I 

116TH CONGRESS 

1ST SESSION H. R. 4674 

To amend and strengthen the Higher Education Act of 1965 to lower the 

cost of college for students and families, to hold colleges accountable 

for students’ success, and to give a new generation of students the 

opportunity to graduate on-time and transition to a successful career. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 15, 2019 

Mr. SCOTT of Virginia (for himself, Mrs. DAVIS of California, Mr. GRIJALVA, 

Mr. COURTNEY, Ms. FUDGE, Mr. SABLAN, Ms. WILSON of Florida, Ms. 

BONAMICI, Mr. TAKANO, Ms. ADAMS, Mr. DESAULNIER, Mr. NORCROSS, 

Ms. JAYAPAL, Mr. MORELLE, Ms. WILD, Mr. HARDER of California, Ms. 

SCHRIER, Mrs. HAYES, Ms. SHALALA, Mr. LEVIN of Michigan, Ms. 

OMAR, Mr. TRONE, Mrs. LEE of Nevada, Mrs. TRAHAN, and Mr. CASTRO

of Texas) introduced the following bill; which was referred to the Committee on Education and Labor 

A BILL 

To amend and strengthen the Higher Education Act of 1965 

to lower the cost of college for students and families, 

to hold colleges accountable for students’ success, and 

to give a new generation of students the opportunity 

to graduate on-time and transition to a successful career. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘College Affordability Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. References. 

Sec. 3. General effective date. 

TITLE I—GENERAL PROVISIONS 

PART A—DEFINITIONS

Sec. 1001. Definition of institution of higher education for purposes of title IV 

programs. 

Sec. 1002. Additional definitions. 

Sec. 1003. Gainful employment programs. 

PART B—ADDITIONAL GENERAL PROVISIONS

Sec. 1011. National Advisory Committee on Institutional Quality and Integrity. 

Sec. 1012. Disclosures of foreign gifts. 

Sec. 1013. Alcohol and substance misuse prevention. 

Sec. 1014. Exception to required registration with selective service system. 

Sec. 1015. Integrity of nonprofit institutions of higher education. 

Sec. 1016. Support and guidance for homeless individuals and foster care 

youth. 

Sec. 1017. Calculation of percentage of enrolled students receiving or eligible 

for Federal Pell Grants. 

Sec. 1018. Certification regarding the use of certain Federal funds. 

PART C—COST OF HIGHER EDUCATION

Sec. 1021. Consumer information. 

Sec. 1022. Postsecondary student data system. 

Sec. 1023. Avoiding duplicative reporting. 

Sec. 1024. Textbook information. 

Sec. 1025. Repeals. 

Sec. 1026. In-State tuition rates for homeless youth and foster care youth. 

PART D—ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT

FINANCIAL ASSISTANCE

Sec. 1031. Improvements to the Federal student aid office. 

TITLE II—TEACHER QUALITY ENHANCEMENT 

PART A—TEACHER AND SCHOOL LEADER QUALITY PARTNERSHIP GRANTS

Sec. 2001. Definitions. 

Sec. 2002. Purposes. 

Sec. 2003. Partnership grants. 

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Sec. 2004. Administrative provisions. 

Sec. 2005. Accountability and evaluation. 

Sec. 2006. Accountability for programs that prepare teachers, principals, or 

other school leaders. 

Sec. 2007. Teacher development. 

Sec. 2008. State functions. 

Sec. 2009. General provisions. 

Sec. 2010. Elevation of the education profession study. 

Sec. 2011. Authorization of appropriations. 

PART B—ENHANCING TEACHER AND SCHOOL LEADER EDUCATION

Sec. 2101. Enhancing teacher and school leader education. 

TITLE III—INSTITUTIONAL AID 

Sec. 3001. Strengthening institutions. 

Sec. 3002. Strengthening Historically Black Colleges and Universities. 

Sec. 3003. Historically Black College and University Capital Financing. 

Sec. 3004. Strengthening Historically Black Colleges and Universities and 

other minority-serving institutions. 

Sec. 3005. General provisions. 

TITLE IV—STUDENT ASSISTANCE 

Sec. 4001. Effective date. 

PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF

HIGHER EDUCATION

SUBPART 1—FEDERAL PELL GRANTS

Sec. 4011. Amount of grants. 

Sec. 4012. Grant eligibility. 

Sec. 4013. Extending Federal Pell Grant eligibility of certain short-term programs. 

Sec. 4014. Providing Federal Pell Grants for Iraq and Afghanistan veteran’s 

dependents. 

Sec. 4015. Federal Pell Grant fraud prevention. 

Sec. 4016. Federal Pell Grants on behalf of incarcerated individuals. 

SUBPART 2—FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS

CHAPTER 1—FEDERAL TRIO PROGRAMS

Sec. 4021. Program authority; authorization of appropriations. 

Sec. 4022. Talent search. 

Sec. 4023. Upward bound. 

Sec. 4024. Student support services. 

Sec. 4025. Postbaccalaureate achievement program authority. 

Sec. 4026. Educational opportunity centers. 

Sec. 4027. Staff developmental activities. 

Sec. 4028. Reports and evaluations. 

CHAPTER 2—GAINING EARLY AWARENESS AND READINESS FOR

UNDERGRADUATE PROGRAMS

Sec. 4031. Gaining early awareness and readiness for undergraduate programs. 

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SUBPART 3—FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS

Sec. 4041. Purpose; appropriations authorized. 

Sec. 4042. Institutional eligibility. 

Sec. 4043. Allocation of funds. 

Sec. 4044. Emergency financial aid grant program. 

SUBPART 4—SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE

ENGAGED IN MIGRANT AND SEASONAL FARMWORK

Sec. 4051. Special programs for students whose families are engaged in migrant and seasonal farmwork. 

SUBPART 5—CHILD CARE ACCESS MEANS PARENTS IN SCHOOL

Sec. 4061. CCAMPIS Reauthorization. 

SUBPART 6—JUMPSTART TO COLLEGE GRANT PROGRAMS

Sec. 4071. Jumpstart to college grant programs. 

SUBPART 7—TEACH GRANTS

Sec. 4081. Revised definitions of teach grants. 

Sec. 4082. Revisions to establishing teach grant program. 

Sec. 4083. Revisions to teach grant agreements to serve and eligibility. 

Sec. 4084. Revisions to teach grant data collection and reporting. 

SUBPART 8—NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA COLLEGE

ACCESS

Sec. 4091. Northern Mariana Islands and American Samoa College access. 

SUBPART 9—COMMUNITY COLLEGE STUDENT SUCCESS

Sec. 4092. Community College Student Success Grant program authorized. 

Sec. 4093. Federal Pell Bonus Program. 

PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM

Sec. 4101. Termination of certain repayment plan options and opportunity to 

change repayment plans. 

Sec. 4102. Termination of interest capitalization for subsidized loans after certain periods. 

Sec. 4103. Termination of interest capitalization for PLUS loans after certain 

periods. 

Sec. 4104. Subsequent consolidation loans. 

Sec. 4105. Default reduction program. 

Sec. 4106. Termination of interest capitalization for unsubsidized loans after 

certain periods. 

Sec. 4107. Disbursement of student loans. 

Sec. 4108. Student loan contract and loan disclosures. 

Sec. 4109. Borrower advocate conforming amendments. 

Sec. 4110. Cohort default rates. 

Sec. 4111. Automatic income monitoring procedures after a total and permanent disability discharge. 

Sec. 4112. Repayment of parent loans due to student disability. 

PART C—FEDERAL WORK-STUDY PROGRAMS

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Sec. 4201. Purpose; authorization of appropriations. 

Sec. 4202. Allocation formula. 

Sec. 4203. Grants for Federal work-study programs. 

Sec. 4204. Flexible use of funds. 

Sec. 4205. Job location and development programs. 

Sec. 4206. Community service. 

Sec. 4207. Pilot grant program. 

Sec. 4208. Department activities. 

Sec. 4209. Study and report. 

PART D—FEDERAL DIRECT LOAN PROGRAM

Sec. 4301. Program authority. 

Sec. 4302. Amendments to terms and conditions of loans and repayment plans. 

Sec. 4303. Amendments to terms and conditions of public service loan forgiveness. 

Sec. 4304. Federal Direct Perkins Loans terms and conditions. 

Sec. 4305. Common manual for loan servicers. 

Sec. 4306. Refinancing FFEL and Federal Direct Loans. 

Sec. 4307. Refinancing private student loans. 

PART E—FEDERAL PERKINS LOANS

Sec. 4401. Authorization of appropriations for Perkins loan. 

Sec. 4402. Allocation of funds for Perkins loan. 

Sec. 4403. Federal Direct Perkins loan allocation. 

Sec. 4404. Agreements with institutions of higher education for purposes of the 

Perkins loan program. 

Sec. 4405. Student loan information by eligible institutions for purposes of the 

Perkins loan program. 

Sec. 4406. Terms of loans for purposes of the Perkins loan program. 

Sec. 4407. Reimbursement for cancellation of Perkins loans for certain public 

service. 

Sec. 4408. Distribution of assets from student loan funds for purposes of the 

Perkins loan program. 

PART F—NEED ANALYSIS

Sec. 4501. Conforming amendment to family contribution. 

Sec. 4502. Amendments to data elements when determining the expected family 

contribution. 

Sec. 4503. Amendments to family contribution for dependent students. 

Sec. 4504. Amendments to family contribution for independent students without dependents other than a spouse. 

Sec. 4505. Amendments to family contribution for independent students with 

dependents other than a spouse. 

Sec. 4506. Institutional calculations for off-campus room and board. 

Sec. 4507. Updated tables and amounts to need analysis. 

Sec. 4508. Zero expected family contribution. 

Sec. 4509. Amendments to definitions in need analysis. 

PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE

PROGRAMS

Sec. 4601. Definition of eligible program. 

Sec. 4602. Definition of third party servicer. 

Sec. 4603. FAFSA simplification. 

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Sec. 4604. Student eligibility. 

Sec. 4606. Reinstatement of the 6-year statute of limitations for student loans. 

Sec. 4607. Student eligibility information for nutrition assistance programs. 

Sec. 4608. Exit counseling. 

Sec. 4609. Clery Act amendments. 

Sec. 4610. Online survey tool for campus safety. 

Sec. 4611. Transfer of credit policies. 

Sec. 4612. Amendments to institutional and financial assistance. 

Sec. 4613. Information with respect to crime statistics for programs of study 

abroad. 

Sec. 4614. Remedial education grants. 

Sec. 4615. Competency-based education. 

Sec. 4616. Competency-based education council. 

Sec. 4617. Written arrangements to provide educational programs. 

Sec. 4618. Improvements to program participation agreements. 

Sec. 4619. Compliance with the Civil Rights Act of 1964. 

Sec. 4620. Submission of data with respect to students with disabilities. 

Sec. 4621. Education program on hazing. 

Sec. 4622. Changes to program participation agreements to strengthen consumer protections. 

Sec. 4623. Misrepresentation and substantial misrepresentation defined. 

Sec. 4624. Teach-out plans. 

Sec. 4625. Experimental programs. 

Sec. 4626. Administrative expenses. 

Sec. 4627. Regional meetings and negotiated rulemaking. 

Sec. 4628. Income-based repayment plan. 

Sec. 4629. Fixed repayment plan. 

Sec. 4630. Requiring a common manual for loan servicers. 

Sec. 4631. Removal of record of default. 

Sec. 4632. Amendments to terms and conditions of borrower defenses. 

Sec. 4633. On-time repayment rates. 

PART H—PROGRAM INTEGRITY

SUBPART 1—STATE ROLE

Sec. 4701. State responsibilities. 

SUBPART A—ACCREDITING AGENCY RECOGNITION

Sec. 4711. Accrediting agency recognition of eligible job training programs. 

Sec. 4712. Accrediting agency recognition of institutions enrolling incarcerated 

individuals. 

Sec. 4713. Requirements for accrediting agency recognition. 

SUBPART B—PROGRAM REVIEW AND DATA

Sec. 4721. Eligibility and certification procedures. 

Sec. 4722. Program review and data. 

SUBPART C—STRENGTHENING INSTITUTIONAL QUALITY

Sec. 4731. Strengthening institutional quality. 

PART I—AMERICA’S COLLEGE PROMISE FEDERAL-STATE PARTNERSHIP

Sec. 4801. Program authorized. 

Sec. 4802. Student Success Fund. 

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Sec. 4803. Pathways to student success for Historically Black Colleges and 

Universities, Tribal Colleges and Universities, and MinorityServing Institutions. 

Sec. 4804. Unmet need for Federal Pell Grant recipients. 

Sec. 4805. Unmet need for students. 

Sec. 4806. Tuition waivers. 

Sec. 4807. Expansion for private institutions. 

TITLE V—DEVELOPING INSTITUTIONS 

Sec. 5001. Hispanic-serving institutions. 

Sec. 5002. Promoting postbaccalaureate opportunities for Hispanic Americans. 

Sec. 5003. General provisions. 

TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 

Sec. 6001. International education. 

Sec. 6002. Global business and professional education programs. 

Sec. 6003. Repeal of assistance program for Institute for International Public 

Policy. 

Sec. 6004. General provisions. 

TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT 

PROGRAMS 

Sec. 7001. Graduate education programs. 

Sec. 7002. Fund for the Improvement of Postsecondary Education. 

Sec. 7003. Minority-serving institutions innovation fund. 

Sec. 7004. Definitions. 

Sec. 7005. Supporting postsecondary faculty, staff, and administrators in providing accessible education. 

Sec. 7006. Office of Accessibility. 

Sec. 7007. Postsecondary programs for students with intellectual disabilities. 

Sec. 7008. National Technical Assistance Center and National Coordinating 

Center for Inclusion of Students with Intellectual Disabilities. 

Sec. 7009. Formula grants to States to improve higher education opportunities 

for foster youth and homeless youth. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 8001. Ronald V. Dellums memorial STEAM scholars program. 

Sec. 8002. Teach for America. 

Sec. 8003. Patsy T. Mink Fellowship Program. 

Sec. 8004. Improving science, technology, engineering, and mathematics education with a focus on American Indian, Alaska Native, and 

Native Hawaiian students. 

Sec. 8005. Grants for rural-serving institutions of higher education. 

Sec. 8006. Training for realtime writers to provide closed captioning and court 

reporting services. 

Sec. 8007. Grant program to establish, maintain, and improve veteran student 

centers. 

Sec. 8008. University Sustainability Program amendments. 

Sec. 8009. Modeling and simulation. 

Sec. 8010. Mandatory funding for masters and postbaccalaureate programs. 

Sec. 8011. Funds for access to open educational resources. 

Sec. 8012. Repeals. 

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TITLE IX—DIRECTIVES TO THE SECRETARY OF EDUCATION 

Sec. 9001. Providing that the Secretary of Education may not issue or enforce 

certain rules that weaken the enforcement of the prohibition of 

sex discrimination applicable under title IX of the Education 

Amendments of 1972. 

Sec. 9002. Study and report on single certification form. 

Sec. 9003. Longitudinal study on the effectiveness of student loan counseling. 

Sec. 9004. Study and procedures on determining family size. 

Sec. 9005. Universal unique numeric data identifier. 

Sec. 9006. Questions on food and housing insecurity in national postsecondary 

student aid study. 

Sec. 9007. Disaggregation of data using racial groups. 

Sec. 9008. Accessible instructional materials and technology. 

TITLE X—AMENDMENTS TO OTHER LAWS 

PART A—EDUCATION OF THE DEAF ACT OF 1986 

Sec. 10001. Composition of Board of Trustees. 

Sec. 10002. Administrative requirements of Laurent Clerc National Deaf Education Center. 

Sec. 10003. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf. 

PART B—TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE

ACT OF 1978 

Sec. 10101. Tribally Controlled Colleges and Universities Assistance Act of 

1978. 

PART C—STRENGTHENING PROGRAM ALIGNMENT FOR POSTSECONDARY

PERKINS CAREER AND TECHNICAL EDUCATION PROGRAMS

Sec. 10201. Strengthening program alignment for postsecondary Perkins Career and Technical Education Programs. 

PART E—GENERAL EDUCATION PROVISIONS ACT

Sec. 10301. Release of education records to facilitate the award of a recognized 

postsecondary credential. 

PART F—EDUCATION SCIENCES REFORM ACT OF 2002 

Sec. 10401. Inclusion of racial subgroups in IPEDS data. 

PART G—UNITED STATES INSTITUTE OF PEACE ACT

Sec. 10501. Reauthorization of the United States Institute of Peace. 

1 SEC. 2. REFERENCES. 

2 Except as otherwise expressly provided, whenever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other proviVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 sion, the reference shall be considered to be made to a 

2 section or other provision of the Higher Education Act of 

3 1965 (20 U.S.C. 1001 et seq.). 

4 SEC. 3. GENERAL EFFECTIVE DATE. 

5 Except as otherwise provided in this Act or the 

6 amendments made by this Act, this Act and the amend7 ments made by this Act shall take effect on the date of 

8 enactment of this Act. 

9 TITLE I—GENERAL PROVISIONS 

10 PART A—DEFINITIONS 

11 SEC. 1001. DEFINITION OF INSTITUTION OF HIGHER EDU12 CATION FOR PURPOSES OF TITLE IV PRO13 GRAMS. 

14 Section 102(a)(4)(A) of Higher Education Act of 

15 1965 (20 U.S.C. 1002(a)(4)(A)) is amended by inserting 

16 ‘‘or receivership’’ after ‘‘that files for bankruptcy’’. 

17 SEC. 1002. ADDITIONAL DEFINITIONS. 

18 Section 103 of the Higher Education Act of 1965 (20 

19 U.S.C. 1003) is amended— 

20 (1) in paragraph (6), by striking ‘‘section 3(2)’’ 

21 and inserting ‘‘section 3’’; 

22 (2) in paragraph (13), by inserting ‘‘con23 trolled,’’ before ‘‘owned’’; and 

24 (3) by adding at the end the following: 

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1 ‘‘(25) PUBLIC INSTITUTION OF HIGHER EDU2 CATION.—The term ‘public institution of higher edu3 cation’ means an institution of higher education— 

4 ‘‘(A) for which all obligations of the insti5 tution are valid and binding obligations of a 

6 State (or of an equivalent governmental entity); 

7 and 

8 ‘‘(B) for which the full faith and credit of 

9 such State (or equivalent governmental entity) 

10 is pledged for the timely payment of such obli11 gations. 

12 ‘‘(26) FOSTER CARE YOUTH.—The term ‘foster 

13 care youth’ means an individual whose care and 

14 placement is the responsibility of the State or tribal 

15 agency that administers a State or tribal plan under 

16 part B or E of title IV of the Social Security Act 

17 (42 U.S.C. 621 et seq.; 670 et seq.), without regard 

18 to whether foster care maintenance payments are 

19 made under section 472 of such Act (42 U.S.C. 672) 

20 on behalf of the individual, including any such indi21 vidual who was in such care on or after attaining 13 

22 years of age and without regard to the reason the 

23 individual left such care. 

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1 ‘‘(27) FEDERAL EDUCATION ASSISTANCE

2 FUNDS.—The term ‘Federal education assistance 

3 funds’— 

4 ‘‘(A) except as provided in subparagraph 

5 (B), means any Federal funds provided, under 

6 this Act or any other Federal law, through a 

7 grant, contract, subsidy, loan, or guarantee, or 

8 through insurance or other means (including 

9 Federal funds disbursed or delivered to an insti10 tution or on behalf of a student or to a student 

11 to be used to attend the institution); and 

12 ‘‘(B) does not include any monthly housing 

13 stipend provided under the Post-9/11 Edu14 cational Assistance Program under chapter 33 

15 of title 38, United States Code. 

16 ‘‘(28) PROGRESS PERIOD STATUS.—The term 

17 ‘progress period status’ means the status of an insti18 tution of higher education that is determined by the 

19 Secretary to be in danger of failing to meet title IV 

20 eligibility criteria relating to student debt because 

21 the institution has an adjusted cohort default rate of 

22 not less than 10 percent and not more than 15 per23 cent.’’. 

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1 SEC. 1003. GAINFUL EMPLOYMENT PROGRAMS. 

2 Part A of title I of the Higher Education Act of 1965 

3 (20 U.S.C. 1001 et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 104. PROGRAM OF TRAINING TO PREPARE STUDENTS 

6 FOR GAINFUL EMPLOYMENT IN A RECOG7 NIZED OCCUPATION. 

8 ‘‘(a) GAINFUL EMPLOYMENT PROGRAM DEFINED.— 

9 In this Act (including for purposes of sections 101 and 

10 102), the term ‘program of training to prepare students 

11 for gainful employment in a recognized occupation’ means 

12 a training program that— 

13 ‘‘(1) is in compliance with the performance 

14 metrics (including the eligibility thresholds for each 

15 such metric) established under subsection (b)(1); 

16 ‘‘(2) is in compliance with the notice require17 ments under subsection (b)(1)(C)(i)(II); 

18 ‘‘(3) is otherwise eligible to receive funds under 

19 title IV; and 

20 ‘‘(4) is not a training program that is substan21 tially similar to a training program which, during a 

22 period determined by the Secretary, did not meet 

23 one or more of the performance metrics (such as an 

24 eligibility threshold) described in paragraph (1). 

25 ‘‘(b) SECRETARIAL REQUIREMENTS.— 

26 ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 

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1 ‘‘(A) IN GENERAL.—Not later than 18 

2 months after the date of enactment of the Col3 lege Affordability Act, the Secretary shall estab4 lish requirements that training programs shall 

5 meet to be programs of training to prepare stu6 dents for gainful employment in a recognized 

7 occupation, which shall include— 

8 ‘‘(i) establishing performance metrics 

9 (including eligibility thresholds for each 

10 such metric) described in subparagraph 

11 (B); and 

12 ‘‘(ii) developing a disclosure template 

13 and a verification process for disclosures 

14 described in subparagraph (C). 

15 ‘‘(B) PERFORMANCE METRICS.— 

16 ‘‘(i) IN GENERAL.—In establishing the 

17 performance metrics under subparagraph 

18 (A)(i), the Secretary shall, at a minimum, 

19 establish the requirements for a debt-to20 earnings rate that serves the best interests 

21 of students and taxpayers, which shall in22 clude— 

23 ‘‘(I) a methodology for calcu24 lating such debt-to-earnings rate for a 

25 training program, including— 

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1 ‘‘(aa) a definition of the co2 hort of individuals on whom such 

3 rate shall be based, who shall be 

4 selected from the individuals who 

5 were enrolled in such training 

6 program (without regard to 

7 whether the individuals received 

8 a loan for such enrollment); 

9 ‘‘(bb) a determination of the 

10 debt amount for such rate based 

11 on the median annual loan pay12 ment for the loans made under 

13 title IV and the private education 

14 loans received for such enroll15 ment by such cohort; and 

16 ‘‘(cc) a determination of the 

17 earnings amount for such rate 

18 based on the mean or median of 

19 the actual, student-level annual 

20 earnings for such cohort; 

21 ‘‘(II) establishing a process (such 

22 as an appeals process) to authorize 

23 training programs to use alternate 

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1 dian of the actual, student-level an2 nual earnings of a cohort; and 

3 ‘‘(III) establishing a threshold 

4 rate that each training program shall 

5 meet to be eligible to receive funds 

6 under title IV. 

7 ‘‘(ii) EARNINGS DATA.—In deter8 mining the mean or median of the actual, 

9 student-level annual earnings for purposes 

10 of this subparagraph, the Secretary shall 

11 obtain and use the most appropriate avail12 able Federal data on such earnings. 

13 ‘‘(C) DISCLOSURE TEMPLATE.—The Sec14 retary shall develop— 

15 ‘‘(i) a disclosure template that— 

16 ‘‘(I) is consumer tested; and 

17 ‘‘(II) is used by each institution 

18 of higher education that offers a 

19 training program to provide enrolled 

20 and prospective students (including 

21 through publication on the website of 

22 such institution of higher education 

23 for such training program)— 

24 ‘‘(aa) on an annual basis, 

25 student outcome information for 

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1 such program (including the 

2 debt-to-earnings rate and wheth3 er the eligibility threshold for any 

4 other performance metric estab5 lished under subparagraph (A)(i) 

6 has been met); and 

7 ‘‘(bb) in a case in which the 

8 training program receives a no9 tice of determination under para10 graph (2)(B) that the program 

11 may be ineligible for funds under 

12 title IV, or may receive other 

13 sanctions, not later than 30 days 

14 after receipt of such notice, an 

15 explanation of such notice of de16 termination; and 

17 ‘‘(ii) a process to annually verify that 

18 each institution of higher education that 

19 offers a training program is providing the 

20 disclosures required under clause (i)(II). 

21 ‘‘(2) ENFORCEMENT OF REQUIREMENTS.—Not 

22 later than 2 years after the Secretary establishes re23 quirements under paragraph (1), and annually 

24 thereafter, the Secretary shall, with respect to each 

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1 training program that meets the definition of sub2 section (a) or that seeks to meet such definition— 

3 ‘‘(A) calculate the debt-to-earnings rate 

4 and assess performance with respect to any 

5 other metric established under paragraph 

6 (1)(A)(i) for the preceding award year, and 

7 make such information publicly available on the 

8 website of the Department; 

9 ‘‘(B) issue a notice of determination on 

10 whether the program is meeting the require11 ments established by the Secretary, including 

12 whether the program shall be subject to sanc13 tions (such as loss of eligibility under title IV); 

14 and 

15 ‘‘(C) enforce the applicable sanctions.’’. 

16 PART B—ADDITIONAL GENERAL PROVISIONS 

17 SEC. 1011. NATIONAL ADVISORY COMMITTEE ON INSTITU18 TIONAL QUALITY AND INTEGRITY. 

19 Section 114 of the Higher Education Act of 1965 (20 

20 U.S.C. 1011c) is amended by striking subsection (f). 

21 SEC. 1012. DISCLOSURES OF FOREIGN GIFTS. 

22 (a) IN GENERAL.—Section 117 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1011f) is amended— 

24 (1) in subsection (b)— 

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1 (A) in paragraph (1), by adding at the end 

2 the following: ‘‘In this paragraph, the term ‘ag3 gregate dollar amount’ includes the fair market 

4 value of staff members, textbooks, and other in5 kind gifts.’’; and 

6 (B) in paragraph (2), by inserting ‘‘In this 

7 paragraph, the term ‘aggregate dollar amount’ 

8 includes the fair market value of staff members, 

9 textbooks, and other in-kind gifts.’’ after ‘‘each 

10 foreign government.’’; 

11 (2) in subsection (d)— 

12 (A) in paragraph (1) by striking ‘‘are sub13 stantially’’ and all that follows through ‘‘this 

14 section,’’ and inserting ‘‘includes all information 

15 required by this section,’’; and 

16 (B) in paragraph (2) by striking ‘‘require17 ments substantially similar to those’’ and in18 serting ‘‘all the information’’; 

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

20 following: ‘‘Not later than 30 days after receiving a 

21 disclosure report under this section, the Secretary 

22 shall make such report electronically available to the 

23 public for downloading on searchable database under 

24 which institutions can be individually identified and 

25 compared. Not later than 60 days after the date of 

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1 the enactment of the College Affordability Act, the 

2 Secretary shall make available in the same manner 

3 as described in the preceding sentence, each disclo4 sure report received under this section on or after 

5 January 1, 2000, to the extent that the Secretary 

6 has access to such report.’’; 

7 (4) by amending subsection (g) to read as fol8 lows: 

9 ‘‘(g) REGULATIONS.— 

10 ‘‘(1) IN GENERAL.—Not later than 2 years 

11 after the date of the enactment of the College Af12 fordability Act, the Secretary shall issue regulations 

13 to carry out this section. 

14 ‘‘(2) PROCEDURE.—Regulations under para15 graph (1) shall be— 

16 ‘‘(A) developed through the negotiated 

17 rulemaking process under section 492; 

18 ‘‘(B) developed with consultation from 

19 stakeholders; and 

20 ‘‘(C) published in the Federal Register in 

21 accordance with section 482.’’; and 

22 (5) in subsection (h)— 

23 (A) in paragraph (3), by striking ‘‘or prop24 erty’’ and inserting ‘‘property, human re25 sources, or payment of any staff;’’; and 

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1 (B) in paragraph (5)(B), by inserting ‘‘in2 stitutes, instructional programs,’’ after ‘‘cen3 ters,’’. 

4 (b) APPLICABILITY.—The amendments made by this 

5 section shall apply to institutions under section 117 of the 

6 Higher Education Act of 1965 (20 U.S.C. 1011f) on the 

7 date that is 2 years after the date of the enactment of 

8 this section. 

9 SEC. 1013. ALCOHOL AND SUBSTANCE MISUSE PREVEN10 TION. 

11 (a) IN GENERAL.—Section 120 of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1011i) is amended— 

13 (1) in the section heading, by striking ‘‘DRUG

14 AND ALCOHOL ABUSE’’ and inserting ‘‘ALCOHOL

15 AND SUBSTANCE MISUSE’’; 

16 (2) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘a program to prevent the use of il19 licit drugs and the abuse of alcohol by students 

20 and employees that,’’ and inserting ‘‘an evi21 dence-based program to prevent alcohol and 

22 substance misuse by students and employees 

23 that,’’; 

24 (B) by amending paragraph (1)(C) to read 

25 as follows: 

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1 ‘‘(C) a description of the health-risks asso2 ciated with the use of illicit drugs and alcohol 

3 and substance misuse;’’; 

4 (C) by amending paragraph (1)(D) to read 

5 as follows: 

6 ‘‘(D) a description of any alcohol or sub7 stance misuse counseling, treatment, rehabilita8 tion, recovery, re-entry, or recovery support 

9 programs provided by the institution (including 

10 in partnership with a community-based organi11 zation) that are available to employees or stu12 dents;’’; and 

13 (D) in paragraph (1)(E), by striking ‘‘that 

14 the institution will impose’’ and inserting ‘‘of 

15 the policies of the institution regarding’’; 

16 (3) in subsection (c)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘and’’ at the end of 

19 subparagraph (A); 

20 (ii) in subparagraph (B), by striking 

21 the period and inserting ‘‘; and’’; and 

22 (iii) by adding at the end the fol23 lowing: 

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1 ‘‘(C) compliance assistance to assist insti2 tutions in complying with the requirements of 

3 this section.’’; 

4 (B) by redesignating paragraph (2) as 

5 paragraph (4); and 

6 (C) by inserting after paragraph (1) the 

7 following: 

8 ‘‘(2) INTERAGENCY AGREEMENT.—Not later 

9 than 180 days after the date of enactment of the 

10 College Affordability Act, the Secretary shall enter 

11 into a interagency agreement with the Secretary of 

12 Health and Human Services to— 

13 ‘‘(A) determine criteria that satisfy the re14 quirement of subsection (a) that an institution 

15 of higher education has adopted and has imple16 mented an evidence-based program described in 

17 such subsection; 

18 ‘‘(B) establish a process for disseminating 

19 the best practices for adopting and imple20 menting such an evidence-based program; and 

21 ‘‘(C) establish a process that promotes co22 ordination and collaboration between institu23 tions of higher education and the respective 

24 State agencies that administer the Substance 

25 Abuse Prevention and Treatment Block Grants 

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1 pursuant to subpart II of part B of title XIX 

2 of the Public Health Service Act (42 U.S.C. 

3 300x–21). 

4 ‘‘(3) GUIDANCE.—Not later than 1 year after 

5 the date of enactment of the College Affordability 

6 Act, the Secretary shall, in coordination with the 

7 Secretary of Health and Human Services, issue 

8 guidance with respect to the criteria described in 

9 paragraph (2)(A).’’; and 

10 (4) in subsection (e)— 

11 (A) in the subsection heading, by striking 

12 ‘‘DRUG ABUSE’’ in the heading and inserting 

13 ‘‘SUBSTANCE MISUSE’’; 

14 (B) in paragraph (1)— 

15 (i) by striking ‘‘other organizations’’ 

16 and inserting ‘‘community-based organiza17 tions that partner with institutions of high18 er education’’; 

19 (ii) by striking ‘‘programs of preven20 tion, and education (including treatment21 referral) to reduce and eliminate the illegal 

22 use of drugs and alcohol and the violence 

23 associated with such use’’ and inserting 

24 ‘‘evidence-based programs of alcohol and 

25 substance misuse prevention and education 

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1 (including programs to improve access to 

2 treatment, referral for treatment services, 

3 or crisis intervention services) to eliminate 

4 illegal substance use, decrease substance 

5 misuse, and improve public health and 

6 safety’’; and 

7 (iii) by striking ‘‘alcohol and drug 

8 abuse’’ and inserting ‘‘substance use dis9 order’’; 

10 (C) by redesignating paragraphs (2) 

11 through (5) as paragraphs (3) through (6), re12 spectively; 

13 (D) by inserting after paragraph (1) the 

14 following: 

15 ‘‘(2) ADDITIONAL USES.—In addition to the ac16 tivities described in paragraph (1), a grant or con17 tract awarded under paragraph (1) may be used to 

18 carry out 1 or more of the following evidence-based 

19 programs or activities: 

20 ‘‘(A) Providing programs for recovery sup21 port services, and peer-to-peer support services 

22 and counseling for students with a substance 

23 use disorder. 

24 ‘‘(B) Promoting integration and collabora25 tion in campus-based health services between 

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1 primary care, substance use disorder services, 

2 and mental health services. 

3 ‘‘(C) Promoting integrated care services 

4 for students related to screening, diagnosis, pre5 vention, and treatment of mental, behavioral, 

6 and substance use disorders. 

7 ‘‘(D) Providing re-entry assistance for stu8 dents on academic probation due to their sub9 stance use disorder. 

10 ‘‘(E) Preventing fatal and nonfatal 

11 overdoses. 

12 ‘‘(F) Providing education to students, fac13 ulty, or other personnel on— 

14 ‘‘(i) recognizing the signs and symp15 toms of substance use disorder, and how to 

16 engage and support a person in a crisis sit17 uation; 

18 ‘‘(ii) resources available in the com19 munity, within the institution of higher 

20 education, and other relevant resources for 

21 individuals with a substance use disorder; 

22 and 

23 ‘‘(iii) safely de-escalating crisis situa24 tions involving individuals with a substance 

25 use disorder.’’; and 

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1 (E) by amending paragraph (6), as redes2 ignated by subparagraph (C), to read as fol3 lows: 

4 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to carry out 

6 this section $15,000,000 for fiscal year 2021 and 

7 each of the 5 succeeding fiscal years.’’. 

8 (b) EFFECTIVE DATES.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the amendments made by this section 

11 shall take effect on the date of enactment of this 

12 Act. 

13 (2) DELAYED EFFECTIVE DATES.—The amend14 ments made by subsection (a)(2) shall apply to insti15 tutions of higher education on the date that is 2 

16 years after the date of enactment of this Act. 

17 SEC. 1014. EXCEPTION TO REQUIRED REGISTRATION WITH 

18 SELECTIVE SERVICE SYSTEM. 

19 Part B of title I of the Higher Education Act of 1965 

20 (20 U.S.C. 1011 et seq.) is amended by adding at the end 

21 the following: 

22 ‘‘SEC. 124. EXCEPTION TO REQUIRED REGISTRATION WITH 

23 SELECTIVE SERVICE SYSTEM. 

24 ‘‘Notwithstanding section 12(f) of the Military Selec25 tive Service Act (50 U.S.C. 3811(f)), a person shall not 

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1 be ineligible for assistance or a benefit provided under title 

2 IV if the person is required under section 3 of such Act 

3 (50 U.S.C. 3802) to present himself for and submit to 

4 registration under such section, and fails to do so in ac5 cordance with any proclamation, rule, or regulation issued 

6 under such section.’’. 

7 SEC. 1015. INTEGRITY OF NONPROFIT INSTITUTIONS OF 

8 HIGHER EDUCATION. 

9 Part B of title I of the Higher Education Act of 1965 

10 (20 U.S.C. 1011 et seq.), as amended by this part, is fur11 ther amended by adding at the end the following: 

12 ‘‘SEC. 125. INTEGRITY OF NONPROFIT INSTITUTIONS OF 

13 HIGHER EDUCATION. 

14 ‘‘(a) DETERMINATION.—The Secretary may approve 

15 the conversion of an institution of higher education to a 

16 nonprofit institution of higher education only if the Sec17 retary determines that such institution of higher education 

18 meets the requirements under subsection (b). 

19 ‘‘(b) APPLICATION.—To be eligible to convert and 

20 participate as a nonprofit institution of higher education 

21 under this Act, an institution of higher education shall 

22 submit an application to the Secretary that demonstrates 

23 each of the following: 

24 ‘‘(1) That the institution of higher education 

25 that submits such application is controlled, owned, 

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1 and operated by one or more nonprofit corporations 

2 or associations, no part of the net earnings of which 

3 inures, or may lawfully inure, to the benefit of any 

4 private shareholder or individual. 

5 ‘‘(2) That any assets or services acquired by the 

6 institution of higher education that submits such ap7 plication from former owners of such institution of 

8 higher education were not acquired for more than 

9 the value of such assets or services. 

10 ‘‘(3) That no member of the governing board of 

11 the institution of higher education that submits such 

12 application (other than ex officio members serving at 

13 the pleasure of the remainder of the governing board 

14 and receiving a fixed salary), or any person with the 

15 power to appoint or remove members of such gov16 erning board or any immediate family member of 

17 such a member of the board or such a person with 

18 power of appointment, receives any substantial di19 rect or indirect economic benefit (including a lease, 

20 promissory note, or other contract) from such insti21 tution of higher education. 

22 ‘‘(4) That the institution of higher education 

23 that submits such application is an organization de24 scribed in section 501(c)(3) of the Internal Revenue 

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1 Code of 1986 and is exempt from taxation under 

2 section 501(a) of such Code. 

3 ‘‘(5) Subject to subsection (c), that none of the 

4 core functions of the institution of higher education 

5 that submits such application are under the control 

6 of, or subject to significant direction from, an entity 

7 that is not a public institution of higher education 

8 or other nonprofit entity. 

9 ‘‘(c) PRESUMPTION OF SIGNIFICANT DIRECTION.— 

10 For purposes of paragraph (5) of subsection (b), in the 

11 case of an institution of higher education that submits an 

12 application under such subsection, there shall be a conclu13 sive presumption that an entity (other than such institu14 tion of higher education) exercises significant direction 

15 over such institution if one or more of the employees or 

16 owners of the entity serves as an officer, member of the 

17 board, or person holding similar authority for such institu18 tion. 

19 ‘‘(d) TRANSITION PERIOD.—In the case of a propri20 etary institution of higher education (as defined in section 

21 102(b)) approved for conversion under subsection (a), for 

22 a period of at least 5 years that begins on the date such 

23 institution is approved for such conversion, the institution 

24 shall be subject to any provision of this Act and any reguVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 lations that apply to proprietary institutions of higher edu2 cation. 

3 ‘‘(e) VALUE.—The term ‘value’, with respect to an 

4 acquisition under subsection (b)(2)— 

5 ‘‘(1) includes the value of any ongoing relation6 ship (including any contract, agreement, lease or 

7 other arrangement); 

8 ‘‘(2) subject to paragraph (3), may be dem9 onstrated through— 

10 ‘‘(A) a third-party appraisal based on com11 parable assets acquired by, or goods or services 

12 procured by, nonprofit corporations in similar 

13 market conditions; 

14 ‘‘(B) an independent financing of the ac15 quisition based upon the assets acquired; or 

16 ‘‘(C) a full and open competition in the ac17 quisition of services or assets, as such term is 

18 defined in section 2.101(b) of title 48, Code of 

19 Federal Regulations, as in effect on the date of 

20 the enactment of this section; and 

21 ‘‘(3) shall be subject to such other demonstra22 tion process determined appropriate by the Secretary 

23 in a case in which the Secretary does not accept a 

24 demonstration process described in paragraph (2). 

25 ‘‘(f) PUBLICATION.— 

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1 ‘‘(1) APPLICATION.—Before the Secretary may 

2 approve the conversion of an institution of higher 

3 education under subsection (a), the application of 

4 such institution submitted to the Secretary under 

5 subsection (b) shall be published in the Federal Reg6 ister with an appropriate notice and comment pe7 riod. 

8 ‘‘(2) DETERMINATION.—The Secretary shall 

9 publish each determination under this section, and 

10 the reasons for such determination, under the Fed11 eral Register. 

12 ‘‘(g) PUBLIC REPRESENTATION AND MARKETING OF

13 NONPROFIT STATUS.—An institution of higher education 

14 shall not promote or market itself, in any manner, as a 

15 nonprofit institution of higher education unless— 

16 ‘‘(1) in the case of an institution of higher edu17 cation that seeks to convert to a nonprofit institu18 tion of higher education under this section— 

19 ‘‘(A) the Secretary has given final approval 

20 of the conversion of the institution to a non21 profit institution of higher education under this 

22 section; 

23 ‘‘(B) an accrediting agency or association 

24 recognized by the Secretary pursuant to section 

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1 496 has approved the nonprofit status of the 

2 institution; and 

3 ‘‘(C) the State has given final approval to 

4 the institution as a nonprofit institution of 

5 higher education, as applicable; and 

6 ‘‘(2) the Commissioner of Internal Revenue has 

7 approved the institution as tax exempt for purposes 

8 of the Internal Revenue Code of 1986. 

9 ‘‘(h) OFFICE TO MONITOR NONPROFIT INTEG10 RITY.—Not later than 1 year after the date of enactment 

11 of the College Affordability Act, the Secretary shall estab12 lish an office within the Department with the expertise 

13 necessary to carry out this section. 

14 ‘‘SEC. 126. REVIEW OF GOVERNANCE. 

15 ‘‘The Secretary shall review the governance of an in16 stitution of higher education when such institution has en17 gaged in transactions or arrangements determined by the 

18 Secretary as potential indicators of private inurement, in 

19 order to promote the highest standards of nonprofit integ20 rity.’’. 

21 SEC. 1016. SUPPORT AND GUIDANCE FOR HOMELESS INDI22 VIDUALS AND FOSTER CARE YOUTH. 

23 Part B of title I of the Higher Education Act of 1965 

24 (20 U.S.C. 1011 et seq.), as amended by this part, is fur25 ther amended by adding at the end the following: 

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1 ‘‘SEC. 127. SUPPORT AND GUIDANCE FOR HOMELESS INDI2 VIDUALS AND FOSTER CARE YOUTH. 

3 ‘‘(a) GUIDANCE.—Not later than 120 days after the 

4 date of enactment of the College Affordability Act, the 

5 Secretary shall issue revised guidance for institutions of 

6 higher education and financial aid administrators regard7 ing serving homeless individuals and foster care youth, in8 cluding the requirements of the determination process for 

9 financial aid administrators as specified in section 480(d). 

10 ‘‘(b) PROFESSIONAL DEVELOPMENT.—Beginning not 

11 later than 1 year after the date of enactment of the Col12 lege Affordability Act, the Secretary shall conduct an an13 nual professional development or training program, such 

14 as a webinar, for liaisons described under section 485(k) 

15 and interested faculty or staff regarding postsecondary 

16 education services for such homeless individuals and foster 

17 care youth. 

18 ‘‘(c) REPORT.—Not later than 1 year after the date 

19 of enactment of the College Affordability Act, and not less 

20 than once every 5 years thereafter, the Secretary shall pre21 pare and submit to Congress a report containing strate22 gies used by institutions, financial aid administrators, and 

23 liaisons described under section 485(k) that were effective 

24 in meeting the needs of such homeless individuals and fos25 ter care youth, including strategies relating to streamVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 lining financial aid policies and procedures and postsec2 ondary education recruitment, retention, and completion. 

3 ‘‘(d) HOMELESS INDIVIDUAL DEFINED.—In this sec4 tion, the term ‘homeless individual’ has the meaning given 

5 the term in section 402A.’’. 

6 SEC. 1017. CALCULATION OF PERCENTAGE OF ENROLLED 

7 STUDENTS RECEIVING OR ELIGIBLE FOR 

8 FEDERAL PELL GRANTS. 

9 Part B of title I of the Higher Education Act of 1965 

10 (20 U.S.C. 1011 et seq.), as amended by this part, is fur11 ther amended by adding at the end the following: 

12 ‘‘SEC. 128. CALCULATION OF PERCENTAGE OF ENROLLED 

13 STUDENTS RECEIVING OR ELIGIBLE FOR 

14 FEDERAL PELL GRANTS. 

15 ‘‘Beginning on the date of enactment of the College 

16 Affordability Act, for purposes of calculating under this 

17 Act the percentage of students enrolled at an institution 

18 of higher education or in a program who are receiving 

19 Federal Pell Grants under section 401 or who are eligible 

20 to receive such grants, the total number of students who 

21 are counted as enrolled in such institution or program 

22 shall not include students who are dually or concurrently 

23 enrolled in the institution or program and a secondary 

24 school.’’. 

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1 SEC. 1018. CERTIFICATION REGARDING THE USE OF CER2 TAIN FEDERAL FUNDS. 

3 (a) IN GENERAL.—Part B of title I of the Higher 

4 Education Act of 1965 (20 U.S.C. 1011 et seq.), as 

5 amended by this part, is further amended by adding at 

6 the end the following: 

7 ‘‘SEC. 129. CERTIFICATION REGARDING THE USE OF CER8 TAIN FEDERAL FUNDS. 

9 ‘‘(a) PROHIBITION.—No Federal funds received 

10 under this Act by an institution of higher education or 

11 other postsecondary educational institution may be used 

12 to pay any person for influencing or attempting to influ13 ence an officer or employee of any agency, a Member of 

14 Congress, an officer or employee of Congress, or an em15 ployee of a Member of Congress in connection with any 

16 Federal action described in subsection (b). 

17 ‘‘(b) APPLICABILITY.—The prohibition in subsection 

18 (a) applies with respect to the following Federal actions: 

19 ‘‘(1) The awarding of any Federal contract. 

20 ‘‘(2) The making of any Federal grant. 

21 ‘‘(3) The making of any Federal loan. 

22 ‘‘(4) The entering into of any Federal coopera23 tive agreement. 

24 ‘‘(5) The extension, continuation, renewal, 

25 amendment, or modification of any Federal contract, 

26 grant, loan, or cooperative agreement. 

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1 ‘‘(c) LOBBYING AND EARMARKS.—No Federal stu2 dent aid funding under this Act may be used to hire a 

3 registered lobbyist or pay any person or entity for securing 

4 an earmark. 

5 ‘‘(d) CERTIFICATION.—Each institution of higher 

6 education or other postsecondary educational institution 

7 receiving Federal funding under this Act, as a condition 

8 for receiving such funding, shall annually certify to the 

9 Secretary that the requirements of subsections (a) through 

10 (c) have been met. 

11 ‘‘(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The 

12 Secretary shall take such actions as are necessary to en13 sure that the provisions of this section are implemented 

14 and enforced.’’. 

15 (b) CONFORMING AMENDMENT.—Section 119 of the 

16 Higher Education Opportunity Act (20 U.S.C. 1011m) is 

17 repealed. 

18 PART C—COST OF HIGHER EDUCATION 

19 SEC. 1021. CONSUMER INFORMATION. 

20 Section 132(i)(1) of the Higher Education Act of 

21 1965 (20 U.S.C. 1015a(i)(1)) is amended— 

22 (1) in subparagraph (T), by striking ‘‘rate,’’ 

23 and inserting ‘‘rate and adjusted cohort default 

24 rate,’’; and 

25 (2) by adding at the end the following: 

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1 ‘‘(AA) The institution’s expenditures on 

2 each of the following: 

3 ‘‘(i) Instruction. 

4 ‘‘(ii) Student services. 

5 ‘‘(iii) Marketing. 

6 ‘‘(iv) Recruitment. 

7 ‘‘(v) Advertising. 

8 ‘‘(vi) Lobbying.’’. 

9 SEC. 1022. POSTSECONDARY STUDENT DATA SYSTEM. 

10 (a) POSTSECONDARY STUDENT DATA SYSTEM.—Sec11 tion 132 of the Higher Education Act of 1965 (20 U.S.C. 

12 1015a) is amended— 

13 (1) by redesignating subsection (l) as subsection 

14 (m); and 

15 (2) by inserting after subsection (k) the fol16 lowing: 

17 ‘‘(l) POSTSECONDARY STUDENT DATA SYSTEM.— 

18 ‘‘(1) IN GENERAL.— 

19 ‘‘(A) ESTABLISHMENT OF SYSTEM.—The 

20 Commissioner of the National Center for Edu21 cation Statistics (referred to in this subsection 

22 as the ‘Commissioner’) shall develop and main23 tain a secure, privacy-protected postsecondary 

24 student-level data system in order to— 

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1 ‘‘(i) accurately evaluate student en2 rollment patterns, progression, completion, 

3 and postcollegiate outcomes, and higher 

4 education costs and financial aid; 

5 ‘‘(ii) assist with transparency, institu6 tional improvement, and analysis of Fed7 eral aid programs; 

8 ‘‘(iii) provide accurate, complete, and 

9 customizable information for students and 

10 families making decisions about postsec11 ondary education; and 

12 ‘‘(iv) reduce the reporting burden on 

13 institutions of higher education, in accord14 ance with section 1022(b)(2) of the College 

15 Affordability Act. 

16 ‘‘(B) AVOIDING DUPLICATED REPORT17 ING.—Notwithstanding any other provision of 

18 this section, to the extent that another provi19 sion of this section requires the same reporting 

20 or collection of data that is required under this 

21 subsection, an institution of higher education, 

22 or the Secretary or Commissioner, may use the 

23 reporting or data required for the postsec24 ondary student data system under this sub25 section to satisfy both requirements. 

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1 ‘‘(C) DEVELOPMENT PROCESS.—In devel2 oping the postsecondary student data system 

3 described in this subsection, the Commissioner 

4 shall— 

5 ‘‘(i) focus on the needs of— 

6 ‘‘(I) users of the data system; 

7 and 

8 ‘‘(II) entities, including institu9 tions of higher education, reporting to 

10 the data system; 

11 ‘‘(ii) take into consideration, to the 

12 extent practicable— 

13 ‘‘(I) the guidelines outlined in the 

14 U.S. Web Design Standards main15 tained by the General Services Admin16 istration and the Digital Services 

17 Playbook and TechFAR Handbook for 

18 Procuring Digital Services Using 

19 Agile Processes of the U.S. Digital 

20 Service; and 

21 ‘‘(II) the relevant successor docu22 ments or recommendations of such 

23 guidelines; 

24 ‘‘(iii) use modern, relevant privacy25 and security-enhancing technology, and enVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 hance and update the data system as nec2 essary to carry out the purpose of this sub3 section; 

4 ‘‘(iv) ensure data privacy and security 

5 is consistent with any Federal law relating 

6 to privacy or data security, including— 

7 ‘‘(I) the requirements of sub8 chapter II of chapter 35 of title 44, 

9 United States Code, specifying secu10 rity categorization under the Federal 

11 Information Processing Standards or 

12 any relevant successor of such stand13 ards; 

14 ‘‘(II) security requirements that 

15 are consistent with the Federal agency 

16 responsibilities in section 3554 of title 

17 44, United States Code, or any rel18 evant successor of such responsibil19 ities; and 

20 ‘‘(III) security requirements, 

21 guidelines, and controls consistent 

22 with cybersecurity standards and best 

23 practices developed by the National 

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1 sistent with section 2(c) of the Na2 tional Institute of Standards and 

3 Technology Act (15 U.S.C. 272(c)), or 

4 any relevant successor of such frame5 works; 

6 ‘‘(v) follow Federal data minimization 

7 practices to ensure only the minimum 

8 amount of data is collected to meet the 

9 system’s goals, in accordance with Federal 

10 data minimization standards and guide11 lines developed by the National Institute of 

12 Standards and Technology; and 

13 ‘‘(vi) provide notice to students out14 lining the data included in the system and 

15 how the data are used. 

16 ‘‘(2) DATA ELEMENTS.— 

17 ‘‘(A) IN GENERAL.—The Commissioner, in 

18 consultation with the Postsecondary Student 

19 Data System Advisory Committee established 

20 under subparagraph (B), shall determine— 

21 ‘‘(i) the data elements to be included 

22 in the postsecondary student data system, 

23 in accordance with subparagraphs (C) and 

24 (D); and 

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1 ‘‘(ii) how to include the data elements 

2 required under subparagraph (C), and any 

3 additional data elements selected under 

4 subparagraph (D), in the postsecondary 

5 student data system. 

6 ‘‘(B) POSTSECONDARY STUDENT DATA

7 SYSTEM ADVISORY COMMITTEE.— 

8 ‘‘(i) ESTABLISHMENT.—The Commis9 sioner shall establish a Postsecondary Stu10 dent Data System Advisory Committee (re11 ferred to in this subsection as the ‘Advi12 sory Committee’), whose members shall in13 clude— 

14 ‘‘(I) the Chief Privacy Officer of 

15 the Department or an official of the 

16 Department delegated the duties of 

17 overseeing data privacy at the Depart18 ment; 

19 ‘‘(II) the Chief Security Officer 

20 of the Department or an official of 

21 the Department delegated the duties 

22 of overseeing data security at the De23 partment; 

24 ‘‘(III) representatives of diverse 

25 institutions of higher education, which 

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1 shall include equal representation be2 tween 2-year and 4-year institutions 

3 of higher education, and from public, 

4 nonprofit, and proprietary institutions 

5 of higher education, including minor6 ity-serving institutions; 

7 ‘‘(IV) representatives from State 

8 higher education agencies, entities, 

9 bodies, or boards; 

10 ‘‘(V) representatives of postsec11 ondary students; 

12 ‘‘(VI) representatives from rel13 evant Federal agencies; and 

14 ‘‘(VII) other stakeholders (in15 cluding individuals with expertise in 

16 data privacy and security, consumer 

17 protection, and postsecondary edu18 cation research). 

19 ‘‘(ii) REQUIREMENTS.—The Commis20 sioner shall ensure that the Advisory Com21 mittee— 

22 ‘‘(I) adheres to all requirements 

23 under the Federal Advisory Com24 mittee Act (5 U.S.C. App.); 

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1 ‘‘(II) establishes operating and 

2 meeting procedures and guidelines 

3 necessary to execute its advisory du4 ties; and 

5 ‘‘(III) is provided with appro6 priate staffing and resources to exe7 cute its advisory duties. 

8 ‘‘(C) REQUIRED DATA ELEMENTS.—The 

9 data elements in the postsecondary student 

10 data system shall include, at a minimum, the 

11 following: 

12 ‘‘(i) Student-level data elements nec13 essary to calculate the information within 

14 the surveys designated by the Commis15 sioner as ‘student-related surveys’ in the 

16 Integrated Postsecondary Education Data 

17 System (IPEDS), as such surveys are in 

18 effect on the day before the date of enact19 ment of the College Affordability Act, ex20 cept that in the case that collection of such 

21 elements would conflict with subparagraph 

22 (F), such elements in conflict with sub23 paragraph (F) shall be included in the ag24 gregate instead of at the student level. 

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1 ‘‘(ii) Student-level data elements nec2 essary to allow for reporting student en3 rollment, persistence, retention, transfer, 

4 and completion measures for all credential 

5 levels separately (including certificate, as6 sociate, baccalaureate, and advanced de7 gree levels), within and across institutions 

8 of higher education (including across all 

9 categories of institution level, control, and 

10 predominant degree awarded). The data 

11 elements shall allow for reporting about all 

12 such data disaggregated by the following 

13 categories: 

14 ‘‘(I) Enrollment status as a first15 time student, recent transfer student, 

16 or other non-first-time student. 

17 ‘‘(II) Attendance intensity, 

18 whether full-time or part-time. 

19 ‘‘(III) Credential-seeking status, 

20 by credential level. 

21 ‘‘(IV) Race or ethnicity (in ac22 cordance with section 153(a)(3)(B) of 

23 the Education Sciences Reform Act 

24 (20 U.S.C. 9543(a)(3)(B))). 

25 ‘‘(V) Age intervals. 

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1 ‘‘(VI) Gender. 

2 ‘‘(VII) Program of study (as ap3 plicable). 

4 ‘‘(VIII) Military or veteran ben5 efit status (as determined based on 

6 receipt of veteran’s education benefits, 

7 as defined in section 480(c)). 

8 ‘‘(IX) Status as a distance edu9 cation student, whether exclusively or 

10 partially enrolled in distance edu11 cation. 

12 ‘‘(X) Federal Pell Grant and 

13 Federal loan recipient status, provided 

14 that the collection of such information 

15 complies with paragraph (1)(B). 

16 ‘‘(D) OTHER DATA ELEMENTS.— 

17 ‘‘(i) IN GENERAL.—The Commissioner 

18 may, after consultation with the Advisory 

19 Committee and provision of a public com20 ment period, include additional data ele21 ments in the postsecondary student data 

22 system, such as those described in clause 

23 (ii), if those data elements— 

24 ‘‘(I) are necessary to ensure that 

25 the postsecondary data system fulfills 

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1 the purposes described in paragraph 

2 (1)(A); and 

3 ‘‘(II) are consistent with data 

4 minimization principles, including the 

5 collection of only those additional ele6 ments that are necessary to ensure 

7 such purposes. 

8 ‘‘(ii) DATA ELEMENTS.—The data ele9 ments described in clause (i) may in10 clude— 

11 ‘‘(I) status as a first generation 

12 college student (as defined in section 

13 402A(h)); 

14 ‘‘(II) economic status; 

15 ‘‘(III) participation in postsec16 ondary remedial coursework or gate17 way course completion; or 

18 ‘‘(IV) other data elements that 

19 are necessary in accordance with 

20 clause (i). 

21 ‘‘(E) REEVALUATION.—Not less than once 

22 every 3 years after the implementation of the 

23 postsecondary student data system described in 

24 this subsection, the Commissioner, in consulta25 tion with the Advisory Committee described in 

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1 subparagraph (B), shall review the data ele2 ments included in the postsecondary student 

3 data system and may revise the data elements 

4 to be included in such system. 

5 ‘‘(F) PROHIBITIONS.—The Commissioner 

6 shall not include individual health data (includ7 ing data relating to physical health or mental 

8 health), student discipline records or data, ele9 mentary and secondary education data, an 

10 exact address, citizenship status, migrant sta11 tus, or national origin status for students or 

12 their families, course grades, postsecondary en13 trance examination results, political affiliation, 

14 or religion in the postsecondary student data 

15 system under this subsection. 

16 ‘‘(3) PERIODIC MATCHING WITH OTHER FED17 ERAL DATA SYSTEMS.— 

18 ‘‘(A) DATA SHARING AGREEMENTS.— 

19 ‘‘(i) The Commissioner shall ensure 

20 secure, periodic data matches by entering 

21 into data sharing agreements with each of 

22 the following Federal agencies and offices: 

23 ‘‘(I) The Secretary of the Treas24 ury and the Commissioner of the In25 ternal Revenue Service, in order to 

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1 calculate aggregate program- and in2 stitution-level earnings of postsec3 ondary students. 

4 ‘‘(II) The Secretary of Defense, 

5 in order to assess the use of postsec6 ondary educational benefits and the 

7 outcomes of servicemembers. 

8 ‘‘(III) The Secretary of Veterans 

9 Affairs, in order to assess the use of 

10 postsecondary educational benefits 

11 and outcomes of veterans. 

12 ‘‘(IV) The Director of the Bu13 reau of the Census, in order to assess 

14 the occupational and earnings out15 comes of former postsecondary edu16 cation students. 

17 ‘‘(V) The Chief Operating Officer 

18 of the Office of Federal Student Aid, 

19 in order to analyze the use of postsec20 ondary educational benefits provided 

21 under this Act. 

22 ‘‘(ii) The heads of Federal agencies 

23 and offices described under clause (i) shall 

24 enter into data sharing agreements with 

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1 odic data matches as described in this 

2 paragraph. 

3 ‘‘(B) CATEGORIES OF DATA.—The Com4 missioner shall, at a minimum, seek to ensure 

5 that the secure periodic data system matches 

6 described in subparagraph (A) permit con7 sistent reporting of the following categories of 

8 data for all postsecondary students: 

9 ‘‘(i) Enrollment, retention, transfer, 

10 and completion outcomes for all postsec11 ondary students. 

12 ‘‘(ii) Financial indicators for postsec13 ondary students receiving Federal grants 

14 and loans, including grant and loan aid by 

15 source, cumulative student debt, loan re16 payment status, and repayment plan. 

17 ‘‘(iii) Post-completion outcomes for all 

18 postsecondary students, including earnings, 

19 employment, and further education, by 

20 program of study and credential level and 

21 as measured— 

22 ‘‘(I) immediately after leaving 

23 postsecondary education; and 

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1 ‘‘(II) at time intervals appro2 priate to the credential sought and 

3 earned. 

4 ‘‘(C) PERIODIC DATA MATCH STREAM5 LINING AND CONFIDENTIALITY.— 

6 ‘‘(i) STREAMLINING.—In carrying out 

7 the secure periodic data system matches 

8 under this paragraph, the Commissioner 

9 shall— 

10 ‘‘(I) ensure that such matches 

11 are not continuous, but occur at ap12 propriate intervals, as determined by 

13 the Commissioner; and 

14 ‘‘(II) seek to— 

15 ‘‘(aa) streamline the data 

16 collection and reporting require17 ments for institutions of higher 

18 education; 

19 ‘‘(bb) minimize duplicative 

20 reporting across or within Fed21 eral agencies or departments, in22 cluding reporting requirements 

23 applicable to institutions of high24 er education under the Workforce 

25 Innovation and Opportunity Act 

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1 (29 U.S.C. 3101 et seq.) and the 

2 Carl D. Perkins Career and 

3 Technical Education Act of 2006; 

4 ‘‘(cc) protect student pri5 vacy; and 

6 ‘‘(dd) streamline the applica7 tion process for student loan ben8 efit programs available to bor9 rowers based on data available 

10 from different Federal data sys11 tems. 

12 ‘‘(ii) REVIEW.—Not less often than 

13 once every 3 years after the establishment 

14 of the postsecondary student data system 

15 under this subsection, the Commissioner, 

16 in consultation with the Advisory Com17 mittee, shall review methods for stream18 lining data collection from institutions of 

19 higher education and minimizing duplica20 tive reporting within the Department and 

21 across Federal agencies that provide data 

22 for the postsecondary student data system. 

23 ‘‘(iii) CONFIDENTIALITY.—The Com24 missioner shall ensure that any periodic 

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1 odic data system matches established in 

2 accordance with this paragraph— 

3 ‘‘(I) complies with the security 

4 and privacy protections described in 

5 paragraph (1)(C)(iv) and other Fed6 eral data protection protocols; 

7 ‘‘(II) follows industry best prac8 tices commensurate with the sensi9 tivity of specific data elements or 

10 metrics; 

11 ‘‘(III) does not result in the cre12 ation of a single standing, linked Fed13 eral database at the Department that 

14 maintains the information reported 

15 across other Federal agencies; and 

16 ‘‘(IV) discloses to postsecondary 

17 students what data are included in the 

18 data system and periodically matched 

19 and how the data are used. 

20 ‘‘(iv) CORRECTION.—The Commis21 sioner, in consultation with the Advisory 

22 Committee, shall establish a process for 

23 students to request access to only their 

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1 ner that protects the student’s personally 

2 identifiable information. The Commissioner 

3 shall respond in writing to every request 

4 for a correction from a student. 

5 ‘‘(4) PUBLICLY AVAILABLE INFORMATION.— 

6 ‘‘(A) IN GENERAL.—The Commissioner 

7 shall make the summary aggregate information 

8 described in subparagraph (C), at a minimum, 

9 publicly available through a user-friendly con10 sumer information website and analytic tool 

11 that— 

12 ‘‘(i) provides appropriate mechanisms 

13 for users to customize and filter informa14 tion by institutional and student character15 istics; 

16 ‘‘(ii) allows users to build summary 

17 aggregate reports of information, including 

18 reports that allow comparisons across mul19 tiple institutions and programs, subject to 

20 subparagraph (B); 

21 ‘‘(iii) uses appropriate statistical dis22 closure limitation techniques necessary to 

23 ensure that the data released to the public 

24 cannot be used to identify specific individ25 uals; and 

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1 ‘‘(iv) provides users with appropriate 

2 contextual factors to make comparisons, 

3 which may include national median figures 

4 of the summary aggregate information de5 scribed in subparagraph (C). 

6 ‘‘(B) NO PERSONALLY IDENTIFIABLE IN7 FORMATION AVAILABLE.—The summary aggre8 gate information described in this paragraph 

9 shall not include personally identifiable informa10 tion. 

11 ‘‘(C) SUMMARY AGGREGATE INFORMATION

12 AVAILABLE.—The summary aggregate informa13 tion described in this paragraph shall, at a min14 imum, include each of the following for each in15 stitution of higher education: 

16 ‘‘(i) Measures of student access, in17 cluding— 

18 ‘‘(I) admissions selectivity and 

19 yield; and 

20 ‘‘(II) enrollment, disaggregated 

21 by each category described in para22 graph (2)(C)(ii). 

23 ‘‘(ii) Measures of student progression, 

24 including retention rates and persistence 

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1 rates, disaggregated by each category de2 scribed in paragraph (2)(C)(ii). 

3 ‘‘(iii) Measures of student completion, 

4 including— 

5 ‘‘(I) transfer rates and comple6 tion rates, disaggregated by each cat7 egory described in paragraph 

8 (2)(C)(ii); and 

9 ‘‘(II) number of completions, 

10 disaggregated by each category de11 scribed in paragraph (2)(C)(ii). 

12 ‘‘(iv) Measures of student costs, in13 cluding— 

14 ‘‘(I) tuition, required fees, total 

15 cost of attendance, and net price after 

16 total grant aid, disaggregated by in17 State tuition or in-district tuition sta18 tus (if applicable), program of study 

19 (if applicable), and credential level; 

20 and 

21 ‘‘(II) typical grant amounts and 

22 loan amounts received by students re23 ported separately from Federal, State, 

24 local, and institutional sources, and 

25 cumulative debt, disaggregated by 

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1 each category described in paragraph 

2 (2)(C)(ii) and completion status. 

3 ‘‘(v) Measures of postcollegiate stu4 dent outcomes, including employment 

5 rates, mean and median earnings, loan re6 payment and default rates, and further 

7 education rates. These measures shall— 

8 ‘‘(I) be disaggregated by each 

9 category described in paragraph 

10 (2)(C)(ii) and completion status; and 

11 ‘‘(II) be measured immediately 

12 after leaving postsecondary education 

13 and at time intervals appropriate to 

14 the credential sought or earned. 

15 ‘‘(D) DEVELOPMENT CRITERIA.—In devel16 oping the method and format of making the in17 formation described in this paragraph publicly 

18 available, the Commissioner shall— 

19 ‘‘(i) focus on the needs of the users of 

20 the information, which will include stu21 dents, families of students, potential stu22 dents, researchers, and other consumers of 

23 education data; 

24 ‘‘(ii) take into consideration, to the 

25 extent practicable, the guidelines described 

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1 in paragraph (1)(C)(ii)(I), and relevant 

2 successor documents or recommendations 

3 of such guidelines; 

4 ‘‘(iii) use modern, relevant technology 

5 and enhance and update the postsecondary 

6 student data system with information, as 

7 necessary to carry out the purpose of this 

8 paragraph; 

9 ‘‘(iv) ensure data privacy and security 

10 in accordance with standards and guide11 lines developed by the National Institute of 

12 Standards and Technology, and in accord13 ance with any other Federal law relating to 

14 privacy or security, including complying 

15 with the requirements of subchapter II of 

16 chapter 35 of title 44, United States Code, 

17 specifying security categorization under the 

18 Federal Information Processing Standards, 

19 and security requirements, and setting of 

20 National Institute of Standards and Tech21 nology security baseline controls at the ap22 propriate level; and 

23 ‘‘(v) conduct consumer testing to de24 termine how to make the information as 

25 meaningful to users as possible. 

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1 ‘‘(5) PERMISSIBLE DISCLOSURES OF DATA.— 

2 ‘‘(A) DATA REPORTS AND QUERIES.— 

3 ‘‘(i) IN GENERAL.—The Commissioner 

4 shall develop and implement a secure proc5 ess for making student-level, non-person6 ally identifiable information, with direct 

7 identifiers removed, from the postsec8 ondary student data system available for 

9 vetted research and evaluation purposes 

10 approved by the Commissioner in a man11 ner compatible with practices for disclosing 

12 National Center for Education Statistics 

13 restricted-use survey data as in effect on 

14 the day before the date of enactment of the 

15 College Affordability Act, or by applying 

16 other research and disclosure restrictions 

17 to ensure data privacy and security. Such 

18 process shall be approved by the National 

19 Center for Education Statistics’ Disclosure 

20 Review Board (or successor body). 

21 ‘‘(ii) PROVIDING DATA REPORTS AND

22 QUERIES TO INSTITUTIONS AND STATES.— 

23 ‘‘(I) IN GENERAL.—The Commis24 sioner shall provide feedback reports, 

25 at least annually, to each institution 

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1 of higher education, each postsec2 ondary education system that fully 

3 participates in the postsecondary stu4 dent data system, and each State 

5 higher education body as designated 

6 by the governor. 

7 ‘‘(II) FEEDBACK REPORTS.—The 

8 feedback reports provided under this 

9 clause shall include program-level and 

10 institution-level information from the 

11 postsecondary student data system re12 garding students who are associated 

13 with the institution or, for State rep14 resentatives, the institutions within 

15 that State, on or before the date of 

16 the report, on measures including stu17 dent mobility and workforce outcomes, 

18 provided that the feedback aggregate 

19 summary reports protect the privacy 

20 of individuals. 

21 ‘‘(III) DETERMINATION OF CON22 TENT.—The content of the feedback 

23 reports shall be determined by the 

24 Commissioner, in consultation with 

25 the Advisory Committee. 

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1 ‘‘(iii) PERMITTING STATE DATA QUE2 RIES.—The Commissioner shall, in con3 sultation with the Advisory Committee and 

4 as soon as practicable, create a process 

5 through which States may submit lists of 

6 secondary school graduates within the 

7 State to receive summary aggregate out8 comes for those students who enrolled at 

9 an institution of higher education, includ10 ing postsecondary enrollment and college 

11 completion, provided that those data pro12 tect the privacy of individuals and that the 

13 State data submitted to the Commissioner 

14 are not stored in the postsecondary edu15 cation system. 

16 ‘‘(iv) REGULATIONS.—The Commis17 sioner shall promulgate regulations to en18 sure fair, secure, and equitable access to 

19 data reports and queries under this para20 graph. 

21 ‘‘(B) DISCLOSURE LIMITATIONS.—In car22 rying out the public reporting and disclosure re23 quirements of this subsection, the Commis24 sioner shall use appropriate statistical disclo25 sure limitation techniques necessary to ensure 

62 

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1 that the data released to the public cannot in2 clude personally identifiable information or be 

3 used to identify specific individuals. 

4 ‘‘(C) SALE OF DATA PROHIBITED.—Data 

5 collected under this subsection, including the 

6 public-use data set and data comprising the 

7 summary aggregate information available under 

8 paragraph (4), shall not be sold to any third 

9 party by the Commissioner, including any insti10 tution of higher education or any other entity. 

11 ‘‘(D) LIMITATION ON USE BY OTHER FED12 ERAL AGENCIES.— 

13 ‘‘(i) IN GENERAL.—The Commissioner 

14 shall not allow any other Federal agency to 

15 use data collected under this subsection for 

16 any purpose except— 

17 ‘‘(I) for vetted research and eval18 uation conducted by the other Federal 

19 agency, as described in subparagraph 

20 (A)(i); or 

21 ‘‘(II) for a purpose explicitly au22 thorized by this subsection. 

23 ‘‘(ii) PROHIBITION ON LIMITATION OF

24 SERVICES.—The Secretary, or the head of 

25 any other Federal agency, shall not use 

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1 data collected under this subsection to 

2 limit services to students. 

3 ‘‘(E) LAW ENFORCEMENT.—Personally 

4 identifiable information collected under this 

5 subsection shall not be used for any Federal, 

6 State, or local law enforcement activity or any 

7 other activity that would result in adverse ac8 tion against any student or a student’s family, 

9 including debt collection activity or enforcement 

10 of immigration laws. 

11 ‘‘(F) LIMITATION OF USE FOR FEDERAL

12 RANKINGS OR SUMMATIVE RATING SYSTEM.— 

13 The comprehensive data collection and analysis 

14 necessary for the postsecondary student data 

15 system under this subsection shall not be used 

16 by the Secretary or any Federal entity to estab17 lish any Federal ranking system of institutions 

18 of higher education or a system that results in 

19 a summative Federal rating of institutions of 

20 higher education. 

21 ‘‘(G) RULE OF CONSTRUCTION.—Nothing 

22 in this paragraph shall be construed to prevent 

23 the use of individual categories of aggregate in24 formation to be used for accountability pur25 poses. 

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1 ‘‘(H) RULE OF CONSTRUCTION REGARDING

2 COMMERCIAL USE OF DATA.—Nothing in this 

3 paragraph shall be construed to prohibit third4 party entities from using publicly available in5 formation in this data system for commercial 

6 use. 

7 ‘‘(6) SUBMISSION OF DATA.— 

8 ‘‘(A) REQUIRED SUBMISSION.—Each insti9 tution of higher education participating in a 

10 program under title IV, or the assigned agent 

11 of such institution, shall, in accordance with 

12 section 487(a)(17), collect, and submit to the 

13 Commissioner, the data requested by the Com14 missioner to carry out this subsection. 

15 ‘‘(B) VOLUNTARY SUBMISSION.—Any post16 secondary institution not participating in a pro17 gram under title IV may voluntarily participate 

18 in the postsecondary student data system under 

19 this subsection by collecting and submitting 

20 data to the Commissioner, as the Commissioner 

21 may request to carry out this subsection. 

22 ‘‘(C) PERSONALLY IDENTIFIABLE INFOR23 MATION.—In accordance with paragraph 

24 (2)(C)(i), if the submission of an element of 

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1 graph (2)(F) (or otherwise prohibited by law), 

2 the institution of higher education shall submit 

3 that data to the Commissioner in the aggregate. 

4 ‘‘(7) UNLAWFUL WILLFUL DISCLOSURE.— 

5 ‘‘(A) IN GENERAL.—It shall be unlawful 

6 for any person who obtains or has access to 

7 personally identifiable information in connection 

8 with the postsecondary student data system de9 scribed in this subsection to willfully disclose to 

10 any person (except as authorized by Federal 

11 law) such personally identifiable information. 

12 ‘‘(B) PENALTY.—Any person who violates 

13 subparagraph (A) shall be subject to a penalty 

14 described under section 513 of the Confidential 

15 Information Protection and Statistical Effi16 ciency Act of 2002 (44 U.S.C. 3501 note) and 

17 section 183(d)(6) of the Education Sciences Re18 form Act of 2002 (20 U.S.C. 9573(d)(6)). 

19 ‘‘(C) EMPLOYEE OF OFFICER OF THE

20 UNITED STATES.—If a violation of subpara21 graph (A) is committed by any officer or em22 ployee of the United States, the officer or em23 ployee shall be dismissed from office or dis24 charged from employment upon conviction for 

25 the violation. 

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1 ‘‘(8) DATA SECURITY.—The Commissioner shall 

2 produce and update as needed guidance and regula3 tions relating to privacy, security, and access which 

4 shall govern the use and disclosure of data collected 

5 in connection with the activities authorized in this 

6 subsection. The guidance and regulations developed 

7 and reviewed shall protect data from unauthorized 

8 access, use, and disclosure, and shall include— 

9 ‘‘(A) an audit capability, including manda10 tory and regularly conducted audits; 

11 ‘‘(B) access controls; 

12 ‘‘(C) requirements to ensure sufficient data 

13 security, quality, validity, and reliability; 

14 ‘‘(D) student confidentiality protection in 

15 accordance with the Confidential Information 

16 Protection and Statistical Efficiency Act; 

17 ‘‘(E) appropriate and applicable privacy 

18 and security protection, including data retention 

19 and destruction protocols and data minimiza20 tion, in accordance with the most recent Fed21 eral standards developed by the National Insti22 tute of Standards and Technology; and 

23 ‘‘(F) protocols for managing a breach, in24 cluding breach notifications, in accordance with 

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1 the standards of National Center for Education 

2 Statistics. 

3 ‘‘(9) DATA COLLECTION.—The Commissioner 

4 shall ensure that data collection, maintenance, and 

5 use under this subsection complies with section 552a 

6 of title 5, United States Code. 

7 ‘‘(10) DEFINITIONS.—In this subsection: 

8 ‘‘(A) INSTITUTION OF HIGHER EDU9 CATION.—The term ‘institution of higher edu10 cation’ has the meaning given the term in sec11 tion 102. 

12 ‘‘(B) PERSONALLY IDENTIFIABLE INFOR13 MATION.—The term ‘personally identifiable in14 formation’ has the meaning given the term in 

15 section 444 of the General Education Provi16 sions Act (20 U.S.C. 1232g).’’. 

17 (b) EFFECTIVE DATE; TRANSITION PROVISIONS.— 

18 (1) EFFECTIVE DATE.—This section, and the 

19 amendments made by this section, shall take effect 

20 on the date that is 4 years after the date of enact21 ment of this section. 

22 (2) IN GENERAL.—The Secretary of Education 

23 and the Commissioner for Education Statistics shall 

24 take such steps as are necessary to ensure that the 

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1 ondary student data system required under section 

2 132(l) of the Higher Education Act of 1965, as 

3 added by this section, is carried out in a manner 

4 that reduces the reporting burden for entities that 

5 reported into the Integrated Postsecondary Edu6 cation Data System (IPEDS). 

7 SEC. 1023. AVOIDING DUPLICATIVE REPORTING. 

8 Section 132 of the Higher Education Act of 1965 (20 

9 U.S.C. 1015a), as amended by section 1022, is further 

10 amended by adding at the end the following: 

11 ‘‘(n) AVOIDING DUPLICATIVE REPORTING.—If the 

12 Secretary determines that the same reporting or collection 

13 of data that is required under subsection (l) is required 

14 by another reporting or collection of data requirement 

15 under this Act (other than under subsection (l)), the Sec16 retary may— 

17 ‘‘(1) use the data reported or collected under 

18 subsection (l); and 

19 ‘‘(2) waive the other reporting or collection of 

20 data requirement.’’. 

21 SEC. 1024. TEXTBOOK INFORMATION. 

22 Section 133 of the Higher Education Act of 1965 (20 

23 U.S.C. 1015b) is amended— 

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1 (1) in subsection (a), by striking ‘‘identify ways 

2 to decrease’’ and inserting ‘‘identify and adopt inno3 vative tools to decrease’’; 

4 (2) in subsection (b)(9)— 

5 (A) by striking ‘‘to accompany a’’ and in6 serting ‘‘to accompany or support a’’ in the 

7 matter preceding subparagraph (A); and 

8 (B) in subparagraph (A), by striking ‘‘ma9 terials, computer disks, website access’’ and in10 serting ‘‘materials, online and digital learning 

11 platforms and materials, website access’’; 

12 (3) in subsection (c)(1)(D)(i), by striking ‘‘pa13 perback, and unbound’’ and inserting ‘‘paperback, 

14 digital, and unbound’’; and 

15 (4) in subsection (f)— 

16 (A) in paragraph (1), by inserting ‘‘access17 ing lower-cost digital course materials and dig18 ital textbooks,’’ after ‘‘programs for’’; and 

19 (B) in paragraph (3), by inserting ‘‘, such 

20 as inclusive access programs, subscription mod21 els, or digital content distribution platforms’’ 

22 after ‘‘delivery programs’’. 

23 SEC. 1025. REPEALS. 

24 Sections 134 and 136 of the Higher Education Act 

25 of 1965 (20 U.S.C. 1015c) are repealed. 

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1 SEC. 1026. IN-STATE TUITION RATES FOR HOMELESS 

2 YOUTH AND FOSTER CARE YOUTH. 

3 Section 135 of the Higher Education Act of 1965 (20 

4 U.S.C. 1015d) is amended— 

5 (1) in the section heading, by inserting ‘‘, 

6 HOMELESS YOUTH, AND FOSTER CARE YOUTH’’ 

7 after ‘‘CHILDREN’’; 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘(a) REQUIREMENT.—In 

10 the case’’ and inserting the following: 

11 ‘‘(a) REQUIREMENT.— 

12 ‘‘(1) ARMED FORCES.—In the case’’; and 

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

14 ‘‘(2) HOMELESS YOUTH AND FOSTER CARE

15 YOUTH.—In the case of a homeless youth or a foster 

16 care youth, such State shall not charge such indi17 vidual tuition for attendance at a public institution 

18 of higher education in the State at a rate that is 

19 greater than the rate charged for residents of the 

20 State.’’; and 

21 (3) by striking subsections (c) and (d) and in22 serting the following: 

23 ‘‘(c) EFFECTIVE DATE.— 

24 ‘‘(1) ARMED FORCES.—With respect to an indi25 vidual described in subsection (a)(1), this section 

26 shall remain in effect as it was in effect on the day 

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1 before the date of enactment of the College Afford2 ability Act. 

3 ‘‘(2) HOMELESS YOUTH AND FOSTER CARE

4 YOUTH.—With respect to an individual described in 

5 subsection (a)(2), this section shall take effect at 

6 each public institution of higher education in a State 

7 that receives assistance under this Act for the first 

8 period of enrollment at such institution that begins 

9 during the first full award year following the date of 

10 enactment of the College Affordability Act. 

11 ‘‘(d) DEFINITIONS.—In this section: 

12 ‘‘(1) ARMED FORCES.—The terms ‘armed 

13 forces’ and ‘active duty for a period of more than 30 

14 days’ have the meanings given those terms in section 

15 101 of title 10, United States Code. 

16 ‘‘(2) HOMELESS YOUTH.—The term ‘homeless 

17 youth’ has the meaning given the term ‘homeless 

18 children and youths’ in section 725 of the McKin19 ney-Vento Homeless Assistance Act (42 U.S.C. 

20 11434a).’’. 

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1 PART D—ADMINISTRATIVE PROVISIONS FOR 

2 DELIVERY OF STUDENT FINANCIAL ASSISTANCE 

3 SEC. 1031. IMPROVEMENTS TO THE FEDERAL STUDENT AID 

4 OFFICE. 

5 Section 141 of the Higher Education Act of 1965 (20 

6 U.S.C. 1018) is amended— 

7 (1) in subsection (a), by amending paragraph 

8 (2) to read as follows: 

9 ‘‘(2) PURPOSES.—The purposes of the PBO are 

10 as follows: 

11 ‘‘(A) To prioritize students and borrowers 

12 in the decision-making processes related to all 

13 aspects of the management and administration 

14 of the Federal student financial assistance pro15 grams authorized under title IV. 

16 ‘‘(B) To improve service to students and 

17 other participants in the Federal student finan18 cial assistance programs authorized under title 

19 IV. 

20 ‘‘(C) To make such programs more under21 standable to students and their families. 

22 ‘‘(D) To increase the efficiency and effec23 tiveness of such programs for students and 

24 their families. 

25 ‘‘(E) To manage the costs of administering 

26 such programs. 

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1 ‘‘(F) To increase the accountability of the 

2 officials responsible for administering the oper3 ational aspects of such programs. 

4 ‘‘(G) To oversee institutions, contractors, 

5 and third party servicers that participate in the 

6 Federal student financial assistance programs 

7 authorized under title IV. 

8 ‘‘(H) To provide greater flexibility in the 

9 management and administration of such pro10 grams. 

11 ‘‘(I) To implement open, common, inte12 grated systems for the delivery of Federal stu13 dent financial assistance programs authorized 

14 under title IV. 

15 ‘‘(J) To develop and maintain a student fi16 nancial assistance system that contains com17 plete, accurate, and timely data to ensure pro18 gram integrity. 

19 ‘‘(K) To increase transparency in the oper20 ations and outcomes of Federal student finan21 cial assistance programs authorized under title 

22 IV.’’; 

23 (2) in subsection (b)— 

24 (A) in paragraph (1)— 

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1 (i) by redesignating subparagraphs 

2 (B) and (C) as subparagraphs (C) and 

3 (D), respectively; and 

4 (ii) by inserting after subparagraph 

5 (A) the following: 

6 ‘‘(B) implement oversight and account7 ability measures to ensure that the PBO carries 

8 out its duties under this section efficiently, ef9 fectively, and in a manner that accomplishes 

10 the purposes specified in subsection (a)(2);’’; 

11 (B) in paragraph (2)(A)— 

12 (i) by redesignating clauses (ii) 

13 through (vi) as clauses (iii) through (vii); 

14 (ii) by inserting after clause (i) the 

15 following: 

16 ‘‘(ii) in accordance with paragraph 

17 (3), the collection, publication, and sharing 

18 of aggregate and longitudinal data that 

19 may be used to evaluate Federal student 

20 financial assistance programs authorized 

21 under title IV, including the outcomes such 

22 programs achieve;’’; and 

23 (iii) in clause (vii), as so redesignated, 

24 by inserting ‘‘, including oversight of insti25 tutions, contractors, and third party 

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1 servicers that participate in such pro2 grams’’ after ‘‘title IV’’ ; 

3 (C) by redesignating paragraphs (3) 

4 through (6) as paragraphs (4) through (7), re5 spectively; and 

6 (D) by inserting after paragraph (2) the 

7 following: 

8 ‘‘(3) COLLECTION, SHARING, AND PUBLICATION

9 OF DATA.— 

10 ‘‘(A) COLLECTION.—The PBO shall collect 

11 student-level data that shall be used to evaluate 

12 Federal student financial assistance programs 

13 authorized under title IV. 

14 ‘‘(B) SHARING WITH NCES.—The PBO 

15 shall make the data collected under subpara16 graph (A) available to the Commissioner of the 

17 National Center for Education Statistics for 

18 purposes of research and policy analysis. 

19 ‘‘(C) RESEARCH.—The Commissioner of 

20 the National Center for Education Statistics 

21 shall ensure the data shared under subpara22 graph (B) is made available, with direct identi23 fiers removed and with appropriate restrictions 

24 to ensure data privacy and security, for vetted 

25 research and evaluation purposes in a manner 

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1 consistent with the process under section 

2 132(l)(5)(A)(i). 

3 ‘‘(D) PUBLICATION.— 

4 ‘‘(i) IN GENERAL.—Not less fre5 quently than once annually, and subject to 

6 clause (ii), the PBO shall make the data 

7 collected under subparagraph (A) available 

8 on a publicly accessible website of the De9 partment of Education in a format that 

10 enables members of the public to easily re11 trieve, sort, and analyze the data. 

12 ‘‘(ii) PRIVACY PROTECTIONS.—The 

13 data made available under clause (i) shall 

14 not include— 

15 ‘‘(I) student-level data; or 

16 ‘‘(II) any data that would reveal 

17 personally identifiable information 

18 about an individual student.’’. 

19 (3) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) PERFORMANCE PLAN, REPORT, AND BRIEF22 ING.— 

23 ‘‘(1) PERFORMANCE PLAN.— 

24 ‘‘(A) IN GENERAL.—Not later than one 

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1 lege Affordability Act, and not less than once 

2 every five years thereafter, the Secretary and 

3 Chief Operating Officer shall agree on a per4 formance plan for the PBO for the succeeding 

5 5 years that— 

6 ‘‘(i) establishes measurable quan7 titative and qualitative goals and objectives 

8 for the organization; and 

9 ‘‘(ii) aligns such goals and objectives 

10 with the purposes specified in subsection 

11 (a)(2). 

12 ‘‘(B) CONSULTATION.—In developing the 

13 five-year performance plan and any revision to 

14 the plan, the Secretary and the Chief Operating 

15 Officer shall consult with students, institutions, 

16 Congress, contractors, the Borrower Advocate, 

17 student aid experts, including consumer advo18 cacy and research groups, the Director of the 

19 Bureau of Consumer Financial Protection, 

20 State attorneys general, and other relevant par21 ties. 

22 ‘‘(C) REVISIONS.—The Secretary and 

23 Chief Operating Officer may annually update 

24 the plan under paragraph (1) to incorporate the 

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1 sultation required under subparagraph (B) that 

2 are accepted by the Secretary and the Chief 

3 Operating Officer. 

4 ‘‘(D) AREAS.—The plan developed under 

5 subparagraph (A) shall address the responsibil6 ities of the PBO in the following areas: 

7 ‘‘(i) Improving service to students and 

8 other participants in the Federal student 

9 financial assistance programs authorized 

10 under title IV, including making those pro11 grams more understandable and accessible 

12 to students and their families. 

13 ‘‘(ii) Managing the costs and increas14 ing the efficiency of such programs. 

15 ‘‘(iii) Improving, integrating, and in16 vesting in the systems that support such 

17 programs. 

18 ‘‘(iv) Developing open, common, and 

19 integrated systems for such programs. 

20 ‘‘(v) The collection, publication, and 

21 sharing of data on such programs as de22 scribed in subsection (b)(3). 

23 ‘‘(vi) Improving performance stand24 ards and outcomes with respect to institu25 tions, contractors, and third party servicers 

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1 that act as agents of the Department or as 

2 agents of institutions that participate in 

3 such programs. 

4 ‘‘(vii) Any other areas identified by 

5 the Secretary. 

6 ‘‘(E) PUBLIC AVAILABILITY.—Each plan 

7 developed under subparagraph (A) shall be 

8 made available on a publicly accessible website 

9 of the Department of Education. 

10 ‘‘(2) ANNUAL REPORT.— 

11 ‘‘(A) REPORT REQUIRED.—Not later than 

12 one year after the date of the enactment of the 

13 College Affordability Act and annually there14 after, the Secretary, acting through the Chief 

15 Operating Officer, shall submit to Congress an 

16 annual report on the performance of the PBO. 

17 ‘‘(B) CONTENTS.—The annual report shall 

18 include the following: 

19 ‘‘(i) An evaluation of the extent to 

20 which the PBO met the goals and objec21 tives contained in the five-year perform22 ance plan described in paragraph (1) for 

23 the preceding year. 

24 ‘‘(ii) A summary of the consultation 

25 process under paragraph (1)(B) for the 

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1 preceding year, including the recommenda2 tions that were accepted or denied by the 

3 Chief Operating Officer during such year, 

4 and the rationale for accepting or denying 

5 such recommendations. 

6 ‘‘(iii) An independent financial audit 

7 of the expenditures of both the PBO and 

8 the programs administered by the PBO. 

9 ‘‘(iv) A summary of the actions taken 

10 by the PBO to address— 

11 ‘‘(I) the findings of the audit de12 scribed in clause (iii); and 

13 ‘‘(II) consumer feedback. 

14 ‘‘(v) Financial and performance re15 quirements applicable to the PBO under— 

16 ‘‘(I) the Chief Financial Officers 

17 Act of 1990 (Public Law 101–576); 

18 or 

19 ‘‘(II) the Government Perform20 ance and Results Act of 1993 (Public 

21 Law 103–62). 

22 ‘‘(vi) The results achieved by the PBO 

23 during the preceding year and whether 

24 such results met the goals specified in the 

25 performance plan under paragraph (1). 

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1 ‘‘(vii) With respect to the preceding 

2 year, the evaluation rating of the perform3 ance of the Chief Operating Officer and 

4 senior managers under subsections (d)(5) 

5 and (e)(2), including the amounts of bonus 

6 compensation awarded to the Chief Oper7 ating Officer and senior managers. 

8 ‘‘(viii) Recommendations for legisla9 tive and regulatory changes to improve 

10 service to students and their families, and 

11 to improve the efficiency and integrity of 

12 Federal student financial assistance pro13 grams authorized under title IV. 

14 ‘‘(ix) Financial statements that pro15 vide a rationale for appropriately funding 

16 the activities of the PBO. 

17 ‘‘(x) A summary of the management 

18 and compliance of contractors managed by 

19 the PBO in the preceding year, including 

20 corrective actions taken by the PBO with 

21 respect to such contractors. 

22 ‘‘(xi) A description of how the PBO 

23 used the authority under paragraph (5) of 

24 subsection (b) for making personnel and 

25 procurement decisions in the preceding 

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1 year, including the number of individuals 

2 hired through such authority and the bo3 nuses provided to staff during such year. 

4 ‘‘(xii) A summary of the oversight ac5 tivities of institutions, contractors, and 

6 third party servicers that participate in the 

7 Federal student financial assistance pro8 grams authorized under title IV includ9 ing— 

10 ‘‘(I) fines levied on such institu11 tions, contractors, and third party 

12 servicers, disaggregated by entity; 

13 ‘‘(II) instances of fraud or mis14 representation by such institutions, 

15 contractors, or third party servicers; 

16 and 

17 ‘‘(III) violations of provisions in 

18 this Act by such institutions, contrac19 tors, or third party servicers 

20 disaggregated by entity and type of 

21 violation. 

22 ‘‘(xiii) A summary of any improve23 ments made with respect to transparency 

24 and any new types of data made available 

25 in the preceding year. 

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1 ‘‘(xiv) A description of the progress 

2 made in the preceding year towards the 

3 specific measurable organization and indi4 vidual goals specified in subsection 

5 (d)(5)(A). 

6 ‘‘(xv) The report submitted to the 

7 Secretary under subsection (f)(7). 

8 ‘‘(xvi) Other such information as the 

9 Director of the Office of Management and 

10 Budget shall prescribe for performance 

11 based organizations. 

12 ‘‘(3) CONSULTATION WITH STAKEHOLDERS.— 

13 The Chief Operating Officer, in preparing the an14 nual report described in paragraph (2), shall estab15 lish appropriate means to consult with students, bor16 rowers, institutions, student aid experts, including 

17 consumer advocacy and research groups, the Direc18 tor of the Bureau of Consumer Financial Protection, 

19 and others involved in the delivery and evaluation of 

20 student aid under title IV— 

21 ‘‘(A) regarding the degree of satisfaction 

22 with the delivery system; and 

23 ‘‘(B) to seek suggestions on means to im24 prove the performance of the delivery system. 

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1 ‘‘(4) BRIEFING ON ENFORCEMENT OF PROGRAM

2 INTEGRITY.—The Secretary shall, at the request of 

3 the authorizing committees, provide to the author4 izing committees a briefing on the steps the Depart5 ment of Education has taken to ensure— 

6 ‘‘(A) the experiences of students and bor7 rowers are accounted for in decision making; 

8 and 

9 ‘‘(B) that contractors, lenders, and guar10 anty agencies and third party servicers are ad11 hering to the requirements of title IV, the terms 

12 of any contract with the Secretary, consumer 

13 protection laws, Federal regulations and guide14 lines, and directives of the PBO. 

15 ‘‘(5) COORDINATION WITH THE DIRECTOR OF

16 THE BUREAU OF CONSUMER FINANCIAL PROTEC17 TION.—Not later than 180 days after the date of the 

18 enactment of the College Affordability Act, the Sec19 retary shall enter into a memorandum of under20 standing with the Private Education Loan Ombuds21 man in accordance with section 1035(c)(2) of the 

22 Dodd-Frank Wall Street Reform and Consumer Pro23 tection Act (12 U.S.C. 5535(c)(2)).’’. 

24 (4) in subsection (d)— 

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1 (A) in paragraph (1), by striking ‘‘manage2 ment ability’’ and all that follows through the 

3 period at the end and inserting ‘‘management 

4 ability, including contractor management, ex5 pertise in the Federal student financial assist6 ance programs authorized under title IV, expe7 rience with financial systems, and knowledge of 

8 consumer financial protection laws, and without 

9 regard to political affiliation or activity.’’; 

10 (B) by redesignating paragraphs (2) 

11 through (5) as paragraphs (3) through (6); 

12 (C) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) RESTRICTIONS.— 

15 ‘‘(A) PRESERVICE AND IN-SERVICE RE16 STRICTIONS.—An individual may not serve as 

17 the Chief Operating Officer if such individual— 

18 ‘‘(i) is employed by, or has a financial 

19 interest in, an entity that contracts with 

20 the PBO; or 

21 ‘‘(ii) was employed by, or had a finan22 cial interest in, any such entity in any of 

23 the five years preceding the date of the in24 dividual’s appointment as the Chief Oper25 ating Officer. 

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1 ‘‘(B) POSTSERVICE RESTRICTIONS.—An 

2 individual who served as the Chief Operating 

3 Officer may not accept employment with an en4 tity that contracts with the PBO until a period 

5 of five years has elapsed following the date on 

6 which such individual’s service as the Chief Op7 erating Officer terminated.’’; 

8 (D) in paragraph (5), as so redesignated— 

9 (i) in subparagraph (A)— 

10 (I) by inserting ‘‘specific’’ before 

11 ‘‘measurable’’; and 

12 (II) by inserting ‘‘and metrics 

13 used to measure progress toward such 

14 goals’’ before the period; and 

15 (ii) in subparagraph (B), by inserting 

16 ‘‘on the website of the Department’’ before 

17 the period; and 

18 (E) in paragraph (6), as so redesignated, 

19 by amending subparagraph (B) to read as fol20 lows: 

21 ‘‘(B) BONUS AUTHORIZED.—The Secretary 

22 may pay to the Chief Operating Officer a bonus 

23 in an amount that does not exceed 50 percent 

24 of such annual rate of basic pay. The decision 

25 to pay such a bonus, and the amount of the 

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1 bonus, shall be based solely on the Secretary’s 

2 evaluation of the performance of the Chief Op3 erating Officer with respect to the goals set 

4 forth in the performance agreement as de5 scribed in paragraph (5)(A).’’; 

6 (5) in subsection (e)(2), by striking ‘‘organiza7 tion and individual goals’’ and inserting ‘‘specific, 

8 measurable organization and individual goals and 

9 the metrics used to measure progress toward such 

10 goals. Performance agreements for senior manage11 ment responsible for procurement shall include 

12 metrics that measure ability to oversee contractors.’’; 

13 (6) by amending subsection (f) to read as fol14 lows: 

15 ‘‘(f) BORROWER ADVOCATE.— 

16 ‘‘(1) IN GENERAL.—There is established in the 

17 PBO an ‘Office of the Borrower Advocate’ (referred 

18 to in this subsection as the ‘Office’). The function of 

19 the Office shall be to provide timely assistance to 

20 borrowers of loans made, insured, or guaranteed 

21 under title IV by performing the duties described in 

22 paragraph (6). 

23 ‘‘(2) HEAD OF OFFICE.—There shall be an offi24 cial known as the ‘Borrower Advocate’ who shall 

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1 cate shall be appointed by the Secretary from among 

2 individuals who have worked closely with the Federal 

3 student loan programs authorized under title IV. 

4 ‘‘(3) REMOVAL.—The Borrower Advocate may 

5 be removed only by the Secretary who shall commu6 nicate the reasons for any such removal to the au7 thorizing committees. 

8 ‘‘(4) RESTRICTIONS.— 

9 ‘‘(A) PRESERVICE AND IN-SERVICE RE10 STRICTIONS.—An individual may not serve as 

11 the Borrower Advocate if such individual— 

12 ‘‘(i) is employed by, or has a financial 

13 interest in, an entity that contracts with 

14 the PBO; or 

15 ‘‘(ii) was employed by, or had a finan16 cial interest in, any such entity in any of 

17 the five years preceding the date of the in18 dividual’s appointment as the Borrower 

19 Advocate. 

20 ‘‘(B) POSTSERVICE RESTRICTIONS.—An 

21 individual who served as the Borrower Advocate 

22 may not accept employment with an entity that 

23 contracts with the PBO until a period of five 

24 years has elapsed following the date on which 

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1 such individual’s service as the Borrower Advo2 cate terminated. 

3 ‘‘(5) STAFF.—The Office shall be staffed suffi4 ciently to carry out the responsibilities of the Office 

5 under this subsection. 

6 ‘‘(6) DUTIES OF THE BORROWER ADVOCATE.— 

7 The Office of the Borrower Advocate shall— 

8 ‘‘(A) assist borrowers of loans made, in9 sured, or guaranteed under title IV in resolving 

10 problems with the PBO and its contractors or 

11 other agents, including by— 

12 ‘‘(i) receiving and reviewing com13 plaints of such problems from borrowers; 

14 ‘‘(ii) working to resolve such com15 plaints in a manner that is in the best in16 terests of borrowers; and 

17 ‘‘(iii) transmitting such complaints to 

18 States and recognized accrediting agencies 

19 or associations, as appropriate. 

20 ‘‘(B) attempt to resolve complaints within 

21 the Department of Education and with institu22 tions of higher education, lenders, guaranty 

23 agencies, loan servicers, and other participants 

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1 ized under title IV in a manner that will im2 prove the experience of the borrower; 

3 ‘‘(C) conduct impartial reviews regarding a 

4 student’s independence under subparagraph (B) 

5 or (H) of section 480(d)(1), in consultation 

6 with knowledgeable parties, including institu7 tions of higher education, child welfare agen8 cies, local educational agency liaisons for home9 less individuals designated under section 

10 722(g)(1)(J)(ii) of the McKinney-Vento Home11 less Assistance Act (42 U.S.C. 

12 11432(g)(1)(J)(ii)), or State Coordinators for 

13 Education of Homeless Children and Youth es14 tablished in accordance with section 722 of 

15 such Act (42 U.S.C. 11432); 

16 ‘‘(D) compile and analyze data on bor17 rower complaints and share such data with the 

18 Director of the Bureau of Consumer Financial 

19 Protection; 

20 ‘‘(E) publish, with any personally identifi21 able information redacted, such complaints and 

22 responses of the Secretary to such complaints 

23 on the website of the Department; and 

24 ‘‘(F) make appropriate recommendations 

25 to Congress, the Chief Operating Officer, and 

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1 Secretary with respect to Federal student loan 

2 programs authorized under title IV and the ex3 periences of borrowers in repayment of loans 

4 under such programs. 

5 ‘‘(7) PUBLIC INFORMATION.—The Chief Oper6 ating Officer shall establish and maintain a public 

7 page on the website of the Department of Education 

8 exclusively to provide members of the public with in9 formation about the role of the PBO with respect to 

10 the oversight of institutions of higher education, 

11 lenders, guaranty agencies, contractors that contract 

12 with the PBO, subcontractors of such contractors, 

13 and third party servicers. 

14 ‘‘(8) REPORT.—On an annual basis, the Bor15 rower Advocate shall submit to the Chief Operating 

16 Officer a report on the activities of the Office during 

17 the preceding year that— 

18 ‘‘(A) identifies the activities carried out by 

19 the Borrower Advocate; 

20 ‘‘(B) summarizes the complaints received 

21 from borrowers, including the number of such 

22 complaints, and explains the activities under23 taken by the PBO to address such complaints; 

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1 ‘‘(C) proposes changes in the administra2 tive practices of the PBO to mitigate problems 

3 experienced by borrowers; and 

4 ‘‘(D) identifies potential legislative changes 

5 which may be appropriate to mitigate such 

6 problems.’’; 

7 (7) by redesignating subsection (i) as subsection 

8 (k); and 

9 (8) by inserting after subsection (h) the fol10 lowing: 

11 ‘‘(i) ENFORCEMENT UNIT.— 

12 ‘‘(1) IN GENERAL.—Not later than 180 days 

13 after the date of enactment of the College Afford14 ability Act, the Secretary shall establish within the 

15 PBO an enforcement unit (referred to in this section 

16 as the ‘Unit’) to review and investigate violations of 

17 this Act and recommend enforcement actions in ac18 cordance with paragraph (3). 

19 ‘‘(2) CHIEF ENFORCEMENT OFFICER.— 

20 ‘‘(A) APPOINTMENT.—The Secretary shall 

21 appoint an official to be known as the ‘Chief 

22 Enforcement Officer’ who shall serve as the 

23 head of the Unit. The Secretary shall appoint 

24 an individual to serve as the Chief Enforcement 

25 Officer solely on the basis of such individual’s 

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1 integrity and expertise in law and investigations 

2 and without regard to such individual’s political 

3 affiliation. 

4 ‘‘(B) AUTHORITY.—The Chief Enforce5 ment Officer shall report directly to the Sec6 retary without being required to report through 

7 any other official of the Department of Edu8 cation. 

9 ‘‘(C) TERM.—The Chief Enforcement Offi10 cer shall be appointed for a term of 6 years and 

11 may be reappointed for additional terms of 6 

12 years at the discretion of the Secretary. 

13 ‘‘(D) REMOVAL.— 

14 ‘‘(i) IN GENERAL.—The Chief En15 forcement Officer may not be removed dur16 ing the Officer’s term except for cause. 

17 ‘‘(ii) NOTICE TO CONGRESS.—If the 

18 Secretary removes the Chief Enforcement 

19 Officer before the expiration of the Offi20 cer’s term, the Secretary shall submit to 

21 the authorizing committees a report that 

22 explains the reasons for such removal. The 

23 report shall be submitted to the author24 izing committees not later than 30 days 

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1 after the date on which the removal takes 

2 effect. 

3 ‘‘(3) DUTIES.—The Chief Enforcement Officer 

4 shall have the following duties: 

5 ‘‘(A) Receive, process, and analyze allega6 tions that a covered entity has violated Federal 

7 law or has engaged in unfair, deceptive, or abu8 sive practices. 

9 ‘‘(B) Review and investigate such allega10 tions or refer such allegations to an entity de11 scribed in subparagraphs (A) through (E) of 

12 paragraph (6). 

13 ‘‘(C) After reviewing and investigating an 

14 allegation under subparagraph (B), in consulta15 tion with the Chief Operating Officer— 

16 ‘‘(i) if the covered entity subject to 

17 such allegation is an entity described in 

18 clause (i) or (iii) of paragraph (8)(A), 

19 make recommendations with respect to 

20 such covered entity, including— 

21 ‘‘(I) whether such covered entity 

22 should be limited, suspended, or ter23 minated from participation in one or 

24 more programs under title IV; 

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1 ‘‘(II) whether such covered entity 

2 should be subject to an emergency ac3 tion under section 487(c)(1)(G); 

4 ‘‘(III) whether such covered enti5 ty should be subject to a civil penalty 

6 described in section 487(c)(3)(B); 

7 ‘‘(IV) whether such covered enti8 ty should be subject to a criminal pen9 alty described in section 490; or 

10 ‘‘(V) whether such covered entity 

11 should be subject to a combination of 

12 any of the actions described in sub13 clauses (I) though (IV); 

14 ‘‘(ii) if the covered entity subject to 

15 such allegation is an entity described in 

16 clause (ii) of paragraph (8)(A), make rec17 ommendations with respect to such covered 

18 entity, including whether such covered en19 tity should be limited, suspended, or termi20 nated from administering or providing 

21 services with respect to one or more pro22 grams under title IV; and 

23 ‘‘(iii) provide the Secretary with such 

24 recommendations. 

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1 ‘‘(4) SECRETARIAL REVIEW AND ACTION.— 

2 After receiving notice of a determination of the Chief 

3 Enforcement Officer under paragraph (3)(C), the 

4 Secretary shall decide whether or not to pursue en5 forcement action against the entity concerned, in ac6 cordance with the procedures established under sec7 tion 487(c)(3). In a case in which the Chief Enforce8 ment Officer recommends enforcement action 

9 against an entity, but the Secretary decides not to 

10 pursue such enforcement action, the Secretary shall 

11 notify the Chief Enforcement Officer, in writing, of 

12 the rationale for such decision. 

13 ‘‘(5) COORDINATION AND STAFFING.—The 

14 Chief Enforcement Officer shall— 

15 ‘‘(A) coordinate with relevant Federal and 

16 State agencies and oversight bodies; and 

17 ‘‘(B) hire staff with the expertise necessary 

18 to conduct investigations, respond to allegations 

19 against covered entities, and enforce compliance 

20 with laws governing Federal student financial 

21 assistance programs under title IV. 

22 ‘‘(6) INFORMATION SHARING.—The Chief En23 forcement Officer shall develop and implement a 

24 process for sharing relevant information about alle25 gations against covered entities with— 

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1 ‘‘(A) the Borrower Advocate appointed 

2 under subsection (f); 

3 ‘‘(B) personnel of the Department respon4 sible for processing borrower defense claims 

5 submitted under section 493H; 

6 ‘‘(C) other relevant Federal agencies; 

7 ‘‘(D) States, including State law enforce8 ment and regulatory agencies; and 

9 ‘‘(E) recognized accrediting agencies or as10 sociations. 

11 ‘‘(7) REPORT TO CONGRESS.—On an annual 

12 basis, the Chief Enforcement Officer shall submit to 

13 the authorizing committees a report that includes— 

14 ‘‘(A) the number of allegations about cov15 ered entities received by Unit in the year cov16 ered by the report; 

17 ‘‘(B) the number of such allegations inves18 tigated by the Unit; 

19 ‘‘(C) the number of such allegations that 

20 were referred to the Secretary under paragraph 

21 (3)(C) and a summary of any action taken by 

22 the Secretary with respect to such allegations; 

23 ‘‘(D) the number of such allegations that 

24 were referred to other Federal agencies and the 

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1 names of the agencies to which the allegations 

2 were referred; and 

3 ‘‘(E) the number of such allegations that 

4 remain under review or investigation as of the 

5 date of the report. 

6 ‘‘(8) DEFINITIONS.—In this subsection: 

7 ‘‘(A) COVERED ENTITY.—In this sub8 section, the term ‘covered entity’ means— 

9 ‘‘(i) an institution of higher education 

10 (as defined in section 102) that partici11 pates in the Federal student financial as12 sistance programs authorized under title 

13 IV; 

14 ‘‘(ii) a contractor that contracts with 

15 the PBO to provide services relating to 

16 such programs, or a subcontractor of such 

17 contractor; or 

18 ‘‘(iii) a third party servicer. 

19 ‘‘(B) THIRD PARTY SERVICER.—the term 

20 ‘third party servicer’ has the meaning given 

21 that term in section 481(c).’’. 

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1 TITLE II—TEACHER QUALITY 

2 ENHANCEMENT 

3 PART A—TEACHER AND SCHOOL LEADER 

4 QUALITY PARTNERSHIP GRANTS 

5 SEC. 2001. DEFINITIONS. 

6 Section 200 of the Higher Education Act of 1965 (20 

7 U.S.C. 1021) is amended to read as follows: 

8 ‘‘SEC. 200. DEFINITIONS. 

9 ‘‘Except as otherwise provided, in this title: 

10 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 

11 sciences’ means— 

12 ‘‘(A) when referring to an organizational 

13 unit of an institution of higher education, any 

14 academic unit that offers one or more academic 

15 majors in disciplines or content areas cor16 responding to the academic subject matter 

17 areas in which teachers provide instruction; and 

18 ‘‘(B) when referring to a specific academic 

19 subject area, the disciplines or content areas in 

20 which academic majors are offered by the arts 

21 and sciences organizational unit. 

22 ‘‘(2) BLENDED LEARNING.—The term ‘blended 

23 learning’ has the meaning given the term in section 

24 4102 of the Elementary and Secondary Education 

25 Act of 1965 (20 U.S.C. 7112). 

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1 ‘‘(3) CHILDREN FROM LOW-INCOME FAMI2 LIES.—The term ‘children from low-income families’ 

3 means children described in section 1124(c)(1)(A) of 

4 the Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 6333(c)(1)(A)). 

6 ‘‘(4) COMPREHENSIVE LITERACY INSTRUC7 TION.—The term ‘comprehensive literacy instruc8 tion’ has the meaning given the term in section 

9 2221(b)(1) of the Elementary and Secondary Edu10 cation Act of 1965 (20 U.S.C. 6641(b)(1)). 

11 ‘‘(5) DIGITAL LEARNING.—The term ‘digital 

12 learning’ has the meaning given the term in section 

13 4102 of the Elementary and Secondary Education 

14 Act of 1965 (20 U.S.C. 7112). 

15 ‘‘(6) DIVERSE TEACHER CANDIDATES.—The 

16 term ‘diverse teacher candidates’ means teacher can17 didates who are— 

18 ‘‘(A) members of racial and ethnic groups 

19 underrepresented in the teaching profession; or 

20 ‘‘(B) linguistically and culturally prepared 

21 to educate students in high-need schools. 

22 ‘‘(7) EARLY CHILDHOOD EDUCATOR.—The 

23 term ‘early childhood educator’ means an individual 

24 with primary responsibility for the education of chil25 dren in an early childhood education program. 

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1 ‘‘(8) EDUCATIONAL SERVICE AGENCY.—The 

2 term ‘educational service agency’ has the meaning 

3 given the term in section 8101 of the Elementary 

4 and Secondary Education Act of 1965 (20 U.S.C. 

5 7801). 

6 ‘‘(9) EDUCATOR.—The term ‘educator’ means a 

7 teacher, principal or other school leader, specialized 

8 instructional support personnel, or other staff mem9 ber who provides or directly supports instruction, 

10 such as a school librarian, counselor, or paraprofes11 sional. 

12 ‘‘(10) ELIGIBLE PARTNERSHIP.—The term ‘eli13 gible partnership’ means an entity— 

14 ‘‘(A) that— 

15 ‘‘(i) shall include— 

16 ‘‘(I) a high-need local educational 

17 agency; 

18 ‘‘(II)(aa) a high-need school or a 

19 consortium of high-need schools 

20 served by such high-need local edu21 cational agency; or 

22 ‘‘(bb) as applicable, a high-need 

23 early childhood education program; 

24 ‘‘(III) a partner institution; 

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1 ‘‘(IV) a school, department, or 

2 program of education within such 

3 partner institution, which may include 

4 an existing teacher professional devel5 opment program with proven out6 comes within a four-year institution of 

7 higher education that provides inten8 sive and sustained collaboration be9 tween faculty and local educational 

10 agencies consistent with the require11 ments of this title; and 

12 ‘‘(V) a school or department of 

13 arts and sciences within such partner 

14 institution; or 

15 ‘‘(ii) shall include— 

16 ‘‘(I)(aa) a partner education in17 stitution; 

18 ‘‘(bb) a school, department, or 

19 program of education within such 

20 partner institution, which may include 

21 an existing teacher professional devel22 opment program with proven out23 comes within a four-year institution of 

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1 tween faculty and local educational 

2 agencies consistent with the require3 ments of this title; or 

4 ‘‘(cc) a school or department of 

5 arts and sciences within such partner 

6 institution; and 

7 ‘‘(II) a State educational agency 

8 that will serve to place graduates of 

9 partnership programs into high-need 

10 local educational agencies, schools, or 

11 early childhood programs, or schools 

12 that have been identified for com13 prehensive support and improvement 

14 under section 1111(d)(2) of the Ele15 mentary and Secondary Education 

16 Act of 1965 (20 U.S.C. 6311(d)(2)); 

17 and 

18 ‘‘(B) that may include any of the following: 

19 ‘‘(i) The Governor of the State. 

20 ‘‘(ii) The State educational agency. 

21 ‘‘(iii) The State board of education. 

22 ‘‘(iv) The State agency for higher edu23 cation. 

24 ‘‘(v) A public or private nonprofit edu25 cational organization. 

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1 ‘‘(vi) An educational service agency. 

2 ‘‘(vii) A public school teacher, prin3 cipal, or school leader organization. 

4 ‘‘(viii) A high-performing local edu5 cational agency, or a consortium of such 

6 local educational agencies, that can serve 

7 as a resource to the partnership. 

8 ‘‘(ix) A charter school (as defined in 

9 section 4310 of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 7221i)). 

12 ‘‘(x) A school or department within 

13 the partner institution that focuses on psy14 chology and human development. 

15 ‘‘(xi) A school or department within 

16 the partner institution for teacher or 

17 school leader preparation with comparable 

18 expertise in the disciplines of teaching, 

19 learning, and child and adolescent develop20 ment. 

21 ‘‘(xii) An entity operating a program 

22 that provides alternative routes to State 

23 certification of teachers or principals. 

24 ‘‘(11) ENGLISH LEARNER.—The term ‘English 

25 learner’ has the meaning given the term in section 

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1 8101 of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7801). 

3 ‘‘(12) EVIDENCE-BASED.—The term ‘evidence4 based’ has the meaning given the term in subclauses 

5 (I) and (II) of section 8101(21)(A)(i) of the Elemen6 tary and Secondary Education Act of 1965 (20 

7 U.S.C. 7801(21)(A)). 

8 ‘‘(13) EVIDENCE OF STUDENT LEARNING.—The 

9 term ‘evidence of student learning’ means multiple 

10 measures of student learning that include the fol11 lowing: 

12 ‘‘(A) Valid and reliable student assessment 

13 data, which may include data— 

14 ‘‘(i) on student learning gains on 

15 statewide academic assessments under sec16 tion 1111(b)(2) of the Elementary and 

17 Secondary Education Act of 1965; 

18 ‘‘(ii) from student academic achieve19 ment assessments used at the national, 

20 State, or local levels, where available and 

21 appropriate for the curriculum and stu22 dents taught; 

23 ‘‘(iii) from classroom-based summative 

24 assessments; and 

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1 ‘‘(iv) from high quality validated per2 formance-based assessments that are 

3 aligned with challenging State academic 

4 standards adopted under section 

5 1111(b)(1) of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 

7 6311(b)(1)). 

8 ‘‘(B) Not less than one of the following ad9 ditional measures: 

10 ‘‘(i) Student work, including measures 

11 of performance criteria and evidence of 

12 student growth. 

13 ‘‘(ii) Teacher-generated information 

14 about student goals and growth. 

15 ‘‘(iii) Parental feedback about student 

16 goals and growth. 

17 ‘‘(iv) Student feedback about learning 

18 and teaching supports. 

19 ‘‘(v) Assessments of affective engage20 ment and self-efficacy. 

21 ‘‘(vi) Other appropriate measures, as 

22 determined by the State. 

23 ‘‘(14) FOSTER CARE.— 

24 ‘‘(A) IN GENERAL.—The term ‘foster care’ 

25 means 24-hour substitute care for a child 

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1 placed away from the child’s parents or guard2 ians and for whom the State agency has place3 ment and care responsibility. The term includes 

4 care through a placement in a foster family 

5 home, a foster home of a relative, a group 

6 home, an emergency shelter, a residential facil7 ity, a child care institution, or a pre-adoptive 

8 home. 

9 ‘‘(B) RULE.—A child shall be considered 

10 to be in foster care under subparagraph (A) 

11 without regard to whether— 

12 ‘‘(i) the foster care facility is licensed 

13 and payments are made by the State or 

14 local agency for the care of the child; 

15 ‘‘(ii) adoption subsidy payments are 

16 being made prior to the finalization of an 

17 adoption; or 

18 ‘‘(iii) Federal matching funds for any 

19 payments described in clause (i) or (ii) are 

20 being made. 

21 ‘‘(15) HIGH-NEED EARLY CHILDHOOD EDU22 CATION PROGRAM.—The term ‘high-need early child23 hood education program’ means an early childhood 

24 education program serving children from low-income 

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1 families that is located within the geographic area 

2 served by a high-need local educational agency. 

3 ‘‘(16) HIGH-NEED LOCAL EDUCATIONAL AGEN4 CY.—The term ‘high-need local educational agency’ 

5 means a local educational agency— 

6 ‘‘(A)(i) that serves not fewer than 10,000 

7 low-income children; 

8 ‘‘(ii) for which not less than 40 percent of 

9 the children served by the agency are low-in10 come children; 

11 ‘‘(iii) that meets the eligibility require12 ments for funding under the Small, Rural 

13 School Achievement Program under section 

14 5211(b) of the Elementary and Secondary Edu15 cation Act of 1965 or the Rural and Low-In16 come School Program under section 6221(b) of 

17 such Act; or 

18 ‘‘(iv) that has a percentage of low-income 

19 children that is in the highest quartile among 

20 such agencies in the State; and 

21 ‘‘(B)(i) for which one or more schools 

22 served by the agency is identified by the State 

23 for comprehensive supports and interventions 

24 under section 1111(c)(4)(D)(i) of the Elemen25 tary and Secondary Education Act of 1965; or 

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1 ‘‘(ii) for which one or more schools served 

2 by the agency has a high teacher turnover rate 

3 or is experiencing a teacher shortage in a high4 needs field, as determined by the State. 

5 ‘‘(17) HIGH-NEED SCHOOL.— 

6 ‘‘(A) IN GENERAL.—The term ‘high-need 

7 school’ means a school that, based on the most 

8 recent data available, is— 

9 ‘‘(i) an elementary school, in which 

10 not less than 60 percent of students are el11 igible for a free or reduced price school 

12 lunch under the Richard B. Russell Na13 tional School Lunch Act; 

14 ‘‘(ii) any other school that is not an 

15 elementary school, in which not less than 

16 45 percent of students are eligible for a 

17 free or reduced price school lunch under 

18 the Richard B. Russell National School 

19 Lunch Act (42 U.S.C. 1751 et seq.); or 

20 ‘‘(iii) identified for comprehensive 

21 support and improvement under section 

22 1111(c)(4)(D) of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 

24 6311(c)(4)(D)), targeted support and im25 provement under section 1111(d)(2) of 

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1 such Act (20 U.S.C. 6311(d)(2)), or addi2 tional targeted support under section 

3 1111(d)(2)(C) of such Act (20 U.S.C. 

4 6311(d)(2)(C)). 

5 ‘‘(B) SPECIAL RULE.— 

6 ‘‘(i) DESIGNATION BY THE SEC7 RETARY.—The Secretary may, upon ap8 proval of an application submitted by an 

9 eligible partnership seeking a grant under 

10 this title, designate a school that does not 

11 qualify as a high-need school under sub12 paragraph (A) as a high-need school for 

13 the purpose of this title. The Secretary 

14 shall base the approval of an application 

15 for designation of a school under this 

16 clause on a consideration of the informa17 tion required under clause (ii), and may 

18 also take into account other information 

19 submitted by the eligible partnership. 

20 ‘‘(ii) APPLICATION REQUIREMENTS.— 

21 An application for designation of a school 

22 under clause (i) shall include— 

23 ‘‘(I) the number and percentage 

24 of students attending such school who 

25 are— 

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1 ‘‘(aa) aged 5 through 17 in 

2 poverty counted in the most re3 cent census data approved by the 

4 Secretary; 

5 ‘‘(bb) eligible for a free or 

6 reduced price school lunch under 

7 the Richard B. Russell National 

8 School Lunch Act; 

9 ‘‘(cc) in families receiving 

10 assistance under the State pro11 gram funded under part A of 

12 title IV of the Social Security 

13 Act; or 

14 ‘‘(dd) eligible to receive med15 ical assistance under the Med16 icaid program; 

17 ‘‘(II) information about the stu18 dent academic achievement of stu19 dents at such school; and 

20 ‘‘(III) for a secondary school, the 

21 four-year adjusted cohort graduation 

22 rate for such school. 

23 ‘‘(18) HIGHLY COMPETENT.—The term ‘highly 

24 competent’, when used with respect to an early 

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1 childhood educator, means an early childhood educa2 tor— 

3 ‘‘(A) with specialized education and train4 ing in development and education of young chil5 dren from birth until entry into kindergarten or 

6 a specialization in infants and toddlers or pre7 school children; 

8 ‘‘(B) with a baccalaureate degree in an 

9 academic major in an early childhood or related 

10 field; and 

11 ‘‘(C) who has demonstrated a high level of 

12 knowledge and use of content and pedagogy in 

13 the relevant areas associated with quality early 

14 childhood education. 

15 ‘‘(19) HOMELESS CHILD.—The term ‘homeless 

16 child’ means an individual who is a homeless child 

17 or youth under section 725 of the McKinney-Vento 

18 Homeless Assistance Act (42 U.S.C. 11434a). 

19 ‘‘(20) INDUCTION PROGRAM.—The term ‘induc20 tion program’ means a formalized program for new 

21 teachers, principals, or school leaders, during not 

22 less than the teachers’, principals, or school leaders’ 

23 first 2 years of, respectively, teaching or leading, 

24 that is designed to provide support for, and improve 

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1 tion in the education field of, beginning teachers, 

2 principals, or school leaders. Such program shall 

3 promote effective teaching or leadership skills and 

4 shall include the following components: 

5 ‘‘(A) High-quality and structured teacher 

6 or school leader mentoring led by a trained and 

7 expert mentor who has demonstrated high skill 

8 and effectiveness and who teaches or leads, or 

9 has taught or led, in the same or similar field, 

10 grade, or subject as the mentee. 

11 ‘‘(B) Periodic, structured time for collabo12 ration, including with mentors, as well as time 

13 for information-sharing among teachers, prin14 cipals, other school leaders and administrators, 

15 other appropriate instructional staff, and par16 ticipating faculty or program staff in the part17 ner institution. 

18 ‘‘(C) The application of evidence-based in19 structional practices. 

20 ‘‘(D) Opportunities for new teachers, prin21 cipals, or school leaders to draw directly on the 

22 expertise of mentors, faculty or program staff, 

23 and researchers, including through mentor ob24 servation and feedback, to support the integra25 tion of evidence-based research and practice. 

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1 ‘‘(E) The development of skills in evidence2 based instructional and behavioral supports and 

3 interventions. 

4 ‘‘(F) Faculty or program staff who— 

5 ‘‘(i) model the integration of research 

6 and practice in the classroom and school; 

7 and 

8 ‘‘(ii) as appropriate, assist new teach9 ers or school leaders with the effective use 

10 and integration of educational technology 

11 and the principles of universal design for 

12 learning into the classroom or school. 

13 ‘‘(G) Interdisciplinary collaboration among 

14 teacher leaders or school leaders, faculty or pro15 gram staff, researchers, and other staff who 

16 prepare new teachers or school leaders with re17 spect to, as applicable, the learning process, the 

18 assessment of learning, or the leadership of a 

19 school. 

20 ‘‘(H) As applicable to the role, assistance 

21 with understanding of the effective use of data, 

22 particularly student achievement data, and the 

23 applicability of such data to inform and improve 

24 classroom instruction and school leadership. 

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1 ‘‘(I) Regular and structured observation 

2 and evaluation of new teachers, principals, or 

3 other school leaders that are based in part on 

4 evidence of student learning, shall include mul5 tiple measures of educator performance, and 

6 shall provide clear, timely, and useful feedback 

7 to teachers, principals, or other school leaders 

8 to be used to improve instruction, as applicable. 

9 ‘‘(J) With respect to a principal induction 

10 program, the development of local-educational11 agency-wide systems such as rigorous leader 

12 standards, continuous ongoing identification of 

13 goals for improvement, and support for achiev14 ing those goals. 

15 ‘‘(K) The development of skills in improv16 ing the school culture and climate related to 

17 school leadership and the role of the principal, 

18 including to— 

19 ‘‘(i) nurture teacher and staff develop20 ment to strengthen classroom practice; 

21 ‘‘(ii) build and sustain an inclusive 

22 culture of learning among adults and chil23 dren; 

24 ‘‘(iii) strengthen communications and 

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1 givers, paraprofessionals, and community 

2 stakeholders; 

3 ‘‘(iv) facilitate the sharing of knowl4 edge, insight, and best practices in the 

5 community served by the school, preschool 

6 program, or early childhood education pro7 gram, including with youth serving pro8 grams (such as before- and after-school 

9 and summer programs); and 

10 ‘‘(v) build relationships and commu11 nicate effectively with State and local edu12 cational agency officials. 

13 ‘‘(21) INFANT OR TODDLER WITH A DIS14 ABILITY.—The term ‘infant or toddler with a dis15 ability’ has the meaning given the term in section 

16 632 of the Individuals with Disabilities Education 

17 Act (20 U.S.C. 1432). 

18 ‘‘(22) MENTORING.—The term ‘mentoring’ 

19 means the mentoring or coaching of new or prospec20 tive teachers, principals, or school leaders through a 

21 program that— 

22 ‘‘(A) includes clear criteria for the selec23 tion of teacher, principal, or school leader men24 tors who may be program staff and who will 

25 provide role model relationships for mentees, 

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1 which criteria shall be developed by the eligible 

2 partnership and based on measures of teacher 

3 or school leader effectiveness; 

4 ‘‘(B) provides high-quality training for 

5 such mentors, including instructional strategies 

6 for culturally relevant teaching practices, lit7 eracy instruction and classroom management 

8 (including approaches that improve the 

9 schoolwide climate for learning, create inclusive 

10 classroom environments, and address the social 

11 and emotional needs of students, which may in12 clude positive behavioral interventions and sup13 ports); 

14 ‘‘(C) provides regular and ongoing oppor15 tunities for mentors and mentees to observe 

16 each other’s teaching or leading methods in 

17 classroom or school settings during the day in 

18 a high-need school in the high-need local edu19 cational agency in the eligible partnership; 

20 ‘‘(D) provides paid release time for men21 tors; 

22 ‘‘(E) for teachers, provides mentoring to 

23 each mentee by a colleague who teaches in the 

24 same field, grade, or subject as the mentee; 

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1 ‘‘(F) for teachers, promotes empirically2 based practice of, and evidence-based research 

3 on, where applicable— 

4 ‘‘(i) teaching and learning; 

5 ‘‘(ii) assessment of student learning; 

6 ‘‘(iii) the development of teaching 

7 skills through the use of instructional and 

8 behavioral interventions; and 

9 ‘‘(iv) the improvement of the mentees’ 

10 capacity to measurably advance student 

11 learning; and 

12 ‘‘(G) includes— 

13 ‘‘(i) common planning time or regu14 larly scheduled collaboration for the men15 tor and mentee; and 

16 ‘‘(ii) as applicable, joint professional 

17 development opportunities. 

18 ‘‘(23) PARENT.—The term ‘parent’ has the 

19 meaning given the term in section 8101 of the Ele20 mentary and Secondary Education Act of 1965. 

21 ‘‘(24) PARTNER INSTITUTION.—The term ‘part22 ner institution’ means an institution of higher edu23 cation, which may include a 2-year institution of 

24 higher education offering a dual program with a 4- 

25 year institution of higher education, participating in 

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1 an eligible partnership that has a teacher or school 

2 leader preparation program that is accredited by the 

3 State— 

4 ‘‘(A) in the case of a teacher preparation 

5 program— 

6 ‘‘(i) whose graduates exhibit strong 

7 performance on State-determined quali8 fying assessments for new teachers 

9 through— 

10 ‘‘(I) demonstrating that 80 per11 cent or more of the graduates of the 

12 program who intend to enter the field 

13 of teaching have passed all of the ap14 plicable State qualification assess15 ments for new teachers, which shall 

16 include an assessment of each pro17 spective teacher’s subject matter 

18 knowledge in the content area in 

19 which the teacher intends to teach; or 

20 ‘‘(II) that is not designated as a 

21 low-performing teacher preparation 

22 program in the State as determined 

23 by the State— 

24 ‘‘(aa) using criteria con25 sistent with the requirements for 

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1 the State assessment under sec2 tion 207(a) before the first publi3 cation of such report card; and 

4 ‘‘(bb) using the State assess5 ment required under section 

6 207(a), after the first publication 

7 of such report card and for every 

8 year thereafter; and 

9 ‘‘(ii) that requires— 

10 ‘‘(I) each student in the program 

11 to meet high academic standards or 

12 demonstrate a record of success, as 

13 determined by the institution (includ14 ing prior to entering and being ac15 cepted into a program), and partici16 pate in intensive clinical experience; 

17 ‘‘(II) each student in the pro18 gram preparing to become a teacher 

19 who meets the applicable State certifi20 cation and licensure requirements, in21 cluding any requirements for certifi22 cation obtained through alternative 

23 routes to certification, or, with regard 

24 to special education teachers, the 

25 qualifications described in section 

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1 612(a)(14)(C) of the Individuals with 

2 Disabilities Education Act; and 

3 ‘‘(III) each student in the pro4 gram preparing to become an early 

5 childhood educator to become highly 

6 competent; and 

7 ‘‘(B) in the case of a school leader prepa8 ration program— 

9 ‘‘(i) whose graduates exhibit a strong 

10 record of successful school leadership as 

11 demonstrated by— 

12 ‘‘(I) a high percentage of such 

13 graduates taking positions as assist14 ant principals and principals within 3 

15 years of completing the program; and 

16 ‘‘(II) a high percentage of such 

17 graduates rated effective or above in 

18 State school leader evaluation and 

19 support systems (as described in sec20 tion 2101(c)(4)(B)(ii) of the Elemen21 tary and Secondary Education Act of 

22 1965) or, if no such ratings are avail23 able, other, comparable indicators of 

24 performance; and 

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1 ‘‘(ii) that requires each student in the 

2 program to participate in intensive clinical 

3 experience in an authentic setting (includ4 ing by assuming substantial leadership re5 sponsibilities) in which the student can be 

6 evaluated on leadership skills and the stu7 dent’s effect on student outcomes as part 

8 of program completion. 

9 ‘‘(25) PROFESSIONAL DEVELOPMENT.—The 

10 term ‘professional development’ has the meaning 

11 given the term in section 8101 of the Elementary 

12 and Secondary Education Act of 1965. 

13 ‘‘(26) PROFESSION-READY.—The term ‘profes14 sion-ready’— 

15 ‘‘(A) when used with respect to a principal 

16 or other school leader, means a principal or 

17 other school leader who— 

18 ‘‘(i) has an advanced degree, or other 

19 appropriate credential; 

20 ‘‘(ii) has completed a principal or 

21 other school leader preparation process and 

22 is fully certified and licensed by the State 

23 in which the principal or other school lead24 er is employed; 

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1 ‘‘(iii) has demonstrated instructional 

2 leadership, including the ability to collect, 

3 analyze, and utilize data on evidence of 

4 student learning and evidence of classroom 

5 practice; 

6 ‘‘(iv) has demonstrated proficiency in 

7 professionally recognized leadership stand8 ards, such as through— 

9 ‘‘(I) a performance assessment; 

10 ‘‘(II) completion of a residency 

11 program; or 

12 ‘‘(III) other measures of leader13 ship effectiveness, as determined by 

14 the State; and 

15 ‘‘(v) has demonstrated the ability to 

16 work with students who are culturally and 

17 linguistically diverse; 

18 ‘‘(B) when used with respect to a teacher, 

19 means a teacher who— 

20 ‘‘(i) has completed a teacher prepara21 tion program and is fully certified and li22 censed to teach by the State in which the 

23 teacher is employed; 

24 ‘‘(ii) has a baccalaureate degree or 

25 higher; 

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1 ‘‘(iii) has demonstrated content 

2 knowledge in the subject or subjects the 

3 teacher teaches; 

4 ‘‘(iv) has demonstrated the ability to 

5 work with students who are culturally and 

6 linguistically diverse; 

7 ‘‘(v) has demonstrated teaching skills, 

8 such as through— 

9 ‘‘(I) a teacher performance as10 sessment; or 

11 ‘‘(II) other measures of teaching 

12 skills, as determined by the State; and 

13 ‘‘(vi) has demonstrated proficiency 

14 with the use of educational technology; and 

15 ‘‘(C) when used with respect to any other 

16 educator not described in subparagraph (A) or 

17 (B), means an educator who has completed an 

18 appropriate preparation program and is fully 

19 certified or licensed by the State in which the 

20 educator is employed. 

21 ‘‘(27) RESIDENCY PROGRAM.—The term ‘resi22 dency program’ means a school-based educator prep23 aration program in which a prospective teacher, 

24 principal, or other school leader— 

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1 ‘‘(A) for 1 academic year, works alongside 

2 a mentor teacher, principal, or other school 

3 leader who is— 

4 ‘‘(i) the educator of record; and 

5 ‘‘(ii) is rated as effective or above in 

6 the State’s school leader evaluation and 

7 support system (as described in section 

8 2101(c)(4)(B)(ii) of the Elementary and 

9 Secondary Education Act of 1965 (20 

10 U.S.C. 6611(c)(4)(B)(ii))) or, if no such 

11 ratings are available, other, on comparable 

12 indicators of performance; 

13 ‘‘(B) receives concurrent instruction during 

14 the year described in subparagraph (A) from 

15 the partner institution, which may be courses 

16 taught by local educational agency personnel or 

17 residency program faculty, in, as applicable— 

18 ‘‘(i) the teaching of the content area 

19 in which the teacher will become certified 

20 or licensed; 

21 ‘‘(ii) pedagogical practices; and 

22 ‘‘(iii) leadership, management, organi23 zational, and instructional skills necessary 

24 to serve as a principal or other school lead25 er; 

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1 ‘‘(C) acquires effective teaching or leader2 ship skills; and 

3 ‘‘(D) prior to completion of the program, 

4 attains full State teacher, principal, or school 

5 leader certification or licensure, and becomes 

6 profession-ready. 

7 ‘‘(28) SCHOOL LEADER.—The term ‘school 

8 leader’ has the meaning given the term in section 

9 8101 of the Elementary and Secondary Education 

10 Act of 1965. 

11 ‘‘(29) SCHOOL LEADER PREPARATION ENTI12 TY.—The term ‘school leader preparation entity’ 

13 means an institution of higher education or a non14 profit organization, including those institutions or 

15 organizations that provide alternative routes to cer16 tification, that is approved by the State to prepare 

17 school leaders to be effective. 

18 ‘‘(30) SCHOOL LEADER PREPARATION PRO19 GRAM.—The term ‘school leader preparation pro20 gram’ means a program offered by a school leader 

21 preparation entity, whether a traditional or alter22 native route, that is approved by the State to pre23 pare school leaders to be effective and that leads to 

24 a specific State certification to be a school leader. 

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1 ‘‘(31) SCHOOL LEADER SKILLS.—The term 

2 ‘school leader skills’ refers to evidenced-based com3 petencies for principals and other school leaders 

4 such as— 

5 ‘‘(A) shaping a vision of academic success 

6 for all students; 

7 ‘‘(B) creating a safe and inclusive learning 

8 environment; 

9 ‘‘(C) cultivating leadership in others; 

10 ‘‘(D) improving instruction; and 

11 ‘‘(E) managing people, data, and processes 

12 to foster school improvement. 

13 ‘‘(32) TEACHER LEADER.—The term ‘teacher 

14 leader’ means an effective educator who carries out 

15 formalized leadership responsibilities based on the 

16 demonstrated needs of the elementary school or sec17 ondary school in which the teacher is employed, 

18 while maintaining a role as a classroom instructor 

19 who— 

20 ‘‘(A) is trained in and practices teacher 

21 leadership; and 

22 ‘‘(B) fosters a collaborative culture to— 

23 ‘‘(i) support educator development, ef24 fectiveness, and student learning; 

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1 ‘‘(ii) support access and use research 

2 to improve practice and student learning; 

3 ‘‘(iii) promote professional learning 

4 for continuous improvement; 

5 ‘‘(iv) facilitate improvements in in6 struction and student learning; promote 

7 the appropriate use of assessments and 

8 data for school and district improvement; 

9 ‘‘(v) improve outreach and collabora10 tion with families and community; 

11 ‘‘(vi) advance the profession by shap12 ing and implementing policy; 

13 ‘‘(vii) advocate for increased access to 

14 great teaching and learning for all stu15 dents; and 

16 ‘‘(viii) demonstrate cultural com17 petencies and provide instruction and sup18 port as such. 

19 ‘‘(33) TEACHING SKILLS.—The term ‘teaching 

20 skills’ means skills that enable a teacher to— 

21 ‘‘(A) increase student learning, achieve22 ment, and the ability to apply knowledge; 

23 ‘‘(B) effectively convey, explain, and pro24 vide opportunities for students to develop the 

25 skills aligned with the full depth and breadth of 

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1 the State challenging academic standards, in2 cluding the application of academic subject 

3 matter; 

4 ‘‘(C) effectively teach higher-order analyt5 ical, evaluation, problem-solving, critical think6 ing, social and emotional, collaboration, and 

7 communication skills; 

8 ‘‘(D) employ strategies grounded in the 

9 disciplines of teaching and learning that— 

10 ‘‘(i) are based on empirically based 

11 practice and evidence-based research, 

12 where applicable, related to teaching and 

13 learning; 

14 ‘‘(ii) are specific to academic subject 

15 matter; and 

16 ‘‘(iii) focus on the identification of 

17 students’ specific learning needs, particu18 larly students with disabilities, students 

19 who are English learners, students who are 

20 gifted and talented, and students with low 

21 literacy levels, and the tailoring of aca22 demic instruction to such needs; 

23 ‘‘(E) design and conduct ongoing assess24 ments of student learning, which may include 

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1 based assessments, project-based assessments, 

2 or portfolio assessments, that measures higher3 order thinking skills (including application, 

4 analysis, synthesis, and evaluation) and use this 

5 information to inform and personalize instruc6 tion; 

7 ‘‘(F) support the social, emotional, and 

8 academic achievement of all students including 

9 effectively manage a classroom creating a posi10 tive and inclusive classroom environment, in11 cluding the ability to implement positive behav12 ioral interventions, trauma-informed care, and 

13 other support strategies; 

14 ‘‘(G) support an inclusive learning environ15 ment through culturally responsive teaching; 

16 ‘‘(H) support technology-rich instruction, 

17 assessment and learning management in con18 tent areas, technology literacy, and under19 standing of the principles of universal design; 

20 ‘‘(I) demonstrate proficiency with the use 

21 of educational technology; 

22 ‘‘(J) communicate and work with families, 

23 and involve families in their children’s edu24 cation; and 

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1 ‘‘(K) use, in the case of an early childhood 

2 educator or an educator at the elementary 

3 school or secondary school level, age-appropriate 

4 and developmentally appropriate strategies and 

5 practices for children and youth in early child6 hood education and elementary school or sec7 ondary school programs, respectively. 

8 ‘‘(34) TEACHER PERFORMANCE ASSESSMENT.— 

9 The term ‘teacher performance assessment’ means a 

10 pre-service assessment used to measure teacher per11 formance that is approved by the State and is— 

12 ‘‘(A) based on professional teaching stand13 ards; 

14 ‘‘(B) used to measure the effectiveness of 

15 a teacher’s— 

16 ‘‘(i) curriculum planning; 

17 ‘‘(ii) instruction of students, including 

18 appropriate plans and modifications for 

19 students who are limited English proficient 

20 and students who are children with disabil21 ities; 

22 ‘‘(iii) assessment of students, includ23 ing analysis of evidence of student learn24 ing; 

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1 ‘‘(iv) ability to advance student learn2 ing; and 

3 ‘‘(v) demonstrate cultural com4 petencies through curriculum planning and 

5 instruction; 

6 ‘‘(C) validated based on professional as7 sessment standards; 

8 ‘‘(D) reliably scored by trained evaluators, 

9 with appropriate oversight of the process to en10 sure consistency; and 

11 ‘‘(E) used to support continuous improve12 ment of educator practice. 

13 ‘‘(35) TEACHER PREPARATION ENTITY.—The 

14 term ‘teacher preparation entity’ means an institu15 tion of higher education, a nonprofit organization, or 

16 other organization that is approved by a State to 

17 prepare teachers to be effective in the classroom. 

18 ‘‘(36) TEACHER PREPARATION PROGRAM.—The 

19 term ‘teacher preparation program’ means a pro20 gram offered by a teacher preparation entity that 

21 leads to a specific State teacher certification. 

22 ‘‘(37) TRAUMA-INFORMED CARE.—The term 

23 ‘trauma-informed care’ is defined as the evidence24 based practices outlined in section 4108(B)(II)(aa) 

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1 of the Elementary and Secondary Education Act of 

2 1965.’’. 

3 SEC. 2002. PURPOSES. 

4 Section 201 of the Higher Education Act of 1965 (20 

5 U.S.C. 1022) is amended— 

6 (1) in paragraph (2), by striking ‘‘by improving 

7 the preparation of prospective teachers and enhanc8 ing professional development activities for new 

9 teachers’’ and inserting ‘‘, school leaders, including 

10 teacher leaders, and other educators by improving 

11 the preparation of prospective teachers, school lead12 ers, and other educators and enhancing professional 

13 development activities for new teachers, school lead14 ers, and other educators’’; 

15 (2) in paragraph (3), by striking ‘‘; and’’ and 

16 inserting a semicolon; 

17 (3) by striking paragraph (4) and inserting the 

18 following new paragraphs: 

19 ‘‘(4) hold teacher, principal and school leader, 

20 and other educator preparation programs account21 able for preparing effective teachers, principals and 

22 school leaders, and other educators; 

23 ‘‘(5) recruit individuals, including members of 

24 racial and ethnic groups underrepresented in the 

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1 pations (including informal education and youth de2 velopment fields), as profession-ready teachers and 

3 other educators, with an emphasis on areas of State4 identified teacher shortage; and 

5 ‘‘(6) meet the staffing needs of high-need local 

6 educational agencies and high-need schools through 

7 close partnerships with educator preparation pro8 grams within institutions of higher education.’’. 

9 SEC. 2003. PARTNERSHIP GRANTS. 

10 Section 202 of the Higher Education Act of 1965 (20 

11 U.S.C. 1022a) is amended— 

12 (1) in subsection (b)— 

13 (A) in paragraph (1), by inserting ‘‘equi14 table distribution,’’ after ‘‘professional develop15 ment,’’; 

16 (B) by amending paragraph (2) to read as 

17 follows: 

18 ‘‘(2) a description of the extent to which the 

19 program to be carried out with grant funds, as de20 scribed in subsection (c), will prepare prospective 

21 teachers, school leaders, and new educators with 

22 strong teaching, school leadership, and other profes23 sional skills necessary to increase learning and aca24 demic achievement;’’; 

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1 (C) in paragraph (3), by inserting ‘‘, 

2 school leaders, and other educators,’’ after 

3 ‘‘new teachers’’; 

4 (D) in paragraph (4)— 

5 (i) in subparagraph (A), by inserting 

6 ‘‘, school leader, and other educator’’ after 

7 ‘‘other teacher’’; and 

8 (ii) in subparagraph (B), by inserting 

9 ‘‘, school leader, and other educator’’ after 

10 ‘‘promote teacher’’; 

11 (E) in paragraph (6)— 

12 (i) by redesignating subparagraphs 

13 (I), (J), and (K) as subparagraphs (J), 

14 (K), and (M), respectively; 

15 (ii) by striking subparagraphs (F), 

16 (G), and (H) and inserting the following: 

17 ‘‘(F) how the partnership will prepare edu18 cators to teach and work with students with 

19 disabilities, including training related to early 

20 identification of students with disabilities and 

21 participation as a member of individualized edu22 cation program teams, as defined in section 

23 614(d)(1)(B) of the Individuals with Disabil24 ities Education Act to ensure that students with 

25 disabilities receive effective services, consistent 

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1 with the requirements of the Individuals with 

2 Disabilities Education Act, that are needed for 

3 such students to achieve to challenging State 

4 academic standards; 

5 ‘‘(G) how the partnership will prepare edu6 cators to teach and work with students who are 

7 English learners to ensure that students who 

8 are English learners receive the services that 

9 are needed for such students to achieve to chal10 lenging State academic standards; 

11 ‘‘(H) in the case of activities related to 

12 principal and school leader preparation pro13 grams, how the partnership will prepare prin14 cipals and other school leaders to foster instruc15 tion that supports the success of all students, 

16 including students with disabilities, students 

17 who are English learners, and students in early 

18 childhood education in alignment with State 

19 early learning standards for early childhood 

20 education programs; 

21 ‘‘(I) how faculty at the partner institution 

22 will work, during the term of the grant, with 

23 mentor educators in the classrooms and admin24 istrators of high-need schools served by the 

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1 high-need local educational agency in the part2 nership to— 

3 ‘‘(i) provide high-quality professional 

4 development activities to strengthen the 

5 content knowledge and teaching skills of 

6 elementary school and secondary school 

7 teachers and other educators, including 

8 multi-tiered systems of support and uni9 versal design for learning; 

10 ‘‘(ii) train other classroom teachers, 

11 principals or other school leaders, school li12 brarians, and other educators to implement 

13 literacy programs that incorporate the 

14 components of comprehensive literacy in15 struction; and 

16 ‘‘(iii) provide evidence-based, high17 quality professional development activities 

18 to strengthen the instructional and leader19 ship skills of elementary school and sec20 ondary school principals or other school 

21 leaders and district superintendents, if the 

22 partner institution has a principal or 

23 school leader preparation program;’’; 

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1 (iii) in subparagraph (J) (as so redes2 ignated), by inserting ‘‘as applicable’’ be3 fore ‘‘how the partnership’’; 

4 (iv) in subparagraph (K) (as so redes5 ignated)— 

6 (I) by inserting ‘‘, principals or 

7 other school leaders’’ after ‘‘teachers’’; 

8 and 

9 (II) by striking ‘‘and’’ at the end; 

10 and 

11 (v) by inserting after subparagraph 

12 (K) (as so resdesignated) the following: 

13 ‘‘(L) how faculty at the partner institution 

14 for school leader preparation will work, during 

15 the term of the grant, with their— 

16 ‘‘(i) State to use rigorous, research17 based leader standards and align program 

18 accreditation criteria and principal licen19 sure requirements with those standards; 

20 and 

21 ‘‘(ii) high-needs local education agen22 cies that hire their graduates to use rig23 orous, evidence-based leader standards and 

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1 cational agencies’ evaluation systems with 

2 those standards; and’’. 

3 (F) in paragraph (7)— 

4 (i) in the matter before subparagraph 

5 (A), by striking ‘‘under this section’’ and 

6 inserting ‘‘under paragraphs (1)(B)(iv) 

7 and (3) of subsection (d)’’; 

8 (ii) in subparagraph (A), by inserting 

9 ‘‘as applicable,’’ before ‘‘a demonstration’’; 

10 and 

11 (iii) in subparagraph (B), by striking 

12 ‘‘scientifically valid’’ and inserting ‘‘evi13 dence-based’’; 

14 (2) by amending subsection (c) to read as fol15 lows: 

16 ‘‘(c) USE OF GRANT FUNDS.—An eligible partner17 ship that receives a grant under this section— 

18 ‘‘(1) shall use such grant to carry out — 

19 ‘‘(A) a program for the pre-baccalaureate 

20 or post-baccalaureate preparation of teachers 

21 described in subsection (d); 

22 ‘‘(B) a teaching residency program, or a 

23 principal or other school leader residency pro24 gram, described in subsection (e); 

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1 ‘‘(C) a high-quality ‘Grow Your Own’ pro2 gram; or 

3 ‘‘(D) a combination of such programs; and 

4 ‘‘(2) may use such grant to carry out other edu5 cator development programs under subsection (f), 

6 based upon the results of the needs assessment in 

7 subsection (b)(1).’’; 

8 (3) in subsection (d)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘limited English pro11 ficient’’ both places it appears and insert12 ing ‘‘English learners’’; 

13 (ii) by striking ‘‘scientifically valid’’ 

14 both places it appears and inserting ‘‘evi15 dence-based’’; and 

16 (iii) in subparagraph (B)(ii)(VI), by 

17 striking ‘‘reading instruction’’ both places 

18 it appears and inserting ‘‘comprehensive 

19 literacy instruction’’; 

20 (B) in paragraph (5)(B), by striking ‘‘lim21 ited English proficient students’’ and inserting 

22 ‘‘students who are English learners’’; 

23 (C) in paragraph (5)(C), by inserting 

24 ‘‘paraprofessionals,’’ after ‘‘occupations,’’; and 

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1 (D) in paragraph (6)(A), by striking 

2 ‘‘reading instruction’’ and inserting ‘‘com3 prehensive literacy instruction’’; 

4 (4) by amending subsection (e) to read as fol5 lows: 

6 ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISH7 MENT OF TEACHING AND PRINCIPAL OR OTHER SCHOOL

8 LEADER RESIDENCY PROGRAMS.— 

9 ‘‘(1) IN GENERAL.—An eligible partnership re10 ceiving a grant to carry out an effective teaching 

11 residency program or principal or other school leader 

12 residency program that meets the following require13 ments: 

14 ‘‘(A) TEACHING RESIDENCY PROGRAM.— 

15 An eligible partnership carrying out a teaching 

16 residency program shall— 

17 ‘‘(i) support a teaching residency pro18 gram described in paragraph (2) for high19 need schools, as determined by the needs 

20 of high-need local educational agency in 

21 the partnership, and in high-need subjects 

22 and areas, as defined by such local edu23 cational agency; and 

24 ‘‘(ii) place graduates of the teaching 

25 residency program in cohorts that facilitate 

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1 professional collaboration, both among 

2 graduates of the residency program and 

3 between such graduates and mentor teach4 ers in the receiving school. 

5 ‘‘(B) PRINCIPAL OR SCHOOL LEADER RESI6 DENCY PROGRAM.—An eligible partnership car7 rying out a principal or school leader residency 

8 program shall support a program described in 

9 paragraph (3) for high-need schools, as deter10 mined by the needs of the high-need local edu11 cational agency in the partnership. 

12 ‘‘(2) TEACHING RESIDENCY PROGRAM.— 

13 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

14 teaching residency program under this para15 graph shall be a program based upon models of 

16 successful teaching residencies that serves as a 

17 mechanism to prepare teachers for success in 

18 high-need schools in the eligible partnership and 

19 shall be designed to include the following char20 acteristics of successful programs: 

21 ‘‘(i) The integration of pedagogy, 

22 classroom practice and teacher mentoring. 

23 ‘‘(ii) The exposure to principles of 

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1 ing, behavior, and community and family 

2 engagement. 

3 ‘‘(iii) The exposure to principles of 

4 universal design for learning and multi5 tiered systems of support. 

6 ‘‘(iv) Engagement of teaching resi7 dents in rigorous coursework that results 

8 in a baccalaureate or master’s degree while 

9 undertaking a guided teaching clinical ex10 perience. 

11 ‘‘(v) Experience and learning opportu12 nities alongside a trained and experienced 

13 mentor teacher— 

14 ‘‘(I) whose teaching shall com15 plement the residency program so that 

16 school-based clinical practice is tightly 

17 aligned and integrated with course18 work; 

19 ‘‘(II) who shall have extra re20 sponsibilities as a teacher leader of 

21 the teaching residency program, as a 

22 mentor for residents, and as a teacher 

23 coach during the induction program 

24 for new teachers, and for establishing, 

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1 munity in which all individuals are ex2 pected to continually improve their ca3 pacity to advance student learning; 

4 and 

5 ‘‘(III) who may be relieved from 

6 teaching duties or may be offered a 

7 stipend as a result of such additional 

8 responsibilities. 

9 ‘‘(vi) The establishment of clear cri10 teria for the selection of mentor teachers 

11 based on the appropriate subject area 

12 knowledge and measures of teacher effec13 tiveness, which shall be based on, but not 

14 limited to, observations of the following: 

15 ‘‘(I) Planning and preparation, 

16 including demonstrated knowledge of 

17 content, pedagogy, and assessment, 

18 including the use of formative, 

19 summative, and diagnostic assess20 ments to inform instruction and im21 prove student learning. 

22 ‘‘(II) Appropriate instruction 

23 that engages all students. 

24 ‘‘(III) Collaboration with col25 leagues to improve instruction. 

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1 ‘‘(IV) Analysis of evidence of stu2 dent learning. 

3 ‘‘(V) Collaboration and the cul4 tivation of relationships with external 

5 stakeholders (which may include pro6 fessional disciplinary organizations 

7 and nonprofit advocacy organizations) 

8 to foster the sharing of evidence-based 

9 resources to promote high-quality, ef10 fective practices. 

11 ‘‘(vii) The development of admissions 

12 goals and priorities— 

13 ‘‘(I) that are aligned with the 

14 hiring objectives of the local edu15 cational agency partnering with the 

16 program, as well as the instructional 

17 initiatives and curriculum of such 

18 agency to hire qualified graduates 

19 from the teaching residency program; 

20 and 

21 ‘‘(II) which may include consider22 ation of applicants who reflect the 

23 communities in which they will teach 

24 as well as consideration of individuals 

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1 from underrepresented populations in 

2 the teaching profession. 

3 ‘‘(viii) Continued support for residents 

4 once such residents are hired as the teach5 ers of record, through an induction pro6 gram, evidence-based professional develop7 ment, and networking opportunities to sup8 port the residents through not less than 

9 the residents’ first 2 years of teaching. 

10 ‘‘(B) SELECTION OF INDIVIDUALS AS

11 TEACHER RESIDENTS.— 

12 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

13 to be eligible to be a teacher resident in a 

14 teaching residency program under this 

15 paragraph, an individual shall— 

16 ‘‘(I) be a recent graduate of a 4- 

17 year institution of higher education or 

18 a mid-career professional possessing 

19 strong content knowledge or a record 

20 of professional accomplishment; 

21 ‘‘(II) in the case of an under22 graduate residency, enrolled as an un23 dergraduate student in a partner in24 stitution as defined in this title; and 

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1 ‘‘(III) submit an application to 

2 the residency program. 

3 ‘‘(ii) SELECTION CRITERIA.—An eligi4 ble partnership carrying out a teaching 

5 residency program under this subsection 

6 shall establish criteria for the selection of 

7 eligible individuals to participate in the 

8 teaching residency program based on the 

9 following characteristics: 

10 ‘‘(I) Strong content knowledge or 

11 record of accomplishment in the field 

12 or subject area to be taught. 

13 ‘‘(II) Strong verbal and written 

14 communication skills, which may be 

15 demonstrated by performance on ap16 propriate assessments. 

17 ‘‘(III) Other attributes linked to 

18 effective teaching, which may be de19 termined by interviews or performance 

20 assessments, as specified by the eligi21 ble partnership. 

22 ‘‘(3) PARTNERSHIP GRANTS FOR THE DEVEL23 OPMENT OF PRINCIPAL AND OTHER SCHOOL LEADER

24 RESIDENCY PROGRAMS.— 

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1 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

2 principal or other school leader residency pro3 gram under this paragraph shall be a program 

4 based upon models of successful principal or 

5 other school leader residencies, and may include 

6 the development or support of principal pipe7 lines, that serve as a mechanism to prepare 

8 principals and other school leaders for success 

9 in high-need schools in the eligible partnership 

10 and shall be designed to include the following 

11 characteristics of successful programs: 

12 ‘‘(i) Engagement of principal or other 

13 school leader residents in rigorous grad14 uate-level coursework to earn an appro15 priate advanced credential while under16 taking a guided principal or other school 

17 leader clinical experience. 

18 ‘‘(ii) Experience and learning opportu19 nities, including those that provide contin20 uous feedback throughout the program on 

21 a participants’ progress, alongside a 

22 trained and experienced mentor principal 

23 or other school leader— 

24 ‘‘(I) whose mentoring shall be 

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1 toring practice and shall complement 

2 the residence program so that school3 based clinical practice is tightly 

4 aligned with coursework; and 

5 ‘‘(II) who may be relieved from 

6 some portion of principal or other 

7 school leader duties or may be offered 

8 a stipend as a result of such addi9 tional responsibilities. 

10 ‘‘(iii) The establishment of clear cri11 teria for the selection of mentor principals 

12 or other school leaders, which may be 

13 based on observations of the following: 

14 ‘‘(I) Demonstrating awareness of, 

15 and having experience with, the 

16 knowledge, skills, and attitudes to— 

17 ‘‘(aa) establish and maintain 

18 a professional learning commu19 nity that effectively extracts in20 formation from data to improve 

21 the school culture and climate, 

22 and personalize instruction for all 

23 students to result in improved 

24 student achievement; 

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1 ‘‘(bb) create and maintain a 

2 learning culture within the school 

3 that provides an inclusive climate 

4 conducive to the development of 

5 all members of the school com6 munity, including one of contin7 uous improvement and learning 

8 for adults tied to student learn9 ing and other school goals; 

10 ‘‘(cc) develop the profes11 sional capacity and practice of 

12 school personnel and foster a 

13 professional community of teach14 ers and other professional staff; 

15 ‘‘(dd) engage in continuous 

16 professional development, uti17 lizing a combination of academic 

18 study, developmental simulation 

19 exercises, self-reflection, mentor20 ship, and internship; 

21 ‘‘(ee) understand youth de22 velopment appropriate to the age 

23 level served by the school, and 

24 use this knowledge to set high ex25 pectations and standards for the 

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1 academic, social, emotional, and 

2 physical development of all stu3 dents; and 

4 ‘‘(ff) actively engage with 

5 families and the community to 

6 create shared responsibility for 

7 student academic performance 

8 and successful development. 

9 ‘‘(II) Planning and articulating a 

10 shared and coherent schoolwide direc11 tion and policy for achieving high 

12 standards of student performance, 

13 and closing gaps in achievement 

14 among subgroups of students. 

15 ‘‘(III) Identifying and imple16 menting the activities and rigorous 

17 curriculum necessary for achieving 

18 such standards of student perform19 ance. 

20 ‘‘(IV) Supporting a culture of 

21 learning, collaboration, and profes22 sional behavior and ensuring quality 

23 measures of instructional practice. 

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1 ‘‘(V) Communicating with, and 

2 engaging, parents, families, and other 

3 external communities. 

4 ‘‘(VI) Cultivating relationships 

5 and collaborating with external stake6 holders, which may include profes7 sional disciplinary organizations and 

8 nonprofit advocacy organizations, to 

9 foster the sharing of evidence-based 

10 resources to promote high-quality, ef11 fective practices. 

12 ‘‘(VII) Collecting, analyzing, and 

13 utilizing data and other evidence of 

14 student learning and evidence of class15 room practice to guide decisions and 

16 actions for continuous improvement 

17 and to ensure performance account18 ability. 

19 ‘‘(iv) The development of admissions 

20 goals and priorities— 

21 ‘‘(I) that are aligned with the 

22 hiring objectives of the local edu23 cational agency partnering with the 

24 program, as well as the instructional 

25 initiatives and curriculum of such 

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1 agency to hire qualified graduates 

2 from the principal residency program; 

3 and 

4 ‘‘(II) which may include consider5 ation of applicants who reflect the 

6 communities in which they will serve 

7 and consideration of individuals from 

8 underrepresented populations in 

9 school leadership positions. 

10 ‘‘(v) Continued support for residents 

11 once such residents are hired as principals 

12 or other school leaders, through an induc13 tion program, evidence-based professional 

14 development to support the knowledge and 

15 skills of the principal or other school leader 

16 in a continuum of learning and content ex17 pertise in developmentally appropriate or 

18 age-appropriate educational practices, and 

19 networking opportunities to support the 

20 residents through not less than the resi21 dents’ first 2 years of serving as principal 

22 or other school leader of a school. 

23 ‘‘(B) SELECTION OF INDIVIDUALS AS

24 PRINCIPAL OR OTHER SCHOOL LEADER RESI25 DENTS.— 

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1 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

2 to be eligible to be a principal or other 

3 school leader resident in a principal or 

4 other school leader residency program 

5 under this paragraph, an individual shall— 

6 ‘‘(I) have prior prekindergarten 

7 through grade 12 teaching experience; 

8 ‘‘(II) have experience as an effec9 tive leader, manager, and written and 

10 oral communicator; and 

11 ‘‘(III) submit an application to 

12 the residency program. 

13 ‘‘(ii) SELECTION CRITERIA.—An eligi14 ble partnership carrying out a principal or 

15 other school leader residency program 

16 under this subsection shall establish cri17 teria for the selection of eligible individuals 

18 to participate in the principal residency 

19 program based on the following character20 istics: 

21 ‘‘(I) Strong instructional leader22 ship skills in an elementary school or 

23 secondary school setting. 

24 ‘‘(II) Strong verbal and written 

25 communication skills, which may be 

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1 demonstrated by performance on ap2 propriate assessments. 

3 ‘‘(III) Other attributes linked to 

4 effective leadership, such as sound 

5 judgment, organizational capacity, col6 laboration, commitment to equity and 

7 inclusiveness, and openness to contin8 uous learning, which may be deter9 mined by interviews or performance 

10 assessment, as specified by the eligible 

11 partnership. 

12 ‘‘(4) STIPENDS OR SALARIES; APPLICATIONS; 

13 AGREEMENTS; AND REPAYMENTS.— 

14 ‘‘(A) STIPENDS OR SALARIES.—A teaching 

15 residency program, or a principal or other 

16 school leader residency program, under this 

17 subsection— 

18 ‘‘(i) shall provide a 1-year living sti19 pend or salary to residents during the 

20 teaching residency program or the prin21 cipal or other school leader residency pro22 gram; and 

23 ‘‘(ii) may provide a stipend to a men24 tor teacher or mentor principal. 

25 ‘‘(B) APPLICATIONS.— 

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1 ‘‘(i) IN GENERAL.—Each residency 

2 candidate desiring a stipend or salary dur3 ing the period of residency shall submit an 

4 application to the eligible partnership at 

5 such time, in such manner, and containing 

6 such information and assurances, as the el7 igible partnership may require, and which 

8 shall include an agreement to serve de9 scribed in clause (ii). 

10 ‘‘(ii) AGREEMENTS TO SERVE.—Each 

11 application submitted under clause (i) shall 

12 contain or be accompanied by an agree13 ment that the applicant will— 

14 ‘‘(I) upon successfully completing 

15 the 1-year teaching residency pro16 gram, or principal or other school 

17 leader residency program, serve as a 

18 full-time teacher, principal, or other 

19 school leader for a total of not less 

20 than 3 school years at— 

21 ‘‘(aa) a high-need school 

22 served by the high-need local 

23 educational agency in the eligible 

24 partnership and, in the case of a 

25 teacher, teach a subject or area 

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1 that is designated as high-need 

2 by the partnership; or 

3 ‘‘(bb) in a case in which no 

4 appropriate position is available 

5 in a high-need school served by 

6 the high-need local educational 

7 agency in the eligible partner8 ship, any other high-need school; 

9 ‘‘(II) provide to the eligible part10 nership a certificate, from the chief 

11 administrative officer of the local edu12 cational agency in which the teacher 

13 or principal or other school leader is 

14 employed, of the employment required 

15 under subclause (I) at the beginning 

16 of, and upon completion of, each year 

17 or partial year of service; 

18 ‘‘(III) in the case of a teacher 

19 resident, meet the requirements to be 

20 a profession-ready teacher; 

21 ‘‘(IV) in the case of a principal 

22 or other school leader resident, meet 

23 the requirements to be a profession24 ready principal or other school leader; 

25 and 

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1 ‘‘(V) comply with the require2 ments set by the eligible partnership 

3 under subparagraph (C) if the appli4 cant is unable or unwilling to com5 plete the service obligation required by 

6 this subparagraph. 

7 ‘‘(C) REPAYMENTS.— 

8 ‘‘(i) IN GENERAL.—An eligible part9 nership carrying out a teaching residency 

10 program, or a principal or other school 

11 leader residency program, under this sub12 section shall require a recipient of a sti13 pend or salary under subparagraph (A) 

14 who does not complete, or who notifies the 

15 partnership that the recipient intends not 

16 to complete, the service obligation required 

17 by subparagraph (B) to repay such stipend 

18 or salary to the eligible partnership, to19 gether with interest, at a rate specified by 

20 the partnership in the agreement, and in 

21 accordance with such other terms and con22 ditions specified by the eligible partnership, 

23 as necessary. 

24 ‘‘(ii) OTHER TERMS AND CONDI25 TIONS.—Any other terms and conditions 

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1 specified by the eligible partnership may 

2 include reasonable provisions for prorate 

3 repayment of the stipend or salary de4 scribed in subparagraph (A) or for deferral 

5 of a resident’s service obligation required 

6 by subparagraph (B), on grounds of 

7 health, incapacitation, inability to secure 

8 employment in a school served by the eligi9 ble partnership, being called to active duty 

10 in the Armed Forces of the United States, 

11 or other extraordinary circumstances. 

12 ‘‘(iii) USE OF REPAYMENTS.—An eli13 gible partnership shall use any repayment 

14 received under this subparagraph to carry 

15 out additional activities that are consistent 

16 with the purposes of this section.’’; and 

17 (5) by striking subsection (f) and inserting the 

18 following: 

19 ‘‘(f) TEACHER LEADER DEVELOPMENT PROGRAM.— 

20 ‘‘(1) IN GENERAL.—A teacher leader develop21 ment program carried out with a grant awarded 

22 under this section shall provide for the professional 

23 development of teachers, as described in paragraph 

24 (2), who maintain their roles as classroom teachers 

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1 sibilities to increase the academic achievement of 

2 students and promote data-driven instructional prac3 tices that address the demonstrated needs at the ele4 mentary schools and secondary schools in which the 

5 teachers are employed, such as— 

6 ‘‘(A) development of curriculum and cur7 ricular resources; 

8 ‘‘(B) facilitating the work of committees 

9 and teams; 

10 ‘‘(C) family and community engagement; 

11 ‘‘(D) school discipline and culture; 

12 ‘‘(E) peer observations and coaching; 

13 ‘‘(F) dual enrollment instruction; or 

14 ‘‘(G) cultural competencies. 

15 ‘‘(2) PROFESSIONAL DEVELOPMENT.—The pro16 fessional development of teachers in a teacher leader 

17 development program carried out with a grant 

18 awarded under this section shall include— 

19 ‘‘(A) one year of professional development, 

20 training, and support that may— 

21 ‘‘(i) include— 

22 ‘‘(I) the engagement of teachers 

23 in rigorous coursework and fieldwork 

24 relevant to their role as a teacher 

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1 leader, including available teacher 

2 leader standards; and 

3 ‘‘(II) regular observations and 

4 professional support from— 

5 ‘‘(aa) a principal, vice prin6 cipal, or a designated instruc7 tional leader of the school; 

8 ‘‘(bb) a representative from 

9 the institution of higher edu10 cation that is a partner in the eli11 gible partnership; 

12 ‘‘(cc) a representative from 

13 another entity that is a partner 

14 in the eligible partnership; and 

15 ‘‘(dd) another member of 

16 the teacher leader cohort, if ap17 plicable, or a peer teacher; and 

18 ‘‘(ii) result in the awarding of a cre19 dential in teacher leadership; and 

20 ‘‘(B) one or 2 additional years of support 

21 from a principal, vice principal, or a designated 

22 instructional leader of the school, a representa23 tive from the institution of higher education 

24 that is a partner in the eligible partnership, and 

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1 a representative from another entity that is a 

2 partner in the eligible partnership. 

3 ‘‘(3) TEACHER LEADER DEVELOPMENT PRO4 GRAM PLAN.—In carrying out a teacher leader devel5 opment program under this section, an eligible part6 nership shall develop a plan that shall describe— 

7 ‘‘(A) how the work hours of teacher leaders 

8 will be allocated between their classroom re9 sponsibilities and responsibilities as a teacher 

10 leader, which may include a description of 

11 whether the teacher leader will be relieved from 

12 teaching duties during their participation in the 

13 teacher leader development program; 

14 ‘‘(B) how the partnership will support 

15 teacher leaders after the first year of profes16 sional development in the program; and 

17 ‘‘(C) how teacher leader activities could be 

18 sustained by the eligible partnership after the 

19 program concludes, which may include a de20 scription of opportunities for the teacher lead21 ers to assist in the educator preparation pro22 gram at the institution of higher education in 

23 the partnership. 

24 ‘‘(4) SELECTION OF TEACHER LEADERS; USE

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1 opment program under this section, an eligible part2 nership— 

3 ‘‘(A) shall select a teacher for participation 

4 in the program— 

5 ‘‘(i) who— 

6 ‘‘(I) is fully certified to teach in 

7 the State of the high-need local edu8 cational agency that is a partner in 

9 the eligible partnership; 

10 ‘‘(II) is employed by such high11 need local educational agency; 

12 ‘‘(III) has not less than 3 years 

13 of teaching experience; and 

14 ‘‘(IV) submits an application for 

15 participation to the eligible partner16 ship; and 

17 ‘‘(ii) based on selection criteria that 

18 includes— 

19 ‘‘(I) demonstration of strong con20 tent knowledge or a record of accom21 plishment in the field or subject area 

22 the teacher will support as a teacher 

23 leader; and 

24 ‘‘(II) demonstration of attributes 

25 linked to effective teaching that are 

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1 determined through interviews, obser2 vations, other exhibits, student 

3 achievement, or performance assess4 ments, such as those leading to an ad5 vanced credential; 

6 ‘‘(B) may develop admissions goals and 

7 priorities for the teacher leader development 

8 program that— 

9 ‘‘(i) are aligned with the demonstrated 

10 needs of the school or high-need local edu11 cational agency in which the teacher is em12 ployed; 

13 ‘‘(ii) considers cultural competencies 

14 that would make the applicant effective in 

15 the applicant’s teacher leader role; and 

16 ‘‘(iii) considers whether the teacher 

17 has substantial teaching experience in the 

18 school in which the teacher is employed or 

19 in a school that is similar to the school in 

20 which the teacher is employed; 

21 ‘‘(C) shall use the grant funds to pay for 

22 costs of training and supporting teacher leaders 

23 for not less than 2 years and not more than 3 

24 years; 

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1 ‘‘(D) may use the grant funds to pay for 

2 a portion of a stipend for teacher leaders if 

3 such grant funds are matched by additional 

4 non-Federal public or private funds as follows: 

5 ‘‘(i) during each of the first and sec6 ond years of the grant period, grant funds 

7 may pay not more than 50 percent of such 

8 stipend; and 

9 ‘‘(ii) during the third year of the 

10 grant period, grant funds may pay not 

11 more than 33 percent of such stipend; and 

12 ‘‘(E) may require teacher leaders to pay 

13 back the cost of attaining the credential de14 scribed in paragraph (2)(A)(ii) if they do not 

15 complete their term of service in the teacher 

16 leader development program. 

17 ‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISH18 MENT OF GROW YOUR OWN PROGRAMS.— 

19 ‘‘(1) IN GENERAL.—An eligible partnership that 

20 receives a grant under this section may use such 

21 grant to carry out a high-quality ‘Grow Your Own’ 

22 program to address subject or geographic areas of 

23 teacher or school leader shortages or to increase the 

24 diversity of the teacher or school leader workforce. 

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1 ‘‘(2) ELEMENTS OF A GROW YOUR OWN PRO2 GRAM.—A Grow Your Own program carried out 

3 under this section shall— 

4 ‘‘(A) integrate career-focused courses on 

5 education topics with school-based learning ex6 perience; 

7 ‘‘(B) provide opportunities for candidates 

8 to practice and develop the skills and disposi9 tions that will help them become skilled edu10 cators and leaders; 

11 ‘‘(C) support candidates as they complete 

12 their associate, baccalaureate, or master’s de13 gree and earn their teaching or school leader14 ship credential; and 

15 ‘‘(D) offer financial aid, in addition to fi16 nancial assistance that may be received under 

17 title IV, to candidates and work in partnership 

18 with members of the eligible partnership to pro19 vide academic, counseling, and programmatic 

20 supports. 

21 ‘‘(3) ESTABLISHMENT AND DESIGN.—To create 

22 and enhance multiple pathways to enter the educator 

23 and leadership workforce, an eligible partnership 

24 carrying out a Grow Your Own program under this 

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1 resenting educators and leaders and additional 

2 stakeholders— 

3 ‘‘(A) shall— 

4 ‘‘(i) establish an advisory group to re5 view barriers impacting underrepresented 

6 populations entering the teaching and 

7 school leadership profession, identify local 

8 teacher and leader workforce needs, de9 velop policies on the creation or expansion 

10 of Grow Your Own programs, and provide 

11 guidance and oversight on the implementa12 tion of such programs; 

13 ‘‘(ii) track and evaluate the effective14 ness of the program, including, at a min15 imum, using the data required under sec16 tion 204(a)(1); 

17 ‘‘(iii) require candidates to complete 

18 all State requirements to become fully cer19 tified; 

20 ‘‘(iv) provide academic and testing 

21 supports, including advising and financial 

22 assistance, to candidates for admission and 

23 completion of education preparation pro24 grams as well as State licensure assess25 ments; 

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1 ‘‘(v) include efforts, to the extent fea2 sible, to recruit current paraprofessionals, 

3 as defined under section 8101 of the Ele4 mentary and Secondary Education Act of 

5 1965, instructional assistants, district em6 ployees not certified to teach or lead (such 

7 as long-term substitute teachers), after 

8 school and summer program staff, parent 

9 school volunteers, retired military per10 sonnel, and other career changers with ex11 perience in hard to staff areas who are not 

12 currently certified to teach or lead with a 

13 specific focus on recruiting individuals who 

14 are reflective of the race, ethnicity, and na15 tive language of the existing community’s 

16 student population; and 

17 ‘‘(vi) provide a year-long clinical expe18 rience or teaching or school leadership resi19 dency in which candidates teach or lead 

20 alongside an expert mentor teacher or 

21 school leader; and 

22 ‘‘(B) may include— 

23 ‘‘(i) a stipend to cover candidate living 

24 expenses or childcare costs; and 

25 ‘‘(ii) compensation for mentors.’’. 

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1 SEC. 2004. ADMINISTRATIVE PROVISIONS. 

2 Section 203 of the Higher Education Act of 1965 (20 

3 U.S.C. 1022b) is amended— 

4 (1) in subsection (a)(2), by striking ‘‘five-year 

5 period’’ and inserting ‘‘five-year period, except such 

6 partnership may receive an additional grant during 

7 such period if such grant is used to establish a 

8 teaching residency program, or a principal or other 

9 school leader residency program, if such residency 

10 program was not established with the prior grant’’; 

11 and 

12 (2) in subsection (b)(2)— 

13 (A) in subparagraph (A)— 

14 (i) striking ‘‘teacher preparation pro15 gram’’ and inserting ‘‘teacher education, 

16 school leader preparation, or educator de17 velopment program’’; 

18 (ii) inserting ‘‘and demonstrated suc19 cess in having a diverse set of candidates 

20 complete the program, and entering and 

21 remaining in the profession’’, after ‘‘such 

22 program’’; and 

23 (iii) striking ‘‘; and’’ at the end; 

24 (B) by redesignating subparagraph (B) as 

25 subparagraph (C); and 

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1 (C) by inserting after subparagraph (A) 

2 the following: 

3 ‘‘(B) provide a 1–year preservice clinical or 

4 residency experience that includes the integra5 tion of coursework and clinical practice and of6 fers cohorts of candidates the opportunity to 

7 learn to teach or lead in partner schools or 

8 teaching academies; and’’. 

9 SEC. 2005. ACCOUNTABILITY AND EVALUATION. 

10 Section 204(a) of the Higher Education Act of 1965 

11 (20 U.S.C. 1022c(a)) is amended to read as follows: 

12 ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each 

13 eligible partnership submitting an application for a grant 

14 under this part shall establish, and include in such appli15 cation, an evaluation plan that includes rigorous, com16 prehensive, and measurable performance objectives. The 

17 plan shall include objectives and measures for— 

18 ‘‘(1) achievement for all prospective and new 

19 educators as measured by the eligible partnership; 

20 ‘‘(2) after the completion of the partnership 

21 program, educator retention at the end of year 3 

22 and year 5; 

23 ‘‘(3) pass rates and scaled scores for initial 

24 State certification or licensure of teachers or pass 

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1 rates and average scores on valid and reliable teach2 er performance assessments; and 

3 ‘‘(4)(A) the percentage of profession-ready 

4 teachers, principals or other school leaders hired by 

5 the high-need local educational agency participating 

6 in the eligible partnership; 

7 ‘‘(B) the percentage of profession-ready teach8 ers, principals, and other educators hired by the 

9 high-need local educational agency who are members 

10 of underrepresented groups; 

11 ‘‘(C) the percentage of profession-ready teach12 ers hired by the high-need local educational agency 

13 who teach high-need academic subject areas, such as 

14 reading, science, technology, engineering, mathe15 matics, computer science, and foreign language (in16 cluding less commonly taught languages and critical 

17 foreign languages); 

18 ‘‘(D) the percentage of profession-ready teach19 ers hired by the high-need local educational agency 

20 who teach in high-need areas, including special edu21 cation, bilingual education, language instruction edu22 cational programs for English language learners, 

23 and early childhood education; 

24 ‘‘(E) the percentage of profession-ready teach25 ers, principals or other school leaders, and other 

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1 educators hired by the high-need local educational 

2 agency who teach in high-need schools, 

3 disaggregated by the elementary school and sec4 ondary school levels; 

5 ‘‘(F) as applicable, the percentage of early 

6 childhood education program classes in the geo7 graphic area served by the eligible partnership 

8 taught by early childhood educators who are highly 

9 competent as a result of participation in the partner10 ship program; 

11 ‘‘(G) as applicable, the percentage of educators 

12 who have completed the partnership program able 

13 to— 

14 ‘‘(i) integrate technology effectively into 

15 curricula and instruction, including technology 

16 consistent with the principles of universal de17 sign for learning; and 

18 ‘‘(ii) use technology effectively to collect, 

19 manage, and analyze data to improve teaching 

20 and learning for the purpose of improving stu21 dent learning outcomes; and 

22 ‘‘(H) as applicable, the percentage of educators 

23 who have completed the partnership program taking 

24 school leadership positions who, after 3 years in the 

25 role, receive ratings of effective or above in State 

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1 school leader evaluation and support systems (as de2 scribed in section 2014(c)(4)(B)(ii) of the Elemen3 tary and Secondary Education Act of 1965) or, if no 

4 such ratings are available, other comparable indica5 tors of performance.’’. 

6 SEC. 2006. ACCOUNTABILITY FOR PROGRAMS THAT PRE7 PARE TEACHERS, PRINCIPALS, OR OTHER 

8 SCHOOL LEADERS. 

9 Section 205 of the Higher Education Act of 1965 (20 

10 U.S.C. 1022d) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking the subsection header and 

13 inserting the following: ‘‘INSTITUTIONAL AND

14 PROGRAM REPORT CARDS ON THE QUALITY OF

15 TEACHER AND SCHOOL LEADER PREPARA16 TION’’; and 

17 (B) by striking paragraph (1) and insert18 ing the following: 

19 ‘‘(1) REPORT CARD.—Each teacher preparation 

20 or school leader preparation entity approved to oper21 ate teacher preparation or school leader preparation 

22 programs in the State and that receives or enrolls 

23 students receiving Federal assistance shall report 

24 annually to the State and the general public, in a 

25 uniform and comprehensive manner that conforms 

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1 with the definitions and methods established by the 

2 Secretary, the following: 

3 ‘‘(A) PASS RATES AND SCALED SCORES.— 

4 For the most recent year for which the informa5 tion is available for each teacher or school lead6 er preparation program offered by the teacher 

7 preparation or school leader preparation entity 

8 the following: 

9 ‘‘(i) Except as provided in clause (ii), 

10 for those students who took the assess11 ments used for teacher or school leader 

12 certification or licensure by the State in 

13 which the entity is located and are enrolled 

14 in the teacher or school leader preparation 

15 program, and for those who have taken 

16 such assessments and have completed the 

17 teacher or school preparation program dur18 ing the 2-year period preceding such year, 

19 for each of such assessments— 

20 ‘‘(I) the percentages of students 

21 enrolled in the preparation program, 

22 and those who have completed such 

23 program, who passed such assess24 ment; 

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1 ‘‘(II) the percentage of students 

2 who have taken such assessment who 

3 enrolled in and completed the teacher 

4 or school leader preparation program; 

5 and 

6 ‘‘(III) the average scaled score 

7 for all students who took such assess8 ment. 

9 ‘‘(ii) In the case of an entity that re10 quires a valid and reliable teacher perform11 ance assessment in order to complete the 

12 preparation program, the entity may sub13 mit in lieu of the information described in 

14 clause (i) the pass rate and average score 

15 of students taking the teacher performance 

16 assessment. 

17 ‘‘(B) ENTITY INFORMATION.—A descrip18 tion of the following: 

19 ‘‘(i) The median grade point average 

20 and range of grade point averages for ad21 mitted students. 

22 ‘‘(ii) The number of students in the 

23 entity, disaggregated by race, ethnicity, 

24 and gender, except that such disaggrega25 tion shall not be required in a case in 

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1 which the result would reveal personally 

2 identifiable information about an individual 

3 student. 

4 ‘‘(iii) The number of hours and types 

5 of supervised clinical preparation required 

6 for each program. 

7 ‘‘(iv) The total number and percent8 age of students who have completed pro9 grams for certification or licensure 

10 disaggregated by subject area and by race, 

11 ethnicity, gender, income status, and lan12 guage diversity (graduates who have bilin13 gual or dual language immersion endorse14 ments), except that such disaggregation 

15 shall not be required in a case in which the 

16 result would reveal personally identifiable 

17 information about an individual student. 

18 ‘‘(v) The percentage and total number 

19 of program completers who have been cer20 tified or licensed as teachers or school 

21 leaders (disaggregated by subject area of 

22 certification or licensure and by race, eth23 nicity, and gender, except that such 

24 disaggregation shall not be required in a 

25 case in which the number of students in a 

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1 category is insufficient to yield statistically 

2 reliable information or the results would 

3 reveal personally identifiable information 

4 about an individual student). 

5 ‘‘(vi) The 3- and 5-year teacher or 

6 school leader retention rates, including, at 

7 a minimum, in the same school and local 

8 educational agency, and within the profes9 sion (disaggregated by race, ethnicity, and 

10 gender, except that such disaggregation 

11 shall not be required in a case in which the 

12 number of students in a category is insuffi13 cient to yield statistically reliable informa14 tion or the results would reveal personally 

15 identifiable information about an individual 

16 student). 

17 ‘‘(C) ACCREDITATION.—Whether the pro18 gram or entity is accredited by a specialized ac19 crediting agency recognized by the Secretary for 

20 accreditation of professional teacher or school 

21 leader education programs. 

22 ‘‘(D) DESIGNATION AS LOW-PER23 FORMING.—Which programs (if any) offered by 

24 the entity have been designated as low-per25 forming by the State under section 207(a).’’; 

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1 (2) in subsection (b)— 

2 (A) in paragraph (1)— 

3 (i) in subparagraph (A)— 

4 (I) by inserting ‘‘and school lead5 er’’ after ‘‘teacher’’; and 

6 (II) by inserting ‘‘, including 

7 teacher performance assessments’’ 

8 after ‘‘the State’’; 

9 (ii) by amending subparagraph (D) to 

10 read as follows: 

11 ‘‘(D)(i) Except as provided in clause (ii), 

12 for each of the assessments used by the State 

13 for teacher or school leader certification or li14 censure, disaggregated by subject area, race, 

15 ethnicity, and gender, except that such 

16 disaggregation shall not be required in a case in 

17 which the result would reveal personally identi18 fiable information about an individual stu19 dent— 

20 ‘‘(I) for each entity located in the 

21 State, the percentage of students at each 

22 entity who have completed 100 percent of 

23 the nonclinical coursework and taken the 

24 assessment who pass such assessment; 

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1 ‘‘(II) the percentage of all such stu2 dents in all such programs and entities 

3 who have taken the assessment who pass 

4 such assessment; 

5 ‘‘(III) the percentage of students who 

6 have taken the assessment and who en7 rolled in and completed a teacher or school 

8 leader preparation program; and 

9 ‘‘(IV) the average scaled score of indi10 viduals participating in such a program, or 

11 who have completed such a program dur12 ing the 2-year period preceding the first 

13 year for which the annual State report 

14 card is provided, who took each such as15 sessment. 

16 ‘‘(ii) In the case of a State that has imple17 mented a valid and reliable teacher performance 

18 assessment, the State may submit in lieu of the 

19 information described in clause (i) the pass rate 

20 and average score of students taking the teach21 er performance assessment, disaggregated by 

22 subject area, race, ethnicity, and gender, except 

23 that such disaggregation shall not be required 

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1 sonally identifiable information about an indi2 vidual student.’’; 

3 (iii) by striking subparagraphs (G) 

4 through (L) and inserting the following: 

5 ‘‘(G) For each teacher and school leader 

6 preparation program in the State the following: 

7 ‘‘(i) The programs’ admission rate, 

8 median grade point average, and range of 

9 grade point averages for admitted stu10 dents. 

11 ‘‘(ii) The number of students in the 

12 program disaggregated by race, ethnicity, 

13 and gender, except that such disaggrega14 tion shall not be required in a case in 

15 which the result would reveal personally 

16 identifiable information about an individual 

17 student. 

18 ‘‘(iii) The number of hours and types 

19 of supervised clinical preparation required. 

20 ‘‘(iv) Whether such program has been 

21 identified as low-performing, as designated 

22 by the State under section 207(a). 

23 ‘‘(v) For each school leader prepara24 tion program in the State, the total num25 ber and percentage of program completers 

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1 placed as principals who are rated as effec2 tive or above on the State school leader 

3 evaluation and support systems (as de4 scribed in section 2101(c)(4)(B)(2) of the 

5 Elementary and Secondary Education Act 

6 of 1965) or, if no such ratings are avail7 able, other comparable indicators of per8 formance after three years of leading a 

9 school. 

10 ‘‘(H) For the State as a whole, and for 

11 each teacher preparation entity in the State, 

12 the number of teachers prepared, in the aggre13 gate and reported separately by the following: 

14 ‘‘(i) Area of certification or licensure. 

15 ‘‘(ii) Route of certification (traditional 

16 versus alternative). 

17 ‘‘(iii) Academic major. 

18 ‘‘(iv) Degree type (baccalaureate, 

19 post-baccalaureate, and master’s degrees). 

20 ‘‘(v) Subject area for which the teach21 er has been prepared to teach. 

22 ‘‘(vi) The relationship of the subject 

23 area and grade span of teachers graduated 

24 by the teacher preparation entity to identi25 fied teacher shortage areas of the State. 

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1 ‘‘(vii) The percentage of teachers 

2 graduated teaching in high-need schools. 

3 ‘‘(viii) Placement in a teaching or 

4 school leadership position within 6 months 

5 of program completion. 

6 ‘‘(ix) Rates of 3- and 5-year teacher 

7 or school leadership retention including, at 

8 a minimum, in the same school and local 

9 educational agency, and within the profes10 sion.’’; and 

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

12 ‘‘(3) NO REQUIREMENT FOR REPORTING ON

13 STUDENTS NOT WORKING IN THE STATE.—Nothing 

14 in this section shall require a State to report data 

15 on program completers who do not work as teachers, 

16 principals, or school leaders in such State.’’; and 

17 (3) in subsection (d)(2), by adding at the end 

18 the following: 

19 ‘‘(D) The relationship of the subject area 

20 and grade span of teachers graduated by teach21 er preparation entities across the States to 

22 identified teacher shortage areas. 

23 ‘‘(E) The number and percentages of such 

24 graduates teaching in high-need schools.’’. 

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1 SEC. 2007. TEACHER DEVELOPMENT. 

2 Section 206 of the Higher Education Act of 1965 (20 

3 U.S.C. 1022e) is amended by striking ‘‘limited English 

4 proficient’’ both places it appears and inserting ‘‘English 

5 learner’’. 

6 SEC. 2008. STATE FUNCTIONS. 

7 Section 207 of the Higher Education Act of 1965 (20 

8 U.S.C. 1022f) is amended to read as follows: 

9 ‘‘SEC. 207. STATE FUNCTIONS. 

10 ‘‘(a) STATE ASSESSMENT.— 

11 ‘‘(1) IN GENERAL.—In order to receive funds 

12 under this Act or under title II of the Elementary 

13 and Secondary Education Act of 1965 (20 U.S.C. 

14 6601 et seq.), a State shall conduct an assessment 

15 to identify at-risk and low-performing teacher and 

16 school leader preparation programs in the State and 

17 to assist such programs through the provision of 

18 technical assistance. 

19 ‘‘(2) PROVISION OF LOW-PERFORMING LIST.— 

20 Each State described in paragraph (1) shall— 

21 ‘‘(A) provide the Secretary and the general 

22 public an annual list of low-performing teacher 

23 and school leader preparation programs and an 

24 identification of those programs at risk of being 

25 placed on such list, as applicable; 

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1 ‘‘(B) report any teacher and school leader 

2 preparation program that has been closed and 

3 the reasons for such closure; and 

4 ‘‘(C) describe the assessment, described in 

5 paragraph (1), in the report under section 

6 205(b). 

7 ‘‘(3) DETERMINATION OF AT-RISK AND LOW8 PERFORMING PROGRAMS.—The levels of perform9 ance and the criteria for meeting those levels for 

10 purposes of the assessment under paragraph (1) 

11 shall be determined by the State in consultation with 

12 a representative group of community stakeholders, 

13 including, at a minimum, representatives of leaders 

14 and faculty of traditional and alternative route 

15 teacher and school leader preparation programs, pre16 kindergarten through 12th grade leaders and in17 structional staff, current teacher and school leader 

18 candidates participating in traditional and alter19 native route teacher or school leader preparation 

20 programs, the State’s standards board or other ap21 propriate standards body, and other stakeholders 

22 identified by the State. In making such determina23 tion, the State shall consider multiple measures and 

24 the information reported by teacher preparation en25 tities under section 205. 

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1 ‘‘(b) REPORTING AND IMPROVEMENT.—In order to 

2 receive funds under this Act or under title II of the Ele3 mentary and Secondary Education Act of 1965 (20 U.S.C. 

4 6601 et seq.), a State shall— 

5 ‘‘(1) report to the Secretary and the general 

6 public any programs described in subsection (a); 

7 ‘‘(2) establish a period of improvement and re8 design (as established by the State) for programs 

9 identified as at-risk under subsection (a); 

10 ‘‘(3) provide programs identified as at-risk 

11 under subsection (a) with technical assistance for a 

12 period of not longer than 3 years; 

13 ‘‘(4) identify at-risk programs as low-per14 forming if there is not sufficient improvement fol15 lowing the period of technical assistance provided by 

16 the State; and 

17 ‘‘(5) subject low-performing programs to the 

18 provisions described in subsection (c) (as determined 

19 by the State) not later than 1 year after the date 

20 of such identification as a low-performing program. 

21 ‘‘(c) TERMINATION OF ELIGIBILITY.—Any teacher or 

22 school leader preparation program that is projected to 

23 close— 

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1 ‘‘(1) shall be ineligible for any funding for pro2 fessional development activities awarded by the De3 partment; 

4 ‘‘(2) may not be permitted to provide new 

5 awards under subpart 9 of part A of title IV; and 

6 ‘‘(3) shall provide transitional support, includ7 ing remedial services if necessary, for students en8 rolled in the program in the year prior to such clo9 sure. 

10 ‘‘(d) NEGOTIATED RULEMAKING.—If the Secretary 

11 develops any regulations implementing subsection (c)(2), 

12 the Secretary shall submit such proposed regulations to 

13 a negotiated rulemaking process, which shall include rep14 resentatives of States, institutions of higher education, 

15 and educational and student organizations. 

16 ‘‘(e) APPLICATION OF REQUIREMENTS.—The re17 quirements of this section shall apply to both traditional 

18 teacher preparation programs and alternative routes to 

19 State certification and licensure programs.’’. 

20 SEC. 2009. GENERAL PROVISIONS. 

21 Section 208(a) of the Higher Education Act of 1965 

22 (20 U.S.C. 1022g(a)) is amended by striking ‘‘sections 

23 205 and 206’’ and inserting ‘‘section 205’’. 

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1 SEC. 2010. ELEVATION OF THE EDUCATION PROFESSION 

2 STUDY. 

3 Part A of title II of the Higher Education Act of 

4 1965 (20 U.S.C. 1022 et seq.) is amended by inserting 

5 after section 208 the following: 

6 ‘‘SEC. 209. ELEVATION OF THE EDUCATION PROFESSION 

7 STUDY. 

8 ‘‘(a) PURPOSE.—The purpose of this section is to au9 thorize a feasibilty study on the elevation of the education 

10 profession by examining State policies related to teacher 

11 and school leader education and certification, produce a 

12 comprehensive set of expectations that sets a high bar for 

13 entry into the profession and ensures that all entering 

14 teachers and school leaders are profession-ready, and de15 velop recommendations to Congress on best practices with 

16 respect to elevating the education profession that are evi17 dence-based, reliable, and verified by the field. 

18 ‘‘(b) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—The Secretary of Education 

20 shall establish an Advisory Committee to carry out 

21 the elevation of the education profession study de22 scribed in subsection (c) and make recommendations 

23 to Congress on the findings. 

24 ‘‘(2) MEMBERSHIP OF THE ADVISORY COM25 MITTEE.—The Advisory Committee shall include 

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1 representatives or advocates from the following cat2 egories: 

3 ‘‘(A) Teacher unions. 

4 ‘‘(B) School leader organizations. 

5 ‘‘(C) State and local chief executives or 

6 their representatives. 

7 ‘‘(D) State educational agencies and local 

8 educational agencies. 

9 ‘‘(E) Teacher and school leader advocacy 

10 organizations. 

11 ‘‘(F) School administrator organizations. 

12 ‘‘(G) Institutions of higher education, in13 cluding colleges of teacher education. 

14 ‘‘(H) Civil rights organizations. 

15 ‘‘(I) Organizations representing students 

16 with disabilities. 

17 ‘‘(J) Organizations representing English 

18 learners. 

19 ‘‘(K) Nonprofit organizations representing 

20 subject-fields, such as STEM Educator organi21 zations, comprehensive literacy Educator orga22 nizations, and arts and humanities educator or23 ganizations. 

24 ‘‘(L) Professional development organiza25 tions. 

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1 ‘‘(M) Educational technology organiza2 tions. 

3 ‘‘(N) Nonprofit research organizations. 

4 ‘‘(O) Organizations representing nontradi5 tional pathways into teacher and school leader 

6 education. 

7 ‘‘(P) Organizations representing parents. 

8 ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.— 

9 ‘‘(1) FEASIBILITY STUDY.—The Advisory Com10 mittee shall conduct a feasibility study to— 

11 ‘‘(A) assess the state of policies and prac12 tices related to teacher and school leader edu13 cation and entry into the profession including 

14 barriers to achieving certification and licensure, 

15 best practices in producing profession-ready 

16 teachers and school leaders, and recruitment 

17 and retention of teachers and school leaders in 

18 schools; 

19 ‘‘(B) compile best practices for educating 

20 and training profession-ready teachers and 

21 school leaders including evidence-based prac22 tices for training teachers and school leaders to 

23 support diverse learners, developing teacher and 

24 school leaders, and successful pre-service and 

25 in-service educational activities; 

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1 ‘‘(C) review certification and credentialing 

2 practices throughout the Nation including min3 imum standards in each State, differences in 

4 types of credentials, and impact of different 

5 certification processes in each State for teach6 ers and school leaders who relocate; and 

7 ‘‘(D) recommend a comprehensive set of 

8 rigorous expectations for States standards to 

9 elevate the profession of teaching and to 

10 produce profession-ready teachers and school 

11 leaders prepared to educate diverse learners in 

12 inclusive educational settings. 

13 ‘‘(2) REPORTS.— 

14 ‘‘(A) Not later than 1 year after the Advi15 sory Committee’s first meeting, the Committee 

16 shall submit an interim report to the Secretary 

17 and to the authorizing committees detailing the 

18 methods of the study and progress in devel19 oping the set of comprehensive and rigorous ex20 pectations. 

21 ‘‘(B) Not later than 3 years after the Advi22 sory Committee’s first meeting, the Committee 

23 shall submit a final report to the Secretary and 

24 to the authorizing committees detailing the 

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1 findings, recommendations, and suggested set 

2 of comprehensive and rigorous expectations. 

3 ‘‘(3) DISSEMINATION OF INFORMATION.—In 

4 carrying out the study under paragraph (1), the Sec5 retary shall, after the release of the study, dissemi6 nate information found in the study in an accessible 

7 format to all stakeholders. 

8 ‘‘(4) DATABASE.—Not later than 180 days 

9 after the date of the enactment of this subsection, 

10 the Secretary shall produce an electronically acces11 sible clearinghouse of State certification procedures 

12 and best State practices for producing and retaining 

13 profession-ready teachers and school leaders.’’. 

14 SEC. 2011. AUTHORIZATION OF APPROPRIATIONS. 

15 Part A of title II of the Higher Education Act of 

16 1965 (20 U.S.C. 1022 et seq.) is amended— 

17 (1) by redesignating section 209 as section 210; 

18 and 

19 (2) in section 210, as so redesignated— 

20 (A) by striking ‘‘$300,000,000’’ and in21 serting ‘‘$500,000,000’’; 

22 (B) by striking ‘‘2009’’ and inserting 

23 ‘‘2019’’; and 

24 (C) by striking ‘‘two succeeding’’ and in25 serting ‘‘5 succeeding’’. 

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1 PART B—ENHANCING TEACHER AND SCHOOL 

2 LEADER EDUCATION 

3 SEC. 2101. ENHANCING TEACHER AND SCHOOL LEADER 

4 EDUCATION. 

5 Part B of title II of the Higher Education Act of 

6 1965 (20 U.S.C. 1031 et seq.) is amended to read as fol7 lows: 

8 ‘‘PART B—ENHANCING TEACHER AND SCHOOL 

9 LEADER EDUCATION 

10 ‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) IN GENERAL.—There are authorized to be ap12 propriated to carry out this part $100,000,000 for fiscal 

13 year 2021 and each of the 5 succeeding fiscal years. 

14 ‘‘(b) DISTRIBUTION OF FUNDS.—Subparts 1 through 

15 4 of this part shall each receive a minimum of 20 percent 

16 of the amount appropriated for a fiscal year, and the Sec17 retary shall have discretion over the distribution under 

18 this part of the remaining amount appropriated for such 

19 fiscal year. 

20 ‘‘Subpart 1—Honorable Augustus F. Hawkins Centers 

21 of Excellence 

22 ‘‘SEC. 231. FINDINGS. 

23 ‘‘Congress finds the following: 

24 ‘‘(1) Our Nation’s schools are experiencing a 

25 severe teacher diversity gap that negatively impacts 

26 student achievement and school culture—50 percent 

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1 of current students are students of color while only 

2 18 percent of teachers are of color, according to a 

3 2016 study by the Brookings Institution. 

4 ‘‘(2) A 2016 report conducted by the Depart5 ment of Education shows that teachers of color tend 

6 to provide more culturally relevant teaching and bet7 ter understand the situations that students of color 

8 may face. These factors help in the development of 

9 trusting teacher-student relationships. Researchers 

10 from Vanderbilt University also found that greater 

11 racial and ethnic diversity in the principal corps ben12 efits students, especially students of color. 

13 ‘‘(3) Teachers and school leaders of color can 

14 also serve as cultural ambassadors who help stu15 dents feel more welcome at school or as role models. 

16 ‘‘(4) Research consistently shows that increas17 ing diversity in the teaching profession can have 

18 positive impacts on student educational experiences 

19 and outcomes. Students of color demonstrate greater 

20 academic achievement and social-emotional develop21 ment in classes with teachers of color. Studies also 

22 suggest that all students, including White students, 

23 benefit from having teachers of color offering their 

24 distinctive knowledge, experiences, and role modeling 

25 to the student body as a whole. 

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1 ‘‘SEC. 232. PURPOSE. 

2 ‘‘The purpose of this subpart is to strengthen and 

3 expand the recruitment, training, and retention of can4 didates of color into the teaching profession. 

5 ‘‘SEC. 233. ELIGIBLE INSTITUTION DEFINED. 

6 ‘‘In this subpart, the term ‘eligible institution’ means 

7 an institution of higher education that has a teacher or 

8 school leader preparation program that is a accredited by 

9 the State and that is— 

10 ‘‘(1) a part B institution (as defined in section 

11 322); 

12 ‘‘(2) a Hispanic-serving institution (as defined 

13 in section 502); 

14 ‘‘(3) a Tribal college or university (as defined in 

15 section 316); 

16 ‘‘(4) an Alaska Native-serving institution (as 

17 defined in section 317(b)); 

18 ‘‘(5) a Native Hawaiian-serving institution (as 

19 defined in section 317(b)); 

20 ‘‘(6) a predominantly Black institution (as de21 fined in section 318); 

22 ‘‘(7) an Asian-American and Native American 

23 Pacific Islander-serving institution (as defined in 

24 section 320(b)); 

25 ‘‘(8) a Native American-serving, nontribal insti26 tution (as defined in section 319); 

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1 ‘‘(9) a consortium of any of the institutions de2 scribed in paragraphs (1) through (8); or 

3 ‘‘(10) an institution described in paragraphs (1) 

4 through (8), or a consortium described in paragraph 

5 (9), in partnership with any other institution of 

6 higher education, but only if the center of excellence 

7 established under section 234 is located at an insti8 tution described in paragraphs (1) through (8). 

9 ‘‘SEC. 234. AUGUSTUS F. HAWKINS CENTERS OF EXCEL10 LENCE. 

11 ‘‘(a) PROGRAM AUTHORIZED.—From the amounts 

12 provided to carry out this subpart, the Secretary shall 

13 award grants, on a competitive basis, to eligible institu14 tions to establish centers of excellence. 

15 ‘‘(b) USE OF FUNDS.—An eligible institution shall 

16 use a grant received under this subpart to ensure that pro17 grams offered at a center of excellence established by such 

18 institution prepare current and future teachers or school 

19 leaders to be profession-ready, and meet the applicable 

20 State certification and licensure requirements, including 

21 any requirements for certification obtained through alter22 native routes to certification, or, with regard to special 

23 education teachers, the qualifications described in section 

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1 cation Act, by carrying out one or more of the following 

2 activities: 

3 ‘‘(1) Implementing reforms within teacher or 

4 school leader preparation programs to ensure that 

5 such programs are preparing teachers or school lead6 ers who meet such applicable State certification and 

7 licensure requirements or qualifications, and are 

8 using evidence-based instructional practices to im9 prove student academic achievement, by— 

10 ‘‘(A) retraining or recruiting faculty; and 

11 ‘‘(B) designing (or redesigning) teacher or 

12 school leader preparation programs that— 

13 ‘‘(i) prepare teachers or school leaders 

14 to serve in low-performing schools and 

15 close student achievement gaps; and 

16 ‘‘(ii) are based on— 

17 ‘‘(I) rigorous academic content; 

18 ‘‘(II) evidence-based research; 

19 and 

20 ‘‘(III) challenging State academic 

21 standards as described in section 

22 1111(b)(1) of the Elementary and 

23 Secondary Education Act of 1965 (20 

24 U.S.C. 6311(b)(1)); and 

25 ‘‘(iii) promote effective teaching skills. 

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1 ‘‘(2) Providing sustained and high-quality 

2 preservice clinical experience, including the men3 toring of prospective teachers by exemplary teachers 

4 or teacher leaders, substantially increasing inter5 action between faculty at institutions of higher edu6 cation and new and experienced teachers, principals, 

7 school leaders, and other administrators at elemen8 tary schools or secondary schools, and providing sup9 port, including preparation time, for such inter10 action. 

11 ‘‘(3) Developing and implementing initiatives to 

12 promote retention of teachers who meet such appli13 cable State certification and licensure requirements 

14 or qualifications, and principals and other school 

15 leaders, including teachers, principals, and other 

16 school leaders of color, including programs that pro17 vide— 

18 ‘‘(A) teacher or principal and other school 

19 leader mentoring; and 

20 ‘‘(B) induction and support for teachers 

21 and principals and other school leaders during 

22 their first three years of employment as teach23 ers, principals, or other school leaders, respec24 tively. 

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1 ‘‘(4) Awarding scholarships based on financial 

2 need to help students pay the costs of tuition, room, 

3 board, and other expenses of completing a teacher or 

4 other school leader preparation program at the Cen5 ter of Excellence, not to exceed the cost of attend6 ance as defined in section 472. 

7 ‘‘(5) Disseminating information on effective 

8 practices for teacher or other school leader prepara9 tion and successful teacher or other school leader 

10 certification and licensure assessment preparation 

11 strategies. 

12 ‘‘(6) Activities authorized under section 202. 

13 ‘‘(c) APPLICATION.—Any eligible institution desiring 

14 a grant under this subpart shall submit an application to 

15 the Secretary at such time, in such manner, and accom16 panied by such information as the Secretary may require. 

17 ‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

18 An eligible institution that receives a grant under this sub19 part may use not more than 2 percent of the funds pro20 vided to administer the grant. 

21 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

22 such regulations as may be necessary to carry out this 

23 subpart. 

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1 ‘‘Subpart 2—Preparing Well-Rounded Teachers 

2 ‘‘SEC. 241. WELL-ROUNDED TEACHING GRANTS. 

3 ‘‘(a) FINDINGS.—Congress finds that— 

4 ‘‘(1) students have diverse learning needs and 

5 teachers must be prepared to provide a high-quality, 

6 equitable education to every child; 

7 ‘‘(2) improving the pedagogical competencies, 

8 behavior management skills, and cultural com9 petencies of teacher candidates prepares them to ef10 fectively teach students from diverse backgrounds 

11 and increases the likelihood they will remain in the 

12 profession; and 

13 ‘‘(3) teachers who hold dual certification and 

14 receive training in social and emotional learning 

15 competencies and nonexclusionary, positive behavior 

16 management practices are better prepared to create 

17 a supportive school climate and meet the needs of all 

18 students, including English learners, racially diverse 

19 students, students with disabilities, low-income stu20 dents, and students who have experienced trauma. 

21 ‘‘(b) PURPOSE.—The purpose of this subpart is to— 

22 ‘‘(1) strengthen and expand teacher preparation 

23 programs that embed dual certification for teacher 

24 candidates in special education; and 

25 ‘‘(2) strengthen and expand teacher preparation 

26 programs that embed training on inclusive practices, 

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1 culturally responsive teaching, social and emotional 

2 learning competencies and nonexclusionary, positive 

3 behavior management practices to teacher can4 didates. 

5 ‘‘(c) AUTHORIZATION OF PROGRAM.— 

6 ‘‘(1) IN GENERAL.—From the amounts pro7 vided to carry out this subpart, the Secretary shall 

8 award grants, on a competitive basis, to eligible 

9 partnerships to improve the preparation of general 

10 education teacher candidates to ensure that such 

11 teacher candidates possess the knowledge, skills, and 

12 credentials necessary to effectively instruct students 

13 with disabilities in general education classrooms, and 

14 an understanding of positive behavior-management 

15 practices that reduce the use of exclusionary and 

16 aversive disciplinary practices and create a sup17 portive school climate. 

18 ‘‘(2) DURATION OF GRANTS.—A grant under 

19 this subpart shall be awarded for a period of not 

20 more than 5 years. 

21 ‘‘(3) NON-FEDERAL SHARE.—An eligible part22 nership that receives a grant under this subpart 

23 shall provide not less than 25 percent of the cost of 

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1 Federal sources, which may be provided in cash or 

2 in-kind. 

3 ‘‘(d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In 

4 this section, the term ‘eligible partnership’ means a part5 nership that— 

6 ‘‘(1) shall include— 

7 ‘‘(A) one or more departments or programs 

8 at an institution of higher education— 

9 ‘‘(i) that prepare elementary or sec10 ondary general education teachers; 

11 ‘‘(ii) that have a program of study 

12 that leads to an undergraduate degree, a 

13 master’s degree, or completion of a 

14 postbaccalaureate program required for 

15 teacher certification; and 

16 ‘‘(iii) the profession-ready graduates 

17 of which meet the applicable State certifi18 cation and licensure requirements, includ19 ing any requirements for certification ob20 tained through alternative routes to certifi21 cation, or, with regard to special education 

22 teachers, the qualifications described in 

23 section 612(a)(14)(C) of the Individuals 

24 with Disabilities Education Act; 

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1 ‘‘(B) a department or program that has 

2 expertise in special education at an institution 

3 of higher education; and 

4 ‘‘(C) a high-need local educational agency; 

5 and 

6 ‘‘(2) may include— 

7 ‘‘(A) a department or program of mathe8 matics, earth or physical science, foreign lan9 guage, or another department at the institution 

10 that has a role in preparing teachers; or 

11 ‘‘(B) a non-profit, research-based organiza12 tion. 

13 ‘‘(e) ACTIVITIES.—An eligible partnership that re14 ceives a grant under this section— 

15 ‘‘(1) shall use the grant funds to— 

16 ‘‘(A) develop or strengthen an under17 graduate, postbaccalaureate, or master’s teach18 er preparation program by integrating special 

19 education pedagogy into the general education 

20 curriculum and academic content that results in 

21 applicable dual State certification for teacher 

22 candidates who complete the program; 

23 ‘‘(B) develop or strengthen an under24 graduate, postbaccalaureate, or master’s teach25 er preparation program by embedding social 

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1 and emotional learning strategies, inclusive 

2 practices, culturally responsive teaching, and 

3 nonexclusionary, positive behavior-management 

4 practices into the general education curriculum 

5 and academic content; 

6 ‘‘(C) provide teacher candidates partici7 pating in the program under subparagraph (A) 

8 with skills related to— 

9 ‘‘(i) response to intervention, positive 

10 behavioral interventions and supports (in11 cluding eliminating the use of aversive 

12 interventions such as seclusion and re13 straints), differentiated instruction, and 

14 data-driven instruction (including the use 

15 of data to identify and address disparities 

16 in rates of discipline among student sub17 groups); 

18 ‘‘(ii) universal design for learning; 

19 ‘‘(iii) determining and utilizing accom20 modations for instruction and assessments 

21 for students with disabilities; 

22 ‘‘(iv) collaborating with stakeholders 

23 such as special educators, related services 

24 providers, out-of-school time providers, and 

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1 ualized education program development 

2 and implementation; 

3 ‘‘(v) appropriately utilizing technology 

4 and assistive technology for students with 

5 disabilities; and 

6 ‘‘(vi) effectively and equitably using 

7 technology for digital and blended learning; 

8 ‘‘(D) provide teacher candidates partici9 pating in the program under subparagraph (B) 

10 with skills related to— 

11 ‘‘(i) social and emotional learning 

12 competencies; 

13 ‘‘(ii) positive behavior interventions 

14 and supports or multitiered systems of 

15 support; 

16 ‘‘(iii) trauma-informed care; 

17 ‘‘(iv) evidenced-based restorative jus18 tice practices; 

19 ‘‘(v) culturally responsive teaching 

20 and anti-bias training that is evidence21 based; and 

22 ‘‘(E) provide extensive clinical experience 

23 for participants described in subparagraphs (A) 

24 and (B) with mentoring and induction support 

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1 throughout the program that continues during 

2 the first 2 years of full-time teaching. 

3 ‘‘(f) APPLICATION.— 

4 ‘‘(1) APPLICATION REQUIREMENTS.—An eligi5 ble partnership seeking a grant under this section 

6 shall submit an application to the Secretary at such 

7 time, in such manner, and containing such informa8 tion as the Secretary may require. Such application 

9 shall include— 

10 ‘‘(A) a self-assessment by the eligible part11 nership of the existing teacher preparation pro12 gram at the institution of higher education and 

13 needs related to preparing general education 

14 teacher candidates to instruct students with dis15 abilities; and 

16 ‘‘(B) an assessment of the existing per17 sonnel needs for general education teachers who 

18 instruct students with disabilities, performed by 

19 the high-need local educational agency described 

20 in subsection (d)(1)(C). 

21 ‘‘(2) PEER REVIEW.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 convene a peer review committee to review ap24 plications for grants under this subpart and to 

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1 ing the selection of eligible partnerships for 

2 such grants. 

3 ‘‘(B) MEMBERSHIP.—Members of the peer 

4 review committee shall be recognized experts in 

5 the fields of special education, social and emo6 tional learning, teacher preparation, and gen7 eral education and shall not be in a position to 

8 benefit financially from any grants awarded 

9 under this section. 

10 ‘‘(g) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 

11 awarding grants under this subpart, the Secretary shall, 

12 to the maximum extent possible, provide for an equitable 

13 geographic distribution of such grants. 

14 ‘‘(h) EVALUATIONS.— 

15 ‘‘(1) BY THE PARTNERSHIP.— 

16 ‘‘(A) IN GENERAL.—An eligible partner17 ship receiving a grant under this subpart shall 

18 conduct an evaluation at the end of the grant 

19 period to determine— 

20 ‘‘(i) the effectiveness of the general 

21 education teachers who completed a pro22 gram under subsection (c)(1) with respect 

23 to instruction of students with disabilities 

24 in general education classrooms; and 

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1 ‘‘(ii) the systemic impact of the activi2 ties carried out by such grant on how each 

3 institution of higher education that is a 

4 member of the partnership prepares teach5 ers for instruction in elementary schools 

6 and secondary schools. 

7 ‘‘(B) REPORT TO THE SECRETARY.—Each 

8 eligible partnership performing an evaluation 

9 under subparagraph (A) shall report the find10 ings of such evaluation to the Secretary. 

11 ‘‘(2) REPORT BY THE SECRETARY.—Not later 

12 than 180 days after the last day of the grant period 

13 for which an evaluation was conducted under para14 graph (1), the Secretary shall make available to the 

15 authorizing committees and the public the findings 

16 of the evaluations submitted under paragraph (1), 

17 and information on best practices related to effective 

18 instruction of students with disabilities in general 

19 education classrooms. 

20 ‘‘Subpart 3—Preparing Teachers for English-Learner 

21 Instruction 

22 ‘‘SEC. 251. TEACHING ENGLISH LEARNERS GRANT. 

23 ‘‘(a) AUTHORIZATION OF PROGRAM.—The Secretary 

24 shall award grants, on a competitive basis, to eligible part25 nerships to improve the preparation of teacher candidates 

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1 to ensure that such teacher candidates possess the knowl2 edge and skills necessary to effectively instruct English 

3 learners. 

4 ‘‘(b) DURATION OF GRANTS.—A grant under this 

5 section shall be awarded for a period of not more than 

6 5 years. 

7 ‘‘(c) NON-FEDERAL SHARE.—An eligible partnership 

8 that receives a grant under this section shall provide not 

9 less than 25 percent of the cost of the activities carried 

10 out with such grant from non-Federal sources, which may 

11 be provided in cash or in kind. 

12 ‘‘(d) ELIGIBLE PARTNERSHIP.—The term ‘eligible 

13 partnership’ means an eligible institution of higher edu14 cation in partnership with a high-need local educational 

15 agency or a high-need early childhood education program. 

16 ‘‘(e) USES OF FUNDS.—An eligible partnership that 

17 receives a grant under this section shall use the grant to— 

18 ‘‘(1) develop or strengthen an undergraduate, 

19 postbaccalaureate, or master’s teacher preparation 

20 program by integrating strategies for teaching 

21 English learners into the education curriculum and 

22 academic content; 

23 ‘‘(2) provide teacher candidates participating in 

24 a program under paragraph (1) with skills related 

25 to— 

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1 ‘‘(A) helping English learners— 

2 ‘‘(i) achieve at high levels in pre3 kindergarten programs, and elementary 

4 schools and secondary schools so that such 

5 English learners can meet the challenging 

6 State academic standards adopted under 

7 section 1111(b)(1) of the Elementary and 

8 Secondary Education Act of 1965 (20 

9 U.S.C. 6311(b)(1)) by the State of the 

10 school attended by the English learners, 

11 which all children in the State are expected 

12 to meet; and 

13 ‘‘(ii) attain English proficiency; 

14 ‘‘(B) appropriately identifying and meeting 

15 the specific learning needs of children with dis16 abilities who are English learners; 

17 ‘‘(C) recognizing and addressing the social 

18 and emotional needs of English learners; and 

19 ‘‘(D) promoting parental, family, and com20 munity engagement in educational programs 

21 that serve English learners; 

22 ‘‘(3) provide authentic clinical learning opportu23 nities for teacher candidates participating in the pro24 gram involving sustained interactions with teachers 

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1 grams, or elementary schools or secondary schools, 

2 to the extent practicable, or simulated environments 

3 at the eligible institution of higher education in4 volved, that foster in-depth, first-hand engagement 

5 with tasks required of a teacher providing instruc6 tion to English learners; and 

7 ‘‘(4) provide teacher candidates with the re8 quired coursework to qualify for an English-as-a-sec9 ond-language certification, endorsement, or initial 

10 teaching credential, as recognized by the State of the 

11 eligible partnership. 

12 ‘‘(f) APPLICATION.—An eligible partnership seeking 

13 a grant under this section shall submit an application to 

14 the Secretary at such time, in such manner, and con15 taining such information as the Secretary may require. 

16 Such application shall include— 

17 ‘‘(1) a self-assessment by the eligible partner18 ship of the existing teacher preparation program at 

19 the institution of higher education and the needs re20 lated to preparing teacher candidates to instruct 

21 English learners in the manner described in sub22 section (d)(2); and 

23 ‘‘(2) a self-assessment by the eligible partner24 ship of the personnel needs for teachers who instruct 

25 English learners at local, public prekindergarten 

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1 programs, and elementary schools and secondary 

2 schools. 

3 ‘‘(g) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 

4 awarding grants under this section, the Secretary shall, 

5 to the maximum extent possible, provide for an equitable 

6 geographic distribution of such grants. 

7 ‘‘(h) EVALUATIONS.— 

8 ‘‘(1) REPORT FROM ELIGIBLE PARTNER9 SHIPS.—An eligible partnership receiving a grant 

10 under this section shall submit to the Secretary the 

11 results of an evaluation conducted by the partner12 ship at the end of the grant period to determine— 

13 ‘‘(A) the effectiveness of teachers who com14 pleted a program under subsection (d)(1) with 

15 respect to instruction of English learners; and 

16 ‘‘(B) the systemic impact of the activities 

17 carried out by such grant on how such partner18 ship prepares teachers to provide instruction in 

19 prekindergarten programs, and elementary 

20 schools and secondary schools. 

21 ‘‘(2) REPORT FROM THE SECRETARY.—Not 

22 later than 180 days after the last day of the grant 

23 period under this section, the Secretary shall make 

24 available to the authorizing committees and the pub25 lic— 

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1 ‘‘(A) the findings of the evaluations sub2 mitted under paragraph (1); and 

3 ‘‘(B) information on best practices related 

4 to effective instruction of English learners. 

5 ‘‘Subpart 4—Graduate Fellowships To Prepare 

6 Faculty in High-Need Areas at Colleges of Education 

7 ‘‘SEC. 261. GRADUATE FELLOWSHIPS TO PREPARE FAC8 ULTY IN HIGH-NEED AREAS AT COLLEGES OF 

9 EDUCATION. 

10 ‘‘(a) GRANTS BY SECRETARY.—From the amounts 

11 provided to carry out this subpart, the Secretary shall 

12 award grants, on a competitive basis, to eligible institu13 tions to enable such institutions to make graduate fellow14 ship awards to qualified individuals in accordance with the 

15 provisions of this section. 

16 ‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the 

17 term ‘eligible institution’ means an institution of higher 

18 education, or a consortium of such institutions, that offers 

19 a program of postbaccalaureate study leading to a doctoral 

20 degree. 

21 ‘‘(c) APPLICATIONS.—An eligible institution that de22 sires a grant under this section shall submit an application 

23 to the Secretary at such time, in such manner, and con24 taining such information as the Secretary may reasonably 

25 require. 

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1 ‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.— 

2 ‘‘(1) IN GENERAL.—An eligible institution that 

3 receives a grant under this subpart shall use the 

4 grant funds to provide graduate fellowships to indi5 viduals who are preparing for the professorate in 

6 order to prepare individuals to become elementary 

7 school and secondary school science, technology, en8 gineering, and math teachers, special education 

9 teachers, and teachers who provide instruction for 

10 English-learners, who meet the applicable State cer11 tification and licensure requirements, including any 

12 requirements for certification obtained through alter13 native routes to certification, or, with regard to spe14 cial education teachers, the qualifications described 

15 in section 612(a)(14)(C) of the Individuals with Dis16 abilities Education Act. 

17 ‘‘(2) TYPES OF STUDY.—A graduate fellowship 

18 provided under this section shall support an indi19 vidual in pursuing postbaccalaureate study, which 

20 leads to a doctoral degree and may include a mas21 ter’s degree as part of such study, related to teacher 

22 preparation and pedagogy in one of the following 

23 areas: 

24 ‘‘(A) Science, technology, engineering, 

25 mathematics, and computer science, and their 

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1 related subfields, if the individual has completed 

2 a master’s degree in mathematics, engineering, 

3 science, or computer science and is pursuing a 

4 doctoral degree in mathematics, science, engi5 neering, or education. 

6 ‘‘(B) Special education. 

7 ‘‘(C) The instruction of English-learners, 

8 including postbaccalaureate study in language 

9 instruction educational programs. 

10 ‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.— 

11 ‘‘(1) SELECTION OF FELLOWS.—The Secretary 

12 shall ensure that an eligible institution that receives 

13 a grant under this subpart— 

14 ‘‘(A) shall provide graduate fellowship 

15 awards to individuals who plan to pursue a ca16 reer in instruction at an institution of higher 

17 education that has a teacher preparation pro18 gram; and 

19 ‘‘(B) may not provide a graduate fellow20 ship to an otherwise eligible individual— 

21 ‘‘(i) during periods in which such indi22 vidual is enrolled at an institution of high23 er education unless such individual is 

24 maintaining satisfactory academic progress 

25 in, and devoting full-time study or research 

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1 to, the pursuit of the degree for which the 

2 fellowship support was provided; or 

3 ‘‘(ii) if the individual is engaged in 

4 gainful employment, other than part-time 

5 employment related to teaching, research, 

6 or a similar activity determined by the in7 stitution to be consistent with and sup8 portive of the individual’s progress toward 

9 the degree for which the fellowship support 

10 was provided. 

11 ‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.— 

12 ‘‘(A) IN GENERAL.—An eligible institution 

13 that receives a grant under this subpart shall 

14 award stipends to individuals who are provided 

15 graduate fellowships under this subpart. 

16 ‘‘(B) AWARDS BASED ON NEED.—A sti17 pend provided under this subpart shall be in an 

18 amount equal to the level of support provided 

19 by the National Science Foundation graduate 

20 fellowships, except that such stipend shall be 

21 adjusted as necessary so as not to exceed the 

22 fellowship recipient’s demonstrated need, as de23 termined by the institution of higher education 

24 where the fellowship recipient is enrolled. 

25 ‘‘(3) SERVICE REQUIREMENT.— 

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1 ‘‘(A) TEACHING REQUIRED.—Each indi2 vidual who receives a graduate fellowship under 

3 this subpart and earns a doctoral degree shall 

4 teach for 1 year at an institution of higher edu5 cation that has a teacher preparation program 

6 for each year of fellowship support received 

7 under this section. 

8 ‘‘(B) INSTITUTIONAL OBLIGATION.—Each 

9 eligible institution that receives a grant under 

10 this subpart shall provide an assurance to the 

11 Secretary that the institution has inquired of 

12 and determined the decision of each individual 

13 who has received a graduate fellowship to, with14 in 3 years of receiving a doctoral degree, begin 

15 employment at an institution of higher edu16 cation that has a teacher preparation program, 

17 as required by this section. 

18 ‘‘(C) AGREEMENT REQUIRED.—Prior to 

19 receiving an initial graduate fellowship award, 

20 and upon the annual renewal of the graduate 

21 fellowship award, an individual selected to re22 ceive a graduate fellowship under this section 

23 shall sign an agreement with the Secretary 

24 agreeing to pursue a career in instruction at an 

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1 er preparation program in accordance with sub2 paragraph (A). 

3 ‘‘(D) FAILURE TO COMPLY.—If an indi4 vidual who receives a graduate fellowship award 

5 under this section fails to comply with the 

6 agreement signed pursuant to subparagraph 

7 (C), the sum of the amounts of any graduate 

8 fellowship award received by such recipient 

9 shall, upon a determination of such a failure, be 

10 treated as a Federal Direct Unsubsidized Staf11 ford Loan under part D of title IV, and shall 

12 be subject to repayment, together with interest 

13 thereon accruing from the date of the fellowship 

14 award, in accordance with terms and conditions 

15 specified by the Secretary in regulations under 

16 this subpart. 

17 ‘‘(E) MODIFIED SERVICE REQUIREMENT.— 

18 The Secretary may waive or modify the service 

19 requirement of this paragraph in accordance 

20 with regulations promulgated by the Secretary 

21 with respect to the criteria to determine the cir22 cumstances under which compliance with such 

23 service requirement is inequitable or represents 

24 a substantial hardship. The Secretary may 

25 waive the service requirement if compliance by 

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1 the fellowship recipient is determined to be in2 equitable or represent a substantial hardship— 

3 ‘‘(i) because the individual is perma4 nently and totally disabled at the time of 

5 the waiver request; or 

6 ‘‘(ii) based on documentation pre7 sented to the Secretary of substantial eco8 nomic or personal hardship. 

9 ‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An 

10 eligible institution that receives a grant under this section 

11 may reserve not more than ten percent of the grant 

12 amount for academic and career transition support for 

13 graduate fellowship recipients and for meeting the institu14 tional obligation described in subsection (e)(3)(B). 

15 ‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible 

16 institution that receives a grant under this section may 

17 not use grant funds for general operational overhead of 

18 the institution. 

19 ‘‘Subpart 5—General Provisions 

20 ‘‘SEC. 281. COMPETITIVE PRIORITY. 

21 ‘‘In awarding grants under subparts 1 through 4, the 

22 Secretary shall award competitive priority to eligible insti23 tutions, eligible partnerships, and eligible entities that 

24 demonstrate in the application for such a grant a plan 

25 to— 

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1 ‘‘(1) increase the diversity in the educator 

2 workforce through— 

3 ‘‘(A) recruiting, enrolling, and preparing 

4 diverse teacher candidates; and 

5 ‘‘(B) efforts that help retain diverse teach6 er candidates in high-needs schools; 

7 ‘‘(2) address the shortage of teachers in high8 needs fields including science, technology, engineer9 ing, arts, mathematics, or computer science 

10 through— 

11 ‘‘(A) recruiting, enrolling, and preparing 

12 teacher candidates to achieve certification, as 

13 required by the State, to offer instruction in 

14 high-needs fields, including science, technology, 

15 engineering, arts, mathematics, or computer 

16 science; and 

17 ‘‘(B) efforts that help retain teachers of 

18 high-needs fields in high-needs schools; 

19 ‘‘(3) expand the pipeline of school leaders 

20 through preparing teacher leaders, which may be 

21 achieved by efforts that may include— 

22 ‘‘(A) embedding pedagogical coursework 

23 for teacher candidates that fosters— 

24 ‘‘(i) leadership and advocacy skills; 

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1 ‘‘(ii) knowledge of school management 

2 and finance; 

3 ‘‘(iii) school operations and business 

4 skills; 

5 ‘‘(iv) effective use and management of 

6 educational technology; 

7 ‘‘(v) strategies for community and 

8 family engagement; and 

9 ‘‘(vi) mentorship and coaching strate10 gies; and 

11 ‘‘(B) providing opportunities for teacher 

12 candidates to receive— 

13 ‘‘(i) exposure to and modeling from 

14 teacher leaders and school leaders; and 

15 ‘‘(ii) ongoing support and continu16 ation of professional development on teach17 er or other school leadership once exiting 

18 the teacher or other school leader prepara19 tion program.’’. 

20 TITLE III—INSTITUTIONAL AID 

21 SEC. 3001. STRENGTHENING INSTITUTIONS. 

22 (a) PROGRAM PURPOSE.—Section 311(d) of the 

23 Higher Education Act of 1965 (20 U.S.C. 1057(d)) is 

24 amended— 

25 (1) in paragraph (2)— 

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1 (A) by striking ‘‘non-Federal sources’’ and 

2 inserting ‘‘non-Federal sources (which may in3 clude gifts to the endowment fund restricted for 

4 a specific purpose)’’; and 

5 (B) by striking ‘‘or greater than’’ and in6 serting ‘‘50 percent of’’; and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) SCHOLARSHIP.—An eligible institution 

10 that uses grant funds provided under this section to 

11 establish or increase an endowment fund may use 

12 the interest proceeds from such endowment to pro13 vide scholarships to students for the purposes of at14 tending such institution.’’. 

15 (b) TRIBALLY CONTROLLED COLLEGES AND UNI16 VERSITIES.—Section 316(c) of the Higher Education Act 

17 of 1965 (20 U.S.C. 1059c(c)) is amended— 

18 (1) in paragraph (2)— 

19 (A) in subparagraph (D), by striking ‘‘In20 dians’’ and all that follows through ‘‘policy’’ 

21 and inserting ‘‘American Indians and Alaska 

22 Natives are underrepresented, instruction in 

23 Native American language, and instruction to 

24 support tribal governance, tribal public policy, 

25 and tribal history and sovereignty;’’ and 

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1 (B) in subparagraph (L) by striking ‘‘out2 reach’’ and all that follows through ‘‘education’’ 

3 and inserting ‘‘outreach and recruitment activi4 ties and programs that encourage American In5 dian and Alaska Native elementary school stu6 dents, secondary school students, and adults to 

7 develop the academic skills and the interest to 

8 pursue and succeed in postsecondary edu9 cation’’; and 

10 (2) in paragraph (3)— 

11 (A) in subparagraph (B)— 

12 (i) by striking ‘‘matching funds’’ and 

13 inserting ‘‘matching funds (which may in14 clude gifts to the endowment fund re15 stricted for a specific purpose)’’; and 

16 (ii) by striking ‘‘equal to the Federal 

17 funds’’ and inserting ‘‘equal to 50 percent 

18 of the Federal funds’’; and 

19 (B) by inserting after subparagraph (C) 

20 the following: 

21 ‘‘(D) SCHOLARSHIPS.—An eligible institu22 tion that uses grant funds provided under this 

23 section to establish or increase an endowment 

24 fund may use the interest proceeds from such 

223 

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1 endowment to provide scholarships to students 

2 for the purposes of attending such institution.’’. 

3 (c) ELIMINATION OF PRE-APPROVAL REQUIREMENT; 

4 USE OF UNEXPENDED FUNDS.—Section 316(d) of the 

5 Higher Education Act of 1965 (20 U.S.C. 1059c(d)) is 

6 amended— 

7 (1) by striking paragraph (1); 

8 (2) by redesignating paragraphs (2) through 

9 (4) as paragraphs (1) through (3), respectively; and 

10 (3) in paragraph (2), as so redesignated, by 

11 adding at the end the following: 

12 ‘‘(C) USE OF UNEXPENDED FUNDS.—Any 

13 funds paid to an institution and not expended 

14 or used for the purposes for which the funds 

15 were paid during the 5-year period following the 

16 date of the initial grant award, may be carried 

17 over and expended during the succeeding 5-year 

18 period, if such funds were obligated for a pur19 pose for which the funds were paid during the 

20 5-year period following the date of the initial 

21 grant award.’’. 

22 (d) PROMOTING THE SUSTAINABILITY OF NATIVE

23 AMERICAN LANGUAGES.—Part A of title III of the Higher 

24 Education Act of 1965 (20 U.S.C. 1057 et seq.) is further 

224 

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1 amended by inserting after section 316 (20 U.S.C. 1059c) 

2 the following: 

3 ‘‘SEC. 316A. NATIVE AMERICAN LANGUAGE VITALIZATION 

4 AND TRAINING PROGRAM. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—From the amount appro7 priated under subsection (d), the Secretary shall es8 tablish the Native American Language Vitalization 

9 and Training Program under which the Secretary 

10 shall award grants, on a competitive basis, to eligible 

11 institutions to promote the preservation, revitaliza12 tion, relevancy, and use of Native American lan13 guages. 

14 ‘‘(2) TERM.—The term of a grant under this 

15 section shall be not more than 5 years. 

16 ‘‘(3) APPLICATION.— 

17 ‘‘(A) STREAMLINED PROCESS.—In car18 rying out the program under this section, the 

19 Secretary shall establish application require20 ments in such a manner as to simplify and 

21 streamline the process for the grant application 

22 under this section. 

23 ‘‘(B) IN GENERAL.—To be eligible to re24 ceive a grant under this subsection, an eligible 

25 institution shall submit to the Secretary an apVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00224 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 plication at such time, in such manner, and in 

2 accordance with any other application require3 ments described in subparagraph (A), that the 

4 Secretary may prescribe, and including the fol5 lowing: 

6 ‘‘(i) A description of the 5-year pro7 gram of the eligible institution for meeting 

8 the needs of American Indians, Alaska Na9 tives, Native Hawaiians, or Native Amer10 ican Pacific Islanders, as appropriate, in 

11 the area served by the institution, and how 

12 such plan is consistent with the purposes 

13 described in paragraph (1). 

14 ‘‘(ii)(I) An identification of the popu15 lation to be served by the eligible institu16 tion; and 

17 ‘‘(II) an identification of the status of 

18 Native American language understanding 

19 and use within that population and a de20 scription of the manner in which the pro21 gram will help preserve and revitalize the 

22 relevant Native American language. 

23 ‘‘(iii) A description of the services to 

24 be provided under the program, including 

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1 tegrated with other appropriate language 

2 programs available in the relevant commu3 nity. 

4 ‘‘(iv) A description, to be prepared in 

5 consultation with the Secretary, of the per6 formance measures to be used to assess 

7 the performance of the eligible institution 

8 in carrying out the program. 

9 ‘‘(b) USE OF FUNDS.—An eligible institution may 

10 use a grant under this section to carry out activities con11 sistent with the purposes described in subsection (a)(1), 

12 including— 

13 ‘‘(1) curriculum development and academic in14 struction, including educational activities, programs, 

15 and partnerships relating to students in early child16 hood education programs through grade 12; 

17 ‘‘(2) professional development for faculty at the 

18 eligible institution and in-service training programs 

19 for early childhood education programs through 

20 grade 12 instructors and administrators; and 

21 ‘‘(3) innovative Native American language pro22 grams for students in early childhood education pro23 grams through grade 12, including language immer24 sion programs. 

25 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.— 

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1 ‘‘(1) CONCURRENT FUNDING.— 

2 ‘‘(A) TRIBAL COLLEGE OR UNIVERSITY.— 

3 An eligible institution that is a Tribal College 

4 or University may, concurrently, receive a grant 

5 under this section and funds under section 316. 

6 ‘‘(B) ALASKA NATIVE-SERVING INSTITU7 TION OR NATIVE HAWAIIAN-SERVING INSTITU8 TION.—An eligible institution that is an Alaska 

9 Native-serving institution or Native Hawaiian10 serving institution may, concurrently, receive a 

11 grant under this section and funds under sec12 tion 317. 

13 ‘‘(C) ASIAN AMERICAN AND NATIVE AMER14 ICAN PACIFIC ISLANDER-SERVING INSTITU15 TION.—An eligible institution that is an Asian 

16 American and Native American Pacific Is17 lander-serving institution may, concurrently, re18 ceive a grant under this section and funds 

19 under section 320. 

20 ‘‘(2) EXEMPTION.—Sections 312(b) and 313(d) 

21 shall not apply to an eligible institution that receives 

22 a grant under this section. 

23 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 

25 $20,000,000 (of which $15,000,000 shall be available for 

228 

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1 Tribal Colleges or Universities and $5,000,000 shall be 

2 available for the institutions described in subparagraphs 

3 (B) through (D) of subsection (e)(1)) for fiscal year 2021 

4 and each of the 5 succeeding fiscal years. 

5 ‘‘(e) DEFINITIONS.—In this section: 

6 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi7 ble institution’ means— 

8 ‘‘(A) a Tribal College or University, as de9 fined in section 316; 

10 ‘‘(B) an Alaska Native-serving institution, 

11 as defined in section 317; 

12 ‘‘(C) a Native Hawaiian-serving institu13 tion, as defined in section 317; or 

14 ‘‘(D) an Asian American and Native Amer15 ican Pacific Islander-serving institution, as de16 fined in section 320, which is located in Amer17 ican Samoa, Guam, or the Commonwealth of 

18 the Northern Mariana Islands. 

19 ‘‘(2) NATIVE AMERICAN.—The term ‘Native 

20 American’ has the meaning given the term in section 

21 371(c)(6).’’. 

22 (e) PREDOMINANTLY BLACK INSTITUTIONS.—Sec23 tion 318(d)(3) of the Higher Education Act of 1965 (20 

24 U.S.C. 1059e(d)(3)) is amended— 

25 (1) in subparagraph (B)— 

229 

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1 (A) by striking ‘‘non-Federal sources’’ and 

2 inserting ‘‘non-Federal sources (which may in3 clude gifts to the endowment fund restricted for 

4 a specific purpose)’’; and 

5 (B) by striking ‘‘equal to or greater than 

6 the Federal funds’’ and inserting ‘‘equal to 50 

7 percent of the Federal funds’’; and 

8 (2) by inserting after subparagraph (C) the fol9 lowing: 

10 ‘‘(D) SCHOLARSHIPS.—An eligible institu11 tion that uses grant funds provided under this 

12 section to establish or increase an endowment 

13 fund may use the interest proceeds from such 

14 endowment to provide scholarships to students 

15 for the purposes of attending such institution.’’. 

16 (f) TECHNICAL CORRECTION TO SECTION 317.—Sec17 tion 317(d)(3)(A) of the Higher Education Act of 1965 

18 (20 U.S.C. 1059d(d)(3)(A)) is amended to read as follows: 

19 ‘‘(A) ELIGIBILITY.—No Alaskan Native20 serving institution of Native Hawaiian-serving 

21 institution that receives funds under this sec22 tion shall concurrently receive funds under 

23 other provisions of this part, part B, or part A 

24 of title V.’’. 

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1 (g) TECHNICAL CORRECTION TO SECTION 318.— 

2 Section 318(i) of the Higher Education Act of 1965 (20 

3 U.S.C. 1059e) is amended— 

4 (1) in the subsection heading, by striking ‘‘SPE5 CIAL RULE ON ELIGIBILITY’’ and inserting ‘‘SPE6 CIAL RULES’’ ; 

7 (2) by striking ‘‘No Predominantly’’ and insert8 ing the following: 

9 ‘‘(1) ELIGIBILITY.—No Predominantly’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(2) EXEMPTION.—Section 313(d) shall not 

12 apply to institutions that are eligible to receive funds 

13 under this section.’’. 

14 (h) TECHNICAL CORRECTION TO SECTION 320.— 

15 Section 320(d)(3)(A) of the Higher Education Act of 1965 

16 (20 U.S.C. 1059g(d)(3)(A)) is amended by inserting ‘‘part 

17 A of’’ after ‘‘or’’. 

18 SEC. 3002. STRENGTHENING HISTORICALLY BLACK COL19 LEGES AND UNIVERSITIES. 

20 (a) ALLOWABLE USES OF FUNDS.—Section 323(a) 

21 of the Higher Education Act of 1965 (20 U.S.C. 1062(a)) 

22 is amended— 

23 (1) by striking paragraphs (6) and (7) and in24 serting the following: 

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1 ‘‘(6) Tutoring, counseling, advising, and stu2 dent service programs designed to improve academic 

3 success, including innovative and customized instruc4 tional courses (which may include remedial edu5 cation and English language instruction) designed to 

6 help retain students and move students rapidly into 

7 core courses and through program completion. 

8 ‘‘(7) Funds and administrative management, 

9 and acquisition of technology, services, and equip10 ment for use in strengthening funds and administra11 tive management.’’; 

12 (2) in paragraph (10)— 

13 (A) by striking ‘‘teacher education’’ and 

14 inserting ‘‘traditional or alternative route teach15 er preparation’’; and 

16 (B) by striking ‘‘preparation for teacher 

17 certification’’ and inserting ‘‘preparation of 

18 graduates for teacher certification or licensure’’; 

19 (3) by redesignating paragraph (15) as para20 graph (19); and 

21 (4) by inserting after paragraph (14) the fol22 lowing: 

23 ‘‘(15) Distance education programs and cre24 ating or improving facilities for internet or other dis25 tance learning academic instruction capabilities, inVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00231 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 cluding the purchase or rental of telecommunications 

2 technology equipment or services. 

3 ‘‘(16) Establishing or improving a program that 

4 produces improved results in the educational out5 comes of African American males. 

6 ‘‘(17) Scholarships, fellowships, and other fi7 nancial assistance for financially needy under8 graduate students, as determined by the institution, 

9 to permit the enrollment and degree completion of 

10 such students in the physical or natural sciences, en11 gineering, mathematics or other scientific disciplines 

12 in which African Americans are underrepresented, 

13 except that not more than 30 percent of the grant 

14 amount may be used for this purpose. 

15 ‘‘(18) Establishing or improving an office of 

16 sponsored programs to assist with identifying exter17 nal funding opportunities, applying for external 

18 funding, and administering grant awards.’’. 

19 (b) HISTORICALLY BLACK COLLEGES AND UNIVER20 SITIES.—Section 323(b) of the Higher Education Act of 

21 1965 (20 U.S.C. 1062(b)) is amended— 

22 (1) in paragraph (2)— 

23 (A) by striking ‘‘non-Federal sources’’ and 

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1 clude gifts to the endowment fund restricted for 

2 a specific purpose)’’; and 

3 (B) by striking ‘‘equal to or greater than 

4 the Federal funds’’ and inserting ‘‘equal to 50 

5 percent of the Federal funds’’; and 

6 (2) by inserting after paragraph (3) the fol7 lowing: 

8 ‘‘(4) SCHOLARSHIPS.—An eligible institution 

9 that uses grant funds provided under this section to 

10 establish or increase an endowment fund may use 

11 the interest proceeds from such endowment to pro12 vide scholarships to students for the purposes of at13 tending such institution.’’. 

14 (c) ALLOTMENTS AND APPLICATION PROCESS.— 

15 (1) ALLOTMENTS.—Section 324 of the Higher 

16 Education Act of 1965 (20 U.S.C. 1063) is amend17 ed— 

18 (A) in subsection (c), by striking ‘‘5’’ and 

19 inserting ‘‘6’’; 

20 (B) in subsection (d)(1), by striking sub21 paragraphs (A) and (B) and inserting the fol22 lowing: 

23 ‘‘(A) less than $500,000 for a part B insti24 tution which has received a grant under this 

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1 tution an allotment in the amount of $500,000; 

2 and 

3 ‘‘(B) less than $250,000 for a part B insti4 tution which has not received a grant under 

5 this part for a fiscal year prior to fiscal year 

6 2019, the Secretary shall award the part B in7 stitution an allotment in the amount of 

8 $250,000.’’; and 

9 (C) in subsection (h)— 

10 (i) in paragraphs (1)(C) and (2)(C), 

11 by striking ‘‘within 5 years’’ each time it 

12 appears and inserting ‘‘within 6 years’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(3) LIMITATION FOR NEW INSTITUTIONS.— 

17 Notwithstanding any other provision of this section, 

18 no part B institution that would otherwise be eligible 

19 for funds under this part shall receive an allotment 

20 under this part for a fiscal year, unless— 

21 ‘‘(A) such institution received an allotment 

22 under this part for fiscal year 2019; or 

23 ‘‘(B) the amount appropriated under sec24 tion 399(a)(2)(A) for such fiscal year is not less 

25 than $282,420,000.’’. 

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1 (2) APPLICATIONS.—Section 325(c) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1063a(c)) 

3 is amended by inserting ‘‘, including goals to en4 hance student retention, graduation, and post5 graduate outcomes,’’ after ‘‘management and aca6 demic programs’’. 

7 (d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 

8 Section 326(c) of the Higher Education Act of 1965 (20 

9 U.S.C. 1063b(c)) is amended— 

10 (1) in paragraph (7)— 

11 (A) by striking ‘‘equipment,’’ and inserting 

12 ‘‘equipment, technology, and services,’’; and 

13 (B) by inserting ‘‘and administrative’’ 

14 after ‘‘in strengthening funds’’; 

15 (2) by redesignating paragraph (12) as para16 graph (13); and 

17 (3) by striking paragraph (11) and inserting 

18 the following: 

19 ‘‘(11) tutoring, counseling, advising, and stu20 dent service programs designed to improve academic 

21 success, including innovative and customized instruc22 tional courses (which may include remedial edu23 cation and English language instruction) designed to 

24 help retain students and move students rapidly into 

25 core courses and through program completion; and 

236 

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1 ‘‘(12) distance education programs and creating 

2 or improving facilities for internet or other distance 

3 learning academic instruction capabilities, including 

4 the purchase or rental of telecommunications tech5 nology equipment or services; and’’. 

6 (e) ELIGIBILITY.—Section 326(e)(1) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1063b(e)) is amend8 ed— 

9 (1) in subparagraph (W), by striking ‘‘and’’ at 

10 the end; 

11 (2) in subparagraph (X), by striking the period 

12 at the end and inserting ‘‘; and’’; and 

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

14 ‘‘(Y) University of the Virgin Islands 

15 School of Medicine.’’. 

16 (f) CONFORMING AMENDMENT.—Section 326(f) of 

17 the Higher Education Act of 1965 (20 U.S.C. 1063b(f)) 

18 is amended by striking ‘‘through (X)’’ both places it ap19 pears and inserting ‘‘through (Y)’’. 

20 (g) INTERACTION WITH OTHER GRANT PRO21 GRAMS.—Section 326(h) of the Higher Education Act of 

22 1965 (20 U.S.C. 1063b(h)) is amended by striking ‘‘or 

23 724’’ and inserting ‘‘724, 727, or 729.’’. 

237 

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1 SEC. 3003. HISTORICALLY BLACK COLLEGE AND UNIVER2 SITY CAPITAL FINANCING. 

3 (a) BOND INSURANCE AND CAPITAL FINANCE OF

4 STEM FACILITIES.—Section 343 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1066b) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (1), by striking ‘‘an es8 crow account’’ and inserting ‘‘a bond insurance 

9 fund’’; 

10 (B) in paragraph (3), by inserting ‘‘(except 

11 that loans for the purpose of science, tech12 nology, engineering, or mathematics related 

13 academic facilities shall carry not more than a 

14 1 percent rate of interest)’’ after ‘‘charge such 

15 interest on loans’’; 

16 (C) in paragraph (8)— 

17 (i) in the matter preceding subpara18 graph (A), by striking ‘‘an escrow ac19 count’’ and inserting ‘‘a bond insurance 

20 fund’’; and 

21 (ii) in subparagraph (A), by striking 

22 ‘‘the escrow account’’ and inserting ‘‘the 

23 bond insurance fund’’; 

24 (D) in paragraph (9), by striking ‘‘escrow 

25 account’’ each place it appears and inserting 

26 ‘‘bond insurance fund’’; and 

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1 (E) in paragraph (12), by striking ‘‘, ex2 cept as otherwise required by the Secretary’’; 

3 and 

4 (2) in subsection (c), by striking ‘‘escrow ac5 count’’ each place it appears and inserting ‘‘bond in6 surance fund’’. 

7 (b) INCREASED AGGREGATE BOND LIMIT.—Section 

8 344 of the Higher Education Act of 1965 (20 U.S.C. 

9 1066c) is amended— 

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

11 striking ‘‘$1,100,000,000’’ and inserting 

12 ‘‘$3,600,000,000’’; 

13 (2) in paragraph (1), by striking 

14 ‘‘$733,333,333’’ and inserting ‘‘two-thirds’’; and 

15 (3) in paragraph (2), by striking 

16 ‘‘$366,666,667’’ and inserting ‘‘one-third’’. 

17 (c) STRENGTHENING TECHNICAL ASSISTANCE.— 

18 Section 345 of the Higher Education Act of 1965 (20 

19 U.S.C. 1066d) is amended— 

20 (1) in paragraph (8), by inserting ‘‘and’’ at the 

21 end; 

22 (2) by striking paragraph (9) and inserting the 

23 following: 

24 ‘‘(9) may, directly or by grant or contract, pro25 vide financial counseling and technical assistance to 

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1 eligible institutions to prepare the institutions to 

2 qualify, apply for, and maintain a capital improve3 ment loan, including a loan under this part.’’; and 

4 (3) by striking paragraph (10) and inserting 

5 the following: 

6 ‘‘(10) may provide for the modification or 

7 deferment of a loan made under this part based on 

8 need of the institution, as defined by the Secretary, 

9 for a period not to exceed 6 fiscal years, and, during 

10 the period of deferment of such a loan, interest on 

11 the loan will not accrue or be capitalized.’’. 

12 (d) HBCU CAPITAL FINANCING ADVISORY

13 BOARD.—Paragraph (2) of Section 347(c) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1066f(c)) is amended 

15 to read as follows: 

16 ‘‘(2) REPORT.—On an annual basis, the Advi17 sory Board shall prepare and submit to the author18 izing committees a report on— 

19 ‘‘(A) the financial status of the historically 

20 Black colleges and universities described in 

21 paragraph (1)(A); 

22 ‘‘(B) an overview of all loans awarded 

23 under the program under this part, including 

24 the most recent loans awarded for the fiscal 

25 year in which the report is submitted; and 

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1 ‘‘(C) administrative and legislative rec2 ommendations for addressing the issues related 

3 to construction financing facing historically 

4 Black colleges and universities.’’. 

5 SEC. 3004. STRENGTHENING HISTORICALLY BLACK COL6 LEGES AND UNIVERSITIES AND OTHER MI7 NORITY-SERVING INSTITUTIONS. 

8 Section 371(b) of the Higher Education Act of 1965 

9 (20 U.S.C. 1067q(b)) is amended— 

10 (1) in paragraph (1)(A)— 

11 (A) in the first sentence, by striking ‘‘ap12 propriated,’’ and all that follows through 

13 ‘‘2019’’ and inserting the following: ‘‘appro14 priated, $300,000,000 for fiscal year 2021 and 

15 each succeeding fiscal year’’; and 

16 (B) by striking the second sentence; and 

17 (2) in paragraph (2)— 

18 (A) in subparagraph (A)— 

19 (i) in clause (i), by striking 

20 ‘‘$100,000,000’’ and inserting 

21 ‘‘$117,500,000’’; 

22 (ii) in clause (ii), by striking 

23 ‘‘$100,000,000’’ and inserting 

24 ‘‘$99,875,000’’; 

25 (iii) in clause (iii)— 

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1 (I) by striking ‘‘$55,000,000’’ 

2 and inserting ‘‘$65,000,000’’; and 

3 (II) by striking ‘‘(D)’’ and insert4 ing ‘‘(E)’’; 

5 (iv) by redesignating clause (iii) as 

6 clause (iv); and 

7 (v) by inserting after clause (ii) the 

8 following: 

9 ‘‘(iii) $17,625,000 shall be available 

10 for allocation under subparagraph (D);’’; 

11 (B) by redesignating subparagraph (D) as 

12 subparagraph (E) and— 

13 (i) in clause (i), by striking 

14 ‘‘$30,000,000’’ each place it appears and 

15 inserting ‘‘$35,000,000’’; 

16 (ii) in clause (ii), by striking 

17 ‘‘$15,000,000’’ each place it appears and 

18 inserting ‘‘$18,000,000’’; and 

19 (iii) in clauses (iii) and (iv), by strik20 ing ‘‘$5,000,000’’ each place it appears 

21 and inserting ‘‘$6,000,000’’; and 

22 (C) by striking subparagraph (C) and in23 serting the following: 

24 ‘‘(C) ALLOCATION AND ALLOTMENT

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1 tion under this subparagraph by subparagraph 

2 (A)(ii) for any fiscal year shall be available to 

3 eligible institutions described in subsection 

4 (a)(1) and shall be made available as grants 

5 under section 323 and allotted among such in6 stitutions under section 324, treating such 

7 amount, plus the amount appropriated for such 

8 fiscal year in a regular or supplemental appro9 priation Act to carry out part B of this title, as 

10 the amount appropriated to carry out part B of 

11 this title for purposes of allotments under sec12 tion 324, for use by such institutions with a 

13 priority for— 

14 ‘‘(i) activities described in paragraphs 

15 (1), (2), (4), (5), and (10) of section 

16 323(a); and 

17 ‘‘(ii) other activities, consistent with 

18 the institution’s comprehensive plan and 

19 designed to increase the institution’s ca20 pacity to prepare students for careers in 

21 the physical or natural sciences, mathe22 matics, computer science or information 

23 technology or sciences, engineering, lan24 guage instruction in the less-commonly 

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1 taught languages or international affairs, 

2 or nursing or allied health professions. 

3 ‘‘(D) ALLOCATION AND ALLOTMENT

4 PBIS.—The amount made available for alloca5 tion under this subparagraph by subparagraph 

6 (A)(iii) for any fiscal year shall be available to 

7 eligible institutions described in subsection 

8 (a)(5) and shall be available for a competitive 

9 grant program to award grants of $600,000 an10 nually for programs in any of the following 

11 areas: 

12 ‘‘(i) science, technology, engineering, 

13 or mathematics (STEM); 

14 ‘‘(ii) health education; 

15 ‘‘(iii) internationalization or globaliza16 tion; 

17 ‘‘(iv) teacher preparation; or 

18 ‘‘(v) improving educational outcomes 

19 of African American males.’’. 

20 SEC. 3005. GENERAL PROVISIONS. 

21 Section 399(a) of the Higher Education Act of 1965 

22 (20 U.S.C. 1068h(a)) is amended— 

23 (1) by striking ‘‘2009’’ each place it appears 

24 and inserting ‘‘2021’’; 

25 (2) in paragraph (1)— 

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1 (A) in subparagraph (A), by striking 

2 ‘‘$135,000,000’’ and inserting ‘‘$150,000,000’’; 

3 (B) in subparagraph (B), by striking 

4 ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’; 

5 (C) in subparagraph (C), by striking 

6 ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’; 

7 (D) in subparagraph (D), by striking 

8 ‘‘$75,000,000’’ and inserting ‘‘$90,000,000’’; 

9 (E) in subparagraph (E), by striking 

10 ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’; 

11 and 

12 (F) in subparagraph (F), by striking 

13 ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’; 

14 (3) in paragraph (2)— 

15 (A) in subparagraph (A), by striking 

16 ‘‘$375,000,000’’ and inserting ‘‘$400,000,000’’; 

17 and 

18 (B) in subparagraph (B), by striking 

19 ‘‘$125,000,000’’ and inserting ‘‘$135,000,000’’; 

20 (4) in paragraph (3), by striking 

21 ‘‘$10,000,000’’ and inserting ‘‘$220,000,000’’; and 

22 (5) in paragraph (4)(A), by striking 

23 ‘‘$185,000’’ and inserting ‘‘$225,000’’. 

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1 TITLE IV—STUDENT ASSISTANCE 

2 SEC. 4001. EFFECTIVE DATE. 

3 Except as otherwise provided in this title or the 

4 amendments made by this title, this title and the amend5 ments made by this title shall take effect on July 1, 2021. 

6 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

7 AT INSTITUTIONS OF HIGHER EDUCATION 

8 Subpart 1—Federal Pell Grants 

9 SEC. 4011. AMOUNT OF GRANTS. 

10 Section 401 of the Higher Education Act of 1965 (20 

11 U.S.C. 1070a) is amended— 

12 (1) in subsection (a)(1)— 

13 (A) by striking ‘‘through fiscal year 2017’’; 

14 and 

15 (B) by inserting ‘‘or as a postbaccalaureate 

16 in accordance with subsection (c)(1)(B)’’ after 

17 ‘‘as an undergraduate’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (2)(A)(ii), by striking 

20 ‘‘paragraph (7)(B)’’ and inserting ‘‘paragraph 

21 (6)(B)’’; 

22 (B) by striking paragraph (6), and redesig23 nating paragraph (7) as paragraph (6); and 

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1 (C) in paragraph (6)(C) (as so redesig2 nated), by amending clause (iii) to read as fol3 lows: 

4 ‘‘(iii) SUBSEQUENT AWARD YEARS.— 

5 ‘‘(I) AWARD YEARS 2018–2019, 

6 2019–2020 AND 2020–2021.—For each 

7 of the award years 2018–2019, 2019– 

8 2020, and 2020–2021 the amount de9 termined under this subparagraph for 

10 purposes of subparagraph (B)(iii) 

11 shall be equal to the amount deter12 mined under clause (ii) for award year 

13 2017–2018. 

14 ‘‘(II) AWARD YEAR 2021–2022.— 

15 For award year 2021–2022, the 

16 amount determined under this sub17 paragraph for purposes of subpara18 graph (B)(iii) shall be equal to— 

19 ‘‘(aa) $6,195 or the total 

20 maximum Federal Pell Grant for 

21 the preceding award year (as de22 termined under clause (iv)(II)), 

23 whichever is greater, increased by 

24 $500; reduced by 

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1 ‘‘(bb) $5,135 or the max2 imum Federal Pell Grant for 

3 which a student was eligible for 

4 the preceding award year, as 

5 specified in the last enacted ap6 propriation Act applicable to that 

7 year, whichever is greater, and 

8 ‘‘(cc) rounded to the nearest 

9 $5. 

10 ‘‘(III) AWARD YEAR 2022–2023

11 AND EACH SUBSEQUENT AWARD

12 YEAR.—For award year 2022–2023 

13 and each subsequent award year, the 

14 amount determined under this sub15 paragraph for purposes of subpara16 graph (B)(iii) shall be equal to— 

17 ‘‘(aa) $6,695 or the total 

18 maximum Federal Pell Grant for 

19 the preceding award year (as de20 termined under clause (iv)(II)), 

21 whichever is greater, increased by 

22 a percentage equal to the annual 

23 adjustment percentage for the 

24 award year for which the amount 

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1 under this subparagraph is being 

2 determined; reduced by 

3 ‘‘(bb) $5,135 or the max4 imum Federal Pell Grant for 

5 which a student was eligible for 

6 the preceding award year, as 

7 specified in the last enacted ap8 propriation Act applicable to that 

9 year, whichever is greater; and 

10 ‘‘(cc) rounded to the nearest 

11 $5.’’; 

12 (3) in subsection (f)— 

13 (A) in paragraph (1), by striking the mat14 ter preceding subparagraph (A) and inserting 

15 the following: ‘‘After receiving an application 

16 for a Federal Pell Grant under this subpart, the 

17 Secretary (including any contractor of the Sec18 retary processing applications for Federal Pell 

19 Grants under this subpart) shall, in a timely 

20 manner, furnish to the student financial aid ad21 ministrator at each institution of higher edu22 cation that a student awarded a Federal Pell 

23 Grant under this subpart is attending, the ex24 pected family contribution for each such stuVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 dent. Each such student financial administrator 

2 shall—’’; and 

3 (B) in paragraph (3), by striking ‘‘after 

4 academic year 1986–1987’’; and 

5 (4) in subsection (j)— 

6 (A) in paragraph (1) by inserting before 

7 the period the following: ‘‘, or if such institution 

8 of higher education is subject to an ineligibility 

9 determination under section 435(a)(9) or 

10 493I(b)’’; and 

11 (B) in paragraph (2) by inserting ‘‘, final 

12 adjusted cohort default rate, or on-time repay13 ment rate’’ before ‘‘determination’’. 

14 SEC. 4012. GRANT ELIGIBILITY. 

15 Section 401(c) of the Higher Education Act of 1965 

16 (20 U.S.C. 1070a(c)) is amended— 

17 (1) by amending paragraph (1) to read as fol18 lows: 

19 ‘‘(1) PERIOD OF ELIGIBILITY FOR GRANTS.— 

20 The period during which a student may receive Fed21 eral Pell Grants shall be the period required for the 

22 completion of the first undergraduate baccalaureate 

23 course of study being pursued by that student at the 

24 institution at which the student is in attendance ex25 cept that— 

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1 ‘‘(A) any period during which the student 

2 is enrolled in a noncredit or remedial course of 

3 study as defined in paragraph (2) shall not be 

4 counted for the purpose of this paragraph; and 

5 ‘‘(B) the period during which a student 

6 may receive Federal Pell Grants shall also in7 clude the period required for the completion of 

8 the first postbaccalaureate course of study at 

9 an eligible institution that meets the definition 

10 of institution of higher education in section 

11 101, in a case in which— 

12 ‘‘(i) the student received a Federal 

13 Pell Grant during the period required for 

14 the completion of the student’s first under15 graduate baccalaureate course of study for 

16 fewer than 14 semesters, or the equivalent 

17 of fewer than 14 semesters, as determined 

18 under paragraph (5); 

19 ‘‘(ii) the student would otherwise be 

20 eligible for a Federal Pell Grant, but for 

21 the completion of such baccalaureate 

22 course of study; and 

23 ‘‘(iii) the period during which the stu24 dent receives Federal Pell Grants does not 

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1 exceed the student’s duration limits under 

2 paragraph (5).’’; and 

3 (2) in paragraph (5)— 

4 (A) by striking ‘‘(5) The period’’ and in5 serting the following: ‘‘(5) MAXIMUM PERIOD.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B), the period’’; 

8 (B) by striking ‘‘12’’ each place the term 

9 appears and inserting ‘‘14’’; and 

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

11 ‘‘(B) EXCEPTION.— 

12 ‘‘(i) IN GENERAL.—Any Federal Pell 

13 Grant that a student received during a pe14 riod described in subclause (I) or (II) of 

15 clause (ii) shall not count toward the stu16 dent’s duration limits under this para17 graph. 

18 ‘‘(ii) APPLICABLE PERIODS.—Clause 

19 (i) shall apply with respect to any Federal 

20 Pell Grant awarded to a student to attend 

21 an institution— 

22 ‘‘(I) during a period— 

23 ‘‘(aa) for which the student 

24 received a loan under this title; 

25 and 

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1 ‘‘(bb) for which the loan de2 scribed in item (aa) is forgiven 

3 under— 

4 ‘‘(AA) section 437(c)(1) 

5 or 464(g)(1) due to the clos6 ing of the institution; 

7 ‘‘(BB) section 493H 

8 due to the student’s success9 ful assertion of a defense to 

10 repayment of the loan; or 

11 ‘‘(CC) section 

12 432(a)(6), section 685.215 

13 of title 34, Code of Federal 

14 Regulations (or a successor 

15 regulation), or any other 

16 loan forgiveness provision or 

17 regulation under this Act, as 

18 a result of a determination 

19 by the Secretary or a court 

20 that the institution com21 mitted fraud or other mis22 conduct; or 

23 ‘‘(II) during a period for which 

24 the student did not receive a loan 

25 under this title but for which, if the 

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1 student had received such a loan, the 

2 student would have qualified for loan 

3 forgiveness under subclause (I)(bb).’’. 

4 SEC. 4013. EXTENDING FEDERAL PELL GRANT ELIGIBILITY 

5 OF CERTAIN SHORT-TERM PROGRAMS. 

6 (a) IN GENERAL.—Section 401 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1070a) is amended by in8 serting after subsection (j) the following: 

9 ‘‘(k) JOB TRAINING FEDERAL PELL GRANT PRO10 GRAM.— 

11 ‘‘(1) IN GENERAL.—For the award year begin12 ning on July 1, 2021, and each subsequent award 

13 year, the Secretary shall carry out a program 

14 through which the Secretary shall award job training 

15 Federal Pell Grants to students in eligible job train16 ing programs approved by the Secretary in accord17 ance with paragraph (4). 

18 ‘‘(2) TERMS AND CONDITIONS.—Each job train19 ing Federal Pell Grant awarded under this sub20 section shall have the same terms and conditions, 

21 and be awarded in the same manner, as a Federal 

22 Pell Grant awarded under subsection (a), except as 

23 follows: 

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1 ‘‘(A) A student who is eligible to receive a 

2 job training Federal Pell Grant under this sub3 section is a student who— 

4 ‘‘(i) has not yet attained a 

5 postbaccalaureate degree; and 

6 ‘‘(ii) is enrolled, or accepted for en7 rollment, in an eligible job training pro8 gram at an institution of higher education. 

9 ‘‘(B) The amount of a job training Federal 

10 Pell Grant for an eligible student shall be deter11 mined under subsection (b), except that sub12 section (b)(4) shall not apply. 

13 ‘‘(3) TREATMENT OF JOB TRAINING FEDERAL

14 PELL GRANT.— 

15 ‘‘(A) INCLUSION IN TOTAL ELIGIBILITY

16 PERIOD.—The period during which a student 

17 received a job training Federal Pell Grant 

18 under this subsection shall be included in calcu19 lating the duration limits with respect to such 

20 student under subsection (c)(5) and to the ex21 tent that such period was a fraction of a semes22 ter or the equivalent, only that same fraction of 

23 such semester or equivalent shall count towards 

24 such duration limits. 

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1 ‘‘(B) PREVENTION OF DOUBLE BENE2 FITS.—No student may for the same payment 

3 period receive both a job training Federal Pell 

4 Grant under this subsection and a Federal Pell 

5 Grant under subsection (a). 

6 ‘‘(4) APPROVAL OF ELIGIBLE JOB TRAINING

7 PROGRAMS.— 

8 ‘‘(A) ELIGIBLE JOB TRAINING PROGRAM.— 

9 An eligible job training program shall be a ca10 reer and technical education program at an in11 stitution of higher education that the Secretary 

12 determines meets the following requirements: 

13 ‘‘(i) The job training program pro14 vides not less than 150, and less than 600, 

15 clock hours of instructional time over a pe16 riod of not less than 8, and less than 15, 

17 weeks. 

18 ‘‘(ii) The job training program pro19 vides training aligned with the require20 ments of high-skill, high-wage, or in-de21 mand industry sectors or occupations in 

22 the State or local area in which the job 

23 training program is provided, as deter24 mined by an industry or sector partnership 

25 in such State or local area. 

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1 ‘‘(iii) The job training program has 

2 been determined by the institution of high3 er education and by such industry or sec4 tor partnership to provide academic con5 tent, an amount of instructional time, and 

6 a recognized postsecondary credential that 

7 are sufficient to— 

8 ‘‘(I) meet the hiring requirements 

9 of potential employers in the sectors 

10 or occupations described in clause (ii); 

11 and 

12 ‘‘(II) satisfy any applicable edu13 cational prerequisite requirement for 

14 professional license or certification, so 

15 that a student who completes the pro16 gram and seeks employment is quali17 fied to take any licensure or certifi18 cation examination needed to practice 

19 or find employment in such sectors or 

20 occupations. 

21 ‘‘(iv) The job training program pre22 pares students to pursue related certificate 

23 or degree programs at an institution of 

24 higher education, including— 

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1 ‘‘(I) by ensuring the acceptability 

2 of the credits received under the job 

3 training program toward meeting such 

4 certificate or degree program require5 ments (such as through an articula6 tion agreement); and 

7 ‘‘(II) by ensuring that a student 

8 who completes noncredit coursework 

9 in the job training program, upon 

10 completion of the job training pro11 gram and enrollment in such a related 

12 certificate or degree program, will re13 ceive academic credit for such non14 credit coursework that will be accept15 ed toward meeting such certificate or 

16 degree program requirements. 

17 ‘‘(v) The job training program pro18 vides to the Secretary the annual earnings 

19 expected to be paid in the sectors or occu20 pations for which the program provides 

21 training not later than 6 months after 

22 completion of such program (in this sub23 section referred to as the ‘expected earn24 ings’), as such earnings are determined by 

25 an industry or sector partnership in the 

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1 State or local area in which the program is 

2 provided, and which shall be— 

3 ‘‘(I) greater than the average or 

4 median annual earnings paid to indi5 viduals with only a high school di6 ploma (or the equivalent) based on the 

7 most recently available data from the 

8 Bureau of Labor Statistics or the Bu9 reau of the Census with respect to 

10 such State or local area, or the Nation 

11 as a whole, as selected by such pro12 gram; 

13 ‘‘(II) validated by the Secretary; 

14 and 

15 ‘‘(III) used to review the job 

16 training program under subparagraph 

17 (C). 

18 ‘‘(vi) The job training program is part 

19 of a career pathway, and includes coun20 seling for students to— 

21 ‘‘(I) support each such student in 

22 achieving the student’s education and 

23 career goals; and 

24 ‘‘(II) ensure that each such stu25 dent receives information on— 

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1 ‘‘(aa) the sectors or occupa2 tions described in clause (ii) for 

3 which the job training program 

4 provides training (including the 

5 expected earnings to be paid, 

6 and, if available, the mean and 

7 median earnings (described in 

8 subparagraph (C)(ii)) paid, in 

9 such sectors or occupations); and 

10 ‘‘(bb) the related certificate 

11 or degree programs described in 

12 clause (iv) for which the job 

13 training program provides prepa14 ration. 

15 ‘‘(vii) The job training program meets 

16 the requirements under section 104 that 

17 are applicable to a program of training to 

18 prepare students for gainful employment in 

19 a recognized occupation. 

20 ‘‘(viii) The job training program does 

21 not exceed by more than 50 percent the 

22 minimum number of clock hours required 

23 by a State to receive a professional license 

24 or certification in the State. 

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1 ‘‘(ix) The job training program is pro2 vided by an institution of higher education 

3 that— 

4 ‘‘(I) is approved by an accred5 iting agency or association that meets 

6 the requirements of section 

7 496(a)(4)(C); 

8 ‘‘(II) during the preceding 5 

9 years, has not been subject to any ad10 verse actions or negative actions by 

11 the accrediting agency or association 

12 of the institution, State or Federal en13 forcement agencies, or the Secretary; 

14 ‘‘(III) is listed on the provider 

15 list under section 122(d) of the Work16 force Innovation and Opportunity Act 

17 (29 U.S.C. 3152(d)); and 

18 ‘‘(IV) has a designated official 

19 responsible for engaging with the 

20 workforce development system in the 

21 State or local area in which the job 

22 training program is provided. 

23 ‘‘(x) The job training program has a 

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1 ments of clauses (i) and (iii) of section 

2 481(b)(2)(A), respectively, and satisfies 

3 the criteria described in clause (v) of such 

4 section. 

5 ‘‘(xi) The State board representing 

6 the State in which the job training pro7 gram is provided certifies to the Secretary 

8 that the program meets the requirements 

9 of clauses (ii), (viii), and (ix)(III). 

10 ‘‘(B) INITIAL APPROVAL BY THE SEC11 RETARY.—Not later than 180 days after the 

12 date on which a job training program is sub13 mitted for approval under this subparagraph, 

14 the Secretary shall make a determination as to 

15 whether such job training program is an eligible 

16 job training program in accordance with sub17 paragraph (A). 

18 ‘‘(C) REVIEW OF APPROVAL.— 

19 ‘‘(i) IN GENERAL.—Not later than 3 

20 years after the date an eligible job training 

21 program is approved under subparagraph 

22 (B), and not less than once every 3 years 

23 thereafter, the Secretary shall, using the 

24 data collected under paragraph (5) and 

25 such other information as the Secretary 

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1 may require, determine whether such job 

2 training program continues to meet the re3 quirements of subparagraph (A). 

4 ‘‘(ii) REQUIREMENTS.—Subject to 

5 clause (iii), a determination under clause 

6 (i) that a job training program continues 

7 to meet the requirements of subparagraph 

8 (A) shall, at a minimum, require the Sec9 retary to determine that the mean or me10 dian earnings (whichever is higher) paid to 

11 students not later than 6 months after 

12 completing such program is equal to or 

13 greater than the expected earnings of the 

14 program. 

15 ‘‘(iii) EXCEPTION AND APPEALS.— 

16 ‘‘(I) EXCEPTION.—The Secretary 

17 may extend, by not more than an ad18 ditional 6 months, the period by when, 

19 after completion of the job training 

20 program, the mean or median earn21 ings (whichever is higher) paid to stu22 dents meets the requirements of 

23 clause (ii), in a case in which the job 

24 training program requesting such ex25 tension provides sufficient justification 

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1 for such extension (as determined by 

2 the Secretary). 

3 ‘‘(II) APPEALS.—Not later than 

4 60 days after receiving notification 

5 from the Secretary of the loss of eligi6 bility resulting from the review under 

7 subparagraph (C), a job training pro8 gram may appeal any loss of eligibility 

9 under this subparagraph by dem10 onstrating extenuating circumstances. 

11 ‘‘(III) SECRETARIAL REQUIRE12 MENTS.—The Secretary shall issue a 

13 decision on any appeal submitted by a 

14 job training program under subclause 

15 (II) not later than 45 days after its 

16 submission. 

17 ‘‘(5) DATA COLLECTION.—Using the postsec18 ondary student data system established under sec19 tion 132(l) or a successor system (whichever in20 cludes the most recent data) to streamline reporting 

21 requirements and minimize reporting burdens, and 

22 in coordination with the National Center for Edu23 cation Statistics, the Secretary of Labor, and each 

24 institution of higher education offering an eligible 

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1 retary shall, on at least an annual basis, collect data 

2 with respect to each such eligible job training pro3 gram, including the following: 

4 ‘‘(A) The number and demographics of 

5 students who enroll in the program. 

6 ‘‘(B) The number of credits attempted and 

7 accumulated annually by students enrolled in 

8 the program. 

9 ‘‘(C) The share of such students who cease 

10 enrollment on or before the completion of 60 

11 percent of the payment period or period of en12 rollment. 

13 ‘‘(D) The verified completion rate and the 

14 verified annual earnings rate described in 

15 clauses (i) and (iii) of section 481(b)(2)(A), re16 spectively, for the program. 

17 ‘‘(E) The number and demographics of— 

18 ‘‘(i) students who complete the pro19 gram; and 

20 ‘‘(ii) students who do not complete the 

21 program. 

22 ‘‘(F) The outcomes of the students who 

23 complete the program, including— 

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1 ‘‘(i) the share of such students who 

2 continue enrollment at the institution of 

3 higher education offering the program; 

4 ‘‘(ii) the share of such students who 

5 transfer to another institution of higher 

6 education; 

7 ‘‘(iii) the share of such students who 

8 complete a subsequent certificate or degree 

9 program; 

10 ‘‘(iv) the share of such students who 

11 secure employment 6 months and 1 year, 

12 respectively— 

13 ‘‘(I) after completion of such pro14 gram; or 

15 ‘‘(II) in the case of a program 

16 that prepares students for a profes17 sional license or certification exam, 

18 after acquiring such license or certifi19 cation; 

20 ‘‘(v) the expected earnings in the sec21 tors or occupations for which the program 

22 provides training; 

23 ‘‘(vi) the mean and median earnings 

24 paid in such sectors or occupations to such 

25 students not later than 6 months after 

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1 completing such program (as described in 

2 paragraph (4)(C)(ii)); and 

3 ‘‘(vii) in the case of a job training 

4 program that prepares students for a pro5 fessional license or certification exams, the 

6 share of such students who pass such 

7 exams. 

8 ‘‘(6) TITLE OF JOB TRAINING FEDERAL PELL

9 GRANT.—Grants made under this subsection shall be 

10 known as ‘job training Federal Pell Grants’. 

11 ‘‘(7) DEFINITIONS.—In this subsection: 

12 ‘‘(A) ARTICULATION AGREEMENT.—The 

13 term ‘articulation agreement’ has the meaning 

14 given the term in section 486A. 

15 ‘‘(B) CAREER AND TECHNICAL EDU16 CATION.—The term ‘career and technical edu17 cation’ has the meaning given the term in sec18 tion 3 of the Carl D. Perkins Career and Tech19 nical Education Act (20 U.S.C. 2302). 

20 ‘‘(C) INSTITUTION OF HIGHER EDU21 CATION.—The term ‘institution of higher edu22 cation’ means an eligible institution for pur23 poses of this subpart that is an institution of 

24 higher education (as defined in section 101) or 

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1 a postsecondary vocational institution (as de2 fined in section 102(c)). 

3 ‘‘(D) WIOA DEFINITIONS.—The terms ‘ca4 reer pathway’, ‘industry or sector partnership’, 

5 ‘in-demand industry sector or occupation’, ‘rec6 ognized postsecondary credential’, ‘State board’, 

7 and ‘workforce development system’ have the 

8 meanings given such terms in section 3 of the 

9 Workforce Innovation and Opportunity Act (29 

10 U.S.C. 3102).’’. 

11 (b) REPORT.—Not later than 3 years after the date 

12 of enactment of this Act, the Secretary of Education 

13 shall— 

14 (1) submit to the Committee on Education and 

15 Labor of the House of Representatives and the Com16 mittee on Health, Education, Labor, and Pensions 

17 of the Senate a report on the impact of eligible job 

18 training programs described in subsection (k) of sec19 tion 401 of the Higher Education Act of 1965 (20 

20 U.S.C. 1079a), as added by this section, based on 

21 the most recent data collected under paragraph (5) 

22 of such subsection (k); and 

23 (2) make the report described in paragraph (1) 

24 available publicly on the website of the Department 

25 of Education. 

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1 SEC. 4014. PROVIDING FEDERAL PELL GRANTS FOR IRAQ 

2 AND AFGHANISTAN VETERAN’S DEPENDENTS. 

3 (a) AMENDMENT.—Section 401 of the Higher Edu4 cation Act of 1965 (20 U.S.C. 1070a et seq.) as amended 

5 by this subpart, is further amended by inserting after sub6 section (k) the following: 

7 ‘‘(l) SCHOLARSHIPS FOR VETERAN’S DEPEND8 ENTS.— 

9 ‘‘(1) DEFINITION OF ELIGIBLE VETERAN’S DE10 PENDENT.—In this subsection, the term ‘eligible vet11 eran’s dependent’ means a dependent or an inde12 pendent student— 

13 ‘‘(A) whose parent or guardian was a 

14 member of the Armed Forces of the United 

15 States and died as a result of performing mili16 tary service in Iraq or Afghanistan after Sep17 tember 11, 2001; and 

18 ‘‘(B) who, at the time of the parent or 

19 guardian’s death, was— 

20 ‘‘(i) less than 24 years of age; or 

21 ‘‘(ii) enrolled at an institution of high22 er education on a part-time or full-time 

23 basis. 

24 ‘‘(2) GRANTS.— 

25 ‘‘(A) IN GENERAL.—The Secretary shall 

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1 cordance with the requirements of this sub2 section, to each eligible veteran’s dependent to 

3 assist in paying the eligible veteran’s depend4 ent’s cost of attendance at an institution of 

5 higher education. 

6 ‘‘(B) DESIGNATION.—Federal Pell Grants 

7 made under this subsection may be known as 

8 ‘Iraq and Afghanistan Service Grants’. 

9 ‘‘(3) PREVENTION OF DOUBLE BENEFITS.—No 

10 eligible veteran’s dependent may receive a grant 

11 under both this subsection and subsection (a) or (k). 

12 ‘‘(4) TERMS AND CONDITIONS.—The Secretary 

13 shall award Iraq and Afghanistan Service Grants 

14 under this subsection in the same manner and with 

15 the same terms and conditions, including the length 

16 of the period of eligibility, as the Secretary awards 

17 Federal Pell Grants under subsection (a), except 

18 that— 

19 ‘‘(A) the award rules and determination of 

20 need applicable to the calculation of Federal 

21 Pell Grants under subsection (a) shall not apply 

22 to Iraq and Afghanistan Service Grants; 

23 ‘‘(B) the provisions of paragraph 

24 (2)(A)(iii) and (3) of subsection (b), and sub25 section (f), shall not apply; 

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1 ‘‘(C) the maximum period determined 

2 under subsection (c)(5) shall be determined by 

3 including all Iraq and Afghanistan Service 

4 Grants received by the eligible veteran’s de5 pendent, including such Grants received under 

6 subpart 10 before the date of enactment of the 

7 College Affordability Act; and 

8 ‘‘(D) an Iraq and Afghanistan Service 

9 Grant to an eligible veteran’s dependent for any 

10 award year shall equal the maximum Federal 

11 Pell Grant available under subsection (b)(5) for 

12 that award year, except that an Iraq and Af13 ghanistan Service Grant— 

14 ‘‘(i) shall not exceed the cost of at15 tendance of the eligible veteran’s depend16 ent for that award year; and 

17 ‘‘(ii) shall be adjusted to reflect the 

18 attendance by the eligible veteran’s de19 pendent on a less than full-time basis in 

20 the same manner as such adjustments are 

21 made for a Federal Pell Grant under sub22 section (a). 

23 ‘‘(5) ESTIMATED FINANCIAL ASSISTANCE.—For 

24 purposes of determinations of need under part F, an 

25 Iraq and Afghanistan Service Grant shall not be 

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1 treated as estimated financial assistance as de2 scribed in sections 471(3) and 480(j).’’. 

3 (b) EFFECTIVE DATE; TRANSITION.— 

4 (1) EFFECTIVE DATE.—The amendments made 

5 by this section shall take effect with respect to the 

6 award year that begins following the date of enact7 ment of this Act, and each succeeding award year. 

8 (2) TRANSITION.—The Secretary shall take 

9 such steps as are necessary to transition from the 

10 Iraq and Afghanistan Service Grants program under 

11 subpart 10 of part A of title IV of the Higher Edu12 cation Act of 1965 (20 U.S.C. 1070h), as in effect 

13 on the day before the effective date of this Act, and 

14 the Iraq and Afghanistan Service Grants program 

15 under section 401(l) of the Higher Education Act of 

16 1965 (20 U.S.C. 1070a(j)), as added by this section. 

17 SEC. 4015. FEDERAL PELL GRANT FRAUD PREVENTION. 

18 Section 401 of the Higher Education Act of 1965 (20 

19 U.S.C. 1070a et seq.), as amended by this subpart, is fur20 ther amended by inserting after subsection (l) the fol21 lowing: 

22 ‘‘(m) PREVENTION OF FRAUD.— 

23 ‘‘(1) REPORT.—Not later than December 31 of 

24 each year, the Secretary shall prepare and submit a 

25 report to the authorizing committees that includes 

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1 the following information with respect to unusual en2 rollment history: 

3 ‘‘(A) The number and percentage of total 

4 applicants who were flagged for an unusual en5 rollment history in the preceding award year. 

6 ‘‘(B) The number and percentage of insti7 tutions that have had fewer than 2 percent of 

8 applicants flagged for an unusual enrollment 

9 history in the preceding award year. 

10 ‘‘(C) The name of each institution that has 

11 had more than 2 percent of total applicants 

12 flagged for an unusual enrollment history in the 

13 preceding award year. 

14 ‘‘(D) If the percentage of total applicants 

15 in subparagraph (A) is greater than 2 percent, 

16 a detailed plan from the Secretary as to how to 

17 reduce that percentage below 2 percent by the 

18 following award year. 

19 ‘‘(2) DEFINITION.—For the purposes of this 

20 subsection the term ‘unusual enrollment history’ 

21 means, with respect to the application for Federal 

22 student aid— 

23 ‘‘(A) a pattern in which a student attends 

24 an institution long enough to receive a disburse25 ment of credit balance funds authorized by this 

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1 title, does not complete the enrollment period, 

2 enrolls at another institution and repeats this 

3 pattern to collect an additional credit balance of 

4 funds authorized by this title without earning 

5 academic credit; or 

6 ‘‘(B) any other enrollment pattern that the 

7 Department believes may signal an attempt by 

8 a student to receive funds authorized under this 

9 title in a fraudulent manner.’’. 

10 SEC. 4016. FEDERAL PELL GRANTS ON BEHALF OF INCAR11 CERATED INDIVIDUALS. 

12 (a) IN GENERAL.—Section 401 of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1070a), as amended by this 

14 subpart, is further amended by adding at the end the fol15 lowing: 

16 ‘‘(n) FEDERAL PELL GRANTS ON BEHALF OF INCAR17 CERATED INDIVIDUALS.— 

18 ‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eli19 gible institution may not award a Federal Pell Grant 

20 to an incarcerated individual or on behalf of such in21 dividual, unless the institution meets the following: 

22 ‘‘(A) The institution is approved to enroll 

23 incarcerated individuals by— 

24 ‘‘(i) the Secretary in accordance with 

25 paragraph (2); and 

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1 ‘‘(ii) an accrediting agency or associa2 tion that meets the requirements of section 

3 496(a)(4)(D). 

4 ‘‘(B) The eligible institution— 

5 ‘‘(i) is an institution of higher edu6 cation (as defined in section 101) or a 

7 postsecondary vocational institution (as de8 fined in section 102(c)); and 

9 ‘‘(ii) during the preceding 5 years, has 

10 not been subject to the denial, withdrawal, 

11 suspension, or termination of accreditation. 

12 ‘‘(C) The institution provides each incar13 cerated individual, upon completion of a course 

14 offered by the institution, with academic credits 

15 that are the equivalent to credits earned by 

16 non-incarcerated students for an equivalent 

17 course of study. 

18 ‘‘(D) The institution provides to the Sec19 retary confirmation from each facility involved 

20 that the course of study offered by the institu21 tion at such facility is accessible to incarcerated 

22 individuals (including such individuals who are 

23 individuals with disabilities). 

24 ‘‘(E) The institution does not enroll incar25 cerated individuals in a course of study offered 

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1 primarily as a distance education program, ex2 cept in a case in which the institution provides 

3 to the Secretary— 

4 ‘‘(i) confirmation that the distance 

5 education program offers levels of faculty 

6 interaction, peer engagement, and student 

7 support sufficient to enable incarcerated 

8 individuals to successfully participate in 

9 such a program; and 

10 ‘‘(ii) evidence of the institution’s suc11 cess in offering other distance education 

12 programs. 

13 ‘‘(F) The institution develops and carries 

14 out a process to allow each incarcerated indi15 vidual to access the transcripts and any other 

16 educational records of such individual held by 

17 the institution, without regard to the facility at 

18 which the individual is being held or whether 

19 the individual has been released from such a fa20 cility. 

21 ‘‘(G) The institution develops and carries 

22 out a process to allow each incarcerated indi23 vidual an opportunity to provide feedback on 

24 courses that is comparable to the opportunity to 

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1 provide such feedback that the institution offers 

2 to non-incarcerated students. 

3 ‘‘(H) The institution does not directly 

4 charge an incarcerated individual— 

5 ‘‘(i) in the case of such an individual 

6 who is an individual with a disability, for 

7 any cost of the provision of reasonable ac8 commodations for the individual to partici9 pate in a course of study offered by the in10 stitution; 

11 ‘‘(ii) in the case of such an individual 

12 with an expected family contribution for an 

13 award year that would not disqualify the 

14 individual from receiving a Federal Pell 

15 Grant, for any amount of the cost of at16 tendance not covered by the Federal Pell 

17 Grant or other Federal assistance received 

18 by the institution on behalf of the indi19 vidual by ensuring that any such amount 

20 is offset— 

21 ‘‘(I) by a State or institutional 

22 grant; or 

23 ‘‘(II) other non-Federal financial 

24 assistance that does not have to be re25 paid by such individual; or 

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1 ‘‘(iii) in the case of such an individual 

2 with an expected family contribution for an 

3 award year that would disqualify the indi4 vidual from receiving a Federal Pell Grant, 

5 an amount that exceeds such expected 

6 family contribution. 

7 ‘‘(I) The institution makes available to in8 carcerated individuals who are considering en9 rolling in a course of study offered by the insti10 tution, in simple and understandable terms, the 

11 following: 

12 ‘‘(i) Information with respect to each 

13 course of study at the institution for which 

14 such an individual may receive a Federal 

15 Pell Grant, including— 

16 ‘‘(I) the cost of attendance; 

17 ‘‘(II) the mode of instruction 

18 (such as distance education, in-person 

19 instruction, or a combination of such 

20 modes); 

21 ‘‘(III) how enrollment in such 

22 course of study will impact the period 

23 of eligibility for Federal Pell Grants 

24 for such an individual, including in a 

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1 ferred to another facility or released 

2 before the completion of such course; 

3 ‘‘(IV) the transferability of cred4 its earned, and the acceptability of 

5 such credits toward a certificate or 

6 degree program offered by the institu7 tion; 

8 ‘‘(V) the process for continuing 

9 postsecondary education— 

10 ‘‘(aa) upon transfer to an11 other facility; or 

12 ‘‘(bb) after the student’s pe13 riod of incarceration or confine14 ment; and 

15 ‘‘(VI) the process for continuing 

16 enrollment at the institution after the 

17 student’s period of incarceration or 

18 confinement, including any barriers to 

19 admission (such as criminal history 

20 questions on applications for admis21 sion to such institution). 

22 ‘‘(ii) In the case of an institution that 

23 offers a program to prepare incarcerated 

24 individuals for gainful employment in a 

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1 recognized occupation (as such term is de2 fined in section 104)— 

3 ‘‘(I) information on any applica4 ble State licensure and certification 

5 requirements, including the require6 ments of the State in which the facil7 ity involved is located and each State 

8 in which such individuals permanently 

9 reside; and 

10 ‘‘(II) restrictions related to the 

11 employment of formerly incarcerated 

12 individuals for each recognized occu13 pation for which the course of study 

14 prepares students, including such re15 strictions— 

16 ‘‘(aa) in Federal law; and 

17 ‘‘(bb) in the laws of the 

18 State in which the facility in19 volved is located and each State 

20 in which such individuals perma21 nently reside. 

22 ‘‘(J) The institution submits the informa23 tion described in subparagraph (I) to each facil24 ity involved, the Secretary, and the accrediting 

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1 agency or association described in subparagraph 

2 (A)(ii). 

3 ‘‘(2) APPROVAL BY THE SECRETARY.— 

4 ‘‘(A) INITIAL ELIGIBILITY.—With respect 

5 to an eligible institution that seeks to award 

6 Federal Pell Grants to incarcerated individuals 

7 under this subsection, the Secretary shall make 

8 an initial determination about whether such in9 stitution meets the requirements of this sub10 section, which shall include a confirmation that 

11 the institution— 

12 ‘‘(i) has secured the approval required 

13 under paragraph (1)(A)(ii); and 

14 ‘‘(ii) meets the requirements of para15 graph (1)(B). 

16 ‘‘(B) ONGOING ELIGIBILITY.—Not later 

17 than 5 years after the Secretary makes an ini18 tial determination under subparagraph (A) that 

19 an institution meets the requirements of this 

20 subsection, and not less than every 5 years 

21 thereafter, the Secretary shall determine wheth22 er such institution continues to meet the re23 quirements of this subsection, based on— 

24 ‘‘(i) a review of the data collected 

25 under paragraph (3) with respect to the 

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1 courses of study offered by such institution 

2 in which incarcerated individuals are en3 rolled, and other applicable information 

4 that may be available to the Secretary; and 

5 ‘‘(ii) whether such institution meets 

6 the requirements of paragraph (1). 

7 ‘‘(3) DATA COLLECTION.—The Secretary shall, 

8 on at least an annual basis, collect data with respect 

9 to each course of study offered by each institution 

10 at which incarcerated individuals are enrolled, in11 cluding— 

12 ‘‘(A) the demographics of such individuals; 

13 ‘‘(B) the share of such individuals receiv14 ing Federal Pell Grants; 

15 ‘‘(C) information on the academic out16 comes of such individuals (such as credits at17 tempted and earned, and credential and degree 

18 completion); 

19 ‘‘(D) to the extent practicable, information 

20 on post-release outcomes of such individuals 

21 (such as continued postsecondary enrollment, 

22 employment, and recidivism); and 

23 ‘‘(E) any data from student satisfaction 

24 surveys conducted by the institution or the fa25 cility involved regarding such course of study. 

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1 ‘‘(4) BEST PRACTICES IN EDUCATING INCAR2 CERATED INDIVIDUALS.—Not later than 3 years 

3 after the date of enactment of the College Afford4 ability Act, and at least once every 3 years there5 after, the Secretary shall collect and disseminate to 

6 institutions awarding Federal Pell Grants to incar7 cerated individuals under this subsection, best prac8 tices with respect to the postsecondary education of 

9 such individuals. 

10 ‘‘(5) DEFINITIONS.—In this subsection: 

11 ‘‘(A) FACILITY.—The term ‘facility’ 

12 means— 

13 ‘‘(i) a place used for the confinement 

14 of individuals convicted of a criminal of15 fense that is owned by, or under contract 

16 to, the Bureau of Prisons, a State, or a 

17 unit of local government; or 

18 ‘‘(ii) a facility to which an individual 

19 subject to involuntary civil confinement is 

20 committed. 

21 ‘‘(B) FACILITY INVOLVED.—The term ‘fa22 cility involved’ means, when used with respect 

23 to an institution of higher education, a facility 

24 at which a course of study of the institution is 

25 offered to incarcerated individuals. 

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1 ‘‘(C) INCARCERATED INDIVIDUAL.—The 

2 term ‘incarcerated individual’ means an indi3 vidual who is incarcerated in a facility or who 

4 is subject to an involuntary civil commitment. 

5 ‘‘(D) NON-INCARCERATED STUDENT.—The 

6 term ‘non-incarcerated student’ means a stu7 dent at an institution of higher education who 

8 is not an incarcerated individual.’’. 

9 (b) REPORT ON IMPACTS OF FEDERAL PELL GRANTS

10 AWARDED TO INCARCERATED INDIVIDUALS.—Not later 

11 than 3 years after the date of enactment of this Act, the 

12 Secretary of Education shall submit to the authorizing 

13 committees and make publicly available on the website of 

14 the Department of Education, a report on the impacts of 

15 subsection (n) of section 401 of the Higher Education Act 

16 of 1965 (20 U.S.C. 1070a), as added by this section, 

17 based on the most recent data collected under paragraph 

18 (3) of such subsection (n). 

19 Subpart 2—Federal Early Outreach and Student 

20 Services Programs 

21 CHAPTER 1—FEDERAL TRIO PROGRAMS 

22 SEC. 4021. PROGRAM AUTHORITY; AUTHORIZATION OF AP23 PROPRIATIONS. 

24 (a) IN GENERAL.—Section 402A of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1070a–11) is amended— 

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1 (1) in subsection (b)(3), by striking ‘‘$200,000’’ 

2 and all that follows through the period at the end 

3 and inserting the following: ‘‘$220,000, except that 

4 for any fiscal year for which such minimum indi5 vidual grant amount would result in fewer than 

6 2,780 grants awarded under this chapter, an indi7 vidual grant authorized under this chapter shall be 

8 awarded in an amount that would result in not fewer 

9 than 2,780 grants awarded under this chapter for 

10 such fiscal year.’’; 

11 (2) in subsection (c)— 

12 (A) by amending subparagraph (A) of 

13 paragraph (2) to read as follows: 

14 ‘‘(A) ACCOUNTABILITY FOR OUTCOMES.— 

15 In making grants under this chapter, the Sec16 retary shall consider each applicant’s prior suc17 cess in achieving high-quality service delivery, 

18 as determined under subsection (f) under the 

19 particular program for which funds are sought. 

20 The level of consideration given the factor of 

21 prior success in achieving high-quality service 

22 delivery shall not vary from the level of consid23 eration given such factor during fiscal years 

24 1994 through 1997, except that grants made 

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1 under section 402H shall not be given such con2 sideration.’’; 

3 (B) in paragraph (6)— 

4 (i) in the heading, by striking ‘‘WITH

5 OTHER PROGRAMS FOR DISADVANTAGED

6 STUDENTS’’; and 

7 (ii) by striking the last sentence; 

8 (C) by redesignating paragraphs (7) and 

9 (8) as paragraphs (8) and (9), respectively; 

10 (D) by inserting after paragraph (6) the 

11 following: 

12 ‘‘(7) INCLUSION OF HOMELESS AND FOSTER

13 STUDENTS.—The Secretary shall, as appropriate, re14 quire each applicant for funds under the programs 

15 authorized by this chapter (other than the programs 

16 authorized under section 402E or 402G) to identify 

17 and conduct outreach to foster care youth and home18 less individuals and make available to foster care 

19 youth and homeless individuals services under such 

20 programs, including mentoring, tutoring, and other 

21 services provided by such programs.’’; 

22 (E) in paragraph (8), as so redesignated, 

23 by striking ‘‘8 months’’ both places it appears 

24 and inserting ‘‘90 days’’; and 

25 (F) in paragraph (9), as so redesignated— 

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1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘Not later than 

3 180 days after the date of enactment 

4 of the Higher Education Opportunity 

5 Act,’’ and inserting ‘‘Not less than 90 

6 days before the date on which a com7 petition for a grant under this chapter 

8 begins,’’; 

9 (II) in clause (iii), by striking 

10 ‘‘prior experience’’ and inserting ‘‘ac11 countability for outcomes’’; and 

12 (III) in clause (v), by striking 

13 ‘‘prior experience’’ and inserting ‘‘ac14 countability for outcomes’’; 

15 (ii) by striking subparagraph (B) and 

16 redesignating subparagraph (C) as sub17 paragraph (B); and 

18 (iii) in subparagraph (B), as so redes19 ignated, by adding at the end the fol20 lowing: 

21 ‘‘(vii) TECHNICAL COMPONENTS OF

22 APPLICATIONS.— 

23 ‘‘(I) TREATMENT OF NONSUB24 STANTIVE TECHNICAL COMPONENTS

25 OF APPLICATIONS.—With respect to 

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1 any competition for a grant under this 

2 chapter, the Secretary may not reject 

3 grant applications on the sole basis of 

4 a failure to meet page limits and for5 matting standards (including with re6 spect to font size, font style, font 

7 type, line spacing, paragraph justifica8 tion, and page margins). 

9 ‘‘(II) TREATMENT OF TECHNICAL

10 BUDGET ERRORS IN APPLICATIONS.— 

11 ‘‘(aa) IN GENERAL.—With 

12 respect to any competition for a 

13 grant under this chapter, the 

14 Secretary may not reject grant 

15 applications on the sole basis of a 

16 typographical or rounding error 

17 in a proposed budget until the 

18 Secretary has given the applicant 

19 an opportunity for correction in 

20 accordance with item (bb). 

21 ‘‘(bb) NOTICE AND OPPOR22 TUNITY FOR CORRECTION.—The 

23 Secretary shall provide notice 

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1 cant before awarding grants for 

2 each competition and shall allow 

3 the applicant to submit a revised 

4 application that corrects the 

5 identified error. 

6 ‘‘(cc) TREATMENT OF RE7 VISED APPLICATIONS.—The Sec8 retary shall treat the revised ap9 plication in the same manner as 

10 a timely submitted application. 

11 ‘‘(dd) FAILURE TO COR12 RECT.—If an applicant has re13 ceived a notice and opportunity 

14 for correction of a typographical 

15 or rounding error in a proposed 

16 budget in accordance with item 

17 (bb) and the applicant fails to 

18 correct the error and submit a 

19 revised application, the Secretary 

20 may reject or penalize that grant 

21 application.’’; 

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

23 the following: ‘‘In addition, the Secretary shall host 

24 at least one virtual, interactive training to ensure 

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1 that any interested applicants have access to tech2 nical assistance.’’; 

3 (4) in subsection (e)— 

4 (A) in paragraph (1)— 

5 (i) by striking ‘‘or’’ at the end of sub6 paragraph (C); 

7 (ii) by striking the period at the end 

8 of subparagraph (D) and inserting a semi9 colon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(E) documentation that the student has been 

13 determined eligible for a Federal Pell Grant author14 ized under section 401; or 

15 ‘‘(F) for a grant authorized under section 402B 

16 or 402F of this chapter, documentation that a stu17 dent is attending a school that— 

18 ‘‘(i) elects, or for which the local edu19 cational agency serving the school elects on be20 half of the school, to receive special assistance 

21 payment under section 11(a)(1)(F)(ii) of the 

22 Richard B. Russell National School Lunch Act 

23 (42 U.S.C. 1759a(a)(1)(F)(ii)); or 

24 ‘‘(ii) had a percentage of enrolled students 

25 who were identified students (defined in clause 

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1 (i) of section 11(a)(1)(F) of such Act (42 

2 U.S.C. 1759a(a)(1)(F))) that meets or exceeds 

3 the threshold described in clause (viii) of such 

4 section (42 U.S.C. 1759a(a)(1)(F)) during the 

5 school year that ends prior to the first period 

6 for which such grant is awarded.’’; and 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘or’’ at the end of sub9 paragraph (C); 

10 (ii) by striking the period at the end 

11 of subparagraph (D) and inserting a semi12 colon; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(E) documentation that the student has been 

16 determined to be eligible for a Federal Pell Grant 

17 authorized under section 401; or 

18 ‘‘(F) for a grant authorized under section 402B 

19 or 402F of this chapter, documentation that a stu20 dent is attending a school that— 

21 ‘‘(i) elects, or for which the local edu22 cational agency serving the school elects on be23 half of the school, to receive special assistance 

24 payment under section 11(a)(1)(F)(ii) of the 

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1 Richard B. Russell National School Lunch Act 

2 (42 U.S.C. 1759a(a)(1)(F)(ii)); or 

3 ‘‘(ii) had a percentage of enrolled students 

4 who were identified students (defined in clause 

5 (i) of section 11(a)(1)(F) of such Act (42 

6 U.S.C. 1759a(a)(1)(F))) that meets or exceeds 

7 the threshold described in clause (viii) of such 

8 section (42 U.S.C. 1759a(a)(1)(F)) during the 

9 school year that ends prior to the first period 

10 for which such grant is awarded.’’; 

11 (5) in subsection (f)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘PRIOR EXPERIENCE’’ 

14 and inserting ‘‘ACCOUNTABILITY IN OUT15 COMES’’ in the heading; 

16 (ii) by striking ‘‘on or after January 

17 1, 2009’’ and inserting ‘‘on or after the 

18 date of enactment of the College Afford19 ability Act’’; and 

20 (iii) by striking ‘‘prior experience of’’ 

21 and inserting ‘‘success in achieving’’; 

22 (B) in paragraph (2), by striking ‘‘college 

23 students, and’’ and inserting ‘‘college students, 

24 foster care youth, homeless individuals, and’’; 

25 and 

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1 (C) in paragraph (3)— 

2 (i) in subparagraph (A)— 

3 (I) in clause (iv), by striking 

4 ‘‘will make such students eligible for 

5 programs such as the Academic Com6 petitiveness Grants Program’’ and in7 serting ‘‘includes at least 4 years of 

8 mathematics, 3 years of science, and 

9 2 years of a foreign language’’; 

10 (II) by redesignating clauses (v) 

11 and (vi) as clauses (vi) and (vii), re12 spectively; and 

13 (III) by inserting after clause (iv) 

14 the following: 

15 ‘‘(v) the completion of financial aid 

16 applications, including the Free Applica17 tion for Federal Student Aid described in 

18 section 483(a) and college admissions ap19 plications;’’. 

20 (ii) in subparagraph (B)— 

21 (I) by inserting ‘‘except in the 

22 case of programs that specifically tar23 get veterans,’’ after ‘‘under section 

24 402C,’’; 

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1 (II) in clause (v), by striking 

2 ‘‘will make such students eligible for 

3 programs such as the Academic Com4 petitiveness Grants Program’’ and in5 serting ‘‘includes at least 4 years of 

6 mathematics, 3 years of science, and 

7 2 years of a foreign language’’; 

8 (III) by redesignating clauses (vi) 

9 and (vii) as clauses (vii) and (viii), re10 spectively; and 

11 (IV) by inserting after clause (v) 

12 the following: 

13 ‘‘(vi) the completion of financial aid 

14 applications, including the Free Applica15 tion for Federal Student Aid described in 

16 section 483(a) and college admission appli17 cations;’’; 

18 (iii) by redesignating subparagraphs 

19 (C), (D), and (E), as subparagraphs (D), 

20 (E), and (F), respectively; 

21 (iv) by inserting after subparagraph 

22 (B) the following: 

23 ‘‘(C) For programs authorized under sec24 tion 402C that specifically target veterans, the 

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1 ceeded the entity’s objectives for such program 

2 regarding— 

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

4 number of students served by the program, 

5 as agreed upon by the entity and the Sec6 retary for the period of the program; 

7 ‘‘(ii) such students’ academic perform8 ance as measured by standardized tests; 

9 ‘‘(iii) the retention and completion of 

10 participants in the program; 

11 ‘‘(iv) the provision of assistance to 

12 students served by the program in com13 pleting financial aid applications, including 

14 the Free Application for Federal Student 

15 Aid described in section 483(a) and college 

16 admission applications; 

17 ‘‘(v) the enrollment of such students 

18 in an institution of higher education; and 

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

20 postsecondary completion of such stu21 dents.’’; 

22 (v) in subparagraph (D)(ii), as redes23 ignated in clause (iii)— 

24 (I) in subclause (I), by striking 

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1 rolled’’ and inserting ‘‘at any bacca2 laureate granting institution within 6 

3 years of initial enrollment in the 

4 project’’; and 

5 (II) in subclause (II), by striking 

6 items (aa) and (bb) and inserting the 

7 following: 

8 ‘‘(aa) the transfer of such stu9 dents to institutions of higher edu10 cation that offer baccalaureate de11 grees, regardless of whether the trans12 ferring student completes a degree or 

13 certificate; or 

14 ‘‘(bb) the completion of a degree 

15 or certificate by such students at any 

16 accredited institution within 4 years 

17 of initial enrollment in the project;’’; 

18 (vi) in subparagraph (E), as redesig19 nated— 

20 (I) in clause (iii), by striking ‘‘; 

21 and’’ and inserting ‘‘within 2 years of 

22 receiving the baccalaureate degree;’’; 

23 and 

24 (II) in clause (iv), by striking 

25 ‘‘graduate study and the attainment 

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1 of doctoral degrees by former program 

2 participants.’’ and inserting ‘‘graduate 

3 study; and 

4 ‘‘(v) the attainment of doctoral de5 grees by former program participants with6 in 10 years of receiving the baccalaureate 

7 degree.’’; and 

8 (vii) in subparagraph (F), as redesig9 nated— 

10 (I) in clause (i), by inserting 

11 ‘‘within 2 years of service’’ before the 

12 semicolon; and 

13 (II) in clause (ii), by inserting 

14 ‘‘or re-enrollment’’ after ‘‘the enroll15 ment’’; 

16 (6) in subsection (g)— 

17 (A) by striking ‘‘$900,000,000 for fiscal 

18 year 2009 and such sums as may be necessary 

19 for each of the five succeeding fiscal years.’’ 

20 and inserting ‘‘$1,120,000,000 for fiscal year 

21 2021, and each of the 5 succeeding fiscal years. 

22 The amount authorized to be appropriated in 

23 the preceding sentence for fiscal year 2022 and 

24 each of the 4 succeeding fiscal years shall be 

25 deemed increased by the annual adjustment 

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1 percentage. For purposes of this subsection, the 

2 term ‘adjustment percentage’ as applied to a 

3 fiscal year, means the estimated percentage 

4 change in the Consumer Price Index (as deter5 mined by the Secretary, using the definition in 

6 section 478(f)) for the most recent calendar 

7 year ending before the beginning of that fiscal 

8 year.’’; 

(B) by striking ‘‘1 9 ⁄2 of’’; 

10 (C) by striking ‘‘, and to provide’’ and in11 serting ‘‘, to provide’’; and 

12 (D) by striking ‘‘current grantees.’’ and all 

13 that follows through ‘‘additional readers.’’ and 

14 inserting ‘‘current grantees, and to carry out 

15 the requirements of subsection (c)(9)(A).’’; 

16 (7) in subsection (h)— 

17 (A) by striking paragraph (4) and insert18 ing the following: 

19 ‘‘(4) HOMELESS INDIVIDUAL.—The term 

20 ‘homeless individual’ has the meaning given the term 

21 ‘homeless children and youth’ under section 725 of 

22 the McKinney-Vento Homeless Assistance Act (42 

23 U.S.C. 11434a). 

24 ‘‘(5) LOW-INCOME INDIVIDUAL.—The term 

25 ‘low-income individual’ means— 

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1 ‘‘(A) an individual from a family whose 

2 taxable income for the preceding year did not 

3 exceed 150 percent of the poverty line applica4 ble to the individual’s family size as determined 

5 under section 673(2) of the Community Serv6 ices Block Grant Act (42 U.S.C. 9902(2)); 

7 ‘‘(B) an individual whose taxable income 

8 as reported on the individual’s most recently 

9 completed Free Application for Federal Student 

10 Aid under section 483(a) did not exceed 150 

11 percent of such poverty line; 

12 ‘‘(C) an individual who has been deter13 mined to be eligible for a Federal Pell Grant 

14 authorized under section 401; or 

15 ‘‘(D) for grants authorized under 402B 

16 and 402F of this chapter, a student who is at17 tending a school that— 

18 ‘‘(i) elects, or for which the local edu19 cational agency serving the school elects on 

20 behalf of the school, to receive special as21 sistance payment under section 

22 11(a)(1)(F)(ii) of the Richard B. Russell 

23 National School Lunch Act (42 U.S.C. 

24 1759a(a)(1)(F)(ii)); or 

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1 ‘‘(ii) had a percentage of enrolled stu2 dents who were identified students (defined 

3 in clause (i) of section 11(a)(1)(F) of such 

4 Act (42 U.S.C. 1759a(a)(1)(F))) that 

5 meets or exceeds the threshold described in 

6 clause (viii) of such section (42 U.S.C. 

7 1759a(a)(1)(F)) during the school year 

8 that ends prior to the first year of the pe9 riod for which such grant is awarded.’’; 

10 (B) by redesignating paragraph (5) as sub11 section (i) and subparagraphs (A) through (D) 

12 as paragraphs (1) through (4); and 

13 (C) by redesignating paragraph (6) as sub14 section (j); and 

15 (8) in subsection (j), as redesignated, by strik16 ing ‘‘subparagraph (A), (B), or (C) of paragraph 

17 (5)’’ and inserting ‘‘paragraph (1), (2), or (3) of 

18 subsection (i)’’. 

19 (b) CONFORMING AMENDMENTS.—Chapter 1 of sub20 part 2 of part A of title IV of the Higher Education Act 

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

22 (1) by striking ‘‘homeless children and youths 

23 as defined in section 725 of the McKinney-Vento 

24 Homeless Assistance Act’’ each place it appears and 

25 inserting ‘‘homeless individuals’’; and 

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1 (2) by striking ‘‘homeless children and youths 

2 (as such term is defined in section 725 of the 

3 McKinney-Vento Homeless Assistance Act (42 

4 U.S.C. 11434a))’’ each place it appears and insert5 ing ‘‘homeless individuals’’. 

6 SEC. 4022. TALENT SEARCH. 

7 Section 402B of the Higher Education Act of 1965 

8 (20 U.S.C. 1070a–12) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (2), by striking ‘‘and’’ at 

11 the end; 

12 (B) by redesignating paragraph (3) as 

13 paragraph (4); and 

14 (C) by inserting after paragraph (2) the 

15 following: 

16 ‘‘(3) to advise such youths regarding the post17 secondary education selection process, including con18 sideration of financial aid awards offered, potential 

19 Federal loan burden, and likelihood of graduating; 

20 and’’; 

21 (2) in subsection (b)— 

22 (A) by striking ‘‘and’’ at the end of para23 graph (5); and 

24 (B) by striking paragraph (6) and insert25 ing the following: 

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1 ‘‘(6) education or counseling services to assist 

2 students and their families regarding career choice; 

3 and 

4 ‘‘(7) connections to programs providing finan5 cial literacy and economic literacy so that students 

6 and their families are able to make informed choices 

7 regarding postsecondary education, including consid8 ering degree choices and potential Federal loan bur9 dens.’’; 

10 (3) in subsection (c)(2), by striking ‘‘career’’ 

11 and inserting ‘‘academic’’; and 

12 (4) in subsection (d)— 

13 (A) in paragraph (3), by striking ‘‘and’’ 

14 after the semicolon; 

15 (B) in paragraph (4), by striking the pe16 riod at the end and inserting a semicolon; and 

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

18 ‘‘(5) require an assurance that the entity car19 rying out the project has reviewed and revised poli20 cies and practices as needed to remove barriers to 

21 the participation and retention in the project of 

22 homeless individuals, including unaccompanied youth 

23 and foster care youth; 

24 ‘‘(6) require that such entity submit, as part of 

25 the application for the project, a description of the 

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1 activities that will be undertaken to reach out to 

2 such homeless individuals and foster care youth as 

3 part of the project; and 

4 ‘‘(7) require an assurance that such entity will 

5 prepare and submit the report required under sec6 tion 402H(e) at the conclusion of the project regard7 ing such homeless individuals and foster care 

8 youth.’’. 

9 SEC. 4023. UPWARD BOUND. 

10 Section 402C of the Higher Education Act of 1965 

11 (20 U.S.C. 1070a–13) is amended— 

12 (1) in subsection (b), by striking paragraphs 

13 (5) and (6) and inserting the following: 

14 ‘‘(5) assistance to students and their families 

15 regarding career choice; 

16 ‘‘(6) education or counseling services designed 

17 to education improve the financial literacy and eco18 nomic literacy of students or the students’ parents 

19 in order to aid them in making informed decisions 

20 about the postsecondary education selection process 

21 and assist students and their families in making in22 formed choices regarding the postsecondary edu23 cation selection process; and 

24 ‘‘(7) in the case of such a project that is not 

25 specifically designed for veterans, as part of core 

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1 curriculum, instruction in mathematics through pre2 calculus, science, foreign language, language arts, 

3 and literature, and in the case of such a project that 

4 is specifically designed for veterans, instruction in 

5 mathematics through pre-calculus, science, foreign 

6 language, and language arts.’’; 

7 (2) by striking subsections (c) and (g) and re8 designating subsections (d), (e), (f), and (h) as sub9 sections (c), (d), (e), and (f), respectively; 

10 (3) in subsection (c), as so redesignated— 

11 (A) in paragraph (1), by striking ‘‘youth’’ 

12 and inserting ‘‘participants’’; 

13 (B) in paragraph (2)— 

14 (i) by striking ‘‘youth participating in 

15 the project’’ and inserting ‘‘project partici16 pants’’; and 

17 (ii) by striking ‘‘youth;’’ and inserting 

18 ‘‘participants;’’ and 

19 (C) in paragraph (5), by striking ‘‘youth 

20 participating in the project’’ and inserting ‘‘par21 ticipants’’; and 

22 (4) in subsection (d), as so redesignated— 

23 (A) in paragraph (4), by striking ‘‘and’’ 

24 after the semicolon; 

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1 (B) in paragraph (5), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 ‘‘(6) require an assurance that the entity car5 rying out the project has reviewed and revised poli6 cies and practices as needed to remove barriers to 

7 the participation and retention in the project of 

8 homeless individuals, including unaccompanied youth 

9 and foster care youth; 

10 ‘‘(7) require that such entity submit, as part of 

11 the application, a description of the activities that 

12 will be undertaken to reach out to such homeless in13 dividuals and foster care youth regarding the 

14 project; and 

15 ‘‘(8) require an assurance that such entity will 

16 prepare and submit the report required under sec17 tion 402H(e) at the conclusion of the project regard18 ing such homeless individuals and foster care 

19 youth.’’; and 

20 (5) in subsection (e), as so redesignated— 

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

22 ‘‘$90’’; 

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

24 ‘‘$450’’; 

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

2 ‘‘$60’’; and 

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

4 ‘‘Adults participating in a project specifically 

5 targeting veterans under this section may be 

6 paid stipends not in excess of $100 per month 

7 during the year.’’. 

8 SEC. 4024. STUDENT SUPPORT SERVICES. 

9 Section 402D of the Higher Education Act of 1965 

10 (20 U.S.C. 1070a–14) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (3), by striking ‘‘limited 

13 English proficient’’ and inserting ‘‘low-income 

14 and first generation college students, including 

15 limited English proficient students’’; and 

16 (B) in paragraph (4), by striking ‘‘, includ17 ing—’’ and all that follows through the end of 

18 the paragraph and inserting a period; 

19 (2) in subsection (b)— 

20 (A) in paragraph (4), by striking ‘‘includ21 ing financial planning for postsecondary edu22 cation;’’ and inserting ‘‘including— 

23 ‘‘(A) financial planning for postsecondary 

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1 payment options, and expected earnings in po2 tential career fields; 

3 ‘‘(B) basic personal income, household 

4 money management, and financial planning 

5 skills; and 

6 ‘‘(C) basic economic decisionmaking 

7 skills.’’; 

8 (B) in paragraph (5), by striking ‘‘and’’ at 

9 the end; 

10 (C) in paragraph (6), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(7) basic and emergency supplemental living 

14 assistance grants in accordance with subsection 

15 (f).’’; 

16 (3) in subsection (e)— 

17 (A) in paragraph (5), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (6)(B), by striking the 

20 period at the end and inserting a semicolon; 

21 and 

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

23 ‘‘(7) require an assurance that the entity car24 rying out the project has reviewed and revised poli25 cies and practices as needed to remove barriers to 

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1 the participation and retention in the project of 

2 homeless individuals, including unaccompanied youth 

3 and foster care youth; 

4 ‘‘(8) require that such entity submit, in the ap5 plication for the project, a description of the activi6 ties that will be undertaken to reach out to such 

7 homeless individuals and foster care youth, who are 

8 enrolled or accepted for enrollment at the institu9 tion; and 

10 ‘‘(9) require an assurance that such entity will 

11 prepare and submit the report required under sec12 tion 402H(e) at the conclusion of the project regard13 ing such homeless individuals and foster care 

14 youth.’’; and 

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

16 ‘‘(f) BASIC AND EMERGENCY SUPPLEMENTAL LIV17 ING ASSISTANCE GRANTS.— 

18 ‘‘(1) IN GENERAL.—In carrying out the activi19 ties required under subsection (b)(7) with a grant 

20 received under this section, the recipient of such 

21 grant shall provide basic and emergency supple22 mental living assistance grants to assist students 

23 who are current participants in the student support 

24 services program offered by the institution (in this 

25 subsection referred to as ‘eligible students’)— 

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1 ‘‘(A) in the case of a basic supplemental 

2 living assistance grant, in covering reasonable, 

3 anticipated expenses necessary for the comple4 tion of an academic year of the students’ first 

5 undergraduate baccalaureate course of study; 

6 and 

7 ‘‘(B) in the case of an emergency supple8 mental living assistance grant, in covering rea9 sonable, unanticipated expenses necessary for 

10 the students to persist in college during such 

11 academic year. 

12 ‘‘(2) AMOUNT OF GRANTS.—The recipient may 

13 determine— 

14 ‘‘(A) the appropriate division of the funds 

15 between basic and emergency supplemental as16 sistance grants, except that funds shall be pro17 vided for both basic and emergency grants; 

18 ‘‘(B) the amount of each such grant and 

19 the total grant funds that an eligible student 

20 may receive, except that a student may not re21 ceive more than a total of $500 in emergency 

22 supplemental assistance grants per academic 

23 year; and 

24 ‘‘(C) the anticipated and unanticipated ex25 penses referred to in paragraph (1) that such 

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1 grants will cover based on the needs of eligible 

2 students, which— 

3 ‘‘(i) may vary by factors including 

4 academic year, housing, parental status, lo5 cation in urban or rural area, or other cir6 cumstances; and 

7 ‘‘(ii) for an individual student, may 

8 cover— 

9 ‘‘(I) any component of the cost of 

10 attendance for the student; 

11 ‘‘(II) an allowance for actual or 

12 expected expenses incurred for de13 pendent care that exceeds such ex14 penses determined for the student 

15 under section 472(8); 

16 ‘‘(III) an allowance for actual or 

17 expected expenses for transportation 

18 that exceeds such expenses deter19 mined for the student under section 

20 472; and 

21 ‘‘(IV) personal items or expenses 

22 not otherwise covered by the cost of 

23 attendance for the student. 

24 ‘‘(3) PERCENTAGE OF TOTAL FUNDS.—The re25 cipient may use not more than 2 percent of the 

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1 funds awarded under this section for grants under 

2 this subsection. 

3 ‘‘(4) DETERMINATION OF NEED.—A grant pro4 vided to a student under this subsection shall not be 

5 considered in determining that student’s need for 

6 grant or work assistance under this title, except that 

7 in no case shall the total amount of student financial 

8 assistance awarded to a student under this title ex9 ceed that student’s cost of attendance by more than 

10 $500. 

11 ‘‘(5) CONSULTATION.—In making grants to 

12 students under this subsection, an institution shall 

13 ensure that adequate consultation takes place be14 tween the student support service program office 

15 and the institution’s financial aid office. 

16 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds re17 ceived by a grant recipient that are used under this 

18 subsection shall be used to supplement, and not sup19 plant, non-Federal funds expended for student sup20 port services programs. 

21 ‘‘(7) FUNDS.—For a fiscal year for which the 

22 funds allocated for projects authorized under this 

23 section from the amounts appropriated pursuant to 

24 the authority of section 402A(g) exceeds the funds 

25 allocated for such purpose for fiscal year 2020, not 

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1 more than 2 percent of such excess funds may be 

2 made available for grants under this subsection.’’. 

3 SEC. 4025. 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)— 

8 (A) by striking ‘‘summer’’; and 

9 (B) by inserting ‘‘or faculty-led research 

10 experiences’’ before the semicolon; 

11 (2) in subsection (d)(4)— 

12 (A) by striking ‘‘summer’’; and 

13 (B) by inserting ‘‘or faculty-led experiences 

14 who have stipends’’ after ‘‘internships’’; and 

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

16 and inserting ‘‘$4,000’’. 

17 SEC. 4026. EDUCATIONAL OPPORTUNITY CENTERS. 

18 Section 402F of the Higher Education Act of 1965 

19 (20 U.S.C. 1070a–16) is amended— 

20 (1) in subsection (a)(1), by striking ‘‘pursue’’ 

21 and inserting ‘‘begin or re-enter’’; 

22 (2) in subsection (b)(5), by striking ‘‘students;’’ 

23 and inserting ‘‘students, including— 

24 ‘‘(A) financial planning for postsecondary 

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1 ment options, and expected earnings in poten2 tial career fields; 

3 ‘‘(B) basic personal income, household 

4 money management, and financial planning 

5 skills; and 

6 ‘‘(C) basic economic decisionmaking 

7 skills;’’; and 

8 (3) in subsection (c)— 

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

10 after the semicolon; 

11 (B) in paragraph (3), by striking the pe12 riod at the end and inserting a semicolon; and 

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

14 ‘‘(4) require an assurance that the entity car15 rying out the project has reviewed and revised poli16 cies and practices as needed to remove barriers to 

17 the participation and retention in the project of 

18 homeless individuals, including unaccompanied youth 

19 and foster care youth; 

20 ‘‘(5) require that such entity submit, as part of 

21 the application, a description of the activities that 

22 will be undertaken to reach out to such homeless in23 dividuals and foster care youth regarding the 

24 project; and 

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1 ‘‘(6) require an assurance that such entity will 

2 prepare and submit the report required under sec3 tion 402H(e) at the conclusion of the project regard4 ing such homeless individuals and foster care 

5 youth.’’. 

6 SEC. 4027. STAFF DEVELOPMENTAL ACTIVITIES. 

7 Section 402G(b) of the Higher Education Act of 

8 1965 (20 U.S.C. 1070a–17(b)) is amended— 

9 (1) by inserting ‘‘webinars, online classes,’’ 

10 after ‘‘seminars, workshops,’’; 

11 (2) by striking ‘‘new directors’’ and inserting 

12 ‘‘staff’’; 

13 (3) by redesignating paragraphs (1) through 

14 (5) as paragraphs (2) through (6), respectively; 

15 (4) by inserting before paragraph (2), as so re16 designated, the following: 

17 ‘‘(1) Legislative and regulatory requirements 

18 and program management for new directors of pro19 grams funded under this chapter.’’; 

20 (5) in paragraph (2), as redesignated, by insert21 ing ‘‘for continuing directors and staff of programs’’ 

22 after ‘‘operation of programs’’; and 

23 (6) in paragraph (4), as redesignated, by strik24 ing ‘‘model programs’’ and inserting ‘‘innovations’’. 

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1 SEC. 4028. REPORTS AND EVALUATIONS. 

2 (a) OTHER REPORTING REQUIREMENTS.—Section 

3 402H of the Higher Education Act of 1965 (20 U.S.C. 

4 1070a–18) is further amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (1)— 

7 (i) in subparagraph (A), by striking ‘‘, 

8 including a rigorous evaluation of the pro9 grams and projects assisted under section 

10 402C. The evaluation of the programs and 

11 projects assisted under section 402C shall 

12 be implemented not later than June 30, 

13 2010’’ and inserting ‘‘The issues such eval14 uations shall measure shall include the ef15 fectiveness of programs and projects as16 sisted under this chapter in— 

17 ‘‘(i) meeting or exceeding the stated 

18 objectives regarding the outcome criteria 

19 under 402A(f); 

20 ‘‘(ii) enhancing the access of low-in21 come individuals and first-generation col22 lege students to postsecondary education; 

23 ‘‘(iii) preparing individuals for post24 secondary education; and 

25 ‘‘(iv) comparing students who partici26 pate in the programs funded under this 

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1 chapter with students who do not partici2 pate in such programs with respect to— 

3 ‘‘(I) level of education completed; 

4 ‘‘(II) retention rates; 

5 ‘‘(III) graduation rates; 

6 ‘‘(IV) college admission and com7 pletion rates; and 

8 ‘‘(V) other issues as the Sec9 retary considers appropriate.’’; and 

10 (ii) in subparagraph (C), by inserting 

11 ‘‘and take into account the agreed upon 

12 target determined under section 

13 402A(f)(4)’’ before the period; and 

14 (B) by amending paragraph (2) to read as 

15 follows: 

16 ‘‘(2) PRACTICES.—The evaluations described in 

17 paragraph (1) shall identify institutional, commu18 nity, and program or project practices that are effec19 tive in— 

20 ‘‘(A) enhancing the access of low-income 

21 individuals and first-generation college students 

22 to postsecondary education; 

23 ‘‘(B) the preparation of such individuals 

24 and students for postsecondary education; 

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1 ‘‘(C) fostering the success of the individ2 uals and students in postsecondary education; 

3 and 

4 ‘‘(D) for programs and projects assisted 

5 under section 402C, the characteristics of stu6 dents who benefit most from such programs 

7 and projects.’’; and 

8 (2) in subsection (d), by inserting ‘‘, including 

9 the authorizing committees’’ before the period. 

10 (b) HOMELESS INDIVIDUALS AND FOSTER CARE

11 YOUTH.—Section 402H of the Higher Education Act of 

12 1965 (20 U.S.C. 1070a–18) is further amended by adding 

13 at the end the following: 

14 ‘‘(e) REPORT REGARDING HOMELESS INDIVIDUALS

15 AND FOSTER CARE YOUTH.—Each entity carrying out a 

16 project under section 402B, 402C, 402D, or 402F shall, 

17 at the conclusion of the project, prepare and submit a re18 port to the Secretary that includes— 

19 ‘‘(1) where available, data on the number of 

20 homeless individuals and foster care youth served 

21 through the project; and 

22 ‘‘(2) a description of any strategies or program 

23 enhancements that were used in the project and that 

24 were effective in meeting the needs of such homeless 

25 individuals and foster care youth.’’. 

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1 CHAPTER 2—GAINING EARLY AWARENESS 

2 AND READINESS FOR UNDER3 GRADUATE PROGRAMS 

4 SEC. 4031. GAINING EARLY AWARENESS AND READINESS 

5 FOR UNDERGRADUATE PROGRAMS. 

6 Chapter 2 of part A of title IV of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1070a–21 et seq.) is 

8 amended— 

9 (1) in section 404A (20 U.S.C. 1070a–21)— 

10 (A) in the matter preceding subparagraph 

11 (A) of subsection (a)(1), by inserting ‘‘, includ12 ing for college readiness’’ after ‘‘academic sup13 port’’; and 

14 (B) in subsection (b)— 

15 (i) by amending paragraph (3) to read 

16 as follows: 

17 ‘‘(3) PRIORITY.—In making awards to eligible 

18 entities described in subsection (c), the Secretary 

19 may give a competitive priority— 

20 ‘‘(A) to eligible entities that— 

21 ‘‘(i) on the day before the date of en22 actment of the College Affordability Act, 

23 carried out successful educational oppor24 tunity programs under this chapter (as 

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1 this chapter was in effect on such day); 

2 and 

3 ‘‘(ii) have a prior, demonstrated com4 mitment to early intervention leading to 

5 college access and readiness through col6 laboration and replication of successful 

7 strategies; or 

8 ‘‘(B) to eligible entities that ensure that 

9 students that received assistance under this 

10 chapter on the day before the date of enactment 

11 of the College Affordability Act continue to re12 ceive such assistance through the completion of 

13 secondary school.’’; 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(4) MULTIPLE AWARD PROHIBITION.— 

17 ‘‘(A) IN GENERAL.—An eligible entity de18 scribed in subsection (c)(1) that receives a 

19 grant under this chapter shall not be eligible to 

20 receive an additional grant under this chapter 

21 until after the date on which the grant period 

22 with respect to such grant expires. 

23 ‘‘(B) EXCEPTION FOR NO-COST EXTEN24 SION.—Notwithstanding subparagraph (A), an 

25 eligible entity described in subsection (c)(1) 

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1 that receives a grant under this chapter that 

2 has been extended under section 75.261 of title 

3 34, Code of Federal Regulations may receive an 

4 additional grant under this chapter prior to the 

5 date on which the grant period applicable to 

6 such extension expires.’’; and 

7 (2) in section 404B (20 U.S.C. 1070a–22)— 

8 (A) in subsection (a), in the matter pre9 ceding paragraph (1), by inserting ‘‘(except 

10 with respect to continuation awards under this 

11 chapter)’’ after ‘‘grants’’; and 

12 (B) in subsection (d)(1)— 

13 (i) in subparagraph (A), by inserting 

14 ‘‘and’’ after the semicolon; 

15 (ii) in subparagraph (B), by striking 

16 ‘‘; and’’ and inserting a period; and 

17 (iii) by striking subparagraph (C); 

18 (3) in section 404C (20 U.S.C. 1070a–23)— 

19 (A) in subsection (a)(2)— 

20 (i) in subparagraph (I), by striking 

21 ‘‘and’’ after the semicolon; 

22 (ii) in subparagraph (J), by striking 

23 the period at the end and inserting a semi24 colon; and 

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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(K) provide an assurance that the eligible 

4 entity has reviewed and revised policies and 

5 practices as needed to remove barriers to the 

6 participation and retention of homeless individ7 uals (as defined in section 402A) in the pro8 gram, including unaccompanied youth and fos9 ter care youth; 

10 ‘‘(L) describe the activities that will be un11 dertaken to reach out to such homeless individ12 uals and foster care youth as part of the pro13 gram; and 

14 ‘‘(M) provide an assurance that the eligible 

15 entity will prepare and submit the report re16 quired under section 404G(c) at the conclusion 

17 of the grant regarding such homeless individ18 uals and foster care youth.’’; 

19 (B) in subsection (b)(1)(A)— 

20 (i) by inserting ‘‘matching funds’’ 

21 after ‘‘will provide’’; 

22 (ii) by inserting ‘‘equaling’’ after ‘‘pri23 vate funds,’’; and 

24 (iii) by striking ‘‘the cost of the pro25 gram, which matching funds’’ and insertVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 ing ‘‘the total Federal grant award under 

2 this chapter, which’’; 

3 (C) in subsection (c)(1), by inserting ‘‘at 

4 any point during the grant award period’’ after 

5 ‘‘obligated to students’’; and 

6 (D) by striking subsection (d) and insert7 ing the following: 

8 ‘‘(d) PEER REVIEW PANELS AND COMPETITIONS.— 

9 The Secretary shall— 

10 ‘‘(1) convene peer review panels to assist in 

11 making determinations regarding the awarding of 

12 grants under this chapter; and 

13 ‘‘(2) host a grant competition to make new 

14 awards under this chapter in any year in which 

15 there are funds available to make new awards.’’; 

16 (4) in section 404D (20 U.S.C. 1070a–24)— 

17 (A) in subsection (b)— 

18 (i) in paragraph (1), by striking ‘‘or 

19 former participants of a program under 

20 this chapter’’ and inserting ‘‘, former par21 ticipants of a program under this chapter, 

22 or peers and near peers’’ after ‘‘adults’’; 

23 (ii) in paragraph (3), by inserting 

24 ‘‘academic, social, and postsecondary plan25 ning’’ after ‘‘supportive’’; 

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1 (iii) in paragraph (10)— 

2 (I) by redesignating subpara3 graphs (E) through (K) as subpara4 graphs (F) through (L), respectively; 

5 (II) by inserting after subpara6 graph (D) the following: 

7 ‘‘(E) counseling or referral services to ad8 dress the behavioral, social-emotional, and men9 tal health needs of at-risk students;’’; 

10 (III) in subparagraph (I), as re11 designated by subclause (I), by insert12 ing ‘‘, cognitive, non-cognitive, and 

13 credit-by-examination’’ after ‘‘skills’’; 

14 (IV) in subparagraph (K), as re15 designated by subclause (I), by strik16 ing ‘‘and’’ after the semicolon; 

17 (V) in subparagraph (L), as re18 designated by subclause (I), by strik19 ing the period at the end and insert20 ing ‘‘; and’’; and 

21 (VI) by adding at the end the fol22 lowing: 

23 ‘‘(M) capacity building activities that cre24 ate college-going cultures in participating 

25 schools and local educational agencies.’’; and 

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1 (iv) by adding at the end the fol2 lowing: 

3 ‘‘(16) Creating or expanding secondary school 

4 drop-out recovery programs that allow students who 

5 have dropped out of secondary school to complete a 

6 regular secondary school diploma and begin college7 level work. 

8 ‘‘(17) Establishing data collection and data 

9 sharing agreements to obtain, analyze, and report 

10 postsecondary outcome data for eligible students for 

11 a period of not more than 72 months after the end 

12 of the grant award period, which may include post13 secondary enrollment, persistence, and completion 

14 data. 

15 ‘‘(18) Establishing or maintaining an agree16 ment with a consortium of eligible entities described 

17 in section 404A(c) to— 

18 ‘‘(A) foster collaborative approaches to re19 search and evaluation; 

20 ‘‘(B) improve the quality of data collection, 

21 data sharing, analysis and reporting; and 

22 ‘‘(C) apply evidence to improve programs 

23 and evaluation under this chapter. 

24 ‘‘(19) Facilitating the recruitment, participa25 tion, and retention of homeless individuals (as deVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00323 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 fined in section 402A) and foster care youth in the 

2 services provided under this chapter, including— 

3 ‘‘(A) establishing partnerships with com4 munity-based organizations, child welfare agen5 cies, homeless shelters, and local educational 

6 agency liaisons for homeless individuals to iden7 tify such individuals and youth, improve policies 

8 and practices, and to establish data sharing 

9 agreements; 

10 ‘‘(B) carrying out activities (consistent 

11 with the McKinney-Vento Homeless Assistance 

12 Act (42 U.S.C. 11301 et seq.)) to facilitate con13 tinued participation of students who are no 

14 longer enrolled in a school served under this 

15 chapter due to changes in residence resulting 

16 from homelessness or foster care placement, in17 cluding— 

18 ‘‘(i) allowing continued participation 

19 when such a student is no longer enrolled, 

20 on a temporary basis, in a school served 

21 under this chapter; or 

22 ‘‘(ii) providing transitional services 

23 and referrals when such a student is no 

24 longer enrolled, on a permanent basis, in a 

25 school served under this chapter; and 

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1 ‘‘(C) carrying out other activities to meet 

2 the needs of such homeless individuals and fos3 ter care youth. 

4 ‘‘(20) Providing services under this chapter to 

5 students who have received services under a previous 

6 grant award under this chapter but have not yet 

7 completed grade 12.’’; 

8 (B) in subsection (c)— 

9 (i) in paragraph (3), by inserting 

10 ‘‘and technical assistance’’ after ‘‘support’’; 

11 and 

12 (ii) by striking paragraph (9); and 

13 (C) in subsection (d)— 

14 (i) in paragraph (3), by striking ‘‘or’’; 

15 (ii) by redesignating paragraph (4) as 

16 paragraph (5); and 

17 (iii) by inserting after paragraph (3) 

18 the following: 

19 ‘‘(4) eligible for free or reduced-price lunch 

20 under the Richard B. Russell National School Lunch 

21 Act (42 U.S.C. 1751 et seq.); or’’; 

22 (5) in section 404E (20 U.S.C. 1070a–25)— 

23 (A) in subsection (a)— 

24 (i) by redesignating paragraph (2) as 

25 paragraph (3); 

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1 (ii) by inserting after paragraph (1) 

2 the following: 

3 ‘‘(2) APPLICATION REQUIREMENTS.— 

4 ‘‘(A) PLAN FOR MAINTENANCE OF FINAN5 CIAL ASSISTANCE.—An eligible entity proposing 

6 to establish or maintain a financial assistance 

7 program providing scholarships for students as8 sisted by the program of the eligible entity 

9 under this chapter shall include a plan regard10 ing the financial application program with the 

11 application submitted under section 404C. 

12 ‘‘(B) SCHOLARSHIP DETAILS.—Under a 

13 plan described in subparagraph (A), an eligible 

14 entity— 

15 ‘‘(i) may elect to offer 1 or more types 

16 of scholarships; and 

17 ‘‘(ii) shall describe, for each type of 

18 scholarship— 

19 ‘‘(I) the minimum and maximum 

20 awards for the scholarships, consistent 

21 with subsection (d), based on criteria 

22 and disbursement priorities estab23 lished by the eligible entity; 

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1 ‘‘(II) the duration of the scholar2 ships, which may be single-year or 

3 multi-year awards; 

4 ‘‘(III) the enrollment require5 ments for participating students, 

6 which may include providing scholar7 ships for participating students who 

8 are enrolled in an institution of higher 

9 education on less than a full-time 

10 basis during any award year; and 

11 ‘‘(IV) any additional student eli12 gibility criteria established by the eli13 gible entity for earning and maintain14 ing scholarships under this section, in15 cluding— 

16 ‘‘(aa) financial need; 

17 ‘‘(bb) meeting participation 

18 milestones in the activities of19 fered by the eligible entity under 

20 section 404D; 

21 ‘‘(cc) meeting and maintain22 ing satisfactory academic mile23 stones; and 

24 ‘‘(dd) other criteria aligned 

25 with State and local goals to 

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1 incentivize postsecondary readi2 ness, access, and success.’’; and 

3 (iii) in paragraph (3), as redesignated 

4 by clause (i), by striking ‘‘may award’’ and 

5 inserting ‘‘may use not less than 10 per6 cent and not more than 50 percent of 

7 funds made available under this chapter to 

8 award’’; 

9 (B) in subsection (b)— 

10 (i) in the subsection heading, by strik11 ing ‘‘Limitation’’ and inserting ‘‘State limi12 tation’’; and 

13 (ii) in paragraph (2), by striking ‘‘eli14 gible entity demonstrates’’ and all that fol15 lows through the period at the end and in16 serting the following: ‘‘eligible entity— 

17 ‘‘(A) demonstrates that the eligible entity 

18 has another means of providing the students 

19 with the financial assistance described in this 

20 section or eligible students have reasonable ac21 cess to State and local financial assistance pro22 grams; and 

23 ‘‘(B) describes such means or access in the 

24 application submitted under section 404C.’’; 

25 (C) in subsection (e)— 

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1 (i) by striking paragraph (1) and in2 serting the following: 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) SCHOLARSHIP PLAN.—Each eligible 

5 entity described in section 404A(c)(1) that re6 ceives a grant under this chapter shall hold in 

7 reserve, for the students served by such grant 

8 as described in section 404B(d)(1)(A) or 

9 404D(d), an estimated amount that is based on 

10 the eligible entity’s scholarship plan described 

11 in subsection (a)(1). 

12 ‘‘(B) INTEREST USE.—Interest earned on 

13 funds held in reserve under subparagraph (A) 

14 may be used by the eligible entity to administer 

15 the scholarship program during the award pe16 riod and through the post-award period de17 scribed in paragraph (4).’’; 

18 (ii) in paragraph (2)(B), by inserting 

19 ‘‘, or been accepted for enrollment,’’ after 

20 ‘‘enrolled’’; and 

21 (iii) in paragraph (3)— 

22 (I) in subparagraph (A), by strik23 ing ‘‘and’’ after the semicolon; 

24 (II) by redesignating subpara25 graph (B) as subparagraph (C); and 

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1 (III) by inserting after subpara2 graph (A) the following: 

3 ‘‘(B) the costs associated with enrolling in 

4 an institution of higher education; and’’; and 

5 (D) in subsection (g)— 

6 (i) in paragraph (3)— 

7 (I) by inserting ‘‘or, if the eligible 

8 entity chooses, in another program of 

9 study or credential program for which 

10 an individual could use funds received 

11 under a Federal Pell Grant to at12 tend,’’ before ‘‘that is located’’; and 

13 (II) by striking ‘‘except that, at 

14 the State’s option’’ and inserting ‘‘ex15 cept that, at the eligible entity’s op16 tion’’; and 

17 (ii) in paragraph (4), by inserting 

18 ‘‘and qualifies for an award, consistent 

19 with the eligible entity’s scholarship plan 

20 as described in subsection (a)(2)’’ after 

21 ‘‘404D(a)’’; 

22 (6) in section 404G (20 U.S.C. 1070a–27)— 

23 (A) in subsection (b)— 

24 (i) in paragraph (1), by striking 

25 ‘‘and’’ after the semicolon; 

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1 (ii) in paragraph (2), by striking the 

2 period at the end and inserting ‘‘; and’’; 

3 and 

4 (iii) by inserting after paragraph (2) 

5 the following: 

6 ‘‘(3) include the following metrics: 

7 ‘‘(A) The number of students completing 

8 the Free Application for Federal Student Aid 

9 under section 483. 

10 ‘‘(B) If applicable, the number of students 

11 receiving a scholarship under section 404E. 

12 ‘‘(C) The graduation rate of participating 

13 students from high school. 

14 ‘‘(D) The enrollment of participating stu15 dents in postsecondary education. 

16 ‘‘(E) Such other metrics as the Secretary 

17 may require.’’; 

18 (B) by redesignating subsections (c) and 

19 (d) as subsections (e) and (f), respectively; 

20 (C) by inserting after subsection (b) the 

21 following: 

22 ‘‘(c) REPORT ON HOMELESS INDIVIDUALS AND FOS23 TER CARE YOUTH.—Each eligible entity that receives a 

24 grant under section 404A shall, at the conclusion of such 

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1 grant, prepare and submit a report to the Secretary that 

2 includes— 

3 ‘‘(1) where available, the number of homeless 

4 individuals (as defined in section 402A) and foster 

5 care youth served through the program; and 

6 ‘‘(2) a description of any strategies or program 

7 enhancements that were used by the eligible entity 

8 in carrying out the program that were effective in 

9 meeting the needs of such homeless individuals and 

10 foster care youth.’’; 

11 (D) in subsection (d), as so redesignated— 

12 (i) in the subsection heading, by in13 serting ‘‘and technical assistance’’ after 

14 ‘‘Federal evaluation’’; 

15 (ii) in the matter preceding paragraph 

16 (1)— 

17 (I) by inserting ‘‘after consulta18 tion with the community of eligible 

19 entities receiving grants under this 

20 chapter and’’ after ‘‘Secretary shall,’’; 

21 (II) by striking ‘‘0.75’’ and in22 serting ‘‘1’’; and 

23 (III) by striking ‘‘evaluate the ef24 fectiveness of the program and, as ap25 propriate, disseminate the results of 

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1 the evaluation. Such evaluation shall 

2 include a separate analysis of’’; 

3 (iii) by redesignating paragraphs (1) 

4 and (2) as subparagraphs (A) and (B), re5 spectively, and indenting the margins ap6 propriately; and 

7 (iv) before subparagraph (A) (as re8 designated by clause (iii)), by inserting the 

9 following: 

10 ‘‘(1) provide pre-application technical assistance 

11 workshops for eligible entities and potential appli12 cants in any year in which new awards are expected 

13 to be made; 

14 ‘‘(2) support initiatives designed to improve the 

15 research, data collection and infrastructure, and 

16 evaluation capacity of eligible entities; and 

17 ‘‘(3) evaluate the effectiveness of the program 

18 and, as appropriate, disseminate the results of the 

19 evaluation. Such evaluation may include a separate 

20 analysis of—’’; and 

21 (7) in section 404H, by striking ‘‘$400,000,000 

22 for fiscal year 2009’’ and inserting ‘‘$500,000,000 

23 for fiscal year 2021’’. 

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1 Subpart 3—Federal Supplemental Educational 

2 Opportunity Grants 

3 SEC. 4041. PURPOSE; APPROPRIATIONS AUTHORIZED. 

4 Section 413A of the Higher Education Act of 1965 

5 (20 U.S.C. 1070b) is amended— 

6 (1) by amending subsection (a) to read as fol7 lows: 

8 ‘‘(a) PURPOSE OF SUBPART.—It is the purpose of 

9 this subpart to— 

10 ‘‘(1) provide, through institutions of higher edu11 cation, supplemental grants to assist in making 

12 available the benefits of postsecondary education to 

13 qualified students who demonstrate financial need in 

14 accordance with the provisions of part F of this title; 

15 and 

16 ‘‘(2) to establish grant programs at various in17 stitutions of higher education, as defined in section 

18 101, to determine best practices and policies regard19 ing the distribution of emergency grant aid to assist 

20 students in completing their program of study, not21 withstanding aid they may have received in accord22 ance with the provisions of part F of this title.’’; 

23 (2) in subsection (b)(1), by striking ‘‘appro24 priated’’ and all that follows through the end and in25 serting ‘‘appropriated— 

26 ‘‘(A) $1,150,000,000 for fiscal year 2021; 

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1 ‘‘(B) $1,300,000,000 for fiscal year 2022; 

2 ‘‘(C) $1,450,000,000, for fiscal year 2023; 

3 ‘‘(D) $1,600,000,000 for fiscal year 2024; 

4 and 

5 ‘‘(E) $1,750,000,000 for fiscal year 2025 

6 and each succeeding fiscal year.’’; 

7 (3) by redesignating paragraph (2) as para8 graph (3); and 

9 (4) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) For the purpose of enabling the Secretary 

12 to fund emergency grant aid programs under section 

13 440D, there are allocated, from funds authorized 

14 under paragraph (b)(1), $12,500,000 for fiscal year 

15 2021 and each of the 5 succeeding fiscal years.’’. 

16 SEC. 4042. INSTITUTIONAL ELIGIBILITY. 

17 Section 413C(a) of the Higher Education Act of 1965 

18 (20 U.S.C. 1070b–2) is amended— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘agrees’’ inserting ‘‘except 

21 as provided in paragraph (4), agrees’’; and 

22 (B) by striking ‘‘and’’ at the end; 

23 (2) in paragraph (3)(D), by striking the period 

24 and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 

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1 ‘‘(4) agrees that the Federal share of an award 

2 under this subpart to an institution eligible for as3 sistance under title III or title V shall equal 100 

4 percent of such award.’’. 

5 SEC. 4043. ALLOCATION OF FUNDS. 

6 Section 413D of the Higher Education Act of 1965 

7 (20 U.S.C. 1070b–3) is amended to read as follows: 

8 ‘‘SEC. 413D. ALLOCATION OF FUNDS. 

9 ‘‘(a) ALLOCATION FORMULA FOR FISCAL YEARS

10 2021 THROUGH 2025.— 

11 ‘‘(1) IN GENERAL.—From the amount appro12 priated under section 413A(b)(1) for a fiscal year, 

13 the Secretary shall allocate to each institution— 

14 ‘‘(A) for fiscal year 2021, an amount equal 

15 to the greater of— 

16 ‘‘(i) 90 percent of the amount the in17 stitution received under subsection (a) for 

18 fiscal year 2020, as such subsection was in 

19 effect with respect to such fiscal year (in 

20 this subparagraph referred to as ‘the 2020 

21 amount for the institution’); or 

22 ‘‘(ii) the fair share amount for the in23 stitution determined under subsection (c); 

24 ‘‘(B) for fiscal year 2022, an amount equal 

25 to the greater of— 

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1 ‘‘(i) 80 percent of the 2020 amount 

2 for the institution; or 

3 ‘‘(ii) the fair share amount for the in4 stitution determined under subsection (c); 

5 ‘‘(C) for fiscal year 2023, an amount equal 

6 to the greater of— 

7 ‘‘(i) 60 percent of the fiscal year 2020 

8 amount for the institution; or 

9 ‘‘(ii) the fair share amount for the in10 stitution determined under subsection (c); 

11 ‘‘(D) for fiscal year 2024, an amount equal 

12 to the greater of— 

13 ‘‘(i) 40 percent of the 2020 amount 

14 for the institution; or 

15 ‘‘(ii) the fair share amount for the in16 stitution determined under subsection (c); 

17 and 

18 ‘‘(E) for fiscal year 2025, an amount equal 

19 to the greater of— 

20 ‘‘(i) 20 percent of the 2020 amount 

21 for the institution; or 

22 ‘‘(ii) the fair share amount for the in23 stitution determined under subsection (c). 

24 ‘‘(2) RATABLE REDUCTION.— 

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1 ‘‘(A) IN GENERAL.—If the amount appro2 priated under section 413A(b)(1) for a fiscal 

3 year is less than the amount required to be allo4 cated to the institutions under this subsection, 

5 then the amount of the allocation to each insti6 tution shall be ratably reduced. 

7 ‘‘(B) ADDITIONAL APPROPRIATIONS.—If 

8 the amounts allocated to each institution are 

9 ratably reduced under subparagraph (A) for a 

10 fiscal year and additional amounts are appro11 priated for such fiscal year, the amount allo12 cated to each institution from the additional 

13 amounts shall be increased on the same basis as 

14 the amounts under subparagraph (A) were re15 duced (until each institution receives the 

16 amount required to be allocated under this sub17 section). 

18 ‘‘(b) ALLOCATION FORMULA FOR FISCAL YEAR 2026 

19 AND EACH SUCCEEDING FISCAL YEAR.—From the 

20 amount appropriated under section 413A(b)(1) for fiscal 

21 year 2026 and each succeeding fiscal year, the Secretary 

22 shall allocate to each institution the fair share amount for 

23 the institution determined under subsection (c). 

24 ‘‘(c) DETERMINATION OF FAIR SHARE AMOUNT.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the fair share amount for an institution for a fiscal 

3 year shall be equal to the sum of the institution’s 

4 undergraduate student need described in paragraph 

5 (2) for the preceding fiscal year. 

6 ‘‘(2) INSTITUTIONAL UNDERGRADUATE STU7 DENT NEED CALCULATION.—The institutional un8 dergraduate student need for an institution for a fis9 cal year shall be equal to the sum of the following: 

10 ‘‘(A) An amount equal to 50 percent of the 

11 amount that bears the same proportion to the 

12 available appropriated amount for such fiscal 

13 year as the total amount of Federal Pell Grant 

14 funds awarded at the institution for the pre15 ceding fiscal year bears to the total amount of 

16 Federal Pell Grant funds awarded at all institu17 tions participating under this part for the pre18 ceding fiscal year. 

19 ‘‘(B) An amount equal to 50 percent of the 

20 amount that bears the same proportion to the 

21 available appropriated amount for such fiscal 

22 year as the total amount of the undergraduate 

23 student need at the institution for the preceding 

24 fiscal year bears to the total amount of under25 graduate student need at all institutions particiVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00339 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 pating under this part for the preceding fiscal 

2 year. 

3 ‘‘(3) ELIGIBILITY FOR FAIR SHARE AMOUNT.— 

4 The Secretary may not allocate funds under this 

5 subpart to any institution that, for 2 or more fiscal 

6 years during any 3 fiscal year period beginning not 

7 earlier than the first day of the first fiscal year that 

8 is 2 years after the date of the enactment of this 

9 paragraph, has a student population with less than 

10 7 percent of undergraduate students who are recipi11 ents of Federal Pell Grants. 

12 ‘‘(d) DEFINITIONS.—In this section: 

13 ‘‘(1) AVERAGE COST OF ATTENDANCE.—The 

14 term ‘average cost of attendance’ has the meaning 

15 given the term in section 4202(e)(5)(B). 

16 ‘‘(2) UNDERGRADUATE STUDENT NEED.—The 

17 term ‘undergraduate student need’ means, with re18 spect to an undergraduate student for an award 

19 year, the lesser of the following: 

20 ‘‘(A) The total of the amount equal to (ex21 cept the amount computed by this clause shall 

22 not be less than zero)— 

23 ‘‘(i) the average cost of attendance for 

24 the award year, minus 

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1 ‘‘(ii) such undergraduate student’s ex2 pected family contribution (computed in 

3 accordance with part F of this title) for 

4 the preceding award year. 

5 ‘‘(B) The total loan annual limit for a 

6 Federal Direct Unsubsidized Stafford Loan and 

7 a Federal Direct Loan.’’. 

8 SEC. 4044. EMERGENCY FINANCIAL AID GRANT PROGRAM. 

9 Part A of title IV of the Higher Education Act of 

10 1965 (20 U.S.C. 1070b et seq.) is amended by adding at 

11 the end the following: 

12 ‘‘Subpart 11—Emergency Financial Aid Grants 

13 ‘‘SEC. 440D. EMERGENCY FINANCIAL AID GRANT PROGRAM. 

14 ‘‘(a) EMERGENCY FINANCIAL AID GRANT PROGRAMS

15 AUTHORIZED.—The Secretary shall carry out a grant pro16 gram to make grants, in accordance with subsection (c), 

17 to eligible entities to provide emergency financial aid 

18 grants to students in accordance with subsection (d). 

19 ‘‘(b) MATCHING FUNDS.— 

20 ‘‘(1) LIMITATION ON AMOUNT OF FEDERAL

21 SHARE.—Except as provided in paragraph (3), the 

22 Federal share of the cost of any emergency grant 

23 aid program carried out under this section may not 

24 exceed 50 percent. 

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1 ‘‘(2) LIMITATION.—Matching funds provided by 

2 an eligible entity under this subsection may not in3 clude in-kind contributions. 

4 ‘‘(3) EXCEPTIONS.—The Federal share of the 

5 cost of an emergency grant aid program carried out 

6 under this section shall equal 100 percent if the in7 stitution carrying out the emergency grant aid is an 

8 institution of higher education eligible for assistance 

9 under title III or V. 

10 ‘‘(c) APPLICATION.— 

11 ‘‘(1) IN GENERAL.—Each eligible entity desir12 ing to carry out an emergency grant aid program 

13 under this section shall submit an application to the 

14 Secretary, at such time, in such manner, and con15 taining such information as the Secretary may re16 quire. 

17 ‘‘(2) OUTREACH.—The Secretary shall, at least 

18 30 days before each deadline to submit applications 

19 under paragraph (1), conduct outreach to institu20 tions of higher education described in subsection 

21 (b)(3) to provide such institutions with information 

22 on the opportunity to apply under paragraph (1) to 

23 carry out an emergency grant aid program under 

24 this section. 

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1 ‘‘(3) CONTENTS.—Each application under para2 graph (1) shall include a description of the emer3 gency grant aid program to be carried out by the eli4 gible entity, including— 

5 ‘‘(A) an estimate of the number of emer6 gency financial aid grants that such entity will 

7 make in an award year and how such eligible 

8 entity assessed such estimate; 

9 ‘‘(B) the criteria the eligible entity will use 

10 to determine an emergency for which an eligible 

11 student will be eligible to receive an emergency 

12 financial aid grant; 

13 ‘‘(C) an assurance that an emergency for 

14 which an eligible student will be eligible to re15 ceive an emergency financial aid grant will in16 clude financial challenges that would directly 

17 impact the ability of an eligible student to con18 tinue and complete the course of study of such 

19 student, including— 

20 ‘‘(i) a loss of employment, transpor21 tation, child care, utilities, or housing of 

22 the student; 

23 ‘‘(ii) a medical condition (including 

24 pregnancy) of the student, or a dependent 

25 of the student; 

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1 ‘‘(iii) with respect to the eligible stu2 dent, food insecurity; and 

3 ‘‘(iv) in the case of an eligible student 

4 who is a dependent student— 

5 ‘‘(I) the death of a parent or 

6 guardian of such eligible student; or 

7 ‘‘(II) a medical condition of the 

8 parent or guardian of such eligible 

9 student which results in the loss of 

10 employment of such parent or guard11 ian; 

12 ‘‘(D) a description of the process by which 

13 an eligible student may apply and receive an 

14 emergency financial aid grant; 

15 ‘‘(E) an assurance that the eligible entity, 

16 when applicable, will make information available 

17 to eligible students about the eligibility of such 

18 students and their dependents for assistance 

19 under the supplemental nutrition assistance 

20 program under the Food and Nutrition Act of 

21 2008 (7 U.S.C. 2011 et seq.), the special sup22 plemental nutrition program for women, in23 fants, and children under the Child Nutrition 

24 Act of 1966 (42 U.S.C. 1786), and the pro25 gram of block grants for States for temporary 

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1 assistance for needy families established under 

2 part A of title IV of the Social Security Act (42 

3 U.S.C. 601 et seq.); 

4 ‘‘(F) how the eligible entity will administer 

5 the emergency grant aid program, including the 

6 processes the eligible entity will use to respond 

7 to applications, approve applications, and dis8 burse emergency financial aid grants outside of 

9 normal business hours; 

10 ‘‘(G) an assurance that the process by 

11 which an eligible student applies for an emer12 gency financial aid grant includes— 

13 ‘‘(i) to the extent practicable, an 

14 interview; and 

15 ‘‘(ii) at least one opportunity to ap16 peal a denial of such a grant; 

17 ‘‘(H) an assurance that the eligible entity 

18 will acknowledge receipt of a student’s request 

19 and distribute funds in a timely manner as de20 termined by the Secretary; 

21 ‘‘(I) a description of how the school in22 tends to limit fraud or abuse; and 

23 ‘‘(J) any other information the Secretary 

24 may require. 

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1 ‘‘(4) PRIORITY.—In selecting eligible entities to 

2 carry out an emergency grant aid program under 

3 this section, the Secretary shall give priority to an 

4 eligible entity in which at least 30 percent of the 

5 students enrolled at such eligible entity are eligible 

6 to receive a Federal Pell Grant. 

7 ‘‘(d) USE OF FUNDS.— 

8 ‘‘(1) IN GENERAL.—An eligible entity may only 

9 use funds provided under this section to make emer10 gency financial aid grants to eligible students. 

11 ‘‘(2) LIMITATIONS.— 

12 ‘‘(A) AMOUNT.—An emergency financial 

13 aid grant to an eligible student may not be in 

14 an amount greater than $750. 

15 ‘‘(B) TOTAL AMOUNT.—The total amount 

16 of the Federal share of emergency financial aid 

17 grants that an eligible student may receive from 

18 an eligible entity may not exceed $2,000. An el19 igible student may receive an amount under 

20 this section that would cause the amount of 

21 total financial aid received by such student to 

22 exceed the cost of attendance of the institution 

23 of higher education in which the student is en24 rolled. 

25 ‘‘(e) REPORTING AND OVERSIGHT.— 

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1 ‘‘(1) IN GENERAL.—Not less frequently than 

2 once annually, each eligible entity that receives a 

3 grant under this subpart shall submit to the Sec4 retary a report on the progress of the eligible entity 

5 in carrying out the programs supported by such 

6 grant. 

7 ‘‘(2) FORM OF REPORT.—The report under 

8 paragraph (1) shall be submitted to the Secretary at 

9 such time, in such manner, and containing such in10 formation as the Secretary may require. The Sec11 retary shall issue uniform guidelines describing the 

12 information that shall be reported by grantees under 

13 such paragraph. 

14 ‘‘(3) CONTENT OF REPORT.— 

15 ‘‘(A) IN GENERAL.—The report under 

16 paragraph (1) shall include, at minimum, the 

17 following: 

18 ‘‘(i) The number of students that re19 ceived a grant, including the number of 

20 students who received more than one 

21 grant. 

22 ‘‘(ii) The average award amount 

23 awarded to eligible students. 

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1 ‘‘(iii) The types of emergencies de2 clared and frequencies emergencies de3 clared by eligible students. 

4 ‘‘(iv) The number of students that ap5 plied for emergency grant aid. 

6 ‘‘(v) The number of students that 

7 were denied such grants. 

8 ‘‘(vi) The average amount of time it 

9 took an eligible entity to respond to re10 quests for emergency grant aid and aver11 age amount of time it took the eligible en12 tity to award or deny the emergency grant 

13 aid. 

14 ‘‘(vii) Outcomes of the eligible stu15 dents that received emergency grant aid, 

16 including rates of persistence, retention, 

17 and completion, and a comparison of such 

18 rates for such students as compared to 

19 such rates for Federal Pell recipients at 

20 the institution. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en23 tity’ means an institution of higher education that 

24 on the date such entity receives a grant under this 

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1 section, is participating in the FSEOG program 

2 under subpart 3. 

3 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

4 student’ means a student who— 

5 ‘‘(A) is enrolled in an eligible entity on an 

6 at least half-time basis; and 

7 ‘‘(B) who is making satisfactory academic 

8 progress. 

9 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

10 The term ‘institution of higher education’ has the 

11 meaning given the term in section 101.’’. 

12 Subpart 4—Special Programs for Students Whose 

13 Families Are Engaged in Migrant and Seasonal 

14 Farmwork 

15 SEC. 4051. SPECIAL PROGRAMS FOR STUDENTS WHOSE 

16 FAMILIES ARE ENGAGED IN MIGRANT AND 

17 SEASONAL FARMWORK. 

18 Section 418A(i) of the Higher Education Act of 1965 

19 (20 U.S.C. 1070d–2(i)) is amended by striking ‘‘2009’’ 

20 and inserting ‘‘2021’’. 

21 Subpart 5—Child Care Access Means Parents in 

22 School 

23 SEC. 4061. CCAMPIS REAUTHORIZATION. 

24 Section 419N of the Higher Education Act of 1965 

25 (20 U.S.C. 1070e) is amended— 

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1 (1) in subsection (b)— 

2 (A) in paragraph (2)— 

3 (i) in subparagraph (A)— 

4 (I) by striking ‘‘The amount’’ 

5 and inserting ‘‘Except as provided in 

6 subparagraph (C), the amount’’; and 

7 (II) by striking ‘‘1 percent’’ and 

8 inserting ‘‘2 percent’’; 

9 (ii) in subparagraph (B)(ii), by strik10 ing ‘‘subsection (g)’’ and inserting ‘‘sub11 section (h)’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(C) PERFORMANCE BONUS.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 subparagraph (A), for any fiscal year for 

17 which the amount appropriated under sub18 section (h) is not less than $140,000,000, 

19 the Secretary may pay a performance 

20 bonus to an eligible institution of higher 

21 education. 

22 ‘‘(ii) MAXIMUM AMOUNT.—A bonus 

23 paid to an eligible institution of higher 

24 education under clause (i) for a fiscal year 

25 shall not exceed an amount equal to 20 

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1 percent of the amount of the annual grant 

2 payment received by the institution under 

3 paragraph (3)(B) for the fiscal year pre4 ceding the fiscal year for which the bonus 

5 is paid. 

6 ‘‘(iii) USE OF BONUS.—A bonus re7 ceived by an institution under clause (i) 

8 shall be used by the institution in the same 

9 manner as a grant under this section and 

10 shall be treated as grant funds for pur11 poses of the application of paragraph (5), 

12 except that the Secretary may extend the 

13 grant period as necessary for the institu14 tion to use such bonus. 

15 ‘‘(iv) ELIGIBLE INSTITUTION OF

16 HIGHER EDUCATION.—In this subpara17 graph, the term ‘eligible institution of 

18 higher education’ means an institution of 

19 higher education that— 

20 ‘‘(I) has received a grant under 

21 this section for not less than the pe22 riod of three consecutive fiscal years 

23 preceding the fiscal year in which the 

24 bonus is paid under clause (i); 

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1 ‘‘(II) for each such preceding fis2 cal year, has met or exceeded the per3 formance levels established by the in4 stitution for such year under sub5 section (e)(1)(B)(v); and 

6 ‘‘(III) has demonstrated the need 

7 for such bonus.’’; and 

8 (B) in paragraph (3)— 

9 (i) in subparagraph (A), by striking 

10 ‘‘4 years’’ and inserting ‘‘5 years’’; and 

11 (ii) in subparagraph (B), by striking 

12 ‘‘subsection (e)(2)’’ and inserting ‘‘sub13 section (e)(3)’’; 

14 (2) by amending subsection (c) to read as fol15 lows: 

16 ‘‘(c) APPLICATIONS.— 

17 ‘‘(1) IN GENERAL.—An institution of higher 

18 education desiring a grant under this section shall 

19 submit an application to the Secretary at such time, 

20 in such manner, and accompanied by such informa21 tion as the Secretary may require. Such application 

22 shall— 

23 ‘‘(A) demonstrate that the institution is an 

24 eligible institution described in subsection 

25 (b)(4); 

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1 ‘‘(B) specify the amount of funds re2 quested; 

3 ‘‘(C) demonstrate the need of low-income 

4 students at the institution for campus-based 

5 child care services by including in the applica6 tion— 

7 ‘‘(i) information regarding student de8 mographics, including whether the student 

9 is a full-time or part-time student; 

10 ‘‘(ii) an assessment of child care ca11 pacity on or near campus; 

12 ‘‘(iii) information regarding the wait13 ing lists for child care services on or near 

14 campus; 

15 ‘‘(iv) information regarding additional 

16 needs created by concentrations of poverty 

17 or by geographic isolation; 

18 ‘‘(v) information about the number of 

19 low-income student parents being served 

20 through campus-based child care services; 

21 and 

22 ‘‘(vi) other relevant data; 

23 ‘‘(D) specify the estimated percentage of 

24 the institution’s grant that will be used directly 

25 to subsidize the fee charged for on-campus and 

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1 off-campus childcare, respectively, for low-in2 come students; 

3 ‘‘(E) contain a description of the activities 

4 to be assisted, including whether the grant 

5 funds will support an existing child care pro6 gram or a new child care program; 

7 ‘‘(F) identify the resources, including tech8 nical expertise and financial support, that the 

9 institution will draw upon to support the child 

10 care program and the participation of low-in11 come students in the program (such as access12 ing social services funding, using student activ13 ity fees to help pay the costs of child care, 

14 using resources obtained by meeting the needs 

15 of parents who are not low-income students, 

16 and accessing foundation, corporate, or other 

17 institutional support) and demonstrate that the 

18 use of the resources will not result in increases 

19 in student tuition; 

20 ‘‘(G) contain an assurance that the institu21 tion will meet the child care needs of low-in22 come students through the provision of services, 

23 or through a contract for the provision of serv24 ices; 

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1 ‘‘(H) describe the extent to which the child 

2 care program will coordinate with the institu3 tion’s early childhood education curriculum, to 

4 the extent the curriculum is available, to meet 

5 the needs of the students in the early childhood 

6 education program at the institution, and the 

7 needs of the parents and children participating 

8 in the child care program assisted under this 

9 section; 

10 ‘‘(I) in the case of an institution seeking 

11 assistance for a new child care program— 

12 ‘‘(i) provide a timeline, covering the 

13 period from receipt of the grant through 

14 the provision of the child care services, de15 lineating the specific steps the institution 

16 will take to achieve the goal of providing 

17 low-income students with child care serv18 ices; 

19 ‘‘(ii) specify any measures the institu20 tion will take to assist low-income students 

21 with child care during the period before 

22 the institution provides child care services; 

23 and 

24 ‘‘(iii) include a plan for identifying re25 sources needed for the child care services, 

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1 including space in which to provide child 

2 care services, and technical assistance if 

3 necessary; 

4 ‘‘(J) contain an assurance that any child 

5 care facility assisted under this section will 

6 meet the applicable State and local government 

7 licensing, certification, approval, or registration 

8 requirements; 

9 ‘‘(K) in the case of an institution that is 

10 awarded a grant under this section after the 

11 date of the enactment of the College Afford12 ability Act, provide an assurance that, not later 

13 than three years after the date on which such 

14 grant is awarded, any child care facility assisted 

15 with such grant will— 

16 ‘‘(i) meet Head Start performance 

17 standards under subchapter B of chapter 

18 13 of title 45, Code of Federal Regulations 

19 (as in effect on the date of enactment of 

20 the College Affordability Act) and any suc21 cessor regulations; 

22 ‘‘(ii) be in the top tier of the quality 

23 rating improvement system for such facili24 ties used by the State in which the facility 

25 is located; 

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1 ‘‘(iii) meet the licensing requirements 

2 of the State in which the facility is located 

3 and the quality requirements under the 

4 Child Care and Development Block Grant 

5 Act of 1990 (42 U.S.C. 9858 et seq.); or 

6 ‘‘(iv) be accredited by a national early 

7 childhood accrediting body with dem8 onstrated valid and reliable program qual9 ity standards; 

10 ‘‘(L) contain an assurance that the institu11 tion, when applicable, will make information 

12 available to students receiving child care serv13 ices provided under this section about the eligi14 bility of such students and their dependents for 

15 assistance under the supplemental nutrition as16 sistance program under the Food and Nutrition 

17 Act of 2008 (7 U.S.C. 2011 et seq.), the special 

18 supplemental nutrition program for women, in19 fants, and children under the Child Nutrition 

20 Act of 1966 (42 U.S.C. 1786), and the pro21 gram of block grants for States for temporary 

22 assistance for needy families established under 

23 part A of title IV of the Social Security Act (42 

24 U.S.C. 601 et seq.); and 

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1 ‘‘(M) contain an abstract summarizing the 

2 contents of such application and how the insti3 tution intends to achieve the purpose under 

4 subsection (a). 

5 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

6 may provide technical assistance to eligible institu7 tions to help such institutions qualify, apply for, and 

8 maintain a grant under this section.’’; 

9 (3) in subsection (d)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘to institutions of higher education 

12 that submit applications describing programs 

13 that’’; 

14 (B) by amending paragraph (1) to read as 

15 follows: 

16 ‘‘(1) based on the extent to which institutions 

17 of higher education that submit applications for such 

18 a grant leverage local or institutional resources, in19 cluding in-kind contributions, to support the activi20 ties assisted under this section;’’; 

21 (C) by redesignating paragraph (2) as 

22 paragraph (3); 

23 (D) by inserting after paragraph (1), the 

24 following: 

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1 ‘‘(2) to institutions of higher education that, 

2 compared to other institutions of higher education 

3 that submit applications for such a grant, dem4 onstrate a high likelihood of need for campus-based 

5 child care based on student demographics (such as 

6 a high proportion of low-income students or inde7 pendent students); and’’; and 

8 (E) in paragraph (3) (as redesignated by 

9 subparagraph (C)), by inserting ‘‘to institutions 

10 of higher education that submit applications de11 scribing programs that’’ before ‘‘utilize’’; and 

12 (4) in subsection (e)— 

13 (A) in paragraph (1)(B)— 

14 (i) by redesignating clauses (ii), (iii), 

15 and (iv) as clauses (vi), (vii), and (viii), re16 spectively; and 

17 (ii) by striking the semicolon at the 

18 end of clause (i) and inserting the fol19 lowing: ‘‘which shall include— 

20 ‘‘(I) the number of full- and part21 time students, respectively, receiving 

22 child care services under this section 

23 at least once per week during the aca24 demic year; 

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1 ‘‘(II) the number of credits accu2 mulated by students receiving such 

3 child care services; 

4 ‘‘(III) the number of students re5 ceiving child care services under this 

6 section at least once per week during 

7 the academic year who— 

8 ‘‘(aa) remain enrolled at the 

9 institution during the academic 

10 year for which they received such 

11 services; 

12 ‘‘(bb) enroll at the institu13 tion for the following academic 

14 year; and 

15 ‘‘(cc) graduate or transfer 

16 within— 

17 ‘‘(AA) 150 percent of 

18 the normal time for comple19 tion of a student’s four-year 

20 degree granting program; or 

21 ‘‘(BB) 200 percent of 

22 the normal time for comple23 tion of a student’s two-year 

24 degree-granting program; 

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1 ‘‘(ii) with respect to the total student 

2 enrollment at the institution and the total 

3 enrollment of low-income students at the 

4 institution, respectively— 

5 ‘‘(I) the rate at which students 

6 who complete an academic year at the 

7 institution re-enroll in the institution 

8 for the following academic year; and 

9 ‘‘(II) the percentage of students 

10 graduating or transferring within— 

11 ‘‘(aa) 150 percent of the 

12 normal time for completion of a 

13 student’s four-year degree grant14 ing program; or 

15 ‘‘(bb) 200 percent of the 

16 normal time for completion of a 

17 student’s two-year degree grant18 ing program; 

19 ‘‘(iii) the percentage of the institu20 tion’s grant that was used directly to sub21 sidize the fee charged for on-campus and 

22 off-campus childcare, respectively, for low23 income students; 

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1 ‘‘(iv) whether the institution restricts 

2 eligibility for child care services to only 

3 full-time students; 

4 ‘‘(v) the sufficiently ambitious levels 

5 of performance established for such year 

6 by the institution that demonstrate mean7 ingful progress and allow for meaningful 

8 evaluation of program quality based on the 

9 information in clauses (i)(III) and (iii);’’; 

10 (B) by redesignating paragraph (2) as 

11 paragraph (3); 

12 (C) by inserting after paragraph (1) the 

13 following: 

14 ‘‘(2) REPORT.— 

15 ‘‘(A) REPORT REQUIRED.—On an annual 

16 basis, the Secretary shall submit to the author17 izing committees a report that includes— 

18 ‘‘(i) a summary of the information de19 scribed in paragraph (1); and 

20 ‘‘(ii) each abstract submitted under 

21 subsection (c)(1)(M) by an institution of 

22 higher education that receives a grant 

23 under this section. 

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1 ‘‘(B) PUBLIC AVAILABILITY.—The Sec2 retary shall make each report submitted under 

3 subparagraph (A) publicly available.’’; 

4 (D) in paragraph (3), as so redesignated, 

5 by inserting ‘‘(other than the information pro6 vided under subparagraph (B)(v) of such para7 graph)’’ after ‘‘paragraph (1)’’; and 

8 (E) by adding at the end the following: 

9 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

10 shall provide technical assistance to institutions of 

11 higher education receiving grants under this section 

12 to help such institutions meet the reporting require13 ments under this subsection.’’; 

14 (5) by redesignating subsection (g) as sub15 section (h); 

16 (6) by inserting after subsection (f) the fol17 lowing: 

18 ‘‘(g) NONDISCRIMINATION.—No person in the United 

19 States shall, on the basis of actual or perceived race, color, 

20 religion, national origin, sex (including sexual orientation, 

21 gender identity, pregnancy, childbirth, a medical condition 

22 related to pregnancy or childbirth, and sex stereotype), or 

23 disability, be excluded from participation in, be denied the 

24 benefits of, or be subjected to discrimination by any pro25 gram funded, in whole or in part, with funds made availVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 able under this section or with amounts appropriated for 

2 grants, contracts, or certificates administered with such 

3 funds.’’; and 

4 (7) in subsection (h), as so redesignated, by 

5 striking ‘‘such sums as may be necessary for fiscal 

6 year 2009’’ and inserting ‘‘$200,000,000 for fiscal 

7 year 2021’’. 

8 Subpart 6—Jumpstart to College Grant Programs 

9 SEC. 4071. JUMPSTART TO COLLEGE GRANT PROGRAMS. 

10 Part A of title IV of the Higher Education Act of 

11 1965 (20 U.S.C. 1070 et seq.) is further amended by in12 serting after subpart 7 the following: 

13 ‘‘Subpart 8—Jumpstart to College 

14 ‘‘SEC. 419O. DEFINITIONS. 

15 ‘‘In this subpart: 

16 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en17 tity’ means an institution of higher education in 

18 partnership with one or more local educational agen19 cies (which may be an educational service agency). 

20 Such partnership may also include other entities 

21 such as nonprofit organizations or businesses, and 

22 schools in juvenile detention centers. 

23 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

24 The term ‘institution of higher education’ has the 

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1 meaning given the term in section 101 (20 U.S.C. 

2 1001). 

3 ‘‘(3) ESEA TERMS.—The terms ‘dual or con4 current enrollment program’, ‘early college high 

5 school’, ‘educational service agency’, ‘four-year ad6 justed cohort graduation rate’, ‘local educational 

7 agency’, ‘secondary school’, and ‘State’ have mean8 ings given the terms in section 8101 of the Elemen9 tary and Secondary Education Act of 1965 (20 

10 U.S.C. 7801). 

11 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low12 income student’ means a student counted under sec13 tion 1124(c) of the Elementary and Secondary Edu14 cation Act of 1965 (20 U.S.C. 6333(c)). 

15 ‘‘(5) RECOGNIZED POSTSECONDARY CREDEN16 TIAL.—The term ‘recognized postsecondary creden17 tial’ has the meaning given the term in section 3 of 

18 the Workforce Innovation and Opportunity Act (29 

19 U.S.C. 3102). 

20 ‘‘SEC. 419P. AUTHORIZATION OF APPROPRIATIONS; RES21 ERVATIONS. 

22 ‘‘(a) IN GENERAL.—To carry out this subpart, there 

23 are authorized to be appropriated $250,000,000 for fiscal 

24 year 2021 and each of the five succeeding fiscal years. 

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1 ‘‘(b) RESERVATIONS.—From the funds appropriated 

2 under subsection (a) for each fiscal year, the Secretary 

3 shall reserve— 

4 ‘‘(1) not less than 40 percent for grants to eli5 gible entities under section 419Q; 

6 ‘‘(2) not less than 55 percent for grants to 

7 States under section 419R; and 

8 ‘‘(3) not less than 5 percent for national activi9 ties under section 419T. 

10 ‘‘SEC. 419Q. GRANTS TO ELIGIBLE ENTITIES. 

11 ‘‘(a) IN GENERAL.—The Secretary shall award 

12 grants to eligible entities, on a competitive basis, to assist 

13 such entities in establishing or supporting an early college 

14 high school or dual or concurrent enrollment program in 

15 accordance with this section. 

16 ‘‘(b) DURATION.—Each grant under this section shall 

17 be awarded for a period of 6 years. 

18 ‘‘(c) GRANT AMOUNT.—The Secretary shall ensure 

19 that the amount of each grant under this section is suffi20 cient to enable each grantee to carry out the activities de21 scribed in subsection (h), except that a grant under this 

22 section may not exceed $2,000,000. 

23 ‘‘(d) MATCHING REQUIREMENT.— 

24 ‘‘(1) IN GENERAL.—For each year that an eligi25 ble entity receives a grant under this section, the enVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00366 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tity shall contribute matching funds, in the amounts 

2 described in paragraph (2), for the activities sup3 ported by the grant. 

4 ‘‘(2) AMOUNTS DESCRIBED.—The amounts de5 scribed in this paragraph are— 

6 ‘‘(A) for each of the first and second years 

7 of the grant period, 20 percent of the grant 

8 amount; 

9 ‘‘(B) for each of the third and fourth years 

10 of the grant period, 30 percent of the grant 

11 amount; 

12 ‘‘(C) for the fifth year of the grant period, 

13 40 percent of the grant amount; and 

14 ‘‘(D) for the sixth year of the grant period, 

15 50 percent of the grant amount. 

16 ‘‘(3) DETERMINATION OF AMOUNT CONTRIB17 UTED.— 

18 ‘‘(A) IN-KIND CONTRIBUTIONS.—The Sec19 retary shall allow an eligible entity to meet the 

20 requirements of this subsection through in-kind 

21 contributions. 

22 ‘‘(B) NON-FEDERAL SOURCES.—Not less 

23 than half of each amount described in para24 graph (2) shall be provided by the eligible entity 

25 from non-Federal sources. 

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1 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—An eligible en2 tity shall use a grant received under this section only to 

3 supplement funds that would, in the absence of such 

4 grant, be made available from other Federal, State, or 

5 local sources for activities supported by the grant, not to 

6 supplant such funds. 

7 ‘‘(f) PRIORITY.—In awarding grants under this sec8 tion, the Secretary shall give priority to eligible entities 

9 that— 

10 ‘‘(1) propose to establish or support an early 

11 college high school or other dual or concurrent en12 rollment program that will serve a student popu13 lation of which not less than 51 percent are low-in14 come students; 

15 ‘‘(2) include a local educational agency which 

16 serves a high school that is— 

17 ‘‘(A) identified for comprehensive support 

18 and improvement under section 

19 1111(c)(4)(D)(i) of the Elementary and Sec20 ondary Education Act of 1965 (20 U.S.C. 

21 6311(c)(4)(D)(i)); or 

22 ‘‘(B) implementing a targeted support and 

23 improvement plan as described in section 

24 1111(d)(2) of the Elementary and Secondary 

25 Education Act of 1965 (20 U.S.C. 6311(d)(2)); 

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1 ‘‘(3) are from States that provide assistance to 

2 early college high schools or other dual enrollment 

3 programs, such as assistance to defray the costs of 

4 higher education (including costs of tuition, fees, 

5 and textbooks); and 

6 ‘‘(4) propose to establish or support an early 

7 college high school or dual or concurrent enrollment 

8 program that meets quality standards established 

9 by— 

10 ‘‘(A) a nationally recognized accrediting 

11 agency or association that offers accreditation 

12 specifically for such programs; or 

13 ‘‘(B) a State process specifically for the re14 view and approval of such programs. 

15 ‘‘(g) EQUITABLE DISTRIBUTION.—The Secretary 

16 shall ensure, to the extent practicable, that eligible entities 

17 receiving grants under this section— 

18 ‘‘(1) are from a representative cross section 

19 of— 

20 ‘‘(A) urban, suburban, and rural areas; 

21 and 

22 ‘‘(B) regions of the United States; and 

23 ‘‘(2) include both two-year and four-year insti24 tutions of higher education. 

25 ‘‘(h) USES OF FUNDS.— 

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1 ‘‘(1) MANDATORY ACTIVITIES.— 

2 ‘‘(A) IN GENERAL.—An eligible entity shall 

3 use grant funds received under this section— 

4 ‘‘(i) to support the activities described 

5 in its application under subsection (i); 

6 ‘‘(ii) to create and maintain a coher7 ent system of supports for students, teach8 ers, principals, and faculty under the pro9 gram, including— 

10 ‘‘(I) college and career readiness, 

11 academic, and social support services 

12 for students; and 

13 ‘‘(II) professional development 

14 for secondary school teachers, faculty, 

15 and principals, and faculty from the 

16 institution of higher education, includ17 ing— 

18 ‘‘(aa) joint professional de19 velopment activities; and 

20 ‘‘(bb) activities to assist 

21 such teachers, faculty, and prin22 cipals in using effective parent 

23 and community engagement 

24 strategies and to help ensure the 

25 success of students academically 

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1 at risk of not enrolling in or com2 pleting postsecondary education, 

3 first-generation college students, 

4 and students described in section 

5 1111(b)(2)(B)(xi) of the Elemen6 tary and Secondary Education 

7 Act of 1965 (20 U.S.C. 

8 6311(b)(2)(B)(xi)); 

9 ‘‘(iii) to carry out liaison activities 

10 among the partners that comprise the eli11 gible entity pursuant to an agreement or 

12 memorandum of understanding docu13 menting commitments, resources, roles, 

14 and responsibilities of the partners con15 sistent with the design of the program; 

16 ‘‘(iv) for outreach programs to ensure 

17 that secondary school students and their 

18 families, including students academically at 

19 risk of not enrolling in or completing post20 secondary education, first-generation col21 lege students, and students described in 

22 section 1111(b)(2)(B)(xi) of the Elemen23 tary and Secondary Education Act of 1965 

24 (20 U.S.C. 6311(b)(2)(B)(xi)), are— 

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1 ‘‘(I) aware of, and recruited into, 

2 the early college high school or dual 

3 or concurrent enrollment program; 

4 and 

5 ‘‘(II) assisted with the process of 

6 enrolling and succeeding in the early 

7 college high school or dual or concur8 rent enrollment program, which may 

9 include providing academic support; 

10 ‘‘(v) to collect, share, and use data (in 

11 compliance with section 444 of the General 

12 Education Provisions Act (20 U.S.C. 

13 1232g)) for program improvement and 

14 program evaluation; and 

15 ‘‘(vi) to review and strengthen its pro16 gram to maximize the potential that stu17 dents participating in the program will 

18 eventually complete a recognized postsec19 ondary credential, including by opti20 mizing— 

21 ‘‘(I) the curriculum of the pro22 gram; 

23 ‘‘(II) the use of high-quality as24 sessments of student learning, such as 

25 performance-based, project-based, or 

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1 portfolio assessments that measure 

2 higher-order thinking skills; 

3 ‘‘(III) the sequence of courses of4 fered by the program; and 

5 ‘‘(IV) the alignment of academic 

6 calendars between the secondary 

7 schools and the institution of higher 

8 education participating in the pro9 gram. 

10 ‘‘(B) NEW PROGRAMS.—In the case of an 

11 eligible entity that uses a grant under this sec12 tion to establish an early college high school or 

13 dual or concurrent enrollment program, the en14 tity shall use such funds during the first year 

15 of the grant period— 

16 ‘‘(i) to design the curriculum and se17 quence of courses in collaboration with, at 

18 a minimum— 

19 ‘‘(I) faculty from the institution 

20 of higher education; 

21 ‘‘(II) teachers and faculty from 

22 the local educational agency; and 

23 ‘‘(III) in the case of a career and 

24 technical education program, employ25 ers or workforce development entities 

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1 to ensure that the program is aligned 

2 with labor market demand; 

3 ‘‘(ii) to develop and implement an ar4 ticulation agreement between the institu5 tion of higher education and the local edu6 cational agency that governs how sec7 ondary and postsecondary credits will be 

8 awarded under the program; and 

9 ‘‘(iii) to carry out the activities de10 scribed in subparagraph (A). 

11 ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible enti12 ty may use grant funds received under this section 

13 to support the activities described in its application 

14 under subsection (i), including by— 

15 ‘‘(A) purchasing textbooks and equipment 

16 that support the program’s curriculum; 

17 ‘‘(B) pursuant to the assurance provided 

18 by the eligible entity under subsection (i)(3)(A), 

19 paying tuition and fees for postsecondary 

20 courses taken by students under the program; 

21 ‘‘(C) incorporating work-based learning op22 portunities (other than by paying wages of stu23 dents) into the program (which may include 

24 partnering with entities that provide such op25 portunities), including— 

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1 ‘‘(i) internships; 

2 ‘‘(ii) career-based capstone projects; 

3 ‘‘(iii) pre-apprenticeships and reg4 istered apprenticeships provided by eligible 

5 providers of apprenticeship programs de6 scribed in section 122(a)(2)(B) of the 

7 Workforce Innovation and Opportunity Act 

8 (29 U.S.C. 3152(a)(2)(B)); and 

9 ‘‘(iv) work-based learning opportuni10 ties provided under chapters 1 and 2 of 

11 subpart 2 of part A of title IV of the High12 er Education Act of 1965 (20 U.S.C. 

13 1070a–11 et seq.); 

14 ‘‘(D) providing students with transpor15 tation to and from the program; 

16 ‘‘(E) paying costs for— 

17 ‘‘(i) high school teachers to obtain the 

18 skills, credentials, or industry certifications 

19 necessary to teach for the institution of 

20 higher education participating in the pro21 gram; or 

22 ‘‘(ii) postsecondary faculty to become 

23 certified to teach high school; or 

24 ‘‘(F) providing time during which sec25 ondary school teachers and faculty and faculty 

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1 from an institution of higher education can col2 laborate, which may include professional devel3 opment, the planning of team activities for such 

4 teachers and faculty and curricular design and 

5 student assessment. 

6 ‘‘(i) APPLICATION.— 

7 ‘‘(1) IN GENERAL.—To be eligible to receive a 

8 grant under this section, an eligible entity shall sub9 mit to the Secretary an application at such time, in 

10 such manner, and containing such information as 

11 the Secretary may require. 

12 ‘‘(2) CONTENTS OF APPLICATION.—The appli13 cation under paragraph (1) shall include, at min14 imum, a description of— 

15 ‘‘(A) the partnership that comprises the el16 igible entity, including documentation of part17 ner commitments, resources and budget, roles, 

18 and responsibilities; 

19 ‘‘(B) how the partners that comprise the 

20 eligible entity will coordinate to carry out the 

21 mandatory activities described in subsection 

22 (h)(1); 

23 ‘‘(C) the number of students intended to 

24 be served by the program and demographic in25 formation relating to such students; 

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1 ‘‘(D) how the eligible entity’s curriculum 

2 and sequence of courses form a program of 

3 study leading to a recognized postsecondary cre4 dential; 

5 ‘‘(E) how postsecondary credits earned will 

6 be transferable to institutions of higher edu7 cation within the State, including any applicable 

8 statewide transfer agreements and any provi9 sions of such agreements that are specific to 

10 dual or concurrent enrollment programs; 

11 ‘‘(F) how the eligible entity will conduct 

12 outreach to students; 

13 ‘‘(G) how the eligible entity will determine 

14 the eligibility of students for postsecondary 

15 courses, including an explanation of the mul16 tiple factors the entity will take into account to 

17 assess the readiness of students for such 

18 courses; and 

19 ‘‘(H) the sustainability plan for the early 

20 college high school or other dual or concurrent 

21 enrollment program. 

22 ‘‘(3) ASSURANCES.—The application under 

23 paragraph (1) shall include assurances from the eli24 gible entity that— 

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1 ‘‘(A) students participating in a program 

2 funded with a grant under this section will not 

3 be required to pay tuition or fees for postsec4 ondary courses taken under the program; 

5 ‘‘(B) postsecondary credits earned by stu6 dents under the program will be transcribed 

7 upon completion of the required course work; 

8 and 

9 ‘‘(C) instructors of postsecondary courses 

10 under the program will meet the same stand11 ards applicable to other faculty at the institu12 tion of higher education that is participating in 

13 the program. 

14 ‘‘SEC. 419R. GRANTS TO STATES. 

15 ‘‘(a) IN GENERAL.—The Secretary shall award 

16 grants to States, on a competitive basis, to assist States 

17 in supporting or establishing early college high schools or 

18 dual or concurrent enrollment programs. 

19 ‘‘(b) DURATION.—Each grant under this section shall 

20 be awarded for a period of 6 years. 

21 ‘‘(c) GRANT AMOUNT.—The Secretary shall ensure 

22 that the amount of each grant under this section is suffi23 cient to enable each grantee to carry out the activities de24 scribed in subsection (f). 

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1 ‘‘(d) MATCHING REQUIREMENT.—For each year that 

2 a State receives a grant under this section, the State shall 

3 provide, from non-Federal sources, an amount equal to 50 

4 percent of the amount of the grant received by the State 

5 for such year to carry out the activities supported by the 

6 grant. 

7 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—A State shall 

8 use a grant received under this section only to supplement 

9 funds that would, in the absence of such grant, be made 

10 available from other Federal, State, or local sources for 

11 activities supported by the grant, not to supplant such 

12 funds. 

13 ‘‘(f) USES OF FUNDS.— 

14 ‘‘(1) MANDATORY ACTIVITIES.—A State shall 

15 use grant funds received under this section to— 

16 ‘‘(A) support the activities described in its 

17 application under subsection (g); 

18 ‘‘(B) plan and implement a statewide 

19 strategy for expanding access to early college 

20 high schools and dual or concurrent enrollment 

21 programs for students who are underrep22 resented in higher education to raise statewide 

23 rates of secondary school graduation, readiness 

24 for postsecondary education, and completion of 

25 recognized postsecondary credentials, with a 

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1 focus on students academically at risk of not 

2 enrolling in or completing postsecondary edu3 cation; 

4 ‘‘(C) identify any obstacles to such a strat5 egy under State law or policy; 

6 ‘‘(D) provide technical assistance (either 

7 directly or through a knowledgeable inter8 mediary) to early college high schools and other 

9 dual or concurrent enrollment programs, which 

10 may include— 

11 ‘‘(i) brokering relationships and agree12 ments that forge a strong partnership be13 tween elementary and secondary and post14 secondary partners; and 

15 ‘‘(ii) offering statewide training, pro16 fessional development, and peer learning 

17 opportunities for school leaders, instruc18 tors, and counselors or advisors; 

19 ‘‘(E) identify and implement policies that 

20 will improve the effectiveness and ensure the 

21 quality of early college high schools and dual or 

22 concurrent enrollment programs, such as eligi23 bility and access, funding, data and quality as24 surance, governance, accountability, and align25 ment policies; 

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1 ‘‘(F) update the State’s requirements for a 

2 student to receive a regular high school diploma 

3 to align with the challenging State academic 

4 standards and entrance requirements for credit5 bearing coursework as described in subpara6 graphs (A) and (D) of section 1111(b)(1) of the 

7 Elementary and Secondary Education Act of 

8 1965 (20 U.S.C. 6311(b)(1)); 

9 ‘‘(G) incorporate indicators regarding stu10 dent access to and completion of early college 

11 high schools and dual or concurrent enrollment 

12 programs into the school quality and student 

13 success indicators included in the State system 

14 of annual meaningful differentiation as de15 scribed under section 1111(c)(4)(B)(v)(I) of the 

16 Elementary and Secondary Education Act of 

17 1965 (20 U.S.C. 6311(c)(4)(B)(v)(I)); 

18 ‘‘(H) disseminate best practices for early 

19 college high schools and dual or concurrent en20 rollment programs, which may include best 

21 practices from programs in the State or other 

22 States; 

23 ‘‘(I) facilitate statewide secondary and 

24 postsecondary data collection, research and 

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1 evaluation, and reporting to policymakers and 

2 other stakeholders; and 

3 ‘‘(J) conduct outreach programs to ensure 

4 that secondary school students, their families, 

5 and community members are aware of early col6 lege high schools and dual or concurrent enroll7 ment programs in the State. 

8 ‘‘(2) ALLOWABLE ACTIVITIES.—A State may 

9 use grant funds received under this section to— 

10 ‘‘(A) establish a mechanism to offset the 

11 costs of tuition, fees, standardized testing and 

12 performance assessment costs, and support 

13 services for low-income students, and students 

14 from underrepresented populations enrolled in 

15 early college and high schools or dual or concur16 rent enrollment; 

17 ‘‘(B) establish formal transfer systems 

18 within and across State higher education sys19 tems, including two-year and four-year public 

20 and private institutions, to maximize the trans21 ferability of college courses; 

22 ‘‘(C) provide incentives to school districts 

23 that— 

24 ‘‘(i) assist high school teachers in get25 ting the credentials needed to participate 

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1 in early college high school programs and 

2 dual or concurrent enrollment; and 

3 ‘‘(ii) encourage the use of college in4 structors to teach college courses in high 

5 schools; 

6 ‘‘(D) support initiatives to improve the 

7 quality of early college high school and dual or 

8 concurrent enrollment programs at partici9 pating institutions, including by assisting such 

10 institutions in aligning programs with the qual11 ity standards described in section 419Q(f)(3); 

12 and 

13 ‘‘(E) reimburse low-income students to 

14 cover part or all of the costs of an Advanced 

15 Placement or International Baccalaureate ex16 amination. 

17 ‘‘(g) STATE APPLICATIONS.— 

18 ‘‘(1) APPLICATION.—To be eligible to receive a 

19 grant under this section, a State shall submit to the 

20 Secretary an application at such time, in such man21 ner, and containing such information as the Sec22 retary may require. 

23 ‘‘(2) CONTENTS OF APPLICATION.—The appli24 cation under paragraph (1) shall include, at min25 imum, a description of— 

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1 ‘‘(A) how the State will carry out the man2 datory State activities described in subsection 

3 (f)(1); 

4 ‘‘(B) how the State will ensure that any 

5 programs funded with a grant under this sec6 tion are coordinated with programs under— 

7 ‘‘(i) the Carl D. Perkins Career and 

8 Technical Education Act of 2006 (20 

9 U.S.C. 2301 et seq.); 

10 ‘‘(ii) the Workforce Innovation and 

11 Opportunity Act (29 U.S.C. 3101 et seq.); 

12 ‘‘(iii) the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6301 et 

14 seq.); and 

15 ‘‘(iv) the Individuals with Disabilities 

16 Education Act (20 U.S.C. 1400 et seq.); 

17 ‘‘(C) how the State intends to use grant 

18 funds to address achievement gaps for each cat19 egory of students described in section 

20 1111(b)(2)(B)(xi) of the Elementary and Sec21 ondary Education Act of 1965 (20 U.S.C. 

22 6311(b)(2)(B)(xi)); 

23 ‘‘(D) how the State will access and lever24 age additional resources necessary to sustain 

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1 early college high schools or other dual or con2 current enrollment programs; 

3 ‘‘(E) how the State will identify and elimi4 nate barriers to implementing effective early 

5 college high schools and dual or concurrent en6 rollment programs after the grant expires, in7 cluding by engaging businesses and nonprofit 

8 organizations; and 

9 ‘‘(F) such other information as the Sec10 retary determines to be appropriate. 

11 ‘‘SEC. 419S. REPORTING AND OVERSIGHT. 

12 ‘‘(a) IN GENERAL.—Not less frequently than once 

13 annually, each State and eligible entity that receives a 

14 grant under this subpart shall submit to the Secretary a 

15 report on the progress of the State or eligible entity in 

16 carrying out the programs supported by such grant. 

17 ‘‘(b) FORM OF REPORT.—The report under sub18 section (a) shall be submitted to the Secretary at such 

19 time, in such manner, and containing such information as 

20 the Secretary may require. The Secretary shall issue uni21 form guidelines describing the information that shall be 

22 reported by grantees under such subsection. 

23 ‘‘(c) CONTENTS OF REPORT.— 

24 ‘‘(1) IN GENERAL.—The report under sub25 section (a) shall include, at minimum, the following: 

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1 ‘‘(A) The number of students enrolled in 

2 the early college high school or dual or concur3 rent enrollment program. 

4 ‘‘(B) The number and percentage of stu5 dents reimbursed by the State for part or all of 

6 the costs of an Advanced Placement or Inter7 national Baccalaureate examination and the 

8 student test scores. 

9 ‘‘(C) The number and percentage of stu10 dents enrolled in the early college high school or 

11 dual or concurrent enrollment program who 

12 earn a recognized postsecondary credential con13 currently with a high school diploma. 

14 ‘‘(D) The number of postsecondary credits 

15 earned by eligible students while enrolled in the 

16 early college high school or dual or concurrent 

17 enrollment program that may be applied toward 

18 a recognized postsecondary credential. 

19 ‘‘(E) The number and percentage of stu20 dents who earn a high school diploma. 

21 ‘‘(F) The number and percentage of grad22 uates who enroll in postsecondary education. 

23 ‘‘(2) CATEGORIES OF STUDENTS.—The infor24 mation described in each of subparagraphs (A) 

25 through (G) of paragraph (1) shall be set forth sepaVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00386 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 rately for each category of students described in sec2 tion 1111(b)(2)(B)(xi) of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 

4 6311(b)(2)(B)(xi)). 

5 ‘‘SEC. 419T. NATIONAL ACTIVITIES. 

6 ‘‘(a) REPORTING BY SECRETARY.—Not less fre7 quently than once annually, the Secretary shall submit to 

8 Congress a report that includes— 

9 ‘‘(1) an analysis of the information received 

10 from States and eligible entities under section 419S; 

11 ‘‘(2) an identification of best practices for car12 rying out programs supported by grants under this 

13 subpart; and 

14 ‘‘(3) the results of the evaluation under sub15 section (b). 

16 ‘‘(b) NATIONAL EVALUATION.—Not later than 6 

17 months after the date of the enactment of the College Af18 fordability Act, the Secretary shall seek to enter into a 

19 contract with an independent entity to perform an evalua20 tion of the grants awarded under this subtitle. Such eval21 uation shall apply rigorous procedures to obtain valid and 

22 reliable data concerning student outcomes by social and 

23 academic characteristics and monitor the progress of stu24 dents from secondary school to and through postsecondary 

25 education. 

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1 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to States and eligible entities 

3 concerning best practices and quality improvement pro4 grams in early college high schools and dual or concurrent 

5 enrollment programs and shall disseminate such best prac6 tices among eligible entities, States, and local educational 

7 agencies. 

8 ‘‘(d) ADMINISTRATIVE COSTS.—From amounts re9 served to carry out this section under section 419P(b)(3), 

10 the Secretary may reserve such sums as may be necessary 

11 for the direct administrative costs of carrying out the Sec12 retary’s responsibilities under this subtitle. 

13 ‘‘SEC. 419U. RULES OF CONSTRUCTION. 

14 ‘‘(a) EMPLOYEES.—Nothing in this subpart shall be 

15 construed to alter or otherwise affect the rights, remedies, 

16 and procedures afforded to the employees of local edu17 cational agencies (including schools) or institutions of 

18 higher education under Federal, State, or local laws (in19 cluding applicable regulations or court orders) or under 

20 the terms of collective bargaining agreements, memoranda 

21 of understanding, or other agreements between such em22 ployees and their employers. 

23 ‘‘(b) GRADUATION RATE.—A student who graduates 

24 from an early college high school supported by a grant 

25 under section 419Q within 100 percent of the normal time 

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1 for completion described in the eligible entity’s application 

2 under such section shall be counted in the four-year ad3 justed cohort graduation rate for such high school.’’. 

4 Subpart 7—TEACH Grants 

5 SEC. 4081. REVISED DEFINITIONS OF TEACH GRANTS. 

6 Section 420L of the Higher Education Act of 1965 

7 (20 U.S.C. 1070g) is amended by adding at the end the 

8 following: 

9 ‘‘(4) TEACHER PREPARATION PROGRAM.—The 

10 term ‘teacher preparation program’ means a State11 approved course of study provided by an institution 

12 of higher education, the completion of which sig13 nifies that an enrollee has met all the State’s edu14 cational or training requirements for initial certifi15 cation or licensure to teach in the State’s elementary 

16 schools or secondary schools.’’. 

17 SEC. 4082. REVISIONS TO ESTABLISHING TEACH GRANT 

18 PROGRAM. 

19 Section 420M of the Higher Education Act of 1965 

20 (20 U.S.C. 1070g–1) is amended— 

21 (1) in subsection (a)(1)— 

22 (A) by striking ‘‘an application’’ and in23 serting ‘‘a Free Application for Federal Student 

24 Aid authorized under section 483(a)’’; and 

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1 (B) by striking ‘‘in the amount of’’ and all 

2 that follows through the period at the end and 

3 inserting the following: ‘‘except as provided in 

4 subsection (d)(4), in the amount of— 

5 ‘‘(A) $8,000, to be available to a teacher 

6 candidate who is enrolled as an undergraduate 

7 junior at the eligible institution; 

8 ‘‘(B) $8,000, to be available to a teacher 

9 candidate who is enrolled as an undergraduate 

10 senior at the eligible institution; and 

11 ‘‘(C) $4,000, to be available to a teacher 

12 candidate who is enrolled at the eligible institu13 tion for any year not described in subparagraph 

14 (A) or (B) or a teacher candidate who is en15 rolled in the second year of an associate’s de16 gree program and intends to teach in an early 

17 childhood education program; and’’; and 

18 (2) in subsection (d)— 

19 (A) in paragraph (1), by striking ‘‘under20 graduate’’ and inserting ‘‘associate, under21 graduate,’’; and 

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

23 ‘‘(4) ASSOCIATE DEGREE STUDENTS.— 

24 ‘‘(A) MAXIMUM AMOUNT FOR ASSOCIATE

25 DEGREE STUDY.—The period during which an 

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1 associate degree student intending to teach in 

2 an early childhood education program may re3 ceive grants under this subpart shall be the pe4 riod required for the completion of an associ5 ate’s degree course of study pursued by the 

6 teacher candidate at the eligible institution at 

7 which the teacher candidate is in attendance, 

8 except that the total amount that a teacher 

9 candidate may receive under this subpart for an 

10 associate’s degree course of study shall not ex11 ceed $8,000. 

12 ‘‘(B) EFFECT ON FURTHER UNDER13 GRADUATE OR POST-BACCALAUREATE STUDY.— 

14 In the case of a teacher candidate intending to 

15 teach in an early childhood education program 

16 who receives a grant under this subpart for an 

17 associate’s degree course of study and who 

18 seeks to receive a grant described in subpara19 graph (A) or (B) of subsection (a)(1), the 

20 amount of such grant shall be equal to— 

21 ‘‘(i) one half of the amount that is 

22 equal to $16,000, minus the amount the 

23 teacher candidate received under this sub24 part for the associate’s degree course of 

25 study of such candidate, to be available to 

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1 a teacher candidate who is enrolled as an 

2 undergraduate junior at the eligible insti3 tution; and 

4 ‘‘(ii) one half of the amount that is 

5 equal to $16,000, minus the amount the 

6 teacher candidate received under this sub7 part for the associate’s degree course of 

8 study of such candidate, to be available to 

9 a teacher candidate who is enrolled as an 

10 undergraduate senior at the eligible insti11 tution.’’. 

12 SEC. 4083. REVISIONS TO TEACH GRANT AGREEMENTS TO 

13 SERVE AND ELIGIBILITY. 

14 Section 420N of the Higher Education Act of 1965 

15 (20 U.S.C. 1070g–2) is amended— 

16 (1) in subsection (a)— 

17 (A) in the heading of paragraph (2), by 

18 striking ‘‘DEMONSTRATION OF TEACH’’ and in19 sert ‘‘TEACH’’; 

20 (B) in paragraph (2)(A)(ii)(II), by striking 

21 ‘‘batteries in an undergraduate, post-bacca22 laureate, or graduate school admissions test’’ 

23 and inserting ‘‘assessments used for admission 

24 to an undergraduate, post-baccalaureate, or 

25 graduate school program’’; 

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1 (C) in paragraphs (2)(B)(i), by striking 

2 ‘‘or another high-need’’ and inserting ‘‘early 

3 childhood education, or another high-need’’; and 

4 (D) in paragraph (2)(B)(ii), by striking ‘‘, 

5 such as Teach for America,’’; 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)— 

8 (i) in subparagraph (B), by inserting 

9 before the semicolon at the end the fol10 lowing: ‘‘or in a high-need early childhood 

11 education program (as defined in section 

12 200(15));’’; 

13 (ii) in subparagraph (C)— 

14 (I) by striking ‘‘or’’ at the end of 

15 clause (vi); 

16 (II) by redesignating clause (vii) 

17 as clause (viii); 

18 (III) by inserting after clause 

19 (vi), as so amended, the following: 

20 ‘‘(vii) early childhood education; or’’; 

21 and 

22 (IV) in clause (viii), as so redes23 ignated, by adding ‘‘and’’ at the end; 

24 (iii) in subparagraph (D)— 

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1 (I) by inserting ‘‘or early child2 hood education program’’ after 

3 ‘‘school’’; and 

4 (II) by striking ‘‘and’’ at the end; 

5 and 

6 (iv) by striking subparagraph (E); 

7 (B) by striking ‘‘and’’ at the end of para8 graph (2); 

9 (C) by striking the period at the end of 

10 paragraph (3) and inserting ‘‘; and’’; and 

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

12 ‘‘(4) the Secretary will— 

13 ‘‘(A) notify, or ensure that the applicable 

14 loan servicer will notify, the applicant of— 

15 ‘‘(i) the date on which submission of 

16 the certification under paragraph (1)(D) is 

17 required; and 

18 ‘‘(ii) any failure to submit such cer19 tification; and 

20 ‘‘(B) allow employers and borrowers to use 

21 electronic signatures to certify such employ22 ment.’’; 

23 (3) in subsection (c)— 

24 (A) by striking ‘‘In the event’’ and insert25 ing the following: 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 in the event’’; and 

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

4 ‘‘(2) CLARIFICATION.— 

5 ‘‘(A) APPLICATION.—Paragraph (1) may 

6 only apply with respect to a recipient of a grant 

7 under this subpart if— 

8 ‘‘(i) after completing the course of 

9 study for which the recipient received the 

10 grant, such recipient does not serve as a 

11 full-time teacher as required under sub12 section (b)(1) for at least— 

13 ‘‘(I) 1 year, as certified under 

14 subsection (b)(1)(D) on a date that is 

15 not later than 5 years after the date 

16 such course of study was completed; 

17 ‘‘(II) 2 years, as certified under 

18 subsection (b)(1)(D) on a date that is 

19 not later than 6 years after the date 

20 such course of study was completed; 

21 ‘‘(III) 3 years, as certified under 

22 subsection (b)(1)(D) on a date that is 

23 not later than 7 years after the date 

24 such course of study was completed; 

25 or 

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1 ‘‘(IV) 4 years, as certified under 

2 subsection (b)(1)(D) on a date that is 

3 not later than 8 years after the date 

4 such course of study was completed; 

5 or 

6 ‘‘(ii) the recipient elects to have such 

7 grant treated as a loan in accordance with 

8 such paragraph (1). 

9 ‘‘(B) APPEAL.—A recipient of a grant may 

10 appeal a decision to convert a loan under para11 graph (1).’’; and 

12 (4) in subsection (d)— 

13 (A) by redesignating paragraph (2) as 

14 paragraph (5); 

15 (B) in paragraph (1), by striking ‘‘sub16 section (b)(1)(C)(vii)’’ and inserting ‘‘sub17 section (b)(1)(C)(viii)’’; and 

18 (C) by inserting after paragraph (1), the 

19 following: 

20 ‘‘(2) CHANGE OF SCHOOL DESCRIPTION OR

21 PROGRAM DEFINITION.—If a recipient of an initial 

22 grant under this subpart teaches in a school or an 

23 early childhood education program for an academic 

24 year during which the school is identified as a school 

25 described in section 465(a)(2)(A) or a program that 

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1 meets the definition of section 200(15), but the 

2 school or program no longer meets such description 

3 or definition during a subsequent academic year, the 

4 grant recipient may fulfill the service obligation de5 scribed in subsection (b)(1) by continuing to teach 

6 at that school or program. 

7 ‘‘(3) CHANGE OF TEACHER DUTIES OR ASSIGN8 MENT.—If a recipient of an initial grant under this 

9 subpart teaches as a full-time teacher described in 

10 subsection (b)(1)(A), but the recipient no longer 

11 meets such description during a subsequent aca12 demic year due to switching academic roles to that 

13 of a full-time co-teacher, teacher leader, instruc14 tional or academic coach, department chairperson, 

15 special education case manager, guidance counselor, 

16 or school administrator within a school or program, 

17 the grant recipient may fulfill the service obligation 

18 described in subsection (b)(1) by continuing to work 

19 in any such academic role on a full-time basis at 

20 that school or program 

21 ‘‘(4) CHANGE IN HIGH-NEED FIELD STATUS.— 

22 If a recipient of an initial grant under this subpart 

23 teaches in a field at a school or an early childhood 

24 education program for an academic year during 

25 which the field is designated under subsection 

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1 (b)(1)(C)(viii), but the field no longer is so des2 ignated during a subsequent academic year, the 

3 grant recipient may fulfill the service obligation de4 scribed in subsection (b)(1) by continuing to teach 

5 in such field at such school or early childhood edu6 cation program.’’. 

7 SEC. 4084. REVISIONS TO TEACH GRANT DATA COLLECTION 

8 AND REPORTING. 

9 Section 420P of the Higher Education Act of 1965 

10 (20 U.S.C. 1070g–4) is amended to read as follows: 

11 ‘‘SEC. 420P. DATA COLLECTION AND REPORTING. 

12 ‘‘(a) DATA COLLECTION.— 

13 ‘‘(1) AGGREGATE STUDENT DATA.—On an an14 nual basis, using the postsecondary student data 

15 system established under section 132(l) or a suc16 cessor system (whichever includes the most recent 

17 data) to streamline reporting requirements and mini18 mize reporting burdens, and in coordination with the 

19 National Center for Education Statistics, the Sec20 retary shall determine, disaggregate in accordance 

21 with paragraph (2), and make available to the public 

22 in accordance with paragraph (3), with respect to 

23 each institution (and each category of institution 

24 listed in section 132(d)) that received a payment 

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1 under this subpart in the previous academic year, 

2 the following information: 

3 ‘‘(A) The number and mean dollar amount 

4 of TEACH Grants awarded to students at the 

5 institution. 

6 ‘‘(B) The number and proportion of 

7 TEACH Grant recipients who exit their pro8 gram of study before completing the program. 

9 ‘‘(C) The number and proportion of 

10 TEACH Grant recipients who complete their 

11 program of study and begin employment as a 

12 teacher in the first academic year following the 

13 year of such completion. 

14 ‘‘(D) The number and proportion of indi15 viduals employed as teachers who received a 

16 TEACH Grant and whose TEACH Grants are 

17 converted into loans during the 8-year period 

18 following the year in which the recipient com19 pleted the recipient’s program of study, set 

20 forth separately for each year in such period. 

21 ‘‘(E) The number and proportion of 

22 TEACH Grant recipients who fulfill the terms 

23 of their agreement to serve under section 

24 420N(b) during the 8-year period following the 

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1 ent’s program of study, set forth separately for 

2 each year in such period. 

3 ‘‘(2) DISAGGREGATION.—The information de4 termined under paragraph (1)— 

5 ‘‘(A) except in cases in which such 

6 disaggregation would reveal personally identifi7 able information about an individual student, 

8 shall be disaggregated by— 

9 ‘‘(i) race; 

10 ‘‘(ii) ethnicity; 

11 ‘‘(iii) gender; 

12 ‘‘(iv) socioeconomic status; 

13 ‘‘(v) Federal Pell Grant eligibility sta14 tus; 

15 ‘‘(vi) status as a first-generation col16 lege student (as defined in section 

17 402A(h)); 

18 ‘‘(vii) military or veteran status; 

19 ‘‘(viii) disability status; 

20 ‘‘(ix) level of study (associate, under21 graduate, postbaccalaureate, or graduate, 

22 as applicable); and 

23 ‘‘(x) each teacher preparation pro24 gram offered by an institution; and 

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1 ‘‘(B) may be disaggregated by any com2 bination of subgroups or descriptions described 

3 in subparagraph (A). 

4 ‘‘(3) AVAILABILITY OF DATA.—The information 

5 determined under paragraph (1) shall— 

6 ‘‘(A) remain available to the public for a 

7 period of not less than 10 years after its initial 

8 release by the Secretary; and 

9 ‘‘(B) be updated as necessary to reflect the 

10 most accurate and up-to-date information for 

11 each institution for each year of data collection. 

12 ‘‘(b) INFORMATION FROM INSTITUTIONS.—Each in13 stitution that receives a payment under this subpart shall 

14 provide to the Secretary, on an annual basis, such infor15 mation as may be necessary for the Secretary to carry out 

16 subsection (a). 

17 ‘‘(c) REPORTS AND DISSEMINATION.— 

18 ‘‘(1) INITIAL AND INTERIM REPORTS.—Not 

19 later than 3 years after the date on which the first 

20 TEACH Grant is awarded under this subpart after 

21 the date of enactment of the College Affordability 

22 Act, and at least once every 3 years thereafter, the 

23 Secretary shall submit to the authorizing committees 

24 a report that includes the information required 

25 under paragraph (2). 

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1 ‘‘(2) ELEMENTS.—Each report under this sub2 section shall include, based on information deter3 mined under subsection (a), the following: 

4 ‘‘(A) A review of the utilization of TEACH 

5 Grants at teacher preparation programs at in6 stitutions that received a payment under this 

7 subpart. 

8 ‘‘(B) A review of TEACH Grant practices 

9 that correlate with higher rates of completion of 

10 agreements under section 420N(b). 

11 ‘‘(C) Guidance and recommendations on 

12 how effective utilization of TEACH Grants can 

13 be replicated. 

14 ‘‘(3) AVAILABILITY.—Each report under this 

15 subsection shall be made available to the public in 

16 an accessible format— 

17 ‘‘(A) on a website of the Department of 

18 Education; and 

19 ‘‘(B) in any other format determined to be 

20 appropriate by the Secretary.’’. 

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1 Subpart 8—Northern Mariana Islands and American 

2 Samoa College Access 

3 SEC. 4091. NORTHERN MARIANA ISLANDS AND AMERICAN 

4 SAMOA COLLEGE ACCESS. 

5 Subpart 10 of part A of title IV (20 U.S.C. 1070(h)) 

6 is amended to read as follows: 

7 ‘‘Subpart 10—Northern Mariana Islands and 

8 American Samoa College Access 

9 ‘‘SEC. 420R. PUBLIC SCHOOL GRANTS. 

10 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

11 establish a program that enables college-bound residents 

12 of the Northern Mariana Islands and American Samoa to 

13 have greater choices among institutions of higher edu14 cation. 

15 ‘‘(b) GRANTS.— 

16 ‘‘(1) IN GENERAL.—From amounts appro17 priated under subsection (j), the Secretary shall pro18 vide— 

19 ‘‘(A) 50 percent of such amount to the 

20 Northern Mariana Islands for the Governor to 

21 award grants to eligible institutions that enroll 

22 eligible students to pay the difference between 

23 the tuition and fees charged for in-State stu24 dents and the tuition and fees charged for out25 of-State students on behalf of each eligible stu26 dent enrolled in the eligible institution; and 

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1 ‘‘(B) 50 percent of such amount to the 

2 American Samoa for the Governor to award 

3 grants to eligible institutions that enroll eligible 

4 students to pay the difference between the tui5 tion and fees charged for in-State students and 

6 the tuition and fees charged for out-of-State 

7 students on behalf of each eligible student en8 rolled in the eligible institution. 

9 ‘‘(2) MAXIMUM STUDENT AMOUNTS.—The 

10 amount paid on behalf of an eligible student under 

11 this section shall be— 

12 ‘‘(A) not more than $15,000 for any one 

13 award year (as defined in section 481); and 

14 ‘‘(B) not more than $45,000 in the aggre15 gate. 

16 ‘‘(3) PRORATION.—The Governor shall prorate 

17 payments under this section for students who attend 

18 an eligible institution on less than a full-time basis. 

19 ‘‘(c) REDUCTION FOR INSUFFICIENT APPROPRIA20 TIONS.— 

21 ‘‘(1) IN GENERAL.—If the funds appropriated 

22 pursuant to subsection (j) for any fiscal year are in23 sufficient to award a grant in the amount deter24 mined under subsection (a) on behalf of each eligible 

25 student enrolled in an eligible institution, then the 

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1 Governor, in consultation with the Secretary of Edu2 cation, shall— 

3 ‘‘(A) first, ratably reduce the amount of 

4 the tuition and fee payment made on behalf of 

5 each eligible student who has not received funds 

6 under this section for a preceding year; and 

7 ‘‘(B) after making reductions under sub8 paragraph (A), ratably reduce the amount of 

9 the tuition and fee payments made on behalf of 

10 all other eligible students. 

11 ‘‘(2) ADJUSTMENTS.—The Governor, in con12 sultation with the Secretary of Education, may ad13 just the amount of tuition and fee payments made 

14 under paragraph (1) based on— 

15 ‘‘(A) the financial need of the eligible stu16 dents to avoid undue hardship to the eligible 

17 students; or 

18 ‘‘(B) undue administrative burdens on the 

19 Governor. 

20 ‘‘(3) FURTHER ADJUSTMENTS.—Notwith21 standing paragraphs (1) and (2), the Governor may 

22 prioritize the making or amount of tuition and fee 

23 payments under this subsection based on the income 

24 and financial need of eligible students. 

25 ‘‘(d) DEFINITIONS.—In this subpart: 

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1 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi2 ble institution’ means an institution that— 

3 ‘‘(A) is a public four-year institution of 

4 higher education located in one of the several 

5 States, the District of Columbia, Puerto Rico, 

6 the United States Virgin Islands, or Guam; 

7 ‘‘(B) is eligible to participate in the stu8 dent financial assistance programs under title 

9 IV; and 

10 ‘‘(C) enters into an agreement with the 

11 Governors of the Northern Mariana Islands and 

12 American Samoa containing such conditions as 

13 each Governor may specify, including a require14 ment that the institution use the funds made 

15 available under this section to supplement and 

16 not supplant assistance that otherwise would be 

17 provided to eligible students from the Northern 

18 Mariana Islands and American Samoa. 

19 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

20 student’ means an individual who— 

21 ‘‘(A) graduated from a public institution of 

22 higher education located in the Northern Mar23 iana Islands or American Samoa; 

24 ‘‘(B) begins the individual’s course of 

25 study within the 3 calendar years (excluding 

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1 any period of service on active duty in the 

2 Armed Forces or service under the Peace Corps 

3 Act (22 U.S.C. 2501 et seq.) or subtitle D of 

4 title I of the National and Community Service 

5 Act of 1990 (42 U.S.C. 12571 et seq.)) of grad6 uation from a public institution of higher edu7 cation located in the Northern Mariana Islands 

8 or American Samoa; 

9 ‘‘(C) is enrolled or accepted for enrollment, 

10 on at least a half-time basis, in a baccalaureate 

11 degree or other program (including a program 

12 of study abroad approved for credit by the insti13 tution at which such student is enrolled) lead14 ing to a recognized educational credential at an 

15 eligible institution; 

16 ‘‘(D) if enrolled in an eligible institution, is 

17 maintaining satisfactory progress in the course 

18 of study the student is pursuing in accordance 

19 with section 484(c); and 

20 ‘‘(E) has not completed the individual’s 

21 first undergraduate baccalaureate course of 

22 study. 

23 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

24 The term ‘institution of higher education’ has the 

25 meaning given the term in section 101. 

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1 ‘‘(4) GOVERNOR.—The term ‘Governor’ means 

2 the Governor of the Commonwealth of the Northern 

3 Mariana Islands or American Samoa. 

4 ‘‘(e) CONSTRUCTION.—Nothing in this subpart shall 

5 be construed to require an institution of higher education 

6 to alter the institution’s admissions policies or standards 

7 in any manner to enable an eligible student to enroll in 

8 the institution. 

9 ‘‘(f) APPLICATIONS.—Each student desiring a tuition 

10 payment under this section shall submit an application to 

11 the eligible institution at such time, in such manner, and 

12 accompanied by such information as the eligible institution 

13 may require. 

14 ‘‘(g) ADMINISTRATION OF PROGRAM.— 

15 ‘‘(1) IN GENERAL.—Each Governor shall carry 

16 out the program under this section in consultation 

17 with the Secretary. Each Governor may enter into a 

18 grant, contract, or cooperative agreement with an19 other public or private entity to administer the pro20 gram under this section if the Governor determines 

21 that doing so is a more efficient way of carrying out 

22 the program. 

23 ‘‘(2) POLICIES AND PROCEDURES.—Each Gov24 ernor, in consultation with institutions of higher 

25 education eligible for participation in the program 

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1 authorized under this section, shall develop policies 

2 and procedures for the administration of the pro3 gram. 

4 ‘‘(3) MEMORANDUM OF AGREEMENT.—Each 

5 Governor and the Secretary shall enter into a Memo6 randum of Agreement that describes— 

7 ‘‘(A) the manner in which the Governor 

8 shall consult with the Secretary with respect to 

9 administering the program under this section; 

10 and 

11 ‘‘(B) any technical or other assistance to 

12 be provided to the Governor by the Secretary 

13 for purposes of administering the program 

14 under this section (which may include access to 

15 the information in the common financial report16 ing form developed under section 483). 

17 ‘‘(h) GOVERNOR’S REPORT.—Each Governor shall re18 port to the Secretary and the authorizing committees an19 nually regarding— 

20 ‘‘(1) the number of eligible students attending 

21 each eligible institution and the amount of the grant 

22 awards paid to those institutions on behalf of the eli23 gible students; 

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1 ‘‘(2) the extent, if any, to which a ratable re2 duction was made in the amount of tuition and fee 

3 payments made on behalf of eligible students; and 

4 ‘‘(3) the progress in obtaining recognized aca5 demic credentials of the cohort of eligible students 

6 for each year. 

7 ‘‘(i) GAO REPORT.—Not later than 24 months of the 

8 date of the enactment of this College Affordability Act, 

9 the Comptroller General of the United States shall report 

10 on the effect of the program assisted under this section 

11 on educational opportunities for eligible students. The 

12 Comptroller General shall analyze whether eligible stu13 dents had difficulty gaining admission to eligible institu14 tions because of any preference afforded to in-State resi15 dents by eligible institutions, and shall expeditiously report 

16 any findings regarding such difficulty to Congress. In ad17 dition the Comptroller General shall— 

18 ‘‘(1) analyze and identify any challenges eligible 

19 students face in gaining admission to eligible institu20 tions, including admission aided by assistance pro21 vided under this subpart, due to— 

22 ‘‘(A) caps on the number of out-of-State 

23 students the institution will enroll; 

24 ‘‘(B) significant barriers imposed by aca25 demic entrance requirements (such as grade 

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1 point average and standardized scholastic ad2 missions tests); and 

3 ‘‘(C) absence of admission programs bene4 fitting minority students; and 

5 ‘‘(2) report the findings of the analysis de6 scribed in paragraph (1) and the assessment de7 scribed in paragraph (2) to Congress and the Gov8 ernor. 

9 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Commonwealth 

11 of the Northern Mariana Islands and American Samoa to 

12 carry out this subpart $5,000,000, to be available until 

13 expended, for fiscal year 2021 and each of the 5 suc14 ceeding fiscal years. 

15 ‘‘(k) EFFECTIVE DATE.—This subpart shall take ef16 fect with respect to payments for periods of instruction 

17 that begin on or after January 1, 2021. 

18 ‘‘SEC. 420S. GENERAL REQUIREMENTS. 

19 ‘‘(a) PERSONNEL.—The Secretary shall arrange for 

20 the assignment of an individual, pursuant to subchapter 

21 VI of chapter 33 of title 5, United States Code, to serve 

22 as an adviser to each Governor with respect to the pro23 grams assisted under this subpart. 

24 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each Governor 

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1 able for a program under section 420R for a fiscal year 

2 to pay the administrative expenses of a program under 

3 section 420R for the fiscal year. 

4 ‘‘(c) INSPECTOR GENERAL REVIEW.—Each of the 

5 programs assisted under this subpart shall be subject to 

6 audit and other review by the Inspector General of the 

7 Department of Education in the same manner as pro8 grams are audited and reviewed under the Inspector Gen9 eral Act of 1978 (5 U.S.C. App.). 

10 ‘‘(d) GIFTS.—The Governor may accept, use, and dis11 pose of donations of services or property for purposes of 

12 carrying out this subpart. 

13 ‘‘(e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 

14 Each Governor shall establish rules to adjust the max15 imum student amounts described in section 440S(b)(2) for 

16 eligible students described in section 440S(d)(2) who 

17 transfer between the eligible institutions described in sec18 tion 440S(d)(1).’’. 

19 Subpart 9—Community College Student Success 

20 SEC. 4092. COMMUNITY COLLEGE STUDENT SUCCESS 

21 GRANT PROGRAM AUTHORIZED. 

22 Part A of title IV (20 U.S.C. 1070 et seq.) is further 

23 amended by adding at the end the following: 

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1 ‘‘Subpart 11—Community College Student Success 

2 ‘‘SEC. 420T. COMMUNITY COLLEGE STUDENT SUCCESS 

3 GRANT PROGRAM AUTHORIZED. 

4 ‘‘From the amounts appropriated under 420BB, the 

5 Secretary of Education shall establish and carry out the 

6 community college student success grant program to 

7 award grants under sections 420U and 420V, on a com8 petitive basis, to eligible institutions to plan and imple9 ment community college student success programs de10 signed to increase— 

11 ‘‘(1) the rate at which program participants 

12 graduate from a program of study at such eligible 

13 institution within 150 percent of the normal time for 

14 graduation; and 

15 ‘‘(2) transfer rates of program participants. 

16 ‘‘SEC. 420U. GRANTS TO PLAN COMMUNITY COLLEGE STU17 DENT SUCCESS PROGRAMS. 

18 ‘‘(a) PLANNING GRANTS AUTHORIZED.—From the 

19 amounts appropriated to carry out this section under sec20 tion 420BB for a fiscal year, the Secretary shall award 

21 planning grants for such fiscal year, on a competitive 

22 basis, to eligible institutions to develop plans for commu23 nity college student success programs. 

24 ‘‘(b) DURATION.—A grant awarded under this sec25 tion shall be for a 1-year period. 

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1 ‘‘(c) PEER REVIEW PROCESS; PRIORITY.—In award2 ing grants under this section for a fiscal year, the Sec3 retary shall— 

4 ‘‘(1) carry out a peer review process that— 

5 ‘‘(A) requires that each application sub6 mitted under subsection (d) be peer reviewed by 

7 a panel of readers composed of individuals se8 lected by the Secretary, which shall include— 

9 ‘‘(i) not less than 50 percent of read10 ers— 

11 ‘‘(I) who are not employees of the 

12 Federal Government; and 

13 ‘‘(II) who have relevant research 

14 or practical experience with respect to 

15 student support programs designed to 

16 increase graduation rates and transfer 

17 rates at public 2-year institutions of 

18 higher education; and 

19 ‘‘(ii) to the maximum extent prac20 ticable, individuals who are members of 

21 groups underrepresented in higher edu22 cation, including African Americans, His23 panics, Native Americans, Alaska Natives, 

24 Asian Americans, Native American Pacific 

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1 Islanders (including Native Hawaiians), 

2 and individuals with disabilities; and 

3 ‘‘(B) ensures that no individual assigned 

4 under subparagraph (A) to review an applica5 tion has any conflict of interest with regard to 

6 that application that may make the individual 

7 unable to impartially conduct such review; and 

8 ‘‘(2) give priority to eligible institutions that 

9 are eligible to receive funding under title III or V. 

10 ‘‘(d) APPLICATION.—An eligible institution desiring 

11 a grant under this section shall submit an application to 

12 the Secretary at such time, in such manner, and con13 taining such information as the Secretary may require, 

14 which shall include— 

15 ‘‘(1) the graduation rate and transfer rate for 

16 the most recent academic year for which data are 

17 available for eligible students and all students, re18 spectively; 

19 ‘‘(2) an analysis of how implementing a commu20 nity college student success program may improve 

21 the graduation rate or transfer rate for eligible stu22 dents; and 

23 ‘‘(3) a description of the methods the eligible 

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1 uation rate or transfer rate with respect to eligible 

2 students and all students, respectively. 

3 ‘‘(e) USE OF FUNDS.—An eligible institution that re4 ceives a grant under this section shall use the grant to 

5 develop a plan to implement a community college student 

6 success program at the eligible institution. 

7 ‘‘(f) REPORT.—Not later than 1 year after the date 

8 on which an eligible institution receives a grant under this 

9 section, such eligible institution shall submit to the Sec10 retary a report that includes— 

11 ‘‘(1) a plan for implementing a community col12 lege student success program at the eligible institu13 tion, including— 

14 ‘‘(A) the sufficiently ambitious outcome 

15 goals for achieving significant improvements in 

16 graduation rates and transfer rates for program 

17 participants, as such rates are defined by the 

18 eligible institution, in consultation with the Sec19 retary, before the end of the grant period; 

20 ‘‘(B) the number of such eligible students 

21 who will participate in such program, including 

22 how such eligible students will be identified, re23 ferred, and selected, in cases where the interest 

24 in the program is larger than the budget for the 

25 program; 

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1 ‘‘(C) based on the most recent academic 

2 year for which data are available, disaggregated 

3 by full-time students and all students— 

4 ‘‘(i) graduation rates; and 

5 ‘‘(ii) transfer rates; 

6 ‘‘(D) an analysis of the financial needs of 

7 the full-time students; 

8 ‘‘(E) a description of how the eligible insti9 tution will effectively staff a community college 

10 student success program; and 

11 ‘‘(F) a timeline for the implementation of 

12 such program; 

13 ‘‘(2) a budgetary analysis that includes— 

14 ‘‘(A) a description of how the eligible insti15 tution will provide non-Federal funds for such 

16 program under subsection (d) of section 420V; 

17 and 

18 ‘‘(B) a description of how the eligible insti19 tution will continue to fund such program after 

20 the end of the grant period for the grant 

21 awarded to the institution under section 420V; 

22 and 

23 ‘‘(3) such other information as the Secretary 

24 may require. 

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1 ‘‘SEC. 420V. GRANTS TO IMPLEMENT COMMUNITY COLLEGE 

2 STUDENT SUCCESS PROGRAMS. 

3 ‘‘(a) IMPLEMENTATION GRANTS AUTHORIZED.— 

4 ‘‘(1) IN GENERAL.—From the amounts appro5 priated to carry out this section under section 

6 420BB for a fiscal year, the Secretary shall award 

7 grants for such fiscal year, on a competitive basis, 

8 to eligible institutions awarded a grant under section 

9 420U to implement community college student suc10 cess programs. 

11 ‘‘(2) CONSULTATION.—In awarding grants 

12 under this section for a fiscal year, the Secretary 

13 shall consult with the independent evaluator before 

14 finalizing which eligible institutions will receive such 

15 a grant for such fiscal year. 

16 ‘‘(b) REQUIREMENTS FOR SELECTION.—To be eligi17 ble to receive a grant under this section, an eligible institu18 tion shall meet the following requirements: 

19 ‘‘(1) The eligible institution was awarded a 

20 grant under section 420U at least 1 year before 

21 such eligible institution submits an application under 

22 subsection (e). 

23 ‘‘(2) The eligible institution submits an applica24 tion under subsection (e). 

25 ‘‘(3) The eligible institution demonstrates, on 

26 the date of the application described in subsection 

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1 (e), the availability of non-Federal funding for the 

2 matching funds required under subparagraphs (A), 

3 (B), and (C) of subsection (d)(1). 

4 ‘‘(c) DURATION.—A grant awarded under this section 

5 shall be for a 5-year period. 

6 ‘‘(d) NON-FEDERAL CONTRIBUTION.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), an eligible institution awarded a grant 

9 under this section shall contribute in cash from non10 Federal sources, the following: 

11 ‘‘(A) For the second year of the grant pe12 riod, an amount equal to 20 percent of the cost 

13 of carrying out the community college student 

14 success program at the institution for such 

15 year. 

16 ‘‘(B) For the third year of the grant pe17 riod, an amount equal to 30 percent of the cost 

18 of carrying out such program for such year. 

19 ‘‘(C) For the fourth year of the grant pe20 riod, an amount equal to 40 percent of the cost 

21 of carrying out such program for such year. 

22 ‘‘(D) For the fifth year of the grant pe23 riod, an amount equal to 50 percent of the cost 

24 of carrying out such program for such year. 

25 ‘‘(2) EXCEPTION.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), with respect to an exempt institution 

3 awarded a grant under this section, for each 

4 year of the grant period beginning with the sec5 ond year through the fifth year, the Secretary 

6 shall not require the institution to make a cash 

7 contribution from non-Federal sources in an 

8 amount that is greater than the amount equal 

9 to 5 percent of the cost of carrying out the 

10 community college student success program at 

11 the institution for such year. 

12 ‘‘(B) DEFINITIONS.—For purposes of this 

13 paragraph: 

14 ‘‘(i) EXEMPT INSTITUTION.—The 

15 term ‘exempt institution’ means an eligible 

16 institution that is a— 

17 ‘‘(I) Tribal college or university; 

18 or 

19 ‘‘(II) an institution located in the 

20 Commonwealth of Puerto Rico, Guam, 

21 American Samoa, the United States 

22 Virgin Islands, the Commonwealth of 

23 the Northern Mariana Islands, the 

24 Republic of the Marshall Islands, the 

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1 Federated States of Micronesia, or the 

2 Republic of Palau. 

3 ‘‘(ii) TRIBAL COLLEGE OR UNIVER4 SITY.—The term ‘Tribal college or univer5 sity’ has the meaning given the term in 

6 section 316 of the Higher Education Act 

7 of 1965 (20 U.S.C. 1059c). 

8 ‘‘(e) APPLICATION.—An eligible institution desiring a 

9 grant under this section shall submit an application to the 

10 Secretary at such time, in such manner, and containing 

11 such information as the Secretary may require, which shall 

12 include a copy of the report described in 420U(e). 

13 ‘‘(f) REQUIRED USE OF FUNDS.—An eligible institu14 tion that receives a grant under this section shall use the 

15 grant funds to— 

16 ‘‘(1) implement a community college student 

17 success program; and 

18 ‘‘(2) regularly review— 

19 ‘‘(A) data to monitor the academic 

20 progress of eligible students participating in 

21 such program; and 

22 ‘‘(B) the meeting and program participa23 tion requirements described in section 

24 420AA(1). 

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1 ‘‘(g) PERMISSIBLE USE OF FUNDS.—An eligible in2 stitution that receives a grant under this section may use 

3 the grant to— 

4 ‘‘(1) establish or expand a data tracking system 

5 that includes early alerts to complete the regular re6 views required under subsection (f)(2); 

7 ‘‘(2) provide eligible students participating in 

8 the community college student success program for 

9 which the grant is awarded with financial assistance 

10 to cover the costs described in paragraph (2), (3), or 

11 (8) of section 472; 

12 ‘‘(3) establish or expand career development 

13 services for such students, such as career workshops 

14 or career counseling; 

15 ‘‘(4) establish or expand tutoring services for 

16 such students; 

17 ‘‘(5) cover the employment of administrators 

18 for the program whose sole job shall be to admin19 ister the program, without regard to whether the 

20 employment is full-time or less than full-time; and 

21 ‘‘(6) provide financial support for eligible stu22 dents participating in such program to enroll in 

23 courses offered during enrollment periods that are 

24 outside the fall and spring semesters (or equivalent 

25 terms). 

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1 ‘‘(h) REPORTS.—Using the postsecondary student 

2 data system established under section 132(l) or a suc3 cessor system (whichever includes the most recent data) 

4 to streamline reporting requirements and minimize report5 ing burdens, and in coordination with the National Center 

6 for Education Statistics, the Secretary shall, on at least 

7 an annual basis, collect data with respect to each commu8 nity college student success program, including the fol9 lowing: 

10 ‘‘(1) Each eligible institution that receives a 

11 grant under this subpart shall, on an annual basis, 

12 provide to the Secretary such information as may be 

13 necessary for the Secretary to collect such data, in14 cluding— 

15 ‘‘(A) the demographic characteristics of 

16 the students participating in the community 

17 college student success program; 

18 ‘‘(B) the average number of credits at19 tempted and average number of credits earned, 

20 rate of retention, rate of degree completion, and 

21 rates of transfer of such eligible students; and 

22 ‘‘(C) the graduation rate of such eligible 

23 students. 

24 ‘‘(2) Each such eligible institution shall, not 

25 less than once for each year of the grant period, 

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1 submit to the Secretary an annual performance re2 port for such year of the grant period that in3 cludes— 

4 ‘‘(A) an analysis of the implementation 

5 and progress of such program based on the suf6 ficiently ambitious outcome goals described in 

7 the report submitted by the institution under 

8 section 420U(e)(1)(A), including challenges to 

9 and changes made to such program; 

10 ‘‘(B) if according to the analysis under 

11 subparagraph (A), the program is not on track 

12 to meet such sufficiently ambitious outcome 

13 goals, a description of the plans to adjust the 

14 program to improve the performance of the pro15 gram; 

16 ‘‘(C) the participation of such eligible stu17 dents in tutoring, career services (which can in18 clude benefit counseling), and meetings with 

19 program advisors; and 

20 ‘‘(D) when data is available, which shall 

21 compare the data collected for such year under 

22 this paragraph with such data collected for each 

23 of the 2 years preceding the date on which the 

24 grant was awarded. 

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1 ‘‘(3) Not later than 6 years after the date on 

2 which the eligible institution received such grant, 

3 submit a final report to the Secretary that includes 

4 an analysis of— 

5 ‘‘(A) the factors that contributed to the 

6 success or failure of the community college stu7 dent success program in meeting the ambitious 

8 outcome goals described in the report submitted 

9 by the institution under section 3(e)(1)(A); 

10 ‘‘(B) the challenges faced in attempting to 

11 implement such program; 

12 ‘‘(C) information on how to improve such 

13 program; 

14 ‘‘(D) whether the program has created an 

15 institution-wide reform with respect to gradua16 tion rates and transfer rates for all students, 

17 and if so, how such reform was created; and 

18 ‘‘(E) how the eligible institution will con19 tinue to fund such program after the end of the 

20 grant period. 

21 ‘‘SEC. 420W. EVALUATIONS. 

22 ‘‘(a) INDEPENDENT EVALUATIONS.—Before final23 izing which eligible institutions will receive grants under 

24 section 420V for a fiscal year, the Secretary, acting 

25 through the Director of the Institute of Education 

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1 Sciences, shall enter into a contract with an independent 

2 evaluator— 

3 ‘‘(1) to consult with the Secretary on which eli4 gible institutions should receive the grants; and 

5 ‘‘(2) to use the What Works Clearinghouse 

6 Standards (without reservations) to evaluate, 

7 throughout the duration of the grant period of such 

8 grants— 

9 ‘‘(A) each community college student suc10 cess program for which such grant is awarded, 

11 including whether the program met its ambi12 tious outcome goals described in the report sub13 mitted by the institution under section 

14 420U(e)(1)(A); 

15 ‘‘(B) the average impact of community col16 lege student success programs on graduation 

17 rates and transfer rates for eligible students; 

18 ‘‘(C) the variation in program impact 

19 across eligible institutions with respect to such 

20 rates; and 

21 ‘‘(D) whether such programs lead to higher 

22 graduation rates and transfer rates of eligible 

23 students per dollar spent for such students by 

24 such institutions compared with such rates at 

25 eligible institutions without such programs. 

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1 ‘‘(b) RESULTS OF EVALUATIONS.—The results of the 

2 evaluations under subsection (a) shall be made publicly 

3 available on the website of the Department of Education. 

4 ‘‘(c) FUNDING FOR EVALUATIONS.—The Secretary 

5 may reserve not more than 15 percent of the funds appro6 priated under section 420BB for a fiscal year to carry out 

7 this section for such fiscal year. 

8 ‘‘SEC. 420X. OUTREACH AND TECHNICAL ASSISTANCE. 

9 ‘‘(a) OUTREACH.—The Secretary shall conduct out10 reach activities to notify eligible institutions of the avail11 ability of grants under this subpart. 

12 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

13 provide technical assistance— 

14 ‘‘(1) to eligible institutions that may be inter15 ested in applying for grants under this subpart, in16 cluding assistance with applications for such grants; 

17 and 

18 ‘‘(2) to eligible institutions awarded grants 

19 under this subpart, including assistance with— 

20 ‘‘(A) establishing ambitious outcome goals 

21 described in section 420U(e)(1)(A); and 

22 ‘‘(B) the implementation of a community 

23 college student success program. 

24 ‘‘(c) FUNDING FOR TECHNICAL ASSISTANCE FOR

25 EVALUATIONS.—The Secretary may reserve not more 

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1 than 7 percent of the funds appropriated under section 

2 420BB for a fiscal year for technical assistance under this 

3 section for such fiscal year. 

4 ‘‘SEC. 420Y. REPORT TO CONGRESS. 

5 ‘‘Not later than 1 year after the date on which the 

6 Secretary receives the final evaluation results under sec7 tion 420W for eligible institutions that were awarded 

8 grants under section 420V for the same fiscal year, the 

9 Secretary shall submit to Congress a report that in10 cludes— 

11 ‘‘(1) the number of grants awarded under sec12 tion 420V for such fiscal year, and the amount of 

13 such grants; 

14 ‘‘(2) the number of grants awarded under sec15 tion 420U to eligible institutions that received the 

16 grants described in paragraph (1), and the amount 

17 of such grants; 

18 ‘‘(3) the number of grants awarded under sec19 tion 420U to eligible institutions that would have 

20 been eligible but did not receive the grants in para21 graph (1); 

22 ‘‘(4) such final evaluation results; and 

23 ‘‘(5) any other information the Secretary may 

24 deem relevant. 

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1 ‘‘SEC. 420Z. SUPPLEMENT, NOT SUPPLANT. 

2 ‘‘Funds awarded to an eligible institution under this 

3 subpart shall be used only to supplement the amount of 

4 funds that would, in the absence of the Federal funds pro5 vided under this subpart, be made available from non-Fed6 eral sources or other Federal sources to carry out the ac7 tivities under this subpart, and not to supplant such 

8 funds. 

9 ‘‘SEC. 420AA. DEFINITIONS. 

10 ‘‘In this subpart: 

11 ‘‘(1) COMMUNITY COLLEGE STUDENT SUCCESS

12 PROGRAM.—The term ‘community college student 

13 success program’ means a program carried out by 

14 an eligible institution under which the institution 

15 carries out the following: 

16 ‘‘(A) Provides eligible students partici17 pating in such program with an amount that 

18 covers the cost of tuition and fees that are not 

19 covered by any Federal, State, or institutional 

20 financial assistance received by the student. 

21 ‘‘(B) Requires eligible students partici22 pating in such program to— 

23 ‘‘(i) be enrolled in the eligible institu24 tion and carry a full-time academic work25 load during each fall and spring semester 

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1 (or equivalent terms) during which the stu2 dent participates in such program; 

3 ‘‘(ii) if the eligible student is referred 

4 to remedial courses or is on academic pro5 bation, meet, on at least a weekly basis or 

6 under an alternate schedule, as determined 

7 by the institution, with a tutor, except that 

8 in the case of an eligible student who is 

9 academically struggling, but who is not re10 ferred to remedial courses or on academic 

11 probation, the student may meet with a 

12 tutor as often as the program advisor for 

13 such student requires or under an alter14 nate schedule, as determined by the insti15 tution; 

16 ‘‘(iii) meet with a program advisor— 

17 ‘‘(I) twice each month during the 

18 first semester (or equivalent term) of 

19 participation in such program; and 

20 ‘‘(II) as directed by the program 

21 advisor in subsequent semesters (or 

22 equivalent terms) under subparagraph 

23 (C)(ii); and 

24 ‘‘(iv) meet with an on-campus career 

25 advisor or participate in a career services 

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1 event once each semester (or equivalent 

2 term) or under an alternate schedule, as 

3 determined by the institution. 

4 ‘‘(C) Provides a program advisor to each 

5 eligible student participating in such program 

6 who— 

7 ‘‘(i) provides comprehensive academic 

8 and personal advising to the eligible stu9 dent, including— 

10 ‘‘(I) the creation and implemen11 tation of an academic plan for the 

12 student to graduate from a program 

13 of study at the eligible institution 

14 within 150 percent of the normal time 

15 for graduation from such program; 

16 ‘‘(II) if an eligible student is re17 ferred to remedial courses, encour18 aging such student to complete such 

19 courses as quickly as possible; and 

20 ‘‘(III) assisting the eligible stu21 dent with developing and achieving 

22 academic goals, including creating 

23 strong transfer pathways that dem24 onstrate programmatic transfer for 

25 students interested in transferring to 

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1 a 4-year institution of higher edu2 cation; 

3 ‘‘(ii) after the eligible student partici4 pating in such program completes a semes5 ter (or equivalent term), creates for the eli6 gible student a needs-based advising sched7 ule that indicates, based on the eligible 

8 student’s academic performance, the fre9 quency with which such eligible student 

10 shall be required to meet with a program 

11 advisor for each subsequent semester (or 

12 equivalent term) of program participation; 

13 ‘‘(iii) has a caseload of not more than 

14 150 eligible students; 

15 ‘‘(iv) tracks the attendance of the eli16 gible student at the meetings described in 

17 clauses (ii), (iii), and (iv) of subparagraph 

18 (B); 

19 ‘‘(v) monitors the academic progress 

20 of the eligible student; and 

21 ‘‘(vi) provides each eligible student 

22 who meets the requirements of subpara23 graph (B), on at least a monthly basis, 

24 with financial incentives, such as a trans25 portation pass or a gas card. 

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1 ‘‘(D) Provides free tutoring and career 

2 services (which can include benefit counseling) 

3 to eligible students participating in such pro4 gram, and may reserve places in select courses 

5 for such eligible students in order to create a 

6 community within cohorts of eligible students. 

7 ‘‘(E) Provides information to eligible stu8 dents participating in such program about the 

9 eligibility of such students for assistance under 

10 the supplemental nutrition assistance program 

11 under the Food and Nutrition Act of 2008 (7 

12 U.S.C. 2011 et seq.) and the program of block 

13 grants for States for temporary assistance for 

14 needy families established under part A of title 

15 IV of the Social Security Act (42 U.S.C. 601 et 

16 seq.). 

17 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligi18 ble institution’ means a public 2-year institution of 

19 higher education. 

20 ‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 

21 student’ means a student enrolled at an eligible in22 stitution who— 

23 ‘‘(A) on the date such eligible student 

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1 lege student success program at such eligible 

2 institution— 

3 ‘‘(i) is enrolled in a program of study 

4 leading to an associate degree; 

5 ‘‘(ii) is enrolled at such institution 

6 and carrying a full-time academic workload 

7 during each fall and spring semester (or 

8 equivalent terms) during which the student 

9 participates in such program; 

10 ‘‘(iii) is— 

11 ‘‘(I) a first-time undergraduate 

12 student; or 

13 ‘‘(II) a continuing or transfer 

14 student with not more than 15 credits 

15 and a minimum grade point average 

16 of 2.0 (or its equivalent); and 

17 ‘‘(iv) is considered by the eligible in18 stitution to need no more than two reme19 dial courses; and 

20 ‘‘(B) if the student is eligible for financial 

21 aid under title IV, has completed the Free Ap22 plication for Federal Student Aid or other com23 mon financial reporting form under section 

24 483(a); and 

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1 ‘‘(C) meets any other requirements estab2 lished by the institution. 

3 ‘‘(4) FULL-TIME ACADEMIC WORKLOAD.—The 

4 term ‘full-time academic workload’, when used with 

5 respect to a semester or equivalent term, means at 

6 least 12 credits (or the equivalent). 

7 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 

8 The term ‘institution of higher education’ has the 

9 meaning given the term under section 101. 

10 ‘‘(6) TRANSFER RATE.—The term ‘transfer 

11 rate’, when used with respect to students enrolled in 

12 a program of study at an eligible institution, means 

13 the rate at which such students transfer to a 4-year 

14 institution of higher education. 

15 ‘‘SEC. 420BB. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There are authorized to be appropriated to carry out 

17 this subpart $1,000,000,000, to be available until ex18 pended for fiscal year 2021 and each of the 5 succeeding 

19 fiscal years.’’. 

20 SEC. 4093. FEDERAL PELL BONUS PROGRAM. 

21 Part A of title IV of the Higher Education Act of 

22 1965 (20 U.S.C. 1070 et seq.) is amended by adding at 

23 the end the following: 

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1 ‘‘Subpart 12—Federal Pell Grant Bonus Program 

2 ‘‘SEC. 420CC. FEDERAL PELL GRANT BONUS PROGRAM. 

3 ‘‘(a) IN GENERAL.—The Secretary shall allot funds 

4 in an amount determined under subsection (b) to each eli5 gible institution to support the attainment of bachelor’s 

6 degrees among low-income students, which may include 

7 providing financial aid and student support services to 

8 such students. 

9 ‘‘(b) ALLOTMENT FORMULA.—For each fiscal year, 

10 each eligible institution shall be allotted an amount under 

11 subsection (a) that bears the same proportion to the 

12 amount appropriated under subsection (c) for such fiscal 

13 year as the number of bachelor’s degrees awarded by the 

14 institution for the award year ending prior to the begin15 ning of the preceding fiscal year to students who, during 

16 such award year, received a Federal Pell Grant and grad17 uated from the program in which such students were en18 rolled in the normal time for completion of such program 

19 (within the meaning of section 132(i)(1)(J)(i)) bears to 

20 the total number of bachelor’s degrees awarded to such 

21 students by all eligible institutions for such award year. 

22 ‘‘(c) DATA.—In determining the allotments under 

23 subsection (b), the Secretary may request from eligible in24 stitutions any data that may be necessary. 

25 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

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1 priated, to carry out this section $500,000,000 for fiscal 

2 year 2021 and each succeeding fiscal year. Any amounts 

3 appropriated under this subsection shall be available until 

4 expended. 

5 ‘‘(e) DEFINITIONS.—In this section: 

6 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligi7 ble institution’ means an institution of higher edu8 cation (as defined in section 101)— 

9 ‘‘(A) in which, for the 3 most recent award 

10 years, the average percentage of undergraduate 

11 students enrolled at the institution who received 

12 Federal Pell Grants is not less than 25 percent 

13 of the total number of undergraduate students 

14 enrolled at such institution; and 

15 ‘‘(B) that has not opted out of receiving an 

16 allotment under this section. 

17 ‘‘(2) LOW-INCOME STUDENT.—The term ‘low18 income student’ has the meaning given such term in 

19 section 499R(3).’’. 

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1 PART B—FEDERAL FAMILY EDUCATION LOAN 

2 PROGRAM 

3 SEC. 4101. TERMINATION OF CERTAIN REPAYMENT PLAN 

4 OPTIONS AND OPPORTUNITY TO CHANGE RE5 PAYMENT PLANS. 

6 (a) SELECTION OF REPAYMENT PLANS.—Section 

7 428(b) of the Higher Education Act of 1965 (20 U.S.C. 

8 1078(b)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (D)— 

11 (i) in clause (ii), by striking ‘‘may an12 nually change the selection of a repayment 

13 plan under this part,’’ and inserting ‘‘may 

14 at any time after July 1, 2021, change the 

15 selection of a repayment plan under this 

16 part to one of the 2 repayment plans de17 scribed in paragraph (9)(C),’’; and 

18 (ii) in clause (iii), by striking ‘‘be sub19 ject to income contingent repayment in ac20 cordance with subsection (m);’’ and insert21 ing ‘‘be subject to income-based repayment 

22 in accordance with section 493C(f);’’; and 

23 (B) in subparagraph (E)(i), by striking 

24 ‘‘the option of repaying the loan in accordance 

25 with a standard, graduated, income-sensitive, or 

26 extended repayment schedule (as described in 

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1 paragraph (9)) established by the lender in ac2 cordance with regulations of the Secretary; 

3 and’’ and inserting ‘‘the option of repaying the 

4 loan in accordance with a repayment plan de5 scribed in paragraph (9)(C) established by the 

6 lender in accordance with regulations of the 

7 Secretary; and’’; and 

8 (2) in paragraph (9), by adding at the end the 

9 following: 

10 ‘‘(C) SELECTION OF REPAYMENT PLANS

11 ON AND AFTER JULY 1, 2021.— 

12 ‘‘(i) OPPORTUNITY TO CHANGE RE13 PAYMENT PLANS.—Notwithstanding any 

14 other provision of this paragraph, or any 

15 other provision of law, and in accordance 

16 with regulations, beginning on July 1, 

17 2021, the lender shall offer a borrower of 

18 a loan made, insured, or guaranteed under 

19 this part the opportunity to change repay20 ment plans, and to enroll in one of the fol21 lowing repayment plans: 

22 ‘‘(I) A fixed repayment plan de23 scribed in section 493E. 

24 ‘‘(II) The income-based repay25 ment plan under section 493C(f).’’. 

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1 (b) ASSIGNMENT BY THE SECRETARY.—Section 

2 428(m) of the Higher Education Act of 1965 (20 U.S.C. 

3 1078(m)) is amended— 

4 (1) in the subsection heading, by striking ‘‘In5 come-contingent and’’; 

6 (2) by amending paragraph (1) to read as fol7 lows: 

8 ‘‘(1) AUTHORITY OF SECRETARY TO RE9 QUIRE.—The Secretary may require borrowers who 

10 have defaulted on loans made under this part that 

11 are assigned to the Secretary under subsection 

12 (c)(8) to repay those loans under the income-based 

13 repayment plan under section 493C(f).’’; and 

14 (3) in the heading for paragraph (2), by strik15 ing ‘‘income contingent or’’. 

16 SEC. 4102. TERMINATION OF INTEREST CAPITALIZATION 

17 FOR SUBSIDIZED LOANS AFTER CERTAIN PE18 RIODS. 

19 Section 428(c)(3)(C) of the Higher Education Act of 

20 1965 (20 U.S.C. 1078(c)(3)(C)) is amended— 

21 (1) in clause (iii), by inserting before the semi22 colon the following: ‘‘, and with respect to a forbear23 ance granted to a borrower on or after the date of 

24 enactment of the College Affordability Act on a loan 

25 made, insured or guaranteed under this section or 

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1 on a Federal Direct Stafford Loan, provide informa2 tion to the borrower to assist the borrower in under3 standing that interest shall accrue on the loan but 

4 not be capitalized at the expiration of such period of 

5 forbearance’’; and 

6 (2) in clause (iv)— 

7 (A) in subclause (III), by inserting before 

8 the semicolon at the end the following: ‘‘, except 

9 that this subclause shall not apply with respect 

10 to any period of forbearance beginning on or 

11 after the date of enactment of the College Af12 fordability Act’’; and 

13 (B) in subclause (IV), by inserting before 

14 the semicolon at the end the following: ‘‘except 

15 that this subclause shall not apply with respect 

16 to any period of forbearance beginning on or 

17 after the date of enactment of the College Af18 fordability Act’’. 

19 SEC. 4103. TERMINATION OF INTEREST CAPITALIZATION 

20 FOR PLUS LOANS AFTER CERTAIN PERIODS. 

21 Section 428B(d)(2) of the Higher Education Act of 

22 1965 (20 U.S.C. 1078–2(d)(2)) is amended— 

23 (1) in subparagraph (A), by striking ‘‘Interest 

24 on’’ and inserting ‘‘Subject to subparagraph (C), in25 terest on’’; and 

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1 (2) by adding at the end the following: 

2 ‘‘(C) INTEREST CAPITALIZATION.—With 

3 respect to a deferment during any period de4 scribed in clause (i)(II), (ii), (ii), or (iv) of sec5 tion 427(a)(2)(C) or clause (i)(II), (ii), (iii), 

6 (iv), or (v) of section 428(b)(1)(M), or any pe7 riod of forbearance, beginning on or after the 

8 date of enactment of the College Affordability 

9 Act on a loan made under this section, interest 

10 shall not be added to the principal amount of 

11 the loan at the expiration of such deferment or 

12 forbearance period.’’. 

13 SEC. 4104. SUBSEQUENT CONSOLIDATION LOANS. 

14 Section 428C(a)(3)(B)(i)(V) of the Higher Education 

15 Act of 1965 (20 U.S.C. 1078–3(a)(3)(B)(i)(V)) is amend16 ed— 

17 (1) by striking ‘‘or’’ at the end of item (bb); 

18 (2) by striking the period at the end of item 

19 (cc); and 

20 (3) by adding at the end the following: 

21 ‘‘(dd) for the purpose of sep22 arating a joint consolidation loan 

23 into 2 separate Federal Direct 

24 Consolidation Loans under sec25 tion 455(g)(2); or 

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1 ‘‘(ee) for the purpose of sec2 tion 455(m)(9)(A)(ii), 

3 493C(f)(2)(G), or 493E(c).’’. 

4 SEC. 4105. DEFAULT REDUCTION PROGRAM. 

5 Section 428F(a)(1)(C) of the Higher Education Act 

6 of 1965 (20 U.S.C. 1078–6(a)(1)(C)) is amended by strik7 ing ‘‘to remove the record of the default from the bor8 rower’s credit history’’ and inserting ‘‘to remove any ad9 verse item of information relating to such loan from the 

10 borrower’s credit history’’. 

11 SEC. 4106. TERMINATION OF INTEREST CAPITALIZATION 

12 FOR UNSUBSIDIZED LOANS AFTER CERTAIN 

13 PERIODS. 

14 Section 428H(e)(2)(A)(ii)(III) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1078–8(e)(2)(A)(ii)(III)) 

16 is amended by inserting before the semicolon the following: 

17 ‘‘, except that with respect to a deferment during any pe18 riod described in clause (i)(II), (ii), (iii), or (iv) of section 

19 427(a)(2)(C) or clause (i)(II), (ii), (iii), (iv), or (v) of sec20 tion 428(b)(1)(M), or any period of forbearance, beginning 

21 on or after the date of enactment of the College Afford22 ability Act on a loan made, insured, or guaranteed under 

23 this section or on a Federal Direct Unsubsidized Stafford 

24 Loan, interest shall not be added to the principal amount 

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1 of the loan at the expiration of such deferment or forbear2 ance period’’. 

3 SEC. 4107. DISBURSEMENT OF STUDENT LOANS. 

4 Section 428G of the Higher Education Act of 1965 

5 (20 U.S.C. 1078–7(a)) is amended— 

6 (1) in subsection (a) by adding at the end the 

7 following: 

8 ‘‘(5) ADJUSTED COHORT DEFAULT RATE.—Be9 ginning on the date on which the final adjusted co10 hort default rates are published by the Secretary for 

11 not less than 3 fiscal years under section 435(m), an 

12 institution whose adjusted cohort default rate (as de13 termined under section 435(m)) for each of the 3 

14 most recent fiscal years for which data are available 

15 is less than 5 percent may disburse any loan made, 

16 insured, or guaranteed under this part in a single in17 stallment for any period of enrollment that is not 

18 more than 1 semester, 1 trimester, 1 quarter, or 4 

19 months.’’; and 

20 (2) in subsection (e), by inserting before the pe21 riod the following: ‘‘, or beginning on the date on 

22 which the final adjusted cohort default rates are 

23 published by the Secretary for fiscal year 2018 

24 under section 435(m), an adjusted cohort default 

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1 rate (as determined under section 435(m)) of less 

2 than 2 percent’’. 

3 SEC. 4108. STUDENT LOAN CONTRACT AND LOAN DISCLO4 SURES. 

5 (a) STUDENT LOAN CONTRACT.—Section 

6 432(m)(1)(D) of the Higher Education Act of 1965 (20 

7 U.S.C. 1082(m)(1)(D)) is amended by adding at the end 

8 the following: 

9 ‘‘(iv) STUDENT LOAN CONTRACT.— 

10 ‘‘(I) IN GENERAL.—Any master 

11 promissory note form described in this 

12 subparagraph that is developed or 

13 used for loans made under part D for 

14 periods of enrollment beginning on or 

15 after the date of enactment of the 

16 College Affordability Act shall be re17 ferred to as a ‘student loan contract’. 

18 ‘‘(II) CLARIFICATION ON USE.— 

19 Notwithstanding clause (i), each stu20 dent loan contract for a part D loan 

21 made for periods of enrollment begin22 ning on or after the date of enactment 

23 of the College Affordability Act 

24 shall— 

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1 ‘‘(aa) not be entered into by 

2 a student unless the student has 

3 completed all required counseling 

4 related to such loan, including 

5 counseling required under section 

6 485(l); 

7 ‘‘(bb) be signed by the stu8 dent entering such student loan 

9 contract after completion of such 

10 counseling; and 

11 ‘‘(cc) be used only for the 

12 academic year for which the ini13 tial loans are made under the 

14 contract, and shall not be valid 

15 for additional loans for the same 

16 or subsequent periods of enroll17 ment.’’. 

18 (b) LOAN DISCLOSURES.—Section 432(m)(1)(D) of 

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

20 1082(m)(1)(D)) is further amended by adding after clause 

21 (iv) (as amended) the following: 

22 ‘‘(v) LOAN DISCLOSURES.—For loans 

23 made for periods of enrollment beginning 

24 on or after the date of enactment of the 

25 College Affordability Act, the Secretary 

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1 shall take such steps as are necessary to 

2 streamline the student loan disclosure re3 quirements under this Act. The Secretary 

4 shall ensure that information required to 

5 be disclosed to a student who is applying 

6 for, receiving, or preparing to repay a loan 

7 under part D of this Act shall be stream8 lined in a manner that— 

9 ‘‘(I) based upon consumer test10 ing, reduces and simplifies the paper11 work students are required to com12 plete; and 

13 ‘‘(II) limits the number of times 

14 students are presented with disclo15 sures by incorporating the streamlined 

16 disclosures into required student loan 

17 counseling under section 485(l), the 

18 student loan contract under this sub19 paragraph, or both.’’. 

20 SEC. 4109. BORROWER ADVOCATE CONFORMING AMEND21 MENTS. 

22 Section 433 of the Higher Education Act of 1965 (20 

23 U.S.C. 1083) is amended— 

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1 (1) in subsection (b)(13), by striking ‘‘Student 

2 Loan Ombudsman’’ and inserting ‘‘Borrower Advo3 cate’’; and 

4 (2) in subsection (e)(3)(E), by striking ‘‘Stu5 dent Loan Ombudsman’’ and inserting ‘‘Borrower 

6 Advocate’’. 

7 SEC. 4110. COHORT DEFAULT RATES. 

8 (a) INELIGIBILITY BASED ON HIGH DEFAULT

9 RATES.— 

10 (1) IN GENERAL.—Section 435(a) of the High11 er Education Act of 1965 (20 U.S.C. 1085(a)) is 

12 amended— 

13 (A) in paragraph (7)(A), by adding at the 

14 end the following: 

15 ‘‘(iii) DEFAULT MANAGEMENT

16 PLAN.—The default management plan re17 quired under clause (i) may not include 

18 placing students in forbearance as a means 

19 of reducing the cohort default rate or the 

20 adjusted cohort default rate of the institu21 tion.’’; and 

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

23 ‘‘(9) INELIGIBILITY BASED ON HIGH ADJUSTED

24 COHORT DEFAULT RATES.— 

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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraphs (B) and (D), beginning on the 

3 date that is one year after the date on which 

4 the final adjusted cohort default rates are pub5 lished by the Secretary for not less than 3 fiscal 

6 years, in a case in which one of the following 

7 determinations is made with respect to an insti8 tution, such institution shall be ineligible to 

9 participate in a program under this title for the 

10 fiscal year for which the determination is made 

11 and for the two succeeding fiscal years: 

12 ‘‘(i) The institution’s adjusted cohort 

13 default rate is greater than 20 percent for 

14 each of the 3 most recent fiscal years for 

15 which the final adjusted cohort default 

16 rates are published. 

17 ‘‘(ii) With respect to the 6 most re18 cent fiscal years for which the final ad19 justed cohort default rates are published— 

20 ‘‘(I) the institution’s adjusted co21 hort default rate is greater than 15 

22 percent for each such fiscal year; and 

23 ‘‘(II) the Secretary determines 

24 that, during such 6-year period, the 

25 institution has not made adequate 

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1 progress in meeting standards for stu2 dent achievement established by the 

3 relevant accrediting agency or associa4 tion pursuant to section 496(a)(5)(A). 

5 ‘‘(iii) With respect to the 8 most re6 cent fiscal years for which the final ad7 justed cohort default rates are published— 

8 ‘‘(I) the institution’s adjusted co9 hort default rate is greater than 10 

10 percent for each such fiscal year; and 

11 ‘‘(II) the Secretary determines 

12 that, during such 8-year period, the 

13 institution has not made adequate 

14 progress in meeting standards for stu15 dent achievement established by the 

16 relevant accrediting agency or associa17 tion pursuant to section 496(a)(5)(A). 

18 ‘‘(B) EXCEPTIONS FOR CERTAIN CAT19 EGORIES OF EDUCATIONAL PROGRAMS.—With 

20 respect to an institution that loses eligibility to 

21 participate in a program under this title in ac22 cordance with subparagraph (A)(ii), such insti23 tution may request and be granted an exception 

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1 onstrating to the Secretary that the adjusted 

2 cohort default rate for the category of edu3 cational programs is 15 percent or less for each 

4 fiscal year of the 6-year period on which such 

5 loss of eligibility for the institution is based. 

6 ‘‘(C) DETERMINATION OF THE ADJUSTED

7 COHORT RATE FOR A CATEGORY OF EDU8 CATIONAL PROGRAMS.—In determining the ad9 justed cohort default rate for a category of edu10 cational programs for purposes of this para11 graph— 

12 ‘‘(i) subsection (m) shall be applied— 

13 ‘‘(I) in paragraph (1)— 

14 ‘‘(aa) in subparagraph (A), 

15 by substituting ‘received for en16 rollment in the category of edu17 cational programs for which such 

18 rate is being determined’ for ‘re19 ceived for attendance at the insti20 tution’; and 

21 ‘‘(bb) in subparagraph 

22 (E)(i)(II), by substituting, ‘per23 centage of students enrolled in 

24 the category of educational pro25 grams for which such rate is 

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1 being determined’ for ‘percentage 

2 of students enrolled at the insti3 tution’; and 

4 ‘‘(II) as if the following were 

5 added at the end of paragraph (2): 

6 ‘‘ ‘(E) In the case of a student who has re7 ceived a loan for enrollment in more than one 

8 category of educational programs, the student 

9 (and such student’s subsequent repayment or 

10 default) is attributed to the last category of 

11 educational programs in which such student 

12 was enrolled.’. 

13 ‘‘(D) TRANSITION EXCEPTION.— 

14 ‘‘(i) IN GENERAL.—A covered institu15 tion with an adjusted cohort default rate 

16 that is greater than 20 percent for the 

17 first fiscal year for which such rates are 

18 published by the Secretary may request 

19 that any determination of such institu20 tion’s ineligibility under paragraph (9)(A) 

21 not be based on the adjusted cohort default 

22 rate of such institution for any or all of 

23 the first 3 fiscal years for which such rates 

24 are published by the Secretary. 

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1 ‘‘(ii) REQUIREMENT.—To be granted 

2 a request under clause (i), an institution 

3 shall submit to the Secretary a default 

4 management plan as specified in para5 graph (7). 

6 ‘‘(iii) DEFINITION OF COVERED INSTI7 TUTION.—In this subparagraph, the term 

8 ‘covered institution’ means— 

9 ‘‘(I) a public institution of higher 

10 education; 

11 ‘‘(II) a part B institution (as de12 fined in section 322); or 

13 ‘‘(III) a private, nonprofit insti14 tution of higher education at which 

15 not less than 45 percent of the total 

16 student enrollment consists of low-in17 come students (as such term is de18 fined in section 419N(b)(7)). 

19 ‘‘(E) CATEGORY OF EDUCATIONAL PRO20 GRAMS DEFINED.—The term ‘category of edu21 cational programs’, when used with respect to 

22 an institution, means one of the following: 

23 ‘‘(i) The educational programs at the 

24 institution leading to an undergraduate, 

25 non-degree credential. 

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1 ‘‘(ii) The educational programs at the 

2 institution leading to an associate’s degree. 

3 ‘‘(iii) The educational programs at the 

4 institution leading to a bachelor’s degree. 

5 ‘‘(iv) The educational programs at the 

6 institution leading to a graduate, non-de7 gree credential. 

8 ‘‘(v) The educational program at the 

9 institution leading to a graduate degree. 

10 ‘‘(10) APPLICATION OF ADJUSTED COHORT DE11 FAULT RATE.—Beginning on the date on which the 

12 final adjusted cohort default rates are published by 

13 the Secretary for not less than 3 fiscal years— 

14 ‘‘(A) paragraph (1) shall be applied by 

15 substituting ‘paragraph (9)’ for ‘paragraph (2)’; 

16 ‘‘(B) paragraph (3) shall be applied by 

17 substituting ‘adjusted cohort default rate, cal18 culated in accordance with subsection 

19 (m)(1)(D), is greater than 20 percent for any 

20 3 consecutive fiscal years’ for ‘cohort default 

21 rate, calculated in accordance with subsection 

22 (m), is equal to or greater than the threshold 

23 percentage specified in paragraph (2)(B)(iv) for 

24 any two consecutive fiscal years’; 

25 ‘‘(C) paragraph (4) shall be applied— 

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1 ‘‘(i) in subparagraph (C), by sub2 stituting ‘adjusted cohort default rate is 

3 greater than 15 percent’ for ‘cohort default 

4 rate equals or exceeds 20 percent’; and 

5 ‘‘(ii) in the matter following subpara6 graph (C), by substituting ‘adjusted cohort 

7 default rate to reflect the percentage of de8 faulted loans in the representative sample 

9 that are required to be excluded pursuant 

10 to subsection (m)(1)(B)’ for ‘cohort default 

11 rate to reflect the percentage of defaulted 

12 loans in the representative sample that are 

13 required to be excluded pursuant to sub14 section (m)(1)(B)’; 

15 ‘‘(D) paragraph (5)(A) shall be applied by 

16 substituting ‘paragraph (9)’ for ‘paragraph (2)’; 

17 and 

18 ‘‘(E) paragraph (7) shall be applied— 

19 ‘‘(i) in subparagraph (A)(i)— 

20 ‘‘(I) in the matter preceding sub21 clause (I), by substituting ‘adjusted 

22 cohort default rate is greater than 20 

23 percent’ for ‘cohort default rate is 

24 equal to or greater than the threshold 

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1 percentage specified in paragraph 

2 (2)(B)(iv)’; and 

3 ‘‘(II) in subclauses (I) and (II), 

4 by substituting ‘adjusted cohort de5 fault rate’ for ‘cohort default rate’; 

6 and 

7 ‘‘(ii) in subparagraph (B)(i), by sub8 stituting ‘adjusted cohort default rate is 

9 greater than 20 percent’ for ‘cohort default 

10 rate is equal to or greater than the thresh11 old percentage specified in paragraph 

12 (2)(B)(iv)’.’’. 

13 (2) CONFORMING AMENDMENTS.—Section 

14 435(a)(2) of the Higher Education Act of 1965 (20 

15 U.S.C. 1085(a)) is amended— 

16 (A) in the paragraph heading, by adding at 

17 the end the following: ‘‘BEFORE FISCAL YEAR

18 2018’’; and 

19 (B) in subparagraph (B)(iv), by striking 

20 ‘‘and any succeeding fiscal year’’ and inserting 

21 ‘‘through fiscal year 2017’’. 

22 (b) ADJUSTED COHORT DEFAULT RATE DEFINED.— 

23 Section 435(m)(1) of the Higher Education Act of 1965 

24 (20 U.S.C. 1085(m)(1)) is amended by adding at the end 

25 the following: 

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1 ‘‘(D)(i) With respect to a cohort default 

2 rate calculated for an institution under this 

3 paragraph for fiscal year 2018 and for each 

4 succeeding fiscal year, such cohort default rate 

5 shall be adjusted as follows: 

6 ‘‘(I) In determining the number of 

7 current and former students at an institu8 tion who enter repayment for such fiscal 

9 year— 

10 ‘‘(aa) any such student who is in 

11 nonmandatory forbearance for such 

12 fiscal year for a period of greater than 

13 18 months but less than 36 months 

14 shall not be counted as entering re15 payment for such fiscal year; 

16 ‘‘(bb) such a student shall be 

17 counted as entering repayment for the 

18 first fiscal year for which the student 

19 ceases to be in a period of forbearance 

20 and otherwise meets the requirements 

21 for being in repayment; and 

22 ‘‘(cc) any such student who is in 

23 a period of forbearance for 3 or more 

24 years shall be counted as in default 

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1 and included in the institution’s total 

2 number of students in default. 

3 ‘‘(II) Such rate shall be multiplied by 

4 the percentage of students enrolled at the 

5 institution for such fiscal year who are 

6 borrowing a loan under part D of this title. 

7 ‘‘(ii) The result obtained under this sub8 paragraph for an institution shall be referred to 

9 in this Act as the ‘adjusted cohort default 

10 rate’.’’. 

11 (c) PUBLICATION OF ADJUSTED COHORT DEFAULT

12 RATE.—Section 435(m) of the Higher Education Act of 

13 1965 (20 U.S.C. 1085(m)) is amended by adding at the 

14 end the following: 

15 ‘‘(5) Beginning on the date on which the final 

16 adjusted cohort default rates for fiscal year 2018 are 

17 made available for publication by the Secretary, 

18 paragraph (4) shall be applied by substituting ‘ad19 justed cohort default’ for ‘cohort default’ each place 

20 it appears.’’. 

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1 SEC. 4111. AUTOMATIC INCOME MONITORING PROCEDURES 

2 AFTER A TOTAL AND PERMANENT DIS3 ABILITY DISCHARGE. 

4 Section 437(a) of the Higher Education Act of 1965 

5 (20 U.S.C. 1087(a)) is amended by adding at the end the 

6 following: 

7 ‘‘(3) AUTOMATIC INCOME MONITORING.— 

8 ‘‘(A) IN GENERAL.—Not later than 2 years 

9 after the date of enactment of the College Af10 fordability Act, the Secretary shall establish 

11 and implement, with respect to any borrower 

12 described in subparagraph (B), procedures to— 

13 ‘‘(i) obtain (for each year of the in14 come-monitoring period described in sub15 paragraph (B) and without further action 

16 by the borrower) such information as is 

17 reasonably necessary regarding the income 

18 of such borrower for the purpose of deter19 mining the borrower’s continued eligibility 

20 for the loan discharge described in sub21 paragraph (B) for such year, and any 

22 other information necessary to determine 

23 such continued eligibility of the borrower 

24 for such year, except that in the case of a 

25 borrower whose returns and return infor26 mation indicate that the borrower has no 

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1 earned income for any year of such in2 come-monitoring period, such borrower 

3 shall be treated as not having earned in4 come in excess of the poverty line for such 

5 year subject to clause (ii); 

6 ‘‘(ii) allow the borrower, at any time, 

7 to opt out of clause (i) and prevent the 

8 Secretary from obtaining information 

9 under such clause without further action 

10 by the borrower; and 

11 ‘‘(iii) provide the borrower with an op12 portunity to update the information ob13 tained under clause (i) before the deter14 mination of the borrower’s continued eligi15 bility for such loan discharge for such 

16 year. 

17 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

18 shall apply— 

19 ‘‘(i) to each borrower of a covered 

20 loan (defined in section 455(d)(10)) that is 

21 discharged under this subsection or section 

22 464(c)(1)(F) due to the permanent and 

23 total disability of the borrower; and 

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1 ‘‘(ii) during the income-monitoring pe2 riod under this subsection, defined in this 

3 paragraph as the period— 

4 ‘‘(I) beginning on the date on 

5 which such loan is so discharged; and 

6 ‘‘(II) during which the Secretary 

7 determines whether a reinstatement of 

8 the obligation of, and resumption of 

9 collection on, such loan may be nec10 essary.’’. 

11 SEC. 4112. REPAYMENT OF PARENT LOANS DUE TO STU12 DENT DISABILITY. 

13 Section 437(d) of the Higher Education Act of 1965 

14 (20 U.S.C. 1087(d)) is amended— 

15 (1) by striking ‘‘If a student’’ and inserting the 

16 following: 

17 ‘‘(1) DEATH.—If a student’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(2) DISABILITY.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 discharge a parent’s liability on a loan de22 scribed in section 428B by repaying the amount 

23 owed on the loan if the student on whose behalf 

24 the parent has received the loan— 

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1 ‘‘(i) becomes permanently and totally 

2 disabled (as determined in accordance with 

3 regulations of the Secretary); or 

4 ‘‘(ii) is unable to engage in any sub5 stantial gainful activity by reason of any 

6 medically determinable physical or mental 

7 impairment that can be expected to result 

8 in death, has lasted for a continuous pe9 riod of not less than 60 months, or can be 

10 expected to last for a continuous period of 

11 not less than 60 months. 

12 ‘‘(B) DISABILITY DETERMINATIONS.—Sub13 section (a)(2) shall apply to a disability deter14 mination under this paragraph in the same 

15 manner as such subsection applies to a deter16 mination under subsection (a)(1). 

17 ‘‘(C) SAFEGUARDS.—The safeguards to 

18 prevent fraud and abuse developed under sub19 section (a)(1) shall apply under this paragraph. 

20 ‘‘(D) REINSTATEMENT OF LOANS.—The 

21 Secretary may promulgate regulations to rein22 state the obligation of, and resume collection 

23 on, loans discharged under this paragraph in 

24 cases in which the Secretary determines that 

25 the reinstatement and resumption is necessary 

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1 and appropriate based upon the regulations de2 veloped under subsection (a)(1).’’. 

3 PART C—FEDERAL WORK-STUDY PROGRAMS 

4 SEC. 4201. PURPOSE; AUTHORIZATION OF APPROPRIA5 TIONS. 

6 Section 441 of the Higher Education Act of 1965 (20 

7 U.S.C. 1087–51) is amended— 

8 (1) in subsection (b), by striking ‘‘part, such 

9 sums as may be necessary for fiscal year 2009 and 

10 each of the five succeeding fiscal years.’’ and insert11 ing ‘‘part— 

12 ‘‘(1) $1,500,000,000 for fiscal year 2021; 

13 ‘‘(2) $1,750,000,000 for fiscal year 2022; 

14 ‘‘(3) $2,000,000,000 for fiscal year 2023; 

15 ‘‘(4) $2,250,000,000 for fiscal year 2024; and 

16 ‘‘(5) $2,500,000,000 for fiscal year 2025 and 

17 each succeeding fiscal year.’’; 

18 (2) in subsection (c)— 

19 (A) in paragraph (1), by inserting ‘‘child 

20 development and early learning (including Head 

21 Start and Early Head Start programs carried 

22 out under the Head Start Act (42 U.S.C. 9831 

23 et seq.)),’’, before ‘‘literacy training,’’; 

24 (B) in paragraph (3), by striking ‘‘and’’; 

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1 (C) in paragraph (4)(C), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(5) work-based learning designed to give stu5 dents experience in any activity described in para6 graph (1), (2), (3), or (4), without regard to whether 

7 credit is awarded.’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(d) WORK-BASED LEARNING DEFINED.—For pur10 poses of this part, the term ‘work-based learning’ means 

11 sustained interactions with industry, community, or aca12 demic professionals in real workplace settings that shall— 

13 ‘‘(1) include on campus opportunities; 

14 ‘‘(2) foster in-depth, first-hand engagement 

15 with the tasks required of a given career field that 

16 are aligned to a student’s field of study; and 

17 ‘‘(3) may include internships, fellowships, re18 search assistant positions, teacher residencies, and 

19 apprenticeships registered under the Act of August 

20 16, 1937 (commonly known as the ‘‘National Ap21 prenticeship Act’’; 50 Stat. 664, chapter 663; 29 

22 U.S.C. 50 et seq.).’’. 

23 SEC. 4202. ALLOCATION FORMULA. 

24 Section 442 of the Higher Education Act of 1965 (20 

25 U.S.C. 1087–52) is amended to read as follows: 

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1 ‘‘SEC. 4202. ALLOCATION OF FUNDS. 

2 ‘‘(a) RESERVATIONS.— 

3 ‘‘(1) RESERVATION FOR IMPROVED INSTITU4 TIONS.— 

5 ‘‘(A) AMOUNT OF RESERVATION FOR IM6 PROVED INSTITUTIONS.—Beginning with the 

7 first fiscal year that is 2 years after the date 

8 of the enactment of the College Affordability 

9 Act, for a fiscal year in which the amount ap10 propriated under section 441(b) exceeds 

11 $700,000,000, the Secretary shall— 

12 ‘‘(i) reserve the lesser of— 

13 ‘‘(I) an amount equal to 20 per14 cent of the amount by which the 

15 amount appropriated under section 

16 441(b) exceeds $700,000,000; or 

17 ‘‘(II) $150,000,000; and 

18 ‘‘(ii) allocate the amount reserved 

19 under clause (i) to each improved institu20 tion in an amount equal to the greater of 

21 the following: 

22 ‘‘(I) The amount that bears the 

23 same proportion to the amount re24 served under clause (i) as the total 

25 amount of all Federal Pell Grant 

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1 tution for the second preceding fiscal 

2 year bears to the total amount of Fed3 eral Pell Grant funds awarded at im4 proved institutions participating under 

5 this part for the second preceding fis6 cal year. 

7 ‘‘(II) $5,000. 

8 ‘‘(B) IMPROVED INSTITUTION DE9 SCRIBED.—For purposes of this paragraph, an 

10 improved institution is an institution that, on 

11 the date the Secretary makes an allocation 

12 under subparagraph (A)(ii)— 

13 ‘‘(i) is an institution of higher edu14 cation (as defined under section 101) par15 ticipating under this part; 

16 ‘‘(ii) is with respect to— 

17 ‘‘(I) the completion rate or grad18 uation rate of Federal Pell Grant re19 cipients at the institution, in the top 

20 75 percent of all institutions partici21 pating under this part for the pre22 ceding fiscal year; 

23 ‘‘(II) the percentage of Federal 

24 Pell Grant recipients at the institu25 tion, in the top 50 percent of the inVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 stitutions described in subclause (I); 

2 and 

3 ‘‘(III) the annual increase in the 

4 completion rate or graduation rate of 

5 Federal Pell Grant recipients at the 

6 institution, in the top 50 percent of 

7 the institutions described in sub8 clauses (I) and (II). 

9 ‘‘(C) COMPLETION RATE OR GRADUATION

10 RATE.—For purposes of determining the com11 pletion rate or graduation rate under this sec12 tion, a Federal Pell Grant recipient who is ei13 ther a full-time student or a part-time student 

14 shall be counted as a completer or graduate if, 

15 within 150 percent of the normal time for com16 pletion of or graduation from the program, the 

17 student has completed or graduated from the 

18 program, or enrolled in any program of an in19 stitution participating in any program under 

20 this title for which the prior program provides 

21 substantial preparation. 

22 ‘‘(2) RESERVATION FOR GRANT PROGRAM.— 

23 From the amount appropriated under section 441(b) 

24 for a fiscal year and remaining after the Secretary 

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1 retary shall reserve $30,000,000 to carry out grants 

2 under section 449. 

3 ‘‘(3) REALLOCATION OF AMOUNT RETURNED BY

4 IMPROVED INSTITUTIONS.—If an institution returns 

5 to the Secretary any portion of the sums allocated 

6 to such institution under this subsection for any fis7 cal year, the Secretary shall reallot such excess to 

8 improved institutions on the same basis as under 

9 paragraph (1)(A). 

10 ‘‘(4) PUBLICATION.—Beginning 1 year after 

11 the first allocations are made to improved institu12 tions under paragraph (1)(A) and annually there13 after, the Secretary shall make publicly available— 

14 ‘‘(A) a list of the improved institutions 

15 that received funding under such paragraph in 

16 the prior fiscal year; 

17 ‘‘(B) the percentage of students at each 

18 such improved institution that are Federal Pell 

19 Grant recipients; 

20 ‘‘(C) the completion rate or graduation 

21 rate for the students described in subparagraph 

22 (B) with respect to each such improved institu23 tion; and 

24 ‘‘(D) a comparison between the informa25 tion described in subparagraphs (A), (B), and 

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1 (C) for the prior fiscal year for such improved 

2 institution, and such information for the year 

3 prior to such year. 

4 ‘‘(c) ALLOCATION FORMULA FOR FISCAL YEARS

5 2021 THROUGH 2025.— 

6 ‘‘(1) IN GENERAL.—From the amount appro7 priated under section 441(b) for a fiscal year and re8 maining after the Secretary reserves funds under 

9 subsection (a), the Secretary shall allocate to each 

10 institution— 

11 ‘‘(A) for fiscal year 2021, an amount equal 

12 to the greater of— 

13 ‘‘(i) 90 percent of the amount the in14 stitution received under this subsection 

15 and subsection (a) for fiscal year 2020, as 

16 such subsections were in effect with re17 spect to such fiscal year (in this subpara18 graph referred to as ‘the 2020 amount for 

19 the institution’); or 

20 ‘‘(ii) the fair share amount for the in21 stitution determined under subsection (d); 

22 ‘‘(B) for fiscal year 2022, an amount equal 

23 to the greater of— 

24 ‘‘(i) 80 percent of the 2020 amount 

25 for the institution; or 

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1 ‘‘(ii) the fair share amount for the in2 stitution determined under subsection (d); 

3 ‘‘(C) for fiscal year 2023, an amount equal 

4 to the greater of— 

5 ‘‘(i) 60 percent of the 2020 amount 

6 for the institution; or 

7 ‘‘(ii) the fair share amount for the in8 stitution determined under subsection (d); 

9 ‘‘(D) for fiscal year 2024, an amount equal 

10 to the greater of— 

11 ‘‘(i) 40 percent of the 2020 amount 

12 for the institution; or 

13 ‘‘(ii) the fair share amount for the in14 stitution determined under subsection (d); 

15 and 

16 ‘‘(E) for fiscal year 2025, an amount equal 

17 to the greater of— 

18 ‘‘(i) 20 percent of the 2020 amount 

19 for the institution; or 

20 ‘‘(ii) the fair share amount for the in21 stitution determined under subsection (d). 

22 ‘‘(2) RATABLE REDUCTION.— 

23 ‘‘(A) IN GENERAL.—If the amount appro24 priated under section 441(b) for a fiscal year 

25 and remaining after the Secretary reserves 

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1 funds under subsection (a) is less than the 

2 amount required to be allocated to the institu3 tions under this subsection, then the amount of 

4 the allocation to each institution shall be rat5 ably reduced. 

6 ‘‘(B) ADDITIONAL APPROPRIATIONS.—If 

7 the amounts allocated to each institution are 

8 ratably reduced under subparagraph (A) for a 

9 fiscal year and additional amounts are appro10 priated for such fiscal year, the amount allo11 cated to each institution from the additional 

12 amounts shall be increased on the same basis as 

13 the amounts under subparagraph (A) were re14 duced (until each institution receives the 

15 amount required to be allocated under this sub16 section). 

17 ‘‘(d) ALLOCATION FORMULA FOR FISCAL YEAR 2026 

18 AND EACH SUCCEEDING FISCAL YEAR.—Except as pro19 vided in subsection (d)(5), from the amount appropriated 

20 under section 441(b) for fiscal year 2026 and each suc21 ceeding fiscal year and remaining after the Secretary re22 serves funds under subsection (a), the Secretary shall allo23 cate to each institution the fair share amount for the insti24 tution determined under subsection (d). 

25 ‘‘(e) DETERMINATION OF FAIR SHARE AMOUNT.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 the fair share amount for an institution for a fiscal 

3 year shall be equal to the sum of— 

4 ‘‘(A) 100 percent of the institution’s un5 dergraduate student need described in para6 graph (2) for the preceding fiscal year; and 

7 ‘‘(B) 25 percent of the institution’s grad8 uate student need described in paragraph (3) 

9 for the preceding fiscal year. 

10 ‘‘(2) INSTITUTIONAL UNDERGRADUATE STU11 DENT NEED CALCULATION.—The undergraduate 

12 student need for an institution for a fiscal year shall 

13 be equal to the sum of the following: 

14 ‘‘(A) An amount equal to 50 percent of the 

15 amount that bears the same proportion to the 

16 available appropriated amount for such fiscal 

17 year as the total amount of Federal Pell Grant 

18 funds awarded at the institution for the pre19 ceding fiscal year bears to the total amount of 

20 Federal Pell Grant funds awarded at all institu21 tions participating under this part for the pre22 ceding fiscal year. 

23 ‘‘(B) An amount equal to 50 percent of the 

24 amount that bears the same proportion to the 

25 available appropriated amount for such fiscal 

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1 year as the total amount of the undergraduate 

2 student need at the institution for the preceding 

3 fiscal year bears to the total amount of under4 graduate student need at all institutions partici5 pating under this part for the preceding fiscal 

6 year. 

7 ‘‘(3) INSTITUTIONAL GRADUATE STUDENT

8 NEED CALCULATION.—The graduate student need 

9 for an institution for a fiscal year shall be equal to 

10 the amount that bears the same proportion to the 

11 available appropriated amount for such fiscal year as 

12 the total amount of the graduate student need at the 

13 institution for the preceding fiscal year bears to the 

14 total amount of graduate student need at all institu15 tions participating under this part for the preceding 

16 fiscal year. 

17 ‘‘(4) ELIGIBILITY FOR FAIR SHARE AMOUNT.— 

18 The Secretary may not allocate funds under this 

19 part to any institution that, for two or more fiscal 

20 years during any three fiscal year period beginning 

21 not earlier than the first day of the first fiscal year 

22 that is 2 years after the date of the enactment of 

23 this paragraph, has— 

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1 ‘‘(A) a student population with less than 7 

2 percent of undergraduate students who are re3 cipients of Federal Pell Grants; or 

4 ‘‘(B) if the institution only enrolls grad5 uate students, a student population with less 

6 than 5 percent of students that have an ex7 pected family contribution of zero. 

8 ‘‘(5) DEFINITIONS.—In this subsection: 

9 ‘‘(A) AVAILABLE APPROPRIATED

10 AMOUNT.—In this section, the term ‘available 

11 appropriated amount’ means— 

12 ‘‘(i) the amount appropriated under 

13 section 441(b) for a fiscal year, minus 

14 ‘‘(ii) the amounts reserved under sub15 section (a) for such fiscal year. 

16 ‘‘(B) AVERAGE COST OF ATTENDANCE.— 

17 The term ‘average cost of attendance’ means, 

18 with respect to an institution, the average of 

19 the attendance costs for a fiscal year for stu20 dents which shall include— 

21 ‘‘(i) tuition and fees, computed on the 

22 basis of information reported by the insti23 tution to the Secretary, which shall in24 clude— 

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1 ‘‘(I) total revenue received by the 

2 institution from undergraduate and 

3 graduate tuition and fees for the sec4 ond year preceding the year for which 

5 it is applying for an allocation; and 

6 ‘‘(II) the institution’s enrollment 

7 for such second preceding year; 

8 ‘‘(ii) standard living expenses equal to 

9 150 percent of the difference between the 

10 income protection allowance for a family of 

11 five with one in college and the income 

12 protection allowance for a family of six 

13 with one in college for a single independent 

14 student; and 

15 ‘‘(iii) books and supplies, in an 

16 amount not exceeding $1,000. 

17 ‘‘(C) GRADUATE STUDENT NEED.—The 

18 term ‘graduate student need’ means, with re19 spect to a graduate student for a fiscal year, 

20 the lesser of the following: 

21 ‘‘(i) The amount equal to (except the 

22 amount computed by this clause shall not 

23 be less than zero)— 

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1 ‘‘(I) the average cost of attend2 ance for the preceding fiscal year, 

3 minus 

4 ‘‘(II) such graduate student’s ex5 pected family contribution (computed 

6 in accordance with part F of this 

7 title) for the preceding fiscal year. 

8 ‘‘(ii) The total annual loan limit for a 

9 Federal Direct Unsubsidized Stafford 

10 Loan. 

11 ‘‘(D) UNDERGRADUATE STUDENT NEED.— 

12 The term ‘undergraduate student need’ means, 

13 with respect to an undergraduate student for a 

14 fiscal year, the lesser of the following: 

15 ‘‘(i) The total of the amount equal to 

16 (except the amount computed by this 

17 clause shall not be less than zero)— 

18 ‘‘(I) the average cost of attend19 ance for the fiscal year, minus 

20 ‘‘(II) such undergraduate stu21 dent’s expected family contribution 

22 (computed in accordance with part F 

23 of this title) for the preceding fiscal 

24 year. 

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1 ‘‘(ii) The total annual loan limit for a 

2 Federal Direct Unsubsidized Stafford 

3 Loan and a Federal Direct Loan. 

4 ‘‘(f) RETURN OF SURPLUS ALLOCATED FUNDS.— 

5 ‘‘(1) IN GENERAL.—Except with respect to 

6 funds returned under subsection (a)(3), if an institu7 tion returns to the Secretary any portion of the 

8 sums allocated to such institution under this section 

9 for any fiscal year, the Secretary shall reallot such 

10 excess to institutions that used at least 10 percent 

11 of the total amount of funds granted to such institu12 tion under this section to compensate students em13 ployed during a qualified period of nonenrollment 

14 (as such term is defined in section 443(f)) on the 

15 same basis as excess eligible amounts are allocated 

16 under subsection (d). 

17 ‘‘(2) USE OF FUNDS.—Funds received by insti18 tutions pursuant to this subsection shall, to max19 imum extent practicable, be used to compensate stu20 dents employed in work-based learning positions. 

21 ‘‘(3) RETAINED FUNDS.— 

22 ‘‘(A) AMOUNT RETURNED.—If an institu23 tion returns more than 10 percent of its alloca24 tion under paragraph (1), the institution’s alloVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00477 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 cation for the next fiscal year shall be reduced 

2 by the amount returned. 

3 ‘‘(B) WAIVER.—The Secretary may waive 

4 this paragraph for a specific institution if the 

5 Secretary finds that enforcing this paragraph 

6 would be contrary to the interest of the pro7 gram. 

8 ‘‘(g) FILING DEADLINES.—The Secretary may re9 quire applications under this section, at such time, in such 

10 manner, and containing such information as the Secretary 

11 may require.’’. 

12 SEC. 4203. GRANTS FOR FEDERAL WORK-STUDY PRO13 GRAMS. 

14 Section 443 of the Higher Education Act of 1965 (20 

15 U.S.C. 1087–53) is amended— 

16 (1) in subsection (b)— 

17 (A) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) provide that funds granted an institution 

20 of higher education, pursuant to this section may 

21 only be used to make payments to students partici22 pating in work-study programs except that an insti23 tution— 

24 ‘‘(A) shall, beginning fiscal year 2023— 

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1 ‘‘(i) use at least 3 percent of the total 

2 amount of funds granted to such institu3 tion under this section for such fiscal year 

4 to compensate students who have excep5 tional need (as defined in section 

6 413C(c)(2)) and are employed in a work7 based learning position during a qualified 

8 period of nonenrollment, as defined in sub9 section (f), except that the Secretary may 

10 waive this clause if the Secretary deter11 mines that enforcing this clause would 

12 cause hardship for students at the institu13 tion; and 

14 ‘‘(ii) use at least 7 percent of the total 

15 amount of funds granted to such institu16 tion under this section for such fiscal year 

17 to compensate students employed in work18 based learning positions, except that the 

19 Secretary may waive this clause if the Sec20 retary determines that enforcing this 

21 clause would cause hardship for students 

22 at the institution; 

23 ‘‘(B) may— 

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1 ‘‘(i) use a portion of the sums granted 

2 to it to compensate students employed in 

3 community service; 

4 ‘‘(ii) use a portion of the sums grant5 ed to it to meet administrative expenses in 

6 accordance with section 489; 

7 ‘‘(iii) use a portion of the sums grant8 ed to it to meet the cost of a job location 

9 and development program in accordance 

10 with section 446 of this part; and 

11 ‘‘(iv) transfer funds in accordance 

12 with the provisions of section 488;’’; 

13 (B) in paragraph (4)— 

14 (i) by striking ‘‘$300’’ and inserting 

15 ‘‘$500’’; and 

16 (ii) by inserting ‘‘except as provided 

17 under subsection (f),’’ before ‘‘provide’’; 

18 (C) in paragraph (5)— 

19 (i) in subparagraph (A)(ii), by strik20 ing ‘‘and’’ at the end; 

21 (ii) in subparagraph (B), by inserting 

22 ‘‘and’’ after the semicolon; and 

23 (iii) by adding at the end the fol24 lowing: 

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1 ‘‘(C) the Federal share shall equal 100 

2 percent if the institution is eligible for assist3 ance under title III or title V;’’. 

4 (D) in paragraph (6)— 

5 (i) by inserting ‘‘who demonstrate ex6 ceptional need (as defined in section 

7 413C(c)(2))’’ after ‘‘students’’; and 

8 (ii) by inserting ‘‘and prioritize em9 ployment for students who are currently 

10 homeless individuals described in section 

11 725 of the McKinney-Vento Homeless As12 sistance Act (42 U.S.C. 11434a) or foster 

13 care youth’’ after ‘‘institution’’; 

14 (E) in paragraph (7), by striking ‘‘voca15 tional’’ and inserting ‘‘career’’; 

16 (F) in paragraph (8)(A)(i), by striking ‘‘or 

17 vocational goals’’ and inserting ‘‘career goals’’; 

18 (G) in paragraph (10), by striking ‘‘; and’’ 

19 and inserting a semicolon; 

20 (H) in paragraph (11), by striking the pe21 riod at the end and inserting a semicolon; and 

22 (I) by adding at the end the following: 

23 ‘‘(12) provide assurances that compensation of 

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1 bursement for reasonable travel (not including the 

2 purchase of a vehicle) directly related to such work3 study program; 

4 ‘‘(13) provide assurances that the institution 

5 will administer and use feedback from the surveys 

6 required under section 450, to improve the experi7 ences of students employed in the work-study pro8 gram in accordance with the agreement; 

9 ‘‘(14) provide assurances that the institution 

10 will collect data from students and employers such 

11 that the employment made available from funds 

12 under this part will, to the maximum extent prac13 ticable, complement and reinforce the educational 

14 goals or career goals of each student receiving as15 sistance under this part; and 

16 ‘‘(15) provide assurances that if the institution 

17 receives funds under section 442(a)(1)(A), such in18 stitution shall— 

19 ‘‘(A) use such funds to compensate stu20 dents employed in the work-study program in 

21 accordance with the agreement; and 

22 ‘‘(B) prioritize the awarding of such funds 

23 (and increasing the amount of each award) to 

24 students— 

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1 ‘‘(i) who demonstrate exceptional need 

2 (as defined in section 413C(c)(2)); and 

3 ‘‘(ii) who are employed in work-based 

4 learning opportunities through the work 

5 study program in accordance with the 

6 agreement.’’; 

7 (2) in subsection (c)— 

8 (A) by amending paragraph (2) to read as 

9 follows: 

10 ‘‘(2) provide that— 

11 ‘‘(A) in the case of an institution that has 

12 not received a waiver from the Secretary, such 

13 institution will not use more than 25 percent of 

14 the funds made available to such institution 

15 under this part for any fiscal year for the oper16 ation of the program described in paragraph 

17 (1); and 

18 ‘‘(B) in the case of an institution that has 

19 received a waiver from the Secretary, such in20 stitution will not use more than 50 percent of 

21 the funds made available to such institution 

22 under this part for any fiscal year for the oper23 ation of the program described in paragraph 

24 (1);’’. 

25 (B) in paragraph (4)— 

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1 (i) by inserting ‘‘and complement and 

2 reinforce the educational goals or career 

3 goals of each student receiving assistance 

4 under this part’’ after ‘‘academically rel5 evant’’; and 

6 (ii) by striking ‘‘and’’ at the end; 

7 (C) in paragraph (5), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(6) provide assurances that compensation of 

11 students employed in the work-study program in ac12 cordance with the agreement shall include reim13 bursement for reasonable travel (not including the 

14 purchase of a vehicle) directly related to such work15 study program.’’; 

16 (3) in subsection (d)(1)— 

17 (A) by striking ‘‘In any academic year to 

18 which subsection (b)(2)(A) applies, an institu19 tion shall ensure that’’ and inserting ‘‘An insti20 tution may use the’’; and 

21 (B) by striking ‘‘travel’’ and inserting 

22 ‘‘reasonable travel (not including the purchase 

23 of a vehicle)’’; and 

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

25 ‘‘(f) QUALIFIED PERIOD OF NONENROLLMENT.— 

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1 ‘‘(1) IN GENERAL.—A student may be awarded 

2 work-study employment during a qualified period of 

3 nonenrollment if— 

4 ‘‘(A) the student demonstrates exceptional 

5 need (as defined in section 413C(c)(2)) in the 

6 award year prior to the qualified period of non7 enrollment; 

8 ‘‘(B) the student is employed in a work9 based learning position; and 

10 ‘‘(C) the employment— 

11 ‘‘(i) involves less than 25 percent ad12 ministrative work; and 

13 ‘‘(ii) is for at least 20 hours per week, 

14 unless the institution waives such require15 ment— 

16 ‘‘(I) at the request of the stu17 dent; or 

18 ‘‘(II) based on a finding by the 

19 institution that such requirement pre20 sents a hardship in finding a work21 based learning position for the stu22 dent. 

23 ‘‘(2) FUNDS EARNED.— 

24 ‘‘(A) IN GENERAL.—Any funds earned by 

25 a student (beyond standard living expenses (as 

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1 such term is described in section 

2 413D(c)(3)(C))) during the qualified period of 

3 nonenrollment less than or equal to $2,500 may 

4 not be applied to such student’s cost of attend5 ance for the next period in which the student 

6 is enrolled. 

7 ‘‘(B) EXCESS FUNDS.—Any funds earned 

8 by a student (beyond standard living expenses 

9 (as such term is described in section 

10 413D(c)(3)(C))) during the qualified period of 

11 nonenrollment in excess of $2,500 shall be ap12 plied to such student’s cost of attendance for 

13 the next period in which the student is enrolled. 

14 ‘‘(3) DEFINITION OF QUALIFIED PERIOD OF

15 NONENROLLMENT.—In this subsection, the term 

16 ‘qualified period of nonenrollment’ means, with re17 spect to a student, a period of nonenrollment that— 

18 ‘‘(A) occurs between a period of enrollment 

19 and a period of anticipated enrollment; and 

20 ‘‘(B) the duration of which is no longer 

21 than 6 months.’’. 

22 SEC. 4204. FLEXIBLE USE OF FUNDS. 

23 Section 445 of the Higher Education Act of 1965 (20 

24 U.S.C. 1087–55) is amended— 

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1 (1) in subsection (a), by adding at the end the 

2 following: 

3 ‘‘(3) In addition to the carry-over sums author4 ized under paragraph (1) of this section, an institu5 tion may permit a student who completed the pre6 vious award period to continue to earn unearned 

7 portions of the student’s work-study award from 

8 that previous period if— 

9 ‘‘(A) any reduction in the student’s need 

10 upon which the award was based is accounted 

11 for in the remaining portion; and 

12 ‘‘(B) the student is currently employed in 

13 a work-based learning position.’’; and 

14 (2) by striking ‘‘10 percent’’ both places it ap15 pears and inserting ‘‘20 percent’’. 

16 SEC. 4205. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

17 (a) AMENDMENTS.—Section 446 of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1087–56) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1), by striking ‘‘10 per21 cent or $75,000’’ and inserting ‘‘20 percent or 

22 $150,000’’; and 

23 (B) in paragraph (2), by striking ‘‘voca24 tional’’ and inserting ‘‘career’’; and 

25 (2) in subsection (b)— 

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1 (A) by striking paragraphs (1) and (2); 

2 (B) by inserting before paragraph (3) the 

3 following: 

4 ‘‘(1) provide satisfactory assurance that the in5 stitution will prioritize placing students with excep6 tional need (as defined in section 413C(c)(2)) and 

7 Federal work-study recipients in jobs located and de8 veloped under this section; and 

9 ‘‘(2) provide satisfactory assurances that the 

10 funds available under this section will be used to lo11 cate and develop work-based learning positions;’’; 

12 and 

13 (C) in paragraph (6), by striking the pe14 riod and inserting ‘‘, including— 

15 ‘‘(A) the number of students employed in 

16 work-based learning positions through such pro17 gram; 

18 ‘‘(B) the number of students dem19 onstrating exceptional need (as defined in sec20 tion 413C(c)(2)) and Federal work-study recipi21 ents employed through such program; and 

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1 ents employed in work-based learning positions 

2 through such program.’’. 

3 (b) CLARIFICATION ON CARRY-OVER AUTHORITY.— 

4 Of the sums granted to an eligible institution under part 

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

6 1087–51) for any fiscal year, 10 percent may, at the dis7 cretion of the institution, remain available for expenditure 

8 during the succeeding fiscal year to carry out programs 

9 under such part, including the job location and develop10 ment programs under section 446 of such Act (20 U.S.C. 

11 1087–56). 

12 SEC. 4206. COMMUNITY SERVICE. 

13 Section 447 of the Higher Education Act of 1965 (20 

14 U.S.C. 1087–57) is amended to read as follows: 

15 ‘‘SEC. 447. ADDITIONAL FUNDS TO CONDUCT COMMUNITY 

16 SERVICE WORK STUDY PROGRAMS. 

17 ‘‘Each institution participating under this part may 

18 use up to 10 percent of the funds made available under 

19 section 489(a) and attributable to the amount of the insti20 tution’s expenditures under this part to conduct that insti21 tution’s program of community service-learning, includ22 ing— 

23 ‘‘(1) development of mechanisms to assure the 

24 academic quality of the student experience; 

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1 ‘‘(2) assuring student access to educational re2 sources, expertise, and supervision necessary to 

3 achieve community service objectives; 

4 ‘‘(3) assuring, to the maximum extent prac5 ticable, that the community service-learning program 

6 will support the educational goals or career goals of 

7 students participating in such program; 

8 ‘‘(4) collaboration with public and private non9 profit agencies, and programs assisted under the 

10 National and Community Service Act of 1990 in the 

11 planning, development, and administration of such 

12 programs; and 

13 ‘‘(5) to recruit and compensate students for 

14 community service-learning (including compensation 

15 for time spent in training and for reasonable travel 

16 (not including the purchase of a vehicle) directly re17 lated to such community service).’’. 

18 SEC. 4207. PILOT GRANT PROGRAM. 

19 Part C of title IV of the Higher Education Act (20 

20 U.S.C. 1087–51 et seq.) is amended by adding at the end 

21 the following: 

22 ‘‘SEC. 449. WORK-BASED LEARNING OPPORTUNITIES PILOT 

23 GRANT PROGRAM. 

24 ‘‘(a) ESTABLISHMENT.— 

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1 ‘‘(1) IN GENERAL.—The Secretary shall estab2 lish a program to provide grants to eligible institu3 tions participating under this part to establish or ex4 pand a program to develop work-based learning posi5 tions. 

6 ‘‘(2) LIMITATIONS.— 

7 ‘‘(A) DURATION.—A grant awarded under 

8 this section shall be for a period of not more 

9 than 4 years, but may be renewed by the Sec10 retary for a period of 2 years. 

11 ‘‘(B) AMOUNT.—A grant under this sec12 tion may not be in an amount greater than 

13 $1,000,000. 

14 ‘‘(b) APPLICATION.—To be selected to receive a grant 

15 under this section an eligible institution participating 

16 under this part shall submit an application to the Sec17 retary at such time, in such manner, and containing such 

18 information as the Secretary may require, including a plan 

19 that describes how the eligible institution will establish or 

20 expand a program to develop work-based learning posi21 tions that will— 

22 ‘‘(1) benefit students who demonstrate excep23 tional need (as defined in section 413C(c)(2)); 

24 ‘‘(2) identify high-demand occupations (as de25 termined by the Bureau of Labor and Statistics, 

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1 State departments of labor, and local workforce in2 vestment boards) and develop partnerships with 

3 high-demand employers (including nonprofit organi4 zations, for-profit firms, or public agencies); 

5 ‘‘(3) involve participating employers in evalu6 ating and improving such program; 

7 ‘‘(4) track and report academic and employ8 ment outcomes for participating students; and 

9 ‘‘(5) be able to continue after the end of the 

10 grant term. 

11 ‘‘(c) USE OF FUNDS.—Grant funds awarded under 

12 this program shall be used to pay wages for students par13 ticipating under this program and develop work-based 

14 learning positions that— 

15 ‘‘(1) are for a period of at least 12 weeks; 

16 ‘‘(2) serve students who demonstrate excep17 tional need (as defined in section 413C(c)(2)); 

18 ‘‘(3) limit administrative work to no more than 

19 25 percent of such position; 

20 ‘‘(4) provide a minimum of 15 hours of work 

21 per week during periods of enrollment and 30 hours 

22 per week during periods of nonenrollment, except 

23 such requirement may be waived by the institution 

24 in consultation with a student; 

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1 ‘‘(5) include career coaching from participating 

2 employers (including mock interviews, resume writ3 ing assistance, and counseling on applying for and 

4 attaining employment); and 

5 ‘‘(6) provide participating students with oppor6 tunities to meet with employers in fields or indus7 tries related to those of participating employers. 

8 ‘‘(d) REPORT.—On a date that is before the date on 

9 which the period of the grant received by an eligible insti10 tution under this section terminates, such institution shall 

11 submit a report to the Secretary including— 

12 ‘‘(1) the graduation rate or completion rate (as 

13 described under section 442(a)(1)(C)) with respect 

14 to students participating in work-based learning po15 sitions under the pilot program; and 

16 ‘‘(2) the results of the work-based learning op17 portunities program for which such institution re18 ceived such grant, including— 

19 ‘‘(A) participating students’ satisfaction 

20 with the program as reported in surveys under 

21 section 450, as amended by section 4208 of the 

22 College Affordability Act; 

23 ‘‘(B) the types of jobs in which partici24 pating students were employed and the types of 

25 duties performed in such jobs; 

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1 ‘‘(C) the academic programs of the partici2 pating students; 

3 ‘‘(D) the share of participating students 

4 who worked at another job, in addition to the 

5 one under the pilot program; 

6 ‘‘(E) the percentage of participating stu7 dents who, during the second quarter after 

8 completing their academic program, are in edu9 cation or training activities or unsubsidized em10 ployment; 

11 ‘‘(F) the percentage of participating stu12 dents employed in high-demand occupations 

13 within 2 quarters of completing their academic 

14 programs; and 

15 ‘‘(G) other items as deemed relevant by the 

16 Secretary. 

17 ‘‘(e) RESERVATION OF FUNDING FOR SUCH PRO18 GRAM.—From the amount appropriated under section 

19 441(b) for a fiscal year and remaining after the Secretary 

20 reserves funds under section 442(a)(1), the Secretary shall 

21 reserve $30,000,000 to carry out grants under this sec22 tion.’’. 

23 SEC. 4208. DEPARTMENT ACTIVITIES. 

24 Part C of title IV of the Higher Education Act of 

25 1965 (20 U.S.C. 1087–51 et seq.), as amended by section 

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1 4207, is further amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 450. DEPARTMENT ACTIVITIES. 

4 ‘‘(a) SURVEYS.—Not later than 1 year after the date 

5 of the enactment of this section, the Secretary shall de6 velop, in consultation with work-study administrators from 

7 institutions of higher education, participating employers, 

8 and participating students— 

9 ‘‘(1) a consumer-tested electronic survey for 

10 students awarded work-study employment under the 

11 Federal work-study program under this part that— 

12 ‘‘(A) measures each such student’s satis13 faction with the Federal work-study program, 

14 including— 

15 ‘‘(i) any complaints the student has 

16 with respect to the program; 

17 ‘‘(ii) the amount and quality of the 

18 on-the-job training the student received; 

19 ‘‘(iii) the amount and quality of on20 the-job supervision and employer feedback 

21 the student received; 

22 ‘‘(iv) the amount and quality of infor23 mation provided by the institution about 

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1 ties and the availability of work-study staff 

2 at the institution; 

3 ‘‘(v) the quality of the assistance pro4 vided by the institution to the student in 

5 finding a work-study job and the avail6 ability of types of jobs; and 

7 ‘‘(vi) the student’s overall satisfaction 

8 with the work-study program; 

9 ‘‘(B) measures the applicability of work10 study employment to the educational goals and 

11 career goals of each such student; 

12 ‘‘(C) elicits an assessment by each such 

13 student of the capacity to manage time between 

14 work-study employment and coursework; 

15 ‘‘(D) measures, with respect to the pro16 gram— 

17 ‘‘(i) the award amounts under the 

18 program; 

19 ‘‘(ii) the average number of hours stu20 dents worked per week, and the wages re21 ceived for such work; 

22 ‘‘(iii) the number of on campus jobs 

23 and off campus jobs; 

24 ‘‘(iv) how students located work-study 

25 positions; 

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1 ‘‘(v) the work performed at each job; 

2 ‘‘(vi) whether students worked addi3 tional jobs while employed in a work-study 

4 job (and the reason for such additional 

5 job); 

6 ‘‘(vii) whether the work-study employ7 ment had an impact on the student’s aca8 demic performance; and 

9 ‘‘(viii) the voluntarily disclosed demo10 graphics of students awarded work-study 

11 employment; and 

12 ‘‘(E) includes such information as the Sec13 retary may require; and 

14 ‘‘(2) a consumer-tested electronic survey for 

15 employers of students described in paragraph (1) 

16 that— 

17 ‘‘(A) measures each such employer’s satis18 faction with the Federal work-study program, 

19 including— 

20 ‘‘(i) the extent to which the employer 

21 is satisfied with its ability to accommodate 

22 students’ schedules; 

23 ‘‘(ii) the extent to which student-em24 ployees are prepared for the duties adver25 tised for the job; and 

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1 ‘‘(iii) the extent to which the employer 

2 is satisfied with opportunities to make rec3 ommendations for improving institutions’ 

4 academic programs; 

5 ‘‘(B) elicits an assessment by each such 

6 employer of— 

7 ‘‘(i) any complaints the employer had 

8 with respect to the program; 

9 ‘‘(ii) any skills or knowledge necessary 

10 for the job that student-employees are 

11 lacking; and 

12 ‘‘(iii) the extent of outreach from in13 stitutions to the employer; and 

14 ‘‘(C) includes such information as the Sec15 retary may require; and 

16 ‘‘(3) a consumer-tested electronic survey that, 

17 not less than once every 4 years, with respect to 

18 each institution of higher education participating in 

19 the Federal work-study program, measures— 

20 ‘‘(A) methods used to recruit on-campus 

21 and off-campus employers; 

22 ‘‘(B) if an institution operates a job loca23 tion development program— 

24 ‘‘(i) the share of jobs filled on-campus 

25 and off-campus; 

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1 ‘‘(ii) the share of jobs filled by— 

2 ‘‘(I) work-study recipients; and 

3 ‘‘(II) students who demonstrate 

4 exceptional need (as defined in section 

5 413C(c)(2)); 

6 ‘‘(iii) the primary factors considered 

7 in matching work-study students and jobs; 

8 ‘‘(iv) the share of students employed 

9 in work-based learning opportunities; and 

10 ‘‘(v) the share of students employed 

11 during qualified periods of nonenrollment, 

12 including the share of students with excep13 tional need (as defined in section 

14 413C(c)(2)) employed during qualified pe15 riods of nonenrollment; 

16 ‘‘(C) the institution’s Federal and non17 Federal contributions toward work-study wages; 

18 ‘‘(D) the primary factors considered in 

19 awarding students work-study and in deter20 mining the amount of the award; 

21 ‘‘(E) the acceptance rate among students 

22 who were offered work-study aid; and 

23 ‘‘(F) other information the Secretary may 

24 require. 

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1 ‘‘(b) RESULTS.—The Secretary shall develop an on2 line portal— 

3 ‘‘(1) for students, employers, and institutions of 

4 higher education to access the surveys required 

5 under subsection (a); and 

6 ‘‘(2) to compile the results of such surveys. 

7 ‘‘(c) REPORT.—Not less than once every 4 years after 

8 the date of the enactment of this subsection, the Secretary 

9 shall submit a report to Congress that includes— 

10 ‘‘(1) the data collected under this section (re11 dacted for personal information); 

12 ‘‘(2) with respect to students employed in work13 study through the Federal work-study program— 

14 ‘‘(A) the types of jobs such students par15 ticipated in; 

16 ‘‘(B) the average hours worked per week; 

17 ‘‘(C) the average award amount; 

18 ‘‘(D) the average wage rates; 

19 ‘‘(E) the extent to which students enter 

20 employment with skills and knowledge gained 

21 from work-study participation that have pre22 pared them for the job; and 

23 ‘‘(F) the students’ satisfaction with the 

24 program and primary complaints; 

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1 ‘‘(3) the extent to which institutions conduct 

2 outreach to employers and engage them in discus3 sions on improving academic programs; 

4 ‘‘(4) the extent to which institutions conduct 

5 outreach to students and make jobs readily avail6 able; 

7 ‘‘(5) the extent to which the work-study employ8 ment aligns with students’ academic programs or ca9 reer goals; 

10 ‘‘(6) the employers’ satisfaction with the pro11 gram and primary complaints; and 

12 ‘‘(7) recommendations for improving the pro13 gram. 

14 ‘‘(d) CONSULTATION.— 

15 ‘‘(1) IN GENERAL.—In consulting with the enti16 ties described in subsection (a) to create the elec17 tronic surveys required under such subsection, the 

18 Secretary shall engage with— 

19 ‘‘(A) a representative sample of institu20 tions of higher education participating in the 

21 Federal work-study program; 

22 ‘‘(B) a representative sample of employers 

23 participating in the Federal work-study pro24 gram; and 

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1 ‘‘(C) a representative sample of students 

2 participating in the Federal work-study pro3 gram. 

4 ‘‘(2) RESPONSE RATE.—The Secretary shall— 

5 ‘‘(A) consult with a survey consultant to 

6 develop a target response rate with respect to 

7 the electronic surveys required under subsection 

8 (a); and 

9 ‘‘(B) provide guidance to institution with 

10 respect to such developed target response rate. 

11 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary 

12 shall— 

13 ‘‘(1) provide technical assistance to institutions 

14 participating under the Federal work-study program 

15 under this part to— 

16 ‘‘(A) comply with the amendments made 

17 by part C of title IV of the College Affordability 

18 Act and the regulations issued pursuant to such 

19 part; 

20 ‘‘(B) administer the surveys described in 

21 subsection (a) to students and employers par22 ticipating in the Federal work-study program; 

23 and 

24 ‘‘(C) ensure that Federal work-study posi25 tions align with students’ educational goals or 

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1 career goals to the maximum extent practicable; 

2 and 

3 ‘‘(2) issue guidance and provide technical as4 sistance to institutions to support improved partner5 ships and coordination among financial aid, career 

6 services, and academic advisors to administer the 

7 Federal work-study program. 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 is authorized to be appropriated $2,000,000 to carry out 

10 subsection (a).’’. 

11 SEC. 4209. STUDY AND REPORT. 

12 (a) STUDY.—The Comptroller General of the United 

13 States shall, not later than a reasonable amount of time 

14 after the date of the enactment of this Act, conduct a 

15 study on best practices for assisting students participating 

16 in the Federal work-study program under part C of title 

17 IV of the Higher Education Act (42 U.S.C. 1087–51 et 

18 seq.) with— 

19 (1) connecting to off-campus employers; 

20 (2) procuring work-based learning opportunities 

21 through such program; 

22 (3) procuring employment that aligns with stu23 dents’ educational goals or career goals; 

24 (4) locating employment through job location 

25 and development programs; 

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1 (5) procuring employment in high-demand occu2 pations; 

3 (6) balancing employment with academic pro4 grams to improve graduation and completion rates; 

5 and 

6 (7) with respect to students with exceptional 

7 need (as defined in section 413C(c)(2) of the Higher 

8 Education Act of 1965 (20 U.S.C. 1070b– 

9 2(c)(2)))— 

10 (A) locating and coordinating work-study 

11 employment during qualified periods of non12 enrollment; 

13 (B) increasing participation of such stu14 dents in such work-study program; and 

15 (C) limiting the need for additional em16 ployment outside the work-study program. 

17 (b) REPORT.—Not later than one year after the date 

18 on which the study required under subsection (a) is com19 pleted, the Comptroller General of the United States shall 

20 submit to Congress a report summarizing the findings of 

21 such study. 

22 (c) PUBLISH REPORT.—The Comptroller General of 

23 the United States shall make the report required under 

24 subsection (b) available to the public on the website of the 

25 Government Accountability Office. 

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1 PART D—FEDERAL DIRECT LOAN PROGRAM 

2 SEC. 4301. PROGRAM AUTHORITY. 

3 Section 451(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1087a(a)) is amended— 

5 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’; 

6 and 

7 (2) by inserting ‘‘; and (3) to make loans under 

8 section 460A and section 460B’’ after ‘‘section 

9 459A’’. 

10 SEC. 4302. AMENDMENTS TO TERMS AND CONDITIONS OF 

11 LOANS AND REPAYMENT PLANS. 

12 (a) REPEAL OF ORIGINATION FEES.—Subsection (c) 

13 of section 455 of the Higher Education Act of 1965 (20 

14 U.S.C. 1087e(c)) is repealed. 

15 (b) RULEMAKING REGARDING TERMINATION OF

16 CERTAIN REPAYMENT PLANS.—Beginning on the date of 

17 enactment of this Act, the Secretary of Education shall 

18 carry out a plan to end all eligibility for repayment plans 

19 other than a fixed repayment plan described in section 

20 493E and an income-based repayment plan described 

21 under section 493C(f) for loans made under part B or D 

22 of title IV of the Higher Education Act of 1965, unless 

23 the borrower is enrolled in another repayment plan before 

24 such effective date, in accordance with the amendments 

25 made by this Act. 

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1 (c) REPAYMENT PLANS.—Section 455(d) of the 

2 Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is 

3 amended— 

4 (1) by redesignating paragraphs (2) through 

5 (5) as paragraphs (3) through (6), respectively; 

6 (2) by inserting after paragraph (1), the fol7 lowing: 

8 ‘‘(2) DESIGN AND SELECTION ON AND AFTER

9 JULY 1, 2021.— 

10 ‘‘(A) IN GENERAL.—Notwithstanding para11 graph (1), for the borrower of a loan made on 

12 or after July 1, 2021, and for other borrowers 

13 subject to paragraph (7), the Secretary shall 

14 offer a borrower of a loan made under this part 

15 2 plans for repayment of such loan, including 

16 principal and interest on the loan. The borrower 

17 shall be entitled to accelerate, without penalty, 

18 repayment on the borrower’s loans under this 

19 part. The borrower may choose— 

20 ‘‘(i) a fixed repayment plan described 

21 in section 493E; or 

22 ‘‘(ii) the income-based repayment plan 

23 under section 493C(f). 

24 ‘‘(B) SELECTION BY THE SECRETARY.—If 

25 a borrower of a loan made under this part on 

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1 or after July 1, 2021, does not select a repay2 ment plan described in subparagraph (A), the 

3 Secretary may provide the borrower with a 

4 fixed repayment plan described in section 493E. 

5 ‘‘(C) CHANGES IN SELECTIONS.—Begin6 ning on July 1, 2021, a borrower of a loan 

7 made under this part may change the bor8 rower’s selection of a repayment plan in accord9 ance with paragraph (7) and under such terms 

10 and conditions as may be established by the 

11 Secretary.’’; 

12 (3) in paragraph (6)(B), as redesignated, by 

13 striking ‘‘an income contingent repayment plan.’’ 

14 and inserting ‘‘the income-based repayment plan 

15 under section 493C(f).’’; and 

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

17 ‘‘(7) BORROWERS OF LOANS MADE BEFORE

18 JULY 1, 2021.—A borrower who is in repayment on 

19 a loan made under part B or part D before July 1, 

20 2021— 

21 ‘‘(A) may choose to retain the repayment 

22 plan that the borrower was enrolled in on the 

23 day before such date; 

24 ‘‘(B) may elect to— 

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1 ‘‘(i) enter the income-based repayment 

2 plan under section 493C(f); or 

3 ‘‘(ii) enter a fixed repayment plan de4 scribed in section 493E; and 

5 ‘‘(C) after electing to leave a repayment 

6 plan other than an income-based repayment 

7 plan described under section 493C(f) or a fixed 

8 repayment plan described in section 493E, shall 

9 not be permitted to re-elect a repayment plan 

10 that is not an income-based repayment plan 

11 under section 493C(f) or a fixed repayment 

12 plan described in section 493E. 

13 ‘‘(8) NOTIFICATION AND AUTOMATIC ENROLL14 MENT PROCEDURES FOR BORROWERS WHO ARE DE15 LINQUENT ON LOANS.— 

16 ‘‘(A) AUTHORITY TO OBTAIN INCOME IN17 FORMATION.—In the case of any borrower who 

18 is at least 60 days delinquent on a covered loan, 

19 the Secretary may obtain such information as is 

20 reasonably necessary regarding the income and 

21 family size of the borrower (and the borrower’s 

22 spouse, if applicable). 

23 ‘‘(B) BORROWER NOTIFICATION.—With re24 spect to each borrower of a covered loan who is 

25 at least 60 days delinquent on such loan and 

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1 who has not been subject to the procedures 

2 under this paragraph for such loan in the pre3 ceding 120 days, the Secretary shall, as soon as 

4 practicable after such 60-day delinquency, pro5 vide to the borrower the following: 

6 ‘‘(i) Notification that the borrower is 

7 at least 60 days delinquent on at least 1 

8 covered loan, and a description of all delin9 quent covered loans, nondelinquent covered 

10 loans, and noncovered loans of the bor11 rower. 

12 ‘‘(ii) A brief description of the repay13 ment plans for which the borrower is eligi14 ble and the covered loans and noncovered 

15 loans of the borrower that may be eligible 

16 for such plans, based on information avail17 able to the Secretary. 

18 ‘‘(iii) The amount of monthly pay19 ments for the covered and noncovered 

20 loans under the income-based repayment 

21 plan under section 493C(f) and the fixed 

22 repayment plan described in section 493E, 

23 based on information available to the Sec24 retary, including, if the income information 

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1 of the borrower is available to the Sec2 retary under subparagraph (A)— 

3 ‘‘(I) the amount of the monthly 

4 payment under the income-based re5 payment plan under section 493C(f) 

6 and the fixed repayment plan de7 scribed in section 493E for which the 

8 borrower is eligible for the borrower’s 

9 covered and noncovered loans, based 

10 on such income information; and 

11 ‘‘(II) the income, family size, tax 

12 filing status, and tax year information 

13 on which each monthly payment is 

14 based. 

15 ‘‘(iv) Clear and simple instructions on 

16 how to select the repayment plans. 

17 ‘‘(v) An explanation that, in the case 

18 of a borrower for whom adjusted gross in19 come is unavailable— 

20 ‘‘(I) if the borrower selects to 

21 repay the covered loans of such bor22 rower pursuant to the income-based 

23 repayment plan under section 493C(f) 

24 that defines discretionary income in 

25 such a manner that an individual not 

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1 required under section 6012(a)(1) of 

2 the Internal Revenue Code of 1986 to 

3 file a return with respect to income 

4 taxes imposed by subtitle A of such 

5 Code may have a calculated monthly 

6 payment greater than $0, the bor7 rower will be required to provide the 

8 Secretary with other documentation of 

9 income satisfactory to the Secretary, 

10 which documentation the Secretary 

11 may use to determine an appropriate 

12 repayment schedule; and 

13 ‘‘(II) if the borrower selects to 

14 repay such loans pursuant to an in15 come-driven repayment plan that is 

16 not described in subclause (I), the 

17 borrower will not be required to pro18 vide the Secretary with such other 

19 documentation of income, and the bor20 rower will have a calculated monthly 

21 payment of $0. 

22 ‘‘(vi) An explanation that the Sec23 retary shall take the actions under sub24 paragraph (C) with respect to such bor25 rower, if— 

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1 ‘‘(I) the borrower is 120 days de2 linquent on 1 or more covered loans 

3 and has not selected a new repayment 

4 plan for the covered loans of the bor5 rower; and 

6 ‘‘(II) in the case of such a bor7 rower whose repayment plan for the 

8 covered loans of the borrower is not 

9 an income-driven repayment plan de10 scribed in subparagraph (D) or (E) of 

11 paragraph (1), the monthly payments 

12 under such repayment plan are higher 

13 than such monthly payments would be 

14 under the income-based repayment 

15 plan under section 493C(f). 

16 ‘‘(vii) Instructions on updating the in17 formation of the borrower obtained under 

18 subparagraph (A). 

19 ‘‘(C) SECRETARY’S INITIAL SELECTION OF

20 A PLAN.—With respect to each borrower de21 scribed in subparagraph (B) who has a repay22 ment plan for the covered loans of the borrower 

23 that meets the requirements of clause (vi)(II) of 

24 subparagraph (B) and has not selected a new 

25 repayment plan for such loans in accordance 

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1 with the notice received under such subpara2 graph, and who is at least 120 days delinquent 

3 on such a loan, the Secretary shall, as soon as 

4 practicable— 

5 ‘‘(i) provide the borrower with the in6 come-based repayment plan under section 

7 493C(f); and 

8 ‘‘(ii) authorize the borrower to change 

9 the Secretary’s selection of a plan under 

10 this clause to the fixed repayment plan de11 scribed in section 493E. 

12 ‘‘(D) OPT-OUT.—A borrower of a covered 

13 loan shall have the right to opt out of the pro14 cedures under this paragraph. 

15 ‘‘(E) PROCEDURES.—The Secretary shall 

16 establish procedures as are necessary to effec17 tively implement this paragraph. 

18 ‘‘(9) NOTIFICATION AND AUTOMATIC ENROLL19 MENT PROCEDURES FOR BORROWERS WHO ARE RE20 HABILITATING DEFAULTED LOANS.— 

21 ‘‘(A) AUTHORITY TO OBTAIN INCOME IN22 FORMATION.—In the case of any borrower who 

23 is rehabilitating a covered loan pursuant to sec24 tion 428F(a), the Secretary may obtain such in25 formation as is reasonably necessary regarding 

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1 the income and family size of the borrower (and 

2 the borrower’s spouse, if applicable). 

3 ‘‘(B) BORROWER NOTIFICATION.—Not 

4 later than 30 days after a borrower makes the 

5 6th payment required for the loan rehabilitation 

6 described in subparagraph (A), the Secretary 

7 shall notify the borrower of the process under 

8 subparagraph (C) with respect to such loan. 

9 ‘‘(C) SECRETARY’S SELECTION OF PLAN.— 

10 With respect to each borrower who has made 

11 the 9th payment required for the loan rehabili12 tation described in subparagraph (A), the Sec13 retary shall, as soon as practicable after such 

14 payment, provide the borrower with the income15 based repayment plan under section 493C(f), 

16 without regard to whether the loan has been so 

17 rehabilitated. 

18 ‘‘(D) OPT-OUT.—A borrower of a covered 

19 loan shall have the right to opt out of the pro20 cedures under this paragraph. 

21 ‘‘(E) PROCEDURES.—The Secretary shall 

22 establish procedures as are necessary to effec23 tively implement this paragraph. 

24 ‘‘(10) DEFINITIONS.—In this subsection: 

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1 ‘‘(A) COVERED LOAN.—The term ‘covered 

2 loan’ means— 

3 ‘‘(i) a loan made under this part; 

4 ‘‘(ii) a loan purchased under section 

5 459A; or 

6 ‘‘(iii) a loan that has been assigned to 

7 the Secretary under section 428(c)(8) or 

8 part E. 

9 ‘‘(B) NONCOVERED LOAN.—The term 

10 ‘noncovered loan’ means a loan made, insured, 

11 or guaranteed under this title that is not a cov12 ered loan. 

13 ‘‘(11) APPLICATION OF PREPAYMENT

14 AMOUNTS.— 

15 ‘‘(A) REQUIREMENT.—Notwithstanding 

16 any other provision of this subsection or any 

17 other provision of law— 

18 ‘‘(i) with respect to loans made to an 

19 eligible borrower under this part or part B, 

20 which are held by the same holder and 

21 which have different applicable rates of in22 terest, the holder of such loans shall, un23 less otherwise requested by the borrower in 

24 writing, apply the borrower’s prepayment 

25 amount (within the meaning of section 

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1 682.209(b) of title 34, Code of Federal 

2 Regulations, or a successor regulation) for 

3 one or more of such loans, first toward the 

4 outstanding balance of principal due on the 

5 loan with the highest applicable rate of in6 terest among such loans; and 

7 ‘‘(ii) except as provided in clause (i), 

8 with respect to loans made to an eligible 

9 borrower under this part or part B, which 

10 are held by the same holder and which 

11 have the same applicable rates of interest, 

12 the holder of such loans shall, unless other13 wise requested by the borrower in writing, 

14 apply the borrower’s prepayment amount 

15 (within the meaning of section 682.209(b) 

16 of title 34, Code of Federal Regulations, or 

17 a successor regulation) for one or more of 

18 such loans, first toward the outstanding 

19 balance of principal due on the loan with 

20 the highest principal balance among such 

21 loans. 

22 ‘‘(B) ELIGIBLE BORROWER.— 

23 ‘‘(i) IN GENERAL.—For purposes of 

24 this paragraph, the term ‘eligible borrower’ 

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1 ance of fees, including collection costs and 

2 authorized late charges, due on any loan 

3 made under this part or part B. 

4 ‘‘(ii) PREPAYMENT AMOUNTS.—A pre5 payment amount (as described in subpara6 graph (A)) made by a borrower who is not 

7 an eligible borrower to a holder shall be 

8 applied first toward the borrower’s out9 standing balance of fees, including collec10 tion costs and authorized late charges, due 

11 on any loan made under this part or part 

12 B held by such holder.’’. 

13 (d) APPLICATION.—The amendments made by sub14 section (c)(4) shall— 

15 (1) take effect as soon as the Secretary of Edu16 cation determines practicable after the Secretary fi17 nalizes the procedures under section 9004, but not 

18 later than 2 years after the date of enactment of 

19 this Act; and 

20 (2) apply to all borrowers of covered loans (as 

21 defined in section 455(d)(10) of the Higher Edu22 cation Act of 1965, as added by subsection (c)(4)). 

23 (e) MAXIMUM REPAYMENT PERIOD FOR INCOME24 CONTINGENT REPAYMENT.—Section 455(e) of the Higher 

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1 Education Act of 1965 (20 U.S.C. 1087e(e)) is further 

2 amended— 

3 (1) in paragraph (7)(B)— 

4 (A) by striking ‘‘or’’ at the end of clause 

5 (iv); 

6 (B) by striking the period at the end of 

7 clause (v) and inserting a semicolon; and 

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

9 ‘‘(vi) makes payments under the in10 come-based repayment plan under section 

11 493C(f); or 

12 ‘‘(vii) makes payments under the fixed 

13 repayment plan described in section 

14 493E.’’; and 

15 ‘‘(8) ADDITIONAL QUALIFYING REPAYMENT

16 PLANS.—A borrower repaying a loan pursuant to in17 come-contingent repayment under this subsection 

18 may elect at any time to terminate repayment under 

19 such repayment plan and repay such loan under the 

20 income-based repayment plan under section 493C(f) 

21 or the fixed repayment plan described in section 

22 493E.’’. 

23 (f) AUTOMATIC RECERTIFICATION OF INCOME FOR

24 INCOME-DRIVEN REPAYMENT PLANS.—Section 455(e) of 

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1 the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) 

2 is amended— 

3 (1) in paragraph (3)— 

4 (A) by striking ‘‘does not reasonably re5 flect the borrower’s current income’’ and insert6 ing ‘‘whose income has decreased relative to the 

7 adjusted gross income available to the Sec8 retary’’; and 

9 (B) by inserting ‘‘, consistent with the pro10 cedures established under paragraph 

11 (9)(B)(iv)’’ before the period at the end; and 

12 (2) by adding at the end the following: 

13 ‘‘(9) AUTOMATIC RECERTIFICATION.— 

14 ‘‘(A) DEFINITION.—In this paragraph, the 

15 term ‘covered loan’ has the meaning given the 

16 term in subsection (d)(10). 

17 ‘‘(B) IN GENERAL.—Beginning as soon as 

18 the Secretary determines practicable after the 

19 Secretary finalizes the procedures under section 

20 9004 of the College Affordability Act, but not 

21 later than 2 years after the date of enactment 

22 of such Act, the Secretary shall establish and 

23 implement, with respect to any borrower de24 scribed in subparagraph (C), procedures to— 

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1 ‘‘(i) obtain (for each year of repay2 ment and without further action by the 

3 borrower) such information as is reason4 ably necessary regarding the income of 

5 such borrower (and the borrower’s spouse, 

6 if applicable), for the purpose of deter7 mining the repayment obligation of the 

8 borrower for such year, including informa9 tion with respect to the borrower’s family 

10 size in accordance with the procedures 

11 under section 9004 of the College Afford12 ability Act, subject to clause (ii); 

13 ‘‘(ii) allow the borrower, at any time, 

14 to opt out of clause (i) and prevent the 

15 Secretary from obtaining information 

16 under such clause without further action 

17 by the borrower; 

18 ‘‘(iii) provide the borrower with an op19 portunity to update the information ob20 tained under clause (i) before the deter21 mination of the annual repayment obliga22 tion of the borrower; and 

23 ‘‘(iv) in the case of a borrower for 

24 whom adjusted gross income is unavail25 able— 

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1 ‘‘(I) if the borrower has selected 

2 to repay the covered loans of such 

3 borrower pursuant to an income con4 tingent repayment plan that defines 

5 discretionary income in such a man6 ner that an individual not required 

7 under section 6012(a)(1) of the Inter8 nal Revenue Code of 1986 to file a re9 turn with respect to income taxes im10 posed by subtitle A of such Code may 

11 have a calculated monthly payment 

12 greater than $0, the borrower will be 

13 required to provide the Secretary with 

14 other documentation of income satis15 factory to the Secretary, which docu16 mentation the Secretary may use to 

17 determine an appropriate repayment 

18 schedule; or 

19 ‘‘(II) if the borrower has selected 

20 to repay such loans pursuant to an in21 come contingent repayment that is not 

22 described in subclause (I), the bor23 rower will not be required to provide 

24 the Secretary with such other docu25 mentation of income, and the borVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00521 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 rower will have a calculated monthly 

2 payment of $0. 

3 ‘‘(C) APPLICABILITY.—Subparagraph (B) 

4 shall apply to each borrower of a covered loan 

5 who, on or after the date on which the Sec6 retary establishes procedures under such sub7 paragraph, recertifies income and family size 

8 under such plan. 

9 ‘‘(D) OTHER REQUIREMENTS.—The proce10 dures established by the Secretary under this 

11 paragraph shall be consistent with the require12 ments of paragraphs (1) through (7), except as 

13 otherwise provided in this paragraph.’’. 

14 (g) DEFERMENT.—Subparagraph (B) of section 

15 455(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 

16 1087e(f)(1)) is amended to read as follows: 

17 ‘‘(B) in the case of a Federal Direct PLUS 

18 Loan, a Federal Direct Unsubsidized Stafford 

19 Loan, or a Federal Direct Consolidation Loan 

20 not described in subparagraph (A)(ii), begin21 ning on or after the date of enactment of the 

22 College Affordability Act— 

23 ‘‘(i) for a deferment during a period 

24 described in paragraph (2)(A)(i), shall acVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00522 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 crue and be capitalized or paid by the bor2 rower; and 

3 ‘‘(ii) for a deferment during a period 

4 described in subparagraphs (B) through 

5 (D) of paragraph (2), shall accrue but not 

6 be capitalized.’’. 

7 (h) SEPARATING JOINT CONSOLIDATION LOANS.— 

8 Section 455(g) of the Higher Education Act of 1965 (20 

9 U.S.C. 1087e(g)) is amended— 

10 (1) by striking ‘‘A borrower’’ and inserting the 

11 following: 

12 ‘‘(1) IN GENERAL.—A borrower’’; and 

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

14 ‘‘(2) SEPARATING JOINT CONSOLIDATION

15 LOANS.— 

16 ‘‘(A) IN GENERAL.—A married couple, or 

17 2 individuals who were previously a married 

18 couple, and who received a joint consolidation 

19 loan as such married couple under subpara20 graph (C) of section 428C(a)(3) (as such sub21 paragraph was in effect on or before June 30, 

22 2006), may apply to the Secretary for each in23 dividual borrower in the married couple (or pre24 viously married couple) to receive a separate 

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1 Federal Direct Consolidation Loan under this 

2 part— 

3 ‘‘(i) that shall— 

4 ‘‘(I) unless the Secretary receives 

5 notice of an agreement described in 

6 subclause (II)(aa), be equal to the 

7 sum of— 

8 ‘‘(aa) the unpaid principal 

9 and accrued unpaid interest of 

10 the percentage of the joint con11 solidation loan that, as of the day 

12 before such joint consolidation 

13 loan was made, was attributable 

14 to the loans of the individual bor15 rower for whom such separate 

16 consolidation loan is being made; 

17 and 

18 ‘‘(bb) any other loans de19 scribed in section 428C(a)(4) 

20 that such individual borrower se21 lects for consolidation under this 

22 part; or 

23 ‘‘(II) be equal to the sum of— 

24 ‘‘(aa) the unpaid principal 

25 and accrued unpaid interest of 

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1 the percentage of the joint con2 solidation loan that, as of the 

3 date of application under this 

4 paragraph, the married couple 

5 (or previously married couple) 

6 agrees shall be considered attrib7 utable to the loans of the indi8 vidual borrower for whom such 

9 separate consolidation loan is 

10 being made; and 

11 ‘‘(bb) any other loans de12 scribed in section 428C(a)(4) 

13 that such individual borrower se14 lects for consolidation under this 

15 part; 

16 ‘‘(ii) the proceeds of which shall be 

17 paid by the Secretary to the holder or 

18 holders— 

19 ‘‘(I) of the joint consolidation 

20 loan for the purpose of discharging 

21 the liability on the percentage of such 

22 joint consolidation loan described in 

23 subclause (I)(aa) or (II)(aa) of clause 

24 (i); and 

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1 ‘‘(II) of the loans selected for 

2 consolidation under subclause (I)(bb) 

3 or subclause (II)(bb) of clause (i) for 

4 the purpose of discharging the liability 

5 on such loans; 

6 ‘‘(iii) except as otherwise provided in 

7 this paragraph, that has the same terms 

8 and conditions, and rate of interest as the 

9 joint consolidation loan; 

10 ‘‘(iv) for which any payment made 

11 under section 455(m)(1)(A) on the joint 

12 consolidation loan during a period in which 

13 the individual borrower for whom such sep14 arate consolidation loan is being made was 

15 employed in a public service job described 

16 in section 455(m)(1)(B) shall be treated as 

17 if such payment were made on the portion 

18 of the separate consolidation loan described 

19 in clause (i)(I)(aa); and 

20 ‘‘(v) for which any payment made 

21 under any repayment plan described in 

22 section 455(d)(1) on the joint consolidation 

23 loan shall be treated as if such payment 

24 were made on such portion of such sepa25 rate consolidation loan. 

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1 ‘‘(B) APPLICATION FOR SEPARATE DIRECT

2 CONSOLIDATION LOAN.— 

3 ‘‘(i) JOINT APPLICATION.—Except as 

4 provided in clause (ii), to receive separate 

5 consolidation loans under subparagraph 

6 (A), both individual borrowers in a married 

7 couple (or previously married couple) shall 

8 jointly apply under subparagraph (A). 

9 ‘‘(ii) SEPARATE APPLICATION.—An 

10 individual borrower in a married couple (or 

11 previously married couple) may apply for a 

12 separate consolidation loan under subpara13 graph (A) separately and without regard to 

14 whether or when the other individual bor15 rower in the married couple (or previously 

16 married couple) applies under subpara17 graph (A), in a case in which— 

18 ‘‘(I) the individual borrower has 

19 experienced from the other individual 

20 borrower— 

21 ‘‘(aa) domestic violence (as 

22 defined in section 40002(a) of 

23 the Violence Against Women Act 

24 of 1994 (34 U.S.C. 12291(a))); 

25 or 

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1 ‘‘(bb) economic abuse (in2 cluding behaviors that control 

3 such borrower’s ability to ac4 quire, use, and maintain access 

5 to money, credit, or the joint fi6 nancial obligations of both bor7 rowers); 

8 ‘‘(II) the individual borrower cer9 tifies, on a form approved by the Sec10 retary, that such borrower is unable 

11 to reasonably reach or access the loan 

12 information of the other individual 

13 borrower; or 

14 ‘‘(III) the Secretary determines 

15 that authorizing each individual bor16 rower to apply separately under sub17 paragraph (A) would be in the best 

18 fiscal interests of the Federal Govern19 ment. 

20 ‘‘(C) BORROWER ELIGIBILITY.—Notwith21 standing section 428C(a)(3)(A), the Secretary 

22 shall award a consolidation loan under this part 

23 to each borrower who— 

24 ‘‘(i) applies for such loan under sub25 paragraph (A); and 

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1 ‘‘(ii) meets the requirements of sub2 paragraphs (A) and (B). 

3 ‘‘(3) CONSUMER REPORTING AGENCIES.—Upon 

4 obtaining a Federal Direct Consolidation Loan that 

5 discharges the liability on a defaulted loan made, in6 sured, or guaranteed under this title, the Secretary, 

7 guaranty agency, or other holder of the loan shall 

8 request any consumer reporting agency to which the 

9 Secretary, guaranty agency or holder, as applicable, 

10 reported the default of the loan, to remove any ad11 verse item of information relating to a delinquent or 

12 defaulted loan made, insured, or guaranteed under 

13 this title from the borrower’s credit history.’’. 

14 (i) REPEAL OF SUBSIDIZED LOAN USAGE LIMITA15 TION.—Subsection (q) of section 455 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1087e) is repealed. 

17 SEC. 4303. AMENDMENTS TO TERMS AND CONDITIONS OF 

18 PUBLIC SERVICE LOAN FORGIVENESS. 

19 Section 455(m) of the Higher Education Act of 1965 

20 (20 U.S.C. 1087e(m)) is amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraph (A)— 

23 (i) by striking ‘‘or’’ at the end of 

24 clause (iii); 

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1 (ii) in clause (iv), by striking ‘‘and’’; 

2 and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(v) payments under the income-based 

6 repayment plan under section 493C(f); or 

7 ‘‘(vi) payments under the fixed repay8 ment plan described in section 493E; 

9 and’’; and 

10 (B) in subparagraph (B), by striking ‘‘(i) 

11 is employed’’ and all that follows through ‘‘has 

12 been’’ and inserting ‘‘has been’’; 

13 (2) in paragraph (2), by adding at the end the 

14 following: ‘‘In the case of a borrower who meets the 

15 requirements under paragraph (1) for such cancella16 tion, such cancellation shall occur without further 

17 action by the borrower.’’; 

18 (3) by redesignating paragraphs (3) and (4) as 

19 paragraphs (9) and (10), respectively; and 

20 (4) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) TREATMENT OF LOAN REFINANCED

23 UNDER SECTIONS 460A OR 460B.—In the case of an 

24 eligible Federal Direct Loan refinanced under sec25 tion 460A or 460B, any monthly payment pursuant 

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1 to any repayment plan listed in paragraph (1)(A) 

2 made on a loan, for which the liability has been dis3 charged by such refinanced loan and without regard 

4 to whether such loan is an eligible Federal Direct 

5 Loan, shall be treated as a monthly payment under 

6 paragraph (1)(A) on the portion of such refinanced 

7 loan that is attributable to such discharged loan. 

8 ‘‘(4) ON-LINE PORTAL.— 

9 ‘‘(A) BORROWERS.—The Secretary shall 

10 ensure that borrowers have access to an on-line 

11 portal that provides each borrower who signs on 

12 to such portal with the following: 

13 ‘‘(i) Instructions on how to access the 

14 database under paragraph (5) so that the 

15 borrower can determine whether the bor16 rower is employed in a public service job. 

17 ‘‘(ii) An identification of the loans of 

18 the borrower that are eligible Federal Di19 rect Loans. 

20 ‘‘(iii) With respect to each such eligi21 ble Federal Direct Loan, the number of 

22 monthly payments on such loan that qual23 ify as a monthly payment under paragraph 

24 (1)(A), and the estimated number of 

25 monthly payments under paragraph (1)(A) 

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1 remaining on such loan before the bor2 rower may be eligible for loan cancellation 

3 under this subsection. 

4 ‘‘(iv) With respect to each loan of the 

5 borrower that is not eligible for loan can6 cellation under this subsection, an expla7 nation of why the loan is not so eligible 

8 and instructions on how what, if anything, 

9 the borrower may do to make the loan so 

10 eligible. 

11 ‘‘(v) Instructions for the submission of 

12 any forms associated with such loan can13 cellation, and an ability for the borrower to 

14 use the portal to electronically sign and 

15 submit such forms. 

16 ‘‘(vi) In the case of a borrower who 

17 disputes a determination of the Secretary 

18 relating to the entitlement of the borrower 

19 to loan cancellation under paragraph (2)— 

20 ‘‘(I) an ability for the borrower 

21 to file a claim with the Secretary to 

22 dispute such determination through 

23 the portal; and 

24 ‘‘(II) in the case of such a claim 

25 that has been filed, the status of such 

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1 claim, for which updates shall be pro2 vided not fewer than once every 90 

3 days. 

4 ‘‘(B) EMPLOYERS.—The Secretary shall 

5 ensure that an employer of a borrower has the 

6 ability to electronically sign and submit any 

7 forms associated with loan cancellation under 

8 this subsection. 

9 ‘‘(C) INFORMATION.—The Secretary shall 

10 ensure that any information provided through 

11 the on-line portal described in this paragraph is 

12 up-to-date information. 

13 ‘‘(5) DATABASE OF PUBLIC SERVICE JOBS.— 

14 ‘‘(A) IN GENERAL.—The Secretary, in con15 sultation with the Commissioner of the Internal 

16 Revenue Service, shall establish and regularly 

17 update a database that lists public service jobs. 

18 ‘‘(B) PUBLIC AVAILABILITY.—The data19 base established under subparagraph (A) shall 

20 be made available on a publicly accessible 

21 website of the Department in an easily search22 able format.’’; 

23 (5) in paragraph (9), as so redesignated— 

24 (A) in subparagraph (A)— 

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1 (i) by inserting before the period at 

2 the end the following: ‘‘(including any Fed3 eral Direct Stafford Loan, Federal Direct 

4 PLUS Loan, Federal Direct Unsubsidized 

5 Stafford Loan, or Federal Direct Consoli6 dation Loan refinanced under section 

7 460A)’’; 

8 (ii) by striking ‘‘The term’’ and in9 serting the following: 

10 ‘‘(i) IN GENERAL.—The term’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(ii) TREATMENT OF CERTAIN CON14 SOLIDATION LOAN PAYMENTS.—In the 

15 case of an eligible Federal Direct Loan 

16 that is a Federal Direct Consolidation 

17 Loan made on or after the date of enact18 ment of the College Affordability Act, any 

19 monthly payment pursuant to any repay20 ment plan listed in paragraph (1)(A) made 

21 on a loan, for which the liability has been 

22 discharged by the proceeds of such Federal 

23 Direct Consolidation Loan and without re24 gard to whether the loan is an eligible Fed25 eral Direct Loan, shall be treated as a 

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1 monthly payment under paragraph (1)(A) 

2 on the portion of such Federal Direct Con3 solidation Loan that is attributable to such 

4 discharged loan, except that in the case of 

5 a subsequent consolidation loan, for pur6 poses of this clause— 

7 ‘‘(I) any monthly payment made 

8 on the first consolidation loan or any 

9 other loan for which the liability has 

10 been discharged by such subsequent 

11 consolidation loan shall be applicable; 

12 and 

13 ‘‘(II) any monthly payment made 

14 on a loan for which the liability has 

15 been discharged by such first consoli16 dation loan shall not be applicable.’’; 

17 (B) in subparagraph (B)— 

18 (i) in clause (i), by striking ‘‘or’’ at 

19 the end; 

20 (ii) in clause (ii), by striking the pe21 riod at the end and inserting a semicolon; 

22 and 

23 (iii) by adding at the end the fol24 lowing: 

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1 ‘‘(iii) a full-time job as an employee or 

2 manager of a farm or ranch that, with re3 spect to a fiscal year, has earnings of gross 

4 revenue during such year from the sale of 

5 agricultural products equal to or greater 

6 than— 

7 ‘‘(I) in the case of 2019, 

8 $35,000; or 

9 ‘‘(II) in the case of any suc10 ceeding year, the amount applicable 

11 under this subparagraph for the pre12 vious year, increased by the estimated 

13 percentage change in the Consumer 

14 Price Index for the most recent year 

15 preceding such year; or 

16 ‘‘(iv) a full-time job with a veterans or 

17 military service organization as described 

18 in paragraph (19) or (23) of section 501(c) 

19 of the Internal Revenue Code, that does 

20 not engage in partisan political campaign 

21 activity.’’; and 

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

23 ‘‘(C) FULL-TIME JOB AS HEALTH CARE

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1 sionals engaged in health care practitioner occu2 pations’ includes an individual who— 

3 ‘‘(i) has a full-time job as a health 

4 care practitioner; 

5 ‘‘(ii) provides medical services in such 

6 full-time job at a nonprofit or public hos7 pital or other nonprofit or public health 

8 care facility; and 

9 ‘‘(iii) is prohibited from being em10 ployed directly by such hospital or other 

11 health care facility by State law.’’; and 

12 (6) in paragraph (10), as so redesignated, by 

13 striking ‘‘section 428J, 428K, 428L, or 460’’ and 

14 inserting ‘‘section 428K or 428L’’. 

15 SEC. 4304. FEDERAL DIRECT PERKINS LOANS TERMS AND 

16 CONDITIONS. 

17 Part D of title IV of the Higher Education Act of 

18 1965 (20 U.S.C. 1087a et seq.) is amended by inserting 

19 after section 455 the following new section: 

20 ‘‘SEC. 455A. FEDERAL DIRECT PERKINS LOANS. 

21 ‘‘(a) DESIGNATION OF LOANS.—Loans made to bor22 rowers under this section shall be known as ‘Federal Di23 rect Perkins Loans’. 

24 ‘‘(b) IN GENERAL.—It is the purpose of this section 

25 to authorize loans to be awarded by institutions of higher 

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1 education through agreements established under section 

2 463(f). Unless otherwise specified in this section, all terms 

3 and conditions and other requirements applicable to Fed4 eral Direct Unsubsidized Stafford loans established under 

5 section 455(a)(2)(D) shall apply to loans made pursuant 

6 to this section. 

7 ‘‘(c) ELIGIBLE BORROWERS.—Any student meeting 

8 the requirements for student eligibility under section 

9 464(b) (including graduate and professional students as 

10 defined in regulations promulgated by the Secretary) shall 

11 be eligible to borrow a Federal Direct Perkins Loan, pro12 vided the student attends an eligible institution with an 

13 agreement with the Secretary under section 463(f), and 

14 the institution uses its authority under that agreement to 

15 award the student a loan. 

16 ‘‘(d) LOAN LIMITS.—The annual and aggregate lim17 its for loans under this section shall be the same as those 

18 established under section 464, and aggregate limits shall 

19 include loans made by institutions under agreements 

20 under section 463(a). 

21 ‘‘(e) APPLICABLE RATES OF INTEREST.—Loans 

22 made pursuant to this section shall bear interest, on the 

23 unpaid principal balance of the loan, at the rate of 5 per24 cent per year.’’. 

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1 SEC. 4305. COMMON MANUAL FOR LOAN SERVICERS. 

2 Section 456(a)(2) of the Higher Education Act of 

3 1965 (20 U.S.C. 1087f(a)(2)) is amended in the first sen4 tence by inserting before the period at the end the fol5 lowing: ‘‘, including the applicable procedures and policies 

6 described in the manual developed under section 493F’’. 

7 SEC. 4306. REFINANCING FFEL AND FEDERAL DIRECT 

8 LOANS. 

9 Part D of title IV of the Higher Education Act of 

10 1965 (20 U.S.C. 1087a et seq.) is amended by adding at 

11 the end the following: 

12 ‘‘SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT 

13 LOANS. 

14 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

15 program under which the Secretary, upon the receipt of 

16 an application from a qualified borrower, makes a loan 

17 under this part, in accordance with the provisions of this 

18 section, in order to permit the borrower to obtain the in19 terest rate provided under subsection (c). 

20 ‘‘(b) REFINANCING DIRECT LOANS.— 

21 ‘‘(1) FEDERAL DIRECT LOANS.—Upon applica22 tion of a qualified borrower, the Secretary shall 

23 repay a Federal Direct Stafford Loan, a Federal Di24 rect Unsubsidized Stafford Loan, a Federal Direct 

25 PLUS Loan, or a Federal Direct Consolidation 

26 Loan of the qualified borrower, for which the first 

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1 disbursement was made, or the application for the 

2 consolidation loan was received, before July 1, 2020, 

3 with the proceeds of a refinanced Federal Direct 

4 Stafford Loan, a Federal Direct Unsubsidized Staf5 ford Loan, a Federal Direct PLUS Loan, or a Fed6 eral Direct Consolidation Loan, respectively, issued 

7 to the borrower in an amount equal to the sum of 

8 the unpaid principal, accrued unpaid interest, and 

9 late charges of the original loan. 

10 ‘‘(2) REFINANCING FFEL PROGRAM LOANS AS

11 REFINANCED FEDERAL DIRECT LOANS.—Upon ap12 plication of a qualified borrower for any loan that 

13 was made, insured, or guaranteed under part B and 

14 for which the first disbursement was made, or the 

15 application for the consolidation loan was received, 

16 before July 1, 2010, the Secretary shall make a loan 

17 under this part, in an amount equal to the sum of 

18 the unpaid principal, accrued unpaid interest, and 

19 late charges of the original loan to the borrower in 

20 accordance with the following: 

21 ‘‘(A) The Secretary shall pay the proceeds 

22 of such loan to the eligible lender of the loan 

23 made, insured, or guaranteed under part B, in 

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1 maining obligation to the lender with respect to 

2 the original loan. 

3 ‘‘(B) A loan made under this section that 

4 was originally— 

5 ‘‘(i) a loan originally made, insured, 

6 or guaranteed under section 428 shall be a 

7 Federal Direct Stafford Loan; 

8 ‘‘(ii) a loan originally made, insured, 

9 or guaranteed under section 428B shall be 

10 a Federal Direct PLUS Loan; 

11 ‘‘(iii) a loan originally made, insured, 

12 or guaranteed under section 428H shall be 

13 a Federal Direct Unsubsidized Stafford 

14 Loan; and 

15 ‘‘(iv) a loan originally made, insured, 

16 or guaranteed under section 428C shall be 

17 a Federal Direct Consolidation Loan. 

18 ‘‘(C) The interest rate for each loan made 

19 by the Secretary under this paragraph shall be 

20 the rate provided under subsection (c). 

21 ‘‘(c) INTEREST RATES.— 

22 ‘‘(1) IN GENERAL.—The interest rate for the 

23 refinanced Federal Direct Stafford Loans, Federal 

24 Direct Unsubsidized Stafford Loans, Federal Direct 

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1 PLUS Loans, and Federal Direct Consolidation 

2 Loans, shall be a rate equal to— 

3 ‘‘(A) in any case where the original loan 

4 was a loan under section 428 or 428H, a Fed5 eral Direct Stafford loan, or a Federal Direct 

6 Unsubsidized Stafford Loan, that was issued to 

7 an undergraduate student, a rate equal to the 

8 rate for Federal Direct Stafford Loans and 

9 Federal Direct Unsubsidized Stafford Loans 

10 issued to undergraduate students for the 12- 

11 month period beginning on July 1, 2019, and 

12 ending on June 30, 2020; 

13 ‘‘(B) in any case where the original loan 

14 was a loan under section 428 or 428H, a Fed15 eral Direct Stafford Loan, or a Federal Direct 

16 Unsubsidized Stafford Loan, that was issued to 

17 a graduate or professional student, a rate equal 

18 to the rate for Federal Direct Unsubsidized 

19 Stafford Loans issued to graduate or profes20 sional students for the 12-month period begin21 ning on July 1, 2019, and ending on June 30, 

22 2020; 

23 ‘‘(C) in any case where the original loan 

24 was a loan under section 428B or a Federal Di25 rect PLUS Loan, a rate equal to the rate for 

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1 Federal Direct PLUS Loans for the 12-month 

2 period beginning on July 1, 2019, and ending 

3 on June 30, 2020; and 

4 ‘‘(D) in any case where the original loan 

5 was a loan under section 428C or a Federal Di6 rect Consolidation Loan, a rate calculated in ac7 cordance with paragraph (2). 

8 ‘‘(2) INTEREST RATES FOR CONSOLIDATION

9 LOANS.— 

10 ‘‘(A) METHOD OF CALCULATION.—In 

11 order to determine the interest rate for any re12 financed Federal Direct Consolidation Loan 

13 under paragraph (1)(D), the Secretary shall— 

14 ‘‘(i) determine each of the component 

15 loans that were originally consolidated in 

16 the loan under section 428C or the Federal 

17 Direct Consolidation Loan, and calculate 

18 the proportion of the unpaid principal bal19 ance of the loan under section 428C or the 

20 Federal Direct Consolidation Loan that 

21 each component loan represents; 

22 ‘‘(ii) use the proportions determined 

23 in accordance with clause (i) and the inter24 est rate applicable for each component 

25 loan, as determined under subparagraph 

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1 (B), to calculate the weighted average of 

2 the interest rates on the loans consolidated 

3 into the loan under section 428C or the 

4 Federal Direct Consolidation Loan; and 

5 ‘‘(iii) apply the weighted average cal6 culated under clause (ii) as the interest 

7 rate for the refinanced Federal Direct Con8 solidation Loan. 

9 ‘‘(B) INTEREST RATES FOR COMPONENT

10 LOANS.—The interest rates for the component 

11 loans of a loan made under section 428C or a 

12 Federal Direct Consolidation Loan shall be the 

13 following: 

14 ‘‘(i) The interest rate for any loan 

15 under section 428 or 428H, Federal Direct 

16 Stafford Loan, or Federal Direct Unsub17 sidized Stafford Loan issued to an under18 graduate student shall be a rate equal to 

19 the lesser of— 

20 ‘‘(I) the rate for Federal Direct 

21 Stafford Loans and Federal Direct 

22 Unsubsidized Stafford Loans issued 

23 to undergraduate students for the 12- 

24 month period beginning on July 1, 

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1 2019, and ending on June 30, 2020; 

2 or 

3 ‘‘(II) the original interest rate of 

4 the component loan. 

5 ‘‘(ii) The interest rate for any loan 

6 under section 428 or 428H, Federal Direct 

7 Stafford Loan, or Federal Direct Unsub8 sidized Stafford Loan issued to a graduate 

9 or professional student shall be a rate 

10 equal to the lesser of— 

11 ‘‘(I) the rate for Federal Direct 

12 Unsubsidized Stafford Loans issued 

13 to graduate or professional students 

14 for the 12-month period beginning on 

15 July 1, 2019, and ending on June 30, 

16 2020; or 

17 ‘‘(II) the original interest rate of 

18 the component loan. 

19 ‘‘(iii) The interest rate for any loan 

20 under section 428B or Federal Direct 

21 PLUS Loan shall be a rate equal to the 

22 lesser of— 

23 ‘‘(I) the rate for Federal Direct 

24 PLUS Loans for the 12-month period 

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1 beginning on July 1, 2019, and end2 ing on June 30, 2020; or 

3 ‘‘(II) the original interest rate of 

4 the component loan. 

5 ‘‘(iv) The interest rate for any compo6 nent loan that is a loan under section 

7 428C or a Federal Direct Consolidation 

8 Loan shall be the weighted average of the 

9 interest rates that would apply under this 

10 subparagraph for each loan comprising the 

11 component consolidation loan. 

12 ‘‘(v) The interest rate for any eligible 

13 loan that is a component of a loan made 

14 under section 428C or a Federal Direct 

15 Consolidation Loan and is not described in 

16 clauses (i) through (iv) shall be the inter17 est rate on the original component loan. 

18 ‘‘(3) FIXED RATE.—The applicable rate of in19 terest determined under paragraph (1) for a refi20 nanced loan under this section shall be fixed for the 

21 period of the loan. 

22 ‘‘(d) TERMS AND CONDITIONS OF LOANS.— 

23 ‘‘(1) IN GENERAL.—A loan that is refinanced 

24 under this section shall have the same terms and 

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1 conditions as the original loan, except as otherwise 

2 provided in this section. 

3 ‘‘(2) NO AUTOMATIC EXTENSION OF REPAY4 MENT PERIOD.—Refinancing a loan under this sec5 tion shall not result in the extension of the duration 

6 of the repayment period of the loan, and the bor7 rower shall retain the same repayment term that 

8 was in effect on the original loan. Nothing in this 

9 paragraph shall be construed to prevent a borrower 

10 from electing a different repayment plan at any time 

11 in accordance with section 455(d)(4). 

12 ‘‘(e) DEFINITION OF QUALIFIED BORROWER.— 

13 ‘‘(1) IN GENERAL.—For purposes of this sec14 tion, the term ‘qualified borrower’ means a bor15 rower— 

16 ‘‘(A) of a loan under this part or part B 

17 for which the first disbursement was made, or 

18 the application for a consolidation loan was re19 ceived, before July 1, 2020; and 

20 ‘‘(B) who meets the eligibility requirements 

21 based on income or debt-to-income ratio estab22 lished by the Secretary. 

23 ‘‘(2) INCOME REQUIREMENTS.—The Secretary 

24 shall establish eligibility requirements based on in25 come or debt-to-income ratio that take into considerVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 ation providing access to refinancing under this sec2 tion for borrowers with the greatest financial need. 

3 ‘‘(f) NOTIFICATION TO BORROWERS.—The Secretary, 

4 in coordination with the Director of the Bureau of Con5 sumer Financial Protection, shall undertake a campaign 

6 to alert borrowers of loans that are eligible for refinancing 

7 under this section that the borrowers are eligible to apply 

8 for such refinancing. The campaign shall include the fol9 lowing activities: 

10 ‘‘(1) Developing consumer information mate11 rials about the availability of Federal student loan 

12 refinancing. 

13 ‘‘(2) Requiring servicers of loans under this 

14 part or part B to provide such consumer information 

15 to borrowers in a manner determined appropriate by 

16 the Secretary, in consultation with the Director of 

17 the Bureau of Consumer Financial Protection.’’. 

18 SEC. 4307. REFINANCING PRIVATE STUDENT LOANS. 

19 Part D of title IV of the Higher Education Act of 

20 1965 (20 U.S.C. 1087a et seq.) is amended by adding at 

21 the end the following: 

22 ‘‘SEC. 460B. FEDERAL DIRECT REFINANCED PRIVATE LOAN 

23 PROGRAM. 

24 ‘‘(a) DEFINITIONS.—In this section: 

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1 ‘‘(1) ELIGIBLE PRIVATE EDUCATION LOAN.— 

2 The term ‘eligible private education loan’ means a 

3 private education loan, as defined in section 140(a) 

4 of the Truth in Lending Act (15 U.S.C. 1650(a)), 

5 that— 

6 ‘‘(A) was disbursed to the borrower before 

7 July 1, 2020; and 

8 ‘‘(B) was for the borrower’s own postsec9 ondary educational expenses for an eligible pro10 gram at an institution of higher education par11 ticipating in the loan program under this part, 

12 as of the date that the loan was disbursed. 

13 ‘‘(2) FEDERAL DIRECT REFINANCED PRIVATE

14 LOAN.—The term ‘Federal Direct Refinanced Pri15 vate Loan’ means a loan issued under subsection 

16 (b)(1). 

17 ‘‘(3) PRIVATE EDUCATIONAL LENDER.—The 

18 term ‘private educational lender’ has the meaning 

19 given the term in section 140(a) of the Truth in 

20 Lending Act (15 U.S.C. 1650(a)). 

21 ‘‘(4) QUALIFIED BORROWER.—The term ‘quali22 fied borrower’ means an individual who— 

23 ‘‘(A) has an eligible private education loan; 

24 ‘‘(B) has been current on payments on the 

25 eligible private education loan for the 6 months 

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1 prior to the date of the qualified borrower’s ap2 plication for refinancing under this section, and 

3 is in good standing on the loan at the time of 

4 such application; 

5 ‘‘(C) is not in default on the eligible pri6 vate education loan or on any loan made, in7 sured, or guaranteed under this part or part B 

8 or E; and 

9 ‘‘(D) meets the eligibility requirements de10 scribed in subsection (b)(2). 

11 ‘‘(b) PROGRAM AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of the Treasury, shall carry 

14 out a program under which the Secretary, upon ap15 plication by a qualified borrower who has an eligible 

16 private education loan, shall issue such borrower a 

17 loan under this part in accordance with the fol18 lowing: 

19 ‘‘(A) The loan issued under this program 

20 shall be in an amount equal to the sum of the 

21 unpaid principal, accrued unpaid interest, and 

22 late charges of the private education loan. 

23 ‘‘(B) The Secretary shall pay the proceeds 

24 of the loan issued under this program to the 

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1 cation loan, in order to discharge the qualified 

2 borrower from any remaining obligation to the 

3 lender with respect to the original loan. 

4 ‘‘(C) The Secretary shall require that the 

5 qualified borrower undergo loan counseling that 

6 provides all of the information and counseling 

7 required under clause (i) and clauses (iv) 

8 through (xiv) of section 485(b)(1)(A) (as 

9 amended by the College Affordability Act) be10 fore the loan is refinanced in accordance with 

11 this section, and before the proceeds of such 

12 loan are paid to the private educational lender. 

13 ‘‘(D) The Secretary shall issue the loan as 

14 a Federal Direct Refinanced Private Loan, 

15 which shall have the same terms, conditions, 

16 and benefits as a Federal Direct Unsubsidized 

17 Stafford Loan, except as otherwise provided in 

18 this section. 

19 ‘‘(2) BORROWER ELIGIBILITY.—The Secretary, 

20 in consultation with the Secretary of the Treasury 

21 and the Director of the Bureau of Consumer Finan22 cial Protection, shall establish eligibility require23 ments— 

24 ‘‘(A) based on income or debt-to-income 

25 ratio that take into consideration providing acVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00551 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 cess to refinancing under this section for bor2 rowers with the greatest financial need; 

3 ‘‘(B) to ensure eligibility only for bor4 rowers in good standing; 

5 ‘‘(C) to minimize inequities between Fed6 eral Direct Refinanced Private Loans and other 

7 Federal student loans; 

8 ‘‘(D) to preclude windfall profits for pri9 vate educational lenders; and 

10 ‘‘(E) to ensure full access to the program 

11 authorized in this subsection for borrowers with 

12 private loans who otherwise meet the criteria 

13 established in accordance with subparagraphs 

14 (A) and (B). 

15 ‘‘(c) INTEREST RATE.— 

16 ‘‘(1) IN GENERAL.—The interest rate for a 

17 Federal Direct Refinanced Private Loan is— 

18 ‘‘(A) in the case of a Federal Direct Refi19 nanced Private Loan for a private education 

20 loan originally issued for undergraduate post21 secondary educational expenses, a rate equal to 

22 the rate for Federal Direct Stafford Loans and 

23 Federal Direct Unsubsidized Stafford Loans 

24 issued to undergraduate students for the 12- 

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1 month period beginning on July 1, 2019, and 

2 ending on June 30, 2020; and 

3 ‘‘(B) in the case of a Federal Direct Refi4 nanced Private Loan for a private education 

5 loan originally issued for graduate or profes6 sional degree postsecondary educational ex7 penses, a rate equal to the rate for Federal Di8 rect Unsubsidized Stafford Loans issued to 

9 graduate or professional students for the 12- 

10 month period beginning on July 1, 2019, and 

11 ending on June 30, 2020. 

12 ‘‘(2) COMBINED UNDERGRADUATE AND GRAD13 UATE STUDY LOANS.—If a Federal Direct Refi14 nanced Private Loan is for a private education loan 

15 originally issued for both undergraduate and grad16 uate or professional postsecondary educational ex17 penses, the interest rate shall be a rate equal to the 

18 rate for Federal Direct PLUS Loans for the 12- 

19 month period beginning on July 1, 2019, and ending 

20 on June 30, 2020. 

21 ‘‘(3) FIXED RATE.—The applicable rate of in22 terest determined under this subsection for a Fed23 eral Direct Refinanced Private Loan shall be fixed 

24 for the period of the loan. 

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1 ‘‘(d) NO INCLUSION IN AGGREGATE LIMITS.—The 

2 amount of a Federal Direct Refinanced Private Loan, or 

3 a Federal Direct Consolidated Loan to the extent such 

4 loan was used to repay a Federal Direct Refinanced Pri5 vate Loan, shall not be included in calculating a bor6 rower’s annual or aggregate loan limits under section 428 

7 or 428H. 

8 ‘‘(e) NO ELIGIBILITY FOR SERVICE-RELATED RE9 PAYMENT.—A Federal Direct Refinanced Private Loan, or 

10 any Federal Direct Consolidation Loan to the extent such 

11 loan was used to repay a Federal Direct Refinanced Pri12 vate Loan, shall not be eligible for any loan repayment 

13 or loan forgiveness program under section 428K, 428L, 

14 or 460 or for the repayment plan for public service em15 ployees under section 455(m). 

16 ‘‘(f) PRIVATE EDUCATIONAL LENDER REPORTING

17 REQUIREMENT.— 

18 ‘‘(1) REPORTING REQUIRED.—The Secretary, 

19 in consultation with the Secretary of the Treasury 

20 and the Director of the Bureau of Consumer Finan21 cial Protection, shall establish a requirement that 

22 private educational lenders report the data described 

23 in paragraph (2) to the Secretary, to Congress, to 

24 the Secretary of the Treasury, and to the Director 

25 of the Bureau of Consumer Financial Protection, in 

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1 order to allow for an assessment of the private edu2 cation loan market. 

3 ‘‘(2) CONTENTS OF REPORTING.—The data 

4 that private educational lenders shall report in ac5 cordance with paragraph (1) shall include each of 

6 the following about private education loans (as de7 fined in section 140(a) of the Truth in Lending Act 

8 (15 U.S.C. 1650(a))): 

9 ‘‘(A) The total amount of private education 

10 loan debt the lender holds. 

11 ‘‘(B) The total number of private edu12 cation loan borrowers the lender serves. 

13 ‘‘(C) The average interest rate on the out14 standing private education loan debt held by the 

15 lender. 

16 ‘‘(D) The proportion of private education 

17 loan borrowers who are in default on a loan 

18 held by the lender. 

19 ‘‘(E) The proportion of the outstanding 

20 private education loan volume held by the lend21 er that is in default. 

22 ‘‘(F) The proportions of outstanding pri23 vate education loan borrowers who are 30, 60, 

24 and 90 days delinquent. 

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1 ‘‘(G) The proportions of outstanding pri2 vate education loan volume that is 30, 60, and 

3 90 days delinquent. 

4 ‘‘(g) NOTIFICATION TO BORROWERS.—The Sec5 retary, in coordination with the Secretary of the Treasury 

6 and the Director of the Bureau of Consumer Financial 

7 Protection, shall undertake a campaign to alert borrowers 

8 about the availability of private student loan refinancing 

9 under this section.’’. 

10 PART E—FEDERAL PERKINS LOANS 

11 SEC. 4401. AUTHORIZATION OF APPROPRIATIONS FOR PER12 KINS LOAN. 

13 Section 461(b) of the Higher Education Act of 1965 

14 (20 U.S.C. 1087aa(b)) is amended— 

15 (1) by striking ‘‘(1) IN GENERAL.—’’; 

16 (2) by striking paragraphs (2) and (3); and 

17 (3) by redesignating subparagraphs (A), (B), 

18 and (C) as paragraphs (1), (2), and (3), respectively. 

19 SEC. 4402. ALLOCATION OF FUNDS FOR PERKINS LOAN. 

20 Section 462 of the Higher Education Act of 1965 (20 

21 U.S.C. 1087bb) is amended— 

22 (1) in subsection (a)(1), by striking ‘‘From’’ 

23 and inserting ‘‘For any fiscal year before fiscal year 

24 2021, from’’; and 

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1 (2) in subsection (i)(1), by striking ‘‘for any fis2 cal year,’’ and inserting ‘‘for any fiscal year before 

3 fiscal year 2021,’’. 

4 SEC. 4403. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 

5 Part E of title IV of the Higher Education Act of 

6 1965 (20 U.S.C. 1087aa et seq.) is amended by inserting 

7 after section 462 the following: 

8 ‘‘SEC. 462A. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 

9 ‘‘(a) PURPOSES.—The purposes of this section are— 

10 ‘‘(1) to allocate, among eligible and partici11 pating institutions (as such terms are defined in this 

12 section), the authority to make Federal Direct Per13 kins Loans under section 455A with a portion of the 

14 annual loan authority described in subsection (b)(1); 

15 and 

16 ‘‘(2) to make funds available, in accordance 

17 with section 452, to each participating institution 

18 from a portion of the annual loan authority de19 scribed in subsection (b), in an amount not to exceed 

20 the sum of an institution’s allocation of funds under 

21 subparagraph (B) of subsection (b)(1) to enable 

22 each such institution to make Federal Direct Per23 kins Loans to eligible students at the institution. 

24 ‘‘(b) AVAILABLE DIRECT PERKINS ANNUAL LOAN

25 AUTHORITY.— 

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1 ‘‘(1) AVAILABILITY AND ALLOCATIONS.— 

2 ‘‘(A) IN GENERAL.—There are hereby 

3 made available, from funds made available for 

4 loans made under part D, not to exceed 

5 $2,400,000,000 of annual loan authority for 

6 award year 2021–2022 and each succeeding 

7 award year, to be allocated as provided in sub8 paragraph (B). 

9 ‘‘(B) ALLOCATION FORMULA.—Except as 

10 provided in paragraphs (3), (4), and (5), for 

11 each award year, the Secretary shall allocate an 

12 amount to each participating institution that is 

13 equal to— 

14 ‘‘(i) 100 percent of the institutional 

15 undergraduate student need (as deter16 mined under subparagraph (C)) for the 

17 preceding award year; and 

18 ‘‘(ii) 25 percent of the institutional 

19 graduate student need (as determined 

20 under subparagraph (D)) for the preceding 

21 award year. 

22 ‘‘(C) INSTITUTIONAL UNDERGRADUATE

23 STUDENT NEED CALCULATION.—The institu24 tional undergraduate student need for a particiVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00558 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 pating institution for an award year shall be 

2 equal to the sum of the following: 

3 ‘‘(i) An amount equal to 50 percent of 

4 the amount that bears the same proportion 

5 to the amount made available under sub6 paragraph (A) for such award year as the 

7 total amount of Federal Pell Grant funds 

8 awarded at the participating institution for 

9 the preceding award year bears to the total 

10 amount of Federal Pell Grant funds 

11 awarded at all participating institutions for 

12 the preceding award year. 

13 ‘‘(ii) An amount equal to 50 percent 

14 of the amount that bears the same propor15 tion to the amount made available under 

16 subparagraph (A) for such award year as 

17 the total amount of the undergraduate stu18 dent need at the participating institution 

19 for the preceding award year bears to the 

20 total amount of undergraduate student 

21 need at all participating institutions for 

22 the preceding award year. 

23 ‘‘(D) INSTITUTIONAL GRADUATE STUDENT

24 NEED CALCULATION.—The institutional grad25 uate student need for a participating institution 

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1 for an award year shall be equal to the amount 

2 that bears the same proportion to the amount 

3 made available under subparagraph (A) for 

4 such award year as the total amount of the 

5 graduate student need at the participating in6 stitution for the preceding award year bears to 

7 the total amount of graduate student need at 

8 all participating institutions for the preceding 

9 award year. 

10 ‘‘(2) NO FUNDS TO NON-PARTICIPATING INSTI11 TUTIONS.—The Secretary shall not make funds 

12 available under this subsection to any eligible insti13 tution that is not a participating institution. 

14 ‘‘(3) REQUIRED MINIMUM AMOUNT.—In no case 

15 shall the sum of a participating institution’s alloca16 tion of loan authority computed under paragraph 

17 (1)(B) be less than the average of the institution’s 

18 total principal amount of loans made under this part 

19 for each of the academic years 2012–2013 through 

20 2016–2017. 

21 ‘‘(4) ADDITIONAL ADJUSTMENTS.—If the Sec22 retary determines that the sum of a participating in23 stitution’s allocation of loan authority under para24 graph (1)(B) is below the minimum amount required 

25 under paragraph (3), the Secretary shall— 

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1 ‘‘(A) for each participating institution for 

2 which the minimum amount under paragraph 

3 (3) is not satisfied, increase the amount of such 

4 sum to the amount of the required minimum 

5 under such paragraph; and 

6 ‘‘(B) ratably reduce the amount of the sum 

7 of such loan authority of all participating insti8 tutions not described in subparagraph (A). 

9 ‘‘(5) ESTIMATING THE YEAR PRECEDING THE

10 FIRST YEAR OF ALLOCATIONS.—For award year 

11 2021–2022, in calculating an institution’s under12 graduate student need under paragraph (1)(C) and 

13 an institution’s graduate student need under para14 graph (1)(D), the Secretary may estimate the data 

15 with respect to the preceding award year required to 

16 make such calculations. 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) ANNUAL LOAN AUTHORITY.—The term 

19 ‘annual loan authority’ means the total original prin20 cipal amount of loans that may be allocated and 

21 made available for an award year to make Federal 

22 Direct Perkins Loans under section 455A. 

23 ‘‘(2) AVERAGE COST OF ATTENDANCE.—The 

24 term ‘average cost of attendance’ has the meaning 

25 given the term in section 4202(e)(5)(B). 

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1 ‘‘(3) GRADUATE STUDENT NEED.—The term 

2 ‘graduate student need’ means, with respect to a 

3 graduate student for an award year, the lesser of the 

4 following: 

5 ‘‘(A) The amount equal to (except the 

6 amount computed by this subparagraph shall 

7 not be less than zero)— 

8 ‘‘(i) the average cost of attendance for 

9 the preceding award year, minus 

10 ‘‘(ii) such graduate student’s expected 

11 family contribution (computed in accord12 ance with part F of this title) for the pre13 ceding award year. 

14 ‘‘(B) The total annual loan limit for a 

15 Federal Direct Unsubsidized Stafford Loan. 

16 ‘‘(4) UNDERGRADUATE STUDENT NEED.—The 

17 term ‘undergraduate student need’ means, with re18 spect to an undergraduate student for an award 

19 year, the lesser of the following: 

20 ‘‘(A) The total of the amount equal to (ex21 cept the amount computed by this clause shall 

22 not be less than zero)— 

23 ‘‘(i) the average cost of attendance for 

24 the award year, minus 

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1 ‘‘(ii) such undergraduate student’s ex2 pected family contribution (computed in 

3 accordance with part F of this title) for 

4 the preceding award year. 

5 ‘‘(B) The total loan annual limit for a 

6 Federal Direct Unsubsidized Stafford Loan and 

7 a Federal Direct Loan. 

8 ‘‘(5) ELIGIBLE INSTITUTION.—The term ‘eligi9 ble institution’ means an institution of higher edu10 cation that participates in the Federal Direct Staf11 ford Loan Program. 

12 ‘‘(6) PARTICIPATING INSTITUTION.—The term 

13 ‘participating institution’ means an institution of 

14 higher education that has an agreement under sec15 tion 463(f).’’. 

16 SEC. 4404. AGREEMENTS WITH INSTITUTIONS OF HIGHER 

17 EDUCATION FOR PURPOSES OF THE PERKINS 

18 LOAN PROGRAM. 

19 (a) AMENDMENTS.—Section 463 of the Higher Edu20 cation Act (20 U.S.C. 1087cc) is amended— 

21 (1) in subsection (a)— 

22 (A) in the heading, by inserting ‘‘FOR

23 LOANS MADE BEFORE JULY 1, 2021’’ after 

24 ‘‘AGREEMENTS’’; 

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1 (B) in paragraph (3)(A), by inserting ‘‘be2 fore July 1, 2021’’ after ‘‘students’’; 

3 (C) in paragraph (4), by striking ‘‘there4 on—’’ and all that follows and inserting ‘‘there5 on, if the institution has failed to maintain an 

6 acceptable collection record with respect to such 

7 loan, as determined by the Secretary in accord8 ance with criteria established by regulation, the 

9 Secretary may require the institution to assign 

10 such note or agreement to the Secretary, with11 out recompense;’’; and 

12 (D) in paragraph (5), by striking ‘‘and the 

13 Secretary shall apportion’’ and all that follows 

14 through ‘‘in accordance with section 462’’ and 

15 inserting ‘‘and the Secretary shall return a por16 tion of funds from loan repayments to the insti17 tution as specified in section 466(b)’’; 

18 (2) by amending subsection (b) to read as fol19 lows: 

20 ‘‘(b) ADMINISTRATIVE EXPENSES.—An institution 

21 that has entered into an agreement under subsection (a) 

22 shall be entitled, for each fiscal year during which it serv23 ices student loans from a student loan fund established 

24 under such agreement, to a payment in lieu of reimburse25 ment for its expenses in servicing student loans made beVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00564 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 fore July 1, 2021. Such payment shall be equal to 0.50 

2 percent of the outstanding principal and interest balance 

3 of such loans being serviced by the institution as of Sep4 tember 30 of each fiscal year.’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(f) CONTENTS OF AGREEMENTS FOR LOANS MADE

7 ON OR AFTER JULY 1, 2021.—An agreement with any 

8 institution of higher education that elects to participate 

9 in the Federal Direct Perkins Loan program under section 

10 455A shall provide— 

11 ‘‘(1) for the establishment and maintenance of 

12 a Direct Perkins Loan program at the institution 

13 under which the institution shall use loan authority 

14 allocated under section 462A to make loans to eligi15 ble students attending the institution; 

16 ‘‘(2) that the institution, unless otherwise speci17 fied in this subsection, shall operate the program 

18 consistent with the requirements of agreements es19 tablished under section 454; and 

20 ‘‘(3) that if the institution ceases to be eligible 

21 to receive Federal loans under this title based on 

22 loss of eligibility under section 435(a), as amended, 

23 due to a high adjusted cohort default rate, the Sec24 retary shall suspend or terminate the institution’s 

25 eligibility to make Federal Direct Perkins Loans 

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1 under section 455A unless and until the institution 

2 would qualify for a resumption of eligible institution 

3 status under such section.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 paragraph (2) of subsection (a) shall take effect on Octo6 ber 1, 2021. 

7 SEC. 4405. STUDENT LOAN INFORMATION BY ELIGIBLE IN8 STITUTIONS FOR PURPOSES OF THE PERKINS 

9 LOAN PROGRAM. 

10 Section 463A of the Higher Education Act of 1965 

11 (20 U.S.C. 1087cc–1) is amended— 

12 (1) in subsection (a), by striking ‘‘Each institu13 tion’’ and inserting ‘‘For loans made before July 1, 

14 2021, each institution’’; and 

15 (2) in subsection (b), by striking ‘‘Each institu16 tion’’ and inserting ‘‘For loans made before July 1, 

17 2021, each institution’’. 

18 SEC. 4406. TERMS OF LOANS FOR PURPOSES OF THE PER19 KINS LOAN PROGRAM. 

20 Section 464 of the Higher Education Act of 1965 (20 

21 U.S.C. 1087dd) is amended— 

22 (1) in subsection (a)(1), by striking ‘‘section 

23 463’’ and inserting ‘‘section 463(a)’’; 

24 (2) in subsection (b)(1), by inserting ‘‘made be25 fore July 1, 2021,’’ after ‘‘A loan’’; 

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1 (3) in subsection (c)— 

2 (A) in paragraph (1), by inserting ‘‘made 

3 before July 1, 2021,’’ after ‘‘a loan’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by inserting 

6 ‘‘made before July 1, 2021,’’ after ‘‘any 

7 loan’’; and 

8 (ii) in subparagraph (B), by inserting 

9 ‘‘made before July 1, 2021,’’ after ‘‘any 

10 loan’’; 

11 (C) in paragraph (3)(B), by inserting ‘‘for 

12 a loan made before July 1, 2021,’’ after ‘‘Sec13 retary, the repayment period’’; 

14 (D) in paragraph (4), by inserting ‘‘before 

15 July 1, 2021,’’ after ‘‘for a loan made’’; 

16 (E) in paragraph (5), by striking ‘‘The in17 stitution’’ and inserting ‘‘For loans made before 

18 July 1, 2021, the institution’’; and 

19 (F) in paragraph (6), by inserting ‘‘made 

20 before July 1, 2021,’’ after ‘‘of loans’’; 

21 (4) in subsection (d), by inserting ‘‘made before 

22 July 1, 2021,’’ before ‘‘from the student loan fund’’; 

23 (5) in subsection (e), by inserting ‘‘with respect 

24 to loans made before July 1, 2021, and’’ before ‘‘as 

25 documented in accordance with paragraph (2),’’; 

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1 (6) in subsection (g)(1), by inserting ‘‘and be2 fore July 1, 2021,’’ after ‘‘January 1, 1986,’’; 

3 (7) in subsection (h)— 

4 (A) in paragraph (1)(A) by inserting ‘‘be5 fore July 1, 2021,’’ after ‘‘made under this 

6 part’’; and 

7 (B) in paragraph (2), by inserting ‘‘before 

8 July 1, 2021,’’ after ‘‘under this part’’; and 

9 (8) in subsection (j)(1), by inserting ‘‘before 

10 July 1, 2021,’’ after ‘‘under this part’’. 

11 SEC. 4407. REIMBURSEMENT FOR CANCELLATION OF PER12 KINS LOANS FOR CERTAIN PUBLIC SERVICE. 

13 Section 465 of the Higher Education Act of 1965 (20 

14 U.S.C. 1087ee) is amended— 

15 (1) in subsection (a), by inserting ‘‘and before 

16 July 1, 2021,’’ after ‘‘June 30, 1972,’’; and 

17 (2) by amending subsection (b) to read as fol18 lows: 

19 ‘‘(b) REIMBURSEMENT FOR CANCELLATIONS.— 

20 ‘‘(1) ASSIGNED LOANS.—In the case of loans 

21 made under this part before July 1, 2021, and that 

22 are assigned to the Secretary, the Secretary shall, 

23 from amounts repaid each quarter on assigned Per24 kins Loans made before July 1, 2021, pay to each 

25 institution for each quarter an amount equal to— 

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1 ‘‘(A) the aggregate of the amounts of loans 

2 from its student loan fund that are canceled 

3 pursuant to this section for such quarter, minus 

4 ‘‘(B) an amount equal to the aggregate of 

5 the amounts of any such loans so canceled that 

6 were made from Federal capital contributions 

7 to its student loan fund. 

8 ‘‘(2) RETAINED LOANS.—In the case of loans 

9 made under this part before July 1, 2021, and that 

10 are retained by the institution for servicing, the in11 stitution shall deduct from loan repayments owed to 

12 the Secretary under section 466, an amount equal 

13 to— 

14 ‘‘(A) the aggregate of the amounts of loans 

15 from its student loan fund that are canceled 

16 pursuant to this section for such quarter, minus 

17 ‘‘(B) an amount equal to the aggregate of 

18 the amounts of any such loans so canceled that 

19 were made from Federal capital contributions 

20 to its student loan fund.’’. 

21 SEC. 4408. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 

22 FUNDS FOR PURPOSES OF THE PERKINS 

23 LOAN PROGRAM. 

24 Section 466 of the Higher Education Act of 1965 (20 

25 U.S.C. 1087ff) is amended to read as follows: 

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1 ‘‘SEC. 466. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 

2 FUNDS. 

3 ‘‘(a) CAPITAL DISTRIBUTION.—Beginning July 1, 

4 2021, there shall be a capital distribution of the balance 

5 of the student loan fund established under this part by 

6 each institution of higher education as follows: 

7 ‘‘(1) For the quarter beginning July 1, 2021, 

8 the Secretary shall first be paid, no later than Sep9 tember 30, 2021, an amount that bears the same 

10 ratio to the cash balance in such fund at the close 

11 of June 30, 2021, as the total amount of the Fed12 eral capital contributions to such fund by the Sec13 retary under this part bears to— 

14 ‘‘(A) the sum of such Federal contribu15 tions and the institution’s capital contributions 

16 to such fund, less 

17 ‘‘(B) an amount equal to— 

18 ‘‘(i) the institution’s outstanding ad19 ministrative costs as calculated under sec20 tion 463(b); 

21 ‘‘(ii) outstanding charges assessed 

22 under section 464(c)(1)(H); and 

23 ‘‘(iii) outstanding loan cancellation 

24 costs incurred under section 465. 

25 ‘‘(2) At the end of each quarter subsequent to 

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1 retary shall first be paid an amount that bears the 

2 same ratio to the cash balance in such fund at the 

3 close of the preceding quarter, as the total amount 

4 of the Federal capital contributions to such fund by 

5 the Secretary under this part bears to— 

6 ‘‘(A) the sum of such Federal contribu7 tions and the institution’s capital contributions 

8 to such fund, less 

9 ‘‘(B) an amount equal to— 

10 ‘‘(i) the institution’s administrative 

11 costs incurred for that quarter as cal12 culated under section 463(b); 

13 ‘‘(ii) charges assessed for that quarter 

14 under section 464(c)(1)(H); and 

15 ‘‘(iii) loan cancellation costs incurred 

16 for that quarter under section 465. 

17 ‘‘(3)(A) The Secretary shall calculate the 

18 amounts due to the Secretary under paragraph (1) 

19 (adjusted in accordance with subparagraph (B), as 

20 appropriate) and paragraph (2) and shall promptly 

21 inform the institution of such calculated amounts. 

22 ‘‘(B) In the event that, prior to the date of en23 actment of the College Affordability Act, an institu24 tion made a short-term, interest-free loan to the in25 stitution’s student loan fund established under this 

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1 part in anticipation of collections or receipt of Fed2 eral capital contributions, and the institution dem3 onstrates to the Secretary, on or before June 30, 

4 2021, that such loan will still be outstanding after 

5 June 30, 2021, the Secretary shall subtract the 

6 amount of such outstanding loan from the cash bal7 ance of the institution’s student loan fund that is 

8 used to calculate the amount due to the Secretary 

9 under paragraph (1). An adjustment of an amount 

10 due to the Secretary under this subparagraph shall 

11 be made by the Secretary on a case-by-case basis. 

12 ‘‘(4) Any remaining balance at the end of a 

13 quarter after a payment under paragraph (1) or (2) 

14 shall be retained by the institution for use at its dis15 cretion. Any balance so retained shall be withdrawn 

16 from the student loan fund and shall not be counted 

17 in calculating amounts owed to the Secretary for 

18 subsequent quarters. 

19 ‘‘(5) Each institution shall make the quarterly 

20 payments to the Secretary described in paragraph 

21 (2) until all outstanding Federal Perkins Loans at 

22 that institution have been assigned to the Secretary 

23 and there are no funds remaining in the institution’s 

24 student loan fund. 

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1 ‘‘(6) In the event that the institution’s adminis2 trative costs, charges, and cancellation costs de3 scribed in paragraph (2) for a quarter exceed the 

4 amount owed to the Secretary under paragraphs (1) 

5 and (2) for that quarter, no payment shall be due 

6 to the Secretary from the institution for that quarter 

7 and the Secretary shall pay the institution, from 

8 funds realized from the collection of assigned Fed9 eral Perkins Loans made before July 1, 2021, an 

10 amount that, when combined with the amount re11 tained by the institution under paragraphs (1) and 

12 (2), equals the full amount of such administrative 

13 costs, charges, and cancellation costs. 

14 ‘‘(b) ASSIGNMENT OF OUTSTANDING LOANS.—Be15 ginning July 1, 2021, an institution of higher education 

16 may assign all outstanding loans made under this part be17 fore July 1, 2021, to the Secretary, consistent with the 

18 requirements of section 463(a)(5). In collecting loans so 

19 assigned, the Secretary shall pay an institution an amount 

20 that constitutes the same fraction of such collections as 

21 the fraction of the cash balance that the institution retains 

22 under subsection (a)(2), but determining such fraction 

23 without regard to subparagraph (B)(i) of such sub24 section.’’. 

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1 PART F—NEED ANALYSIS 

2 SEC. 4501. CONFORMING AMENDMENT TO FAMILY CON3 TRIBUTION. 

4 Section 473(b) of the Higher Education Act of 1965 

5 (20 U.S.C. 1087mm) is amended— 

6 (1) in paragraph (1), by striking ‘‘academic 

7 year’’ and inserting ‘‘award year’’; and 

8 (2) in paragraph (2)— 

9 (A) by striking ‘‘academic year’’ each place 

10 it appears and inserting ‘‘award year’’; and 

11 (B) by striking ‘‘academic years’’ and in12 serting ‘‘award years’’. 

13 SEC. 4502. AMENDMENTS TO DATA ELEMENTS WHEN DE14 TERMINING THE EXPECTED FAMILY CON15 TRIBUTION. 

16 Section 474(b) of the Higher Education Act of 1965 

17 (20 U.S.C. 1087nn(b)) is amended in paragraph (4), by 

18 inserting before ‘‘the net’’ the following: ‘‘only in the case 

19 of a pathway three applicant,’’. 

20 SEC. 4503. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

21 DEPENDENT STUDENTS. 

22 (a) DEPENDENT STUDENTS.—Section 475 of the 

23 Higher Education Act of 1965 (20 U.S.C. 1087oo) is 

24 amended— 

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1 (1) in subsection (a)(3), by inserting before 

2 ‘‘the student’’ the following: ‘‘only in the case of a 

3 pathway three applicant,’’; 

4 (2) in subsection (b)(1)(B), by inserting before 

5 ‘‘the parents’’ the following: ‘‘only in the case of a 

6 pathway three applicant,’’; and 

7 (3) in subsection (b)(3), by striking ‘‘award pe8 riod’’ and inserting ‘‘award year’’. 

9 (b) INCREASING SUPPORT FOR WORKING DEPEND10 ENT STUDENTS.—Section 475(g)(2)(D) of the Higher 

11 Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is 

12 amended to read as follows: 

13 ‘‘(D) an income protection allowance (or a 

14 successor amount prescribed by the Secretary 

15 under section 478) of $9,230 for award year 

16 2021–2022;’’. 

17 SEC. 4504. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

18 INDEPENDENT STUDENTS WITHOUT DEPEND19 ENTS OTHER THAN A SPOUSE. 

20 (a) INDEPENDENT STUDENTS WITHOUT DEPEND21 ENTS OTHER THAN A SPOUSE.—Section 476(a)(1)(B) of 

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

23 1087pp(a)(1)(B)) is amended by inserting before ‘‘the 

24 family’s contribution’’ the following: ‘‘only in the case of 

25 a pathway three applicant,’’. 

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1 (b) INCREASING SUPPORT FOR WORKING INDE2 PENDENT STUDENTS WITHOUT DEPENDENTS OTHER

3 THAN A SPOUSE.—Section 476 of the Higher Education 

4 Act of 1965 (20 U.S.C. 1087pp) is further amended— 

5 (1) in subsection (a)(2), by striking ‘‘award pe6 riod’’ and inserting ‘‘award year’’; and 

7 (2) by amending subsection (b)(1)(A)(iv) to 

8 read as follows: 

9 ‘‘(iv) an income protection allowance 

10 (or a successor amount prescribed by the 

11 Secretary under section 478)— 

12 ‘‘(I) for single or separated stu13 dents, or married students where both 

14 are enrolled pursuant to subsection 

15 (a)(2), of $14,360 for award year 

16 2021–2022; and 

17 ‘‘(II) for married students where 

18 1 is enrolled pursuant to subsection 

19 (a)(2), of $23,030 for award year 

20 2021–2022;’’. 

21 SEC. 4505. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

22 INDEPENDENT STUDENTS WITH DEPEND23 ENTS OTHER THAN A SPOUSE. 

24 (a) INDEPENDENT STUDENTS WITH DEPENDENTS

25 OTHER THAN A SPOUSE.—Section 477(a)(1)(B) of the 

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1 Higher Education Act of 1965 (20 U.S.C. 

2 1087qq(a)(1)(B)) is amended by inserting before ‘‘the 

3 family’s contribution’’ the following: ‘‘only in the case of 

4 a pathway three applicant,’’. 

5 (b) INCREASING SUPPORT FOR WORKING INDE6 PENDENT STUDENTS WITH DEPENDENTS OTHER THAN

7 A SPOUSE.—Section 477 of the Higher Education Act of 

8 1965 (20 U.S.C. 1087qq) is amended— 

9 (1) in subsection (a)(3), by striking ‘‘award pe10 riod’’ and inserting ‘‘award year’’; and 

11 (2) by amending subsection (b)(4) to read as 

12 follows: 

13 ‘‘(4) INCOME PROTECTION ALLOWANCE.—The 

14 income protection allowance is determined by the fol15 lowing table (or a successor table prescribed by the 

16 Secretary under section 478), for award year 2021– 

17 2022: 

‘‘Income Protection Allowance 

Family 

Size 

Number in College 

(including 

student) 

1 2 3 4 5 

For each 

additional 

subtract: 

2 $36,370 $30,160 $6,180

3 45,290 39,100 $32,890 

4 55,920 49,720 43,540 $37,300 

5 65,990 59,750 53,570 47,360 $41,180 

6 77,170 70,960 64,790 58,540 52,350 

For each 

additional 

add: 8,710 ’’. 

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1 SEC. 4506. INSTITUTIONAL CALCULATIONS FOR OFF-CAM2 PUS ROOM AND BOARD. 

3 (a) AUTHORITY TO PRESCRIBE REGULATIONS.—Sec4 tion 478(a) of the Higher Education Act of 1965 (20 

5 U.S.C. 1087rr(a)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘or’’ at the end of subpara8 graph (A); 

9 (B) by striking the period at the end of 

10 subparagraph (B) and inserting ‘‘; or’’; and 

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

12 ‘‘(C) to prescribe— 

13 ‘‘(i) one methodology that institutions 

14 of higher education (other than institutions 

15 that receive a waiver under clause (ii)) 

16 shall use, or a selection of two or more 

17 methodologies from which such institutions 

18 shall select and use a methodology, to de19 termine the allowance for room and board 

20 costs incurred by students described in 

21 subparagraph (A) of section 472(3) and by 

22 students described in subparagraph (D) of 

23 such section, which shall— 

24 ‘‘(I) ensure that each such allow25 ance determination is sufficient to 

26 cover reasonable room and board costs 

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1 incurred by the students for whom 

2 such allowance is being determined; 

3 and 

4 ‘‘(II) include the sources of infor5 mation that institutions shall use in 

6 making each such allowance deter7 mination; and 

8 ‘‘(ii) a process for granting institu9 tions of higher education a waiver from the 

10 requirements of clause (i), including— 

11 ‘‘(I) a requirement that each in12 stitution of higher education seeking 

13 such a waiver submit to the Sec14 retary— 

15 ‘‘(aa) a description of the 

16 methodology that the institution 

17 will use for each allowance deter18 mination described in clause (i); 

19 ‘‘(bb) an assurance that 

20 each such allowance determina21 tion meets the requirements of 

22 clause (i)(I); and 

23 ‘‘(cc) a demonstration that 

24 the institution will use reliable 

25 sources of information for each 

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1 such allowance determination; 

2 and 

3 ‘‘(II) a requirement that each in4 stitution of higher education that re5 ceives such a waiver publicly disclose 

6 on the website of the institution the 

7 methodology and sources of informa8 tion used by the institution for each 

9 allowance determination described in 

10 clause (i).’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(3) Any regulation proposed by the Secretary 

13 under paragraph (1)(C) of this subsection shall not 

14 be subject to the requirements of paragraph (2).’’. 

15 (b) REQUIREMENT TO PRESCRIBE REGULATIONS.— 

16 Not later than 18 months after the date of enactment of 

17 this Act, the Secretary of Education shall issue regulations 

18 that meet the requirements of subparagraph (C) of section 

19 478(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 

20 1087rr(a)(1)), as added by subsection (a). 

21 SEC. 4507. UPDATED TABLES AND AMOUNTS TO NEED 

22 ANALYSIS. 

23 Section 478 of the Higher Education Act of 1965 (20 

24 U.S.C. 1087rr) is further amended— 

25 (1) in subsection (b)— 

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1 (A) in paragraph (1), by striking subpara2 graphs (A) and (B) and inserting the following: 

3 ‘‘(A) IN GENERAL.—For each award year 

4 after award year 2021–2022, the Secretary 

5 shall publish in the Federal Register a revised 

6 table of income protection allowances for the 

7 purpose of sections 475(c)(4) and 477(b)(4), 

8 subject to subparagraphs (B) and (C). 

9 ‘‘(B) TABLE FOR INDEPENDENT STU10 DENTS.—For each award year after award year 

11 2021–2022, the Secretary shall develop the re12 vised table of income protection allowances by 

13 increasing each of the dollar amounts contained 

14 in the table of income protection allowances 

15 under section 477(b)(4) by a percentage equal 

16 to the estimated percentage increase in the 

17 Consumer Price Index (as determined by the 

18 Secretary for the most recent calendar year 

19 ending prior to the beginning of the award year 

20 for which the determination is being made), and 

21 rounding the result to the nearest $10.’’; and 

22 (B) in paragraph (2)— 

23 (i) in the first sentence, by striking 

24 ‘‘academic year after academic year 2007– 

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1 2008’’ and inserting ‘‘award year after 

2 award year 2021–2022’’; and 

3 (ii) in the second sentence, by striking 

4 ‘‘shall be developed’’ and all that follows 

5 through the period at the end and insert6 ing ‘‘shall be developed for each award 

7 year after award year 2021–2022, by in8 creasing each of the dollar amounts con9 tained in such section for award year 

10 2021–2022 by a percentage equal to the 

11 estimated percentage increase in the Con12 sumer Price Index (as determined by the 

13 Secretary for the most recent calendar 

14 year ending prior to the beginning of the 

15 award year for which the determination is 

16 being made), and rounding the result to 

17 the nearest $10.’’; and 

18 (2) in subsection (e)(1), by striking ‘‘academic 

19 year’’ and inserting ‘‘award year’’. 

20 SEC. 4508. ZERO EXPECTED FAMILY CONTRIBUTION. 

21 Section 479 of the Higher Education Act of 1965 (20 

22 U.S.C. 1087ss) is amended to read as follows: 

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1 ‘‘SEC. 479. ZERO EXPECTED FAMILY CONTRIBUTION. 

2 ‘‘(a) IN GENERAL.—The Secretary shall consider an 

3 applicant to have an expected family contribution equal 

4 to zero if— 

5 ‘‘(1) in the case of a dependent student— 

6 ‘‘(A)(i) the student’s parents are not re7 quired to file— 

8 ‘‘(I) a Federal income tax return; or 

9 ‘‘(II) with respect to Internal Revenue 

10 Service Form 1040, any of the following 

11 forms: Schedule A, Schedule B, Schedule 

12 C, Schedule C–EZ, Schedule D, Schedule 

13 E, Schedule F, Schedule H, Schedule J, 

14 and Schedule SE; and 

15 ‘‘(ii) the sum of the adjusted gross income 

16 of the parents is less than or equal to $34,000; 

17 or 

18 ‘‘(B) the student’s parents, or the student, 

19 received a benefit at some time during the pre20 vious 24-month period under a means-tested 

21 Federal benefit program; 

22 ‘‘(2) in the case of an independent student 

23 without regard to whether the student has depend24 ents other than a spouse— 

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1 ‘‘(A)(i) the student (and the student’s 

2 spouse, if any) certifies that the student (and 

3 the student’s spouse, if any)— 

4 ‘‘(I) is not required to file a Federal 

5 income tax return; or 

6 ‘‘(II) with respect to Internal Revenue 

7 Service Form 1040, any of the following 

8 forms: Schedule A, Schedule B, Schedule 

9 C, Schedule C–EZ, Schedule D, Schedule 

10 E, Schedule F, Schedule H, Schedule J, 

11 and Schedule SE; and 

12 ‘‘(ii) the sum of the adjusted gross income 

13 of the student and spouse (if appropriate) is 

14 less than or equal to $34,000; or 

15 ‘‘(B) the student received a benefit at some 

16 time during the previous 24-month period 

17 under a means-tested Federal benefit program; 

18 or 

19 ‘‘(3) the applicant is a pathway one applicant 

20 under section 483(a)(13). 

21 ‘‘(b) EARNED INCOME CREDIT.—An individual is not 

22 required to qualify or file for the earned income credit in 

23 order to be eligible under this section. 

24 ‘‘(c) ADJUSTMENTS.—The Secretary shall annually 

25 adjust the income level necessary to qualify an applicant 

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1 for the zero expected family contribution. The income level 

2 shall be annually increased by the estimated percentage 

3 change in the Consumer Price Index, as defined in section 

4 478(f), for the most recent calendar year ending prior to 

5 the beginning of an award year, and rounded to the near6 est $1,000. 

7 ‘‘(d) MEANS-TESTED FEDERAL BENEFIT PROGRAM

8 DEFINED.—For purposes of this title, a ‘means-tested 

9 Federal benefit program’ means a mandatory spending 

10 program of the Federal Government, other than a pro11 gram under this title, in which eligibility for the program’s 

12 benefits, or the amount of such benefits, are determined 

13 on the basis of income or resources of the individual or 

14 family seeking the benefit, and may include such programs 

15 as— 

16 ‘‘(1) the supplemental security income program 

17 under title XVI of the Social Security Act (42 

18 U.S.C. 1381 et seq.); 

19 ‘‘(2) the supplemental nutrition assistance pro20 gram under the Food and Nutrition Act of 2008 (7 

21 U.S.C. 2011 et seq.), a nutrition assistance program 

22 carried out under section 19 of such Act (7 U.S.C. 

23 2028), and a supplemental nutrition assistance pro24 gram carried out under section 1841(c) of title 48 

25 of the United States Code; 

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1 ‘‘(3) the program of block grants for States for 

2 temporary assistance for needy families established 

3 under part A of title IV of the Social Security Act 

4 (42 U.S.C. 601 et seq.); 

5 ‘‘(4) the special supplemental nutrition program 

6 for women, infants, and children established by sec7 tion 17 of the Child Nutrition Act of 1966 (42 

8 U.S.C. 1786); 

9 ‘‘(5) the State Medicaid program under title 

10 XIX of the Social Security Act (42 U.S.C. 1396 et 

11 seq.); and 

12 ‘‘(6) any other program identified by the Sec13 retary.’’. 

14 SEC. 4509. AMENDMENTS TO DEFINITIONS IN NEED ANAL15 YSIS. 

16 (a) USING DATA FROM THE SECOND PRECEDING

17 YEAR.—Section 480(a)(1)(B) of the Higher Education 

18 Act of 1965 (20 U.S.C. 1087vv(a)(1)(B)) is amended by 

19 striking ‘‘may’’ in both places it appears and inserting 

20 ‘‘shall’’. 

21 (b) CHANGES TO UNTAXED INCOME AND BENE22 FITS.—Section 480(b) of the Higher Education Act of 

23 1965 (20 U.S.C. 1087vv(b)) is amended— 

24 (1) in paragraph (1), to read as follows: 

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1 ‘‘(1) The term ‘untaxed income and benefits’ 

2 means— 

3 ‘‘(A) child support received; 

4 ‘‘(B) untaxed portion of pensions; 

5 ‘‘(C) payments to individual retirement ac6 counts and Keogh accounts excluded from in7 come for Federal income tax purposes; and 

8 ‘‘(D) cash support or any money paid on 

9 the student’s behalf, except, for dependent stu10 dents, funds provided by the student’s par11 ents.’’; and 

12 (2) in paragraph (2)— 

13 (A) by striking ‘‘or’’ at the end of subpara14 graph (E); 

15 (B) by striking the period at the end of 

16 subparagraph (F) and inserting a semicolon; 

17 and 

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

19 ‘‘(G) worker’s compensation; 

20 ‘‘(H) veteran’s benefits such as death pen21 sion, dependency, or indemnity compensation, 

22 or veterans’ education benefits as defined in 

23 subsection (c); 

24 ‘‘(I) interest on tax-free bonds; 

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1 ‘‘(J) housing, food, or other allowances (in2 cluding rent subsidies for low-income housing) 

3 for military, clergy, and others (including cash 

4 payments and cash value of benefits), or the 

5 value of on-base military housing or the value 

6 of basic allowance for housing determined under 

7 section 403(b) of title 37, United States Code, 

8 received by the parents, in the case of a de9 pendent student, or the student or student’s 

10 spouse, in the case of an independent student; 

11 or 

12 ‘‘(K) any other untaxed income and bene13 fits, such as Black Lung Benefits, Refugee As14 sistance, or railroad retirement benefits, or ben15 efits received through participation in employ16 ment and training activities under title I of the 

17 Workforce Innovation and Opportunity Act (29 

18 U.S.C. 3111 et seq.).’’. 

19 (c) AMENDMENT TO THE DEFINITION OF INDE20 PENDENT STUDENT AS IT RELATES TO FOSTER AND

21 HOMELESS YOUTH.—Section 480(d)(1)(H) of the Higher 

22 Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is 

23 amended— 

24 (1) in the matter preceding clause (i)— 

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1 (A) by striking ‘‘during the school year in 

2 which the application is submitted’’; 

3 (B) by inserting ‘‘age 23 or younger’’ after 

4 ‘‘unaccompanied youth’’; and 

5 (C) by striking ‘‘terms are’’ and inserting 

6 ‘‘term is’’; 

7 (2) in clause (i), by inserting ‘‘, or a designee 

8 of the liaison’’ after ‘‘Act’’; 

9 (3) in clause (ii), by striking ‘‘a program fund10 ed under the Runaway and Homeless Youth Act’’ 

11 and inserting ‘‘an emergency or transitional shelter, 

12 street outreach program, homeless youths drop-in 

13 center, or other program serving homeless youths,’’; 

14 and 

15 (4) in clause (iii), by striking ‘‘program funded 

16 under subtitle B of title IV of the McKinney-Vento 

17 Homeless Assistance Act (relating to emergency 

18 shelter grants)’’ and inserting ‘‘Federal TRIO pro19 gram or a Gaining Early Awareness and Readiness 

20 for Undergraduate program under chapter 1 or 2 of 

21 subpart 2 of part A,’’. 

22 (d) STREAMLINING THE DETERMINATION AND

23 VERIFICATION PROCESS FOR FOSTER AND HOMELESS

24 YOUTH.—Section 480(d) of the Higher Education Act of 

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1 1965 (20 U.S.C. 1087vv(d)) is further amended by adding 

2 at the end the following: 

3 ‘‘(3) SIMPLIFYING THE DETERMINATION PROC4 ESS FOR UNACCOMPANIED YOUTH.— 

5 ‘‘(A) VERIFICATION.—A financial aid ad6 ministrator shall accept a determination of 

7 independence made by any individual author8 ized to make such determinations under clause 

9 (i), (ii), or (iii) of paragraph (1)(H) in the ab10 sence of conflicting information. A documented 

11 phone call with, or a written statement from, 

12 one of the authorized individuals is sufficient 

13 verification when needed. For purposes of this 

14 paragraph, a financial aid administrator’s dis15 agreement with the determination made by an 

16 authorized individual shall not be considered 

17 conflicting information. 

18 ‘‘(B) DETERMINATION OF INDEPEND19 ENCE.—A financial aid administrator shall 

20 make a determination of independence under 

21 paragraph (1)(H) if a student does not have, 

22 and cannot obtain, documentation from any of 

23 the other designated authorities described in 

24 such paragraph. Such a determination shall 

25 be— 

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1 ‘‘(i) based on the definitions outlined 

2 in paragraph (1)(H); 

3 ‘‘(ii) distinct from a determination of 

4 independence under paragraph (1)(I); 

5 ‘‘(iii) based on a documented inter6 view with the student; and 

7 ‘‘(iv) limited to whether the student 

8 meets the definitions in paragraph (1)(H) 

9 and not about the reasons for the student’s 

10 homelessness. 

11 ‘‘(C) ADDITIONAL STREAMLINING PER12 MITTED.—Nothing in this paragraph prohibits 

13 an institution from implementing polices that— 

14 ‘‘(i) streamline the determination of 

15 independence under paragraph (1)(H); and 

16 ‘‘(ii) improve a student’s access to fi17 nancial aid because that student is an un18 accompanied youth. 

19 ‘‘(4) SIMPLIFYING THE VERIFICATION PROCESS

20 FOR FOSTER CARE YOUTH.— 

21 ‘‘(A) VERIFICATION OF INDEPENDENCE.— 

22 If an institution requires documentation to 

23 verify that a student is independent based on a 

24 status described in paragraph (1)(B), a finanVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00591 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 cial aid administrator shall consider any of the 

2 following as adequate verification: 

3 ‘‘(i) Submission of a court order or of4 ficial State documentation that the student 

5 received Federal or State support in foster 

6 care. 

7 ‘‘(ii) A documented phone call with, a 

8 written statement from, or verifiable data 

9 match with— 

10 ‘‘(I) a child welfare agency au11 thorized by a State or county; 

12 ‘‘(II) a Tribal child welfare au13 thority; 

14 ‘‘(III) an Independent Living 

15 case worker; 

16 ‘‘(IV) a public or private foster 

17 care placing agency or foster care fa18 cility or placement; 

19 ‘‘(V) another program serving or20 phans, foster care youth, or wards of 

21 the court; or 

22 ‘‘(VI) a probation officer. 

23 ‘‘(iii) A documented phone call with, 

24 or a written statement from, an attorney, 

25 a guardian ad litem, or a Court Appointed 

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1 Special Advocate, documenting that per2 son’s relationship to the student. 

3 ‘‘(iv) A documented phone call with, 

4 or a written statement from, a representa5 tive of a Federal TRIO program or a 

6 Gaining Early Awareness and Readiness 

7 for Undergraduate program under chapter 

8 1 or 2 of subpart 2 of part A. 

9 ‘‘(v) Verification of the student’s eligi10 bility for an education and training vouch11 er under the John H. Chafee Foster Care 

12 Independence Program (42 U.S.C. 677). 

13 ‘‘(vi) Documentation of foster care 

14 provided pursuant to section 475(5)(I) of 

15 the Social Security Act (45 U.S.C. 

16 675(5)(I)). 

17 ‘‘(vii) Submission of a copy of the stu18 dent’s biological or adoptive parents’ or 

19 legal guardians’— 

20 ‘‘(I) Certificates of Death; or 

21 ‘‘(II) verifiable obituaries. 

22 ‘‘(viii) An attestation from the stu23 dent, which includes a description of why 

24 the student may qualify for a status de25 scribed in paragraph (1)(B), including the 

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1 approximate dates that the student was in 

2 foster care, dependent, or a ward of the 

3 court, to the best of the student’s knowl4 edge after making reasonable efforts to 

5 provide any requested documentation. 

6 ‘‘(B) ADDITIONAL STREAMLINING PER7 MITTED.—Nothing in this paragraph prohibits 

8 an institution from implementing polices that 

9 streamline the determination of independent 

10 status and improve a student’s access to finan11 cial aid because that student is an orphan, in 

12 foster care, or a ward of the court, or was an 

13 orphan, in foster care, or a ward of the court 

14 at any time since such student was 13 years of 

15 age or older. 

16 ‘‘(5) TIMING; USE OF EARLIER DETERMINA17 TION.— 

18 ‘‘(A) TIMING.—A determination under 

19 subparagraph (B) or (H) of paragraph (1) for 

20 a student— 

21 ‘‘(i) shall be made as quickly as prac22 ticable; 

23 ‘‘(ii) may be made as early as the year 

24 before the award year for which the stu25 dent initially submits an application; and 

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1 ‘‘(iii) shall be made no later than dur2 ing the award year for which the student 

3 initially submits an application. 

4 ‘‘(B) USE OF EARLIER DETERMINATION.— 

5 Any student who is determined to be inde6 pendent under subparagraph (B) or (H) of 

7 paragraph (1) for a preceding award year at an 

8 institution shall be presumed to be independent 

9 for each subsequent award year at the same in10 stitution unless— 

11 ‘‘(i) the student informs the institu12 tion that circumstances have changed; or 

13 ‘‘(ii) the institution has specific con14 flicting information about the student’s 

15 independence, and has informed the stu16 dent of this information and the oppor17 tunity to challenge such information 

18 through a documented interview or an im19 partial review by the Borrower Advocate 

20 pursuant to section 141(f)(6)(C). 

21 ‘‘(6) RETENTION OF DOCUMENTS.—A financial 

22 aid administrator shall retain all documents related 

23 to the determination of independence under subpara24 graph (B) or (H) of paragraph (1), including docu25 mented interviews, for the duration of the student’s 

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1 enrollment at the institution and for a minimum of 

2 1 year after the student is no longer enrolled at the 

3 institution.’’. 

4 (e) EXCLUDABLE INCOME.—Section 480(e) of the 

5 Higher Education Act of 1965 (20 U.S.C. 1087vv(e)) is 

6 amended by striking paragraph (5) and inserting the fol7 lowing: 

8 ‘‘(5) payments made and services provided 

9 under part E of title IV of the Social Security Act 

10 to or on behalf of any child or youth over whom the 

11 State agency has responsibility for placement, care, 

12 or supervision, including the value of vouchers for 

13 education and training and amounts expended for 

14 room and board for youth who are not in foster care 

15 but are receiving services under section 477 of such 

16 Act; and’’. 

17 PART G—GENERAL PROVISIONS RELATING TO 

18 STUDENT ASSISTANCE PROGRAMS 

19 SEC. 4601. DEFINITION OF ELIGIBLE PROGRAM. 

20 (a) ELIGIBLE PROGRAM.—Section 481(b) of the 

21 Higher Education Act of 1965 (20 U.S.C. 1088(b))— 

22 (1) in paragraph (1)(A)(i), by striking ‘‘profes23 sion’’ and inserting ‘‘occupation’’; 

24 (2) in paragraph (2)— 

25 (A) in subparagraph (A)— 

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1 (i) by redesignating clause (iii) as 

2 clause (vi); and 

3 (ii) by inserting after clause (ii) the 

4 following: 

5 ‘‘(iii) has a verified annual earnings rate 

6 among individuals who completed the program, 

7 as determined under subparagraph (D), that is 

8 not less than the average or median annual 

9 earnings rate of individuals with only a high 

10 school diploma (or the equivalent) based on the 

11 most recently available data from the Bureau of 

12 Labor Statistics or the Bureau of the Census 

13 with respect to— 

14 ‘‘(I) such average or median earnings 

15 rate in the United States; or 

16 ‘‘(II) subject to subparagraph (E), 

17 such average or median earnings rate in 

18 the State or local area in which the institu19 tion offering the program is located; 

20 ‘‘(iv) prepares students for gainful employ21 ment in a recognized occupation; 

22 ‘‘(v) has been in operation for not less 

23 than two consecutive years; and’’; and 

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

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1 ‘‘(C)(i) For each subsequent year for which a 

2 program seeks eligibility under this paragraph, the 

3 Secretary shall reevaluate whether the program con4 tinues to meet the requirements of clauses (i), (iii), 

5 (iv), and (vi) of subparagraph (A). A program that 

6 does not meet such requirements for two consecutive 

7 award years (or, in the case of a program that does 

8 not meet the requirements under subparagraph 

9 (A)(iv), for a period of time determined by the Sec10 retary) shall be ineligible to participate in programs 

11 under this title— 

12 ‘‘(I) for the period of two award years fol13 lowing the last award year for which the pro14 gram was eligible to participate in such pro15 grams; and 

16 ‘‘(II) for any subsequent award year, un17 less the program reapplies for eligibility in ac18 cordance with clause (iii) and the Secretary de19 termines that the program meets the require20 ments of such clauses. 

21 ‘‘(ii) Not later than 60 days after receiving no22 tification from the Secretary of the loss of eligibility 

23 under clause (i), a program may appeal a loss of eli24 gibility to the Secretary. The Secretary may restore 

25 the eligibility of a program under this paragraph if 

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1 the program demonstrates to the Secretary that ex2 tenuating circumstances led to the loss of eligibility. 

3 ‘‘(iii) The Secretary shall issue a decision on 

4 any appeal submitted by a program under clause (ii) 

5 not later than 45 days after its submission. 

6 ‘‘(iv) After the expiration of the two-year period 

7 described in clause (i)(I), a program that lost eligi8 bility under clause (i) may reapply to the Secretary 

9 for a determination of eligibility under this para10 graph. 

11 ‘‘(D)(i) In this subsection, the term ‘verified an12 nual earnings rate’ means the mean or median an13 nual earnings rate (whichever is higher) of individ14 uals who completed a program calculated as of the 

15 date that is approximately one year after the date on 

16 which such individuals completed the program. 

17 ‘‘(ii) For the first year for which a program 

18 seeks eligibility under this paragraph, the institution 

19 that offers such program shall— 

20 ‘‘(I) determine the verified annual earnings 

21 rate using data obtained on individuals who 

22 completed the program; 

23 ‘‘(II) obtain an audit of such determination 

24 from an independent auditor; 

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1 ‘‘(III) together with the auditor described 

2 in subclause (II), certify the accuracy of the 

3 verified annual earnings rate to the Secretary; 

4 and 

5 ‘‘(IV) determine the completion rate for 

6 the program, as described in subparagraph 

7 (A)(i), and certify to the Secretary the accuracy 

8 of such determination. 

9 ‘‘(iii) For each subsequent year for which a pro10 gram seeks eligibility under this paragraph, the Sec11 retary shall determine the verified annual earnings 

12 rate and completion rate for the program using data 

13 made available to the Secretary through the postsec14 ondary student data system established under sec15 tion 132(l) or a successor system (whichever in16 cludes the most recent data). 

17 ‘‘(E)(i) Except as provided in clause (ii), for 

18 purposes of calculating the average annual earnings 

19 rate of individuals with only a high school diploma 

20 (or the equivalent) under subparagraph (A)(ii) the 

21 Secretary shall apply the national average or median 

22 earnings rate in the United States. 

23 ‘‘(ii) The Secretary may apply the average or 

24 median earnings rate in the State or local area in 

25 which the institution offering a program is located, 

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1 in lieu of the national average earnings rate, if the 

2 institution provides sufficient justification to the 

3 Secretary. 

4 ‘‘(F) Using the postsecondary student data sys5 tem established under section 132(l) or a successor 

6 system to streamline reporting requirements and 

7 minimize reporting burdens, and in coordination 

8 with the National Center for Education Statistics 

9 and each institution of higher education offering an 

10 eligible program under this paragraph, the Secretary 

11 shall, on at least an annual basis, collect data with 

12 respect to each such eligible program, including the 

13 following: 

14 ‘‘(i) The number and demographics of stu15 dents who enroll in the program. 

16 ‘‘(ii) The number of credits attempted and 

17 accumulated annually by students enrolled in 

18 the program. 

19 ‘‘(iii) The share of such students who cease 

20 enrollment on or before the completion of 60 

21 percent of the payment period or period of en22 rollment. 

23 ‘‘(iv) The verified completion rate for the 

24 program, as described in subparagraph (A)(i). 

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1 ‘‘(v) The mean and median annual earn2 ings of graduates and the verified annual earn3 ings rate for the program, as described in sub4 paragraph (A)(ii). 

5 ‘‘(vi) The number and demographics of 

6 students who complete the program. 

7 ‘‘(vii) The outcomes of the students who 

8 complete the program, including— 

9 ‘‘(I) the share of such students who 

10 continue enrollment at the institution of 

11 higher education offering the program; 

12 ‘‘(II) the share of such students who 

13 transfer to another institution of higher 

14 education; 

15 ‘‘(III) the share of such students who 

16 complete a subsequent certificate or degree 

17 program; 

18 ‘‘(IV) the share of such students who 

19 secure employment 6 months and 1 year, 

20 respectively— 

21 ‘‘(aa) after completion of such 

22 program; or 

23 ‘‘(bb) in the case of a program 

24 that prepares students for a profes25 sional license or certification exam, 

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1 after acquiring such license or certifi2 cation; and 

3 ‘‘(V) in the case of a program that 

4 prepares students for a professional license 

5 or certification exam, the share of such 

6 students who pass such exam.’’; and 

7 (3) in paragraph (4), by inserting ‘‘or in addi8 tion to’’ after ‘‘in lieu of’’. 

9 (b) REPORT.—Not later than 3 years after the date 

10 of enactment of this Act, the Secretary of Education 

11 shall— 

12 (1) submit to the Committee on Education and 

13 Labor of the House of Representatives and the Com14 mittee on Health, Education, Labor, and Pensions 

15 of the Senate a report on the impact of eligible pro16 grams described in section 481(b)(2) of the Higher 

17 Education Act of 1965 (20 U.S.C. 1088(b)(2)), as 

18 amended by this Act, based on the most recent data 

19 collected under subparagraph (F) of such section; 

20 and 

21 (2) make the report described in paragraph (1) 

22 publicly available on the website of the Department 

23 of Education. 

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1 SEC. 4602. DEFINITION OF THIRD PARTY SERVICER. 

2 Section 481(c) of the Higher Education Act of 1965 

3 (20 U.S.C. 1088(c)) is amended— 

4 (1) in paragraph (1), by striking ‘‘or’’ at the 

5 end; 

6 (2) by redesignating paragraph (2) as para7 graph (3); and 

8 (3) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) any eligible institution of higher education 

11 to recruit students; or’’. 

12 SEC. 4603. FAFSA SIMPLIFICATION. 

13 Section 483 of the Higher Education Act of 1965 (20 

14 U.S.C. 1090) is amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (2)— 

17 (i) in subparagraph (A), by striking 

18 ‘‘process’’ and all that follows through the 

19 end of clause (ii) and inserting ‘‘process a 

20 paper version of the forms described in 

21 this subsection, in accordance with sub22 paragraph (B).’’; 

23 (ii) by striking subparagraph (B); 

24 (iii) by redesignating subparagraph 

25 (C) as subparagraph (B); and 

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1 (iv) in subparagraph (B), as so redes2 ignated, by striking ‘‘subparagraphs (A) 

3 and (B)’’ and inserting ‘‘subparagraph 

4 (A)’’; 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A), by striking 

7 the end sentence; 

8 (ii) by striking subparagraph (B), and 

9 redesignating subparagraphs (C) through 

10 (H) as subparagraphs (B) through (G), re11 spectively; 

12 (iii) in subparagraph (D), as so redes13 ignated— 

14 (I) by striking ‘‘The Secretary’’ 

15 and inserting the following: 

16 ‘‘(i) IN GENERAL.—The Secretary’’; 

17 and 

18 (II) by adding at the end the fol19 lowing: 

20 ‘‘(ii) SCHOLARSHIP GRANTING ORGA21 NIZATIONS.— 

22 ‘‘(I) AUTHORIZATION.—An insti23 tution of higher education may, with 

24 explicit written consent of an appli25 cant who has completed a form develVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 oped under this section, provide such 

2 information collected from such form 

3 as is necessary to an organization de4 scribed in subclause (II) that is des5 ignated by the applicant to assist the 

6 applicant in applying for and receiving 

7 financial assistance for any component 

8 of the applicant’s cost of attendance 

9 at that institution. 

10 ‘‘(II) DEFINITION OF ORGANIZA11 TION.—An organization described in 

12 this subclause— 

13 ‘‘(aa) means a scholarship 

14 granting organization, including 

15 a tribal organization (defined in 

16 section 4 of the Indian Self-De17 termination and Education As18 sistance Act (25 U.S.C. 5304)) 

19 or an organization assisting an 

20 applicant in applying for and re21 ceiving Federal, State, local, or 

22 tribal assistance; and 

23 ‘‘(bb) shall be subject to the 

24 requirements of clause (i).’’; and 

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1 (iv) in subparagraph (E), as so redes2 ignated, by striking ‘‘subparagraph (G)’’ 

3 and inserting ‘‘subparagraph (F)’’; 

4 (C) in paragraph (4)— 

5 (i) by striking ‘‘academic year’’ each 

6 place it appears and inserting ‘‘award 

7 year’’; 

8 (ii) in subparagraph (A), by striking 

9 clause (iv); and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(C) SINGLE QUESTION REGARDING

13 HOMELESS STATUS.—The Secretary shall en14 sure that, on each form developed under this 

15 section for which the information is applicable, 

16 there is a single, easily understood screening 

17 question to identify an applicant for aid who 

18 is— 

19 ‘‘(i) an unaccompanied homeless child 

20 or youth (as such term is defined in sec21 tion 725 of the McKinney-Vento Homeless 

22 Assistance Act); or 

23 ‘‘(ii) an unaccompanied youth who is 

24 self-supporting and at risk of homeless25 ness. 

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1 ‘‘(D) INCARCERATED INDIVIDUALS.— 

2 ‘‘(i) IN GENERAL.—The Secretary 

3 shall streamline the forms and processes 

4 for an incarcerated individual (as defined 

5 in section 401(n)(4)) to apply for a Fed6 eral Pell Grant under section 401, which— 

7 ‘‘(I) shall be used to determine 

8 the expected family contribution for 

9 such individual as of the date of en10 rollment in the course for which the 

11 individual is applying for such Federal 

12 Pell Grant; and 

13 ‘‘(II) may include— 

14 ‘‘(aa) flexibility in the sub15 mission of any required docu16 mentation required to verify eligi17 bility for a Federal Pell Grant; 

18 and 

19 ‘‘(bb) assistance in rehabili20 tating loans under section 428F. 

21 ‘‘(ii) REPORT.—Not later than 1 year 

22 after the date of enactment of the College 

23 Affordability Act, the Secretary shall sub24 mit to the Committee on Education and 

25 Labor of the House of Representatives and 

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1 the Committee on Health, Education, 

2 Labor, and Pensions of the Senate, and 

3 make publicly available on the website of 

4 the Department, a report on how the 

5 forms and processes are being streamlined 

6 under clause (i).’’; 

7 (D) in paragraph (5)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘paragraphs (2)(B)(iii), (3)(B), and 

10 (4)(A)(ii)’’ and inserting ‘‘paragraph 

11 (4)(A)(ii)’’; 

12 (ii) in subparagraph (B)— 

13 (I) by striking ‘‘determine’’ and 

14 all that follows through ‘‘which’’ and 

15 inserting ‘‘determine which’’; and 

16 (II) by striking clause (ii); 

17 (iii) in subparagraph (C), by striking 

18 ‘‘Beginning’’ and all that follows through 

19 ‘‘of the State-specific’’ and inserting ‘‘The 

20 Secretary shall publish on an annual basis 

21 a notice in the Federal Register requiring 

22 State agencies to inform the Secretary of 

23 the State-specific’’; and 

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1 (iv) by striking subparagraphs (D) 

2 through (F), and redesignating subpara3 graph (G) as subparagraph (D); and 

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

5 ‘‘(13) FAFSA PATHWAYS.— 

6 ‘‘(A) MEMORANDUM OF UNDER7 STANDING.—Not later than the effective date of 

8 the College Affordability Act, the Secretary 

9 shall seek to enter into a Memorandum of Un10 derstanding with the Secretary of Health and 

11 Human Services, the Secretary of Agriculture, 

12 and the Secretary of the Treasury, under which 

13 any information exchanged under an income 

14 and eligibility verification system established 

15 pursuant to section 1137 of the Social Security 

16 Act by State agencies administering a program 

17 listed in paragraph (1), (4), or (5) of subsection 

18 (b) of such section which may be of use in es19 tablishing or verifying eligibility or benefit 

20 amounts under such program shall be made 

21 available to the Secretary of Education to assist 

22 in determining whether the applicant (or, in the 

23 case of a dependent applicant, whether the ap24 plicant or the applicant’s parents) received a 

25 benefit at some time during the previous 24- 

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1 month period under a means-tested Federal 

2 benefit program, but subject to the require3 ments of Federal law. 

4 ‘‘(B) REQUIREMENT FOR ALL APPLICANTS

5 AND THE SECRETARY.—For any award year for 

6 which an applicant applies for financial assist7 ance under this title (except for any award year 

8 for which, pursuant to paragraph (14), the ap9 plicant is not required to submit a FAFSA)— 

10 ‘‘(i) the applicant shall provide on the 

11 form described in this subsection whether 

12 the applicant received (or, in the case of a 

13 dependent applicant, whether the applicant 

14 or the parents of the applicant received) a 

15 benefit at some time during the previous 

16 24-month period under a means-tested 

17 Federal benefit program; and 

18 ‘‘(ii) the Secretary, to the extent prac19 ticable and pursuant to the Memorandum 

20 of Understanding entered into under sub21 paragraph (A), and without any further 

22 action by the applicant, shall verify the ap23 plicant’s (or, in the case of a dependent 

24 applicant, the applicant’s or the applicant’s 

25 parents’) receipt of such benefit. 

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1 ‘‘(C) PATHWAY ONE APPLICANTS.— 

2 ‘‘(i) IN GENERAL.—With respect to an 

3 applicant who received (or, in the case of 

4 a dependent applicant, an applicant who 

5 received or whose parents received) a ben6 efit at some time during the previous 24- 

7 month period under a means-tested Fed8 eral benefit program, the applicant shall 

9 not be required to provide any further in10 come or asset information on the form 

11 under this subsection. 

12 ‘‘(ii) DESIGNATION.—For purposes of 

13 this section and part F, an applicant de14 scribed in clause (i) shall be referred to as 

15 a ‘pathway one applicant’. 

16 ‘‘(D) PATHWAY TWO APPLICANTS.— 

17 ‘‘(i) IN GENERAL.—With respect to an 

18 applicant who is not a pathway one appli19 cant and who is described in clause (ii), 

20 the Secretary, to the extent practicable, 

21 shall use the data retrieval tool under sec22 tion 484(p) to obtain any information for 

23 the applicant beyond the information de24 scribed in subparagraph (A) for purposes 

25 of the form under this subsection. 

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1 ‘‘(ii) REQUIREMENTS.—An applicant 

2 described in this clause is an applicant who 

3 certifies that— 

4 ‘‘(I) the applicant is not required 

5 to file or, in the case of a dependent 

6 applicant, no parent of the applicant 

7 is required to file— 

8 ‘‘(aa) a Federal income tax 

9 return; or 

10 ‘‘(bb) with respect to Inter11 nal Revenue Service Form 1040, 

12 any of the following forms: 

13 Schedule A, Schedule B, Sched14 ule C, Schedule C–EZ, Schedule 

15 D, Schedule E, Schedule F, 

16 Schedule H, Schedule J, and 

17 Schedule SE; and 

18 ‘‘(II) the sum of the adjusted 

19 gross income of the applicant or, in 

20 the case of a dependent applicant, the 

21 parents of the applicant, is less than 

22 or equal to $60,000. 

23 ‘‘(iii) DESIGNATION.—For purposes of 

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1 scribed in clause (i) shall be referred to as 

2 a ‘pathway two applicant’. 

3 ‘‘(E) PATHWAY THREE APPLICANTS.— 

4 ‘‘(i) IN GENERAL.—With respect to an 

5 applicant who is not a pathway one appli6 cant or a pathway two applicant, the Sec7 retary, to the extent practicable, shall use 

8 the data retrieval tool under section 484(p) 

9 to obtain any information for the applicant 

10 beyond the information described in sub11 paragraph (A) for purposes of the form 

12 under this subsection. 

13 ‘‘(ii) DESIGNATION.—For purposes of 

14 this section and part F, an applicant de15 scribed in clause (i) shall be referred to as 

16 a ‘pathway three applicant’. 

17 ‘‘(F) MEANS-TESTED FEDERAL BENEFIT

18 PROGRAM DEFINED.—For purposes of this 

19 paragraph, the term ‘means-tested Federal ben20 efit program’ has the meaning given the term 

21 in section 479(d). 

22 ‘‘(14) ONE-TIME FAFSA FILING.— 

23 ‘‘(A) IN GENERAL.—Notwithstanding any 

24 other provision of this section and subject to 

25 subparagraphs (B) and (C), an applicant who 

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1 submits a FAFSA for the first time for an 

2 award year for the period required for the com3 pletion of the first undergraduate baccalaureate 

4 course of study being pursued by such applicant 

5 and is eligible to receive a Federal Pell Grant 

6 for such award year, for any succeeding award 

7 year— 

8 ‘‘(i) for which the applicant does not 

9 submit a FAFSA and for which the appli10 cant submits a certification form described 

11 in subparagraph (D) that does not indicate 

12 a change in the dependency status of such 

13 applicant, such applicant— 

14 ‘‘(I) shall not be required to sub15 mit a FAFSA to receive financial as16 sistance under this title; and 

17 ‘‘(II) shall have an expected fam18 ily contribution for such year that is 

19 equal to the expected family contribu20 tion of the applicant determined for 

21 the award year for which the appli22 cant submitted a FAFSA for such pe23 riod, except that an adjustment may 

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1 sults in a change in such expected 

2 family contribution; 

3 ‘‘(ii) for which the applicant submits a 

4 certification form described in subpara5 graph (D) that indicates a change in the 

6 dependency status of the applicant, such 

7 applicant— 

8 ‘‘(I) shall be required to submit a 

9 FAFSA with respect to such award 

10 year to receive financial assistance 

11 under this title; and 

12 ‘‘(II) shall have an expected fam13 ily contribution for such year that is 

14 determined based on such FAFSA; 

15 ‘‘(iii) for which the applicant submits 

16 a FAFSA, such applicant— 

17 ‘‘(I) shall have an expected fam18 ily contribution for such year that is 

19 determined based on such FAFSA; 

20 and 

21 ‘‘(II) shall be required to submit 

22 a FAFSA for any other award year 

23 for which the applicant seeks financial 

24 assistance under this title; and 

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1 ‘‘(iv) for which the applicant does not 

2 submit a certification form described in 

3 subparagraph (D), such applicant shall 

4 submit a FAFSA for such succeeding 

5 award year and any other award year for 

6 which the applicant seeks financial assist7 ance under this title. 

8 ‘‘(B) ADJUSTMENT OF EXPECTED FAMILY

9 CONTRIBUTION.—With respect to an applicant 

10 described in subparagraph (A)(i) who receives 

11 an adjustment under section 479A that results 

12 in a change to the expected family contribution 

13 of the applicant, for any succeeding award year 

14 after the award year for which the adjustment 

15 was made, subclause (II) of such subparagraph 

16 shall be applied to such applicant by sub17 stituting ‘expected family contribution of the 

18 applicant as most recently changed as a result 

19 of an adjustment under section 479A for such 

20 applicant’ for the ‘expected family contribution 

21 of the applicant determined for the award year 

22 for which the applicant submitted a FAFSA for 

23 such period’. 

24 ‘‘(C) RULE FOR CERTAIN STUDENTS.— 

25 With respect to an applicant who submits a 

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1 FAFSA for award year 2021–2022 and enrolls 

2 in an institution of higher education for such 

3 year, subparagraph (A) shall be applied— 

4 ‘‘(i) in the matter preceding clause (i), 

5 by substituting ‘award year 2021–2022’ 

6 for ‘the first time for an award year’; and 

7 ‘‘(ii) in clause (i)(II), by substituting 

8 ‘award year 2021–2022’ for ‘the award 

9 year for which the applicant submitted a 

10 FAFSA for such period’. 

11 ‘‘(D) STUDENT CERTIFICATION FORM.— 

12 The Secretary, in cooperation with representa13 tives of agencies and organizations involved in 

14 student financial assistance, shall use behav15 ioral science insights to produce, distribute, and 

16 process free of charge a short and simple con17 sumer-tested certification form that uses skip 

18 logic to bypass fields that are inapplicable to an 

19 applicant. Such form shall not require an appli20 cant to provide data that the Secretary may 

21 otherwise obtain with respect to the applicant 

22 (such as age or active duty military status), and 

23 may only contain the data elements required for 

24 purposes of subparagraph (A)(i)— 

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1 ‘‘(i) to confirm whether the applicant 

2 is— 

3 ‘‘(I) a dependent student; 

4 ‘‘(II) a single independent stu5 dent or a married independent stu6 dent without dependents (other than a 

7 spouse); or 

8 ‘‘(III) an independent student 

9 with dependents other than a spouse; 

10 ‘‘(ii) to allow the applicant to update 

11 the contact information of such applicant 

12 or the Federal School Code of the institu13 tion of higher education in which the appli14 cant is, or will be enrolled, for the award 

15 year for which the applicant submits such 

16 form; and 

17 ‘‘(iii) to ask whether the applicant’s 

18 need and eligibility for financial assistance 

19 under this title has not changed substan20 tially since the most recent of the fol21 lowing: 

22 ‘‘(I) The applicant submitted a 

23 FAFSA. 

24 ‘‘(II) The applicant received an 

25 adjustment under section 479A that 

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1 results in a change to the expected 

2 family contribution of the applicant. 

3 ‘‘(E) DEFINITIONS.—In this paragraph: 

4 ‘‘(i) DEPENDENCY STATUS.—The 

5 term ‘dependency status’ means the status 

6 of an applicant as— 

7 ‘‘(I) a dependent student; 

8 ‘‘(II) a single independent stu9 dent or a married independent stu10 dent without dependents (other than a 

11 spouse); or 

12 ‘‘(III) an independent student 

13 with dependents other than a spouse. 

14 ‘‘(ii) SUCCEEDING AWARD YEAR.— 

15 The term ‘succeeding award year’— 

16 ‘‘(I) when used with respect to 

17 an applicant who submits a FAFSA 

18 for the first time for an award year 

19 for the period required for the comple20 tion of the first undergraduate bacca21 laureate course of study being pur22 sued by such applicant, means any 

23 award year for such period that fol24 lows the award year for which the ap25 plicant submits such FAFSA; and 

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1 ‘‘(II) when used with respect to 

2 an applicant described in subpara3 graph (C), means any award year 

4 after award year 2021–2022 for the 

5 period required for the completion of 

6 the first undergraduate baccalaureate 

7 course of study being pursued by such 

8 applicant. 

9 ‘‘(15) FAFSA IN VARIOUS LANGUAGES.—The 

10 Secretary shall— 

11 ‘‘(A) translate the form developed under 

12 this subsection into not fewer than 11 foreign 

13 languages based on the languages most often 

14 spoken by English learner students and their 

15 parents, and make the translated form available 

16 and accessible to applicants in paper and elec17 tronic formats; and 

18 ‘‘(B) ensure that the form developed under 

19 this subsection is available in formats accessible 

20 to individuals with disabilities.’’; 

21 (2) in subsection (c), by striking the last sen22 tence; 

23 (3) in subsection (d)(3)— 

24 (A) in subparagraph (A), by striking ‘‘and 

25 EZ FAFSA’’; and 

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1 (B) in subparagraph (B), by striking ‘‘and 

2 EZ FAFSA’’; 

3 (4) in subsection (e)— 

4 (A) in paragraph (3) by striking ‘‘or, as 

5 appropriate, an EZ FAFSA’’; and 

6 (B) in paragraph (5)(D), by striking ‘‘or, 

7 as appropriate, an EZ FAFSA,’’; 

8 (5) by amending subsection (f) to read as fol9 lows: 

10 ‘‘(f) USE OF INTERNAL REVENUE SERVICE DATA

11 RETRIEVAL TOOL TO POPULATE FAFSA.— 

12 ‘‘(1) SIMPLIFICATION EFFORTS.—The Sec13 retary shall— 

14 ‘‘(A) make every effort to allow applicants 

15 to utilize the data retrieval tool to transfer data 

16 available from the Internal Revenue Service to 

17 reduce the amount of original data entry by ap18 plicants and strengthen the reliability of data 

19 used to calculate expected family contributions, 

20 including through the use of technology to— 

21 ‘‘(i) allow an applicant to automati22 cally populate the electronic version of the 

23 forms under this paragraph with data 

24 available from the Internal Revenue Serv25 ice; and 

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1 ‘‘(ii) direct an applicant to appro2 priate questions on such forms based on 

3 the applicant’s answers to previous ques4 tions; and 

5 ‘‘(B) allow taxpayers, regardless of filing 

6 status, to utilize the data retrieval tool to its 

7 full capacity. 

8 ‘‘(2) USE OF TAX RETURN IN APPLICATION

9 PROCESS.—The Secretary shall continue to examine 

10 whether data provided by the Internal Revenue Serv11 ice can be used to generate an expected family con12 tribution without additional action on the part of the 

13 student and taxpayer. 

14 ‘‘(3) REPORTS ON FAFSA SIMPLIFICATION EF15 FORTS.—Not less than once every other year, the 

16 Secretary shall report to the authorizing committees 

17 and the Committees on Appropriations of the House 

18 of Representatives and the Senate on the progress of 

19 the simplification efforts under this subsection.’’; 

20 (6) by repealing subsection (g); 

21 (7) redesignating subsection (h) as subsection 

22 (g); and 

23 (8) by adding at the end the following: 

24 ‘‘(h) DATA TRANSPARENCY ON THE NUMBER OF AP25 PLICANTS.— 

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1 ‘‘(1) IN GENERAL.—The Secretary shall annu2 ally publish data on the number of individuals who 

3 apply for Federal student aid pursuant to this sec4 tion who are homeless individuals described in sec5 tion 725 of the McKinney-Vento Homeless Assist6 ance Act (42 U.S.C. 11434a), including unaccom7 panied youth and foster care youth. 

8 ‘‘(2) CONTENTS.—The data described in para9 graph (1) with respect to homeless individuals shall 

10 include, at a minimum, for each application cycle— 

11 ‘‘(A) the total number of all applicants 

12 who were determined to be (or to be at risk of 

13 becoming) unaccompanied homeless youth 

14 under section 480(d)(1)(H); 

15 ‘‘(B) the number of applicants described in 

16 subparagraph (A), disaggregated— 

17 ‘‘(i) by State; and 

18 ‘‘(ii) by the sources of determination 

19 as described in clauses (i) through (iv) of 

20 section 480(d)(1)(H); and 

21 ‘‘(C) the number of undetermined requests 

22 for homelessness consideration, including 

23 statuses that remain unknown because no de24 termination had been made in response to the 

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1 sider the applicant’s special circumstance of 

2 being homeless. 

3 ‘‘(i) PROHIBITION ON QUESTIONS RELATING TO

4 DRUG OFFENSES.—The Secretary may not include on the 

5 forms developed under this subsection any data items re6 lating to whether an applicant has a conviction of any of7 fense under any Federal or State law involving the posses8 sion or sale of a controlled substance (as defined in section 

9 102(6) of the Controlled Substances Act (21 U.S.C. 

10 802(6)). 

11 ‘‘(j) FAFSA VERIFICATION.— 

12 ‘‘(1) IN GENERAL.—With respect to applicants 

13 who submit a FAFSA for an award year and were 

14 determined using data provided in such FAFSA to 

15 be eligible to receive a Federal Pell Grant for such 

16 award year, the Secretary shall submit to the au17 thorizing committees, and make publicly available, a 

18 report for such award year on— 

19 ‘‘(A) the number and share of such appli20 cants who received a Federal Pell Grant for 

21 such award year; 

22 ‘‘(B) the number and share of such appli23 cants who did not receive a Federal Pell Grant 

24 for such year; 

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1 ‘‘(C) the number and share of such appli2 cants who were selected by the Secretary for 

3 verification of the data provided in the FAFSA; 

4 ‘‘(D) to the extent practicable, the number 

5 and share of applicants described in subpara6 graph (C) who enrolled in an institution of 

7 higher education in a year after such selection; 

8 ‘‘(E) the number and share of applicants 

9 described in subparagraph (C) who completed 

10 the verification process; 

11 ‘‘(F) of the applicants described in sub12 paragraph (E)— 

13 ‘‘(i) the average of the expected family 

14 contribution for all such applicants as de15 termined using data provided in the 

16 FAFSA; 

17 ‘‘(ii) the average of the expected fam18 ily contribution difference for all such ap19 plicants; 

20 ‘‘(iii) the average of the expected fam21 ily contribution difference for all such ap22 plicants whose expected family contribution 

23 as determined using data provided in the 

24 verification process was greater than the 

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1 expected family contribution as determined 

2 using data provided in the FAFSA; and 

3 ‘‘(iv) the average of the expected fam4 ily contribution difference for all such ap5 plicants whose expected family contribution 

6 as determined using data provided in the 

7 FAFSA was greater than the expected 

8 family contribution as determined using 

9 data provided in the verification process; 

10 ‘‘(G) of the applicants described in sub11 paragraph (E)— 

12 ‘‘(i) the average Federal Pell Grant 

13 amount for all such applicants as deter14 mined using data provided in the FAFSA; 

15 ‘‘(ii) the average of the Federal Pell 

16 Grant difference for all such applicants; 

17 ‘‘(iii) the average of the Federal Pell 

18 Grant difference for all such applicants 

19 whose Federal Pell Grant amount as deter20 mined using data provided in the 

21 verification process was greater than the 

22 Federal Pell Grant amount as determined 

23 using data provided in the FAFSA; 

24 ‘‘(iv) the average of the Federal Pell 

25 Grant difference for all such applicants 

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1 whose Federal Pell Grant amount as deter2 mined using data provided in the FAFSA 

3 was greater than the Federal Pell Grant 

4 amount as determined using data provided 

5 in the verification process; and 

6 ‘‘(v) the number and share of such 

7 applicants who were determined using the 

8 data provided in the verification process to 

9 be ineligible for a Federal Pell Grant; 

10 ‘‘(H) the number and share of applicants 

11 described in subparagraph (C) who received a 

12 Federal Pell Grant for such award year; and 

13 ‘‘(I) the number and share of applicants 

14 described in subparagraph (C) who did not re15 ceive a Federal Pell Grant for such award year. 

16 ‘‘(2) DISAGGREGATION.—The data provided in 

17 a report under paragraph (1) shall be 

18 disaggregated— 

19 ‘‘(A) by applicants who were pathway one 

20 applicants for such year; 

21 ‘‘(B) by applicants who were pathway two 

22 applicants for such year; 

23 ‘‘(C) by applicants who were pathway three 

24 applicants for such year; and 

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1 ‘‘(D) with respect to applicants described 

2 in subparagraphs (C) and (E), the verification 

3 tracking groups of such applicants. 

4 ‘‘(3) DEFINITIONS.—In this subsection: 

5 ‘‘(A) EXPECTED FAMILY CONTRIBUTION

6 DIFFERENCE.—The term ‘expected family con7 tribution difference’ means, with respect to an 

8 applicant who completed a verification process 

9 with respect to the FAFSA, the difference be10 tween— 

11 ‘‘(i) the expected family contribution 

12 of such applicant as determined using data 

13 provided in the FAFSA; and 

14 ‘‘(ii) the expected family contribution 

15 of such applicant as determined using data 

16 provided in the verification process. 

17 ‘‘(B) FEDERAL PELL GRANT DIF18 FERENCE.—The term ‘Federal Pell Grant dif19 ference’ means, with respect to an applicant 

20 who completed a verification process with re21 spect to the FAFSA, the difference between— 

22 ‘‘(i) the amount of the Federal Pell 

23 Grant of such applicant as determined 

24 using data provided in the FAFSA; and 

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1 ‘‘(ii) the amount of the Federal Pell 

2 Grant of such applicant as determined 

3 using data provided in the verification 

4 process. 

5 ‘‘(k) FINANCIAL AID OFFERS.— 

6 ‘‘(1) REQUIREMENTS FOR OFFERS.— 

7 ‘‘(A) SECRETARIAL REQUIREMENTS.—Not 

8 later than 18 months after the date of enact9 ment of the College Affordability Act, the Sec10 retary shall, based on the consumer testing con11 ducted under subparagraph (E), publish re12 quirements for financial aid offers that shall— 

13 ‘‘(i) include a requirement that finan14 cial aid offers shall serve as the primary 

15 source for Federal, State, and institutional 

16 financial aid information provided by an 

17 institution of higher education partici18 pating in any program under this title to 

19 each prospective student accepted for ad20 mission and each enrolled student at such 

21 institution; 

22 ‘‘(ii) include a requirement that such 

23 offers include a standardized quick ref24 erence box described in subparagraph (D); 

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1 ‘‘(iii) establish standardized terms and 

2 definitions, including for the elements list3 ed in subparagraph (C), that shall be in4 cluded in each such offer; 

5 ‘‘(iv) establish formatting require6 ments with respect to the organization of 

7 the elements listed in subparagraph (C), 

8 which shall include a requirement that pro9 hibits such offers from displaying loans in 

10 a manner that indicates or implies that 

11 such loans reduce the amount owed to the 

12 institution or reduce the net price; and 

13 ‘‘(v) specify the simple, plain-lan14 guage, and consumer-friendly information 

15 to be included in each such offer with re16 spect to the financial aid being offered to 

17 a student, which shall include— 

18 ‘‘(I) an explanation of differences 

19 among each such type of financial aid, 

20 including clear explanations that— 

21 ‘‘(aa) grants and scholar22 ships do not have to be repaid; 

23 ‘‘(bb) loans (including loans 

24 made under part D and private 

25 education loans (as defined in 

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1 section 140 of the Truth in 

2 Lending Act)) must be repaid 

3 with interest; and 

4 ‘‘(cc) payments under Fed5 eral-work study programs under 

6 part C are contingent on finding 

7 qualified employment and are 

8 typically disbursed incrementally 

9 in paychecks; 

10 ‘‘(II) information encouraging 

11 students to consider loans made under 

12 part D before such private education 

13 loans; 

14 ‘‘(III) information clarifying that 

15 students may— 

16 ‘‘(aa) decline to accept a 

17 loan made under part D; or 

18 ‘‘(bb) accept an amount of 

19 such loan that is less than the 

20 amount of such loan included in 

21 the financial aid offer; and 

22 ‘‘(IV) in a case in which the in23 stitution offers a student such a loan 

24 in an amount that is less than the 

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1 dent is eligible, an explanation that 

2 the student is eligible for additional 

3 loans under part D. 

4 ‘‘(B) INSTITUTIONAL REQUIREMENTS.— 

5 Beginning with the award year that begins not 

6 less than 1 year after the Secretary publishes 

7 requirements under subparagraph (A), each in8 stitution of higher education described in sub9 paragraph (A)(i) shall provide a financial aid 

10 offer to each student described in such subpara11 graph prior to each academic year that— 

12 ‘‘(i) shall comply with the require13 ments published by the Secretary under 

14 subparagraph (A); and 

15 ‘‘(ii) may be supplemented by the in16 stitution with additional, non-contradictory 

17 information related to financial aid as long 

18 as such supplementary information uses 

19 the standardized terms and definitions de20 scribed in subparagraph (A)(iii). 

21 ‘‘(C) ELEMENTS.—A financial aid offer 

22 provided by an institution of higher education 

23 shall include the following elements with respect 

24 to the academic year for which the offer is 

25 being provided: 

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1 ‘‘(i) The cost of attendance, which 

2 shall include separately calculated sub3 totals of— 

4 ‘‘(I) an itemized list of estimated 

5 direct costs owed to the institution; 

6 and 

7 ‘‘(II) an itemized list of antici8 pated student expenses not covered 

9 under subclause (I). 

10 ‘‘(ii) Federal, State, and institutional 

11 financial aid available to the student, 

12 which shall include separately calculated 

13 subtotals of— 

14 ‘‘(I) grants and scholarships; 

15 ‘‘(II) loans made under part D 

16 (excluding Federal Direct Parent 

17 PLUS Loans) and part E; and 

18 ‘‘(III) Federal-work study pro19 grams under part C and other on20 campus employment. 

21 ‘‘(iii) Other options that may be avail22 able to students to cover the cost of at23 tendance (including Federal Direct Parent 

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1 ings, and earnings from other employ2 ment). 

3 ‘‘(iv) The net price, which shall be de4 termined by calculating the difference be5 tween— 

6 ‘‘(I) the cost of attendance de7 scribed in clause (i); and 

8 ‘‘(II) the grants and scholarships 

9 described in clause (ii)(I). 

10 ‘‘(v) Next step instructions, includ11 ing— 

12 ‘‘(I) the process and deadlines for 

13 accepting the financial aid; and 

14 ‘‘(II) information about where to 

15 find additional information on the fi16 nancial aid offered. 

17 ‘‘(vi) Any other information deter18 mined necessary by the Secretary based on 

19 the consumer testing conducted under sub20 paragraph (E), which may include the fol21 lowing: 

22 ‘‘(I) An estimate of the net direct 

23 cost, which shall be determined by cal24 culating the difference between— 

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1 ‘‘(aa) the direct costs owed 

2 to the institution described in 

3 clause (i)(I); and 

4 ‘‘(bb) the grants and schol5 arships described in clause (ii)(I). 

6 ‘‘(II) Information on average stu7 dent debt, loan repayment and default 

8 rates, loan repayment options, and 

9 graduation rates. 

10 ‘‘(III) In the case of a prospec11 tive student, the process and deadlines 

12 for enrolling at the institution. 

13 ‘‘(IV) Information regarding the 

14 enrollment period covered by the aid 

15 offer, and whether the cost and aid 

16 estimates are based on full-time or 

17 part-time enrollment. 

18 ‘‘(D) STANDARDIZED QUICK REFERENCE

19 BOX.—A financial aid offer provided by an in20 stitution of higher education shall include a 

21 standardized quick reference box to enable stu22 dents to quickly and easily compare key infor23 mation on college costs and financial aid— 

24 ‘‘(i) that shall be included in an iden25 tical fashion for each student receiving a 

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1 financial aid offer from the institution on 

2 the first page of such offer; 

3 ‘‘(ii) the contents and structure of 

4 which shall be developed through consumer 

5 testing conducted under paragraph (E); 

6 and 

7 ‘‘(iii) that shall include not more than 

8 8 elements, which, at a minimum, shall in9 clude— 

10 ‘‘(I) the cost of attendance; 

11 ‘‘(II) grants and scholarships; 

12 and 

13 ‘‘(III) net price (as calculated 

14 under subparagraph (C)(iv)). 

15 ‘‘(E) CONSUMER TESTING.—The Secretary 

16 shall— 

17 ‘‘(i) conduct consumer testing that 

18 shall serve as the basis in determining the 

19 requirements for financial aid offers pub20 lished under subparagraph (A), which shall 

21 include students (including low-income stu22 dents, English learners, first generation 

23 college students, veteran students, grad24 uate students, and undergraduate students 

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1 ing students)), students’ families (includ2 ing low-income families, families of English 

3 learners, and families with first generation 

4 college students), institutions of higher 

5 education (including representatives from 

6 two- and four-year institutions, public and 

7 private institutions, and minority-serving 

8 institutions), secondary school and postsec9 ondary counselors, financial aid adminis10 trators, nonprofit college access organiza11 tions, and nonprofit consumer groups; and 

12 ‘‘(ii) not later than 60 days after the 

13 publication of the requirements under sub14 paragraph (A)— 

15 ‘‘(I) issue a report on the find16 ings of the consumer testing under 

17 this subparagraph; and 

18 ‘‘(II) specify ways in which the 

19 findings are reflected in such require20 ments. 

21 ‘‘(2) DEFINITIONS.—In this subsection— 

22 ‘‘(A) the term ‘English learner’ has the 

23 meaning given the term in section 8101(20) of 

24 the Elementary and Secondary Education Act 

25 of 1965 (20 U.S.C. 7801(20)), except that such 

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1 term does not include individuals described in 

2 subparagraph (B) of such section; 

3 ‘‘(B) the term ‘first generation college stu4 dent’ has the meaning given the term in section 

5 402A(h); 

6 ‘‘(C) the term ‘low-income student’ has the 

7 meaning given the term in section 419N(b)(7); 

8 and 

9 ‘‘(D) the term ‘minority-serving institution’ 

10 means an institution of higher education de11 scribed in section 371(a).’’. 

12 SEC. 4604. STUDENT ELIGIBILITY. 

13 (a) IN GENERAL.—Section 484(a) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1091(a)) is amended 

15 to read as follows: 

16 ‘‘(a) IN GENERAL.— 

17 ‘‘(1) GRANTS; LOANS; WORK ASSISTANCE.—In 

18 order to receive any grant, loan, or work assistance 

19 under this title, a student must— 

20 ‘‘(A) be enrolled or accepted for enrollment 

21 in a degree, certificate, or other program (in22 cluding a program of study abroad approved for 

23 credit by the eligible institution at which such 

24 student is enrolled) leading to a recognized edu25 cational credential at an institution of higher 

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1 education that is an eligible institution in ac2 cordance with the provisions of section 487, ex3 cept as provided in subsections (b)(3) and 

4 (b)(4), and not be enrolled in an elementary or 

5 secondary school; 

6 ‘‘(B) if the student is presently enrolled at 

7 an institution, be maintaining satisfactory 

8 progress in the course of study the student is 

9 pursuing in accordance with the provisions of 

10 subsection (c); 

11 ‘‘(C) not owe a refund on grants previously 

12 received at any institution under this title, or be 

13 in default on any loan from a student loan fund 

14 at any institution provided for in part E, or a 

15 loan made, insured, or guaranteed by the Sec16 retary under this title for attendance at any in17 stitution; 

18 ‘‘(D) file with the Secretary, as part of the 

19 original financial aid application process, a cer20 tification, which need not be notarized, but 

21 which shall include— 

22 ‘‘(i) a statement of educational pur23 pose stating that the money attributable to 

24 such grant, loan, or loan guarantee will be 

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1 ance or continued attendance at such insti2 tution; and 

3 ‘‘(ii) such student’s social security 

4 number; and 

5 ‘‘(E) if the student has been convicted of, 

6 or has pled nolo contendere or guilty to, a crime 

7 involving fraud in obtaining funds under this 

8 title, have completed the repayment of such 

9 funds to the Secretary, or to the holder in the 

10 case of a loan under this title obtained by 

11 fraud. 

12 ‘‘(2) GRANTS; LOANS; WORK ASSISTANCE; SERV13 ICES.— 

14 ‘‘(A) IN GENERAL.—In order to receive 

15 any grant, loan, or work assistance under this 

16 title, or any service provided pursuant to a pro17 gram or project funded under this title, a stu18 dent must— 

19 ‘‘(i) be a citizen, national, or perma20 nent resident of the United States; 

21 ‘‘(ii) be able to provide evidence from 

22 the Department of Homeland Security that 

23 he or she is in the United States for other 

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1 tion of becoming a citizen or permanent 

2 resident; 

3 ‘‘(iii) have temporary protected status 

4 under section 244 of the Immigration and 

5 Nationality Act (8 U.S.C. 1254a); or 

6 ‘‘(iv) be a Dreamer student, as de7 fined in subsection (q). 

8 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

9 shall not be construed to affect eligibility for 

10 participation in projects funded under chapter 2 

11 of subpart 2 of part A or section 418A(b).’’. 

12 (b) EXCEPTION TO REQUIRED REGISTRATION WITH

13 SELECTIVE SERVICE SYSTEM.—Section 484 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1091) is further 

15 amended— 

16 (1) by repealing subsection (n); and 

17 (2) by redesignating subsections (o) through (q) 

18 as subsections (n) through (p), respectively. 

19 (c) DEFINITION OF DREAMER STUDENT.—Section 

20 484 of the Higher Education Act of 1965 (20 U.S.C. 

21 1091), as amended by subsection (b), is further amended 

22 by adding at the end the following: 

23 ‘‘(q) DREAMER STUDENT.— 

24 ‘‘(1) IN GENERAL.—In this section, the term 

25 ‘Dreamer student’ means an alien (as defined in secVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00642 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tion 101(a)(3) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(3)) who— 

3 ‘‘(A) was younger than 16 years of age on 

4 the date on which the alien initially entered the 

5 United States and— 

6 ‘‘(i) has earned a high school diploma, 

7 the recognized equivalent of such diploma 

8 from a secondary school, or a high school 

9 equivalency diploma in the United States, 

10 or is scheduled to complete the require11 ments for such a diploma or equivalent be12 fore the next academic year begins; 

13 ‘‘(ii) is enrolled in an institution of 

14 higher education pursuant to subsection 

15 (d); or 

16 ‘‘(iii) has served in the uniformed 

17 services, as defined in section 101 of title 

18 10, United States Code, for not less than 

19 4 years and, if discharged, received an 

20 honorable discharge; or 

21 ‘‘(B) would have been eligible, if the 

22 memorandum were fully in effect since the date 

23 issued, for a grant of deferred action pursuant 

24 to the directive in the November 20, 2014, 

25 memorandum from the Secretary of Homeland 

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1 Security entitled ‘Exercising Prosecutorial Dis2 cretion with Respect to Individuals Who Came 

3 to the United States as Children and with Re4 spect to Certain Individuals Who Are the Par5 ents of U.S. Citizens or Permanent Residents’ 

6 to establish a process for exercising prosecu7 torial discretion through the use of deferred ac8 tion for individuals who, among other qualifica9 tions, had a son or daughter who was a United 

10 States citizen or lawful permanent resident on 

11 such date. 

12 ‘‘(2) HARDSHIP EXCEPTION.—The Secretary 

13 shall issue regulations that direct when the Depart14 ment shall waive the age requirement of paragraph 

15 (1)(A) for an individual to qualify as a Dreamer stu16 dent under such paragraph, if the individual dem17 onstrates, through documentation presented to the 

18 Secretary of substantial economic or personal hard19 ship, that deprivation of the requested benefit under 

20 this title would represent a substantial hardship.’’. 

21 (d) REPEAL OF SUSPENSION OF FINANCIAL AID ELI22 GIBILITY FOR DRUG-RELATED OFFENSES.—Subsection 

23 (r) of section 484 of the Higher Education Act of 1965 

24 (20 U.S.C. 1091(r)) is repealed. 

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1 (e) CONFORMING AMENDMENTS.—The Higher Edu2 cation Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 

3 (1) in section 102(a)(2)(A)(i)(I), by striking 

4 ‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 

5 (2) in section 419N(b)(7)(B)(ii), by striking 

6 ‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 

7 (3) in section 484(c), by striking ‘‘subsection 

8 (a)(2)’’ each place it appears and inserting ‘‘sub9 section (a)(1)(B)’’; 

10 (4) in section 484(g)— 

11 (A) by striking ‘‘subsection (a)(5)’’ and in12 serting ‘‘subsection (a)(2)’’; and 

13 (B) by striking ‘‘Immigration and Natu14 ralization Service’’ each place it appears in 

15 paragraph (4)(B)(i) and inserting ‘‘Department 

16 of Homeland Security’’; 

17 (5) in section 484(h), by striking ‘‘Immigration 

18 and Naturalization Service’’ each place it appears 

19 and inserting ‘‘Department of Homeland Security’’; 

20 (6) in section 484(o), as so redesignated, by 

21 striking ‘‘subsection (a)(4)’’ and inserting ‘‘sub22 section (a)(1)(D)’’; and 

23 (7) in section 485(a)(1)(K), by striking 

24 ‘‘484(a)(2)’’ and inserting ‘‘484(a)(1)(B)’’. 

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1 SEC. 4606. REINSTATEMENT OF THE 6-YEAR STATUTE OF 

2 LIMITATIONS FOR STUDENT LOANS. 

3 Section 484A(a) of the Higher Education Act of 

4 1965 (20 U.S.C. 1091a(a)) is amended to read as follows: 

5 ‘‘(a) STATUTE OF LIMITATIONS.—Notwithstanding 

6 any Federal or State statutory, regulatory, or administra7 tive limitation on the period within which debts may be 

8 enforced— 

9 ‘‘(1) an institution that receives funds under 

10 this title may file a suit or initiate or take another 

11 action for collection of a refund due from a student 

12 on a grant made, or work assistance awarded, under 

13 this title, during the 6-year period beginning on the 

14 day after the refund first became due (exclusive of 

15 the period during which the State statute of limita16 tions otherwise applicable to a suit under this para17 graph would be tolled under State law); 

18 ‘‘(2) a guaranty agency that has an agreement 

19 with the Secretary under section 428(c) may file a 

20 suit or initiate or take another action for collection 

21 of the amount due from a borrower on a loan made 

22 under part B during the 6-year period beginning on 

23 the day after such guaranty agency reimburses the 

24 previous holder of the loan for its loss on account of 

25 the default of the borrower (exclusive of the period 

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1 wise applicable to a suit under this paragraph would 

2 be tolled under State law); 

3 ‘‘(3) an institution that has an agreement with 

4 the Secretary pursuant to section 487 may file a suit 

5 or initiate or take another action for collection of the 

6 amount due from a borrower on a loan made under 

7 part D or E after the default of the borrower on 

8 such loan during the 6-year period beginning on the 

9 day after the date of the default of the borrower 

10 with respect to such amount (exclusive of the period 

11 during which the State statute of limitations other12 wise applicable to a suit under this paragraph would 

13 be tolled under State law); or 

14 ‘‘(4) the Secretary, the Attorney General, or the 

15 administrative head of another Federal agency, as 

16 the case may be, may file a suit or initiate or take 

17 another action for collection of a refund due from a 

18 student on a grant made under this title, or for the 

19 repayment of the amount due from a borrower on a 

20 loan made under this title that has been assigned to 

21 the Secretary under this title, during the 6-year pe22 riod beginning on the day after the refund or the 

23 amount first became due.’’. 

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1 SEC. 4607. STUDENT ELIGIBILITY INFORMATION FOR NU2 TRITION ASSISTANCE PROGRAMS. 

3 (a) INFORMATION DISSEMINATION ACTIVITIES.— 

4 Section 485(a)(1) of the Higher Education Act of 1965 

5 (20 U.S.C. 1092(a)(1)) is amended— 

6 (1) in subparagraph (U), by striking the ‘‘and’’ 

7 at the end; 

8 (2) in subparagraph (V), by striking the period 

9 at the end and inserting a semicolon; and 

10 (3) by adding at the end the following: 

11 ‘‘(W) the most recent relevant student eli12 gibility guidance with respect to the nutrition 

13 assistance programs established under— 

14 ‘‘(i) the supplemental nutrition assist15 ance program under the Food and Nutri16 tion Act of 2008 (7 U.S.C. 2011 et seq.); 

17 and 

18 ‘‘(ii) the special supplemental nutri19 tion program for women, infants, and chil20 dren established by section 17 of the Child 

21 Nutrition Act of 1966 (42 U.S.C. 1786); 

22 ‘‘(X) the contact information for the State 

23 agencies responsible for administration of the 

24 programs specified in clauses (i) and (ii) of sub25 paragraph (W); and 

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1 ‘‘(Y) the food pantries and other food as2 sistance facilities and services available to stu3 dents enrolled in such institution.’’. 

4 (b) COLLEGE NAVIGATOR WEBSITE.—Not later than 

5 30 days after the date of the enactment of this Act, the 

6 Secretary of Education shall make available and annually 

7 update on the College Navigator Website the most recent 

8 relevant student eligibility guidance with respect to the nu9 trition assistance programs established under— 

10 (1) the supplemental nutrition assistance pro11 gram under the Food and Nutrition Act of 2008 (7 

12 U.S.C. 2011 et seq.); and 

13 (2) the special supplemental nutrition program 

14 for women, infants, and children established by sec15 tion 17 of the Child Nutrition Act of 1966 (42 

16 U.S.C. 1786). 

17 SEC. 4608. EXIT COUNSELING. 

18 (a) AMENDMENTS TO EXIT COUNSELING FOR BOR19 ROWERS.—Section 485(b) of the Higher Education Act of 

20 1965 (20 U.S.C. 1092(b)) is amended— 

21 (1) in paragraph (1)(A)— 

22 (A) in the matter preceding clause (i), 

23 striking ‘‘through financial aid offices or other24 wise’’ and inserting ‘‘through the use of an 

25 interactive program, during an exit counseling 

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1 session that is in-person or online, or through 

2 the use of the online counseling tool described 

3 in subsection (n)(1)(A)’’; 

4 (B) by redesignating clauses (i) through 

5 (ix) as clauses (iv) through (xii), respectively; 

6 (C) by inserting before clause (iv), as so 

7 redesignated, the following: 

8 ‘‘(i) a summary of the outstanding 

9 balance of principal and interest due on 

10 the loans made to the borrower under part 

11 B, D, or E; 

12 ‘‘(ii) an explanation of the grace pe13 riod preceding repayment and the expected 

14 date that the borrower will enter repay15 ment; 

16 ‘‘(iii) an explanation that the borrower 

17 has the option to pay any interest that has 

18 accrued while the borrower was in school 

19 or that may accrue during the grace period 

20 preceding repayment or during an author21 ized period of deferment or forbearance, 

22 prior to the capitalization of the interest;’’; 

23 (D) in clause (iv), as so redesignated— 

24 (i) by striking ‘‘sample information 

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1 mation, based on the borrower’s out2 standing balance described in clause (i), 

3 showing the borrower’s’’; and 

4 (ii) by striking ‘‘of each plan’’ and in5 serting ‘‘of at least the fixed repayment 

6 plan described in section 493E, the in7 come-based repayment plan under section 

8 493C(f), and any other repayment plan for 

9 which each loan may be eligible’’; 

10 (E) in clause (ix), as so redesignated— 

11 (i) by inserting ‘‘decreased credit 

12 score,’’ after ‘‘credit reports,’’; and 

13 (ii) by inserting ‘‘reduced ability to 

14 rent or purchase a home or car, potential 

15 difficulty in securing employment,’’ after 

16 ‘‘Federal law,’’; 

17 (F) in clause (x), as so redesignated, by 

18 striking ‘‘consolidation loan under section 428C 

19 or a’’; 

20 (G) in clauses (xi) and (xii), as so redesig21 nated, by striking ‘‘and’’ at the end; and 

22 (H) by adding at the end the following: 

23 ‘‘(xiii) for each of the borrower’s loans 

24 made under part B, D, or E for which the 

25 borrower is receiving counseling under this 

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1 subsection, the contact information for the 

2 loan servicer of the loan and a link to such 

3 servicer’s website; and 

4 ‘‘(xiv) an explanation that an indi5 vidual has a right to annually request a 

6 disclosure of information collected by a 

7 consumer reporting agency pursuant to 

8 section 612(a) of the Fair Credit Report9 ing Act (15 U.S.C. 1681j(a)).’’; 

10 (2) in paragraph (1)(B)— 

11 (A) by inserting ‘‘online or’’ before ‘‘in 

12 writing’’; and 

13 (B) by adding before the period at the end 

14 the following: ‘‘, except that in the case of an 

15 institution using the online counseling tool de16 scribed in subsection (n)(1)(A), the Secretary 

17 shall attempt to provide such information to the 

18 student in the manner described in subsection 

19 (n)(3)(C)’’; and 

20 (3) in paragraph (2)(C), by inserting ‘‘, such as 

21 the online counseling tool described in subsection 

22 (n)(1)(A),’’ after ‘‘electronic means’’. 

23 (b) CONFORMING AMENDMENT.—Section 485(d)(1) 

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

25 1092(d)(1)) is amended by striking ‘‘including incomeVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00652 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 sensitive’’ and all that follows through ‘‘part D’’ and in2 serting ‘‘including, beginning on July 1, 2021, the income3 based repayment plan under section 493C(f) and the fixed 

4 repayment plan described in section 493E’’. 

5 SEC. 4609. CLERY ACT AMENDMENTS. 

6 (a) DISCLOSURE OF CAMPUS SECURITY POLICY AND

7 CAMPUS CRIME STATISTICS.—Section 485(f) of the High8 er Education Act of 1965 (20 U.S.C. 1092(f)) is amend9 ed— 

10 (1) in paragraph (1)— 

11 (A) in the matter preceding subparagraph 

12 (A), by inserting ‘‘(including on a prominent lo13 cation on the institution’s website)’’ after ‘‘pub14 lish’’; and 

15 (B) in subparagraph (F)— 

16 (i) in clause (i), by striking ‘‘and’’ at 

17 the end; 

18 (ii) in clause (ii), by striking ‘‘and’’ at 

19 the end; 

20 (iii) in clause (iii), by striking the pe21 riod at the end and inserting ‘‘;’’; and 

22 (iv) by adding at the end the fol23 lowing: 

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1 ‘‘(iv) of harassment incidents that 

2 were reported to campus security authori3 ties or local police agencies; and 

4 ‘‘(v) of hazing incidents that were re5 ported to campus security authorities or 

6 local police agencies.’’; and 

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

8 ‘‘(K)(i) Each finding by the institution 

9 that, during the most recent calendar year, and 

10 during the 2 preceding calendar years for which 

11 data are available, a student organization com12 mitted a violation of the institution’s standards 

13 of conduct, or of Federal, State, or local law, 

14 relating to hazing, which— 

15 ‘‘(I) shall include— 

16 ‘‘(aa) the name of the stu17 dent organization that committed 

18 the violation; 

19 ‘‘(bb) a general description 

20 of the activities that led to the 

21 violation, the charges, such find22 ings by the institution, and the 

23 sanctions placed on the organiza24 tion; and 

25 ‘‘(cc) the dates on which— 

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1 ‘‘(AA) the violation was 

2 alleged to have occurred; 

3 ‘‘(BB) the student or4 ganization was charged with 

5 misconduct; 

6 ‘‘(CC) the investigation 

7 was initiated; and 

8 ‘‘(DD) the investigation 

9 ended with a finding that a 

10 violation occurred; and 

11 ‘‘(II) may not include— 

12 ‘‘(aa) any information re13 lated to allegations or investiga14 tions of hazing that do not result 

15 in a formal finding of a violation 

16 of the standards of conduct of 

17 the institution or of Federal, 

18 State or local law; or 

19 ‘‘(bb) any personally identi20 fiable information on any indi21 vidual student or member of a 

22 student organization. 

23 ‘‘(ii) The anti-hazing policies (includ24 ing the standards of conduct with respect 

25 to hazing) of the institution, and the 

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1 changes, if any, that have been made in 

2 the preceding calendar year with respect to 

3 such policies, and the justification for such 

4 changes. 

5 ‘‘(iii) In the case of an allegation that 

6 a multi-institution student organization 

7 was involved in a hazing incident, each in8 stitution at which the students involved in 

9 such allegation are enrolled (or were for10 merly enrolled), including any student who 

11 was a victim in the alleged incident, shall 

12 comply with the requirements of this sub13 paragraph.’’; 

14 (2) in paragraph (6)(A), by adding at the end 

15 the following: 

16 ‘‘(vi) For purposes of reporting under this 

17 section, the term ‘harassment’— 

18 ‘‘(I) means unwelcome conduct, of a 

19 hostile, intimidating, or offensive nature, 

20 based on a student’s actual or perceived 

21 race, color, religion, sex (including sexual 

22 orientation, gender identity, pregnancy, 

23 childbirth, a medical condition related to 

24 pregnancy or childbirth, and sex stereo25 type), disability, or national origin, that 

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1 unreasonably interferes with a student’s 

2 ability to participate in a program or activ3 ity at an institution of higher education, 

4 including by creating an intimidating, hos5 tile, or offensive environment; 

6 ‘‘(II) is not limited to physical acts, 

7 and includes conduct that is verbal or non8 verbal, direct or indirect, undertaken in 

9 whole or in part through the use of elec10 tronic messaging services, commercial mo11 bile services, electronic communications, or 

12 other technology, or the placement or dis13 play of hostile or offensive images or ob14 jects based on a protected trait; and 

15 ‘‘(III) includes sexual harassment, 

16 which is unwelcome conduct of a sexual 

17 nature, including— 

18 ‘‘(aa) a sexual advance; 

19 ‘‘(bb) a request for sexual favors; 

20 ‘‘(cc) a sexual act, where such 

21 submission is made either explicitly or 

22 implicitly a term or condition of a 

23 program or activity at an institution 

24 of higher education, regardless of a 

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1 student’s submission to or rejection of 

2 such sexual act; 

3 ‘‘(dd) a sexual act, where such 

4 submission or rejection is used as the 

5 basis for a decision affecting a term 

6 or condition of a program or activity 

7 at an institution of higher education, 

8 regardless of a student’s submission 

9 to or rejection of such sexual act; or 

10 ‘‘(ee) other conduct of a sexual 

11 nature. 

12 ‘‘(vii) The term ‘hazing’ means any inten13 tional, knowing, or reckless act committed by a 

14 student, or a former student, of an institution 

15 of higher education, whether individually or in 

16 concert with other persons, against another stu17 dent, that— 

18 ‘‘(I) was committed in connection with 

19 an initiation into, an affiliation with, or 

20 the maintenance of membership in, any 

21 student organization; and 

22 ‘‘(II) causes, or contributes to a sub23 stantial risk of, physical injury, mental 

24 harm, or personal degradation. 

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1 ‘‘(viii) The term ‘commercial mobile serv2 ice’ has the meaning given the term in section 

3 332(d) of the Communications Act of 1934 (47 

4 U.S.C. 332(d)). 

5 ‘‘(ix) The term ‘electronic communication’ 

6 means any transfer of signs, signals, writing, 

7 images, sounds, or data of any nature trans8 mitted in whole or in part by a wire, radio, elec9 tromagnetic, photoelectronic, or photooptical 

10 system. 

11 ‘‘(x) The term ‘electronic messaging serv12 ices’ has the meaning given the term in section 

13 102 of the Communications Assistance for Law 

14 Enforcement Act (47 U.S.C. 1001). 

15 ‘‘(xi) The term ‘multi-institution student 

16 organization’ means a student organization that 

17 includes students from more than one institu18 tion of higher education, including city-wide, re19 gional, State, and national chapters of student 

20 organizations. 

21 ‘‘(xii) The term ‘student organization’ 

22 means an organization that is officially recog23 nized by or otherwise affiliated with an institu24 tion of higher education and that has a memVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00659 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 bership that is made up primarily of students 

2 enrolled at such institution.’’; 

3 (3) in paragraph (7), by inserting after the sec4 ond sentence the following: ‘‘For harassment inci5 dents, such statistics shall be compiled in accordance 

6 with the definition of that term in paragraph 

7 (6)(A)(vi). For hazing incidents, such statistics shall 

8 be compiled in accordance with the definition of that 

9 term in paragraph (6)(A)(vii).’’; and 

10 (4) in paragraph (8)— 

11 (A) by adding ‘‘sexual harassment,’’ after 

12 ‘‘sexual assault,’’ each place it appears; 

13 (B) in subparagraph (B) in subclause 

14 (iv)(I)(bb) by striking ‘‘an investigation’’ and 

15 inserting ‘‘a trauma-informed investigation’’; 

16 and 

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

18 ‘‘(viii) Written notification of victims 

19 about institutional policies regarding the 

20 reimbursement of lost tuition and costs as21 sociated with student loan interest accrual 

22 related to domestic violence, dating vio23 lence, sexual assault, sexual harassment, or 

24 stalking incidents.’’. 

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1 (b) STATEMENT OF POLICY REGARDING HARASS2 MENT.—Section 485(f) of the Higher Education Act of 

3 1965 (20 U.S.C. 1092(f)) is further amended— 

4 (1) by redesignating paragraphs (9) through 

5 (18) as paragraphs (10) through (19), respectively; 

6 and 

7 (2) by inserting after paragraph (8) the fol8 lowing: 

9 ‘‘(9)(A) Each institution of higher education 

10 participating in any program under this title, other 

11 than a foreign institution of higher education, shall, 

12 as part of the report described in paragraph (1)— 

13 ‘‘(i) develop and distribute a state14 ment of policy regarding harassment, 

15 which shall include— 

16 ‘‘(I) a prohibition of harass17 ment— 

18 ‘‘(aa) on campus; 

19 ‘‘(bb) in or on a noncampus 

20 building or property; 

21 ‘‘(cc) on public property; 

22 ‘‘(dd) in dormitories or other 

23 residential facilities for students 

24 on campus; 

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1 ‘‘(ee) through the use of 

2 electronic mail addresses issued 

3 by the institution of higher edu4 cation; 

5 ‘‘(ff) through the use of 

6 computers and communication 

7 networks, including any tele8 communications service, owned, 

9 operated, or contracted for use 

10 by the institution of higher edu11 cation or its agents; and 

12 ‘‘(gg) during an activity 

13 sponsored by the institution of 

14 higher education or carried out 

15 with the use of resources pro16 vided by the institution of higher 

17 education; 

18 ‘‘(II) a description of the institu19 tion’s programs to combat harass20 ment, which shall be aimed at the pre21 vention of harassment; 

22 ‘‘(III) a description of the proce23 dures that a student should follow if 

24 an incident of harassment occurs; and 

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1 ‘‘(IV) a description of the proce2 dures that the institution will follow 

3 once an incident of harassment has 

4 been reported, including a statement 

5 of the standard of evidence that will 

6 be used during any institutional con7 duct proceeding arising from such a 

8 report; and 

9 ‘‘(ii) provide, on a prominent location 

10 on the institution’s website, a link to the 

11 webpage that contains the information re12 quired under paragraph (1)(K), including 

13 statement notifying the public— 

14 ‘‘(I) of the availability of such in15 formation, including findings, sanc16 tions, and the implementation of sanc17 tions, except information protected 

18 under section 444 of the General 

19 Education Provisions Act (commonly 

20 known as the ‘Family Education 

21 Rights and Privacy Act of 1974’); 

22 ‘‘(II) a description of how a 

23 member of the public may obtain such 

24 information; and 

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1 ‘‘(III) a statement that the insti2 tution is required to provide such in3 formation pursuant to paragraph 

4 (1)(K). 

5 ‘‘(B) The statement of policy described in 

6 subparagraph (A)(i) shall address the following 

7 areas: 

8 ‘‘(i) Procedures for timely institu9 tional action in cases of alleged harass10 ment, which shall include a clear statement 

11 that the accuser and the accused shall be 

12 informed of the outcome of any discipli13 nary proceedings in response to an allega14 tion of harassment. 

15 ‘‘(ii) Possible sanctions to be imposed 

16 following the final determination of an in17 stitutional disciplinary procedure regarding 

18 harassment. 

19 ‘‘(iii) Notification of existing coun20 seling, mental health, or student services 

21 for victims or perpetrators of harassment, 

22 both on campus and in the community. 

23 ‘‘(iv) Identification of a designated 

24 employee or office at the institution that 

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1 will be responsible for receiving and track2 ing each report of harassment.’’. 

3 (c) CIVIL PENALTIES.—Section 485(f) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1092(f)) is further 

5 amended— 

6 (1) in paragraph (14), as redesignated by sub7 section (b)— 

8 (A) by striking ‘‘in the same amount and’’; 

9 and 

10 (B) by inserting before the period at the 

11 end the following: ‘‘, expect that such section 

12 shall be applied by substituting $100,000 for 

13 $25,000’’. 

14 (2) in paragraph (17), as redesignated by sub15 section (b), by adding ‘‘sexual harassment,’’ after 

16 ‘‘sexual assault,’’. 

17 SEC. 4610. ONLINE SURVEY TOOL FOR CAMPUS SAFETY. 

18 Section 485(f) of the Higher Education Act of 1965 

19 (20 U.S.C. 1092) is further amended— 

20 (1) by redesignating paragraphs (19) and (20) 

21 as so redesignated as paragraphs (20) and (21), re22 spectively; and 

23 (2) by inserting after paragraph (17) the fol24 lowing: 

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1 ‘‘(18) ONLINE SURVEY TOOL FOR CAMPUS

2 SAFETY.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall, 

4 in consultation with the Attorney General, Di5 rector of the Centers for Disease Control, and 

6 the Secretary of the Department of Health and 

7 Human Services and experts in domestic vio8 lence, dating violence, sexual assault, sexual 

9 harassment, and stalking, develop, design, and 

10 make available through a secure and accessible 

11 online portal, a standardized online survey tool 

12 regarding student experiences with domestic vi13 olence, dating violence, sexual assault, sexual 

14 harassment, and stalking. 

15 ‘‘(B) DEVELOPMENT OF SURVEY TOOL.— 

16 In developing the survey tool required under 

17 subparagraph (A), the Secretary shall— 

18 ‘‘(i) use best practices from peer-re19 viewed research measuring domestic vio20 lence, dating violence, sexual assault, sex21 ual harassment, and stalking; 

22 ‘‘(ii) consult with the higher education 

23 community, experts in survey research re24 lated to domestic violence, dating violence, 

25 sexual assault, sexual harassment, and 

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1 stalking, and organizations engaged in the 

2 prevention of and response to, and advo3 cacy on behalf of victims of, domestic vio4 lence, dating violence, sexual assault, sex5 ual harassment, and stalking regarding the 

6 development and design of such survey tool 

7 and the methodology for administration of 

8 such survey tool; and 

9 ‘‘(iii) ensure that the survey tool is 

10 readily accessible to and usable by individ11 uals with disabilities. 

12 ‘‘(C) ELEMENTS.— 

13 ‘‘(i) IN GENERAL.—The survey tool 

14 developed pursuant to this paragraph shall 

15 be fair and unbiased, scientifically valid 

16 and reliable, and meet the highest stand17 ards of survey research. 

18 ‘‘(ii) SURVEY QUESTIONS.—Survey 

19 questions included in the survey tool devel20 oped pursuant to this paragraph shall— 

21 ‘‘(I) be designed to gather infor22 mation on student experiences with 

23 domestic violence, dating violence, sex24 ual assault, sexual harassment, and 

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1 stalking, including the experiences of 

2 victims of such incidents; 

3 ‘‘(II) use trauma-informed lan4 guage to prevent retraumatization; 

5 and 

6 ‘‘(III) include the following: 

7 ‘‘(aa) Questions designed to 

8 determine the incidence and prev9 alence of domestic violence, dat10 ing violence, sexual assault, sex11 ual harassment, and stalking. 

12 ‘‘(bb) Questions regarding 

13 whether students know about in14 stitutional policies and proce15 dures related to domestic vio16 lence, dating violence, sexual as17 sault, sexual harassment, and 

18 stalking. 

19 ‘‘(cc) Questions designed to 

20 determine, if victims reported do21 mestic violence, dating violence, 

22 sexual assault, sexual harass23 ment, or stalking— 

24 ‘‘(AA) to whom the in25 cident was reported and 

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1 what response the victim 

2 may have received; 

3 ‘‘(BB) whether the vic4 tim was informed of, or re5 ferred to, national, State, 

6 local, or on-campus re7 sources; and 

8 ‘‘(CC) whether the enti9 ty to whom the victim re10 ported the incident con11 ducted an investigation and 

12 the duration and final reso13 lution of such an investiga14 tion. 

15 ‘‘(dd) Questions regarding 

16 contextual factors, such as 

17 whether force, incapacitation, or 

18 coercion was involved. 

19 ‘‘(ee) Questions to determine 

20 whether an accused individual 

21 was a student at the institution. 

22 ‘‘(ff) Questions to determine 

23 whether a victim reported an in24 cident to State, local, or campus 

25 law enforcement. 

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1 ‘‘(gg) Questions to deter2 mine why the victim chose to re3 port or not report an incident to 

4 the institution or State, local, or 

5 campus law enforcement. 

6 ‘‘(hh) Questions to deter7 mine the impact of domestic vio8 lence, dating violence, sexual as9 sault, sexual harassment, and 

10 stalking on the victim’s edu11 cation, including diminished 

12 grades, dropped classes, leaves of 

13 absence, and negative financial 

14 consequences (such as costs asso15 ciated with loss in paid tuition 

16 due to leaves of absence, loss in 

17 scholarship awards due to dimin18 ished grades, and cost associated 

19 with counseling, medical services, 

20 or housing changes). 

21 ‘‘(ii) Questions to determine 

22 the impact and effectiveness of 

23 prevention and awareness pro24 grams and complaints processes. 

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1 ‘‘(jj) Questions to determine 

2 attitudes toward sexual violence 

3 and harassment, including the 

4 willingness of individuals to inter5 vene as a bystander of sex-based 

6 (including sexual orientation7 based and gender identity-based), 

8 race-based, national origin-based, 

9 and disability-based discrimina10 tion, harassment, assault, domes11 tic violence, dating violence, sex12 ual assault, sexual harassment, 

13 and stalking. 

14 ‘‘(kk) Other questions, as 

15 determined by the Secretary. 

16 ‘‘(iii) ADDITIONAL ELEMENTS.—In 

17 addition to the standardized questions de18 veloped by the Secretary under clause (ii), 

19 an institution may request additional infor20 mation from students that would increase 

21 the understanding of the institution of 

22 school climate factors unique to their cam23 puses. 

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1 ‘‘(iv) RESPONSES.—The responses to 

2 the survey questions described in clause 

3 (ii) shall— 

4 ‘‘(I) be submitted confidentially; 

5 ‘‘(II) not be included in crime 

6 statistics; and 

7 ‘‘(III) in the case of such re8 sponses being included in a report, 

9 shall not include personally identifi10 able information. 

11 ‘‘(D) ADMINISTRATION OF SURVEY.— 

12 ‘‘(i) FEDERAL ADMINISTRATION.— 

13 The Secretary, in consultation with the At14 torney General, Director of the Centers for 

15 Disease Control, and Secretary of the De16 partment of Health and Human Services, 

17 shall develop a mechanism by which insti18 tutions of higher education may, with re19 spect to the survey tool developed pursuant 

20 to this paragraph— 

21 ‘‘(I) administer such survey tool; 

22 and 

23 ‘‘(II) modify such survey tool to 

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1 ments, as determined by the institu2 tion. 

3 ‘‘(ii) COSTS.—The Secretary may not 

4 require an institution of higher education 

5 to pay to modify the survey tool in accord6 ance with clause (ii)(II). 

7 ‘‘(iii) ACCESSIBILITY.—The Secretary 

8 shall ensure that the survey tool is admin9 istered in such a way as to be readily ac10 cessible to and usable by individuals with 

11 disabilities. 

12 ‘‘(iv) INSTITUTIONAL ADMINISTRA13 TION.—Beginning not later than one year 

14 after the date on which the Secretary 

15 makes available to institutions the mecha16 nism described in clause (i), and every 2 

17 years thereafter, each institution shall ad18 minister the survey tool developed pursu19 ant to this paragraph. 

20 ‘‘(E) COMPLETED SURVEYS.—The Sec21 retary shall require each institution partici22 pating in any program under this title to en23 sure, to the maximum extent practicable, that 

24 an adequate, random, and representative sam25 ple size of students (as determined by the SecVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00673 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 retary) enrolled at the institution complete the 

2 survey tool developed pursuant to this para3 graph. 

4 ‘‘(F) REPORT.—Beginning not later than 

5 2 years after the date of enactment of the Col6 lege Affordability Act, the Secretary shall pre7 pare a biennial report on the information 

8 gained from the standardized elements of the 

9 survey under this paragraph and publish such 

10 report in an accessible format on the website of 

11 the Department and submit such report to Con12 gress. The report shall include campus-level 

13 data for each school and attributed by name of 

14 each campus in a manner that permits compari15 sons across schools and campuses. 

16 ‘‘(G) PUBLICATION.—Each institution 

17 shall publish, in a manner that is readily acces18 sible and usable by individuals, including indi19 viduals with disabilities— 

20 ‘‘(i) the campus-level results of the 

21 standardized elements of the survey under 

22 this paragraph on the website of the insti23 tution and in the annual security report re24 quired under paragraph 1 for the cam25 puses affiliated with the institution; and 

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1 ‘‘(ii) the campus-level results of the 

2 additional elements modifying the survey 

3 by the institution, if any, on the website of 

4 the institution. 

5 ‘‘(H) VIOLATION.—Upon a determination 

6 pursuant to section 487(c)(3)(B) that an insti7 tution of higher education has violated or failed 

8 to carry out any provision under this sub9 section, the Secretary shall impose a civil pen10 alty upon the institution in the same amount 

11 and pursuant to the same procedures as a civil 

12 penalty is imposed under section 

13 487(c)(3)(B).’’. 

14 SEC. 4611. TRANSFER OF CREDIT POLICIES. 

15 Section 485(h)(1) of the Higher Education Act of 

16 1965 (20 U.S.C. 1092(h)(1)) is amended— 

17 (1) in the matter preceding subparagraph (A)— 

18 (A) by inserting ‘‘on the website of the in19 stitution and in at least one other relevant pub20 lication (such as a course catalogue)’’ after 

21 ‘‘publicly disclose’’; and 

22 (B) by inserting ‘‘, easy to find,’’ after 

23 ‘‘readable’’; and 

24 (2) in subparagraph (B), by striking the period 

25 at the end and inserting the following: ‘‘, including 

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1 a link to the website of each institution of higher 

2 education on such list and a link to or an expla3 nation of the provisions of each such articulation 

4 agreement; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(C) a list of transfer-related resources 

7 and information not otherwise provided under 

8 subparagraphs (A) and (B) that the institution 

9 provides (such as deadlines, financial aid infor10 mation, and relevant staff contact informa11 tion).’’. 

12 SEC. 4612. AMENDMENTS TO INSTITUTIONAL AND FINAN13 CIAL ASSISTANCE. 

14 (a) NOTICE TO STUDENTS CONCERNING DRUG VIO15 LATIONS.—Subsection (k) of section 485 (20 U.S.C. 

16 1092) is repealed. 

17 (b) LIAISON FOR HOMELESS INDIVIDUALS AND FOS18 TER CARE YOUTH.—Section 485 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1092) is amended by inserting 

20 after subsection (j) the following: 

21 ‘‘(k) Each institution of higher education partici22 pating in any program under this title shall— 

23 ‘‘(1) have designated an appropriate staff per24 son as a liaison to assist homeless individuals de25 scribed in section 725 of the McKinney-Vento 

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1 Homeless Assistance Act (42 U.S.C. 11434a) and 

2 foster care youth in accessing and completing post3 secondary education, including by ensuring that such 

4 homeless individuals and foster care youth are con5 nected to applicable and available student support 

6 services, programs, and community resources in 

7 areas such as financial aid, academic advising, hous8 ing, food, public benefits, health care, health insur9 ance, mental health, child care, transportation bene10 fits, and mentoring; 

11 ‘‘(2) post public notice about student financial 

12 assistance and other assistance available to such 

13 homeless individuals and foster care youth, including 

14 their eligibility as independent students under sub15 paragraphs (B) and (H) of sections 480(d)(1); 

16 ‘‘(3) give priority for any institutionally owned 

17 or operated housing facilities, including student 

18 housing facilities that remain open for occupation 

19 during school breaks or on a year-round basis, to— 

20 ‘‘(A) homeless individuals described in sec21 tion 725 of the McKinney-Vento Homeless As22 sistance Act (42 U.S.C. 11434a); 

23 ‘‘(B) youth who are unaccompanied, at 

24 risk of homelessness, and self-supporting; and 

25 ‘‘(C) foster care youth; 

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1 ‘‘(4) have developed a plan for how such home2 less individuals, youth who are unaccompanied, at 

3 risk of homelessness, and self-supporting, and foster 

4 care youth can access housing resources during and 

5 between academic terms, through means that may 

6 include access to institutionally owned or operated 

7 housing during breaks and a list of housing re8 sources in the community that provide short-term 

9 housing; and 

10 ‘‘(5) include, in its application for admission, 

11 questions (to be answered voluntarily) regarding the 

12 applicant’s status as a homeless individual or foster 

13 care youth, that— 

14 ‘‘(A) can be answered by the applicant vol15 untarily for the limited purpose of being pro16 vided information about financial aid or any 

17 other available assistance; 

18 ‘‘(B) explain the key terms in the question 

19 in a manner children and youth can understand 

20 in order to self-identify and declare eligibility as 

21 a homeless individual or foster care youth; and 

22 ‘‘(C) with consent of the applicant, may be 

23 shared with the liaison after admission but 

24 prior to the beginning of the next academic 

25 term.’’. 

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1 (c) ANNUAL FINANCIAL AID COUNSELING.—Section 

2 485(l) of the Higher Education Act of 1965 (20 U.S.C. 

3 1092(l)) is amended to read as follows: 

4 ‘‘(l) ANNUAL FINANCIAL AID COUNSELING.— 

5 ‘‘(1) ANNUAL DISCLOSURE REQUIRED.— 

6 ‘‘(A) IN GENERAL.—Each eligible institu7 tion shall ensure that each individual who re8 ceives a loan made under part D (other than a 

9 Federal Direct Consolidation Loan or a loan 

10 made under section 460A and 460B) receives 

11 comprehensive information on the terms and 

12 conditions of such loan and the responsibilities 

13 the individual has with respect to such loan. 

14 Such information shall be provided, for each 

15 award year for which the individual receives 

16 such loan, in a simple and understandable man17 ner— 

18 ‘‘(i) during a counseling session con19 ducted in person; 

20 ‘‘(ii) online, with the individual ac21 knowledging receipt of the information; or 

22 ‘‘(iii) through the use of the online 

23 counseling tool described in subsection 

24 (n)(1)(B). 

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1 ‘‘(B) USE OF INTERACTIVE PROGRAMS.— 

2 In the case of institutions not using the online 

3 counseling tool described in subsection 

4 (n)(1)(B), the Secretary shall require such in5 stitutions to carry out the requirements of sub6 paragraph (A) through the use of interactive 

7 programs, during an annual counseling session 

8 that is in-person or online, that tests the indi9 vidual’s understanding of the terms and condi10 tions of the loan awarded to the individual, 

11 using simple and understandable language and 

12 clear formatting. 

13 ‘‘(2) ALL INDIVIDUALS.—The information to be 

14 provided under paragraph (1)(A) to each individual 

15 receiving counseling under this subsection shall in16 clude the following: 

17 ‘‘(A) An explanation of how the individual 

18 may budget for typical educational expenses 

19 and a sample budget based on the cost of at20 tendance for the institution. 

21 ‘‘(B) An explanation that an individual has 

22 a right to annually request a disclosure of infor23 mation collected by a consumer reporting agen24 cy pursuant to section 612(a) of the Fair Credit 

25 Reporting Act (15 U.S.C. 1681j(a)). 

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1 ‘‘(C) An introduction to the financial man2 agement resources provided by the Consumer 

3 Financial Protection Bureau. 

4 ‘‘(3) BORROWERS RECEIVING LOANS MADE

5 UNDER PART D (OTHER THAN PARENT PLUS

6 LOANS).—The information to be provided under 

7 paragraph (1)(A) to a borrower of a loan made 

8 under part D (other than a Federal Direct PLUS 

9 Loan made on behalf of a dependent student) shall 

10 include the following: 

11 ‘‘(A) A notification that some students 

12 may qualify for other financial aid and an ex13 planation that the borrower should consider ac14 cepting any grant, scholarship, or State or Fed15 eral work-study jobs for which the borrower is 

16 eligible prior to accepting student loans. 

17 ‘‘(B) To the extent practicable, the effect 

18 of accepting the loan to be disbursed on the eli19 gibility of the borrower for other forms of stu20 dent financial assistance. 

21 ‘‘(C) An explanation of the use of the stu22 dent loan contract referred to in section 

23 432(m)(1)(D). 

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1 ‘‘(D) An explanation that the borrower is 

2 not required to accept the full amount of the 

3 loan offered to the borrower. 

4 ‘‘(E) An explanation of the approved edu5 cational expenses for which the borrower may 

6 use a loan made under part D. 

7 ‘‘(F) A recommendation to the borrower to 

8 exhaust the borrower’s Federal student loan op9 tions prior to taking out private education 

10 loans, an explanation that Federal student 

11 loans typically offer better terms and conditions 

12 than private education loans, an explanation 

13 that Federal student loans offer consumer pro14 tections typically not available in the private 

15 education loan market, an explanation of treat16 ment of loans made under part D and private 

17 education loans in bankruptcy, and an expla18 nation that if a borrower decides to take out a 

19 private education loan— 

20 ‘‘(i) the borrower has the ability to se21 lect a private educational lender of the bor22 rower’s choice; 

23 ‘‘(ii) the proposed private education 

24 loan may impact the borrower’s potential 

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1 cluding Federal financial assistance under 

2 this title; and 

3 ‘‘(iii) the borrower has a right— 

4 ‘‘(I) to accept the terms of the 

5 private education loan within 30 cal6 endar days following the date on 

7 which the application for such loan is 

8 approved and the borrower receives 

9 the required disclosure documents, 

10 pursuant to section 128(e) of the 

11 Truth in Lending Act (15 U.S.C. 

12 1638(e)); and 

13 ‘‘(II) to cancel such loan within 3 

14 business days of the date on which the 

15 loan is consummated, pursuant to sec16 tion 128(e)(7) of such Act (15 U.S.C. 

17 1638(e)(7)). 

18 ‘‘(G) The interest rate for the loan, as of 

19 the date of the counseling. 

20 ‘‘(H) Information on how interest accrues 

21 and is capitalized during periods when the in22 terest is not paid by either the borrower or the 

23 Secretary. 

24 ‘‘(I) In the case of a Federal Direct PLUS 

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1 ford Loan, the option of the borrower to pay 

2 the interest while the borrower is in school. 

3 ‘‘(J) The definition of half-time enrollment 

4 at the institution, during regular terms and 

5 summer school, if applicable, and the con6 sequences of not maintaining at least half-time 

7 enrollment. 

8 ‘‘(K) An explanation of the importance of 

9 contacting the appropriate offices at the institu10 tion of higher education if the borrower with11 draws prior to completing the borrower’s pro12 gram of study so that the institution can pro13 vide exit counseling, including information re14 garding the borrower’s repayment options and 

15 loan consolidation. 

16 ‘‘(L) The obligation of the borrower to 

17 repay the full amount of the loan, regardless of 

18 whether the borrower completes or does not 

19 complete the program in which the borrower is 

20 enrolled within the regular time for program 

21 completion. 

22 ‘‘(M) The likely consequences of default on 

23 the loan, including adverse credit reports, delin24 quent debt collection procedures under Federal 

25 law, and litigation. 

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1 ‘‘(N) Notice of the institution’s most re2 cent adjusted cohort default rate (calculated in 

3 accordance with section 435(m)(1)(D)), an ex4 planation of the adjusted cohort default rate, 

5 the most recent national average adjusted co6 hort default rate, and the most recent national 

7 average adjusted cohort default rate for the cat8 egory of institution described in section 

9 435(m)(4) to which the institution belongs. 

10 ‘‘(O) Information on the National Student 

11 Loan Data System and how the borrower can 

12 access the borrower’s records. 

13 ‘‘(P) The contact information for the insti14 tution’s financial aid office or other appropriate 

15 office at the institution the borrower may con16 tact if the borrower has any questions about the 

17 borrower’s rights and responsibilities or the 

18 terms and conditions of the loan. 

19 ‘‘(Q) For a first-time borrower, in addition 

20 to all the information described in subpara21 graphs (A) through (P)— 

22 ‘‘(i) a statement of the anticipated 

23 balance on the loan for which the borrower 

24 is receiving counseling under this sub25 section; 

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1 ‘‘(ii) based on such anticipated bal2 ance, the anticipated monthly payment 

3 amount under, at minimum— 

4 ‘‘(I) the fixed repayment plan de5 scribed in section 493E; and 

6 ‘‘(II) the income-based repay7 ment plan under section 493C(f), as 

8 determined using regionally available 

9 data from the Bureau of Labor Sta10 tistics of the average starting salary 

11 for the occupation in which the bor12 rower has an interest in or intends to 

13 be employed; 

14 ‘‘(iii) an estimate of the projected 

15 monthly payment amount under each re16 payment plan described in clause (ii), 

17 based on the average cumulative indebted18 ness at graduation for borrowers of loans 

19 made under part D who are in the same 

20 program of study as the borrower and the 

21 expected increase in the cost of attendance 

22 of such program; and 

23 ‘‘(iv) information on the annual and 

24 aggregate loan limits for Federal Direct 

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1 sidized Stafford Loans as it pertains to the 

2 loan for which the borrower is receiving 

3 counseling, and a statement that such ag4 gregate borrowing limit may change based 

5 on the borrower’s student status (whether 

6 undergraduate or graduate) or if there is a 

7 change in the borrower’s dependency sta8 tus. 

9 ‘‘(R) For a borrower with an outstanding 

10 balance of principal or interest due on a loan 

11 made under this title, in addition to all the in12 formation described in subparagraphs (A) 

13 through (P)— 

14 ‘‘(i) information on each student loan 

15 that the institution is aware that the stu16 dent has borrowed, including Federal 

17 loans, private loans, and loans from the in18 stitution; 

19 ‘‘(ii) the total amount of the out20 standing balance and interest accrued from 

21 the Federal student loans described in 

22 clause (i); 

23 ‘‘(iii) for each Federal loan described 

24 in clause (i), the interest rate for the loan, 

25 as of the date of the counseling, and a 

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1 statement that the interest rate on student 

2 loans may vary based on when the loan 

3 was borrowed and other factors; 

4 ‘‘(iv) based on such outstanding bal5 ance for the Federal student loans, the an6 ticipated monthly payment amount under 

7 the fixed repayment plan described in sec8 tion 493E, the income-based repayment 

9 plan under section 493C(f), and any other 

10 repayment plan for which each loan may 

11 be eligible, calculated using regionally 

12 available data from the Bureau of Labor 

13 Statistics of the average starting salary for 

14 the occupation the borrower intends to be 

15 employed; 

16 ‘‘(v) an estimate of the projected 

17 monthly payment amount under each re18 payment plan described in clause (iv), 

19 based on— 

20 ‘‘(I) the outstanding balance de21 scribed in clause (ii); 

22 ‘‘(II) the anticipated outstanding 

23 balance on the loan for which the stu24 dent is receiving counseling under this 

25 subsection; and 

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1 ‘‘(III) a projection for any other 

2 loans made under part D that the 

3 borrower is reasonably expected to ac4 cept during the borrower’s program of 

5 study based on at least the average 

6 cumulative indebtedness at graduation 

7 for borrowers of loans made under 

8 part D who are in the same program 

9 of study as the borrower and the ex10 pected increase in the cost of attend11 ance of such program; 

12 ‘‘(vi) a statement that the outstanding 

13 balance described in clause (ii), the interest 

14 rate described in clause (iii), and the 

15 monthly amount described in clause (iv) 

16 and clause (v) does not include any 

17 amounts that the student may be required 

18 to repay for private or institutional loans; 

19 and 

20 ‘‘(vii) the percentage of the total ag21 gregate borrowing limit that the student 

22 has reached, as of the date of the coun23 seling, for Federal Direct Stafford Loans 

24 and Federal Direct Unsubsidized Stafford 

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1 gate borrowing limit may change based on 

2 the borrower’s student status (whether un3 dergraduate or graduate) or if there is a 

4 change in the borrower’s dependency sta5 tus. 

6 ‘‘(4) BORROWERS RECEIVING PARENT PLUS

7 LOANS FOR DEPENDENT STUDENTS.—The informa8 tion to be provided under paragraph (1)(A) to a bor9 rower of a Federal Direct PLUS Loan made on be10 half of a dependent student shall include the fol11 lowing: 

12 ‘‘(A) A notification that some students 

13 may qualify for other financial aid and an ex14 planation that the student for whom the bor15 rower is taking out the loan should consider ac16 cepting any grant, scholarship, or State or Fed17 eral work-study jobs for which the borrower is 

18 eligible prior to borrowing Parent PLUS Loans. 

19 ‘‘(B) The information described in sub20 paragraphs (B) through (D) and (L) through 

21 (O) of paragraph (3). 

22 ‘‘(C) The interest rate for the loan, as of 

23 the date of the counseling. 

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1 ‘‘(D) The option of the borrower to pay the 

2 interest on the loan while the loan is in 

3 deferment. 

4 ‘‘(E) Debt management strategies that are 

5 designed to facilitate the repayment of such in6 debtedness. 

7 ‘‘(F) An explanation that the borrower has 

8 the options to prepay each loan, pay each loan 

9 on a shorter schedule, and change repayment 

10 plans. 

11 ‘‘(G) For each Federal Direct PLUS Loan 

12 made on behalf of a dependent student for 

13 which the borrower is receiving counseling 

14 under this subsection, the contact information 

15 for the loan servicer of the loan and a link to 

16 such servicer’s Website. 

17 ‘‘(H) For a first-time borrower of such 

18 loan— 

19 ‘‘(i) a statement of the anticipated 

20 balance on the loan for which the borrower 

21 is receiving counseling under this sub22 section; 

23 ‘‘(ii) based on such anticipated bal24 ance, the anticipated monthly payment 

25 amount under the fixed repayment plan 

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1 described in section 493E, the income2 based repayment plan under section 

3 493C(f), and any other repayment plan for 

4 which each loan may be eligible; and 

5 ‘‘(iii) an estimate of the projected 

6 monthly payment amount under the fixed 

7 repayment plan described in section 493E, 

8 the income-based repayment plan under 

9 section 493C(f), and any other repayment 

10 plan for which each loan may be eligible, 

11 based on the average cumulative indebted12 ness of other borrowers of Federal Direct 

13 PLUS Loans made on behalf of dependent 

14 students who are in the same program of 

15 study as the student on whose behalf the 

16 borrower borrowed the loan and the ex17 pected increase in the cost of attendance of 

18 such program. 

19 ‘‘(I) For a borrower with an outstanding 

20 balance of principal or interest due on such 

21 loan— 

22 ‘‘(i) a statement of the amount of 

23 such outstanding balance; 

24 ‘‘(ii) based on such outstanding bal25 ance, the anticipated monthly payment 

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1 amount under the fixed repayment plan 

2 described in section 493E, the income3 based repayment plan under section 

4 493C(f), and any other repayment plan for 

5 which each loan may be eligible; and 

6 ‘‘(iii) an estimate of the projected 

7 monthly payment amount under the fixed 

8 and income-based repayment plans, based 

9 on— 

10 ‘‘(I) the anticipated outstanding 

11 balance on the loan for which the bor12 rower is receiving counseling under 

13 this subsection; and 

14 ‘‘(II) a projection for any other 

15 Federal Direct PLUS Loan made on 

16 behalf of the dependent student that 

17 the borrower is reasonably expected to 

18 accept during the program of study of 

19 such student based on at least the av20 erage cumulative indebtedness of 

21 other borrowers of Federal Direct 

22 PLUS Loans made on behalf of de23 pendent students who are in the same 

24 program of study as the student on 

25 whose behalf the borrower borrowed 

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1 the loan and the expected increase in 

2 the cost of attendance of such pro3 gram. 

4 ‘‘(5) ANNUAL LOAN ACCEPTANCE.—Prior to 

5 making the first disbursement of a loan made under 

6 part D (other than a Federal Direct Consolidation 

7 Loan or a loan made under section 460A and 460B) 

8 to a borrower for an award year, an eligible institu9 tion, shall, as part of carrying out the counseling re10 quirements of this subsection for the loan, ensure 

11 that after receiving the applicable counseling under 

12 paragraphs (2), (3), and (4) for the loan the bor13 rower accepts the loan for such award year by— 

14 ‘‘(A) signing and returning to the institu15 tion the student loan contract for the loan re16 ferred to in section 432(m)(1)(D) that affirma17 tively states that the borrower accepts the loan; 

18 or 

19 ‘‘(B) electronically signing an electronic 

20 version of the student loan contract described in 

21 subparagraph (A).’’. 

22 (d) ONLINE COUNSELING TOOLS.—Section 485 of 

23 the Higher Education Act of 1965 (20 U.S.C. 1092), as 

24 amended by this section, is further amended by adding 

25 at the end the following: 

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1 ‘‘(n) ONLINE COUNSELING TOOLS.— 

2 ‘‘(1) IN GENERAL.—Beginning not later than 

3 18 months after the date of enactment of the Col4 lege Affordability Act, the Secretary shall main5 tain— 

6 ‘‘(A) an online counseling tool that pro7 vides the exit counseling required under sub8 section (b) and meets the applicable require9 ments of this subsection; and 

10 ‘‘(B) an online counseling tool that pro11 vides the annual counseling required under sub12 section (l) and meets the applicable require13 ments of this subsection. 

14 ‘‘(2) REQUIREMENTS OF TOOLS.—In developing 

15 and maintaining the online counseling tools de16 scribed in paragraph (1), the Secretary shall ensure 

17 that each such tool is— 

18 ‘‘(A) consumer tested, in consultation with 

19 other relevant Federal agencies and including 

20 students (low-income students and student vet21 erans, and students’ families) and borrowers, 

22 institutions of higher education, secondary 

23 school and postsecondary counselors, and non24 profit consumer groups, to ensure that the tool 

25 is effective in helping individuals understand 

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1 their options, rights, and obligations with re2 spect to borrowing a loan made under part D; 

3 and 

4 ‘‘(B) freely available to all eligible institu5 tions. 

6 ‘‘(3) RECORD OF COUNSELING COMPLETION.— 

7 The Secretary shall— 

8 ‘‘(A) use each online counseling tool de9 scribed in paragraph (1) to keep a record of 

10 which individuals have received counseling using 

11 the tool, and notify the applicable institutions 

12 of the individual’s completion of such coun13 seling; 

14 ‘‘(B) in the case of a borrower who re15 ceives annual counseling for a loan made under 

16 part D using the tool described in paragraph 

17 (1)(B), notify the borrower by when the bor18 rower should accept, in a manner described in 

19 subsection (l)(5), the loan for which the bor20 rower has received such counseling; and 

21 ‘‘(C) in the case of a borrower described in 

22 subsection (b)(1)(B) at an institution that uses 

23 the online counseling tool described in para24 graph (1)(A) of this subsection, the Secretary 

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1 scribed in subsection (b)(1)(A) to the borrower 

2 through such tool.’’. 

3 (e) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO

4 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 

5 Section 485 of the Higher Education Act of 1965 (20 

6 U.S.C. 1092), as amended by this section, is further 

7 amended by adding at the end the following: 

8 ‘‘(o) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO

9 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 

10 Each institution of higher education participating in any 

11 program under this title that requests, receives, or exer12 cises or intends to exercise a religious exemption to the 

13 requirements of title IX of the Education Amendments of 

14 1972 (20 U.S.C. 1681 et seq.) shall submit in writing to 

15 the Assistant Secretary for Civil Rights a statement by 

16 the highest ranking official of the institution, identifying 

17 the provisions of part 106 of title 34 of the Code of Fed18 eral Regulations that conflict with a specific tenet of the 

19 religious organization and shall publish on its website, in 

20 a prominent location, the following: 

21 ‘‘(1) REQUEST LETTER.—Each letter submitted 

22 by the educational institution to the Department to 

23 request such an exemption. 

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1 ‘‘(2) EXEMPTION LETTER.—Each letter from 

2 the Department to the educational institution that 

3 grants or denies such an exemption. 

4 ‘‘(3) NOTICE OF REQUEST.—Notice that the 

5 educational institution has requested an exemption 

6 under section 901(a)(3) of the Education Amend7 ments of 1972 (20 U.S.C. 1681(a)(3)). 

8 ‘‘(4) NOTICE OF EXEMPTION.—If applicable, 

9 notice that the educational institution has received 

10 an exemption under section 901(a)(3) of the Edu11 cation Amendments of 1972 (20 U.S.C. 1681(a)(3)). 

12 ‘‘(5) COVERED PERSONAL CHARACTERISTICS OR

13 BEHAVIORS.—A list of the personal characteristics 

14 or behaviors to which each requested or granted ex15 emption applies. 

16 ‘‘(6) COVERED ACTIVITIES OR PROGRAMS.—A 

17 list of the activities or programs to which each ex18 emption applies. 

19 ‘‘(7) STATEMENT OF RIGHTS.—The statement 

20 ‘Students continue to have rights under title IX of 

21 the Education Amendments of 1972. Any student 

22 who experiences discrimination may contact the Of23 fice for Civil Rights at the United States Depart24 ment of Education at lllll or lllll.’, 

25 with the first blank space being filled with a link to 

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1 the website of the Office for Civil Rights and the 

2 second blank space being filled with the telephone 

3 number of the Office for Civil Rights.’’. 

4 (f) EXPECTANT AND PARENTING STUDENTS POLI5 CIES.—Section 485 of the Higher Education Act of 1965 

6 (20 U.S.C. 1092), as amended by this section, is further 

7 amended by adding at the end the following: 

8 ‘‘(p) EXPECTANT AND PARENTING STUDENTS POLI9 CIES.—Each institution of higher education participating 

10 in any program under this title shall develop and make 

11 available, including on the institution’s website, a state12 ment of policy concerning expectant and parenting stu13 dents, which shall include, at a minimum— 

14 ‘‘(1) the institution’s policy regarding leaves of 

15 absence related to pregnancy (and related medical 

16 conditions), and the birth or adoption of a child, 

17 which shall include— 

18 ‘‘(A) any policies related to the availability 

19 of parental leave; 

20 ‘‘(B) options, including time requirements, 

21 for making up missed work for students who 

22 take a leave of absence; and 

23 ‘‘(2) information regarding lactation accom24 modations available to students; 

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1 ‘‘(3) a description of the process for requesting 

2 accommodations, and the type of accommodations 

3 available to expectant and parenting students, in4 cluding— 

5 ‘‘(A) information on accommodations for 

6 pregnancy-related medical conditions; and 

7 ‘‘(B) information on accommodations for 

8 students who have parental responsibilities; 

9 ‘‘(4) information regarding financial aid eligi10 bility for expectant and parenting students, includ11 ing— 

12 ‘‘(A) the availability of dependent care al13 lowances for a parenting student for the pur14 poses of determining the student’s cost of at15 tendance; 

16 ‘‘(B) the ability to change dependency sta17 tus, including during an award year, following 

18 the birth of a child; and 

19 ‘‘(C) an explanation of the effect that a 

20 leave of absence may have on a student’s dem21 onstration of satisfactory academic progress, in22 cluding for the purposes of eligibility to partici23 pate in financial aid programs under this title; 

24 ‘‘(5) information on available student support 

25 services, programs, and community resources, such 

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1 as academic advising, child care (including child care 

2 subsidy and assistance programs), housing (includ3 ing housing subsidies and utility assistance pro4 grams), food (including food assistance programs), 

5 public benefits, health care, health insurance, mental 

6 health, transportation benefits, mentoring, and other 

7 services available for expectant and parenting stu8 dents, both on-campus and in the community, and 

9 under local, State, and Federal law; 

10 ‘‘(6) information regarding the availability of 

11 on-campus housing that permits students to live 

12 with dependents; 

13 ‘‘(7) information on the rights and protections 

14 that are guaranteed to expectant and parenting stu15 dents under applicable Federal and State laws; 

16 ‘‘(8) the institution’s procedures for addressing 

17 complaints under title IX of the Education Amend18 ments of 1972 (20 U.S.C. 1681 et seq.), including 

19 procedures for reporting complaints under such title; 

20 ‘‘(9) the institution’s procedures for addressing 

21 complaints alleging discrimination based on a preg22 nancy-related disability under section 504 of the Re23 habilitation Act of 1973 (29 U.S.C. 701 et seq.) or 

24 the Americans with Disabilities Act of 1990 (42 

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1 U.S.C. 12101 et seq.), including procedures for re2 porting complaints under such laws; and 

3 ‘‘(10) the contact information for the institu4 tion’s Office of Accessibility, the institution’s Title 

5 IX coordinator, and any other relevant staff mem6 bers who serve as a point of contact for, or offer 

7 services available to, expectant and parenting stu8 dents.’’. 

9 SEC. 4613. INFORMATION WITH RESPECT TO CRIME STATIS10 TICS FOR PROGRAMS OF STUDY ABROAD. 

11 Part G of title IV of the Higher Education Act of 

12 1965 (20 U.S.C. 1088 et seq.), as amended by the pre13 ceding sections, is further amended by inserting after sec14 tion 485E (20 U.S.C. 1092f) the following: 

15 ‘‘SEC. 485F. INFORMATION WITH RESPECT TO CRIME STA16 TISTICS FOR PROGRAMS OF STUDY ABROAD. 

17 ‘‘(a) IN GENERAL.—Each institution participating in 

18 any program under this title, other than a foreign institu19 tion of higher education, shall develop and distribute a 

20 statement of policy with respect to students participating 

21 in a program of study abroad approved for credit by the 

22 institution concerning crime and harm that may occur 

23 while participating in such program of study abroad that, 

24 at a minimum, includes a biennial review by the institution 

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1 of the programs of study abroad approved for credit by 

2 the institution to determine— 

3 ‘‘(1) the effectiveness of the programs at pro4 tecting students from crime and harm, and whether 

5 changes to the programs are needed (based on the 

6 most recent guidance or other assistance from the 

7 Secretary) and will be implemented; 

8 ‘‘(2) for the 5 years preceding the date of the 

9 report, the number (in the aggregate for all pro10 grams of study abroad approved for credit by the in11 stitution) of— 

12 ‘‘(A) deaths of program participants occur13 ring during program participation or during 

14 any other activities during the study abroad pe15 riod; 

16 ‘‘(B) sexual assaults against program par17 ticipants occurring during program participa18 tion and reported to the institution; 

19 ‘‘(C) accidents and illnesses occurring dur20 ing program participation that resulted in hos21 pitalization and were reported to the institution; 

22 and 

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1 sulted in police involvement or a police report 

2 and were reported to the institution; and 

3 ‘‘(3) with respect to the incidents described in 

4 subparagraphs (A) and (B) of paragraph (2), wheth5 er the incidents occurred— 

6 ‘‘(A) on campus; 

7 ‘‘(B) in or on noncampus buildings or 

8 property; 

9 ‘‘(C) on public property; 

10 ‘‘(D) in dormitories or other residential fa11 cilities for students on campus; or 

12 ‘‘(E) at a location not described in items 

13 (A) through (D) of this clause, without regard 

14 to whether the institution owns or controls a 

15 building or property at the location. 

16 ‘‘(b) OTHER DUTIES.—An institution of higher edu17 cation described in subsection (a) shall— 

18 ‘‘(1) provide each student who is interested in 

19 participating in a program of study abroad approved 

20 for credit by the institution, with an orientation ses21 sion and advising that includes— 

22 ‘‘(A) a list of countries in which such pro23 grams of study abroad are located; 

24 ‘‘(B) all current travel information, includ25 ing all travel warnings and travel alerts, issued 

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1 by the Bureau of Consular Affairs of the De2 partment of State for such countries; and 

3 ‘‘(C) the information described in para4 graph (a), provided specifically for each pro5 gram of study abroad approved for credit by 

6 the institution in which the student is consid7 ering participation; and 

8 ‘‘(2) provide each student who returns from 

9 such a program of study abroad with a post-trip de10 briefing session, including an exit interview that as11 sists the institution in carrying out subsection (a). 

12 ‘‘(c) LIMITATIONS.—An institution of higher edu13 cation shall not disaggregate or otherwise distinguish in14 formation for purposes of subsection (a) or (b) in a case 

15 in which the number of students in a category is insuffi16 cient to yield statistically reliable information or the re17 sults would reveal personally identifiable information 

18 about an individual student. 

19 ‘‘(d) REVIEW.—The Secretary shall periodically re20 view a representative sample of the policies described in 

21 subsection (a) that have been adopted by institutions of 

22 higher education. 

23 ‘‘(e) DEFINITION.—For the purpose of this section, 

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1 erty’, and ‘public property’ shall have the same meaning 

2 as in section 485(f)(6).’’. 

3 SEC. 4614. REMEDIAL EDUCATION GRANTS. 

4 Part G of title IV of the Higher Education Act of 

5 1965 (20 U.S.C. 1088 et seq.), as amended by the pre6 ceding sections, is further amended by inserting after sec7 tion 486A (20 U.S.C. 1093a) the following: 

8 ‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 

9 ‘‘(a) GRANTS AUTHORIZED.— 

10 ‘‘(1) IN GENERAL.—From the funds appro11 priated under subsection (k) (and not reserved under 

12 subsection (c)(4)), the Secretary, in consultation 

13 with the Director of the Institute of Education 

14 Sciences, shall award grants, on a competitive basis, 

15 to eligible entities to improve remedial education in 

16 higher education. 

17 ‘‘(2) DURATION.—A grant under this section 

18 shall be awarded for a period of 5 years. 

19 ‘‘(3) MINIMUM AWARDS.—The total amount of 

20 funds provided under each grant awarded under this 

21 section shall not be less than $500,000. 

22 ‘‘(b) APPLICATION.—An eligible entity that desires to 

23 receive a grant under this section shall submit an applica24 tion to the Secretary at such time, in such manner, and 

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1 accompanied by such information as the Secretary may 

2 require, which shall include the following: 

3 ‘‘(1) A description of how the eligible entity will 

4 use the grant funds to develop or improve a remedial 

5 education program that includes evidence-based, ef6 fective strategies for providing instruction to ensure 

7 that students are prepared for courses at the post8 secondary level. 

9 ‘‘(2) An assurance that the eligible entity will 

10 use more than two measures (such as a student’s 

11 college entrance examination score, grade point aver12 age, high school course list, or a placement examina13 tion) to identify students in need of remedial edu14 cation who may be eligible to participate in the re15 medial education program developed or improved 

16 under the grant. 

17 ‘‘(3) A description of how the eligible entity, in 

18 developing or improving such a program, will consult 

19 with stakeholders, including individuals with exper20 tise in remedial education, students enrolled in reme21 dial education, and faculty instructors for remedial 

22 education. 

23 ‘‘(4) The eligible entity’s plan for sustaining the 

24 program after the grant period has ended. 

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1 ‘‘(5) The eligible entity’s plan for monitoring 

2 and evaluating the program, including how the eligi3 ble entity will use the data collected under sub4 section (h) to continually update and improve the 

5 program. 

6 ‘‘(c) CONSULTATION AND INDEPENDENT EVALUA7 TION.— 

8 ‘‘(1) IN GENERAL.—Before selecting eligible en9 tities to receive grants under this section for a fiscal 

10 year, the Secretary shall— 

11 ‘‘(A) ensure that the consultation required 

12 under paragraph (3) is carried out; and 

13 ‘‘(B) consider the results of the consulta14 tion in selecting eligible entities to receive such 

15 grants. 

16 ‘‘(2) CONTRACT AUTHORITY.—The Secretary, 

17 acting through the Director, shall seek to enter into 

18 a contract with an independent evaluator under 

19 which the evaluator will provide the consultation and 

20 evaluation required under paragraph (3). 

21 ‘‘(3) CONSULTATION AND INDEPENDENT EVAL22 UATION REQUIRED.—The independent evaluator 

23 shall carry out the following activities: 

24 ‘‘(A) CONSULTATION.—For each fiscal 

25 year of the grant program under this section, 

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1 the independent evaluator shall consult with, 

2 and provide advice to, the Secretary regarding 

3 which eligible entities should receive grants 

4 under this section for such fiscal year. 

5 ‘‘(B) EVALUATION.—Throughout the dura6 tion of the grant program under this section, 

7 the independent evaluator shall independently 

8 evaluate the impact of the remedial education 

9 programs funded with the grants, which shall 

10 include evaluation of— 

11 ‘‘(i) the effectiveness of the remedial 

12 education programs in increasing course 

13 and degree completion at the postsec14 ondary level; and 

15 ‘‘(ii) the outcomes of the remedial 

16 education programs within and among 

17 models of remedial education described in 

18 subsection (d). 

19 ‘‘(4) RESERVATION.—The Secretary may re20 serve not more than 15 percent of the funds appro21 priated under subsection (k) for a fiscal year to 

22 carry out this subsection for such fiscal year. 

23 ‘‘(d) USE OF FUNDS.—An eligible entity that receives 

24 a grant under this section shall use the grant to develop 

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1 or improve a remedial education program through one or 

2 more of the following models: 

3 ‘‘(1) ALIGNING COURSE WORK.—Working with 

4 a local educational agency or State educational agen5 cy that is part of the eligible entity to develop or im6 prove programs that provide alignment between high 

7 school coursework and postsecondary education, and 

8 that may include— 

9 ‘‘(A) assessments in high school to meas10 ure student readiness for courses at the post11 secondary level; or 

12 ‘‘(B) interventions in high school that im13 prove student competencies for courses at the 

14 postsecondary level. 

15 ‘‘(2) ACCELERATED COURSE WORK.—Rede16 signing or improving remedial education that— 

17 ‘‘(A) allows students to enroll in more than 

18 one sequential remedial education course or 

19 training in a semester, or the equivalent; 

20 ‘‘(B) condenses the time of the remedial 

21 education; or 

22 ‘‘(C) provides shortened, intensive courses 

23 or training to improve competencies of students 

24 for courses at the postsecondary level. 

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1 ‘‘(3) MODULAR INSTRUCTIONAL METHODS.— 

2 Developing or improving remedial education that— 

3 ‘‘(A) specifically targets the skills that stu4 dents need to move forward in courses at the 

5 postsecondary level; and 

6 ‘‘(B) may be used to develop new assess7 ments, redesign courses to provide targeted skill 

8 instruction, or provide faculty professional de9 velopment. 

10 ‘‘(4) CO-REQUISITE MODEL.—Developing or im11 proving remedial education programs that allow a 

12 student to enroll in remedial education (which may 

13 be provided through a modular instructional meth14 od) while also enrolled in a course at the postsec15 ondary level. 

16 ‘‘(5) SYSTEMIC REFORM TO IMPLEMENT COM17 PREHENSIVE, INTEGRATED SUPPORT PROGRAMS.— 

18 Implementing and improving comprehensive, inte19 grated, evidence-based support programs that— 

20 ‘‘(A) enable students enrolled in remedial 

21 education to complete a course of study leading 

22 to a recognized educational credential within 

23 150 percent of the normal time for completion; 

24 and 

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1 ‘‘(B) may include financial supports, aca2 demic tutoring or support, and advising that 

3 enable students to find success in remedial edu4 cation and courses at the postsecondary level. 

5 ‘‘(e) CONSIDERATIONS.—In awarding grants under 

6 this section, the Secretary, in consultation with the Direc7 tor, shall— 

8 ‘‘(1) ensure— 

9 ‘‘(A) a minimum of 30 eligible entities are 

10 awarded grants for each 5-year grant period; 

11 ‘‘(B) an equitable geographic distribution 

12 of such grants, including an equitable distribu13 tion between urban and rural areas; and 

14 ‘‘(C) that grants are used to develop or im15 prove remedial education programs— 

16 ‘‘(i) under each model described in 

17 subsection (d) to enable, to the extent 

18 practicable, statistical comparisons of the 

19 relative effectiveness of the models and the 

20 programs within each model; and 

21 ‘‘(ii) for a range of types and sizes of 

22 institutions of higher education; and 

23 ‘‘(2) give preference to eligible entities that pri24 marily serve low-income students. 

25 ‘‘(f) FISCAL REQUIREMENTS.— 

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1 ‘‘(1) SUPPLEMENT NOT SUPPLANT.—A grant 

2 awarded under this section shall be used to supple3 ment, not supplant, funds that would otherwise be 

4 used to carry out the activities described in this sec5 tion. 

6 ‘‘(2) MATCHING FUNDS.— 

7 ‘‘(A) IN GENERAL.—Subject to subpara8 graph (B), an eligible entity that receives a 

9 grant under this section shall provide, from 

10 non-Federal sources, an amount equal to 10 

11 percent of the amount of the grant for the cost 

12 of activities assisted under the grant. 

13 ‘‘(B) EXCEPTIONS.—The requirements of 

14 subparagraph (A) shall not apply to— 

15 ‘‘(i) Tribal Colleges or Universities; or 

16 ‘‘(ii) institutions of higher education 

17 located in the Commonwealth of Puerto 

18 Rico, Guam, American Samoa, the United 

19 States Virgin Islands, the Commonwealth 

20 of the Northern Mariana Islands, the Re21 public of the Marshall Islands, the Fed22 erated States of Micronesia, or the Repub23 lic of Palau. 

24 ‘‘(g) EXPERIMENTAL AUTHORITY.—Notwithstanding 

25 any other provision of this title, a student may be eligible 

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1 to receive loans or grants under this title for up to 2 aca2 demic years for enrollment in a remedial education pro3 gram under this section. 

4 ‘‘(h) DATA COLLECTION, REPORTS, EVALUATIONS, 

5 AND DISSEMINATION.— 

6 ‘‘(1) INFORMATION.— 

7 ‘‘(A) STUDENT-LEVEL DATA.—Each eligi8 ble entity that receives a grant under this sec9 tion shall provide to the Director and the Sec10 retary, on an annual basis for each year of the 

11 grant period and for 5 years after such grant 

12 period, the student-level data with respect to 

13 the students who are or were enrolled in a re14 medial education program funded with the 

15 grant. The Director and the Secretary shall 

16 share such data with the independent evaluator 

17 to enable the evaluator, for each such year, to 

18 determine the information described in subpara19 graph (B) with respect to each such remedial 

20 education program. 

21 ‘‘(B) AGGREGATE STUDENT DATA.—The 

22 independent evaluator shall determine, with re23 spect to each remedial education program for 

24 which an eligible entity provides student-level 

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1 data under subparagraph (A), the following in2 formation: 

3 ‘‘(i) The number of students who are 

4 or were enrolled in such remedial education 

5 program. 

6 ‘‘(ii) The cost of such remedial edu7 cation program. 

8 ‘‘(iii) The amount of grant or loan 

9 funds under this title awarded to students 

10 for enrollment in such remedial education 

11 program. 

12 ‘‘(iv) The type of remedial education 

13 offered under the program. 

14 ‘‘(v) The length of time students 

15 spend in such remedial education program, 

16 as measured by semester, trimester, or 

17 clock hours. 

18 ‘‘(vi) The number of students who 

19 complete such remedial education program. 

20 ‘‘(vii) Of the students who complete 

21 such remedial education program— 

22 ‘‘(I) the number and percentage 

23 of such students who later enroll in 

24 postsecondary-level courses at an in25 stitution of higher education; 

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1 ‘‘(II) the number and percentage 

2 of such students who receive a recog3 nized educational credential from an 

4 institution of higher education; 

5 ‘‘(III) the average length of time 

6 required for a student described in 

7 subclause (II) to complete the course 

8 of study leading to such credential; 

9 and 

10 ‘‘(IV) the number and percentage 

11 of students described in subclause (II) 

12 who complete the course of study 

13 leading to such credential within 150 

14 percent of the normal time for com15 pletion. 

16 ‘‘(C) DISAGGREGATION.—The information 

17 determined under subparagraph (B) shall be 

18 disaggregated by race, gender, socioeconomic 

19 status, Federal Pell Grant eligibility status, sta20 tus as a first generation college student, vet21 eran or active duty status, and disability status. 

22 ‘‘(2) EVALUATION RESULTS.—Not later than 

23 six years after the first grant is awarded under this 

24 section, the Director, in consultation with the Sec25 retary and using the information determined under 

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1 paragraph (1), shall submit to the authorizing com2 mittees and make available on a publicly accessible 

3 website, a report on the results of the multiyear, rig4 orous, and independent evaluation of the impact of 

5 the remedial education programs carried out by the 

6 independent evaluator. The report shall include the 

7 results of such evaluation with respect to— 

8 ‘‘(A) the effectiveness of the remedial edu9 cation programs in increasing course and de10 gree completion at the postsecondary level; and 

11 ‘‘(B) the outcomes of the remedial edu12 cation programs within and among models of 

13 remedial education described in subsection (d). 

14 ‘‘(3) REPORTS AND DISSEMINATION.— 

15 ‘‘(A) INITIAL REPORT.—Not later than one 

16 year after the first grant is awarded under this 

17 section, the Secretary, in consultation with the 

18 independent evaluator, shall prepare and submit 

19 to the authorizing committees a report on each 

20 remedial education program funded under this 

21 section. 

22 ‘‘(B) SUBSEQUENT REPORT.—Not later 

23 than five years after the last grant is awarded 

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1 pare and submit to the authorizing committees 

2 a report that includes— 

3 ‘‘(i) a review of the activities and pro4 gram performance of each remedial edu5 cation program funded under this section; 

6 and 

7 ‘‘(ii) guidance and recommendations 

8 on how successful remedial education pro9 grams (as determined, at a minimum, by 

10 the number and percentage of remedial 

11 education students who later complete a 

12 course of study at an institution of higher 

13 education within 150 percent of the normal 

14 time for completion) can be replicated. 

15 ‘‘(C) PUBLIC AVAILABILITY.—The reports 

16 submitted under subparagraphs (A) and (B) 

17 shall be made available on a publicly accessible 

18 website of the Department of Education. 

19 ‘‘(i) DATA PRIVACY.— 

20 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

21 person who obtains or has access to personally iden22 tifiable information pursuant to this section to 

23 knowingly disclose to any person (except as author24 ized in this section or any Federal law) such person25 ally identifiable information. 

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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined under title 18, United 

3 States Code. 

4 ‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED

5 STATES.—If any officer or employee of the United 

6 States violates paragraph (1), the officer or em7 ployee shall be dismissed from office or discharged 

8 from employment upon conviction for the violation. 

9 ‘‘(4) LAW ENFORCEMENT.—Personally identifi10 able information collected under this section shall 

11 not be used for any law enforcement activity or any 

12 other activity that would result in adverse action 

13 against any student, including debt collection activ14 ity or enforcement of the immigration laws. 

15 ‘‘(j) DEFINITIONS.—In this section: 

16 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

17 the Director of the Institute of Education Sciences. 

18 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en19 tity’ means— 

20 ‘‘(A) an institution of higher education; or 

21 ‘‘(B) a partnership between an institution 

22 of higher education and at least one of the fol23 lowing: 

24 ‘‘(i) A local educational agency. 

25 ‘‘(ii) A State educational agency. 

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1 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.— 

2 The term ‘first generation college student’ has the 

3 meaning given that term in section 402A(h). 

4 ‘‘(4) INDEPENDENT EVALUATOR.—The term 

5 ‘independent evaluator’ means the independent eval6 uator with which the Secretary enters into a con7 tract under subsection (c)(2). 

8 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— 

9 The term ‘institution of higher education’ has the 

10 meaning given that term in section 101. 

11 ‘‘(6) REMEDIAL EDUCATION.—The term ‘reme12 dial education’— 

13 ‘‘(A) means education (such as courses or 

14 training) offered at an institution of higher 

15 education that— 

16 ‘‘(i) is below the postsecondary level; 

17 and 

18 ‘‘(ii) is determined by the institution 

19 to be necessary to help students be pre20 pared for the pursuit of a first under21 graduate baccalaureate degree, associate’s 

22 degree, or certificate or, in the case of 

23 courses in English language instruction, to 

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1 lize already existing knowledge, training, or 

2 skills; and 

3 ‘‘(B) includes developmental education that 

4 meets the requirements of subparagraph (A). 

5 ‘‘(7) TRIBAL COLLEGE OR UNIVERSITY.—The 

6 term ‘Tribal College or University’ has the meaning 

7 given that term in section 316(b). 

8 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $162,500,000 for fiscal year 2021 and each of the 5 suc11 ceeding fiscal years.’’. 

12 SEC. 4615. COMPETENCY-BASED EDUCATION. 

13 (a) IN GENERAL.—Part G of title IV of the Higher 

14 Education Act of 1965 (20 U.S.C. 1088 et seq.), as 

15 amended by the preceding sections, is further amended by 

16 inserting after section 486B (as added by section 4613 

17 of this Act) the following: 

18 ‘‘SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRA19 TION PROJECTS. 

20 ‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.— 

21 The Secretary shall select, in accordance with subsection 

22 (d), eligible entities to voluntarily carry out competency23 based education demonstration projects for a duration of 

24 5 years and receive waivers or other flexibility described 

25 in subsection (e) to carry out such projects. 

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1 ‘‘(b) APPLICATION.— 

2 ‘‘(1) IN GENERAL.—Each eligible entity desir3 ing to carry out a demonstration project under this 

4 section shall submit an application to the Secretary, 

5 at such time and in such manner as the Secretary 

6 may require. 

7 ‘‘(2) OUTREACH.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall, 

9 prior to any deadline to submit applications 

10 under paragraph (1), conduct outreach to insti11 tutions, including those described in subpara12 graph (B), to provide those institutions with in13 formation on the opportunity to apply to carry 

14 out a demonstration project under this section. 

15 ‘‘(B) INSTITUTIONS.—The institutions de16 scribed in this subparagraph are the following: 

17 ‘‘(i) Part B institutions (as defined in 

18 section 322). 

19 ‘‘(ii) Hispanic-serving institutions (as 

20 defined in section 502). 

21 ‘‘(iii) Tribal Colleges or Universities 

22 (as defined in section 316). 

23 ‘‘(iv) Alaska Native-serving institu24 tions (as defined in section 317(b)). 

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1 ‘‘(v) Native Hawaiian-serving institu2 tions (as defined in section 317(b)). 

3 ‘‘(vi) Predominantly Black Institu4 tions (as defined in section 318). 

5 ‘‘(vii) Asian American and Native 

6 American Pacific Islander-serving institu7 tions (as defined in section 320(b)). 

8 ‘‘(viii) Native American-serving, non9 tribal institutions (as defined in section 

10 319). 

11 ‘‘(ix) Institutions predominately serv12 ing adult learners. 

13 ‘‘(x) Institutions serving students with 

14 special needs. 

15 ‘‘(xi) Institutions located in rural 

16 areas. 

17 ‘‘(3) AMENDMENTS.— 

18 ‘‘(A) IN GENERAL.—An eligible entity that 

19 has been selected to carry out a demonstration 

20 project under this section may submit to the 

21 Secretary amendments to the eligible entity’s 

22 approved application under paragraph (1), at 

23 such time and in such manner as the Secretary 

24 may require, which the Secretary shall approve 

25 or deny within 30 days of receipt. 

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1 ‘‘(B) EXPANDING ENROLLMENT.—Not2 withstanding the assurance required with re3 spect to maximum enrollment under paragraph 

4 (4)(N)— 

5 ‘‘(i) an eligible entity whose dem6 onstration project has been evaluated 

7 under subsection (g)(2) not less than 

8 twice, may submit to the Secretary an 

9 amendment to the eligible entity’s applica10 tion under paragraph (1) to increase en11 rollment in the project to more than 3,000 

12 students, but not more than 5,000 stu13 dents, and which shall specify— 

14 ‘‘(I) the proposed maximum en15 rollment and annual enrollment 

16 growth for the project; 

17 ‘‘(II) how the eligible entity will 

18 successfully carry out the project with 

19 such maximum enrollment and enroll20 ment growth; and 

21 ‘‘(III) any other amendments to 

22 the eligible entity’s application under 

23 paragraph (1) that are related to such 

24 maximum enrollment or enrollment 

25 growth; and 

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1 ‘‘(ii) the Secretary shall determine 

2 whether to approve or deny an amendment 

3 submitted under clause (i) for a dem4 onstration project based on the project’s 

5 evaluations under subsection (g)(2). 

6 ‘‘(4) CONTENTS.—Each application under para7 graph (1) shall include— 

8 ‘‘(A) a description of each competency9 based education program to be offered by the 

10 eligible entity under the demonstration project; 

11 ‘‘(B) a description of the alignment of the 

12 proposed competency-based education program 

13 to the institution’s mission, and evidence of in14 stitutional commitment to such program; 

15 ‘‘(C) a description of how each program 

16 will work with employers and local industry to 

17 assess and incorporate competencies that are 

18 relevant in the labor market and how the pro19 gram aligns with employer needs; 

20 ‘‘(D) a description of the proposed aca21 demic design, academic and support services, 

22 delivery, business, and financial models for the 

23 demonstration project, including explanations 

24 and supporting documents, including financial 

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1 ments with third-party servicers or online pro2 gram managers, of how each competency-based 

3 education program offered under the dem4 onstration project will— 

5 ‘‘(i) result in the achievement of com6 petencies; 

7 ‘‘(ii) differ from standard credit hour 

8 approaches, in whole or in part; 

9 ‘‘(iii) result in lower costs of a certifi10 cate or degree; and 

11 ‘‘(iv) result in shortened time to com12 pletion of a certificate or degree; 

13 ‘‘(E) a description of how each com14 petency-based education program offered under 

15 the demonstration project will award academic 

16 credit to advance the progress of a student to17 ward completion of a certificate or degree that 

18 is portable and used by in-demand employers 

19 for making employment decisions; 

20 ‘‘(F) a description of how each credit-bear21 ing competency-based education program of22 fered under the demonstration project is aligned 

23 with a career pathway; 

24 ‘‘(G) a description of the meaningful role 

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1 tity in the development, design, implementation, 

2 delivery, and evaluation of each such com3 petency-based education program; 

4 ‘‘(H) a description of how each such com5 petency-based education program will provide 

6 strong post-enrollment job placement, earnings, 

7 and loan repayment outcomes; 

8 ‘‘(I) a description of how the eligible entity 

9 will facilitate transfer, postsecondary study, and 

10 employer understanding by articulating a com11 petency-based transcript from a competency12 based education program offered under the 

13 demonstration project to a credit hour tran14 script at another program at the eligible entity 

15 and to other institutions of higher education; 

16 ‘‘(J) a description of the statutory and reg17 ulatory requirements described in subsection (e) 

18 for which the eligible entity is seeking a waiver 

19 or other flexibility, and why such waiver or 

20 flexibility is necessary to carry out the dem21 onstration project; 

22 ‘‘(K) a description of indicators of a pro23 gram’s effectiveness to inform how a third 

24 party will reliably assess student learning for 

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1 each competency-based education program of2 fered under the demonstration project; 

3 ‘‘(L) a description of how the eligible enti4 ty will develop and evaluate the competencies 

5 and assessments of student knowledge adminis6 tered as part of the demonstration project, in7 cluding whether there is a relationship between 

8 the competency unit and a traditional credit or 

9 clock hour, the average time it takes to earn a 

10 competency, how such competencies and assess11 ments are aligned with workforce needs and any 

12 other considerations the institution made when 

13 it developed its unit of competency; 

14 ‘‘(M) a description of the proposal for de15 termining a student’s Federal student aid eligi16 bility under this title for participating in the 

17 demonstration project, the award and distribu18 tion of such aid, and the safeguards to ensure 

19 that students are making satisfactory progress 

20 that warrants the disbursement of such aid; 

21 ‘‘(N) an assurance that the demonstration 

22 project at each eligible entity— 

23 ‘‘(i) will enroll a minimum of 25 stu24 dents and a maximum of 3,000 students 

25 or, in the case of an eligible entity with an 

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1 application amendment approved under 

2 paragraph (3)(B), the maximum enroll3 ment approved under such paragraph; 

4 ‘‘(ii) will identify and disseminate best 

5 practices with respect to the demonstration 

6 project to the Secretary and to other eligi7 ble entities carrying out a demonstration 

8 project under this section; 

9 ‘‘(iii) operates under an agreement 

10 with the accrediting agency or association 

11 of the eligible entity to establish the stand12 ards described in subsection (c); and 

13 ‘‘(iv) uses available funds solely for 

14 purposes of awarding academic credit to el15 igible students based on the achievement of 

16 competencies and for the related costs or 

17 fees of demonstrating the achievement of 

18 competencies; 

19 ‘‘(O) a description of the population of stu20 dents to whom competency-based education 

21 under the demonstration project will be offered, 

22 including demographic information and prior 

23 educational experience, disaggregated (as prac24 ticable) by students who are Federal Pell Grant 

25 recipients, students of color, Native students, 

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1 students with disabilities, students who are vet2 erans or members of the Armed Forces, adult 

3 learners, and first generation college students, 

4 and how such eligible entity will, when appro5 priate, address the specific needs of each such 

6 population of students when carrying out the 

7 demonstration project; 

8 ‘‘(P) a description of outreach and commu9 nication activities to students who may benefit 

10 under the demonstration project, including 

11 those described in subparagraph (O); 

12 ‘‘(Q) a description of how the institution is 

13 ensuring that students participating in the dem14 onstration project will not, on average, be eligi15 ble for more or less Federal assistance under 

16 this title than such students would have been 

17 eligible for under a program measured in credit 

18 or clock hours; 

19 ‘‘(R) the cost of attendance for each com20 petency-based education program offered under 

21 the demonstration project, disaggregated by 

22 each of the applicable costs or allowances de23 scribed in paragraphs (1) through (13) of sec24 tion 472, and the estimated amount of the cost 

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1 ered by need-based grant aid and merit-based 

2 grant aid from Federal, State, institutional, and 

3 private sources; 

4 ‘‘(S) a description of other competency5 based education programs the eligible entity of6 fers or plans to offer outside of the demonstra7 tion project; 

8 ‘‘(T) a description of how the eligible enti9 ty will use data to— 

10 ‘‘(i) ensure that each competency11 based education program under the dem12 onstration project meets the benchmarks 

13 established in accordance with subsection 

14 (c)(2)(E); 

15 ‘‘(ii) confirm relevancy of com16 petencies in the labor market; and 

17 ‘‘(iii) improve each such program; and 

18 ‘‘(U) other such elements as the Secretary 

19 may require. 

20 ‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR AS21 SOCIATION.—Unless a program has already been recog22 nized as a direct assessment program by the accrediting 

23 agency or association of the eligible entity, in order to 

24 carry out a competency-based education program under 

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1 tity shall include in its application under subsection (b), 

2 a letter from the accrediting agency or association of the 

3 eligible entity that describes how it will establish and en4 force the following standards with respect to such com5 petency-based education program: 

6 ‘‘(1) Standards for determining whether the eli7 gible entity or the program requires students to 

8 demonstrate competencies that are— 

9 ‘‘(A) capable of being validly and reliably 

10 assessed; and 

11 ‘‘(B) appropriate in scope and rigor for the 

12 award of the relevant certificate or degree. 

13 ‘‘(2) Standards for determining whether the eli14 gible entity or the program demonstrate— 

15 ‘‘(A) the administrative capacity and ex16 pertise that will ensure— 

17 ‘‘(i) the validity and reliability of as18 sessments of competencies; and 

19 ‘‘(ii) good practices in assessment and 

20 measurement; 

21 ‘‘(B) sufficient educational content, activi22 ties, and resources (including faculty sup23 port)— 

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1 ‘‘(i) to enable students to learn or de2 velop what is required to demonstrate or 

3 attain mastery of competencies; and 

4 ‘‘(ii) that are consistent with the 

5 qualifications of graduates of traditional 

6 programs; 

7 ‘‘(C) that the quality of demonstration of 

8 competence is judged at mastery for each com9 petency that is assessed for the award of a cer10 tificate or degree; 

11 ‘‘(D) a standard for the amount of learn12 ing that is included in a unit of competency; 

13 ‘‘(E) reasonable, clear, and actionable 

14 benchmarks for graduation rates and the em15 ployment and earnings of graduates, including 

16 job placements in a field for which the program 

17 prepares students, debt-to-earnings ratios, loan 

18 repayment rates, and student satisfaction; 

19 ‘‘(F) regular evaluation of whether the pro20 gram meets the benchmarks under subpara21 graph (E), and address what may be the cause 

22 with identified interventions; and 

23 ‘‘(G) that students may not receive a sub24 sequent disbursement until they have completed 

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1 the anticipated number of credits for the pay2 ment period. 

3 ‘‘(3) Standards for determining when to deny, 

4 withdraw, suspend, or terminate the accreditation of 

5 the program if the benchmarks under paragraph 

6 (2)(E) are not achieved after 4 consecutive title IV 

7 payment periods, including standards for providing 

8 sufficient opportunity— 

9 ‘‘(A) for the eligible entity or program to 

10 provide a written response regarding the failure 

11 to achieve such benchmarks be considered by 

12 the agency or association in the manner de13 scribed in section 496(a)(6)(B); and 

14 ‘‘(B) for the eligible entity or program to 

15 appeal any adverse action under this subpara16 graph before an appeals panel that meets the 

17 requirements of section 496(a)(6)(C). 

18 ‘‘(d) SELECTION.— 

19 ‘‘(1) IN GENERAL.—Not later than 12 months 

20 after the date of enactment of the College Afford21 ability Act, the Secretary shall select not more than 

22 100 eligible entities to carry out a demonstration 

23 project under this section under which at least 1 

24 competency-based education program is offered at 

25 each eligible entity. 

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1 ‘‘(2) CONSIDERATIONS.—In selecting eligible 

2 entities under paragraph (1), the Secretary shall— 

3 ‘‘(A) consider the number and quality of 

4 applications received; 

5 ‘‘(B) consider an eligible entity’s— 

6 ‘‘(i) ability to successfully execute the 

7 demonstration project as described in the 

8 eligible entity’s application under sub9 section (b); 

10 ‘‘(ii) commitment and ability to effec11 tively finance the demonstration project; 

12 ‘‘(iii) ability to provide administrative 

13 capability and the expertise to evaluate 

14 student progress based on measures other 

15 than credit hours or clock hours; 

16 ‘‘(iv) history of compliance with the 

17 requirements of this Act; 

18 ‘‘(v) commitment to work with the Di19 rector and the Secretary to evaluate the 

20 demonstration project and the impact of 

21 the demonstration project under subsection 

22 (g)(2); 

23 ‘‘(vi) commitment and ability to as24 sess student learning through a third 

25 party; 

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•HR 4674 IH

1 ‘‘(vii) commitment of the accrediting 

2 agency or association of the eligible entity 

3 to establish and enforce the standards de4 scribed in subsection (c); and 

5 ‘‘(viii) commitment to collaboration 

6 with an employer advisory group or spe7 cific employers to determine how the dem8 onstration project will meet employer 

9 needs; 

10 ‘‘(C) ensure the selection of a diverse 

11 group of eligible entities with respect to size, 

12 mission, student population, and geographic 

13 distribution; 

14 ‘‘(D) not limit the types of programs of 

15 study or courses of study approved for partici16 pation in a demonstration project; and 

17 ‘‘(E) not select an eligible entity— 

18 ‘‘(i) that, for one of the preceding 2 

19 fiscal years— 

20 ‘‘(I) had an adjusted cohort de21 fault rate (defined in section 435(m)) 

22 that is 20 percent or greater; 

23 ‘‘(II) failed to meet the require24 ment under section 487(a)(24); or 

25 ‘‘(III) was— 

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•HR 4674 IH

1 ‘‘(aa) under probation or an 

2 equivalent status from the ac3 crediting agency or association of 

4 the eligible entity; 

5 ‘‘(bb) under sanction from 

6 the authorization agency of the 

7 State in which the eligible entity 

8 is located; or 

9 ‘‘(cc) under public investiga10 tion or facing a pending lawsuit 

11 from a State or Federal agency; 

12 ‘‘(ii) if the Department has concerns 

13 with the entity’s compliance based on pro14 gram reviews or audits; or 

15 ‘‘(iii) if the eligible entity fails to meet 

16 the financial responsibility standards pre17 scribed by the Secretary in accordance 

18 with section 498(c) or is placed on a reim19 bursement payment method by the Sec20 retary. 

21 ‘‘(e) WAIVERS AND OTHER FLEXIBILITY.— 

22 ‘‘(1) IN GENERAL.—With respect to any eligible 

23 entity selected to carry out a demonstration project 

24 under this section, the Secretary may— 

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1 ‘‘(A) waive any requirements of the provi2 sions of law (including any regulations promul3 gated under such provisions) listed in para4 graph (2) for which the eligible entity has pro5 vided a reason for waiving under subsection 

6 (b)(4)(J); or 

7 ‘‘(B) provide other flexibility, but not 

8 waive, any requirements of the provisions of law 

9 (including any regulations promulgated under 

10 such provisions) listed in paragraph (3) for 

11 which the eligible entity has provided a reason 

12 with which the Secretary agrees for such flexi13 bility under subsection (b)(4)(J). 

14 ‘‘(2) PROVISIONS ELIGIBLE FOR WAIVERS.— 

15 The Secretary may waive the following under para16 graph (1)(A): 

17 ‘‘(A) Subparagraphs (A) and (B) of section 

18 102(a)(3). 

19 ‘‘(B) Section 484(l)(1). 

20 ‘‘(3) PROVISIONS ELIGIBLE FOR FLEXI21 BILITY.—The Secretary may provide the flexibility 

22 described in paragraph (1)(B) with respect to the re23 quirements under provisions in title I, part F of this 

24 title, or this part, that inhibit the operation of a 

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•HR 4674 IH

1 competency-based education program, relating to the 

2 following: 

3 ‘‘(A) Documenting attendance. 

4 ‘‘(B) Weekly academic activity. 

5 ‘‘(C) Minimum weeks of instructional time. 

6 ‘‘(D) Requirements for credit hour or clock 

7 hour equivalencies if an institution proposes a 

8 measure clearly defined in its application that 

9 accounts for the academic intensity of study. 

10 ‘‘(E) Requirements for regular and sub11 stantive interaction with the instructor. 

12 ‘‘(F) Definitions of the terms ‘academic 

13 year’, ‘full-time student’, ‘part-time student’, 

14 ‘term’ (including ‘standard term’, ‘non-term’, 

15 and ‘non-standard term’), ‘satisfactory aca16 demic progress’, ‘educational activity’, ‘program 

17 of study’, and ‘payment period’. 

18 ‘‘(G) Methods of disbursing student finan19 cial aid by institutions of higher education se20 lected, as of the date of enactment of the Col21 lege Affordability Act, as experimental sites 

22 under section 487A to carry out competency23 based education programs. 

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1 ‘‘(H) Restrictions regarding concurrent 

2 student enrollment in Direct Assessment and 

3 non-Direct Assessment programs. 

4 ‘‘(4) MEASUREMENT OF ACTIVITY OR ACADEMIC

5 WORK.—An institution granted flexibility under 

6 paragraph (3) related to requirements for credit 

7 hour or clock hour equivalencies shall include a 

8 measurement of activity or academic ‘work’ by stu9 dents as considered comparable to the standard 

10 practice for measuring credit or clock hours for 

11 these areas. 

12 ‘‘(f) NOTIFICATION.—Not later than 9 months after 

13 the date of enactment of the College Affordability Act, the 

14 Secretary shall make available to the authorizing commit15 tees and the public a list of eligible entities selected to 

16 carry out a demonstration project under this section, 

17 which shall include for each such eligible entity— 

18 ‘‘(1) the specific waiver or other flexibility from 

19 statutory or regulatory requirements offered under 

20 subsection (e); and 

21 ‘‘(2) a description of the competency-based edu22 cation programs, and its associated accreditation 

23 standards, to be offered under the project. 

24 ‘‘(g) INFORMATION AND EVALUATION.— 

25 ‘‘(1) INFORMATION.— 

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1 ‘‘(A) STUDENT-LEVEL DATA.—Each eligi2 ble entity that carries out a demonstration 

3 project under this section shall provide to the 

4 Director the student-level data for the students 

5 enrolled in a program described in subpara6 graph (C)(i)(I), the student-level data for the 

7 students enrolled in a program described in 

8 subparagraph (C)(i)(II), and the student-level 

9 data for students enrolled in a program de10 scribed in subparagraph (C)(i)(III) to enable 

11 the Director— 

12 ‘‘(i) to determine the aggregate infor13 mation described in subparagraph (B) with 

14 respect to each such program; and 

15 ‘‘(ii) to the extent practicable, to com16 pare the programs using a rigorous evalua17 tion, such as propensity score matching. 

18 ‘‘(B) AGGREGATE INFORMATION.—For 

19 purposes of the evaluation under paragraph (2), 

20 the Director shall use the student-level data 

21 provided under subparagraph (A) by an eligible 

22 entity to determine the following information 

23 with respect to each program described in sub24 paragraph (C)(i) offered at such eligible entity: 

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•HR 4674 IH

1 ‘‘(i) The average number of credit 

2 hours students earned prior to enrollment 

3 in the program, if applicable. 

4 ‘‘(ii) The number and percentage of 

5 students enrolled in a competency-based 

6 education program that are also enrolled in 

7 programs of study or courses of study of8 fered in credit hours or clock hours, 

9 disaggregated by student status as a first10 year, second-year, third-year, fourth-year, 

11 or other student. 

12 ‘‘(iii) The average period of time be13 tween the enrollment of a student in the 

14 program and the first assessment of stu15 dent knowledge of such student. 

16 ‘‘(iv) The average time to 25 percent, 

17 50 percent, 75 percent, 100 percent, 150 

18 percent, and 200 percent completion of a 

19 certificate or degree. 

20 ‘‘(v) The number and percentage of 

21 students who begin in a certain cohort and 

22 complete a certificate or degree. 

23 ‘‘(vi) The number and percentage of 

24 students who begin in a certain cohort and 

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•HR 4674 IH

1 withdraw without completing a certificate 

2 or degree. 

3 ‘‘(vii) The number and percentage of 

4 students who begin in a certain cohort who 

5 reach 25 percent, 50 percent, 75 percent, 

6 and 100 percent completion of a certificate 

7 or degree. 

8 ‘‘(viii) The number and percentage of 

9 students who begin in a certain cohort who 

10 re-enroll in a second period. 

11 ‘‘(ix) The median number of com12 petencies completed per period. 

13 ‘‘(x) The average number of attempts 

14 it takes students to pass all assessments of 

15 student knowledge during the period of en16 rollment in the program. 

17 ‘‘(xi) The percentage of summative as18 sessments of student competence that stu19 dents passed on the first attempt during 

20 the period of enrollment in the program. 

21 ‘‘(xii) The percentage of summative 

22 assessments of student competence that 

23 students passed on the second attempt and 

24 the average period of time between the 

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•HR 4674 IH

1 first and second attempts during the pe2 riod of enrollment in the program. 

3 ‘‘(xiii) The average number of com4 petencies a student acquired and dem5 onstrated while enrolled in a program and 

6 the period of time during which the stu7 dent acquired such competencies. 

8 ‘‘(xiv) The number and percentage of 

9 students completing the program who find 

10 employment that lasts not less than 6 

11 months within 6 months of graduation, 

12 disaggregated by number and percentage 

13 of such students finding employment in a 

14 field related to the program. 

15 ‘‘(xv) Student job placement rates 1, 

16 2, and 3 years after graduating from the 

17 program, if available. 

18 ‘‘(xvi) The median student earnings 1, 

19 2, and 3 years after graduating from the 

20 program, if available. 

21 ‘‘(xvii) The number and percentage of 

22 students completing the program who con23 tinue their education. 

24 ‘‘(xviii) Such other information as the 

25 Director may reasonably require. 

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•HR 4674 IH

1 ‘‘(C) DISAGGREGATION.—The information 

2 determined under subparagraph (B) shall be 

3 disaggregated as follows, provided that the 

4 disaggregation of the information does not iden5 tify any individual student: 

6 ‘‘(i) For each eligible entity that car7 ries out a demonstration project under this 

8 section, disaggregation by— 

9 ‘‘(I) the students enrolled in each 

10 competency-based education program 

11 under the project; 

12 ‘‘(II) the students enrolled in 

13 each competency-based education pro14 gram not being carried out under the 

15 project, if the eligible entity has a 

16 competency-based education program 

17 not being carried out under the 

18 project; and 

19 ‘‘(III) the students enrolled in a 

20 program not described in subclause 

21 (I) or (II). 

22 ‘‘(ii) For each group of students de23 scribed in clause (i), disaggregation by 

24 prior postsecondary experience, age group, 

25 race, gender, disability status, students 

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•HR 4674 IH

1 who are Veterans or servicemembers, first 

2 generation college students, full-time and 

3 part-time enrollment, and status as a re4 cipient of a Federal Pell Grant. 

5 ‘‘(D) COUNCIL.—The Director shall pro6 vide to the Competency-Based Education Coun7 cil any information described in subparagraph 

8 (A) or (B) (other than personally identifiable 

9 information) that may be necessary for the 

10 Council to carry out its duties under section 

11 4615(e) of the College Affordability Act. 

12 ‘‘(2) EVALUATION.— 

13 ‘‘(A) IN GENERAL.—The Director, in con14 sultation with the Secretary and using the in15 formation determined under paragraph (1), 

16 shall annually evaluate each eligible entity car17 rying out a demonstration project under this 

18 section. Each evaluation shall be disaggregated 

19 in accordance with subparagraph (B) and in20 clude— 

21 ‘‘(i) the extent to which the eligible 

22 entity has met the elements of its applica23 tion under subsection (b)(4); 

24 ‘‘(ii) whether the demonstration 

25 project led to reduced cost, including as reVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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•HR 4674 IH

1 flected by median debt levels, or time to 

2 completion of a certificate or degree, and 

3 the amount of cost or time reduced for 

4 such completion; 

5 ‘‘(iii) obstacles related to student fi6 nancial assistance for competency-based 

7 education; 

8 ‘‘(iv) the extent to which statutory or 

9 regulatory requirements not waived or for 

10 which flexibility is not provided under sub11 section (e) presented difficulties or unin12 tended consequences for students or eligi13 ble entities; 

14 ‘‘(v) a description of the waivers or 

15 flexibility provided under subsection (e) 

16 that were most beneficial to students or el17 igible entities, and an explanation of such 

18 benefits; 

19 ‘‘(vi) the percentage of students who 

20 received each of the following— 

21 ‘‘(I) a grant under this title; 

22 ‘‘(II) a loan under this title; 

23 ‘‘(III) a State grant; 

24 ‘‘(IV) a State loan; 

25 ‘‘(V) an institutional grant; 

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•HR 4674 IH

1 ‘‘(VI) an institutional loan; 

2 ‘‘(VII) a private loan; and 

3 ‘‘(VIII) an employer grant or 

4 subsidy; 

5 ‘‘(vii) median annual total cost and 

6 net cost to the student of the program; 

7 ‘‘(viii) median total cost and net cost 

8 of the credential and associated examina9 tion or licensure calculated upon comple10 tion; 

11 ‘‘(ix) median outstanding balance of 

12 principal and interest on loans made under 

13 this title that students have upon gradua14 tion; 

15 ‘‘(x) the median 3-year adjusted co16 hort default rate as defined under section 

17 435(m); 

18 ‘‘(xi) the median 1-year and 3-year re19 payment rate of loans made under this 

20 title; 

21 ‘‘(xii) the median student earnings 1, 

22 3, and 4 years after graduation; 

23 ‘‘(xiii) a description of the curricular 

24 infrastructure, including assessments of 

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•HR 4674 IH

1 student knowledge and the corresponding 

2 competencies; 

3 ‘‘(xiv) a description of the role of fac4 ulty and faculty involvement; and 

5 ‘‘(xv) outcomes of the assessments of 

6 student competency. 

7 ‘‘(B) DISAGGREGATION.—The data col8 lected under clauses (vi) through (xii) shall be 

9 disaggregated by each group of students de10 scribed in paragraph (1)(C). 

11 ‘‘(3) ANNUAL REPORT.—The Director, in con12 sultation with the Secretary, shall annually provide 

13 to the authorizing committees a report on— 

14 ‘‘(A) the evaluations required under para15 graph (2); 

16 ‘‘(B) the number and types of students re17 ceiving assistance under this title for com18 petency-based education programs offered 

19 under projects under this section; 

20 ‘‘(C) any proposed statutory or regulatory 

21 changes designed to support and enhance the 

22 expansion of competency-based education pro23 grams, which may be independent of or com24 bined with traditional credit hour or clock hour 

25 projects; 

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•HR 4674 IH

1 ‘‘(D) the most effective means of delivering 

2 competency-based education programs through 

3 projects under this section; and 

4 ‘‘(E) the appropriate level and distribution 

5 methodology of Federal assistance under this 

6 title for students enrolled in a competency7 based education program. 

8 ‘‘(h) COORDINATION.—An eligible entity or the Di9 rector shall consult with the Secretary of Education or the 

10 Secretary of the Treasury to obtain the employment, earn11 ings, and loan information that may be necessary for pur12 poses of subsection (c)(2)(F) or subsection (g), respec13 tively. 

14 ‘‘(i) OVERSIGHT.—In carrying out this section, the 

15 Secretary shall, at least twice annually— 

16 ‘‘(1) assure compliance of eligible entities with 

17 the requirements of this title (other than the provi18 sions of law and regulations that are waived under 

19 subsection (e)); 

20 ‘‘(2) provide technical assistance; 

21 ‘‘(3) monitor fluctuations in the student popu22 lation enrolled in the eligible entities carrying out 

23 the demonstration projects under this section; 

24 ‘‘(4) consult with appropriate accrediting agen25 cies or associations and appropriate State regulatory 

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•HR 4674 IH

1 authorities for additional ways of improving the de2 livery of competency-based education programs; and 

3 ‘‘(5) collect and disseminate to eligible entities 

4 carrying out a demonstration project under this sec5 tion, best practices with respect to such projects. 

6 ‘‘(j) DATA PRIVACY.— 

7 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

8 person who obtains or has access to personally iden9 tifiable information pursuant to this section to 

10 knowingly disclose to any person (except as author11 ized in this section or any Federal law) such person12 ally identifiable information. 

13 ‘‘(2) PENALTY.—Any person who violates para14 graph (1) shall be fined under title 18, United 

15 States Code. 

16 ‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED

17 STATES.—If any officer or employee of the United 

18 States violates paragraph (1), the officer or em19 ployee shall be dismissed from office or discharged 

20 from employment upon conviction for the violation. 

21 ‘‘(4) LAW ENFORCEMENT.—Personally identifi22 able information collected under this section shall 

23 not be used for any law enforcement activity or any 

24 other activity that would result in adverse action 

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•HR 4674 IH

1 against any student, including debt collection activ2 ity or enforcement of the immigration laws. 

3 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated $5,000,000 to the De5 partment to carry out the project under this section. 

6 ‘‘(l) DEFINITIONS.—For the purpose of this section: 

7 ‘‘(1) CAREER PATHWAY.—The term ‘career 

8 pathway’ has the meaning given the term in section 

9 3 of the Workforce Innovation and Opportunity Act 

10 (29 U.S.C. 3102). 

11 ‘‘(2) COMPETENCY.—The term ‘competency’ 

12 means the knowledge, skill, and abilities dem13 onstrated for a particular program of study. 

14 ‘‘(3) COMPETENCY-BASED EDUCATION PRO15 GRAM.—The term ‘competency-based education pro16 gram’ means a postsecondary program that provides 

17 competency-based education for which the accred18 iting agency or association of the institution of high19 er education offering such program has established 

20 or will establish the standards described in sub21 section (c) and, in accordance with such standards— 

22 ‘‘(A) measures academic progress and cre23 dential attainment by the assessment of student 

24 learning in lieu of, or in addition to, credit or 

25 clock hours; 

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1 ‘‘(B) measures and assesses such academic 

2 progress and attainment in terms of a student’s 

3 mastery of competencies by identifying what 

4 students know and the skills mastered through 

5 rigorous assessment; 

6 ‘‘(C) determines and reports to the Sec7 retary the number of credit or clock hours that 

8 would be needed for the attainment of a similar 

9 level of knowledge, skills, and characteristics in 

10 a standard credit or clock hour program; 

11 ‘‘(D) provides the educational content, ac12 tivities, support, and resources necessary to en13 able students to develop and attain the com14 petencies that are required to demonstrate mas15 tery of such competencies, including a system 

16 for monitoring a student’s engagement and 

17 progress in each competency, in which faculty 

18 are responsible for providing proactive academic 

19 assistance, when needed, on the basis of such 

20 monitoring; 

21 ‘‘(E) upon a student’s demonstration or 

22 mastery of a set of competencies identified and 

23 required by the institution, leads to or results 

24 in the awarding of a certificate or degree; 

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•HR 4674 IH

1 ‘‘(F) ensures that funds received under 

2 this title may be used only for learning that re3 sults from instruction provided or overseen by 

4 the institution and not for the portion of the 

5 program of which the student has demonstrated 

6 mastery prior to enrollment in the program or 

7 tests of learning that are not associated with 

8 educational activities overseen by the institu9 tion; 

10 ‘‘(G) is organized in a manner that an in11 stitution can determine, based on the method of 

12 measurement selected by the institution, and 

13 approved by the accreditor as described in sub14 section (c), what constitutes a full-time, three15 quarter time, half-time, and less than half-time 

16 workload for the purposes of awarding and ad17 ministering assistance under this title, or assist18 ance provided under another provision of Fed19 eral law to attend an institution of higher edu20 cation; and 

21 ‘‘(H) may use a disaggregated faculty 

22 model in which the educational responsibilities 

23 for an academic course are divided among a 

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1 riculum design, content delivery, and student 

2 assessment. 

3 ‘‘(4) DIRECTOR.—The term ‘Director’ means 

4 the Director of the Institute of Education Sciences. 

5 ‘‘(5) DUAL OR CONCURRENT ENROLLMENT

6 PROGRAM.—The term ‘dual or concurrent enrollment 

7 program’ has the meaning given the term in section 

8 8101 of the Elementary and Secondary Education 

9 Act of 1965 (20 U.S.C. 7801). 

10 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible en11 tity’ means an institution of higher education, which 

12 may be an institution of higher education that offers 

13 a dual or concurrent enrollment program. 

14 ‘‘(7) FIRST GENERATION COLLEGE STUDENT.— 

15 The term ‘first generation college student’ has the 

16 meaning given the term in section 402A(h)(3). 

17 ‘‘(8) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 102, except that 

20 such term does not include institutions described in 

21 section 102(a)(1)(C).’’. 

22 (b) RULE OF CONSTRUCTION.—Nothing in this sec23 tion or the amendments made by this section shall be con24 strued to alter the authority of the Secretary of Education 

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1 to establish experimental sites under any other provision 

2 of law. 

3 SEC. 4616. COMPETENCY-BASED EDUCATION COUNCIL. 

4 (a) ESTABLISHMENT OF A COMMITTEE ON COM5 PETENCY-BASED EDUCATION.—Not later than 6 months 

6 after the date of enactment of this Act, there shall be es7 tablished the Competency-Based Education Council (re8 ferred to in this section as the ‘‘Council’’). 

9 (b) MEMBERSHIP.— 

10 (1) COMPOSITION.—The Council shall be com11 posed of— 

12 (A) 3 individuals appointed by the Sec13 retary of Education; 

14 (B) 2 individuals appointed by the Director 

15 of the Bureau of Consumer Financial Protec16 tion; 

17 (C) not less than 8 and not more than 13 

18 individuals appointed by the Comptroller Gen19 eral of the United States, representing— 

20 (i) experts in competency-based edu21 cation; 

22 (ii) faculty members in competency23 based education programs; 

24 (iii) faculty members in non-com25 petency based education programs; 

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•HR 4674 IH

1 (iv) administrators at institutions that 

2 offer competency-based education pro3 grams; 

4 (v) individuals currently enrolled in or 

5 graduated from a competency-based edu6 cation program; 

7 (vi) accrediting agencies or associa8 tions that recognize competency-based edu9 cation programs; 

10 (vii) experts from State educational 

11 agencies; and 

12 (viii) business and industry represent13 atives; and 

14 (D) 4 members appointed by— 

15 (i) the majority leader of the Senate; 

16 (ii) the minority leader of the Senate; 

17 (iii) the Speaker of the House of Rep18 resentatives; and 

19 (iv) the minority leader of the House 

20 of Representatives. 

21 (2) CHAIRPERSON.—The Council shall select a 

22 Chairperson from among its members. 

23 (3) VACANCIES.—Any vacancy in the Council 

24 shall not affect the powers of the Council and shall 

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1 be filled in the same manner as an initial appoint2 ment. 

3 (c) MEETINGS.—The Council shall hold, at the call 

4 of the Chairperson, not less than 6 meetings before com5 pleting the study required under subsection (e) and the 

6 report required under subsection (f). 

7 (d) PERSONNEL MATTERS.— 

8 (1) COMPENSATION OF MEMBERS.—Each mem9 ber of the Council shall serve without compensation 

10 in addition to any such compensation received for 

11 the member’s service as an officer or employee of the 

12 United States, if applicable. 

13 (2) TRAVEL EXPENSES.—The members of the 

14 Council shall be allowed travel expenses, including 

15 per diem in lieu of subsistence, at rates authorized 

16 for employees of agencies under subchapter 1 of 

17 chapter 57 of title 5, United States Code, while 

18 away from their homes or regular places of business 

19 in the performance of services for the Council. 

20 (e) DUTIES OF THE COUNCIL.— 

21 (1) STUDY.—The Council shall conduct a study 

22 on the ongoing innovation and development of com23 petency-based education programs. 

24 (2) RECOMMENDATIONS.—Based on the find25 ings of the study under paragraph (1), and the anVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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•HR 4674 IH

1 nual evaluations of the demonstration projects under 

2 section 486C of the Higher Education Act of 1965, 

3 as added by section 4613 of this Act, the Council 

4 shall develop recommendations for the authorization 

5 of competency-based education under the Higher 

6 Education Act of 1965, including recommendations 

7 that— 

8 (A) provide or update standard definitions, 

9 if needed, for relevant terms, including— 

10 (i) competency-based education; 

11 (ii) competency-based education pro12 gram including quality indicators, that in13 clude appropriate student outcome metrics, 

14 for such programs; and 

15 (iii) any other relevant definitions 

16 agreed upon; and 

17 (B) address— 

18 (i) the amount of learning in a com19 petency unit; 

20 (ii) the transfer of competency-based 

21 education credits to other institutions or 

22 programs; 

23 (iii) the minimum amount of time in 

24 an academic year for competency-based 

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•HR 4674 IH

1 education programs, for financial aid pur2 poses; 

3 (iv) considerations for accreditation 

4 agencies before recognizing competency5 based education programs; 

6 (v) address the role of faculty and fac7 ulty involvement in competency-based edu8 cation programs; 

9 (vi) additional resources that may be 

10 needed for adequate oversight of com11 petency-based education programs; and 

12 (vii) the responsiveness of com13 petencies to the labor market and employ14 ers. 

15 (f) REPORTS.— 

16 (1) INTERIM REPORTS.—Not later than 2 years 

17 after the date of enactment of this Act, and bienni18 ally thereafter until the final report is submitted 

19 under paragraph (2), the Council shall prepare and 

20 submit to the Secretary of Education and Congress, 

21 and make available to the public, a report that pro22 vides ongoing feedback to the annual evaluations of 

23 the demonstration projects under section 486C(g)(2) 

24 of the Higher Education Act of 1965, as added by 

25 section 4613 of this Act, including a discussion of 

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1 implementation challenges programs face, and the 

2 items listed in subsection (e)(2)(B). 

3 (2) FINAL REPORT.—Not later than 6 years 

4 after the date of enactment of this Act, the Council 

5 shall prepare and submit to the Secretary of Edu6 cation and Congress, and make available to the pub7 lic, a report containing the findings of the study 

8 under subsection (e)(1) and the recommendations 

9 developed under subsection (e)(2). 

10 SEC. 4617. WRITTEN ARRANGEMENTS TO PROVIDE EDU11 CATIONAL PROGRAMS. 

12 Part G of title IV of the Higher Education Act of 

13 1965 (20 U.S.C. 1088 et seq.) is amended by inserting 

14 after section 486C (as added by section 4614 of this Act) 

15 the following: 

16 ‘‘SEC. 486D. WRITTEN ARRANGEMENTS TO PROVIDE EDU17 CATIONAL PROGRAMS. 

18 ‘‘(a) WRITTEN ARRANGEMENTS BETWEEN ELIGIBLE

19 INSTITUTIONS.— 

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), if an eligible institution enters into a 

22 written arrangement with another eligible institu23 tion, or with a consortium of eligible institutions, 

24 under which the other eligible institution or consor25 tium provides part of the educational program to 

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1 students enrolled in the first institution, the Sec2 retary shall consider that educational program to be 

3 an eligible program if the educational program of4 fered by the institution that grants the degree or 

5 certificate otherwise satisfies the requirements for 

6 eligibility under this title. 

7 ‘‘(2) COMMON OWNERSHIP OR CONTROL.—If 

8 the written arrangement described in paragraph (1) 

9 is between two or more eligible institutions that are 

10 owned or controlled by the same individual, partner11 ship, or corporation, the Secretary shall consider the 

12 educational program to be an eligible program if— 

13 ‘‘(A) the educational program offered by 

14 the institution that grants the degree or certifi15 cate otherwise satisfies the requirements for eli16 gibility under this title; and 

17 ‘‘(B) the institution that grants the degree 

18 or certificate provides more than 50 percent of 

19 the educational program. 

20 ‘‘(b) WRITTEN ARRANGEMENTS FOR STUDY21 ABROAD.—Under a study abroad program, if an eligible 

22 institution enters into a written arrangement under which 

23 an institution in another country, or an organization act24 ing on behalf of an institution in another country, provides 

25 part of the educational program of students enrolled in 

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1 the eligible institution, the Secretary considers that edu2 cational program to be an eligible program if it otherwise 

3 satisfies the requirements of paragraphs (1) through (3) 

4 of subsection (c). 

5 ‘‘(c) WRITTEN ARRANGEMENTS BETWEEN AN ELIGI6 BLE INSTITUTION AND AN INELIGIBLE INSTITUTION OR

7 ORGANIZATION.—If an eligible institution enters into a 

8 written arrangement with an institution or organization 

9 that is not an eligible institution under which the ineligible 

10 institution or organization provides part of the educational 

11 program of students enrolled in the eligible institution, the 

12 Secretary shall consider that educational program to be 

13 an eligible program if— 

14 ‘‘(1) the ineligible institution or organization 

15 has not— 

16 ‘‘(A) had its eligibility to participate in the 

17 programs under this title terminated by the 

18 Secretary; 

19 ‘‘(B) voluntarily withdrawn from participa20 tion programs under this title under a termi21 nation, show-cause, suspension, or similar type 

22 proceeding initiated by the institution’s State li23 censing agency, accrediting agency, guarantor, 

24 or by the Secretary; 

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1 ‘‘(C) had its certification to participate in 

2 programs under this title revoked by the Sec3 retary; 

4 ‘‘(D) had its application for re-certification 

5 to participate in programs under this title de6 nied by the Secretary; or 

7 ‘‘(E) had its application for certification to 

8 participate in programs under this title denied 

9 by the Secretary; 

10 ‘‘(2) the ineligible institution or organization 

11 does not have any role in the admission of students 

12 into the educational program; 

13 ‘‘(3) the educational program offered by the in14 stitution that grants the degree or certificate other15 wise satisfies the requirements for eligibility under 

16 this title; and 

17 ‘‘(4)(A) the ineligible institution or organization 

18 provides 25 percent or less of the educational pro19 gram; or 

20 ‘‘(B)(i) the ineligible institution or organization 

21 provides more than 25 percent but less than 50 per22 cent of the educational program; 

23 ‘‘(ii) the eligible institution and the ineligible in24 stitution or organization are not owned or controlled 

25 by the same individual, partnership, or corporation; 

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1 ‘‘(iii) the eligible institution’s accrediting agen2 cy, or if the institution is a public postsecondary vo3 cational educational institution, the State agency de4 termined by the Secretary to be a reliable authority 

5 as to the quality of public postsecondary vocational 

6 education pursuant to section 487(c)(4), has specifi7 cally determined that the institution’s arrangement 

8 meets the agency’s standards for the contracting out 

9 of educational services; and 

10 ‘‘(iv) the eligible institution provides to the Sec11 retary the institution’s expenditures on instruction, 

12 student services, marketing, recruitment, adver13 tising, and lobbying made available under section 

14 132(i)(1)(AA) with respect to the portion of the edu15 cational program covered by the written arrange16 ment. 

17 ‘‘(d) ADMINISTRATION OF TITLE IV PROGRAMS.— 

18 ‘‘(1) IN GENERAL.—If an institution enters into 

19 a written arrangement as described in subsection 

20 (a), subsection (b), or subsection (c), except as pro21 vided in paragraph (2), the institution at which the 

22 student is enrolled as a regular student shall deter23 mine the student’s eligibility for funds under this 

24 title, and shall calculate and disburse those funds to 

25 that student. 

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1 ‘‘(2) SPECIAL RULE FOR ARRANGEMENTS BE2 TWEEN ELIGIBLE INSTITUTIONS.—In the case of a 

3 written arrangement between eligible institutions, 

4 the institutions may agree in writing to have any eli5 gible institution in the written arrangement calculate 

6 and disburse funds under this title to the student 

7 and the Secretary shall not consider that institution 

8 to be a third party servicer for that arrangement. 

9 ‘‘(3) CALCULATION AND DISBURSEMENT.—The 

10 institution that calculates and disburses a student’s 

11 funds under paragraph (1) or paragraph (2) must— 

12 ‘‘(A) take into account all the hours in 

13 which the student enrolls at each institution 

14 that apply to the student’s degree or certificate 

15 when determining the student’s enrollment sta16 tus and cost of attendance; and 

17 ‘‘(B) maintain all records regarding the 

18 student’s eligibility for and receipt of funds 

19 under this title. 

20 ‘‘(e) INFORMATION MADE AVAILABLE TO STU21 DENTS.—If an institution enters into a written arrange22 ment described in subsection (a), subsection (b), or sub23 section (c), the institution shall provide directly to enrolled 

24 and prospective students, and make available on a publicly 

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1 ten arrangements the institution has entered into in ac2 cordance with this section, including information on— 

3 ‘‘(1) the portion of the educational program 

4 that the institution that grants the degree or certifi5 cate is not providing; 

6 ‘‘(2) the name and location of the other institu7 tions or organizations that are providing the portion 

8 of the educational program that the institution that 

9 grants the degree or certificate is not providing; 

10 ‘‘(3) the method of delivery of the portion of 

11 the educational program that the institution that 

12 grants the degree or certificate is not providing; and 

13 ‘‘(4) estimated additional costs students may 

14 incur as the result of enrolling in an educational 

15 program that is provided, in part, under the written 

16 arrangement.’’. 

17 SEC. 4618. IMPROVEMENTS TO PROGRAM PARTICIPATION 

18 AGREEMENTS. 

19 (a) ALCOHOL AND SUBSTANCE MISUSE PREVEN20 TION.—Section 487(a)(10) of the Higher Education Act 

21 of 1965 (20 U.S.C. 1094(a)(10)) is amended by striking 

22 ‘‘a drug abuse prevention program’’ and inserting ‘‘an al23 cohol and substance misuse prevention program in accord24 ance with section 120’’. 

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1 (b) ADJUSTED COHORT DEFAULT RATE.—Section 

2 487(a)(14) of the Higher Education Act of 1965 is 

3 amended by adding at the end the following: 

4 ‘‘(D) Beginning on the date on which the 

5 final adjusted cohort default rates are published 

6 by the Secretary for fiscal year 2018 under sec7 tion 435(m), subparagraph (C) shall be applied 

8 by substituting ‘adjusted cohort default rate in 

9 excess of 5 percent’ for ‘cohort default rate in 

10 excess of 10 percent’ each place it appears.’’. 

11 (c) POSTSECONDARY DATA.—Paragraph (17) of sec12 tion 487(a) of the Higher Education Act of 1965 (20 

13 U.S.C. 1094(a)) is amended to read as follows: 

14 ‘‘(17) The institution of higher education (or 

15 the assigned agent of such institution) shall collect 

16 and submit data to the Commissioner for Education 

17 Statistics in a timely manner in accordance with— 

18 ‘‘(A) section 132(l); 

19 ‘‘(B) nonstudent-related surveys within the 

20 Integrated Postsecondary Education Data Sys21 tem (IPEDS); and 

22 ‘‘(C) any other Federal postsecondary data 

23 collection effort.’’. 

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1 (d) ACCESS TO HOUSING FOR FOSTER YOUTH.—Sec2 tion 487(a)(19) of the Higher Education Act of 1965 (20 

3 U.S.C. 1094(a)(19)) is amended— 

4 (1) by striking ‘‘The institution will not’’ and 

5 inserting the following: ‘‘The institution— 

6 ‘‘(A) will not’’; 

7 (2) by inserting ‘‘housing facilities,’’ after ‘‘li8 braries,’’; 

9 (3) by striking ‘‘institution.’’ and inserting ‘‘in10 stitution; and’’; and 

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

12 ‘‘(B) will provide a means for students to 

13 access institutionally owned or operated housing 

14 if a student is temporarily unable to meet fi15 nancial obligations related to housing, including 

16 deposits, due to delayed disbursement of vouch17 ers for education and training made available 

18 under section 477 of part E of title IV of the 

19 Social Security Act or delays attributable to the 

20 institution.’’. 

21 (e) DISTRIBUTION OF VOTER REGISTRATION

22 FORMS.— 

23 Section 487(a)(23)(A) of the Higher Education 

24 Act of 1965 (20 U.S.C. 1094(a)(23)(A)) is amended 

25 by striking ‘‘, if located in a state to which section 

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1 (4)(b) of the National Voter Registration Act of 

2 1993 (42 U.S.C. 1973gg–2(b)) does not apply,’’. 

3 (f) PROPRIETARY INSTITUTIONS.—Section 

4 487(a)(24) of the Higher Education Act of 1965 (20 

5 U.S.C. 1094(a)(24)) is amended by striking ‘‘not less than 

6 ten percent of such institution’s revenues from sources 

7 other than funds provided under this title’’ and inserting 

8 ‘‘not less than 15 percent of such institution’s revenues 

9 from sources other than Federal education assistance 

10 funds’’. 

11 (g) WRITTEN ARRANGEMENTS WITH OTHER INSTI12 TUTIONS.—Section 487(a) of the Higher Education Act 

13 of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 

14 end the following: 

15 ‘‘(30) In the case of an institution that enters 

16 into a written arrangement with an organization or 

17 another institution to provide part of an educational 

18 program, the institution will comply with the appli19 cable requirements of section 486D.’’. 

20 SEC. 4619. COMPLIANCE WITH THE CIVIL RIGHTS ACT OF 

21 1964. 

22 Section 487(a) of the Higher Education Act of 1965 

23 (20 U.S.C. 1094(a)), as amended by the preceding sec24 tions, is further amended by adding at the end the fol25 lowing: 

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1 ‘‘(31) The institution will— 

2 ‘‘(A) designate at least one employee to co3 ordinate compliance with title VI of the Civil 

4 Rights Act of 1964 (42 U.S.C. 2000d et seq.), 

5 including any investigation of any complaint al6 leging— 

7 ‘‘(i) noncompliance with such title; 

8 and 

9 ‘‘(ii) any actions prohibited by such 

10 title; 

11 ‘‘(B) annually submit a report to the Sec12 retary that includes all complaints described in 

13 subparagraph (A) with respect to such institu14 tion; 

15 ‘‘(C) make the report under subparagraph 

16 (B) publicly available on the internet website of 

17 the institution; and 

18 ‘‘(D) notify students and employees of— 

19 ‘‘(i) the name, office address, and 

20 telephone number of each employee des21 ignated under subparagraph (A); 

22 ‘‘(ii) the report under subparagraph 

23 (B); 

24 ‘‘(iii) the enforcement policies of the 

25 institution with respect to such title; and 

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1 ‘‘(iv) the procedure for reporting and 

2 investigating complaints under such title.’’. 

3 SEC. 4620. SUBMISSION OF DATA WITH RESPECT TO STU4 DENTS WITH DISABILITIES. 

5 Section 487(a) of the Higher Education Act of 1965 

6 (20 U.S.C. 1094(a)), as amended by the preceding sec7 tions, is further amended by adding at the end the fol8 lowing: 

9 ‘‘(32) The institution will submit, for inclusion 

10 in the postsecondary student data system established 

11 under section 132(l), the Integrated Postsecondary 

12 Education Data System of the Department, or any 

13 other Federal postsecondary institution data collec14 tion effort, key data related to undergraduate and 

15 graduate students enrolled at the institution who are 

16 formally registered as students with disabilities with 

17 the institution’s office of accessibility, including the 

18 total number of students with disabilities enrolled, 

19 the number of students accessing or receiving ac20 commodation, the percentage of students with dis21 abilities of all undergraduate students, and the total 

22 number of undergraduate certificates or degrees 

23 awarded to students with disabilities. An institution 

24 shall not be required to submit the information de25 scribed in the preceding sentence if the number of 

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1 such students would reveal personally identifiable in2 formation about an individual student.’’. 

3 SEC. 4621. EDUCATION PROGRAM ON HAZING. 

4 (a) EDUCATIONAL PROGRAM ON HAZING.—Section 

5 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

6 1094(a)), as amended by the preceding sections, is further 

7 amended by adding at the end the following: 

8 ‘‘(33) The institution will provide students with 

9 an educational program on hazing (as that term is 

10 defined in section 485(f)(6)(A)(vii)), which shall in11 clude information on hazing awareness, hazing pre12 vention, and the institution’s policies on hazing.’’. 

13 SEC. 4622. CHANGES TO PROGRAM PARTICIPATION AGREE14 MENTS TO STRENGTHEN CONSUMER PRO15 TECTIONS. 

16 (a) PROHIBITION ON LOSS OF ACCESS TO TRAN17 SCRIPTS FOR LOAN DEFAULT.—Section 487(a) of the 

18 Higher Education Act of 1965 (20 U.S.C. 1094(a)) is fur19 ther amended by adding at the end the following: 

20 ‘‘(34)(A) The institution will not prohibit a stu21 dent from accessing the student’s transcripts, degree 

22 scrolls, or other certifications of coursework or edu23 cational attainments at the institution because the 

24 student is in default on the repayment of a loan 

25 made, insured, or guaranteed under this title. 

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1 ‘‘(B) For purposes of this paragraph, the term 

2 ‘student’ includes former students.’’. 

3 (b) PROHIBITION ON LIMITATIONS ON ABILITY OF

4 STUDENTS TO PURSUE CLAIMS AGAINST CERTAIN INSTI5 TUTIONS OF HIGHER EDUCATION.—Section 487(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 1094(a)) is fur7 ther amended by adding at the end the following: 

8 ‘‘(35) No agreement between the institution 

9 and any student will contain any limitation or re10 striction (including a limitation or restriction on any 

11 available choice of applicable law, a jury trial, or 

12 venue) on the ability of the student to pursue a 

13 claim, individually or with others, against an institu14 tion in court.’’. 

15 SEC. 4623. MISREPRESENTATION AND SUBSTANTIAL MIS16 REPRESENTATION DEFINED. 

17 Section 487(c)(3) of the Higher Education Act of 

18 1965 (20 U.S.C. 1094(c)(3)) is amended— 

19 (1) in subparagraph (B)(i)(II), by striking 

20 ‘‘$25,000’’ and inserting ‘‘$60,000’’; and 

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

22 ‘‘(C) In this paragraph: 

23 ‘‘(i) The term ‘misleading’ means having 

24 the likelihood or tendency to mislead under the 

25 circumstances. 

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1 ‘‘(ii) The term ‘misrepresentation’— 

2 ‘‘(I) means any false, erroneous, or 

3 misleading statement an institution, one of 

4 its representatives, or a third-party 

5 servicer (as defined in section 481(c)) 

6 makes directly or indirectly to a student, 

7 prospective student or any member of the 

8 public, or an accrediting agency, a State 

9 agency, or to the Secretary; and 

10 ‘‘(II) includes any statement that 

11 omits information in such a way as to 

12 make the statement false, erroneous, or 

13 misleading. 

14 ‘‘(iii) The term ‘statement’ means any 

15 communication made in writing, visually, orally, 

16 or through other means. 

17 ‘‘(iv) The term ‘substantial misrepresenta18 tion’ means any misrepresentation on which the 

19 person to whom such misrepresentation was 

20 made could reasonably be expected to rely, or 

21 has reasonably relied, to that person’s det22 riment.’’. 

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1 SEC. 4624. TEACH-OUT PLANS. 

2 Section 487(f)(2) of the Higher Education Act of 

3 1965 (20 U.S.C. 1094(f)(2)) is amended to read as fol4 lows: 

5 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub6 section, the term ‘teach-out plan’ means a written 

7 plan that provides for the equitable treatment of stu8 dents if an institution of higher education ceases to 

9 operate before all students have completed their pro10 gram of study that— 

11 ‘‘(A) shall include— 

12 ‘‘(i) a process to maintain a complete 

13 list of such students and the estimated 

14 date of completion of each such student’s 

15 program of study; and 

16 ‘‘(ii) a record retention plan that in17 cludes— 

18 ‘‘(I) a plan to provide each stu19 dent with the transcript of such stu20 dent, at no cost to such student; and 

21 ‘‘(II) the policies and procedures 

22 required under subparagraphs (B) 

23 and (C) of section 495(a)(6). 

24 ‘‘(B) may include— 

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1 ment between institutions for such a teach2 out plan; and 

3 ‘‘(ii) such other information as the 

4 Secretary may require.’’. 

5 SEC. 4625. EXPERIMENTAL PROGRAMS. 

6 Section 487A of the Higher Education Act of 1965 

7 (20 U.S.C. 1094a) is amended to read as follows: 

8 ‘‘SEC. 487A. EXPERIMENTATION WITH STATUTORY AND 

9 REGULATORY FLEXIBILITY. 

10 ‘‘(a) EXPERIMENTAL SITES.—The Secretary is au11 thorized to periodically select a limited number of institu12 tions for voluntary participation as experimental sites to 

13 test the effectiveness of approaches to statutory and regu14 latory flexibility that— 

15 ‘‘(1) to the extent appropriate, may lead to a 

16 reduction of regulatory burden on institutions of 

17 higher education or the Department of Education, 

18 except that the Secretary shall not waive any re19 quirement of this title for any institution partici20 pating as an experimental site that would reduce the 

21 protections or the information provided to a student 

22 under this Act; and 

23 ‘‘(2) aim to increase student success, as deter24 mined in accordance with subsection (g). 

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1 ‘‘(b) CONTINUING AND DISCONTINUING EXPERI2 MENTS AND EXPERIMENTAL SITES.—The Secretary may 

3 continue any experiment or the voluntary participation of 

4 any experimental site in existence as of the date of enact5 ment of the College Affordability Act, unless the Secretary 

6 determines that such experiment or site has not been suc7 cessful in increasing student success as determined in ac8 cordance with subsection (g). Any experiment or experi9 mental site approved by the Secretary prior to the date 

10 of enactment of the College Affordability Act that has not 

11 been successful in increasing student success shall be dis12 continued before the first day of the first ward year begin13 ning after such date. 

14 ‘‘(c) WAIVERS.—The Secretary is authorized to 

15 waive, for any institution participating as an experimental 

16 site under subsection (a), any requirements in this title, 

17 including requirements related to the award process and 

18 disbursement of student financial aid (such as innovative 

19 delivery systems for modular or compressed courses, or 

20 other innovative systems), verification of student financial 

21 aid application data, entrance and exit interviews, or other 

22 management procedures or processes as determined in the 

23 negotiated rulemaking process under section 492, or regu24 lations prescribed under this title, that will bias the results 

25 of the experiment, except that the Secretary shall not 

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1 waive any provisions with respect to award rules (other 

2 than an award rule related to an experiment in modular 

3 or compressed schedules), grant and loan maximum award 

4 amounts, and need analysis requirements unless the waiv5 er of such provisions is authorized by another provision 

6 under this title. 

7 ‘‘(d) EVALUATION PLAN REQUIRED.—Before noti8 fying institutions of the intent of the Secretary to carry 

9 out an experiment under this section, the Secretary, in 

10 consultation with the Director of the Institute of Edu11 cation Sciences, shall develop an evaluation plan for the 

12 experiment. The evaluation plan shall include the fol13 lowing: 

14 ‘‘(1) Identification of the methodology to be 

15 used for collecting data on the experiment which 

16 shall include, to the extent practicable, a method17 ology that allows for the disaggregation of data by 

18 age, race, gender, disability status, status as a vet19 eran or member of the Armed Forces, status as a 

20 first generation college student, and status as a re21 cipient of a Federal Pell Grant under section 401. 

22 ‘‘(2) Identification of the rigorous evaluation 

23 methods to be used for determining the impact of 

24 the experiment, which shall include, to the extent 

25 practicable— 

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1 ‘‘(A) a randomized controlled design; and 

2 ‘‘(B) an assessment of whether the experi3 ment has a differential impact on any group de4 scribed in paragraph (1). 

5 ‘‘(3) A schedule for conducting the experiment 

6 in accordance with the duration limit specified in 

7 subsection (f). 

8 ‘‘(4) An estimate of the cost of conducting the 

9 experiment, to the extent practicable. 

10 ‘‘(5) An estimate of the size of the study sam11 ple (such as the number of participating students or 

12 institutions) needed to determine if the experiment 

13 has statistically significant effects. 

14 ‘‘(e) LIMITATION PENDING NOTICE TO CONGRESS.— 

15 ‘‘(1) LIMITATION.—The Secretary may not 

16 carry out an experiment at an experimental site 

17 under this section until a period of 60 days has 

18 elapsed following the date on which the Secretary 

19 submits to the authorizing committees the notice de20 scribed in paragraph (2). 

21 ‘‘(2) NOTICE TO CONGRESS.—The notice de22 scribed in this paragraph is a written notice that in23 cludes— 

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1 ‘‘(A) a description of the experiment pro2 posed to be carried out by the Secretary, includ3 ing the rationale for the proposed experiment; 

4 ‘‘(B) the policy-relevant questions the Sec5 retary intends to evaluate through the experi6 ment and an explanation of how the design of 

7 the experiment will allow the Secretary to best 

8 answer those questions; 

9 ‘‘(C) a list of the specific statutory and 

10 regulatory requirements that the Secretary in11 tends to waive with respect to an institution 

12 participating as an experimental site and the 

13 legal authority for such waivers; 

14 ‘‘(D) an explanation of how the statutory 

15 and regulatory flexibility provided to an institu16 tion participating as an experimental site is ex17 pected to increase student success, as required 

18 under subsection (a); and 

19 ‘‘(E) a copy of the evaluation plan devel20 oped under subsection (d). 

21 ‘‘(f) DURATION.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), the duration of an experiment under this 

24 section shall not exceed a period of four years begin25 ning with the first award year for which Federal fiVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 nancial aid is disbursed to students participating in 

2 the experiment. 

3 ‘‘(2) EXTENSION.—The Secretary may extend 

4 an experiment for up to two years beyond the four5 year period specified in paragraph (1) on a case-by6 case basis. 

7 ‘‘(g) DETERMINATION OF SUCCESS.—For the pur8 poses of subsection (a), the Secretary shall make a deter9 mination of success regarding an institution’s participa10 tion as an experimental site based on— 

11 ‘‘(1) whether, and to what extent, student out12 comes improve as a direct result of the experiment; 

13 ‘‘(2) whether the experimental site improves the 

14 delivery of services to, or otherwise benefitted, stu15 dents; and 

16 ‘‘(3) the extent to which the experiment reduces 

17 administrative burdens on institutions participating 

18 as experimental sites, as documented in the Sec19 retary’s annual report under subsection (h)(3), with20 out harming students. 

21 ‘‘(h) OUTCOMES REPORTING.— 

22 ‘‘(1) DATA SUBMISSION.—Each institution par23 ticipating as an experimental site shall submit to the 

24 Secretary, on a periodic basis to be determined by 

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1 the Secretary, data on outcomes relating to the ex2 periment carried out at the site. 

3 ‘‘(2) REVIEW AND EVALUATION.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the Secretary shall review and rigor6 ously evaluate the activities of each institution 

7 participating as an experimental site. 

8 ‘‘(B) EVALUATION METHODOLOGY.—To 

9 the extent practicable, the evaluation under 

10 subparagraph (A) shall be based on data col11 lected in accordance with the data collection 

12 methodology specified in the evaluation plan for 

13 the experiment under subsection (d)(1). 

14 ‘‘(3) ANNUAL REPORT.—On an annual basis, 

15 the Secretary shall submit to the authorizing com16 mittees a report based on the review and evaluation 

17 carried out under paragraph (2). Each report shall 

18 include, with respect to each experiment carried out 

19 by the Secretary during the period covered by the 

20 report, the following: 

21 ‘‘(A) A summary of the status of the ex22 periment. 

23 ‘‘(B) A list identifying each institution par24 ticipating as an experimental site. 

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1 ‘‘(C) The specific statutory or regulatory 

2 waivers granted to each institution participating 

3 as an experimental site. 

4 ‘‘(D) In a case in which data on the exper5 iment is not collected in accordance with the 

6 methodology specified in the evaluation plan 

7 under subsection (d)(1)— 

8 ‘‘(i) the reasons that such method9 ology was not used to collect data on the 

10 experiment; and 

11 ‘‘(ii) a description of the alternative 

12 data collection methodology used for the 

13 experiment. 

14 ‘‘(E) An evaluation of the quality of data 

15 yielded by the experiment. 

16 ‘‘(F) A summary and analysis of the find17 ings, to date, of the experiment. 

18 ‘‘(G) An assessment of whether the experi19 ment has had a differential impact on any 

20 group listed in subsection (d)(1). 

21 ‘‘(H) An explanation of any current or 

22 foreseen barriers to conducting the experiment. 

23 ‘‘(I) In the case of an experiment for which 

24 the Secretary determines there is sufficient 

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1 ration limit specified in subsection (f)(1), ade2 quate documentation to justify such continu3 ation. 

4 ‘‘(4) FINAL REPORT.—Not later than 180 days 

5 after the conclusion of each experiment, the Sec6 retary shall submit to the authorizing committees a 

7 report that includes the following: 

8 ‘‘(A) A summary of the data yielded by the 

9 experiment, including, to the extent practicable, 

10 data on the results of the experiment 

11 disaggregated by age, race, gender, disability 

12 status, status as a veteran or member of the 

13 Armed Forces, status as a first generation col14 lege student, and status as a recipient of a Fed15 eral Pell Grant under section 401. 

16 ‘‘(B) The conclusions reached regarding 

17 each experiment conducted. 

18 ‘‘(C) Recommendations, based on the re19 sults of the experiment— 

20 ‘‘(i) to improve and streamline rel21 evant statutes, including this Act; and 

22 ‘‘(ii) for improvements to relevant reg23 ulations. 

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1 ‘‘(D) An explanation of any changes to 

2 regulations that the Secretary intends to make 

3 as a result of the experiment. 

4 ‘‘(5) PUBLIC AVAILABILITY.—Each report sub5 mitted under paragraphs (3) and (4) shall be made 

6 available on a publicly accessible website of the De7 partment of Education. 

8 ‘‘(i) FAST-TRACK PROCESS TO COMPLY WITH IN9 FORMATION COLLECTION REQUIREMENTS.—The require10 ments of section 3507 of title 44, United States Code, 

11 shall not apply to the collection of information by the De12 partment of Education on experiments carried out in ac13 cordance with this section.’’. 

14 SEC. 4626. ADMINISTRATIVE EXPENSES. 

15 Section 489(a) of the Higher Education Act of 1965 

16 (20 U.S.C. 1096(a)) is amended— 

17 (1) in the second sentence, by striking ‘‘or 

18 under part E of this title’’; and 

19 (2) in the third sentence— 

20 (A) by inserting ‘‘and’’ after ‘‘subpart 3 of 

21 part A,’’; and 

22 (B) by striking ‘‘compensation of stu23 dents,’’ and all that follows through the period 

24 and inserting ‘‘compensation of students.’’. 

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1 SEC. 4627. REGIONAL MEETINGS AND NEGOTIATED RULE2 MAKING. 

3 Section 492 of the Higher Education Act (20 U.S.C. 

4 1098a) is amended— 

5 (1) in subsection (a)(1), by striking ‘‘students, 

6 institutions of higher education, State student grant 

7 agencies, guaranty agencies, lenders, secondary mar8 kets, loan servicers, guaranty agency servicers, and 

9 collection agencies’’ and inserting ‘‘students and bor10 rowers, consumer representatives, institutions of 

11 higher education, and contractors responsible for 

12 carrying out student financial assistance programs 

13 under this title’’; and 

14 (2) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘both 

16 representatives of such groups from Wash17 ington, D.C., and industry participants’’ and in18 serting ‘‘representatives that are broadly rep19 resentative of constituencies in different sectors 

20 and geographic locations’’; and 

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

22 ‘‘(3) NEGOTIATED RULEMAKING PROCESS.—In 

23 carrying out a negotiated rulemaking process re24 quired under this section, the Secretary shall— 

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1 ‘‘(A) to the extent practicable, comply with 

2 requests from the participants in such nego3 tiated rulemaking process for data; 

4 ‘‘(B) make publicly available issue papers 

5 and the proposed regulations described in para6 graph (1) in a timely manner that allows for 

7 public review; 

8 ‘‘(C) make video recordings of each nego9 tiated rulemaking session publicly available 

10 through simultaneous transmission; 

11 ‘‘(D) archive the video recordings described 

12 in subparagraph (C) in a publicly available 

13 manner; and 

14 ‘‘(E) make publicly available the tran15 scripts of each such negotiated rulemaking ses16 sion.’’. 

17 SEC. 4628. INCOME-BASED REPAYMENT PLAN. 

18 (a) OPTIONS TO ENTER INTO THE NEW FIXED RE19 PAYMENT PLAN AND INCOME-BASED REPAYMENT

20 PLAN.—Section 493C(b) of the Higher Education Act of 

21 1965 (20 U.S.C. 1098e) is amended— 

22 (1) in paragraph (7)(B)— 

23 (A) by striking ‘‘or’’ at the end of clause 

24 (iv); and 

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

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1 ‘‘(vi) has made payments under the 

2 income-based repayment plan under sec3 tion 493C(f); or 

4 ‘‘(vii) has made payments under the 

5 fixed repayment plan described in section 

6 493E;’’; 

7 (2) by amending paragraph (8) to read as fol8 lows: 

9 ‘‘(8) a borrower who is repaying a loan made 

10 under part B or D pursuant to income-based repay11 ment may elect, at any time, to terminate repayment 

12 pursuant to income-based repayment and repay such 

13 loan under the income-based repayment plan under 

14 section 493C(f) or the fixed repayment plan de15 scribed in section 493E;’’; 

16 (3) in paragraph (9), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

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

19 ‘‘(10) a borrower who is repaying a loan made, 

20 insured, or guaranteed under part B or D pursuant 

21 to this section may repay such loan in full at any 

22 time without penalty.’’. 

23 (b) AUTOMATIC RECERTIFICATION OF INCOME FOR

24 INCOME-DRIVEN REPAYMENT PLANS.—Section 493C(c) 

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1 of the Higher Education Act of 1965 (20 U.S.C. 1098e(c)) 

2 is amended— 

3 (1) by striking ‘‘The Secretary shall establish’’ 

4 and inserting the following: 

5 ‘‘(1) IN GENERAL.—The Secretary shall estab6 lish’’; 

7 (2) by striking ‘‘The Secretary shall consider’’ 

8 and inserting the following: 

9 ‘‘(2) PROCEDURES FOR ELIGIBILITY.—The Sec10 retary shall— 

11 ‘‘(A) consider’’; and 

12 (3) by striking ‘‘428C(b)(1)(E).’’ and inserting 

13 the following: ‘‘428C(b)(1)(E); and 

14 ‘‘(B) beginning as soon as the Secretary 

15 determines practicable after the Secretary final16 izes the procedures required under section 9004 

17 of the College Affordability Act, but not later 

18 than 2 years after the date of enactment of 

19 such Act, carry out, with respect to borrowers 

20 of any covered loan (as defined in section 

21 455(d)(10)), including such borrowers who se22 lect, or for whom the Secretary selects under 

23 paragraph (8)(C) or (9)(C) of subsection (d), or 

24 section 428(m)(1), the income-based repayment 

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1 come-based repayment plans under this section 

2 that are equivalent to the procedures carried 

3 out under section 455(e)(9) with respect to in4 come contingent repayment plans.’’. 

5 (c) INCOME-BASED REPAYMENT.—Section 493C of 

6 the Higher Education Act of 1965 (20 U.S.C. 1098e) is 

7 amended by adding at the end the following: 

8 ‘‘(f) INCOME-BASED REPAYMENT FOR NEW LOANS

9 ON AND AFTER JULY 1, 2021, AND FOR BORROWERS

10 WHO ENTER INCOME-BASED REPAYMENT AFTER JUNE

11 30, 2021.— 

12 ‘‘(1) IN GENERAL.—The income-based repay13 ment plan under this subsection shall be carried out 

14 in accordance with this section, except as otherwise 

15 specified in this subsection— 

16 ‘‘(A) with respect to any loan made under 

17 part D on or after July 1, 2021, if such bor18 rower elects such income-based repayment plan 

19 for the loan; and 

20 ‘‘(B) with respect to any loan made, in21 sured, or guaranteed under part B or D on or 

22 before June 30, 2021, if such borrower elects to 

23 repay the loan under such income-based repay24 ment plan on or after July 1, 2021. 

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1 ‘‘(2) SPECIAL TERMS.—Notwithstanding any 

2 other provision of this section, with respect to a loan 

3 described under paragraph (1), the following terms 

4 shall apply to the income-based repayment plan 

5 under this subsection: 

6 ‘‘(A)(i) Notwithstanding subsection 

7 (a)(3)(B), the repayment amount under this 

8 subsection shall be an amount equal to 10 per9 cent of the result obtained by calculating, on at 

10 least an annual basis, the amount by which the 

11 adjusted gross income of the borrower (subject 

12 to clause (ii)) exceeds the applicable percentage 

13 of the poverty line in accordance with clause 

14 (iii). 

15 ‘‘(ii)(I) Subject to subclause (II), in the 

16 case of a married borrower (regardless of tax 

17 filing status), clause (i) shall be applied by sub18 stituting ‘the adjusted gross income of the bor19 rower and the borrower’s spouse’ for ‘the ad20 justed gross income of the borrower’. 

21 ‘‘(II) Subclause (I) shall not be applicable 

22 to any borrower who is married and who cer23 tifies to the Secretary through a form approved 

24 by the Secretary that the borrower is— 

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1 ‘‘(aa) separated from the spouse of 

2 the borrower; or 

3 ‘‘(bb) unable to reasonably access the 

4 income information the spouse of such bor5 rower. 

6 ‘‘(iii) For purposes of clause (i), the term 

7 ‘applicable percentage’ means 250 percent of 

8 the poverty line applicable to the borrower’s 

9 family size (as determined under section 673(2) 

10 of the Community Services Block Grant Act 

11 (42 U.S.C. 9902(2)))— 

12 ‘‘(I) reduced by 10 percentage points 

13 for each $1,000 by which the borrower’s 

14 adjusted gross income (in the case of a sin15 gle borrower) exceeds $80,000; and 

16 ‘‘(II) reduced by 10 percentage points 

17 for each $2,000 by which the borrower’s 

18 adjusted gross income (in the case of a 

19 married borrower (regardless of filing sta20 tus)), exceeds $160,000. 

21 ‘‘(B) Subsection (b)(7)(B) shall apply by 

22 substituting ‘20 years’ for ‘25 years’. 

23 ‘‘(C) A borrower of such a loan may elect, 

24 and remain enrolled in, the income-based repay25 ment plan under this subsection regardless of— 

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1 ‘‘(i) whether such borrower has a par2 tial financial hardship; and 

3 ‘‘(ii) the income level of the borrower. 

4 ‘‘(D) Notwithstanding subparagraph (A) of 

5 subsection (b)(6), a borrower’s monthly pay6 ment— 

7 ‘‘(i) shall be equal to the repayment 

8 amount determined under subparagraph 

9 (A) divided by 12; and 

10 ‘‘(ii) may exceed the monthly repay11 ment amount under a standard 10-year re12 payment plan or a fixed repayment plan 

13 described in section 493E. 

14 ‘‘(E) Subparagraph (B) of subsection 

15 (b)(3) shall not apply. 

16 ‘‘(F) Subsection (d) shall not apply. 

17 ‘‘(G) In the case of a Federal Direct Con18 solidation Loan made on or after the date of 

19 enactment of the College Affordability Act that 

20 is being repaid under this subsection, any 

21 monthly payment made pursuant to any repay22 ment plan listed in subsection (b)(7)(B) on a 

23 loan for which the liability has been discharged 

24 by the proceeds of such consolidation loan shall 

25 be treated as a monthly payment under this 

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1 subsection on the portion of such consolidation 

2 loan that is attributable to such discharged 

3 loan, except that in the case of a subsequent 

4 consolidation loan, for purposes of this clause— 

5 ‘‘(i) any monthly payment made on 

6 the first consolidation loan or any other 

7 loan for which the liability has been dis8 charged by such subsequent consolidation 

9 loan shall be applicable; and 

10 ‘‘(ii) any monthly payment made on a 

11 loan for which the liability has been dis12 charged by such first consolidation loan 

13 shall not be applicable. 

14 ‘‘(3) ADDITIONAL SPECIAL TERMS FOR CER15 TAIN BORROWERS.—A borrower described in para16 graph (1)(B)— 

17 ‘‘(A) may— 

18 ‘‘(i) choose to continue repayment 

19 pursuant to the repayment plan in which 

20 the borrower is enrolled on June 30, 2021; 

21 or 

22 ‘‘(ii) make a one-time election to— 

23 ‘‘(I) terminate repayment pursu24 ant to the repayment plan described 

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1 based repayment plan under this sub2 section; or 

3 ‘‘(II) terminate repayment pursu4 ant to the repayment plan described 

5 in clause (i) and enter a fixed repay6 ment plan described in section 493E; 

7 and 

8 ‘‘(B) who makes an election under sub9 paragraph (A)(ii), shall not repay a loan de10 scribed in paragraph (1)(B) under a repayment 

11 plan that is not an income-based repayment 

12 plan under this subsection or a fixed repayment 

13 plan described in section 493E. 

14 ‘‘(4) WRITTEN, ELECTRONIC, OR VERBAL EN15 ROLLMENT IN INCOME-BASED REPAYMENT.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 develop and implement a process that is con18 sistent with any procedures (including 

19 verification procedures) established under sub20 section (c), which enables a covered borrower of 

21 a loan made under part D who desires to elect 

22 to repay such loan under income-based repay23 ment under this subsection to make such elec24 tion through written, electronic, or verbal notice 

25 to the Secretary. 

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1 ‘‘(B) COVERED BORROWER DEFINED.—In 

2 this paragraph, the term ‘covered borrower’ 

3 means a borrower of a loan made under part D 

4 who— 

5 ‘‘(i) is enrolled in the fixed repayment 

6 plan under section 493E; or 

7 ‘‘(ii) has not yet selected a repayment 

8 plan. 

9 ‘‘(g) SPECIAL RULE FOR REFINANCED LOANS.— 

10 ‘‘(1) REFINANCED FEDERAL DIRECT AND FFEL

11 LOANS.—In calculating the period of time during 

12 which a borrower of a loan that is refinanced under 

13 section 460A has made monthly payments for pur14 poses of subsection (b)(7), the Secretary shall in15 clude each month in which a monthly payment was 

16 made for the original loan or the refinanced loan, if 

17 such monthly payment otherwise meet the require18 ments of this section. 

19 ‘‘(2) FEDERAL DIRECT REFINANCED PRIVATE

20 LOANS.—In calculating the period of time during 

21 which a borrower of a Federal Direct Refinanced 

22 Private Loan under section 460B has made monthly 

23 payments for purposes of subsection (b)(7), the Sec24 retary shall include only payments— 

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1 ‘‘(A) that are made after the date of the 

2 issuance of the Federal Direct Refinanced Pri3 vate Loan; and 

4 ‘‘(B) that otherwise meet the requirements 

5 of this section.’’. 

6 SEC. 4629. FIXED REPAYMENT PLAN. 

7 Part G of title IV of the Higher Education Act of 

8 1965 (20 U.S.C. 1088 et seq.) is further amended by add9 ing at the end the following: 

10 ‘‘SEC. 493E. FIXED REPAYMENT PLAN. 

11 ‘‘(a) IN GENERAL.—A borrower of a loan made under 

12 this part on or after July 1, 2021, and a borrower who 

13 is in repayment on a loan made, insured, or guaranteed 

14 under part B or part D before July 1, 2021, may elect 

15 to repay such loan under the fixed repayment plan de16 scribed in this section. 

17 ‘‘(b) FIXED REPAYMENT PLAN.—Under the fixed re18 payment plan, a borrower whose total outstanding amount 

19 of principal and interest on such a loan (as of the day 

20 before entering repayment on such loan)— 

21 ‘‘(1) is equal to or less than $20,000, shall 

22 repay such loan with a fixed monthly repayment 

23 amount paid over a period of 10 years; 

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1 ‘‘(2) is more than $20,000 and less than 

2 $30,000, shall repay such loan with a fixed monthly 

3 repayment amount paid over a period of— 

4 ‘‘(A) 15 years; or 

5 ‘‘(B) the period described in paragraph 

6 (1), if the borrower elects such period; 

7 ‘‘(3) is equal to or greater than $30,000, and 

8 less than $40,000, shall repay such loan with a fixed 

9 monthly repayment amount paid over a period of— 

10 ‘‘(A) 20 years; or 

11 ‘‘(B) the period described in paragraph (1) 

12 or (2), if the borrower elects such period; and 

13 ‘‘(4) is equal to or greater than $40,000, shall 

14 repay such loan with a fixed monthly repayment 

15 amount paid over a period of— 

16 ‘‘(A) 25 years; or 

17 ‘‘(B) the period described in any of para18 graphs (1) through (3), if the borrower elects 

19 such period. 

20 ‘‘(c) TREATMENT OF CERTAIN CONSOLIDATION

21 LOANS.—In the case of a Federal Direct Consolidation 

22 Loan made on or after the date of enactment of the Col23 lege Affordability Act that is being repaid under this sec24 tion, any monthly payment made pursuant to any repay25 ment plan listed in section 493C(b)(7)(B) on a loan for 

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1 which the liability has been discharged by the proceeds 

2 of such consolidation loan shall be treated as a monthly 

3 payment under this section on the portion of such consoli4 dation loan that is attributable to such discharged loan, 

5 except that in the case of a subsequent consolidation loan, 

6 for purposes of this subsection— 

7 ‘‘(1) any monthly payment made on the first 

8 consolidation loan or any other loan for which the li9 ability has been discharged by such subsequent con10 solidation loan shall be applicable; and 

11 ‘‘(2) any monthly payment made on a loan for 

12 which the liability has been discharged by such first 

13 consolidation loan shall not be applicable.’’. 

14 SEC. 4630. REQUIRING A COMMON MANUAL FOR LOAN 

15 SERVICERS. 

16 Part G of title IV of the Higher Education Act of 

17 1965 (20 U.S.C. 1088 et seq.), as amended by this part, 

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

19 ‘‘SEC. 493F. REQUIRING A COMMON MANUAL FOR LOAN 

20 SERVICERS. 

21 ‘‘(a) IN GENERAL.—Not later than 1 year after the 

22 date of enactment of the College Affordability Act, the 

23 Secretary shall develop a manual of common procedures 

24 and policies for entities with which the Secretary enters 

25 into contracts for the origination, servicing, and collection 

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1 of covered loans, to standardize procedures to ensure con2 sistency of quality and practice across such entities, and 

3 a minimum standard of quality and practice, to ensure 

4 that borrowers, including individuals pursuing public serv5 ice loan forgiveness under section 455(m) and teachers, 

6 are well served. 

7 ‘‘(b) UPDATES.—The Secretary shall update the 

8 manual under subsection (a) as frequently as may be nec9 essary, but not less frequently than once every 5 years. 

10 ‘‘(c) COVERED LOANS DEFINED.—The term ‘covered 

11 loans’ means— 

12 ‘‘(1) loans sold or assigned to the Secretary 

13 under part B; 

14 ‘‘(2) loans made or purchased under part D; 

15 and 

16 ‘‘(3) loans referred, transferred, or assigned to 

17 the Secretary under part E.’’. 

18 SEC. 4631. REMOVAL OF RECORD OF DEFAULT. 

19 Part G of title IV of the Higher Education Act of 

20 1965 (20 U.S.C. 1088 et seq.), as amended by the pre21 ceding sections, is further amended by adding at the end 

22 the following: 

23 ‘‘SEC. 493G. REMOVAL OF RECORD OF DEFAULT. 

24 ‘‘Upon repaying in full the amount due on a defaulted 

25 loan made, insured, or guaranteed under this title, the 

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1 Secretary, guaranty agency, or other holder of the loan 

2 shall request any consumer reporting agency to which the 

3 Secretary, guaranty agency or holder, as applicable, re4 ported the default of the loan, to remove any adverse item 

5 of information relating to a delinquent or defaulted loan 

6 made, insured, or guaranteed under this title from the bor7 rower’s credit history.’’. 

8 SEC. 4632. AMENDMENTS TO TERMS AND CONDITIONS OF 

9 BORROWER DEFENSES. 

10 (a) IN GENERAL.—Part G of title IV of the Higher 

11 Education Act of 1965 (20 U.S.C. 1088 et seq.), as 

12 amended by the preceding sections, is further amended by 

13 adding at the end the following: 

14 ‘‘SEC. 493H. BORROWER DEFENSES. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of State or Federal law, a defense to repayment of 

17 a loan under this title includes— 

18 ‘‘(1) a substantial misrepresentation; 

19 ‘‘(2) an act or omission that would give rise to 

20 a cause of action against an institution of higher 

21 education under applicable State law, to the extent 

22 that such act or omission relates to— 

23 ‘‘(A) a loan received by a borrower under 

24 this title; or 

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1 ‘‘(B) educational services for which such a 

2 loan was received; or 

3 ‘‘(3) such further acts or omissions that the 

4 Secretary determines to be appropriate in accord5 ance with subsection (b). 

6 ‘‘(b) REGULATIONS.—The Secretary shall specify in 

7 regulations which further acts or omissions of an institu8 tion of higher education a borrower may assert as a de9 fense to repayment of a loan made under this title. 

10 ‘‘(c) SECRETARIAL DETERMINATION.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall deter12 mine whether a borrower is entitled to relief under 

13 this section based on all evidence available to the 

14 Secretary. 

15 ‘‘(2) EVIDENTIARY STANDARD.—A borrower 

16 shall be entitled to relief under this section if a pre17 ponderance of the evidence available to the Secretary 

18 demonstrates that the borrower is entitled to such 

19 relief. 

20 ‘‘(3) INDEPENDENT DETERMINATION.—A de21 termination under paragraph (1) shall be inde22 pendent of any action that the Secretary may take 

23 to recoup funds from the institution of higher edu24 cation implicated by the borrower defense claim. 

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1 ‘‘(d) PROCEDURES FOR REVIEW AND RESOLUTION

2 OF CLAIMS.— 

3 ‘‘(1) PROCEDURES REQUIRED.—The Secretary 

4 shall establish procedures for the fair and expedi5 tious review and resolution of borrower defense 

6 claims brought under this section. In establishing 

7 such procedures, the Secretary shall— 

8 ‘‘(A) provide a fair process for the review 

9 and resolution of borrower defense claims, 

10 which shall include procedures for the consider11 ation of borrower defense claims on behalf of 

12 groups of similarly situated borrowers without 

13 requiring each borrower in the group to submit 

14 a separate claim; 

15 ‘‘(B) review a borrower defense claim at 

16 any time without regard to the repayment sta17 tus of any loan subject to such claim; 

18 ‘‘(C) allow a legal representative to bring 

19 a borrower defense claim— 

20 ‘‘(i) on behalf of an individual bor21 rower; or 

22 ‘‘(ii) on behalf of a group of similarly 

23 situated borrowers; and 

24 ‘‘(D) specify a fixed timeframe for the res25 olution of borrower defense claims. 

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1 ‘‘(2) DEFERMENT DURING PENDENCY OF

2 CLAIMS.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), a loan made under this title that is 

5 subject to a pending borrower defense claim 

6 shall be placed in deferment status, during 

7 which periodic installments of principal need 

8 not be paid and interest shall not accrue (or 

9 shall be paid by the Secretary), without regard 

10 to whether such loan is in default. 

11 ‘‘(B) OPT OUT.—The borrower of a loan 

12 subject to deferment under subparagraph (A) 

13 may opt out of such deferment at any time dur14 ing the pendency of the borrower defense claim. 

15 ‘‘(C) SUSPENSION OF CREDIT REPORTING

16 AND COLLECTION.—The Secretary shall sus17 pend all adverse credit reporting and collection 

18 activity, including offsets and garnishments, 

19 with respect to any loan in default that is sub20 ject to a deferment under subparagraph (A). 

21 ‘‘(f) TERMS OF RELIEF.— 

22 ‘‘(1) IN GENERAL.—If the Secretary determines 

23 under subsection (c) that a borrower is entitled to 

24 relief, the Secretary shall, subject to paragraph 

25 (2)— 

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1 ‘‘(A) cancel or repay all or a portion of the 

2 balance of interest and principal due on any 

3 loan subject to the claim for relief; and 

4 ‘‘(B) return to the borrower an amount not 

5 in excess of the total amount of payments made 

6 on the loan by the borrower. 

7 ‘‘(2) CANCELLATION OF DEBT AND RETURN OF

8 PAYMENTS.— 

9 ‘‘(A) SUBSTANTIAL MISREPRESENTATION

10 CLAIMS.—If the Secretary determines that a 

11 borrower is entitled to relief based on a claim 

12 of substantial misrepresentation, the Secretary 

13 shall— 

14 ‘‘(i) cancel or repay the full balance of 

15 interest and principal due on any loan sub16 ject to the claim; and 

17 ‘‘(ii) return to the borrower an 

18 amount equal to the total amount of pay19 ments made on the loan by the borrower. 

20 ‘‘(B) OTHER CLAIMS.—If the Secretary de21 termines that a borrower is entitled to relief 

22 based on a claim other than substantial mis23 representation, there shall be a presumption 

24 that the Secretary will cancel or repay the full 

25 balance of principal and interest due on the 

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1 loan and return the full amount of payments 

2 made by the borrower as described in subpara3 graph (A). If the Secretary determines that full 

4 cancellation or repayment of the debt and re5 turn of all funds paid on the loan is not appro6 priate in a particular case, the Secretary shall 

7 provide the borrower with a written explanation 

8 as to why partial cancellation or repayment, or 

9 the partial return of funds is appropriate. 

10 ‘‘(g) APPEALS.—Upon a determination by the Sec11 retary to deny a borrower defense claim under this section, 

12 the borrower may file an appeal with the Department. The 

13 Secretary shall develop and implement a standardized 

14 process for the treatment of appeals under this subsection. 

15 ‘‘(h) REFILING OF CLAIMS.—A borrower whose claim 

16 was denied under this section may refile the claim for good 

17 cause, which may include— 

18 ‘‘(1) the availability of substantial evidence that 

19 was not available to the Secretary at the time the 

20 initial claim was denied; 

21 ‘‘(2) the emergence of facts or circumstances 

22 that may have substantially altered the Secretary’s 

23 original treatment of the initial claim; and 

24 ‘‘(3) such other factors as may be determined 

25 by the Secretary. 

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1 ‘‘(i) DESIGNATION OF PERSONNEL.—The Secretary 

2 shall designate qualified personnel within the Department 

3 whose principal responsibility shall be the processing of 

4 borrower defense claims submitted under his section. 

5 ‘‘(j) AVAILABILITY OF INFORMATION TO BOR6 ROWERS.— 

7 ‘‘(1) BORROWER REQUESTS FOR INFORMA8 TION.—At the request of a borrower, the Secretary 

9 shall identify and provide to the borrower or the 

10 legal representative of the borrower any records the 

11 Secretary is considering as part of the borrower’s 

12 claim. 

13 ‘‘(2) STATUS OF CLAIM.—The Secretary shall 

14 establish a process under which each borrower with 

15 a claim pending under this section shall be notified 

16 of the status of the pending claim not fewer than 

17 once every 90 days. 

18 ‘‘(3) INFORMATION FROM INSTITUTIONS.—The 

19 Secretary may request documents and other infor20 mation relating to a borrower defense claim from an 

21 institution of higher education. An institution that 

22 receives a request for information from the Sec23 retary under this subsection shall provide the infor24 mation to the Secretary at such time, in such form, 

25 and in such manner as the Secretary may direct. 

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1 ‘‘(k) QUARTERLY REPORTS.— 

2 ‘‘(1) IN GENERAL.—Not less than once every 

3 fiscal quarter, the Secretary shall submit to the au4 thorizing committees a report that includes the fol5 lowing: 

6 ‘‘(A) The total number of claims submitted 

7 to the Secretary pursuant to this subsection in 

8 the fiscal quarter covered by the report and in 

9 all previous fiscal quarters. 

10 ‘‘(B) Of the claims described in subpara11 graph (A)— 

12 ‘‘(i) the number of claims that remain 

13 pending; 

14 ‘‘(ii) the number of claims that were 

15 denied by the Secretary, and the total dol16 lar amount of such claims; and 

17 ‘‘(iii) the number of claims that were 

18 approved by the Secretary, and the total 

19 dollar amount of such claims. 

20 ‘‘(2) DISAGGREGATION.—The information de21 scribed in subparagraphs (A) and (B) of paragraph 

22 (1) shall be disaggregated by State and institution 

23 of higher education (except that such disaggregation 

24 shall not be required in a case in which the results 

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1 would reveal personally identifiable information 

2 about an individual borrower). 

3 ‘‘(3) PUBLIC AVAILABILITY.—The information 

4 included in each report submitted under paragraph 

5 (A) shall be made available on a publicly accessible 

6 website of the Department. 

7 ‘‘(l) DEFINITIONS.—In this section: 

8 ‘‘(1) The term ‘legal representative’ means a li9 censed attorney working on behalf of a borrower or 

10 a group of borrowers, including— 

11 ‘‘(A) a State attorney general; and 

12 ‘‘(B) an attorney employed by a State 

13 agency, a Federal agency, or a nonprofit orga14 nization that is qualified to provide legal rep15 resentation to borrowers. 

16 ‘‘(2) The term ‘substantial misrepresentation’ 

17 has the meaning given that term in section 

18 487(c)(3)(C).’’. 

19 (b) CONFORMING AMENDMENT.—Subsection (h) of 

20 section 455 of the Higher Education Act of 1965 (20 

21 U.S.C. 1087e) is repealed. 

22 SEC. 4633. ON-TIME REPAYMENT RATES. 

23 Part G of title IV of the Higher Education Act of 

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1 ceding sections, is further amended by adding at the end 

2 the following: 

3 ‘‘SEC. 493I. ON-TIME REPAYMENT RATES. 

4 ‘‘(a) CALCULATION OF ON-TIME REPAYMENT

5 RATES.— 

6 ‘‘(1) ON-TIME REPAYMENT RATE DEFINED.— 

7 ‘‘(A) IN GENERAL.—The term ‘on-time re8 payment rate’ means for any fiscal year in 

9 which 30 or more current and former students 

10 at an institution have been in repayment for 3 

11 years on any covered loan received for attend12 ance at the institution, the percentage of such 

13 current and former students who have paid at 

14 least 90 percent of the monthly payments on 

15 such loan during such 3-year repayment period. 

16 ‘‘(B) SMALL COHORTS.—For any fiscal 

17 year in which fewer than 30 of an institution’s 

18 current and former students have been in re19 payment for 3 years, the term ‘on-time repay20 ment rate’ means the percentage of such cur21 rent and former students who entered their 3rd 

22 year of repayment on any covered loan received 

23 for attendance at the institution in any of the 

24 3 most recent fiscal years and who have paid at 

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1 least 90 percent of the monthly payments on 

2 such loan during such 3-year repayment period. 

3 ‘‘(2) ADDITIONAL REQUIREMENTS FOR RATE

4 DETERMINATION.— 

5 ‘‘(A) MULTIPLE INSTITUTIONS.—In the 

6 case of a student who has attended and bor7 rowed a covered loan for attendance at more 

8 than one institution, the student (and such stu9 dent’s subsequent repayment or monthly pay10 ment on such loan) is attributed to each institu11 tion for attendance at which the student re12 ceived such loan for which the student entered 

13 the 3rd year of repayment in the fiscal year for 

14 which the on-time repayment rate is being de15 termined. 

16 ‘‘(B) TREATMENT OF CONSOLIDATION

17 LOANS.—For purposes of determining whether 

18 a student is in repayment (or has paid a 

19 monthly payment) on a loan under section 

20 428C or a Federal Direct Consolidation Loan, 

21 only the portion of such loan that is used to 

22 repay a covered loan received for attendance at 

23 the institution whose on-time repayment rate is 

24 being determined shall be considered for pur25 poses of such rate. 

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1 ‘‘(3) DETERMINATION OF WHEN MONTHLY PAY2 MENT IS PAID.—For purposes of determining the 

3 on-time repayment rate of an institution, a student 

4 shall be considered to have paid a monthly payment 

5 on a covered loan if one of the following applies: 

6 ‘‘(A) The amount of such monthly pay7 ment has been paid not later than 30 days after 

8 the date on which such monthly payment is 

9 due, except that a monthly payment by the in10 stitution, such institution’s owner, agent, con11 tractor, employee, or any other entity or indi12 vidual affiliated with such institution made on 

13 behalf of a student who is not employed by the 

14 institution shall not be considered a paid 

15 monthly payment on such loan. 

16 ‘‘(B) The monthly payment amount due on 

17 such loan is equal to zero. 

18 ‘‘(C) The full amount due on the loan has 

19 been repaid or the liability on the loan has been 

20 otherwise discharged under this Act. 

21 ‘‘(D) The student is in a period of 

22 deferment, other than— 

23 ‘‘(i) a deferment due to an economic 

24 hardship described section 

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1 427(a)(2)(C)(iii), 428(b)(1)(M)(iv), or 

2 455(f)(2)(D); or 

3 ‘‘(ii) a deferment due to unemploy4 ment described in section 427(a)(2)(C)(ii), 

5 428(b)(1)(M)(ii), or 455(f)(2)(B). 

6 ‘‘(E) The student is in one of the following 

7 periods of forbearance (as applicable to loans 

8 made, insured, or guaranteed under part B or 

9 this title): 

10 ‘‘(i) Medical or dental internship or 

11 residency forbearance under subclause (I) 

12 of section 428(c)(3)(A)(i). 

13 ‘‘(ii) National service forbearance 

14 under subclause (III) of section 

15 428(c)(3)(A)(i). 

16 ‘‘(iii) Forbearance for active duty 

17 service in the Armed Forces under sub18 clause (IV) of section 428(c)(3)(A)(i). 

19 ‘‘(iv) Forbearance for National Guard 

20 Duty under section 428(c)(3)(B). 

21 ‘‘(v) Forbearance due to military mo22 bilization or other local or national emer23 gency as authorized by the Secretary under 

24 section 685.205(b)(8) of title 34, Code of 

25 Federal Regulations (as in effect on the 

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1 date of enactment of the College Afford2 ability Act). 

3 ‘‘(vi) Teacher loan forgiveness for4 bearance under section 682.213(e) or 

5 685.205(a)(5) of title 34, Code of Federal 

6 Regulations (as in effect on the date of en7 actment of the College Affordability Act). 

8 ‘‘(4) PARTICIPATION RATE.— 

9 ‘‘(A) IN GENERAL.—An institution that 

10 demonstrates to the Secretary that the institu11 tion’s participation rate is equal to or less than 

12 20 percent for any of the 3 most recent fiscal 

13 years for which data is available shall not be 

14 subject to subsection (b). 

15 ‘‘(B) DETERMINATION.—For purposes of 

16 this paragraph, the term ‘participation rate’ 

17 means the percentage of the institution’s reg18 ular students, enrolled on at least a half-time 

19 basis, who received a covered loan for a 12- 

20 month period ending during the 6 months im21 mediately preceding the fiscal year for which 

22 the cohort of borrowers used to calculate the in23 stitution’s on-time loan repayment rate is deter24 mined. 

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1 ‘‘(C) DATA.—An institution shall provide 

2 the Secretary with sufficient data to determine 

3 the institution’s participation rate within 30 

4 days after receiving an initial notification of the 

5 institution’s draft on-time repayment rate. 

6 ‘‘(D) NOTIFICATION.—Prior to publication 

7 of a final on-time repayment rate for an institu8 tion that provides the data described in sub9 paragraph (C), the Secretary shall notify the in10 stitution of the institution’s compliance or non11 compliance with subparagraph (A). 

12 ‘‘(b) DETERMINATION OF ELIGIBILITY BASED ON

13 REPAYMENT RATES AND INSTRUCTIONAL SPENDING

14 AMOUNTS.— 

15 ‘‘(1) INELIGIBILITY.— 

16 ‘‘(A) IN GENERAL.—Except as provided in 

17 subparagraphs (C) and (D), beginning on the 

18 date that is one year after the date on which 

19 the final on-time repayment rates are published 

20 by the Secretary for not less than 3 fiscal years, 

21 an institution shall not be eligible to participate 

22 in a program under this title for the fiscal year 

23 for which the determination under this subpara24 graph is made and for the two succeeding fiscal 

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1 years, if the Secretary determines the following 

2 with respect to such institution— 

3 ‘‘(i) the on-time repayment rate of 

4 such institution is less than any threshold 

5 on-time repayment rate specified under 

6 subparagraph (B) for period determined 

7 appropriate by the Secretary for such 

8 threshold rate; and 

9 ‘‘(ii) with respect to any of the 3 most 

10 recent institutional fiscal years for which 

11 the institution submits to the Secretary 

12 disclosures on the expenditures of the in13 stitution on instruction for purposes of sec14 tion 132(i)(1)(AA), the amount expended 

15 by such institution on instruction for such 

fiscal year is less than 1 16 ⁄3 of the institu17 tion’s revenues derived from tuition and 

18 fees. 

19 ‘‘(B) THRESHOLD RATES.—For purposes 

20 of determinations under subparagraph (A)(i), 

21 the Secretary shall specify 1 or more threshold 

22 on-time repayment rates, which rates— 

23 ‘‘(i) shall require that a significant 

24 percentage of students who have been in 

25 repayment for 3 years on a covered loan 

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1 received for attendance at an institution of 

2 higher education have paid at least 90 per3 cent of the monthly payments on such cov4 ered loan during such 3-year repayment 

5 period; and 

6 ‘‘(ii) may be applicable with respect to 

7 a period of 1 or more fiscal years, as deter8 mined appropriate for such a rate. 

9 ‘‘(C) EXCEPTIONS FOR CERTAIN CAT10 EGORIES OF EDUCATIONAL PROGRAMS.— 

11 ‘‘(i) EXCEPTIONS FOR CERTAIN CAT12 EGORIES OF EDUCATIONAL PROGRAMS.— 

13 With respect to an institution that loses 

14 eligibility to participate in a program 

15 under this title in accordance with para16 graph (1), such institution may request 

17 and be granted an exception to such loss of 

18 eligibility for a category of educational pro19 grams at such institution by demonstrating 

20 to the Secretary that the on-time loan re21 payment rate for such category of edu22 cational programs is greater than the 

23 threshold percentage specified under para24 graph (1)(B) for each fiscal year of the peVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 riod on which such loss of eligibility for the 

2 institution is based. 

3 ‘‘(ii) DETERMINATIONS.—In deter4 mining the on-time loan repayment rate 

5 for a category of educational programs, 

6 subsection (a)(1) shall be applied— 

7 ‘‘(I) in subparagraph (A), by 

8 substituting ‘received for enrollment 

9 in the category of educational pro10 grams for which such rate is being de11 termined’ for ‘received for attendance 

12 at the institution’; and 

13 ‘‘(II) as if the following were 

14 added at the end of such paragraph: 

15 ‘‘ ‘(C) MULTIPLE CATEGORIES OF EDU16 CATIONAL PROGRAMS.—In the case of a student 

17 who has received a covered loan for enrollment 

18 in more than one category of educational pro19 grams, the student (and such student’s subse20 quent repayment or monthly payment on such 

21 covered loan) is attributed to the last category 

22 of educational programs in which such student 

23 was enrolled.’. 

24 ‘‘(D) APPEALS.—Not later than 60 days of 

25 receiving notification from the Secretary of the 

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1 loss of eligibility under subparagraph (A), the 

2 institution may appeal the loss of its eligibility 

3 under subsection (c). 

4 ‘‘(2) REPAYMENT MANAGEMENT PLAN RE5 QUIREMENT FOR CERTAIN INSTITUTIONS.— 

6 ‘‘(A) IN GENERAL.—Beginning on the date 

7 that is one year after the date on which the 

8 final on-time repayment rates are published by 

9 the Secretary for not less than 3 fiscal years, 

10 an institution shall be subject to the require11 ments of subparagraph (B), if the Secretary de12 termines the following with respect to such in13 stitution— 

14 ‘‘(i) the on-time repayment rate of 

15 such institution is less than any threshold 

16 on-time repayment rate specified under 

17 paragraph (1)(B) for period determined 

18 appropriate by the Secretary for such 

19 threshold rate; and 

20 ‘‘(ii) for each of the 3 most recent in21 stitutional fiscal years for which the insti22 tution submits to the Secretary disclosures 

23 on the expenditures of the institution on 

24 instruction for purposes of section 

25 132(i)(1)(AA), the amount expended by 

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1 the institution for instructional spending is 

2 greater than or equal to an amount equal 

to 1 3 ⁄3 of the amount of revenue derived 

4 from tuition and fees. 

5 ‘‘(B) REPAYMENT MANAGEMENT PLAN.— 

6 An institution subject to the requirements of 

7 this subparagraph, shall— 

8 ‘‘(i) not later than 6 months after the 

9 determination under subparagraph (A), 

10 submit to the Secretary a repayment man11 agement plan which the Secretary, in the 

12 Secretary’s discretion, after consideration 

13 of the institution’s history, resources, ex14 penditures, and targets for improving on15 time repayment, determines— 

16 ‘‘(I) is acceptable and is in the 

17 best interests of students; and 

18 ‘‘(II) provides reasonable assur19 ance that the institution will have an 

20 on-time repayment rate that exceeds 

21 the on-time threshold referred to in 

22 subparagraph (A)(i) after a reason23 able period; 

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1 plementing such repayment management 

2 plan; and 

3 ‘‘(iii) provide to the Secretary, on an 

4 annual basis or at such other intervals as 

5 the Secretary may require, evidence of on6 time repayment rate improvement and suc7 cessful implementation of such repayment 

8 management plan. 

9 ‘‘(c) APPEALS.— 

10 ‘‘(1) SECRETARIAL REQUIREMENTS.—The Sec11 retary shall issue a decision on any appeal submitted 

12 by an institution under subsection (b)(1)(D) not 

13 later than 45 days after its submission. Such deci14 sion may permit the institution to continue to par15 ticipate in a program under this title if— 

16 ‘‘(A) the institution demonstrates to the 

17 satisfaction of the Secretary that the Sec18 retary’s calculation of its on-time repayment 

19 rate is not accurate, and that recalculation 

20 would increase its on-time repayment rate above 

21 the applicable threshold percentage specified in 

22 subsection (b)(1)(B) for the period on which 

23 the determination of the institution’s ineligi24 bility under subsection (b)(1)(A) was based; 

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1 ‘‘(B) the institution demonstrates to the 

2 satisfaction of the Secretary that there has been 

3 improper loan servicing, which, if remedied, 

4 would increase its on-time repayment rate above 

5 the applicable threshold percentage specified in 

6 subsection (b)(1)(B) for the period on which 

7 the determination of the institution’s ineligi8 bility under subsection (b)(1)(A) was based; 

9 ‘‘(C) there are, in the judgment of the Sec10 retary, exceptional mitigating circumstances 

11 that would make the application of this section 

12 inequitable; 

13 ‘‘(D) for each of the 3 most recent fiscal 

14 years for which the institution submits to the 

15 Secretary disclosures on expenditures for pur16 poses of section 132(i)(1)(AA), the sum of the 

17 expenditures on instruction and student services 

18 of the institution is equal to an amount greater 

19 than or equal to 50 percent of the institution’s 

20 revenues derived from tuition and fees, and the 

21 institution complies with the requirements of 

22 subsection (b)(2)(B). 

23 ‘‘(2) INSTITUTIONAL REQUIREMENTS.—If an 

24 institution continues to participate in a program 

25 under this title, and the institution’s appeal of the 

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1 loss of eligibility is unsuccessful, the institution shall 

2 be required to pay to the Secretary an amount equal 

3 to the amount of interest, special allowance, reinsur4 ance, and any related payments made by the Sec5 retary (or which the Secretary is obligated to make) 

6 with respect to covered loans to students attending, 

7 or planning to attend, that institution during the 

8 pendency of such appeal. During such appeal, the 

9 Secretary may permit the institution to continue to 

10 participate in a program under this title. 

11 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

12 regulations designed to prevent an institution from evad13 ing the application to that institution of a on-time repay14 ment rate determination under this section through the 

15 use of such measures as branching, consolidation, change 

16 of ownership or control, or any similar device. 

17 ‘‘(e) PUBLICATION.—The Secretary shall publish not 

18 less often than once every fiscal year (by September 30 

19 of each year) a report— 

20 ‘‘(1) for each category of institution, and for 

21 each institution for which an on-time repayment rate 

22 is determined under this section— 

23 ‘‘(A) with respect to the preceding fiscal 

24 year— 

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•HR 4674 IH

1 ‘‘(i) the on-time repayment rate for 

2 such institution; 

3 ‘‘(ii) the on-time repayment rate for 

4 each category of educational programs; 

5 and 

6 ‘‘(iii) the number of students on which 

7 the rates described in clauses (i) and (ii) 

8 are based; and 

9 ‘‘(B) for each of the 3 most recent fiscal 

10 years for which the institution submits to the 

11 Secretary disclosures on expenditures for pur12 poses of section 132(i)(1)(AA)— 

13 ‘‘(i) the amount of the institution’s 

14 expenditures on instruction; 

15 ‘‘(ii) the amount of revenue derived 

16 from tuition and fees by the institution; 

17 and 

18 ‘‘(iii) the quotient of the amount de19 scribed in clause (i) divided by the amount 

20 described in clause (ii), expressed as a per21 centage; and 

22 ‘‘(2) each on-time repayment rate used for cal23 culating each of the threshold rates under subsection 

24 (b)(1)(B) for the period determined appropriate by 

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1 the Secretary for such threshold rate under such 

2 subsection. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) CATEGORY OF EDUCATIONAL PRO5 GRAMS.—The term ‘category of educational pro6 grams’ has the meaning given the term in section 

7 435(a)(9)(E). 

8 ‘‘(2) CATEGORY OF INSTITUTION.—The term 

9 ‘category of institution’ includes— 

10 ‘‘(A) four-year public institutions; 

11 ‘‘(B) four-year private nonprofit institu12 tions; 

13 ‘‘(C) four-year proprietary institutions; 

14 ‘‘(D) two-year public institutions; 

15 ‘‘(E) two-year private nonprofit institu16 tions; 

17 ‘‘(F) two-year proprietary institutions; 

18 ‘‘(G) less-than-two year public institutions; 

19 ‘‘(H) less-than-two year private nonprofit 

20 institutions; and 

21 ‘‘(I) less-than-two year proprietary institu22 tions. 

23 ‘‘(3) COVERED LOAN.— 

24 ‘‘(A) IN GENERAL.—The term ‘covered 

25 loan’ means a loan made, insured, or guaranVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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•HR 4674 IH

1 teed under part B or D (other than an excepted 

2 PLUS Loan or an excepted consolidation 

3 Loan). 

4 ‘‘(B) EXCEPTED PLUS LOAN; EXCEPTED

5 CONSOLIDATION LOAN.—The terms ‘excepted 

6 PLUS Loan’ and ‘excepted consolidation Loan’ 

7 have the meanings given such terms in section 

8 493C(a). 

9 ‘‘(4) STUDENT SERVICES.—The term ‘student 

10 services’ has the meaning given the term in section 

11 498E(a)(2).’’. 

12 PART H—PROGRAM INTEGRITY 

13 Subpart 1—State Role 

14 SEC. 4701. STATE RESPONSIBILITIES. 

15 Section 495(a) of the Higher Education Act of 1965 

16 (20 U.S.C. 1099a(a)) is amended— 

17 (1) in paragraph (2)— 

18 (A) by inserting ‘‘and the accrediting agen19 cy or association involved’’ after ‘‘Secretary’’; 

20 (B) by striking ‘‘revokes a license’’ and in21 serting ‘‘takes a negative action, or revokes a li22 cense,’’; and 

23 (C) by striking ‘‘and’’ at the end; 

24 (2) in paragraph (3), by striking the period at 

25 the end and inserting a semicolon; and 

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1 (3) by adding at the end the following: 

2 ‘‘(4) evaluate each institution of higher edu3 cation located in the State or seeking authorization 

4 to operate in the State to determine if such institu5 tion of higher education meets the applicable stand6 ards of the State relating to— 

7 ‘‘(A) facilities, equipment, and supplies; 

8 and 

9 ‘‘(B) measures of program length and 

10 other factors relevant for a student or graduate 

11 to receive a professional license from the State; 

12 ‘‘(5) certify to the Secretary that the State 

13 shall— 

14 ‘‘(A) accept student complaints from— 

15 ‘‘(i) all students attending an institu16 tion of higher education located in the 

17 State; and 

18 ‘‘(ii) all students who are residents of 

19 the State and attend an institution of 

20 higher education not located in the State 

21 through correspondence or distance edu22 cation; and 

23 ‘‘(B) report to the Secretary and accred24 iting bodies— 

829 

•HR 4674 IH

1 ‘‘(i) relevant student complaints re2 ceived by the State, including multiple stu3 dent complaints that present consistent al4 legations with respect to an institution of 

5 higher education in the State; and 

6 ‘‘(ii) such other complaints the Sec7 retary determines necessary; and 

8 ‘‘(6) establish policies and procedures to antici9 pate and respond to the closure of an institution of 

10 higher education, which shall include— 

11 ‘‘(A) the maintenance of sufficient cash re12 serves (or an equivalent alternative) in accord13 ance with regulations issued pursuant to section 

14 498(c)(6)(A) to ensure repayment of any re15 quired refunds; 

16 ‘‘(B) a plan to address ensuring custodial 

17 record-keeping of institutional records and stu18 dent transcripts in the case of such a closure; 

19 ‘‘(C) the maintenance of contact informa20 tion adequate to ensure communication directly 

21 between the State and each student in the case 

22 of such a closure; and 

23 ‘‘(D) in the case of an institution of higher 

24 education located in the State, to develop a 

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1 process to identify when a campus of such insti2 tution of higher education closes in any State.’’. 

3 Subpart A—Accrediting Agency Recognition 

4 SEC. 4711. ACCREDITING AGENCY RECOGNITION OF ELIGI5 BLE JOB TRAINING PROGRAMS. 

6 Section 496(a)(4) of the Higher Education Act of 

7 1965 (20 U.S.C. 1099b(a)(4)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘and’’ 

9 after the semicolon; 

10 (2) in subparagraph (B)(ii), by inserting ‘‘and’’ 

11 after the semicolon; and 

12 (3) by adding at the end the following: 

13 ‘‘(C) if such agency or association has or 

14 seeks to include within its scope of recognition 

15 the evaluation of the quality of institutions of 

16 higher education participating in the job train17 ing Federal Pell Grant program under section 

18 401(k), such agency or association shall, in ad19 dition to meeting the other requirements of this 

20 subpart, demonstrate to the Secretary that, 

21 with respect to such eligible job training pro22 gram— 

23 ‘‘(i) the agency or association’s stand24 ards include a process for determining if 

25 the institution has the capability to effecVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tively provide an eligible job training pro2 gram; and 

3 ‘‘(ii) the agency or association re4 quires a demonstration that the program— 

5 ‘‘(I) has identified each recog6 nized postsecondary credential offered 

7 and the corresponding industry or sec8 tor partnership that actively recog9 nizes each credential in the State or 

10 local area in which the job training 

11 program is provided; and 

12 ‘‘(II) provides the academic con13 tent and amount of instructional time 

14 that is sufficient to— 

15 ‘‘(aa) meet the hiring re16 quirements of potential employ17 ers; and 

18 ‘‘(bb) satisfy any applicable 

19 educational prerequisite require20 ment for professional license or 

21 certification, so that a student 

22 who completes the program and 

23 seeks employment is qualified to 

24 take any licensure or certification 

25 examination needed to practice or 

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•HR 4674 IH

1 find employment in such sectors 

2 or occupations.’’. 

3 SEC. 4712. ACCREDITING AGENCY RECOGNITION OF INSTI4 TUTIONS ENROLLING INCARCERATED INDI5 VIDUALS. 

6 Section 496(a)(4) of the Higher Education Act of 

7 1965 (20 U.S.C. 1099b(a)(4)) is further amended by add8 ing at the end the following: 

9 ‘‘(D) if such agency or association accred10 its or seeks to accredit institutions of higher 

11 education that seek to award Federal Pell 

12 Grants under section 401(n) to incarcerated in13 dividuals for a course of study at such institu14 tion, such agency or association shall, in addi15 tion to meeting the other requirements of this 

16 subpart, demonstrate to the Secretary that— 

17 ‘‘(i) the agency or association’s stand18 ards include a process for determining if 

19 the institution has the capability to effec20 tively offer such a course of study to incar21 cerated individuals; and 

22 ‘‘(ii) the agency or association re23 quires a demonstration that— 

24 ‘‘(I) such course of study is 

25 taught by faculty with experience and 

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•HR 4674 IH

1 credentials comparable to the experi2 ence and credentials of faculty who 

3 teach courses of study available to 

4 non-incarcerated students enrolled at 

5 the institution; 

6 ‘‘(II) academic credits earned by 

7 incarcerated individuals for comple8 tion of a course of study are treated 

9 by the institution as the equivalent to 

10 credits earned by non-incarcerated 

11 students for an equivalent course; 

12 ‘‘(III) the institution provides 

13 sufficient educational content and re14 sources to students enrolled in such a 

15 course of study that are, to the extent 

16 practicable, consistent with the edu17 cational content and resources avail18 able to non-incarcerated students; and 

19 ‘‘(IV) the institution has the ca20 pacity, staffing, and expertise to pro21 vide incarcerated individuals with the 

22 support and advising services nec23 essary to select and successfully par24 ticipate in such a course of study and, 

25 to the extent practicable, with support 

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•HR 4674 IH

1 upon reentry (including career and 

2 academic advising);’’. 

3 SEC. 4713. REQUIREMENTS FOR ACCREDITING AGENCY 

4 RECOGNITION. 

5 (a) TECHNICAL REVIEW PANEL; RULEMAKING.— 

6 (1) TECHNICAL REVIEW PANEL.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of the Act, the Sec9 retary of Education shall establish a technical 

10 review panel comprised of individuals specified 

11 in subparagraph (B), to establish a list of 

12 measures (and a definition for each such meas13 ure)— 

14 (i) that, for purposes of section 

15 496(a)(5)(A) of the Higher Education Act 

16 of 1965 (20 U.S.C. 1099b(a)(5)(A))— 

17 (I) accrediting agencies or asso18 ciations shall use to assess each of the 

19 outcomes described in subparagraph 

20 (C); and 

21 (II) provides accrediting agencies 

22 or associations with enough flexibility 

23 for adequate assessment of such out24 comes; 

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1 (ii) that may include measures (and 

2 definitions for such measures) set forth 

3 under the Integrated Postsecondary Edu4 cation Data Survey, the postsecondary 

5 data system established under section 

6 132(l), or a successor system; 

7 (iii) to which future technical review 

8 panels which meet the requirements of this 

9 paragraph may add additional measures; 

10 and 

11 (iv) that the Secretary of Education 

12 shall not have the authority to approve. 

13 (B) COMPOSITION.—The technical review 

14 panel established under subparagraph (A) shall 

15 be of sufficient size to ensure that a full range 

16 of relevant accrediting agencies and institutions 

17 are represented on the panel and shall include, 

18 at a minimum, the following members: 

19 (i) Representatives of national, re20 gional, and specialized accrediting agencies 

21 and associations that shall be nominated 

22 for inclusion on the panel by such rep23 resentatives. 

24 (ii) Representatives of diverse postsec25 ondary institutions, which shall include 

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1 representation between 2-year and 4-year 

2 institutions of higher education, and from 

3 public, nonprofit, and proprietary institu4 tions of higher education, including minor5 ity-serving institutions. 

6 (iii) The Commissioner of the Na7 tional Center for Education Statistics or 

8 the Commissioner’s representative. 

9 (iv) Student advocate representatives 

10 familiar with the accreditation process. 

11 (C) OUTCOMES.—The outcomes described 

12 in this subparagraph are as follows: 

13 (i) Completion (which may include 

14 measures such as graduation rates and 

15 rates of transfer). 

16 (ii) Progress toward completion 

17 (which may include measures such as re18 tention rates and credit accumulation). 

19 (iii) Workforce participation (which 

20 may include measures such as rates of li21 censure and job placement). 

22 (2) RULEMAKING.—Not later than 1 year after 

23 the date of enactment of this Act, the Secretary of 

24 Education shall initiate a negotiated rule-making— 

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1 (A) to develop procedures for identifying 

2 the representative member institutions an ac3 crediting agency or association shall use to 

4 demonstrate to the Secretary, for purposes of 

5 the Secretary’s review and evaluation of the 

6 performance of such agency or association 

7 under section 496(n)(1) of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1099b(n)(1)), as 

9 amended by this section, that such accrediting 

10 agency or association— 

11 (i) consistently applies and enforces 

12 standards; and 

13 (ii) effectively evaluates the quality of 

14 education or training offered by the insti15 tutions of higher education accredited by 

16 such agency or association; and 

17 (B) for purposes of section 496 of the 

18 Higher Education Act of 1965 (20 U.S.C. 

19 1099b), as amended by this section, to— 

20 (i) establish definitions for the terms 

21 related to sanctions, adverse actions, and 

22 any other action that an accrediting agen23 cy or association may take with respect to 

24 an institution of higher education under 

25 such section (including monitoring, notice, 

838 

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1 warning, probation, show cause, denial, 

2 withdrawal, suspension, revocation, accred3 itation, and preaccreditation); and 

4 (ii) in a case in which any action de5 fined in clause (i) is taken by an accred6 iting agency or association with respect to 

7 an institution of higher education, estab8 lish notice and disclosure requirements for 

9 such agency or association and institution 

10 of higher education with respect to the 

11 public (including students), as long as such 

12 requirements are consistent with the re13 quirements of subsections (a)(7) and (c)(7) 

14 of section 496 of the Higher Education 

15 Act of 1965 (20 U.S.C. 1099b). 

16 (b) AMENDMENTS.—Section 496 of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1099b) is further amend18 ed— 

19 (1) in subsection (a)— 

20 (A) in paragraph (3)(A), by inserting be21 fore the semicolon at the end the following: ‘‘, 

22 and any institution described in clauses (i) 

23 through (v) of subsection (b)(1)(B)’’; 

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1 (B) in paragraph (5), by striking subpara2 graphs (A) through (J) and inserting the fol3 lowing: 

4 ‘‘(A) success with respect to student 

5 achievement in relation to the institution’s mis6 sion (except that the agencies and associations 

7 described in paragraph (2)(A)(ii) shall not be 

8 subject to this subparagraph), which— 

9 ‘‘(i) shall be assessed using at least 1 

10 measure selected by the agency or associa11 tion from the list of measures established 

12 and defined under section 4713(a)(1) of 

13 the College Affordability Act for each of 

14 the following outcomes— 

15 ‘‘(I) completion; 

16 ‘‘(II) progress toward completion; 

17 and 

18 ‘‘(III) workforce participation; 

19 ‘‘(ii) may be assessed using different 

20 measures selected under clause (i) for dif21 ferent institutions; 

22 ‘‘(iii) for each measure selected under 

23 clause (i), shall be assessed using a single 

24 performance benchmark established by the 

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1 crediting agency or association may estab2 lish a different performance benchmark for 

3 such a measure for each category of edu4 cational programs (as defined in section 

5 435(a)(9)(E)); and 

6 ‘‘(iv) in the case of an institution de7 fined in section 101(a), may include con8 sideration of— 

9 ‘‘(I) the historical significance of 

10 the institution; and 

11 ‘‘(II) whether the institution is 

12 one of the only physical locations at 

13 which postsecondary education is pro14 vided in the geographic area; 

15 ‘‘(B) student achievement outcomes, 

16 disaggregated by the elements required in the 

17 postsecondary student data system under sub18 clauses (I) through (XV) of section 

19 132(l)(2)(C)(ii) to facilitate institutional im20 provement and yield statistically reliable infor21 mation that does not reveal personally identifi22 able information about an individual student; 

23 ‘‘(C) credentials, including consideration of 

24 the non-monetary value accruing to students 

25 pursuing such credentials; 

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1 ‘‘(D) curricula, including— 

2 ‘‘(i) other than for the agencies and 

3 associations described in paragraph 

4 (2)(A)(ii), program length; 

5 ‘‘(ii) course sequencing; and 

6 ‘‘(iii) objectives related to 

7 credentialing; 

8 ‘‘(E) faculty; 

9 ‘‘(F) student support services; 

10 ‘‘(G) recruiting and admissions practices, 

11 academic calendars, catalogues, publications, 

12 and grading; and 

13 ‘‘(H) fiscal and administrative capacity 

14 (which shall include the institution’s govern15 ance) as appropriate to the specified scale of 

16 operations;’’; 

17 (C) by redesignating paragraphs (6) 

18 through (8) as paragraphs (7) through (9), re19 spectively; and 

20 (D) by inserting after paragraph (5) the 

21 following: 

22 ‘‘(6) such agency or association shall make 

23 available on a publicly accessible website, up-to-date 

24 information on— 

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1 ‘‘(A) the institutions that are subject to 

2 the jurisdiction of such agency or association; 

3 ‘‘(B) the performance benchmark estab4 lished for each measure selected by the agency 

5 or association under paragraph (5)(A), the ra6 tionale for the establishment of such perform7 ance benchmark, and how such benchmarks are 

8 factored into the accreditation process; 

9 ‘‘(C) the process such agency or associa10 tion follows when an institution subject to the 

11 jurisdiction of such agency or association does 

12 not meet an accreditation standard under sec13 tion 496(a)(5); 

14 ‘‘(D) any sanction or adverse action taken 

15 with respect to an institution and the reason for 

16 such sanction or adverse action; and’’; 

17 (E) in paragraph (8), as so redesignated, 

18 by striking ‘‘30 days’’ and inserting ‘‘10 days’’; 

19 (F) amend paragraph (9), as so redesig20 nated, to read as follows: 

21 ‘‘(9) such agency or association shall— 

22 ‘‘(A) make available on its public website, 

23 and to the Secretary, and the State licensing or 

24 authorizing agency, a summary (including the 

25 decision and rationale for such decision) of any 

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1 review resulting in a final accrediting decision 

2 involving denial, termination, or suspension of 

3 accreditation, together with the comments of 

4 the affected institution; and 

5 ‘‘(B) ensure that each institution that is 

6 the subject of a final accrediting decision de7 scribed in subparagraph (A) makes available on 

8 its public website the summary described in 

9 subparagraph (A) (including the decision and 

10 rationale for such decision) with respect to such 

11 institution and the institution’s comments; 

12 and’’. 

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

14 ‘‘(10) such agency or association shall— 

15 ‘‘(A) ensure that any substantive change to 

16 the educational mission or a program of an in17 stitution after the agency or association has ac18 credited or preaccredited the institution does 

19 not adversely affect the capacity of the institu20 tion to continue to meet the standards of such 

21 agency or association; 

22 ‘‘(B) require such an institution to obtain 

23 the approval of such agency or association with 

24 respect to such substantive change before the 

25 agency or association includes the change in the 

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1 scope of accreditation or preaccreditation pre2 viously granted to the institution by such agen3 cy or association; and 

4 ‘‘(C) make public and report to the Sec5 retary any decision made under subparagraph 

6 (B) and the rationale of such decision.’’; 

7 (2) by striking subsection (b) and inserting the 

8 following: 

9 ‘‘(b) SEPARATE AND INDEPENDENT DEFINED.—For 

10 the purpose of subsection (a)(3), the term ‘separate and 

11 independent’ means that— 

12 ‘‘(1) the members of the postsecondary edu13 cation governing body and any other decision-mak14 ing body of the accrediting agency or association are 

15 not— 

16 ‘‘(A) elected or selected by the board or 

17 chief executive officer of any related, associated, 

18 or affiliated trade association or membership 

19 organization; or 

20 ‘‘(B) individuals (such as executives and 

21 owners of an institution) who exercise substan22 tial control over an institution— 

23 ‘‘(i) that is required to provide the 

24 Secretary with satisfactory evidence of its 

25 financial responsibility in accordance with 

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1 paragraph (3)(A) of section 498(c) because 

2 the institution fails to meet criteria under 

3 paragraphs (1) and (2) of such section, ex4 cept that this clause shall not be applicable 

5 to an institution until the Secretary has 

6 completed the rulemaking required under 

7 section 4721(b) of the College Affordability 

8 Act; 

9 ‘‘(ii) that is on a reimbursement pay10 ment method pursuant to section 

11 487(c)(1)(B); 

12 ‘‘(iii) against which the Secretary is 

13 initiating or carrying out an emergency ac14 tion in accordance with section 

15 487(c)(1)(G); 

16 ‘‘(iv) against which the Secretary is 

17 limiting, suspending, or terminating the in18 stitution’s participation in any program 

19 under this title in accordance with section 

20 487(c)(1)(F); or 

21 ‘‘(v) that is on probation or show 

22 cause, or that is not accredited by an ac23 crediting agency or association; 

24 ‘‘(2) among the membership of the board of the 

25 accrediting agency or association there shall be 1 

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1 public member for each 4 members of the board, 

2 with a minimum of 1 such public member, and 

3 guidelines are established for such members to avoid 

4 conflicts of interest, including guidelines ensuring 

5 that each such public member— 

6 ‘‘(A) is selected to serve on such board in 

7 the same manner that other board members are 

8 selected for such service; 

9 ‘‘(B) has not served on such board as a 

10 non-public member in the preceding 10 years; 

11 ‘‘(C) is not (or has not been in the pre12 ceding 5-year period) a full-time employee of, or 

13 a member of the governing board, an owner, or 

14 shareholder of, or consultant to, an institution 

15 or program that— 

16 ‘‘(i) is accredited or preaccredited by 

17 the agency or association; or 

18 ‘‘(ii) has applied for accreditation or 

19 preaccreditation from such agency or asso20 ciation; 

21 ‘‘(D) is not a member of any trade associa22 tion or membership organization related to, af23 filiated with, or associated with the agency or 

24 association or an institution that is accredited 

25 by such agency or association; and 

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1 ‘‘(E) is not a spouse, parent, child, or sib2 ling of an individual identified in subparagraph 

3 (C) or (D); 

4 ‘‘(3) dues to the accrediting agency or associa5 tion are paid separately from any dues paid to any 

6 related, associated, or affiliated trade association or 

7 membership organization; and 

8 ‘‘(4) the budget of the accrediting agency or as9 sociation is developed and determined by the accred10 iting agency or association without review or resort 

11 to consultation with any other entity or organiza12 tion.’’; 

13 (3) in subsection (c)— 

14 (A) in paragraph (1), strike ‘‘those regard15 ing distance education’’ and inserting ‘‘regard16 ing distance education and the history and mis17 sion of the institutions reviewed’’; 

18 (B) in paragraph (2)— 

19 (i) by inserting ‘‘and decline’’ after 

20 ‘‘the growth’’; and 

21 (ii) by inserting before the semicolon 

22 at the end the following: ‘‘or decline’’; and 

23 (C) by amending paragraph (3) to read as 

24 follows: 

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1 ‘‘(3) requires an institution to submit for ap2 proval to the accrediting agency or association a 

3 teach-out plan (as defined in section 487(f)(2)) and 

4 which shall meet the requirements of such agency or 

5 association) upon the occurrence of any of the fol6 lowing events: 

7 ‘‘(A) the Secretary notifies the agency or 

8 association that the Secretary has determined 

9 under section 498(c) that the institution does 

10 not have the financial responsibility required by 

11 this title, except that this subparagraph shall 

12 not be applicable to an institution until the Sec13 retary has completed the rulemaking required 

14 under section 4721(b) of the College Afford15 ability Act; 

16 ‘‘(B) the Secretary notifies the agency of a 

17 determination by the institution’s independent 

18 auditor expressing doubt with the institution’s 

19 ability to operate as a going concern or indi20 cating an adverse opinion or finding of material 

21 weakness related to financial stability, except 

22 that this subparagraph shall not apply with re23 spect to a public institution; 

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1 ‘‘(C) the agency or association acts to 

2 place an institution on probation, show cause, 

3 or equivalent status; or 

4 ‘‘(D) the Secretary notifies the agency that 

5 the institution is participating in title IV under 

6 a provisional program participation agree7 ment;’’; 

8 (D) by amending paragraph (6) to read as 

9 follows: 

10 ‘‘(6) requires that teach-out agreements among 

11 institutions are subject to approval by the accred12 iting agency or association consistent with standards 

13 promulgated by such agency or association, and that 

14 such an agreement shall be required and subject to 

15 such approval upon the occurrence of any of the fol16 lowing events: 

17 ‘‘(A) the Secretary notifies the agency or 

18 association that— 

19 ‘‘(i) the Secretary has placed the in20 stitution on the reimbursement payment 

21 method pursuant to section 487(c)(1)(B); 

22 and 

23 ‘‘(ii) the institution fails to meet cri24 teria prescribed by the Secretary regarding 

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1 ratios that demonstrate financial responsi2 bility as described in section 498(c)(2); 

3 ‘‘(B) the Secretary notifies the accrediting 

4 agency or association that the Secretary has 

5 initiated— 

6 ‘‘(i) an emergency action against the 

7 institution pursuant to section 

8 487(c)(1)(G); or 

9 ‘‘(ii) an action under section 

10 487(c)(1)(F) to limit, suspend, or termi11 nate the participation of the institution in 

12 any program under this title; 

13 ‘‘(C) the accrediting agency or association 

14 acts to withdraw, terminate, or suspend the ac15 creditation of the institution; 

16 ‘‘(D) the institution notifies the accrediting 

17 agency or association that the institution in18 tends to cease operations; 

19 ‘‘(E) the institution notifies the accrediting 

20 agency or association that the institution in21 tends to close a location that provides one hun22 dred percent of at least one program; or 

23 ‘‘(F) pursuant to section 495, the State 

24 notifies the accrediting agency or association 

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1 tion to operate within the State has been or will 

2 be revoked;’’; 

3 (E) in paragraph (7), by inserting ‘‘not 

4 later than 10 days after taking an action de5 scribed in this paragraph,’’ before ‘‘makes avail6 able’’; 

7 (F) in paragraph (9), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (G) by adding at the end the following: 

10 ‘‘(10) responds to complaints received with re11 spect to an institution during the period which the 

12 accrediting agency or association accredits such in13 stitution not later than 30 days after receiving the 

14 complaint (including complaints shared with the 

15 agency or association by the Secretary or a State 

16 agency under section 495), monitors and assesses an 

17 institution’s record of student complaints during 

18 such period, and submits the complaints relevant to 

19 the Secretary and to the State agency involved.’’; 

20 (4) in subsection (m), by adding at the end the 

21 following: ‘‘Nothing in this section shall prohibit the 

22 Secretary from implementing a process of recogni23 tion under this section which differs for the accred24 iting agencies or associations described in subsection 

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1 grams (other than the programs under this Act) ad2 ministered by the Department or other Federal 

3 agencies if such differentiation would be beneficial to 

4 taxpayers and the performance of such agencies or 

5 associations.’’; and 

6 (5) in subsection (n)— 

7 (A) in paragraph (1)— 

8 (i) in the second sentence of the mat9 ter preceding subparagraph (A), by insert10 ing before the period the following: ‘‘, 

11 which shall include information on at least 

12 one institution of higher education rep13 resenting each of the sectors (including 

14 public, nonprofit, and proprietary) of the 

15 representative member institutions’’; and 

16 (ii) in subparagraph (A), by inserting 

17 before the semicolon the following: ‘‘, and 

18 for purposes of facilitating such third-party 

19 information, the Secretary shall make pub20 licly available the application of the accred21 iting agency or association seeking recogni22 tion by the Secretary upon publishing in 

23 the Federal Register the solicitation for 

24 such third-party information’’; and 

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

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1 ‘‘(5) In the case in which an official of the De2 partment (other than the Secretary) makes a deci3 sion on the recognition of an accrediting agency or 

4 association that differs from the recommendation 

5 made by the National Advisory Committee on Insti6 tutional Quality and Integrity on such recognition, 

7 without regard to whether any appeals process with 

8 respect to such decision has been concluded, the offi9 cial shall submit to the authorizing committees the 

10 rationale and evidence for such decision. 

11 ‘‘(6) During the first 90-day period of each fis12 cal year, the Secretary shall submit to the author13 izing committees the following information with re14 spect to the preceding fiscal year— 

15 ‘‘(A) information about each accrediting 

16 agency that the Secretary reviews and evaluates 

17 under this subsection; 

18 ‘‘(B) the recommendation of the National 

19 Advisory Committee on Institutional Quality 

20 and Integrity about whether to recognize such 

21 accrediting agency or association and the ra22 tionale for such recommendation; 

23 ‘‘(C) in the case in which an official of the 

24 Department (other than the Secretary) makes a 

25 decision on the recognition of such accrediting 

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1 agency or association (without regard to wheth2 er any appeals process with respect to such de3 cision has been concluded), such decision and 

4 the rationale for such decision; and 

5 ‘‘(D) the final decision of the Secretary on 

6 the recognition of such accrediting agency or 

7 association and the rationale for such final deci8 sion.’’; and 

9 (6) by adding at the end the following: 

10 ‘‘(r) EVALUATION OF QUALITY AND ACHIEVEMENT

11 MEASURES.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall direct 

13 the National Advisory Committee on Institutional 

14 Quality and Integrity to— 

15 ‘‘(A) regularly evaluate the effectiveness of 

16 the measures selected and the performance 

17 benchmarks established by accrediting agencies 

18 and associations under subsection (a)(5)(A); 

19 and 

20 ‘‘(B) compare similarly situated accrediting 

21 agencies or associations, whose similarity may 

22 not be determined solely by the educational sec23 tor to which the institutions being evaluated be24 long, based on the measures and performance 

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1 benchmarks used in subsection (a)(5)(A) by 

2 such agencies and associations. 

3 ‘‘(2) REVISING PERFORMANCE BENCHMARKS.— 

4 The Secretary may require an accrediting agency or 

5 association to review and revise a performance 

6 benchmark established by such agency or association 

7 if the Secretary determines that such performance 

8 benchmark is too low for the measure for which such 

9 benchmark is established. 

10 ‘‘(s) REPORT ON RECOGNIZED INSTITUTIONAL

11 ACCREDITORS REQUIRED.—Not later than 180 days after 

12 the date of the enactment of the College Affordability Act, 

13 and annually thereafter, the Secretary shall publish a re14 port that includes with respect to each accrediting agency 

15 or association recognized under this section by the Sec16 retary, the following: 

17 ‘‘(1) The number of institutions of higher edu18 cation evaluated by such accrediting agency or asso19 ciation in each educational sector. 

20 ‘‘(2) The number of locations of such institu21 tions of higher education. 

22 ‘‘(3) The number of students enrolled at such 

23 institutions of higher education. 

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1 ‘‘(4) The number of students receiving a Fed2 eral Pell Grant at such institutions of higher edu3 cation in the preceding year. 

4 ‘‘(5) The total amount of Federal student aid 

5 received by students enrolled at such institutions of 

6 higher education in the preceding year. 

7 ‘‘(6) The graduation rates of such institutions 

8 of higher education. 

9 ‘‘(7) The median earnings of students 10 years 

10 after enrollment. 

11 ‘‘(8) The number of institutions placed on a re12 imbursement payment method pursuant to section 

13 487(c)(1)(B).’’. 

14 Subpart B—Program Review and Data 

15 SEC. 4721. ELIGIBILITY AND CERTIFICATION PROCEDURES. 

16 (a) FINANCIAL RESPONSIBILITY STANDARDS.—Sec17 tion 498 of the Higher Education Act of 1965 (20 U.S.C. 

18 1099c) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (4), by striking ‘‘and’’ at 

21 the end; 

22 (B) in paragraph (5), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

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

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1 ‘‘(6) includes an addendum under which an in2 stitution of higher education shall report a change in 

3 circumstances described in subparagraph (A)(ii) or 

4 clauses (ii) or (iii) of subparagraph (B) of subsection 

5 (c)(8), not later than 30 days after the date on 

6 which such change in circumstance occurs.’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (B), by striking 

10 ‘‘and’’ at the end; 

11 (ii) in subparagraph (C), by striking 

12 the period at the end and inserting ‘‘; and’’ 

13 ; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(D) the institution is not an institution 

17 described in paragraph (7)(B).’’; and 

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

19 ‘‘(7) PROHIBITED FINANCIAL RESPONSIBILITY DE20 TERMINATIONS.— 

21 ‘‘(A) IN GENERAL.—The Secretary may not de22 termine that an institution has the financial respon23 sibility required by this title if such institution is an 

24 institution described in subparagraph (B). 

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1 ‘‘(B) SPECIFIED INSTITUTION.—An institution 

2 described in this subparagraph is— 

3 ‘‘(i) a private non-profit institution of 

4 higher education or a proprietary institution of 

5 higher education (as defined in section 102(b)) 

6 that— 

7 ‘‘(I) is required by the accrediting 

8 agency of such institution to submit a 

9 teach-out plan under section 487(f); 

10 ‘‘(II) with respect to the preceding 2 

11 fiscal years, has an adjusted cohort default 

12 rate (as determined under section 435(m)) 

13 of 20 percent or greater, unless the institu14 tion files a challenge, request for adjust15 ment, or appeal under section 435(a) with 

16 respect to such rates for one or both of 

17 such fiscal years; 

18 ‘‘(III) is subject to a number of pend19 ing or approved borrower relief claims 

20 under section 493H from borrowers that 

21 equals or exceeds, with respect to the prior 

22 academic year, half of the enrollment of 

23 full-time equivalent students at such insti24 tution; 

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1 ‘‘(ii) a proprietary institution of higher 

2 education (as defined in section 102(b)) that— 

3 ‘‘(I) is publicly traded; and 

4 ‘‘(II)(aa) is sanctioned by the Securi5 ties and Exchange Commission; 

6 ‘‘(bb) fails to file a required an7 nual or quarterly report with the Se8 curities and Exchange Commission; or 

9 ‘‘(cc) the stock of which is 

10 delisted; or 

11 ‘‘(iii) a proprietary institution of higher 

12 education (as defined in section 102(b))— 

13 ‘‘(I) that derived, in the most recent 

14 award year, more than 85 percent of the 

15 revenue of the institution from Federal 

16 education assistance funds; or 

17 ‘‘(II) from which shareholder equity is 

18 reduced by over 10 percent of the value of 

19 the title IV revenues received by such pro20 prietary institution of higher education in 

21 the prior academic year. 

22 ‘‘(8) CHANGE IN CIRCUMSTANCES.— 

23 ‘‘(A) REQUIRED REDETERMINATION.— 

24 ‘‘(i) IN GENERAL.—In the case of a private 

25 non-profit institution of higher education or a 

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1 proprietary institution of higher education (as 

2 defined in section 102(b)) that submits an ad3 dendum described in clause (ii) or (iii) to the 

4 Secretary, the Secretary shall, not later than 30 

5 days after such addendum is submitted, rede6 termine whether such institution meets the re7 quirements of this subsection. 

8 ‘‘(ii) SPECIFIED CIRCUMSTANCES.—An in9 stitution of higher education shall submit an 

10 addendum under subsection (b)(6) if, with re11 spect to such institution of higher education, 

12 one of the following occurs: 

13 ‘‘(I) The institution is required to pay 

14 any material debt, as determined by the 

15 Secretary, or incur any material liability, 

16 as determined by the Secretary, arising 

17 from a final judgment in a judicial pro18 ceeding, an administrative proceeding or 

19 determination, or settlement. 

20 ‘‘(II) The institution is involved in a 

21 lawsuit that is brought on or after the date 

22 of the enactment of College Affordability 

23 Act by a Federal or State authority for fi24 nancial relief on claims related to the mak25 ing of loans under part D of title IV. 

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1 ‘‘(III) Such other circumstance the 

2 Secretary determines necessary. 

3 ‘‘(iii) GAINFUL EMPLOYMENT DETERMINA4 TION BY SECRETARY.—An institution of higher 

5 education shall submit an addendum under sub6 section (b)(6) if the Secretary makes a deter7 mination that such institution has programs 

8 that could become ineligible under gainful em9 ployment (as defined in section 104) in the next 

10 award year. 

11 ‘‘(B) PERMISSIBLE REDETERMINATION.— 

12 ‘‘(i) REDETERMINATION.—In the case of 

13 an institution that submits an addendum under 

14 clause (ii), the Secretary may, not later than 30 

15 days after such addendum is submitted, rede16 termine whether such institution meets the re17 quirements of this subsection. 

18 ‘‘(ii) SPECIFIED CIRCUMSTANCES.—The 

19 Secretary shall require an institution to submit 

20 an addendum under subsection (b)(6) if the 

21 Secretary makes a determination— 

22 ‘‘(I) that the Secretary will likely re23 ceive a significant number of borrower re24 lief claims under section 493H as the reVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 sult of a lawsuit, settlement, or judgement 

2 against the institution; or 

3 ‘‘(II) that the institution experienced 

4 one of the following: 

5 ‘‘(aa) A significant fluctuation in 

6 enrollments between consecutive 

7 award years or a period of award 

8 years. 

9 ‘‘(bb) A citation by a State li10 censing or authorizing agency for fail11 ing State or agency requirements. 

12 ‘‘(cc) High annual drop out 

13 rates. 

14 ‘‘(dd) Pending borrower relief 

15 claims under section 493H. 

16 ‘‘(C) FINANCIAL CIRCUMSTANCES MATE17 RIALS.—If the institution’s financial circumstances 

18 materially change after the institution submits an 

19 addendum under subsection (b)(6), such institution 

20 shall submit to the Secretary such certified financial 

21 statements and other information as the Secretary 

22 may require. 

23 ‘‘(9) TRANSPARENCY.—Beginning not later than 90 

24 days after the date of the enactment of this paragraph, 

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1 retary shall make publicly available on the website of the 

2 Department the following: 

3 ‘‘(A) The ratios used to demonstrate financial 

4 responsibility under this section. 

5 ‘‘(B) Each reports made to the Secretary under 

6 this section. 

7 ‘‘(C) Each audited financial statement sub8 mitted to the Secretary by an institution of higher 

9 education under this section. 

10 ‘‘(D) Each certified financial statement sub11 mitted to the Secretary under paragraph (8)(C).’’; 

12 and 

13 (3) in subsection (i)(2)— 

14 (A) in subparagraph (E), by striking ‘‘or’’ 

15 at the end; 

16 (B) in subparagraph (F), by striking the 

17 period at the end and inserting ‘‘; or’’; and 

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

19 ‘‘(G) the transfer of ownership as a result of a 

20 court-ordered receivership.’’. 

21 (b) RULEMAKING.—Not 1 year after the date of the 

22 enactment of this Act, the Secretary of Education shall 

23 carry out a negotiated rulemaking to update the criteria 

24 used under section 498(c)(2) of the Higher Education Act 

25 of 1965 (20 U.S.C. 1099c) to make a determination of 

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1 the ability of an institution of higher education to meet 

2 the standards under such section in accordance with the 

3 amendments made by this section. 

4 SEC. 4722. PROGRAM REVIEW AND DATA. 

5 Section 498A of the Higher Education Act of 1965 

6 (20 U.S.C. 1099c–1) is amended— 

7 (1) in subsection (a)(2), by striking subpara8 graph (A) and inserting the following: 

9 ‘‘(A) institutions with an adjusted cohort 

10 default rate for loans under part D in excess of 

11 18 percent or which places such institutions in 

12 the highest 25 percent of such institutions;’’; 

13 (2) by redesignating subsections (c) through (e) 

14 as subsections (d) through (f), respectively; and 

15 (3) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) UNDERCOVER OPERATIONS.—In carrying out 

18 paragraphs (1) and (2) of subsection (a) and any other 

19 relevant provisions of this subpart, the Secretary— 

20 ‘‘(1) shall conduct undercover and secret shop21 per operations for the purpose of encouraging the 

22 ethical treatment of students and prospective stu23 dents and detecting fraud and abuse in the Federal 

24 student aid programs, including— 

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1 ‘‘(A) violations described in section 

2 487(c)(3); 

3 ‘‘(B) violations of section 487(a)(20); and 

4 ‘‘(C) violations by any entity with which 

5 the institution has contracted for student re6 cruitment or admission activity; 

7 ‘‘(2) shall develop written guidelines for the 

8 conduct of activities under paragraph (1) in accord9 ance with commonly-accepted Federal practices for 

10 undercover operations and in consultation with other 

11 relevant agencies, including the Department of Jus12 tice, Federal Trade Commission, Consumer Finan13 cial Protection Bureau, and the Department of Edu14 cation’s Office of Inspector General; and 

15 ‘‘(3) shall provide an annual report on the re16 sults of activities under paragraph (1) to the author17 izing committees, and thereafter shall make the re18 port available to the public.’’. 

19 Subpart C—Strengthening Institutional Quality 

20 SEC. 4731. STRENGTHENING INSTITUTIONAL QUALITY. 

21 Part H of title IV of the Higher Education Act of 

22 1965 (20 U.S.C. 1099a et seq.) is amended by adding at 

23 the end the following: 

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1 ‘‘Subpart 4—Strengthening Institutional Quality 

2 ‘‘SEC. 498C. ASSISTANCE TO PROGRESS PERIOD INSTITU3 TIONS. 

4 ‘‘(a) IN GENERAL.—The Secretary shall provide 

5 grants and technical assistance to covered progress period 

6 institutions in accordance with this section. 

7 ‘‘(b) AUTHORIZED ACTIVITIES.—Grants and assist8 ance provided under this section shall be used to improve 

9 student achievement (as described in section 

10 496(a)(5)(A)) at covered progress period institutions. 

11 ‘‘(c) DURATION.—Grants and assistance may be pro12 vided under this section for a period of not less than one 

13 year and not more than three years. 

14 ‘‘(d) CONDITIONS.— 

15 ‘‘(1) BENCHMARKS.— 

16 ‘‘(A) IN GENERAL.—To continue to receive 

17 support under this section after the first year in 

18 which such support is provided, an institution 

19 must show progress, as determined by the Sec20 retary, toward meeting the standards for stu21 dent achievement established by the relevant ac22 crediting agency or association pursuant to sec23 tion 496(a)(5)(A). 

24 ‘‘(B) CONSIDERATIONS.—In determining 

25 the progress of an institution under subpara26 graph (A), the Secretary may take into considVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 eration extenuating circumstances that may 

2 have contributed to the poor performance of the 

3 institution in the first year of the review period. 

4 ‘‘(2) DEADLINE FOR COMPLIANCE.—An institu5 tion that does not achieve an adjusted cohort default 

6 rate of less than 10 percent after receiving support 

7 under this section for three consecutive years shall 

8 be ineligible to receive further support under this 

9 section. 

10 ‘‘(3) PROHIBITION.—An institution shall be in11 eligible to receive further support under this section 

12 if, while the institution was receiving such support, 

13 the total enrollment of low-income students (as such 

14 term is defined in section 419N(b)(7)) at the institu15 tion decreased by 10 percent or more. 

16 ‘‘(e) COVERED PROGRESS PERIOD INSTITUTION.—In 

17 this section, the term ‘covered progress period institution’ 

18 means— 

19 ‘‘(1) a public institution of higher education 

20 that is determined to be in progress period status; 

21 ‘‘(2) a part B institution (as defined in section 

22 322) that is determined to be in progress period sta23 tus; or 

24 ‘‘(3) a private, nonprofit institution of higher 

25 education— 

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1 ‘‘(A) that is determined to be in progress 

2 period status; and 

3 ‘‘(B) at which not less than 45 percent of 

4 the total student enrollment consists of low-in5 come students (as such term is defined in sec6 tion 419N(b)(7)). 

7 ‘‘(f) FUNDING.— 

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

9 appropriated, and there are appropriated, such 

10 funds as the Secretary, using the formula described 

11 in paragraph (2), determines necessary to meet the 

12 needs of all eligible institutions under this sub13 section, except that such funds shall not exceed 

14 $100,000,000 for fiscal year 2021 and each suc15 ceeding fiscal year. Such funds shall be available 

16 until expended. 

17 ‘‘(2) FORMULA.—Not later than 1 year after 

18 the date of the enactment of this section, the Sec19 retary shall establish through negotiated rulemaking 

20 a formula to determine the— 

21 ‘‘(A) proportional amount of institutional 

22 need under this section; and 

23 ‘‘(B) total amount of institutional need 

24 under this section. 

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1 ‘‘(3) SPECIAL RULE.—Such formula must at 

2 minimum take into consideration the severity of the 

3 problem, size of the institution, institutional re4 sources, historical underfunding, and the number of 

5 low-income students (as such term is defined in sec6 tion 419N(b)(7)) being served. 

7 ‘‘SEC. 498D. RESTRICTIONS ON CERTAIN EXPENDITURES. 

8 ‘‘(a) ESTABLISHING DEFINITIONS.— 

9 ‘‘(1) IN GENERAL.—For purposes of each sur10 vey conducted under the Integrated Postsecondary 

11 Education Data System after the date of enactment 

12 of the College Affordability Act and this Act, the 

13 Secretary shall define the following terms: 

14 ‘‘(A) Marketing. 

15 ‘‘(B) Recruitment. 

16 ‘‘(C) Advertising. 

17 ‘‘(D) Lobbying. 

18 ‘‘(E) Student services. 

19 ‘‘(2) EXCLUSION OF CERTAIN ACTIVITIES.—In 

20 defining the term ‘student services’ under paragraph 

21 (1)(E), the Secretary shall ensure that such term 

22 does not include marketing, recruitment, advertising, 

23 or lobbying. 

24 ‘‘(b) LIMITATION ON EXPENDITURES.—In a case in 

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1 tion of higher education participating in any program 

2 under this title that, for any of the 3 most recent institu3 tional fiscal years after the promulgation of regulations 

4 by the Secretary defining the terms in subsection (a)(1) 

5 for which the institution submits to the Secretary disclo6 sures on the expenditures of the institution on instruction 

7 for purposes of section 132(i)(1)(AA), the amount ex8 pended by such institution on instruction for such fiscal 

year is less than an amount equal to 1 9 ⁄3 of institution’s 

10 revenues derived from tuition and fees— 

11 ‘‘(1) for any institutional fiscal year after such 

12 determination is made, the sum of the amount ex13 pended by the institution on marketing, recruitment, 

14 advertising, and lobbying may not exceed the 

15 amount of the institution’s revenues derived from 

16 sources other than Federal education assistance 

17 funds; and 

18 ‘‘(2) in a case in which the institution fails to 

19 meet the requirements of paragraph (1) for 2 con20 secutive institutional fiscal years, the institution 

21 shall be ineligible to participate in the programs au22 thorized by this title for a period of not less than 

23 two institutional fiscal years. 

24 ‘‘(c) PUBLICATION ON WEBSITE.—The Secretary 

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1 ment’s website, information with respect to any institution 

2 of higher education that is subject to the requirements of 

3 subsection (b)(1), including— 

4 ‘‘(1) the quotient of the amount that the insti5 tution expends on instruction divided by the institu6 tion’s revenues derived from tuition and fees, ex7 pressed as a percentage; 

8 ‘‘(2) the sum of such institution’s expenditures 

9 on advertising, recruiting, marketing, and lobbying; 

10 ‘‘(3) the amount of such institution’s revenues 

11 received from sources outside of Federal education 

12 assistance funds; and 

13 ‘‘(4) the difference between paragraphs (2) and 

14 (3). 

15 ‘‘SEC. 498E. INSTITUTIONAL DISCLOSURE SYSTEM. 

16 ‘‘(a) DEPARTMENTAL DISCLOSURE.—The Secretary 

17 shall make available, on a publicly accessible website of 

18 the Department of Education, a list of institutions of high19 er education that— 

20 ‘‘(1) have failed to meet the requirements for 

21 accreditation by an agency or association recognized 

22 by the Secretary pursuant to section 496(a); or 

23 ‘‘(2) have failed to meet the requirements for 

24 participation in programs under this title. 

25 ‘‘(b) INSTITUTIONAL DISCLOSURE.— 

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1 ‘‘(1) IN GENERAL.—To be eligible to participate 

2 in programs under this title, an institution of higher 

3 education shall, using the template developed by the 

4 Secretary under subsection (c), disclose the accredi5 tation status of the institution on a publicly acces6 sible website of the institution. Any failure of the in7 stitution to meet an accreditation standard shall be 

8 specifically identified by the institution as part of 

9 the disclosure under this paragraph. 

10 ‘‘(2) UPDATES.—Any change in the accredita11 tion status of an institution of higher education shall 

12 be disclosed in accordance with paragraph (1) not 

13 later than 30 days after such change occurs. 

14 ‘‘(c) TEMPLATE.—The Secretary shall develop a tem15 plate that shall be used by institutions of higher education 

16 to make the disclosures required under subsection (b). The 

17 Secretary shall ensure that the template— 

18 ‘‘(1) clearly identifies the information to be dis19 closed; and 

20 ‘‘(2) is in a format that is easily understood by 

21 consumers.’’. 

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1 PART I—AMERICA’S COLLEGE PROMISE 

2 FEDERAL-STATE PARTNERSHIP 

3 SEC. 4801. PROGRAM AUTHORIZED. 

4 Title IV of the Higher Education Act of 1965 (20 

5 U.S.C. 1070 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘PART I—AMERICA’S COLLEGE PROMISE 

8 FEDERAL-STATE PARTNERSHIP 

9 ‘‘Subpart 1—State and Indian Tribe Grants for 

10 Community Colleges 

11 ‘‘SEC. 499A. IN GENERAL. 

12 ‘‘From amounts appropriated under section 499G for 

13 any fiscal year, the Secretary shall award grants to eligible 

14 States and Indian tribes to pay the Federal share of ex15 penditures needed to carry out the activities and services 

16 described in section 499E. 

17 ‘‘SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE. 

18 ‘‘(a) FEDERAL SHARE.— 

19 ‘‘(1) FORMULA.—Subject to paragraph (2), the 

20 Federal share of a grant under this subpart shall be 

21 based on a formula, determined by the Secretary, 

22 that— 

23 ‘‘(A) accounts for the State or Indian 

24 tribe’s share of eligible students; 

25 ‘‘(B) accounts for the ratio between a 

26 State or Indian tribe’s funding per full-time 

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1 equivalent (FTE) student at public colleges and 

2 universities and the average net price at State 

3 public four-year colleges and universities, in 

4 such a way as to reward States that keep net 

5 prices for students low while maintaining their 

6 investment in higher education; and 

7 ‘‘(C) provides, for each eligible student in 

8 the State or Indian tribe, a per-student amount 

9 that is at least 75 percent of— 

10 ‘‘(i) for the 2021–2022 award year, 

11 the average resident community college tui12 tion and fees per student in all States for 

13 the most recent year for which data are 

14 available; and 

15 ‘‘(ii) for each subsequent award year, 

16 the amount determined under this sub17 paragraph for the preceding award year, 

18 increased by the lesser of— 

19 ‘‘(I) a percentage equal to the es20 timated percentage increase in the 

21 Consumer Price Index (as determined 

22 by the Secretary) since the date of 

23 such determination; or 

24 ‘‘(II) 3 percent. 

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1 ‘‘(2) EXCEPTION FOR CERTAIN INDIAN

2 TRIBES.—In any case in which not less than 75 per3 cent of the students at the community colleges oper4 ated or controlled by an Indian tribe are low-income 

5 students, the amount of the Federal share for such 

6 Indian tribe shall be not less than 95 percent of the 

7 total amount needed to waive tuition and fees for all 

8 eligible students enrolled in such community col9 leges. 

10 ‘‘(b) STATE OR TRIBAL SHARE.— 

11 ‘‘(1) FORMULA.— 

12 ‘‘(A) IN GENERAL.—The State or tribal 

13 share of a grant under this subpart for each fis14 cal year shall be the amount needed to pay 25 

15 percent of the average community college resi16 dent tuition and fees per student in all States 

17 in the 2021–2022 award year for all eligible 

18 students in the State or Indian tribe, respec19 tively, for such fiscal year, except as provided in 

20 subparagraph (B). 

21 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

22 TRIBES.—In the case of an Indian tribe de23 scribed in subsection (a)(2), the amount of such 

24 Indian tribe’s tribal share shall not exceed 5 

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1 tion and fees for all eligible students enrolled in 

2 such community colleges. 

3 ‘‘(2) NEED-BASED AID.—A State or Indian 

4 tribe may include, as part of the State or tribal 

5 share, any need-based financial aid that— 

6 ‘‘(A) is provided from State or tribal funds 

7 to an eligible student; and 

8 ‘‘(B) may be used by such student to pay 

9 costs of attendance other than tuition and fees. 

10 ‘‘(3) NO IN-KIND CONTRIBUTIONS.—A State or 

11 Indian tribe shall not include in-kind contributions 

12 for purposes of the State or tribal share described 

13 in paragraph (1). 

14 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU15 DENTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Education 

17 shall develop and implement a process for accurately 

18 estimating the number of eligible students in a State 

19 or Indian tribe for purposes of subsection (a) and 

20 (b). 

21 ‘‘(2) INITIAL DETERMINATION.—For the first 

22 year for which grants are awarded under this sub23 part, the number of eligible students in a State or 

24 Indian tribe shall be considered to be equal to the 

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1 number of eligible students that were in the State or 

2 tribe for the preceding school year. 

3 ‘‘(d) ADJUSTMENT OF GRANT AMOUNT.—Not later 

4 than 180 days after the date on which a State or Indian 

5 tribe receives a grant under this subpart, the Secretary 

6 shall— 

7 ‘‘(1) in consultation with the State or tribe con8 cerned, determine whether the actual number of eli9 gible students in the State or Tribe for the year cov10 ered by the grant is greater than the estimated num11 ber of such students that was used to determine the 

12 amount of the grant; and 

13 ‘‘(2) if it is determined under paragraph (1) 

14 that the actual number of eligible students in the 

15 State or Tribe is higher than such estimate, issue a 

16 supplementary grant payment to the State or tribe 

17 in an amount that ensures that the total amount of 

18 the grant funds received by the State or tribe under 

19 this subpart for the year covered by the grant accu20 rately reflects the higher number of eligible students. 

21 ‘‘SEC. 499C. APPLICATIONS. 

22 ‘‘(a) SUBMISSION.—In order to receive a grant under 

23 this subpart, a State or tribe shall submit an application 

24 to the Secretary at such time, in such manner, and con25 taining such information as the Secretary may require. 

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1 ‘‘(b) CONTENTS.—Each application under subsection 

2 (a) shall include, at a minimum— 

3 ‘‘(1) an estimate of the number of eligible stu4 dents in the State or Indian tribe and the cost of 

5 waiving community college resident tuition and fees 

6 for all eligible students for each fiscal year covered 

7 by the grant; 

8 ‘‘(2) an assurance that all community colleges 

9 in the State or under the jurisdiction of the Indian 

10 tribe, respectively, will waive resident tuition and 

11 fees for eligible students in accordance with section 

12 499D(a); 

13 ‘‘(3) a description of the promising and evi14 dence-based institutional reforms and innovative 

15 practices to improve student outcomes, including 

16 transfer and completion rates, that have been or will 

17 be adopted by the participating community colleges, 

18 such as— 

19 ‘‘(A) providing comprehensive academic 

20 and student support services, including men21 toring and advising, especially for low-income, 

22 first-generation, and adult students, and other 

23 students belonging to racial and other groups 

24 that are underrepresented in higher education; 

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1 ‘‘(B) the provision of direct support serv2 ices such as— 

3 ‘‘(i) childcare, transportation, emer4 gency financial assistance, and mental 

5 health and substance use disorder treat6 ment; 

7 ‘‘(ii) assistance in obtaining health in8 surance coverage; 

9 ‘‘(iii) assistance securing affordable 

10 housing; 

11 ‘‘(iv) efforts to address food insecurity 

12 and campus hunger; and 

13 ‘‘(v) efforts to facilitate student par14 ticipation in means-tested Federal benefit 

15 programs (as defined in section 479(d)); 

16 ‘‘(C) providing accelerated learning oppor17 tunities, such as dual or concurrent enrollment 

18 programs, including early college high school 

19 programs; 

20 ‘‘(D) strengthening and reforming remedial 

21 and developmental education, especially for low22 income, first-generation, and adult students, 

23 and other students belonging to racial and 

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1 tiple measures (such as a student’s college en2 trance examination score, grade point average, 

3 high school course list, or a placement examina4 tion) to identify students in need of remedial 

5 education; or 

6 ‘‘(E) utilizing career pathways or degree 

7 pathways; 

8 ‘‘(4) a description of how the State or Indian 

9 tribe will ensure that programs leading to a recog10 nized postsecondary credential meet the quality cri11 teria established by the State under section 123(a) 

12 of the Workforce Innovation and Opportunity Act 

13 (29 U.S.C. 3153(a)) or other quality criteria deter14 mined appropriate by the State or Indian tribe; 

15 ‘‘(5) an assurance that all participating commu16 nity colleges in the State or under the authority of 

17 the Indian tribe have entered into program partici18 pation agreements under section 487; 

19 ‘‘(6) an assurance that the State or Indian tribe 

20 will, to the extent practicable, assist eligible students 

21 in obtaining information about and accessing means22 tested Federal benefit programs (as defined in sec23 tion 479(d)) for which such students may be eligible; 

24 ‘‘(7) an assurance that, for each year of the 

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1 ble student of the student’s remaining eligibility for 

2 assistance under this subpart; and 

3 ‘‘(8) if the application is submitted by a 

4 State— 

5 ‘‘(A) an assurance that the State will, to 

6 the extent practicable, consider changes to 

7 State law that will enable more community col8 lege students to be eligible for means-tested 

9 Federal benefit programs (as defined in section 

10 479(d)); 

11 ‘‘(B) an assurance that the State will meet 

12 the requirements of section 499D(b)(1) relating 

13 to the alignment of secondary and postsec14 ondary education; and 

15 ‘‘(C) an assurance that the State will meet 

16 the requirements of section 499D(b)(2) relating 

17 to the improvement of transfer pathways be18 tween institutions of higher education. 

19 ‘‘SEC. 499D. PROGRAM REQUIREMENTS. 

20 ‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN21 DIAN TRIBES.—As a condition of receiving a grant under 

22 this subpart a State or Indian tribe shall meet the fol23 lowing requirements: 

24 ‘‘(1) For each year of the grant the total 

25 amount of community college resident tuition and 

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1 fees charged to an eligible student in the State or 

2 Indian tribe shall be $0. 

3 ‘‘(2) For each year of the grant no amount of 

4 financial assistance for which an eligible student 

5 qualifies may be applied to such tuition or fees. 

6 ‘‘(b) STATE REQUIREMENTS.—As a condition of re7 ceiving a grant under this subpart a State shall meet the 

8 following requirements: 

9 ‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU10 CATION.— 

11 ‘‘(A) IN GENERAL.—The State shall— 

12 ‘‘(i) submit a plan to align the re13 quirements for receiving a regular high 

14 school diploma from a public high school 

15 with the requirements for entering credit16 bearing coursework at a participating com17 munity college; and 

18 ‘‘(ii) not later than three years after 

19 the date on which the State first receives 

20 a grant under this subpart, certify to the 

21 Secretary that such alignment has been 

22 achieved. 

23 ‘‘(B) FAILURE TO CERTIFY.—If a State 

24 does not provide the certification required 

25 under subparagraph (A) by the date specified in 

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1 such subparagraph, the State shall submit to 

2 the Secretary, at such time and in such manner 

3 as the Secretary may require— 

4 ‘‘(i) a written explanation for the 

5 delay in making the certification; and 

6 ‘‘(ii) a plan that will enable the State 

7 to make the certification by not later than 

8 5 years after the date on which the State 

9 first received a grant under this subpart. 

10 ‘‘(2) TRANSFER PATHWAYS.— 

11 ‘‘(A) IN GENERAL.—The State shall— 

12 ‘‘(i) submit a plan, developed in col13 laboration with faculty from institutions of 

14 higher education in the State, to improve 

15 transfer pathways between institutions of 

16 higher education in the State, including by 

17 ensuring that associate degrees awarded by 

18 public institutions in the State are fully 

19 transferable to, and credited as, the first 2 

20 years of related baccalaureate programs at 

21 public institutions of higher education in 

22 such State; and 

23 ‘‘(ii) not later than 3 years after the 

24 date on which the State first receives a 

25 grant under this subpart, certify to the 

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1 Secretary that an associate degree in an 

2 academic major in the arts or sciences that 

3 is awarded by a public institution of higher 

4 education in the State on or after the date 

5 that is not later than 3 years after the 

6 date on which the State first receives a 

7 grant under this subpart shall be fully 

8 transferrable to, and credited as, the first 

9 2 years of a related baccalaureate program 

10 at a public institution of higher education 

11 in such State. 

12 ‘‘(B) FAILURE TO CERTIFY.—If a State 

13 does not provide the certification required 

14 under subparagraph (A) by the date specified in 

15 such subparagraph, the State shall submit to 

16 the Secretary, at such time and in such manner 

17 as the Secretary may require— 

18 ‘‘(i) a written explanation for the 

19 delay in making the certification; and 

20 ‘‘(ii) a plan that will enable the State 

21 to make the certification by not later than 

22 5 years after the date on which the State 

23 first received a grant under this subpart. 

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1 ‘‘(3) APPLICABILITY.—The Secretary may not 

2 apply the requirements under this subsection to an 

3 Indian tribe. 

4 ‘‘SEC. 499E. ALLOWABLE USES OF FUNDS. 

5 ‘‘(a) IN GENERAL.—Except as provided in subsection 

6 (b), a State or Indian tribe shall use a grant under this 

7 subpart only to provide funds to participating community 

8 colleges to enable such community colleges to waive resi9 dent tuition and fees for eligible students as required 

10 under section 499D(a). 

11 ‘‘(b) ADDITIONAL USES.—If a State or Indian tribe 

12 demonstrates to the Secretary that it has grant funds re13 maining after meeting the demand for activities described 

14 in subsection (a), the State or Indian tribe may use those 

15 funds to carry out one or more of the following: 

16 ‘‘(1) Enhancing the quality of public higher 

17 education to improve student outcomes, including 

18 transfer and completion rates. 

19 ‘‘(2) Expanding the scope and capacity of high20 quality academic and occupational skills training 

21 programs at community colleges. 

22 ‘‘(3) Improving postsecondary education readi23 ness in the State or Indian tribe, including through 

24 outreach and early intervention. 

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1 ‘‘(4) Expanding access to dual or concurrent 

2 enrollment programs, including early college high 

3 school programs. 

4 ‘‘(5) Improving affordability at 4-year public in5 stitutions of higher education. 

6 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR7 POSES.—A State or Indian tribe that receives a grant 

8 under this subpart may not use any funds provided under 

9 this subpart for administrative purposes relating to the 

10 grant under this subpart. 

11 ‘‘(d) MAINTENANCE OF EFFORT.—A State or Indian 

12 tribe receiving a grant under this subpart is entitled to 

13 receive its full allotment of funds under this subpart for 

14 a fiscal year only if, for each year of the grant, the State 

15 or Indian tribe provides— 

16 ‘‘(1) financial support for public higher edu17 cation at a level equal to or exceeding the average 

18 amount provided per full-time equivalent student for 

19 public institutions of higher education for the three 

20 consecutive preceding fiscal years. In making the 

21 calculation under this subsection, the State or In22 dian tribe shall— 

23 ‘‘(A) exclude capital expenses and research 

24 and development costs; and 

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1 ‘‘(B) include need-based financial aid for 

2 students who attend public institutions of high3 er education; 

4 ‘‘(2) financial support for operational expenses 

5 for public, four-year colleges and universities at a 

6 level equal to or exceeding the average amount pro7 vided for the three consecutive preceding State or 

8 Indian tribe fiscal years; and 

9 ‘‘(3) financial support for need-based financial 

10 aid at a level equal to or exceeding the average 

11 amount provided for the three consecutive preceding 

12 State or Indian tribe fiscal years. 

13 ‘‘(e) ANNUAL REPORT.—A State or Indian tribe re14 ceiving a grant under this subpart shall submit an annual 

15 report to the Secretary describing the uses of grant funds 

16 under this subpart, the progress made in fulfilling the re17 quirements of the grant, and rates of transfer, graduation, 

18 and attainment of recognized postsecondary credentials at 

19 participating community colleges, including such rates 

20 disaggregated by race, income, and age, and including any 

21 other information as the Secretary may require. 

22 ‘‘(f) REPORTING BY SECRETARY.—The Secretary an23 nually shall— 

24 ‘‘(1) compile and analyze the information de25 scribed in subsection (e); and 

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1 ‘‘(2) prepare and submit a report to the Com2 mittee on Health, Education, Labor, and Pensions 

3 of the Senate and the Committee on Education and 

4 Labor of the House of Representatives containing 

5 the analysis described in paragraph (1) and an iden6 tification of State and Indian tribe best practices for 

7 achieving the purpose of this subpart. 

8 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

9 provide technical assistance to eligible States and Indian 

10 tribes concerning best practices regarding the promising 

11 and evidence-based institutional reforms and innovative 

12 practices to improve student outcomes and shall dissemi13 nate such best practices among the States and Indian 

14 tribes. 

15 ‘‘(h) CONTINUATION OF FUNDING.— 

16 ‘‘(1) IN GENERAL.—A State or Indian tribe re17 ceiving a grant under this subpart for a fiscal year 

18 may continue to receive funding under this subpart 

19 for future fiscal years conditioned on the availability 

20 of budget authority and on meeting the require21 ments of the grant, as determined by the Secretary. 

22 ‘‘(2) DISCONTINUATION.—The Secretary may 

23 discontinue funding of the Federal share of a grant 

24 under this subpart if the State or Indian tribe has 

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1 quate progress in implementing the reforms de2 scribed in the application submitted under section 

3 499C. 

4 ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made 

5 available under this subpart shall be used to supplement, 

6 and not supplant, other Federal, State, and local funds 

7 that would otherwise be expended to carry out activities 

8 under this section. 

9 ‘‘SEC. 499F. DEFINITIONS. 

10 ‘‘In this subpart: 

11 ‘‘(1) CAREER PATHWAY.—The term ‘career 

12 pathway’ has the meaning given the term in section 

13 3 of the Workforce Innovation and Opportunity Act 

14 (29 U.S.C. 3102). 

15 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com16 munity college’ means a public institution of higher 

17 education at which the highest degree that is pre18 dominantly awarded to students is an associate’s de19 gree, including 2-year tribally controlled colleges 

20 under section 316 and public 2-year State institu21 tions of higher education. 

22 ‘‘(3) DUAL OR CONCURRENT ENROLLMENT

23 PROGRAM.—The term ‘dual or concurrent enrollment 

24 program’ has the meaning given the term in section 

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1 8101 of the Elementary and Secondary Education 

2 Act of 1965 (20 U.S.C. 7801). 

3 ‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The 

4 term ‘early college high school’ has the meaning 

5 given the term in section 8101 of the Elementary 

6 and Secondary Education Act of 1965 (20 U.S.C. 

7 7801). 

8 ‘‘(5) ELIGIBLE STUDENT.— 

9 ‘‘(A) DEFINITION.—The term ‘eligible stu10 dent’ means a student who— 

11 ‘‘(i) attends the community college on 

12 not less than a half-time basis; 

13 ‘‘(ii) is maintaining satisfactory 

14 progress (as defined in section 484(c)) in 

15 the student’s course of study; 

16 ‘‘(iii) is enrolled in an eligible pro17 gram (as defined in section 481(b)); and 

18 ‘‘(iv) either— 

19 ‘‘(I) qualifies for in-State resi20 dent community college tuition, as de21 termined by the State or Indian tribe; 

22 or 

23 ‘‘(II) would qualify for such in24 State resident community college tuiVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tion, but for the immigration status of 

2 such student. 

3 ‘‘(B) SPECIAL RULE.—An otherwise eligi4 ble student shall lose eligibility 3 calendar years 

5 after first receiving benefits under this subpart. 

6 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

7 has the meaning given the term in section 102 of the 

8 Federally Recognized Indian Tribe List Act of 1994 

9 (25 U.S.C. 479a). 

10 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 

11 The term ‘institution of higher education’ has the 

12 meaning given the term in section 101. 

13 ‘‘(8) RECOGNIZED POSTSECONDARY CREDEN14 TIAL.—The term ‘recognized postsecondary creden15 tial’ has the meaning as described in section 3 of the 

16 Workforce Innovation and Opportunity Act (29 

17 U.S.C. 3102). 

18 ‘‘(9) STATE.—The term ‘State’ has the mean19 ing given the term in section 103. 

20 ‘‘SEC. 499G. APPROPRIATIONS. 

21 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For 

22 the purpose of making grants under this subpart there are 

23 authorized to be appropriated, and there are appro24 priated— 

25 ‘‘(1) $1,569,700,000 for fiscal year 2021; 

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1 ‘‘(2) $3,472,880,000 for fiscal year 2022; 

2 ‘‘(3) $4,431,950,000 for fiscal year 2023; 

3 ‘‘(4) $6,204,030,000 for fiscal year 2024; 

4 ‘‘(5) $8,119,870,000 for fiscal year 2025; 

5 ‘‘(6) $9,297,430,000 for fiscal year 2026; 

6 ‘‘(7) $11,708,890,000 for fiscal year 2027; 

7 ‘‘(8) $14,971,330,000 for fiscal year 2028; 

8 ‘‘(9) $15,619,910,000 for fiscal year 2029; and 

9 ‘‘(10) $16,296,080,000 for fiscal year 2030 and 

10 each succeeding fiscal year. 

11 ‘‘(b) AVAILABILITY.—Funds appropriated under sub12 section (a) shall remain available to the Secretary until 

13 expended. 

14 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro15 priated under subsection (a) for a fiscal year is not suffi16 cient to award each participating State and Indian tribe 

17 a grant under this subpart that is equal to the minimum 

18 amount of the Federal share described in section 499B, 

19 the Secretary may ratably reduce the amount of each such 

20 grant or take other actions necessary to ensure an equi21 table distribution of such amount.’’. 

22 SEC. 4802. STUDENT SUCCESS FUND. 

23 Part I of title IV of the Higher Education Act of 

24 1965 (20 U.S.C. 1070 et seq.), as added by section 4801, 

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

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1 ‘‘Subpart 2—Student Success Fund 

2 ‘‘SEC. 499H. IN GENERAL. 

3 ‘‘From amounts appropriated under section 499N for 

4 any fiscal year, the Secretary shall carry out a grant pro5 gram (to be known as the Student Success Fund) to make 

6 grants to eligible entities to carry out the activities and 

7 services described in section 499L. 

8 ‘‘SEC. 499I. ALLOCATION. 

9 ‘‘(a) FEDERAL SHARE ALLOCATION.—The Federal 

10 share of a grant under this subpart shall be determined 

11 using the formula determined under section 499B(1). 

12 ‘‘(b) MATCHING FUNDS.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), an eligible entity participating in the pro15 gram under this subpart shall provide, from non16 Federal sources, in cash or in-kind— 

17 ‘‘(A) in each of the first, second, third, and 

18 fourth year of participation in the program, an 

19 amount equal to 25 percent of the amount such 

20 entity received under subsection (a) with re21 spect to such year; 

22 ‘‘(B) in each of the fifth and sixth year of 

23 participation in the program, an amount equal 

24 to 50 percent of the amount such entity re25 ceived under subsection (a) with respect to such 

26 year; 

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1 ‘‘(C) in each of the seventh and eighth 

2 year of participation in the program, an amount 

3 equal to 75 percent of the amount such entity 

4 received under subsection (a) with respect to 

5 such year; and 

6 ‘‘(D) in each ninth year and each subse7 quent year thereafter of participation in the 

8 program, an amount equal to 100 percent of 

9 the amount such entity received under sub10 section (a) with respect to such year. 

11 ‘‘(2) EXCEPTION FOR CERTAIN INDIAN

12 TRIBES.—The Secretary may waive the matching 

13 fund requirements under paragraph (1) in the case 

14 of an eligible entity that is an Indian tribe if at least 

15 75 percent of the students at the institutions of 

16 higher education operated or controlled by such In17 dian tribe are low-income students. 

18 ‘‘(3) REALLOTMENT.—If an eligible entity re19 turns to the Secretary any portion of the sums allo20 cated to such eligible entity under this section for 

21 any fiscal year, the Secretary shall reallot such ex22 cess as part of the available appropriated amount for 

23 the succeeding fiscal year. 

24 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

25 awarded under this subpart shall be used to supplement, 

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1 and not supplant, other Federal, State, and local funds 

2 that would otherwise be expended to carry out activities 

3 assisted under this subpart. 

4 ‘‘(d) LIMITATION.—An eligible entity may only par5 ticipate in the program under this subpart in a year in 

6 which such entity receives a grant under subpart 1. 

7 ‘‘SEC. 499J. APPLICATIONS. 

8 ‘‘(a) IN GENERAL.—To be eligible to participate in 

9 the program under this subpart, an eligible entity shall 

10 submit an application to the Secretary at such time, in 

11 such manner, and containing such information as the Sec12 retary may require, including— 

13 ‘‘(1) a plan that includes— 

14 ‘‘(A) the amount of funds requested by the 

15 eligible entity under this subpart and the in16 tended use of such funds; 

17 ‘‘(B) how the eligibility entity will use the 

18 requested funds to implement the promising 

19 and evidence-based institutional reforms and in20 novative practices to improve student outcomes 

21 identified by such entity under section 

22 499C(b)(3), including annual implementation 

23 benchmarks that the entity will use to track 

24 progress in implementing such reforms and 

25 practices; 

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1 ‘‘(C) how the eligible entity will meet its 

2 matching fund requirements under section 

3 499I(b); 

4 ‘‘(D) if the eligible entity is a State, how 

5 such eligible entity will prioritize spending on 

6 the public institutions of higher education speci7 fied in paragraph (2)(B); and 

8 ‘‘(E) the improvements the eligible entity 

9 anticipates in student outcomes, including im10 provements in transfer rates or completion 

11 rates, or both. 

12 ‘‘(2) if the eligible entity is a State, an analysis 

13 that includes— 

14 ‘‘(A) with respect to each public institution 

15 of higher education of the eligible entity— 

16 ‘‘(i) the total per-student funding; 

17 ‘‘(ii) the amount of per-student fund18 ing from State-appropriated funds; 

19 ‘‘(iii) the student demographics (in20 cluding, data on race, income, disability 

21 status, and remediation); and 

22 ‘‘(iv) transfer and completion rates, 

23 including such rates among low-income 

24 students, students of color, students with 

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1 disabilities, and students in need of reme2 diation; and 

3 ‘‘(B) an analysis of whether, of the public 

4 institutions of higher education of the eligible 

5 entity, the public institutions of higher edu6 cation that received less funding on a per-stu7 dent basis described in clause (i) or (ii), or 

8 both, of subparagraph (A), are serving dis9 proportionately high shares of low-income stu10 dents, students of color, students with disabil11 ities, or students in need of remediation. 

12 ‘‘(b) APPROVAL.— 

13 ‘‘(1) IN GENERAL.—Not later than 180 days 

14 after receiving a plan under subsection (a), the Sec15 retary shall— 

16 ‘‘(A) approve the plan; or 

17 ‘‘(B) require revisions to such plan. 

18 ‘‘(2) REVISIONS REQUIRED.—An eligible entity 

19 shall make such revisions as required by the Sec20 retary under paragraph (1)(B). 

21 ‘‘(c) PUBLICATION.—The Secretary shall make each 

22 plan approved under subsection (b)(1)(A) and each plan 

23 revised under subsection (b)(2) available to the public on 

24 the website of the Department. 

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1 ‘‘SEC. 499K. PROGRAM REQUIREMENTS. 

2 ‘‘(a) GENERAL REQUIREMENTS.— 

3 ‘‘(1) REPORT ON DEMONSTRATED PROGRESS.— 

4 For the third year in which an eligible entity partici5 pates in the program under this subpart, and every 

6 2 years thereafter, the eligible entity shall submit a 

7 report to the Secretary, in such manner and con8 taining such information as the Secretary may re9 quire, that includes— 

10 ‘‘(A) the progress in meeting the annual 

11 implementation benchmarks included in the ap12 plication of such eligible entity under section 

13 499J(a)(1)(B); 

14 ‘‘(B) the progress in improving the student 

15 outcomes identified by the entity under section 

16 499(J)(a)(1)(E); and 

17 ‘‘(C) with respect to the 2 years after such 

18 report is submitted— 

19 ‘‘(i) a plan for the use of funds under 

20 this subpart; and 

21 ‘‘(ii) the amount of funds requested 

22 by the eligible entity under this subpart . 

23 ‘‘(2) APPROVAL.—Not later than 180 days 

24 after receiving a plan under paragraph (1)(C)(i), the 

25 Secretary shall— 

26 ‘‘(A) approve the plan; or 

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1 ‘‘(B) require revisions to such plan. 

2 ‘‘(3) REVISIONS REQUIRED.—An eligible entity 

3 shall make such revisions as required by the Sec4 retary under paragraph (2)(B). 

5 ‘‘(b) FAILURE TO MEET REQUIREMENTS.—If an eli6 gible entity does not meet the annual implementation 

7 benchmarks included in the application of such eligible en8 tity under section 499J(a)(1)(B), as required to be re9 ported under subsection (a)(1)(A), such eligible entity 

10 shall submit to the Secretary, at such time and in such 

11 manner as the Secretary may require— 

12 ‘‘(1) a written explanation for the delay in 

13 meeting such requirements; and 

14 ‘‘(2) a plan that will enable such eligible entity 

15 to meet such requirements not later than 1 year 

16 after the date on which the eligible entity submitted 

17 the written explanation under paragraph (1). 

18 ‘‘(c) PUBLICATION.—The Secretary shall make each 

19 plan approved under subsection (a)(2)(A), each plan re20 vised under subsection (a)(3), and each plan submitted 

21 under subsection (b)(2) available to the public on the 

22 website of the Department. 

23 ‘‘SEC. 499L. ALLOWABLE USES OF FUNDS. 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), an eligible entity shall use a grant under this subpart 

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1 only to allocate funds in accordance with the plan sub2 mitted for such year under section 499J(a)(1). 

3 ‘‘(b) USE OF FUNDS FOR ADMINISTRATIVE PUR4 POSES.—An eligible entity that receives a grant under this 

5 subpart may use not more than 10 percent of such grant 

6 for administrative purposes relating to the grant under 

7 this subpart. 

8 ‘‘SEC. 499M. ELIGIBLE ENTITY DEFINED. 

9 ‘‘In this subpart, the term ‘eligible entity’ means a 

10 State or Indian tribe that received a grant under subpart 

11 1 for the fiscal year in which such State or Indian tribe 

12 receives a grant under this subpart. 

13 ‘‘SEC. 499N. APPROPRIATIONS. 

14 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For 

15 the purpose of making grants under this subpart there are 

16 authorized to be appropriated and there are appropriated 

17 $500,000,000 for fiscal year 2021 and each succeeding 

18 fiscal year. 

19 ‘‘(b) AVAILABILITY.—Funds appropriated under sub20 section (a) shall remain available to the Secretary until 

21 expended.’’. 

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1 SEC. 4803. PATHWAYS TO STUDENT SUCCESS FOR HISTORI2 CALLY BLACK COLLEGES AND UNIVERSITIES, 

3 TRIBAL COLLEGES AND UNIVERSITIES, AND 

4 MINORITY-SERVING INSTITUTIONS. 

5 Part I of title IV of the Higher Education Act of 

6 1965 (20 U.S.C. 1070 et seq.), as added by section 4801, 

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

8 ‘‘Subpart 3—Grants to Historically Black Colleges 

9 and Universities, Tribal Colleges and Univer10 sities, and Minority-Serving Institutions 

11 ‘‘SEC. 499O. PATHWAYS TO STUDENT SUCCESS FOR HIS12 TORICALLY BLACK COLLEGES AND UNIVER13 SITIES. 

14 ‘‘(a) IN GENERAL.—From amounts appropriated 

15 under section 499S(a) for any fiscal year, the Secretary 

16 shall award grants to participating 4-year historically 

17 black colleges or universities that meet the requirements 

18 of subsection (b) to— 

19 ‘‘(1) encourage students to enroll and success20 fully complete a bachelor’s degree at participating 

21 institutions; 

22 ‘‘(2) provide incentives to community college 

23 students to transfer to participating institutions 

24 through strong transfer pathways to complete a 

25 bachelor’s degree program; and 

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1 ‘‘(3) support participating institutions to better 

2 serve new and existing students by engaging in re3 forms and innovations designed to improve comple4 tion rates and other student outcomes. 

5 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

6 under the program under this section, an institution shall 

7 be a historically black college or university that— 

8 ‘‘(1) has a student body of which not less than 

9 35 percent are low-income students; 

10 ‘‘(2) commits to maintaining or adopting and 

11 implementing promising and evidence-based institu12 tional reforms and innovative practices to improve 

13 the completion rates and other student outcomes, 

14 such as— 

15 ‘‘(A) providing comprehensive academic 

16 and student support services, including men17 toring and advising, especially for low-income, 

18 first-generation, and adult students, and other 

19 students belonging to racial and other groups 

20 that are underrepresented in higher education; 

21 ‘‘(B) providing direct support services such 

22 as— 

23 ‘‘(i) childcare, transportation, emer24 gency financial assistance, and mental 

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1 health and substance use disorder treat2 ment; 

3 ‘‘(ii) assistance in obtaining health in4 surance coverage; 

5 ‘‘(iii) assistance securing affordable 

6 housing; 

7 ‘‘(iv) efforts to address food insecurity 

8 and campus hunger; and 

9 ‘‘(v) efforts to facilitate student par10 ticipation in means-tested Federal benefit 

11 programs (as defined in section 479(d)); 

12 ‘‘(C) providing accelerated learning oppor13 tunities and degree pathways, such as dual en14 rollment and pathways to graduate and profes15 sional degree programs; 

16 ‘‘(D) partnering with employers, industry, 

17 not-for-profit associations, and other groups to 

18 provide opportunities to advance learning out19 side the classroom, including work-based learn20 ing opportunities such as internships or appren21 ticeships or programs designed to improve 

22 inter-cultural development and personal growth, 

23 such as foreign exchange and study abroad pro24 grams; or 

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1 ‘‘(E) strengthening remedial education, es2 pecially for low-income, first-generation, and 

3 adult students, and other students belonging to 

4 racial and other groups that are underrep5 resented in higher education, including through 

6 the use of multiple measures (such as a stu7 dent’s college entrance examination score, grade 

8 point average, high school course list, or a 

9 placement examination) to identify students in 

10 need of remedial education; 

11 ‘‘(3) sets performance goals for improving stu12 dent outcomes for the duration of the grant; and 

13 ‘‘(4) if receiving a grant for transfer students, 

14 has articulation agreements with community colleges 

15 at the national, State, or local level to ensure that 

16 community college credits can fully transfer to the 

17 participating institution. 

18 ‘‘(c) GRANT AMOUNT.— 

19 ‘‘(1) INITIAL AMOUNT.—For the first year that 

20 an eligible institution participates in the grant pro21 gram under this section and subject to paragraph 

22 (3), such eligible institution shall receive a grant in 

23 an amount based on the product of— 

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1 ‘‘(A) the actual cost of tuition and fees at 

2 the eligible institution in such year (referred to 

3 in this section as the per-student rebate); and 

4 ‘‘(B) the number of eligible students en5 rolled in the eligible institution for the pre6 ceding year. 

7 ‘‘(2) SUBSEQUENT INCREASES.—For each suc8 ceeding year after the first year of the grant pro9 gram under this section, each participating eligible 

10 institution shall receive a grant in the amount deter11 mined under paragraph (1) for such year, except 

12 that in no case shall the amount of the per-student 

13 rebate for an eligible institution increase by more 

14 than 3 percent as compared to the amount of such 

15 rebate for the preceding year. 

16 ‘‘(3) LIMITATIONS.— 

17 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

18 No eligible institution participating in the grant 

19 program under this section shall receive a per20 student rebate amount for any year that is 

21 greater than the national average of annual tui22 tion and fees at public 4-year institutions of 

23 higher education for such year, as determined 

24 by the Secretary. 

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1 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

2 During the first year of participation in the 

3 grant program under this section, no eligible in4 stitution may increase tuition and fees at a rate 

5 greater than any annual increase at the eligible 

6 institution in the previous 5 years. 

7 ‘‘(d) APPLICATION.—An eligible institution that de8 sires a grant under this section shall submit an application 

9 to the Secretary at such time, in such manner, and con10 taining such information as the Secretary may require. 

11 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

12 section to a participating eligible institution shall be used 

13 to waive or significantly reduce tuition and fees for eligible 

14 students in an amount of not more than up to the annual 

15 per-student rebate amount for each student, for not more 

16 than the first 60 credits an eligible student enrolls in the 

17 participating eligible institution. 

18 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

19 available under section 499S to carry out this section shall 

20 be used to supplement, and not supplant, other Federal, 

21 State, and local funds that would otherwise be expended 

22 to carry out activities under this section. 

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1 ‘‘SEC. 499P. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL 

2 COLLEGES AND UNIVERSITIES. 

3 ‘‘(a) IN GENERAL.—From amounts appropriated 

4 under section 499S(a) for any fiscal year, the Secretary 

5 shall award grants to participating 4-year Tribal Colleges 

6 or Universities that meet the requirements of subsection 

7 (b) to— 

8 ‘‘(1) encourage students to enroll and success9 fully complete a bachelor’s degree at participating 

10 institutions; 

11 ‘‘(2) provide incentives to community college 

12 students to transfer to participating institutions 

13 through strong transfer pathways to complete a 

14 bachelor’s degree program; and 

15 ‘‘(3) support participating institutions to better 

16 serve new and existing students by engaging in re17 forms and innovations designed to improve comple18 tion rates and other student outcomes. 

19 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

20 under the program under this section, an institution shall 

21 be a Tribal College or University that— 

22 ‘‘(1) has a student body of which not less than 

23 35 percent are low-income students; 

24 ‘‘(2) commits to maintaining or adopting and 

25 implementing promising and evidence-based institu26 tional reforms and innovative practices to improve 

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1 the completion rates and other student outcomes, 

2 such as— 

3 ‘‘(A) providing comprehensive academic 

4 and student support services, including men5 toring and advising, especially for low-income, 

6 first-generation, and adult students, and other 

7 students belonging to racial and other groups 

8 that are underrepresented in higher education; 

9 ‘‘(B) providing direct support services such 

10 as— 

11 ‘‘(i) childcare, transportation, emer12 gency financial assistance, and mental 

13 health and substance use disorder treat14 ment; 

15 ‘‘(ii) assistance in obtaining health in16 surance coverage; 

17 ‘‘(iii) assistance securing affordable 

18 housing; 

19 ‘‘(iv) efforts to address food insecurity 

20 and campus hunger; and 

21 ‘‘(v) efforts to facilitate student par22 ticipation in means-tested Federal benefit 

23 programs (as defined in section 479(d)); 

24 ‘‘(C) providing accelerated learning oppor25 tunities and degree pathways, such as dual enVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 rollment and pathways to graduate and profes2 sional degree programs; 

3 ‘‘(D) partnering with employers, industry, 

4 not-for-profit associations, and other groups to 

5 provide opportunities to advance learning out6 side the classroom, including work-based learn7 ing opportunities such as internships or appren8 ticeships or programs designed to improve 

9 inter-cultural development and personal growth, 

10 such as foreign exchange and study abroad pro11 grams; or 

12 ‘‘(E) strengthening remedial education, es13 pecially for low-income, first-generation, and 

14 adult students, and other students belonging to 

15 racial and other groups that are underrep16 resented in higher education, including through 

17 the use of multiple measures (such as a stu18 dent’s college entrance examination score, grade 

19 point average, high school course list, or a 

20 placement examination) to identify students in 

21 need of remedial education; 

22 ‘‘(3) sets performance goals for improving stu23 dent outcomes for the duration of the grant; and 

24 ‘‘(4) if receiving a grant for transfer students, 

25 has articulation agreements with community colleges 

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1 at the national, State, or local level to ensure that 

2 community college credits can fully transfer to the 

3 participating institution. 

4 ‘‘(c) GRANT AMOUNT.— 

5 ‘‘(1) INITIAL AMOUNT.—For the first year that 

6 an eligible institution participates in the grant pro7 gram under this section and subject to paragraph 

8 (3), such eligible institution shall receive a grant in 

9 an amount based on the product of— 

10 ‘‘(A) the actual cost of tuition and fees at 

11 the eligible institution in such year (referred to 

12 in this section as the per-student rebate); and 

13 ‘‘(B) the number of eligible students en14 rolled in the eligible institution for the pre15 ceding year. 

16 ‘‘(2) SUBSEQUENT INCREASES.—For each suc17 ceeding year after the first year of the grant pro18 gram under this section, each participating eligible 

19 institution shall receive a grant in the amount deter20 mined under paragraph (1) for such year, except 

21 that in no case shall the amount of the per-student 

22 rebate for an eligible institution increase by more 

23 than 3 percent as compared to the amount of such 

24 rebate for the preceding year. 

25 ‘‘(3) LIMITATIONS.— 

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1 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

2 No eligible institution participating in the grant 

3 program under this section shall receive a per4 student rebate amount for any year that is 

5 greater than the national average of annual tui6 tion and fees at public 4-year institutions of 

7 higher education for such year, as determined 

8 by the Secretary. 

9 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

10 During the first year of participation in the 

11 grant program under this section, no eligible in12 stitution may increase tuition and fees at a rate 

13 greater than any annual increase at the eligible 

14 institution in the previous 5 years. 

15 ‘‘(d) APPLICATION.—An eligible institution that de16 sires a grant under this section shall submit an application 

17 to the Secretary at such time, in such manner, and con18 taining such information as the Secretary may require. 

19 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

20 section to a participating eligible institution shall be used 

21 to waive or significantly reduce tuition and fees for eligible 

22 students in an amount of not more than up to the annual 

23 per-student rebate amount for each student, for not more 

24 than the first 60 credits an eligible student enrolls in the 

25 participating eligible institution. 

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1 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

2 available under section 499S to carry out this section shall 

3 be used to supplement, and not supplant, other Federal, 

4 State, and local funds that would otherwise be expended 

5 to carry out activities under this section. 

6 ‘‘SEC. 499Q. PATHWAYS TO STUDENT SUCCESS FOR HIS7 PANIC-SERVING INSTITUTIONS, ASIAN AMER8 ICAN AND NATIVE AMERICAN PACIFIC IS9 LANDER-SERVING INSTITUTIONS, ALASKA NA10 TIVE-SERVING INSTITUTIONS, NATIVE HAWAI11 IAN-SERVING INSTITUTIONS, PREDOMI12 NANTLY BLACK INSTITUTIONS, AND NATIVE 

13 AMERICAN-SERVING NONTRIBAL INSTITU14 TIONS. 

15 ‘‘(a) IN GENERAL.—From amounts appropriated 

16 under section 499S(a) for any fiscal year, the Secretary 

17 shall award grants to participating 4-year minority-serving 

18 institutions to— 

19 ‘‘(1) encourage students to enroll and success20 fully complete a bachelor’s degree at participating 

21 institutions; 

22 ‘‘(2) provide incentives to community college 

23 students to transfer to participating institutions 

24 through strong transfer pathways to complete a 

25 bachelor’s degree program; and 

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1 ‘‘(3) support participating institutions to better 

2 serve new and existing students by engaging in re3 forms and innovations designed to improve comple4 tion rates and other student outcomes. 

5 ‘‘(b) INSTITUTIONAL ELIGIBILITY.—To be eligible to 

6 participate and receive a grant under this section, an insti7 tution shall be a minority-serving institution that— 

8 ‘‘(1) has a student body of which not less than 

9 35 percent are low-income students; 

10 ‘‘(2) commits to maintaining or adopting and 

11 implementing promising and evidence-based institu12 tional reforms and innovative practices to improve 

13 the completion rates and other student outcomes, 

14 such as— 

15 ‘‘(A) providing comprehensive academic 

16 and student support services, including men17 toring and advising, especially for low-income, 

18 first-generation, and adult students, and other 

19 students belonging to racial and other groups 

20 that are historically underrepresented in higher 

21 education; 

22 ‘‘(B) providing direct support services such 

23 as— 

24 ‘‘(i) childcare, transportation, emer25 gency financial assistance, and mental 

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1 health and substance use disorder treat2 ment; 

3 ‘‘(ii) assistance in obtaining health in4 surance coverage; 

5 ‘‘(iii) assistance securing affordable 

6 housing; 

7 ‘‘(iv) efforts to address food insecurity 

8 and campus hunger; and 

9 ‘‘(v) efforts to facilitate student par10 ticipation in means-tested Federal benefit 

11 programs (as defined in section 479(d)); 

12 ‘‘(C) providing accelerated learning oppor13 tunities and degree pathways, such as dual en14 rollment and pathways to graduate and profes15 sional degree programs; 

16 ‘‘(D) partnering with employers, industry, 

17 not-for-profit associations, and other groups to 

18 provide opportunities to advance learning out19 side the classroom, including work-based learn20 ing opportunities such as internships or appren21 ticeships or programs designed to improve 

22 inter-cultural development and personal growth, 

23 such as foreign exchange and study abroad pro24 grams; or 

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1 ‘‘(E) strengthening remedial education, es2 pecially for low-income, first-generation, and 

3 adult students, and other students belonging to 

4 racial and other groups that are underrep5 resented in higher education, including through 

6 the use of multiple measures (such as a stu7 dent’s college entrance examination score, grade 

8 point average, high school course list, or a 

9 placement examination) to identify students in 

10 need of remedial education; 

11 ‘‘(3) sets performance goals for improving stu12 dent outcomes for the duration of the grant; and 

13 ‘‘(4) if receiving a grant for transfer students, 

14 has articulation agreements with community colleges 

15 at the national, State, or local levels to ensure that 

16 community college credits can fully transfer to the 

17 participating institution. 

18 ‘‘(c) GRANT AMOUNT.— 

19 ‘‘(1) INITIAL AMOUNT.—For the first year that 

20 an eligible institution participates in the grant pro21 gram under this section and subject to paragraph 

22 (3), such participating eligible institution shall re23 ceive a grant in an amount based on the product 

24 of— 

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1 ‘‘(A) the actual cost of tuition and fees at 

2 the eligible institution in such year (referred to 

3 in this section as the per-student rebate); and 

4 ‘‘(B) the number of eligible students en5 rolled in the eligible institution for the pre6 ceding year. 

7 ‘‘(2) SUBSEQUENT INCREASES.—For each suc8 ceeding year after the first year of the grant pro9 gram under this section, each participating eligible 

10 institution shall receive a grant in the amount deter11 mined under paragraph (1) for such year, except 

12 that in no case shall the amount of the per-student 

13 rebate increase by more than 3 percent as compared 

14 to the amount of such rebate for the preceding year. 

15 ‘‘(3) LIMITATIONS.— 

16 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

17 No eligible institution participating in the grant 

18 program under this section shall receive a per19 student rebate amount for a grant year greater 

20 than the national average of public four-year in21 stitutional tuition and fees, as determined by 

22 the Secretary. 

23 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

24 During the first year of participation in the 

25 grant program under this section, no eligible inVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 stitution may increase tuition and fees at a rate 

2 greater than any annual increase made by the 

3 institution in the previous 5 years. 

4 ‘‘(d) APPLICATION.—An eligible institution shall sub5 mit an application to the Secretary at such time, in such 

6 a manner, and containing such information as determined 

7 by the Secretary. 

8 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

9 section to a participating eligible institution shall be used 

10 to waive or significantly reduce tuition and fees for eligible 

11 students in an amount of not more than up to the annual 

12 per-student rebate amount for each student, for not more 

13 than the first 60 credits an eligible student enrolls in the 

14 participating eligible institution. 

15 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

16 available under section 499S to carry out this section shall 

17 be used to supplement, and not supplant, other Federal, 

18 State, and local funds that would otherwise be expended 

19 to carry out activities under this section. 

20 ‘‘SEC. 499R. DEFINITIONS. 

21 ‘‘In this subpart: 

22 ‘‘(1) ELIGIBLE STUDENT.— 

23 ‘‘(A) DEFINITION.—The term ‘eligible stu24 dent’ means a student, regardless of age, who— 

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1 ‘‘(i)(I) enrolls in a historically black 

2 college or university, Tribal College or Uni3 versity, or minority-serving institution; or 

4 ‘‘(II) transfers from a community col5 lege into a historically black college or uni6 versity, Tribal College or University, or mi7 nority-serving institution; 

8 ‘‘(ii) attends the historically black col9 lege or university, Tribal College or Uni10 versity, or minority-serving institution, on 

11 at least a half-time basis; 

12 ‘‘(iii) maintains satisfactory academic 

13 progress; and 

14 ‘‘(iv) is a low-income student. 

15 ‘‘(B) SPECIAL RULES.— 

16 ‘‘(i) FIRST 3 YEARS.—An otherwise el17 igible student shall lose eligibility 3 cal18 endar years after first receiving benefits 

19 under this title. 

20 ‘‘(ii) SPECIAL RULE FOR CERTAIN

21 STUDENTS.—Notwithstanding subpara22 graph (A)(i), an otherwise eligible student 

23 whose parent or guardian was denied a 

24 Federal Direct PLUS loan under part D 

25 after November 1, 2011, and before March 

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1 29, 2015, and who subsequently withdrew 

2 from a historically black college or univer3 sity, Tribal College or University, or mi4 nority-serving institution, and has not yet 

5 completed a program of study at such his6 torically black college or university or mi7 nority-serving institution, shall be eligible 

8 to participate under sections 499O, 499P, 

9 or 499Q in order to complete such pro10 gram of study, subject to all other require11 ments of sections 499O, 499P, or 499Q 

12 (as the case may be). 

13 ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI14 VERSITY.—The term ‘historically black college or 

15 university’ means a part B institution described in 

16 section 322(2). 

17 ‘‘(3) LOW-INCOME STUDENT.—The term ‘low18 income student’— 

19 ‘‘(A) shall include any student eligible for 

20 a Federal Pell Grant under section 401; and 

21 ‘‘(B) may include a student ineligible for a 

22 Federal Pell Grant under section 401 who is 

23 determined by the institution to be a low-in24 come student based on an analysis of the stuVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 dent’s ability to afford the cost of attendance at 

2 the institution. 

3 ‘‘(4) MINORITY-SERVING INSTITUTION.—The 

4 term ‘minority-serving institution’ means any public 

5 or not-for-profit institution of higher education— 

6 ‘‘(A) described in paragraph (2) and para7 graphs (4) through (7) of section 371(a); and 

8 ‘‘(B) designated as a minority-serving in9 stitution by the Secretary. 

10 ‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The 

11 term ‘Tribal College or University’ has the meaning 

12 given the term in section 316. 

13 ‘‘SEC. 499S. APPROPRIATIONS. 

14 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS FOR

15 HBCU, TCU, AND MSI GRANTS.—For the purpose of 

16 carrying out sections 499O, 499P, and 499Q there are 

17 authorized to be appropriated, and there are appro18 priated— 

19 ‘‘(1) $63,250,000 for fiscal year 2021; 

20 ‘‘(2) $206,990,000 for fiscal year 2022; 

21 ‘‘(3) $1,232,760,000 for fiscal year 2023; 

22 ‘‘(4) $1,282,210,000 for fiscal year 2024; 

23 ‘‘(5) $1,333,950,000 for fiscal year 2025; 

24 ‘‘(6) $1,386,850,000 for fiscal year 2026; 

25 ‘‘(7) $1,408,700,000 for fiscal year 2027; 

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1 ‘‘(8) $1,501,850,000 for fiscal year 2028; 

2 ‘‘(9) $1,562,800,000 for fiscal year 2029; and 

3 ‘‘(10) $1,626,040,000 for fiscal year 2030 and 

4 each succeeding fiscal year. 

5 ‘‘(b) AVAILABILITY.—Funds appropriated under sub6 section (a) are to remain available to the Secretary until 

7 expended. 

8 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro9 priated under subsection (a) for a fiscal year is not suffi10 cient to award each participating institution in the grant 

11 programs under sections 499O, 499P, and 499Q a grant 

12 under this part equal to 100 percent of the grant amount 

13 determined under section 499O(c), 499P(c), or 499Q(c), 

14 as appropriate, the Secretary may ratably reduce the 

15 amount of each such grant or take other actions necessary 

16 to ensure an equitable distribution of such amount.’’. 

17 SEC. 4804. UNMET NEED FOR FEDERAL PELL GRANT RE18 CIPIENTS. 

19 Part I of title IV of the Higher Education Act of 

20 1965 (20 U.S.C. 1070 et seq.), as added by section 4801, 

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

22 ‘‘Subpart 4—Additional College Affordability Grants 

23 ‘‘SEC. 499T. UNMET NEED FOR FEDERAL PELL GRANT RE24 CIPIENTS. 

25 ‘‘(a) IN GENERAL.— 

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1 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

2 (2), from amounts appropriated under subsection (f) 

3 for any fiscal year, the Secretary may award grants 

4 to eligible States and Indian tribes described in 

5 paragraph (3) to pay the Federal share of expendi6 tures needed to carry out the activities and services 

7 described in subsection (d). 

8 ‘‘(2) LIMITATION.—The Secretary may not 

9 make grants under paragraph (1) in fiscal year un10 less all grants eligible to be made under subpart 1 

11 have been made for such fiscal year. 

12 ‘‘(3) ELIGIBILITY.—A State or Indian tribe 

13 may only be eligible for a grant under this section 

14 in a fiscal year if such State or Indian tribe received 

15 a grant under subpart 1 for such fiscal year. 

16 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

17 ‘‘(1) FEDERAL SHARE.— 

18 ‘‘(A) FORMULA.—Subject to paragraph 

19 (2), the Federal share of a grant under this 

20 section shall be based on a formula, determined 

21 by the Secretary, that— 

22 ‘‘(i) accounts for the State or Indian 

23 tribe’s share of Pell Grant recipients; 

24 ‘‘(ii) provides, for each Pell Grant re25 cipient in the State or Indian tribe, a perVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
923 

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1 student amount that is at least 75 percent 

2 of— 

3 ‘‘(I) for the first award year for 

4 which grants are made under this sec5 tion, the average unmet need of Pell 

6 Grant recipients in all States for the 

7 most recent year for which data are 

8 available; and 

9 ‘‘(II) for each subsequent award 

10 year, the amount determined under 

11 this subparagraph for the preceding 

12 award year, increased by the lesser 

13 of— 

14 ‘‘(aa) a percentage equal to 

15 the estimated percentage increase 

16 in the Consumer Price Index (as 

17 determined by the Secretary) 

18 since the date of such determina19 tion; or 

20 ‘‘(bb) 3 percent. 

21 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

22 TRIBES.—In any case in which not less than 75 

23 percent of the students at the institutions of 

24 higher education operated or controlled by an 

25 Indian tribe are low-income students, the 

924 

•HR 4674 IH

1 amount of the Federal share for such Indian 

2 tribe shall be not less than 95 percent of the 

3 total amount needed to waive tuition and fees 

4 for all Pell Grant recipients enrolled in such in5 stitutions of higher education. 

6 ‘‘(2) STATE OR TRIBAL SHARE.— 

7 ‘‘(A) FORMULA.— 

8 ‘‘(i) IN GENERAL.—The State or trib9 al share of a grant under this section for 

10 each fiscal year shall be the amount needed 

11 to pay 25 percent of the average unmet 

12 need of Pell Grant recipients in all States 

13 in the first award year for which grants 

14 are made under this section for all Pell 

15 Grant recipients in the State or Indian 

16 tribe, respectively, for such fiscal year, ex17 cept as provided in clause (ii). 

18 ‘‘(ii) EXCEPTION FOR CERTAIN IN19 DIAN TRIBES.—In the case of an Indian 

20 tribe described in paragraph (1)(B), the 

21 amount of such Indian tribe’s tribal share 

22 shall not exceed 5 percent of the total 

23 amount needed to pay the average unmet 

24 need for all Pell Grant recipients enrolled 

925 

•HR 4674 IH

1 in the institutions of higher education de2 scribed in such paragraph. 

3 ‘‘(B) NEED-BASED AID.—A State or In4 dian tribe may include, as part of the State or 

5 tribal share, any need-based financial aid 

6 that— 

7 ‘‘(i) is provided from State or tribal 

8 funds to a Pell Grant recipient; and 

9 ‘‘(ii) may be used by such student to 

10 pay costs of attendance other than tuition 

11 and fees. 

12 ‘‘(3) DETERMINING NUMBER OF PELL GRANT

13 RECIPIENTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 develop and implement a process for accurately 

16 estimating the number of Pell Grant recipients 

17 in a State or Indian tribe for purposes of para18 graphs (1) and (2). 

19 ‘‘(B) INITIAL DETERMINATION.—For the 

20 first year for which grants are awarded under 

21 this section, the number of Pell Grant recipi22 ents in a State or Indian tribe shall be consid23 ered to be equal to the number of Pell Grant 

24 recipients that were in the State or tribe for the 

25 preceding school year. 

926 

•HR 4674 IH

1 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

2 later than 180 days after the date on which a State 

3 or Indian tribe receives a grant under this section, 

4 the Secretary shall— 

5 ‘‘(A) in consultation with the State or tribe 

6 concerned, determine whether the actual num7 ber of Pell Grant recipients in the State or 

8 Tribe for the year covered by the grant is great9 er than the estimated number of such students 

10 that was used to determine the amount of the 

11 grant; and 

12 ‘‘(B) if it is determined under paragraph 

13 (1) that the actual number of Pell Grant recipi14 ents in the State or Tribe is higher than such 

15 estimate, issue a supplementary grant payment 

16 to the State or tribe in an amount that ensures 

17 that the total amount of the grant funds re18 ceived by the State or tribe under this section 

19 for the year covered by the grant accurately re20 flects the higher number of Pell Grant recipi21 ents. 

22 ‘‘(c) APPLICATIONS.—In order to receive a grant 

23 under this section, a State or tribe shall submit an appli24 cation to the Secretary at such time, in such manner, and 

25 containing such information as the Secretary may require. 

927 

•HR 4674 IH

1 ‘‘(d) ALLOWABLE USES OF FUNDS.— 

2 ‘‘(1) IN GENERAL.—A State or Indian tribe 

3 shall use a grant under this section only to provide 

4 to each Pell Grant recipient a grant that equals the 

5 unmet need of such recipient. 

6 ‘‘(2) ANNUAL REPORT.—A State or Indian 

7 tribe receiving a grant under this section shall sub8 mit an annual report to the Secretary describing the 

9 uses of grant funds under this section, the progress 

10 made in fulfilling the requirements of the grant, and 

11 rates of transfer, graduation, and attainment of rec12 ognized postsecondary credentials at institutions of 

13 higher education in the State or Indian tribe, includ14 ing such rates disaggregated by race, income, and 

15 age, and including any other information as the Sec16 retary may require. 

17 ‘‘(3) REPORTING BY THE SECRETARY.—The 

18 Secretary annually shall— 

19 ‘‘(A) compile and analyze the information 

20 described in paragraph (2); and 

21 ‘‘(B) prepare and submit a report to the 

22 Committee on Health, Education, Labor, and 

23 Pensions of the Senate and the Committee on 

24 Education and Labor of the House of Rep25 resentatives containing the analysis described in 

928 

•HR 4674 IH

1 subparagraph (A) and an identification of State 

2 and Indian tribe best practices for achieving the 

3 purpose of this section. 

4 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

5 shall provide technical assistance to eligible States 

6 and Indian tribes concerning best practices regard7 ing the promising and evidence-based institutional 

8 reforms and innovative practices to improve student 

9 outcomes and shall disseminate such best practices 

10 among the States and Indian tribes. 

11 ‘‘(5) CONTINUATION OF FUNDING.— 

12 ‘‘(A) IN GENERAL.—A State or Indian 

13 tribe receiving a grant under this section for a 

14 fiscal year may continue to receive funding 

15 under this section for future fiscal years condi16 tioned on the availability of budget authority 

17 and on meeting the requirements of the grant, 

18 as determined by the Secretary. 

19 ‘‘(B) DISCONTINUATION.—The Secretary 

20 may discontinue funding of the Federal share of 

21 a grant under this section if the State or Indian 

22 tribe has violated the terms of the grant. 

23 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds 

24 made available under this section shall be used to 

25 supplement, and not supplant, other Federal, State, 

929 

•HR 4674 IH

1 and local funds that would otherwise be expended to 

2 carry out activities under this section. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ 

5 has the meaning given the term in section 102 of the 

6 Federally Recognized Indian Tribe List Act of 1994 

7 (25 U.S.C. 479a). 

8 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— 

9 The term ‘institution of higher education’ has the 

10 meaning given the term in section 101. 

11 ‘‘(3) PELL GRANT RECIPIENT.— 

12 ‘‘(A) DEFINITION.—The term ‘Pell Grant 

13 recipient’ means a student who— 

14 ‘‘(i) attends a public institution of 

15 higher education on not less than a half16 time basis; 

17 ‘‘(ii) is a recipient of a Federal Pell 

18 Grant under subpart 1 of part A of title 

19 IV of this Act; 

20 ‘‘(iii) is maintaining satisfactory 

21 progress (as defined in section 484(c)) in 

22 the student’s course of study; 

23 ‘‘(iv) is enrolled in an eligible program 

24 (as defined in section 481(b)); and 

25 ‘‘(v) either— 

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•HR 4674 IH

1 ‘‘(I) qualifies for in-State resi2 dent institution of higher education 

3 tuition, as determined by the State or 

4 Indian tribe; or 

5 ‘‘(II) would qualify for such in6 State tuition, but for the immigration 

7 status of such student. 

8 ‘‘(B) SPECIAL RULE.—An otherwise Pell 

9 Grant recipient shall lose eligibility under this 

10 section— 

11 ‘‘(i) after 3 years of receiving benefits 

12 under this section for enrollment at a com13 munity college (as defined in section 

14 499F); and 

15 ‘‘(ii) after 6 years of receiving benefits 

16 under this section for enrollment in a 4- 

17 year institution of higher education. 

18 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN19 TIAL.—The term ‘recognized postsecondary creden20 tial’ has the meaning as described in section 3 of the 

21 Workforce Innovation and Opportunity Act (29 

22 U.S.C. 3102). 

23 ‘‘(5) STATE.—The term ‘State’ has the mean24 ing given the term in section 103. 

931 

•HR 4674 IH

1 ‘‘(6) UNMET NEED.—The term ‘unmet need’ 

2 means, with respect to a Pell Grant recipient, the 

3 amount determined by calculating the difference be4 tween— 

5 ‘‘(A) the institution’s cost of attendance 

6 (as defined in section 472) for the year for 

7 which the determination is made; and 

8 ‘‘(B) the sum of— 

9 ‘‘(i) the total amount of need-based 

10 grant aid and merit-based grant aid, from 

11 Federal, State, and institutional sources, 

12 provided to such Pell Grant recipient for 

13 the year for which the determination is 

14 made; and 

15 ‘‘(ii) the expected family contribution 

16 for such Pell Grant recipient for the year 

17 for which the determination is made. 

18 ‘‘(f) APPROPRIATIONS.— 

19 ‘‘(1) AUTHORIZATION AND APPROPRIATIONS.— 

20 For the purpose of making grants under this section 

21 there are authorized to be appropriated such sums 

22 as may be necessary to carry out this section for fis23 cal year 2021 and each succeeding fiscal year. 

932 

•HR 4674 IH

1 ‘‘(2) AVAILABILITY.—Funds appropriated 

2 under paragraph (1) shall remain available to the 

3 Secretary until expended. 

4 ‘‘(3) INSUFFICIENT FUNDS.—If the amount ap5 propriated under paragraph (1) for a fiscal year is 

6 not sufficient to award each participating State and 

7 Indian tribe a grant under this section that is equal 

8 to the minimum amount of the Federal share de9 scribed in subsection (b), the Secretary may ratably 

10 reduce the amount of each such grant or take other 

11 actions necessary to ensure an equitable distribution 

12 of such amount. 

13 ‘‘(4) TRANSFER AVAILABILITY.—The Secretary 

14 is authorized, subject to the availability of appro15 priations, to transfer amounts authorized to be ap16 propriated to carry out subpart 1 for a fiscal year 

17 to make grants under this section if all grants eligi18 ble to be made under such subpart have been made 

19 for such fiscal year.’’. 

20 SEC. 4805. UNMET NEED FOR STUDENTS. 

21 Subpart 4 of part I of title IV of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1070 et seq.), as added 

23 by section 4804, is further amended by adding at the end 

24 the following: 

933 

•HR 4674 IH

1 ‘‘SEC. 499U. UNMET NEED FOR STUDENTS. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

4 (2), from amounts appropriated under subsection (f) 

5 for any fiscal year, the Secretary may award grants 

6 to eligible States and Indian tribes described in 

7 paragraph (3) to pay the Federal share of expendi8 tures needed to carry out the activities and services 

9 described in subsection (d). 

10 ‘‘(2) LIMITATION.—The Secretary may not 

11 make grants under paragraph (1) in fiscal year un12 less— 

13 ‘‘(A) all grants eligible to be made under 

14 subpart 1 have been made for such fiscal year; 

15 and 

16 ‘‘(B) all grants eligible to be made under 

17 section 499T have been made for such fiscal 

18 year. 

19 ‘‘(3) ELIGIBILITY.—A State or Indian tribe 

20 may only be eligible for a grant under this section 

21 in a fiscal year if such State or Indian tribe re22 ceived— 

23 ‘‘(A) a grant under subpart 1 for such fis24 cal year; and 

25 ‘‘(B) a grant under 499T for such fiscal 

26 year. 

934 

•HR 4674 IH

1 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

2 ‘‘(1) FEDERAL SHARE.— 

3 ‘‘(A) FORMULA.—Subject to paragraph 

4 (2), the Federal share of a grant under this 

5 section shall be based on a formula, determined 

6 by the Secretary, that— 

7 ‘‘(i) accounts for the State or Indian 

8 tribe’s share of eligible students; 

9 ‘‘(ii) provides, for each eligible student 

10 in the State or Indian tribe, a per-student 

11 amount that is at least 75 percent of— 

12 ‘‘(I) for the first award year for 

13 which grants are made under this sec14 tion, the average unmet need of eligi15 ble students in all States for the most 

16 recent year for which data are avail17 able; and 

18 ‘‘(II) for each subsequent award 

19 year, the amount determined under 

20 this subparagraph for the preceding 

21 award year, increased by the lesser 

22 of— 

23 ‘‘(aa) a percentage equal to 

24 the estimated percentage increase 

25 in the Consumer Price Index (as 

935 

•HR 4674 IH

1 determined by the Secretary) 

2 since the date of such determina3 tion; or 

4 ‘‘(bb) 3 percent. 

5 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

6 TRIBES.—In any case in which not less than 75 

7 percent of the students at the institutions of 

8 higher education operated or controlled by an 

9 Indian tribe are low-income students, the 

10 amount of the Federal share for such Indian 

11 tribe shall be not less than 95 percent of the 

12 total amount needed to waive tuition and fees 

13 for all eligible students enrolled in such institu14 tions of higher education. 

15 ‘‘(2) STATE OR TRIBAL SHARE.— 

16 ‘‘(A) FORMULA.— 

17 ‘‘(i) IN GENERAL.—The State or trib18 al share of a grant under this section for 

19 each fiscal year shall be the amount needed 

20 to pay 25 percent of the average unmet 

21 need of eligible students in all States in 

22 the first award year for which grants are 

23 made under this section for all eligible stu24 dents in the State or Indian tribe, respecVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
936 

•HR 4674 IH

1 tively, for such fiscal year, except as pro2 vided in clause (ii). 

3 ‘‘(ii) EXCEPTION FOR CERTAIN IN4 DIAN TRIBES.—In the case of an Indian 

5 tribe described in paragraph (1)(B), the 

6 amount of such Indian tribe’s tribal share 

7 shall not exceed 5 percent of the total 

8 amount needed to pay the average unmet 

9 need for all eligible students enrolled in the 

10 institutions of higher education described 

11 in such subparagraph. 

12 ‘‘(B) NEED-BASED AID.—A State or In13 dian tribe may include, as part of the State or 

14 tribal share, any need-based financial aid 

15 that— 

16 ‘‘(i) is provided from State or tribal 

17 funds to an eligible student; and 

18 ‘‘(ii) may be used by such student to 

19 pay costs of attendance other than tuition 

20 and fees. 

21 ‘‘(3) DETERMINING NUMBER OF ELIGIBLE STU22 DENTS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 develop and implement a process for accurately 

25 estimating the number of eligible students in a 

937 

•HR 4674 IH

1 State or Indian tribe for purposes of para2 graphs (1) and (2). 

3 ‘‘(B) INITIAL DETERMINATION.—For the 

4 first year for which grants are awarded under 

5 this section, the number of eligible students in 

6 a State or Indian tribe shall be considered to be 

7 equal to the number of eligible students that 

8 were in the State or tribe for the preceding 

9 school year. 

10 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

11 later than 180 days after the date on which a State 

12 or Indian tribe receives a grant under this section, 

13 the Secretary shall— 

14 ‘‘(A) in consultation with the State or tribe 

15 concerned, determine whether the actual num16 ber of eligible students in the State or Tribe for 

17 the year covered by the grant is greater than 

18 the estimated number of such students that was 

19 used to determine the amount of the grant; and 

20 ‘‘(B) if it is determined under paragraph 

21 (1) that the actual number of eligible students 

22 in the State or Tribe is higher than such esti23 mate, issue a supplementary grant payment to 

24 the State or tribe in an amount that ensures 

25 that the total amount of the grant funds reVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
938 

•HR 4674 IH

1 ceived by the State or tribe under this section 

2 for the year covered by the grant accurately re3 flects the higher number of eligible students. 

4 ‘‘(c) APPLICATIONS.—In order to receive a grant 

5 under this section, a State or tribe shall submit an appli6 cation to the Secretary at such time, in such manner, and 

7 containing such information as the Secretary may require. 

8 ‘‘(d) ALLOWABLE USES OF FUNDS.— 

9 ‘‘(1) IN GENERAL.—A State or Indian tribe 

10 shall use a grant under this section only to provide 

11 to each eligible student a grant that equals the 

12 unmet need of such recipient. 

13 ‘‘(2) ANNUAL REPORT.—A State or Indian 

14 tribe receiving a grant under this section shall sub15 mit an annual report to the Secretary describing the 

16 uses of grant funds under this section, the progress 

17 made in fulfilling the requirements of the grant, and 

18 rates of transfer, graduation, and attainment of rec19 ognized postsecondary credentials at institutions of 

20 higher education in the State or Indian tribe, includ21 ing such rates disaggregated by race, income, and 

22 age, and including any other information as the Sec23 retary may require. 

24 ‘‘(3) REPORTING BY THE SECRETARY.—The 

25 Secretary annually shall— 

939 

•HR 4674 IH

1 ‘‘(A) compile and analyze the information 

2 described in paragraph (2); and 

3 ‘‘(B) prepare and submit a report to the 

4 Committee on Health, Education, Labor, and 

5 Pensions of the Senate and the Committee on 

6 Education and Labor of the House of Rep7 resentatives containing the analysis described in 

8 subparagraph (A) and an identification of State 

9 and Indian tribe best practices for achieving the 

10 purpose of this section. 

11 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

12 shall provide technical assistance to eligible States 

13 and Indian tribes concerning best practices regard14 ing the promising and evidence-based institutional 

15 reforms and innovative practices to improve student 

16 outcomes and shall disseminate such best practices 

17 among the States and Indian tribes. 

18 ‘‘(5) CONTINUATION OF FUNDING.— 

19 ‘‘(A) IN GENERAL.—A State or Indian 

20 tribe receiving a grant under this section for a 

21 fiscal year may continue to receive funding 

22 under this section for future fiscal years condi23 tioned on the availability of budget authority 

24 and on meeting the requirements of the grant, 

25 as determined by the Secretary. 

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1 ‘‘(B) DISCONTINUATION.—The Secretary 

2 may discontinue funding of the Federal share of 

3 a grant under this section if the State or Indian 

4 tribe has violated the terms of the grant. 

5 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds 

6 made available under this section shall be used to 

7 supplement, and not supplant, other Federal, State, 

8 and local funds that would otherwise be expended to 

9 carry out activities under this section. 

10 ‘‘(e) DEFINITIONS.—In this section: 

11 ‘‘(1) ELIGIBLE STUDENT.— 

12 ‘‘(A) DEFINITION.—The term ‘eligible stu13 dent’ means a student who— 

14 ‘‘(i) attends a public institution of 

15 higher education on not less than a half16 time basis; 

17 ‘‘(ii) is not a recipient of a Federal 

18 Pell Grant under subpart 1 of part A of 

19 title IV of this Act; 

20 ‘‘(iii) is maintaining satisfactory 

21 progress (as defined in section 484(c)) in 

22 the student’s course of study; 

23 ‘‘(iv) is enrolled in an eligible program 

24 (as defined in section 481(b)); and 

25 ‘‘(v) either— 

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1 ‘‘(I) qualifies for in-State resi2 dent institution of higher education 

3 tuition, as determined by the State or 

4 Indian tribe; or 

5 ‘‘(II) would qualify for such in6 State tuition, but for the immigration 

7 status of such student. 

8 ‘‘(B) SPECIAL RULE.—An otherwise eligi9 ble student shall lose eligibility under this sec10 tion— 

11 ‘‘(i) after 3 years of receiving benefits 

12 under this section for enrollment at a com13 munity college (as defined in section 

14 499F); and 

15 ‘‘(ii) after 6 years of receiving benefits 

16 under this section for enrollment in a 4- 

17 year institution of higher education. 

18 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

19 has the meaning given the term in section 102 of the 

20 Federally Recognized Indian Tribe List Act of 1994 

21 (25 U.S.C. 479a). 

22 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘institution of higher education’ has the 

24 meaning given the term in section 101. 

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1 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN2 TIAL.—The term ‘recognized postsecondary creden3 tial’ has the meaning as described in section 3 of the 

4 Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3102). 

6 ‘‘(5) STATE.—The term ‘State’ has the mean7 ing given the term in section 103. 

8 ‘‘(6) UNMET NEED.—The term ‘unmet need’ 

9 means, with respect to an eligible student, the 

10 amount determined by calculating the difference be11 tween— 

12 ‘‘(A) the institution’s cost of attendance 

13 (as defined in section 472) for the year for 

14 which the determination is made; and 

15 ‘‘(B) the sum of— 

16 ‘‘(i) the total amount of need-based 

17 grant aid and merit-based grant aid, from 

18 Federal, State, and institutional sources, 

19 provided to such eligible student for the 

20 year for which the determination is made; 

21 and 

22 ‘‘(ii) the expected family contribution 

23 for such eligible student for the year for 

24 which the determination is made. 

25 ‘‘(f) APPROPRIATIONS.— 

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1 ‘‘(1) AUTHORIZATION AND APPROPRIATIONS.— 

2 For the purpose of making grants under this section 

3 there are authorized to be appropriated such sums 

4 as may be necessary to carry out this section for fis5 cal year 2021 and each succeeding fiscal year. 

6 ‘‘(2) AVAILABILITY.—Funds appropriated 

7 under paragraph (1) shall remain available to the 

8 Secretary until expended. 

9 ‘‘(3) INSUFFICIENT FUNDS.—If the amount ap10 propriated under paragraph (1) for a fiscal year is 

11 not sufficient to award each participating State and 

12 Indian tribe a grant under this section that is equal 

13 to the minimum amount of the Federal share de14 scribed in subsection (b), the Secretary may ratably 

15 reduce the amount of each such grant or take other 

16 actions necessary to ensure an equitable distribution 

17 of such amount. 

18 ‘‘(4) TRANSFER AVAILABILITY.—The Secretary 

19 is authorized, subject to the availability of appro20 priations, to transfer amounts authorized to be ap21 propriated to carry out subpart 1 or to carry out 

22 section 499T for a fiscal year to make grants under 

23 this section if— 

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1 ‘‘(A) all grants eligible to be made under 

2 such subpart have been made for such fiscal 

3 year; and 

4 ‘‘(B) all grants eligible to be made under 

5 such section have been made for such fiscal 

6 year.’’. 

7 SEC. 4806. TUITION WAIVERS. 

8 Subpart 4 of part I of title IV of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1070 et seq.), as added 

10 by section 4804, is further amended by adding at the end 

11 the following: 

12 ‘‘SEC. 499V. TUITION WAIVERS. 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

15 (2), from amounts appropriated under subsection (g) 

16 for any fiscal year, the Secretary may award grants 

17 to eligible States and Indian tribes to pay the Fed18 eral share of expenditures needed to carry out the 

19 activities and services described in subsection (d). 

20 ‘‘(2) LIMITATION.—The Secretary may not 

21 make grants under paragraph (1) in fiscal year un22 less— 

23 ‘‘(A) all grants eligible to be made under 

24 subpart 1 have been made for such fiscal year; 

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1 ‘‘(B) all grants eligible to be made under 

2 499T have been made for such fiscal year; and 

3 ‘‘(C) all grants eligible to be made under 

4 499U have been made for such fiscal year. 

5 ‘‘(3) ELIGIBILITY.—A State or Indian tribe 

6 may only be eligible for a grant under this section 

7 in a fiscal year if such State or Indian tribe re8 ceived— 

9 ‘‘(A) a grant under subpart 1 for such fis10 cal year; 

11 ‘‘(B) a grant under section 499T for such 

12 fiscal year; and 

13 ‘‘(C) a grant under 499U for such fiscal 

14 year. 

15 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

16 ‘‘(1) FEDERAL SHARE.— 

17 ‘‘(A) FORMULA.—Subject to paragraph 

18 (2), the Federal share of a grant under this 

19 section shall be based on a formula, determined 

20 by the Secretary, that— 

21 ‘‘(i) accounts for the State or Indian 

22 tribe’s share of eligible students; 

23 ‘‘(ii) provides, for each eligible student 

24 in the State or Indian tribe, a per-student 

25 amount that is at least 75 percent of— 

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1 ‘‘(I) for the first award year for 

2 which grants are made under this sec3 tion, the average resident public 4- 

4 year institutions of higher education 

5 tuition and fees per student in all 

6 States for the most recent year for 

7 which data are available; and 

8 ‘‘(II) for each subsequent award 

9 year, the amount determined under 

10 this subparagraph for the preceding 

11 award year, increased by the lesser 

12 of— 

13 ‘‘(aa) a percentage equal to 

14 the estimated percentage increase 

15 in the Consumer Price Index (as 

16 determined by the Secretary) 

17 since the date of such determina18 tion; or 

19 ‘‘(bb) 3 percent. 

20 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

21 TRIBES.—In any case in which not less than 75 

22 percent of the students at the institutions of 

23 higher education operated or controlled by an 

24 Indian tribe are low-income students, the 

25 amount of the Federal share for such Indian 

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1 tribe shall be not less than 95 percent of the 

2 total amount needed to waive tuition and fees 

3 for all eligible students enrolled in such institu4 tions of higher education. 

5 ‘‘(2) STATE OR TRIBAL SHARE.— 

6 ‘‘(A) FORMULA.— 

7 ‘‘(i) IN GENERAL.—The State or trib8 al share of a grant under this section for 

9 each fiscal year shall be the amount needed 

10 to pay 25 percent of the average resident 

11 public 4-year institutions of higher edu12 cation tuition and fees for eligible students 

13 in all States in first award year for which 

14 grants are made under this section for all 

15 eligible students in the State or Indian 

16 tribe, respectively, for such fiscal year, ex17 cept as provided in clause (ii). 

18 ‘‘(ii) EXCEPTION FOR CERTAIN IN19 DIAN TRIBES.—In the case of an Indian 

20 tribe described in paragraph (1)(B), the 

21 amount of such Indian tribe’s tribal share 

22 shall not exceed 5 percent of the total 

23 amount needed to waive tuition and fees 

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1 stitutions of higher education described in 

2 such paragraph. 

3 ‘‘(B) NEED-BASED AID.—A State or In4 dian tribe may include, as part of the State or 

5 tribal share, any need-based financial aid 

6 that— 

7 ‘‘(i) is provided from State or tribal 

8 funds to an eligible student; and 

9 ‘‘(ii) may be used by such student to 

10 pay costs of attendance other than tuition 

11 and fees. 

12 ‘‘(3) DETERMINING NUMBER OF ELIGIBLE STU13 DENTS.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall 

15 develop and implement a process for accurately 

16 estimating the number of eligible students in a 

17 State or Indian tribe for purposes of para18 graphs (1) and (2). 

19 ‘‘(B) INITIAL DETERMINATION.—For the 

20 first year for which grants are awarded under 

21 this section, the number of eligible students in 

22 a State or Indian tribe shall be considered to be 

23 equal to the number of eligible students that 

24 were in the State or tribe for the preceding 

25 school year. 

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1 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

2 later than 180 days after the date on which a State 

3 or Indian tribe receives a grant under this section, 

4 the Secretary shall— 

5 ‘‘(A) in consultation with the State or tribe 

6 concerned, determine whether the actual num7 ber of eligible students in the State or Tribe for 

8 the year covered by the grant is greater than 

9 the estimated number of such students that was 

10 used to determine the amount of the grant; and 

11 ‘‘(B) if it is determined under paragraph 

12 (1) that the actual number of eligible students 

13 in the State or Tribe is higher than such esti14 mate, issue a supplementary grant payment to 

15 the State or tribe in an amount that ensures 

16 that the total amount of the grant funds re17 ceived by the State or tribe under this section 

18 for the year covered by the grant accurately re19 flects the higher number of eligible students. 

20 ‘‘(c) APPLICATIONS.—In order to receive a grant 

21 under this section, a State or tribe shall submit an appli22 cation to the Secretary at such time, in such manner, and 

23 containing such information as the Secretary may require. 

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1 ‘‘(d) GENERAL REQUIREMENTS.—As a condition of 

2 receiving a grant under this subpart a State or Indian 

3 tribe shall meet the following requirements: 

4 ‘‘(1) For each year of the grant the total 

5 amount of public 4-year institution of higher edu6 cation resident tuition and fees charged to an eligi7 ble student in the State or Indian tribe shall be $0. 

8 ‘‘(2) For each year of the grant no amount of 

9 financial assistance for which an eligible student 

10 qualifies may be applied to such tuition or fees. 

11 ‘‘(e) ALLOWABLE USES OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—A State or Indian tribe 

13 shall use a grant under this section only to provide 

14 funds to participating public 4-year institutions to 

15 enable such public 4-year institutions to waive resi16 dent tuition and fees for eligible students as required 

17 under subsection (d). 

18 ‘‘(2) ANNUAL REPORT.—A State or Indian 

19 tribe receiving a grant under this section shall sub20 mit an annual report to the Secretary describing the 

21 uses of grant funds under this section, the progress 

22 made in fulfilling the requirements of the grant, and 

23 rates of transfer, graduation, and attainment of rec24 ognized postsecondary credentials at institutions of 

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1 ing such rates disaggregated by race, income, and 

2 age, and including any other information as the Sec3 retary may require. 

4 ‘‘(3) REPORTING BY THE SECRETARY.—The 

5 Secretary annually shall— 

6 ‘‘(A) compile and analyze the information 

7 described in paragraph (2); and 

8 ‘‘(B) prepare and submit a report to the 

9 Committee on Health, Education, Labor, and 

10 Pensions of the Senate and the Committee on 

11 Education and Labor of the House of Rep12 resentatives containing the analysis described in 

13 subparagraph (A) and an identification of State 

14 and Indian tribe best practices for achieving the 

15 purpose of this section. 

16 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

17 shall provide technical assistance to eligible States 

18 and Indian tribes concerning best practices regard19 ing the promising and evidence-based institutional 

20 reforms and innovative practices to improve student 

21 outcomes and shall disseminate such best practices 

22 among the States and Indian tribes. 

23 ‘‘(5) CONTINUATION OF FUNDING.— 

24 ‘‘(A) IN GENERAL.—A State or Indian 

25 tribe receiving a grant under this section for a 

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1 fiscal year may continue to receive funding 

2 under this section for future fiscal years condi3 tioned on the availability of budget authority 

4 and on meeting the requirements of the grant, 

5 as determined by the Secretary. 

6 ‘‘(B) DISCONTINUATION.—The Secretary 

7 may discontinue funding of the Federal share of 

8 a grant under this section if the State or Indian 

9 tribe has violated the terms of the grant. 

10 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds 

11 made available under this section shall be used to 

12 supplement, and not supplant, other Federal, State, 

13 and local funds that would otherwise be expended to 

14 carry out activities under this section. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) ELIGIBLE STUDENT.— 

17 ‘‘(A) DEFINITION.—The term ‘eligible stu18 dent’ means a student who— 

19 ‘‘(i) attends a public institution of 

20 higher education on not less than a half21 time basis; 

22 ‘‘(ii) is maintaining satisfactory 

23 progress (as defined in section 484(c)) in 

24 the student’s course of study; 

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1 ‘‘(iii) is enrolled in an eligible pro2 gram (as defined in section 481(b)); and 

3 ‘‘(iv) either— 

4 ‘‘(I) qualifies for in-State resi5 dent institution of higher education 

6 tuition, as determined by the State or 

7 Indian tribe; or 

8 ‘‘(II) would qualify for such in9 State tuition, but for the immigration 

10 status of such student. 

11 ‘‘(B) SPECIAL RULE.—An otherwise eligi12 ble student shall lose eligibility under this sec13 tion after 6 years of receiving benefits under 

14 this section. 

15 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

16 has the meaning given the term in section 102 of the 

17 Federally Recognized Indian Tribe List Act of 1994 

18 (25 U.S.C. 479a). 

19 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

20 The term ‘institution of higher education’ has the 

21 meaning given the term in section 101. 

22 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN23 TIAL.—The term ‘recognized postsecondary creden24 tial’ has the meaning as described in section 3 of the 

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1 Workforce Innovation and Opportunity Act (29 

2 U.S.C. 3102). 

3 ‘‘(5) STATE.—The term ‘State’ has the mean4 ing given the term in section 103. 

5 ‘‘(g) APPROPRIATIONS.— 

6 ‘‘(1) AUTHORIZATION AND APPROPRIATIONS.— 

7 For the purpose of making grants under this section 

8 there are authorized to be appropriated such sums 

9 as may be necessary to carry out this section for fis10 cal year 2021 and each succeeding fiscal year. 

11 ‘‘(2) AVAILABILITY.—Funds appropriated 

12 under paragraph (1) shall remain available to the 

13 Secretary until expended. 

14 ‘‘(3) INSUFFICIENT FUNDS.—If the amount ap15 propriated under paragraph (1) for a fiscal year is 

16 not sufficient to award each participating State and 

17 Indian tribe a grant under this section that is equal 

18 to the minimum amount of the Federal share de19 scribed in subsection (b), the Secretary may ratably 

20 reduce the amount of each such grant or take other 

21 actions necessary to ensure an equitable distribution 

22 of such amount. 

23 ‘‘(4) TRANSFER AVAILABILITY.—The Secretary 

24 is authorized, subject to the availability of appro25 priations, to transfer amounts authorized to be apVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 propriated to carry out subpart 1, to carry out 

2 499T, and to carry out 499U for a fiscal year to 

3 make grants under this section if— 

4 ‘‘(A) all grants eligible to be made under 

5 such subpart have been made for such fiscal 

6 year; 

7 ‘‘(B) all grants eligible to be made under 

8 499T have been made for such year; and 

9 ‘‘(C) all grants eligible to be made under 

10 499U have been made for such fiscal year.’’. 

11 SEC. 4807. EXPANSION FOR PRIVATE INSTITUTIONS. 

12 Subpart 4 of part I of title IV of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1070 et seq.), as added 

14 by section 4804, is further amended by adding at the end 

15 the following: 

16 ‘‘SEC. 499W. EXPANSION FOR PRIVATE INSTITUTIONS. 

17 ‘‘(a) AUTHORITY.—The Secretary may establish a 

18 program under which— 

19 ‘‘(1) a State that participates in section 499T 

20 may elect to carry out the grant programs under 

21 such section to students who— 

22 ‘‘(A) meet the requirements under clauses 

23 (i) through (iv) of subparagraph (A) and sub24 paragraph (B) of subsection (e)(3) of such sec25 tion; and 

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1 ‘‘(B) are enrolled in nonprofit private insti2 tution of higher education in such State; and 

3 ‘‘(2) a State that participates in section 499U 

4 may elect to carry out the grant programs under 

5 such section to students who— 

6 ‘‘(A) meet the requirements under clauses 

7 (i) through (iv) of subparagraph (A) and sub8 paragraph (B) of subsection (e)(1) of such sec9 tion; and 

10 ‘‘(B) and are enrolled in nonprofit private 

11 institution of higher education in such States. 

12 ‘‘(b) PROGRAM REQUIREMENTS.—The Secretary 

13 shall set eligibility standards for nonprofit private institu14 tions of higher education which shall, at a minimum, in15 clude— 

16 ‘‘(1) benchmarks for the enrollment of low-in17 come students; 

18 ‘‘(2) a requirement that any nonprofit private 

19 institution of higher education that participates in a 

20 grant program pursuant to this section may not re21 duce the funding for institutional need-based aid; or 

22 ‘‘(3) a requirement that grant amounts for stu23 dents at such institutions of higher education shall 

24 not exceed grants for students with similar levels of 

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1 financial need (as measured by expected family con2 tribution) at public institutions of higher education. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 

4 purpose of making grants under this section there are au5 thorized to be appropriated such sums as may be nec6 essary to carry out this section for fiscal year 2021 and 

7 each succeeding fiscal year.’’. 

8 TITLE V—DEVELOPING 

9 INSTITUTIONS 

10 SEC. 5001. HISPANIC-SERVING INSTITUTIONS. 

11 (a) AUTHORIZED ACTIVITIES.—Section 503(b) of the 

12 Higher Education Act of 1965 (20 U.S.C. 1101b(b)) is 

13 amended— 

14 (1) by redesignating paragraph (16) as para15 graph (17); and 

16 (2) by inserting after paragraph (15) the fol17 lowing: 

18 ‘‘(16) Promoting opportunities for international 

19 education, including through the development of 

20 partnerships with institutions of higher education 

21 outside the United States.’’. 

22 (b) ENDOWMENT FUNDING LIMITATIONS.—Section 

23 503(c) of the Higher Education Act of 1965 (20 U.S.C. 

24 1101b(c)) is amended— 

25 (1) in paragraph (2)— 

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1 (A) by striking ‘‘non-Federal funds’’ and 

2 inserting ‘‘non-Federal funds (which may in3 clude gifts to the endowment fund restricted for 

4 a specific purpose)’’; and 

5 (B) by striking ‘‘equal to or greater than’’ 

6 and inserting ‘‘equal to 50 percent of’’; and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) SCHOLARSHIPS.—An eligible institution 

10 that uses grant funds provided under this title to es11 tablish or increase an endowment fund may use the 

12 interest proceeds from such endowment to provide 

13 scholarships to students for the purposes of attend14 ing such institution.’’. 

15 SEC. 5002. PROMOTING POSTBACCALAUREATE OPPORTUNI16 TIES FOR HISPANIC AMERICANS. 

17 (a) PROGRAM AUTHORITY.—Section 512 of the 

18 Higher Education Act of 1965 (20 U.S.C. 1102a) is 

19 amended by adding at the end the following: 

20 ‘‘(c) MINIMUM GRANTS AWARDED.—Of the funds ap21 propriated to carry out this part for a fiscal year, the Sec22 retary— 

23 ‘‘(1) shall— 

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1 ‘‘(A) use not less than one-third of such 

2 funds to award grants to carry out the activities 

3 described in section 513(b); and 

4 ‘‘(B) use not less than one-third of such 

5 funds to award grants to carry out the activities 

6 described in section 513(c); and 

7 ‘‘(2) may use any funds remaining (after using 

8 the funds in accordance with paragraph (1)) to 

9 award grants to carry out activities described in sub10 section (b) or (c) of section 513.’’. 

11 (b) AUTHORIZED ACTIVITIES.—Section 513 of the 

12 Higher Education Act of 1965 (20 U.S.C. 1102b) is 

13 amended to read as follows: 

14 ‘‘SEC. 513. AUTHORIZED ACTIVITIES. 

15 ‘‘(a) REQUIREMENTS.— 

16 ‘‘(1) IN GENERAL.—Grants awarded under this 

17 part shall be used for— 

18 ‘‘(A) one or more of the activities described 

19 in subsection (b); or 

20 ‘‘(B) one or more of the activities de21 scribed in subsection (c). 

22 ‘‘(2) PROHIBITION.—A grant awarded under 

23 this part may not be used for activities under both 

24 subsections (b) and (c). 

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1 ‘‘(b) PROMOTING POSTBACCALAUREATE OPPORTUNI2 TIES FOR HISPANIC AMERICANS ACTIVITIES.—Grants 

3 awarded under this part may be used for one or more of 

4 the following activities promoting postbaccalaureate op5 portunities for Hispanic Americans: 

6 ‘‘(1) Purchase, rental, or lease of scientific or 

7 laboratory equipment for educational purposes, in8 cluding instructional and research purposes. 

9 ‘‘(2) Construction, maintenance, renovation, 

10 and improvement of classrooms, libraries, labora11 tories, and other instructional facilities, including 

12 purchase or rental of telecommunications technology 

13 equipment or services. 

14 ‘‘(3) Purchase of library books, periodicals, 

15 technical and other scientific journals, microfilm, 

16 microfiche, and other educational materials, includ17 ing telecommunications program materials. 

18 ‘‘(4) Support for low-income postbaccalaureate 

19 students including outreach, academic support serv20 ices, mentoring, scholarships, fellowships, and other 

21 financial assistance to permit the enrollment of such 

22 students in postbaccalaureate certificate and 

23 postbaccalaureate degree granting programs. 

24 ‘‘(5) Creating or improving facilities for Inter25 net or other distance education technologies, includVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 ing purchase or rental of telecommunications tech2 nology equipment or services. 

3 ‘‘(6) Collaboration with other institutions of 

4 higher education to expand postbaccalaureate certifi5 cate and postbaccalaureate degree offerings. 

6 ‘‘(7) Other activities proposed in the application 

7 submitted pursuant to section 514 that— 

8 ‘‘(A) contribute to carrying out the pur9 poses of this part; and 

10 ‘‘(B) are approved by the Secretary as part 

11 of the review and acceptance of such applica12 tion. 

13 ‘‘(c) FACULTY DEVELOPMENT ACTIVITIES.—Grants 

14 awarded under this part may be used for one or more of 

15 the following activities for faculty development: 

16 ‘‘(1) Support of faculty exchanges, faculty de17 velopment, faculty research, curriculum development, 

18 and academic instruction. 

19 ‘‘(2) Financial support to graduate students 

20 planning to pursue academic careers who desire to 

21 become faculty at Hispanic-serving institutions. 

22 ‘‘(3) Career services in preparing for an aca23 demic career and identifying opportunities. 

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1 ‘‘(4) Developing partnerships between Hispanic2 serving institutions to help graduate students and 

3 hiring institutions connect with each other. 

4 ‘‘(5) Faculty recruitment efforts with an em5 phasis on graduates from Hispanic-serving institu6 tions and other minority-serving institutions. 

7 ‘‘(6) Recruitment and retention incentives to 

8 allow Hispanic-serving institutions to make competi9 tive offers to potential faculty, including use of 

10 funds for student loan repayment. 

11 ‘‘(7) Research support specifically for early ca12 reer faculty.’’. 

13 SEC. 5003. GENERAL PROVISIONS. 

14 Section 528(a) of the Higher Education Act of 1965 

15 (20 U.S.C. 1103g(a)) is amended— 

16 (1) in paragraph (1), by striking 

17 ‘‘$175,000,000’’ and inserting ‘‘$350,000,000’’; 

18 (2) in paragraph (2), by striking 

19 ‘‘$100,000,000’’ and inserting ‘‘$115,000,000’’; 

20 (3) by striking ‘‘2009’’ each place it appears 

21 and inserting ‘‘2021’’; and 

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

23 ‘‘(3) RESERVATION FOR TECHNICAL ASSIST24 ANCE.—From the amounts appropriated under para25 graph (1) to carry out part A for a fiscal year, the 

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1 Secretary shall reserve 0.75 percent to carry out 

2 technical assistance and administrative training for 

3 staff and faculty at Hispanic-serving institutions 

4 under such part.’’. 

5 TITLE VI—INTERNATIONAL 

6 EDUCATION PROGRAMS 

7 SEC. 6001. INTERNATIONAL EDUCATION. 

8 (a) GRADUATE AND UNDERGRADUATE LANGUAGE

9 AND AREA CENTERS AND PROGRAMS.—Section 

10 602(b)(2)(B)(ii) of the Higher Education Act of 1965 (20 

11 U.S.C. 1122(b)(2)(B)(ii)) is amended— 

12 (1) in subclause (III), by striking ‘‘or’’; 

13 (2) in subclause (IV), by striking the period at 

14 the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(V) the beginning, intermediate, or 

17 advanced study of a foreign language re18 lated to the area of specialization.’’. 

19 (b) INTERNATIONAL RESEARCH AND INNOVATION.— 

20 Section 605 of the Higher Education Act of 1965 (20 

21 U.S.C. 1125) is amended to read as follows: 

22 ‘‘SEC. 605. INTERNATIONAL RESEARCH AND INNOVATION. 

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

24 support essential international and foreign language edu25 cation research and innovation projects with the goal of 

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1 assessing and strengthening international education ca2 pacity, coordination, delivery, and outcomes to meet na3 tional needs. 

4 ‘‘(b) AUTHORITY.— 

5 ‘‘(1) IN GENERAL.—From the amount provided 

6 to carry out this section, the Secretary shall carry 

7 out the following activities: 

8 ‘‘(A) Conduct research and studies that 

9 contribute to the purpose described in sub10 section (a), which shall include research to pro11 vide a systematic understanding of the United 

12 States’ international and foreign language edu13 cation capacity, structures, and effectiveness in 

14 meeting growing demands by education, govern15 ment, and the private sector (including business 

16 and other professions). 

17 ‘‘(B) Create innovative paradigms or en18 hance or scale up proven strategies and prac19 tices that address systemic challenges to devel20 oping and delivering international and foreign 

21 language education resources and expertise 

22 across educational disciplines, institutions, em23 ployers, and other stakeholders. 

24 ‘‘(C) Develop and manage a national 

25 standardized database that— 

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1 ‘‘(i) includes the strengths, gaps, and 

2 trends in the United States’ international 

3 and foreign language education capacity; 

4 and 

5 ‘‘(ii) documents the outcomes of pro6 grams funded under this title for every 

7 grant cycle. 

8 ‘‘(2) GRANTS OR CONTRACTS.—The Secretary 

9 shall carry out activities to achieve the outcomes de10 scribed in paragraph (1)— 

11 ‘‘(A) directly; or 

12 ‘‘(B) through grants awarded under sub13 section (d) or (e). 

14 ‘‘(c) ELIGIBLE ENTITY DEFINED.—In this section, 

15 the term ‘eligible entity’ means— 

16 ‘‘(1) an institution of higher education; 

17 ‘‘(2) a public or private nonprofit library; 

18 ‘‘(3) a nonprofit educational organization; 

19 ‘‘(4) an entity that— 

20 ‘‘(A) received a grant under this title for 

21 a preceding fiscal year; or 

22 ‘‘(B) is receiving a grant under this title as 

23 of the date of application for a grant under this 

24 section; or 

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1 ‘‘(5) a partnership of two or more entities de2 scribed in paragraphs (1) through (4). 

3 ‘‘(d) RESEARCH GRANTS.— 

4 ‘‘(1) PROGRAM AUTHORIZED.—For any fiscal 

5 year for which the Secretary carries out activities 

6 under subsection (b)(1) through research grants 

7 under this subsection, the Secretary shall award 

8 such grants, on a competitive basis, to eligible enti9 ties. 

10 ‘‘(2) REQUIRED ACTIVITIES.—An eligible entity 

11 that receives a grant under this subsection shall use 

12 the grant funds for the systematic development, col13 lection, analysis, publication, and dissemination of 

14 data, and other information resources in a manner 

15 that is easily understandable, made publicly avail16 able, and that contributes to achieving the purposes 

17 of subsection (a) and carries out at least one activity 

18 under subsection (b)(1). 

19 ‘‘(3) DISCRETIONARY ACTIVITIES.—An eligible 

20 entity that receives a grant under this subsection 

21 may use the grant to carry out the following activi22 ties: 

23 ‘‘(A) Assess and document international 

24 and foreign language education capacity and 

25 supply through studies or surveys that— 

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1 ‘‘(i) determine the number of foreign 

2 language courses, programs, and enroll3 ments at all levels of education and in all 

4 languages, including a determination of 

5 gaps in those deemed critical to the na6 tional interest; 

7 ‘‘(ii) measure the number and types of 

8 degrees or certificates awarded in area 

9 studies, global studies, foreign language 

10 studies, and international business and 

11 professional studies, including identifica12 tion of gaps in those deemed critical to the 

13 national interest; 

14 ‘‘(iii) measure the number of foreign 

15 language, area or international studies fac16 ulty, including international business fac17 ulty, and elementary school and secondary 

18 school foreign language teachers by lan19 guage, degree, and world area; or 

20 ‘‘(iv) measure the number of under21 graduate and graduate students engaging 

22 in long- or short-term education or intern23 ship abroad programs as part of their cur24 riculum, including countries of destination. 

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1 ‘‘(B) Assess the demands for, and out2 comes of, international and foreign language 

3 education and their alignment, through studies, 

4 surveys, and conferences to— 

5 ‘‘(i) determine demands for increased 

6 or improved instruction in foreign lan7 guage, area or global studies, or other 

8 international fields, and the demand for 

9 employees with such skills and knowledge 

10 in the education, government, and private 

11 sectors (including business and other pro12 fessions); 

13 ‘‘(ii) assess the employment or utiliza14 tion of graduates of programs supported 

15 under this title by educational, govern16 mental, and private sector organizations 

17 (including business and other professions); 

18 or 

19 ‘‘(iii) assess standardized outcomes 

20 and effectiveness and benchmarking of 

21 programs supported under this title. 

22 ‘‘(C) Develop and publish specialized mate23 rials for use in foreign language, area, global, 

24 or other international studies, including in 

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1 international business or other professional edu2 cation or technical training, as appropriate. 

3 ‘‘(D) Conduct studies or surveys that iden4 tify and document systemic challenges and 

5 changes needed in higher education and elemen6 tary school and secondary school systems to 

7 make international and foreign language edu8 cation available to all students as part of the 

9 basic curriculum, including challenges in cur10 rent evaluation standards, entrance and gradua11 tion requirements, program accreditation, stu12 dent degree requirements, or teacher and fac13 ulty legal workplace barriers to education and 

14 research abroad. 

15 ‘‘(E) With respect to underrepresented in16 stitutions of higher education (including minor17 ity-serving institutions or community colleges), 

18 carry out studies or surveys that identify and 

19 document— 

20 ‘‘(i) current systemic challenges and 

21 changes incentives, and partnerships need22 ed to comprehensively and sustainably 

23 internationalize educational programming; 

24 or 

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1 ‘‘(ii) short- and long-term outcomes of 

2 successful internationalization strategies 

3 and funding models. 

4 ‘‘(F) Evaluate the extent to which pro5 grams assisted under this title— 

6 ‘‘(i) reflect diverse perspectives and a 

7 wide range of views; and 

8 ‘‘(ii) generate debate on world regions 

9 and international affairs 

10 ‘‘(e) INNOVATION GRANTS.— 

11 ‘‘(1) PROGRAM AUTHORIZED.—For any fiscal 

12 year for which the Secretary carries out activities to 

13 achieve the outcomes described in subsection (b)(1) 

14 through innovation grants under this subsection, the 

15 Secretary shall award such grants, on a competitive 

16 basis, to eligible entities. 

17 ‘‘(2) USES OF FUNDS.—An eligible entity that 

18 receives an innovation grant under this subsection 

19 shall use the grant funds to fund projects consistent 

20 with this section, which may include one or more of 

21 the following: 

22 ‘‘(A) Innovative paradigms to improve 

23 communication, sharing, and delivery of re24 sources that further the purposes described in 

25 subsection (a) including the following: 

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1 ‘‘(i) Networking structures and sys2 tems to more effectively match graduates 

3 possessing international and foreign lan4 guage education skills with employment 

5 needs. 

6 ‘‘(ii) Sharing international specialist 

7 expertise across institutions of higher edu8 cation or in the workforce to pursue spe9 cialization or learning opportunities not 

10 available at any single institution of higher 

11 education, such as shared courses for 

12 studying less commonly taught languages, 

13 world areas or regions, international busi14 ness or other professional areas, or special15 ized research topics of national strategic 

16 interest. 

17 ‘‘(iii) Producing, collecting, orga18 nizing, preserving, and widely dissemi19 nating international and foreign language 

20 education expertise, resources, courses, and 

21 other information through the use of elec22 tronic technologies and other techniques. 

23 ‘‘(iv) Collaborative initiatives to iden24 tify, capture, and provide consistent access 

25 to, and creation of, digital global library 

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1 resources that are beyond the capacity of 

2 any single eligible entity receiving a grant 

3 under this section or any single institution 

4 of higher education, including the profes5 sional development of library staff. 

6 ‘‘(v) Utilization of technology to cre7 ate open-source resources in international, 

8 area, global, and foreign language studies 

9 that are adaptable to multiple educational 

10 settings and promote interdisciplinary 

11 partnerships between technologists, cur12 riculum designers, international and for13 eign language education experts, language 

14 teachers, and librarians. 

15 ‘‘(B) Innovative curriculum, teaching, and 

16 learning strategies, including the following: 

17 ‘‘(i) New initiatives for collaborations 

18 of disciplinary programs with foreign lan19 guage, area, global, and international stud20 ies, and education abroad programs that 

21 address the internationalization of such 

22 disciplinary studies with the purpose of 

23 producing globally competent graduates. 

24 ‘‘(ii) Innovative collaborations between 

25 established centers of international and 

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1 foreign language education excellence and 

2 underrepresented institutions and popu3 lations seeking to further their goals for 

4 strengthening international, area, global, 

5 and foreign language studies, including at 

6 minority-serving institutions or community 

7 colleges. 

8 ‘‘(iii) Teaching and learning collabora9 tions among foreign language, area, global, 

10 or other international studies with diaspora 

11 communities, including heritage students. 

12 ‘‘(iv) New approaches and methods to 

13 teaching emerging global issues, cross-re14 gional interactions, and underrepresented 

15 regions or countries, such as project- and 

16 team-based learning. 

17 ‘‘(C) Innovative assessment and outcome 

18 tools and techniques that further the purposes 

19 described in subsection (a), including the fol20 lowing: 

21 ‘‘(i) International and foreign lan22 guage education assessment techniques 

23 that are coupled with outcome-focused 

24 training modules, such as certificates or 

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1 badges, immersion learning, or e-portfolio 

2 systems. 

3 ‘‘(ii) Effective and easily accessible 

4 methods of assessing professionally useful 

5 levels of proficiency in foreign languages or 

6 competencies in area, culture, and global 

7 knowledge or other international fields in 

8 programs under this title, which may in9 clude use of open access online and other 

10 cost-effective tools for students and edu11 cators at all educational levels and in the 

12 workplace. 

13 ‘‘(f) APPLICATION.—Each eligible entity desiring a 

14 grant under this section shall submit to the Secretary an 

15 application at such time, in such manner, and containing 

16 such information as the Secretary shall require, includ17 ing— 

18 ‘‘(1) a description of each proposed project the 

19 eligible entity plans to carry out under this section 

20 and how such project meets the purposes described 

21 in subsection (a); 

22 ‘‘(2) if applicable, a demonstration of why the 

23 entity needs a waiver or reduction of the matching 

24 requirement under subsection (g); and 

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1 ‘‘(3) an assurance that each such proposed 

2 project will be self-sustainable after the grant term 

3 is completed. 

4 ‘‘(g) MATCHING REQUIREMENT.— 

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

6 total cost for carrying out a project supported by a 

7 grant under this section shall be no more than 66.66 

8 percent of the cost of the project. 

9 ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— 

10 The non-Federal share of such cost may be provided 

11 either in-kind or in cash, from institutional and non12 institutional funds, including contributions from 

13 State or private sector corporations, nonprofits, or 

14 foundations. 

15 ‘‘(3) SPECIAL RULE.—The Secretary may waive 

16 or reduce the share required under paragraph (1) 

17 for eligible entities that— 

18 ‘‘(A) are minority-serving institutions or 

19 are community colleges; or 

20 ‘‘(B) demonstrate need in an application 

21 for such a waiver or reduction under subsection 

22 (f)(2). 

23 ‘‘(h) DATABASE AND REPORTING.—The Secretary 

24 shall directly, or through grants or contracts with an eligi25 ble grant recipient— 

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1 ‘‘(1) establish, curate, maintain, and update at 

2 least every grant cycle, a publically available website 

3 which shall showcase the results of this section and 

4 serve as a user-friendly repository of the informa5 tion, resources, and best practices generated through 

6 activities conducted under this section; and 

7 ‘‘(2) prepare, publish, and disseminate to Con8 gress and the public at least once every 5 years, a 

9 report that summarizes key findings and policy 

10 issues from the activities conducted under this sec11 tion, including as such activities relate to inter12 national and foreign language education and out13 comes.’’. 

14 (c) DISCONTINUATION OF FOREIGN INFORMATION

15 ACCESS PROGRAM.—Part A of title VI of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1121 et seq.) is further 

17 amended by striking sections 606 and 610, and redesig18 nating sections 607, 608, and 609 as sections 606, 607, 

19 and 608, respectively. 

20 SEC. 6002. GLOBAL BUSINESS AND PROFESSIONAL EDU21 CATION PROGRAMS. 

22 (a) FINDINGS; PURPOSE.—Section 611 of the Higher 

23 Education Act of 1965 (20 U.S.C. 1130) is amended— 

24 (1) in subsection (a)— 

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1 (A) by amending paragraph (1) to read as 

2 follows: 

3 ‘‘(1) the future welfare of the United States will 

4 depend substantially on increasing international and 

5 global skills in business, educational, and other pro6 fessional communities and creating an awareness 

7 among the American public of the internationaliza8 tion of our economy and numerous other profes9 sional areas important to the national interest;’’; 

10 (B) by amending paragraph (2) to read as 

11 follows: 

12 ‘‘(2) concerted efforts are necessary to engage 

13 business and other professional education and tech14 nical training programs, language, area, and global 

15 study programs, professional international affairs 

16 education programs, public and private sector orga17 nizations, and United States’ business community in 

18 a mutually productive relationship which benefits the 

19 Nation’s future economic and security interests;’’; 

20 (C) in paragraph (3), by striking ‘‘and the 

21 international’’ and inserting ‘‘and other profes22 sional fields and the international and global’’; 

23 and 

24 (D) in paragraph (4)— 

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1 (i) by inserting ‘‘, as well as other 

2 professional organizations’’ after ‘‘depart3 ments of commerce’’; and 

4 (ii) by inserting ‘‘or other professions’’ 

5 after ‘‘business’’; and 

6 (2) in subsection (b)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘and economic enter9 prise’’ and inserting ‘‘, economic enter10 prise, and security’’; and 

11 (ii) by inserting ‘‘and other profes12 sional’’ before ‘‘personnel’’; and 

13 (B) in paragraph (2), by striking ‘‘to pros14 per in an international’’ and inserting ‘‘and 

15 other professional fields to prosper in a global’’. 

16 (b) PROFESSIONAL AND TECHNICAL EDUCATION FOR

17 GLOBAL COMPETITIVENESS.—Section 613 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1130a) is amended to 

19 read as follows: 

20 ‘‘SEC. 613. PROFESSIONAL AND TECHNICAL EDUCATION 

21 FOR GLOBAL COMPETITIVENESS. 

22 ‘‘(a) PURPOSE.—The purpose of this section is to 

23 support innovative strategies that provide undergraduate 

24 and graduate students with the global professional com25 petencies, perspectives, and skills needed to strengthen 

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1 and enrich global engagement and competitiveness in a 

2 wide variety of professional and technical fields important 

3 to the national interest. 

4 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary shall 

5 make grants to, or enter into contracts with eligible enti6 ties to pay the Federal share of the cost of programs de7 signed to— 

8 ‘‘(1) establish an interdisciplinary global focus 

9 in the undergraduate and graduate curricula of busi10 ness, science, technology, engineering, and other pro11 fessional education and technical training programs 

12 to be determined by the Secretary based on national 

13 needs; 

14 ‘‘(2) produce graduates with proficiencies in 

15 both the global aspects of their professional edu16 cation or technical training fields and international, 

17 cross-cultural, and foreign language skills; and 

18 ‘‘(3) provide appropriate services to or partner19 ships with the corporate, government, and nonprofit 

20 communities in order to expand knowledge and ca21 pacity for global engagement and competitiveness 

22 and provide internship or employment opportunities 

23 for students and graduates with international skills. 

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1 ‘‘(c) MANDATORY ACTIVITIES.—An eligible entity 

2 that receives a grant under this section shall use the grant 

3 to carry out the following: 

4 ‘‘(1) With respect to undergraduate or graduate 

5 professional education and technical training cur6 ricula, incorporating— 

7 ‘‘(A) foreign language programs that lead 

8 to proficiency, including immersion opportuni9 ties; 

10 ‘‘(B) international, area, or global studies 

11 programs; 

12 ‘‘(C) education, internships, or other inno13 vative or technological linkages abroad; and 

14 ‘‘(D) global business, economic, and trade 

15 studies, where appropriate. 

16 ‘‘(2) Innovating and improving international, 

17 global, and foreign language education curricula to 

18 serve the needs of business and other professional 

19 and nonprofit communities, including development of 

20 new programs for nontraditional, mid-career, or 

21 part-time students. 

22 ‘‘(3) Establishing education or internship 

23 abroad programs, domestic globally focused intern24 ships, or other innovative approaches to enable un25 dergraduate or graduate students in professional 

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1 education or technical training to develop foreign 

2 language skills and knowledge of foreign cultures, 

3 societies, and global dimensions of their professional 

4 fields. 

5 ‘‘(4) Developing collaborations between institu6 tions of higher education and corporations or non7 profit organizations in order to strengthen engage8 ment and competitiveness in global business, trade, 

9 or other global professional activities. 

10 ‘‘(d) DISCRETIONARY ACTIVITIES.—An eligible entity 

11 that receives a grant under this section may use the grant 

12 to carry out the following: 

13 ‘‘(1) Developing specialized teaching materials 

14 and courses, including foreign language and area or 

15 global studies materials, and innovative technological 

16 delivery systems appropriate for professionally ori17 ented students. 

18 ‘‘(2) Establishing student fellowships or other 

19 innovative support opportunities, including for 

20 underrepresented populations, first generation col21 lege students (defined in section 402A(h)), and her22 itage learners, for education and training in global 

23 professional development activities. 

24 ‘‘(3) Developing opportunities or fellowships for 

25 faculty or junior faculty of professional education or 

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1 technical training (including the faculty of minority2 serving institutions or community colleges) to ac3 quire or strengthen international and global skills 

4 and perspectives. 

5 ‘‘(4) Creating institutes that take place over 

6 academic breaks, like the summer, including through 

7 technological means, and cover foreign language, 

8 world area, global, or other international studies in 

9 learning areas of global business, science, tech10 nology, engineering, or other professional education 

11 and training fields. 

12 ‘‘(5) Internationalizing curricula at minority13 serving institutions or community colleges to further 

14 the purposes of this section. 

15 ‘‘(6) Establishing international linkages or part16 nerships with institutions of higher education, cor17 porations, or organizations that contribute to the ob18 jectives of this section. 

19 ‘‘(7) Developing programs to inform the public 

20 of increasing global interdependence in professional 

21 education and technical training fields. 

22 ‘‘(8) Establishing trade education programs 

23 through agreements with regional, national, global, 

24 bilateral, or multilateral trade centers, councils, or 

25 associations. 

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1 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall submit an application to the 

3 Secretary at such time, in such manner, and including 

4 such information as the Secretary may reasonably require, 

5 including assurances that— 

6 ‘‘(1) each proposed project will be self-sustain7 able after the grant term is completed; 

8 ‘‘(2) the institution of higher education will use 

9 the assistance provided under this section to supple10 ment and not supplant activities conducted by insti11 tutions of higher education described in (c); 

12 ‘‘(3) in the case of eligible entities that are con13 sortia of institutions of higher education, or partner14 ship described in subsection (g)(1)(C), a copy of 

15 their partnership agreement that demonstrates com16 pliance with subsection (c) will be provided to the 

17 Secretary; 

18 ‘‘(4) the activities funded by the grant will re19 flect diverse perspectives and a wide range of views 

20 of world regions and international affairs where ap21 plicable; and 

22 ‘‘(5) if applicable, a demonstration of why the 

23 eligible entity needs a waiver or reduction of the 

24 matching requirement under subsection (f). 

25 ‘‘(f) MATCHING REQUIREMENT.— 

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

2 total cost for carrying out a program supported by 

3 a grant under this section shall be not more than 50 

4 percent of the total cost of the project. 

5 ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— 

6 The non-Federal share of such cost may be provided 

7 either in-kind or in cash, from institutional and non8 institutional funds, including contributions from 

9 State and private sector corporations, nonprofits, or 

10 foundations. 

11 ‘‘(3) SPECIAL RULE.—The Secretary may waive 

12 or reduce the share required under paragraph (1) 

13 for eligible entities that— 

14 ‘‘(A) are minority-serving institutions or 

15 are community colleges; or 

16 ‘‘(B) have submitted a grant application as 

17 required by subsection (e) that demonstrates a 

18 need for such a waiver or reduction. 

19 ‘‘(g) DEFINITIONS.—In this section: 

20 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en21 tity’ means— 

22 ‘‘(A) an institution of higher education; 

23 ‘‘(B) a consortia of such institutions; or 

24 ‘‘(C) a partnership between— 

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1 ‘‘(i) an institution of higher education 

2 or a consortia of such institutions; and 

3 ‘‘(ii) at least one corporate or non4 profit entity. 

5 ‘‘(2) PROFESSIONAL EDUCATION AND TECH6 NICAL TRAINING.—The term ‘professional education 

7 and technical training’ means a program at an insti8 tution of higher education that offers undergraduate, 

9 graduate, or postgraduate level education in a pro10 fessional or technical field that is determined by the 

11 Secretary as meeting a national need for global or 

12 international competency (which may include busi13 ness, science, technology, engineering, law, health, 

14 energy, environment, agriculture, transportation, or 

15 education). 

16 ‘‘(h) FUNDING RULE.—Notwithstanding any other 

17 provision of this title, funds made available to the Sec18 retary for a fiscal year may not be obligated or expended 

19 to carry out this section unless the funds appropriated for 

20 such fiscal year to carry out this title exceeds 

21 $65,103,000.’’. 

22 (c) DISCONTINUATION OF CERTAIN AUTHORIZA23 TIONS OF APPROPRIATIONS.—Part B of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1130 et seq.) is further 

25 amended by striking section 614. 

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1 SEC. 6003. REPEAL OF ASSISTANCE PROGRAM FOR INSTI2 TUTE FOR INTERNATIONAL PUBLIC POLICY. 

3 Part C of title VI of the Higher Education Act of 

4 1965 (20 U.S.C. 1131 et seq.) is repealed. 

5 SEC. 6004. GENERAL PROVISIONS. 

6 (a) DEFINITIONS.—Section 631(a) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1132(a)) is amended— 

8 (1) in paragraph (9), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (10), by striking the period at 

11 the end and inserting a semicolon; and 

12 (3) by adding at the end the following: 

13 ‘‘(11) the term ‘community college’ has the 

14 meaning given the term ‘junior or community col15 lege’ in section 312(f); 

16 ‘‘(12) the term ‘heritage student’ means a post17 secondary student who— 

18 ‘‘(A) was born in the United States to im19 migrant parents or immigrated to the United 

20 States at an early age; 

21 ‘‘(B) is proficient in English, but raised in 

22 a family primarily speaking 1 or more lan23 guages of the country of origin; and 

24 ‘‘(C) maintains a close affinity with the 

25 family’s culture and language of origin; and 

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1 ‘‘(13) the term ‘minority-serving institution’ 

2 means an institution of higher education that is eli3 gible to receive a grant under part A or B of title 

4 III or title V.’’. 

5 (b) MINORITY-SERVING INSTITUTIONS.—Part D of 

6 title VI of the Higher Education Act of 1965 (20 U.S.C. 

7 1132 et seq.) is amended— 

8 (1) by striking section 637; 

9 (2) by redesignating section 638 as section 637; 

10 and 

11 (3) by inserting after section 637, as so redesig12 nated, the following: 

13 ‘‘SEC. 638. PRIORITY TO MINORITY-SERVING INSTITUTIONS. 

14 ‘‘(a) PRIORITY.—In seeking applications and award15 ing grants under this title, the Secretary, may give priority 

16 to— 

17 ‘‘(1) minority-serving institutions; or 

18 ‘‘(2) institutions of higher education that apply 

19 for such grants that propose significant and sus20 tained collaborative activities with one or more mi21 nority-serving institutions. 

22 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

23 provide technical assistance to minority-serving institu24 tions to ensure maximum distribution of grants to eligible 

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1 minority-serving institutions and among each category of 

2 such institutions.’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—Part D 

4 of title VI of the Higher Education Act of 1965 (20 U.S.C. 

5 1132 et seq.) is further amended by adding at the end 

6 the following new section: 

7 ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘(a) IN GENERAL.—Subject to subsection (b), there 

9 are authorized to be appropriated to carry out this title 

10 $125,000,000 for fiscal year 2021 and each of the 5 suc11 ceeding fiscal years. 

12 ‘‘(b) ADJUSTMENT FOR INFLATION.— 

13 ‘‘(1) IN GENERAL.—The amount authorized to 

14 be appropriated under subsection (a) for fiscal year 

15 2022 and each of the 4 succeeding fiscal years shall 

16 be deemed increased by a percentage equal to the 

17 annual adjustment percentage. 

18 ‘‘(2) DEFINITION.—In this subsection, the term 

19 ‘annual adjustment percentage’ as applied to a fiscal 

20 year, means the estimated percentage change in the 

21 Consumer Price Index (as determined by the Sec22 retary, using the definition in section 478(f)) for the 

23 most recent calendar year ending prior to the begin24 ning of that fiscal year.’’. 

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1 TITLE VII—GRADUATE AND 

2 POSTSECONDARY IMPROVE3 MENT PROGRAMS 

4 SEC. 7001. GRADUATE EDUCATION PROGRAMS. 

5 (a) HBCU.—Section 723 of the Higher Education 

6 Act of 1965 (20 U.S.C. 1136a) is amended— 

7 (1) in subsection (b)(1), by adding at the end 

8 the following: 

9 ‘‘(S) Each institution not listed under sub10 paragraphs (A) through (R) that is eligible to 

11 receive funds under part B of title III and that 

12 offers a qualified masters degree program.’’; 

13 (2) in subsection (e), by striking ‘‘or 724’’ and 

14 inserting ‘‘or 724, or subpart 5 or 6 of this part’’; 

15 and 

16 (3) in subsection (f)(3)— 

17 (A) by striking ‘‘any amount in excess of 

18 $9,000,000’’ and inserting ‘‘after the applica19 tion of paragraph (2), the remaining amount’’; 

20 and 

21 (B) by striking ‘‘(R)’’ and inserting ‘‘(S)’’. 

22 (b) PREDOMINANTLY BLACK INSTITUTIONS.—Sec23 tion 724 of the Higher Education Act of 1965 (20 U.S.C. 

24 1136b) is amended— 

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1 (1) in subsection (b)(1), by adding at the end 

2 the following: 

3 ‘‘(F) Each institution not listed in sub4 paragraph (A) through (E) that is eligible to 

5 receive funds under section 318 and that offers 

6 a qualified masters degree program.’’; 

7 (2) in subsection (e), by striking ‘‘or 723’’ and 

8 inserting ‘‘or 723, or subpart 5 or 6’’; and 

9 (3) in subsection (f)(3)— 

10 (A) by striking ‘‘any amount in excess of 

11 $2,500,000’’ and inserting ‘‘after the applica12 tion of paragraph (2), any remaining amount’’; 

13 and 

14 (B) by striking ‘‘(E)’’ and inserting ‘‘(F)’’. 

15 (c) ENHANCING SUPPORT FOR ASIAN AMERICAN AND

16 NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITU17 TIONS AND TRIBAL COLLEGES AND UNIVERSITIES.—Part 

18 A of title VII of the Higher Education Act of 1965 (20 

19 U.S.C. 1134 et seq.) is amended— 

20 (1) in section 731— 

21 (A) by striking ‘‘1 through 4’’ each place 

22 it appears and inserting ‘‘1 through 6’’; and 

23 (B) by striking ‘‘subpart 1, 2, 3, or 4’’ and 

24 inserting ‘‘subparts 1 through 6’’; 

25 (2) by redesignating subpart 5 as subpart 7; 

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1 (3) by redesignating section 731 as section 735; 

2 and 

3 (4) by inserting after subpart 4 the following: 

4 ‘‘Subpart 5—Graduate Opportunities at Asian Amer5 ican and Native American Pacific Islander-Serv6 ing Institutions 

7 ‘‘SEC. 726. GRANT PROGRAM ESTABLISHED. 

8 ‘‘(a) IN GENERAL.—Subject to the availability of 

9 funds appropriated to carry out this subpart, the Sec10 retary shall award grants, on a competitive basis, to eligi11 ble institutions to enable the eligible institutions to carry 

12 out the activities described in section 727. 

13 ‘‘(b) AWARD OF GRANT FUNDS.—Of the funds ap14 propriated to carry out this subpart for a fiscal year, the 

15 Secretary— 

16 ‘‘(1) shall reserve— 

17 ‘‘(A) not less than one-third of such funds 

18 to award grants to carry out the activities de19 scribed in section 727(b); and 

20 ‘‘(B) not less than one-third of such funds 

21 to award grants to carry out the activities de22 scribed in section 727(c); and 

23 ‘‘(2) may use the amount of funds remaining 

24 after the reservation required under paragraph (1) 

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1 to award grants to carry out the activities described 

2 in subsections (b) and (c) of section 727. 

3 ‘‘(c) DURATION.—Grants under this subpart shall be 

4 awarded for a period not to exceed five years. 

5 ‘‘(d) LIMITATION ON NUMBER OF AWARDS.—The 

6 Secretary may not award more than one grant under this 

7 subpart in any fiscal year to any Asian American and Na8 tive American Pacific Islander-serving institutions. 

9 ‘‘(e) APPLICATION.—Any eligible institution may 

10 apply for a grant under this subpart by submitting an ap11 plication to the Secretary at such time and in such manner 

12 as the Secretary may require. Such application shall dem13 onstrate how the grant funds will be used to improve 

14 postbaccalaureate education opportunities for Asian 

15 American and Native American Pacific Islander and low16 income students. 

17 ‘‘(f) INTERACTION WITH OTHER GRANT PRO18 GRAMS.—No institution that is eligible for and receives an 

19 award under section 326, 512, 723, or 724, or subpart 

20 6 of this part for a fiscal year shall be eligible to apply 

21 for a grant, or receive grant funds, under this subpart for 

22 the same fiscal year. 

23 ‘‘(g) ELIGIBLE INSTITUTION DEFINED.—For the 

24 purposes of this subpart, an ‘eligible institution’ means an 

25 institution of higher education that— 

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1 ‘‘(1) is an Asian-American and Native Amer2 ican Pacific Islander-serving institution (as defined 

3 in section 320); and 

4 ‘‘(2) offers a postbaccalaureate certificate or 

5 postbaccalaureate degree granting program. 

6 ‘‘SEC. 727. USE OF FUNDS. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) ACTIVITIES.—An eligible institution that 

9 receives a grant under this subpart shall use such 

10 funds to carry out— 

11 ‘‘(A) one or more of the activities described 

12 in subsection (b); or 

13 ‘‘(B) one or more of the activities de14 scribed in subsection (c). 

15 ‘‘(2) REQUIREMENT.—An eligible institution 

16 that receives a grant under this subpart may not use 

17 such funds for activities under both subsections (b) 

18 and (c). 

19 ‘‘(b) GRADUATE PROGRAM ACTIVITIES.—Grants 

20 awarded under this subpart may be used for one or more 

21 of the following activities promoting postbaccaulaureate 

22 opportunities for Asian American and Native American 

23 Pacific Islander students: 

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1 ‘‘(1) Purchase, rental, or lease of scientific or 

2 laboratory equipment for educational purposes, in3 cluding instructional and research purposes. 

4 ‘‘(2) Construction, maintenance, renovation, 

5 and improvement of classrooms, libraries, labora6 tories, and other instructional facilities, including 

7 purchase or rental of telecommunications technology 

8 equipment or services. 

9 ‘‘(3) Purchase of library books, periodicals, 

10 technical and other scientific journals, microfilm, 

11 microfiche, and other educational materials, includ12 ing telecommunications program materials. 

13 ‘‘(4) Support for low-income postbaccalaureate 

14 students including outreach, academic support serv15 ices and mentoring, scholarships, fellowships, and 

16 other financial assistance to permit the enrollment of 

17 such students in postbaccalaureate certificate and 

18 postbaccalaureate degree granting programs. 

19 ‘‘(5) Creating or improving facilities for Inter20 net or other distance education technologies, includ21 ing purchase or rental of telecommunications tech22 nology equipment or services. 

23 ‘‘(6) Collaboration with other institutions of 

24 higher education to expand postbaccalaureate certifi25 cate and postbaccalaureate degree offerings. 

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1 ‘‘(7) Other activities proposed in the application 

2 submitted pursuant to section 726 that— 

3 ‘‘(A) contribute to carrying out the pur4 poses of this subpart; and 

5 ‘‘(B) are approved by the Secretary as part 

6 of the review and acceptance of such applica7 tion. 

8 ‘‘(c) FACULTY DEVELOPMENT ACTIVITIES.—Grants 

9 awarded under this subpart may be used for one or more 

10 of the following activities for faculty development: 

11 ‘‘(1) Support of faculty exchanges, faculty de12 velopment, faculty research, curriculum development, 

13 and academic instruction. 

14 ‘‘(2) Financial support to graduate students 

15 planning to pursue academic careers who desire to 

16 become faculty at Asian American and Native Amer17 ican Pacific Islander-serving institutions. 

18 ‘‘(3) Career services in preparing for an aca19 demic career and identifying opportunities. 

20 ‘‘(4) Developing partnerships between Asian 

21 American and Native American Pacific Islander22 serving institutions to facilitate connections between 

23 graduate students and hiring institutions. 

24 ‘‘(5) Faculty recruitment efforts with an em25 phasis on graduates from Asian American and NaVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tive American Pacific Islander-serving institutions 

2 and other minority-serving institutions. 

3 ‘‘(6) Recruitment and retention incentives to 

4 allow Asian American and Native American Pacific 

5 Islander-serving institutions to make competitive of6 fers to potential faculty, including use of funds for 

7 student loan repayment. 

8 ‘‘(7) Research support for early career faculty. 

9 ‘‘(8) Other activities proposed in the application 

10 submitted pursuant to section 726 that— 

11 ‘‘(A) contribute to carrying out the pur12 poses of this subpart; and 

13 ‘‘(B) are approved by the Secretary as part 

14 of the review and acceptance of such applica15 tion. 

16 ‘‘SEC. 728. AUTHORIZATION OF APPROPRIATIONS. 

17 ‘‘There is authorized to be appropriated to carry out 

18 this subpart $30,000,000 for fiscal year 2021 and each 

19 of the 5 succeeding fiscal years. 

20 ‘‘Subpart 6—Graduate Opportunities at Tribal 

21 Colleges and Universities 

22 ‘‘SEC. 729. GRANT PROGRAM ESTABLISHED. 

23 ‘‘(a) IN GENERAL.—Subject to the availability of 

24 funds appropriated to carry out this subpart, the Sec25 retary shall award grants, on a competitive basis, to eligiVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 ble institutions to enable the eligible institutions to carry 

2 out the activities described in section 730. 

3 ‘‘(b) AWARD OF GRANT FUNDS.—Of the funds ap4 propriated to carry out this subpart for a fiscal year, the 

5 Secretary— 

6 ‘‘(1) shall reserve— 

7 ‘‘(A) not less than one-third of such funds 

8 to award grants to carry out the activities de9 scribed in section 730(b); and 

10 ‘‘(B) not less than one-third of such funds 

11 to award grants to carry out the activities de12 scribed in section 730(c); and 

13 ‘‘(2) may use the amount of funds remaining 

14 after the reservation required under paragraph (1) 

15 to award grants to carry out the activities described 

16 in subsections (b) and (c) of section 730. 

17 ‘‘(c) DURATION.—Grants under this part shall be 

18 awarded for a period not to exceed five years. 

19 ‘‘(d) LIMITATION ON NUMBER OF AWARDS.—The 

20 Secretary may not award more than one grant under this 

21 subpart in any fiscal year to any Tribal College and Uni22 versity. 

23 ‘‘(e) APPLICATION.—Any eligible institution may 

24 apply for a grant under this subpart by submitting an ap25 plication to the Secretary at such time and in such manner 

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1 as the Secretary may require. Such application shall dem2 onstrate how the grant funds will be used to improve 

3 postbaccalaureate education opportunities for American 

4 Indian and Alaska Native students. 

5 ‘‘(f) INTERACTION WITH OTHER GRANT PRO6 GRAMS.—No institution that is eligible for and receives an 

7 award under section 326, 512, 723, or 724, or subpart 

8 5 of this part for a fiscal year shall be eligible to apply 

9 for a grant, or receive grant funds, under this section for 

10 the same fiscal year. 

11 ‘‘(g) ELIGIBLE INSTITUTION DEFINED.—For the 

12 purposes of this subpart, an ‘eligible institution’ means an 

13 institution of higher education that— 

14 ‘‘(1) is a Tribal College or University (as de15 fined in section 316); and 

16 ‘‘(2) offers a postbaccalaureate certificate or 

17 postbaccalaureate degree granting program. 

18 ‘‘SEC. 730. USE OF FUNDS. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) ACTIVITIES.—An eligible institution that 

21 receives a grant under this subpart shall use such 

22 funds to carry out— 

23 ‘‘(A) one or more of the activities described 

24 in subsection (b); or 

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1 ‘‘(B) one or more of the activities de2 scribed in subsection (c). 

3 ‘‘(2) REQUIREMENT.—An eligible institution 

4 that receives a grant under this subpart may not use 

5 such funds for activities under both subsections (b) 

6 and (c). 

7 ‘‘(b) GRADUATE PROGRAM ACTIVITIES.—Grants 

8 awarded under this subpart may be used for one or more 

9 of the following activities promoting postbaccalaureate op10 portunities for American Indian and Alaska Native stu11 dents: 

12 ‘‘(1) Purchase, rental, or lease of scientific or 

13 laboratory equipment for educational purposes, in14 cluding instructional and research purposes. 

15 ‘‘(2) Construction, maintenance, renovation, 

16 and improvement of classrooms, libraries, labora17 tories, and other instructional facilities, including 

18 purchase or rental of telecommunications technology 

19 equipment or services. 

20 ‘‘(3) Purchase of library books, periodicals, 

21 technical and other scientific journals, microfilm, 

22 microfiche, and other educational materials, includ23 ing telecommunications program materials. 

24 ‘‘(4) Support for American Indian and Alaska 

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1 reach, academic support services and mentoring, 

2 scholarships, fellowships, and other financial assist3 ance to permit the enrollment of such students in 

4 postbaccalaureate certificate and postbaccalaureate 

5 degree granting programs. 

6 ‘‘(5) Creating or improving facilities for Inter7 net or other distance education technologies, includ8 ing purchase or rental of telecommunications tech9 nology equipment or services. 

10 ‘‘(6) Collaboration with other institutions of 

11 higher education to expand postbaccalaureate certifi12 cate and postbaccalaureate degree offerings. 

13 ‘‘(7) Other activities proposed in the application 

14 submitted pursuant to section 729 that— 

15 ‘‘(A) contribute to carrying out the pur16 poses of this subpart; and 

17 ‘‘(B) are approved by the Secretary as part 

18 of the review and acceptance of such applica19 tion. 

20 ‘‘(c) FACULTY DEVELOPMENT ACTIVITIES.—Grants 

21 awarded under this subpart may be used for one or more 

22 of the following activities for faculty development: 

23 ‘‘(1) Support of faculty exchanges, faculty de24 velopment, faculty research, curriculum development, 

25 and academic instruction. 

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1 ‘‘(2) Financial support to graduate students 

2 planning to pursue academic careers who desire to 

3 become faculty at Tribal Colleges and Universities. 

4 ‘‘(3) Career services in preparing for an aca5 demic career and identifying opportunities. 

6 ‘‘(4) Developing partnerships between Tribal 

7 Colleges and Universities to facilitate connections 

8 between graduate students and hiring institutions. 

9 ‘‘(5) Faculty recruitment efforts with an em10 phasis on graduates from Tribal Colleges and Uni11 versities and other minority-serving institutions. 

12 ‘‘(6) Recruitment and retention incentives to 

13 allow Tribal Colleges and Universities to make com14 petitive offers to potential faculty, including use of 

15 funds for student loan repayment. 

16 ‘‘(7) Research support for early career faculty. 

17 ‘‘(8) Other activities proposed in the application 

18 submitted pursuant to section 729 that— 

19 ‘‘(A) contribute to carrying out the pur20 poses of this subpart; and 

21 ‘‘(B) are approved by the Secretary as part 

22 of the review and acceptance of such applica23 tion. 

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1 ‘‘SEC. 731. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘There is authorized to be appropriated to carry out 

3 this subpart $5,000,000 for fiscal year 2021 and each of 

4 the 5 succeeding fiscal years.’’. 

5 SEC. 7002. FUND FOR THE IMPROVEMENT OF POSTSEC6 ONDARY EDUCATION. 

7 Section 745 of the Higher Education Act of 1965 (20 

8 U.S.C. 1138d) is amended by striking ‘‘2009’’ and insert9 ing ‘‘2021’’. 

10 SEC. 7003. MINORITY-SERVING INSTITUTIONS INNOVATION 

11 FUND. 

12 Title VII of the Higher Education Act of 1965 (20 

13 U.S.C. 1133 et seq.) is amended by inserting after part 

14 B the following: 

15 ‘‘PART C—FUNDING INNOVATIONS AT MINORITY16 SERVING INSTITUTIONS 

17 ‘‘SEC. 751. PURPOSE. 

18 ‘‘It is the purpose of this part to assist minority-serv19 ing institutions in planning, developing, implementing, 

20 validating, and replicating innovations that provide solu21 tions to persistent challenges in enabling economically and 

22 educationally disadvantaged students to enroll in, persist 

23 through, and graduate from college, including innovations 

24 designed to— 

25 ‘‘(1) increase the successful recruitment at mi26 nority-serving institutions of— 

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1 ‘‘(A) students from low-income families of 

2 all races; 

3 ‘‘(B) students who begin college when over 

4 21 years of age; and 

5 ‘‘(C) military-affiliated students; 

6 ‘‘(2) increase the rate at which students en7 rolled in minority-serving institutions make adequate 

8 or accelerated progress toward graduation, and suc9 cessfully graduate from such institutions; 

10 ‘‘(3) increase the number of students pursuing 

11 and completing degrees in science, technology, engi12 neering, and mathematics at minority-serving insti13 tutions and pursuing graduate work in such fields, 

14 including through the establishment of innovation 

15 ecosystems on the campuses of such institutions; 

16 ‘‘(4) redesign course offerings and other in17 structional strategies at minority-serving institutions 

18 to improve student outcomes and reduce postsec19 ondary education costs; 

20 ‘‘(5) enhance the quality and number of tradi21 tional and alternative route teacher preparation pro22 grams offered by minority-serving institutions; 

23 ‘‘(6) expand the effective use of technology at 

24 minority-serving institutions; and 

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1 ‘‘(7) strengthen postgraduate employment out2 comes for students enrolled in minority-serving insti3 tutions. 

4 ‘‘SEC. 752. DEFINITION. 

5 ‘‘In this part: 

6 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en7 tity’ means— 

8 ‘‘(A) a minority-serving institution; or 

9 ‘‘(B) a consortium of a minority-serving in10 stitution and— 

11 ‘‘(i) one or more other institutions of 

12 higher education; 

13 ‘‘(ii) a private nonprofit organization; 

14 ‘‘(iii) a local educational agency; 

15 ‘‘(iv) a high school that— 

16 ‘‘(I) receives funding under part 

17 A of title I of the Elementary and 

18 Secondary Education Act of 1965 (20 

19 U.S.C. 6311 et seq.); and 

20 ‘‘(II) has been identified for com21 prehensive support and improvement 

22 under section 1111(c)(4)(D)(i) of 

23 such Act (20 U.S.C. 

24 6311(c)(4)(D)(i)); or 

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1 ‘‘(v) any combination of the entities 

2 described in clauses (i) through (iv). 

3 ‘‘(2) MINORITY SERVING INSTITUTION.—The 

4 term ‘minority serving institution’ means an institu5 tion of higher education described in paragraph (1), 

6 (2), (3), (4), (5), (6), or (7) of section 371(a). 

7 ‘‘SEC. 753. GRANTS AUTHORIZED. 

8 ‘‘(a) IN GENERAL.—Except as provided in subsection 

9 (b)(2), with the funds made available for this part under 

10 section 757, the Secretary shall make planning and imple11 mentation grants, as described in subsections (b) and (c), 

12 to eligible entities to enable such entities to plan for the 

13 implementation of, in the case of a planning grant, and 

14 implement, in the case of an implementation grant, inno15 vations described in section 751 and to support the plan16 ning, development, implementation, validation, scaling up, 

17 and replication of such innovations. 

18 ‘‘(b) PLANNING GRANTS.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), with the funds made available under sec21 tion 757 for a fiscal year, the Secretary shall use not 

22 more than 5 percent or $42,500,000 (whichever is 

23 greater) to award planning grants to enable eligible 

24 entities to plan, design, and develop innovations de25 scribed in section 751. 

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1 ‘‘(2) TYPE OF INSTITUTION.—Planning grants 

2 shall be awarded to minority-serving institutions in 

3 proportion to the allocations made in subparagraphs 

4 (A) through (G) of section 757(1). 

5 ‘‘(3) ORDER OF CONSIDERATION.—Subject to 

6 paragraph (2) and the priority described in section 

7 755(a), planning grants shall be awarded to eligible 

8 entities satisfying the application requirements 

9 under section 754 in the order in which received by 

10 the Secretary. 

11 ‘‘(4) DURATION.—A planning grant authorized 

12 under this subsection shall be for the duration of 1 

13 year. 

14 ‘‘(5) GRANT AMOUNTS.—Each planning grant 

15 authorized under this subsection shall be in an 

16 amount that is not more than $150,000. 

17 ‘‘(c) IMPLEMENTATION GRANTS.— 

18 ‘‘(1) IN GENERAL.—With funds made available 

19 for this part under section 757, the Secretary shall 

20 award implementation grants on a competitive basis 

21 to enable eligible entities to further develop, pilot, 

22 field-test, implement, document, validate, and, as ap23 plicable, scale up and replicate, innovations de24 scribed in section 751. 

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1 ‘‘(2) DURATION.—An implementation grant au2 thorized under this subsection shall be for a dura3 tion of 5 years, except that the Secretary may not 

4 continue providing funds under the grant after year 

5 3 of the grant period unless the eligible entity dem6 onstrates that the entity has achieved satisfactory 

7 progress toward carrying out the educational innova8 tions, activities, and projects described in their appli9 cation pursuant to section 754(d), as determined by 

10 the Secretary. 

11 ‘‘(3) GRANT AMOUNT.—Each implementation 

12 grant authorized under this subsection shall be in an 

13 amount sufficient to enable the eligible entity to 

14 achieve the purposes of its proposed activities and 

15 projects, but shall not exceed $10,000,000. 

16 ‘‘(d) SPECIAL RULES FOR CONSORTIUMS.— 

17 ‘‘(1) FISCAL AGENT.— 

18 ‘‘(A) IN GENERAL.—In the case of an eligi19 ble entity applying for a grant under this part 

20 as a consortium, each member of the consor21 tium shall agree on 1 such member of such eli22 gibility entity to serve as a fiscal agent of such 

23 entity. 

24 ‘‘(B) RESPONSIBILITIES.—The fiscal agent 

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1 graph (A), shall act on behalf of such entity in 

2 performing the financial duties of such entity 

3 under this part. 

4 ‘‘(C) WRITTEN AGREEMENT.—The agree5 ment described in subparagraph (A) shall be in 

6 writing and signed by each member of the con7 sortium. 

8 ‘‘(2) SUBGRANTS.—In the case of an eligible 

9 entity applying for a grant under this part as a con10 sortium, the fiscal agent for such entity (as de11 scribed in paragraph (1)) may use the funds pro12 vided by the grant to make subgrants to members 

13 of the consortium. 

14 ‘‘SEC. 754. APPLICATIONS. 

15 ‘‘(a) IN GENERAL.—An eligible entity desiring to re16 ceive a grant under this part shall submit an application 

17 to the Secretary at such time, in such manner, and con18 taining such information as the Secretary may reasonably 

19 require. 

20 ‘‘(b) CONSORTIUM ENTITIES.—An application under 

21 this section which is submitted by an eligible entity apply22 ing as a consortium shall include the written agreement 

23 described in section 753(d)(1)(C). 

24 ‘‘(c) PLANNING GRANTS.—The Secretary shall en25 sure that the application requirements under this section 

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1 for a planning grant authorized under section 753(b) in2 clude, in addition to the requirement in subsection (b) (if 

3 applicable), only those minimal requirements that are nec4 essary to review the proposed process of an eligible entity 

5 for the planning, design, and development of one or more 

6 of the innovations described in section 751. 

7 ‘‘(d) IMPLEMENTATION GRANTS.—An application 

8 under this section for an innovation grant authorized 

9 under section 753(c) shall include, in addition to the re10 quirement under subsection (b) (if applicable), descrip11 tions of— 

12 ‘‘(1) each innovation described in section 751 

13 that the eligible entity would implement using the 

14 funds made available by such grant, including, as 

15 applicable, a description of the evidence base sup16 porting such innovation; 

17 ‘‘(2) how each such innovation will address the 

18 purpose of this part, as described in section 751, 

19 and how each such innovation will further the insti20 tutional or organizational mission of the minority21 serving institution that is part of the eligible entity; 

22 ‘‘(3) the specific activities that the eligible enti23 ty will carry out with funds made available by such 

24 grant, including, in the case of an eligible entity ap25 plying as a consortium, a description of the activities 

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1 that each member of the consortium will carry out 

2 and a description of the capacity of each such mem3 ber to carry out those activities; 

4 ‘‘(4) the performance measures that the eligible 

5 entity will use to track its progress in implementing 

6 each such innovation, including a description of how 

7 the entity will implement those performance meas8 ures and use information on performance to make 

9 adjustments and improvements to its implementa10 tion activities, as needed, over the course of the 

11 grant period; 

12 ‘‘(5) how the eligible entity will provide for an 

13 independent evaluation of the implementation and 

14 impact of the projects funded by such grant, includ15 ing— 

16 ‘‘(A) an interim report (evaluating the 

17 progress made in the first 3 years of the grant); 

18 and 

19 ‘‘(B) a final report (completed at the end 

20 of the grant period); and 

21 ‘‘(6) the plan of the eligible entity for con22 tinuing each proposed innovation after the grant has 

23 ended. 

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1 ‘‘SEC. 755. PRIORITY. 

2 ‘‘(a) PLANNING GRANTS.—In awarding planning 

3 grants under this part, the Secretary shall give priority 

4 to applications that were submitted with respect to the 

5 prior award year, but did not receive a planning grant due 

6 to insufficient funds. 

7 ‘‘(b) IMPLEMENTATION GRANTS.—In awarding im8 plementation grants under this part, the Secretary shall 

9 give— 

10 ‘‘(1) first priority to applications for programs 

11 at minority-serving institutions that have not pre12 viously received an implementation grant under this 

13 part; and 

14 ‘‘(2) second priority to applications that address 

15 issues of major national need, including— 

16 ‘‘(A) innovative partnerships between mi17 nority-serving institutions and local educational 

18 agencies that are designed to increase the en19 rollment of historically underrepresented popu20 lations in higher education; 

21 ‘‘(B) educational innovations designed to 

22 increase the rate of postsecondary degree at23 tainment for populations within minority groups 

24 that have low relative rates of postsecondary de25 gree attainment; 

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1 ‘‘(C) educational innovations that support 

2 programs and initiatives at minority-serving in3 stitutions to enhance undergraduate and grad4 uate programs in science, technology, engineer5 ing, and mathematics; 

6 ‘‘(D) innovative partnerships between mi7 nority-serving institutions and other organiza8 tions to establish innovation ecosystems in sup9 port of economic development, entrepreneur10 ship, and the commercialization of technology 

11 supported by research funded through this 

12 grant; 

13 ‘‘(E) educational innovations that enhance 

14 the quality and number of traditional and alter15 native route teacher preparation programs at 

16 minority-serving institutions to enable teachers 

17 to be highly effective in the classroom and to 

18 enable such programs to meet the demands for 

19 diversity and accountability in teacher edu20 cation; and 

21 ‘‘(F) educational innovations that strength22 en postgraduate employment outcomes of mi23 nority-serving institutions through the imple24 mentation of comprehensive and strategic ca25 reer pathways for students. 

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1 ‘‘SEC. 756. USES OF FUNDS. 

2 ‘‘(a) PLANNING GRANTS.—An eligible entity receiv3 ing a planning grant under section 753(b) shall use funds 

4 made available by such grant to conduct an institutional 

5 planning process that includes— 

6 ‘‘(1) an assessment of the needs of the minor7 ity-serving institution; 

8 ‘‘(2) research on educational innovations de9 scribed in section 751 that will meet the needs de10 scribed in paragraph (1); 

11 ‘‘(3) the selection of one or more such edu12 cational innovations for implementation; 

13 ‘‘(4) an assessment of the capacity of the mi14 nority-serving institution to implement such edu15 cational innovation; and 

16 ‘‘(5) activities to further develop such capacity. 

17 ‘‘(b) IMPLEMENTATION GRANTS.—An eligible entity 

18 receiving an implementation grant under section 753(c) 

19 shall use the funds made available by such grant to further 

20 develop, pilot, field-test, implement, document, validate, 

21 and, as applicable, scale up, and replicate innovations de22 scribed in section 751, such as innovations designed to— 

23 ‘‘(1) create a college-bound culture at secondary 

24 schools (including efforts targeting high-achieving 

25 students from low-income families) through activities 

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1 undertaken in partnership with local educational 

2 agencies and nonprofit organizations, such as— 

3 ‘‘(A) activities that promote postsecondary 

4 school awareness, including recruitment, orga5 nizing campus visits, and providing assistance 

6 with entrance and financial aid application com7 pletion; and 

8 ‘‘(B) postsecondary school preparation ef9 forts such as— 

10 ‘‘(i) aligning high school coursework 

11 and high school graduation requirements 

12 with the requirements for entrance into 

13 credit-bearing coursework at 4-year institu14 tions of higher education; 

15 ‘‘(ii) early identification and support 

16 for students at risk of not graduating from 

17 high school, or at risk of requiring remedi18 ation upon enrolling in postsecondary edu19 cation; and 

20 ‘‘(iii) dual-enrollment programs; 

21 ‘‘(2) improve student achievement, such as 

22 through activities designed to increase the number 

23 or percentage of students who successfully complete 

24 developmental or remedial coursework (which may 

25 be accomplished through the evidence-based redesign 

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1 of such coursework) and pursue and succeed in post2 secondary studies; 

3 ‘‘(3) increase the number of minority males who 

4 attain a postsecondary degree, such as through evi5 dence-based interventions that integrate academic 

6 advising with social and cultural supports and assist7 ance with job placement; 

8 ‘‘(4) increase the number or percentage of stu9 dents who make satisfactory or accelerated progress 

10 toward graduation from postsecondary school and 

11 the number or percentage who graduate from post12 secondary school on time, such as through the provi13 sion of comprehensive academic and nonacademic 

14 student support services. 

15 ‘‘(5) activities to promote a positive climate on 

16 campuses of institutions of higher education and to 

17 increase the sense of belonging among eligible stu18 dents, including through first year support programs 

19 such as mentoring and peer networks and advisories; 

20 ‘‘(6) increase the number or percentage of stu21 dents, particularly students who are members of his22 torically underrepresented populations, who enroll in 

23 science, technology, engineering, and mathematics 

24 courses, graduate with degrees in such fields, and 

25 pursue advanced studies in such fields; 

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1 ‘‘(7) develop partnerships between minority2 serving institutions and other organizations to estab3 lish innovation ecosystems in support of economic 

4 development, entrepreneurship, and the commer5 cialization of technology supported by funded re6 search; 

7 ‘‘(8) implement evidence-based improvements to 

8 courses, particularly high-enrollment courses, to im9 prove student outcomes and reduce education costs 

10 for students, including costs of remedial courses; 

11 ‘‘(9) enhance the quality and number of tradi12 tional and alternative route teacher and school lead13 er preparation programs at minority-serving institu14 tions that enable graduates to be profession-ready 

15 and highly effective in the classroom and to enable 

16 such programs to meet the demands for diversity 

17 and accountability in educator preparation; 

18 ‘‘(10) expand the effective use of technology in 

19 higher education, such as through collaboration be20 tween institutions on implementing technology-en21 abled delivery models (including hybrid models) or 

22 through the use of open educational resources and 

23 digital content; 

24 ‘‘(11) strengthen postgraduate employment out25 comes through the implementation of comprehensive 

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1 and strategic career pathways for students, which 

2 may include aligning curricula with workforce needs, 

3 experiential learning, integration of career services, 

4 and developing partnerships with employers and 

5 business organizations; and 

6 ‘‘(12) provide a continuum of solutions by in7 corporating activities that address multiple objec8 tives described in paragraphs (1) through (11). 

9 ‘‘SEC. 757. AUTHORIZATION OF APPROPRIATIONS. 

10 ‘‘There are authorized to be appropriated to carry out 

11 activities under this part $850,000,000 for fiscal year 

12 2021 and each of the 5 succeeding fiscal years, to be allo13 cated as follows: 

14 ‘‘(1) for institutions described in paragraph (1) 

15 of section 371(a), $224,987,083; 

16 ‘‘(2) for institutions described in paragraph (2) 

17 of section 371(a), $214,446,428; 

18 ‘‘(3) for institutions described in paragraph (3) 

19 of section 371(a), $78,056,743; 

20 ‘‘(4) for institutions described in paragraph (4) 

21 of section 371(a), $20,662,079; 

22 ‘‘(5) for institutions described in paragraph (5) 

23 of section 371(a), $130,859,834; 

24 ‘‘(6) for institutions described in paragraph (6) 

25 of section 371(a), $122,305,533; and 

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1 ‘‘(7) for institutions described in paragraph (7) 

2 of section 371(a), $58,682,300.’’. 

3 SEC. 7004. DEFINITIONS. 

4 Section 760 of the Higher Education Act of 1965 (20 

5 U.S.C. 1140) is amended to read as follows: 

6 ‘‘SEC. 760. DEFINITIONS. 

7 ‘‘In this part: 

8 ‘‘(1) COMPREHENSIVE TRANSITION AND POST9 SECONDARY PROGRAM FOR STUDENTS WITH INTEL10 LECTUAL DISABILITIES.—The term ‘comprehensive 

11 transition and postsecondary program for students 

12 with intellectual disabilities’ means a program that 

13 leads to a degree, certificate, or recognized postsec14 ondary credential issued by an institution of higher 

15 education that meets each of the following require16 ments: 

17 ‘‘(A) Is offered by an institution of higher 

18 education. 

19 ‘‘(B) Is designed to support students with 

20 intellectual disabilities who are seeking to con21 tinue academic, career and technical, and inde22 pendent living instruction at an institution of 

23 higher education in order to prepare for gainful 

24 employment and competitive integrated employ25 ment. 

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1 ‘‘(C) Includes student advising and a pro2 gram of study. 

3 ‘‘(D) Requires students with intellectual 

4 disabilities to participate on not less than a 

5 half-time basis as determined by the institution, 

6 with such participation focusing on academic 

7 and career development components and occur8 ring through one or more of the following ac9 tivities: 

10 ‘‘(i) Regular enrollment in credit-bear11 ing courses with students without disabil12 ities that are offered by the institution. 

13 ‘‘(ii) Auditing or participating in 

14 courses with students without disabilities 

15 that are offered by the institution and for 

16 which the student does not receive regular 

17 academic credit. 

18 ‘‘(iii) Enrollment in noncredit-bearing, 

19 nondegree courses with students without 

20 disabilities. 

21 ‘‘(iv) Participation in internships, reg22 istered apprenticeships, or work-based ex23 periences in competitive integrated settings 

24 for a semester, or multiple semesters. 

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1 ‘‘(E) Requires students with intellectual 

2 disabilities to be socially and academically inte3 grated with students without disabilities to the 

4 maximum extent practicable. 

5 ‘‘(F) Does not require the work compo6 nents (ii) to occur each semester. 

7 ‘‘(2) DISABILITY.—The term ‘disability’ has the 

8 meaning given such term in section 3 of the Ameri9 cans with Disabilities Act of 1990 (42 U.S.C. 

10 12102). 

11 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘institution of higher education’ has the 

13 meaning given such term in section 101. 

14 ‘‘(4) OFFICE OF ACCESSIBILITY.—The term 

15 ‘Office of Accessibility’ has the meaning given to the 

16 office of disability services of the institution or 

17 equivalent office. 

18 ‘‘(5) RECOGNIZED POSTSECONDARY CREDEN19 TIAL.—The term ‘recognized postsecondary creden20 tial’ has the meaning given the term in section 101 

21 of the Workforce Innovation and Opportunity Act. 

22 ‘‘(6) STUDENT WITH AN INTELLECTUAL DIS23 ABILITY.—The term ‘student with an intellectual 

24 disability’ means a student— 

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1 ‘‘(A) with a cognitive impairment, charac2 terized by significant limitations in— 

3 ‘‘(i) intellectual and cognitive func4 tioning; and 

5 ‘‘(ii) adaptive behavior as expressed in 

6 conceptual, social, and practical adaptive 

7 skills; 

8 ‘‘(B) who is currently, or was formerly, eli9 gible for a free appropriate public education 

10 under the Individuals with Disabilities Edu11 cation Act (20 U.S.C. 1400 et seq.); and 

12 ‘‘(C) or, in the case of a student who has 

13 not currently or formerly been found eligible for 

14 a free appropriate education under the Individ15 uals with Disabilities Education Act, or a stu16 dent who has not previously been found eligible 

17 as a student with an intellectual disability 

18 under IDEA, documentation establishing that 

19 the student has an intellectual disability, such 

20 as— 

21 ‘‘(i) a documented comprehensive and 

22 individualized psycho-educational evalua23 tion and diagnosis of an intellectual dis24 ability by a psychologist or other qualified 

25 professional; or 

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1 ‘‘(ii) a record of the disability from a 

2 local or State educational agency, or gov3 ernment agency, such as the Social Secu4 rity Administration or a vocational reha5 bilitation agency, that identifies the intel6 lectual disability.’’. 

7 SEC. 7005. SUPPORTING POSTSECONDARY FACULTY, STAFF, 

8 AND ADMINISTRATORS IN PROVIDING ACCES9 SIBLE EDUCATION. 

10 (a) GRANTS.—Section 762 of the Higher Education 

11 Act of 1965 (20 U.S.C. 1140b) is amended to read as 

12 follows: 

13 ‘‘SEC. 762. GRANTS AUTHORIZED. 

14 ‘‘(a) COMPETITIVE GRANTS AUTHORIZED TO SUP15 PORT POSTSECONDARY FACULTY, STAFF, AND ADMINIS16 TRATORS IN PROVIDING AN ACCESSIBLE EDUCATION.— 

17 ‘‘(1) IN GENERAL.—From amounts appro18 priated under section 765C, the Secretary shall 

19 award grants, on a competitive basis, to institutions 

20 of higher education to enable the institutions to 

21 carry out the activities under subsection (b). 

22 ‘‘(2) AWARDS FOR PROFESSIONAL DEVELOP23 MENT AND TECHNICAL ASSISTANCE.—Not less than 

24 5 grants shall be awarded to institutions of higher 

25 education that provide professional development and 

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1 technical assistance in order to improve access to, 

2 and completion of, postsecondary education for stu3 dents, including students with disabilities. 

4 ‘‘(b) DURATION; ACTIVITIES.— 

5 ‘‘(1) DURATION.—A grant under this section 

6 shall be awarded for a period of 5 years. 

7 ‘‘(2) AUTHORIZED ACTIVITIES.—A grant 

8 awarded under this section shall be used to carry 

9 out one or more of the following activities: 

10 ‘‘(A) TEACHING METHODS AND STRATE11 GIES.—The development and implementation of 

12 training to provide innovative, effective, and evi13 dence-based teaching methods and strategies, 

14 consistent with the principles of universal de15 sign for learning, to provide postsecondary fac16 ulty, staff, and administrators with the skills 

17 and supports necessary to teach and meet the 

18 academic and programmatic needs of students 

19 (including students with disabilities) in order to 

20 improve the retention of such students in, and 

21 the completion by such students of, postsec22 ondary education. Such methods and strategies 

23 may include in-service training, professional de24 velopment, customized and general technical as25 sistance, workshops, summer institutes, disVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tance learning, and training in the use of assist2 ive and educational technology. 

3 ‘‘(B) IMPLEMENTING ACCOMMODATIONS.— 

4 The development and implementation of train5 ing to provide postsecondary faculty, staff, and 

6 administrators methods and strategies of pro7 viding appropriate accommodations consistent 

8 with the principles of universal design for learn9 ing for students with disabilities, including de10 scriptions of legal obligations of the institution 

11 of higher education to provide such accommoda12 tions. 

13 ‘‘(C) EFFECTIVE TRANSITION PRAC14 TICES.—The development and implementation 

15 of innovative, effective, and evidence-based 

16 teaching methods and strategies to provide 

17 postsecondary faculty, staff, and administrators 

18 with the skills and supports necessary to ensure 

19 the successful and smooth transition of stu20 dents with disabilities from secondary school to 

21 postsecondary education. The teaching methods 

22 and strategies may include supporting students 

23 in the development of self-advocacy skills to im24 prove transition to, and completion of, postsec25 ondary education. 

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1 ‘‘(D) DISTANCE LEARNING.—The develop2 ment and implementation of training to provide 

3 innovative, effective, and evidence-based teach4 ing methods and strategies to enable postsec5 ondary faculty, staff, and administrators to pro6 vide accessible distance education programs or 

7 classes that would enhance the access of stu8 dents (including students with disabilities) to 

9 postsecondary education, including the use of 

10 accessible curricula and electronic communica11 tion for instruction and advising that meet the 

12 requirements of section 508 of the Rehabilita13 tion Act of 1973 (29 U.S.C. 794d). 

14 ‘‘(E) CAREER PATHWAY GUIDANCE.—The 

15 development and implementation of effective 

16 and evidence-based teaching methods and strat17 egies to provide postsecondary faculty, staff, 

18 and administrators with the ability to advise 

19 students with disabilities with respect to their 

20 chosen career pathway, which shall include at 

21 least one of the following: 

22 ‘‘(i) Supporting internships, appren23 ticeships, or work-based learning opportu24 nities. 

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1 ‘‘(ii) Counseling on coursework to 

2 meet the recognized educational credential 

3 or recognized postsecondary credential ap4 propriate for the field chosen. 

5 ‘‘(iii) Developing self-advocacy skills 

6 to advocate for appropriate accommoda7 tions once in the workplace. 

8 ‘‘(iv) Support with selecting a career 

9 pathway that leads to competitive, inte10 grated employment. 

11 ‘‘(3) MANDATORY EVALUATION AND DISSEMI12 NATION.—An institution of higher education award13 ed a grant under this section shall evaluate and dis14 seminate to other institutions of higher education 

15 the information obtained through the activities de16 scribed in subparagraphs (A) through (E) of para17 graph (2). 

18 ‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In 

19 awarding grants, contracts, or cooperative agreements 

20 under this section, the Secretary shall consider the fol21 lowing: 

22 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing 

23 an equitable geographic distribution of such awards. 

24 ‘‘(2) RURAL AND URBAN AREAS.—Distributing 

25 such awards to urban and rural areas. 

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1 ‘‘(3) RANGE AND TYPE OF INSTITUTION.—En2 suring that the activities to be assisted are developed 

3 for a range of types and sizes of institutions of high4 er education. 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) INITIAL REPORT.—Not later than one year 

7 after the date of enactment of the College Afford8 ability Act, the Secretary shall prepare and submit 

9 to the authorizing committees, and make available to 

10 the public, a report on all projects awarded grants 

11 under this part, including a review of the activities 

12 and program performance of such projects based on 

13 existing information as of the date of the report. 

14 ‘‘(2) SUBSEQUENT REPORT.—Not later than 

15 five years after the date of the first award of a grant 

16 under this section after the date of enactment of the 

17 College Affordability Act, the Secretary shall prepare 

18 and submit to the authorizing committees, and make 

19 available to the public, a report that— 

20 ‘‘(A) reviews the activities and program 

21 performance of the projects authorized under 

22 subsection (b); and 

23 ‘‘(B) provides guidance and recommenda24 tions on how effective projects can be rep25 licated.’’. 

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1 (b) APPLICATIONS.—Section 763 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1140c) is amended to read 

3 as follows: 

4 ‘‘SEC. 763. APPLICATIONS. 

5 ‘‘Each institution of higher education desiring to re6 ceive a grant under section 762 shall submit an applica7 tion to the Secretary at such time, in such manner, and 

8 accompanied by such information as the Secretary may 

9 require. Each application shall include— 

10 ‘‘(1) a description of the activities authorized 

11 under section 762(b) that the institution proposes to 

12 carry out, and how such institution plans to conduct 

13 such activities in order to further the purposes of 

14 this subpart; 

15 ‘‘(2) a description of how the institution con16 sulted with a broad range of people including stu17 dents with disabilities and individuals with expertise 

18 in disability supports or special education within the 

19 institution to develop activities for which assistance 

20 is sought; 

21 ‘‘(3) a description of how the institution will co22 ordinate and collaborate with the office of accessi23 bility; and 

24 ‘‘(4) a description of the extent to which the in25 stitution will work to replicate the research-based 

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1 and best practices of institutions of higher education 

2 with demonstrated effectiveness in serving students 

3 with disabilities.’’. 

4 SEC. 7006. OFFICE OF ACCESSIBILITY. 

5 Subpart 1 of part D of title VII of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1140a et seq.) is amend7 ed— 

8 (1) by redesignating section 765 as section 

9 765C; 

10 (2) by inserting after section 764 the following: 

11 ‘‘SEC. 765A. OFFICE OF ACCESSIBILITY. 

12 ‘‘(a) ESTABLISHMENT.—Each institution of higher 

13 education shall establish an office of accessibility to de14 velop and implement policies to support students who 

15 enter postsecondary education with disabilities and stu16 dents who acquire a disability while enrolled in an institu17 tion of higher education. 

18 ‘‘(b) DUTIES.—Each office of accessibility shall— 

19 ‘‘(1) inform students, during student orienta20 tion, about services provided at the institution of 

21 higher education, and continually update such infor22 mation through the accessibility office’s website and 

23 other communications to improve accessibility of 

24 such services; 

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1 ‘‘(2) provide information to students regarding 

2 accommodations and modifications provided by the 

3 institution of higher education with respect to in4 ternships, practicums, work-based learning, appren5 ticeships, or other work-related environments that— 

6 ‘‘(A) the student may engage in through 

7 courses; or 

8 ‘‘(B) are necessary for completion of a rec9 ognized educational credential or recognized 

10 postsecondary credential; 

11 ‘‘(3) provide information to students regarding 

12 their legal rights under the Americans with Disabil13 ities Act (42 U.S.C. 12101 et seq.) and section 504 

14 of the Rehabilitation Act (29 U.S.C. 794); and 

15 ‘‘(4) in order to provide appropriate accom16 modations to students with disabilities, carry out the 

17 following: 

18 ‘‘(A) Adopt policies that, at a minimum, 

19 make any of the following documentation sub20 mitted by an individual sufficient to establish 

21 that such individual is an individual with a dis22 ability: 

23 ‘‘(i) Documentation that the indi24 vidual has had an individualized education 

25 program (in this clause referred to as an 

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1 ‘IEP’) in accordance with section 614(d) of 

2 the Individuals with Disabilities Education 

3 Act (20 U.S.C. 1414(d)), including an IEP 

4 that may not be current on the date of the 

5 determination that the individual has a 

6 disability. The office of accessibility may 

7 ask for additional documentation from an 

8 individual who had an IEP but who was 

9 subsequently evaluated and determined to 

10 be ineligible for services under the Individ11 uals with Disabilities Education Act (20 

12 U.S.C. 1400 et seq.), including an indi13 vidual determined to be ineligible during 

14 elementary school. 

15 ‘‘(ii) Documentation describing serv16 ices or accommodations provided to the in17 dividual pursuant to section 504 of the Re18 habilitation Act of 1973 (29 U.S.C. 794) 

19 (commonly referred to as a ‘Section 504 

20 plan’). 

21 ‘‘(iii) A plan or record of service for 

22 the individual from a private school, a local 

23 educational agency, a State educational 

24 agency, or an institution of higher edu25 cation provided in accordance with the 

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1 Americans with Disabilities Act of 1990 

2 (42 U.S.C. 12101 et seq.). 

3 ‘‘(iv) A record or evaluation from a 

4 relevant licensed professional finding that 

5 the individual has a disability. 

6 ‘‘(v) A plan or record of disability 

7 from another institution of higher edu8 cation. 

9 ‘‘(vi) Documentation of a disability 

10 due to service in the uniformed services, as 

11 defined in section 484C(a). 

12 ‘‘(B) Adopt policies that are transparent 

13 and explicit regarding the process by which the 

14 institution determines eligibility for accom15 modations. 

16 ‘‘(C) Disseminate the information de17 scribed in subparagraph (B) to students, par18 ents, and faculty— 

19 ‘‘(i) in an accessible format; 

20 ‘‘(ii) during student orientation; and 

21 ‘‘(iii) by making such information 

22 readily available on a public website of the 

23 institution. 

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1 ‘‘(D) Provide accommodations to students 

2 with mental health disabilities, and students 

3 with disabilities associated with pregnancy. 

4 ‘‘(E) Provide outreach and consult with 

5 students in inclusive higher education. 

6 ‘‘SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND 

7 ACCESSIBILITY. 

8 ‘‘(a) GRANTS AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—From amounts appro10 priated under section 765C, the Secretary may 

11 award grants on a competitive basis to institutions 

12 of higher education to enable the institutions to 

13 carry out the activities described under subsection 

14 (c). 

15 ‘‘(2) DURATION.—A grant under this section 

16 shall be awarded for a period of 5 years. 

17 ‘‘(3) CONSIDERATION IN MAKING AWARDS.—In 

18 awarding grants under this section, the Secretary 

19 shall consider the following: 

20 ‘‘(A) Providing an equitable geographic 

21 distribution of such awards. 

22 ‘‘(B) Ensuring that the activities to be as23 sisted are developed for a range of types and 

24 sizes of institutions of higher education. 

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1 ‘‘(b) APPLICATION.—Each institution of higher edu2 cation desiring to receive a grant under this section shall 

3 submit an application to the Secretary at such time, in 

4 such manner, and accompanied by such information as the 

5 Secretary may require. Each application shall include— 

6 ‘‘(1) a description of how the institution will 

7 carry out the activities under subsection (c); 

8 ‘‘(2) a description of the consultation the insti9 tution has had with a broad range of people within 

10 the institution, including students with disabilities 

11 and individuals with expertise in disability supports 

12 or special education, in developing the information 

13 under paragraph (1); 

14 ‘‘(3) a plan for the sustainability of the pro15 gram after the end of the grant period; and 

16 ‘‘(4) a written business plan for revenue and ex17 penditures to be provided to the Department under 

18 subsection (d). 

19 ‘‘(c) ACTIVITIES.—A grant awarded under this sec20 tion shall be used to— 

21 ‘‘(1) develop and implement across the institu22 tion of higher education, a universal design for 

23 learning framework for course design and instruc24 tional materials to improve campus-wide accessibility 

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1 to instruction, materials, and the learning environ2 ment; or 

3 ‘‘(2) develop or improve distance education 

4 courses consistent with the principles of universal 

5 design for learning to improve accessibility of in6 struction and materials. 

7 ‘‘(d) REPORTS.— 

8 ‘‘(1) GRANT RECIPIENT REPORTS.—An institu9 tion of higher education awarded a grant under this 

10 section shall evaluate and disseminate to other insti11 tutions of higher education, the information obtained 

12 through the activities described in subsection (c). 

13 ‘‘(2) INITIAL REPORT BY SECRETARY.—Not 

14 later than one year after the date of the enactment 

15 of this section, the Secretary shall prepare and sub16 mit to the authorizing committees, and make avail17 able to the public, a report on all projects awarded 

18 grants under this section, including a review of the 

19 activities and program performance of such projects 

20 based on existing information as of the date of the 

21 report. 

22 ‘‘(3) FINAL REPORT BY SECRETARY.—Not later 

23 than 6 years after the date of the first award of a 

24 grant under this section, the Secretary shall prepare 

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1 and submit to the authorizing committees, and make 

2 available to the public, a report that— 

3 ‘‘(A) reviews the activities and program 

4 performance of the projects authorized under 

5 this section; and 

6 ‘‘(B) provides guidance and recommenda7 tions on how effective projects can be rep8 licated.’’; and 

9 (3) by amending section 765C, as so redesig10 nated, by striking ‘‘2009’’ and inserting ‘‘2021’’. 

11 SEC. 7007. POSTSECONDARY PROGRAMS FOR STUDENTS 

12 WITH INTELLECTUAL DISABILITIES. 

13 (a) PURPOSE.—Section 766 of the Higher Education 

14 Act of 1965 (20 U.S.C. 1140f) is amended to read as fol15 lows: 

16 ‘‘SEC. 766. PURPOSE. 

17 ‘‘It is the purpose of this subpart to support inclusive 

18 programs that promote the successful transition of stu19 dents with intellectual disabilities into higher education 

20 and the earning of a recognized educational credential or 

21 recognized postsecondary credential issued by the institu22 tion of higher education.’’. 

23 (b) PROGRAMS FOR STUDENTS WITH INTELLECTUAL

24 DISABILITIES.—Section 767 of the Higher Education Act 

25 of 1965 (20 U.S.C. 1140g) is amended to read as follows: 

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1 ‘‘SEC. 767. INCLUSIVE HIGHER EDUCATION PROGRAMS FOR 

2 STUDENTS WITH INTELLECTUAL DISABIL3 ITIES. 

4 ‘‘(a) GRANTS AUTHORIZED.— 

5 ‘‘(1) IN GENERAL.—From amounts appro6 priated under section 769(a), the Secretary shall an7 nually award grants, on a competitive basis, to insti8 tutions of higher education (or consortia of three or 

9 more institutions of higher education), to enable 

10 such institutions or consortia to create or expand a 

11 comprehensive transition and postsecondary edu12 cation program for students with intellectual disabil13 ities. 

14 ‘‘(2) ELIGIBILITY AND APPROPRIATIONS LIM15 ITS.— 

16 ‘‘(A) RELATION TO OTHER GRANTS.—An 

17 institution of higher education that received a 

18 grant under this section before the date of the 

19 enactment of the College Affordability Act may 

20 not receive an additional grant under this sec21 tion unless— 

22 ‘‘(i) the institution receives a grant as 

23 part of a consortium of three or more in24 stitutions of higher education; or 

25 ‘‘(ii) the grant term of such preceding 

26 grant has ended. 

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1 ‘‘(B) LIMITATION ON AMOUNTS.— 

2 ‘‘(i) INSTITUTION OF HIGHER EDU3 CATION.—A grant under this section made 

4 to an institution of higher education may 

5 not be in an amount greater than 

6 $300,000. 

7 ‘‘(ii) CONSORTIUM.—A grant under 

8 this section made to a consortia of institu9 tions of higher education may not be in an 

10 amount greater than $500,000. 

11 ‘‘(3) ADMINISTRATION.—The program under 

12 this section shall be administered by the office in the 

13 Department that administers other postsecondary 

14 education programs in collaboration with the Office 

15 of Postsecondary Education and the Office of Spe16 cial Education and Rehabilitative Services of the De17 partment of Education. 

18 ‘‘(4) DURATION OF GRANTS.—A grant under 

19 this section shall be awarded for a period of 5 years. 

20 ‘‘(b) APPLICATION.—An institution of higher edu21 cation or a consortium desiring a grant under this section 

22 shall submit an application to the Secretary at such time, 

23 in such manner, and containing such information as the 

24 Secretary may require. 

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1 ‘‘(c) AWARD BASIS.—In awarding grants under this 

2 section, the Secretary shall— 

3 ‘‘(1) provide for an equitable geographic dis4 tribution of such grants; 

5 ‘‘(2) to the extent possible, provide for an equi6 table distribution of such grants between 4–year in7 stitutions of higher education and 2–year institu8 tions of higher education, including community col9 leges; 

10 ‘‘(3) provide grant funds for high-quality, inclu11 sive higher education programs for students with in12 tellectual disabilities, herein after referred to as in13 clusive higher education programs, that will serve 

14 areas that are underserved by programs of this type; 

15 ‘‘(4) in the case of an institution of higher edu16 cation that provides institutionally owned or oper17 ated housing for students attending the institution, 

18 award grants only to such institutions that integrate 

19 students with intellectual disabilities into the hous20 ing offered to students without disabilities or to in21 stitutions that provide such integrated housing 

22 through providing supports to students directly or 

23 through partnerships with other organizations; 

24 ‘‘(5) provide grant funds to encourage involve25 ment of students attending institutions of higher 

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1 education in the fields of special education, general 

2 education, vocational rehabilitation, assistive tech3 nology, or related fields in the program; 

4 ‘‘(6) select applications that— 

5 ‘‘(A) demonstrate an existing comprehen6 sive transition and postsecondary education 

7 program for students with intellectual disabil8 ities that is title IV eligible; or 

9 ‘‘(B) agree to establish such a program; 

10 and 

11 ‘‘(7) give preference to applications submitted 

12 under subsection (b) that agree to incorporate into 

13 the inclusive higher education program for students 

14 with intellectual disabilities carried out under the 

15 grant one or more of the following elements: 

16 ‘‘(A) The formation of a partnership with 

17 any relevant agency serving students with intel18 lectual disabilities, such as a vocational rehabili19 tation agency. 

20 ‘‘(B) Applications that represent geo21 graphically underserved States. 

22 ‘‘(d) USE OF FUNDS; REQUIREMENTS.—An institu23 tion of higher education or consortium receiving a grant 

24 under this section shall— 

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1 ‘‘(1) use the grant funds to establish an inclu2 sive higher education program for students with in3 tellectual disabilities that— 

4 ‘‘(A) serves students with intellectual dis5 abilities; 

6 ‘‘(B) provides individual supports and serv7 ices for the academic and social inclusion of 

8 students with intellectual disabilities in aca9 demic courses, extracurricular activities, and 

10 other aspects of the regular postsecondary pro11 gram, including access to health and mental 

12 health services, offices of accessibility, and 

13 graduation ceremonies; 

14 ‘‘(C) with respect to the students with in15 tellectual disabilities participating in the pro16 gram, provides a focus on— 

17 ‘‘(i) academic and career development; 

18 ‘‘(ii) socialization and inclusion with 

19 the general student population; 

20 ‘‘(iii) independent living skills, includ21 ing self-advocacy skills; and 

22 ‘‘(iv) integrated work experiences and 

23 career skills that lead to competitive inte24 grated employment; 

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1 ‘‘(D) integrates person-centered planning 

2 in the development of the course of study for 

3 each student with an intellectual disability par4 ticipating in the program; 

5 ‘‘(E) plans for the sustainability of the 

6 program after the end of the grant period, with 

7 a written business plan for revenue and expend8 itures to be provided to the Department by the 

9 end of year 3; and 

10 ‘‘(F) awards a degree, certificate, or recog11 nized postsecondary credential for students with 

12 intellectual disabilities upon the completion of 

13 the program; 

14 ‘‘(2) in the case of an institution of higher edu15 cation that provides institutionally owned or oper16 ated housing for students attending the institution 

17 or integrated housing through providing supports to 

18 students directly or through partnerships with other 

19 organizations, provide for the integration of students 

20 with intellectual disabilities into housing offered to 

21 students without disabilities; 

22 ‘‘(3) participate with the coordinating center es23 tablished under section 777(b) in the evaluation of 

24 the program, including by regularly submitting data 

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1 on experiences and outcomes of individual students 

2 participating in the program; and 

3 ‘‘(4) partner with one or more local educational 

4 agencies to support students with intellectual disabil5 ities participating in the program who are eligible 

6 for special education and related services under the 

7 Individuals with Disabilities Education Act (20 

8 U.S.C. 1400 et seq.), including the use of funds 

9 available under part B of such Act (20 U.S.C. 1411 

10 et seq.) to support the participation of such students 

11 in the program. 

12 ‘‘(e) MATCHING REQUIREMENT.—An institution of 

13 higher education (or consortium) that receives a grant 

14 under this section shall provide matching funds toward the 

15 cost of the inclusive higher education program for students 

16 with intellectual disabilities carried out under the grant. 

17 Such matching funds may be provided in cash or in-kind, 

18 and shall be in an amount of not less than 25 percent 

19 of the amount of such costs. 

20 ‘‘(f) DATA COLLECTION AND TRANSMISSION.— 

21 ‘‘(1) IN GENERAL.—An institution or consor22 tium receiving a grant under this section shall col23 lect and transmit to the coordinating center estab24 lished under section 777(b) on an annual basis for 

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1 dent-level information related to the experiences and 

2 outcomes of students who participate in the inclusive 

3 higher education program for students with intellec4 tual disabilities. 

5 ‘‘(2) LONGITUDINAL DATA.—Each grantee shall 

6 collect longitudinal outcome data from each student 

7 participating in the program and transmit such data 

8 to the coordinating center established under section 

9 777(b). Such longitudinal data shall be collected for 

10 every student each year for 5 years after the student 

11 graduates from, or otherwise exits, the program. 

12 ‘‘(3) DATA TO BE COLLECTED.—The program13 level information and data and student-level infor14 mation and data to be collected under this sub15 section shall include— 

16 ‘‘(A) the number and type of postsec17 ondary education courses taken and completed 

18 by the student; 

19 ‘‘(B) academic outcomes; 

20 ‘‘(C) competitive, integrated employment 

21 outcomes; 

22 ‘‘(D) independent living outcomes; and 

23 ‘‘(E) social outcomes, including community 

24 integration. 

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1 ‘‘(4) DISAGGREGATION.—The information de2 termined under paragraph (3) shall be disaggregated 

3 by race, gender, socioeconomic status, Federal Pell 

4 Grant eligibility status, status as a first generation 

5 college student, and veteran or active duty status. 

6 ‘‘(g) REPORT.—Not later than 5 years after the date 

7 of the first grant awarded under this section, the Sec8 retary shall prepare and disseminate a report to the au9 thorizing committees and to the public that— 

10 ‘‘(1) reviews the activities of the inclusive high11 er education programs for students with intellectual 

12 disabilities funded under this section; and 

13 ‘‘(2) provides guidance and recommendations 

14 on how effective programs can be replicated.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

16 769(a) of the Higher Education Act of 1965 (20 U.S.C. 

17 1140i) is amended by striking ‘‘2009’’ and inserting 

18 ‘‘2021’’. 

19 SEC. 7008. NATIONAL TECHNICAL ASSISTANCE CENTER 

20 AND NATIONAL COORDINATING CENTER FOR 

21 INCLUSION OF STUDENTS WITH INTELLEC22 TUAL DISABILITIES. 

23 (a) IN GENERAL.—Section 777 of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1140q) is amended to read 

25 as follows: 

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1 ‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER 

2 AND NATIONAL COORDINATING CENTER FOR 

3 INCLUSION OF STUDENTS WITH INTELLEC4 TUAL DISABILITIES. 

5 ‘‘(a) NATIONAL TECHNICAL ASSISTANCE CENTER.— 

6 ‘‘(1) IN GENERAL.—From amounts appro7 priated under paragraph (5), the Secretary shall 

8 award a grant to, or enter into a contract or cooper9 ative agreement with, an eligible entity to provide 

10 for the establishment and support of a National 

11 Technical Assistance Center. The National Technical 

12 Assistance Center shall carry out the duties set forth 

13 in paragraph (4). 

14 ‘‘(2) ADMINISTRATION.—The program under 

15 this section shall be administered by the office in the 

16 Department that administers other postsecondary 

17 education programs in consultation with the Office 

18 of Special Education and Rehabilitative Services. 

19 ‘‘(3) ELIGIBLE ENTITY.—In this subpart, the 

20 term ‘eligible entity’ means an institution of higher 

21 education, a nonprofit organization, or partnership 

22 of two or more such institutions or organizations, 

23 with demonstrated expertise in— 

24 ‘‘(A) transitioning students with disabil25 ities from secondary school to postsecondary 

26 education; 

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1 ‘‘(B) supporting students with disabilities 

2 in postsecondary education; 

3 ‘‘(C) technical knowledge necessary for the 

4 dissemination of information in accessible for5 mats; and 

6 ‘‘(D) working with diverse types of institu7 tions of higher education, including community 

8 colleges. 

9 ‘‘(4) DUTIES.—The duties of the National 

10 Technical Assistance Center shall include the fol11 lowing: 

12 ‘‘(A) ASSISTANCE TO STUDENTS AND FAM13 ILIES.—The National Technical Assistance 

14 Center shall provide information and technical 

15 assistance to students with disabilities and the 

16 families of students with disabilities to support 

17 students across the broad spectrum of disabil18 ities, including— 

19 ‘‘(i) information to assist individuals 

20 with disabilities who are prospective stu21 dents of an institution of higher education 

22 in planning for postsecondary education 

23 while the students are in secondary school; 

24 ‘‘(ii) information and technical assist25 ance provided to individualized education 

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1 program teams (as defined in section 

2 614(d)(1) of the Individuals with Disabil3 ities Education Act) for secondary school 

4 students with disabilities, and to early out5 reach and student services programs, in6 cluding programs authorized under sub7 parts 2, 4, and 5 of part A of title IV, to 

8 support students across a broad spectrum 

9 of disabilities with the successful transition 

10 to postsecondary education; 

11 ‘‘(iii) research-based supports, serv12 ices, and accommodations which are avail13 able in postsecondary settings, including 

14 services provided by other agencies such as 

15 vocational rehabilitation; 

16 ‘‘(iv) information on student men17 toring and networking opportunities for 

18 students with disabilities; and 

19 ‘‘(v) effective recruitment and transi20 tion programs at postsecondary edu21 cational institutions. 

22 ‘‘(B) ASSISTANCE TO INSTITUTIONS OF

23 HIGHER EDUCATION.—The National Technical 

24 Assistance Center shall provide information and 

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1 ministrators of institutions of higher education 

2 to improve the services provided to, the accom3 modations for, the retention rates of, and the 

4 completion rates of, students with disabilities in 

5 higher education settings, which may include— 

6 ‘‘(i) collection and dissemination of 

7 best and promising practices and materials 

8 for accommodating and supporting stu9 dents with disabilities, including practices 

10 and materials supported by the grants, 

11 contracts, or cooperative agreements au12 thorized under subparts 1, 2, and 3; 

13 ‘‘(ii) development and provision of 

14 training modules for higher education fac15 ulty on exemplary practices for accommo16 dating and supporting postsecondary stu17 dents with disabilities across a range of 

18 academic fields, which may include uni19 versal design for learning and practices 

20 supported by the grants, contracts, or co21 operative agreements authorized under 

22 subparts 1, 2, and 3; and 

23 ‘‘(iii) development of technology-based 

24 tutorials for higher education faculty and 

25 staff, including new faculty and graduate 

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1 students, on best and promising practices 

2 related to support and retention of stu3 dents with disabilities in postsecondary 

4 education. 

5 ‘‘(C) INFORMATION COLLECTION AND DIS6 SEMINATION.—The National Technical Assist7 ance Center shall be responsible for building, 

8 maintaining, and updating a database of dis9 ability support services information with respect 

10 to institutions of higher education, or for ex11 panding and updating an existing database of 

12 disabilities support services information with re13 spect to institutions of higher education. Such 

14 database shall be available to the general public 

15 through a website built to high technical stand16 ards of accessibility practicable for the broad 

17 spectrum of individuals with disabilities. Such 

18 database and website shall include available in19 formation on— 

20 ‘‘(i) disability documentation require21 ments; 

22 ‘‘(ii) support services available; 

23 ‘‘(iii) links to financial aid; 

24 ‘‘(iv) accommodations policies; 

25 ‘‘(v) accessible instructional materials; 

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1 ‘‘(vi) other topics relevant to students 

2 with disabilities; and 

3 ‘‘(vii) the information in the report 

4 described in subparagraph (E). 

5 ‘‘(D) DISABILITY SUPPORT SERVICES.— 

6 The National Technical Assistance Center shall 

7 work with organizations and individuals with 

8 proven expertise related to disability support 

9 services for postsecondary students with disabil10 ities to evaluate, improve, and disseminate in11 formation related to the delivery of high quality 

12 disability support services at institutions of 

13 higher education. 

14 ‘‘(E) REVIEW AND REPORT.—Not later 

15 than three years after the establishment of the 

16 National Technical Assistance Center, and 

17 every two years thereafter, the National Tech18 nical Assistance Center shall prepare and dis19 seminate a report to the Secretary and the au20 thorizing committees analyzing the condition of 

21 postsecondary success for students with disabil22 ities. Such report shall include— 

23 ‘‘(i) a review of the activities and the 

24 effectiveness of the programs authorized 

25 under this part; 

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1 ‘‘(ii) annual enrollment and gradua2 tion rates of students with disabilities in 

3 institutions of higher education from pub4 licly reported data; 

5 ‘‘(iii) recommendations for effective 

6 postsecondary supports and services for 

7 students with disabilities, and how such 

8 supports and services may be widely imple9 mented at institutions of higher education; 

10 ‘‘(iv) recommendations on reducing 

11 barriers to full participation for students 

12 with disabilities in higher education; and 

13 ‘‘(v) a description of strategies with a 

14 demonstrated record of effectiveness in im15 proving the success of such students in 

16 postsecondary education. 

17 ‘‘(F) STAFFING OF THE CENTER.—In hir18 ing employees of the National Technical Assist19 ance Center, the National Technical Assistance 

20 Center shall consider the expertise and experi21 ence of prospective employees in providing 

22 training and technical assistance to practi23 tioners. 

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1 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $10,000,000. 

4 ‘‘(b) THE NATIONAL COORDINATING CENTER FOR

5 INCLUSION OF STUDENTS WITH INTELLECTUAL DISABIL6 ITIES.— 

7 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In 

8 this subsection, the term ‘eligible entity’ means an 

9 entity, or a partnership of entities, that has dem10 onstrated expertise in the fields of— 

11 ‘‘(A) higher education; 

12 ‘‘(B) the education of students with intel13 lectual disabilities; 

14 ‘‘(C) the development of inclusive higher 

15 education programs for students with intellec16 tual disabilities; and 

17 ‘‘(D) evaluation and technical assistance. 

18 ‘‘(2) IN GENERAL.—From amounts appro19 priated under paragraph (7), the Secretary shall 

20 enter into a cooperative agreement, on a competitive 

21 basis, with an eligible entity for the purpose of es22 tablishing a coordinating center for institutions of 

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1 abilities, including institutions participating in 

2 grants authorized under subpart 2 to provide— 

3 ‘‘(A) recommendations related to the devel4 opment of standards for such programs; 

5 ‘‘(B) technical assistance for such pro6 grams; and 

7 ‘‘(C) evaluations for such programs, in8 cluding systematic collection of data on the ex9 periences and outcomes of individuals with in10 tellectual disabilities. 

11 ‘‘(3) ADMINISTRATION.—The program under 

12 this subsection shall be administered by the Office of 

13 Postsecondary Education, in collaboration with the 

14 Office of Special Education and Rehabilitative Serv15 ices. 

16 ‘‘(4) DURATION.—The Secretary shall enter 

17 into a cooperative agreement under this subsection 

18 for a period of five years. 

19 ‘‘(5) REQUIREMENTS OF COOPERATIVE AGREE20 MENT.—The eligible entity entering into a coopera21 tive agreement under this subsection shall establish 

22 and maintain a coordinating center that shall— 

23 ‘‘(A) serve as the technical assistance enti24 ty for all inclusive higher education programs 

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1 ondary programs for students with intellectual 

2 disabilities; 

3 ‘‘(B) provide technical assistance regarding 

4 the development, evaluation, and continuous im5 provement of such programs; 

6 ‘‘(C) evaluate such programs using quali7 tative and quantitative methodologies for meas8 uring program strengths in the areas of aca9 demic access, academic enrichment, socializa10 tion, competitive integrated employment, attain11 ment of a degree, certificate, or recognized 

12 postsecondary credential, and independent liv13 ing; 

14 ‘‘(D) evaluate participant progress by cre15 ating and maintaining a database of student16 level information and data related to the experi17 ences and outcomes of youth who participate in 

18 each inclusive higher education program that 

19 receives a grant under this subpart; 

20 ‘‘(E) create and maintain a mechanism for 

21 continuing to collect outcome information from 

22 students who participated in inclusive higher 

23 education programs that were developed in pre24 vious grant award cycles; 

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1 ‘‘(F) assist recipients of a grant under this 

2 subpart in efforts to award a degree, certificate, 

3 or recognized postsecondary credential; 

4 ‘‘(G) create and maintain a database of 

5 student and program level data reflecting imple6 mentation of the inclusive higher education pro7 gram that receives a grant under this subpart; 

8 ‘‘(H) create and maintain a mechanism to 

9 consolidate follow up data on student outcomes 

10 collected by inclusive higher education programs 

11 funded through previous grant cycles; 

12 ‘‘(I) assist recipients of grants under sub13 part 2 in efforts to award a degree, certificate, 

14 or recognized postsecondary credential to stu15 dents with intellectual disabilities upon the 

16 completion of such programs; 

17 ‘‘(J) identify model memoranda of agree18 ment for use between or among institutions of 

19 higher education and State and local agencies 

20 providing funding for such programs; 

21 ‘‘(K) develop recommendations for the nec22 essary components of such programs, such as— 

23 ‘‘(i) academic, career and technical, 

24 social, and independent living skills; 

25 ‘‘(ii) evaluation of student progress; 

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1 ‘‘(iii) program administration and 

2 evaluation; 

3 ‘‘(iv) student eligibility; 

4 ‘‘(v) issues regarding the equivalency 

5 of a student’s participation in such pro6 grams to semester, trimester, quarter, 

7 credit, or clock hours at an institution of 

8 higher education, as the case may be; and 

9 ‘‘(vi) access to student housing for 

10 students participating in the inclusive 

11 higher education programs, including ac12 commodations and services that support 

13 independent living; 

14 ‘‘(L) review and analyze— 

15 ‘‘(i) the impact of State and Federal 

16 policy on inclusive higher education legisla17 tion; and 

18 ‘‘(ii) funding streams for such pro19 grams; 

20 ‘‘(M) provide recommendations regarding 

21 the funding streams described in paragraph 

22 (H)(ii); 

23 ‘‘(N) develop mechanisms for regular com24 munication, outreach and dissemination of in25 formation about inclusive higher education proVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 grams for students with intellectual disabilities 

2 under subpart 2 between or among such pro3 grams and to families and prospective students; 

4 ‘‘(O) host a meeting of all recipients of 

5 grants under subpart 2 not less often than once 

6 each year; and 

7 ‘‘(P) convene a work group to continue the 

8 development of and recommendations for model 

9 criteria, standards, and components of inclusive 

10 higher education programs and comprehensive 

11 transition and postsecondary programs for stu12 dents with intellectual disabilities, that are ap13 propriate for the development of accreditation 

14 standards— 

15 ‘‘(i) which work group shall include— 

16 ‘‘(I) an expert in community col17 lege education; 

18 ‘‘(II) an expert in career tech19 nical education; 

20 ‘‘(III) an expert in 4–year insti21 tutions of higher education; 

22 ‘‘(IV) an expert in special edu23 cation; 

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1 ‘‘(V) a disability organization 

2 that represents students with intellec3 tual disabilities; 

4 ‘‘(VI) a representative from the 

5 National Advisory Committee on In6 stitutional Quality and Integrity; and 

7 ‘‘(VII) a representative of a re8 gional or national accreditation agen9 cy or association; and 

10 ‘‘(ii) the work group will carry out the 

11 following activities— 

12 ‘‘(I) conduct outreach to accred13 iting agencies; 

14 ‘‘(II) develop a technical guid15 ance document to support implemen16 tation of the model standards; 

17 ‘‘(III) develop and conduct a pro18 tocol for implementing the model 

19 standards; and 

20 ‘‘(IV) update recommendations 

21 for the model standards, criteria, and 

22 components of such programs, as ap23 plicable. 

24 ‘‘(6) REPORT.—Not later than 5 years after the 

25 date of the establishment of the coordinating center 

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1 under this subsection, the coordinating center shall 

2 report to the Secretary, the authorizing committees, 

3 and the National Advisory Committee on Institu4 tional Quality and Integrity on the activities de5 scribed in paragraph (5). 

6 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated to carry out 

8 this subsection such sums as may be necessary for 

9 fiscal year 2021 and each of the five succeeding fis10 cal years.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 778 of the Higher Education Act of 1965 (20 U.S.C. 

13 1140r) is repealed. 

14 SEC. 7009. FORMULA GRANTS TO STATES TO IMPROVE 

15 HIGHER EDUCATION OPPORTUNITIES FOR 

16 FOSTER YOUTH AND HOMELESS YOUTH. 

17 Title VII of the Higher Education Act of 1965 (20 

18 U.S.C. 1133 et seq.) is further amended by adding at the 

19 end the following new part: 

20 ‘‘PART F—GRANTS FOR IMPROVING ACCESS TO 

21 AND SUCCESS IN HIGHER EDUCATION FOR 

22 FOSTER YOUTH AND HOMELESS YOUTH 

23 ‘‘SEC. 791. DEFINITIONS. 

24 ‘‘In this part: 

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1 ‘‘(1) FOSTER YOUTH.—The term ‘foster 

2 youth’— 

3 ‘‘(A) means an individual whose care and 

4 placement is the responsibility of the State or 

5 tribal agency that administers a State or tribal 

6 plan under part B or E of title IV of the Social 

7 Security Act (42 U.S.C. 621 et seq.; 670 et 

8 seq.), without regard to whether foster care 

9 maintenance payments are made under section 

10 472 of such Act (42 U.S.C. 672) on behalf of 

11 the individual; and 

12 ‘‘(B) includes any individual— 

13 ‘‘(i) whose care and placement was 

14 the responsibility of such a State or tribal 

15 agency when, or at any time after, the in16 dividual attained 13 years of age, without 

17 regard to whether foster care maintenance 

18 payments were made under section 472 of 

19 such Act (42 U.S.C. 672) on behalf of the 

20 individual; and 

21 ‘‘(ii) who is no longer under the care 

22 and responsibility of such a State or tribal 

23 agency, without regard to any subsequent 

24 adoption, guardianship arrangement, or 

25 other form of permanency option. 

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1 ‘‘(2) HOMELESS YOUTH.—The term ‘homeless 

2 youth’ has the meaning given the term ‘homeless 

3 children and youths’ in section 725 of the McKin4 ney-Vento Homeless Assistance Act (42 U.S.C. 

5 11434a). 

6 ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.— 

7 The terms ‘Indian Tribe’ and ‘tribal organization’ 

8 have the meanings given the terms in section 4 of 

9 the Indian Self-Determination and Education Assist10 ance Act (25 U.S.C. 5304). 

11 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 

12 The term ‘institution of higher education’ has the 

13 meaning given the term in section 101. 

14 ‘‘(5) STATE.—The term ‘State’ means each of 

15 the several States and the District of Columbia. 

16 ‘‘(6) TERRITORY.—The term ‘territory’ means 

17 Puerto Rico, United States Virgin Islands, Guam, 

18 American Samoa, and the Commonwealth of the 

19 Northern Mariana Islands, the Republic of the Mar20 shall Islands, the Federated States of Micronesia, 

21 and the Republic of Palau. 

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1 ‘‘SEC. 792. FORMULA GRANTS TO STATES TO IMPROVE AC2 CESS TO AND SUCCESS IN HIGHER EDU3 CATION FOR FOSTER YOUTH AND HOMELESS 

4 YOUTH. 

5 ‘‘(a) GRANT PROGRAM ESTABLISHED.—From the 

6 amount appropriated under subsection (h), the Secretary 

7 shall make allotments under subsection (b), to States hav8 ing applications approved under subsection (c), to enable 

9 each State to— 

10 ‘‘(1) carry out the Statewide transition initia11 tive described in subsection (d); and 

12 ‘‘(2) make subgrants described in subsection 

13 (e). 

14 ‘‘(b) ALLOCATIONS.— 

15 ‘‘(1) FORMULA.— 

16 ‘‘(A) RESERVATION FOR INDIAN TRIBES

17 AND TERRITORIES.— 

18 ‘‘(i) IN GENERAL.—From the amount 

19 appropriated under subsection (h) for a 

20 fiscal year and subject to clause (ii), the 

21 Secretary shall reserve— 

22 ‘‘(I) not more than 3 percent for 

23 grants to Indian Tribes, consortia of 

24 Indian Tribes, or Tribal organiza25 tions; and 

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1 ‘‘(II) not more than 2 percent for 

2 grants to territories. 

3 ‘‘(ii) REQUIREMENTS.—In awarding 

4 grants under this subparagraph, the Sec5 retary— 

6 ‘‘(I) shall not award a grant 

7 under subclause (I) or (II) of clause 

8 (i) for a fiscal year for which no In9 dian Tribe (or consortium of Indian 

10 Tribes) or Tribal organization, or ter11 ritory, respectively, submits a satisfac12 tory application for a grant under 

13 such subclause; 

14 ‘‘(II) shall require that any In15 dian Tribe, consortium, Tribal organi16 zation, or territory that receives a 

17 grant under this subparagraph pro18 vide an assurance of a partnership 

19 among relevant education, child wel20 fare, and homeless agencies or organi21 zations; and 

22 ‘‘(III) may determine any other 

23 requirements with respect to such 

24 grants (including the allocation, appli25 cation, and use of fund requirements), 

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1 which to the extent possible, shall be 

2 consistent with the requirements for 

3 States under this part, except that ap4 propriate adjustments shall be made 

5 based on the needs and size of popu6 lations served by the Indian Tribe, 

7 consortium, Tribal organization, or 

8 territory applying for the grant. 

9 ‘‘(B) RESERVATION FOR DEPARTMENT AC10 TIVITIES.—From the amount appropriated 

11 under subsection (h) for a fiscal year, the Sec12 retary may reserve— 

13 ‘‘(i) not more than 7 percent to— 

14 ‘‘(I) provide technical assistance, 

15 in consultation with Secretary of 

16 Health and Human Services, to 

17 States carrying out activities under 

18 this section; and 

19 ‘‘(II) complete the evaluations re20 quired by subsection (g)(1); and 

21 ‘‘(ii) not more than 3 percent for ad22 ministrative expenses. 

23 ‘‘(C) ALLOCATIONS.—From the amount 

24 appropriated under subsection (h) for a fiscal 

25 year and remaining after the Secretary reserves 

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1 funds under subparagraphs (A) and (B), the 

2 Secretary shall allocate to each State the great3 er of— 

4 ‘‘(i) $500,000; or 

5 ‘‘(ii) the amount that bears the same 

6 proportion to the remaining appropriated 

7 amount for such fiscal year as the number 

8 of foster youth and homeless youth in the 

9 State bears to the number of foster youth 

10 and homeless youth in all States. 

11 ‘‘(D) RATABLE REDUCTION.—If the 

12 amount appropriated under subsection (h) for a 

13 fiscal year and remaining after the Secretary 

14 reserves funds under subparagraphs (A) and 

15 (B) is less than the amount required to be allo16 cated to States under subparagraph (C), then 

17 the amount of the allocation to each State shall 

18 be ratably reduced. 

19 ‘‘(2) STATE RESERVATION.—From the amounts 

20 awarded a State under paragraph (1)(C) for a fiscal 

21 year, the State may reserve not more than 5 percent 

22 for administrative expenses. 

23 ‘‘(3) TEMPORARY INELIGIBILITY FOR SUBSE24 QUENT PAYMENTS.— 

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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 determine a State to be temporarily ineligible to 

3 receive a grant payment under this subsection 

4 for a fiscal year if— 

5 ‘‘(i) the State fails to submit an an6 nual report under subsection (f) for the 

7 preceding fiscal year; or 

8 ‘‘(ii) the Secretary determines, based 

9 on information in such annual report, that 

10 the State is not effectively— 

11 ‘‘(I) meeting the outcomes de12 scribed in the application of such 

13 State under subsection (c)(2)(C), and 

14 does not have a plan to improve the 

15 outcomes; 

16 ‘‘(II) monitoring and evaluating 

17 the activities under subsections (d) 

18 and (e); or 

19 ‘‘(III) using funds as required 

20 under subsections (d) and (e). 

21 ‘‘(B) REINSTATEMENT.—If the Secretary 

22 determines that a State is ineligible under sub23 paragraph (A), the Secretary may enter into an 

24 agreement with the State setting forth the 

25 terms and conditions under which the State 

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1 may regain eligibility to receive payments under 

2 this section. 

3 ‘‘(c) APPLICATIONS.— 

4 ‘‘(1) IN GENERAL.—For each fiscal year for 

5 which a State desires an allotment under subsection 

6 (b), the State shall submit an application to the Sec7 retary at such time, in such manner, and containing 

8 the information described in paragraph (2). 

9 ‘‘(2) INFORMATION REQUIRED.—An application 

10 submitted under paragraph (1) shall include the fol11 lowing: 

12 ‘‘(A) A plan for how the State will carry 

13 out the activities under subsections (d) and (e). 

14 ‘‘(B) A description of the State’s capacity 

15 to carry out such activities. 

16 ‘‘(C) A description of intended outcomes 

17 for such activities. 

18 ‘‘(D) A plan for how the State will monitor 

19 and evaluate such activities, including how the 

20 State will use data to continually update and 

21 improve such activities. 

22 ‘‘(E) A description of how students will be 

23 identified and recruited for participation in the 

24 Statewide transition initiative under subsection 

25 (d). 

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1 ‘‘(F) An estimate of the number and char2 acteristics of the populations targeted for par3 ticipation in the Statewide transition initiative 

4 under subsection (d) with attention to the di5 verse needs of homeless youth and foster youth 

6 in the State. 

7 ‘‘(G) A description of how the State will 

8 coordinate services provided under the grant 

9 with services provided to foster youth and 

10 homeless youth under the McKinney-Vento 

11 Homeless Assistance Act (42 U.S.C. 11301 et 

12 seq.), the Elementary and Secondary Education 

13 Act of 1965 (20 U.S.C. 6301 et seq.), the Run14 away and Homeless Youth Act (42 U.S.C. 5701 

15 et seq.), and other services provided to foster 

16 youth and homeless youth by the State. 

17 ‘‘(H) An assurance that the State will 

18 comply with subtitle B of title VII of the 

19 McKinney-Vento Homeless Assistance Act (42 

20 U.S.C. 11431 et seq.). 

21 ‘‘(I) An assurance that the State will part22 ner with State educational agencies, local edu23 cational agencies, institutions of higher edu24 cation, State and local child welfare authorities, 

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1 and other relevant organizations that serve fos2 ter youth or homeless youth. 

3 ‘‘(J) An assurance that the State will sub4 mit the annual report required under subsection 

5 (f). 

6 ‘‘(K) A budgetary analysis of the use of 

7 funds awarded under this section. 

8 ‘‘(L) Such other information as the Sec9 retary may require. 

10 ‘‘(d) STATEWIDE TRANSITION INITIATIVE.— 

11 ‘‘(1) USE OF FUNDS.—Subject to subsection 

12 (b)(2), and in consultation and coordination with the 

13 entities described in paragraph (2) of this sub14 section, a State receiving a grant award under this 

15 section shall use not less than 25 percent of the 

16 funds to— 

17 ‘‘(A) provide intensive outreach and sup18 port to foster youth and homeless youth to— 

19 ‘‘(i) improve the understanding and 

20 preparation of such youth for enrollment in 

21 institutions of higher education; 

22 ‘‘(ii) increase the number of applica23 tions to institutions of higher education 

24 submitted by such youth; and 

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1 ‘‘(iii) increase the number of enroll2 ments at institutions of higher education; 

3 ‘‘(B) provide education to foster youth and 

4 homeless youth with respect to— 

5 ‘‘(i) the benefits and opportunities of 

6 postsecondary education; 

7 ‘‘(ii) planning for postsecondary edu8 cation; 

9 ‘‘(iii) financial aid opportunities that 

10 assist youth with covering the cost of at11 tendance of an institution of higher edu12 cation; 

13 ‘‘(iv) the Federal and State services 

14 and benefits available to foster youth and 

15 homeless youth while enrolled at an insti16 tution of higher education, including health 

17 and mental health services; 

18 ‘‘(v) career exploration; and 

19 ‘‘(vi) financial literacy training, in20 cluding security from identity theft; 

21 ‘‘(C) assist foster youth and homeless 

22 youth with submitting applications for— 

23 ‘‘(i) enrollment at an institution of 

24 higher education; 

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1 ‘‘(ii) financial aid for such enrollment; 

2 and 

3 ‘‘(iii) scholarships available for such 

4 students, including under a State edu5 cational and training voucher program re6 ferred to in section 477(i) of the Social Se7 curity Act; and 

8 ‘‘(D) provide free programming, which may 

9 include free transportation to and from such 

10 programming, for foster youth and homeless 

11 youth to prepare such individuals socially and 

12 academically for the rigors of postsecondary 

13 education during the summer before such indi14 viduals first attend an institution of higher edu15 cation. 

16 ‘‘(2) REQUIRED CONSULTATION AND COORDI17 NATION.—In carrying out the activities described in 

18 paragraph (1), a State shall consult and coordinate 

19 with State educational agencies, local educational 

20 agencies, institutions of higher education, State and 

21 local child welfare authorities, and other relevant or22 ganizations that serve foster youth or homeless 

23 youth. 

24 ‘‘(e) SUBGRANTS TO CREATE INSTITUTIONS OF EX25 CELLENCE.— 

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1 ‘‘(1) IN GENERAL.—Subject to the subsection 

2 (b)(2), a State receiving a grant under this section 

3 shall, acting through the administering State agen4 cy, use not less than 70 percent of the funds to 

5 award, on a competitive basis, subgrants to eligible 

6 institutions to enable such institutions to become in7 stitutions of excellence by improving college access, 

8 retention, and completion rates for foster and home9 less youth as described in paragraph (3). 

10 ‘‘(2) APPLICATION.— 

11 ‘‘(A) IN GENERAL.—An eligible institution 

12 desiring a subgrant under this subsection shall 

13 submit an application to the State in which 

14 such eligible institution is located, at such time, 

15 in such manner, and containing such informa16 tion as the State may require. 

17 ‘‘(B) TECHNICAL ASSISTANCE.—States 

18 shall provide outreach and technical assistance 

19 to eligible institutions with respect to applica20 tions for subgrants under this subsection. 

21 ‘‘(3) ACTIVITIES.—An eligible institution that 

22 receives a grant under this subsection shall use the 

23 grant funds to carry out the following activities with 

24 respect to homeless youth and foster youth: 

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1 ‘‘(A) Provide flexibility and assistance in 

2 completing the application process to enroll at 

3 such institution. 

4 ‘‘(B) Coordinate programs with relevant 

5 on- and off-campus stakeholders to increase the 

6 enrollment of such youth at the institution and 

7 align services at the institution for such youth. 

8 ‘‘(C) Adjust the cost of attendance for 

9 such youth at such eligible institution to include 

10 the cost of housing during periods of non-enroll11 ment. 

12 ‘‘(D) Provide institutional aid to such stu13 dents to meet the cost of attendance that is not 

14 covered by other Federal or State educational 

15 grants. 

16 ‘‘(E) Provide outreach to such students to 

17 ensure that such youth are aware of housing re18 sources available during periods of non-enroll19 ment. 

20 ‘‘(F) Subsidize any fees for such students 

21 associated with orientation and offer free trans22 portation to college orientation or move-in week. 

23 ‘‘(G) Hire and provide training for at least 

24 one full-time staff at the eligible institution to 

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1 agement services and monthly face-to-face 

2 meetings with students who are foster youth or 

3 homeless youth. Such individual shall have an 

4 advanced degree and at least two years of rel5 evant experience. 

6 ‘‘(H) Establish or enhance campus support 

7 programs to provide such students with a wide8 range of on-campus services including— 

9 ‘‘(i) assistance with financial aid; 

10 ‘‘(ii) career advice; and 

11 ‘‘(iii) leadership development. 

12 ‘‘(I) Ensure the availability of robust stu13 dent health services (physical and mental) that 

14 meet the specific needs of foster youth and 

15 homeless youth. 

16 ‘‘(J) Establish or expand early alert sys17 tems to identify and support such students who 

18 may be struggling academically. 

19 ‘‘(K) For each such student with reason20 able, unanticipated expenses that would not be 

21 covered by the institutional aid provided under 

22 subparagraph (D) and that would be necessary 

23 for the student to persist in college during an 

24 academic year, provide the student with access 

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1 to an emergency grant to help cover such ex2 penses. 

3 ‘‘(L) Collect, review, and monitor data for 

4 program improvement. 

5 ‘‘(4) RELIANCE ON INSTITUTIONAL AID.—Any 

6 institutional aid provided to a student under para7 graph (3)(D) by an eligible institution during the 

8 grant period of the institution’s grant under this 

9 section shall continue to be provided during the stu10 dent’s continuous enrollment at the institution, with11 out regard to whether the grant period ends during 

12 such enrollment. 

13 ‘‘(5) DEFINITIONS.—In this subsection: 

14 ‘‘(A) ADMINISTERING STATE AGENCY.— 

15 The term ‘administering State agency’ means a 

16 State agency— 

17 ‘‘(i) designated by the Governor or ex18 ecutive of the State to administer the sub19 grants under this subsection; and 

20 ‘‘(ii) that, with respect to such State, 

21 has jurisdiction over— 

22 ‘‘(I) foster youth; 

23 ‘‘(II) homeless youth; 

24 ‘‘(III) elementary and secondary 

25 education; or 

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1 ‘‘(IV) higher education. 

2 ‘‘(B) ELIGIBLE INSTITUTION.—The term 

3 ‘eligible institution’ means an institution of 

4 higher education— 

5 ‘‘(i) that is in partnership with— 

6 ‘‘(I) the State child welfare agen7 cy that is responsible for the adminis8 tration of the State plan under part B 

9 or E of title IV of the Social Security 

10 Act (42 U.S.C. 621 et seq.; 670 et 

11 seq.); and 

12 ‘‘(II) an organization that serves 

13 homeless youth (such as a youth shel14 ter or outreach program); and 

15 ‘‘(ii) that may partner with any other 

16 provider, agency, official, or entity that 

17 serves foster youth and homeless youth, or 

18 former foster youth and homeless youth. 

19 ‘‘(f) STATE REPORTS.—For each year in which a 

20 State receives an allotment under subsection (b), the State 

21 shall prepare and submit a report to the Secretary that 

22 includes— 

23 ‘‘(1) each activity or service that was carried 

24 out under this section; 

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1 ‘‘(2) the cost of providing each such activity or 

2 service; 

3 ‘‘(3) the number of students who received each 

4 activity or service disaggregated by each subgroup of 

5 students described in subclauses (I) through (VI) of 

6 section 1111(b)(2)(B)(xi) of the Elementary and 

7 Secondary Education Act of 1965 (20 U.S.C. 

8 6311(b)(2)(B)(xi)); 

9 ‘‘(4) using qualitative and quantitative analysis, 

10 how the State— 

11 ‘‘(A) improved access to higher education 

12 for foster youth and homeless youth; and 

13 ‘‘(B) measured youth satisfaction with ac14 tivities carried out under this part; 

15 ‘‘(5) an analysis of the implementation and 

16 progress of the Statewide transition initiative under 

17 subsection (d), including challenges and changes 

18 made to the initiative throughout the preceding year; 

19 ‘‘(6) if, based on the analysis under paragraph 

20 (5), the State determines that the program is not on 

21 track to meet the intended outcomes described in the 

22 application of the State under subsection (c)(2)(C), 

23 a description of how the State plans to meet such 

24 intended outcomes; and 

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1 ‘‘(7) information on the eligible institutions re2 ceiving subgrants, including how such institutions 

3 used subgrant funds to carry out the activities de4 scribed in subsection (e)(3). 

5 ‘‘(g) DEPARTMENT ACTIVITIES.— 

6 ‘‘(1) EVALUATIONS.—Beginning on the date on 

7 which funds are first allotted under subsection (b), 

8 and annually thereafter, the Secretary shall evaluate 

9 recipients of allotments and subgrants under this 

10 section. The results of such evaluations shall be 

11 made publicly available on the website of the De12 partment. 

13 ‘‘(2) REPORT TO CONGRESS.—Not later than 1 

14 year after the date on which funds are first allocated 

15 under subsection (b), and annually thereafter, the 

16 Secretary shall submit a report to Congress that in17 cludes— 

18 ‘‘(A) the amount of each allotment under 

19 subsection (b); 

20 ‘‘(B) the amount of each subgrant under 

21 subsection (e); and 

22 ‘‘(C) with respect to the year for which 

23 such report is made, the results of the evalua24 tions under paragraph (1). 

25 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 there are authorized to be appropriated to carry out 

3 this part $150,000,000 for fiscal year 2021 and 

4 each of the 5 succeeding fiscal years. 

5 ‘‘(2) ADJUSTMENT FOR INFLATION.— 

6 ‘‘(A) IN GENERAL.—The amount author7 ized to be appropriated under paragraph (1) for 

8 fiscal year 2022 and each of the 4 succeeding 

9 fiscal years shall be deemed increased by the 

10 annual adjustment percentage. 

11 ‘‘(B) DEFINITION.—In this paragraph, the 

12 term ‘annual adjustment percentage’, as applied 

13 to a fiscal year, means the estimated percentage 

14 change in the Consumer Price Index (as deter15 mined by the Secretary, using the definition in 

16 section 478(f)) for the most recent calendar 

17 year ending before the beginning of that fiscal 

18 year.’’. 

19 TITLE VIII—ADDITIONAL 

20 PROGRAMS 

21 SEC. 8001. RONALD V. DELLUMS MEMORIAL STEAM SCHOL22 ARS PROGRAM. 

23 Part B of title VIII of the Higher Education Act of 

24 1965 (20 U.S.C. 1161b) is amended to read as follows: 

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1 ‘‘PART B—RONALD V. DELLUMS MEMORIAL STEAM 

2 SCHOLARS

3 ‘‘SEC. 802. RONALD V. DELLUMS MEMORIAL STEAM SCHOL4 ARS PROGRAM. 

5 ‘‘(a) PROGRAM AUTHORIZED.— 

6 ‘‘(1) GRANTS FOR SCHOLARSHIPS.—The Sec7 retary shall award grants under this section to insti8 tutions of higher education (as defined in section 

9 101) to provide scholarships to eligible students for 

10 the purpose of enabling such students to enter into 

11 the STEAM workforce and increasing the number of 

12 underrepresented students in STEAM fields. 

13 ‘‘(2) ELIGIBLE STUDENTS.—A student is eligi14 ble for a scholarship under this section if the stu15 dent— 

16 ‘‘(A) meets the requirements of section 

17 484(a); 

18 ‘‘(B) is an at least half-time student who 

19 has completed at least the first year of under20 graduate study; 

21 ‘‘(C) is enrolled in a program of under22 graduate instruction leading to a bachelor’s de23 gree at the institution with a major in a 

24 STEAM field; and 

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1 ‘‘(D) has obtained a cumulative grade 

2 point average of at least a 3.0 (or the equiva3 lent as determined under regulations prescribed 

4 by the Secretary) at the end of the most re5 cently completed term. 

6 ‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Sec7 retary shall set a priority for awarding scholarships 

8 under this section for students agreeing to work 

9 after graduation in a STEAM field. 

10 ‘‘(4) STUDENTS FROM MINORITY-SERVING IN11 STITUTIONS AND HISTORICALLY BLACK COLLEGES

12 AND UNIVERSITIES.—The Secretary shall ensure 

13 that not fewer than 50 percent of the scholarships 

14 awarded under this section are awarded to eligible 

15 students who attend historically Black colleges and 

16 universities and other minority-serving institutions, 

17 including Hispanic-serving institutions, Asian Amer18 ican and Native American Pacific Islander-serving 

19 institutions, American Indian Tribally controlled col20 leges and universities, Alaska Native and Native Ha21 waiian-serving institutions, Predominantly Black In22 stitutions, and Native American-serving, Nontribal 

23 institutions. 

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1 ‘‘(5) AMOUNT AND DURATION OF SCHOLAR2 SHIP.—Scholarship amounts awarded under this sec3 tion shall not exceed— 

4 ‘‘(A) $10,000 per student for an academic 

5 year; and 

6 ‘‘(B) $40,000 per student in the aggregate. 

7 ‘‘(b) MATCHING REQUIREMENT.—In order to receive 

8 a grant under this section, an institution of higher edu9 cation shall provide matching funds for the scholarships 

10 awarded under this section in an amount equal to 25 per11 cent of the Federal funds received. 

12 ‘‘(c) APPLICATION.—An institution that desires a 

13 grant under this section shall submit an application to the 

14 Secretary at such time, in such manner, and containing 

15 such information as the Secretary may require. Each ap16 plication shall include a description of how the institution 

17 will meet the matching requirement of subsection (b). 

18 ‘‘(d) REPORTS.—Not later than 2 years after the 

19 date on which the first scholarship is awarded under this 

20 section, and each academic year thereafter, the Secretary 

21 shall submit to the Congress a report containing— 

22 ‘‘(1) a description and analysis of the demo23 graphic information of students who receive scholar24 ships under this section, including information with 

25 respect to such students regarding— 

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1 ‘‘(A) race; 

2 ‘‘(B) ethnicity; 

3 ‘‘(C) gender; and 

4 ‘‘(D) eligibility to receive a Pell Grant; 

5 ‘‘(2) the total number of underrepresented stu6 dents in STEAM fields who obtain a degree with 

7 scholarship funds each year; and 

8 ‘‘(3) an analysis of the effects of the program 

9 on the goals of increasing the number of underrep10 resented students in STEAM fields and the number 

11 of such students who enter into the STEAM work12 force. 

13 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this section 

15 $5,000,000 for fiscal year 2021 and each of the five suc16 ceeding fiscal years. 

17 ‘‘(f) DEFINITIONS.—For purposes of this section: 

18 ‘‘(1) The term ‘minority-serving institution’ 

19 means an institution eligible to receive assistance 

20 under title III or V. 

21 ‘‘(2) The term ‘STEAM’ means science, tech22 nology, engineering, arts, and mathematics. 

23 ‘‘(3) The term ‘underrepresented student in 

24 STEAM fields’ means a student who is a member of 

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1 uals in such group who annually receive bachelor’s 

2 degrees in the STEAM fields per 10,000 individuals 

3 in such group is substantially less than the number 

4 of white, non-Hispanic individuals who annually re5 ceive bachelor’s degrees in the STEAM fields per 

6 10,000 such individuals.’’. 

7 SEC. 8002. TEACH FOR AMERICA. 

8 Subparagraph (C) of section 806(f)(1) (20 U.S.C. 

9 1161f(f)(1)) is amended to read as follows: 

10 ‘‘(C) $30,000,000 for fiscal year 2021 and 

11 each of the 5 succeeding fiscal years.’’. 

12 SEC. 8003. PATSY T. MINK FELLOWSHIP PROGRAM. 

13 Subsection (f) of section 807 (20 U.S.C. 1161g) is 

14 amended to read as follows: 

15 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 $10,000,000 for fiscal year 2021 and each of the 5 suc18 ceeding fiscal years.’’. 

19 SEC. 8004. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER20 ING, AND MATHEMATICS EDUCATION WITH A 

21 FOCUS ON AMERICAN INDIAN, ALASKA NA22 TIVE, AND NATIVE HAWAIIAN STUDENTS. 

23 Section 819 of the Higher Education Act of 1965 (20 

24 U.S.C. 1161j) is amended— 

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1 (1) in the section heading, by striking ‘‘ALAS2 KA NATIVE AND NATIVE HAWAIIAN’’ and insert3 ing ‘‘NATIVE AMERICAN’’; 

4 (2) in subsection (a)(2), by striking ‘‘Alaska 

5 Natives and Native Hawaiians’’ and inserting 

6 ‘‘American Indians, Alaska Natives, Native Hawai7 ians and other Native American Pacific Islanders to 

8 enable them to succeed in these fields’’; 

9 (3) in subsection (b)— 

10 (A) by redesignating paragraphs (1), (2), 

11 (3), and (4), as paragraphs (2), (4), (5), and 

12 (6), respectively; 

13 (B) by inserting before paragraph (2), as 

14 redesignated by subparagraph (A), the fol15 lowing: 

16 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

17 American’ includes Alaska Natives, American Indi18 ans, Native Hawaiians and Native American Pacific 

19 Islanders.’’; and 

20 (C) by inserting after paragraph (2), as re21 designated by subparagraph (A), the following: 

22 ‘‘(3) AMERICAN INDIAN.—The term ‘American 

23 Indian’ has the meaning given the term ‘Indian’ in 

24 section 202 of the Indian Land Consolidation Act 

25 (25 U.S.C. 2201).’’; 

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1 (4) in subsection (c)— 

2 (A) by inserting ‘‘create or’’ after ‘‘to en3 able the eligible partnership to’’; 

4 (B) by inserting ‘‘Native American’’ after 

5 ‘‘the development of’’; and 

6 (C) by striking ‘‘, including existing pro7 grams for Alaska Native and Native Hawaiian 

8 students’’; 

9 (5) in subsection (d)— 

10 (A) in paragraph (1), by striking ‘‘Alaska 

11 Native or Native Hawaiian students’’ and in12 serting ‘‘programs that serve Native American 

13 students’’; 

14 (B) in paragraph (2), by striking ‘‘Alaska 

15 Native and Native Hawaiian students’’ and in16 serting ‘‘programs that serve Native American 

17 students’’; and 

18 (C) in paragraph (3), by striking ‘‘Alaska 

19 Native or Native Hawaiian students’’ and in20 serting ‘‘Native American students’’; 

21 (6) in subsection (f), by striking ‘‘30 percent or 

22 more of the program participants are Alaska Native 

23 or Native Hawaiian’’ and inserting ‘‘30 percent or 

24 more of the program participants are Native Amer25 ican’’; and 

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1 (7) in subsection (i), by striking ‘‘to carry out 

2 this section such sums as may be necessary for fiscal 

3 year 2009 and each of the five succeeding fiscal 

4 years’’ and inserting ‘‘$5,000,000 for fiscal year 

5 2021 and each of the 5 succeeding fiscal years’’. 

6 SEC. 8005. GRANTS FOR RURAL-SERVING INSTITUTIONS OF 

7 HIGHER EDUCATION. 

8 Subsection (g) of section 861 (20 U.S.C. 1161q) is 

9 amended to read as follows: 

10 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

11 is authorized to be appropriated to carry out this section 

12 $20,000,000 for fiscal year 2021 and each of the 5 suc13 ceeding fiscal years.’’. 

14 SEC. 8006. TRAINING FOR REALTIME WRITERS TO PROVIDE 

15 CLOSED CAPTIONING AND COURT REPORT16 ING SERVICES. 

17 Section 872(e) (20 U.S.C. 1161s(e)) is amended by 

18 striking ‘‘2009’’ and inserting ‘‘2021’’. 

19 SEC. 8007. GRANT PROGRAM TO ESTABLISH, MAINTAIN, 

20 AND IMPROVE VETERAN STUDENT CENTERS. 

21 (a) IN GENERAL.—Title VIII (20 U.S.C. 1161a et 

22 seq.) is amended by striking part T (20 U.S.C. 1161t) 

23 and inserting the following: 

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1 ‘‘PART T—GRANTS FOR VETERAN STUDENT 

2 CENTERS 

3 ‘‘SEC. 873. GRANTS FOR VETERAN STUDENT CENTERS. 

4 ‘‘(a) GRANTS AUTHORIZED.—Subject to the avail5 ability of appropriations under subsection (i), the Sec6 retary shall award grants to institutions of higher edu7 cation or consortia of institutions of higher education to 

8 assist in the establishment, maintenance, improvement, 

9 and operation of Veteran Student Centers. The Secretary 

10 shall award not more than 30 grants in a fiscal year under 

11 this section. 

12 ‘‘(b) ELIGIBILITY.— 

13 ‘‘(1) APPLICATION.—An institution or consor14 tium seeking a grant under subsection (a) shall sub15 mit to the Secretary an application at such time, in 

16 such manner, and containing such information as 

17 the Secretary may require. 

18 ‘‘(2) CRITERIA.—The Secretary may award a 

19 grant under subsection (a) to an institution or a 

20 consortium if the institution or consortium meets 

21 each of the following criteria: 

22 ‘‘(A) The institution or consortium enrolls 

23 in undergraduate or graduate courses— 

24 ‘‘(i) a significant number of veteran 

25 students, members of the Armed Forces 

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1 serving on active duty, and members of a 

2 reserve component of the Armed Forces; or 

3 ‘‘(ii) a significant percentage of vet4 eran students, as measured by comparing 

5 the overall enrollment of the institution or 

6 consortium to the number, for the most re7 cent academic year for which data are 

8 available, of veteran students, members of 

9 the Armed Forces serving on active duty, 

10 and members of a reserve component of 

11 the Armed Forces who are enrolled in un12 dergraduate or graduate courses at the in13 stitution or consortium. 

14 ‘‘(B) The institution or consortium pre15 sents a sustainability plan to demonstrate that 

16 the Veteran Student Center of such institution 

17 or consortium will be maintained and will con18 tinue operations upon conclusion of the grant 

19 period under subsection (a). 

20 ‘‘(3) ADDITIONAL CRITERIA.— 

21 ‘‘(A) MANDATORY CONSIDERATIONS.—In 

22 awarding grants under subsection (a), the Sec23 retary shall consider institutions or consortia 

24 representing a broad spectrum of sectors and 

25 sizes, including institutions or consortia from 

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1 urban, suburban, and rural regions of the 

2 United States. 

3 ‘‘(B) DISCRETIONARY CRITERIA.—In 

4 awarding grants under subsection (a), the Sec5 retary may provide consideration to institutions 

6 or consortia that meet one or more of the fol7 lowing criteria: 

8 ‘‘(i) The institution or consortium is 

9 located in a region or community that has 

10 a significant population of veterans. 

11 ‘‘(ii) The institution or consortium 

12 carries out programs or activities that as13 sist veterans in the local community and 

14 the spouses of veteran students. 

15 ‘‘(iii) The institution or consortium 

16 partners in its veteran-specific program17 ming with nonprofit veteran service organi18 zations, local workforce development orga19 nizations, or institutions of higher edu20 cation. 

21 ‘‘(iv) The institution or consortium 

22 commits to hiring staff at the Veteran Stu23 dent Center that includes veterans (includ24 ing veteran student volunteers and veteran 

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1 study program under part C of title IV, a 

2 work-study program administered by the 

3 Secretary of Veteran Affairs, or a State 

4 work-study program). 

5 ‘‘(v) The institution or consortium 

6 commits to using a portion of the grant re7 ceived under this section to develop and 

8 implement an early-warning veteran stu9 dent retention program designed to alert 

10 staff at the Veteran Student Center that a 

11 veteran student may be facing difficulties 

12 that could lead to the non-completion of 

13 the course of study of such veteran. 

14 ‘‘(vi) The institution or consortium 

15 commits to providing mental health coun16 seling to its veteran students and their 

17 spouses. 

18 ‘‘(vii) The institution or consortium 

19 carries out programs or activities that as20 sist individuals pursuing a course of edu21 cation using educational assistance under 

22 chapter 31 of title 38, United States Code. 

23 ‘‘(c) USE OF FUNDS.— 

24 ‘‘(1) IN GENERAL.—An institution or consor25 tium that is awarded a grant under subsection (a) 

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1 shall use such grant to establish, maintain, improve, 

2 or operate a Veteran Student Center. 

3 ‘‘(2) OTHER ALLOWABLE USES.—An institution 

4 or consortium receiving a grant under subsection (a) 

5 may use a portion of such funds to carry out sup6 portive instruction services for student veterans, in7 cluding— 

8 ‘‘(A) assistance with special admissions 

9 and transfer of credit from previous postsec10 ondary education or experience; and 

11 ‘‘(B) any other support services the insti12 tution or consortium determines to be necessary 

13 to ensure the success of veterans on campus in 

14 achieving education and career goals. 

15 ‘‘(d) AMOUNTS AWARDED.— 

16 ‘‘(1) DURATION.—Each grant awarded under 

17 subsection (a) shall be for a 4-year period. 

18 ‘‘(2) TOTAL AMOUNT OF GRANT AND SCHED19 ULE.—Each grant awarded under subsection (a) 

20 may not exceed a total of $500,000. The Secretary 

21 shall disburse to an institution or consortium the 

22 amounts awarded under the grant in such amounts 

23 and at such times during the grant period as the 

24 Secretary determines appropriate. 

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1 ‘‘(e) REPORT.—From the amounts appropriated to 

2 carry out this section, and not later than 3 years after 

3 the date on which the first grant is awarded under sub4 section (a), the Secretary shall submit to Congress a re5 port on the grant program established under subsection 

6 (a), including— 

7 ‘‘(1) the number of grants awarded; 

8 ‘‘(2) the institutions of higher education and 

9 consortia that have received grants; 

10 ‘‘(3) with respect to each such institution of 

11 higher education and consortium— 

12 ‘‘(A) the amounts awarded; 

13 ‘‘(B) how such institution or consortium 

14 used such amounts; 

15 ‘‘(C) a description of the students to whom 

16 services were offered as a result of the award; 

17 and 

18 ‘‘(D) data enumerating whether the use of 

19 the amounts awarded helped veteran students 

20 at the institution or consortium toward comple21 tion of a degree, certificate, or credential; 

22 ‘‘(4) best practices for veteran student success, 

23 identified by reviewing data provided by institutions 

24 and consortia that received a grant under this sec25 tion; and 

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1 ‘‘(5) a determination by the Secretary with re2 spect to whether the grant program under this sec3 tion should be extended or expanded. 

4 ‘‘(f) TERMINATION.—The authority of the Secretary 

5 to carry out the grant program established under sub6 section (a) shall terminate on the date that is 4 years after 

7 the date on which the first grant is awarded under sub8 section (a). 

9 ‘‘(g) DEPARTMENT OF EDUCATION BEST PRACTICES

10 WEBSITE.—Subject to the availability of appropriations 

11 under subsection (i) and not later than 3 years after the 

12 date on which the first grant is awarded under subsection 

13 (a), the Secretary shall develop and implement a website 

14 for veteran student services at institutions of higher edu15 cation, which details best practices for serving veteran stu16 dents at institutions of higher education. 

17 ‘‘(h) DEFINITIONS.—In this section: 

18 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— 

19 The term ‘institution of higher education’ has the 

20 meaning given the term in section 101. 

21 ‘‘(2) VETERAN STUDENT CENTER.—The term 

22 ‘Veteran Student Center’ means a dedicated space 

23 on a campus of an institution of higher education 

24 that provides students who are veterans or members 

25 of the Armed Forces with the following: 

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1 ‘‘(A) A lounge or meeting space for such 

2 veteran students, their spouses or partners, and 

3 veterans in the community. 

4 ‘‘(B) A centralized office for veteran serv5 ices that— 

6 ‘‘(i) is a single point of contact to co7 ordinate comprehensive support services 

8 for veteran students; 

9 ‘‘(ii) is staffed by trained employees 

10 and volunteers, which includes veterans 

11 and at least one full-time employee or vol12 unteer who is trained as a veterans’ bene13 fits counselor; 

14 ‘‘(iii) provides veteran students with 

15 assistance relating to— 

16 ‘‘(I) transitioning from the mili17 tary to student life; 

18 ‘‘(II) transitioning from the mili19 tary to the civilian workforce; 

20 ‘‘(III) networking with other vet21 eran students and veterans in the 

22 community; 

23 ‘‘(IV) understanding and obtain24 ing benefits provided by the institu25 tion of higher education, Federal GovVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 ernment, and State for which such 

2 students may be eligible; 

3 ‘‘(V) understanding how to suc4 ceed in the institution of higher edu5 cation, including by understanding 

6 academic policies, the course selection 

7 process, and institutional policies and 

8 practices related to the transfer of 

9 academic credits; and 

10 ‘‘(VI) understanding their dis11 ability-related rights and protections 

12 under the Americans with Disabilities 

13 Act of 1990 (42 U.S.C. 12101 et seq.) 

14 and section 504 of the Rehabilitation 

15 Act of 1973 (29 U.S.C. 794); and 

16 ‘‘(iv) provides comprehensive academic 

17 and tutoring services for veteran students, 

18 including peer-to-peer tutoring and aca19 demic mentorship. 

20 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this part 

22 $15,000,000 for fiscal year 2021 and each of the 5 suc23 ceeding fiscal years.’’. 

24 (b) CONTINUATION OF AWARDS.—An institution of 

25 higher education that received a grant under section 873 

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1 of the Higher Education Act of 1965 (20 U.S.C. 1161t) 

2 before the date of enactment of this Act, as such section 

3 873 (20 U.S.C. 1161t) was in effect on the day before 

4 the date of enactment of this Act, shall continue to receive 

5 funds in accordance with the terms and conditions of such 

6 grant. 

7 SEC. 8008. UNIVERSITY SUSTAINABILITY PROGRAM AMEND8 MENTS. 

9 Section 881 of the Higher Education Act of 1965 (20 

10 U.S.C. 1161u) is amended— 

11 (1) in subsection (a)— 

12 (A) by striking paragraph (1) and insert13 ing: 

14 ‘‘(1) IN GENERAL.—From the amounts appro15 priated to carry out this section, the Secretary, in 

16 consultation with the Administrator of the Environ17 mental Protection Agency, shall make grants to eli18 gible entities to establish sustainability programs to 

19 design and implement the teaching and practice of 

20 sustainability, including in the areas of staff and 

21 faculty professional development, energy manage22 ment, greenhouse gas emissions reductions, green 

23 building, waste management, transportation, resil24 ience, green workforce, and other aspects of sustain25 ability that integrate the local community with mulVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 tidisciplinary academic programs and are applicable 

2 to the private and Government sectors.’’; and 

3 (B) by striking paragraph (3)(B) and in4 serting: 

5 ‘‘(B) a nonprofit consortium, association, 

6 alliance, or collaboration operating in partner7 ship with more than one institution of higher 

8 education.’’; 

9 (2) in subsection (c)— 

10 (A) in paragraph (1)— 

11 (i) by inserting ‘‘in alignment with 

12 local community needs’’ after ‘‘following 

13 purposes’’; 

14 (ii) in subparagraph (D)— 

15 (I) by striking ‘‘establish’’ and 

16 inserting ‘‘scale established’’; 

17 (II) by striking ‘‘purchasing, 

18 toxics management,’’; and 

19 (III) by inserting ‘‘resilience, 

20 green workforce,’’ after ‘‘transpor21 tation,’’; and 

22 (iii) in subparagraph (G), by inserting 

23 ‘‘economics, law, political science,’’ after 

24 ‘‘business,’’; and 

25 (B) in paragraph (2)— 

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1 (i) in subparagraph (A), by striking 

2 ‘‘of’’ and inserting ‘‘relating to’’; and 

3 (ii) in subparagraph (C), by inserting 

4 ‘‘city and State governments,’’ after ‘‘busi5 ness,’’; 

6 (3) in subsection (e), by striking ‘‘$250,000 or 

7 more than $2,000,000’’ and inserting ‘‘$200,000 or 

8 more than $500,000’’; and 

9 (4) in subsection (f), by striking ‘‘2009’’ and 

10 inserting ‘‘2021’’. 

11 SEC. 8009. MODELING AND SIMULATION. 

12 Subsection (e) of section 891 (20 U.S.C. 1161v) is 

13 amended, in the matter preceding paragraph (1), by strik14 ing the first sentence and inserting the following: ‘‘There 

15 is authorized to be appropriated to carry out this section 

16 $75,000,000 for fiscal year 2021 and each of the 5 suc17 ceeding fiscal years.’’. 

18 SEC. 8010. MANDATORY FUNDING FOR MASTERS AND 

19 POSTBACCALAUREATE PROGRAMS. 

20 (a) MASTERS DEGREE PROGRAMS.—Section 897 (20 

21 U.S.C. 1161aa) is amended by striking ‘‘$11,500,000 for 

22 fiscal year 2009 and for each of the five succeeding fiscal 

23 years’’ and inserting ‘‘$13,500,000 for fiscal year 2021 

24 and each succeeding fiscal year’’. 

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1 (b) POSTBACCALAUREATE PROGRAMS.—Section 898 

2 (20 U.S.C. 1161aa–1) is amended— 

3 (1) by striking ‘‘In addition’’ and inserting ‘‘(a) 

4 ADDITIONAL APPROPRIATIONS FOR PART B OF

5 TITLE V.—In addition’’; 

6 (2) by striking ‘‘$11,500,000 for fiscal year 

7 2009 and for each of the five succeeding fiscal 

8 years’’ and inserting ‘‘$21,000,000 for fiscal year 

9 2021 and each succeeding fiscal year’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(b) ADDITIONAL APPROPRIATIONS FOR PART A OF

12 TITLE VII.—In addition to any amounts appropriated 

13 under subpart 5 of part A of title VII, there are authorized 

14 to be appropriated, and there are appropriated, out of any 

15 funds in the Treasury not otherwise appropriated, 

16 $13,000,000 for fiscal year 2021 and each of the 5 suc17 ceeding fiscal years to carry out subpart 5 of part A of 

18 title VII.’’. 

19 SEC. 8011. FUNDS FOR ACCESS TO OPEN EDUCATIONAL RE20 SOURCES. 

21 Title VIII (20 U.S.C. 1161a et seq.) is amended by 

22 adding at the end the following: 

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1 ‘‘PART BB—ACCESS TO OPEN EDUCATIONAL 

2 RESOURCES 

3 ‘‘SEC. 899. AFFORDABLE COLLEGE TEXTBOOKS. 

4 ‘‘(a) GRANT PROGRAM.— 

5 ‘‘(1) GRANTS AUTHORIZED.—From the 

6 amounts appropriated under paragraph (8), the Sec7 retary shall make grants, on a competitive basis, to 

8 eligible entities to support projects that expand the 

9 use of high-quality open textbooks in order to 

10 achieve savings for students while improving instruc11 tion and student learning outcomes. 

12 ‘‘(2) APPLICATIONS.— 

13 ‘‘(A) IN GENERAL.—Each eligible entity 

14 desiring a grant under this subsection, after 

15 consultation with relevant faculty, shall submit 

16 an application to the Secretary at such time, in 

17 such manner, and containing such information 

18 as the Secretary may reasonably require. 

19 ‘‘(B) CONTENTS.—Each application sub20 mitted under subparagraph (A) shall include— 

21 ‘‘(i) a description of the proposed 

22 project to be completed with grant funds; 

23 ‘‘(ii) a plan for promoting and track24 ing the use of open textbooks in postsec25 ondary courses offered by the eligible enti26 ty, including an estimate of the projected 

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1 savings that will be achieved for students 

2 through the use of such textbooks; 

3 ‘‘(iii) a description of how the eligible 

4 entity will evaluate whether existing open 

5 educational resources could be used or 

6 adapted into open educational resources 

7 before creating new open educational re8 sources; 

9 ‘‘(iv) a plan for quality review (includ10 ing peer review), review of accuracy, and 

11 review of accessibility of any open edu12 cational resources created or adapted 

13 through the grant; 

14 ‘‘(v) a plan for assessing the impact of 

15 open textbooks on instruction and student 

16 learning outcomes at the eligible entity; 

17 ‘‘(vi) a plan for disseminating infor18 mation about the results of the project to 

19 institutions of higher education outside of 

20 the eligible entity, including promoting the 

21 adoption of any open textbooks created or 

22 adapted through the grant; 

23 ‘‘(vii) a statement on consultation 

24 with relevant faculty, including those en25 gaged in the creation of open educational 

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1 resources, in the development of the appli2 cation; and 

3 ‘‘(viii) an assurance that open edu4 cational resources utilized, developed, or 

5 researched will be available in accessible 

6 formats, which may include braille, audio 

7 books, closed captioning, and audio de8 scriptions. 

9 ‘‘(3) SPECIAL CONSIDERATION.—In awarding 

10 grants under this section, the Secretary shall give 

11 special consideration to applications that dem12 onstrate the greatest potential to— 

13 ‘‘(A) achieve the highest level of savings 

14 for students through sustainable expanded use 

15 of high-quality open textbooks in postsecondary 

16 courses offered by the eligible entity; 

17 ‘‘(B) achieve improvements in student 

18 learning and student outcomes; 

19 ‘‘(C) expand the use of open textbooks at 

20 institutions of higher education outside of the 

21 eligible entity; and 

22 ‘‘(D) produce— 

23 ‘‘(i) the highest quality and most ac24 cessible open textbooks; 

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1 ‘‘(ii) open textbooks that can be most 

2 easily utilized and adapted by faculty 

3 members at institutions of higher edu4 cation; 

5 ‘‘(iii) open textbooks that correspond 

6 to the highest enrollment courses at insti7 tutions of higher education; 

8 ‘‘(iv) open textbooks created or adapt9 ed in partnership with entities, including 

10 campus bookstores, that will assist in mar11 keting and distribution of the open text12 book; and 

13 ‘‘(v) open textbooks that conform to 

14 accessibility standards under section 508 

15 of the Rehabilitation Act of 1973 (29 

16 U.S.C. 794d). 

17 ‘‘(4) USE OF FUNDS.— 

18 ‘‘(A) MANDATORY USES OF FUNDS.—An 

19 eligible entity that receives a grant under this 

20 section shall use the grant funds to carry out 

21 the following activities to expand the use of 

22 open textbooks: 

23 ‘‘(i) Professional development for any 

24 faculty and staff members at institutions 

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1 of higher education, including the search 

2 for and review of open textbooks. 

3 ‘‘(ii) Creation or adaptation of high4 quality open educational resources that 

5 conform to accessibility standards under 

6 section 508 of the Rehabilitation Act of 

7 1973 (29 U.S.C. 794d), especially open 

8 textbooks, and the quality assurance of 

9 such open educational resources. 

10 ‘‘(iii) Development or improvement of 

11 tools and informational resources that sup12 port the use of open textbooks, including 

13 improving accessible instructional materials 

14 for students with disabilities that conform 

15 to accessibility standards under section 

16 508 of the Rehabilitation Act of 1973 (29 

17 U.S.C. 794d). 

18 ‘‘(iv) Research evaluating the efficacy 

19 of the use of open textbooks for achieving 

20 savings for students and the impact on in21 struction and student learning outcomes. 

22 ‘‘(B) DISCRETIONARY USE OF FUNDS.—An 

23 eligible entity that receives a grant under this 

24 section may use grant funds to purchase or 

25 maintain electronic equipment necessary for the 

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1 operation or use of digital open educational re2 sources, including mobile computer devices and 

3 accompanying hardware, software applications, 

4 computer systems and platforms, and other dig5 ital and online services and support. 

6 ‘‘(5) OPEN LICENSING REQUIREMENT.— 

7 ‘‘(A) COPYRIGHT.—An eligible entity re8 ceiving a grant under this section may, with 

9 prior approval from the Secretary, assert a 

10 copyright in a copyrightable work first produced 

11 under the grant. 

12 ‘‘(B) OPEN LICENSE REQUIREMENT.— 

13 ‘‘(i) REQUIREMENT.—With respect to 

14 each copyrightable work first produced 

15 under the grant, except as provided in 

16 clause (ii), an eligible entity that asserts a 

17 copyright under subparagraph (A) shall 

18 provide to the public a non-exclusive, roy19 alty-free, perpetual, irrevocable, worldwide 

20 license to carry out each exclusive right 

21 provided to that eligible entity under sec22 tion 106 of title 17, United States Code. 

23 ‘‘(ii) EXCEPTION.—With respect to a 

24 copyrightable work first produced under 

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1 rial, the requirement described under such 

2 subparagraph shall apply to such work to 

3 the extent that— 

4 ‘‘(I) no copyright subsists in such 

5 preexisting material; or 

6 ‘‘(II) the eligible entity is author7 ized to license such material in the 

8 manner described under such sub9 paragraph. 

10 ‘‘(C) RULE OF CONSTRUCTION.—Nothing 

11 in this subsection may be construed as affecting 

12 the application of the requirements of chapter 

13 18 of title 35, United States Code (commonly 

14 known as the ‘Bayh-Dole Act’). 

15 ‘‘(D) COPYRIGHTABLE WORK DEFINED.— 

16 In this subsection, the term ‘copyrightable 

17 work’ means a work subject to protection under 

18 title 17, United States Code, but does not in19 clude a work that may be patentable or other20 wise protectable under title 35, United States 

21 Code. 

22 ‘‘(6) ACCESS AND DISTRIBUTION.—The full and 

23 complete digital content of each educational resource 

24 created or adapted under paragraph (5) shall be 

25 made available free of charge to the public— 

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1 ‘‘(A) on an easily accessible and interoper2 able website, which shall be identified to the 

3 Secretary by the eligible entity; 

4 ‘‘(B) in a machine readable, digital format 

5 that anyone can directly download, edit with at6 tribution, and redistribute; and 

7 ‘‘(C) in a fully accessible format in compli8 ance with the Americans with Disabilities Act 

9 of 1990 (42 U.S.C. 12101 et seq.) and section 

10 508 of the Rehabilitation Act of 1973 (29 

11 U.S.C. 794d). 

12 ‘‘(7) REPORT.—Upon an eligible entity’s com13 pletion of a project for which the eligible entity re14 ceived a grant under this section, the eligible entity 

15 shall prepare and submit a report to the Secretary 

16 regarding— 

17 ‘‘(A) the effectiveness of the project in ex18 panding the use of high-quality open textbooks 

19 and in achieving savings for students; 

20 ‘‘(B) the impact of the project on expand21 ing the use of open textbooks at institutions of 

22 higher education outside of the eligible entity; 

23 ‘‘(C) educational resources created or 

24 adapted under the grant, including instructions 

25 on where the public can access each educational 

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1 resource under the terms of paragraphs (5) and 

2 (6); 

3 ‘‘(D) information about the quality review 

4 process that was used to ensure quality and ac5 curacy; 

6 ‘‘(E) the impact of the project on instruc7 tion and student learning outcomes; and 

8 ‘‘(F) all project costs, including the value 

9 of any volunteer labor and institutional capital 

10 used for the project. 

11 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

12 There are authorized to be appropriated to carry out 

13 this section $5,000,000 for fiscal year 2021 and 

14 each of the 5 succeeding fiscal years. 

15 ‘‘(b) REPORT TO CONGRESS.—Not later than 2 years 

16 after the date of enactment of College Affordability Act, 

17 the Secretary shall prepare and submit a report to author18 izing committees detailing— 

19 ‘‘(1) the high-quality open textbooks created or 

20 adapted under this section; 

21 ‘‘(2) the adoption of such open textbooks; 

22 ‘‘(3) the savings generated for students, States, 

23 territories, and the Federal Government through the 

24 use of open textbooks; and 

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1 ‘‘(4) the impact of open textbooks on instruc2 tion and student learning outcomes. 

3 ‘‘(c) GAO REPORT.—Not later than 3 years after the 

4 date of enactment of College Affordability Act, the Comp5 troller General of the United States shall prepare and sub6 mit a report to the authorizing committees on the cost 

7 of textbooks to students at institutions of higher edu8 cation. The report shall include— 

9 ‘‘(1) the change of the cost of textbooks be10 tween the date of the enactment of the College Af11 fordability Act and the date of such report; 

12 ‘‘(2) the factors that have contributed to such 

13 change in the cost of textbooks, including the impact 

14 of open textbooks on the cost; 

15 ‘‘(3) the extent to which open textbooks are 

16 used at institutions of higher education compared to 

17 the use of open textbooks before the date of the en18 actment of this subsection; 

19 ‘‘(4) how institutions are tracking the impact of 

20 open textbooks on instruction and student learning 

21 outcomes; 

22 ‘‘(5) the availability of accessible forms of open 

23 textbooks and the barriers faced by students with 

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1 cational resources compared to the barriers faced in 

2 accessing traditional educational materials; and 

3 ‘‘(6) the barriers faced by other student popu4 lations, including low-income students, in accessing 

5 high-quality open educational resources compared to 

6 the barriers faced in accessing traditional edu7 cational materials. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) EDUCATIONAL RESOURCE.—The term 

10 ‘educational resource’ means a print or digital edu11 cational material that can be used in postsecondary 

12 instruction, including textbooks and other written or 

13 audiovisual works. 

14 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en15 tity’ means an institution of higher education or a 

16 consortia of such institutions of higher education. 

17 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 101. 

20 ‘‘(4) OPEN EDUCATIONAL RESOURCE.—The 

21 term ‘open educational resource’ means a print or 

22 digital educational resource that either resides in the 

23 public domain or has been released under an intel24 lectual property license that permits its free use, 

25 reuse, modification, and sharing with others. 

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1 ‘‘(5) OPEN TEXTBOOK.—The term ‘open text2 book’ means an open educational resource or set of 

3 open educational resources that either is a textbook 

4 or can be used in place of a textbook for a postsec5 ondary course at an institution of higher education. 

6 ‘‘(6) RELEVANT FACULTY.—The term ‘relevant 

7 faculty’ means both tenure track and contingent fac8 ulty members who may be involved in the creation 

9 of open educational resources or the use of open 

10 educational resources created as part of the grant 

11 application.’’. 

12 SEC. 8012. REPEALS. 

13 Title VIII of the Higher Education Act of 1965 (20 

14 U.S.C. 1161a et seq.), as amended by this title, is further 

15 amended by repealing the following: 

16 (1) Section 801 (20 U.S.C. 1161a). 

17 (2) Section 803 (20 U.S.C. 1161c). 

18 (3) Section 804 (20 U.S.C. 1161d). 

19 (4) Section 805 (20 U.S.C. 1161e). 

20 (5) Section 808 (20 U.S.C. 1161h). 

21 (6) Section 818 (20 U.S.C. 1161i–7). 

22 (7) Section 820 (20 U.S.C. 1161k). 

23 (8) Section 824 (20 U.S.C. 1161l–3) 

24 (9) Section 830 (20 U.S.C. 1161m). 

25 (10) Section 835 (20 U.S.C. 1161n–4). 

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1 (11) Section 841 (20 U.S.C. 1161o). 

2 (12) Section 851 (20 U.S.C. 1161p). 

3 (13) Section 871 (20 U.S.C. 1161r). 

4 (14) Section 893 (20 U.S.C. 1161x). 

5 (15) Section 894 (20 U.S.C. 1161y). 

6 (16) Section 895 (20 U.S.C. 1161z). 

7 TITLE IX—DIRECTIVES TO THE 

8 SECRETARY OF EDUCATION 

9 SEC. 9001. PROVIDING THAT THE SECRETARY OF EDU10 CATION MAY NOT ISSUE OR ENFORCE CER11 TAIN RULES THAT WEAKEN THE ENFORCE12 MENT OF THE PROHIBITION OF SEX DIS13 CRIMINATION APPLICABLE UNDER TITLE IX 

14 OF THE EDUCATION AMENDMENTS OF 1972. 

15 The Secretary of Education may not— 

16 (1) take any action to implement, enforce, or 

17 otherwise give effect to the proposed amendments to 

18 regulations relating to the enforcement of title IX of 

19 the Education Amendments of 1972, published on 

20 November 29, 2018, under the heading ‘‘Non21 discrimination on the Basis of Sex in Education 

22 Programs or Activities Receiving Federal Financial 

23 Assistance’’ (83 Fed. Reg. 61462); or 

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1 (2) propose or issue any rule or guidance that 

2 is similar in substance or effect to any of such pro3 posed amendments. 

4 SEC. 9002. STUDY AND REPORT ON SINGLE CERTIFICATION 

5 FORM. 

6 (a) STUDY.—Not later than 1 year after the date of 

7 the enactment of this Act, the Secretary of Education 

8 shall conduct a study on the feasibility of developing a sin9 gle certification form that borrowers may use to electroni10 cally submit information with respect to— 

11 (1) TEACH Grants under subpart 9 of part A 

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

13 U.S.C. 1070g et seq.); 

14 (2) loan forgiveness under section 428J of the 

15 Higher Education Act of 1965 (20 U.S.C. 1078– 

16 10); 

17 (3) loan cancellation under section 460 of the 

18 Higher Education Act of 1965 (20 U.S.C. 1087j); 

19 and 

20 (4) public service loan forgiveness under section 

21 455(m) of the Higher Education Act of 1965 (20 

22 U.S.C. 1087e(m)). 

23 (b) REPORT.—Not later than 1 year after the date 

24 of the enactment of this Act, the Secretary of Education 

25 shall submit a report to Congress that includes— 

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1 (1) the results of the study required under sub2 section (a); and 

3 (2) recommendations with respect to using a 

4 single certification form that borrowers may use to 

5 electronically submit information with respect to the 

6 programs specified in paragraphs (1) through (4) of 

7 such subsection. 

8 SEC. 9003. LONGITUDINAL STUDY ON THE EFFECTIVENESS 

9 OF STUDENT LOAN COUNSELING. 

10 (a) IN GENERAL.—Not later than 1 year after the 

11 date of enactment of this Act, the Secretary of Education, 

12 acting through the Director of the Institute of Education 

13 Sciences, shall begin conducting a rigorous, longitudinal 

14 study of the impact and effectiveness of the student loan 

15 counseling— 

16 (1) provided under subsections (b), (l), and (n) 

17 of section 485 of the Higher Education Act of 1965 

18 (20 U.S.C. 1092), as amended by this Act; and 

19 (2) provided through such other means as the 

20 Secretary of Education may determine. 

21 (b) CONTENTS.— 

22 (1) BORROWER INFORMATION.—The longitu23 dinal study carried out under subsection (a) shall in24 clude borrower information, in the aggregate and 

25 disaggregated by race, ethnicity, gender, income, 

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1 status as an individual with a disability, and status 

2 as a first generation college student (defined in sec3 tion 402A(h)(3)), on— 

4 (A) student persistence; 

5 (B) degree attainment; 

6 (C) program completion; 

7 (D) successful entry into student loan re8 payment; 

9 (E) cumulative borrowing levels; and 

10 (F) such other factors as the Secretary of 

11 Education may determine. 

12 (2) EXCEPTION.—The disaggregation under 

13 paragraph (1) shall not be required in a case in 

14 which the number of borrowers in a category is in15 sufficient to yield statistically reliable information or 

16 the results would reveal personally identifiable infor17 mation about an individual borrower. 

18 (c) INTERIM REPORTS.—Not later than 18 months 

19 after the commencement of the study under subsection 

20 (a), and annually thereafter, the Secretary of Education 

21 shall evaluate the progress of the study and report any 

22 short-term findings to the appropriate committees of Con23 gress. 

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1 SEC. 9004. STUDY AND PROCEDURES ON DETERMINING 

2 FAMILY SIZE. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary of Education 

5 shall— 

6 (1) conduct, in consultation with the Secretary 

7 of the Treasury, a study which meets the specifica8 tions described in subsection (b), on the effect of 

9 using data from the Internal Revenue Service on the 

10 deduction for personal exemptions provided by sec11 tion 151 of the Internal Revenue Code of 1986 for 

12 a proxy for family size in an income-driven repay13 ment plan, and publish such study in the Federal 

14 Register; 

15 (2) use the results of the study conducted under 

16 paragraph (1) to develop procedures for determining 

17 family size for the automatic recertification of in18 come for an income-driven repayment plan in a man19 ner that minimizes burdens and unintended harm to 

20 borrowers; 

21 (3) publish the procedures developed under 

22 paragraph (2) in the Federal Register; and 

23 (4) after a notice and comment period on such 

24 procedures, use such comments to finalize the proce25 dures. 

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1 (b) SPECIFICATIONS.—The study conducted under 

2 subsection (a)(1) shall— 

3 (1) determine how closely such personal exemp4 tions match the family size that borrowers report on 

5 their income-driven repayment plan request form; 

6 (2) compare the borrower’s actual monthly pay7 ment amount with the monthly payment amount 

8 borrowers would have using family size information 

9 derived from tax returns; and 

10 (3) use data from more than one year, where 

11 possible, to analyze how much family size changes 

12 over time. 

13 (c) DEFINITION.—The term ‘‘the income-driven re14 payment plan’’ means a plan described in subparagraph 

15 (D) or (E) of section 455(d)(1) of the Higher Education 

16 Act of 1965 (20 U.S.C. 1087e(d)(1)) and the income17 based repayment plan under section 493C(f) of such Act 

18 (20 U.S.C. 1098e(f)), as added by section 4627 of this 

19 Act. 

20 SEC. 9005. UNIVERSAL UNIQUE NUMERIC DATA IDENTI21 FIER. 

22 (a) ASSIGNMENT OF UNIQUE NUMERIC IDENTIFIER

23 REQUIRED.—Not later than 18 months after the date of 

24 the enactment of this Act, the Secretary of Education 

25 shall assign a unique numeric identifier to at least each 

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1 campus of each institution of higher education that par2 ticipates in a program under title IV of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1070 et seq.) to be used 

4 for reporting and disaggregating data for the purposes of 

5 the following: 

6 (1) Surveys conducted as a part of the Inte7 grated Postsecondary Education Data System 

8 (IPEDS) or any other Federal postsecondary insti9 tution data collection effort, as completed in accord10 ance with section 487(a)(17) of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1094(a)(17)). 

12 (2) Reports required to be filed under section 

13 485(f) of the Higher Education Act of 1965 (20 

14 U.S.C. 1092(f)). 

15 (3) The electronic exchange of data under sec16 tion 485B of the Higher Education Act of 1965 (20 

17 U.S.C. 1092b). 

18 (4) Determinations under section 496 of the 

19 Higher Education Act of 1965 (20 U.S.C. 1099b). 

20 (5) Reports filed on the College Scorecard 

21 website of the Department of Education (or any suc22 cessor website). 

23 (6) Reports filed on the College Navigator 

24 website (as defined in section 132 of the Higher 

25 Education Act of 1965 (20 U.S.C. 1015a)). 

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1 (7) Data submitted to the postsecondary stu2 dent data system established under section 132(l) of 

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

4 1015a(l)), as added by this Act. 

5 (8) To the extent determined to be appropriate 

6 by the Secretary, any other data systems of the De7 partment of Education that include information on 

8 institutions of higher education. 

9 (b) CONSIDERATIONS.—In carrying out subsection 

10 (a), the Secretary of Education shall— 

11 (1) consider the ability to use the unique nu12 meric identifier assigned under such subsection to— 

13 (A) disaggregate institutions of higher edu14 cation by corporate ownership; 

15 (B) identify an institution of higher edu16 cation with more than one campus; and 

17 (C) in the case of institutions of higher 

18 education described in subparagraph (B), dis19 tinguish between a campus with a specific loca20 tion and a distance education program; 

21 (2) account for interactions of the unique nu22 meric identifier with requirements under title IV of 

23 the Higher Education Act (20 U.S.C. 1070 et seq.), 

24 including by preventing institutional attempts to 

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1 meric identifiers associated with the campuses of the 

2 institution; 

3 (3) to the extent practicable, minimize the pa4 perwork burden on institutions of higher education; 

5 (4) create and make public a crosswalk indi6 cating changes in the unique numeric identifiers as7 signed by the Secretary to each campus under sub8 section (a) and the numeric identifiers used by the 

9 Department of Education prior to the date on which 

10 the Secretary assigns each campus a unique numeric 

11 identifier; and 

12 (5) annually create and make public an updated 

13 crosswalk indicating changes in unique numeric 

14 identifiers assigned to campuses, including changes 

15 that result from the establishment of new locations, 

16 the closing of campuses, and changes in ownership 

17 and affiliation. 

18 SEC. 9006. QUESTIONS ON FOOD AND HOUSING INSECURITY 

19 IN NATIONAL POSTSECONDARY STUDENT AID 

20 STUDY. 

21 For purposes of each National Postsecondary Stu22 dent Aid Study conducted after the date of enactment of 

23 this Act, the Secretary of Education shall include ques24 tions that measure rates of food and housing insecurity 

25 in the National Postsecondary Student Aid Study. 

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1 SEC. 9007. DISAGGREGATION OF DATA USING RACIAL 

2 GROUPS. 

3 (a) STUDY REQUIRED.—Not later than 1 year after 

4 the date of the enactment of this Act, the Secretary of 

5 Education shall carry out a study on the feasability of 

6 disaggregating data reported under the Higher Education 

7 Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary 

8 using the racial groups identified by the American Com9 munity Survey of the Bureau of the Census. 

10 (b) ELEMENTS.—The study required by subsection 

11 (a) shall, with respect to the data described such sub12 section— 

13 (1) survey each method by which such data re14 ported to the Secretary is disaggregated by race; 

15 (2) survey each method by which the Secretary 

16 disaggregates such data by race; and 

17 (3) in the case of such data that are reported 

18 to the Secretary and are not disaggregated by race 

19 using the racial groups identified by the American 

20 Community Survey of the Bureau of the Census, the 

21 feasibility of dissagregating such data using such ra22 cial groups. 

23 (c) BEST PRACTICES.—Not later than 1 year after 

24 the date of the enactment of this Act, the Secretary of 

25 Education shall issue best practices with respect to 

26 dissagregating data reported to the Secretary using the 

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1 racial groups identified by the American Community Sur2 vey of the Bureau of the Census. 

3 SEC. 9008. ACCESSIBLE INSTRUCTIONAL MATERIALS AND 

4 TECHNOLOGY. 

5 (a) ESTABLISHMENT OF COMMISSION.—The Speaker 

6 of the House of Representatives, the President pro tem7 pore of the Senate, and the Secretary of Education shall 

8 establish an independent commission, comprised of key 

9 stakeholders, to develop guidelines for accessible postsec10 ondary electronic instructional materials and related tech11 nologies in order— 

12 (1) to ensure students with disabilities are af13 forded the same educational benefits provided to stu14 dents without disabilities through the use of elec15 tronic instructional materials and related tech16 nologies; 

17 (2) to improve the selection and use of such 

18 materials and technologies at institutions of higher 

19 education; and 

20 (3) to encourage entities that produce such ma21 terials and technologies to make accessible versions 

22 more readily available in the market. 

23 (b) REVIEW.—In carrying out subsection (a), the 

24 commission shall— 

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1 (1) review applicable information technology ac2 cessibility standards; and 

3 (2) compile and annotate such accessibility 

4 standards as an additional information resource for 

5 institutions of higher education and companies that 

6 service the higher education market. 

7 (c) MEMBERSHIP.— 

8 (1) STAKEHOLDER GROUPS.—The commission 

9 shall be composed of representatives from the fol10 lowing categories: 

11 (A) Communities of persons with disabil12 ities for whom the accessibility of postsecondary 

13 electronic instructional materials and related 

14 technologies is a significant factor in ensuring 

15 equal participation in higher education, and 

16 nonprofit organizations that provide accessible 

17 electronic materials to these communities. 

18 (B) Higher education leadership, including 

19 institution of higher education presidents, pro20 vosts, deans, vice presidents or deans of librar21 ies, chief information officers, and other senior 

22 institutional executives. 

23 (C) Developers of postsecondary electronic 

24 instructional materials and manufacturers of 

25 related technologies. 

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1 (2) APPOINTMENT OF MEMBERS.—The commis2 sion members shall be appointed as follows: 

3 (A) Six members, two from each category 

4 described in paragraph (1), shall be appointed 

5 by the Speaker of the House of Representatives, 

6 three of whom shall be appointed on the rec7 ommendation of the majority leader of the 

8 House of Representatives and three of whom 

9 shall be appointed on the recommendation of 

10 the minority leader of the House of Representa11 tives, with the Speaker ensuring that 1 devel12 oper of postsecondary electronic instructional 

13 materials and 1 manufacturer of related tech14 nologies are appointed. The Speaker shall also 

15 appoint 2 additional members, 1 student with a 

16 disability and 1 faculty member from an insti17 tution of higher education. 

18 (B) Six members, two from each category 

19 described in paragraph (1), shall be appointed 

20 by the President pro tempore of the Senate, 

21 three of whom shall be appointed on the rec22 ommendation of the majority leader of the Sen23 ate and three of whom shall be appointed on 

24 the recommendation of the minority leader of 

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1 suring that 1 developer of postsecondary elec2 tronic instructional materials and 1 manufac3 turer of related technologies are appointed. The 

4 President pro tempore shall also appoint 2 ad5 ditional members, 1 student with a disability 

6 and 1 faculty member from an institution of 

7 higher education. 

8 (C) 3 members, each of whom must pos9 sess extensive, demonstrated technical expertise 

10 in the development and implementation of ac11 cessible postsecondary electronic instructional 

12 materials, shall be appointed by the Secretary 

13 of Education. One of these members shall rep14 resent postsecondary students with disabilities, 

15 one shall represent higher education leadership, 

16 and one shall represent developers of postsec17 ondary electronic instructional materials. 

18 (3) ELIGIBILITY TO SERVE AS A MEMBER.— 

19 Federal employees are ineligible for appointment to 

20 the commission. An appointee to a volunteer or advi21 sory position with a Federal agency or related advi22 sory body may be appointed to the commission so 

23 long as his or her primary employment is with a 

24 non-Federal entity and he or she is not otherwise 

25 engaged in financially compensated work on behalf 

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1 of the Federal Government, exclusive of any stand2 ard expense reimbursement or grant-funded activi3 ties. 

4 (d) AUTHORITY AND ADMINISTRATION.— 

5 (1) AUTHORITY.—The commission’s execution 

6 of its duties shall be independent of the Secretary of 

7 Education, the Attorney General, and the head of 

8 any other agency or department of the Federal Gov9 ernment with regulatory or standard setting author10 ity in the areas addressed by the commission. 

11 (2) ADMINISTRATION.— 

12 (A) STAFFING.—There shall be no perma13 nent staffing for the commission. 

14 (B) LEADERSHIP.—Commission members 

15 shall elect a chairperson from among the ap16 pointees to the commission. 

17 (C) ADMINISTRATIVE SUPPORT.—The 

18 Commission shall be provided administrative 

19 support, as needed, by the Secretary of Edu20 cation through the Office of Postsecondary 

21 Education of the Department of Education. 

22 (e) DUTIES.— 

23 (1) GUIDELINES.—Not later than 18 months 

24 after the date of enactment of this Act, subject to 

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1 a 6-month extension that it may exercise at its dis2 cretion, the commission shall— 

3 (A) develop and issue guidelines for acces4 sible postsecondary electronic instructional ma5 terials, and related technologies; and 

6 (B) in developing the guidelines, the com7 mission shall— 

8 (i) establish a technical panel pursu9 ant to paragraph (4) to support the com10 mission in developing the guidelines; 

11 (ii) develop criteria for determining 

12 which materials and technologies constitute 

13 postsecondary electronic instructional ma14 terials and related technologies; 

15 (iii) identify existing national and 

16 international accessibility standards that 

17 are relevant to student use of postsec18 ondary electronic instructional materials 

19 and related technologies at institutions of 

20 higher education; 

21 (iv) identify and address any unique 

22 pedagogical and accessibility requirements 

23 of postsecondary electronic instructional 

24 materials and related technologies that are 

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1 dressed, by the identified, relevant existing 

2 accessibility standards; 

3 (v) identify those aspects of accessi4 bility, and types of postsecondary instruc5 tional materials and related technologies, 

6 for which the commission cannot produce 

7 guidelines or which cannot be addressed by 

8 existing accessibility standards due to— 

9 (I) inherent limitations of com10 mercially available technologies; or 

11 (II) the challenges posed by a 

12 specific category of disability that cov13 ers a wide spectrum of impairments 

14 and capabilities which makes it dif15 ficult to assess the benefits from par16 ticular guidelines on a categorical 

17 basis; 

18 (vi) ensure that the guidelines are 

19 consistent with the requirements of section 

20 504 of the Rehabilitation Act of 1973 (29 

21 U.S.C. 794) and titles II and III of the 

22 Americans with Disabilities Act (42 U.S.C. 

23 12131 et seq.; 42 U.S.C. 12181 et seq.); 

24 (vii) ensure that the guidelines are 

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1 propriate, with the technical and functional 

2 performance criteria included in the na3 tional and international accessibility stand4 ards identified by the commission as rel5 evant to student use of postsecondary elec6 tronic instructional materials and related 

7 technologies; 

8 (viii) allow for the use of an alter9 native design or technology that results in 

10 substantially equivalent or greater accessi11 bility and usability by individuals with dis12 abilities than would be provided by compli13 ance with the guidelines; and 

14 (ix) provide that where electronic in15 structional materials, or related tech16 nologies, that comply fully with the guide17 lines are not commercially available, or 

18 where such compliance is not technically 

19 feasible, the institution may select the 

20 product that best meets the guidelines con21 sistent with the institution’s business and 

22 pedagogical needs. 

23 (2) ANNOTATED LIST OF INFORMATION TECH24 NOLOGY STANDARDS.—Not later than 18 months 

25 after the date of the enactment of this Act, subject 

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1 to a 6-month extension that it may exercise at its 

2 discretion, the commission established in section 2 

3 shall, with the assistance of the technical panel es4 tablished under paragraph (4), develop and issue an 

5 annotated list of information technology standards. 

6 (3) APPROVAL.—Issuance of the guidelines and 

7 annotated list of information technology standards 

8 shall require approval of at least 75 percent of the 

9 members of the commission. 

10 (4) TECHNICAL PANEL.—Not later than 1 

11 month after first meeting, the Commission shall ap12 point and convene a panel of 12 technical experts, 

13 each of whom shall have extensive, demonstrated 

14 technical experience in developing, researching, or 

15 implementing accessible postsecondary electronic in16 structional materials, or related technologies. The 

17 commission has discretion to determine a process for 

18 nominating, vetting, and confirming a panel of ex19 perts that fairly represents the stakeholder commu20 nities on the commission. The technical panel shall 

21 include a representative from the United States Ac22 cess Board. 

23 (f) REVIEW OF GUIDELINES.—Not later than 5 years 

24 after issuance of the guidelines and annotated list of infor25 mation technology standards described in subsections (a) 

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1 and (b), and every 5 years thereafter, the Secretary of 

2 Education shall publish a notice in the Federal Register 

3 requesting public comment about whether there is a need 

4 to reconstitute the commission to update the guidelines 

5 and annotated list of information technology standards to 

6 reflect technological advances, changes in postsecondary 

7 electronic instructional materials and related technologies, 

8 or updated national and international accessibility stand9 ards. The Secretary shall then submit a report and rec10 ommendation to Congress regarding whether the Commis11 sion should be reconstituted. 

12 (g) RULE OF APPLICATION.— 

13 (1) NONCONFORMING POSTSECONDARY ELEC14 TRONIC INSTRUCTIONAL MATERIALS OR RELATED

15 TECHNOLOGIES.—Nothing in this section shall be 

16 construed to require an institution of higher edu17 cation to require, provide, or both recommend and 

18 provide, postsecondary electronic instructional mate19 rials or related technologies that conform to the 

20 guidelines. However, an institution that selects or 

21 uses nonconforming postsecondary electronic instruc22 tional materials or related technologies must other23 wise comply with existing obligations under section 

24 504 of the Rehabilitation Act of 1973 (29 U.S.C. 

25 794) and titles II and III of the Americans with 

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1 Disabilities Act (42 U.S.C. 12131 et seq.; 42 U.S.C. 

2 12181 et seq.) to provide access to the educational 

3 benefit afforded by such materials and technologies 

4 through provision of appropriate and reasonable 

5 modification, accommodation, and auxiliary aids or 

6 services. 

7 (2) RELATIONSHIP TO EXISTING LAWS AND

8 REGULATIONS.—With respect to the Americans with 

9 Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) 

10 and the Rehabilitation Act of 1973 (29 U.S.C. 701 

11 et seq.), nothing in this Act may be construed— 

12 (A) to authorize or require conduct prohib13 ited under the Americans with Disabilities Act 

14 of 1990 and the Rehabilitation Act of 1973, in15 cluding the regulations issued pursuant to those 

16 laws; 

17 (B) to expand, limit, or alter the remedies 

18 or defenses under the Americans with Disabil19 ities Act of 1990 and the Rehabilitation Act of 

20 1973; 

21 (C) to supersede, restrict, or limit the ap22 plication of the Americans with Disabilities Act 

23 of 1990 and the Rehabilitation Act of 1973; or 

24 (D) to limit the authority of Federal agen25 cies to issue regulations pursuant to the AmeriVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 cans with Disabilities Act of 1990 and the Re2 habilitation Act of 1973. 

3 (h) DEFINITIONS.—In this section: 

4 (1) ANNOTATED LIST OF INFORMATION TECH5 NOLOGY STANDARDS.—The term ‘‘annotated list of 

6 information technology standards’’ means a list of 

7 existing national and international accessibility 

8 standards relevant to student use of postsecondary 

9 electronic instructional materials and related tech10 nologies, and to other types of information tech11 nology common to institutions of higher education, 

12 such as institutional websites or registration sys13 tems, annotated by the commission established pur14 suant to this section. The annotated list of informa15 tion technology standards is intended to serve solely 

16 as a reference tool to inform any consideration of 

17 the relevance of such standards in higher education 

18 contexts. 

19 (2) POSTSECONDARY ELECTRONIC INSTRUC20 TIONAL MATERIALS.—The term ‘‘postsecondary elec21 tronic instructional materials’’ means digital cur22 ricular content that is required, provided, or both 

23 recommended and provided by an institution of high24 er education for use in a postsecondary instructional 

25 program. 

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1 (3) RELATED TECHNOLOGIES.—The term ‘‘re2 lated technologies’’ refers to any software, applica3 tions, learning management or content management 

4 systems, and hardware that an institution of higher 

5 education requires, provides, or both recommends 

6 and provides for student access to and use of post7 secondary electronic instructional materials in a 

8 postsecondary instructional program. 

9 (4) TECHNICAL PANEL.—The term ‘‘technical 

10 panel’’ means a group of experts with extensive, 

11 demonstrated technical experience in the develop12 ment and implementation of accessibility features for 

13 postsecondary electronic instructional materials and 

14 related technologies, established by the Commission 

15 pursuant to subsection (e)(4), which will assist the 

16 commission in the development of the guidelines and 

17 annotated list of information technology standards 

18 authorized under this section. 

19 TITLE X—AMENDMENTS TO 

20 OTHER LAWS 

21 PART A—EDUCATION OF THE DEAF ACT OF 1986 

22 SEC. 10001. COMPOSITION OF BOARD OF TRUSTEES. 

23 Section 103(a)(1) of the Education of the Deaf Act 

24 of 1986 (20 U.S.C. 4303(a)(1)) is amended— 

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1 (1) by striking ‘‘twenty-one’’ and inserting 

2 ‘‘twenty-three’’; 

3 (2) in subparagraph (A)— 

4 (A) by striking ‘‘three’’ and inserting 

5 ‘‘four’’; and 

6 (B) in clause (i)— 

7 (i) by striking ‘‘one’’ and inserting 

8 ‘‘two’’; and 

9 (ii) by striking ‘‘Senator’’ and insert10 ing ‘‘Senators’’; and 

11 (3) in subparagraph (B), by striking ‘‘eighteen’’ 

12 and inserting ‘‘nineteen’’. 

13 SEC. 10002. ADMINISTRATIVE REQUIREMENTS OF LAURENT 

14 CLERC NATIONAL DEAF EDUCATION CENTER. 

15 Section 104(b)(5) of the Education of the Deaf Act 

16 of 1986 (20 U.S.C. 4304(b)(5)) is amended to read as 

17 follows: 

18 ‘‘(5) The University, for purposes of the ele19 mentary and secondary education programs carried 

20 out by the Clerc Center, shall— 

21 ‘‘(A)(i)(I) provide an assurance to the Sec22 retary that the University has adopted and is 

23 implementing challenging State academic stand24 ards that meet the requirements of section 

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1 1111(b)(1) of the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 6311(b)(1)); 

3 ‘‘(II) demonstrate to the Secretary that the 

4 University is implementing a set of high-quality 

5 student academic assessments in mathematics, 

6 reading or language arts, and science, and any 

7 other subjects chosen by the University, that 

8 meet the requirements of section 1111(b)(2) of 

9 such Act (20 U.S.C. 6311(b)(2)); and 

10 ‘‘(III) demonstrate to the Secretary that 

11 the University is implementing an account12 ability system consistent with section 1111(c) of 

13 such Act (20 U.S.C. 6311(c)); or 

14 ‘‘(ii)(I) select the challenging State aca15 demic standards and State academic assess16 ments of a State, adopted and implemented, as 

17 appropriate, pursuant to paragraphs (1) and 

18 (2) of section 1111(b) of such Act (20 U.S.C. 

19 6311(b)); and 

20 ‘‘(II) adopt the accountability system, con21 sistent with section 1111(c) of such Act (20 

22 U.S.C. 6311(c)), of such State; and 

23 ‘‘(B) publicly report, except in a case in 

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1 sonally identifiable information about an indi2 vidual student— 

3 ‘‘(i) the results of the academic as4 sessments implemented under subpara5 graph (A); and 

6 ‘‘(ii) the results of the annual evalua7 tion of the programs at the Clerc Center, 

8 as determined using the accountability sys9 tem adopted under subparagraph (A).’’. 

10 SEC. 10003. FEDERAL ENDOWMENT PROGRAMS FOR GAL11 LAUDET UNIVERSITY AND THE NATIONAL 

12 TECHNICAL INSTITUTE FOR THE DEAF. 

13 Section 207 of the Education of the Deaf Act of 1986 

14 (20 U.S.C. 4357) is amended— 

15 (1) in subsection (e), by striking ‘‘(and its non16 Federal match)’’; and 

17 (2) in subsection (g)(1), by striking ‘‘amounts 

18 contributed to the fund from non-Federal sources, 

19 and’’ and inserting ‘‘and the related’’. 

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1 PART B—TRIBALLY CONTROLLED COLLEGES 

2 AND UNIVERSITIES ASSISTANCE ACT OF 1978 

3 SEC. 10101. TRIBALLY CONTROLLED COLLEGES AND UNI4 VERSITIES ASSISTANCE ACT OF 1978. 

5 (a) DEFINITIONS.—Section 2 of the Tribally Con6 trolled Colleges and Universities Assistance Act of 1978 

7 (25 U.S.C. 1801) is amended— 

8 (1) in subsection (a)— 

9 (A) in paragraph (4), by striking ‘‘or has 

10 been formally’’ and inserting ‘‘and has been for11 mally’’; 

12 (B) in paragraph (7), by adding ‘‘and’’ at 

13 the end; 

14 (C) in paragraph (8), by striking ‘‘; and’’ 

15 and inserting a period; and 

16 (D) by striking paragraph (9); and 

17 (2) in subsection (b)— 

18 (A) by amending paragraph (1) to read as 

19 follows: 

20 ‘‘(1) Such number shall be calculated based on 

21 the number of Indian students who are enrolled— 

22 ‘‘(A) at the conclusion of the third week of 

23 each academic term; or 

24 ‘‘(B) on the fifth day of a shortened pro25 gram beginning after the conclusion of the third 

26 full week of an academic term.’’; 

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1 (B) in paragraph (3), by striking ‘‘for pur2 poses of obtaining’’ and inserting ‘‘solely for the 

3 purpose of obtaining’’; 

4 (C) in paragraph (4)— 

5 (i) By striking ‘‘students’’ and insert6 ing ‘‘individuals 16 years of age or older’’; 

7 and 

8 (ii) by striking ‘‘credit hours.’’ and in9 serting ‘‘credit hours, except that the pro10 visions of paragraphs (1) and (3) shall not 

11 apply to any determination under this 

12 paragraph.’’; 

13 (D) in paragraph (5)— 

14 (i) in subparagraph (A)— 

15 (I) by inserting ‘‘hour’’ after 

16 ‘‘credit’’; 

17 (II) by striking ‘‘in the case of an 

18 institution on a quarter system, or 15 

19 contact hours in the case of an insti20 tution on a semester system,’’; and 

21 (III) by striking ‘‘and’’ at the 

22 end; 

23 (ii) by redesignating subparagraph 

24 (B) as subparagraph (C); and 

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1 (iii) by inserting after subparagraph 

2 (A) the following: 

3 ‘‘(B) shall be determined as one academic 

4 credit hour for every three continuing education 

5 program credits earned in the case of an insti6 tution on a semester system (which may be ad7 justed by the Secretary, if necessary, for insti8 tutions using academic periods other than se9 mesters, such as trimesters or quarters); and’’; 

10 and 

11 (E) by inserting after paragraph (5), the 

12 following: 

13 ‘‘(6) Enrollment data from the prior-prior aca14 demic year shall be used.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.— 

16 (1) IN GENERAL.—The Tribally Controlled Col17 leges and Universities Assistance Act of 1978 (25 

18 U.S.C. 1801 et seq.) is amended by inserting after 

19 section 2 (25 U.S.C. 1801), the following: 

20 ‘‘AUTHORIZATION OF APPROPRIATIONS

21 ‘‘SEC. 3. (a)(1) There are authorized to be appro22 priated to carry out sections 105, 107, 112(b), and 113 

23 such sums as may be necessary for fiscal year 2021 and 

24 each of the five succeeding fiscal years. 

25 ‘‘(2) Funds appropriated pursuant to the authoriza26 tion under paragraph (1) shall be transferred by the SecVerDate Sep 11 2014 23:01 Oct 22, 2019 Jkt 099200 PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 E:\BILLS\H4674.IH H4674
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1 retary of the Treasury through the most expeditious meth2 od available, with each of the tribally controlled colleges 

3 or universities being designated as its own certifying agen4 cy. 

5 ‘‘(b) There are authorized to be appropriated to carry 

6 out title III such sums as may be necessary for fiscal year 

7 2021 and each of the five succeeding fiscal years. Any 

8 funds appropriated pursuant to this subsection are au9 thorized to remain available until expended. 

10 ‘‘(c) There are authorized to be appropriated to carry 

11 out titles IV and V such sums as may be necessary for 

12 fiscal year 2021 and each of the five succeeding fiscal 

13 years. 

14 ‘‘(d)(1) For the purpose of affording adequate notice 

15 of funding available under this Act, amounts appropriated 

16 in an appropriation Act for any fiscal year to carry out 

17 this Act shall become available for obligation on July 1 

18 of that fiscal year and shall remain available until Sep19 tember 30 of the succeeding fiscal year. 

20 ‘‘(2) In order to effect a transition to the forward 

21 funding method of timing appropriation action described 

22 in paragraph (1), there are authorized to be appropriated, 

23 in an appropriation Act or Acts for the same fiscal year, 

24 two separate appropriations to carry out this Act, the first 

25 of which shall not be subject to paragraph (1).’’. 

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1 (2) CONFORMING AMENDMENTS.— 

2 (A) Section 110 of the Tribally Controlled 

3 Colleges and Universities Assistance Act of 

4 1978 (25 U.S.C. 1810) is repealed. 

5 (B) Section 111 of the Tribally Controlled 

6 Colleges and Universities Assistance Act of 

7 1978 (25 U.S.C. 1811) is amended by striking 

8 ‘‘110(a)(2)’’ and inserting ‘‘3(a)(2)’’. 

9 (C) Section 306 of the Tribally Controlled 

10 Colleges and Universities Assistance Act of 

11 1978 (25 U.S.C. 1836) is repealed. 

12 (D) Title III of the Tribally Controlled 

13 Colleges and Universities Assistance Act of 

14 1978 (25 U.S.C. 1831 et seq.) is amended by 

15 striking ‘‘section 306’’ each place it appears 

16 and inserting ‘‘section 3(b)’’ 

17 (E) Section 403 of the Tribally Controlled 

18 Colleges and Universities Assistance Act of 

19 1978 (25 U.S.C. 1852) is repealed. 

20 (F) Section 502 of the Tribally Controlled 

21 Colleges and Universities Assistance Act of 

22 1978 (25 U.S.C. 1862) is amended— 

23 (i) in subsection (a), by striking ‘‘Sub24 ject to the availability of appropriations, 

25 for fiscal year 2009 and each fiscal year 

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1 thereafter,’’ and inserting ‘‘From the 

2 amount made available under section 3(c) 

3 for each fiscal year,’’; and 

4 (ii) in subsection (d)(1), by striking 

5 ‘‘For fiscal year 2009 and each fiscal year 

6 thereafter, of amounts made available pur7 suant to section 504,’’ and inserting 

8 ‘‘From the amount made available under 

9 section 3(c) for each fiscal year,’’. 

10 (G) Section 504 of the Tribally Controlled 

11 Colleges and Universities Assistance Act of 

12 1978 (25 U.S.C. 1864) is repealed. 

13 (c) ANNUAL REPORT ON EMERGING TRIBAL COL14 LEGES.—Section 104 of the Tribally Controlled Colleges 

15 and Universities Assistance Act of 1978 (25 U.S.C. 

16 1804a) is amended to read as follows: 

17 ‘‘ANNUAL REPORT ON EMERGING TRIBAL COLLEGES

18 ‘‘SEC. 104. Not later than December 31 of each year, 

19 the Secretary shall submit a report to the Senate Com20 mittee on Indian Affairs, the Senate Committee on 

21 Health, Education, Labor and Pensions, the House Com22 mittee on Natural Resources, the House Committee on 

23 Education and Labor, the Senate Appropriations Sub24 committee on the Interior, and the House Appropriations 

25 Subcommittee on the Interior on developing and emerging 

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1 tribally controlled colleges or universities. Such report 

2 shall include information on— 

3 ‘‘(1) inquiries received by the Secretary from 

4 federally recognized Indian Tribes and tribal organi5 zations regarding the process for establishing a trib6 ally controlled college or university; 

7 ‘‘(2) the status of ongoing efforts to establish 

8 tribally controlled colleges or universities; 

9 ‘‘(3) the geographic location, current and pro10 jected size, and anticipated application time frame of 

11 each reported institution; and 

12 ‘‘(4) such other data as the Secretary may 

13 deem relevant.’’. 

14 (d) ELIGIBILITY STUDIES.—Section 106 of the Trib15 ally Controlled Colleges and Universities Assistance Act 

16 of 1978 (25 U.S.C. 1806) is amended— 

17 (1) in subsection (b), by striking ‘‘for the fiscal 

18 year succeeding’’ and inserting ‘‘for the second fiscal 

19 year succeeding’’; and 

20 (2) in subsection (c), by striking ‘‘drawn from’’ 

21 and all that follows through the period at the end 

22 and inserting ‘‘drawn from the general administra23 tive appropriations to the Secretary.’’ 

24 (e) GRANTS TO TRIBALLY CONTROLLED COLLEGES

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1 trolled Colleges and Universities Assistance Act of 1978 

2 (25 U.S.C. 1807) is amended— 

3 (1) in subsection (c), by striking ‘‘given to insti4 tutions’’ and all that follows through the period at 

5 the end and inserting ‘‘given to institutions which 

6 received payments under this title in fiscal year 

7 2019 or were affiliated with an institution which re8 ceived payments under this title in fiscal year 

9 2019.’’; and 

10 (2) in subsection (d), by inserting ‘‘higher edu11 cation’’ after ‘‘national Indian’’ both places it ap12 pears. 

13 (f) AMOUNT OF GRANTS.—Section 108 of the Trib14 ally Controlled Colleges and Universities Assistance Act 

15 of 1978 (25 U.S.C. 1808) is amended— 

16 (1) by striking subsection (a)(2) and inserting 

17 the following: 

18 ‘‘(2) EXCEPTIONS.— 

19 ‘‘(A) If the sum appropriated for any fiscal 

20 year for payments under this section is not suf21 ficient to pay in full the total amount that ap22 proved applicants are eligible to receive under 

23 this section for such fiscal year, the Secretary 

24 shall first allocate to each such applicant that 

25 received funds under this part for the preceding 

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1 fiscal year an amount equal to 100 percent of 

2 the product of the per capita payment for the 

3 preceding fiscal year and such applicant’s In4 dian student count for the current program 

5 year, plus an amount equal to the actual cost 

6 of any increase to the per capita figure result7 ing from inflationary increases to necessary 

8 costs beyond the institution’s control. 

9 ‘‘(B) The amount of a grant under para10 graph (1) shall not exceed an amount equal to 

11 the total cost of the education program pro12 vided by the applicable tribally controlled col13 lege or university.’’; and 

14 (2) in subsection (b)(1)— 

15 (A) by striking ‘‘of the funds available for 

16 allotment by October 15 or no later than 14 

17 days after appropriations become available’’ and 

18 inserting ‘‘of the amounts appropriated for any 

19 fiscal year on or before July 1 of that fiscal 

20 year’’; and 

21 (B) by striking ‘‘January 1’’ and inserting 

22 ‘‘September 30’’. 

23 (g) REPORT ON FACILITIES.—Section 112 of the 

24 Tribally Controlled Colleges and Universities Assistance 

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1 Act of 1978 (25 U.S.C. 1812) is amended to read as fol2 lows: 

3 ‘‘REPORT ON FACILITIES

4 ‘‘SEC. 112. (a) The Secretary shall provide for the 

5 conduct of a study on the condition of tribally controlled 

6 college or university facilities, which, for purposes of this 

7 section, shall include the facilities of a Tribal College or 

8 University, as defined in section 316(b) of the Higher 

9 Education Act of 1965 (20 U.S.C. 1059c(b)). Such study 

10 shall identify the need for new construction, renovation, 

11 and infrastructure enhancements of tribally controlled col12 lege or university facilities. 

13 ‘‘(b) The study required in subsection (a) may be con14 ducted directly by the Secretary or by contract. 

15 ‘‘(c) A report on the results of the study required in 

16 subsection (a) shall be submitted to the Senate Committee 

17 on Indian Affairs, the Senate Committee on Health, Edu18 cation, Labor and Pensions, the House Committee on Nat19 ural Resources, the House Committee on Education and 

20 Labor, the Senate Appropriations Subcommittee on the 

21 Interior, and the House Appropriations Subcommittee on 

22 the Interior not later than 18 months after the date of 

23 the enactment of the College Affordability Act.’’. 

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1 sities Assistance Act of 1978 (25 U.S.C. 1813) is amend2 ed— 

3 (1) in subsection (a), by striking ‘‘of the Ad4 ministrator of General Services under section 112(a) 

5 of this Act’’ and inserting ‘‘under section 112(c)’’; 

6 (2) in subsection (b), by striking ‘‘a tribally 

7 controlled college or university—’’ and all that fol8 lows through the period at the end and inserting ‘‘a 

9 tribally controlled college or university shall be a 

10 Tribal College or University, as defined in section 

11 316(b) of the Higher Education Act of 1965 (20 

12 U.S.C. 1059c(b)).’’; 

13 (3) by redesignating subsections (d) through (f) 

14 as subsections (e) through (g), respectively; and 

15 (4) by inserting after subsection (c) the fol16 lowing: 

17 ‘‘(d) Activities eligible for a grant under this section 

18 shall be activities that address a wide variety of facilities 

19 and infrastructure needs including— 

20 ‘‘(1) building of new facilities; 

21 ‘‘(2) renovating or expanding existing or ac22 quired facilities; 

23 ‘‘(3) providing new and existing facilities with 

24 equipment and infrastructure, including laboratory 

25 equipment, computer infrastructure and equipment, 

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1 broadband infrastructure and equipment, library 

2 books, and furniture; and 

3 ‘‘(4) property acquisition.’’. 

4 (i) CONFORMING AMENDMENT FOR THE NAVAJO

5 TRIBE.—Section 114(a) of the Tribally Controlled Col6 leges and Universities Assistance Act of 1978 (25 U.S.C. 

7 1814(a)) is amended striking ‘‘The Navajo’’ and inserting 

8 ‘‘Except as provided in sections 112 and 113, the Nav9 ajo’’. 

10 (j) RULES AND REGULATIONS.—Section 115 of the 

11 Tribally Controlled Colleges and Universities Assistance 

12 Act of 1978 (25 U.S.C. 1815) is repealed. 

13 (k) ENDOWMENT GRANTS.—Section 302 of the Trib14 ally Controlled Colleges and Universities Assistance Act 

15 of 1978 (25 U.S.C. 1832) is amended by adding at the 

16 end the following: 

17 ‘‘(c) The period of a grant under this section shall 

18 be not more than 20 years. During the grant period, an 

19 institution may withdraw and expend interest income gen20 erated by the endowment for any operating or academic 

21 purpose. An institution may not withdraw or expend any 

22 of the endowment fund corpus. After the termination of 

23 the grant period, an institution may use the endowment 

24 fund corpus for any operating or academic purpose. 

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1 ‘‘(d)(1) If at any time during the grant period an in2 stitution withdraws part of the endowment fund corpus, 

3 the institution shall repay to the Secretary an amount 

4 equal to 150 percent of the withdrawn amount. The Sec5 retary may use up to 75 percent of such repaid funds to 

6 make additional endowment grants to, or to increase exist7 ing endowment grants at, other eligible institutions. 

8 ‘‘(2) Notwithstanding subsection (c) and para9 graph(1), the Secretary may allow an institution to expend 

10 part of the endowment fund corpus if the institution dem11 onstrates such an expenditure is necessary because of— 

12 ‘‘(A) a financial emergency, such as a pending 

13 insolvency or temporary liquidity problem; 

14 ‘‘(B) a life-threatening situation occasioned by 

15 a natural disaster or arson; or 

16 ‘‘(C) any other unusual occurrence or exigent 

17 circumstance.’’. 

18 (l) PARTICIPATION OF TRIBALLY CONTROLLED

19 POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS

20 UNDER OTHER TITLES.—Section 503(a) of the Tribally 

21 Controlled Colleges and Universities Assistance Act of 

22 1978 (25 U.S.C. 1863(a)) is amended to read as follows: 

23 ‘‘(a) PARTICIPATION OF TRIBALLY CONTROLLED

24 POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS

25 UNDER OTHER TITLES.—For purposes of the preceding 

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1 titles of this Act, a tribally controlled postsecondary career 

2 and technical institution shall not be considered to be a 

3 tribally controlled college or university except as follows: 

4 ‘‘(1) For purposes of section 105(a)(1), the 

5 Secretary shall provide, upon request from a tribally 

6 controlled postsecondary career and technical insti7 tution, technical assistance either directly or through 

8 contract. 

9 ‘‘(2) For purposes of section 113, title III, and 

10 title IV, a tribally controlled postsecondary career 

11 and technical institution shall be considered to be a 

12 tribally controlled college or university.’’. 

13 (m) CLERICAL AMENDMENTS.—The Tribally Con14 trolled Colleges and Universities Assistance Act of 1978 

15 (25 U.S.C. 1801 et seq.), as amended by the preceding 

16 provisions of this section, is further amended— 

17 (1) by striking ‘‘Bureau of Indian Affairs’’ each 

18 place it appears and inserting ‘‘Bureau of Indian 

19 Education’’; 

20 (2) by striking ‘‘Navajo Community College 

21 Act’’ each place it appears and inserting ‘‘Dine ́ Col22 lege Act’’; and 

23 (3) in section 109 (25 U.S.C. 1809), by redes24 ignating the second subsection (c) as subsection (d). 

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1 PART C—STRENGTHENING PROGRAM ALIGN2 MENT FOR POSTSECONDARY PERKINS CA3 REER AND TECHNICAL EDUCATION PRO4 GRAMS 

5 SEC. 10201. STRENGTHENING PROGRAM ALIGNMENT FOR 

6 POSTSECONDARY PERKINS CAREER AND 

7 TECHNICAL EDUCATION PROGRAMS. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.— 

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

10 appropriated to carry out this section $181,000,000 

11 for fiscal year 2021 and each of the 5 succeeding fis12 cal years. 

13 (2) OUTLYING AREAS.—In addition to the 

14 amounts authorized to be appropriated under para15 graph (1), there are authorized to be appropriated 

16 $1,520,000 for fiscal year 2021 and each of the 5 

17 succeeding fiscal years, for the purpose of awarding 

18 funds to carry out this section to the outlying areas 

19 described in section 115(a) of the Carl D. Perkins 

20 Career and Technical Education Act of 2006 (20 

21 U.S.C. 2325(a)). 

22 (3) TRIBALLY CONTROLLED POSTSECONDARY

23 CAREER AND TECHNICAL INSTITUTIONS.—In addi24 tion to the amounts authorized to be appropriated 

25 under paragraphs (1) and (2), there are authorized 

26 to be appropriated $10,469,000 for fiscal year 2021 

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1 and each of the 5 succeeding fiscal years, for the 

2 purpose of awarding funds to carry out this section 

3 to tribally controlled postsecondary career and tech4 nical institutions described in section 117(a) of the 

5 Carl D. Perkins Career and Technical Education 

6 Act of 2006 (20 U.S.C. 2327(a)). 

7 (b) ALLOTMENT AND ALLOCATION.— 

8 (1) STATE ALLOTMENT.— 

9 (A) IN GENERAL.—From the amount ap10 propriated under subsection (a)(1) for each fis11 cal year, the Secretary of Education shall allot 

12 funds to States in the same manner as allot13 ments are made to States under 111(a)(2) of 

14 the Carl D. Perkins Career and Technical Edu15 cation Act of 2006 (20 U.S.C. 2321(a)(2)), ex16 cept that such section 111(a)(2) shall be ap17 plied by substituting ‘‘From the amount appro18 priated under subsection (a)(1),’’ for ‘‘From the 

19 remainder of the amount appropriated under 

20 section 9 and not reserved under paragraph (1) 

21 for a fiscal year,’’. 

22 (B) REALLOTMENT.—If for any fiscal year 

23 the amount appropriated for allotments under 

24 this paragraph is insufficient to satisfy the pro25 visions of subparagraph (A), the payments to 

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1 all States under such subparagraph shall be 

2 ratably reduced. 

3 (2) REQUIREMENTS FOR STATE ALLOTMENT.— 

4 From the amount allotted to each State under para5 graph (1) for a fiscal year, the eligible agency shall 

6 use such funds in the same manner and in the same 

7 amounts as described in paragraphs (2) and (3) of 

8 section 112(a) of the Carl D. Perkins Career and 

9 Technical Education Act of 2006 (20 U.S.C. 

10 2321(a)). 

11 (3) ELIGIBLE RECIPIENT ALLOCATION.— 

12 (A) IN GENERAL.—From the amount allot13 ted to each State under paragraph (1) and not 

14 used under paragraph (2) for a fiscal year, the 

15 eligible agency shall allocate funds to each eligi16 ble recipient within the State in the same man17 ner that funds are allocated to eligible institu18 tions or consortium of eligible institutions under 

19 section 132(a)(2) of the Carl D. Perkins Career 

20 and Technical Education Act of 2006 (20 

21 U.S.C. 2352(a)(2)), except that such section 

22 132(a)(2) shall be applied by substituting ‘‘the 

23 amount allotted to the State under paragraph 

24 (1) and not used under paragraph (2)’’ for ‘‘the 

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1 portion of funds made available under section 

2 112(a)(1) to carry out this section’’. 

3 (B) REQUIREMENTS FOR ALLOCATION.— 

4 To receive an allocation under subparagraph 

5 (A), an eligible recipient shall meet the fol6 lowing requirements: 

7 (i) Provide a description to the Sec8 retary, at such time and in such manner, 

9 as may be required by the Secretary of 

10 how the eligible recipient will use the allo11 cation to support and coordinate with— 

12 (I) any funds received by such el13 igible recipient under title I of the 

14 Carl D. Perkins Career and Technical 

15 Education Act of 2006 (20 U.S.C. 

16 2321 et seq.); and 

17 (II) the activities described in the 

18 State plan of the eligible agency that 

19 distributes funds under such title to 

20 such eligible recipient, and local appli21 cation of such eligible recipient under 

22 such title. 

23 (ii) Establish partnerships with each 

24 of the following: 

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1 (I) A local educational agency or 

2 a consortia of local educational agen3 cies. 

4 (II) An area career and technical 

5 education school, in a case in which 

6 such a school is located in the State 

7 or local area of the eligible recipient. 

8 (III) A State or local workforce 

9 development system. 

10 (IV) A 4-year institution of high11 er education. 

12 (4) ALLOTMENTS TO OUTLYING AREAS.—From 

13 funds appropriated under subsection (a)(2), the Sec14 retary shall— 

15 (A) make a grant in the amount of 

16 $660,000 to Guam; 

17 (B) make a grant in the amount of 

18 $350,000 to each of the Commonwealth of the 

19 Northern Mariana Islands and American 

20 Samoa; and 

21 (C) make a grant in the amount of 

22 $160,000 to the Republic of Palau. 

23 (c) USES OF FUNDS.— 

24 (1) IN GENERAL.—Each eligible recipient that 

25 receives an allocation under subsection (b)(2) shall 

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1 use such allocation to carry out a career and tech2 nical education program of study that shall— 

3 (A) include alignment to career pathways, 

4 the use of articulation agreements, and career 

5 guidance and academic counseling; 

6 (B) combine a minimum of 2 years of sec7 ondary education (as determined under State 

8 law) with a minimum of 2 years of postsec9 ondary education in a nonduplicative, sequential 

10 course of study; 

11 (C) include work-based learning or appren12 ticeship programs; 

13 (D) be aligned with— 

14 (i) the workforce development system; 

15 and 

16 (ii) institutions of higher education of17 fering baccalaureate or advanced degree 

18 programs; 

19 (E) offer education and training in high20 skill, high-wage, or in-demand industry sectors 

21 and occupations to meet the regional needs and 

22 support the priorities described in the most re23 cent comprehensive local needs assessment con24 ducted by the eligible recipient under section 

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1 134(c) of the Carl D. Perkins Career and Tech2 nical Education Act (20 U.S.C. 2354(c)); and 

3 (F) carry out the requirements of subpara4 graph (A), (B), (C), (D), or (E) of paragraph 

5 (2). 

6 (2) REQUIREMENTS.—Each career and tech7 nical education program of study described in para8 graph (1) shall carry out at least one of the fol9 lowing: 

10 (A) Supporting the development, delivery, 

11 or implementation of a statewide effort to scale 

12 such program of study and career pathways. 

13 (B) Establishing industry or sector part14 nerships inside or outside the State. 

15 (C) Providing equal access to, and sup16 ports for, successful completion of the career 

17 and technical education program of study to in18 dividuals who are members of special popu19 lations, including the development of services 

20 appropriate to the needs of special populations. 

21 (D) Improving career guidance, academic 

22 counseling, and career exploration activities for 

23 prospective or participating students through 

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1 tion and career plans aligned to career path2 ways. 

3 (E) Developing curriculum and supports 

4 for effective transitions between the following: 

5 (i) The transition from a secondary 

6 career and technical education program to 

7 a postsecondary career and technical edu8 cation program. 

9 (ii) The transition from postsecondary 

10 career and technical education programs to 

11 an institution of higher education offering 

12 a baccalaureate or an advanced degree pro13 gram. 

14 (iii) The transition from a workforce 

15 development system to a postsecondary ca16 reer and technical education program. 

17 (iv) The transition from a postsec18 ondary career and technical education pro19 gram to employment. 

20 (v) The transition from a career and 

21 technical education program to an appren22 ticeship program or from an apprenticeship 

23 program to an institution of higher edu24 cation or employment. 

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1 (3) RESTRICTION ON USES OF FUNDS.—Each 

2 eligible recipient that receives an allocation under 

3 subsection (b)(2) shall not use more than 5 percent 

4 of such allocation for costs associated with the ad5 ministration of activities. 

6 (d) DEFINITIONS.—In this section: 

7 (1) APPRENTICESHIP PROGRAM.—The term 

8 ‘‘apprenticeship program’’ means an apprenticeship 

9 registered under the Act of August 16, 1937 (com10 monly known as the ‘‘National Apprenticeship Act’’; 

11 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). 

12 (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible 

13 recipient’’ has the meaning given the term in section 

14 3(21)(B) of the Carl D. Perkins Career and Tech15 nical Education Act of 1965 (20 U.S.C. 

16 2302(21)(B)). 

17 (3) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given such term in section 101 of the High20 er Education Act of 1965 (20 U.S.C. 1001). 

21 (4) LOCAL EDUCATIONAL AGENCY.—The term 

22 ‘‘local educational agency’’ has the meaning given 

23 such term in section 8101 of the Elementary and 

24 Secondary Education Act of 1965 (20 U.S.C. 7801). 

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1 (5) PERKINS CTE TERMS.—The terms ‘‘articu2 lation agreement’’, ‘‘area career and technical edu3 cation school’’, ‘‘career and technical education’’, 

4 ‘‘eligible agency’’, ‘‘program of study’’, ‘‘special pop5 ulation’’, and ‘‘work-based learning’’ have the mean6 ings given the terms in section 3 of the Carl D. Per7 kins Career and Technical Education Act of 2006 

8 (20 U.S.C. 2302). 

9 (6) STATE.—The term ‘‘State’’ has the mean10 ing given the term in section 111(d) of the Carl D. 

11 Perkins Career and Technical Education Act of 

12 2006. 

13 (7) WIOA TERMS.—The terms ‘‘career path14 way’’, ‘‘workforce development system’’, ‘‘in-demand 

15 industry sector or occupation’’, and ‘‘industry or sec16 tor partnership’’ have the meanings given the terms 

17 in section 3 of the Workforce Innovation and Oppor18 tunity Act (29 U.S.C. 3201). 

19 PART E—GENERAL EDUCATION PROVISIONS ACT 

20 SEC. 10301. RELEASE OF EDUCATION RECORDS TO FACILI21 TATE THE AWARD OF A RECOGNIZED POST22 SECONDARY CREDENTIAL. 

23 Section 444(b) of the General Education Provisions 

24 Act (20 U.S.C. 1232g(b)) is amended— 

25 (1) in paragraph (1)— 

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1 (A) in subparagraph (K)(ii), by striking ‘‘; 

2 and’’ and inserting a semicolon; and 

3 (B) in subparagraph (L), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (2) by inserting after subparagraph (L) the fol6 lowing: 

7 ‘‘(M) an institution of postsecondary education 

8 in which the student was previously enrolled, to 

9 which records of postsecondary coursework and cred10 its are sent for the purpose of applying such 

11 coursework and credits toward completion of a rec12 ognized postsecondary credential (as that term is de13 fined in section 3 of the Workforce Innovation and 

14 Opportunity Act (29 U.S.C. 3102)), upon condition 

15 that the student provides written consent prior to re16 ceiving such credential.’’. 

17 PART F—EDUCATION SCIENCES REFORM ACT OF 

18 2002 

19 SEC. 10401. INCLUSION OF RACIAL SUBGROUPS IN IPEDS 

20 DATA. 

21 Section 153(a)(3) of the Education Sciences Reform 

22 Act of 2002 (20 U.S.C. 9543(a)(3)) is amended— 

23 (1) by striking ‘‘feasible, information’’ and in24 serting the following: ‘‘feasible— 

25 ‘‘(A) information’’; 

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1 (2) by inserting ‘‘and’’ after the semicolon; and 

2 (3) by adding at the end the following: 

3 ‘‘(B) information from the Integrated 

4 Postsecondary Education Data Survey, the 

5 postsecondary student data system established 

6 under section 132(l), or a successor system 

7 (whichever includes the most recent data), that 

8 is disaggregated by race in a manner that cap9 tures all the racial groups specified in the 

10 American Community Survey of the Bureau of 

11 the Census;’’. 

12 PART G—UNITED STATES INSTITUTE OF PEACE 

13 SEC. 10501. REAUTHORIZATION OF THE UNITED STATES IN14 STITUTE OF PEACE. 

15 Section 1710 of the United States Institute of Peace 

16 Act (22 U.S.C. 4609) is amended in subsection (a)(1) by 

17 striking ‘‘fiscal years 2009 through 2014’’ and inserting 

18 ‘‘fiscal year 2021 and each of the 5 succeeding fiscal 

19 years’’. 

Æ