IB 

Union Calendar No. 583 

116TH CONGRESS 

2D SESSION H. R. 4674 

[Report No. 116–700] 

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 

DECEMBER 28, 2020 

Additional sponsors: Mr. QUIGLEY, Mr. NEGUSE, Mr. GARAMENDI, Mr. 

ESPAILLAT, Mr. MCGOVERN, Ms. MENG, Mr. SCHIFF, Mr. SCHRADER, 

Mr. KHANNA, Ms. BASS, Mr. THOMPSON of California, Mr. MALINOWSKI, 

Mr. SAN NICOLAS, Mr. DANNY K. DAVIS of Illinois, Ms. NORTON, Ms. 

SEWELL of Alabama, Mr. SWALWELL of California, Ms. LEE of California, Mr. LANGEVIN, Mr. CARSON of Indiana, Mrs. NAPOLITANO, Mr. 

CICILLINE, Ms. SCANLON, Mr. PAYNE, Mrs. BEATTY, Ms. FRANKEL, Ms. 

CASTOR of Florida, Mr. HIGGINS of New York, Ms. HAALAND, Mr. PANETTA, Ms. JUDY CHU of California, Ms. BARRAGA ́N, Mr. GARCI ́A of Illinois, Mrs. WATSON COLEMAN, Mr. VELA, Mr. SEAN PATRICK MALONEY

of New York, Mr. LOWENTHAL, Ms. STEVENS, Mr. LEWIS, Mr. RICHMOND, Mr. HUFFMAN, Mrs. DINGELL, Mr. LUJA ́N, Mr. KEATING, Mr. 

SOTO, Ms. MOORE, Mr. RYAN, Mr. KENNEDY, Ms. ESHOO, Ms. WATERS, 

Mr. CARBAJAL, Mr. PRICE of North Carolina, Mr. BLUMENAUER, Mr. 

PAPPAS, Ms. BROWNLEY of California, Mr. CISNEROS, Mr. BRENDAN F. 

BOYLE of Pennsylvania, Ms. GARCIA of Texas, Mr. RASKIN, Mr. 

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GALLEGO, Mr. CLEAVER, Mr. CASTEN of Illinois, Mr. SIRES, Mr. CRIST, 

Mrs. LAWRENCE, Ms. CLARKE of New York, Ms. WASSERMAN SCHULTZ, 

Mr. PASCRELL, Ms. DELBENE, Mr. NADLER, Mr. SERRANO, Mr. POCAN, 

Mr. SUOZZI, Mr. ENGEL, Mr. DEFAZIO, Ms. DEAN, Ms. CLARK of Massachusetts, Ms. JOHNSON of Texas, Ms. SLOTKIN, Mrs. LURIA, Mr. 

GOMEZ, Mr. KILDEE, Mr. LEVIN of California, Mr. HORSFORD, Mr. 

BISHOP of Georgia, Ms. UNDERWOOD, Ms. KUSTER of New Hampshire, 

Mr. KIM, Mr. PERLMUTTER, Ms. SCHAKOWSKY, Ms. SA ́NCHEZ, Mr. 

CARTWRIGHT, Mr. SMITH of Washington, Ms. JACKSON LEE, Mr. 

LAWSON of Florida, Mr. ROUDA, Ms. ROYBAL-ALLARD, Mr. LYNCH, Mr. 

THOMPSON of Mississippi, Mrs. CAROLYN B. MALONEY of New York, Mr. 

CROW, Mr. DAVID SCOTT of Georgia, Mr. RUSH, Mr. YARMUTH, Mr. 

VEASEY, Mr. CA ́RDENAS, Mr. JEFFRIES, Ms. CRAIG, Mr. COHEN, Mr. 

TED LIEU of California, Mr. SHERMAN, Ms. MCCOLLUM, Ms. WEXTON, 

Mr. CUELLAR, Mrs. MCBATH, Mr. CONNOLLY, Mr. JOHNSON of Georgia, 

Mrs. BUSTOS, Ms. VELA ́ZQUEZ, Ms. KELLY of Illinois, Mr. 

KRISHNAMOORTHI, Ms. LOFGREN, Mr. VARGAS, Mr. COX of California, 

Mr. MOULTON, Ms. DEGETTE, Mr. FOSTER, Mr. DOGGETT, Mrs. KIRKPATRICK, Mr. NEAL, Ms. DAVIDS of Kansas, Mr. MCEACHIN, Mr. 

BUTTERFIELD, and Ms. SHERRILL

DECEMBER 28, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on October 15, 2019] 

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. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Col5 lege Affordability Act’’. 

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

7 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. Antidiscrimination. 

Sec. 1012. National Advisory Committee on Institutional Quality and Integrity. 

Sec. 1013. Disclosures of foreign gifts. 

Sec. 1014. Alcohol and substance misuse prevention. 

Sec. 1015. Exception to required registration with selective service system. 

Sec. 1016. Integrity of nonprofit institutions of higher education. 

Sec. 1017. Support and guidance for homeless individuals and foster care youth. 

Sec. 1018. Calculation of percentage of enrolled students receiving or eligible for 

Federal Pell Grants. 

Sec. 1019. Certification regarding the use of certain Federal funds. 

Sec. 1020. Freedom of association. 

PART C—COST OF HIGHER EDUCATION

Sec. 1021. Consumer information. 

Sec. 1022. Postsecondary student data system. 

Sec. 1023. Avoiding duplicative reporting. 

Sec. 1024. Disclosure of non-instructional spending increases. 

Sec. 1025. Textbook information. 

Sec. 1026. Repeals. 

Sec. 1027. 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. 

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TITLE II—TEACHER QUALITY ENHANCEMENT 

PART A—TEACHER AND SCHOOL LEADER QUALITY PARTNERSHIP GRANTS

Sec. 2001. Definitions. 

Sec. 2002. Purposes. 

Sec. 2003. Partnership grants. 

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 institutions. 

Sec. 3003. Strengthening Historically Black Colleges and Universities. 

Sec. 3004. Historically Black College and University Capital Financing. 

Sec. 3005. Strengthening Historically Black Colleges and Universities and other 

minority-serving institutions. 

Sec. 3006. 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. 

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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. 

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—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. Consolidation loans. 

Sec. 4105. Default reduction program. 

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

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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. Automatic closed school discharge. 

Sec. 4113. Repayment of parent loans due to student disability. 

PART C—FEDERAL WORK-STUDY PROGRAMS

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. Amendments to work colleges. 

Sec. 4208. Pilot grant program. 

Sec. 4209. Department activities. 

Sec. 4210. 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. Amendments 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. 

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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. 

Sec. 4604. Student eligibility. 

Sec. 4605. Reasonable collection costs on defaulted loans. 

Sec. 4606. Student eligibility information for nutrition assistance programs. 

Sec. 4607. Exit counseling. 

Sec. 4608. Clery Act amendments. 

Sec. 4609. Online survey tool for campus safety. 

Sec. 4610. Transfer of credit policies. 

Sec. 4611. Amendments to institutional and financial assistance. 

Sec. 4612. Prevention of improper access. 

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. Revenue requirement. 

Sec. 4625. Teach-out plans. 

Sec. 4626. Experimental programs. 

Sec. 4627. Administrative expenses. 

Sec. 4628. Criminal penalties for misuse of access devices. 

Sec. 4629. Regional meetings and negotiated rulemaking. 

Sec. 4630. Income-based repayment plan. 

Sec. 4631. Fixed repayment plan. 

Sec. 4632. Requiring a common manual for loan servicers. 

Sec. 4633. Removal of record of default. 

Sec. 4634. Amendments to terms and conditions of borrower defenses. 

Sec. 4635. On-time repayment rates. 

PART H—PROGRAM INTEGRITY

SUBPART 1—STATE ROLE

Sec. 4701. State responsibilities. 

SUBPART 2—ACCREDITING AGENCY RECOGNITION

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

Sec. 4712. Accrediting agency recognition of institutions enrolling incarcerated 

individuals. 

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Sec. 4713. Requirements for accrediting agency recognition. 

SUBPART 3—PROGRAM REVIEW AND DATA

Sec. 4721. Eligibility and certification procedures. 

Sec. 4722. Program review and data. 

SUBPART 4—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. 

Sec. 4803. Pathways to student success for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving 

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 assistance in areas of national need. 

Sec. 7002. Graduate education programs. 

Sec. 7003. Fund for the Improvement of Postsecondary Education. 

Sec. 7004. Minority-serving institutions innovation fund. 

Sec. 7005. Definitions. 

Sec. 7006. Supporting postsecondary faculty, staff, and administrators in providing accessible education. 

Sec. 7007. Office of Accessibility. 

Sec. 7008. Postsecondary programs for students with intellectual disabilities. 

Sec. 7009. National Technical Assistance Center and National Coordinating Center for Inclusion of Students with Intellectual Disabilities. 

Sec. 7010. Formula grants to States to improve higher education opportunities 

for foster youth and homeless youth. 

TITLE VIII—ADDITIONAL PROGRAMS 

Sec. 8001. Repeals. 

Sec. 8002. Ronald V. Dellums memorial STEAM scholars program. 

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Sec. 8003. Teach for America. 

Sec. 8004. Patsy T. Mink Fellowship Program. 

Sec. 8005. Improving science, technology, engineering, and mathematics education with a focus on American Indian, Alaska Native, and 

Native Hawaiian students. 

Sec. 8006. Grants for rural-serving institutions of higher education. 

Sec. 8007. Training for realtime writers to provide closed captioning and court 

reporting services. 

Sec. 8008. Grant program to establish, maintain, and improve veteran student 

centers. 

Sec. 8009. University Sustainability Program amendments. 

Sec. 8010. Modeling and simulation. 

Sec. 8011. Path to success. 

Sec. 8012. Mandatory funding for masters and postbaccalaureate programs. 

Sec. 8013. Funds for access to open educational resources. 

Sec. 8014. Encouraging campus comprehensive mental health and suicide prevention plans. 

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. Disaggregation of data by sexual orientation and gender identity. 

Sec. 9009. Accessible instructional materials and technology. 

Sec. 9010. Serving and supporting students with mental health disabilities in institutions of higher education. 

Sec. 9011. Federal student loan cancellation commission. 

Sec. 9012. Distribution of resources to prevent incidents of bias on campus. 

Sec. 9013. GAO study on racial and socioeconomic equity gaps at public 4-year 

institutions. 

Sec. 9014. GAO study on license revocations related to student loan defaults. 

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. 

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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 D—GENERAL EDUCATION PROVISIONS ACT

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

postsecondary credential. 

PART E—EDUCATION SCIENCES REFORM ACT OF 2002 

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

PART F—U.S. INSTITUTE OF PEACE

Sec. 10501. Reauthorization of the U.S. 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 of 

4 an amendment to, or repeal of, a section or other provision, 

5 the reference shall be considered to be made to a section or 

6 other provision of the Higher Education Act of 1965 (20 

7 U.S.C. 1001 et seq.). 

8 SEC. 3. GENERAL EFFECTIVE DATE. 

9 Except as otherwise provided in this Act or the amend10 ments made by this Act, this Act and the amendments made 

11 by this Act shall take effect on the date of enactment of this 

12 Act. 

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1 TITLE I—GENERAL PROVISIONS 

2 PART A—DEFINITIONS 

3 SEC. 1001. DEFINITION OF INSTITUTION OF HIGHER EDU4 CATION FOR PURPOSES OF TITLE IV PRO5 GRAMS. 

6 (a) CLARIFICATION.—Section 102(a)(4)(A) of Higher 

7 Education Act of 1965 (20 U.S.C. 1002(a)(4)(A)) is amend8 ed by inserting ‘‘or receivership’’ after ‘‘that files for bank9 ruptcy’’. 

10 (b) PROPRIETARY INSTITUTIONS.— 

11 (1) IN GENERAL.—Section 102(b) of the Higher 

12 Education Act of 1965 (20 U.S.C. 1002(b)) is amend13 ed— 

14 (A) in paragraph (1)— 

15 (i) in subparagraph (D), by striking 

16 ‘‘and’’ after the semicolon; 

17 (ii) in subparagraph (E), by striking 

18 the period at the end and inserting ‘‘; and’’; 

19 and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(F) meets the requirements of paragraph 

23 (3).’’; and 

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

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1 ‘‘(3) REVENUE SOURCES.—In order to qualify as 

2 a proprietary institution of higher education under 

3 this subsection, an institution shall derive not less 

4 than 15 percent of the institution’s revenues from 

5 sources other than Federal education assistance funds, 

6 as calculated in accordance with paragraph (4).’’. 

7 (2) TRANSFER OF PROVISIONS.— 

8 (A) FIRST TRANSFER.—Paragraph (1) of 

9 section 487(d) of the Higher Education Act of 

10 1965 (as amended by section 4624) is— 

11 (i) transferred to section 102(b) of such 

12 Act; 

13 (ii) inserted so as to appear after 

14 paragraph (3) of such section 102(b) (as 

15 added by paragraph (1)(B)); 

16 (iii) redesignated as paragraph (4) of 

17 such section 102(b); and 

18 (iv) further amended by striking ‘‘sub19 section (a)(24)’’ and inserting ‘‘paragraph 

20 (3)’’. 

21 (B) SECOND TRANSFER.—Paragraph (3) of 

22 section 487(d) of the Higher Education Act of 

23 1965 (as amended by 4624) is— 

24 (i) transferred to section 102(b) of such 

25 Act; 

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1 (ii) inserted so as to appear after 

2 paragraph (4) of such section 102(b) (as 

3 added by subparagraph (A)); 

4 (iii) redesignated as paragraph (5) of 

5 such section 102(b); and 

6 (iv) further amended by striking ‘‘sub7 section (a)(24)’’ and inserting ‘‘paragraph 

8 (3)’’. 

9 (C) THIRD TRANSFER.—Paragraph (4) of 

10 section 487(d) of the Higher Education Act of 

11 1965 (as amended by section 4624) is— 

12 (i) transferred to section 102(b) of such 

13 Act; 

14 (ii) inserted so as to appear after 

15 paragraph (5) of such section 102(b) (as 

16 added by subparagraph (B)); 

17 (iii) redesignated as paragraph (6) of 

18 such section 102(b); and 

19 (iv) further amended by striking ‘‘sub20 section (a)(24)’’ and inserting ‘‘paragraph 

21 (3)’’. 

22 (3) EFFECTIVE DATE.—The amendments made 

23 by this subsection shall take effect on July 1, 2023. 

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1 SEC. 1002. ADDITIONAL DEFINITIONS. 

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

3 U.S.C. 1003) is amended— 

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

5 and inserting ‘‘section 3’’; 

6 (2) in paragraph (13), by inserting ‘‘controlled,’’ 

7 before ‘‘owned’’; and 

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

9 ‘‘(25) PUBLIC INSTITUTION OF HIGHER EDU10 CATION.—The term ‘public institution of higher edu11 cation’ means an institution of higher education— 

12 ‘‘(A) for which all obligations of the institu13 tion are valid and binding obligations of a State 

14 (or of an equivalent governmental entity); and 

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

16 such State (or equivalent governmental entity) is 

17 pledged for the timely payment of such obliga18 tions. 

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

20 care youth’ means an individual whose care and 

21 placement is the responsibility of the State or tribal 

22 agency that administers a State or tribal plan under 

23 part B or E of title IV of the Social Security Act (42 

24 U.S.C. 621 et seq.; 670 et seq.), without regard to 

25 whether foster care maintenance payments are made 

26 under section 472 of such Act (42 U.S.C. 672) on beVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 half of the individual, including any such individual 

2 who was in such care on or after attaining 13 years 

3 of age and without regard to the reason the indi4 vidual left such care. 

5 ‘‘(27) FEDERAL EDUCATION ASSISTANCE

6 FUNDS.—The term ‘Federal education assistance 

7 funds’— 

8 ‘‘(A) except as provided in subparagraph 

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

10 this Act or any other Federal law, through a 

11 grant, contract, subsidy, loan, or guarantee, or 

12 through insurance or other means (including 

13 Federal funds disbursed or delivered to an insti14 tution or on behalf of a student or to a student 

15 to be used to attend the institution); and 

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

17 stipend provided under the Post-9/11 Edu18 cational Assistance Program under chapter 33 of 

19 title 38, United States Code. 

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

21 ‘progress period status’ means the status of an insti22 tution of higher education that is determined by the 

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

24 eligibility criteria relating to student debt because the 

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1 institution has an adjusted cohort default rate of not 

2 less than 10 percent and not more than 15 percent.’’. 

3 SEC. 1003. GAINFUL EMPLOYMENT PROGRAMS. 

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

5 (20 U.S.C. 1001 et seq.) is amended by adding at the end 

6 the following: 

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

8 FOR GAINFUL EMPLOYMENT IN A RECOG9 NIZED OCCUPATION. 

10 ‘‘(a) GAINFUL EMPLOYMENT PROGRAM DEFINED.—In 

11 this Act (including for purposes of sections 101 and 102), 

12 the term ‘program of training to prepare students for gain13 ful employment in a recognized occupation’ means a train14 ing program that— 

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

16 metrics (including the eligibility thresholds for each 

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

18 ‘‘(2) is in compliance with the notice require19 ments under subsection (b)(1)(C)(i)(II); 

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

21 title IV; and 

22 ‘‘(4) is not a training program that is substan23 tially similar to a training program which, during a 

24 period determined by the Secretary, did not meet one 

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1 or more of the performance metrics (such as an eligi2 bility threshold) described in paragraph (1). 

3 ‘‘(b) SECRETARIAL REQUIREMENTS.— 

4 ‘‘(1) ESTABLISHMENT OF REQUIREMENTS.— 

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

6 months after the date of enactment of the College 

7 Affordability Act, the Secretary shall establish 

8 requirements that training programs shall meet 

9 to be programs of training to prepare students 

10 for gainful employment in a recognized occupa11 tion, which shall include— 

12 ‘‘(i) establishing performance metrics 

13 (including eligibility thresholds for each 

14 such metric) described in subparagraph (B); 

15 and 

16 ‘‘(ii) developing a disclosure template 

17 and a verification process for disclosures de18 scribed in subparagraph (C). 

19 ‘‘(B) PERFORMANCE METRICS.— 

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

21 performance metrics under subparagraph 

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

23 establish the requirements for a debt-to24 earnings rate that serves the best interests of 

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1 students and taxpayers, which shall in2 clude— 

3 ‘‘(I) a methodology for calculating 

4 such debt-to-earnings rate for a train5 ing program, including— 

6 ‘‘(aa) a definition of the co7 hort of individuals on whom such 

8 rate shall be based, who shall be 

9 selected from the individuals who 

10 were enrolled in such training 

11 program (without regard to 

12 whether the individuals received a 

13 loan for such enrollment); 

14 ‘‘(bb) a determination of the 

15 debt amount for such rate based 

16 on the median annual loan pay17 ment for the loans made under 

18 title IV and the private education 

19 loans received for such enrollment 

20 by such cohort; 

21 ‘‘(cc) a determination of the 

22 earnings amount for such rate 

23 based on the mean or median of 

24 the actual, student-level annual 

25 earnings for such cohort; and 

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1 ‘‘(dd) establishing a process 

2 (such as an appeals process) to 

3 authorize training programs to 

4 use alternate earnings in lieu of 

5 the mean or median of the actual, 

6 student-level annual earnings of a 

7 cohort; and 

8 ‘‘(II) establishing a threshold rate 

9 that— 

10 ‘‘(aa) each training program 

11 shall meet to be eligible to receive 

12 funds under title IV; and 

13 ‘‘(bb) is comparable to the 

14 eligibility thresholds for the debt15 to-earning ratio established in the 

16 final rule on ‘‘Program Integrity: 

17 Gainful Employment’’ published 

18 by the Department of Education 

19 in the Federal Register on October 

20 31, 2014 (Fed. Reg. 64890 et seq.). 

21 ‘‘(ii) EARNINGS DATA.—In deter22 mining the mean or median of the actual, 

23 student-level annual earnings for purposes 

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1 tain and use the most appropriate available 

2 Federal data on such earnings. 

3 ‘‘(C) DISCLOSURE TEMPLATE.—The Sec4 retary shall develop— 

5 ‘‘(i) a disclosure template that— 

6 ‘‘(I) is consumer tested; and 

7 ‘‘(II) is used by each institution 

8 of higher education that offers a train9 ing program to provide enrolled and 

10 prospective students (including through 

11 publication on the website of such in12 stitution of higher education for such 

13 training program)— 

14 ‘‘(aa) on an annual basis, 

15 student outcome information for 

16 such program (including the debt17 to-earnings rate and whether the 

18 eligibility threshold for any other 

19 performance metric established 

20 under subparagraph (A)(i) has 

21 been met); and 

22 ‘‘(bb) in a case in which the 

23 training program receives a notice 

24 of determination under paragraph 

25 (2)(B) that the program may be 

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1 ineligible for funds under title IV, 

2 or may receive other sanctions, 

3 not later than 30 days after re4 ceipt of such notice, an expla5 nation of such notice of deter6 mination; and 

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

8 each institution of higher education that of9 fers a training program is providing the 

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

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

12 later than 2 years after the Secretary establishes re13 quirements under paragraph (1), and annually there14 after, the Secretary shall, with respect to each train15 ing program that seeks to meet the definition in sub16 section (a), including each such program that met 

17 such definition for most recent award year for which 

18 data are available— 

19 ‘‘(A) calculate the debt-to-earnings rate and 

20 assess performance with respect to any other 

21 metric established under paragraph (1)(A)(i) for 

22 the preceding award year, and make such infor23 mation publicly available on the website of the 

24 Department; 

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

2 whether the program meets the definition in sub3 section (a), including whether the program shall 

4 be subject to sanctions (such as loss of eligibility 

5 under title IV); and 

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

7 PART B—ADDITIONAL GENERAL PROVISIONS 

8 SEC. 1011. ANTIDISCRIMINATION. 

9 Section 111(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1011(a)) is amended by inserting ‘‘(including 

11 sexual orientation, gender identity, pregnancy, childbirth, 

12 a medical condition related to pregnancy or childbirth, or 

13 sex stereotype)’’ after ‘‘sex’’. 

14 SEC. 1012. NATIONAL ADVISORY COMMITTEE ON INSTITU15 TIONAL QUALITY AND INTEGRITY. 

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

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

18 SEC. 1013. DISCLOSURES OF FOREIGN GIFTS. 

19 (a) IN GENERAL.—Section 117 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1011f) is amended— 

21 (1) in subsection (b)— 

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

23 the following: ‘‘In this paragraph, the term ‘ag24 gregate dollar amount’ includes the fair market 

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1 value of staff members, textbooks, and other in2 kind gifts.’’; and 

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

4 paragraph, the term ‘aggregate dollar amount’ 

5 includes the fair market value of staff members, 

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

7 foreign government.’’; 

8 (2) in subsection (d)— 

9 (A) in paragraph (1) by striking ‘‘are sub10 stantially’’ and all that follows through ‘‘this sec11 tion,’’ and inserting ‘‘includes all information 

12 required by this section,’’; and 

13 (B) in paragraph (2) by striking ‘‘require14 ments substantially similar to those’’ and insert15 ing ‘‘all the information’’; 

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

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

18 disclosure report under this section, the Secretary 

19 shall make such report electronically available to the 

20 public for downloading on searchable database under 

21 which institutions can be individually identified and 

22 compared.’’; and 

23 (4) by amending subsection (g) to read as fol24 lows: 

25 ‘‘(g) REGULATIONS.— 

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

2 the date of the enactment of the College Affordability 

3 Act, the Secretary shall issue regulations to carry out 

4 this section. 

5 ‘‘(2) PROCEDURE.—Regulations under para6 graph (1) shall be— 

7 ‘‘(A) developed through the negotiated rule8 making process under section 492; 

9 ‘‘(B) developed with consultation from 

10 stakeholders; and 

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

12 accordance with section 482.’’; 

13 (5) in subsection (h)— 

14 (A) in paragraph (3), by striking ‘‘or prop15 erty’’ and inserting ‘‘property, human resources, 

16 or payment of any staff’’; and 

17 (B) in paragraph (5)(B), by inserting ‘‘in18 stitutes, instructional programs,’’ after ‘‘cen19 ters,’’; and 

20 (6) by adding at the end the following: 

21 ‘‘(i) TREATMENT OF TUITION PAYMENT.—A tuition 

22 and related fees and expenses payment to an institution by 

23 a foreign source made on behalf of a student enrolled at 

24 such institution shall not be considered a gift from or con25 tract with a foreign source under this subsection.’’. 

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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date on which the regulations 

3 issued under section 117(g)(1) of the Higher Education Act 

4 of 1965 (20 U.S.C. 1011f(g)(1)), as amended by this section, 

5 take effect. 

6 SEC. 1014. ALCOHOL AND SUBSTANCE MISUSE PREVEN7 TION. 

8 (a) IN GENERAL.—Section 120 of the Higher Edu9 cation Act of 1965 (20 U.S.C. 1011i) is amended— 

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

11 AND ALCOHOL ABUSE’’ and inserting ‘‘ALCOHOL

12 AND SUBSTANCE MISUSE’’; 

13 (2) in subsection (a)— 

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

15 by striking ‘‘a program to prevent the use of il16 licit drugs and the abuse of alcohol by students 

17 and employees that,’’ and inserting ‘‘an evi18 dence-based program to prevent alcohol and sub19 stance misuse by students and employees that,’’; 

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

21 as follows: 

22 ‘‘(C) a description of the health-risks associ23 ated with the use of illicit drugs and alcohol and 

24 substance misuse;’’; 

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

2 as follows: 

3 ‘‘(D) a description of any alcohol or sub4 stance misuse counseling, treatment, rehabilita5 tion, recovery, re-entry, or recovery support pro6 grams provided by the institution (including in 

7 partnership with a community-based organiza8 tion) that are available to employees or stu9 dents;’’; and 

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

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

12 the policies of the institution regarding’’; 

13 (3) in subsection (c)— 

14 (A) in paragraph (1)— 

15 (i) by striking ‘‘and’’ at the end of sub16 paragraph (A); 

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

18 the period and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(C) compliance assistance to assist institu22 tions in complying with the requirements of this 

23 section.’’; 

24 (B) by redesignating paragraph (2) as 

25 paragraph (4); and 

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1 (C) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) INTERAGENCY AGREEMENT.—Not later than 

4 180 days after the date of enactment of the College Af5 fordability Act, the Secretary shall enter into a inter6 agency agreement with the Secretary of Health and 

7 Human Services to— 

8 ‘‘(A) determine criteria that satisfy the re9 quirement of subsection (a) that an institution of 

10 higher education has adopted and has imple11 mented an evidence-based program described in 

12 such subsection; 

13 ‘‘(B) establish a process for disseminating 

14 the best practices for adopting and implementing 

15 such an evidence-based program; and 

16 ‘‘(C) establish a process that promotes co17 ordination and collaboration between institu18 tions of higher education and the respective State 

19 agencies that administer the Substance Abuse 

20 Prevention and Treatment Block Grants pursu21 ant to subpart II of part B of title XIX of the 

22 Public Health Service Act (42 U.S.C. 300x–21). 

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

24 date of enactment of the College Affordability Act, the 

25 Secretary shall, in coordination with the Secretary of 

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1 Health and Human Services, issue guidance with re2 spect to the criteria described in paragraph (2)(A).’’; 

3 and 

4 (4) in subsection (e)— 

5 (A) in the subsection heading, by striking 

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

7 ‘‘SUBSTANCE MISUSE’’; 

8 (B) in paragraph (1)— 

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

10 and inserting ‘‘community-based organiza11 tions that partner with institutions of high12 er education’’; 

13 (ii) by striking ‘‘programs of preven14 tion, and education (including treatment15 referral) to reduce and eliminate the illegal 

16 use of drugs and alcohol and the violence 

17 associated with such use’’ and inserting 

18 ‘‘evidence-based programs of alcohol and 

19 substance misuse prevention and education 

20 (including programs to improve access to 

21 treatment, referral for treatment services, or 

22 crisis intervention services) to eliminate il23 legal substance use, decrease substance mis24 use, and improve public health and safety’’; 

25 and 

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1 (iii) by striking ‘‘alcohol and drug 

2 abuse’’ and inserting ‘‘substance use dis3 order’’; 

4 (C) by redesignating paragraphs (2) 

5 through (5) as paragraphs (3) through (6), re6 spectively; 

7 (D) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) ADDITIONAL USES.—In addition to the ac10 tivities described in paragraph (1), a grant or con11 tract awarded under paragraph (1) may be used to 

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

13 programs or activities: 

14 ‘‘(A) Providing programs for recovery sup15 port services, and peer-to-peer support services 

16 and counseling for students with a substance use 

17 disorder. 

18 ‘‘(B) Promoting integration and collabora19 tion in campus-based health services between pri20 mary care, substance use disorder services, and 

21 mental health services. 

22 ‘‘(C) Promoting integrated care services for 

23 students related to screening, diagnosis, preven24 tion, and treatment of mental, behavioral, and 

25 substance use disorders. 

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1 ‘‘(D) Providing re-entry assistance for stu2 dents on academic probation due to their sub3 stance use disorder. 

4 ‘‘(E) Preventing fatal and nonfatal 

5 overdoses. 

6 ‘‘(F) Providing education to students, fac7 ulty, or other personnel on— 

8 ‘‘(i) recognizing the signs and symp9 toms of substance use disorder, and how to 

10 engage and support a person in a crisis sit11 uation; 

12 ‘‘(ii) resources available in the commu13 nity, within the institution of higher edu14 cation, and other relevant resources for in15 dividuals with a substance use disorder; 

16 and 

17 ‘‘(iii) safely de-escalating crisis situa18 tions involving individuals with a substance 

19 use disorder.’’; and 

20 (E) by amending paragraph (6), as redesig21 nated by subparagraph (C), to read as follows: 

22 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

24 this section $15,000,000 for fiscal year 2021 and each 

25 of the 5 succeeding fiscal years.’’. 

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1 (b) EFFECTIVE DATES.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the amendments made by this section shall 

4 take effect on the date of enactment of this Act. 

5 (2) DELAYED EFFECTIVE DATES.—The amend6 ments made by subsection (a)(2) shall apply to insti7 tutions of higher education on the date that is 2 years 

8 after the date of enactment of this Act. 

9 SEC. 1015. EXCEPTION TO REQUIRED REGISTRATION WITH 

10 SELECTIVE SERVICE SYSTEM. 

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

12 (20 U.S.C. 1011 et seq.) is amended by adding at the end 

13 the following: 

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

15 SELECTIVE SERVICE SYSTEM. 

16 ‘‘Notwithstanding section 12(f) of the Military Selec17 tive Service Act (50 U.S.C. 3811(f)), a person shall not be 

18 ineligible for assistance or a benefit provided under title 

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

20 (50 U.S.C. 3802) to present himself for and submit to reg21 istration under such section, and fails to do so in accord22 ance with any proclamation, rule, or regulation issued 

23 under such section.’’. 

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1 SEC. 1016. INTEGRITY OF NONPROFIT INSTITUTIONS OF 

2 HIGHER EDUCATION. 

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

4 (20 U.S.C. 1011 et seq.), as amended by this part, is further 

5 amended by adding at the end the following: 

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

7 HIGHER EDUCATION. 

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

9 the conversion of an institution of higher education to a 

10 nonprofit institution of higher education only if the Sec11 retary determines that such institution of higher education 

12 meets the requirements under subsection (b). 

13 ‘‘(b) APPLICATION.—To be eligible to convert and par14 ticipate as a nonprofit institution of higher education 

15 under this Act, an institution of higher education shall sub16 mit an application to the Secretary that demonstrates each 

17 of the following: 

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

19 that submits such application is controlled, owned, 

20 and operated by one or more nonprofit corporations 

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

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

23 private shareholder or individual. 

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

25 institution of higher education that submits such ap26 plication from former owners of such institution of 

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1 higher education were not acquired for more than the 

2 value of such assets or services. 

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

4 the institution of higher education that submits such 

5 application (other than ex officio members serving at 

6 the pleasure of the remainder of the governing board 

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

8 power to appoint or remove members of such gov9 erning board or any immediate family member of 

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

11 power of appointment, receives any substantial direct 

12 or indirect economic benefit (including a lease, prom13 issory note, or other contract) from such institution 

14 of higher education. 

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

16 that submits such application is an organization de17 scribed in section 501(c)(3) of the Internal Revenue 

18 Code of 1986 and is exempt from taxation under sec19 tion 501(a) of such Code. 

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

21 core functions of the institution of higher education 

22 that submits such application are under the control 

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

24 that is not a public institution of higher education or 

25 other nonprofit entity. 

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1 ‘‘(c) PRESUMPTION OF SIGNIFICANT DIRECTION.—For 

2 purposes of paragraph (5) of subsection (b), in the case of 

3 an institution of higher education that submits an applica4 tion under such subsection, there shall be a conclusive pre5 sumption that an entity (other than such institution of 

6 higher education) exercises significant direction over such 

7 institution if one or more of the employees or owners of 

8 the entity serves as an officer, member of the board, or per9 son holding similar authority for such institution. 

10 ‘‘(d) TRANSITION PERIOD.— 

11 ‘‘(1) IN GENERAL.—In the case of a proprietary 

12 institution of higher education approved for conver13 sion under subsection (a), for a period of at least 5 

14 years that begins on the date such institution is ap15 proved for such conversion, the institution shall be— 

16 ‘‘(A) subject to any provision of this Act 

17 and any regulation that apply to proprietary in18 stitutions of higher education; and 

19 ‘‘(B) considered a proprietary institution of 

20 higher education for purposes of this Act. 

21 ‘‘(2) DEFINITION.—The term ‘proprietary insti22 tution of higher education’ has the meaning given the 

23 term in section 102(b). 

24 ‘‘(e) VALUE.—The term ‘value’, with respect to an ac25 quisition under subsection (b)(2)— 

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1 ‘‘(1) includes the value of any ongoing relation2 ship (including any contract, agreement, lease or 

3 other arrangement); 

4 ‘‘(2) subject to paragraph (3), may be dem5 onstrated through— 

6 ‘‘(A) a third-party appraisal based on com7 parable assets acquired by, or goods or services 

8 procured by, nonprofit corporations in similar 

9 market conditions; 

10 ‘‘(B) an independent financing of the acqui11 sition based upon the assets acquired; or 

12 ‘‘(C) a full and open competition in the ac13 quisition of services or assets, as such term is de14 fined in section 2.101(b) of title 48, Code of Fed15 eral Regulations, as in effect on the date of the 

16 enactment of this section; and 

17 ‘‘(3) shall be subject to such other demonstration 

18 process determined appropriate by the Secretary in a 

19 case in which the Secretary does not accept a dem20 onstration process described in paragraph (2). 

21 ‘‘(f) PUBLICATION.— 

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

23 approve the conversion of an institution of higher 

24 education under subsection (a), the application of 

25 such institution submitted to the Secretary under subVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 section (b) shall be published in the Federal Register 

2 with an appropriate notice and comment period. 

3 ‘‘(2) DETERMINATION.—The Secretary shall pub4 lish each determination under this section, and the 

5 reasons for such determination, under the Federal 

6 Register. 

7 ‘‘(g) PUBLIC REPRESENTATION AND MARKETING OF

8 NONPROFIT STATUS.—An institution of higher education 

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

10 nonprofit institution of higher education unless— 

11 ‘‘(1) in the case of an institution of higher edu12 cation that seeks to convert to a nonprofit institution 

13 of higher education under this section— 

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

15 of the conversion of the institution to a nonprofit 

16 institution of higher education under this sec17 tion; 

18 ‘‘(B) an accrediting agency or association 

19 recognized by the Secretary pursuant to section 

20 496 has approved the nonprofit status of the in21 stitution; and 

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

23 the institution as a nonprofit institution of high24 er education, as applicable; and 

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

2 approved the institution as tax exempt for purposes 

3 of the Internal Revenue Code of 1986. 

4 ‘‘(h) OFFICE TO MONITOR NONPROFIT INTEGRITY.— 

5 Not later than 1 year after the date of enactment of the 

6 College Affordability Act, the Secretary shall establish an 

7 office within the Department with the expertise necessary 

8 to carry out this section. 

9 ‘‘SEC. 126. REVIEW OF GOVERNANCE. 

10 ‘‘The Secretary shall review the governance of an insti11 tution of higher education when such institution has en12 gaged in transactions or arrangements determined by the 

13 Secretary as potential indicators of private inurement, in 

14 order to promote the highest standards of nonprofit integ15 rity.’’. 

16 SEC. 1017. SUPPORT AND GUIDANCE FOR HOMELESS INDI17 VIDUALS AND FOSTER CARE YOUTH. 

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

19 (20 U.S.C. 1011 et seq.), as amended by this part, is further 

20 amended by adding at the end the following: 

21 ‘‘SEC. 127. SUPPORT AND GUIDANCE FOR HOMELESS INDI22 VIDUALS AND FOSTER CARE YOUTH. 

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

24 date of enactment of the College Affordability Act, the Sec25 retary shall issue revised guidance for institutions of higher 

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1 education and financial aid administrators regarding serv2 ing homeless individuals and foster care youth, including 

3 the requirements of the determination process for financial 

4 aid administrators as specified in section 480(d). 

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

6 later than 1 year after the date of enactment of the College 

7 Affordability Act, the Secretary shall conduct an annual 

8 professional development or training program, such as a 

9 webinar, for liaisons described under section 485(k) and in10 terested faculty or staff regarding postsecondary education 

11 services for such homeless individuals and foster care youth. 

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

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

14 than once every 5 years thereafter, the Secretary shall pre15 pare and submit to Congress a report containing strategies 

16 used by institutions, financial aid administrators, and liai17 sons described under section 485(k) that were effective in 

18 meeting the needs of such homeless individuals and foster 

19 care youth, including strategies relating to streamlining fi20 nancial aid policies and procedures and postsecondary edu21 cation recruitment, retention, and completion. 

22 ‘‘(d) HOMELESS INDIVIDUAL DEFINED.—In this sec23 tion, the term ‘homeless individual’ has the meaning given 

24 the term in section 402A.’’. 

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1 SEC. 1018. CALCULATION OF PERCENTAGE OF ENROLLED 

2 STUDENTS RECEIVING OR ELIGIBLE FOR FED3 ERAL PELL GRANTS. 

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

5 (20 U.S.C. 1011 et seq.), as amended by this part, is further 

6 amended by adding at the end the following: 

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

8 STUDENTS RECEIVING OR ELIGIBLE FOR FED9 ERAL PELL GRANTS. 

10 ‘‘Beginning on the date of enactment of the College Af11 fordability Act, for purposes of calculating under this Act 

12 the percentage of students enrolled at an institution of high13 er education or in a program who are receiving Federal 

14 Pell Grants under section 401 or who are eligible to receive 

15 such grants, the total number of students who are counted 

16 as enrolled in such institution or program shall not include 

17 students who are dually or concurrently enrolled in the in18 stitution or program and a secondary school.’’. 

19 SEC. 1019. CERTIFICATION REGARDING THE USE OF CER20 TAIN FEDERAL FUNDS. 

21 (a) IN GENERAL.—Part B of title I of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1011 et seq.), as amended 

23 by this part, is further amended by adding at the end the 

24 following: 

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1 ‘‘SEC. 129. CERTIFICATION REGARDING THE USE OF CER2 TAIN FEDERAL FUNDS. 

3 ‘‘(a) PROHIBITION.—No Federal funds received under 

4 this Act by an institution of higher education or other post5 secondary educational institution may be used to pay any 

6 person for influencing or attempting to influence an officer 

7 or employee of any agency, a Member of Congress, an officer 

8 or employee of Congress, or an employee of a Member of 

9 Congress in connection with any Federal action described 

10 in subsection (b). 

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

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

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

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

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

16 ‘‘(4) The entering into of any Federal coopera17 tive agreement. 

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

19 amendment, or modification of any Federal contract, 

20 grant, loan, or cooperative agreement. 

21 ‘‘(c) LOBBYING AND EARMARKS.—No Federal student 

22 aid funding under this Act may be used to hire a registered 

23 lobbyist or pay any person or entity for securing an ear24 mark. 

25 ‘‘(d) CERTIFICATION.—Each institution of higher edu26 cation or other postsecondary educational institution reVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ceiving Federal funding under this Act, as a condition for 

2 receiving such funding, shall annually certify to the Sec3 retary that the requirements of subsections (a) through (c) 

4 have been met. 

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

6 Secretary shall take such actions as are necessary to ensure 

7 that the provisions of this section are implemented and en8 forced.’’. 

9 (b) CONFORMING AMENDMENT.— 

10 (1) IN GENERAL.—Section 119 of the Higher 

11 Education Opportunity Act (20 U.S.C. 1011m) is re12 pealed. 

13 (2) CONFORMING AMENDMENT.—The table of sec14 tions in section 1(b) of the Higher Education Oppor15 tunity Act is amended by striking the item relating 

16 to section 119. 

17 SEC. 1020. FREEDOM OF ASSOCIATION. 

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

19 (20 U.S.C. 1011 et seq.), as amended by this part, is further 

20 amended by adding at the end the following: 

21 ‘‘SEC. 130. FREEDOM OF ASSOCIATION. 

22 ‘‘(a) NON-RETALIATION AGAINST STUDENTS OF SIN23 GLE-SEX SOCIAL ORGANIZATIONS.—An institution of high24 er education that receives funds under this Act shall not— 

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1 ‘‘(1) take any action to require or coerce a stu2 dent or prospective student who is a member or pro3 spective member of a single-sex social organization to 

4 waive the requirements of paragraph (2), including as 

5 a condition of enrolling in the institution; or 

6 ‘‘(2) take any adverse action against a student 

7 who is a member or a prospective member of a single8 sex social organization based solely on the member9 ship practice of such organization limiting member10 ship to only individuals of one sex. 

11 ‘‘(b) RULES OF CONSTRUCTION.—Nothing in this sec12 tion shall— 

13 ‘‘(1) require an institution of higher education to 

14 officially recognize a single-sex organization; 

15 ‘‘(2) prohibit an institution of higher education 

16 from taking an adverse action against a student who 

17 joins a single-sex social organization for a reason in18 cluding academic misconduct or nonacademic mis19 conduct, or because the organization’s purpose poses a 

20 clear harm to the students or employees, so long as 

21 that adverse action is not based solely on the member22 ship practice of the organization of limiting member23 ship to only individuals of one sex; or 

24 ‘‘(3) inhibit the ability of the faculty, staff, or 

25 administrators of an institution of higher education 

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1 to express an opinion (either individually or collec2 tively) about membership in a single-sex social orga3 nization, or otherwise inhibit the academic freedom of 

4 such faculty, staff, or administrators to research, 

5 write, or publish material about membership in such 

6 an organization. 

7 ‘‘(c) DEFINITIONS.—In this section: 

8 ‘‘(1) ADVERSE ACTION.—The term ‘adverse ac9 tion’ means any of the following actions taken by an 

10 institution of higher education with respect to a mem11 ber or prospective member of a single-sex social orga12 nization: 

13 ‘‘(A) Expulsion, suspension, probation, cen14 sure, condemnation, formal reprimand, or any 

15 other disciplinary action, coercive action, or 

16 sanction taken by an institution of higher edu17 cation or administrative unit of such institution. 

18 ‘‘(B) An oral or written warning with re19 spect to an action described in subparagraph 

20 (A). 

21 ‘‘(C) An action to deny participation in 

22 any education program or activity. 

23 ‘‘(D) An action to withhold, in whole or in 

24 part, any financial assistance (including schol25 arships and on campus employment), or denying 

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1 the opportunity to apply for financial assistance, 

2 a scholarship, a graduate fellowship, or on-cam3 pus employment. 

4 ‘‘(E) An action to deny or restrict access to 

5 on-campus housing. 

6 ‘‘(F) An act to deny any certification, en7 dorsement, or letter of recommendation that may 

8 be required by a student’s current or future em9 ployer, a government agency, a licensing board, 

10 an institution of higher education, a scholarship 

11 program, or a graduate fellowship to which the 

12 student seeks to apply. 

13 ‘‘(G) An action to deny participation in 

14 any sports team, club, or other student organiza15 tion, including a denial of any leadership posi16 tion in any sports team, club, or other student 

17 organization. 

18 ‘‘(H) An action to require any student to 

19 certify that such student is not a member of a 

20 single-sex social organization or to disclose the 

21 student’s membership in a single-sex social orga22 nization. 

23 ‘‘(2) SINGLE-SEX SOCIAL ORGANIZATION.—The 

24 term ‘single-sex social organization’ means— 

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1 ‘‘(A) a social fraternity or sorority de2 scribed in section 501(c) of the Internal Revenue 

3 Code of 1986 which is exempt from taxation 

4 under section 501(a) of such Code; or 

5 ‘‘(B) an organization that has been histori6 cally single-sex, the active membership of which 

7 consists primarily of students or alumni of an 

8 institution of higher education or multiple insti9 tutions of higher education.’’. 

10 PART C—COST OF HIGHER EDUCATION 

11 SEC. 1021. CONSUMER INFORMATION. 

12 (a) NET PRICE CALCULATORS.— 

13 (1) MINIMUM STANDARDS.—Section 132(h) of the 

14 Higher Education Act of 1965 (20 U.S.C. 1015a(h)) 

15 is amended— 

16 (A) by redesignating paragraph (4) as 

17 paragraph (6); 

18 (B) in paragraph (2), by inserting before 

19 the period ‘‘, and, not later than 1 year after the 

20 date of enactment of the College Affordability 

21 Act, shall meet the requirements of paragraph 

22 (4)(C)’’; 

23 (C) in paragraph (3), by inserting after the 

24 first sentence the following: ‘‘Not later than 1 

25 year after the date of enactment of the College 

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1 Affordability Act, such calculator shall meet the 

2 requirements of paragraph (4).’’; and 

3 (D) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) MINIMUM REQUIREMENTS FOR NET PRICE

6 CALCULATORS.—Not later than 1 year after the date 

7 of enactment of the College Affordability Act, a net 

8 price calculator for an institution of higher education 

9 shall, at a minimum, meet the following require10 ments: 

11 ‘‘(A) The link for the calculator— 

12 ‘‘(i) is clearly labeled as a ‘net price 

13 calculator’ and prominently, clearly, and 

14 conspicuously (in such size and contrast 

15 (such as shade) that it is readily noticeable 

16 and readable) posted in locations on the in17 stitution’s website where information on 

18 costs and aid is provided (such as financial 

19 aid, prospective students, or tuition and fees 

20 web pages); 

21 ‘‘(ii) matches in size and font to the 

22 other prominent links on the primary 

23 menu; and 

24 ‘‘(iii) may also be included on the in25 stitution’s compliance web page, which conVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tains information relating to compliance 

2 with Federal, State, and local laws. 

3 ‘‘(B) The input screen for the net price cal4 culator displays a chart of the net prices for stu5 dents receiving Federal student financial aid 

6 under title IV (as required by subsection (i)(5)) 

7 for the most recent academic year for which data 

8 are available, disaggregated by income cat9 egories. 

10 ‘‘(C) The results screen for the calculator 

11 specifies the following information: 

12 ‘‘(i) The individual net price (as cal13 culated under paragraph (2)) for the indi14 vidual student, which is the most visually 

15 prominent figure on the results screen, in16 cluding a statement of— 

17 ‘‘(I) the year for which the net 

18 price applies; and 

19 ‘‘(II) the year from which the 

20 data was used to determine that net 

21 price. 

22 ‘‘(ii) Cost of attendance, including— 

23 ‘‘(I) the total estimated cost for a 

24 student to complete the program of 

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1 pletion of, or graduation from, the stu2 dent’s particular program of study; 

3 ‘‘(II) the total annual cost of at4 tendance; 

5 ‘‘(III) annual tuition and fees; 

6 ‘‘(IV) average annual cost of room 

7 and board for the institution for a 

8 first-time, full-time undergraduate stu9 dent enrolled in the institution; 

10 ‘‘(V) average annual cost of books 

11 and supplies for a first-time, full-time 

12 undergraduate student enrolled in the 

13 institution; 

14 ‘‘(VI) estimated annual cost of 

15 other expenses (including personal ex16 penses and transportation) for a first17 time, full-time undergraduate student 

18 enrolled in the institution; and 

19 ‘‘(VII) a statement of— 

20 ‘‘(aa) the year for which each 

21 cost described in this clause ap22 plies; and 

23 ‘‘(bb) the year from which the 

24 data was used to determine each 

25 cost described in this clause. 

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1 ‘‘(iii) Estimated total need-based grant 

2 aid and merit-based grant aid, from Fed3 eral, State, and institutional sources, that 

4 may be available to the individual student, 

5 showing the subtotal for each category and 

6 the total of all sources of grant aid, and 

7 disaggregated by academic year for normal 

8 time for completion of, or graduation from, 

9 the student’s particular program of study. 

10 ‘‘(iv) Percentage of the first-time, full11 time undergraduate students enrolled in the 

12 institution that received any type of grant 

13 aid described in clause (iii), disaggregated 

14 by their first year and subsequent years of 

15 enrollment up to the number of years for 

16 normal completion of, or graduation from, 

17 their particular program of study. 

18 ‘‘(v) The disclaimer described in para19 graph (6). 

20 ‘‘(vi) In the case of a calculator that— 

21 ‘‘(I) includes questions to estimate 

22 a student’s (or prospective student’s) 

23 eligibility for veterans’ education bene24 fits (as defined in section 480) or edu25 cational benefits for active duty service 

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1 members, such benefits are displayed 

2 on the results screen in a manner that 

3 clearly distinguishes them from the 

4 grant aid described in clause (iii); or 

5 ‘‘(II) does not include questions to 

6 estimate eligibility for the benefits de7 scribed in subclause (I), the results 

8 screen indicates— 

9 ‘‘(aa) that certain students 

10 (or prospective students) may 

11 qualify for such benefits; 

12 ‘‘(bb) states why the institu13 tion is not including questions to 

14 estimate a student’s eligibility for 

15 such benefits; and 

16 ‘‘(cc) includes a link to an 

17 appropriate Federal website that 

18 provides information about such 

19 benefits. 

20 ‘‘(D) The institution populates the calcu21 lator with data from not earlier than 2 academic 

22 years prior to the most recent academic year. 

23 ‘‘(5) PROHIBITION ON USE OF DATA COLLECTED

24 BY THE NET PRICE CALCULATOR.—A net price calcu25 lator for an institution of higher education shall— 

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1 ‘‘(A) clearly indicate which questions are 

2 required to be completed for an estimate of the 

3 net price from the calculator; 

4 ‘‘(B) in the case of a calculator that requests 

5 contact information from users, clearly mark 

6 such requests as ‘optional’; 

7 ‘‘(C) prohibit any personally identifiable 

8 information provided by users from being sold or 

9 made available to third parties; and 

10 ‘‘(D) clearly state ‘Any information that 

11 you provide on this site is confidential. The Net 

12 Price Calculator does not store your responses or 

13 require personal identifying information of any 

14 kind.’.’’. 

15 (2) UNIVERSAL NET PRICE CALCULATOR.—Sec16 tion 132(h) of the Higher Education Act of 1965 (20 

17 U.S.C. 1015a(h)), as amended by paragraph (1), is 

18 further amended by adding at the end the following: 

19 ‘‘(7) UNIVERSAL NET PRICE CALCULATOR.— 

20 ‘‘(A) IN GENERAL.—The Secretary may de21 velop a universal net price calculator that is 

22 housed within the Department of Education, 

23 with Department branding, and that may be 

24 based on or utilize an existing platform devel25 oped by a public or private entity, that— 

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1 ‘‘(i) enables users to answer one set of 

2 questions and receive net prices for any in3 stitution that is required to have a net price 

4 calculator under this subsection; 

5 ‘‘(ii) provides the information required 

6 under subparagraphs (C) and (D) of para7 graph (4) for each institution for which a 

8 net price is being sought; 

9 ‘‘(iii) is developed in consultation with 

10 the heads of relevant Federal agencies; and 

11 ‘‘(iv) before being finalized and pub12 licly released, is tested in accordance with 

13 subparagraph (B). 

14 ‘‘(B) CONSUMER TESTING.— 

15 ‘‘(i) IN GENERAL.—If the Secretary de16 velops a universal net price calculator 

17 under subparagraph (A), the Secretary, in 

18 consultation with the heads of relevant Fed19 eral agencies, shall establish a process to 

20 submit the universal net price calculator de21 veloped under this paragraph for consumer 

22 testing among representatives of students 

23 (including low-income students, first gen24 eration college students, adult students, and 

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1 cluding low-income families, families with 

2 first generation college students, and fami3 lies with prospective students), institutions 

4 of higher education, secondary school and 

5 postsecondary counselors, and nonprofit 

6 consumer groups. 

7 ‘‘(ii) LENGTH OF CONSUMER TEST8 ING.—The Secretary shall ensure that the 

9 consumer testing lasts no longer than 6 

10 months after the process for consumer test11 ing is developed under clause (i). 

12 ‘‘(iii) USE OF RESULTS.—The results 

13 of consumer testing under clause (i) shall be 

14 used in the final development of the uni15 versal net price calculator. 

16 ‘‘(iv) REPORTING REQUIREMENT.—Not 

17 later than 3 months after the date the con18 sumer testing under clause (i) concludes, the 

19 Secretary shall submit to Congress the final 

20 universal net price calculator and a report 

21 detailing the results of such testing, includ22 ing whether the Secretary added any addi23 tional items to the calculator as a result of 

24 such testing. 

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1 ‘‘(v) AUTHORITY TO MODIFY.—The 

2 Secretary may modify the definitions, 

3 terms, formatting, and design of the uni4 versal net price calculator based on the re5 sults of consumer testing required under 

6 this paragraph and before finalizing the 

7 calculator. 

8 ‘‘(8) REPORT FROM SECRETARY.—Not later than 

9 1 year after the date of enactment of the College Af10 fordability Act, the Secretary shall submit a report to 

11 Congress on steps taken to raise awareness of net 

12 price calculators among prospective students and 

13 families, particularly among students in middle 

14 school and high school and students from low-income 

15 families.’’. 

16 (b) INSTITUTIONAL EXPENDITURES.—Section 

17 132(i)(1) of the Higher Education Act of 1965 (20 U.S.C. 

18 1015a(i)(1)) is amended— 

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

20 inserting ‘‘rate and adjusted cohort default rate,’’; 

21 and 

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

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

24 each of the following: 

25 ‘‘(i) Instruction. 

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1 ‘‘(ii) Student services. 

2 ‘‘(iii) Marketing. 

3 ‘‘(iv) Recruitment. 

4 ‘‘(v) Advertising. 

5 ‘‘(vi) Lobbying.’’. 

6 SEC. 1022. POSTSECONDARY STUDENT DATA SYSTEM. 

7 (a) POSTSECONDARY STUDENT DATA SYSTEM.—Sec8 tion 132 of the Higher Education Act of 1965 (20 U.S.C. 

9 1015a) is amended— 

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

11 (m); and 

12 (2) by inserting after subsection (k) the fol13 lowing: 

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

15 ‘‘(1) IN GENERAL.— 

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

17 Commissioner of the National Center for Edu18 cation Statistics (referred to in this subsection as 

19 the ‘Commissioner’) shall develop and maintain 

20 a secure, privacy-protected postsecondary stu21 dent-level data system in order to— 

22 ‘‘(i) accurately evaluate student enroll23 ment patterns, progression, completion, and 

24 postcollegiate outcomes, and higher edu25 cation costs and financial aid; 

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1 ‘‘(ii) assist with transparency, institu2 tional improvement, and analysis of Fed3 eral aid programs; 

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

5 customizable information for students and 

6 families making decisions about postsec7 ondary education; and 

8 ‘‘(iv) reduce the reporting burden on 

9 institutions of higher education, in accord10 ance with section 1022(b)(2) of the College 

11 Affordability Act. 

12 ‘‘(B) AVOIDING DUPLICATED REPORTING.— 

13 Notwithstanding any other provision of this sec14 tion, to the extent that another provision of this 

15 section requires the same reporting or collection 

16 of data that is required under this subsection, an 

17 institution of higher education, or the Secretary 

18 or Commissioner, may use the reporting or data 

19 required for the postsecondary student data sys20 tem under this subsection to satisfy both require21 ments. 

22 ‘‘(C) DEVELOPMENT PROCESS.—In devel23 oping the postsecondary student data system de24 scribed in this subsection, the Commissioner 

25 shall— 

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1 ‘‘(i) focus on the needs of— 

2 ‘‘(I) users of the data system; and 

3 ‘‘(II) entities, including institu4 tions of higher education, reporting to 

5 the data system; 

6 ‘‘(ii) take into consideration, to the ex7 tent practicable— 

8 ‘‘(I) the guidelines outlined in the 

9 U.S. Web Design Standards main10 tained by the General Services Admin11 istration and the Digital Services 

12 Playbook and TechFAR Handbook for 

13 Procuring Digital Services Using Agile 

14 Processes of the U.S. Digital Service; 

15 and 

16 ‘‘(II) the relevant successor docu17 ments or recommendations of such 

18 guidelines; 

19 ‘‘(iii) use modern, relevant privacy20 and security-enhancing technology, and en21 hance and update the data system as nec22 essary to carry out the purpose of this sub23 section; 

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1 ‘‘(iv) ensure data privacy and security 

2 is consistent with any Federal law relating 

3 to privacy or data security, including— 

4 ‘‘(I) the requirements of sub5 chapter II of chapter 35 of title 44, 

6 United States Code, specifying security 

7 categorization under the Federal Infor8 mation Processing Standards or any 

9 relevant successor of such standards; 

10 ‘‘(II) security requirements that 

11 are consistent with the Federal agency 

12 responsibilities in section 3554 of title 

13 44, United States Code, or any rel14 evant successor of such responsibilities; 

15 and 

16 ‘‘(III) security requirements, 

17 guidelines, and controls consistent with 

18 cybersecurity standards and best prac19 tices developed by the National Insti20 tute of Standards and Technology, in21 cluding frameworks, consistent with 

22 section 2(c) of the National Institute of 

23 Standards and Technology Act (15 

24 U.S.C. 272(c)), or any relevant suc25 cessor of such frameworks; 

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1 ‘‘(v) follow Federal data minimization 

2 practices to ensure only the minimum 

3 amount of data is collected to meet the sys4 tem’s goals, in accordance with Federal 

5 data minimization standards and guide6 lines developed by the National Institute of 

7 Standards and Technology; and 

8 ‘‘(vi) provide notice to students out9 lining the data included in the system and 

10 how the data are used. 

11 ‘‘(2) DATA ELEMENTS.— 

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

13 consultation with the Postsecondary Student 

14 Data System Advisory Committee established 

15 under subparagraph (B), shall determine— 

16 ‘‘(i) the data elements to be included in 

17 the postsecondary student data system, in 

18 accordance with subparagraphs (C) and 

19 (D); and 

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

21 required under subparagraph (C), and any 

22 additional data elements selected under sub23 paragraph (D), in the postsecondary stu24 dent data system. 

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1 ‘‘(B) POSTSECONDARY STUDENT DATA SYS2 TEM ADVISORY COMMITTEE.— 

3 ‘‘(i) ESTABLISHMENT.—The Commis4 sioner shall establish a Postsecondary Stu5 dent Data System Advisory Committee (re6 ferred to in this subsection as the ‘Advisory 

7 Committee’), whose members shall include— 

8 ‘‘(I) the Chief Privacy Officer of 

9 the Department or an official of the 

10 Department delegated the duties of 

11 overseeing data privacy at the Depart12 ment; 

13 ‘‘(II) the Chief Security Officer of 

14 the Department or an official of the 

15 Department delegated the duties of 

16 overseeing data security at the Depart17 ment; 

18 ‘‘(III) representatives of diverse 

19 institutions of higher education, which 

20 shall include equal representation be21 tween 2-year and 4-year institutions of 

22 higher education, and from public, 

23 nonprofit, and proprietary institutions 

24 of higher education, including minor25 ity-serving institutions; 

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1 ‘‘(IV) representatives from State 

2 higher education agencies, entities, 

3 bodies, or boards; 

4 ‘‘(V) representatives of postsec5 ondary students; 

6 ‘‘(VI) representatives from rel7 evant Federal agencies; and 

8 ‘‘(VII) other stakeholders (includ9 ing individuals with expertise in data 

10 privacy and security, consumer protec11 tion, and postsecondary education re12 search). 

13 ‘‘(ii) REQUIREMENTS.—The Commis14 sioner shall ensure that the Advisory Com15 mittee— 

16 ‘‘(I) adheres to all requirements 

17 under the Federal Advisory Committee 

18 Act (5 U.S.C. App.); 

19 ‘‘(II) establishes operating and 

20 meeting procedures and guidelines nec21 essary to execute its advisory duties; 

22 and 

23 ‘‘(III) is provided with appro24 priate staffing and resources to execute 

25 its advisory duties. 

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1 ‘‘(C) REQUIRED DATA ELEMENTS.—The 

2 data elements in the postsecondary student data 

3 system shall include, at a minimum, the fol4 lowing: 

5 ‘‘(i) Student-level data elements nec6 essary to calculate the information within 

7 the surveys designated by the Commissioner 

8 as ‘student-related surveys’ in the Inte9 grated Postsecondary Education Data Sys10 tem (IPEDS), as such surveys are in effect 

11 on the day before the date of enactment of 

12 the College Affordability Act, except that in 

13 the case that collection of such elements 

14 would conflict with subparagraph (F), such 

15 elements in conflict with subparagraph (F) 

16 shall be included in the aggregate instead of 

17 at the student level. 

18 ‘‘(ii) Student-level data elements nec19 essary to allow for reporting student enroll20 ment, persistence, retention, transfer, and 

21 completion measures for all credential levels 

22 separately (including certificate, associate, 

23 baccalaureate, and advanced degree levels), 

24 within and across institutions of higher 

25 education (including across all categories of 

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1 institution level, control, and predominant 

2 degree awarded). The data elements shall 

3 allow for reporting about all such data 

4 disaggregated by the following categories: 

5 ‘‘(I) Enrollment status as a first6 time student, recent transfer student, 

7 or other non-first-time student. 

8 ‘‘(II) Attendance intensity, wheth9 er full-time or part-time. 

10 ‘‘(III) Credential-seeking status, 

11 by credential level. 

12 ‘‘(IV) Race or ethnicity (in ac13 cordance with section 153(a)(3)(B) of 

14 the Education Sciences Reform Act (20 

15 U.S.C. 9543(a)(3)(B))). 

16 ‘‘(V) Age intervals. 

17 ‘‘(VI) Gender. 

18 ‘‘(VII) Program of study (as ap19 plicable). 

20 ‘‘(VIII) Military or veteran ben21 efit status (as determined based on re22 ceipt of veteran’s education benefits, as 

23 defined in section 480(c)). 

24 ‘‘(IX) Status as a distance edu25 cation student, whether exclusively or 

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1 partially enrolled in distance edu2 cation. 

3 ‘‘(X) Federal Pell Grant and Fed4 eral loan recipient status, provided 

5 that the collection of such information 

6 complies with paragraph (1)(B). 

7 ‘‘(D) OTHER DATA ELEMENTS.— 

8 ‘‘(i) IN GENERAL.—The Commissioner 

9 may, after consultation with the Advisory 

10 Committee and provision of a public com11 ment period, include additional data ele12 ments in the postsecondary student data 

13 system, such as those described in clause 

14 (ii), if those data elements— 

15 ‘‘(I) are necessary to ensure that 

16 the postsecondary data system fulfills 

17 the purposes described in paragraph 

18 (1)(A); and 

19 ‘‘(II) are consistent with data 

20 minimization principles, including the 

21 collection of only those additional ele22 ments that are necessary to ensure such 

23 purposes. 

24 ‘‘(ii) DATA ELEMENTS.—The data ele25 ments described in clause (i) may include— 

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1 ‘‘(I) status as a first generation 

2 college student (as defined in section 

3 402A(h)); 

4 ‘‘(II) economic status; 

5 ‘‘(III) participation in postsec6 ondary remedial coursework or gate7 way course completion; or 

8 ‘‘(IV) other data elements that are 

9 necessary in accordance with clause 

10 (i). 

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

12 every 3 years after the implementation of the 

13 postsecondary student data system described in 

14 this subsection, the Commissioner, in consulta15 tion with the Advisory Committee described in 

16 subparagraph (B), shall review the data elements 

17 included in the postsecondary student data sys18 tem and may revise the data elements to be in19 cluded in such system. 

20 ‘‘(F) PROHIBITIONS.—The Commissioner 

21 shall not include individual health data (includ22 ing data relating to physical health or mental 

23 health), student discipline records or data, ele24 mentary and secondary education data, an exact 

25 address, citizenship status, migrant status, or 

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1 national origin status for students or their fami2 lies, course grades, postsecondary entrance exam3 ination results, political affiliation, or religion 

4 in the postsecondary student data system under 

5 this subsection. 

6 ‘‘(3) PERIODIC MATCHING WITH OTHER FEDERAL

7 DATA SYSTEMS.— 

8 ‘‘(A) DATA SHARING AGREEMENTS.— 

9 ‘‘(i) The Commissioner shall ensure se10 cure, periodic data matches by entering into 

11 data sharing agreements with each of the 

12 following Federal agencies and offices: 

13 ‘‘(I) The Secretary of the Treas14 ury and the Commissioner of the Inter15 nal Revenue Service, in order to cal16 culate aggregate program- and institu17 tion-level earnings of postsecondary 

18 students. 

19 ‘‘(II) The Secretary of Defense, in 

20 order to assess the use of postsecondary 

21 educational benefits and the outcomes 

22 of servicemembers. 

23 ‘‘(III) The Secretary of Veterans 

24 Affairs, in order to assess the use of 

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1 postsecondary educational benefits and 

2 outcomes of veterans. 

3 ‘‘(IV) The Director of the Bureau 

4 of the Census, in order to assess the oc5 cupational and earnings outcomes of 

6 former postsecondary education stu7 dents. 

8 ‘‘(V) The Chief Operating Officer 

9 of the Office of Federal Student Aid, in 

10 order to analyze the use of postsec11 ondary educational benefits provided 

12 under this Act. 

13 ‘‘(ii) The heads of Federal agencies and 

14 offices described under clause (i) shall enter 

15 into data sharing agreements with the Com16 missioner to ensure secure, periodic data 

17 matches as described in this paragraph. 

18 ‘‘(B) CATEGORIES OF DATA.—The Commis19 sioner shall, at a minimum, seek to ensure that 

20 the secure periodic data system matches de21 scribed in subparagraph (A) permit consistent 

22 reporting of the following categories of data for 

23 all postsecondary students: 

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

2 and completion outcomes for all postsec3 ondary students. 

4 ‘‘(ii) Financial indicators for postsec5 ondary students receiving Federal grants 

6 and loans, including grant and loan aid by 

7 source, cumulative student debt, loan repay8 ment status, and repayment plan. 

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

10 postsecondary students, including earnings, 

11 employment, and further education, by pro12 gram of study and credential level and as 

13 measured— 

14 ‘‘(I) immediately after leaving 

15 postsecondary education; and 

16 ‘‘(II) at time intervals appro17 priate to the credential sought and 

18 earned. 

19 ‘‘(C) PERIODIC DATA MATCH STREAMLINING

20 AND CONFIDENTIALITY.— 

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

22 the secure periodic data system matches 

23 under this paragraph, the Commissioner 

24 shall— 

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1 ‘‘(I) ensure that such matches are 

2 not continuous, but occur at appro3 priate intervals, as determined by the 

4 Commissioner; and 

5 ‘‘(II) seek to— 

6 ‘‘(aa) streamline the data 

7 collection and reporting require8 ments for institutions of higher 

9 education; 

10 ‘‘(bb) minimize duplicative 

11 reporting across or within Federal 

12 agencies or departments, includ13 ing reporting requirements appli14 cable to institutions of higher edu15 cation under the Workforce Inno16 vation and Opportunity Act (29 

17 U.S.C. 3101 et seq.) and the Carl 

18 D. Perkins Career and Technical 

19 Education Act of 2006; 

20 ‘‘(cc) protect student privacy; 

21 and 

22 ‘‘(dd) streamline the applica23 tion process for student loan ben24 efit programs available to bor25 rowers based on data available 

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1 from different Federal data sys2 tems. 

3 ‘‘(ii) REVIEW.—Not less often than 

4 once every 3 years after the establishment of 

5 the postsecondary student data system 

6 under this subsection, the Commissioner, in 

7 consultation with the Advisory Committee, 

8 shall review methods for streamlining data 

9 collection from institutions of higher edu10 cation and minimizing duplicative report11 ing within the Department and across Fed12 eral agencies that provide data for the post13 secondary student data system. 

14 ‘‘(iii) CONFIDENTIALITY.—The Com15 missioner shall ensure that any periodic 

16 matching or sharing of data through peri17 odic data system matches established in ac18 cordance with this paragraph— 

19 ‘‘(I) complies with the security 

20 and privacy protections described in 

21 paragraph (1)(C)(iv) and other Fed22 eral data protection protocols; 

23 ‘‘(II) follows industry best prac24 tices commensurate with the sensitivity 

25 of specific data elements or metrics; 

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1 ‘‘(III) does not result in the cre2 ation of a single standing, linked Fed3 eral database at the Department that 

4 maintains the information reported 

5 across other Federal agencies; and 

6 ‘‘(IV) discloses to postsecondary 

7 students what data are included in the 

8 data system and periodically matched 

9 and how the data are used. 

10 ‘‘(iv) CORRECTION.—The Commis11 sioner, in consultation with the Advisory 

12 Committee, shall establish a process for stu13 dents to request access to only their personal 

14 information for inspection and request cor15 rections to inaccuracies in a manner that 

16 protects the student’s personally identifiable 

17 information. The Commissioner shall re18 spond in writing to every request for a cor19 rection from a student. 

20 ‘‘(4) PUBLICLY AVAILABLE INFORMATION.— 

21 ‘‘(A) IN GENERAL.—The Commissioner shall 

22 make the summary aggregate information de23 scribed in subparagraph (C), at a minimum, 

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1 sumer information website and analytic tool 

2 that— 

3 ‘‘(i) provides appropriate mechanisms 

4 for users to customize and filter information 

5 by institutional and student characteristics; 

6 ‘‘(ii) allows users to build summary 

7 aggregate reports of information, including 

8 reports that allow comparisons across mul9 tiple institutions and programs, subject to 

10 subparagraph (B); 

11 ‘‘(iii) uses appropriate statistical dis12 closure limitation techniques necessary to 

13 ensure that the data released to the public 

14 cannot be used to identify specific individ15 uals; and 

16 ‘‘(iv) provides users with appropriate 

17 contextual factors to make comparisons, 

18 which may include national median figures 

19 of the summary aggregate information de20 scribed in subparagraph (C). 

21 ‘‘(B) NO PERSONALLY IDENTIFIABLE INFOR22 MATION AVAILABLE.—The summary aggregate 

23 information described in this paragraph shall 

24 not include personally identifiable information. 

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1 ‘‘(C) SUMMARY AGGREGATE INFORMATION

2 AVAILABLE.—The summary aggregate informa3 tion described in this paragraph shall, at a min4 imum, include each of the following for each in5 stitution of higher education: 

6 ‘‘(i) Measures of student access, includ7 ing— 

8 ‘‘(I) admissions selectivity and 

9 yield; and 

10 ‘‘(II) enrollment, disaggregated by 

11 each category described in paragraph 

12 (2)(C)(ii). 

13 ‘‘(ii) Measures of student progression, 

14 including retention rates and persistence 

15 rates, disaggregated by each category de16 scribed in paragraph (2)(C)(ii). 

17 ‘‘(iii) Measures of student completion, 

18 including— 

19 ‘‘(I) transfer rates and completion 

20 rates, disaggregated by each category 

21 described in paragraph (2)(C)(ii); and 

22 ‘‘(II) number of completions, 

23 disaggregated by each category de24 scribed in paragraph (2)(C)(ii). 

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1 ‘‘(iv) Measures of student costs, includ2 ing— 

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

4 cost of attendance, and net price after 

5 total grant aid, disaggregated by in6 State tuition or in-district tuition sta7 tus (if applicable), program of study 

8 (if applicable), and credential level; 

9 and 

10 ‘‘(II) typical grant amounts and 

11 loan amounts received by students re12 ported separately from Federal, State, 

13 local, and institutional sources, and 

14 cumulative debt, disaggregated by each 

15 category described in paragraph 

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

17 ‘‘(v) Measures of postcollegiate student 

18 outcomes, including employment rates, 

19 mean and median earnings, loan repay20 ment and default rates, and further edu21 cation rates. These measures shall— 

22 ‘‘(I) be disaggregated by each cat23 egory described in paragraph (2)(C)(ii) 

24 and completion status; and 

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1 ‘‘(II) be measured immediately 

2 after leaving postsecondary education 

3 and at time intervals appropriate to 

4 the credential sought or earned. 

5 ‘‘(D) DEVELOPMENT CRITERIA.—In devel6 oping the method and format of making the in7 formation described in this paragraph publicly 

8 available, the Commissioner shall— 

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

10 the information, which will include stu11 dents, families of students, potential stu12 dents, researchers, and other consumers of 

13 education data; 

14 ‘‘(ii) take into consideration, to the ex15 tent practicable, the guidelines described in 

16 paragraph (1)(C)(ii)(I), and relevant suc17 cessor documents or recommendations of 

18 such guidelines; 

19 ‘‘(iii) use modern, relevant technology 

20 and enhance and update the postsecondary 

21 student data system with information, as 

22 necessary to carry out the purpose of this 

23 paragraph; 

24 ‘‘(iv) ensure data privacy and security 

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1 lines developed by the National Institute of 

2 Standards and Technology, and in accord3 ance with any other Federal law relating to 

4 privacy or security, including complying 

5 with the requirements of subchapter II of 

6 chapter 35 of title 44, United States Code, 

7 specifying security categorization under the 

8 Federal Information Processing Standards, 

9 and security requirements, and setting of 

10 National Institute of Standards and Tech11 nology security baseline controls at the ap12 propriate level; and 

13 ‘‘(v) conduct consumer testing to deter14 mine how to make the information as 

15 meaningful to users as possible. 

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

17 ‘‘(A) DATA REPORTS AND QUERIES.— 

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

19 shall develop and implement a secure proc20 ess for making student-level, non-personally 

21 identifiable information, with direct identi22 fiers removed, from the postsecondary stu23 dent data system available for vetted re24 search and evaluation purposes approved by 

25 the Commissioner in a manner compatible 

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1 with practices for disclosing National Cen2 ter for Education Statistics restricted-use 

3 survey data as in effect on the day before 

4 the date of enactment of the College Afford5 ability Act, or by applying other research 

6 and disclosure restrictions to ensure data 

7 privacy and security. Such process shall be 

8 approved by the National Center for Edu9 cation Statistics’ Disclosure Review Board 

10 (or successor body). 

11 ‘‘(ii) PROVIDING DATA REPORTS AND

12 QUERIES TO INSTITUTIONS AND STATES.— 

13 ‘‘(I) IN GENERAL.—The Commis14 sioner shall provide feedback reports, at 

15 least annually, to each institution of 

16 higher education, each postsecondary 

17 education system that fully partici18 pates in the postsecondary student 

19 data system, and each State higher 

20 education body as designated by the 

21 governor. 

22 ‘‘(II) FEEDBACK REPORTS.—The 

23 feedback reports provided under this 

24 clause shall include program-level and 

25 institution-level information from the 

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1 postsecondary student data system re2 garding students who are associated 

3 with the institution or, for State rep4 resentatives, the institutions within 

5 that State, on or before the date of the 

6 report, on measures including student 

7 mobility and workforce outcomes, pro8 vided that the feedback aggregate sum9 mary reports protect the privacy of in10 dividuals. 

11 ‘‘(III) DETERMINATION OF CON12 TENT.—The content of the feedback re13 ports shall be determined by the Com14 missioner, in consultation with the Ad15 visory Committee. 

16 ‘‘(iii) PERMITTING STATE DATA QUE17 RIES.—The Commissioner shall, in con18 sultation with the Advisory Committee and 

19 as soon as practicable, create a process 

20 through which States may submit lists of 

21 secondary school graduates within the State 

22 to receive summary aggregate outcomes for 

23 those students who enrolled at an institu24 tion of higher education, including postsec25 ondary enrollment and college completion, 

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1 provided that those data protect the privacy 

2 of individuals and that the State data sub3 mitted to the Commissioner are not stored 

4 in the postsecondary education system. 

5 ‘‘(iv) REGULATIONS.—The Commis6 sioner shall promulgate regulations to en7 sure fair, secure, and equitable access to 

8 data reports and queries under this para9 graph. 

10 ‘‘(B) DISCLOSURE LIMITATIONS.—In car11 rying out the public reporting and disclosure re12 quirements of this subsection, the Commissioner 

13 shall use appropriate statistical disclosure limi14 tation techniques necessary to ensure that the 

15 data released to the public cannot include per16 sonally identifiable information or be used to 

17 identify specific individuals. 

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

19 collected under this subsection, including the 

20 public-use data set and data comprising the 

21 summary aggregate information available under 

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

23 party by the Commissioner, including any insti24 tution of higher education or any other entity. 

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1 ‘‘(D) LIMITATION ON USE BY OTHER FED2 ERAL AGENCIES.— 

3 ‘‘(i) IN GENERAL.—The Commissioner 

4 shall not allow any other Federal agency to 

5 use data collected under this subsection for 

6 any purpose except— 

7 ‘‘(I) for vetted research and eval8 uation conducted by the other Federal 

9 agency, as described in subparagraph 

10 (A)(i); or 

11 ‘‘(II) for a purpose explicitly au12 thorized by this subsection. 

13 ‘‘(ii) PROHIBITION ON LIMITATION OF

14 SERVICES.—The Secretary, or the head of 

15 any other Federal agency, shall not use data 

16 collected under this subsection to limit serv17 ices to students. 

18 ‘‘(E) LAW ENFORCEMENT.—Personally 

19 identifiable information collected under this sub20 section shall not be used for any Federal, State, 

21 or local law enforcement activity or any other 

22 activity that would result in adverse action 

23 against any student or a student’s family, in24 cluding debt collection activity or enforcement of 

25 immigration laws. 

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1 ‘‘(F) LIMITATION OF USE FOR FEDERAL

2 RANKINGS OR SUMMATIVE RATING SYSTEM.—The 

3 comprehensive data collection and analysis nec4 essary for the postsecondary student data system 

5 under this subsection shall not be used by the 

6 Secretary or any Federal entity to establish any 

7 Federal ranking system of institutions of higher 

8 education or a system that results in a 

9 summative Federal rating of institutions of high10 er education. 

11 ‘‘(G) RULE OF CONSTRUCTION.—Nothing in 

12 this paragraph shall be construed to prevent the 

13 use of individual categories of aggregate infor14 mation to be used for accountability purposes. 

15 ‘‘(H) RULE OF CONSTRUCTION REGARDING

16 COMMERCIAL USE OF DATA.—Nothing in this 

17 paragraph shall be construed to prohibit third18 party entities from using publicly-available in19 formation in this data system for commercial 

20 use. 

21 ‘‘(6) SUBMISSION OF DATA.— 

22 ‘‘(A) REQUIRED SUBMISSION.—Each insti23 tution of higher education participating in a 

24 program under title IV, or the assigned agent of 

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1 tion 487(a)(17), collect, and submit to the Com2 missioner, the data requested by the Commis3 sioner to carry out this subsection. 

4 ‘‘(B) VOLUNTARY SUBMISSION.—Any post5 secondary institution not participating in a pro6 gram under title IV may voluntarily participate 

7 in the postsecondary student data system under 

8 this subsection by collecting and submitting data 

9 to the Commissioner, as the Commissioner may 

10 request to carry out this subsection. 

11 ‘‘(C) PERSONALLY IDENTIFIABLE INFORMA12 TION.—In accordance with paragraph (2)(C)(i), 

13 if the submission of an element of student-level 

14 data is prohibited under paragraph (2)(F) (or 

15 otherwise prohibited by law), the institution of 

16 higher education shall submit that data to the 

17 Commissioner in the aggregate. 

18 ‘‘(7) UNLAWFUL WILLFUL DISCLOSURE.— 

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

20 any person who obtains or has access to person21 ally identifiable information in connection with 

22 the postsecondary student data system described 

23 in this subsection to willfully disclose to any per24 son (except as authorized by Federal law) such 

25 personally identifiable information. 

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

2 subparagraph (A) shall be subject to a penalty 

3 described under section 3572(f) of title 44, 

4 United States Code and section 183(d)(6) of the 

5 Education Sciences Reform Act of 2002 (20 

6 U.S.C. 9573(d)(6)). 

7 ‘‘(C) EMPLOYEE OF OFFICER OF THE

8 UNITED STATES.—If a violation of subparagraph 

9 (A) is committed by any officer or employee of 

10 the United States, the officer or employee shall be 

11 dismissed from office or discharged from employ12 ment upon conviction for the violation. 

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

14 produce and update as needed guidance and regula15 tions relating to privacy, security, and access which 

16 shall govern the use and disclosure of data collected 

17 in connection with the activities authorized in this 

18 subsection. The guidance and regulations developed 

19 and reviewed shall protect data from unauthorized ac20 cess, use, and disclosure, and shall include— 

21 ‘‘(A) an audit capability, including manda22 tory and regularly conducted audits; 

23 ‘‘(B) access controls; 

24 ‘‘(C) requirements to ensure sufficient data 

25 security, quality, validity, and reliability; 

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1 ‘‘(D) student confidentiality protection in 

2 accordance with the Confidential Information 

3 Protection and Statistical Efficiency Act; 

4 ‘‘(E) appropriate and applicable privacy 

5 and security protection, including data retention 

6 and destruction protocols and data minimiza7 tion, in accordance with the most recent Federal 

8 standards developed by the National Institute of 

9 Standards and Technology; and 

10 ‘‘(F) protocols for managing a breach, in11 cluding breach notifications, in accordance with 

12 the standards of National Center for Education 

13 Statistics. 

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

15 shall ensure that data collection, maintenance, and 

16 use under this subsection complies with section 552a 

17 of title 5, United States Code. 

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

19 ‘‘(A) INSTITUTION OF HIGHER EDU20 CATION.—The term ‘institution of higher edu21 cation’ has the meaning given the term in sec22 tion 102. 

23 ‘‘(B) PERSONALLY IDENTIFIABLE INFORMA24 TION.—The term ‘personally identifiable infor25 mation’ has the meaning given the term in secVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tion 444 of the General Education Provisions 

2 Act (20 U.S.C. 1232g).’’. 

3 (b) EFFECTIVE DATE; TRANSITION PROVISIONS.— 

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

5 amendments made by this section, shall take effect on 

6 the date that is 4 years after the date of enactment 

7 of this section. 

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

9 and the Commissioner for Education Statistics shall 

10 take such steps as are necessary to ensure that the 

11 transition to, and implementation of, the postsec12 ondary student data system required under section 

13 132(l) of the Higher Education Act of 1965, as added 

14 by this section, is carried out in a manner that re15 duces the reporting burden for entities that reported 

16 into the Integrated Postsecondary Education Data 

17 System (IPEDS). 

18 SEC. 1023. AVOIDING DUPLICATIVE REPORTING. 

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

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

21 amended by adding at the end the following: 

22 ‘‘(n) AVOIDING DUPLICATIVE REPORTING.—If the Sec23 retary determines that the same reporting or collection of 

24 data that is required under subsection (l) is required by 

25 another reporting or collection of data requirement under 

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1 this Act (other than under subsection (l)), the Secretary 

2 may— 

3 ‘‘(1) use the data reported or collected under sub4 section (l); and 

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

6 data requirement.’’. 

7 SEC. 1024. DISCLOSURE OF NON-INSTRUCTIONAL SPEND8 ING INCREASES. 

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

10 9 U.S.C. 1015a), as amended by sections 1022 and 1023, 

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

12 ‘‘(o) NON-INSTRUCTIONAL SPENDING INCREASES.— 

13 The Secretary shall ensure, as part of the data collection 

14 and reporting under this section, that institutions of higher 

15 education with respect to which the amount expended by 

16 the institution for non-instructional spending increases by 

17 more than 5 percent (using year-over-year data) disclose 

18 such increase to students and prospective students, along 

19 with an analysis of the expected impact on tuition.’’. 

20 SEC. 1025. TEXTBOOK INFORMATION. 

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

22 U.S.C. 1015b) is amended— 

23 (1) in subsection (a), by inserting ‘‘, including 

24 through the adoption of innovative tools,’’ after ‘‘sup25 plemental materials’’; 

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1 (2) in subsection (b)(9)— 

2 (A) by striking ‘‘to accompany a’’ and in3 serting ‘‘to accompany or support a’’ in the mat4 ter preceding subparagraph (A); and 

5 (B) in subparagraph (A), by striking ‘‘ma6 terials, computer disks, website access’’ and in7 serting ‘‘materials, online and digital learning 

8 platforms and materials, website access’’; 

9 (3) in subsection (c)(1)(D)(i), by striking ‘‘pa10 perback and unbound’’ and inserting ‘‘paperback, 

11 digital, and unbound’’; and 

12 (4) in subsection (f)— 

13 (A) in paragraph (1), by inserting ‘‘access14 ing lower-cost digital course materials and dig15 ital textbooks,’’ after ‘‘programs for’’; and 

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

17 as inclusive access programs, subscription mod18 els, or digital content distribution platforms’’ 

19 after ‘‘delivery programs’’. 

20 SEC. 1026. REPEALS. 

21 Sections 134 and 136 of the Higher Education Act of 

22 1965 (20 U.S.C. 1015c) are repealed. 

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1 SEC. 1027. 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 each 

6 public institution of higher education in a State that 

7 receives assistance under this Act for the first period 

8 of enrollment at such institution that begins during 

9 the first full award year following the date of enact10 ment of the College Affordability Act. 

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

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

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

14 have the meanings given those terms in section 101 of 

15 title 10, United States Code. 

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

17 youth’ has the meaning given the term ‘homeless chil18 dren and youths’ in section 725 of the McKinney19 Vento Homeless Assistance Act (42 U.S.C. 11434a).’’. 

20 PART D—ADMINISTRATIVE PROVISIONS FOR 

21 DELIVERY OF STUDENT FINANCIAL ASSISTANCE 

22 SEC. 1031. IMPROVEMENTS TO THE FEDERAL STUDENT AID 

23 OFFICE. 

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

25 U.S.C. 1018) is amended— 

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

2 (2) to read as follows: 

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

4 as follows: 

5 ‘‘(A) To prioritize students and borrowers 

6 in the decision-making processes related to all 

7 aspects of the management and administration 

8 of the Federal student financial assistance pro9 grams authorized under title IV. 

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

11 other participants in the Federal student finan12 cial assistance programs authorized under title 

13 IV. 

14 ‘‘(C) To make such programs more under15 standable to students and their families. 

16 ‘‘(D) To increase the efficiency and effective17 ness of such programs for students and their 

18 families. 

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

20 such programs. 

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

22 officials responsible for administering the oper23 ational aspects of such programs. 

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

25 and third party servicers that participate in the 

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1 Federal student financial assistance programs 

2 authorized under title IV. 

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

4 management and administration of such pro5 grams. 

6 ‘‘(I) To implement open, common, inte7 grated systems for the delivery of Federal student 

8 financial assistance programs authorized under 

9 title IV. 

10 ‘‘(J) To develop and maintain a student fi11 nancial assistance system that contains complete, 

12 accurate, and timely data to ensure program in13 tegrity. 

14 ‘‘(K) To increase transparency in the oper15 ations and outcomes of Federal student financial 

16 assistance programs authorized under title IV.’’; 

17 (2) in subsection (b)— 

18 (A) in paragraph (1)— 

19 (i) by redesignating subparagraphs (B) 

20 and (C) as subparagraphs (C) and (D), re21 spectively; and 

22 (ii) by inserting after subparagraph 

23 (A) the following: 

24 ‘‘(B) implement oversight and account25 ability measures to ensure that the PBO carries 

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1 out its duties under this section efficiently, effec2 tively, and in a manner that accomplishes the 

3 purposes specified in subsection (a)(2);’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A)— 

6 (I) by redesignating clauses (ii) 

7 through (vi) as clauses (iii) through 

8 (vii); 

9 (II) by inserting after clause (i) 

10 the following: 

11 ‘‘(ii) in accordance with paragraph 

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

13 of aggregate and longitudinal data that 

14 may be used to evaluate Federal student fi15 nancial assistance programs authorized 

16 under title IV, including the outcomes such 

17 programs achieve;’’; and 

18 (III) in clause (vii), as so redesig19 nated, by inserting ‘‘, including over20 sight of institutions, contractors, and 

21 third party servicers that participate 

22 in such programs’’ after ‘‘title IV’’; 

23 and 

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

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1 ‘‘(C) Taking action to prevent and address 

2 the improper use of access devices, as described 

3 in section 485B(d)(7), including by— 

4 ‘‘(i) detecting common patterns of im5 proper use of any system that processes 

6 payments on Federal Direct Loans or other 

7 Department information technology sys8 tems; 

9 ‘‘(ii) maintaining a reporting system 

10 for contractors involved in the processing of 

11 payments on Federal Direct Loans in order 

12 to allow those contractors to alert the Sec13 retary of potentially improper use of De14 partment information technology systems; 

15 ‘‘(iii) proactively contacting Federal 

16 student loan borrowers whose Federal stu17 dent loan accounts demonstrate a likelihood 

18 of improper use in order to warn those bor19 rowers of suspicious activity or potential 

20 fraud regarding their Federal student loan 

21 accounts; and 

22 ‘‘(iv) providing clear and simple dis23 closures in communications with borrowers 

24 who are applying for or requesting assist25 ance with Federal Direct Loan programs 

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1 (including assistance or applications re2 garding income-driven repayment, forbear3 ance, deferment, consolidation, rehabilita4 tion, cancellation, and forgiveness) to ensure 

5 that borrowers are aware that the Depart6 ment will never require borrowers to pay for 

7 such assistance or applications.’’; 

8 (C) by redesignating paragraphs (3) 

9 through (6) as paragraphs (4) through (7), re10 spectively; and 

11 (D) by inserting after paragraph (2) the fol12 lowing: 

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

14 OF DATA.— 

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

16 student-level data that shall be used to evaluate 

17 Federal student financial assistance programs 

18 authorized under title IV. 

19 ‘‘(B) SHARING WITH NCES.—The PBO shall 

20 make the data collected under subparagraph (A) 

21 available to the Commissioner of the National 

22 Center for Education Statistics for purposes of 

23 research and policy analysis. 

24 ‘‘(C) RESEARCH.—The Commissioner of the 

25 National Center for Education Statistics shall 

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1 ensure the data shared under subparagraph (B) 

2 is made available, with direct identifiers re3 moved and with appropriate restrictions to en4 sure data privacy and security, for vetted re5 search and evaluation purposes in a manner 

6 consistent with the process under section 

7 132(l)(5)(A)(i). 

8 ‘‘(D) PUBLICATION.—Not less frequently 

9 than once annually, the PBO shall— 

10 ‘‘(i) aggregate the data collected under 

11 subparagraph (A) in a manner that ex12 cludes— 

13 ‘‘(I) student-level data; or 

14 ‘‘(II) any data that would reveal 

15 personally identifiable information 

16 about an individual student; and 

17 ‘‘(ii) make available such aggregated 

18 data on a publicly accessible website of the 

19 Department in a format that enables mem20 bers of the public to easily retrieve, sort, 

21 and analyze the data.’’. 

22 (3) by amending subsection (c) to read as fol23 lows: 

24 ‘‘(c) PERFORMANCE PLAN, REPORT, AND BRIEFING.— 

25 ‘‘(1) PERFORMANCE PLAN.— 

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

2 after the date of the enactment of the College Af3 fordability Act, and not less than once every five 

4 years thereafter, the Secretary and Chief Oper5 ating Officer shall agree on a performance plan 

6 for the PBO for the succeeding 5 years that— 

7 ‘‘(i) establishes measurable quantitative 

8 and qualitative goals and objectives for the 

9 organization; and 

10 ‘‘(ii) aligns such goals and objectives 

11 with the purposes specified in subsection 

12 (a)(2). 

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

14 five-year performance plan and any revision to 

15 the plan, the Secretary and the Chief Operating 

16 Officer shall consult with students, institutions, 

17 Congress, contractors, the Borrower Advocate, 

18 student aid experts, including consumer advo19 cacy and research groups, the Director of the Bu20 reau of Consumer Financial Protection, State at21 torneys general, and other relevant parties. 

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

23 Operating Officer may annually update the plan 

24 under paragraph (1) to incorporate the rec25 ommendations made pursuant to the consultaVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tion required under subparagraph (B) that are 

2 accepted by the Secretary and the Chief Oper3 ating 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 fi9 nancial 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 the 

5 Secretary. 

6 ‘‘(E) PUBLIC AVAILABILITY.—Each plan de7 veloped under subparagraph (A) shall be made 

8 available on a publicly accessible website of the 

9 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 Op15 erating Officer, shall submit to Congress an an16 nual 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 objectives 

21 contained in the five-year performance plan 

22 described in paragraph (1) for the preceding 

23 year. 

24 ‘‘(ii) A summary of the consultation 

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1 ceding year, including the recommendations 

2 that were accepted or denied by the Chief 

3 Operating Officer during such year, and the 

4 rationale for accepting or denying such rec5 ommendations. 

6 ‘‘(iii) An independent financial audit 

7 of the expenditures of both the PBO and the 

8 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); or 

18 ‘‘(II) the Government Performance 

19 and Results Act of 1993 (Public Law 

20 103–62). 

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

22 during the preceding year and whether such 

23 results met the goals specified in the per24 formance 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 sen4 ior managers under subsections (d)(5) and 

5 (e)(2), including the amounts of bonus com6 pensation awarded to the Chief Operating 

7 Officer and senior managers. 

8 ‘‘(viii) Recommendations for legislative 

9 and regulatory changes to improve service 

10 to students and their families, and to im11 prove the efficiency and integrity of Federal 

12 student financial assistance programs au13 thorized 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 spe3 cific measurable organization and indi4 vidual goals specified in subsection 

5 (d)(5)(A). 

6 ‘‘(xv) The report submitted to the Sec7 retary 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.—The 

13 Chief Operating Officer, in preparing the annual re14 port described in paragraph (2), shall establish ap15 propriate means to consult with students, borrowers, 

16 institutions, student aid experts, including consumer 

17 advocacy and research groups, the Director of the Bu18 reau of Consumer Financial Protection, and others 

19 involved in the delivery and evaluation of student aid 

20 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 the 

3 authorizing committees, provide to the authorizing 

4 committees a briefing on the steps the Department of 

5 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, exper5 tise in the Federal student financial assistance 

6 programs authorized under title IV, experience 

7 with financial systems, and knowledge of con8 sumer financial protection laws, and without re9 gard 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 fol13 lowing: 

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 the 

20 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 indi24 vidual’s appointment as the Chief Oper25 ating Officer. 

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1 ‘‘(B) POSTSERVICE RESTRICTIONS.—An in2 dividual who served as the Chief Operating Offi3 cer may not accept employment with an entity 

4 that contracts with the PBO until a period of 

5 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; 

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

19 amending subparagraph (B) to read as follows: 

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

21 may pay to the Chief Operating Officer a bonus 

22 in an amount that does not exceed 50 percent of 

23 such annual rate of basic pay. The decision to 

24 pay such a bonus, and the amount of the bonus, 

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1 tion of the performance of the Chief Operating 

2 Officer with respect to the goals set forth in the 

3 performance agreement as described in para4 graph (5)(A).’’; 

5 (5) in subsection (e)(2), by striking ‘‘measurable 

6 organization and individual goals’’ and inserting 

7 ‘‘specific, measurable organization and individual 

8 goals and the metrics used to measure progress to9 ward such goals. Performance agreements for senior 

10 management responsible for procurement shall include 

11 metrics that measure ability to oversee contractors’’; 

12 (6) by amending subsection (f) to read as follows: 

13 ‘‘(f) BORROWER ADVOCATE.— 

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

15 PBO an ‘Office of the Borrower Advocate’ (referred to 

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

17 Office shall be to provide timely assistance to bor18 rowers of loans made, insured, or guaranteed under 

19 title IV by performing the duties described in para20 graph (6). 

21 ‘‘(2) HEAD OF OFFICE.—There shall be an offi22 cial known as the ‘Borrower Advocate’ who shall serve 

23 as the head of the Office. The Borrower Advocate shall 

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1 uals who have worked closely with the Federal student 

2 loan programs authorized under title IV. 

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

4 removed only by the Secretary who shall communicate 

5 the reasons for any such removal to the authorizing 

6 committees. 

7 ‘‘(4) RESTRICTIONS.— 

8 ‘‘(A) PRESERVICE AND IN-SERVICE RE9 STRICTIONS.—An individual may not serve as 

10 the Borrower Advocate if such individual— 

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

12 interest in, an entity that contracts with the 

13 PBO; or 

14 ‘‘(ii) was employed by, or had a finan15 cial interest in, any such entity in any of 

16 the five years preceding the date of the indi17 vidual’s appointment as the Borrower Advo18 cate. 

19 ‘‘(B) POSTSERVICE RESTRICTIONS.—An in20 dividual who served as the Borrower Advocate 

21 may not accept employment with an entity that 

22 contracts with the PBO until a period of five 

23 years has elapsed following the date on which 

24 such individual’s service as the Borrower Advo25 cate terminated. 

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1 ‘‘(5) STAFF.—The Office shall be staffed suffi2 ciently to carry out the responsibilities of the Office 

3 under this subsection. 

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

5 The Office of the Borrower Advocate shall— 

6 ‘‘(A) assist borrowers of loans made, in7 sured, or guaranteed under title IV in resolving 

8 problems with the PBO and its contractors or 

9 other agents, including by— 

10 ‘‘(i) receiving and reviewing com11 plaints of such problems from borrowers; 

12 ‘‘(ii) working to resolve such com13 plaints in a manner that is in the best in14 terests of borrowers; and 

15 ‘‘(iii) transmitting such complaints to 

16 States and recognized accrediting agencies 

17 or associations, as appropriate. 

18 ‘‘(B) attempt to resolve complaints within 

19 the Department of Education and with institu20 tions of higher education, lenders, guaranty 

21 agencies, loan servicers, and other participants 

22 in the Federal student loan programs authorized 

23 under title IV in a manner that will improve the 

24 experience of the borrower; 

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1 ‘‘(C) conduct impartial reviews regarding a 

2 student’s independence under subparagraph (B) 

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

4 knowledgeable parties, including institutions of 

5 higher education, child welfare agencies, local 

6 educational agency liaisons for homeless individ7 uals designated under section 722(g)(1)(J)(ii) of 

8 the McKinney-Vento Homeless Assistance Act (42 

9 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators 

10 for Education of Homeless Children and Youth 

11 established in accordance with section 722 of 

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

13 ‘‘(D) compile and analyze data on borrower 

14 complaints and share such data with the Direc15 tor of the Bureau of Consumer Financial Protec16 tion; 

17 ‘‘(E) publish, with any personally identifi18 able information redacted, such complaints and 

19 responses of the Secretary to such complaints on 

20 the website of the Department; and 

21 ‘‘(F) make appropriate recommendations to 

22 Congress, the Chief Operating Officer, and Sec23 retary with respect to Federal student loan pro24 grams authorized under title IV and the experiVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ences of borrowers in repayment of loans under 

2 such programs. 

3 ‘‘(7) PUBLIC INFORMATION.—The Chief Oper4 ating Officer shall establish and maintain a public 

5 page on the website of the Department of Education 

6 exclusively to provide members of the public with in7 formation about the role of the PBO with respect to 

8 the oversight of institutions of higher education, lend9 ers, guaranty agencies, contractors that contract with 

10 the PBO, subcontractors of such contractors, and 

11 third party servicers. 

12 ‘‘(8) REPORT.—On an annual basis, the Bor13 rower Advocate shall submit to the Chief Operating 

14 Officer a report on the activities of the Office during 

15 the preceding year that— 

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

17 the Borrower Advocate; 

18 ‘‘(B) summarizes the complaints received 

19 from borrowers, including the number of such 

20 complaints, and explains the activities under21 taken by the PBO to address such complaints; 

22 ‘‘(C) proposes changes in the administrative 

23 practices of the PBO to mitigate problems expe24 rienced by borrowers; and 

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1 ‘‘(D) identifies potential legislative changes 

2 which may be appropriate to mitigate such prob3 lems.’’; 

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

5 (j); and 

6 (8) by inserting after subsection (h) the fol7 lowing: 

8 ‘‘(i) ENFORCEMENT UNIT.— 

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

10 after the date of enactment of the College Affordability 

11 Act, the Secretary shall establish within the PBO an 

12 enforcement unit (referred to in this section as the 

13 ‘Unit’) to review and investigate violations of this Act 

14 and recommend enforcement actions in accordance 

15 with paragraph (3). 

16 ‘‘(2) CHIEF ENFORCEMENT OFFICER.— 

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

18 appoint an official to be known as the ‘Chief En19 forcement Officer’ who shall serve as the head of 

20 the Unit. The Secretary shall appoint an indi21 vidual to serve as the Chief Enforcement Officer 

22 solely on the basis of such individual’s integrity 

23 and expertise in law and investigations and 

24 without regard to such individual’s political af25 filiation. 

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1 ‘‘(B) AUTHORITY.—The Chief Enforcement 

2 Officer shall report directly to the Secretary 

3 without being required to report through any 

4 other official of the Department of Education. 

5 ‘‘(C) TERM.—The Chief Enforcement Officer 

6 shall be appointed for a term of 6 years and 

7 may be reappointed for additional terms of 6 

8 years at the discretion of the Secretary. 

9 ‘‘(D) REMOVAL.— 

10 ‘‘(i) IN GENERAL.—The Chief Enforce11 ment Officer may not be removed during the 

12 Officer’s term except for cause. 

13 ‘‘(ii) NOTICE TO CONGRESS.—If the 

14 Secretary removes the Chief Enforcement 

15 Officer before the expiration of the Officer’s 

16 term, the Secretary shall submit to the au17 thorizing committees a report that explains 

18 the reasons for such removal. The report 

19 shall be submitted to the authorizing com20 mittees not later than 30 days after the date 

21 on which the removal takes effect. 

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

23 shall have the following duties: 

24 ‘‘(A) Receive, process, and analyze allega25 tions that a covered entity has violated Federal 

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1 law or has engaged in unfair, deceptive, or abu2 sive practices. 

3 ‘‘(B) Review and investigate such allega4 tions or refer such allegations to an entity de5 scribed in subparagraphs (A) through (E) of 

6 paragraph (6). 

7 ‘‘(C) After reviewing and investigating an 

8 allegation under subparagraph (B), in consulta9 tion with the Chief Operating Officer— 

10 ‘‘(i) if the covered entity subject to such 

11 allegation is an entity described in clause 

12 (i) or (iii) of paragraph (8)(A), make rec13 ommendations with respect to such covered 

14 entity, including— 

15 ‘‘(I) whether such covered entity 

16 should be limited, suspended, or termi17 nated from participation in one or 

18 more programs under title IV; 

19 ‘‘(II) whether such covered entity 

20 should be subject to an emergency ac21 tion under section 487(c)(1)(G); 

22 ‘‘(III) whether such covered entity 

23 should be subject to a civil penalty de24 scribed in section 487(c)(3)(B); 

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1 ‘‘(IV) whether such covered entity 

2 should be subject to a criminal penalty 

3 described in section 490; or 

4 ‘‘(V) whether such covered entity 

5 should be subject to a combination of 

6 any of the actions described in sub7 clauses (I) though (IV); 

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

9 such allegation is an entity described in 

10 clause (ii) of paragraph (8)(A), make rec11 ommendations with respect to such covered 

12 entity, including whether such covered enti13 ty should be limited, suspended, or termi14 nated from administering or providing 

15 services with respect to one or more pro16 grams under title IV; and 

17 ‘‘(iii) provide the Secretary with such 

18 recommendations. 

19 ‘‘(4) SECRETARIAL REVIEW AND ACTION.—After 

20 receiving notice of a determination of the Chief En21 forcement Officer under paragraph (3)(C), the Sec22 retary shall decide whether or not to pursue enforce23 ment action against the entity concerned, in accord24 ance with the procedures established under section 

25 487(c)(3). In a case in which the Chief Enforcement 

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1 Officer recommends enforcement action against an en2 tity, but the Secretary decides not to pursue such en3 forcement action, the Secretary shall notify the Chief 

4 Enforcement Officer, in writing, of the rationale for 

5 such decision. 

6 ‘‘(5) COORDINATION AND STAFFING.—The Chief 

7 Enforcement Officer shall— 

8 ‘‘(A) coordinate with relevant Federal and 

9 State agencies and oversight bodies; and 

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

11 to conduct investigations, respond to allegations 

12 against covered entities, and enforce compliance 

13 with laws governing Federal student financial 

14 assistance programs under title IV. 

15 ‘‘(6) INFORMATION SHARING.—The Chief En16 forcement Officer shall develop and implement a proc17 ess for sharing relevant information about allegations 

18 against covered entities with— 

19 ‘‘(A) the Borrower Advocate appointed 

20 under subsection (f); 

21 ‘‘(B) personnel of the Department on re22 sponsible for processing borrower defense claims 

23 submitted under section 493H; 

24 ‘‘(C) other relevant Federal agencies; 

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1 ‘‘(D) States, including State law enforce2 ment and regulatory agencies; and 

3 ‘‘(E) recognized accrediting agencies or as4 sociations. 

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

6 basis, the Chief Enforcement Officer shall submit to 

7 the authorizing committees a report that includes— 

8 ‘‘(A) the number of allegations about cov9 ered entities received by Unit in the year covered 

10 by the report; 

11 ‘‘(B) the number of such allegations inves12 tigated by the Unit; 

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

14 were referred to the Secretary under paragraph 

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

16 the Secretary with respect to such allegations; 

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

18 were referred to other Federal agencies and the 

19 names of the agencies to which the allegations 

20 were referred; and 

21 ‘‘(E) the number of such allegations that re22 main under review or investigation as of the 

23 date of the report. 

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

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1 ‘‘(A) COVERED ENTITY.—In this subsection, 

2 the term ‘covered entity’ means— 

3 ‘‘(i) an institution of higher education 

4 (as defined in section 102) that participates 

5 in the Federal student financial assistance 

6 programs authorized under title IV; 

7 ‘‘(ii) a contractor that contracts with 

8 the PBO to provide services relating to such 

9 programs, or a subcontractor of such con10 tractor; or 

11 ‘‘(iii) a third party servicer. 

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

13 ‘third party servicer’ has the meaning given that 

14 term in section 481(c).’’. 

15 TITLE II—TEACHER QUALITY 

16 ENHANCEMENT 

17 PART A—TEACHER AND SCHOOL LEADER 

18 QUALITY PARTNERSHIP GRANTS 

19 SEC. 2001. DEFINITIONS. 

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

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

22 ‘‘SEC. 200. DEFINITIONS. 

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

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

25 sciences’ means— 

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1 ‘‘(A) when referring to an organizational 

2 unit of an institution of higher education, any 

3 academic unit that offers one or more academic 

4 majors in disciplines or content areas cor5 responding to the academic subject matter areas 

6 in which teachers provide instruction; and 

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

8 subject area, the disciplines or content areas in 

9 which academic majors are offered by the arts 

10 and sciences organizational unit. 

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

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 ‘‘(3) CHILDREN FROM LOW-INCOME FAMILIES.— 

16 The term ‘children from low-income families’ means 

17 children described in section 1124(c)(1)(A) of the Ele18 mentary and Secondary Education Act of 1965 (20 

19 U.S.C. 6333(c)(1)(A)). 

20 ‘‘(4) COMPREHENSIVE LITERACY INSTRUCTION.— 

21 The term ‘comprehensive literacy instruction’ has the 

22 meaning given the term in section 2221(b)(1) of the 

23 Elementary and Secondary Education Act of 1965 

24 (20 U.S.C. 6641(b)(1)). 

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

2 learning’ has the meaning given the term in section 

3 4102 of the Elementary and Secondary Education 

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

5 ‘‘(6) DIVERSE TEACHER CANDIDATES.—The term 

6 ‘diverse teacher candidates’ means teacher candidates 

7 who are— 

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

9 underrepresented in the teaching profession; or 

10 ‘‘(B) linguistically and culturally prepared 

11 to educate students in high-need schools. 

12 ‘‘(7) EARLY CHILDHOOD EDUCATOR.—The term 

13 ‘early childhood educator’ means an individual with 

14 primary responsibility for the education of children 

15 in an early childhood education program. 

16 ‘‘(8) EDUCATIONAL SERVICE AGENCY.—The term 

17 ‘educational service agency’ has the meaning given 

18 the term in section 8101 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 7801). 

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

21 teacher, principal or other school leader, specialized 

22 instructional support personnel, or other staff member 

23 who provides or directly supports instruction, such as 

24 a school librarian, counselor, or paraprofessional. 

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1 ‘‘(10) ELIGIBLE PARTNERSHIP.—The term ‘eligi2 ble partnership’ means an entity— 

3 ‘‘(A) that— 

4 ‘‘(i) shall include— 

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

6 agency; 

7 ‘‘(II)(aa) a high-need school or a 

8 consortium of high-need schools served 

9 by such high-need local educational 

10 agency; or 

11 ‘‘(bb) as applicable, a high-need 

12 early childhood education program; 

13 ‘‘(III) a partner institution; 

14 ‘‘(IV) a school, department, or 

15 program of education within such 

16 partner institution, which may include 

17 an existing teacher professional devel18 opment program with proven outcomes 

19 within a four-year institution of higher 

20 education that provides intensive and 

21 sustained collaboration between faculty 

22 and local educational agencies con23 sistent with the requirements of this 

24 title; and 

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1 ‘‘(V) a school or department of 

2 arts and sciences within such partner 

3 institution; or 

4 ‘‘(ii) shall include— 

5 ‘‘(I)(aa) a partner education in6 stitution; 

7 ‘‘(bb) a school, department, or 

8 program of education within such 

9 partner institution, which may include 

10 an existing teacher professional devel11 opment program with proven outcomes 

12 within a four-year institution of higher 

13 education that provides intensive and 

14 sustained collaboration between faculty 

15 and local educational agencies con16 sistent with the requirements of this 

17 title; or 

18 ‘‘(cc) a school or department of 

19 arts and sciences within such partner 

20 institution; and 

21 ‘‘(II) a State educational agency 

22 that will serve to place graduates of 

23 partnership programs into high-need 

24 local educational agencies, schools, or 

25 early childhood programs, or schools 

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1 that have been identified for com2 prehensive support and improvement 

3 under section 1111(d)(2) of the Ele4 mentary and Secondary Education Act 

5 of 1965 (20 U.S.C. 6311(d)(2)); and 

6 ‘‘(B) that may include any of the following: 

7 ‘‘(i) The Governor of the State. 

8 ‘‘(ii) The State educational agency. 

9 ‘‘(iii) The State board of education. 

10 ‘‘(iv) The State agency for higher edu11 cation. 

12 ‘‘(v) A public or private nonprofit edu13 cational organization. 

14 ‘‘(vi) An educational service agency. 

15 ‘‘(vii) A public school teacher, prin16 cipal, or school leader organization. 

17 ‘‘(viii) A high-performing local edu18 cational agency, or a consortium of such 

19 local educational agencies, that can serve as 

20 a resource to the partnership. 

21 ‘‘(ix) A charter school (as defined in 

22 section 4310 of the Elementary and Sec23 ondary Education Act of 1965 (20 U.S.C. 

24 7221i)). 

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1 ‘‘(x) A school or department within the 

2 partner institution that focuses on psy3 chology and human development. 

4 ‘‘(xi) A school or department within 

5 the partner institution for teacher or school 

6 leader preparation with comparable exper7 tise in the disciplines of teaching, learning, 

8 and child and adolescent development. 

9 ‘‘(xii) An entity operating a program 

10 that provides alternative routes to State cer11 tification of teachers or principals. 

12 ‘‘(11) ENGLISH LEARNER.—The term ‘English 

13 learner’ has the meaning given the term in section 

14 8101 of the Elementary and Secondary Education 

15 Act of 1965 (20 U.S.C. 7801). 

16 ‘‘(12) EVIDENCE-BASED.—The term ‘evidence17 based’ has the meaning given the term in subclauses 

18 (I) and (II) of section 8101(21)(A)(i) of the Elemen19 tary and Secondary Education Act of 1965 (20 

20 U.S.C. 7801(21)(A)). 

21 ‘‘(13) EVIDENCE OF STUDENT LEARNING.—The 

22 term ‘evidence of student learning’ means multiple 

23 measures of student learning that include the fol24 lowing: 

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1 ‘‘(A) Valid and reliable student assessment 

2 data, which may include data— 

3 ‘‘(i) on student learning gains on state4 wide academic assessments under section 

5 1111(b)(2) of the Elementary and Sec6 ondary Education Act of 1965; 

7 ‘‘(ii) from student academic achieve8 ment assessments used at the national, 

9 State, or local levels, where available and 

10 appropriate for the curriculum and students 

11 taught; 

12 ‘‘(iii) from classroom-based summative 

13 assessments; and 

14 ‘‘(iv) from high quality validated per15 formance-based assessments that are aligned 

16 with challenging State academic standards 

17 adopted under section 1111(b)(1) of the Ele18 mentary and Secondary Education Act of 

19 1965 (20 U.S.C. 6311(b)(1)). 

20 ‘‘(B) Not less than one of the following ad21 ditional measures: 

22 ‘‘(i) Student work, including measures 

23 of performance criteria and evidence of stu24 dent growth. 

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1 ‘‘(ii) Teacher-generated information 

2 about student goals and growth. 

3 ‘‘(iii) Parental feedback about student 

4 goals and growth. 

5 ‘‘(iv) Student feedback about learning 

6 and teaching supports. 

7 ‘‘(v) Assessments of affective engage8 ment and self-efficacy. 

9 ‘‘(vi) Other appropriate measures, as 

10 determined by the State. 

11 ‘‘(14) FOSTER CARE.— 

12 ‘‘(A) IN GENERAL.—The term ‘foster care’ 

13 means 24-hour substitute care for a child placed 

14 away from the child’s parents or guardians and 

15 for whom the State agency has placement and 

16 care responsibility. The term includes care 

17 through a placement in a foster family home, a 

18 foster home of a relative, a group home, an emer19 gency shelter, a residential facility, a child care 

20 institution, or a pre-adoptive home. 

21 ‘‘(B) RULE.—A child shall be considered to 

22 be in foster care under subparagraph (A) with23 out regard to whether— 

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1 ‘‘(i) the foster care facility is licensed 

2 and payments are made by the State or 

3 local agency for the care of the child; 

4 ‘‘(ii) adoption subsidy payments are 

5 being made prior to the finalization of an 

6 adoption; or 

7 ‘‘(iii) Federal matching funds for any 

8 payments described in clause (i) or (ii) are 

9 being made. 

10 ‘‘(15) HIGH-NEED EARLY CHILDHOOD EDU11 CATION PROGRAM.—The term ‘high-need early child12 hood education program’ means an early childhood 

13 education program serving children from low-income 

14 families that is located within the geographic area 

15 served by a high-need local educational agency. 

16 ‘‘(16) HIGH-NEED LOCAL EDUCATIONAL AGEN17 CY.—The term ‘high-need local educational agency’ 

18 means a local educational agency— 

19 ‘‘(A)(i) that serves not fewer than 10,000 

20 low-income children; 

21 ‘‘(ii) for which not less than 40 percent of 

22 the children served by the agency are low-income 

23 children; 

24 ‘‘(iii) that meets the eligibility requirements 

25 for funding under the Small, Rural School 

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1 Achievement Program under section 5211(b) of 

2 the Elementary and Secondary Education Act of 

3 1965 or the Rural and Low-Income School Pro4 gram under section 6221(b) of such Act; or 

5 ‘‘(iv) that has a percentage of low-income 

6 children that is in the highest quartile among 

7 such agencies in the State; and 

8 ‘‘(B)(i) for which a significant number of 

9 schools served by the agency is identified by the 

10 State for comprehensive supports and interven11 tions under section 1111(c)(4)(D)(i) of the Ele12 mentary and Secondary Education Act of 1965; 

13 or 

14 ‘‘(ii) for which a significant number of 

15 schools served by the agency has a high teacher 

16 turnover rate or is experiencing a teacher short17 age in a high-needs field, as determined by the 

18 State. 

19 ‘‘(17) HIGH-NEED SCHOOL.— 

20 ‘‘(A) IN GENERAL.—The term ‘high-need 

21 school’ means a school that, based on the most re22 cent data available, is— 

23 ‘‘(i) an elementary school, in which not 

24 less than 60 percent of students are eligible 

25 for a free or reduced price school lunch 

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1 under the Richard B. Russell National 

2 School Lunch Act; 

3 ‘‘(ii) any other school that is not an el4 ementary school, in which not less than 45 

5 percent of students are eligible for a free or 

6 reduced price school lunch under the Rich7 ard B. Russell National School Lunch Act 

8 (42 U.S.C. 1751 et seq.); or 

9 ‘‘(iii) identified for comprehensive sup10 port and improvement under section 

11 1111(c)(4)(D) of the Elementary and Sec12 ondary Education Act of 1965 (20 U.S.C. 

13 6311(c)(4)(D)), targeted support and im14 provement under section 1111(d)(2) of such 

15 Act (20 U.S.C. 6311(d)(2)), or additional 

16 targeted support under section 

17 1111(d)(2)(C) of such Act (20 U.S.C. 

18 6311(d)(2)(C)). 

19 ‘‘(B) SPECIAL RULE.— 

20 ‘‘(i) DESIGNATION BY THE SEC21 RETARY.—The Secretary may, upon ap22 proval of an application submitted by an 

23 eligible partnership seeking a grant under 

24 this title, designate a school that does not 

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1 paragraph (A) as a high-need school for the 

2 purpose of this title. The Secretary shall 

3 base the approval of an application for des4 ignation of a school under this clause on a 

5 consideration of the information required 

6 under clause (ii), and may also take into 

7 account other information submitted by the 

8 eligible partnership. 

9 ‘‘(ii) APPLICATION REQUIREMENTS.— 

10 An application for designation of a school 

11 under clause (i) shall include— 

12 ‘‘(I) the number and percentage of 

13 students attending such school who 

14 are— 

15 ‘‘(aa) aged 5 through 17 in 

16 poverty counted in the most recent 

17 census data approved by the Sec18 retary; 

19 ‘‘(bb) eligible for a free or re20 duced price school lunch under the 

21 Richard B. Russell National 

22 School Lunch Act; 

23 ‘‘(cc) in families receiving 

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1 gram funded under part A of title 

2 IV of the Social Security Act; or 

3 ‘‘(dd) eligible to receive med4 ical assistance under the Medicaid 

5 program; 

6 ‘‘(II) information about the stu7 dent academic achievement of students 

8 at such school; and 

9 ‘‘(III) for a secondary school, the 

10 four-year adjusted cohort graduation 

11 rate for such school. 

12 ‘‘(18) HIGHLY COMPETENT.—The term ‘highly 

13 competent’, when used with respect to an early child14 hood educator, means an early childhood educator— 

15 ‘‘(A) with specialized education and train16 ing in development and education of young chil17 dren from birth until entry into kindergarten or 

18 a specialization in infants and toddlers or pre19 school children; 

20 ‘‘(B) with a baccalaureate degree in an aca21 demic major in an early childhood or related 

22 field; and 

23 ‘‘(C) who has demonstrated a high level of 

24 knowledge and use of content and pedagogy in 

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1 the relevant areas associated with quality early 

2 childhood education. 

3 ‘‘(19) HOMELESS CHILD.—The term ‘homeless 

4 child’ means an individual who is a homeless child 

5 or youth under section 725 of the McKinney-Vento 

6 Homeless Assistance Act (42 U.S.C. 11434a). 

7 ‘‘(20) INDUCTION PROGRAM.—The term ‘induc8 tion program’ means a formalized program for new 

9 teachers, principals, or school leaders, during not less 

10 than the teachers’, principals, or school leaders’ first 

11 2 years of, respectively, teaching or leading, that is 

12 designed to provide support for, and improve the pro13 fessional performance and increase the retention in 

14 the education field of, beginning teachers, principals, 

15 or school leaders. Such program shall promote effec16 tive teaching or leadership skills and shall include the 

17 following components: 

18 ‘‘(A) High-quality and structured teacher or 

19 school leader mentoring led by a trained and ex20 pert mentor who has demonstrated high skill and 

21 effectiveness and who teaches or leads, or has 

22 taught or led, in the same or similar field, grade, 

23 or subject as the mentee. 

24 ‘‘(B) Periodic, structured time for collabora25 tion, including with mentors, as well as time for 

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1 information-sharing among teachers, principals, 

2 other school leaders and administrators, other 

3 appropriate instructional staff, and partici4 pating faculty or program staff in the partner 

5 institution. 

6 ‘‘(C) The application of evidence-based in7 structional practices. 

8 ‘‘(D) Opportunities for new teachers, prin9 cipals, or school leaders to draw directly on the 

10 expertise of mentors, faculty or program staff, 

11 and researchers, including through mentor obser12 vation and feedback, to support the integration 

13 of evidence-based research and practice. 

14 ‘‘(E) The development of skills in evidence15 based instructional and behavioral supports and 

16 interventions. 

17 ‘‘(F) Programs to support the health and 

18 well-being of teachers, particularly in high-need 

19 schools or high-need local educational agencies. 

20 These may include programs that focus on social 

21 emotional learning, organizational interventions, 

22 workplace wellness, and stress management. 

23 ‘‘(G) Faculty or program staff who— 

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1 ‘‘(i) model the integration of research 

2 and practice in the classroom and school; 

3 and 

4 ‘‘(ii) assist new teachers or school lead5 ers with the effective use and integration of 

6 educational and accessible technology and 

7 universal design for learning into the class8 room or school. 

9 ‘‘(H) Interdisciplinary collaboration among 

10 teacher leaders or school leaders, faculty or pro11 gram staff, researchers, and other staff who pre12 pare new teachers or school leaders with respect 

13 to, as applicable, the learning process, the assess14 ment of learning, or the leadership of a school. 

15 ‘‘(I) As applicable to the role, assistance 

16 with understanding of the effective use of data, 

17 particularly student achievement data, and the 

18 applicability of such data to inform and improve 

19 classroom instruction and school leadership. 

20 ‘‘(J) Regular and structured observation 

21 and evaluation of new teachers, principals, or 

22 other school leaders that are based in part on 

23 evidence of student learning, shall include mul24 tiple measures of educator performance, and 

25 shall provide clear, timely, and useful feedback to 

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1 teachers, principals, or other school leaders to be 

2 used to improve instruction, as applicable. 

3 ‘‘(K) With respect to a principal induction 

4 program, the development of local-educational5 agency-wide systems such as rigorous leader 

6 standards, continuous ongoing identification of 

7 goals for improvement, and support for achiev8 ing those goals. 

9 ‘‘(L) The development of skills in improving 

10 the school culture and climate related to school 

11 leadership and the role of the principal, includ12 ing to— 

13 ‘‘(i) nurture teacher and staff develop14 ment to strengthen classroom practice; 

15 ‘‘(ii) support teacher health and well16 being, including through programs that 

17 focus on social emotional learning, organi18 zational interventions, workplace wellness, 

19 and stress management; 

20 ‘‘(iii) build and sustain an inclusive 

21 culture of learning among adults and chil22 dren; 

23 ‘‘(iv) strengthen communications and 

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1 givers, paraprofessionals, and community 

2 stakeholders; 

3 ‘‘(v) facilitate the sharing of knowledge, 

4 insight, and best practices in the commu5 nity served by the school, preschool pro6 gram, or early childhood education pro7 gram, including with youth serving pro8 grams (such as before- and after-school and 

9 summer programs); and 

10 ‘‘(vi) 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 632 

16 of the Individuals with Disabilities Education Act 

17 (20 U.S.C. 1432). 

18 ‘‘(22) MENTORING.—The term ‘mentoring’ means 

19 the mentoring or coaching of new or prospective 

20 teachers, principals, or school leaders through a pro21 gram that— 

22 ‘‘(A) includes clear criteria for the selection 

23 of teacher, principal, or school leader mentors 

24 who may be program staff and who will provide 

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1 teria shall be developed by the eligible partner2 ship and based on measures of teacher or school 

3 leader effectiveness; 

4 ‘‘(B) provides high-quality training for such 

5 mentors, including instructional strategies for 

6 culturally relevant teaching practices, literacy 

7 instruction and classroom management (includ8 ing approaches that improve the schoolwide cli9 mate for learning, create inclusive classroom en10 vironments, and address the social and emo11 tional needs of students, which may include posi12 tive behavioral interventions and supports); 

13 ‘‘(C) provides regular and ongoing opportu14 nities for mentors and mentees to observe each 

15 other’s teaching or leading methods in classroom 

16 or school settings during the day in a high-need 

17 school in the high-need local educational agency 

18 in the eligible partnership; 

19 ‘‘(D) provides paid release time for mentors; 

20 ‘‘(E) for teachers, provides mentoring to 

21 each mentee by a colleague who teaches in the 

22 same field, grade, or subject as the mentee; 

23 ‘‘(F) for teachers, promotes empirically24 based practice of, and evidence-based research on, 

25 where applicable— 

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1 ‘‘(i) teaching and learning; 

2 ‘‘(ii) assessment of student learning; 

3 ‘‘(iii) the development of teaching skills 

4 through the use of instructional and behav5 ioral interventions, including trauma-in6 formed practices; and 

7 ‘‘(iv) the improvement of the mentees’ 

8 capacity to measurably advance student 

9 learning; and 

10 ‘‘(G) includes— 

11 ‘‘(i) common planning time or regu12 larly scheduled collaboration for the mentor 

13 and mentee; and 

14 ‘‘(ii) as applicable, joint professional 

15 development opportunities. 

16 ‘‘(23) PARENT.—The term ‘parent’ has the 

17 meaning given the term in section 8101 of the Ele18 mentary and Secondary Education Act of 1965 (20 

19 U.S.C. 7801). 

20 ‘‘(24) PARTNER INSTITUTION.—The term ‘part21 ner institution’ means an institution of higher edu22 cation, which may include a 2-year institution of 

23 higher education offering a dual program with a 4- 

24 year institution of higher education, participating in 

25 an eligible partnership that has a teacher or school 

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1 leader preparation program that is accredited by the 

2 State— 

3 ‘‘(A) in the case of a teacher preparation 

4 program— 

5 ‘‘(i) whose graduates exhibit strong 

6 performance on State-determined qualifying 

7 assessments for new teachers through— 

8 ‘‘(I) demonstrating that 80 per9 cent or more of the graduates of the 

10 program who intend to enter the field 

11 of teaching have passed all of the ap12 plicable State qualification assessments 

13 for new teachers, which shall include 

14 an assessment of each prospective 

15 teacher’s subject matter knowledge in 

16 the content area in which the teacher 

17 intends to teach; or 

18 ‘‘(II) that is not designated as a 

19 low-performing teacher preparation 

20 program in the State as determined by 

21 the State— 

22 ‘‘(aa) using criteria con23 sistent with the requirements for 

24 the State assessment under section 

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1 207(a) before the first publication 

2 of such report card; and 

3 ‘‘(bb) using the State assess4 ment required under section 

5 207(a), after the first publication 

6 of such report card and for every 

7 year thereafter; and 

8 ‘‘(ii) that requires— 

9 ‘‘(I) each student in the program 

10 to meet high academic standards or 

11 demonstrate a record of success, as de12 termined by the institution (including 

13 prior to entering and being accepted 

14 into a program), and participate in 

15 intensive clinical experience; 

16 ‘‘(II) each student in the program 

17 preparing to become a teacher who 

18 meets the applicable State certification 

19 and licensure requirements, including 

20 any requirements for certification ob21 tained through alternative routes to 

22 certification, or, with regard to special 

23 education teachers, the qualifications 

24 described in section 612(a)(14)(C) of 

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1 cation Act (20 U.S.C. 1412(a)(14)(C)); 

2 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 prepara8 tion 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 assistant 

14 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 sup19 port systems (as described in section 

20 2101(c)(4)(B)(ii) of the Elementary 

21 and Secondary Education Act of 1965) 

22 or, if no such ratings are available, 

23 other, comparable indicators of per24 formance; and 

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1 ‘‘(ii) that requires each student in the 

2 program to participate in an intensive, 

3 high-quality clinical experience in an au4 thentic setting (including by assuming sub5 stantial leadership responsibilities) for at 

6 least one full academic semester (or the 

7 equivalent) in which the student can be 

8 evaluated on leadership skills and the stu9 dent’s effect on student learning as part of 

10 program completion. 

11 ‘‘(25) PROFESSIONAL DEVELOPMENT.—The term 

12 ‘professional development’ has the meaning given the 

13 term in section 8101 of the Elementary and Sec14 ondary Education Act of 1965 (20 U.S.C. 7801). 

15 ‘‘(26) PROFESSION-READY.—The term ‘profes16 sion-ready’— 

17 ‘‘(A) when used with respect to a principal 

18 or other school leader, means a principal or 

19 other school leader who— 

20 ‘‘(i) has an advanced degree, or other 

21 appropriate credential; 

22 ‘‘(ii) has completed a principal or 

23 other school leader preparation process and 

24 is fully certified and licensed by the State 

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1 in which the principal or other school leader 

2 is employed; 

3 ‘‘(iii) has demonstrated instructional 

4 leadership, including the ability to collect, 

5 analyze, and utilize data on evidence of stu6 dent learning and evidence of classroom 

7 practice; 

8 ‘‘(iv) has demonstrated proficiency in 

9 professionally recognized leadership stand10 ards, such as through— 

11 ‘‘(I) a performance assessment; 

12 ‘‘(II) completion of a residency 

13 program; or 

14 ‘‘(III) other measures of leader15 ship effectiveness, as determined by the 

16 State; and 

17 ‘‘(v) has demonstrated the ability to 

18 work with students with disabilities and 

19 students who are culturally and linguis20 tically diverse; 

21 ‘‘(B) when used with respect to a teacher, 

22 means a teacher who— 

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1 censed to teach by the State in which the 

2 teacher is employed; 

3 ‘‘(ii) has a baccalaureate degree or 

4 higher; 

5 ‘‘(iii) has demonstrated content knowl6 edge in the subject or subjects the teacher 

7 teaches; 

8 ‘‘(iv) has demonstrated the ability to 

9 work with students with disabilities and 

10 students who are culturally and linguis11 tically diverse; 

12 ‘‘(v) has demonstrated teaching skills, 

13 such as through— 

14 ‘‘(I) a teacher performance assess15 ment; or 

16 ‘‘(II) other measures of teaching 

17 skills, as determined by the State; and 

18 ‘‘(vi) has demonstrated proficiency 

19 with the use of educational and accessible 

20 technology; and 

21 ‘‘(C) when used with respect to any other 

22 educator not described in subparagraph (A) or 

23 (B), means an educator who has completed an 

24 appropriate preparation program and is fully 

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1 certified or licensed by the State in which the ed2 ucator is employed. 

3 ‘‘(27) RESIDENCY PROGRAM.—The term ‘resi4 dency program’ means a school-based educator prepa5 ration program, based on models of effective teaching 

6 and leadership residencies, in which a prospective 

7 teacher, principal, or other school leader— 

8 ‘‘(A) for 1 academic year, works alongside 

9 a mentor teacher, principal, or other school lead10 er who is— 

11 ‘‘(i) the educator of record; and 

12 ‘‘(ii) is rated as effective or above in 

13 the State’s school leader evaluation and sup14 port system (as described in section 

15 2101(c)(4)(B)(ii) of the Elementary and 

16 Secondary Education Act of 1965 (20 

17 U.S.C. 6611(c)(4)(B)(ii))) or, if no such 

18 ratings are available, other, on comparable 

19 indicators of performance; 

20 ‘‘(B) receives concurrent, aligned instruc21 tion during the year described in subparagraph 

22 (A) from the partner institution, which may be 

23 courses taught by local educational agency per24 sonnel or residency program faculty, in, as ap25 plicable— 

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1 ‘‘(i) the teaching of the content area in 

2 which the teacher will become certified or li3 censed; 

4 ‘‘(ii) pedagogical practices, including 

5 the teaching skills defined in paragraph 

6 (33); and 

7 ‘‘(iii) leadership, management, organi8 zational, and instructional skills necessary 

9 to serve as a principal or other school lead10 er; 

11 ‘‘(C) acquires effective teaching or leader12 ship skills through the integration of pedagogy, 

13 classroom or school practice, and teacher or lead14 ership mentoring; and 

15 ‘‘(D) prior to completion of the program— 

16 ‘‘(i) demonstrates the prerequisite skills 

17 to advance student learning, which may be 

18 measured by a teacher or school leader per19 formance assessment; 

20 ‘‘(ii) attains full State teacher, prin21 cipal, or school leader certification or licen22 sure; 

23 ‘‘(iii) with respect to special education 

24 teachers, meets the qualifications described 

25 in section 612(a)(14)(C) of the Individuals 

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1 with Disabilities Education Act (20 U.S.C. 

2 1412(a)(14)(C)); and 

3 ‘‘(iv) becomes profession-ready. 

4 ‘‘(28) SCHOOL LEADER.—The term ‘school lead5 er’ has the meaning given the term in section 8101 

6 of the Elementary and Secondary Education Act of 

7 1965 (20 U.S.C. 7801). 

8 ‘‘(29) SCHOOL LEADER PREPARATION ENTITY.— 

9 The term ‘school leader preparation entity’ means an 

10 institution of higher education or a nonprofit organi11 zation, including those institutions or organizations 

12 that provide alternative routes to certification, that is 

13 approved by the State to prepare school leaders to be 

14 effective. 

15 ‘‘(30) SCHOOL LEADER PREPARATION PRO16 GRAM.—The term ‘school leader preparation program’ 

17 means a program offered by a school leader prepara18 tion entity, whether a traditional or alternative route, 

19 that is approved by the State to prepare school lead20 ers to be effective and that leads to a specific State 

21 certification to be a school leader. 

22 ‘‘(31) SCHOOL LEADER SKILLS.—The term 

23 ‘school leader skills’ refers to evidenced-based com24 petencies for principals and other school leaders such 

25 as— 

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1 ‘‘(A) shaping a vision of academic success 

2 for all students; 

3 ‘‘(B) creating a safe and inclusive learning 

4 environment; 

5 ‘‘(C) cultivating leadership in others; 

6 ‘‘(D) improving instruction; and 

7 ‘‘(E) managing people, data, and processes 

8 to foster school improvement. 

9 ‘‘(32) TEACHER LEADER.—The term ‘teacher 

10 leader’ means an effective educator who carries out 

11 formalized leadership responsibilities based on the 

12 demonstrated needs of the elementary school or sec13 ondary school in which the teacher is employed, while 

14 maintaining a role as a classroom instructor who— 

15 ‘‘(A) is trained in and practices teacher 

16 leadership; and 

17 ‘‘(B) fosters a collaborative culture to— 

18 ‘‘(i) support educator development, ef19 fectiveness, and student learning; 

20 ‘‘(ii) support access and use research to 

21 improve practice and student learning; 

22 ‘‘(iii) promote professional learning for 

23 continuous improvement; 

24 ‘‘(iv) facilitate improvements in in25 struction and student learning; promote the 

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1 appropriate use of assessments and data for 

2 school and district improvement; 

3 ‘‘(v) improve outreach and collabora4 tion with families and community; 

5 ‘‘(vi) advance the profession by shap6 ing and implementing policy; 

7 ‘‘(vii) advocate for increased access to 

8 great teaching and learning for all students; 

9 and 

10 ‘‘(viii) demonstrate cultural com11 petencies and provide instruction and sup12 port as such. 

13 ‘‘(33) TEACHING SKILLS.—The term ‘teaching 

14 skills’ means skills that enable a teacher to— 

15 ‘‘(A) increase student learning, achievement, 

16 and the ability to apply knowledge; 

17 ‘‘(B) effectively convey, explain, and provide 

18 opportunities for students to develop the skills 

19 aligned with the full depth and breadth of the 

20 State challenging academic standards, including 

21 the application of academic subject matter; 

22 ‘‘(C) effectively teach higher-order analyt23 ical, evaluation, problem-solving, critical think24 ing, social and emotional, collaboration, and 

25 communication skills; 

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1 ‘‘(D) employ strategies grounded in the dis2 ciplines of teaching and learning that— 

3 ‘‘(i) are based on empirically-based 

4 practice and evidence-based research, where 

5 applicable, related to teaching and learning; 

6 ‘‘(ii) are specific to academic subject 

7 matter; and 

8 ‘‘(iii) focus on the identification of stu9 dents’ specific learning needs, particularly 

10 students with disabilities, students who are 

11 English learners, students who are gifted 

12 and talented, and students with low literacy 

13 levels, and the tailoring of academic in14 struction to such needs; 

15 ‘‘(E) design and conduct ongoing assess16 ments of student learning, which may include 

17 the use of formative assessments, performance18 based assessments, project-based assessments, or 

19 portfolio assessments, that measures higher-order 

20 thinking skills (including application, analysis, 

21 synthesis, and evaluation) and use this informa22 tion to inform and personalize instruction; 

23 ‘‘(F) support the social, emotional, and aca24 demic achievement of all students including effec25 tively manage a classroom creating a positive 

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1 and inclusive classroom environment, including 

2 the ability to implement positive behavioral 

3 interventions, trauma-informed care, and other 

4 support strategies; 

5 ‘‘(G) support an inclusive learning environ6 ment through culturally responsive teaching; 

7 ‘‘(H) support accessible technology-rich in8 struction, assessment, and learning management 

9 in content areas, accessible technology literacy, 

10 and the use of universal design; 

11 ‘‘(I) demonstrate proficiency with the use of 

12 educational and accessible technology; 

13 ‘‘(J) communicate and work with families, 

14 and involve families in their children’s edu15 cation; and 

16 ‘‘(K) use, in the case of an early childhood 

17 educator or an educator at the elementary school 

18 or secondary school level, age-appropriate and 

19 developmentally appropriate strategies and prac20 tices for children and youth in early childhood 

21 education and elementary school or secondary 

22 school programs, respectively. 

23 ‘‘(34) TEACHER PERFORMANCE ASSESSMENT.— 

24 The term ‘teacher performance assessment’ means a 

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1 pre-service assessment used to measure teacher per2 formance that is approved by the State and is— 

3 ‘‘(A) based on professional teaching stand4 ards; 

5 ‘‘(B) used to measure the effectiveness of a 

6 teacher’s— 

7 ‘‘(i) curriculum planning informed by 

8 an understanding of students’ prior knowl9 edge, experiences, and racial, linguistic, cul10 tural, and community assets; 

11 ‘‘(ii) instruction of students, including 

12 the skills necessary to advance student 

13 learning, and including appropriate plans, 

14 differentiation, and modifications to sup15 port student learning needs, including 

16 English learners and students with disabil17 ities; 

18 ‘‘(iii) assessment of students, including 

19 analysis of evidence of student learning; 

20 ‘‘(iv) ability to analyze, reflect on, and 

21 improve teaching practice in response to 

22 student learning; and 

23 ‘‘(v) demonstrate cultural competencies 

24 through curriculum planning and instruc25 tion. 

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1 ‘‘(C) validated based on professional assess2 ment standards; 

3 ‘‘(D) reliably scored by trained evaluators, 

4 with appropriate oversight of the process to en5 sure consistency; and 

6 ‘‘(E) used to support continuous improve7 ment of educator practice. 

8 ‘‘(35) TEACHER PREPARATION ENTITY.—The 

9 term ‘teacher preparation entity’ means an institu10 tion of higher education, a nonprofit organization, or 

11 other organization that is approved by a State to pre12 pare teachers to be effective in the classroom. 

13 ‘‘(36) TEACHER PREPARATION PROGRAM.—The 

14 term ‘teacher preparation program’ means a program 

15 offered by a teacher preparation entity that leads to 

16 a specific State teacher certification. 

17 ‘‘(37) TRAUMA-INFORMED CARE.—The term 

18 ‘trauma-informed care’ is defined as the evidence19 based practices outlined in section 4108(B)(II)(aa) of 

20 the Elementary and Secondary Education Act of 

21 1965.’’. 

22 SEC. 2002. PURPOSES. 

23 Section 201 of the Higher Education Act of 1965 (20 

24 U.S.C. 1022) is amended— 

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1 (1) in paragraph (2), by striking ‘‘by improving 

2 the preparation of prospective teachers and enhancing 

3 professional development activities for new teachers’’ 

4 and inserting ‘‘, school leaders, including teacher 

5 leaders, and other educators by improving the prepa6 ration of prospective teachers, school leaders, and 

7 other educators and enhancing professional develop8 ment activities for new teachers, school leaders, and 

9 other educators’’; 

10 (2) in paragraph (3), by striking ‘‘; and’’ and 

11 inserting a semicolon; 

12 (3) by striking paragraph (4) and inserting the 

13 following new paragraphs: 

14 ‘‘(4) hold teacher, principal and school leader, 

15 and other educator preparation programs accountable 

16 for preparing effective teachers, principals and school 

17 leaders, and other educators; 

18 ‘‘(5) recruit individuals, including members of 

19 racial and ethnic groups underrepresented in the 

20 teaching profession and individuals from other occu21 pations (including informal education and youth de22 velopment fields), as profession-ready teachers and 

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1 agement, with an emphasis on areas of State-identi2 fied teacher shortage; and 

3 ‘‘(6) meet the staffing needs of high-need local 

4 educational agencies and high-need schools through 

5 close partnerships with educator preparation pro6 grams within institutions of higher education.’’. 

7 SEC. 2003. PARTNERSHIP GRANTS. 

8 Section 202 of the Higher Education Act of 1965 (20 

9 U.S.C. 1022a) is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (1), by inserting ‘‘equi12 table distribution,’’ after ‘‘professional develop13 ment,’’; 

14 (B) by amending paragraph (2) to read as 

15 follows: 

16 ‘‘(2) a description of the extent to which the pro17 gram to be carried out with grant funds, as described 

18 in subsection (c), will prepare prospective teachers, 

19 school leaders, and new educators with strong teach20 ing, school leadership, and other professional skills 

21 necessary to increase learning and academic achieve22 ment;’’; 

23 (C) in paragraph (3), by inserting ‘‘, school 

24 leaders, and other educators,’’ after ‘‘new teach25 ers’’; 

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1 (D) in paragraph (4)— 

2 (i) in subparagraph (A), by inserting 

3 ‘‘, school leader, and other educator’’ after 

4 ‘‘other teacher’’; and 

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

6 ‘‘, school leader, and other educator’’ after 

7 ‘‘promote teacher’’; 

8 (E) in paragraph (6)— 

9 (i) by redesignating subparagraphs (I), 

10 (J), and (K) as subparagraphs (J), (K), 

11 and (M), respectively; 

12 (ii) by striking subparagraphs (F), 

13 (G), and (H) and inserting the following: 

14 ‘‘(F) how the partnership will prepare edu15 cators to teach and work with students with dis16 abilities, including training related to early 

17 identification of students with disabilities and 

18 participation as a member of individualized 

19 education program teams, as defined in section 

20 614(d)(1)(B) of the Individuals with Disabilities 

21 Education Act to ensure that students with dis22 abilities receive effective services, consistent with 

23 the requirements of the Individuals with Disabil24 ities Education Act, that are needed for such stuVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 dents to achieve to challenging State academic 

2 standards; 

3 ‘‘(G) how the partnership will prepare edu4 cators to teach and work with students who are 

5 English learners to ensure that students who are 

6 English learners receive the services that are 

7 needed for such students to achieve to challenging 

8 State academic standards; 

9 ‘‘(H) in the case of activities related to 

10 principal and school leader preparation pro11 grams, how the partnership will prepare prin12 cipals and other school leaders to foster instruc13 tion that supports the success of all students, in14 cluding students with disabilities, students who 

15 are English learners, and students in early 

16 childhood education in alignment with State 

17 early learning standards for early childhood edu18 cation programs; 

19 ‘‘(I) how faculty at the partner institution 

20 will work, during the term of the grant, with 

21 mentor educators in the classrooms and adminis22 trators of high-need schools served by the high23 need local educational agency in the partnership 

24 to— 

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1 ‘‘(i) provide high-quality professional 

2 development activities to strengthen the con3 tent knowledge and teaching skills of ele4 mentary school and secondary school teach5 ers and other educators, including multi6 tiered systems of support and universal de7 sign for learning; 

8 ‘‘(ii) train other classroom teachers, 

9 principals or other school leaders, school li10 brarians, and other educators to implement 

11 literacy programs that incorporate the com12 ponents of comprehensive literacy instruc13 tion; and 

14 ‘‘(iii) provide evidence-based, high15 quality professional development activities 

16 to strengthen the instructional and leader17 ship skills of elementary school and sec18 ondary school principals or other school 

19 leaders and district superintendents, if the 

20 partner institution has a principal or 

21 school leader preparation program;’’; 

22 (iii) in subparagraph (J) (as so redes23 ignated), by inserting ‘‘as applicable’’ before 

24 ‘‘how the partnership’’; 

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1 (iv) in subparagraph (K) (as so redes2 ignated), by striking ‘‘and’’ at the end; 

3 (v) by inserting after subparagraph 

4 (K) (as so resdesignated) the following: 

5 ‘‘(L) how faculty at the partner institution 

6 for school leader preparation will work, during 

7 the term of the grant, with their— 

8 ‘‘(i) State to use rigorous, research9 based leader standards and align program 

10 accreditation criteria and principal licen11 sure requirements with those standards; and 

12 ‘‘(ii) high-needs local education agen13 cies that hire their graduates to use rig14 orous, evidence-based leader standards and 

15 align program content and local edu16 cational agencies’ evaluation systems with 

17 those standards; and’’; and 

18 (vi) in subparagraph (M) (as so redes19 ignated), by inserting ‘‘, principals or other 

20 school leaders’’ after ‘‘teachers’’; and 

21 (F) in paragraph (7)— 

22 (i) in the matter before subparagraph 

23 (A), by striking ‘‘under this section’’ and 

24 inserting ‘‘under paragraphs (1)(B)(iv) and 

25 (3) of subsection (d)’’; 

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1 (ii) in subparagraph (A), by inserting 

2 ‘‘as applicable,’’ before ‘‘a demonstration’’; 

3 and 

4 (iii) in subparagraph (B), by striking 

5 ‘‘scientifically valid’’ and inserting ‘‘evi6 dence-based’’; 

7 (2) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) USE OF GRANT FUNDS.—An eligible partnership 

10 that receives a grant under this section— 

11 ‘‘(1) shall use such grant to carry out — 

12 ‘‘(A) a program for the pre-baccalaureate or 

13 post-baccalaureate preparation of teachers de14 scribed in subsection (d); 

15 ‘‘(B) a teaching residency program, or a 

16 principal or other school leader residency pro17 gram, described in subsection (e); 

18 ‘‘(C) a high-quality ‘Grow Your Own’ pro19 gram; or 

20 ‘‘(D) a combination of such programs; and 

21 ‘‘(2) may use such grant to carry out other edu22 cator development programs under subsection (f), 

23 based upon the results of the needs assessment in sub24 section (b)(1).’’; 

25 (3) in subsection (d)— 

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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘limited English pro3 ficient’’ both places it appears and inserting 

4 ‘‘English learners’’; and 

5 (ii) by striking ‘‘scientifically valid’’ 

6 both places it appears and inserting ‘‘evi7 dence-based’’; 

8 (iii) in subparagraph (B)(ii)(VI), by 

9 striking ‘‘reading instruction’’ both places it 

10 appears and inserting ‘‘comprehensive lit11 eracy instruction’’; 

12 (B) in paragraph (5)(B), by striking ‘‘lim13 ited English proficient students’’ and inserting 

14 ‘‘students who are English learners’’; 

15 (C) in paragraph (5)(C), by inserting 

16 ‘‘paraprofessionals,’’ after ‘‘occupations,’’; and 

17 (D) in paragraph (6)(A), by striking ‘‘read18 ing instruction’’ and inserting ‘‘comprehensive 

19 literacy instruction’’; 

20 (4) by amending subsection (e) to read as fol21 lows: 

22 ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT

23 OF TEACHING AND PRINCIPAL OR OTHER SCHOOL LEADER

24 RESIDENCY PROGRAMS.— 

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1 ‘‘(1) IN GENERAL.—An eligible partnership re2 ceiving a grant to carry out an effective teaching resi3 dency program or principal or other school leader 

4 residency program that meets the following require5 ments: 

6 ‘‘(A) TEACHING RESIDENCY PROGRAM.—An 

7 eligible partnership carrying out a teaching resi8 dency program shall— 

9 ‘‘(i) support a teaching residency pro10 gram described in paragraph (2) for high11 need schools, as determined by the needs of 

12 high-need local educational agency in the 

13 partnership, and in high-need subjects and 

14 areas, as defined by such local educational 

15 agency; and 

16 ‘‘(ii) place graduates of the teaching 

17 residency program in cohorts that facilitate 

18 professional collaboration, both among grad19 uates of the residency program and between 

20 such graduates and mentor teachers in the 

21 receiving school. 

22 ‘‘(B) PRINCIPAL OR SCHOOL LEADER RESI23 DENCY PROGRAM.—An eligible partnership car24 rying out a principal or school leader residency 

25 program shall support a program described in 

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1 paragraph (3) for high-need schools, as deter2 mined by the needs of the high-need local edu3 cational agency in the partnership. 

4 ‘‘(2) TEACHING RESIDENCY PROGRAM.— 

5 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

6 teaching residency program under this para7 graph shall be a program based upon models of 

8 successful teaching residencies that serves as a 

9 mechanism to prepare teachers for success in 

10 high-need schools in the eligible partnership and 

11 shall be designed to include the following charac12 teristics of successful programs: 

13 ‘‘(i) The integration of pedagogy, class14 room practice and teacher mentoring. 

15 ‘‘(ii) The exposure to principles of 

16 child and youth development, and under17 standing and applying principles of learn18 ing, behavior, and community and family 

19 engagement. 

20 ‘‘(iii) The exposure to principles of 

21 universal design for learning and multi22 tiered systems of support. 

23 ‘‘(iv) Engagement of teaching residents 

24 in rigorous coursework that results in a 

25 baccalaureate or master’s degree while unVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 dertaking a guided teaching clinical experi2 ence. 

3 ‘‘(v) Experience and learning opportu4 nities alongside a trained and experienced 

5 mentor teacher— 

6 ‘‘(I) whose teaching shall com7 plement the residency program so that 

8 school-based clinical practice is tightly 

9 aligned and integrated with 

10 coursework; 

11 ‘‘(II) who shall have extra respon12 sibilities as a teacher leader of the 

13 teaching residency program, as a men14 tor for residents, and as a teacher 

15 coach during the induction program 

16 for new teachers, and for establishing, 

17 within the program, a learning com18 munity in which all individuals are 

19 expected to continually improve their 

20 capacity to advance student learning; 

21 and 

22 ‘‘(III) who may be relieved from 

23 teaching duties or may be offered a sti24 pend as a result of such additional re25 sponsibilities. 

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1 ‘‘(vi) The establishment of clear cri2 teria for the selection of mentor teachers 

3 based on the appropriate subject area 

4 knowledge and measures of teacher effective5 ness, which shall be based on, but not lim6 ited to, observations of the following: 

7 ‘‘(I) Planning and preparation, 

8 including demonstrated knowledge of 

9 content, pedagogy, and assessment, in10 cluding the use of formative, 

11 summative, and diagnostic assessments 

12 to inform instruction and improve stu13 dent learning. 

14 ‘‘(II) Appropriate instruction that 

15 engages all students. 

16 ‘‘(III) Collaboration with col17 leagues to improve instruction. 

18 ‘‘(IV) Analysis of evidence of stu19 dent learning. 

20 ‘‘(V) Collaboration and the cul21 tivation of relationships with external 

22 stakeholders (which may include pro23 fessional disciplinary organizations 

24 and nonprofit advocacy organizations) 

25 to foster the sharing of evidence-based 

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1 resources to promote high-quality, effec2 tive practices. 

3 ‘‘(vii) The development of admissions 

4 goals and priorities— 

5 ‘‘(I) that are aligned with the hir6 ing objectives of the local educational 

7 agency partnering with the program, 

8 as well as the instructional initiatives 

9 and curriculum of such agency to hire 

10 qualified graduates from the teaching 

11 residency program; and 

12 ‘‘(II) which may include consider13 ation of applicants who reflect the 

14 communities in which they will teach 

15 as well as consideration of individuals 

16 from underrepresented populations in 

17 the teaching profession. 

18 ‘‘(viii) Continued support for residents 

19 once such residents are hired as the teachers 

20 of record, through an induction program, 

21 evidence-based professional development, 

22 and networking opportunities to support the 

23 residents through not less than the residents’ 

24 first 2 years of teaching. 

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1 ‘‘(B) SELECTION OF INDIVIDUALS AS

2 TEACHER RESIDENTS.— 

3 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

4 to be eligible to be a teacher resident in a 

5 teaching residency program under this 

6 paragraph, an individual shall— 

7 ‘‘(I) be a recent graduate of a 4- 

8 year institution of higher education or 

9 a mid-career professional possessing 

10 strong content knowledge or a record of 

11 professional accomplishment; 

12 ‘‘(II) in the case of an under13 graduate residency, enrolled as an un14 dergraduate student in a partner insti15 tution as defined in this title; and 

16 ‘‘(III) submit an application to 

17 the residency program. 

18 ‘‘(ii) SELECTION CRITERIA.—An eligi19 ble partnership carrying out a teaching 

20 residency program under this subsection 

21 shall establish criteria for the selection of el22 igible individuals to participate in the 

23 teaching residency program based on the 

24 following characteristics: 

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1 ‘‘(I) Strong content knowledge or 

2 record of accomplishment in the field 

3 or subject area to be taught. 

4 ‘‘(II) Strong verbal and written 

5 communication skills, which may be 

6 demonstrated by performance on ap7 propriate assessments. 

8 ‘‘(III) Other attributes linked to 

9 effective teaching, which may be deter10 mined by interviews or performance 

11 assessments, as specified by the eligible 

12 partnership. 

13 ‘‘(3) PARTNERSHIP GRANTS FOR THE DEVELOP14 MENT OF PRINCIPAL AND OTHER SCHOOL LEADER

15 RESIDENCY PROGRAMS.— 

16 ‘‘(A) ESTABLISHMENT AND DESIGN.—A 

17 principal or other school leader residency pro18 gram under this paragraph shall be a program 

19 based upon models of successful principal or 

20 other school leader residencies, and may include 

21 the development or support of principal pipe22 lines, that serve as a mechanism to prepare prin23 cipals and other school leaders for success in 

24 high-need schools in the eligible partnership and 

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1 shall be designed to include the following charac2 teristics of successful programs: 

3 ‘‘(i) Engagement of principal or other 

4 school leader residents in rigorous graduate5 level coursework to earn an appropriate ad6 vanced credential while undertaking a guid7 ed principal or other school leader clinical 

8 experience. 

9 ‘‘(ii) Experience and learning opportu10 nities, including those that provide contin11 uous feedback throughout the program on a 

12 participants’ progress, alongside a trained 

13 and experienced mentor principal or other 

14 school leader— 

15 ‘‘(I) whose mentoring shall be 

16 based on standards of effective men17 toring practice and shall complement 

18 the residence program so that school19 based clinical practice is tightly 

20 aligned with coursework; and 

21 ‘‘(II) who may be relieved from 

22 some portion of principal or other 

23 school leader duties or may be offered 

24 a stipend as a result of such additional 

25 responsibilities. 

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1 ‘‘(iii) The establishment of clear cri2 teria for the selection of mentor principals 

3 or other school leaders, which may be based 

4 on observations of the following: 

5 ‘‘(I) Demonstrating awareness of, 

6 and having experience with, the knowl7 edge, skills, and attitudes to— 

8 ‘‘(aa) establish and maintain 

9 a professional learning commu10 nity that effectively extracts infor11 mation from data to improve the 

12 school culture and climate, and 

13 personalize instruction for all stu14 dents to result in improved stu15 dent achievement; 

16 ‘‘(bb) create and maintain a 

17 learning culture within the school 

18 that provides an inclusive climate 

19 conducive to the development of 

20 all members of the school commu21 nity, including one of continuous 

22 improvement and learning for 

23 adults tied to student learning 

24 and other school goals; 

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1 ‘‘(cc) develop the professional 

2 capacity and practice of school 

3 personnel and foster a professional 

4 community of teachers and other 

5 professional staff; 

6 ‘‘(dd) engage in continuous 

7 professional development, utilizing 

8 a combination of academic study, 

9 developmental simulation exer10 cises, self-reflection, mentorship, 

11 and internship; 

12 ‘‘(ee) understand youth devel13 opment appropriate to the age 

14 level served by the school, and use 

15 this knowledge to set high expecta16 tions and standards for the aca17 demic, social, emotional, and 

18 physical development of all stu19 dents; 

20 ‘‘(ff) understand the science 

21 of adverse childhood experiences to 

22 lead schools that implement trau23 ma-informed practices; and 

24 ‘‘(gg) actively engage with 

25 families and the community to 

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1 create shared responsibility for 

2 student academic performance 

3 and successful development. 

4 ‘‘(II) Planning and articulating a 

5 shared and coherent schoolwide direc6 tion and policy for achieving high 

7 standards of student performance, and 

8 closing gaps in achievement among 

9 subgroups of students. 

10 ‘‘(III) Identifying and imple11 menting the activities and rigorous 

12 curriculum necessary for achieving 

13 such standards of student performance. 

14 ‘‘(IV) Supporting a culture of 

15 learning, collaboration, and profes16 sional behavior and ensuring quality 

17 measures of instructional practice. 

18 ‘‘(V) Communicating with, and 

19 engaging, parents, families, and other 

20 external communities. 

21 ‘‘(VI) Cultivating relationships 

22 and collaborating with external stake23 holders, which may include profes24 sional disciplinary organizations and 

25 nonprofit advocacy organizations, to 

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1 foster the sharing of evidence-based re2 sources to promote high-quality, effec3 tive practices. 

4 ‘‘(VII) Collecting, analyzing, and 

5 utilizing data and other evidence of 

6 student learning and evidence of class7 room practice to guide decisions and 

8 actions for continuous improvement 

9 and to ensure performance account10 ability. 

11 ‘‘(iv) The development of admissions 

12 goals and priorities— 

13 ‘‘(I) that are aligned with the hir14 ing objectives of the local educational 

15 agency partnering with the program, 

16 as well as the instructional initiatives 

17 and curriculum of such agency to hire 

18 qualified graduates from the principal 

19 residency program; and 

20 ‘‘(II) which may include consider21 ation of applicants who reflect the 

22 communities in which they will serve 

23 and consideration of individuals from 

24 underrepresented populations in school 

25 leadership positions. 

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1 ‘‘(v) Continued support for residents 

2 once such residents are hired as principals 

3 or other school leaders, through an induc4 tion program, evidence-based professional 

5 development to support the knowledge and 

6 skills of the principal or other school leader 

7 in a continuum of learning and content ex8 pertise in developmentally appropriate or 

9 age-appropriate educational practices, and 

10 networking opportunities to support the 

11 residents through not less than the residents’ 

12 first 2 years of serving as principal or other 

13 school leader of a school. 

14 ‘‘(B) SELECTION OF INDIVIDUALS AS PRIN15 CIPAL OR OTHER SCHOOL LEADER RESIDENTS.— 

16 ‘‘(i) ELIGIBLE INDIVIDUAL.—In order 

17 to be eligible to be a principal or other 

18 school leader resident in a principal or 

19 other school leader residency program under 

20 this paragraph, an individual shall— 

21 ‘‘(I) have prior prekindergarten 

22 through grade 12 teaching experience; 

23 ‘‘(II) have experience as an effec24 tive leader, manager, and written and 

25 oral communicator; 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 principal or 

5 other school leader residency program under 

6 this subsection shall establish criteria for 

7 the selection of eligible individuals to par8 ticipate in the principal residency program 

9 based on the following characteristics: 

10 ‘‘(I) Strong instructional leader11 ship skills in an elementary school or 

12 secondary school setting. 

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 leadership, such as sound 

19 judgment, organizational capacity, col20 laboration, commitment to equity and 

21 inclusiveness, and openness to contin22 uous learning, which may be deter23 mined by interviews or performance 

24 assessment, as specified by the eligible 

25 partnership. 

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1 ‘‘(4) STIPENDS OR SALARIES; APPLICATIONS; 

2 AGREEMENTS; AND REPAYMENTS.— 

3 ‘‘(A) STIPENDS OR SALARIES.—A teaching 

4 residency program, or a principal or other school 

5 leader residency program, under this sub6 section— 

7 ‘‘(i) shall provide a 1-year living sti8 pend or salary to residents during the 

9 teaching residency program or the principal 

10 or other school leader residency program; 

11 and 

12 ‘‘(ii) may provide a stipend to a men13 tor teacher or mentor principal. 

14 ‘‘(B) APPLICATIONS.— 

15 ‘‘(i) IN GENERAL.—Each residency 

16 candidate desiring a stipend or salary dur17 ing the period of residency shall submit an 

18 application to the eligible partnership at 

19 such time, in such manner, and containing 

20 such information and assurances, as the eli21 gible partnership may require, and which 

22 shall include an agreement to serve de23 scribed in clause (ii). 

24 ‘‘(ii) AGREEMENTS TO SERVE.—Each 

25 application submitted under clause (i) shall 

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1 contain or be accompanied by an agreement 

2 that the applicant will— 

3 ‘‘(I) upon successfully completing 

4 the 1-year teaching residency program, 

5 or principal or other school leader resi6 dency program, serve as a full-time 

7 teacher, principal, or other school lead8 er for a total of not less than 3 school 

9 years at— 

10 ‘‘(aa) a high-need school 

11 served by the high-need local edu12 cational agency in the eligible 

13 partnership and, in the case of a 

14 teacher, teach a subject or area 

15 that is designated as high-need by 

16 the partnership; or 

17 ‘‘(bb) in a case in which no 

18 appropriate position is available 

19 in a high-need school served by the 

20 high-need local educational agency 

21 in the eligible partnership, any 

22 other high-need school; 

23 ‘‘(II) provide to the eligible part24 nership a certificate, from the chief ad25 ministrative officer of the local eduVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cational agency in which the teacher or 

2 principal or other school leader is em3 ployed, of the employment required 

4 under subclause (I) at the beginning of, 

5 and upon completion of, each year or 

6 partial year of service; 

7 ‘‘(III) in the case of a teacher 

8 resident, meet the requirements to be a 

9 profession-ready teacher; 

10 ‘‘(IV) in the case of a principal or 

11 other school leader resident, meet the 

12 requirements to be a profession-ready 

13 principal or other school leader; and 

14 ‘‘(V) comply with the require15 ments set by the eligible partnership 

16 under subparagraph (C) if the appli17 cant is unable or unwilling to complete 

18 the service obligation required by this 

19 subparagraph. 

20 ‘‘(C) REPAYMENTS.— 

21 ‘‘(i) IN GENERAL.—An eligible part22 nership carrying out a teaching residency 

23 program, or a principal or other school 

24 leader residency program, under this sub25 section shall require a recipient of a stipend 

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1 or salary under subparagraph (A) who does 

2 not complete, or who notifies the partner3 ship that the recipient intends not to com4 plete, the service obligation required by sub5 paragraph (B) to repay such stipend or sal6 ary to the eligible partnership, together with 

7 interest, at a rate specified by the partner8 ship in the agreement, and in accordance 

9 with such other terms and conditions speci10 fied by the eligible partnership, as nec11 essary. 

12 ‘‘(ii) OTHER TERMS AND CONDI13 TIONS.—Any other terms and conditions 

14 specified by the eligible partnership may in15 clude reasonable provisions for prorate re16 payment of the stipend or salary described 

17 in subparagraph (A) or for deferral of a 

18 resident’s service obligation required by sub19 paragraph (B), on grounds of health, inca20 pacitation, inability to secure employment 

21 in a school served by the eligible partner22 ship, being called to active duty in the 

23 Armed Forces of the United States, or other 

24 extraordinary circumstances. 

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1 ‘‘(iii) USE OF REPAYMENTS.—An eligi2 ble partnership shall use any repayment re3 ceived under this subparagraph to carry out 

4 additional activities that are consistent 

5 with the purposes of this section.’’; 

6 (5) by striking subsection (f); 

7 (6) by redesignating subsections (g) through (k) 

8 as subsections (h) through (l), respectively; and 

9 (7) by inserting after subsection (e) the following: 

10 ‘‘(f) TEACHER LEADER DEVELOPMENT PROGRAM.— 

11 ‘‘(1) IN GENERAL.—A teacher leader development 

12 program carried out with a grant awarded under this 

13 section shall provide for the professional development 

14 of teachers, as described in paragraph (2), who main15 tain their roles as classroom teachers and who also 

16 carry out formalized leadership responsibilities to in17 crease the academic achievement of students and pro18 mote data-driven instructional practices that address 

19 the demonstrated needs at the elementary schools and 

20 secondary schools in which the teachers are employed, 

21 such as— 

22 ‘‘(A) development of curriculum and cur23 ricular resources; 

24 ‘‘(B) facilitating the work of committees 

25 and teams; 

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1 ‘‘(C) family and community engagement; 

2 ‘‘(D) school discipline and culture; 

3 ‘‘(E) peer observations and coaching; 

4 ‘‘(F) dual enrollment instruction; or 

5 ‘‘(G) cultural competencies. 

6 ‘‘(2) PROFESSIONAL DEVELOPMENT.—The profes7 sional development of teachers in a teacher leader de8 velopment program carried out with a grant awarded 

9 under this section shall include— 

10 ‘‘(A) one year of professional development, 

11 training, and support that may— 

12 ‘‘(i) include— 

13 ‘‘(I) the engagement of teachers in 

14 rigorous coursework and fieldwork rel15 evant to their role as a teacher leader, 

16 including available teacher leader 

17 standards; and 

18 ‘‘(II) regular observations and 

19 professional support from— 

20 ‘‘(aa) a principal, vice prin21 cipal, or a designated instruc22 tional leader of the school; 

23 ‘‘(bb) a representative from 

24 the institution of higher education 

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1 that is a partner in the eligible 

2 partnership; 

3 ‘‘(cc) a representative from 

4 another entity that is a partner 

5 in the eligible partnership; and 

6 ‘‘(dd) another member of the 

7 teacher leader cohort, if applica8 ble, or a peer teacher; and 

9 ‘‘(ii) result in the awarding of a cre10 dential in teacher leadership; and 

11 ‘‘(B) one or 2 additional years of support 

12 from a principal, vice principal, or a designated 

13 instructional leader of the school, a representa14 tive from the institution of higher education that 

15 is a partner in the eligible partnership, and a 

16 representative from another entity that is a part17 ner in the eligible partnership. 

18 ‘‘(3) TEACHER LEADER DEVELOPMENT PROGRAM

19 PLAN.—In carrying out a teacher leader development 

20 program under this section, an eligible partnership 

21 shall develop a plan that shall describe— 

22 ‘‘(A) how the work hours of teacher leaders 

23 will be allocated between their classroom respon24 sibilities and responsibilities as a teacher leader, 

25 which shall include a description of whether the 

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1 teacher leader will be relieved from teaching du2 ties during their participation in the teacher 

3 leader development program; 

4 ‘‘(B) how the partnership will support 

5 teacher leaders after the first year of professional 

6 development in the program; and 

7 ‘‘(C) how teacher leader activities could be 

8 sustained by the eligible partnership after the 

9 program concludes, which may include a de10 scription of opportunities for the teacher leaders 

11 to assist in the educator preparation program at 

12 the institution of higher education in the part13 nership. 

14 ‘‘(4) SELECTION OF TEACHER LEADERS; USE OF

15 FUNDS.—In carrying out a teacher leader develop16 ment program under this section, an eligible partner17 ship— 

18 ‘‘(A) shall select a teacher for participation 

19 in the program— 

20 ‘‘(i) who— 

21 ‘‘(I) is fully certified to teach in 

22 the State of the high-need local edu23 cational agency that is a partner in 

24 the eligible partnership; 

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1 ‘‘(II) is employed by such high2 need local educational agency; 

3 ‘‘(III) has not less than 3 years of 

4 teaching experience; and 

5 ‘‘(IV) submits an application for 

6 participation to the eligible partner7 ship; and 

8 ‘‘(ii) based on selection criteria that 

9 includes— 

10 ‘‘(I) demonstration of strong con11 tent knowledge or a record of accom12 plishment in the field or subject area 

13 the teacher will support as a teacher 

14 leader; and 

15 ‘‘(II) demonstration of attributes 

16 linked to effective teaching that are de17 termined through interviews, observa18 tions, other exhibits, student achieve19 ment, or performance assessments, such 

20 as those leading to an advanced cre21 dential; 

22 ‘‘(B) may develop admissions goals and pri23 orities for the teacher leader development pro24 gram that— 

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1 ‘‘(i) are aligned with the demonstrated 

2 needs of the school or high-need local edu3 cational agency in which the teacher is em4 ployed; 

5 ‘‘(ii) considers cultural competencies 

6 that would make the applicant effective in 

7 the applicant’s teacher leader role; and 

8 ‘‘(iii) considers whether the teacher has 

9 substantial teaching experience in the school 

10 in which the teacher is employed or in a 

11 school that is similar to the school in which 

12 the teacher is employed; 

13 ‘‘(C) shall use the grant funds to pay for 

14 costs of training and supporting teacher leaders 

15 for not less than 2 years and not more than 3 

16 years; 

17 ‘‘(D) may use the grant funds to pay for a 

18 portion of a stipend for teacher leaders if such 

19 grant funds are matched by additional non-Fed20 eral public or private funds as follows: 

21 ‘‘(i) during each of the first and second 

22 years of the grant period, grant funds may 

23 pay not more than 50 percent of such sti24 pend; and 

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1 ‘‘(ii) during the third year of the grant 

2 period, grant funds may pay not more than 

3 33 percent of such stipend; and 

4 ‘‘(E) may require teacher leaders to pay 

5 back the cost of attaining the credential described 

6 in paragraph (2)(A)(ii) if they do not complete 

7 their term of service in the teacher leader devel8 opment program. 

9 ‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT

10 OF GROW YOUR OWN PROGRAMS.— 

11 ‘‘(1) IN GENERAL.—An eligible partnership that 

12 receives a grant under this section may use such 

13 grant to carry out a high-quality ‘Grow Your Own’ 

14 program to address subject or geographic areas of 

15 teacher or school leader shortages or to increase the 

16 diversity of the teacher or school leader workforce. 

17 ‘‘(2) ELEMENTS OF A GROW YOUR OWN PRO18 GRAM.—A Grow Your Own program carried out 

19 under this section shall— 

20 ‘‘(A) integrate career-focused courses on 

21 education topics with school-based learning expe22 rience; 

23 ‘‘(B) provide opportunities for candidates to 

24 practice and develop the skills and dispositions 

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1 that will help them become skilled educators and 

2 leaders; 

3 ‘‘(C) support candidates as they complete 

4 their associate, baccalaureate, or master’s degree 

5 and earn their teaching or school leadership cre6 dential; and 

7 ‘‘(D) offer financial aid, in addition to fi8 nancial assistance that may be received under 

9 title IV, to candidates and work in partnership 

10 with members of the eligible partnership to pro11 vide academic, counseling, and programmatic 

12 supports. 

13 ‘‘(2) ESTABLISHMENT AND DESIGN.—To create 

14 and enhance multiple pathways to enter the educator 

15 and leadership workforce, an eligible partnership car16 rying out a Grow Your Own program under this sec17 tion, in collaboration with organizations representing 

18 educators and leaders and additional stakeholders— 

19 ‘‘(A) shall— 

20 ‘‘(i) establish an advisory group to re21 view barriers impacting underrepresented 

22 populations entering the teaching and 

23 school leadership profession, identify local 

24 teacher and leader workforce needs, develop 

25 policies on the creation or expansion of 

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1 Grow Your Own programs, and provide 

2 guidance and oversight on the implementa3 tion of such programs; 

4 ‘‘(ii) track and evaluate the effective5 ness of the program, including, at a min6 imum, using the data required under sec7 tion 204(a)(1); 

8 ‘‘(iii) require candidates to complete 

9 all State requirements to become fully cer10 tified; 

11 ‘‘(iv) provide academic and testing 

12 supports, including advising and financial 

13 assistance, to candidates for admission and 

14 completion of education preparation pro15 grams as well as State licensure assess16 ments; 

17 ‘‘(v) include efforts, to the extent fea18 sible, to recruit current paraprofessionals, 

19 as defined under section 8101 of the Ele20 mentary and Secondary Education Act of 

21 1965 (20 U.S.C. 7801), instructional assist22 ants, district employees not certified to 

23 teach or lead (such as long-term substitute 

24 teachers), after school and summer program 

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1 tary personnel, and other career changers 

2 with experience in hard to staff areas who 

3 are not currently certified to teach or lead 

4 with a specific focus on recruiting individ5 uals who are reflective of the race, ethnicity, 

6 and native language of the existing commu7 nity’s student population; and 

8 ‘‘(vi) provide a year-long clinical expe9 rience or teaching or school leadership resi10 dency in which candidates teach or lead 

11 alongside an expert mentor teacher or school 

12 leader; and 

13 ‘‘(B) may include— 

14 ‘‘(i) a stipend to cover candidate living 

15 expenses or childcare costs; and 

16 ‘‘(ii) compensation for mentors.’’. 

17 SEC. 2004. ADMINISTRATIVE PROVISIONS. 

18 Section 203 of the Higher Education Act of 1965 (20 

19 U.S.C. 1022b) is amended— 

20 (1) in subsection (a)(2), by striking ‘‘five-year 

21 period.’’ and inserting ‘‘five-year period, except such 

22 partnership may receive an additional grant during 

23 such period if such grant is used to establish a teach24 ing residency program, or a principal or other school 

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1 leader residency program, if such residency program 

2 was not established with the prior grant.’’; and 

3 (2) in subsection (b)(2)— 

4 (A) in subparagraph (A)— 

5 (i) by striking ‘‘teacher preparation 

6 program’’ and inserting ‘‘teacher education, 

7 school leader preparation, or educator devel8 opment program’’; 

9 (ii) by inserting ‘‘and demonstrated 

10 success in having a diverse set of candidates 

11 complete the program, and entering and re12 maining in the profession’’ after ‘‘such pro13 gram’’; and 

14 (iii) by striking ‘‘; and’’ at the end 

15 and inserting a semicolon; 

16 (B) by redesignating subparagraph (B) as 

17 subparagraph (C); and 

18 (C) by inserting after subparagraph (A) the 

19 following: 

20 ‘‘(B) provide a 1–year preservice clinical or 

21 residency experience that includes the integration 

22 of coursework and clinical practice and offers co23 horts of candidates the opportunity to learn to 

24 teach or lead in partner schools or teaching 

25 academies; and’’. 

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1 SEC. 2005. ACCOUNTABILITY AND EVALUATION. 

2 Section 204(a) of the Higher Education Act of 1965 

3 (20 U.S.C. 1022c(a)) is amended to read as follows: 

4 ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each el5 igible partnership submitting an application for a grant 

6 under this part shall establish, and include in such applica7 tion, an evaluation plan that includes rigorous, comprehen8 sive, and measurable performance objectives. The plan shall 

9 include objectives and measures for— 

10 ‘‘(1) achievement for all prospective and new 

11 educators as measured by the eligible partnership; 

12 ‘‘(2) after the completion of the partnership pro13 gram, educator retention at the end of year 3 and 

14 year 5; 

15 ‘‘(3) pass rates and scaled scores for initial State 

16 certification or licensure of teachers or pass rates and 

17 average scores on valid and reliable teacher perform18 ance assessments; and 

19 ‘‘(4)(A) the percentage of profession-ready teach20 ers, principals or other school leaders hired by the 

21 high-need local educational agency participating in 

22 the eligible partnership; 

23 ‘‘(B) the percentage of profession-ready teachers, 

24 principals, and other educators hired by the high-need 

25 local educational agency who are members of under26 represented groups; 

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1 ‘‘(C) the percentage of profession-ready teachers 

2 hired by the high-need local educational agency who 

3 teach high-need academic subject areas, such as read4 ing, science, technology, engineering, mathematics, 

5 computer science, and foreign language (including 

6 less commonly taught languages and critical foreign 

7 languages), or any other well-rounded education sub8 ject (as defined in section 8101 of the Elementary and 

9 Secondary Act of 1965 (20 U.S.C. 7801)); 

10 ‘‘(D) the percentage of profession-ready teachers 

11 hired by the high-need local educational agency who 

12 teach in high-need areas, including special education, 

13 bilingual education, language instruction educational 

14 programs for English language learners, and early 

15 childhood education; 

16 ‘‘(E) the percentage of profession-ready teachers, 

17 principals or other school leaders, and other educators 

18 hired by the high-need local educational agency who 

19 teach in high-need schools, disaggregated by the ele20 mentary school and secondary school levels; 

21 ‘‘(F) as applicable, the percentage of early child22 hood education program classes in the geographic 

23 area served by the eligible partnership taught by early 

24 childhood educators who are highly competent as a re25 sult of participation in the partnership program; 

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1 ‘‘(G) as applicable, the percentage of educators 

2 who have completed the partnership program able 

3 to— 

4 ‘‘(i) integrate technology effectively into cur5 ricula and instruction, including technology con6 sistent with the principles of universal design for 

7 learning; and 

8 ‘‘(ii) use technology effectively to collect, 

9 manage, and analyze data to improve teaching 

10 and learning for the purpose of improving stu11 dent learning outcomes; and 

12 ‘‘(H) as applicable, the percentage of educators 

13 who have completed the partnership program taking 

14 school leadership positions who, after 3 years in the 

15 role, receive ratings of effective or above in State 

16 school leader evaluation and support systems (as de17 scribed in section 2014(c)(4)(B)(ii) of the Elementary 

18 and Secondary Education Act of 1965) or, if no such 

19 ratings are available, other comparable indicators of 

20 performance.’’. 

21 SEC. 2006. ACCOUNTABILITY FOR PROGRAMS THAT PRE22 PARE TEACHERS, PRINCIPALS, OR OTHER 

23 SCHOOL LEADERS. 

24 Section 205 of the Higher Education Act of 1965 (20 

25 U.S.C. 1022d) is amended— 

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1 (1) in subsection (a)— 

2 (A) by striking the subsection header and 

3 inserting the following: ‘‘INSTITUTIONAL AND

4 PROGRAM REPORT CARDS ON THE QUALITY OF

5 TEACHER AND SCHOOL LEADER PREPARATION’’; 

6 and 

7 (B) by striking paragraph (1) and inserting 

8 the following: 

9 ‘‘(1) REPORT CARD.—Each teacher preparation 

10 or school leader preparation entity approved to oper11 ate teacher preparation or school leader preparation 

12 programs in the State and that receives or enrolls stu13 dents receiving Federal assistance shall report annu14 ally to the State and the general public, in a uniform 

15 and comprehensive manner that conforms with the 

16 definitions and methods established by the Secretary, 

17 the following: 

18 ‘‘(A) PASS RATES AND SCALED SCORES.— 

19 For the most recent year for which the informa20 tion is available for each teacher or school leader 

21 preparation program offered by the teacher prep22 aration or school leader preparation entity the 

23 following: 

24 ‘‘(i) Except as provided in clause (ii), 

25 for those students who took the assessments 

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1 used for teacher or school leader certifi2 cation or licensure by the State in which 

3 the entity is located and are enrolled in the 

4 teacher or school leader preparation pro5 gram, and for those who have taken such as6 sessments and have completed the teacher or 

7 school preparation program during the 2- 

8 year period preceding such year, for each of 

9 such assessments— 

10 ‘‘(I) the percentages of students 

11 enrolled in the preparation program, 

12 and those who have completed such 

13 program, who passed such assessment; 

14 ‘‘(II) the percentage of students 

15 who have taken such assessment who 

16 enrolled in and completed the teacher 

17 or school leader preparation program; 

18 and 

19 ‘‘(III) the average scaled score for 

20 all students who took such assessment. 

21 ‘‘(ii) In the case of an entity that re22 quires a valid and reliable teacher perform23 ance assessment in order to complete the 

24 preparation program, the entity may sub25 mit in lieu of the information described in 

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1 clause (i) the pass rate and average score of 

2 students taking the teacher performance as3 sessment. 

4 ‘‘(B) ENTITY INFORMATION.—A description 

5 of the following: 

6 ‘‘(i) The median grade point average 

7 and range of grade point averages for ad8 mitted students. 

9 ‘‘(ii) The number of students in the en10 tity, disaggregated by race, ethnicity, and 

11 gender, except that such disaggregation shall 

12 not be required in a case in which the result 

13 would reveal personally identifiable infor14 mation about an individual student. 

15 ‘‘(iii) The number of hours and types 

16 of supervised clinical preparation required 

17 for each program. 

18 ‘‘(iv) The total number and percentage 

19 of students who have completed programs 

20 for certification or licensure disaggregated 

21 by subject area and by race, ethnicity, gen22 der, income status, and language diversity 

23 (graduates who have bilingual or dual lan24 guage immersion endorsements), except that 

25 such disaggregation shall not be required in 

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1 a case in which the result would reveal per2 sonally identifiable information about an 

3 individual student. 

4 ‘‘(v) The percentage and total number 

5 of program completers who have been cer6 tified or licensed as teachers or school lead7 ers (disaggregated by subject area of certifi8 cation or licensure and by race, ethnicity, 

9 and gender, except that such disaggregation 

10 shall not be required in a case in which the 

11 number of students in a category is insuffi12 cient to yield statistically reliable informa13 tion or the results would reveal personally 

14 identifiable information about an indi15 vidual student). 

16 ‘‘(vi) The 3- and 5-year teacher or 

17 school leader retention rates, including, at a 

18 minimum, in the same school and local edu19 cational agency, and within the profession 

20 (disaggregated by race, ethnicity, and gen21 der, except that such disaggregation shall 

22 not be required in a case in which the num23 ber of students in a category is insufficient 

24 to yield statistically reliable information or 

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1 able information about an individual stu2 dent). 

3 ‘‘(C) ACCREDITATION.—Whether the pro4 gram or entity is accredited by a specialized ac5 crediting agency recognized by the Secretary for 

6 accreditation of professional teacher or school 

7 leader education programs. 

8 ‘‘(D) DESIGNATION AS LOW-PERFORMING.— 

9 Which programs (if any) offered by the entity 

10 have been designated as low-performing by the 

11 State under section 207(a).’’; 

12 (2) in subsection (b)— 

13 (A) in paragraph (1)— 

14 (i) in subparagraph (A)— 

15 (I) by inserting ‘‘and school lead16 er’’ after ‘‘teacher’’; and 

17 (II) by inserting ‘‘, including 

18 teacher performance assessments’’ after 

19 ‘‘the State’’; 

20 (ii) by amending subparagraph (D) to 

21 read as follows: 

22 ‘‘(D)(i) Except as provided in clause (ii), 

23 for each of the assessments used by the State for 

24 teacher or school leader certification or licensure, 

25 disaggregated by subject area, race, ethnicity, 

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1 and gender, except that such disaggregation shall 

2 not be required in a case in which the result 

3 would reveal personally identifiable information 

4 about an individual student— 

5 ‘‘(I) for each entity located in the 

6 State, the percentage of students at each en7 tity who have completed 100 percent of the 

8 nonclinical coursework and taken the assess9 ment who pass such assessment; 

10 ‘‘(II) the percentage of all such stu11 dents in all such programs and entities who 

12 have taken the assessment who pass such as13 sessment; 

14 ‘‘(III) the percentage of students who 

15 have taken the assessment and who enrolled 

16 in and completed a teacher or school leader 

17 preparation program; and 

18 ‘‘(IV) the average scaled score of indi19 viduals participating in such a program, or 

20 who have completed such a program during 

21 the 2-year period preceding the first year 

22 for which the annual State report card is 

23 provided, who took each such assessment. 

24 ‘‘(ii) In the case of a State that has imple25 mented a valid and reliable teacher performance 

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1 assessment, the State may submit in lieu of the 

2 information described in clause (i) the pass rate 

3 and average score of students taking the teacher 

4 performance assessment, disaggregated by subject 

5 area, race, ethnicity, and gender, except that 

6 such disaggregation shall not be required in a 

7 case in which the result would reveal personally 

8 identifiable information about an individual stu9 dent.’’; 

10 (iii) by striking subparagraphs (G) 

11 through (L) and inserting the following: 

12 ‘‘(G) For each teacher and school leader 

13 preparation program in the State the following: 

14 ‘‘(i) The programs’ admission rate, me15 dian grade point average, and range of 

16 grade point averages for admitted students. 

17 ‘‘(ii) The number of students in the 

18 program disaggregated by race, ethnicity, 

19 and gender, except that such disaggregation 

20 shall not be required in a case in which the 

21 result would reveal personally identifiable 

22 information about an individual student. 

23 ‘‘(iii) The number of hours and types 

24 of supervised clinical preparation required. 

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1 ‘‘(iv) Whether such program has been 

2 identified as low-performing, as designated 

3 by the State under section 207(a). 

4 ‘‘(v) For each school leader preparation 

5 program in the State, the total number and 

6 percentage of program completers placed as 

7 principals who are rated as effective or 

8 above on the State school leader evaluation 

9 and support systems (as described in section 

10 2101(c)(4)(B)(2) of the Elementary and 

11 Secondary Education Act of 1965) or, if no 

12 such ratings are available, other comparable 

13 indicators of performance after three years 

14 of leading a school. 

15 ‘‘(H) For the State as a whole, and for each 

16 teacher preparation entity in the State, the num17 ber of teachers prepared, in the aggregate and re18 ported separately by the following: 

19 ‘‘(i) Area of certification or licensure. 

20 ‘‘(ii) Route of certification (traditional 

21 versus alternative). 

22 ‘‘(iii) Academic major. 

23 ‘‘(iv) Degree type (baccalaureate, post24 baccalaureate, and master’s degrees). 

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1 ‘‘(v) Subject area for which the teacher 

2 has been prepared to teach. 

3 ‘‘(vi) The relationship of the subject 

4 area and grade span of teachers graduated 

5 by the teacher preparation entity to identi6 fied teacher shortage areas of the State. 

7 ‘‘(vii) The percentage of teachers grad8 uated teaching in high-need schools. 

9 ‘‘(viii) Placement in a teaching or 

10 school leadership position within 6 months 

11 of program completion. 

12 ‘‘(ix) Rates of 3- and 5-year teacher or 

13 school leadership retention including, at a 

14 minimum, in the same school and local edu15 cational agency, and within the profes16 sion.’’; and 

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

18 ‘‘(3) NO REQUIREMENT FOR REPORTING ON STU19 DENTS NOT WORKING IN THE STATE.—Nothing in this 

20 section shall require a State to report data on pro21 gram completers who do not work as teachers, prin22 cipals, or school leaders in such State.’’; and 

23 (3) in subsection (d)(2), by adding at the end the 

24 following: 

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1 ‘‘(D) The relationship of the subject area 

2 and grade span of teachers graduated by teacher 

3 preparation entities across the States to identi4 fied teacher shortage areas. 

5 ‘‘(E) The number and percentages of such 

6 graduates teaching in high-need schools.’’. 

7 SEC. 2007. TEACHER DEVELOPMENT. 

8 Section 206 of the Higher Education Act of 1965 (20 

9 U.S.C. 1022e) is amended by striking ‘‘limited English pro10 ficient’’ both places it appears and inserting ‘‘English 

11 learner’’. 

12 SEC. 2008. STATE FUNCTIONS. 

13 Section 207 of the Higher Education Act of 1965 (20 

14 U.S.C. 1022f) is amended to read as follows: 

15 ‘‘SEC. 207. STATE FUNCTIONS. 

16 ‘‘(a) STATE ASSESSMENT.— 

17 ‘‘(1) IN GENERAL.—In order to receive funds 

18 under this Act or under title II of the Elementary 

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

20 6601 et seq.), a State shall conduct an assessment to 

21 identify at-risk and low-performing teacher and 

22 school leader preparation programs in the State and 

23 to assist such programs through the provision of tech24 nical assistance. 

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1 ‘‘(2) PROVISION OF LOW-PERFORMING LIST.— 

2 Each State described in paragraph (1) shall— 

3 ‘‘(A) provide the Secretary and the general 

4 public an annual list of low-performing teacher 

5 and school leader preparation programs and an 

6 identification of those programs at risk of being 

7 placed on such list, as applicable; 

8 ‘‘(B) report any teacher and school leader 

9 preparation program that has been closed and 

10 the reasons for such closure; and 

11 ‘‘(C) describe the assessment, described in 

12 paragraph (1), in the report under section 

13 205(b). 

14 ‘‘(3) DETERMINATION OF AT-RISK AND LOW-PER15 FORMING PROGRAMS.—The levels of performance and 

16 the criteria for meeting those levels for purposes of the 

17 assessment under paragraph (1) shall be determined 

18 by the State in consultation with a representative 

19 group of community stakeholders, including, at a 

20 minimum, representatives of leaders and faculty of 

21 traditional and alternative route teacher and school 

22 leader preparation programs, prekindergarten 

23 through 12th grade leaders and instructional staff, 

24 current teacher and school leader candidates partici25 pating in traditional and alternative route teacher or 

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1 school leader preparation programs, the State’s stand2 ards board or other appropriate standards body, and 

3 other stakeholders identified by the State. In making 

4 such determination, the State shall consider multiple 

5 measures and the information reported by teacher 

6 preparation entities under section 205. 

7 ‘‘(b) REPORTING AND IMPROVEMENT.—In order to re8 ceive funds under this Act or under title II of the Elemen9 tary and Secondary Education Act of 1965 (20 U.S.C. 6601 

10 et seq.), a State shall— 

11 ‘‘(1) report to the Secretary and the general pub12 lic any programs described in subsection (a); 

13 ‘‘(2) establish a period of improvement and rede14 sign (as established by the State) for programs identi15 fied as at-risk under subsection (a); 

16 ‘‘(3) provide programs identified as at-risk 

17 under subsection (a) with technical assistance for a 

18 period of not longer than 3 years; 

19 ‘‘(4) identify at-risk programs as low-performing 

20 if there is not sufficient improvement following the 

21 period of technical assistance provided by the State; 

22 and 

23 ‘‘(5) subject low-performing programs to the pro24 visions described in subsection (c) (as determined by 

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1 the State) not later than 1 year after the date of such 

2 identification as a low-performing program. 

3 ‘‘(c) TERMINATION OF ELIGIBILITY.—Any teacher or 

4 school leader preparation program that is projected to 

5 close— 

6 ‘‘(1) shall be ineligible for any funding for pro7 fessional development activities awarded by the De8 partment; 

9 ‘‘(2) may not be permitted to provide new 

10 awards under subpart 9 of part A of title IV; and 

11 ‘‘(3) shall provide transitional support, includ12 ing remedial services if necessary, for students en13 rolled in the program in the year prior to such clo14 sure. 

15 ‘‘(d) NEGOTIATED RULEMAKING.—If the Secretary de16 velops any regulations implementing subsection (c)(2), the 

17 Secretary shall submit such proposed regulations to a nego18 tiated rulemaking process, which shall include representa19 tives of States, institutions of higher education, and edu20 cational and student organizations. 

21 ‘‘(e) APPLICATION OF REQUIREMENTS.—The require22 ments of this section shall apply to both traditional teacher 

23 preparation programs and alternative routes to State cer24 tification and licensure programs.’’. 

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1 SEC. 2009. GENERAL PROVISIONS. 

2 Section 208(a) of the Higher Education Act of 1965 

3 (20 U.S.C. 1022g(a)) is amended by striking ‘‘sections 205 

4 and 206’’ and inserting ‘‘section 205’’. 

5 SEC. 2010. ELEVATION OF THE EDUCATION PROFESSION 

6 STUDY. 

7 Part A of title II of the Higher Education Act of 1965 

8 (20 U.S.C. 1022 et seq.) is amended by inserting after sec9 tion 208 the following: 

10 ‘‘SEC. 209. ELEVATION OF THE EDUCATION PROFESSION 

11 STUDY. 

12 ‘‘(a) PURPOSE.—The purpose of this section is to au13 thorize a feasibility study on the elevation of the education 

14 profession by examining State policies related to teacher 

15 and school leader education and certification, produce a 

16 comprehensive set of expectations that sets a high bar for 

17 entry into the profession and ensures that all entering 

18 teachers and school leaders are profession-ready, and de19 velop recommendations to Congress on best practices with 

20 respect to elevating the education profession that are evi21 dence-based, reliable, and verified by the field. 

22 ‘‘(b) ESTABLISHMENT.— 

23 ‘‘(1) IN GENERAL.—The Secretary of Education 

24 shall establish an Advisory Committee to carry out 

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1 scribed in subsection (c) and make recommendations 

2 to Congress on the findings. 

3 ‘‘(2) MEMBERSHIP OF THE ADVISORY COM4 MITTEE.—The Advisory Committee shall include rep5 resentatives or advocates from the following categories: 

6 ‘‘(A) Teacher unions. 

7 ‘‘(B) School leader organizations. 

8 ‘‘(C) State and local chief executives or their 

9 representatives. 

10 ‘‘(D) State educational agencies and local 

11 educational agencies. 

12 ‘‘(E) Teacher and school leader advocacy or13 ganizations. 

14 ‘‘(F) School administrator organizations. 

15 ‘‘(G) Institutions of higher education, in16 cluding colleges of teacher education. 

17 ‘‘(H) Civil rights organizations. 

18 ‘‘(I) Organizations representing students 

19 with disabilities. 

20 ‘‘(J) Organizations representing English 

21 learners. 

22 ‘‘(K) Nonprofit organizations representing 

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1 tions, and arts and humanities educator organi2 zations. 

3 ‘‘(L) Professional development organiza4 tions. 

5 ‘‘(M) Educational technology organizations. 

6 ‘‘(N) Nonprofit research organizations. 

7 ‘‘(O) Organizations representing nontradi8 tional pathways into teacher and school leader 

9 education. 

10 ‘‘(P) Organizations representing parents. 

11 ‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.— 

12 ‘‘(1) FEASIBILITY STUDY.—The Advisory Com13 mittee shall conduct a feasibility study to— 

14 ‘‘(A) assess the state of policies and prac15 tices related to teacher and school leader edu16 cation and entry into the profession including 

17 barriers to achieving certification and licensure, 

18 best practices in producing profession-ready 

19 teachers and school leaders, and recruitment and 

20 retention of teachers and school leaders in 

21 schools; 

22 ‘‘(B) compile best practices for educating 

23 and training profession-ready teachers and 

24 school leaders including evidence-based practices 

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1 port diverse learners, developing teacher and 

2 school leaders, and successful pre-service and in3 service educational activities; 

4 ‘‘(C) review certification and credentialing 

5 practices throughout the Nation including min6 imum standards in each State, differences in 

7 types of credentials, and impact of different cer8 tification processes in each State for teachers 

9 and school leaders who relocate; and 

10 ‘‘(D) recommend a comprehensive set of rig11 orous expectations for States standards to elevate 

12 the profession of teaching and to produce profes13 sion-ready teachers and school leaders prepared 

14 to educate diverse learners in inclusive edu15 cational settings. 

16 ‘‘(2) REPORTS.— 

17 ‘‘(A) Not later than 1 year after the Advi18 sory Committee’s first meeting, the Committee 

19 shall submit an interim report to the Secretary 

20 and to the authorizing committees detailing the 

21 methods of the study and progress in developing 

22 the set of comprehensive and rigorous expecta23 tions. 

24 ‘‘(B) Not later than 3 years after the Advi25 sory Committee’s first meeting, the Committee 

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1 shall submit a final report to the Secretary and 

2 to the authorizing committees detailing the find3 ings, recommendations, and suggested set of com4 prehensive and rigorous expectations. 

5 ‘‘(3) DISSEMINATION OF INFORMATION.—In car6 rying out the study under paragraph (1), the Sec7 retary shall, after the release of the study, disseminate 

8 information found in the study in an accessible for9 mat to all stakeholders. 

10 ‘‘(4) DATABASE.—Not later than 180 days after 

11 the date of the enactment of this subsection, the Sec12 retary shall produce an electronically accessible clear13 inghouse of State certification procedures and best 

14 State practices for producing and retaining profes15 sion-ready teachers and school leaders.’’. 

16 SEC. 2011. AUTHORIZATION OF APPROPRIATIONS. 

17 Part A of title II of the Higher Education Act of 1965 

18 (20 U.S.C. 1022 et seq.) is amended— 

19 (1) by redesignating section 209 as section 210; 

20 and 

21 (2) in section 210, as so redesignated— 

22 (A) by striking ‘‘$300,000,000’’ and insert23 ing ‘‘$500,000,000’’; 

24 (B) by striking ‘‘2009’’ and inserting 

25 ‘‘2019’’; and 

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1 (C) by striking ‘‘two succeeding’’ and in2 serting ‘‘5 succeeding’’. 

3 PART B—ENHANCING TEACHER AND SCHOOL 

4 LEADER EDUCATION 

5 SEC. 2101. ENHANCING TEACHER AND SCHOOL LEADER 

6 EDUCATION. 

7 Part B of title II of the Higher Education Act of 1965 

8 (20 U.S.C. 1031 et seq.) is amended to read as follows: 

9 ‘‘PART B—ENHANCING TEACHER AND SCHOOL 

10 LEADER EDUCATION 

11 ‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) IN GENERAL.—There are authorized to be appro13 priated to carry out this part $100,000,000 for fiscal year 

14 2020 and each of the 5 succeeding fiscal years. 

15 ‘‘(b) DISTRIBUTION OF FUNDS.—Subparts 1 through 

16 4 of this part shall each receive a minimum of 20 percent 

17 of the amount appropriated for a fiscal year, and the Sec18 retary shall have discretion over the distribution under this 

19 part of the remaining amount appropriated for such fiscal 

20 year. 

21 ‘‘Subpart 1—Honorable Augustus F. Hawkins Centers 

22 of Excellence 

23 ‘‘SEC. 231. FINDINGS. 

24 ‘‘Congress finds the following: 

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1 ‘‘(1) Our Nation’s schools are experiencing a se2 vere teacher diversity gap that negatively impacts 

3 student achievement and school culture—50 percent of 

4 current students are students of color while only 18 

5 percent of teachers are of color, according to a 2016 

6 study by the Brookings Institution. 

7 ‘‘(2) A 2016 report conducted by the Department 

8 of Education shows that teachers of color tend to pro9 vide more culturally relevant teaching and better un10 derstand the situations that students of color may 

11 face. These factors help in the development of trusting 

12 teacher-student relationships. Researchers from Van13 derbilt University also found that greater racial and 

14 ethnic diversity in the principal corps benefits stu15 dents, especially students of color. 

16 ‘‘(3) Teachers and school leaders of color can also 

17 serve as cultural ambassadors who help students feel 

18 more welcome at school or as role models. 

19 ‘‘(4) Research consistently shows that increasing 

20 diversity in the teaching profession can have positive 

21 impacts on student educational experiences and out22 comes. Students of color demonstrate greater academic 

23 achievement and social-emotional development in 

24 classes with teachers of color. Studies also suggest that 

25 all students, including white students, benefit from 

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1 having teachers of color offering their distinctive 

2 knowledge, experiences, and role modeling to the stu3 dent body as a whole. 

4 ‘‘SEC. 232. PURPOSE. 

5 ‘‘The purpose of this subpart is to strengthen and ex6 pand the recruitment, training, and retention of candidates 

7 of color into the teaching profession. 

8 ‘‘SEC. 233. ELIGIBLE INSTITUTION DEFINED. 

9 ‘‘In this subpart, the term ‘eligible institution’ means 

10 an institution of higher education that has a teacher or 

11 school leader preparation program that is a accredited by 

12 the State and that is— 

13 ‘‘(1) a part B institution (as defined in section 

14 322); 

15 ‘‘(2) a Hispanic-serving institution (as defined 

16 in section 502); 

17 ‘‘(3) a Tribal college or university (as defined in 

18 section 316); 

19 ‘‘(4) an Alaska Native-serving institution (as de20 fined in section 317(b)); 

21 ‘‘(5) a Native Hawaiian-serving institution (as 

22 defined in section 317(b)); 

23 ‘‘(6) a predominantly black institution (as de24 fined in section 318); 

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1 ‘‘(7) an Asian-American and Native American 

2 Pacific Islander-serving institution (as defined in sec3 tion 320(b)); 

4 ‘‘(8) a Native American-serving, nontribal insti5 tution (as defined in section 319); 

6 ‘‘(9) a consortium of any of the institutions de7 scribed in paragraphs (1) through (8); or 

8 ‘‘(10) an institution described in paragraphs (1) 

9 through (8), or a consortium described in paragraph 

10 (9), in partnership with any other institution of high11 er education, but only if the center of excellence estab12 lished under section 234 is located at an institution 

13 described in paragraphs (1) through (8). 

14 ‘‘SEC. 234. AUGUSTUS F. HAWKINS CENTERS OF EXCEL15 LENCE. 

16 ‘‘(a) PROGRAM AUTHORIZED.—From the amounts 

17 provided to carry out this subpart, the Secretary shall 

18 award grants, on a competitive basis, to eligible institutions 

19 to establish centers of excellence. 

20 ‘‘(b) USE OF FUNDS.—An eligible institution shall use 

21 a grant received under this subpart to ensure that programs 

22 offered at a center of excellence established by such institu23 tion prepare current and future teachers or school leaders 

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1 ments for certification obtained through alternative routes 

2 to certification, or, with regard to special education teach3 ers, the qualifications described in section 612(a)(14)(C) of 

4 the Individuals with Disabilities Education Act (20 U.S.C. 

5 1412(a)(14)(C)), by carrying out one or more of the fol6 lowing activities: 

7 ‘‘(1) Implementing reforms within teacher or 

8 school leader preparation programs to ensure that 

9 such programs are preparing teachers or school lead10 ers who meet such applicable State certification and 

11 licensure requirements or qualifications, and are 

12 using evidence-based instructional practices to im13 prove student academic achievement, by— 

14 ‘‘(A) retraining or recruiting faculty; and 

15 ‘‘(B) designing (or redesigning) teacher or 

16 school leader preparation programs that— 

17 ‘‘(i) prepare teachers or school leaders 

18 to serve in low-performing schools and close 

19 student achievement gaps; and 

20 ‘‘(ii) are based on— 

21 ‘‘(I) rigorous academic content; 

22 ‘‘(II) evidence-based research; and 

23 ‘‘(III) challenging State academic 

24 standards as described in section 

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1 ondary Education Act of 1965 (20 

2 U.S.C. 6311(b)(1)); and 

3 ‘‘(iii) promote effective teaching skills. 

4 ‘‘(2) Providing sustained and high-quality 

5 preservice clinical experience, which may include 

6 through high-quality teacher or leader residency pro7 grams, including the mentoring of prospective teach8 ers by exemplary teachers or teacher leaders, substan9 tially increasing interaction between faculty at insti10 tutions of higher education and new and experienced 

11 teachers, principals, school leaders, and other admin12 istrators at elementary schools or secondary schools, 

13 and providing support, including preparation time, 

14 for such interaction. 

15 ‘‘(3) Developing and implementing initiatives to 

16 promote retention of teachers who meet such applica17 ble State certification and licensure requirements or 

18 qualifications, and principals and other school lead19 ers, including teachers, principals, and other school 

20 leaders of color, including programs that provide— 

21 ‘‘(A) teacher or principal and other school 

22 leader mentoring; and 

23 ‘‘(B) induction and support for teachers 

24 and principals and other school leaders during 

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1 their first three years of employment as teachers, 

2 principals, or other school leaders, respectively. 

3 ‘‘(4) Awarding scholarships based on financial 

4 need to help students pay the costs of tuition, room, 

5 board, and other expenses of completing a teacher or 

6 other school leader preparation program at the Center 

7 of Excellence, not to exceed the cost of attendance as 

8 defined in section 472. 

9 ‘‘(5) Disseminating information on effective 

10 practices for teacher or other school leader prepara11 tion and successful teacher or other school leader cer12 tification and licensure assessment preparation strat13 egies. 

14 ‘‘(6) Activities authorized under section 202. 

15 ‘‘(c) APPLICATION.—Any eligible institution desiring 

16 a grant under this subpart shall submit an application to 

17 the Secretary at such time, in such manner, and accom18 panied by such information as the Secretary may require. 

19 ‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.— 

20 An eligible institution that receives a grant under this sub21 part may use not more than 2 percent of the funds provided 

22 to administer the grant. 

23 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

24 such regulations as may be necessary to carry out this sub25 part. 

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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, be8 havior management skills, and cultural competencies 

9 of teacher candidates prepares them to effectively 

10 teach students from diverse backgrounds and increases 

11 the likelihood they will remain in the profession; and 

12 ‘‘(3) teachers who hold dual certification and re13 ceive training in social and emotional learning com14 petencies and nonexclusionary, positive behavior 

15 management practices are better prepared to create a 

16 supportive school climate and meet the needs of all 

17 students, including English learners, racially diverse 

18 students, students with disabilities, low-income stu19 dents, and students who have experienced trauma. 

20 ‘‘(b) PURPOSE.—The purpose of this subpart is to— 

21 ‘‘(1) strengthen and expand teacher preparation 

22 programs that embed dual certification for teacher 

23 candidates in special education; and 

24 ‘‘(2) strengthen and expand teacher preparation 

25 programs that embed training on inclusive practices, 

26 culturally responsive teaching, social and emotional 

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1 learning competencies, universal design for learning, 

2 and nonexclusionary, positive behavior management 

3 practices to teacher candidates. 

4 ‘‘(c) AUTHORIZATION OF PROGRAM.— 

5 ‘‘(1) IN GENERAL.—From the amounts provided 

6 to carry out this subpart, the Secretary shall award 

7 grants, on a competitive basis, to eligible partnerships 

8 to improve the preparation of general education 

9 teacher candidates to ensure that such teacher can10 didates possess the knowledge, skills, and credentials 

11 necessary to effectively instruct students with disabil12 ities in general education classrooms, and an under13 standing of positive behavior-management practices 

14 that reduce the use of exclusionary and aversive dis15 ciplinary practices and create a supportive school cli16 mate. 

17 ‘‘(2) DURATION OF GRANTS.—A grant under this 

18 subpart shall be awarded for a period of not more 

19 than 5 years. 

20 ‘‘(3) NON-FEDERAL SHARE.—An eligible partner21 ship that receives a grant under this subpart shall 

22 provide not less than 25 percent of the cost of the ac23 tivities carried out with such grant from non-Federal 

24 sources, which may be provided in cash or in-kind. 

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1 ‘‘(d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In 

2 this section, the term ‘eligible partnership’ means a partner3 ship that— 

4 ‘‘(1) shall include— 

5 ‘‘(A) one or more departments or programs 

6 at an institution of higher education— 

7 ‘‘(i) that prepare elementary or sec8 ondary general education teachers; 

9 ‘‘(ii) that have a program of study that 

10 leads to an undergraduate degree, a mas11 ter’s degree, or completion of a 

12 postbaccalaureate program required for 

13 teacher certification; and 

14 ‘‘(iii) the profession-ready graduates of 

15 which meet the applicable State certifi16 cation and licensure requirements, includ17 ing any requirements for certification ob18 tained through alternative routes to certifi19 cation, or, with regard to special education 

20 teachers, the qualifications described in sec21 tion 612(a)(14)(C) of the Individuals with 

22 Disabilities Education Act (20 U.S.C. 

23 1412(a)(14)(C)); 

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1 ‘‘(B) a department or program that has ex2 pertise in special education at an institution of 

3 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 receives 

14 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 teacher 

18 preparation program by integrating special edu19 cation pedagogy into the general education cur20 riculum 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 teacher 

25 preparation program by embedding social and 

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1 emotional learning strategies, inclusive practices, 

2 culturally responsive teaching, and nonexclu3 sionary, positive behavior-management practices 

4 into the general education curriculum and aca5 demic 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 ac20 commodations for instruction and assess21 ments 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 and 

2 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 sup15 port; 

16 ‘‘(iii) trauma-informed care; 

17 ‘‘(iv) evidenced-based restorative justice 

18 practices; and 

19 ‘‘(v) culturally responsive teaching and 

20 anti-bias training that is evidence-based; 

21 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 eligible 

5 partnership seeking a grant under this section shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and containing such information as 

8 the Secretary may require. Such application shall in9 clude— 

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 personnel 

17 needs for general education teachers who instruct 

18 students with disabilities, performed by the high19 need local educational agency described in sub20 section (d)(1)(C). 

21 ‘‘(2) PEER REVIEW.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 convene a peer review committee to review appli24 cations for grants under this subpart and to 

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1 ing the selection of eligible partnerships for such 

2 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 general 

7 education and shall not be in a position to ben8 efit financially from any grants awarded under 

9 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 partnership 

17 receiving a grant under this subpart shall con18 duct an evaluation at the end of the grant period 

19 to determine— 

20 ‘‘(i) the effectiveness of the general edu21 cation teachers who completed a program 

22 under subsection (c)(1) with respect to in23 struction of students with disabilities in 

24 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 teachers 

5 for instruction in elementary schools and 

6 secondary schools. 

7 ‘‘(B) REPORT TO THE SECRETARY.—Each 

8 eligible partnership performing an evaluation 

9 under subparagraph (A) shall report the findings 

10 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 of 

16 the evaluations submitted under paragraph (1), and 

17 information on best practices related to effective in18 struction of students with disabilities in general edu19 cation 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 knowledge 

2 and skills necessary to effectively instruct English learners. 

3 ‘‘(b) DURATION OF GRANTS.—A grant under this sec4 tion shall be awarded for a period of not more than 5 years. 

5 ‘‘(c) NON-FEDERAL SHARE.—An eligible partnership 

6 that receives a grant under this section shall provide not 

7 less than 25 percent of the cost of the activities carried out 

8 with such grant from non-Federal sources, which may be 

9 provided in cash or in kind. 

10 ‘‘(d) ELIGIBLE PARTNERSHIP.—The term ‘eligible 

11 partnership’ means an eligible institution of higher edu12 cation in partnership with a high-need local educational 

13 agency or a high-need early childhood education program. 

14 ‘‘(e) USES OF FUNDS.—An eligible partnership that 

15 receives a grant under this section shall use the grant to— 

16 ‘‘(1) develop or strengthen an undergraduate, 

17 postbaccalaureate, or master’s teacher preparation 

18 program by integrating strategies for teaching 

19 English learners into the education curriculum and 

20 academic content; 

21 ‘‘(2) provide teacher candidates participating in 

22 a program under paragraph (1) with skills related 

23 to— 

24 ‘‘(A) helping English learners— 

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1 ‘‘(i) achieve at high levels in prekinder2 garten programs, and elementary schools 

3 and secondary schools so that such English 

4 learners can meet the challenging State aca5 demic standards adopted under section 

6 1111(b)(1) of the Elementary and Sec7 ondary Education Act of 1965 (20 U.S.C. 

8 6311(b)(1)) by the State of the school at9 tended by the English learners, which all 

10 children in the State are expected to meet; 

11 and 

12 ‘‘(ii) attain English proficiency; 

13 ‘‘(B) appropriately identifying and meeting 

14 the specific learning needs of children with dis15 abilities who are English learners; 

16 ‘‘(C) appropriately using universal design 

17 for learning; 

18 ‘‘(D) recognizing and addressing the social 

19 and emotional needs of English learners; and 

20 ‘‘(E) promoting parental, family, and com21 munity engagement in educational programs 

22 that serve English learners; 

23 ‘‘(3) provide authentic clinical learning opportu24 nities for teacher candidates participating in the pro25 gram involving sustained interactions with teachers 

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1 and English learners at public prekindergarten pro2 grams, or elementary schools or secondary schools, to 

3 the extent practicable, or simulated environments at 

4 the eligible institution of higher education involved, 

5 that foster in-depth, first-hand engagement with tasks 

6 required of a teacher providing instruction to English 

7 learners; and 

8 ‘‘(4) provide teacher candidates with the required 

9 coursework to qualify for an English-as-a-second-lan10 guage certification, endorsement, or initial teaching 

11 credential, as recognized by the State of the eligible 

12 partnership. 

13 ‘‘(f) APPLICATION.—An eligible partnership seeking a 

14 grant under this section shall submit an application to the 

15 Secretary at such time, in such manner, and containing 

16 such information as the Secretary may require. Such appli17 cation shall include— 

18 ‘‘(1) a self-assessment by the eligible partnership 

19 of the existing teacher preparation program at the in20 stitution of higher education and the needs related to 

21 preparing teacher candidates to instruct English 

22 learners in the manner described in subsection (d)(2); 

23 and 

24 ‘‘(2) a self-assessment by the eligible partnership 

25 of the personnel needs for teachers who instruct 

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1 English learners at local, public prekindergarten pro2 grams, and elementary schools and secondary schools. 

3 ‘‘(g) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 

4 awarding grants under this section, the Secretary shall, to 

5 the maximum extent possible, provide for an equitable geo6 graphic distribution of such grants. 

7 ‘‘(h) EVALUATIONS.— 

8 ‘‘(1) REPORT FROM ELIGIBLE PARTNERSHIPS.— 

9 An eligible partnership receiving a grant under this 

10 section shall submit to the Secretary the results of an 

11 evaluation conducted by the partnership at the end of 

12 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 later 

22 than 180 days after the last day of the grant period 

23 under this section, the Secretary shall make available 

24 to the authorizing committees and the public— 

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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 FACULTY 

8 IN HIGH-NEED AREAS AT COLLEGES OF EDU9 CATION. 

10 ‘‘(a) GRANTS BY SECRETARY.—From the amounts pro11 vided to carry out this subpart, the Secretary shall award 

12 grants, on a competitive basis, to eligible institutions to en13 able such institutions to make graduate fellowship awards 

14 to qualified individuals in accordance with the provisions 

15 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 grant 

4 funds to provide graduate fellowships to individuals 

5 who are preparing for the professorate in order to 

6 prepare individuals to become elementary school and 

7 secondary school science, technology, engineering, and 

8 math teachers, special education teachers, and teach9 ers who provide instruction for English-learners, who 

10 meet the applicable State certification and licensure 

11 requirements, including any requirements for certifi12 cation obtained through alternative routes to certifi13 cation, or, with regard to special education teachers, 

14 the qualifications described in section 612(a)(14)(C) 

15 of the Individuals with Disabilities Education Act 

16 (20 U.S.C. 1412(a)(14)(C)). 

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 master’s 

21 degree as part of such study, related to teacher prepa22 ration and pedagogy in one of the following areas: 

23 ‘‘(A) Science, technology, engineering, math24 ematics, and computer science, and their related 

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1 ter’s degree in mathematics, engineering, science, 

2 or computer science and is pursuing a doctoral 

3 degree in mathematics, science, engineering, or 

4 education. 

5 ‘‘(B) Special education. 

6 ‘‘(C) The instruction of English-learners, 

7 including postbaccalaureate study in language 

8 instruction educational programs. 

9 ‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.— 

10 ‘‘(1) SELECTION OF FELLOWS.—The Secretary 

11 shall ensure that an eligible institution that receives 

12 a grant under this subpart— 

13 ‘‘(A) shall provide graduate fellowship 

14 awards to individuals who plan to pursue a ca15 reer in instruction at an institution of higher 

16 education that has a teacher preparation pro17 gram; and 

18 ‘‘(B) may not provide a graduate fellowship 

19 to an otherwise eligible individual— 

20 ‘‘(i) during periods in which such in21 dividual is enrolled at an institution of 

22 higher education unless such individual is 

23 maintaining satisfactory academic progress 

24 in, and devoting full-time study or research 

234 

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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, or 

6 a similar activity determined by the insti7 tution to be consistent with and supportive 

8 of the individual’s progress toward the de9 gree for which the fellowship support was 

10 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 stipend 

17 provided under this subpart shall be in an 

18 amount equal to the level of support provided by 

19 the National Science Foundation graduate fel20 lowships, except that such stipend shall be ad21 justed as necessary so as not to exceed the fellow22 ship recipient’s demonstrated need, as deter23 mined 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, within 

14 3 years of receiving a doctoral degree, begin em15 ployment at an institution of higher education 

16 that has a teacher preparation program, as re17 quired by this section. 

18 ‘‘(C) AGREEMENT REQUIRED.—Prior to re19 ceiving an initial graduate fellowship award, 

20 and upon the annual renewal of the graduate fel21 lowship award, an individual selected to receive 

22 a graduate fellowship under this section shall 

23 sign an agreement with the Secretary agreeing to 

24 pursue a career in instruction at an institution 

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1 tion program in accordance with subparagraph 

2 (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 agree6 ment signed pursuant to subparagraph (C), the 

7 sum of the amounts of any graduate fellowship 

8 award received by such recipient shall, upon a 

9 determination of such a failure, be treated as a 

10 Federal Direct Unsubsidized Stafford Loan 

11 under part D of title IV, and shall be subject to 

12 repayment, together with interest thereon accru13 ing from the date of the fellowship award, in ac14 cordance with terms and conditions specified by 

15 the Secretary in regulations under this subpart. 

16 ‘‘(E) MODIFIED SERVICE REQUIREMENT.— 

17 The Secretary may waive or modify the service 

18 requirement of this paragraph in accordance 

19 with regulations promulgated by the Secretary 

20 with respect to the criteria to determine the cir21 cumstances under which compliance with such 

22 service requirement is inequitable or represents a 

23 substantial hardship. The Secretary may waive 

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1 lowship recipient is determined to be inequitable 

2 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 presented 

7 to the Secretary of substantial economic or 

8 personal hardship. 

9 ‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eli10 gible institution that receives a grant under this section 

11 may reserve not more than ten percent of the grant amount 

12 for academic and career transition support for graduate fel13 lowship recipients and for meeting the institutional obliga14 tion described in subsection (e)(3)(B). 

15 ‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible in16 stitution that receives a grant under this section may not 

17 use grant funds for general operational overhead of the in18 stitution. 

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 dem24 onstrate in the application for such a grant a plan to— 

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1 ‘‘(1) increase the diversity in the educator work2 force through— 

3 ‘‘(A) recruiting, enrolling, and preparing 

4 diverse teacher candidates; and 

5 ‘‘(B) efforts that help retain diverse teacher 

6 candidates in high-needs schools; 

7 ‘‘(2) address the shortage of teachers in high8 needs fields including science, technology, engineering, 

9 arts, mathematics, or computer science through— 

10 ‘‘(A) recruiting, enrolling, and preparing 

11 teacher candidates to achieve certification, as re12 quired by the State, to offer instruction in high13 needs fields, including science, technology, engi14 neering, music, arts, mathematics, or computer 

15 science; and 

16 ‘‘(B) efforts that help retain teachers of 

17 high-needs fields in high-needs schools; 

18 ‘‘(3) expand the pipeline of school leaders 

19 through preparing teacher leaders, which may be 

20 achieved by efforts that may include— 

21 ‘‘(A) embedding pedagogical coursework for 

22 teacher candidates that fosters— 

23 ‘‘(i) leadership and advocacy skills; 

24 ‘‘(ii) knowledge of school management 

25 and finance; 

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1 ‘‘(iii) school operations and business 

2 skills; 

3 ‘‘(iv) effective use and management of 

4 educational and accessible technology; 

5 ‘‘(v) strategies for community and 

6 family engagement; and 

7 ‘‘(vi) mentorship and coaching strate8 gies; and 

9 ‘‘(B) providing opportunities for teacher 

10 candidates to receive— 

11 ‘‘(i) exposure to and modeling from 

12 teacher leaders and school leaders; and 

13 ‘‘(ii) ongoing support and continu14 ation of professional development on teacher 

15 or other school leadership once exiting the 

16 teacher or other school leader preparation 

17 program; and 

18 ‘‘(4) recruit candidates with significant cultural 

19 and community competency related to the demo20 graphics of the student body in which the candidate 

21 will receive a placement, as measured by standards, 

22 specified in the plan, which may include— 

23 ‘‘(A) a candidate’s prior record of commu24 nity service with school-aged children in the 

25 community; 

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1 ‘‘(B) nominations from members of the com2 munity; and 

3 ‘‘(C) a candidate’s involvement in relevant 

4 community organizations.’’. 

5 TITLE III—INSTITUTIONAL AID 

6 SEC. 3001. STRENGTHENING INSTITUTIONS. 

7 Section 311(c) of the Higher Education Act of 1965 

8 (20 U.S.C. 1057(c)) is amended— 

9 (1) by striking paragraph (6) and inserting the 

10 following: 

11 ‘‘(6) Tutoring, counseling, advising, and student 

12 service programs designed to improve academic suc13 cess, including innovative and customized instruc14 tional courses (which may include remedial education 

15 and English language instruction) designed to help 

16 retain students and move the students rapidly into 

17 core courses and through program completion.’’; 

18 (2) in paragraph (8), by striking ‘‘acquisition of 

19 equipment for use in strengthening funds manage20 ment’’ and inserting ‘‘acquisition of technology, serv21 ices, and equipment for use in strengthening funds 

22 and administrative management’’; 

23 (3) in paragraph (12), by striking ‘‘Creating’’ 

24 and all that follows through ‘‘technologies,’’ and in25 serting ‘‘Innovative learning models and creating or 

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1 improving facilities for Internet or other innovative 

2 technologies,’’; 

3 (4) by redesignating paragraph (13) as para4 graph (17); and 

5 (5) by inserting after paragraph (12) the fol6 lowing: 

7 ‘‘(13) Establishing community outreach pro8 grams that will encourage elementary school and sec9 ondary school students to develop the academic skills 

10 and the interest to pursue postsecondary education. 

11 ‘‘(14) The development, coordination, implemen12 tation, or improvement of postsecondary career and 

13 technical education programs as defined in section 

14 135 of the Carl D. Perkins Career and Technical 

15 Education Act of 2006 (20 U.S.C. 2355). 

16 ‘‘(15) Alignment and integration of career and 

17 technical education programs with programs of study, 

18 as defined in section 3(41) of the Carl D. Perkins Ca19 reer and Technical Education Act (20 U.S.C. 

20 2302(41)), leading to a bachelor’s degree, graduate de21 gree, or professional degree. 

22 ‘‘(16) Developing or expanding access to dual or 

23 concurrent enrollment programs and early college 

24 high school programs.’’. 

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1 SEC. 3002. STRENGTHENING INSTITUTIONS. 

2 (a) PROGRAM PURPOSE.—Section 311(d) of the High3 er Education Act of 1965 (20 U.S.C. 1057(d)) is amended— 

4 (1) in paragraph (2)— 

5 (A) by striking ‘‘non-Federal sources’’ and 

6 inserting ‘‘non-Federal sources (which may in7 clude gifts to the endowment fund restricted for 

8 a specific purpose)’’; and 

9 (B) by striking ‘‘or greater than’’ and in10 serting ‘‘50 percent of’’; and 

11 (2) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) SCHOLARSHIP.—An eligible institution that 

14 uses grant funds provided under this section to estab15 lish or increase an endowment fund may use the in16 terest proceeds from such endowment to provide schol17 arships to students for the purposes of attending such 

18 institution.’’. 

19 (b) TRIBALLY CONTROLLED COLLEGES AND UNIVER20 SITIES.—Section 316(c) of the Higher Education Act of 

21 1965 (20 U.S.C. 1059c(c)) is amended— 

22 (1) in paragraph (2)— 

23 (A) in subparagraph (D), by striking ‘‘Indi24 ans’’ and all that follows through ‘‘policy’’ and 

25 inserting ‘‘American Indians and Alaska Natives 

26 are underrepresented, instruction in Native 

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1 American language, and instruction to support 

2 tribal governance, tribal public policy, and trib3 al history and sovereignty’’ and 

4 (B) in subparagraph (L) by striking ‘‘out5 reach’’ and all that follows through ‘‘education’’ 

6 and inserting ‘‘outreach and recruitment activi7 ties and programs that encourage American In8 dian and Alaska Native elementary school stu9 dents, secondary school students, and adults to 

10 develop the academic skills and the interest to 

11 pursue and succeed in postsecondary education’’; 

12 and 

13 (2) in paragraph (3)— 

14 (A) in subparagraph (B)— 

15 (i) by striking ‘‘matching funds’’ and 

16 inserting ‘‘matching funds (which may in17 clude gifts to the endowment fund restricted 

18 for a specific purpose)’’; and 

19 (ii) by striking ‘‘equal to the Federal 

20 funds’’ and inserting ‘‘equal to 50 percent of 

21 the Federal funds’’; and 

22 (B) by inserting after subparagraph (C) the 

23 following: 

24 ‘‘(D) SCHOLARSHIPS.—An eligible institu25 tion that uses grant funds provided under this 

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1 section to establish or increase an endowment 

2 fund may use the interest proceeds from such en3 dowment to provide scholarships to students for 

4 the purposes of attending such institution.’’. 

5 (c) ELIMINATION OF PRE-APPROVAL REQUIREMENT; 

6 USE OF UNEXPENDED FUNDS.—Section 316(d) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1059c(d)) is 

8 amended— 

9 (1) by striking paragraph (1); 

10 (2) by redesignating paragraphs (2) through (4) 

11 as paragraphs (1) through (3), respectively; and 

12 (3) in paragraph (2), as so redesignated, by add13 ing at the end the following: 

14 ‘‘(C) USE OF UNEXPENDED FUNDS.—Any 

15 funds paid to an institution and not expended or 

16 used for the purposes for which the funds were 

17 paid during the 5-year period following the date 

18 of the initial grant award, may be carried over 

19 and expended during the succeeding 5-year pe20 riod, if such funds were obligated for a purpose 

21 for which the funds were paid during the 5-year 

22 period following the date of the initial grant 

23 award.’’. 

24 (d) PROMOTING THE SUSTAINABILITY OF NATIVE

25 AMERICAN LANGUAGES.—Part A of title III of the Higher 

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1 Education Act of 1965 (20 U.S.C. 1057 et seq.) is further 

2 amended by inserting after section 316 (20 U.S.C. 1059c) 

3 the following: 

4 ‘‘SEC. 316A. NATIVE AMERICAN LANGUAGE VITALIZATION 

5 AND TRAINING PROGRAM. 

6 ‘‘(a) ESTABLISHMENT.— 

7 ‘‘(1) IN GENERAL.—From the amount appro8 priated under subsection (d), the Secretary shall es9 tablish the Native American Language Vitalization 

10 and Training Program under which the Secretary 

11 shall award grants, on a competitive basis, to eligible 

12 institutions to promote the preservation, revitaliza13 tion, relevancy, and use of Native American lan14 guages. 

15 ‘‘(2) TERM.—The term of a grant under this sec16 tion shall be not more than 5 years. 

17 ‘‘(3) APPLICATION.— 

18 ‘‘(A) STREAMLINED PROCESS.—In carrying 

19 out the program under this section, the Secretary 

20 shall establish application requirements in such 

21 a manner as to simplify and streamline the 

22 process for the grant application under this sec23 tion. 

24 ‘‘(B) IN GENERAL.—To be eligible to receive 

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1 tion shall submit to the Secretary an application 

2 at such time, in such manner, and in accordance 

3 with any other application requirements de4 scribed in subparagraph (A), that the Secretary 

5 may prescribe, and including the following: 

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 be 

24 provided under the program, including the 

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1 grated with other appropriate language pro2 grams available in the relevant community. 

3 ‘‘(iv) A description, to be prepared in 

4 consultation with the Secretary, of the per5 formance measures to be used to assess the 

6 performance of the eligible institution in 

7 carrying out the program. 

8 ‘‘(b) USE OF FUNDS.—An eligible institution may use 

9 a grant under this section to carry out activities consistent 

10 with the purposes described in subsection (a)(1), includ11 ing— 

12 ‘‘(1) curriculum development and academic in13 struction, including educational activities, programs, 

14 and partnerships relating to students in early child15 hood education programs through grade 12; 

16 ‘‘(2) professional development for faculty at the 

17 eligible institution and in-service training programs 

18 for early childhood education programs through grade 

19 12 instructors and administrators; and 

20 ‘‘(3) innovative Native American language pro21 grams for students in early childhood education pro22 grams through grade 12, including language immer23 sion programs. 

24 ‘‘(c) APPLICABILITY OF OTHER PROVISIONS.— 

25 ‘‘(1) CONCURRENT FUNDING.— 

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1 ‘‘(A) TRIBAL COLLEGE OR UNIVERSITY.— 

2 An eligible institution that is a Tribal College or 

3 University may, concurrently, receive a grant 

4 under this section and funds under section 316. 

5 ‘‘(B) ALASKA NATIVE-SERVING INSTITUTION

6 OR NATIVE HAWAIIAN-SERVING INSTITUTION.— 

7 An eligible institution that is an Alaska Native8 serving institution or Native Hawaiian-serving 

9 institution may, concurrently, receive a grant 

10 under this section and funds under section 317. 

11 ‘‘(C) ASIAN AMERICAN AND NATIVE AMER12 ICAN PACIFIC ISLANDER-SERVING INSTITUTION.— 

13 An eligible institution that is an Asian Amer14 ican and Native American Pacific Islander-serv15 ing institution may, concurrently, receive a 

16 grant under this section and funds under section 

17 320. 

18 ‘‘(2) EXEMPTION.—Sections 312(b) and 313(d) 

19 shall not apply to an eligible institution that receives 

20 a grant under this section. 

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to carry out this section 

23 $20,000,000 (of which $15,000,000 shall be available for 

24 Tribal Colleges or Universities and $5,000,000 shall be 

25 available for the institutions described in subparagraphs 

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1 (B) through (D) of subsection (e)(1)) for fiscal year 2021 

2 and each of the 5 succeeding fiscal years. 

3 ‘‘(e) DEFINITIONS.—In this section: 

4 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible 

5 institution’ means— 

6 ‘‘(A) a Tribal College or University, as de7 fined in section 316; 

8 ‘‘(B) an Alaska Native-serving institution, 

9 as defined in section 317; 

10 ‘‘(C) a Native Hawaiian-serving institu11 tion, as defined in section 317; or 

12 ‘‘(D) an Asian American and Native Amer13 ican Pacific Islander-serving institution, as de14 fined in section 320, which is located in Amer15 ican Samoa, Guam, or the Commonwealth of the 

16 Northern Mariana Islands. 

17 ‘‘(2) NATIVE AMERICAN.—The term ‘Native 

18 American’ has the meaning given the term in section 

19 371(c)(6).’’. 

20 (e) PREDOMINANTLY BLACK INSTITUTIONS.—Section 

21 318(d)(3) of the Higher Education Act of 1965 (20 U.S.C. 

22 1059e(d)(3)) is amended— 

23 (1) in subparagraph (B)— 

24 (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 subparagraph (C) the fol7 lowing: 

8 ‘‘(D) SCHOLARSHIPS.—An eligible institu9 tion that uses grant funds provided under this 

10 section to establish or increase an endowment 

11 fund may use the interest proceeds from such en12 dowment to provide scholarships to students for 

13 the purposes of attending such institution.’’. 

14 (f) TECHNICAL CORRECTION TO SECTION 317.— Sec15 tion 317(d)(3)(A) of the Higher Education Act of 1965 (20 

16 U.S.C.1059d(d)(3)(A) is amended to read as follows: 

17 ‘‘(A) ELIGIBILITY.—No Alaskan Native18 serving institution of Native Hawaiian-serving 

19 institution that receives funds under this section 

20 shall concurrently receive funds under other pro21 visions of this part, part B, or part A of title 

22 V.’’. 

23 (g) TECHNICAL CORRECTION TO SECTION 318.—Sec24 tion 318(i) of the Higher Education Act of 1965 (20 U.S.C. 

25 1059e) is amended— 

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1 (1) in the subsection heading, by striking ‘‘SPE2 CIAL RULE ON ELIGIBILITY’’ and inserting ‘‘SPECIAL

3 RULES’’ ; 

4 (2) by striking ‘‘No Predominantly’’ and insert5 ing the following: 

6 ‘‘(1) ELIGIBILITY.—No Predominantly’’; and 

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

8 ‘‘(2) EXEMPTION.—Section 313(d) shall not 

9 apply to institutions that are eligible to receive funds 

10 under this section.’’. 

11 (h) TECHNICAL CORRECTION TO SECTION 320.—Sec12 tion 320(d)(3)(A) of the Higher Education Act of 1965 (20 

13 U.S.C. 1059g(d)(3)(A)) is amended by inserting ‘‘part A 

14 of’’ after ‘‘or’’. 

15 SEC. 3003. STRENGTHENING HISTORICALLY BLACK COL16 LEGES AND UNIVERSITIES. 

17 (a) ALLOWABLE USES OF FUNDS.—Section 323(a) of 

18 the Higher Education Act of 1965 (20 U.S.C. 1062(a)) is 

19 amended— 

20 (1) by striking paragraphs (6) and (7) and in21 serting the following: 

22 ‘‘(6) Tutoring, counseling, advising, and student 

23 service programs designed to improve academic suc24 cess, including innovative and customized instruc25 tional courses (which may include remedial education 

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1 and English language instruction) designed to help 

2 retain students and move students rapidly into core 

3 courses and through program completion. 

4 ‘‘(7) Funds and administrative management, 

5 and acquisition of technology, services, and equipment 

6 for use in strengthening funds and administrative 

7 management.’’; 

8 (2) in paragraph (10)— 

9 (A) by striking ‘‘teacher education’’ and in10 serting ‘‘traditional or alternative route teacher 

11 preparation’’; and 

12 (B) by striking ‘‘preparation for teacher 

13 certification’’ and inserting ‘‘preparation of 

14 graduates for teacher certification or licensure’’; 

15 (3) by redesignating paragraph (15) as para16 graph (19); and 

17 (4) by inserting after paragraph (14) the fol18 lowing: 

19 ‘‘(15) Distance education programs and creating 

20 or improving facilities for internet or other distance 

21 learning academic instruction capabilities, including 

22 the purchase or rental of telecommunications tech23 nology equipment or services. 

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1 ‘‘(16) Establishing or improving a program that 

2 produces improved results in the educational outcomes 

3 of African American males. 

4 ‘‘(17) Scholarships, fellowships, and other finan5 cial assistance for financially needy undergraduate 

6 students, as determined by the institution, to permit 

7 the enrollment and degree completion of such students 

8 in the physical or natural sciences, engineering, 

9 mathematics or other scientific disciplines in which 

10 African Americas are underrepresented, except that 

11 not more than 30 percent of the grant amount may 

12 be used for this purpose. 

13 ‘‘(18) Establishing or improving an office of 

14 sponsored programs to assist with identifying exter15 nal funding opportunities, applying for external 

16 funding, and administering grant awards.’’. 

17 (b) HISTORICALLY BLACK COLLEGES AND UNIVER18 SITIES.—Section 323(b) of the Higher Education Act of 

19 1965 (20 U.S.C. 1062(b)) is amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘non-Federal sources’’ and 

22 inserting ‘‘non-Federal sources (which may in23 clude gifts to the endowment fund restricted for 

24 a specific purpose)’’; and 

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1 (B) by striking ‘‘equal to or greater than 

2 the Federal funds’’ and inserting ‘‘equal to 50 

3 percent of the Federal funds’’; and 

4 (2) by inserting after paragraph (3) the fol5 lowing: 

6 ‘‘(4) SCHOLARSHIPS.—An eligible institution 

7 that uses grant funds provided under this section to 

8 establish or increase an endowment fund may use the 

9 interest proceeds from such endowment to provide 

10 scholarships to students for the purposes of attending 

11 such institution.’’. 

12 (c) ALLOTMENTS AND APPLICATION PROCESS.— 

13 (1) ALLOTMENTS.—Section 324 of the Higher 

14 Education Act of 1965 (20 U.S.C. 1063) is amend15 ed— 

16 (A) in subsection (c), by striking ‘‘5’’ and 

17 inserting ‘‘6’’; 

18 (B) in subsection (d)(1), by striking sub19 paragraphs (A) and (B) and inserting the fol20 lowing: 

21 ‘‘(A) less than $500,000 for a part B institution 

22 which has received a grant under this part, the Sec23 retary shall award the part B institution an allot24 ment in the amount of $500,000; and 

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1 ‘‘(B) less than $250,000 for a part B institution 

2 which has not received a grant under this part for a 

3 fiscal year prior to fiscal year 2019, the Secretary 

4 shall award the part B institution an allotment in 

5 the amount of $250,000.’’; and 

6 (C) in subsection (h)— 

7 (i) in paragraphs (1)(C) and (2)(C), 

8 by striking ‘‘within 5 years’’ each time it 

9 appears and inserting ‘‘within 6 years’’; 

10 and 

11 (ii) by adding at the end the following: 

12 ‘‘(3) LIMITATION FOR NEW INSTITUTIONS.—Not13 withstanding any other provision of this section, no 

14 part B institution that would otherwise be eligible for 

15 funds under this part shall receive an allotment under 

16 this part for a fiscal year, unless— 

17 ‘‘(A) such institution received an allotment 

18 under this part for fiscal year 2019; or 

19 ‘‘(B) the amount appropriated under sec20 tion 399(a)(2)(A) for such fiscal year is not less 

21 than $282,420,000.’’. 

22 (2) APPLICATIONS.—Section 325(c) of the Higher 

23 Education Act of 1965 (20 U.S.C. 1063a(c)) is 

24 amended by inserting ‘‘, including goals to enhance 

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1 student retention, graduation, and postgraduate out2 comes,’’ after ‘‘management and academic programs’’. 

3 (d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 

4 Section 326(c) of the Higher Education Act of 1965 (20 

5 U.S.C. 1063b(c)) is amended— 

6 (1) in paragraph (7)— 

7 (A) by striking ‘‘equipment,’’ and inserting 

8 ‘‘equipment, technology, and services,’’; and 

9 (B) by inserting ‘‘and administrative’’ after 

10 ‘‘in strengthening funds’’; 

11 (2) by redesignating paragraph (12) as para12 graph (13); and 

13 (3) by striking paragraph (11) and inserting the 

14 following: 

15 ‘‘(11) tutoring, counseling, advising, and student 

16 service programs designed to improve academic suc17 cess, including innovative and customized instruc18 tional courses (which may include remedial education 

19 and English language instruction) designed to help 

20 retain students and move students rapidly into core 

21 courses and through program completion; and 

22 ‘‘(12) distance education programs and creating 

23 or improving facilities for internet or other distance 

24 learning academic instruction capabilities, including 

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1 the purchase or rental of telecommunications tech2 nology equipment or services; and’’. 

3 (e) ELIGIBILITY.—Section 326(e)(1) of the Higher 

4 Education Act of 1965 (20 U.S.C. 1063b(e)) is amended— 

5 (1) in subparagraph (W), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (X), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(Y) University of the Virgin Islands School 

11 of Medicine.’’. 

12 (f) CONFORMING AMENDMENT.—Section 326(f) of the 

13 Higher Education Act of 1965 (20 U.S.C. 1063b(f)) is 

14 amended by striking ‘‘through (X)’’ both places it appears 

15 and inserting ‘‘through (Y)’’. 

16 (g) INTERACTION WITH OTHER GRANT PROGRAMS.— 

17 Section 326(h) of the Higher Education Act of 1965 (20 

18 U.S.C. 1063b(h)) is amended by striking ‘‘or 724’’ and in19 serting ‘‘724, 727, or 729’’. 

20 SEC. 3004. HISTORICALLY BLACK COLLEGE AND UNIVER21 SITY CAPITAL FINANCING. 

22 (a) BOND INSURANCE AND CAPITAL FINANCE OF

23 STEM FACILITIES.—Section 343 of the Higher Education 

24 Act of 1965 (20 U.S.C. 1066b) is amended— 

25 (1) in subsection (b)— 

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1 (A) in paragraph (1), by striking ‘‘an es2 crow account’’ and inserting ‘‘a bond insurance 

3 fund’’; 

4 (B) in paragraph (3), by inserting ‘‘(except 

5 that loans for the purpose of science, technology, 

6 engineering, or mathematics related academic fa7 cilities shall carry not more than a 1 percent 

8 rate of interest)’’ after ‘‘charge such interest on 

9 loans’’; 

10 (C) in paragraph (8)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘an escrow account’’ 

13 and inserting ‘‘a bond insurance fund’’; and 

14 (ii) in subparagraph (A), by striking 

15 ‘‘the escrow account’’ and inserting ‘‘the 

16 bond insurance fund’’; 

17 (D) in paragraph (9), by striking ‘‘escrow 

18 account’’ each place it appears and inserting 

19 ‘‘bond insurance fund’’; and 

20 (E) in paragraph (12), by striking ‘‘, except 

21 as otherwise required by the Secretary’’; and 

22 (2) in subsection (c), by striking ‘‘escrow ac23 count’’ each place it appears and inserting ‘‘bond in24 surance fund’’. 

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1 (b) INCREASED AGGREGATE BOND LIMIT.—Section 

2 344(a) of the Higher Education Act of 1965 (20 U.S.C. 

3 1066c(a)) is amended— 

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

5 striking ‘‘$1,100,000,000’’ and inserting 

6 ‘‘$3,600,000,000’’; 

7 (2) in paragraph (1), by striking 

8 ‘‘$733,333,333’’ and inserting ‘‘two-thirds’’; and 

9 (3) in paragraph (2), by striking 

10 ‘‘$366,666,667’’ and inserting ‘‘one-third’’. 

11 (c) STRENGTHENING TECHNICAL ASSISTANCE.—Sec12 tion 345 of the Higher Education Act of 1965 (20 U.S.C. 

13 1066d) is amended— 

14 (1) by striking paragraph (9) and inserting the 

15 following: 

16 ‘‘(9) may, directly or by grant or contract, pro17 vide financial counseling and technical assistance to 

18 eligible institutions to prepare the institutions to 

19 qualify, apply for, and maintain a capital improve20 ment loan, including a loan under this part; and’’; 

21 and 

22 (2) by striking paragraph (10) and inserting the 

23 following: 

24 ‘‘(10) may provide for the modification or 

25 deferment of a loan made under this part based on 

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1 need of the institution, as defined by the Secretary, 

2 for a period not to exceed 6 fiscal years, and, during 

3 the period of deferment of such a loan, interest on the 

4 loan will not accrue or be capitalized.’’. 

5 (d) HBCU CAPITAL FINANCING ADVISORY BOARD.— 

6 Paragraph (2) of Section 347(c) of the Higher Education 

7 Act of 1965 (20 U.S.C. 1066f(c)) is amended to read as 

8 follows: 

9 ‘‘(2) REPORT.—On an annual basis, the Advi10 sory Board shall prepare and submit to the author11 izing committees a report on— 

12 ‘‘(A) the financial status of the historically 

13 Black colleges and universities described in para14 graph (1)(A); 

15 ‘‘(B) an overview of all loans awarded 

16 under the program under this part, including 

17 the most recent loans awarded for the fiscal year 

18 in which the report is submitted; and 

19 ‘‘(C) administrative and legislative rec20 ommendations for addressing the issues related 

21 to construction financing facing historically 

22 Black colleges and universities.’’. 

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1 SEC. 3005. STRENGTHENING HISTORICALLY BLACK COL2 LEGES AND UNIVERSITIES AND OTHER MI3 NORITY-SERVING INSTITUTIONS. 

4 Section 371(b) of the Higher Education Act of 1965 

5 (20 U.S.C. 1067q(b)) is amended— 

6 (1) in paragraph (1)(A)— 

7 (A) in the first sentence, by striking ‘‘ap8 propriated,’’ and all that follows through ‘‘2019’’ 

9 and inserting the following: ‘‘appropriated, 

10 $300,000,000 for fiscal year 2021 and each suc11 ceeding fiscal year’’; and 

12 (B) by striking the second sentence; and 

13 (2) in paragraph (2)— 

14 (A) in subparagraph (A)— 

15 (i) in clause (i), by striking 

16 ‘‘$100,000,000’’ and inserting 

17 ‘‘$117,500,000’’; 

18 (ii) in clause (ii), by striking 

19 ‘‘$100,000,000’’ and inserting 

20 ‘‘$99,875,000’’; 

21 (iii) in clause (ii), by striking ‘‘and’’ 

22 at the end; 

23 (iv) in clause (iii)— 

24 (I) by striking ‘‘$55,000,000’’ and 

25 inserting ‘‘$65,000,000’’; and 

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1 (II) by striking ‘‘(D)’’ and insert2 ing ‘‘(E)’’; 

3 (v) by redesignating clause (iii) as 

4 clause (iv); and 

5 (vi) by inserting after clause (ii) the 

6 following: 

7 ‘‘(iii) $17,625,000 shall be available for 

8 allocation under subparagraph (D); and’’; 

9 (B) by redesignating subparagraph (D) as 

10 subparagraph (E) and— 

11 (i) in clause (i), by striking 

12 ‘‘$30,000,000’’ each place it appears and 

13 inserting ‘‘$35,000,000’’; 

14 (ii) in clause (ii), by striking 

15 ‘‘$15,000,000’’ each place it appears and 

16 inserting ‘‘$18,000,000’’; and 

17 (iii) in clauses (iii) and (iv), by strik18 ing ‘‘$5,000,000’’ each place it appears and 

19 inserting ‘‘$6,000,000’’; and 

20 (C) by striking subparagraph (C) and in21 serting the following: 

22 ‘‘(C) ALLOCATION AND ALLOTMENT

23 HBCUS.—The amount made available for alloca24 tion under this subparagraph by subparagraph 

25 (A)(ii) for any fiscal year shall be available to 

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1 eligible institutions described in subsection (a)(1) 

2 and shall be made available as grants under sec3 tion 323 and allotted among such institutions 

4 under section 324, treating such amount, plus 

5 the amount appropriated for such fiscal year in 

6 a regular or supplemental appropriation Act to 

7 carry out part B of this title, as the amount ap8 propriated to carry out part B of this title for 

9 purposes of allotments under section 324, for use 

10 by such institutions with a priority for— 

11 ‘‘(i) activities described in paragraphs 

12 (1), (2), (4), (5), and (10) of section 323(a); 

13 and 

14 ‘‘(ii) other activities, consistent with 

15 the institution’s comprehensive plan and de16 signed to increase the institution’s capacity 

17 to prepare students for careers in the phys18 ical or natural sciences, mathematics, com19 puter science or information technology or 

20 sciences, engineering, language instruction 

21 in the less-commonly taught languages or 

22 international affairs, or nursing or allied 

23 health professions. 

24 ‘‘(D) ALLOCATION AND ALLOTMENT PBIS.— 

25 The amount made available for allocation under 

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1 this subparagraph by subparagraph (A)(iii) for 

2 any fiscal year shall be available to eligible in3 stitutions described in subsection (a)(5) and 

4 shall be available for a competitive grant pro5 gram to award grants of $600,000 annually for 

6 programs in any of the following areas: 

7 ‘‘(i) science, technology, engineering, or 

8 mathematics (STEM); 

9 ‘‘(ii) health education; 

10 ‘‘(iii) internationalization or 

11 globalization; 

12 ‘‘(iv) teacher preparation; or 

13 ‘‘(v) improving educational outcomes 

14 of African American males.’’. 

15 SEC. 3006. GENERAL PROVISIONS. 

16 Section 399(a) of the Higher Education Act of 1965 

17 (20 U.S.C. 1068h(a)) is amended— 

18 (1) by striking ‘‘2009’’ each place it appears and 

19 inserting ‘‘2021’’; 

20 (2) in paragraph (1)— 

21 (A) in subparagraph (A), by striking 

22 ‘‘$135,000,000’’ and inserting ‘‘$150,000,000’’; 

23 (B) in subparagraph (B), by striking 

24 ‘‘$30,000,000’’ and inserting ‘‘$45,000,000’’; 

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1 (C) in subparagraph (C), by striking 

2 ‘‘$15,000,000’’ and inserting ‘‘$25,000,000’’; 

3 (D) in subparagraph (D), by striking 

4 ‘‘$75,000,000’’ and inserting ‘‘$90,000,000’’; 

5 (E) in subparagraph (E), by striking 

6 ‘‘$25,000,000’’ and inserting ‘‘$30,000,000’’; and 

7 (F) in subparagraph (F), by striking 

8 ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’; 

9 (3) in paragraph (2)— 

10 (A) in subparagraph (A), by striking 

11 ‘‘$375,000,000’’ and inserting ‘‘$400,000,000’’; 

12 and 

13 (B) in subparagraph (B), by striking 

14 ‘‘$125,000,000’’ and inserting ‘‘$135,000,000’’; 

15 (4) in paragraph (3), by striking ‘‘$10,000,000’’ 

16 and inserting ‘‘$220,000,000’’; and 

17 (5) in paragraph (4)(A), by striking ‘‘$185,000’’ 

18 and inserting ‘‘$225,000’’. 

19 TITLE IV—STUDENT ASSISTANCE 

20 SEC. 4001. EFFECTIVE DATE. 

21 Except as otherwise provided in this title or the 

22 amendments made by this title, this title and the amend23 ments made by this title shall take effect on July 1, 2021. 

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1 PART A—GRANTS TO STUDENTS IN ATTENDANCE 

2 AT INSTITUTIONS OF HIGHER EDUCATION 

3 Subpart 1—Federal Pell Grants 

4 SEC. 4011. AMOUNT OF GRANTS. 

5 Section 401 of the Higher Education Act of 1965 (20 

6 U.S.C. 1070a) is amended— 

7 (1) in subsection (a)(1)— 

8 (A) by striking ‘‘through fiscal year 2017’’; 

9 and 

10 (B) by inserting ‘‘or as a postbaccalaureate 

11 in accordance with subsection (c)(1)(B)’’ after 

12 ‘‘as an undergraduate’’; 

13 (2) in subsection (b)— 

14 (A) in paragraph (2)(A)(ii), by striking 

15 ‘‘paragraph (7)(B)’’ and inserting ‘‘paragraph 

16 (6)(B)’’; 

17 (B) by striking paragraph (6), and redesig18 nating paragraph (7) as paragraph (6); and 

19 (C) in paragraph (6)(C) (as so redesig20 nated), by amending clause (iii) to read as fol21 lows: 

22 ‘‘(iii) SUBSEQUENT AWARD YEARS.— 

23 ‘‘(I) AWARD YEARS 2018–2019, 

24 2019–2020 AND 2020–2021.—For each of 

25 the award years 2018–2019, 2019– 

26 2020, and 2020–2021 the amount deVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 termined under this subparagraph for 

2 purposes of subparagraph (B)(iii) shall 

3 be equal to the amount determined 

4 under clause (ii) for award year 2017– 

5 2018. 

6 ‘‘(II) AWARD YEAR 2021–2022.— 

7 For award year 2021–2022, the 

8 amount determined under this sub9 paragraph for purposes of subpara10 graph (B)(iii) shall be equal to— 

11 ‘‘(aa) $6,195 or the total 

12 maximum Federal Pell Grant for 

13 the preceding award year (as de14 termined under clause (iv)(II)), 

15 whichever is greater, increased by 

16 $625; reduced by 

17 ‘‘(bb) $5,135 or the max18 imum Federal Pell Grant for 

19 which a student was eligible for 

20 the preceding award year, as spec21 ified in the last enacted appro22 priation Act applicable to that 

23 year, whichever is greater, and 

24 ‘‘(cc) rounded to the neared 

25 $5. 

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1 ‘‘(III) AWARD YEAR 2022–2023 AND

2 EACH SUBSEQUENT AWARD YEAR.—For 

3 award year 2022–2023 and each subse4 quent award year, the amount deter5 mined under this subparagraph for 

6 purposes of subparagraph (B)(iii) shall 

7 be equal to— 

8 ‘‘(aa) $6,820 or the total 

9 maximum Federal Pell Grant for 

10 the preceding award year (as de11 termined under clause (iv)(II)), 

12 whichever is greater, increased by 

13 a percentage equal to the annual 

14 adjustment percentage for the 

15 award year for which the amount 

16 under this subparagraph is being 

17 determined; reduced by 

18 ‘‘(bb) $5,135 or the max19 imum Federal Pell Grant for 

20 which a student was eligible for 

21 the preceding award year, as spec22 ified in the last enacted appro23 priation Act applicable to that 

24 year, whichever is greater; and 

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1 ‘‘(cc) rounded to the nearest 

2 $5.’’; 

3 (3) in subsection (f)— 

4 (A) in paragraph (1), by striking the mat5 ter preceding subparagraph (A) and inserting 

6 the following: ‘‘After receiving an application for 

7 a Federal Pell Grant under this subpart, the 

8 Secretary (including any contractor of the Sec9 retary processing applications for Federal Pell 

10 Grants under this subpart) shall, in a timely 

11 manner, furnish to the student financial aid ad12 ministrator at each institution of higher edu13 cation that a student awarded a Federal Pell 

14 Grant under this subpart is attending, the ex15 pected family contribution for each such student. 

16 Each such student financial administrator 

17 shall—’’; and 

18 (B) in paragraph (3), by striking ‘‘after 

19 academic year 1986–1987’’; and 

20 (4) in subsection (j)— 

21 (A) in paragraph (1) by inserting before the 

22 period the following: ‘‘, or if such institution of 

23 higher education is subject to an ineligibility de24 termination under section 435(a)(9) or 493I(b)’’; 

25 and 

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1 (B) in paragraph (2) by inserting ‘‘, final 

2 adjusted cohort default rate, or on-time repay3 ment rate’’ before ‘‘determination’’. 

4 SEC. 4012. GRANT ELIGIBILITY. 

5 Section 401(c) of the Higher Education Act of 1965 

6 (20 U.S.C. 1070a(c)) is amended— 

7 (1) by amending paragraph (1) to read as fol8 lows: 

9 ‘‘(1) PERIOD OF ELIGIBILITY FOR GRANTS.—The 

10 period during which a student may receive Federal 

11 Pell Grants shall be the period required for the com12 pletion of the first undergraduate baccalaureate 

13 course of study being pursued by that student at the 

14 institution at which the student is in attendance ex15 cept that— 

16 ‘‘(A) any period during which the student is 

17 enrolled in a noncredit or remedial course of 

18 study as defined in paragraph (2) shall not be 

19 counted for the purpose of this paragraph; and 

20 ‘‘(B) the period during which a student 

21 may receive Federal Pell Grants shall also in22 clude the period required for the completion of 

23 the first postbaccalaureate course of study at an 

24 eligible institution that meets the definition of 

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1 institution of higher education in section 101, in 

2 a case in which— 

3 ‘‘(i) the student received a Federal Pell 

4 Grant during the period required for the 

5 completion of the student’s first under6 graduate baccalaureate course of study for 

7 fewer than 14 semesters, or the equivalent of 

8 fewer than 14 semesters, as determined 

9 under paragraph (5); 

10 ‘‘(ii) the student would otherwise be el11 igible for a Federal Pell Grant, but for the 

12 completion of such baccalaureate course of 

13 study; and 

14 ‘‘(iii) the period during which the stu15 dent receives Federal Pell Grants does not 

16 exceed the student’s duration limits under 

17 paragraph (5).’’; and 

18 (2) in paragraph (5)— 

19 (A) by striking ‘‘(5) The period’’ and insert20 ing the following: ‘‘(5) MAXIMUM PERIOD.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), the period’’; 

23 (B) by striking ‘‘12’’ each place the term 

24 appears and inserting ‘‘14’’; and 

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

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1 ‘‘(B) EXCEPTION.— 

2 ‘‘(i) IN GENERAL.—Any Federal Pell 

3 Grant that a student received during a pe4 riod described in subclause (I) or (II) of 

5 clause (ii) shall not count toward the stu6 dent’s duration limits under this para7 graph. 

8 ‘‘(ii) APPLICABLE PERIODS.—Clause 

9 (i) shall apply with respect to any Federal 

10 Pell Grant awarded to a student to attend 

11 an institution— 

12 ‘‘(I) during a period— 

13 ‘‘(aa) for which the student 

14 received a loan under this title; 

15 and 

16 ‘‘(bb) for which the loan de17 scribed in item (aa) is forgiven 

18 under— 

19 ‘‘(AA) section 437(c)(1) 

20 or 464(g)(1) due to the clos21 ing of the institution; 

22 ‘‘(BB) section 493H due 

23 to the student’s successful as24 sertion of a defense to repay25 ment of the loan; or 

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1 ‘‘(CC) section 432(a)(6), 

2 section 685.215 of title 34, 

3 Code of Federal Regulations 

4 (or a successor regulation), 

5 or any other loan forgiveness 

6 provision or regulation under 

7 this Act, as a result of a de8 termination by the Secretary 

9 or a court that the institu10 tion committed fraud or 

11 other misconduct; or 

12 ‘‘(II) during a period for which 

13 the student did not receive a loan 

14 under this title but for which, if the 

15 student had received such a loan, the 

16 student would have qualified for loan 

17 forgiveness under subclause (I)(bb).’’. 

18 SEC. 4013. EXTENDING FEDERAL PELL GRANT ELIGIBILITY 

19 OF CERTAIN SHORT-TERM PROGRAMS. 

20 (a) IN GENERAL.—Section 401 of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1070a) is amended by insert22 ing after subsection (j) the following: 

23 ‘‘(k) JOB TRAINING FEDERAL PELL GRANT PRO24 GRAM.— 

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1 ‘‘(1) IN GENERAL.—For the award year begin2 ning on July 1, 2021, and each subsequent award 

3 year, the Secretary shall carry out a program through 

4 which the Secretary shall award job training Federal 

5 Pell Grants to students in eligible job training pro6 grams approved by the Secretary in accordance with 

7 paragraph (4). 

8 ‘‘(2) TERMS AND CONDITIONS.—Each job train9 ing Federal Pell Grant awarded under this subsection 

10 shall have the same terms and conditions, and be 

11 awarded in the same manner, as a Federal Pell 

12 Grant awarded under subsection (a), except as fol13 lows: 

14 ‘‘(A) A student who is eligible to receive a 

15 job training Federal Pell Grant under this sub16 section is a student who— 

17 ‘‘(i) has not yet attained a 

18 postbaccalaureate degree; and 

19 ‘‘(ii) is enrolled, or accepted for enroll20 ment, in an eligible job training program at 

21 an institution of higher education. 

22 ‘‘(B) The amount of a job training Federal 

23 Pell Grant for an eligible student shall be deter24 mined under subsection (b), except that sub25 section (b)(4) shall not apply. 

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1 ‘‘(3) TREATMENT OF JOB TRAINING FEDERAL

2 PELL GRANT.— 

3 ‘‘(A) INCLUSION IN TOTAL ELIGIBILITY PE4 RIOD.—The period during which a student re5 ceived a job training Federal Pell Grant under 

6 this subsection shall be included in calculating 

7 the duration limits with respect to such student 

8 under subsection (c)(5) and to the extent that 

9 such period was a fraction of a semester or the 

10 equivalent, only that same fraction of such se11 mester or equivalent shall count towards such 

12 duration limits. 

13 ‘‘(B) PREVENTION OF DOUBLE BENEFITS.— 

14 No student may for the same payment period re15 ceive both a job training Federal Pell Grant 

16 under this subsection and a Federal Pell Grant 

17 under subsection (a). 

18 ‘‘(4) APPROVAL OF ELIGIBLE JOB TRAINING PRO19 GRAMS.— 

20 ‘‘(A) ELIGIBLE JOB TRAINING PROGRAM.— 

21 An eligible job training program shall be a ca22 reer and technical education program at an in23 stitution of higher education that the Secretary 

24 determines meets the following requirements: 

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1 ‘‘(i) The job training program provides 

2 not less than 150, and less than 600, clock 

3 hours of instructional time over a period of 

4 not less than 8, and less than 15, weeks. 

5 ‘‘(ii) The job training program pro6 vides training aligned with the require7 ments of high-skill, high-wage, or in-de8 mand industry sectors or occupations in the 

9 State or local area in which the job train10 ing program is provided, as determined by 

11 an industry or sector partnership in such 

12 State or local area. 

13 ‘‘(iii) The job training program has 

14 been determined by the institution of higher 

15 education and by such industry or sector 

16 partnership to provide academic content, an 

17 amount of instructional time, and a recog18 nized postsecondary credential that are suf19 ficient to— 

20 ‘‘(I) meet the hiring requirements 

21 of potential employers in the sectors or 

22 occupations described in clause (ii); 

23 and 

24 ‘‘(II) satisfy any applicable edu25 cational prerequisite requirement for 

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1 professional license or certification, so 

2 that a student who completes the pro3 gram and seeks employment is quali4 fied to take any licensure or certifi5 cation examination needed to practice 

6 or find employment in such sectors or 

7 occupations. 

8 ‘‘(iv) The job training program pre9 pares students to pursue related certificate 

10 or degree programs at an institution of 

11 higher education, including— 

12 ‘‘(I) by ensuring the acceptability 

13 of the credits received under the job 

14 training program toward meeting such 

15 certificate or degree program require16 ments (such as through an articulation 

17 agreement); and 

18 ‘‘(II) by ensuring that a student 

19 who completes noncredit coursework in 

20 the job training program, upon com21 pletion of the job training program 

22 and enrollment in such a related cer23 tificate or degree program, will receive 

24 academic credit for such noncredit 

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1 ward meeting such certificate or degree 

2 program requirements. 

3 ‘‘(v) The job training program pro4 vides to the Secretary the annual earnings 

5 expected to be paid in the sectors or occupa6 tions for which the program provides train7 ing not later than 6 months after comple8 tion of such program (in this subsection re9 ferred to as the ‘expected earnings’), as such 

10 earnings are determined by an industry or 

11 sector partnership in the State or local area 

12 in which the program is provided, and 

13 which shall be— 

14 ‘‘(I) greater than the average or 

15 median annual earnings paid to indi16 viduals with only a high school di17 ploma (or the equivalent) based on the 

18 most recently available data from the 

19 Bureau of Labor Statistics or the Bu20 reau of the Census with respect to such 

21 State or local area, or the Nation as a 

22 whole, as selected by such program; 

23 ‘‘(II) validated by the Secretary; 

24 and 

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1 ‘‘(III) used to review the job 

2 training program under subparagraph 

3 (C). 

4 ‘‘(vi) The job training program is part 

5 of a career pathway, and includes coun6 seling for students to— 

7 ‘‘(I) support each such student in 

8 achieving the student’s education and 

9 career goals; and 

10 ‘‘(II) ensure that each such stu11 dent receives information on— 

12 ‘‘(aa) the sectors or occupa13 tions described in clause (ii) for 

14 which the job training program 

15 provides training (including the 

16 expected earnings to be paid, and, 

17 if available, the mean and median 

18 earnings (described in subpara19 graph (C)(ii)) paid, in such sec20 tors or occupations)); and 

21 ‘‘(bb) the related certificate 

22 or degree programs described in 

23 clause (iv) for which the job train24 ing program provides prepara25 tion. 

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1 ‘‘(vii) The job training program meets 

2 the requirements under section 104 that are 

3 applicable to a program of training to pre4 pare students for gainful employment in a 

5 recognized occupation. 

6 ‘‘(viii) The job training program does 

7 not exceed by more than 50 percent the 

8 minimum number of clock hours required 

9 by a State to receive a professional license 

10 or certification in the State. 

11 ‘‘(ix) The job training program is pro12 vided by an institution of higher education 

13 that— 

14 ‘‘(I) is approved by an accrediting 

15 agency or association that meets the re16 quirements of section 496(a)(4)(C); 

17 ‘‘(II) during the preceding 5 

18 years, has not been subject to any ad19 verse actions or negative actions by the 

20 accrediting agency or association of the 

21 institution, State or Federal enforce22 ment agencies, or the Secretary; 

23 ‘‘(III) is listed on the provider list 

24 under section 122(d) of the Workforce 

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1 Innovation and Opportunity Act (29 

2 U.S.C. 3152(d)); and 

3 ‘‘(IV) has a designated official re4 sponsible for engaging with the work5 force development system in the State 

6 or local area in which the job training 

7 program is provided. 

8 ‘‘(x) The job training program has a 

9 verified completion rate and a verified an10 nual earnings rate that meets the require11 ments of clauses (i) and (iii) of section 

12 481(b)(2)(A), respectively, and satisfies the 

13 criteria described in clause (v) of such sec14 tion. 

15 ‘‘(xi) The State board representing the 

16 State in which the job training program is 

17 provided certifies to the Secretary that the 

18 program meets the requirements of clauses 

19 (ii), (viii), and (ix)(III). 

20 ‘‘(B) INITIAL APPROVAL BY THE SEC21 RETARY.—Not later than 180 days after the date 

22 on which a job training program is submitted 

23 for approval under this subparagraph, the Sec24 retary shall make a determination as to whether 

25 such job training program is an eligible job 

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1 training program in accordance with subpara2 graph (A). 

3 ‘‘(C) REVIEW OF APPROVAL.— 

4 ‘‘(i) IN GENERAL.—Not later than 3 

5 years after the date an eligible job training 

6 program is approved under subparagraph 

7 (B), and not less than once every 3 years 

8 thereafter, the Secretary shall, using the 

9 data collected under paragraph (5) and 

10 such other information as the Secretary 

11 may require, determine whether such job 

12 training program continues to meet the re13 quirements of subparagraph (A). 

14 ‘‘(ii) REQUIREMENTS.—Subject to 

15 clause (iii), a determination under clause 

16 (i) that a job training program continues to 

17 meet the requirements of subparagraph (A) 

18 shall, at a minimum, require the Secretary 

19 to determine that the mean or median earn20 ings (whichever is higher) paid to students 

21 not later than 6 months after completing 

22 such program is equal to or greater than the 

23 expected earnings of the program. 

24 ‘‘(iii) EXCEPTION AND APPEALS.— 

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1 ‘‘(I) EXCEPTION.—The Secretary 

2 may extend, by not more than an ad3 ditional 6 months, the period by when, 

4 after completion of the job training 

5 program, the mean or median earnings 

6 (whichever is higher) paid to students 

7 meets the requirements of clause (ii), 

8 in a case in which the job training 

9 program requesting such extension pro10 vides sufficient justification for such 

11 extension (as determined by the Sec12 retary). 

13 ‘‘(II) APPEALS.—Not later than 

14 60 days after receiving notification 

15 from the Secretary of the loss of eligi16 bility resulting from the review under 

17 subparagraph (C), a job training pro18 gram may appeal any loss of eligi19 bility under this subparagraph by 

20 demonstrating extenuating cir21 cumstances. 

22 ‘‘(III) SECRETARIAL REQUIRE23 MENTS.—The Secretary shall issue a 

24 decision on any appeal submitted by a 

25 job training program under subclause 

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1 (II) not later than 45 days after its 

2 submission. 

3 ‘‘(5) DATA COLLECTION.—Using the postsec4 ondary student data system established under section 

5 132(l) or a successor system (whichever includes the 

6 most recent data) to streamline reporting require7 ments and minimize reporting burdens, and in co8 ordination with the National Center for Education 

9 Statistics, the Secretary of Labor, and each institu10 tion of higher education offering an eligible job train11 ing program under this subsection, the Secretary 

12 shall, on at least an annual basis, collect data with 

13 respect to each such eligible job training program, in14 cluding the following: 

15 ‘‘(A) The number and demographics of stu16 dents who enroll in the program. 

17 ‘‘(B) The number of credits attempted and 

18 accumulated annually by students enrolled in the 

19 program. 

20 ‘‘(C) The share of such students who cease 

21 enrollment on or before the completion of 60 per22 cent of the payment period or period of enroll23 ment. 

24 ‘‘(D) The verified completion rate and the 

25 verified annual earnings rate described in 

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1 clauses (i) and (iii) of section 481(b)(2)(A), re2 spectively, for the program. 

3 ‘‘(E) The number and demographics of— 

4 ‘‘(i) students who complete the pro5 gram; and 

6 ‘‘(ii) students who do not complete the 

7 program. 

8 ‘‘(F) The outcomes of the students who com9 plete the program, including— 

10 ‘‘(i) the share of such students who con11 tinue enrollment at the institution of higher 

12 education offering the program; 

13 ‘‘(ii) the share of such students who 

14 transfer to another institution of higher 

15 education; 

16 ‘‘(iii) the share of such students who 

17 complete a subsequent certificate or degree 

18 program; 

19 ‘‘(iv) the share of such students who se20 cure employment 6 months and 1 year, re21 spectively— 

22 ‘‘(I) after completion of such pro23 gram; or 

24 ‘‘(II) in the case of a program 

25 that prepares students for a profesVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00285 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 sional license or certification exam, 

2 after acquiring such license or certifi3 cation; 

4 ‘‘(v) the expected earnings in the sec5 tors or occupations for which the program 

6 provides training; 

7 ‘‘(vi) the mean and median earnings 

8 paid in such sectors or occupations to such 

9 students not later than 6 months after com10 pleting such program (as described in para11 graph (4)(C)(ii)); and 

12 ‘‘(vii) in the case of a job training pro13 gram that prepares students for a profes14 sional license or certification exams, the 

15 share of such students who pass such exams. 

16 ‘‘(6) TITLE OF JOB TRAINING FEDERAL PELL

17 GRANT.—Grants made under this subsection shall be 

18 known as ‘job training Federal Pell Grants’. 

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

20 ‘‘(A) ARTICULATION AGREEMENT.—The 

21 term ‘articulation agreement’ has the meaning 

22 given the term in section 486A. 

23 ‘‘(B) CAREER AND TECHNICAL EDU24 CATION.—The term ‘career and technical edu25 cation’ has the meaning given the term in secVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00286 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tion 3 of the Carl D. Perkins Career and Tech2 nical Education Act (20 U.S.C. 2302). 

3 ‘‘(C) INSTITUTION OF HIGHER EDU4 CATION.—The term ‘institution of higher edu5 cation’ means an eligible institution for purposes 

6 of this subpart that is an institution of higher 

7 education (as defined in section 101) or a post8 secondary vocational institution (as defined in 

9 section 102(c)). 

10 ‘‘(D) WIOA DEFINITIONS.—The terms ‘ca11 reer pathway’, ‘industry or sector partnership’, 

12 ‘in-demand industry sector or occupation’, ‘rec13 ognized postsecondary credential’, ‘State board’, 

14 and ‘workforce development system’ have the 

15 meanings given such terms in section 3 of the 

16 Workforce Innovation and Opportunity Act (29 

17 U.S.C. 3102).’’. 

18 (b) REPORT.—Not later than 3 years after the date 

19 of enactment of this Act, the Secretary of Education shall— 

20 (1) submit to the Committee on Education and 

21 Labor of the House of Representatives and the Com22 mittee on Health, Education, Labor, and Pensions of 

23 the Senate a report on the impact of eligible job 

24 training programs described in subsection (k) of sec25 tion 401 of the Higher Education Act of 1965 (20 

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1 U.S.C. 1079a), as added by this section, based on the 

2 most recent data collected under paragraph (5) of 

3 such subsection (k); and 

4 (2) make the report described in paragraph (1) 

5 available publicly on the website of the Department of 

6 Education. 

7 SEC. 4014. PROVIDING FEDERAL PELL GRANTS FOR IRAQ 

8 AND AFGHANISTAN VETERAN’S DEPENDENTS. 

9 (a) AMENDMENT.—Section 401 of the Higher Edu10 cation Act of 1965 (20 U.S.C. 1070a et seq.) as amended 

11 by this subpart, is further amended by inserting after sub12 section (k) the following: 

13 ‘‘(l) SCHOLARSHIPS FOR VETERAN’S DEPENDENTS.— 

14 ‘‘(1) DEFINITION OF ELIGIBLE VETERAN’S DE15 PENDENT.—In this subsection, the term ‘eligible vet16 eran’s dependent’ means a dependent or an inde17 pendent student— 

18 ‘‘(A) whose parent or guardian was a mem19 ber of the Armed Forces of the United States and 

20 died as a result of performing military service in 

21 Iraq or Afghanistan after September 11, 2001; 

22 and 

23 ‘‘(B) who, at the time of the parent or 

24 guardian’s death, was— 

25 ‘‘(i) less than 24 years of age; or 

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1 ‘‘(ii) enrolled at an institution of high2 er education on a part-time or full-time 

3 basis. 

4 ‘‘(2) GRANTS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 award a Federal Pell Grant, as modified in ac7 cordance with the requirements of this sub8 section, to each eligible veteran’s dependent to as9 sist in paying the eligible veteran’s dependent’s 

10 cost of attendance at an institution of higher 

11 education. 

12 ‘‘(B) DESIGNATION.—Federal Pell Grants 

13 made under this subsection may be known as 

14 ‘Iraq and Afghanistan Service Grants’. 

15 ‘‘(3) PREVENTION OF DOUBLE BENEFITS.—No el16 igible veteran’s dependent may receive a grant under 

17 both this subsection and subsection (a) or (k). 

18 ‘‘(4) TERMS AND CONDITIONS.—The Secretary 

19 shall award Iraq and Afghanistan Service Grants 

20 under this subsection in the same manner and with 

21 the same terms and conditions, including the length 

22 of the period of eligibility, as the Secretary awards 

23 Federal Pell Grants under subsection (a), except 

24 that— 

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1 ‘‘(A) the award rules and determination of 

2 need applicable to the calculation of Federal Pell 

3 Grants under subsection (a) shall not apply to 

4 Iraq and Afghanistan Service Grants; 

5 ‘‘(B) the provisions of paragraph (2)(A)(iii) 

6 and (3) of subsection (b), and subsection (f), 

7 shall not apply; 

8 ‘‘(C) the maximum period determined 

9 under subsection (c)(5) shall be determined by 

10 including all Iraq and Afghanistan Service 

11 Grants received by the eligible veteran’s depend12 ent, including such Grants received under sub13 part 10 before the date of enactment of the Col14 lege Affordability Act; and 

15 ‘‘(D) an Iraq and Afghanistan Service 

16 Grant to an eligible veteran’s dependent for any 

17 award year shall equal the maximum Federal 

18 Pell Grant available under subsection (b)(5) for 

19 that award year, except that an Iraq and Af20 ghanistan Service Grant— 

21 ‘‘(i) shall not exceed the cost of attend22 ance of the eligible veteran’s dependent for 

23 that award year; and 

24 ‘‘(ii) shall be adjusted to reflect the at25 tendance by the eligible veteran’s dependent 

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1 on a less than full-time basis in the same 

2 manner as such adjustments are made for a 

3 Federal Pell Grant under subsection (a). 

4 ‘‘(5) ESTIMATED FINANCIAL ASSISTANCE.—For 

5 purposes of determinations of need under part F, an 

6 Iraq and Afghanistan Service Grant shall not be 

7 treated as estimated financial assistance as described 

8 in sections 471(3) and 480(j).’’. 

9 (b) EFFECTIVE DATE; TRANSITION.— 

10 (1) EFFECTIVE DATE.—The amendments made 

11 by this section shall take effect with respect to the 

12 award year that begins following the date of enact13 ment of this Act, and each succeeding award year. 

14 (2) TRANSITION.—The Secretary shall take such 

15 steps as are necessary to transition from the Iraq and 

16 Afghanistan Service Grants program under subpart 

17 10 of part A of title IV of the Higher Education Act 

18 of 1965 (20 U.S.C. 1070h), as in effect on the day be19 fore the effective date of this Act, and the Iraq and 

20 Afghanistan Service Grants program under section 

21 401(l) of the Higher Education Act of 1965 (20 

22 U.S.C. 1070a(j)), as added by this section. 

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1 SEC. 4015. FEDERAL PELL GRANT FRAUD PREVENTION. 

2 Section 401 of the Higher Education Act of 1965 (20 

3 U.S.C. 1070a et seq.), as amended by this subpart, is further 

4 amended by inserting after subsection (l) the following: 

5 ‘‘(m) PREVENTION OF FRAUD.— 

6 ‘‘(1) REPORT.—Not later than December 31 of 

7 each year, the Secretary shall prepare and submit a 

8 report to the authorizing committees that includes the 

9 following information with respect to unusual enroll10 ment history: 

11 ‘‘(A) The number and percentage of total 

12 applicants who were flagged for an unusual en13 rollment history in the preceding award year. 

14 ‘‘(B) The number and percentage of institu15 tions that have had fewer than 2 percent of ap16 plicants flagged for an unusual enrollment his17 tory in the preceding award year. 

18 ‘‘(C) The name of each institution that has 

19 had more than 2 percent of total applicants 

20 flagged for an unusual enrollment history in the 

21 preceding award year. 

22 ‘‘(D) If the percentage of total applicants in 

23 subparagraph (A) is greater than 2 percent, a 

24 detailed plan from the Secretary as to how to re25 duce that percentage below 2 percent by the fol26 lowing award year. 

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1 ‘‘(2) DEFINITION.—For the purposes of this sub2 section the term ‘unusual enrollment history’ means, 

3 with respect to the application for Federal student 

4 aid— 

5 ‘‘(A) a pattern in which a student attends 

6 an institution long enough to receive a disburse7 ment of credit balance funds authorized by this 

8 title, does not complete the enrollment period, en9 rolls at another institution and repeats this pat10 tern to collect an additional credit balance of 

11 funds authorized by this title without earning 

12 academic credit; or 

13 ‘‘(B) any other enrollment pattern that the 

14 Department believes may signal an attempt by a 

15 student to receive funds authorized under this 

16 title in a fraudulent manner.’’. 

17 SEC. 4016. FEDERAL PELL GRANTS ON BEHALF OF INCAR18 CERATED INDIVIDUALS. 

19 (a) IN GENERAL.—Section 401 of the Higher Edu20 cation Act of 1965 (20 U.S.C. 1070a), as amended by this 

21 subpart, is further amended by adding at the end the fol22 lowing: 

23 ‘‘(n) FEDERAL PELL GRANTS ON BEHALF OF INCAR24 CERATED INDIVIDUALS.— 

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1 ‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eligi2 ble institution may not award a Federal Pell Grant 

3 to an incarcerated individual or on behalf of such in4 dividual, unless the institution meets the following: 

5 ‘‘(A) The institution is approved to enroll 

6 incarcerated individuals by— 

7 ‘‘(i) the Secretary in accordance with 

8 paragraph (2); and 

9 ‘‘(ii) an accrediting agency or associa10 tion that meets the requirements of section 

11 496(a)(4)(D). 

12 ‘‘(B) The institution— 

13 ‘‘(i) is an institution of higher edu14 cation (as defined in section 101) or a post15 secondary vocational institution (as defined 

16 in section 102(c)); and 

17 ‘‘(ii) during the preceding 5 years, has 

18 not been subject to the denial, withdrawal, 

19 suspension, or termination of accreditation. 

20 ‘‘(C) The institution provides each incarcer21 ated individual, upon completion of a course of22 fered by the institution, with academic credits 

23 that are the equivalent to credits earned by non24 incarcerated students for an equivalent course of 

25 study. 

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1 ‘‘(D) The institution provides to the Sec2 retary confirmation from each facility involved 

3 that the course of study offered by the institution 

4 at such facility is accessible to incarcerated indi5 viduals (including such individuals who are in6 dividuals with disabilities). 

7 ‘‘(E) The institution does not enroll incar8 cerated individuals in a course of study offered 

9 primarily as a distance education program, ex10 cept in a case in which the institution provides 

11 to the Secretary— 

12 ‘‘(i) confirmation that the distance 

13 education program offers levels of faculty 

14 interaction, peer engagement, and student 

15 support sufficient to enable incarcerated in16 dividuals to successfully participate in such 

17 a program; and 

18 ‘‘(ii) evidence of the institution’s suc19 cess in offering other distance education 

20 programs; 

21 ‘‘(F) The institution develops and carries 

22 out a process to allow each incarcerated indi23 vidual to access the transcripts and any other 

24 educational records of such individual held by 

25 the institution, without regard to the facility at 

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1 which the individual is being held or whether the 

2 individual has been released from such a facility. 

3 ‘‘(G) The institution develops and carries 

4 out a process to allow each incarcerated indi5 vidual an opportunity to provide feedback on 

6 courses that is comparable to the opportunity to 

7 provide such feedback that the institution offers 

8 to non-incarcerated students. 

9 ‘‘(H) The institution does not directly 

10 charge an incarcerated individual— 

11 ‘‘(i) in the case of such an individual 

12 who is an individual with a disability, for 

13 any cost of the provision of reasonable ac14 commodations for the individual to partici15 pate in a course of study offered by the in16 stitution; 

17 ‘‘(ii) in the case of such an individual 

18 with an expected family contribution for an 

19 award year that would not disqualify the 

20 individual from receiving a Federal Pell 

21 Grant, for any amount of the cost of attend22 ance not covered by the Federal Pell Grant 

23 or other Federal assistance received by the 

24 institution on behalf of the individual by 

25 ensuring that any such amount is offset— 

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1 ‘‘(I) by a State or institutional 

2 grant; or 

3 ‘‘(II) other non-Federal financial 

4 assistance that does not have to be re5 paid by such individual; or 

6 ‘‘(iii) in the case of such an individual 

7 with an expected family contribution for an 

8 award year that would disqualify the indi9 vidual from receiving a Federal Pell Grant, 

10 an amount that exceeds such expected fam11 ily contribution. 

12 ‘‘(I) The institution makes available to in13 carcerated individuals who are considering en14 rolling in a course of study offered by the insti15 tution, in simple and understandable terms, the 

16 following: 

17 ‘‘(i) Information with respect to each 

18 course of study at the institution for which 

19 such an individual may receive a Federal 

20 Pell Grant, including— 

21 ‘‘(I) the cost of attendance; 

22 ‘‘(II) the mode of instruction 

23 (such as distance education, in-person 

24 instruction, or a combination of such 

25 modes); 

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1 ‘‘(III) how enrollment in such 

2 course of study will impact the period 

3 of eligibility for Federal Pell Grants 

4 for such an individual, including in a 

5 case in which the individual is trans6 ferred to another facility or released be7 fore the completion of such course; 

8 ‘‘(IV) the transferability of credits 

9 earned, and the acceptability of such 

10 credits toward a certificate or degree 

11 program offered by the institution; 

12 ‘‘(V) the process for continuing 

13 postsecondary education— 

14 ‘‘(aa) upon transfer to an15 other facility; or 

16 ‘‘(bb) after the student’s pe17 riod of incarceration or confine18 ment; and 

19 ‘‘(VI) the process for continuing 

20 enrollment at the institution after the 

21 student’s period of incarceration or 

22 confinement, including any barriers to 

23 admission (such as criminal history 

24 questions on applications for admis25 sion to such institution). 

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1 ‘‘(ii) In the case of an institution that 

2 offers a program to prepare incarcerated in3 dividuals for gainful employment in a rec4 ognized occupation (as such term is defined 

5 in section 104)— 

6 ‘‘(I) information on any applica7 ble State licensure and certification re8 quirements, including the requirements 

9 of the State in which the facility in10 volved is located and each State in 

11 which such individuals permanently 

12 reside; and 

13 ‘‘(II) restrictions related to the 

14 employment of formerly incarcerated 

15 individuals for each recognized occupa16 tion for which the course of study pre17 pares students, including such restric18 tions— 

19 ‘‘(aa) in Federal law; and 

20 ‘‘(bb) in the laws of the State 

21 in which the facility involved is 

22 located and each State in which 

23 such individuals permanently re24 side. 

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1 ‘‘(J) The institution submits the informa2 tion described in subparagraph (I) to each facil3 ity involved, the Secretary, and the accrediting 

4 agency or association described in subparagraph 

5 (A)(ii). 

6 ‘‘(2) APPROVAL BY THE SECRETARY.— 

7 ‘‘(A) INITIAL ELIGIBILITY.—With respect to 

8 an institution that seeks to award Federal Pell 

9 Grants to incarcerated individuals under this 

10 subsection, the Secretary shall make an initial 

11 determination about whether such institution 

12 meets the requirements of this subsection, which 

13 shall include a confirmation that the institu14 tion— 

15 ‘‘(i) has secured the approval required 

16 under paragraph (1)(A)(ii); and 

17 ‘‘(ii) meets the requirements of para18 graph (1)(B). 

19 ‘‘(B) ONGOING ELIGIBILITY.—Not later than 

20 5 years after the Secretary makes an initial de21 termination under subparagraph (A) that an in22 stitution meets the requirements of this sub23 section, and not less than every 5 years there24 after, the Secretary shall determine whether such 

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1 institution continues to meet the requirements of 

2 this subsection, based on— 

3 ‘‘(i) a review of the data collected 

4 under paragraph (3) with respect to the 

5 courses of study offered by such institution 

6 in which incarcerated individuals are en7 rolled, and other applicable information 

8 that may be available to the Secretary; and 

9 ‘‘(ii) whether such institution meets the 

10 requirements of paragraph (1). 

11 ‘‘(3) DATA COLLECTION.—The Secretary shall, 

12 on at least an annual basis, collect data with respect 

13 to each course of study offered by each institution at 

14 which incarcerated individuals are enrolled, includ15 ing— 

16 ‘‘(A) the demographics of such individuals; 

17 ‘‘(B) the share of such individuals receiving 

18 Federal Pell Grants; 

19 ‘‘(C) information on the academic outcomes 

20 of such individuals (such as credits attempted 

21 and earned, and credential and degree comple22 tion); 

23 ‘‘(D) to the extent practicable, information 

24 on post-release outcomes of such individuals 

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1 (such as continued postsecondary enrollment, 

2 employment, and recidivism); and 

3 ‘‘(E) any data from student satisfaction 

4 surveys conducted by the institution or the facil5 ity involved regarding such course of study. 

6 ‘‘(4) BEST PRACTICES IN EDUCATING INCARCER7 ATED INDIVIDUALS.—Not later than 3 years after the 

8 date of enactment of the College Affordability Act, and 

9 at least once every 3 years thereafter, the Secretary 

10 shall collect and disseminate to institutions awarding 

11 Federal Pell Grants to incarcerated individuals under 

12 this subsection, best practices with respect to the post13 secondary education of such individuals. 

14 ‘‘(5) DEFINITIONS.—In this subsection: 

15 ‘‘(A) FACILITY.—The term ‘facility’ 

16 means— 

17 ‘‘(i) a place used for the confinement of 

18 individuals convicted of a criminal offense 

19 that is owned by, or under contract to, the 

20 Bureau of Prisons, a State, or a unit of 

21 local government; or 

22 ‘‘(ii) a facility to which an individual 

23 subject to involuntary civil confinement is 

24 committed. 

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1 ‘‘(B) FACILITY INVOLVED.—The term ‘facil2 ity involved’ means, when used with respect to 

3 an institution of higher education, a facility at 

4 which a course of study of the institution is of5 fered to incarcerated individuals. 

6 ‘‘(C) INCARCERATED INDIVIDUAL.—The 

7 term ‘incarcerated individual’ means an indi8 vidual who is incarcerated in a facility or who 

9 is subject to an involuntary civil commitment. 

10 ‘‘(D) NON-INCARCERATED STUDENT.—The 

11 term ‘non-incarcerated student’ means a student 

12 at an institution of higher education who is not 

13 an incarcerated individual.’’. 

14 (b) REPORT ON IMPACTS OF FEDERAL PELL GRANTS

15 AWARDED TO INCARCERATED INDIVIDUALS.— Not later 

16 than 3 years after the date of enactment of this Act, the 

17 Secretary of Education shall submit to the authorizing com18 mittees and make publicly available on the website of the 

19 Department of Education, a report on the impacts of sub20 section (n) of section 401 of the Higher Education Act of 

21 1965 (20 U.S.C. 1070a), as added by this section, based 

22 on the most recent data collected under paragraph (3) of 

23 such subsection (n). 

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1 Subpart 2—Federal Early Outreach and Student 

2 Services Programs 

3 CHAPTER 1—FEDERAL TRIO PROGRAMS 

4 SEC. 4021. PROGRAM AUTHORITY; AUTHORIZATION OF AP5 PROPRIATIONS. 

6 (a) IN GENERAL.—Section 402A of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1070a–11) is amended— 

8 (1) in subsection (b)(3), by striking ‘‘$200,000’’ 

9 and all that follows through the period at the end and 

10 inserting the following: ‘‘$220,000, except that for any 

11 fiscal year for which such minimum individual grant 

12 amount would result in fewer than 2,780 grants 

13 awarded under this chapter, an individual grant au14 thorized under this chapter shall be awarded in an 

15 amount that would result in not fewer than 2,780 

16 grants awarded under this chapter for such fiscal 

17 year.’’; 

18 (2) in subsection (c)— 

19 (A) by amending subparagraph (A) of 

20 paragraph (2) to read as follows: 

21 ‘‘(A) ACCOUNTABILITY FOR OUTCOMES.—In 

22 making grants under this chapter, the Secretary 

23 shall consider each applicant’s prior success in 

24 achieving high-quality service delivery, as deter25 mined under subsection (f) under the particular 

26 program for which funds are sought. The level of 

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1 consideration given the factor of prior success in 

2 achieving high-quality service delivery shall not 

3 vary from the level of consideration given such 

4 factor during fiscal years 1994 through 1997, ex5 cept that grants made under section 402H shall 

6 not be given such consideration.’’; 

7 (B) in paragraph (6)— 

8 (i) in the heading, by striking ‘‘WITH

9 OTHER PROGRAMS FOR DISADVANTAGED

10 STUDENTS’’; and 

11 (ii) by striking the last sentence; 

12 (C) by redesignating paragraphs (7) and 

13 (8) as paragraphs (8) and (9), respectively; 

14 (D) by inserting after paragraph (6) the fol15 lowing: 

16 ‘‘(7) INCLUSION OF HOMELESS AND FOSTER STU17 DENTS.—The Secretary shall, as appropriate, require 

18 each applicant for funds under the programs author19 ized by this chapter (other than the programs author20 ized under section 402E or 402G) to identify and 

21 conduct outreach to foster care youth and homeless in22 dividuals and make available to foster care youth and 

23 homeless individuals services under such programs, 

24 including mentoring, tutoring, and other services pro25 vided by such programs.’’; 

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1 (E) in paragraph (8), as so redesignated, by 

2 striking ‘‘8 months’’ both places it appears and 

3 inserting ‘‘90 days’’; and 

4 (F) in paragraph (9), as so redesignated— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘Not later than 

7 180 days after the date of enactment of 

8 the Higher Education Opportunity 

9 Act,’’ and inserting ‘‘Not less than 90 

10 days before the date on which a com11 petition for a grant under this chapter 

12 begins,’’; 

13 (II) in clause (iii), by striking 

14 ‘‘prior experience’’ and inserting ‘‘ac15 countability for outcomes’’; and 

16 (III) in clause (v), by striking 

17 ‘‘prior experience’’ and inserting ‘‘ac18 countability for outcomes’’; and 

19 (ii) by striking subparagraph (B) and 

20 redesignating subparagraph (C) as subpara21 graph (B); 

22 (iii) in subparagraph (B), as so redes23 ignated, by adding at the end the following: 

24 ‘‘(vii) TECHNICAL COMPONENTS OF AP25 PLICATIONS.— 

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1 ‘‘(I) TREATMENT OF NONSUB2 STANTIVE TECHNICAL COMPONENTS OF

3 APPLICATIONS.—With respect to any 

4 competition for a grant under this 

5 chapter, the Secretary may not reject 

6 grant applications on the sole basis of 

7 a failure to meet page limits and for8 matting standards (including with re9 spect to font size, font style, font type, 

10 line spacing, paragraph justification, 

11 and page margins). 

12 ‘‘(II) TREATMENT OF TECHNICAL

13 BUDGET ERRORS IN APPLICATIONS.— 

14 ‘‘(aa) IN GENERAL.—With 

15 respect to any competition for a 

16 grant under this chapter, the Sec17 retary may not reject grant appli18 cations on the sole basis of a typo19 graphical or rounding error in a 

20 proposed budget until the Sec21 retary has given the applicant an 

22 opportunity for correction in ac23 cordance with item (bb). 

24 ‘‘(bb) NOTICE AND OPPOR25 TUNITY FOR CORRECTION.—The 

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1 Secretary shall provide notice and 

2 identification of an error de3 scribed in item (aa) to the appli4 cant before awarding grants for 

5 each competition and shall allow 

6 the applicant to submit a revised 

7 application that corrects the iden8 tified error. 

9 ‘‘(cc) TREATMENT OF RE10 VISED APPLICATIONS.—The Sec11 retary shall treat the revised ap12 plication in the same manner as 

13 a timely submitted application. 

14 ‘‘(dd) FAILURE TO COR15 RECT.—If an applicant has re16 ceived a notice and opportunity 

17 for correction of a typographical 

18 or rounding error in a proposed 

19 budget in accordance with item 

20 (bb) and the applicant fails to 

21 correct the error and submit a re22 vised application, the Secretary 

23 may reject or penalize that grant 

24 application.’’; 

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

2 following: ‘‘In addition, the Secretary shall host at 

3 least one virtual, interactive training to ensure that 

4 any interested applicants have access to technical as5 sistance.’’; 

6 (4) in subsection (e)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘or’’ at the end of sub9 paragraph (C); 

10 (ii) by striking the period at the end of 

11 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 de16 termined eligible for a Federal Pell Grant authorized 

17 under section 401; or 

18 ‘‘(F) for a grant authorized under section 402B 

19 or 402F of this chapter, documentation that a student 

20 is attending a school that— 

21 ‘‘(i) elects, or for which the local edu22 cational agency serving the school elects on behalf 

23 of the school, to receive special assistance pay24 ment under section 11(a)(1)(F)(ii) of the RichVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00309 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ard B. Russell National School Lunch Act (42 

2 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 U.S.C. 

6 1759a(a)(1)(F))) that meets or exceeds the 

7 threshold described in clause (viii) of such sec8 tion (42 U.S.C. 1759a(a)(1)(F)) during the 

9 school year that ends prior to the first period for 

10 which such grant is awarded.’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘or’’ at the end of sub13 paragraph (C); 

14 (ii) by striking the period at the end of 

15 subparagraph (D) and inserting a semi16 colon; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(E) documentation that the student has been de20 termined to be eligible for a Federal Pell Grant au21 thorized under section 401; or 

22 ‘‘(F) for a grant authorized under section 402B 

23 or 402F of this chapter, documentation that a student 

24 is attending a school that— 

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1 ‘‘(i) elects, or for which the local edu2 cational agency serving the school elects on behalf 

3 of the school, to receive special assistance pay4 ment under section 11(a)(1)(F)(ii) of the Rich5 ard B. Russell National School Lunch Act (42 

6 U.S.C. 1759a(a)(1)(F)(ii)); or 

7 ‘‘(ii) had a percentage of enrolled students 

8 who were identified students (defined in clause 

9 (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 

10 1759a(a)(1)(F))) that meets or exceeds the 

11 threshold described in clause (viii) of such sec12 tion (42 U.S.C. 1759a(a)(1)(F)) during the 

13 school year that ends prior to the first period for 

14 which such grant is awarded.’’; 

15 (5) in subsection (f)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘PRIOR EXPERIENCE’’ 

18 and inserting ‘‘ACCOUNTABILITY IN OUT19 COMES’’ in the heading; 

20 (ii) by striking ‘‘on or after January 

21 1, 2009’’ and inserting ‘‘on or after the date 

22 of enactment of the College Affordability 

23 Act’’; and 

24 (iii) by striking ‘‘prior experience of’’ 

25 and inserting ‘‘success in achieving’’; 

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1 (B) in paragraph (2), by striking ‘‘college 

2 students, and’’ and inserting ‘‘college students, 

3 foster care youth, homeless individuals, and’’; 

4 and 

5 (C) in paragraph (3)— 

6 (i) in subparagraph (A)— 

7 (I) in clause (iv), by striking 

8 ‘‘will make such students eligible for 

9 programs such as the Academic Com10 petitiveness Grants Program’’ and in11 serting ‘‘includes at least 4 years of 

12 mathematics, 3 years of science, and 2 

13 years of a foreign language’’; 

14 (II) by redesignating clauses (v) 

15 and (vi) as clauses (vi) and (vii), re16 spectively; and 

17 (III) by inserting after clause (iv) 

18 the following: 

19 ‘‘(v) the completion of financial aid 

20 applications, including the Free Applica21 tion for Federal Student Aid described in 

22 section 483(a) and college admissions appli23 cations;’’. 

24 (ii) in subparagraph (B)— 

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1 (I) by inserting ‘‘except in the 

2 case of programs that specifically tar3 get veterans,’’ after ‘‘under section 

4 402C,’’; 

5 (II) in clause (v), by striking 

6 ‘‘will make such students eligible for 

7 programs such as the Academic Com8 petitiveness Grants Program’’ and in9 serting ‘‘includes at least 4 years of 

10 mathematics, 3 years of science, and 2 

11 years of a foreign language’’; 

12 (III) by redesignating clauses (vi) 

13 and (vii) as clauses (vii) and (viii), re14 spectively; and 

15 (IV) by inserting after clause (v) 

16 the following: 

17 ‘‘(vi) the completion of financial aid 

18 applications, including the Free Applica19 tion for Federal Student Aid described in 

20 section 483(a) and college admission appli21 cations;’’; 

22 (iii) by redesignating subparagraphs 

23 (C), (D), and (E), as subparagraphs (D), 

24 (E), and (F), respectively; 

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1 (iv) by inserting after subparagraph 

2 (B) the following: 

3 ‘‘(C) For programs authorized under section 

4 402C that specifically target veterans, the extent 

5 to which the eligible entity met or exceeded the 

6 entity’s objectives for such program regarding— 

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

8 number of students served by the program, 

9 as agreed upon by the entity and the Sec10 retary for the period of the program; 

11 ‘‘(ii) such students’ academic perform12 ance as measured by standardized tests; 

13 ‘‘(iii) the retention and completion of 

14 participants in the program; 

15 ‘‘(iv) the provision of assistance to stu16 dents served by the program in completing 

17 financial aid applications, including the 

18 Free Application for Federal Student Aid 

19 described in section 483(a) and college ad20 mission applications; 

21 ‘‘(v) the enrollment of such students in 

22 an institution of higher education; and 

23 ‘‘(vi) to the extent practicable, the post24 secondary completion of such students.’’; 

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1 (v) in subparagraph (D)(ii), as redes2 ignated in clause (iii)— 

3 (I) in subclause (I), by striking 

4 ‘‘in which such students were enrolled’’ 

5 and inserting ‘‘at any baccalaureate 

6 granting institution within 6 years of 

7 initial enrollment in the project’’; and 

8 (II) in subclause (II), by striking 

9 items (aa) and (bb) and inserting the 

10 following: 

11 ‘‘(aa) the transfer of such students 

12 to institutions of higher education that 

13 offer baccalaureate degrees, regardless 

14 of whether the transferring student 

15 completes a degree or certificate; or 

16 ‘‘(bb) the completion of a degree or 

17 certificate by such students at any ac18 credited institution within 4 years of 

19 initial enrollment in the project;’’; 

20 (vi) in subparagraph (E), as redesig21 nated— 

22 (I) in clause (iii), by striking ‘‘; 

23 and’’ and inserting ‘‘within 2 years of 

24 receiving the baccalaureate degree;’’; 

25 and 

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1 (II) in clause (iv), by striking 

2 ‘‘graduate study and the attainment of 

3 doctoral degrees by former program 

4 participants.’’ and inserting ‘‘graduate 

5 study; and 

6 ‘‘(v) the attainment of doctoral degrees 

7 by former program participants within 10 

8 years of receiving the baccalaureate de9 gree.’’; and 

10 (vii) in subparagraph (F), as redesig11 nated— 

12 (I) in clause (i), by inserting 

13 ‘‘within 2 years of service’’ before the 

14 semicolon; and 

15 (II) in clause (ii), by inserting 

16 ‘‘or re-enrollment’’ after ‘‘the enroll17 ment’’; 

18 (6) in subsection (g)— 

19 (A) by striking ‘‘$900,000,000 for fiscal 

20 year 2009 and such sums as may be necessary 

21 for each of the five succeeding fiscal years.’’ and 

22 inserting ‘‘$1,120,000,000 for fiscal year 2021, 

23 and each of the 5 succeeding fiscal years. The 

24 amount authorized to be appropriated in the 

25 preceding sentence for fiscal year 2022 and each 

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1 of the 4 succeeding fiscal years shall be deemed 

2 increased by the annual adjustment percentage. 

3 For purposes of this subsection, the term ‘adjust4 ment percentage’ as applied to a fiscal year, 

5 means the estimated percentage change in the 

6 Consumer Price Index (as determined by the 

7 Secretary, using the definition in section 478(f)) 

8 for the most recent calendar year ending before 

9 the beginning of that fiscal year.’’; 

(B) by striking ‘‘1 10 ⁄2 of’’; 

11 (C) by striking ‘‘, and to provide’’ and in12 serting ‘‘, to provide’’; and 

13 (D) by striking ‘‘current grantees.’’ and all 

14 that follows through ‘‘additional readers.’’ and 

15 inserting ‘‘current grantees, and to carry out the 

16 requirements of subsection (c)(9)(A).’’; 

17 (7) in subsection (h)— 

18 (A) by striking paragraph (4) and inserting 

19 the following: 

20 ‘‘(4) HOMELESS INDIVIDUAL.—The term ‘home21 less individual’ has the meaning given the term 

22 ‘homeless children and youth’ under section 725 of the 

23 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

24 11434a). 

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1 ‘‘(5) LOW-INCOME INDIVIDUAL.—The term ‘low2 income individual’ means— 

3 ‘‘(A) an individual from a family whose 

4 taxable income for the preceding year did not ex5 ceed 150 percent of the poverty line applicable to 

6 the individual’s family size as determined under 

7 section 673(2) of the Community Services Block 

8 Grant Act (42 U.S.C. 9902(2)); 

9 ‘‘(B) an individual whose taxable income as 

10 reported on the individual’s most recently com11 pleted Free Application for Federal Student Aid 

12 under section 483(a) did not exceed 150 percent 

13 of such poverty line; 

14 ‘‘(C) an individual who has been deter15 mined to be eligible for a Federal Pell Grant au16 thorized under section 401; or 

17 ‘‘(D) for grants authorized under 402B and 

18 402F of this chapter, a student who is attending 

19 a school that— 

20 ‘‘(i) elects, or for which the local edu21 cational agency serving the school elects on 

22 behalf of the school, to receive special assist23 ance payment under section 11(a)(1)(F)(ii) 

24 of the Richard B. Russell National School 

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1 Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); 

2 or 

3 ‘‘(ii) had a percentage of enrolled stu4 dents who were identified students (defined 

5 in clause (i) of section 11(a)(1)(F) of such 

6 Act (42 U.S.C. 1759a(a)(1)(F))) that meets 

7 or exceeds the threshold described in clause 

8 (viii) of such section (42 U.S.C. 

9 1759a(a)(1)(F)) during the school year that 

10 ends prior to the first year of the period for 

11 which such grant is awarded.’’; 

12 (B) by redesignating paragraph (5) as sub13 section (i) and subparagraphs (A) through (D) 

14 as paragraphs (1) through (4); and 

15 (C) by redesignating paragraph (6) as sub16 section (j); and 

17 (8) in subsection (j), as redesignated, by striking 

18 ‘‘subparagraph (A), (B), or (C) of paragraph (5)’’ 

19 and inserting ‘‘paragraph (1), (2), or (3) of sub20 section (i)’’. 

21 (b) CONFORMING AMENDMENTS.—Chapter 1 of sub22 part 2 of part A of title IV of the Higher Education Act 

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

24 (1) by striking ‘‘homeless children and youths as 

25 defined in section 725 of the McKinney-Vento HomeVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 less Assistance Act’’ each place it appears and insert2 ing ‘‘homeless individuals’’; and 

3 (2) by striking ‘‘homeless children and youths (as 

4 such term is defined in section 725 of the McKinney5 Vento Homeless Assistance Act (42 U.S.C. 11434a))’’ 

6 each place it appears and inserting ‘‘homeless indi7 viduals’’. 

8 SEC. 4022. TALENT SEARCH. 

9 Section 402B of the Higher Education Act of 1965 (20 

10 U.S.C. 1070a–12) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by striking ‘‘and’’ at 

13 the end; 

14 (B) by redesignating paragraph (3) as 

15 paragraph (4); and 

16 (C) by inserting after paragraph (2) the fol17 lowing: 

18 ‘‘(3) to advise such youths regarding the postsec19 ondary education selection process, including consid20 eration of financial aid awards offered, potential Fed21 eral loan burden, and likelihood of graduating; and’’; 

22 (2) in subsection (b)— 

23 (A) by striking ‘‘and’’ at the end of para24 graph (5); and 

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1 (B) by striking paragraph (6) and inserting 

2 the following: 

3 ‘‘(6) education or counseling services to assist 

4 students and their families regarding career choice; 

5 and 

6 ‘‘(7) connections to programs providing financial 

7 literacy and economic literacy so that students and 

8 their families are able to make informed choices re9 garding postsecondary education, including consid10 ering degree choices and potential Federal loan bur11 dens.’’; 

12 (3) in subsection (c)(2), by striking ‘‘career’’ and 

13 inserting ‘‘academic’’; and 

14 (4) in subsection (d)— 

15 (A) in paragraph (3), by striking ‘‘and’’ 

16 after the semicolon; 

17 (B) in paragraph (4), by striking the period 

18 at the end and inserting a semicolon; and 

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

20 ‘‘(5) require an assurance that the entity car21 rying out the project has reviewed and revised policies 

22 and practices as needed to remove barriers to the par23 ticipation and retention in the project of homeless in24 dividuals, including unaccompanied youth and foster 

25 care youth; 

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1 ‘‘(6) require that such entity submit, as part of 

2 the application for the project, a description of the ac3 tivities that will be undertaken to reach out to such 

4 homeless individuals and foster care youth as part of 

5 the project; and 

6 ‘‘(7) require an assurance that such entity will 

7 prepare and submit the report required under section 

8 402H(e) at the conclusion of the project regarding 

9 such homeless individuals and foster care youth.’’. 

10 SEC. 4023. UPWARD BOUND. 

11 Section 402C of the Higher Education Act of 1965 (20 

12 U.S.C. 1070a–13) is amended— 

13 (1) in subsection (b), by striking paragraphs (5) 

14 and (6) and inserting the following: 

15 ‘‘(5) assistance to students and their families re16 garding career choice; 

17 ‘‘(6) education or counseling services designed to 

18 improve the financial literacy and economic literacy 

19 of students or the students’ parents in order to aid 

20 them in making informed decisions about the postsec21 ondary education selection process and assist students 

22 and their families in making informed choices regard23 ing the postsecondary education selection process; and 

24 ‘‘(7) in the case of such a project that is not spe25 cifically designed for veterans, as part of core curVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00322 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 riculum, instruction in mathematics through pre-cal2 culus, science, foreign language, language arts, and 

3 literature, and in the case of such a project that is 

4 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 redes8 ignating 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 period 

2 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 policies 

6 and practices as needed to remove barriers to the par7 ticipation and retention in the project of homeless in8 dividuals, including unaccompanied youth and foster 

9 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 indi13 viduals and foster care youth regarding the project; 

14 and 

15 ‘‘(8) require an assurance that such entity will 

16 prepare and submit the report required under section 

17 402H(e) at the conclusion of the project regarding 

18 such homeless individuals and foster care youth.’’; 

19 and 

20 (5) in subsection (e), as so redesignated— 

21 (A) by striking ‘‘$60’’ and inserting ‘‘$90’’; 

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

23 ‘‘$450’’; 

24 (C) by striking ‘‘$40’’ and inserting ‘‘$60’’; 

25 and 

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

2 ‘‘Adults participating in a project specifically 

3 targeting veterans under this section may be 

4 paid stipends not in excess of $100 per month 

5 during the year.’’. 

6 SEC. 4024. STUDENT SUPPORT SERVICES. 

7 Section 402D of the Higher Education Act of 1965 (20 

8 U.S.C. 1070a–14) is amended— 

9 (1) in subsection (a)— 

10 (A) in paragraph (3), by striking ‘‘limited 

11 English proficient’’ and inserting ‘‘low-income 

12 and first generation college students, including 

13 limited English proficient students’’; and 

14 (B) in paragraph (4), by striking ‘‘, includ15 ing—’’ and all that follows through the end of 

16 the paragraph and inserting a period; 

17 (2) in subsection (b)— 

18 (A) in paragraph (4), by striking ‘‘includ19 ing financial planning for postsecondary edu20 cation;’’ and inserting ‘‘including— 

21 ‘‘(A) financial planning for postsecondary 

22 education, including loan burdens required, re23 payment options, and expected earnings in po24 tential career fields; 

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1 ‘‘(B) basic personal income, household 

2 money management, and financial planning 

3 skills; and 

4 ‘‘(C) basic economic decisionmaking skills.’’; 

5 (B) in paragraph (5), by striking ‘‘and’’ at 

6 the end; 

7 (C) in paragraph (6), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

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

10 ‘‘(7) basic and emergency supplemental living 

11 assistance grants in accordance with subsection (f).’’; 

12 (3) in subsection (e)— 

13 (A) in paragraph (5), by striking ‘‘and’’ 

14 after the semicolon; 

15 (B) in paragraph (6)(B), by striking the pe16 riod at the end and inserting a semicolon; and 

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

18 ‘‘(7) require an assurance that the entity car19 rying out the project has reviewed and revised policies 

20 and practices as needed to remove barriers to the par21 ticipation and retention in the project of homeless in22 dividuals, including unaccompanied youth and foster 

23 care youth; 

24 ‘‘(8) require that such entity submit, in the ap25 plication for the project, a description of the activities 

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1 that will be undertaken to reach out to such homeless 

2 individuals and foster care youth, who are enrolled or 

3 accepted for enrollment at the institution; and 

4 ‘‘(9) require an assurance that such entity will 

5 prepare and submit the report required under section 

6 402H(e) at the conclusion of the project regarding 

7 such homeless individuals and foster care youth.’’; 

8 and 

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

10 ‘‘(f) BASIC AND EMERGENCY SUPPLEMENTAL LIVING

11 ASSISTANCE GRANTS.— 

12 ‘‘(1) IN GENERAL.—In carrying out the activities 

13 required under subsection (b)(7) with a grant received 

14 under this section, the recipient of such grant shall 

15 provide basic and emergency supplemental living as16 sistance grants to assist students who are current par17 ticipants in the student support services program of18 fered by the institution (in this subsection referred to 

19 as ‘eligible students’)— 

20 ‘‘(A) in the case of a basic supplemental liv21 ing assistance grant, in covering reasonable, an22 ticipated expenses necessary for the completion of 

23 an academic year of the students’ first under24 graduate baccalaureate course of study; and 

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1 ‘‘(B) in the case of an emergency supple2 mental living assistance grant, in covering rea3 sonable, unanticipated expenses necessary for the 

4 students to persist in college during such aca5 demic year. 

6 ‘‘(2) AMOUNT OF GRANTS.—The recipient may 

7 determine— 

8 ‘‘(A) the appropriate division of the funds 

9 between basic and emergency supplemental as10 sistance grants, except that funds shall be pro11 vided for both basic and emergency grants; 

12 ‘‘(B) the amount of each such grant and the 

13 total grant funds that an eligible student may 

14 receive, except that a student may not receive 

15 more than a total of $500 in emergency supple16 mental assistance grants per academic year; and 

17 ‘‘(C) the anticipated and unanticipated ex18 penses referred to in paragraph (1) that such 

19 grants will cover based on the needs of eligible 

20 students, which— 

21 ‘‘(i) may vary by factors including 

22 academic year, housing, parental status, lo23 cation in urban or rural area, or other cir24 cumstances; and 

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1 ‘‘(ii) for an individual student, may 

2 cover— 

3 ‘‘(I) any component of the cost of 

4 attendance for the student; 

5 ‘‘(II) an allowance for actual or 

6 expected expenses incurred for depend7 ent care that exceeds such expenses de8 termined for the student under section 

9 472(8); 

10 ‘‘(III) an allowance for actual or 

11 expected expenses for transportation 

12 that exceeds such expenses determined 

13 for the student under section 472; and 

14 ‘‘(IV) personal items or expenses 

15 not otherwise covered by the cost of at16 tendance for the student. 

17 ‘‘(3) PERCENTAGE OF TOTAL FUNDS.—The re18 cipient may use not more than 2 percent of the funds 

19 awarded under this section for grants under this sub20 section. 

21 ‘‘(4) DETERMINATION OF NEED.—A grant pro22 vided to a student under this subsection shall not be 

23 considered in determining that student’s need for 

24 grant or work assistance under this title, except that 

25 in no case shall the total amount of student financial 

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1 assistance awarded to a student under this title exceed 

2 that student’s cost of attendance by more than $500. 

3 ‘‘(5) CONSULTATION.—In making grants to stu4 dents under this subsection, an institution shall en5 sure that adequate consultation takes place between 

6 the student support service program office and the in7 stitution’s financial aid office. 

8 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds re9 ceived by a grant recipient that are used under this 

10 subsection shall be used to supplement, and not sup11 plant, non-Federal funds expended for student sup12 port services programs. 

13 ‘‘(7) FUNDS.—For a fiscal year for which the 

14 funds allocated for projects authorized under this sec15 tion from the amounts appropriated pursuant to the 

16 authority of section 402A(g) exceeds the funds allo17 cated for such purpose for fiscal year 2020, not more 

18 than 2 percent of such excess funds may be made 

19 available for grants under this subsection.’’. 

20 SEC. 4025. POSTBACCALAUREATE ACHIEVEMENT PROGRAM 

21 AUTHORITY. 

22 Section 402E of the Higher Education Act of 1965 (20 

23 U.S.C. 1070a–15) is amended— 

24 (1) in subsection (b)(2)— 

25 (A) by striking ‘‘summer’’; and 

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1 (B) by inserting ‘‘or faculty-led research ex2 periences’’ before the semicolon; 

3 (2) in subsection (d)(4)— 

4 (A) by striking ‘‘summer’’; and 

5 (B) by inserting ‘‘or faculty-led experiences 

6 who have stipends’’ after ‘‘internships’’; and 

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

8 inserting ‘‘$4,000’’. 

9 SEC. 4026. EDUCATIONAL OPPORTUNITY CENTERS. 

10 Section 402F of the Higher Education Act of 1965 (20 

11 U.S.C. 1070a–16) is amended— 

12 (1) in subsection (a)(1), by striking ‘‘pursue’’ 

13 and inserting ‘‘begin or re-enter’’; 

14 (2) in subsection (b)(5), by striking ‘‘students;’’ 

15 and inserting ‘‘students, including— 

16 ‘‘(A) financial planning for postsecondary 

17 education, including student loan debt, repay18 ment options, and expected earnings in potential 

19 career fields; 

20 ‘‘(B) basic personal income, household 

21 money management, and financial planning 

22 skills; and 

23 ‘‘(C) basic economic decisionmaking skills;’’; 

24 and 

25 (3) in subsection (c)— 

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

2 after the semicolon; 

3 (B) in paragraph (3), by striking the period 

4 at the end and inserting a semicolon; and 

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

6 ‘‘(4) require an assurance that the entity car7 rying out the project has reviewed and revised policies 

8 and practices as needed to remove barriers to the par9 ticipation and retention in the project of homeless in10 dividuals, including unaccompanied youth and foster 

11 care youth; 

12 ‘‘(5) require that such entity submit, as part of 

13 the application, a description of the activities that 

14 will be undertaken to reach out to such homeless indi15 viduals and foster care youth regarding the project; 

16 and 

17 ‘‘(6) require an assurance that such entity will 

18 prepare and submit the report required under section 

19 402H(e) at the conclusion of the project regarding 

20 such homeless individuals and foster care youth.’’. 

21 SEC. 4027. STAFF DEVELOPMENTAL ACTIVITIES. 

22 Section 402G(b) of the Higher Education Act of 1965 

23 (20 U.S.C. 1070a–17(b)) is amended— 

24 (1) by inserting ‘‘webinars, online classes,’’ after 

25 ‘‘seminars, workshops,’’; 

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1 (2) by striking ‘‘new directors’’ and inserting 

2 ‘‘staff’’; 

3 (3) by redesignating paragraphs (1) through (5) 

4 as paragraphs (2) through (6), respectively; 

5 (4) by inserting before paragraph (2), as so re6 designated, the following: 

7 ‘‘(1) Legislative and regulatory requirements and 

8 program management for new directors of programs 

9 funded under this chapter.’’; 

10 (5) in paragraph (2), as redesignated, by insert11 ing ‘‘for continuing directors and staff of programs’’ 

12 after ‘‘operation of programs’’; and 

13 (6) in paragraph (4), as redesignated, by strik14 ing ‘‘model programs’’ and inserting ‘‘innovations’’. 

15 SEC. 4028. REPORTS AND EVALUATIONS. 

16 (a) OTHER REPORTING REQUIREMENTS.—Section 

17 402H of the Higher Education Act of 1965 (20 U.S.C. 

18 1070a–18) is further amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (A), by striking ‘‘, 

22 including a rigorous evaluation of the pro23 grams and projects assisted under section 

24 402C. The evaluation of the programs and 

25 projects assisted under section 402C shall be 

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1 implemented not later than June 30, 2010’’ 

2 and inserting ‘‘The issues such evaluations 

3 shall measure shall include the effectiveness 

4 of programs and projects assisted under this 

5 chapter in— 

6 ‘‘(i) meeting or exceeding the stated ob7 jectives regarding the outcome criteria 

8 under section 402A(f); 

9 ‘‘(ii) enhancing the access of low-in10 come individuals and first-generation col11 lege students to postsecondary education; 

12 ‘‘(iii) preparing individuals for post13 secondary education; and 

14 ‘‘(iv) comparing students who partici15 pate in the programs funded under this 

16 chapter with students who do not partici17 pate in such programs with respect to— 

18 ‘‘(I) level of education completed; 

19 ‘‘(II) retention rates; 

20 ‘‘(III) graduation rates; 

21 ‘‘(IV) college admission and com22 pletion rates; and 

23 ‘‘(V) other issues as the Secretary 

24 considers appropriate.’’; and 

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1 (ii) in subparagraph (C), by inserting 

2 ‘‘and take into account the agreed upon tar3 get determined under section 402A(f)(4)’’ 

4 before the period; and 

5 (B) by amending paragraph (2) to read as 

6 follows: 

7 ‘‘(2) PRACTICES.—The evaluations described in 

8 paragraph (1) shall identify institutional, commu9 nity, and program or project practices that are effec10 tive in— 

11 ‘‘(A) enhancing the access of low-income in12 dividuals and first-generation college students to 

13 postsecondary education; 

14 ‘‘(B) the preparation of such individuals 

15 and students for postsecondary education; 

16 ‘‘(C) fostering the success of the individuals 

17 and students in postsecondary education; and 

18 ‘‘(D) for programs and projects assisted 

19 under section 402C, the characteristics of stu20 dents who benefit most from such programs and 

21 projects.’’; and 

22 (2) in subsection (d), by inserting ‘‘, including 

23 the authorizing committees’’ before the period. 

24 (b) HOMELESS INDIVIDUALS AND FOSTER CARE

25 YOUTH.—Section 402H of the Higher Education Act of 

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1 1965 (20 U.S.C. 1070a–18) is further amended by adding 

2 at the end the following: 

3 ‘‘(e) REPORT REGARDING HOMELESS INDIVIDUALS

4 AND FOSTER CARE YOUTH.—Each entity carrying out a 

5 project under section 402B, 402C, 402D, or 402F shall, at 

6 the conclusion of the project, prepare and submit a report 

7 to the Secretary that includes— 

8 ‘‘(1) where available, data on the number of 

9 homeless individuals and foster care youth served 

10 through the project; and 

11 ‘‘(2) a description of any strategies or program 

12 enhancements that were used in the project and that 

13 were effective in meeting the needs of such homeless 

14 individuals and foster care youth.’’. 

15 CHAPTER 2—GAINING EARLY AWARENESS 

16 AND READINESS FOR UNDER17 GRADUATE PROGRAMS 

18 SEC. 4031. GAINING EARLY AWARENESS AND READINESS 

19 FOR UNDERGRADUATE PROGRAMS. 

20 Chapter 2 of subpart 2 of part A of title IV of the 

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

22 is amended— 

23 (1) in section 404A (20 U.S.C. 1070a–21)— 

24 (A) in the matter preceding subparagraph 

25 (A) of subsection (a)(1), by inserting ‘‘, includVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00336 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ing for college readiness’’ after ‘‘academic sup2 port’’; and 

3 (B) in subsection (b)— 

4 (i) by amending paragraph (3) to read 

5 as follows: 

6 ‘‘(3) PRIORITY.—In making awards to eligible 

7 entities described in subsection (c), the Secretary may 

8 give a competitive priority— 

9 ‘‘(A) to eligible entities that— 

10 ‘‘(i) on the day before the date of enact11 ment of the College Affordability Act, car12 ried out successful educational opportunity 

13 programs under this chapter (as this chap14 ter was in effect on such day); and 

15 ‘‘(ii) have a prior, demonstrated com16 mitment to early intervention leading to 

17 college access and readiness through collabo18 ration and replication of successful strate19 gies; or 

20 ‘‘(B) to eligible entities that ensure that stu21 dents that received assistance under this chapter 

22 on the day before the date of enactment of the 

23 College Affordability Act continue to receive such 

24 assistance through the completion of secondary 

25 school.’’; 

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1 (ii) by adding at the end the following: 

2 ‘‘(4) MULTIPLE AWARD PROHIBITION.— 

3 ‘‘(A) IN GENERAL.—An eligible entity de4 scribed in subsection (c)(1) that receives a grant 

5 under this chapter shall not be eligible to receive 

6 an additional grant under this chapter until 

7 after the date on which the grant period with re8 spect to such grant expires. 

9 ‘‘(B) EXCEPTION FOR NO-COST EXTEN10 SION.—Notwithstanding subparagraph (A), an 

11 eligible entity described in subsection (c)(1) that 

12 receives a grant under this chapter that has been 

13 extended under section 75.261 of title 34, Code of 

14 Federal Regulations may receive an additional 

15 grant under this chapter prior to the date on 

16 which the grant period applicable to such exten17 sion expires.’’; and 

18 (2) in section 404B (20 U.S.C. 1070a–22)— 

19 (A) in subsection (a), in the matter pre20 ceding paragraph (1), by inserting ‘‘(except with 

21 respect to continuation awards under this chap22 ter)’’ after ‘‘grants’’; and 

23 (B) in subsection (d)(1)— 

24 (i) in subparagraph (A), by inserting 

25 ‘‘and’’ after the semicolon; 

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

2 ‘‘; and’’ and inserting a period; and 

3 (iii) by striking subparagraph (C); 

4 (3) in section 404C (20 U.S.C. 1070a–23)— 

5 (A) in subsection (a)(2)— 

6 (i) in subparagraph (I), by striking 

7 ‘‘and’’ after the semicolon; 

8 (ii) in subparagraph (J), by striking 

9 the period at the end and inserting a semi10 colon; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(K) provide an assurance that the eligible 

14 entity has reviewed and revised policies and 

15 practices as needed to remove barriers to the par16 ticipation and retention of homeless individuals 

17 (as defined in section 402A) in the program, in18 cluding unaccompanied youth and foster care 

19 youth; 

20 ‘‘(L) describe the activities that will be un21 dertaken to reach out to such homeless individ22 uals and foster care youth as part of the pro23 gram; and 

24 ‘‘(M) provide an assurance that the eligible 

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1 quired under section 404G(c) at the conclusion of 

2 the grant regarding such homeless individuals 

3 and foster care youth.’’; 

4 (B) in subsection (b)(1)(A)— 

5 (i) by inserting ‘‘matching funds’’ after 

6 ‘‘will provide’’; 

7 (ii) by inserting ‘‘equaling’’ after ‘‘pri8 vate funds,’’; and 

9 (iii) by striking ‘‘the cost of the pro10 gram, which matching funds’’ and inserting 

11 ‘‘the total Federal grant award under this 

12 chapter, which’’; 

13 (C) in subsection (c)(1), by inserting ‘‘at 

14 any point during the grant award period’’ after 

15 ‘‘obligated to students’’; and 

16 (D) by striking subsection (d) and inserting 

17 the following: 

18 ‘‘(d) PEER REVIEW PANELS AND COMPETITIONS.—The 

19 Secretary shall— 

20 ‘‘(1) convene peer review panels to assist in mak21 ing determinations regarding the awarding of grants 

22 under this chapter; and 

23 ‘‘(2) host a grant competition to make new 

24 awards under this chapter in any year in which there 

25 are funds available to make new awards.’’; 

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1 (4) in section 404D (20 U.S.C. 1070a–24)— 

2 (A) in subsection (b)— 

3 (i) in paragraph (1), by striking ‘‘or 

4 former participants of a program under 

5 this chapter’’ and inserting ‘‘, former par6 ticipants of a program under this chapter, 

7 or peers and near peers’’; 

8 (ii) in paragraph (3), by inserting 

9 ‘‘academic, social, and postsecondary plan10 ning’’ after ‘‘supportive’’; 

11 (iii) in paragraph (10)— 

12 (I) by redesignating subpara13 graphs (E) through (K) as subpara14 graphs (F) through (L), respectively; 

15 (II) by inserting after subpara16 graph (D) the following: 

17 ‘‘(E) counseling or referral services to ad18 dress the behavioral, social-emotional, and men19 tal health needs of at-risk students;’’; 

20 (III) in subparagraph (I), as re21 designated by subclause (I), by insert22 ing ‘‘, cognitive, non-cognitive, and 

23 credit-by-examination’’ after ‘‘skills’’; 

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1 (IV) in subparagraph (K), as re2 designated by subclause (I), by striking 

3 ‘‘and’’ after the semicolon; 

4 (V) in subparagraph (L), as re5 designated by subclause (I), by striking 

6 the period at the end and inserting ‘‘; 

7 and’’; and 

8 (VI) by adding at the end the fol9 lowing: 

10 ‘‘(M) capacity building activities that create 

11 college-going cultures in participating schools 

12 and local educational agencies.’’; and 

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

14 ‘‘(16) Creating or expanding secondary school 

15 drop-out recovery programs that allow students who 

16 have dropped out of secondary school to complete a 

17 regular secondary school diploma and begin college18 level work. 

19 ‘‘(17) Establishing data collection and data shar20 ing agreements to obtain, analyze, and report postsec21 ondary outcome data for eligible students for a period 

22 of not more than 72 months after the end of the grant 

23 award period, which may include postsecondary en24 rollment, persistence, and completion data. 

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1 ‘‘(18) Establishing or maintaining an agreement 

2 with a consortium of eligible entities described in sec3 tion 404A(c) to— 

4 ‘‘(A) foster collaborative approaches to re5 search and evaluation; 

6 ‘‘(B) improve the quality of data collection, 

7 data sharing, analysis and reporting; and 

8 ‘‘(C) apply evidence to improve programs 

9 and evaluation under this chapter. 

10 ‘‘(19) Facilitating the recruitment, participa11 tion, and retention of homeless individuals (as defined 

12 in section 402A) and foster care youth in the services 

13 provided under this chapter, including— 

14 ‘‘(A) establishing partnerships with commu15 nity-based organizations, child welfare agencies, 

16 homeless shelters, and local educational agency 

17 liaisons for homeless individuals to identify such 

18 individuals and youth, improve policies and 

19 practices, and to establish data sharing agree20 ments; 

21 ‘‘(B) carrying out activities (consistent with 

22 the McKinney-Vento Homeless Assistance Act (42 

23 U.S.C. 11301 et seq.)) to facilitate continued 

24 participation of students who are no longer en25 rolled in a school served under this chapter due 

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1 to changes in residence resulting from homeless2 ness or foster care placement, including— 

3 ‘‘(i) allowing continued participation 

4 when such a student is no longer enrolled, 

5 on a temporary basis, in a school served 

6 under this chapter; or 

7 ‘‘(ii) providing transitional services 

8 and referrals when such a student is no 

9 longer enrolled, on a permanent basis, in a 

10 school served under this chapter; and 

11 ‘‘(C) carrying out other activities to meet 

12 the needs of such homeless individuals and foster 

13 care youth. 

14 ‘‘(20) Providing services under this chapter to 

15 students who have received services under a previous 

16 grant award under this chapter but have not yet com17 pleted grade 12.’’; 

18 (B) in subsection (c)— 

19 (i) in paragraph (3), by inserting 

20 ‘‘and technical assistance’’ after ‘‘support’’; 

21 and 

22 (ii) by striking paragraph (9); and 

23 (C) in subsection (d)— 

24 (i) in paragraph (3), by striking ‘‘or’’; 

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1 (ii) by redesignating paragraph (4) as 

2 paragraph (5); and 

3 (iii) by inserting after paragraph (3) 

4 the following: 

5 ‘‘(4) eligible for free or reduced-price lunch under 

6 the Richard B. Russell National School Lunch Act 

7 (42 U.S.C. 1751 et seq.); or’’; 

8 (5) in section 404E (20 U.S.C. 1070a–25)— 

9 (A) in subsection (a)— 

10 (i) by redesignating paragraph (2) as 

11 paragraph (3); 

12 (ii) by inserting after paragraph (1) 

13 the following: 

14 ‘‘(2) APPLICATION REQUIREMENTS.— 

15 ‘‘(A) PLAN FOR MAINTENANCE OF FINAN16 CIAL ASSISTANCE.—An eligible entity proposing 

17 to establish or maintain a financial assistance 

18 program providing scholarships for students as19 sisted by the program of the eligible entity under 

20 this chapter shall include a plan regarding the 

21 financial application program with the applica22 tion submitted under section 404C. 

23 ‘‘(B) SCHOLARSHIP DETAILS.—Under a 

24 plan described in subparagraph (A), an eligible 

25 entity— 

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1 ‘‘(i) may elect to offer 1 or more types 

2 of scholarships; and 

3 ‘‘(ii) shall describe, for each type of 

4 scholarship— 

5 ‘‘(I) the minimum and maximum 

6 awards for the scholarships, consistent 

7 with subsection (d), based on criteria 

8 and disbursement priorities established 

9 by the eligible entity; 

10 ‘‘(II) the duration of the scholar11 ships, which may be single-year or 

12 multi-year awards; 

13 ‘‘(III) the enrollment requirements 

14 for participating students, which may 

15 include providing scholarships for par16 ticipating students who are enrolled in 

17 an institution of higher education on 

18 less than a full-time basis during any 

19 award year; and 

20 ‘‘(IV) any additional student eli21 gibility criteria established by the eligi22 ble entity for earning and maintaining 

23 scholarships under this section, includ24 ing— 

25 ‘‘(aa) financial need; 

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1 ‘‘(bb) meeting participation 

2 milestones in the activities offered 

3 by the eligible entity under section 

4 404D; 

5 ‘‘(cc) meeting and maintain6 ing satisfactory academic mile7 stones; and 

8 ‘‘(dd) other criteria aligned 

9 with State and local goals to 

10 incentivize postsecondary readi11 ness, access, and success.’’; and 

12 (iii) in paragraph (3), as redesignated 

13 by clause (i), by striking ‘‘may award’’ and 

14 inserting ‘‘may use not less than 10 percent 

15 and not more than 50 percent of funds 

16 made available under this chapter to 

17 award’’; 

18 (B) in subsection (b)— 

19 (i) in the subsection heading, by strik20 ing ‘‘LIMITATION’’ and inserting ‘‘STATE

21 LIMITATION’’; and 

22 (ii) in paragraph (2), by striking ‘‘eli23 gible entity demonstrates’’ and all that fol24 lows through the period at the end and in25 serting the following: ‘‘eligible entity— 

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1 ‘‘(A) demonstrates that the eligible entity 

2 has another means of providing the students 

3 with the financial assistance described in this 

4 section or eligible students have reasonable access 

5 to State and local financial assistance programs; 

6 and 

7 ‘‘(B) describes such means or access in the 

8 application submitted under section 404C.’’; 

9 (C) in subsection (e)— 

10 (i) by striking paragraph (1) and in11 serting the following: 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) SCHOLARSHIP PLAN.—Each eligible 

14 entity described in section 404A(c)(1) that re15 ceives a grant under this chapter shall hold in 

16 reserve, for the students served by such grant as 

17 described in section 404B(d)(1)(A) or 404D(d), 

18 an estimated amount that is based on the eligible 

19 entity’s scholarship plan described in subsection 

20 (a)(1). 

21 ‘‘(B) INTEREST USE.—Interest earned on 

22 funds held in reserve under subparagraph (A) 

23 may be used by the eligible entity to administer 

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1 riod and through the post-award period de2 scribed in paragraph (4).’’; 

3 (ii) in paragraph (2)(B), by inserting 

4 ‘‘, or been accepted for enrollment,’’ after 

5 ‘‘enrolled’’; and 

6 (iii) in paragraph (3)— 

7 (I) in subparagraph (A), by strik8 ing ‘‘and’’ after the semicolon; 

9 (II) by redesignating subpara10 graph (B) as subparagraph (C); and 

11 (III) by inserting after subpara12 graph (A) the following: 

13 ‘‘(B) the costs associated with enrolling in 

14 an institution of higher education; and’’; and 

15 (D) in subsection (g)— 

16 (i) in paragraph (3)— 

17 (I) by inserting ‘‘or, if the eligible 

18 entity chooses, in another program of 

19 study or credential program for which 

20 an individual could use funds received 

21 under a Federal Pell Grant to attend,’’ 

22 before ‘‘that is located’’; and 

23 (II) by striking ‘‘except that, at 

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1 cept that, at the eligible entity’s op2 tion’’; and 

3 (ii) in paragraph (4), by inserting 

4 ‘‘and qualifies for an award, consistent with 

5 the eligible entity’s scholarship plan as de6 scribed in subsection (a)(2)’’ after 

7 ‘‘404D(a)’’; 

8 (6) in section 404G (20 U.S.C. 1070a–27)— 

9 (A) in subsection (b)— 

10 (i) in paragraph (1), by striking 

11 ‘‘and’’ after the semicolon; 

12 (ii) in paragraph (2), by striking the 

13 period at the end and inserting ‘‘; and’’; 

14 and 

15 (iii) by inserting after paragraph (2) 

16 the following: 

17 ‘‘(3) include the following metrics: 

18 ‘‘(A) The number of students completing the 

19 Free Application for Federal Student Aid under 

20 section 483. 

21 ‘‘(B) If applicable, the number of students 

22 receiving a scholarship under section 404E. 

23 ‘‘(C) The graduation rate of participating 

24 students from high school. 

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1 ‘‘(D) The enrollment of participating stu2 dents in postsecondary education. 

3 ‘‘(E) Such other metrics as the Secretary 

4 may require.’’; 

5 (B) by redesignating subsections (c) and (d) 

6 as subsections (d) and (e), respectively; 

7 (C) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) REPORT ON HOMELESS INDIVIDUALS AND FOS10 TER CARE YOUTH.—Each eligible entity that receives a 

11 grant under section 404A shall, at the conclusion of such 

12 grant, prepare and submit a report to the Secretary that 

13 includes— 

14 ‘‘(1) where available, the number of homeless in15 dividuals (as defined in section 402A) and foster care 

16 youth served through the program; and 

17 ‘‘(2) a description of any strategies or program 

18 enhancements that were used by the eligible entity in 

19 carrying out the program that were effective in meet20 ing the needs of such homeless individuals and foster 

21 care youth.’’; 

22 (D) in subsection (d), as so redesignated— 

23 (i) in the subsection heading, by insert24 ing ‘‘AND TECHNICAL ASSISTANCE’’ after 

25 ‘‘FEDERAL EVALUATION’’; 

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1 (ii) in the matter preceding paragraph 

2 (1)— 

3 (I) by inserting ‘‘after consulta4 tion with the community of eligible en5 tities receiving grants under this chap6 ter and’’ after ‘‘Secretary shall,’’; 

7 (II) by striking ‘‘0.75’’ and insert8 ing ‘‘1’’; and 

9 (III) by striking ‘‘evaluate the ef10 fectiveness of the program and, as ap11 propriate, disseminate the results of the 

12 evaluation. Such evaluation shall in13 clude a separate analysis of’’; 

14 (iii) by redesignating paragraphs (1) 

15 and (2) as subparagraphs (A) and (B), re16 spectively, and indenting the margins ap17 propriately; and 

18 (iv) before subparagraph (A) (as redes19 ignated by clause (iii)), by inserting the fol20 lowing: 

21 ‘‘(1) provide pre-application technical assistance 

22 workshops for eligible entities and potential appli23 cants in any year in which new awards are expected 

24 to be made; 

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1 ‘‘(2) support initiatives designed to improve the 

2 research, data collection and infrastructure, and eval3 uation capacity of eligible entities; and 

4 ‘‘(3) evaluate the effectiveness of the program 

5 and, as appropriate, disseminate the results of the 

6 evaluation. Such evaluation may include a separate 

7 analysis of—’’; and 

8 (7) in section 404H, by striking ‘‘$400,000,000 

9 for fiscal year 2009’’ and inserting ‘‘$500,000,000 for 

10 fiscal year 2021’’. 

11 Subpart 3—Federal Supplemental Educational 

12 Opportunity Grants 

13 SEC. 4041. PURPOSE; APPROPRIATIONS AUTHORIZED. 

14 Section 413A of the Higher Education Act of 1965 (20 

15 U.S.C. 1070b) is amended— 

16 (1) by amending subsection (a) to read as fol17 lows: 

18 ‘‘(a) PURPOSE OF SUBPART.—It is the purpose of this 

19 subpart to— 

20 ‘‘(1) provide, through institutions of higher edu21 cation, supplemental grants to assist in making 

22 available the benefits of postsecondary education to 

23 qualified students who demonstrate financial need in 

24 accordance with the provisions of part F of this title; 

25 and 

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1 ‘‘(2) to establish grant programs at various in2 stitutions of higher education, as defined in section 

3 101, to determine best practices and policies regard4 ing the distribution of emergency grant aid to assist 

5 students in completing their program of study, not6 withstanding aid they may have received in accord7 ance with the provisions of part F of this title.’’; 

8 (2) in subsection (b)(1), by striking ‘‘appro9 priated’’ and all that follows through the end and in10 serting ‘‘appropriated— 

11 ‘‘(A) $1,150,000,000 for fiscal year 2021; 

12 ‘‘(B) $1,300,000,000 for fiscal year 2022; 

13 ‘‘(C) $1,450,000,000, for fiscal year 2023; 

14 ‘‘(D) $1,600,000,000 for fiscal year 2024; and 

15 ‘‘(E) $1,750,000,000 for fiscal year 2025 and 

16 each succeeding fiscal year.’’; 

17 (3) in subsection (b), by redesignating paragraph 

18 (2) as paragraph (3); and 

19 (4) in subsection (b), by inserting after para20 graph (1) the following: 

21 ‘‘(2) For the purpose of enabling the Secretary to fund 

22 emergency grant aid programs under section 420DD, there 

23 are allocated, from funds authorized under paragraph 

24 (b)(1), $12,500,000 for fiscal year 2021 and each of the 5 

25 succeeding fiscal years.’’. 

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1 SEC. 4042. INSTITUTIONAL ELIGIBILITY. 

2 Section 413C(a) of the Higher Education Act of 1965 

3 (20 U.S.C. 1070b-2) is amended— 

4 (1) in paragraph (2)— 

5 (A) by striking ‘‘agrees’’ and inserting ‘‘ex6 cept as provided in paragraph (4), agrees’’; and 

7 (B) by striking ‘‘and’’ at the end; 

8 (2) in paragraph (3)(D), by striking the period 

9 and inserting ‘‘; and’’; and 

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

11 ‘‘(4) agrees that the Federal share of an award 

12 under this subpart to an institution eligible for assist13 ance under title III or title V shall equal 100 percent 

14 of such award.’’. 

15 SEC. 4043. ALLOCATION OF FUNDS. 

16 Section 413D of the Higher Education Act of 1965 (20 

17 U.S.C. 1070b–3) is amended to read as follows: 

18 ‘‘SEC. 413D. ALLOCATION OF FUNDS. 

19 ‘‘(a) ALLOCATION FORMULA FOR FISCAL YEARS 2021 

20 THROUGH 2025.— 

21 ‘‘(1) IN GENERAL.—From the amount appro22 priated under section 413A(b)(1) for a fiscal year, the 

23 Secretary shall allocate to each institution— 

24 ‘‘(A) for fiscal year 2021, an amount equal 

25 to the greater of— 

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1 ‘‘(i) 90 percent of the amount the insti2 tution received under subsection (a) for fis3 cal year 2020, as such subsection was in ef4 fect with respect to such fiscal year (in this 

5 subparagraph referred to as ‘the 2020 

6 amount for the institution’); or 

7 ‘‘(ii) the fair share amount for the in8 stitution determined under subsection (c); 

9 ‘‘(B) for fiscal year 2022, an amount equal 

10 to the greater of— 

11 ‘‘(i) 80 percent of the 2020 amount for 

12 the institution; or 

13 ‘‘(ii) the fair share amount for the in14 stitution determined under subsection (c); 

15 ‘‘(C) for fiscal year 2023, an amount equal 

16 to the greater of— 

17 ‘‘(i) 60 percent of the fiscal year 2020 

18 amount for the institution; or 

19 ‘‘(ii) the fair share amount for the in20 stitution determined under subsection (c); 

21 ‘‘(D) for fiscal year 2024, an amount equal 

22 to the greater of— 

23 ‘‘(i) 40 percent of the 2020 amount for 

24 the institution; or 

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1 ‘‘(ii) the fair share amount for the in2 stitution determined under subsection (c); 

3 and 

4 ‘‘(E) for fiscal year 2025, an amount equal 

5 to the greater of— 

6 ‘‘(i) 20 percent of the 2020 amount for 

7 the institution; or 

8 ‘‘(ii) the fair share amount for the in9 stitution determined under subsection (c). 

10 ‘‘(2) RATABLE REDUCTION.— 

11 ‘‘(A) IN GENERAL.—If the amount appro12 priated under section 413A(b)(1) for a fiscal 

13 year is less than the amount required to be allo14 cated to the institutions under this subsection, 

15 then the amount of the allocation to each institu16 tion shall be ratably reduced. 

17 ‘‘(B) ADDITIONAL APPROPRIATIONS.—If the 

18 amounts allocated to each institution are ratably 

19 reduced under subparagraph (A) for a fiscal year 

20 and additional amounts are appropriated for 

21 such fiscal year, the amount allocated to each in22 stitution from the additional amounts shall be 

23 increased on the same basis as the amounts 

24 under subparagraph (A) were reduced (until 

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1 each institution receives the amount required to 

2 be allocated under this subsection). 

3 ‘‘(b) ALLOCATION FORMULA FOR FISCAL YEAR 2026 

4 AND EACH SUCCEEDING FISCAL YEAR.—From the amount 

5 appropriated under section 413A(b)(1) for fiscal year 2026 

6 and each succeeding fiscal year, the Secretary shall allocate 

7 to each institution the fair share amount for the institution 

8 determined under subsection (c). 

9 ‘‘(c) DETERMINATION OF FAIR SHARE AMOUNT.— 

10 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

11 fair share amount for an institution for a fiscal year 

12 shall be equal to the sum of the institution’s under13 graduate student need described in paragraph (2) for 

14 the preceding fiscal year. 

15 ‘‘(2) INSTITUTIONAL UNDERGRADUATE STUDENT

16 NEED CALCULATION.—The institutional under17 graduate student need for an institution for a fiscal 

18 year shall be equal to the sum of the following: 

19 ‘‘(A) 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 Federal Pell Grant 

23 funds awarded at the institution for the pre24 ceding fiscal year bears to the total amount of 

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1 tions participating under this part for the pre2 ceding fiscal year. 

3 ‘‘(B) An amount equal to 50 percent of the 

4 amount that bears the same proportion to the 

5 available appropriated amount for such fiscal 

6 year as the total amount of the undergraduate 

7 student need at the institution for the preceding 

8 fiscal year bears to the total amount of under9 graduate student need at all institutions partici10 pating under this part for the preceding fiscal 

11 year. 

12 ‘‘(3) ELIGIBILITY FOR FAIR SHARE AMOUNT.— 

13 The Secretary may not allocate funds under this sub14 part to any institution that, for 2 or more fiscal 

15 years during any 3 fiscal year period beginning not 

16 earlier than the first day of the first fiscal year that 

17 is 2 years after the date of the enactment of this para18 graph, has a student population with less than 7 per19 cent of undergraduate students who are recipients of 

20 Federal Pell Grants. 

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

22 ‘‘(1) AVERAGE COST OF ATTENDANCE.—The term 

23 ‘average cost of attendance’ has the meaning given the 

24 term in section 4202(e)(5)(B). 

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1 ‘‘(2) UNDERGRADUATE STUDENT NEED.—The 

2 term ‘undergraduate student need’ means, with re3 spect to an undergraduate student for an award year, 

4 the lesser of the following: 

5 ‘‘(A) The total of the amount equal to (ex6 cept the amount computed by this clause shall 

7 not be less than zero)— 

8 ‘‘(i) the average cost of attendance for 

9 the award year, minus 

10 ‘‘(ii) such undergraduate student’s ex11 pected family contribution (computed in ac12 cordance with part F of this title) for the 

13 preceding award year. 

14 ‘‘(B) The total loan annual limit for a Fed15 eral Direct Unsubsidized Stafford Loan and a 

16 Federal Direct Loan.’’. 

17 SEC. 4044. EMERGENCY FINANCIAL AID GRANT PROGRAM. 

18 Part A of title IV of the Higher Education Act of 1965 

19 (20 U.S.C. 1070b et seq.) is amended by inserting after sub20 part 12, as added by section 4093, the following: 

21 ‘‘Subpart 13—Emergency Financial Aid Grants 

22 ‘‘SEC. 420DD. EMERGENCY FINANCIAL AID GRANT PRO23 GRAM. 

24 ‘‘(a) EMERGENCY FINANCIAL AID GRANT PROGRAMS

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1 gram to make grants, in accordance with subsection (c), to 

2 eligible entities to provide emergency financial aid grants 

3 to students in accordance with subsection (d). 

4 ‘‘(b) MATCHING FUNDS.— 

5 ‘‘(1) LIMITATION ON AMOUNT OF FEDERAL

6 SHARE.—Except as provided in paragraph (3), the 

7 Federal share of the cost of any emergency grant aid 

8 program carried out under this section may not ex9 ceed 50 percent. 

10 ‘‘(2) LIMITATION.—Matching funds provided by 

11 an eligible entity under this subsection may not in12 clude in-kind contributions. 

13 ‘‘(3) EXCEPTIONS.—The Federal share of the cost 

14 of an emergency grant aid program carried out under 

15 this section shall equal 100 percent if the institution 

16 carrying out the emergency grant aid is an institu17 tion of higher education eligible for assistance under 

18 title III or V. 

19 ‘‘(c) APPLICATION.— 

20 ‘‘(1) IN GENERAL.—Each eligible entity desiring 

21 to carry out an emergency grant aid program under 

22 this section shall submit an application to the Sec23 retary, at such time, in such manner, and containing 

24 such information as the Secretary may require. 

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1 ‘‘(2) OUTREACH.—The Secretary shall, at least 

2 30 days before each deadline to submit applications 

3 under paragraph (1), conduct outreach to institutions 

4 of higher education described in subsection (b)(3) to 

5 provide such institutions with information on the op6 portunity to apply under paragraph (1) to carry out 

7 an emergency grant aid program under this section. 

8 ‘‘(3) CONTENTS.—Each application under para9 graph (1) shall include a description of the emergency 

10 grant aid program to be carried out by the eligible 

11 entity, including— 

12 ‘‘(A) an estimate of the number of emer13 gency financial aid grants that such entity will 

14 make in an award year and how such eligible 

15 entity assessed such estimate; 

16 ‘‘(B) the criteria the eligible entity will use 

17 to determine an emergency for which an eligible 

18 student will be eligible to receive an emergency 

19 financial aid grant; 

20 ‘‘(C) an assurance that an emergency for 

21 which an eligible student will be eligible to re22 ceive an emergency financial aid grant will in23 clude financial challenges that would directly 

24 impact the ability of an eligible student to conVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00362 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tinue and complete the course of study of such 

2 student, including— 

3 ‘‘(i) a loss of employment, transpor4 tation, child care, utilities, or housing of the 

5 student; 

6 ‘‘(ii) a medical condition (including 

7 pregnancy) of the student, or a dependent of 

8 the student; 

9 ‘‘(iii) with respect to the eligible stu10 dent, food insecurity; and 

11 ‘‘(iv) in the case of an eligible student 

12 who is a dependent student— 

13 ‘‘(I) the death of a parent or 

14 guardian of such eligible student; or 

15 ‘‘(II) a medical condition of the 

16 parent or guardian of such eligible stu17 dent which results in the loss of em18 ployment of such parent or guardian; 

19 ‘‘(D) a description of the process by which 

20 an eligible student may apply and receive an 

21 emergency financial aid grant; 

22 ‘‘(E) an assurance that the eligible entity, 

23 when applicable, will make information avail24 able to eligible students about the eligibility of 

25 such students and their dependents for assistance 

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1 under the supplemental nutrition assistance pro2 gram under the Food and Nutrition Act of 2008 

3 (7 U.S.C. 2011 et seq.), the special supplemental 

4 nutrition program for women, infants, and chil5 dren under the Child Nutrition Act of 1966 (42 

6 U.S.C. 1786), and the program of block grants 

7 for States for temporary assistance for needy 

8 families established under part A of title IV of 

9 the Social Security Act (42 U.S.C. 601 et seq.); 

10 ‘‘(F) how the eligible entity will administer 

11 the emergency grant aid program, including the 

12 processes the eligible entity will use to respond to 

13 applications, approve applications, and disburse 

14 emergency financial aid grants outside of normal 

15 business hours; 

16 ‘‘(G) an assurance that the process by which 

17 an eligible student applies for an emergency fi18 nancial aid grant includes— 

19 ‘‘(i) to the extent practicable, an inter20 view; and 

21 ‘‘(ii) at least one opportunity to appeal 

22 a denial of such a grant; 

23 ‘‘(H) an assurance that the eligible entity 

24 will acknowledge receipt of a student’s request 

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1 and distribute funds in a timely manner as de2 termined by the Secretary; 

3 ‘‘(I) a description of how the school intends 

4 to limit fraud or abuse; and 

5 ‘‘(J) any other information the Secretary 

6 may require. 

7 ‘‘(4) PRIORITY.—In selecting eligible entities to 

8 carry out an emergency grant aid program under this 

9 section, the Secretary shall give priority to an eligible 

10 entity in which at least 30 percent of the students en11 rolled at such eligible entity are eligible to receive a 

12 Federal Pell Grant. 

13 ‘‘(d) USE OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—An eligible entity may only 

15 use funds provided under this section to make emer16 gency financial aid grants to eligible students. 

17 ‘‘(2) LIMITATIONS.— 

18 ‘‘(A) AMOUNT.—An emergency financial 

19 aid grant to an eligible student may not be in 

20 an amount greater than $750. 

21 ‘‘(B) TOTAL AMOUNT.—The total amount of 

22 the Federal share of emergency financial aid 

23 grants that an eligible student may receive from 

24 an eligible entity may not exceed $2,000. An eli25 gible student may receive an amount under this 

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1 section that would cause the amount of total fi2 nancial aid received by such student to exceed 

3 the cost of attendance of the institution of higher 

4 education in which the student is enrolled. 

5 ‘‘(e) REPORTING AND OVERSIGHT.— 

6 ‘‘(1) IN GENERAL.—Not less frequently than once 

7 annually, each eligible entity that receives a grant 

8 under this subpart shall submit to the Secretary a re9 port on the progress of the eligible entity in carrying 

10 out the programs supported by such grant. 

11 ‘‘(2) FORM OF REPORT.—The report under para12 graph (1) shall be submitted to the Secretary at such 

13 time, in such manner, and containing such informa14 tion as the Secretary may require. The Secretary 

15 shall issue uniform guidelines describing the informa16 tion that shall be reported by grantees under such 

17 paragraph. 

18 ‘‘(3) CONTENT OF REPORT.—The report under 

19 paragraph (1) shall include, at minimum, the fol20 lowing: 

21 ‘‘(A) The number of students that received a 

22 grant, including the number of students who re23 ceived more than one grant. 

24 ‘‘(B) The average award amount awarded 

25 to eligible students. 

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1 ‘‘(C) The types of emergencies declared and 

2 frequencies emergencies declared by eligible stu3 dents. 

4 ‘‘(D) The number of students that applied 

5 for emergency grant aid. 

6 ‘‘(E) The number of students that were de7 nied such grants. 

8 ‘‘(F) The average amount of time it took an 

9 eligible entity to respond to requests for emer10 gency grant aid and average amount of time it 

11 took the eligible entity to award or deny the 

12 emergency grant aid. 

13 ‘‘(G) Outcomes of the eligible students that 

14 received emergency grant aid, including rates of 

15 persistence, retention, and completion, and a 

16 comparison of such rates for such students as 

17 compared to such rates for Federal Pell recipi18 ents at the institution. 

19 ‘‘(f) DEFINITIONS.—In this section: 

20 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti21 ty’ means an institution of higher education that on 

22 the date such entity receives a grant under this sec23 tion, is participating in the FSEOG program under 

24 subpart 3. 

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1 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

2 student’ means a student who— 

3 ‘‘(A) is enrolled in an eligible entity on an 

4 at least half-time basis; and 

5 ‘‘(B) who is making satisfactory academic 

6 progress. 

7 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

8 term ‘institution of higher education’ has the meaning 

9 given the term in section 101.’’. 

10 Subpart 4—Special Programs for Students Whose 

11 Families Are Engaged in Migrant and Seasonal 

12 Farmwork 

13 SEC. 4051. SPECIAL PROGRAMS FOR STUDENTS WHOSE 

14 FAMILIES ARE ENGAGED IN MIGRANT AND 

15 SEASONAL FARMWORK. 

16 Section 418A(i) of the Higher Education Act of 1965 

17 (20 U.S.C. 1070d–2(i)) is amended by striking ‘‘2009’’ and 

18 inserting ‘‘2021’’. 

19 Subpart 5—Child Care Access Means Parents in 

20 School 

21 SEC. 4061. CCAMPIS REAUTHORIZATION. 

22 Section 419N of the Higher Education Act of 1965 (20 

23 U.S.C. 1070e) is amended— 

24 (1) in subsection (b)— 

25 (A) in paragraph (2)— 

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1 (i) in subparagraph (A)— 

2 (I) by striking ‘‘The amount’’ and 

3 inserting ‘‘Except as provided in sub4 paragraph (C), the amount’’; and 

5 (II) by striking ‘‘1 percent’’ and 

6 inserting ‘‘2 percent’’; 

7 (ii) in subparagraph (B)(ii), by strik8 ing ‘‘subsection (g)’’ and inserting ‘‘sub9 section (h)’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(C) PERFORMANCE BONUS.— 

13 ‘‘(i) IN GENERAL.—Notwithstanding 

14 subparagraph (A), for any fiscal year for 

15 which the amount appropriated under sub16 section (h) is not less than $140,000,000, 

17 the Secretary may pay a performance bonus 

18 to an eligible institution of higher edu19 cation. 

20 ‘‘(ii) MAXIMUM AMOUNT.—A bonus 

21 paid to an eligible institution of higher edu22 cation under clause (i) for a fiscal year 

23 shall not exceed an amount equal to 20 per24 cent of the amount of the annual grant pay25 ment received by the institution under 

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1 paragraph (3)(B) for the fiscal year pre2 ceding the fiscal year for which the bonus is 

3 paid. 

4 ‘‘(iii) USE OF BONUS.—A bonus re5 ceived by an institution under clause (i) 

6 shall be used by the institution in the same 

7 manner as a grant under this section and 

8 shall be treated as grant funds for purposes 

9 of the application of paragraph (5), except 

10 that the Secretary may extend the grant pe11 riod as necessary for the institution to use 

12 such bonus. 

13 ‘‘(iv) ELIGIBLE INSTITUTION OF HIGH14 ER EDUCATION.—In this subparagraph, the 

15 term ‘eligible institution of higher edu16 cation’ means an institution of higher edu17 cation that— 

18 ‘‘(I) has received a grant under 

19 this section for not less than the period 

20 of three consecutive fiscal years pre21 ceding the fiscal year in which the 

22 bonus is paid under clause (i); 

23 ‘‘(II) for each such preceding fis24 cal year, has met or exceeded the per25 formance levels established by the instiVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00370 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tution for such year under subsection 

2 (e)(1)(B)(v); and 

3 ‘‘(III) has demonstrated the need 

4 for such bonus.’’; 

5 (B) in paragraph (3)— 

6 (i) in subparagraph (A), by striking 

7 ‘‘4 years’’ and inserting ‘‘5 years’’; and 

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

9 ‘‘subsection (e)(2)’’ and inserting ‘‘sub10 section (e)(3)’’; and 

11 (C) by amending paragraph (5) to read as 

12 follows: 

13 ‘‘(5) USE OF FUNDS.—Grant funds under this 

14 section shall be used by an institution of higher edu15 cation to support or establish a campus-based child 

16 care program primarily serving the needs of low-in17 come students enrolled at the institution of higher 

18 education. Grant funds under this section may be 

19 used to provide the following services to the extent 

20 necessary to enable low-income students enrolled at 

21 the institution of higher education to pursue postsec22 ondary education— 

23 ‘‘(A) evening, summer, weekend and before 

24 and after school services; and 

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1 ‘‘(B) services to expectant parents, such as 

2 the provision of information regarding the rela3 tionship between prenatal health and early child 

4 development and the administration of a home 

5 visit closely following the birth of the child.’’; 

6 (2) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) APPLICATIONS.— 

9 ‘‘(1) IN GENERAL.—An institution of higher edu10 cation desiring a grant under this section shall sub11 mit an application to the Secretary at such time, in 

12 such manner, and accompanied by such information 

13 as the Secretary may require. Such application 

14 shall— 

15 ‘‘(A) demonstrate that the institution is an 

16 eligible institution described in subsection (b)(4); 

17 ‘‘(B) specify the amount of funds requested; 

18 ‘‘(C) demonstrate the need of low-income 

19 students at the institution for campus-based 

20 child care services by including in the applica21 tion— 

22 ‘‘(i) information regarding student de23 mographics, including the share of students 

24 enrolled full-time; 

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1 ‘‘(ii) an assessment of child care capac2 ity on or near campus; 

3 ‘‘(iii) information regarding the wait4 ing lists for child care services on or near 

5 campus; 

6 ‘‘(iv) information regarding additional 

7 needs created by concentrations of poverty 

8 or by geographic isolation; 

9 ‘‘(v) information about the number of 

10 low-income student parents being served 

11 through campus-based child care services; 

12 and 

13 ‘‘(vi) other relevant data; 

14 ‘‘(D) specify the estimated percentage of the 

15 institution’s grant that will be used directly to 

16 subsidize the fee charged for on-campus and off17 campus childcare, respectively, for low-income 

18 students; 

19 ‘‘(E) contain a description of the activities 

20 to be assisted, including whether the grant funds 

21 will support an existing child care program or 

22 a new child care program; 

23 ‘‘(F) identify the resources, including tech24 nical expertise and financial support, that the 

25 institution will draw upon to support the child 

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1 care program and the participation of low-in2 come students in the program (such as accessing 

3 social services funding, using student activity 

4 fees to help pay the costs of child care, using re5 sources obtained by meeting the needs of parents 

6 who are not low-income students, and accessing 

7 foundation, corporate, or other institutional sup8 port) and demonstrate that the use of the re9 sources will not result in increases in student 

10 tuition; 

11 ‘‘(G) contain an assurance that the institu12 tion will meet the child care needs of low-income 

13 students through the provision of services, or 

14 through a contract for the provision of services; 

15 ‘‘(H) describe the extent to which the child 

16 care program will coordinate with the institu17 tion’s early childhood education curriculum, to 

18 the extent the curriculum is available, to meet 

19 the needs of the students in the early childhood 

20 education program at the institution, and the 

21 needs of the parents and children participating 

22 in the child care program assisted under this sec23 tion; 

24 ‘‘(I) in the case of an institution seeking as25 sistance for a new child care program— 

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1 ‘‘(i) provide a timeline, covering the 

2 period from receipt of the grant through the 

3 provision of the child care services, delin4 eating the specific steps the institution will 

5 take to achieve the goal of providing low-in6 come students with child care services; 

7 ‘‘(ii) specify any measures the institu8 tion will take to assist low-income students 

9 with child care during the period before the 

10 institution provides child care services; and 

11 ‘‘(iii) include a plan for identifying re12 sources needed for the child care services, in13 cluding space in which to provide child care 

14 services, and technical assistance if nec15 essary; 

16 ‘‘(J) contain an assurance that any child 

17 care facility assisted under this section will meet 

18 the applicable State and local government licens19 ing, certification, approval, or registration re20 quirements; 

21 ‘‘(K) in the case of an institution that is 

22 awarded a grant under this section after the date 

23 of the enactment of the College Affordability Act, 

24 provide an assurance that, not later than three 

25 years after the date on which such grant is 

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1 awarded, any child care facility assisted with 

2 such grant will— 

3 ‘‘(i) meet Head Start performance 

4 standards under subchapter B of chapter 13 

5 of title 45, Code of Federal Regulations (as 

6 in effect on the date of enactment of the Col7 lege Affordability Act) and any successor 

8 regulations; 

9 ‘‘(ii) be in the top tier of the quality 

10 rating improvement system for such facili11 ties used by the State in which the facility 

12 is located; 

13 ‘‘(iii) meet the licensing requirements 

14 of the State in which the facility is located 

15 and the quality requirements under the 

16 Child Care and Development Block Grant 

17 Act of 1990 (42 U.S.C. 9858 et seq.); or 

18 ‘‘(iv) be accredited by a national early 

19 childhood accrediting body with dem20 onstrated valid and reliable program qual21 ity standards; 

22 ‘‘(L) contain an assurance that the institu23 tion, when applicable, will make information 

24 available to students receiving child care services 

25 provided under this section about the eligibility 

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1 of such students and their dependents for assist2 ance under the supplemental nutrition assistance 

3 program under the Food and Nutrition Act of 

4 2008 (7 U.S.C. 2011 et seq.), the special supple5 mental nutrition program for women, infants, 

6 and children under the Child Nutrition Act of 

7 1966 (42 U.S.C. 1786), and the program of block 

8 grants for States for temporary assistance for 

9 needy families established under part A of title 

10 IV of the Social Security Act (42 U.S.C. 601 et 

11 seq.); 

12 ‘‘(M) contain an abstract summarizing the 

13 contents of such application and how the institu14 tion intends to achieve the purpose under sub15 section (a); and 

16 ‘‘(N) contain an assurance that the institu17 tion will provide information on the institution’s 

18 website regarding the availability of child care 

19 subsidies for student parents and the dependent 

20 care cost allowance available to parents with de21 pendent children in accordance with section 472. 

22 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 

23 may provide technical assistance to eligible institu24 tions to help such institutions qualify for, apply for, 

25 and maintain a grant under this section.’’; 

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1 (3) in subsection (d)— 

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

3 by striking ‘‘to institutions of higher education 

4 that submit applications describing programs 

5 that’’; 

6 (B) by amending paragraph (1) to read as 

7 follows: 

8 ‘‘(1) based on the extent to which institutions of 

9 higher education that submit applications for such a 

10 grant leverage local or institutional resources, includ11 ing in-kind contributions, to support the activities as12 sisted under this section;’’; 

13 (C) by redesignating paragraph (2) as 

14 paragraph (3); 

15 (D) by inserting after paragraph (1), the 

16 following: 

17 ‘‘(2) to institutions of higher education that, 

18 compared to other institutions of higher education 

19 that submit applications for such a grant, dem20 onstrate a high likelihood of need for campus-based 

21 child care based on student demographics (such as a 

22 high proportion of low-income students or inde23 pendent students); and’’; and 

24 (E) in paragraph (3) (as redesignated by 

25 subparagraph (C)), by inserting ‘‘to institutions 

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1 of higher education that submit applications de2 scribing programs that’’ before ‘‘utilize’’; and 

3 (4) in subsection (e)— 

4 (A) in paragraph (1)(B)— 

5 (i) by redesignating clauses (ii), (iii), 

6 and (iv) as clauses (vi), (vii), and (viii), re7 spectively; and 

8 (ii) by striking the semicolon at the 

9 end of clause (i) and inserting the following: 

10 ‘‘which shall include— 

11 ‘‘(I) the number of full- and part12 time students, respectively, receiving 

13 child care services under this section at 

14 least once per week during the aca15 demic year; 

16 ‘‘(II) the number of credits accu17 mulated by students receiving such 

18 child care services; and 

19 ‘‘(III) the number of students re20 ceiving child care services under this 

21 section at least once per week during 

22 the academic year who— 

23 ‘‘(aa) remain enrolled at the 

24 institution during the academic 

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1 year for which they received such 

2 services; 

3 ‘‘(bb) enroll at the institution 

4 for the following academic year; 

5 and 

6 ‘‘(cc) graduate or transfer 

7 within— 

8 ‘‘(AA) 150 percent of the 

9 normal time for completion 

10 of a student’s four-year de11 gree granting program; or 

12 ‘‘(BB) 200 percent of 

13 the normal time for comple14 tion of a student’s two-year 

15 degree-granting program; 

16 ‘‘(ii) with respect to the total student 

17 enrollment at the institution and the total 

18 enrollment of low-income students at the in19 stitution, respectively— 

20 ‘‘(I) the rate at which students 

21 who complete an academic year at the 

22 institution re-enroll in the institution 

23 for the following academic year; and 

24 ‘‘(II) the percentage of students 

25 graduating or transferring within— 

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1 ‘‘(aa) 150 percent of the nor2 mal time for completion of a stu3 dent’s four-year degree granting 

4 program; or 

5 ‘‘(bb) 200 percent of the nor6 mal time for completion of a stu7 dent’s two-year degree granting 

8 program; 

9 ‘‘(iii) the percentage of the institution’s 

10 grant that was used directly to subsidize the 

11 fee charged for on-campus and off-campus 

12 childcare, respectively, for low-income stu13 dents; 

14 ‘‘(iv) whether the institution restricts 

15 eligibility for child care services to only 

16 full-time students; 

17 ‘‘(v) the sufficiently ambitious levels of 

18 performance established for such year by the 

19 institution that demonstrate meaningful 

20 progress and allow for meaningful evalua21 tion of program quality based on the infor22 mation in clauses (i)(III) and (iii);’’; 

23 (B) by redesignating paragraph (2) as 

24 paragraph (3); 

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1 (C) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) REPORT.— 

4 ‘‘(A) REPORT REQUIRED.—On an annual 

5 basis, the Secretary shall submit to the author6 izing committees a report that includes— 

7 ‘‘(i) a summary of the information de8 scribed in paragraph (1); and 

9 ‘‘(ii) each abstract submitted under 

10 subsection (c)(1)(M) by an institution of 

11 higher education that receives a grant under 

12 this section. 

13 ‘‘(B) PUBLIC AVAILABILITY.—The Secretary 

14 shall make each report submitted under subpara15 graph (A) publicly available.’’; 

16 (D) in paragraph (3), as so redesignated, by 

17 inserting ‘‘(other than the information provided 

18 under subparagraph (B)(v) of such paragraph)’’ 

19 after ‘‘paragraph (1)’’; and 

20 (E) by adding at the end the following: 

21 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

22 shall provide technical assistance to institutions of 

23 higher education receiving grants under this section 

24 to help such institutions meet the reporting require25 ments under this subsection.’’; and 

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1 (5) in subsection (g), by striking ‘‘such sums as 

2 may be necessary for fiscal year 2009’’ and inserting 

3 ‘‘$200,000,000 for fiscal year 2021’’. 

4 Subpart 6—Jumpstart to College Grant Programs 

5 SEC. 4071. JUMPSTART TO COLLEGE GRANT PROGRAMS. 

6 Part A of title IV of the Higher Education Act of 1965 

7 (20 U.S.C. 1070 et seq.) is further amended by inserting 

8 after subpart 7 the following: 

9 ‘‘Subpart 8—Jumpstart to College 

10 ‘‘SEC. 419O. DEFINITIONS. 

11 ‘‘In this subpart: 

12 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti13 ty’ means an institution of higher education in part14 nership with one or more local educational agencies 

15 (which may be an educational service agency). Such 

16 partnership may also include other entities such as 

17 nonprofit organizations or businesses, and schools in 

18 juvenile detention centers. 

19 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘institution of higher education’ has the meaning 

21 given the term in section 101 (20 U.S.C. 1001). 

22 ‘‘(3) ESEA TERMS.—The terms ‘dual or concur23 rent enrollment program’, ‘early college high school’, 

24 ‘educational service agency’, ‘four-year adjusted co25 hort graduation rate’, ‘local educational agency’, ‘secVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00383 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ondary school’, and ‘State’ have meanings given the 

2 terms in section 8101 of the Elementary and Sec3 ondary Education Act of 1965 (20 U.S.C. 7801). 

4 ‘‘(4) LOW-INCOME STUDENT.—The term ‘low-in5 come student’ means a student counted under section 

6 1124(c) of the Elementary and Secondary Education 

7 Act of 1965 (20 U.S.C. 6333(c)). 

8 ‘‘(5) RECOGNIZED POSTSECONDARY CREDEN9 TIAL.—The term ‘recognized postsecondary credential’ 

10 has the meaning given the term in section 3 of the 

11 Workforce Innovation and Opportunity Act (29 

12 U.S.C. 3102). 

13 ‘‘SEC. 419P. AUTHORIZATION OF APPROPRIATIONS; RES14 ERVATIONS. 

15 ‘‘(a) IN GENERAL.—To carry out this subpart, there 

16 are authorized to be appropriated $250,000,000 for fiscal 

17 year 2021 and each of the five succeeding fiscal years. 

18 ‘‘(b) RESERVATIONS.—From the funds appropriated 

19 under subsection (a) for each fiscal year, the Secretary shall 

20 reserve— 

21 ‘‘(1) not less than 40 percent for grants to eligi22 ble entities under section 419Q; 

23 ‘‘(2) not less than 55 percent for grants to States 

24 under section 419R; and 

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1 ‘‘(3) not less than 5 percent for national activi2 ties under section 419T. 

3 ‘‘SEC. 419Q. GRANTS TO ELIGIBLE ENTITIES. 

4 ‘‘(a) IN GENERAL.—The Secretary shall award grants 

5 to eligible entities, on a competitive basis, to assist such 

6 entities in establishing or supporting an early college high 

7 school or dual or concurrent enrollment program in accord8 ance with this section. 

9 ‘‘(b) DURATION.—Each grant under this section shall 

10 be awarded for a period of 6 years. 

11 ‘‘(c) GRANT AMOUNT.—The Secretary shall ensure that 

12 the amount of each grant under this section is sufficient 

13 to enable each grantee to carry out the activities described 

14 in subsection (h), except that a grant under this section 

15 may not exceed $2,000,000. 

16 ‘‘(d) MATCHING REQUIREMENT.— 

17 ‘‘(1) IN GENERAL.—For each year that an eligi18 ble entity receives a grant under this section, the enti19 ty shall contribute matching funds, in the amounts 

20 described in paragraph (2), for the activities sup21 ported by the grant. 

22 ‘‘(2) AMOUNTS DESCRIBED.—The amounts de23 scribed in this paragraph are— 

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1 ‘‘(A) for each of the first and second years 

2 of the grant period, 20 percent of the grant 

3 amount; 

4 ‘‘(B) for each of the third and fourth years 

5 of the grant period, 30 percent of the grant 

6 amount; 

7 ‘‘(C) for the fifth year of the grant period, 

8 40 percent of the grant amount; and 

9 ‘‘(D) for the sixth year of the grant period, 

10 50 percent of the grant amount. 

11 ‘‘(3) DETERMINATION OF AMOUNT CONTRIB12 UTED.— 

13 ‘‘(A) IN-KIND CONTRIBUTIONS.—The Sec14 retary shall allow an eligible entity to meet the 

15 requirements of this subsection through in-kind 

16 contributions. 

17 ‘‘(B) NON-FEDERAL SOURCES.—Not less 

18 than half of each amount described in paragraph 

19 (2) shall be provided by the eligible entity from 

20 non-Federal sources. 

21 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—An eligible enti22 ty shall use a grant received under this section only to sup23 plement funds that would, in the absence of such grant, be 

24 made available from other Federal, State, or local sources 

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1 for activities supported by the grant, not to supplant such 

2 funds. 

3 ‘‘(f) PRIORITY.—In awarding grants under this sec4 tion, the Secretary shall give priority to eligible entities 

5 that— 

6 ‘‘(1) propose to establish or support an early col7 lege high school or other dual or concurrent enroll8 ment program that will serve a student population of 

9 which not less than 51 percent are low-income stu10 dents; 

11 ‘‘(2) include a local educational agency which 

12 serves a high school that is— 

13 ‘‘(A) identified for comprehensive support 

14 and improvement under section 1111(c)(4)(D)(i) 

15 of the Elementary and Secondary Education Act 

16 of 1965 (20 U.S.C. 6311(c)(4)(D)(i)); or 

17 ‘‘(B) implementing a targeted support and 

18 improvement plan as described in section 

19 1111(d)(2) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 6311(d)(2)); 

21 ‘‘(3) are from States that provide assistance to 

22 early college high schools or other dual enrollment 

23 programs, such as assistance to defray the costs of 

24 higher education (including costs of tuition, fees, and 

25 textbooks); and 

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1 ‘‘(4) propose to establish or support an early col2 lege high school or dual or concurrent enrollment pro3 gram that meets quality standards established by— 

4 ‘‘(A) a nationally recognized accrediting 

5 agency or association that offers accreditation 

6 specifically for such programs; or 

7 ‘‘(B) a State process specifically for the re8 view and approval of such programs. 

9 ‘‘(g) EQUITABLE DISTRIBUTION.—The Secretary shall 

10 ensure, to the extent practicable, that eligible entities receiv11 ing grants under this section— 

12 ‘‘(1) are from a representative cross section of— 

13 ‘‘(A) urban, suburban, and rural areas; and 

14 ‘‘(B) regions of the United States; and 

15 ‘‘(2) include both two-year and four-year institu16 tions of higher education. 

17 ‘‘(h) USES OF FUNDS.— 

18 ‘‘(1) MANDATORY ACTIVITIES.— 

19 ‘‘(A) IN GENERAL.—An eligible entity shall 

20 use grant funds received under this section— 

21 ‘‘(i) to support the activities described 

22 in its application under subsection (i); 

23 ‘‘(ii) to create and maintain a coherent 

24 system of supports for students, teachers, 

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1 principals, and faculty under the program, 

2 including— 

3 ‘‘(I) college and career readiness, 

4 academic, and social support services 

5 for students; and 

6 ‘‘(II) professional development for 

7 secondary school teachers, faculty, and 

8 principals, and faculty from the insti9 tution of higher education, including— 

10 ‘‘(aa) joint professional de11 velopment activities; and 

12 ‘‘(bb) activities to assist such 

13 teachers, faculty, and principals 

14 in using effective parent and com15 munity engagement strategies and 

16 to help ensure the success of stu17 dents academically at risk of not 

18 enrolling in or completing postsec19 ondary education, first-generation 

20 college students, and students de21 scribed in section 

22 1111(b)(2)(B)(xi) of the Elemen23 tary and Secondary Education 

24 Act of 1965 (20 U.S.C. 

25 6311(b)(2)(B)(xi)); 

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1 ‘‘(iii) to carry out liaison activities 

2 among the partners that comprise the eligi3 ble entity pursuant to an agreement or 

4 memorandum of understanding docu5 menting commitments, resources, roles, and 

6 responsibilities of the partners consistent 

7 with the design of the program; 

8 ‘‘(iv) for outreach programs to ensure 

9 that secondary school students and their 

10 families, including students academically at 

11 risk of not enrolling in or completing post12 secondary education, first-generation college 

13 students, and students described in section 

14 1111(b)(2)(B)(xi) of the Elementary and 

15 Secondary Education Act of 1965 (20 

16 U.S.C. 6311(b)(2)(B)(xi)), are— 

17 ‘‘(I) aware of, and recruited into, 

18 the early college high school or dual or 

19 concurrent enrollment program; and 

20 ‘‘(II) assisted with the process of 

21 enrolling and succeeding in the early 

22 college high school or dual or concur23 rent enrollment program, which may 

24 include providing academic support; 

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1 ‘‘(v) to collect, share, and use data (in 

2 compliance with section 444 of the General 

3 Education Provisions Act (20 U.S.C. 

4 1232g)) for program improvement and pro5 gram evaluation; and 

6 ‘‘(vi) to review and strengthen its pro7 gram to maximize the potential that stu8 dents participating in the program will 

9 eventually complete a recognized postsec10 ondary credential, including by opti11 mizing— 

12 ‘‘(I) the curriculum of the pro13 gram; 

14 ‘‘(II) the use of high-quality as15 sessments of student learning, such as 

16 performance-based, project-based, or 

17 portfolio assessments that measure 

18 higher-order thinking skills; 

19 ‘‘(III) the sequence of courses of20 fered by the program; and 

21 ‘‘(IV) the alignment of academic 

22 calendars between the secondary schools 

23 and the institution of higher education 

24 participating in the program. 

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1 ‘‘(B) NEW PROGRAMS.—In the case of an el2 igible entity that uses a grant under this section 

3 to establish an early college high school or dual 

4 or concurrent enrollment program, the entity 

5 shall use such funds during the first year of the 

6 grant period— 

7 ‘‘(i) to design the curriculum and se8 quence of courses in collaboration with, at a 

9 minimum— 

10 ‘‘(I) faculty from the institution 

11 of higher education; 

12 ‘‘(II) teachers and faculty from 

13 the local educational agency; and 

14 ‘‘(III) in the case of a career and 

15 technical education program, employ16 ers or workforce development entities to 

17 ensure that the program is aligned 

18 with labor market demand; 

19 ‘‘(ii) to develop and implement an ar20 ticulation agreement between the institution 

21 of higher education and the local edu22 cational agency that governs how secondary 

23 and postsecondary credits will be awarded 

24 under the program; and 

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1 ‘‘(iii) to carry out the activities de2 scribed in subparagraph (A). 

3 ‘‘(2) ALLOWABLE ACTIVITIES.—An eligible entity 

4 may use grant funds received under this section to 

5 support the activities described in its application 

6 under subsection (i), including by— 

7 ‘‘(A) purchasing textbooks and equipment 

8 that support the program’s curriculum; 

9 ‘‘(B) pursuant to the assurance provided by 

10 the eligible entity under subsection (i)(3)(A), 

11 paying tuition and fees for postsecondary courses 

12 taken by students under the program; 

13 ‘‘(C) incorporating work-based learning op14 portunities (other than by paying wages of stu15 dents) into the program (which may include 

16 partnering with entities that provide such oppor17 tunities), including— 

18 ‘‘(i) internships; 

19 ‘‘(ii) career-based capstone projects; 

20 ‘‘(iii) pre-apprenticeships and reg21 istered apprenticeships provided by eligible 

22 providers of apprenticeship programs de23 scribed in section 122(a)(2)(B) of the Work24 force Innovation and Opportunity Act (29 

25 U.S.C. 3152(a)(2)(B)); and 

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1 ‘‘(iv) work-based learning opportuni2 ties provided under chapters 1 and 2 of sub3 part 2 of part A of title IV of the Higher 

4 Education Act of 1965 (20 U.S.C. 1070a–11 

5 et seq.); 

6 ‘‘(D) providing students with transpor7 tation to and from the program; 

8 ‘‘(E) paying costs for— 

9 ‘‘(i) high school teachers to obtain the 

10 skills, credentials, or industry certifications 

11 necessary to teach for the institution of 

12 higher education participating in the pro13 gram; or 

14 ‘‘(ii) postsecondary faculty to become 

15 certified to teach high school; or 

16 ‘‘(F) providing time during which sec17 ondary school teachers and faculty and faculty 

18 from an institution of higher education can col19 laborate, which may include professional devel20 opment, the planning of team activities for such 

21 teachers and faculty and curricular design and 

22 student assessment 

23 ‘‘(i) APPLICATION.— 

24 ‘‘(1) IN GENERAL.—To be eligible to receive a 

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1 mit to the Secretary an application at such time, in 

2 such manner, and containing such information as the 

3 Secretary may require. 

4 ‘‘(2) CONTENTS OF APPLICATION.—The applica5 tion under paragraph (1) shall include, at minimum, 

6 a description of— 

7 ‘‘(A) the partnership that comprises the eli8 gible entity, including documentation of partner 

9 commitments, resources and budget, roles, and 

10 responsibilities; 

11 ‘‘(B) how the partners that comprise the eli12 gible entity will coordinate to carry out the 

13 mandatory activities described in subsection 

14 (h)(1); 

15 ‘‘(C) the number of students intended to be 

16 served by the program and demographic infor17 mation relating to such students; 

18 ‘‘(D) how the eligible entity’s curriculum 

19 and sequence of courses form a program of study 

20 leading to a recognized postsecondary credential; 

21 ‘‘(E) how postsecondary credits earned will 

22 be transferable to institutions of higher education 

23 within the State, including any applicable state24 wide transfer agreements and any provisions of 

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1 such agreements that are specific to dual or con2 current enrollment programs; 

3 ‘‘(F) how the eligible entity will conduct 

4 outreach to students; 

5 ‘‘(G) how the eligible entity will determine 

6 the eligibility of students for postsecondary 

7 courses, including an explanation of the multiple 

8 factors the entity will take into account to assess 

9 the readiness of students for such courses; and 

10 ‘‘(H) the sustainability plan for the early 

11 college high school or other dual or concurrent 

12 enrollment program. 

13 ‘‘(3) ASSURANCES.—The application under 

14 paragraph (1) shall include assurances from the eligi15 ble entity that— 

16 ‘‘(A) students participating in a program 

17 funded with a grant under this section will not 

18 be required to pay tuition or fees for postsec19 ondary courses taken under the program; 

20 ‘‘(B) postsecondary credits earned by stu21 dents under the program will be transcribed 

22 upon completion of the required course work; and 

23 ‘‘(C) instructors of postsecondary courses 

24 under the program will meet the same standards 

25 applicable to other faculty at the institution of 

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1 higher education that is participating in the 

2 program. 

3 ‘‘SEC. 419R. GRANTS TO STATES. 

4 ‘‘(a) IN GENERAL.—The Secretary shall award grants 

5 to States, on a competitive basis, to assist States in sup6 porting or establishing early college high schools or dual 

7 or concurrent enrollment programs. 

8 ‘‘(b) DURATION.—Each grant under this section shall 

9 be awarded for a period of 6 years. 

10 ‘‘(c) GRANT AMOUNT.—The Secretary shall ensure that 

11 the amount of each grant under this section is sufficient 

12 to enable each grantee to carry out the activities described 

13 in subsection (f). 

14 ‘‘(d) MATCHING REQUIREMENT.—For each year that 

15 a State receives a grant under this section, the State shall 

16 provide, from non-Federal sources, an amount equal to 50 

17 percent of the amount of the grant received by the State 

18 for such year to carry out the activities supported by the 

19 grant. 

20 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—A State shall use 

21 a grant received under this section only to supplement 

22 funds that would, in the absence of such grant, be made 

23 available from other Federal, State, or local sources for ac24 tivities supported by the grant, not to supplant such funds. 

25 ‘‘(f) USES OF FUNDS.— 

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1 ‘‘(1) MANDATORY ACTIVITIES.—A State shall use 

2 grant funds received under this section to— 

3 ‘‘(A) support the activities described in its 

4 application under subsection (g); 

5 ‘‘(B) plan and implement a statewide strat6 egy for expanding access to early college high 

7 schools and dual or concurrent enrollment pro8 grams for students who are underrepresented in 

9 higher education to raise statewide rates of sec10 ondary school graduation, readiness for postsec11 ondary education, and completion of recognized 

12 postsecondary credentials, with a focus on stu13 dents academically at risk of not enrolling in or 

14 completing postsecondary education; 

15 ‘‘(C) identify any obstacles to such a strat16 egy under State law or policy; 

17 ‘‘(D) provide technical assistance (either di18 rectly or through a knowledgeable intermediary) 

19 to early college high schools and other dual or 

20 concurrent enrollment programs, which may in21 clude— 

22 ‘‘(i) brokering relationships and agree23 ments that forge a strong partnership be24 tween elementary and secondary and post25 secondary partners; and 

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1 ‘‘(ii) offering statewide training, pro2 fessional development, and peer learning op3 portunities for school leaders, instructors, 

4 and counselors or advisors; 

5 ‘‘(E) identify and implement policies that 

6 will improve the effectiveness and ensure the 

7 quality of early college high schools and dual or 

8 concurrent enrollment programs, such as eligi9 bility and access, funding, data and quality as10 surance, governance, accountability, and align11 ment policies; 

12 ‘‘(F) update the State’s requirements for a 

13 student to receive a regular high school diploma 

14 to align with the challenging State academic 

15 standards and entrance requirements for credit16 bearing coursework as described in subpara17 graphs (A) and (D) of section 1111(b)(1) of the 

18 Elementary and Secondary Education Act of 

19 1965 (20 U.S.C. 6311(b)(1)); 

20 ‘‘(G) incorporate indicators regarding stu21 dent access to and completion of early college 

22 high schools and dual or concurrent enrollment 

23 programs into the school quality and student 

24 success indicators included in the State system of 

25 annual meaningful differentiation as described 

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1 under section 1111(c)(4)(B)(v)(I) of the Elemen2 tary and Secondary Education Act of 1965 (20 

3 U.S.C. 6311(c)(4)(B)(v)(I)); 

4 ‘‘(H) disseminate best practices for early 

5 college high schools and dual or concurrent en6 rollment programs, which may include best prac7 tices from programs in the State or other States; 

8 ‘‘(I) facilitate statewide secondary and post9 secondary data collection, research and evalua10 tion, and reporting to policymakers and other 

11 stakeholders; and 

12 ‘‘(J) conduct outreach programs to ensure 

13 that secondary school students, their families, 

14 and community members are aware of early col15 lege high schools and dual or concurrent enroll16 ment programs in the State. 

17 ‘‘(2) ALLOWABLE ACTIVITIES.—A State may use 

18 grant funds received under this section to— 

19 ‘‘(A) establish a mechanism to offset the 

20 costs of tuition, fees, standardized testing and 

21 performance assessment costs, and support serv22 ices for low-income students, and students from 

23 underrepresented populations enrolled in early 

24 college and high schools or dual or concurrent 

25 enrollment; 

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1 ‘‘(B) establish formal transfer systems with2 in and across State higher education systems, in3 cluding two-year and four-year public and pri4 vate institutions, to maximize the transferability 

5 of college courses; 

6 ‘‘(C) provide incentives to school districts 

7 that— 

8 ‘‘(i) assist high school teachers in get9 ting the credentials needed to participate in 

10 early college high school programs and dual 

11 or concurrent enrollment; and 

12 ‘‘(ii) encourage the use of college in13 structors to teach college courses in high 

14 schools; 

15 ‘‘(D) support initiatives to improve the 

16 quality of early college high school and dual or 

17 concurrent enrollment programs at participating 

18 institutions, including by assisting such institu19 tions in aligning programs with the quality 

20 standards described in section 419Q(f)(3); 

21 ‘‘(E) support the development, implementa22 tion, and strengthening of Advanced Placement 

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1 pation by low-income students and underrep2 resented students in such programs; and 

3 ‘‘(F) reimburse low-income students to cover 

4 part or all of the costs of an Advanced Placement 

5 or International Baccalaureate examination. 

6 ‘‘(g) STATE APPLICATIONS.— 

7 ‘‘(1) APPLICATION.—To be eligible to receive a 

8 grant under this section, a State shall submit to the 

9 Secretary an application at such time, in such man10 ner, and containing such information as the Sec11 retary may require. 

12 ‘‘(2) CONTENTS OF APPLICATION.—The applica13 tion under paragraph (1) shall include, at minimum, 

14 a description of— 

15 ‘‘(A) how the State will carry out the man16 datory State activities described in subsection 

17 (f)(1); 

18 ‘‘(B) how the State will ensure that any 

19 programs funded with a grant under this section 

20 are coordinated with programs under— 

21 ‘‘(i) the Carl D. Perkins Career and 

22 Technical Education Act of 2006 (20 U.S.C. 

23 2301 et seq.); 

24 ‘‘(ii) the Workforce Innovation and 

25 Opportunity Act (29 U.S.C. 3101 et seq.); 

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1 ‘‘(iii) the Elementary and Secondary 

2 Education Act of 1965 (20 U.S.C. 6301 et 

3 seq.); and 

4 ‘‘(iv) the Individuals with Disabilities 

5 Education Act (20 U.S.C. 1400 et seq.); 

6 ‘‘(C) how the State intends to use grant 

7 funds to address achievement gaps for each cat8 egory of students described in section 

9 1111(b)(2)(B)(xi) of the Elementary and Sec10 ondary Education Act of 1965 (20 U.S.C. 

11 6311(b)(2)(B)(xi)); 

12 ‘‘(D) how the State will access and leverage 

13 additional resources necessary to sustain early 

14 college high schools or other dual or concurrent 

15 enrollment programs; 

16 ‘‘(E) how the State will identify and elimi17 nate barriers to implementing effective early col18 lege high schools and dual or concurrent enroll19 ment programs after the grant expires, including 

20 by engaging businesses and nonprofit organiza21 tions; and 

22 ‘‘(F) such other information as the Sec23 retary determines to be appropriate. 

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1 ‘‘SEC. 419S. REPORTING AND OVERSIGHT. 

2 ‘‘(a) IN GENERAL.—Not less frequently than once an3 nually, each State and eligible entity that receives a grant 

4 under this subpart shall submit to the Secretary a report 

5 on the progress of the State or eligible entity in carrying 

6 out the programs supported by such grant. 

7 ‘‘(b) FORM OF REPORT.—The report under subsection 

8 (a) shall be submitted to the Secretary at such time, in such 

9 manner, and containing such information as the Secretary 

10 may require. The Secretary shall issue uniform guidelines 

11 describing the information that shall be reported by grant12 ees under such subsection. 

13 ‘‘(c) CONTENTS OF REPORT.— 

14 ‘‘(1) IN GENERAL.—The report under subsection 

15 (a) shall include, at minimum, the following: 

16 ‘‘(A) The number of students enrolled in the 

17 early college high school or dual or concurrent 

18 enrollment program. 

19 ‘‘(B) The number and percentage of stu20 dents reimbursed by the State for part or all of 

21 the costs of an Advanced Placement or Inter22 national Baccalaureate examination and the stu23 dent test scores. 

24 ‘‘(C) The number and percentage of students 

25 enrolled in the early college high school or dual 

26 or concurrent enrollment program who earn a 

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1 recognized postsecondary credential concurrently 

2 with a high school diploma. 

3 ‘‘(D) The number of postsecondary credits 

4 earned by eligible students while enrolled in the 

5 early college high school or dual or concurrent 

6 enrollment program that may be applied toward 

7 a recognized postsecondary credential. 

8 ‘‘(E) The number and percentage of stu9 dents who earn a high school diploma. 

10 ‘‘(F) The number and percentage of grad11 uates who enroll in postsecondary education. 

12 ‘‘(2) CATEGORIES OF STUDENTS.—The informa13 tion described in each of subparagraphs (A) through 

14 (G) of paragraph (1) shall be set forth separately for 

15 each category of students described in section 

16 1111(b)(2)(B)(xi) of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)). 

18 ‘‘SEC. 419T. NATIONAL ACTIVITIES. 

19 ‘‘(a) REPORTING BY SECRETARY.—Not less frequently 

20 than once annually, the Secretary shall submit to Congress 

21 a report that includes— 

22 ‘‘(1) an analysis of the information received 

23 from States and eligible entities under section 419S; 

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1 ‘‘(2) an identification of best practices for car2 rying out programs supported by grants under this 

3 subpart; and 

4 ‘‘(3) the results of the evaluation under sub5 section (b). 

6 ‘‘(b) NATIONAL EVALUATION.—Not later than 6 

7 months after the date of the enactment of the College Afford8 ability Act, the Secretary shall seek to enter into a contract 

9 with an independent entity to perform an evaluation of the 

10 grants awarded under this subtitle. Such evaluation shall 

11 apply rigorous procedures to obtain valid and reliable data 

12 concerning student outcomes by social and academic char13 acteristics and monitor the progress of students from sec14 ondary school to and through postsecondary education. 

15 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall 

16 provide technical assistance to States and eligible entities 

17 concerning best practices and quality improvement pro18 grams in early college high schools and dual or concurrent 

19 enrollment programs and shall disseminate such best prac20 tices among eligible entities, States, and local educational 

21 agencies. 

22 ‘‘(d) ADMINISTRATIVE COSTS.—From amounts re23 served to carry out this section under section 419P(b)(3), 

24 the Secretary may reserve such sums as may be necessary 

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1 for the direct administrative costs of carrying out the Sec2 retary’s responsibilities under this subtitle. 

3 ‘‘SEC. 419U. RULES OF CONSTRUCTION. 

4 ‘‘(a) EMPLOYEES.—Nothing in this subpart shall be 

5 construed to alter or otherwise affect the rights, remedies, 

6 and procedures afforded to the employees of local edu7 cational agencies (including schools) or institutions of high8 er education under Federal, State, or local laws (including 

9 applicable regulations or court orders) or under the terms 

10 of collective bargaining agreements, memoranda of under11 standing, or other agreements between such employees and 

12 their employers. 

13 ‘‘(b) GRADUATION RATE.—A student who graduates 

14 from an early college high school supported by a grant 

15 under section 419Q within 100 percent of the normal time 

16 for completion described in the eligible entity’s application 

17 under such section shall be counted in the four-year adjusted 

18 cohort graduation rate for such high school.’’. 

19 Subpart 7—TEACH Grants 

20 SEC. 4081. REVISED DEFINITIONS OF TEACH GRANTS. 

21 Section 420L of the Higher Education Act of 1965 (20 

22 U.S.C. 1070g) is amended by adding at the end the fol23 lowing: 

24 ‘‘(4) TEACHER PREPARATION PROGRAM.—The 

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1 approved course of study provided by an institution 

2 of higher education, the completion of which signifies 

3 that an enrollee has met all the State’s educational or 

4 training requirements for initial certification or li5 censure to teach in the State’s elementary schools or 

6 secondary schools.’’. 

7 SEC. 4082. REVISIONS TO ESTABLISHING TEACH GRANT 

8 PROGRAM. 

9 Section 420M of the Higher Education Act of 1965 (20 

10 U.S.C. 1070g–1) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) by striking ‘‘an application’’ and in13 serting ‘‘a Free Application for Federal Student 

14 Aid authorized under section 483(a)’’; and 

15 (B) by striking ‘‘in the amount of’’ and all 

16 that follows through the period at the end and 

17 inserting the following: ‘‘except as provided in 

18 subsection (d)(4), in the amount of— 

19 ‘‘(A) $8,000, to be available to a teacher 

20 candidate who is enrolled as an undergraduate 

21 junior at the eligible institution; 

22 ‘‘(B) $8,000, to be available to a teacher 

23 candidate who is enrolled as an undergraduate 

24 senior at the eligible institution; and 

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1 ‘‘(C) $4,000, to be available to a teacher 

2 candidate who is enrolled in the first or second 

3 year of an associate’s degree program and in4 tends to teach in an early childhood education 

5 program.’’; and 

6 (2) in subsection (d)— 

7 (A) in paragraph (1), by striking ‘‘under8 graduate’’ each place it appears and inserting 

9 ‘‘associate, undergraduate,’’; and 

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

11 ‘‘(4) ASSOCIATE DEGREE STUDENTS.— 

12 ‘‘(A) MAXIMUM AMOUNT FOR ASSOCIATE

13 DEGREE STUDY.—The period during which an 

14 associate degree student intending to teach in an 

15 early childhood education program may receive 

16 grants under this subpart shall be the period re17 quired for the completion of an associate’s degree 

18 course of study pursued by the teacher candidate 

19 at the eligible institution at which the teacher 

20 candidate is in attendance, except that the total 

21 amount that a teacher candidate may receive 

22 under this subpart for an associate’s degree 

23 course of study shall not exceed $8,000. 

24 ‘‘(B) EFFECT ON FURTHER UNDER25 GRADUATE OR POST-BACCALAUREATE STUDY.— 

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1 In the case of a teacher candidate intending to 

2 teach in an early childhood education program 

3 who receives a grant under this subpart for an 

4 associate’s degree course of study and who seeks 

5 to receive a grant described in subparagraph (A) 

6 or (B) of subsection (a)(1), the amount of such 

7 grant shall be equal to— 

8 ‘‘(i) one half of the amount that is 

9 equal to $16,000, minus the amount the 

10 teacher candidate received under this sub11 part for the associate’s degree course of 

12 study of such candidate, to be available to 

13 a teacher candidate who is enrolled as an 

14 undergraduate junior at the eligible institu15 tion; and 

16 ‘‘(ii) one half of the amount that is 

17 equal to $16,000, minus the amount the 

18 teacher candidate received under this sub19 part for the associate’s degree course of 

20 study of such candidate, to be available to 

21 a teacher candidate who is enrolled as an 

22 undergraduate senior at the eligible institu23 tion.’’. 

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1 SEC. 4083. REVISIONS TO TEACH GRANT AGREEMENTS TO 

2 SERVE AND ELIGIBILITY. 

3 Section 420N of the Higher Education Act of 1965 (20 

4 U.S.C. 1070g–2) is amended— 

5 (1) in subsection (a)— 

6 (A) in the heading of paragraph (2), by 

7 striking ‘‘DEMONSTRATION OF TEACH’’ and in8 sert ‘‘TEACH’’; 

9 (B) in paragraph (2)(A)(ii)(II), by striking 

10 ‘‘batteries in an undergraduate, post-bacca11 laureate, or graduate school admissions test’’ and 

12 inserting ‘‘assessments used for admission to an 

13 undergraduate, post-baccalaureate, or graduate 

14 school program’’; 

15 (C) in paragraphs (2)(B)(i), by striking ‘‘or 

16 another high-need’’ and inserting ‘‘early child17 hood education, or another high-need’’; and 

18 (D) in paragraph (2)(B)(ii), by striking ‘‘, 

19 such as Teach for America,’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) in subparagraph (B), by inserting 

23 before the semicolon at the end the fol24 lowing: ‘‘or in a high-need early childhood 

25 education program (as defined in section 

26 200(15))’’; 

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1 (ii) in subparagraph (C)— 

2 (I) by striking ‘‘or’’ at the end of 

3 clause (vi); 

4 (II) by redesignating clause (vii) 

5 as clause (viii); 

6 (III) by inserting after clause 

7 (vi), as so amended, the following: 

8 ‘‘(vii) early childhood education; or’’; 

9 and 

10 (IV) in clause (viii), as so redesig11 nated, by adding ‘‘and’’ at the end; 

12 (iii) in subparagraph (D)— 

13 (I) by inserting ‘‘or early child14 hood education program’’ after 

15 ‘‘school’’; and 

16 (II) by striking ‘‘and’’ at the end; 

17 and 

18 (iv) by striking subparagraph (E); 

19 (B) by striking ‘‘and’’ at the end of para20 graph (2); 

21 (C) by striking the period at the end of 

22 paragraph (3) and inserting ‘‘; and’’; and 

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

24 ‘‘(4) the Secretary will— 

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1 ‘‘(A) notify, or ensure that the applicable 

2 loan servicer will notify, the applicant of— 

3 ‘‘(i) the date on which submission of 

4 the certification under paragraph (1)(D) is 

5 required; and 

6 ‘‘(ii) any failure to submit such certifi7 cation; and 

8 ‘‘(B) allow employers and borrowers to use 

9 electronic signatures to certify such employ10 ment.’’; 

11 (3) in subsection (c)— 

12 (A) by striking ‘‘In the event’’ and inserting 

13 the following: 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), in 

15 the event’’; and 

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

17 ‘‘(2) CLARIFICATION.— 

18 ‘‘(A) APPLICATION.—Paragraph (1) may 

19 only apply with respect to a recipient of a grant 

20 under this subpart if— 

21 ‘‘(i) after completing the course of 

22 study for which the recipient received the 

23 grant, such recipient does not serve as a 

24 full-time teacher as required under sub25 section (b)(1) for at least— 

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1 ‘‘(I) 1 year, as certified under 

2 subsection (b)(1)(D) on a date that is 

3 not later than 5 years after the date 

4 such course of study was completed; 

5 ‘‘(II) 2 years, as certified under 

6 subsection (b)(1)(D) on a date that is 

7 not later than 6 years after the date 

8 such course of study was completed; 

9 ‘‘(III) 3 years, as certified under 

10 subsection (b)(1)(D) on a date that is 

11 not later than 7 years after the date 

12 such course of study was completed; or 

13 ‘‘(IV) 4 years, as certified under 

14 subsection (b)(1)(D) on a date that is 

15 not later than 8 years after the date 

16 such course of study was completed; or 

17 ‘‘(ii) the recipient elects to have such 

18 grant treated as a loan in accordance with 

19 such paragraph (1). 

20 ‘‘(B) APPEAL.—A recipient of a grant may 

21 appeal a decision to convert a loan under para22 graph (1).’’; and 

23 (4) in subsection (d)— 

24 (A) by redesignating paragraph (2) as 

25 paragraph (5); 

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1 (B) in paragraph (1), by striking ‘‘sub2 section (b)(1)(C)(vii)’’ and inserting ‘‘subsection 

3 (b)(1)(C)(viii)’’; and 

4 (C) by inserting after paragraph (1), the 

5 following: 

6 ‘‘(2) CHANGE OF SCHOOL DESCRIPTION OR PRO7 GRAM DEFINITION.—If a recipient of an initial grant 

8 under this subpart teaches in a school or an early 

9 childhood education program for an academic year 

10 during which the school is identified as a school de11 scribed in section 465(a)(2)(A) or a program that 

12 meets the definition of section 200(15), but the school 

13 or program no longer meets such description or defi14 nition during a subsequent academic year, the grant 

15 recipient may fulfill the service obligation described 

16 in subsection (b)(1) by continuing to teach at that 

17 school or program. 

18 ‘‘(3) CHANGE OF TEACHER DUTIES OR ASSIGN19 MENT.—If a recipient of an initial grant under this 

20 subpart teaches as a full-time teacher described in 

21 subsection (b)(1)(A), but the recipient no longer meets 

22 such description during a subsequent academic year 

23 due to switching academic roles to that of a full-time 

24 co-teacher, teacher leader, instructional or academic 

25 coach, department chairperson, special education case 

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1 manager, guidance counselor, or school administrator 

2 within a school or program, the grant recipient may 

3 fulfill the service obligation described in subsection 

4 (b)(1) by continuing to work in any such academic 

5 role on a full-time basis at that school or program. 

6 ‘‘(4) CHANGE IN HIGH-NEED FIELD STATUS.—If 

7 a recipient of an initial grant under this subpart 

8 teaches in a field at a school or an early childhood 

9 education program for an academic year during 

10 which the field is designated under subsection 

11 (b)(1)(C)(viii), but the field no longer is so designated 

12 during a subsequent academic year, the grant recipi13 ent may fulfill the service obligation described in sub14 section (b)(1) by continuing to teach in such field at 

15 such school or early childhood education program.’’. 

16 SEC. 4084. REVISIONS TO TEACH GRANT DATA COLLECTION 

17 AND REPORTING. 

18 Section 420P of the Higher Education Act of 1965 (20 

19 U.S.C. 1070g–4) is amended to read as follows: 

20 ‘‘SEC. 420P. DATA COLLECTION AND REPORTING. 

21 ‘‘(a) DATA COLLECTION.— 

22 ‘‘(1) AGGREGATE STUDENT DATA.—On an an23 nual basis, using the postsecondary student data sys24 tem established under section 132(l) or a successor 

25 system (whichever includes the most recent data) to 

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1 streamline reporting requirements and minimize re2 porting burdens, and in coordination with the Na3 tional Center for Education Statistics, the Secretary 

4 shall determine, disaggregate in accordance with 

5 paragraph (2), and make available to the public in 

6 accordance with paragraph (3), with respect to each 

7 institution (and each category of institution listed in 

8 section 132(d)) that received a payment under this 

9 subpart in the previous academic year, the following 

10 information: 

11 ‘‘(A) The number and mean dollar amount 

12 of TEACH Grants awarded to students at the 

13 institution. 

14 ‘‘(B) The number and proportion of 

15 TEACH Grant recipients who exit their pro16 gram of study before completing the program. 

17 ‘‘(C) The number and proportion of 

18 TEACH Grant recipients who complete their 

19 program of study and begin employment as a 

20 teacher in the first academic year following the 

21 year of such completion. 

22 ‘‘(D) The number and proportion of indi23 viduals employed as teachers who received a 

24 TEACH Grant and whose TEACH Grants are 

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1 lowing the year in which the recipient completed 

2 the recipient’s program of study, set forth sepa3 rately for each year in such period. 

4 ‘‘(E) The number and proportion of 

5 TEACH Grant recipients who fulfill the terms of 

6 their agreement to serve under section 420N(b) 

7 during the 8-year period following the year in 

8 which the recipient completed the recipient’s pro9 gram of study, set forth separately for each year 

10 in such period. 

11 ‘‘(2) DISAGGREGATION.—The information deter12 mined under paragraph (1)— 

13 ‘‘(A) except in cases in which such 

14 disaggregation would reveal personally identifi15 able information about an individual student, 

16 shall be disaggregated by— 

17 ‘‘(i) race; 

18 ‘‘(ii) ethnicity; 

19 ‘‘(iii) gender; 

20 ‘‘(iv) socioeconomic status; 

21 ‘‘(v) Federal Pell Grant eligibility sta22 tus; 

23 ‘‘(vi) status as a first-generation college 

24 student (as defined in section 402A(h)); 

25 ‘‘(vii) military or veteran status; 

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1 ‘‘(viii) disability status; 

2 ‘‘(ix) level of study (associate, under3 graduate, postbaccalaureate, or graduate, as 

4 applicable); and 

5 ‘‘(x) each teacher preparation program 

6 offered by an institution; and 

7 ‘‘(B) may be disaggregated by any combina8 tion of subgroups or descriptions described in 

9 subparagraph (A). 

10 ‘‘(3) AVAILABILITY OF DATA.—The information 

11 determined under paragraph (1) shall— 

12 ‘‘(A) remain available to the public for a 

13 period of not less than 10 years after its initial 

14 release by the Secretary; and 

15 ‘‘(B) be updated as necessary to reflect the 

16 most accurate and up-to-date information for 

17 each institution for each year of data collection. 

18 ‘‘(b) INFORMATION FROM INSTITUTIONS.—Each insti19 tution that receives a payment under this subpart shall pro20 vide to the Secretary, on an annual basis, such information 

21 as may be necessary for the Secretary to carry out sub22 section (a). 

23 ‘‘(c) REPORTS AND DISSEMINATION.— 

24 ‘‘(1) INITIAL AND INTERIM REPORTS.—Not later 

25 than 3 years after the date on which the first TEACH 

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1 Grant is awarded under this subpart after the date 

2 of enactment of the College Affordability Act, and at 

3 least once every 3 years thereafter, the Secretary shall 

4 submit to the authorizing committees a report that 

5 includes the information required under paragraph 

6 (2). 

7 ‘‘(2) ELEMENTS.—Each report under this sub8 section shall include, based on information deter9 mined under subsection (a), the following: 

10 ‘‘(A) A review of the utilization of TEACH 

11 Grants at teacher preparation programs at insti12 tutions that received a payment under this sub13 part. 

14 ‘‘(B) A review of TEACH Grant practices 

15 that correlate with higher rates of completion of 

16 agreements under section 420N(b). 

17 ‘‘(C) Guidance and recommendations on 

18 how effective utilization of TEACH Grants can 

19 be replicated. 

20 ‘‘(3) AVAILABILITY.—Each report under this sub21 section shall be made available to the public in an ac22 cessible format— 

23 ‘‘(A) on a website of the Department of 

24 Education; and 

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1 ‘‘(B) in any other format determined to be 

2 appropriate by the Secretary.’’. 

3 Subpart 8—Northern Mariana Islands and American 

4 Samoa College Access 

5 SEC. 4091. NORTHERN MARIANA ISLANDS AND AMERICAN 

6 SAMOA COLLEGE ACCESS. 

7 Subpart 10 of part A of title IV (20 U.S.C. 1070(h)) 

8 is amended to read as follows: 

9 ‘‘Subpart 10—Northern Mariana Islands and 

10 American Samoa College Access 

11 ‘‘SEC. 420R. PUBLIC SCHOOL GRANTS. 

12 ‘‘(a) PURPOSE.—It is the purpose of this subpart to 

13 establish a program that enables college-bound residents of 

14 the Northern Mariana Islands and American Samoa to 

15 have greater choices among institutions of higher education. 

16 ‘‘(b) GRANTS.— 

17 ‘‘(1) IN GENERAL.—From amounts appropriated 

18 under subsection (j), the Secretary shall provide— 

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 the 

23 tuition and fees charged for in-State students 

24 and the tuition and fees charged for out-of-State 

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1 students on behalf of each eligible student en2 rolled in the eligible institution; and 

3 ‘‘(B) 50 percent of such amount to the 

4 American Samoa for the Governor to award 

5 grants to eligible institutions that enroll eligible 

6 students to pay the difference between the tuition 

7 and fees charged for in-State students and the 

8 tuition and fees charged for out-of-State students 

9 on behalf of each eligible student enrolled in the 

10 eligible institution. 

11 ‘‘(2) MAXIMUM STUDENT AMOUNTS.—The 

12 amount paid on behalf of an eligible student under 

13 this section shall be— 

14 ‘‘(A) not more than $15,000 for any one 

15 award year (as defined in section 481); and 

16 ‘‘(B) not more than $45,000 in the aggre17 gate. 

18 ‘‘(3) PRORATION.—The Governor shall prorate 

19 payments under this section for students who attend 

20 an eligible institution on less than a full-time basis. 

21 ‘‘(c) REDUCTION FOR INSUFFICIENT APPROPRIA22 TIONS.— 

23 ‘‘(1) IN GENERAL.—If the funds appropriated 

24 pursuant to subsection (j) for any fiscal year are in25 sufficient to award a grant in the amount determined 

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1 under subsection (a) on behalf of each eligible student 

2 enrolled in an eligible institution, then the Governor, 

3 in consultation with the Secretary of Education, 

4 shall— 

5 ‘‘(A) first, ratably reduce the amount of the 

6 tuition and fee payment made on behalf of each 

7 eligible student who has not received funds under 

8 this section for a preceding year; and 

9 ‘‘(B) after making reductions under sub10 paragraph (A), ratably reduce the amount of the 

11 tuition and fee payments made on behalf of all 

12 other eligible students. 

13 ‘‘(2) ADJUSTMENTS.—The Governor, in consulta14 tion with the Secretary of Education, may adjust the 

15 amount of tuition and fee payments made under 

16 paragraph (1) based on— 

17 ‘‘(A) the financial need of the eligible stu18 dents to avoid undue hardship to the eligible stu19 dents; or 

20 ‘‘(B) undue administrative burdens on the 

21 Governor. 

22 ‘‘(3) FURTHER ADJUSTMENTS.—Notwithstanding 

23 paragraphs (1) and (2), the Governor may prioritize 

24 the making or amount of tuition and fee payments 

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1 under this subsection based on the income and finan2 cial need of eligible students. 

3 ‘‘(d) DEFINITIONS.—In this subpart: 

4 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible 

5 institution’ means an institution that— 

6 ‘‘(A) is a public four-year institution of 

7 higher education located in one of the several 

8 States, the District of Columbia, Puerto Rico, the 

9 United States Virgin Islands, or Guam; 

10 ‘‘(B) is eligible to participate in the student 

11 financial assistance programs under title IV; 

12 and 

13 ‘‘(C) enters into an agreement with the Gov14 ernors of the Northern Mariana Islands and 

15 American Samoa containing such conditions as 

16 each Governor may specify, including a require17 ment that the institution use the funds made 

18 available under this section to supplement and 

19 not supplant assistance that otherwise would be 

20 provided to eligible students from the Northern 

21 Mariana Islands and American Samoa. 

22 ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible 

23 student’ means an individual who— 

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1 ‘‘(A) graduated from a public institution of 

2 higher education located in the Northern Mar3 iana Islands or American Samoa; 

4 ‘‘(B) begins the individual’s course of study 

5 within the 3 calendar years (excluding any pe6 riod of service on active duty in the Armed 

7 Forces or service under the Peace Corps Act (22 

8 U.S.C. 2501 et seq.) or subtitle D of title I of the 

9 National and Community Service Act of 1990 

10 (42 U.S.C. 12571 et seq.)) of graduation from a 

11 public institution of higher education located in 

12 the Northern Mariana Islands or American 

13 Samoa; 

14 ‘‘(C) is enrolled or accepted for enrollment, 

15 on at least a half-time basis, in a baccalaureate 

16 degree or other program (including a program of 

17 study abroad approved for credit by the institu18 tion at which such student is enrolled) leading to 

19 a recognized educational credential at an eligible 

20 institution; 

21 ‘‘(D) if enrolled in an eligible institution, is 

22 maintaining satisfactory progress in the course 

23 of study the student is pursuing in accordance 

24 with section 484(c); and 

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1 ‘‘(E) has not completed the individual’s 

2 first undergraduate baccalaureate course of 

3 study. 

4 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘institution of higher education’ has the meaning 

6 given the term in section 101. 

7 ‘‘(4) GOVERNOR.—The term ‘Governor’ means 

8 the Governor of the Commonwealth of the Northern 

9 Mariana Islands or American Samoa. 

10 ‘‘(e) CONSTRUCTION.—Nothing in this subpart shall be 

11 construed to require an institution of higher education to 

12 alter the institution’s admissions policies or standards in 

13 any manner to enable an eligible student to enroll in the 

14 institution. 

15 ‘‘(f) APPLICATIONS.—Each student desiring a tuition 

16 payment under this section shall submit an application to 

17 the eligible institution at such time, in such manner, and 

18 accompanied by such information as the eligible institution 

19 may require. 

20 ‘‘(g) ADMINISTRATION OF PROGRAM.— 

21 ‘‘(1) IN GENERAL.—Each Governor shall carry 

22 out the program under this section in consultation 

23 with the Secretary. Each Governor may enter into a 

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1 gram under this section if the Governor determines 

2 that doing so is a more efficient way of carrying out 

3 the program. 

4 ‘‘(2) POLICIES AND PROCEDURES.—Each Gov5 ernor, in consultation with institutions of higher edu6 cation eligible for participation in the program au7 thorized under this section, shall develop policies and 

8 procedures for the administration of the program. 

9 ‘‘(3) MEMORANDUM OF AGREEMENT.—Each Gov10 ernor and the Secretary shall enter into a Memo11 randum of Agreement that describes— 

12 ‘‘(A) the manner in which the Governor 

13 shall consult with the Secretary with respect to 

14 administering the program under this section; 

15 and 

16 ‘‘(B) any technical or other assistance to be 

17 provided to the Governor by the Secretary for 

18 purposes of administering the program under 

19 this section (which may include access to the in20 formation in the common financial reporting 

21 form developed under section 483). 

22 ‘‘(h) GOVERNOR’S REPORT.—Each Governor shall re23 port to the Secretary and the authorizing committees annu24 ally regarding— 

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1 ‘‘(1) the number of eligible students attending 

2 each eligible institution and the amount of the grant 

3 awards paid to those institutions on behalf of the eli4 gible students; 

5 ‘‘(2) the extent, if any, to which a ratable reduc6 tion was made in the amount of tuition and fee pay7 ments made on behalf of eligible students; and 

8 ‘‘(3) the progress in obtaining recognized aca9 demic credentials of the cohort of eligible students for 

10 each year. 

11 ‘‘(i) GAO REPORT.—Not later than 24 months of the 

12 date of the enactment of this College Affordability Act, the 

13 Comptroller General of the United States shall report on 

14 the effect of the program assisted under this section on edu15 cational opportunities for eligible students. The Comptroller 

16 General shall analyze whether eligible students had dif17 ficulty gaining admission to eligible institutions because of 

18 any preference afforded to in-State residents by eligible in19 stitutions, and shall expeditiously report any findings re20 garding such difficulty to Congress. In addition the Comp21 troller General shall— 

22 ‘‘(1) analyze and identify any challenges eligible 

23 students face in gaining admission to eligible institu24 tions, including admission aided by assistance pro25 vided under this subpart, due to— 

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1 ‘‘(A) caps on the number of out-of-State stu2 dents the institution will enroll; 

3 ‘‘(B) significant barriers imposed by aca4 demic entrance requirements (such as grade 

5 point average and standardized scholastic admis6 sions tests); and 

7 ‘‘(C) absence of admission programs benefit8 ting minority students; and 

9 ‘‘(2) report the findings of the analysis described 

10 in paragraph (1) and the assessment described in 

11 paragraph (2) to Congress and the Governor. 

12 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated to the Commonwealth of the 

14 Northern Mariana Islands and American Samoa to carry 

15 out this subpart $5,000,000, to be available until expended, 

16 for fiscal year 2021 and each of the 5 succeeding fiscal 

17 years. 

18 ‘‘(k) EFFECTIVE DATE.—This subpart shall take effect 

19 with respect to payments for periods of instruction that 

20 begin on or after January 1, 2021. 

21 ‘‘SEC. 420S. GENERAL REQUIREMENTS. 

22 ‘‘(a) PERSONNEL.—The Secretary shall arrange for the 

23 assignment of an individual, pursuant to subchapter VI of 

24 chapter 33 of title 5, United States Code, to serve as an 

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1 adviser to each Governor with respect to the programs as2 sisted under this subpart. 

3 ‘‘(b) ADMINISTRATIVE EXPENSES.—Each Governor 

4 may use not more than 5 percent of the funds made avail5 able for a program under section 420R for a fiscal year 

6 to pay the administrative expenses of a program under sec7 tion 420R for the fiscal year. 

8 ‘‘(c) INSPECTOR GENERAL REVIEW.—Each of the pro9 grams assisted under this subpart shall be subject to audit 

10 and other review by the Inspector General of the Depart11 ment of Education in the same manner as programs are 

12 audited and reviewed under the Inspector General Act of 

13 1978 (5 U.S.C. App.). 

14 ‘‘(d) GIFTS.—The Governor may accept, use, and dis15 pose of donations of services or property for purposes of car16 rying out this subpart. 

17 ‘‘(e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 

18 Each Governor shall establish rules to adjust the maximum 

19 student amounts described in section 440S(b)(2) for eligible 

20 students described in section 440S(d)(2) who transfer be21 tween the eligible institutions described in section 

22 440S(d)(1).’’. 

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1 Subpart 9—Student Success 

2 SEC. 4092. COMMUNITY COLLEGE STUDENT SUCCESS 

3 GRANT PROGRAM AUTHORIZED. 

4 Part A of title IV (20 U.S.C. 1070 et seq.) is further 

5 amended by adding at the end the following: 

6 ‘‘Subpart 11—Community College Student Success 

7 ‘‘SEC. 420T. COMMUNITY COLLEGE STUDENT SUCCESS 

8 GRANT PROGRAM AUTHORIZED. 

9 ‘‘From the amounts appropriated under 420BB, the 

10 Secretary of Education shall establish and carry out the 

11 community college student success grant program to award 

12 grants under sections 420U and 420V, on a competitive 

13 basis, to eligible institutions to plan and implement com14 munity college student success programs designed to in15 crease— 

16 ‘‘(1) the rate at which program participants 

17 graduate from a program of study at such eligible in18 stitution within 150 percent of the normal time for 

19 graduation; and 

20 ‘‘(2) transfer rates of program participants. 

21 ‘‘SEC. 420U. GRANTS TO PLAN COMMUNITY COLLEGE STU22 DENT SUCCESS PROGRAMS. 

23 ‘‘(a) PLANNING GRANTS AUTHORIZED.—From the 

24 amounts appropriated to carry out this section under sec25 tion 420BB for a fiscal year, the Secretary shall award 

26 planning grants for such fiscal year, on a competitive basis, 

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1 to eligible institutions to develop plans for community col2 lege student success programs. 

3 ‘‘(b) DURATION.—A grant awarded under this section 

4 shall be for a 1-year period. 

5 ‘‘(c) PEER REVIEW PROCESS; PRIORITY.—In award6 ing grants under this section for a fiscal year, the Secretary 

7 shall— 

8 ‘‘(1) carry out a peer review process that— 

9 ‘‘(A) requires that each application sub10 mitted under subsection (d) be peer reviewed by 

11 a panel of readers composed of individuals se12 lected by the Secretary, which shall include— 

13 ‘‘(i) not less than 50 percent of read14 ers— 

15 ‘‘(I) who are not employees of the 

16 Federal Government; and 

17 ‘‘(II) who have relevant research 

18 or practical experience with respect to 

19 student support programs designed to 

20 increase graduation rates and transfer 

21 rates at public 2-year institutions of 

22 higher education; and 

23 ‘‘(ii) to the maximum extent prac24 ticable, individuals who are members of 

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1 cation, including African Americans, His2 panics, Native Americans, Alaska Natives, 

3 Asian Americans, Native American Pacific 

4 Islanders (including Native Hawaiians), 

5 and individuals with disabilities; and 

6 ‘‘(B) ensures that no individual assigned 

7 under subparagraph (A) to review an applica8 tion has any conflict of interest with regard to 

9 that application that may make the individual 

10 unable to impartially conduct such review; and 

11 ‘‘(2) give priority to eligible institutions that are 

12 eligible to receive funding under title III or V. 

13 ‘‘(d) APPLICATION.—An eligible institution desiring a 

14 grant under this section shall submit an application to the 

15 Secretary at such time, in such manner, and containing 

16 such information as the Secretary may require, which shall 

17 include— 

18 ‘‘(1) the graduation rate and transfer rate for the 

19 most recent academic year for which data are avail20 able for eligible students and all students, respectively; 

21 ‘‘(2) an analysis of how implementing a commu22 nity college student success program may improve the 

23 graduation rate or transfer rate for eligible students; 

24 and 

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1 ‘‘(3) a description of the methods the eligible in2 stitution has previously used to improve the gradua3 tion rate or transfer rate with respect to eligible stu4 dents and all students, respectively. 

5 ‘‘(e) USE OF FUNDS.—An eligible institution that re6 ceives a grant under this section shall use the grant to de7 velop a plan to implement a community college student suc8 cess program at the eligible institution. 

9 ‘‘(f) REPORT.—Not later than 1 year after the date on 

10 which an eligible institution receives a grant under this sec11 tion, such eligible institution shall submit to the Secretary 

12 a report that includes— 

13 ‘‘(1) a plan for implementing a community col14 lege student success program at the eligible institu15 tion, including— 

16 ‘‘(A) the sufficiently ambitious outcome 

17 goals for achieving significant improvements in 

18 graduation rates and transfer rates for program 

19 participants, as such rates are defined by the eli20 gible institution, in consultation with the Sec21 retary, before the end of the grant period; 

22 ‘‘(B) the number of such eligible students 

23 who will participate in such program, including 

24 how such eligible students will be identified, re25 ferred, and selected, in cases where the interest in 

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1 the program is larger than the budget for the 

2 program; 

3 ‘‘(C) based on the most recent academic 

4 year for which data are available, disaggregated 

5 by full-time students and all students— 

6 ‘‘(i) graduation rates; and 

7 ‘‘(ii) transfer rates; 

8 ‘‘(D) an analysis of the financial needs of 

9 the full-time students; 

10 ‘‘(E) a description of how the eligible insti11 tution will effectively staff a community college 

12 student success program; and 

13 ‘‘(F) a timeline for the implementation of 

14 such program; 

15 ‘‘(2) a budgetary analysis that includes— 

16 ‘‘(A) a description of how the eligible insti17 tution will provide non-Federal funds for such 

18 program under subsection (d) of section 420V; 

19 and 

20 ‘‘(B) a description of how the eligible insti21 tution will continue to fund such program after 

22 the end of the grant period for the grant awarded 

23 to the institution under section 420V; and 

24 ‘‘(3) such other information as the Secretary 

25 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 420BB 

6 for a fiscal year, the Secretary shall award grants for 

7 such fiscal year, on a competitive basis, to eligible in8 stitutions awarded a grant under section 420U to im9 plement community college student success programs. 

10 ‘‘(2) CONSULTATION.—In awarding grants under 

11 this section for a fiscal year, the Secretary shall con12 sult with the independent evaluator before finalizing 

13 which eligible institutions will receive such a grant 

14 for such fiscal year. 

15 ‘‘(b) REQUIREMENTS FOR SELECTION.—To be eligible 

16 to receive a grant under this section, an eligible institution 

17 shall meet the following requirements: 

18 ‘‘(1) The eligible institution was awarded a 

19 grant under section 420U at least 1 year before such 

20 eligible institution submits an application under sub21 section (e). 

22 ‘‘(2) The eligible institution submits an applica23 tion under subsection (e). 

24 ‘‘(3) The eligible institution demonstrates, on the 

25 date of the application described in subsection (e), the 

26 availability of non-Federal funding for the matching 

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1 funds required under subparagraphs (A), (B), and 

2 (C) of subsection (d)(1). 

3 ‘‘(c) DURATION.—A grant awarded under this section 

4 shall be for a 5-year period. 

5 ‘‘(d) NON-FEDERAL CONTRIBUTION.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), an eligible institution awarded a grant 

8 under this section shall contribute in cash from non9 Federal sources, the following: 

10 ‘‘(A) For the second year of the grant pe11 riod, an amount equal to 20 percent of the cost 

12 of carrying out the community college student 

13 success program at the institution for such year. 

14 ‘‘(B) For the third year of the grant period, 

15 an amount equal to 30 percent of the cost of car16 rying out such program for such year. 

17 ‘‘(C) For the fourth year of the grant pe18 riod, an amount equal to 40 percent of the cost 

19 of carrying out such program for such year. 

20 ‘‘(D) For the fifth year of the grant period, 

21 an amount equal to 50 percent of the cost of car22 rying out such program for such year. 

23 ‘‘(2) EXCEPTION.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding para25 graph (1), with respect to an exempt institution 

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1 awarded a grant under this section, for each 

2 year of the grant period beginning with the sec3 ond year through the fifth year, the Secretary 

4 shall not require the institution to make a cash 

5 contribution from non-Federal sources in an 

6 amount that is greater than the amount equal to 

7 5 percent of the cost of carrying out the commu8 nity college student success program at the insti9 tution for such year. 

10 ‘‘(B) DEFINITIONS.—For purposes of this 

11 paragraph: 

12 ‘‘(i) EXEMPT INSTITUTION.—The term 

13 ‘exempt institution’ means an eligible insti14 tution that is a— 

15 ‘‘(I) Tribal college or university; 

16 or 

17 ‘‘(II) an institution located in the 

18 Commonwealth of Puerto Rico, Guam, 

19 American Samoa, the United States 

20 Virgin Islands, the Commonwealth of 

21 the Northern Mariana Islands, the Re22 public of the Marshall Islands, the Fed23 erated States of Micronesia, or the Re24 public of Palau. 

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1 ‘‘(ii) TRIBAL COLLEGE OR UNIVER2 SITY.—The term ‘Tribal college or univer3 sity’ has the meaning given the term in sec4 tion 316 of the Higher Education Act of 

5 1965 (20 U.S.C. 1059c). 

6 ‘‘(e) APPLICATION.—An eligible institution desiring a 

7 grant under this section shall submit an application to the 

8 Secretary at such time, in such manner, and containing 

9 such information as the Secretary may require, which shall 

10 include a copy of the report described in 420U(e). 

11 ‘‘(f) REQUIRED USE OF FUNDS.—An eligible institu12 tion that receives a grant under this section shall use the 

13 grant funds to— 

14 ‘‘(1) implement a community college student suc15 cess program; and 

16 ‘‘(2) regularly review— 

17 ‘‘(A) data to monitor the academic progress 

18 of eligible students participating in such pro19 gram; and 

20 ‘‘(B) the meeting and program participa21 tion requirements described in section 420AA(1). 

22 ‘‘(g) PERMISSIBLE USE OF FUNDS.—An eligible insti23 tution that receives a grant under this section may use the 

24 grant to— 

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1 ‘‘(1) establish or expand a data tracking system 

2 that includes early alerts to complete the regular re3 views required under subsection (f)(2); 

4 ‘‘(2) provide eligible students participating in 

5 the community college student success program for 

6 which the grant is awarded with financial assistance 

7 to cover the costs described in paragraph (2), (3), or 

8 (8) of section 472; 

9 ‘‘(3) establish or expand career development serv10 ices for such students, such as career workshops or ca11 reer counseling; 

12 ‘‘(4) establish or expand tutoring services for 

13 such students; 

14 ‘‘(5) cover the employment of administrators for 

15 the program whose sole job shall be to administer the 

16 program, without regard to whether the employment 

17 is full-time or less than full-time; and 

18 ‘‘(6) provide financial support for eligible stu19 dents participating in such program to enroll in 

20 courses offered during enrollment periods that are 

21 outside the fall and spring semesters (or equivalent 

22 terms). 

23 ‘‘(h) REPORTS.—Using the postsecondary student data 

24 system established under section 132(l) or a successor sys25 tem (whichever includes the most recent data) to streamline 

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1 reporting requirements and minimize reporting burdens, 

2 and in coordination with the National Center for Edu3 cation Statistics, the Secretary shall, on at least an annual 

4 basis, collect data with respect to each community college 

5 student success program, including the following: 

6 ‘‘(1) Each eligible institution that receives a 

7 grant under this subpart shall, on an annual basis, 

8 provide to the Secretary such information as may be 

9 necessary for the Secretary to collect such data, in10 cluding— 

11 ‘‘(A) the demographic characteristics of the 

12 students participating in the community college 

13 student success program; 

14 ‘‘(B) the average number of credits at15 tempted and average number of credits earned, 

16 rate of retention, rate of degree completion, and 

17 rates of transfer of such eligible students; and 

18 ‘‘(C) the graduation rate of such eligible 

19 students. 

20 ‘‘(2) Each such eligible institution shall, not less 

21 than once for each year of the grant period, submit 

22 to the Secretary an annual performance report for 

23 such year of the grant period that includes— 

24 ‘‘(A) an analysis of the implementation and 

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1 ciently ambitious outcome goals described in the 

2 report submitted by the institution under section 

3 420U(e)(1)(A), including challenges to and 

4 changes made to such program; 

5 ‘‘(B) if according to the analysis under sub6 paragraph (A), the program is not on track to 

7 meet such sufficiently ambitious outcome goals, a 

8 description of the plans to adjust the program to 

9 improve the performance of the program; 

10 ‘‘(C) the participation of such eligible stu11 dents in tutoring, career services (which can in12 clude benefit counseling), and meetings with pro13 gram advisors; and 

14 ‘‘(D) when data is available, which shall 

15 compare the data collected for such year under 

16 this paragraph with such data collected for each 

17 of the 2 years preceding the date on which the 

18 grant was awarded. 

19 ‘‘(3) Not later than 6 years after the date on 

20 which the eligible institution received such grant, sub21 mit a final report to the Secretary that includes an 

22 analysis of— 

23 ‘‘(A) the factors that contributed to the suc24 cess or failure of the community college student 

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1 come goals described in the report submitted by 

2 the institution under section 3(e)(1)(A); 

3 ‘‘(B) the challenges faced in attempting to 

4 implement such program; 

5 ‘‘(C) information on how to improve such 

6 program; 

7 ‘‘(D) whether the program has created an 

8 institution-wide reform with respect to gradua9 tion rates and transfer rates for all students, and 

10 if so, how such reform was created; and 

11 ‘‘(E) how the eligible institution will con12 tinue to fund such program after the end of the 

13 grant period. 

14 ‘‘SEC. 420W. EVALUATIONS. 

15 ‘‘(a) INDEPENDENT EVALUATIONS.—Before finalizing 

16 which eligible institutions will receive grants under section 

17 420V for a fiscal year, the Secretary, acting through the 

18 Director of the Institute of Education Sciences, shall enter 

19 into a contract with an independent evaluator— 

20 ‘‘(1) to consult with the Secretary on which eligi21 ble institutions should receive the grants; and 

22 ‘‘(2) to use the What Works Clearinghouse 

23 Standards (without reservations) to evaluate, through24 out the duration of the grant period of such grants— 

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1 ‘‘(A) each community college student success 

2 program for which such grant is awarded, in3 cluding whether the program met its ambitious 

4 outcome goals described in the report submitted 

5 by the institution under section 420U(e)(1)(A); 

6 ‘‘(B) the average impact of community col7 lege student success programs on graduation 

8 rates and transfer rates for eligible students; 

9 ‘‘(C) the variation in program impact 

10 across eligible institutions with respect to such 

11 rates; and 

12 ‘‘(D) whether such programs lead to higher 

13 graduation rates and transfer rates of eligible 

14 students per dollar spent for such students by 

15 such institutions compared with such rates at el16 igible institutions without such programs. 

17 ‘‘(b) RESULTS OF EVALUATIONS.—The results of the 

18 evaluations under subsection (a) shall be made publicly 

19 available on the website of the Department of Education. 

20 ‘‘(c) FUNDING FOR EVALUATIONS.—The Secretary 

21 may reserve not more than 15 percent of the funds appro22 priated under section 420BB for a fiscal year to carry out 

23 this section for such fiscal year. 

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1 ‘‘SEC. 420X. OUTREACH AND TECHNICAL ASSISTANCE. 

2 ‘‘(a) OUTREACH.—The Secretary shall conduct out3 reach activities to notify eligible institutions of the avail4 ability of grants under this subpart. 

5 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

6 provide technical assistance— 

7 ‘‘(1) to eligible institutions that may be inter8 ested in applying for grants under this subpart, in9 cluding assistance with applications for such grants; 

10 and 

11 ‘‘(2) to eligible institutions awarded grants 

12 under this subpart, including assistance with— 

13 ‘‘(A) establishing ambitious outcome goals 

14 described in section 420U(e)(1)(A); and 

15 ‘‘(B) the implementation of a community 

16 college student success program. 

17 ‘‘(c) FUNDING FOR TECHNICAL ASSISTANCE FOR

18 EVALUATIONS.—The Secretary may reserve not more than 

19 7 percent of the funds appropriated under section 420BB 

20 for a fiscal year for technical assistance under this section 

21 for such fiscal year. 

22 ‘‘SEC. 420Y. REPORT TO CONGRESS. 

23 ‘‘Not later than 1 year after the date on which the Sec24 retary receives the final evaluation results under section 

25 420W for eligible institutions that were awarded grants 

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1 under section 420V for the same fiscal year, the Secretary 

2 shall submit to Congress a report that includes— 

3 ‘‘(1) the number of grants awarded under section 

4 420V for such fiscal year, and the amount of such 

5 grants; 

6 ‘‘(2) the number of grants awarded under section 

7 420U to eligible institutions that received the grants 

8 described in paragraph (1), and the amount of such 

9 grants; 

10 ‘‘(3) the number of grants awarded under section 

11 420U to eligible institutions that would have been eli12 gible but did not receive the grants in paragraph (1); 

13 ‘‘(4) such final evaluation results; and 

14 ‘‘(5) any other information the Secretary may 

15 deem relevant. 

16 ‘‘SEC. 420Z. SUPPLEMENT, NOT SUPPLANT. 

17 ‘‘Funds awarded to an eligible institution under this 

18 subpart shall be used only to supplement the amount of 

19 funds that would, in the absence of the Federal funds pro20 vided under this subpart, be made available from non-Fed21 eral sources or other Federal sources to carry out the activi22 ties under this subpart, and not to supplant such funds. 

23 ‘‘SEC. 420AA. DEFINITIONS. 

24 ‘‘In this subpart: 

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1 ‘‘(1) COMMUNITY COLLEGE STUDENT SUCCESS

2 PROGRAM.—The term ‘community college student suc3 cess program’ means a program carried out by an eli4 gible institution under which the institution carries 

5 out the following: 

6 ‘‘(A) Provides eligible students partici7 pating in such program with an amount that 

8 covers the cost of tuition and fees that are not 

9 covered by any Federal, State, or institutional 

10 financial assistance received by the student. 

11 ‘‘(B) Requires eligible students partici12 pating in such program to— 

13 ‘‘(i) be enrolled in the eligible institu14 tion and carry a full-time academic work15 load during each fall and spring semester 

16 (or equivalent terms) during which the stu17 dent participates in such program; 

18 ‘‘(ii) if the eligible student is referred 

19 to remedial courses or is on academic pro20 bation, meet, on at least a weekly basis or 

21 under an alternate schedule, as determined 

22 by the institution, with a tutor, except that 

23 in the case of an eligible student who is aca24 demically struggling, but who is not re25 ferred to remedial courses or on academic 

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1 probation, the student may meet with a 

2 tutor as often as the program advisor for 

3 such student requires or under an alternate 

4 schedule, as determined by the institution; 

5 ‘‘(iii) meet with a program advisor— 

6 ‘‘(I) twice each month during the 

7 first semester (or equivalent term) of 

8 participation in such program; and 

9 ‘‘(II) as directed by the program 

10 advisor in subsequent semesters (or 

11 equivalent terms) under subparagraph 

12 (C)(ii); and 

13 ‘‘(iv) meet with an on-campus career 

14 advisor or participate in a career services 

15 event once each semester (or equivalent 

16 term) or under an alternate schedule, as de17 termined by the institution. 

18 ‘‘(C) Provides a program advisor to each el19 igible student participating in such program 

20 who— 

21 ‘‘(i) provides comprehensive academic 

22 and personal advising to the eligible stu23 dent, including— 

24 ‘‘(I) the creation and implementa25 tion of an academic plan for the stuVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00448 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 dent to graduate from a program of 

2 study at the eligible institution within 

3 150 percent of the normal time for 

4 graduation from such program; 

5 ‘‘(II) if an eligible student is re6 ferred to remedial courses, encouraging 

7 such student to complete such courses 

8 as quickly as possible; and 

9 ‘‘(III) assisting the eligible stu10 dent with developing and achieving 

11 academic goals, including creating 

12 strong transfer pathways that dem13 onstrate programmatic transfer for 

14 students interested in transferring to a 

15 4-year institution of higher education; 

16 ‘‘(ii) after the eligible student partici17 pating in such program completes a semes18 ter (or equivalent term), creates for the eli19 gible student a needs-based advising sched20 ule that indicates, based on the eligible stu21 dent’s academic performance, the frequency 

22 with which such eligible student shall be re23 quired to meet with a program advisor for 

24 each subsequent semester (or equivalent 

25 term) of program participation; 

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1 ‘‘(iii) has a caseload of not more than 

2 150 eligible students; 

3 ‘‘(iv) tracks the attendance of the eligi4 ble student at the meetings described in 

5 clauses (ii), (iii), and (iv) of subparagraph 

6 (B); 

7 ‘‘(v) monitors the academic progress of 

8 the eligible student; and 

9 ‘‘(vi) provides each eligible student who 

10 meets the requirements of subparagraph 

11 (B), on at least a monthly basis, with fi12 nancial incentives, such as a transportation 

13 pass or a gas card. 

14 ‘‘(D) Provides free tutoring and career serv15 ices (which can include benefit counseling) to eli16 gible students participating in such program, 

17 and may reserve places in select courses for such 

18 eligible students in order to create a community 

19 within cohorts of eligible students. 

20 ‘‘(E) Provides information to eligible stu21 dents participating in such program about the 

22 eligibility of such students for assistance under 

23 the supplemental nutrition assistance program 

24 under the Food and Nutrition Act of 2008 (7 

25 U.S.C. 2011 et seq.) and the program of block 

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1 grants for States for temporary assistance for 

2 needy families established under part A of title 

3 IV of the Social Security Act (42 U.S.C. 601 et 

4 seq.). 

5 ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eligible 

6 institution’ means a public 2-year institution of high7 er education. 

8 ‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 

9 student’ means a student enrolled at an eligible insti10 tution who— 

11 ‘‘(A) on the date such eligible student would 

12 begin participation in a community college stu13 dent success program at such eligible institu14 tion— 

15 ‘‘(i) is enrolled in a program of study 

16 leading to an associate degree; 

17 ‘‘(ii) is enrolled at such institution and 

18 carrying a full-time academic workload 

19 during each fall and spring semester (or 

20 equivalent terms) during which the student 

21 participates in such program; 

22 ‘‘(iii) is— 

23 ‘‘(I) a first-time undergraduate 

24 student; or 

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1 ‘‘(II) a continuing or transfer stu2 dent with not more than 15 credits 

3 and a minimum grade point average 

4 of 2.0 (or its equivalent); and 

5 ‘‘(iv) is considered by the eligible insti6 tution to need no more than two remedial 

7 courses; and 

8 ‘‘(B) if the student is eligible for financial 

9 aid under title IV, has completed the Free Appli10 cation for Federal Student Aid or other common 

11 financial reporting form under section 483(a); 

12 and 

13 ‘‘(C) meets any other requirements estab14 lished by the institution. 

15 ‘‘(4) FULL-TIME ACADEMIC WORKLOAD.—The 

16 term ‘full-time academic workload’, when used with 

17 respect to a semester or equivalent term, means at 

18 least 12 credits (or the equivalent). 

19 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘institution of higher education’ has the meaning 

21 given the term under section 101. 

22 ‘‘(6) TRANSFER RATE.—The term ‘transfer rate’, 

23 when used with respect to students enrolled in a pro24 gram of study at an eligible institution, means the 

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1 rate at which such students transfer to a 4-year insti2 tution of higher education. 

3 ‘‘SEC. 420BB. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to carry out 

5 this subpart $1,000,000,000, to be available until expended 

6 for fiscal year 2021 and each of the 5 succeeding fiscal 

7 years.’’. 

8 SEC. 4093. FEDERAL PELL BONUS PROGRAM. 

9 Part A of title IV of the Higher Education Act of 1965 

10 (20 U.S.C. 1070 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘Subpart 12—Federal Pell Grant Bonus Program 

13 ‘‘SEC. 420CC. FEDERAL PELL GRANT BONUS PROGRAM. 

14 ‘‘(a) IN GENERAL.—The Secretary shall allot funds in 

15 an amount determined under subsection (b) to each eligible 

16 institution to support the attainment of bachelor’s degrees 

17 among low-income students, which may include providing 

18 financial aid and student support services to such students. 

19 ‘‘(b) ALLOTMENT FORMULA.—For each fiscal year, 

20 each eligible institution shall be allotted an amount under 

21 subsection (a) that bears the same proportion to the amount 

22 appropriated under subsection (c) for such fiscal year as 

23 the number of bachelor’s degrees awarded by the institution 

24 for the award year ending prior to the beginning of the 

25 preceding fiscal year to students who, during such award 

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1 year, received a Federal Pell Grant and graduated from the 

2 program in which such students were enrolled in the normal 

3 time for completion of such program (within the meaning 

4 of section 132(i)(1)(J)(i)) bears to the total number of bach5 elor’s degrees awarded to such students by all eligible insti6 tutions for such award year. 

7 ‘‘(c) DATA.—In determining the allotments under sub8 section (b), the Secretary may request from eligible institu9 tions any data that may be necessary. 

10 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated, and there are appro12 priated, to carry out this section $500,000,000 for fiscal 

13 year 2021 and each succeeding fiscal year. Any amounts 

14 appropriated under this subsection shall be available until 

15 expended. 

16 ‘‘(e) DEFINITIONS.—In this section: 

17 ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible 

18 institution’ means an institution of higher education 

19 (as defined in section 101)— 

20 ‘‘(A) in which, for the 3 most recent award 

21 years, the average percentage of undergraduate 

22 students enrolled at the institution who received 

23 Federal Pell Grants is not less than 25 percent 

24 of the total number of undergraduate students 

25 enrolled at such institution; and 

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1 ‘‘(B) that has not opted out of receiving an 

2 allotment under this section. 

3 ‘‘(2) LOW-INCOME STUDENT.—The term ‘low-in4 come student’ has the meaning given such term in 

5 section 499R(3).’’. 

6 PART B—FEDERAL FAMILY EDUCATION LOAN 

7 PROGRAM 

8 SEC. 4101. TERMINATION OF CERTAIN REPAYMENT PLAN 

9 OPTIONS AND OPPORTUNITY TO CHANGE RE10 PAYMENT PLANS. 

11 (a) SELECTION OF REPAYMENT PLANS.—Section 

12 428(b) of the Higher Education Act of 1965 (20 U.S.C. 

13 1078(b)) is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (D)— 

16 (i) in clause (ii), by striking ‘‘may an17 nually change the selection of a repayment 

18 plan under this part,’’ and inserting ‘‘may 

19 at any time after July 1, 2021, change the 

20 selection of a repayment plan under this 

21 part to one of the 2 repayment plans de22 scribed in paragraph (9)(C),’’; and 

23 (ii) in clause (iii), by striking ‘‘be sub24 ject to income contingent repayment in ac25 cordance with subsection (m);’’ and insertVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00455 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ing ‘‘be subject to income-based repayment 

2 in accordance with section 493C(f);’’; and 

3 (B) in subparagraph (E)(i), by striking 

4 ‘‘the option of repaying the loan in accordance 

5 with a standard, graduated, income-sensitive, or 

6 extended repayment schedule (as described in 

7 paragraph (9)) established by the lender in ac8 cordance with regulations of the Secretary; and’’ 

9 and inserting ‘‘the option of repaying the loan 

10 in accordance with a repayment plan described 

11 in paragraph (9)(C) established by the lender in 

12 accordance with regulations of the Secretary; 

13 and’’; and 

14 (2) in paragraph (9), by adding at the end the 

15 following: 

16 ‘‘(C) SELECTION OF REPAYMENT PLANS ON

17 AND AFTER JULY 1, 2021.—Notwithstanding any 

18 other provision of this paragraph, or any other 

19 provision of law, and in accordance with regula20 tions, beginning on July 1, 2021, the lender shall 

21 offer a borrower of a loan made, insured, or 

22 guaranteed under this part the opportunity to 

23 change repayment plans, and to enroll in one of 

24 the following repayment plans: 

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1 ‘‘(i) A fixed repayment plan described 

2 in section 493E. 

3 ‘‘(ii) The income-based repayment plan 

4 under section 493C(f).’’. 

5 (b) ASSIGNMENT BY THE SECRETARY.—Section 

6 428(m) of the Higher Education Act of 1965 (20 U.S.C. 

7 1078(m)) is amended— 

8 (1) in the subsection heading, by striking ‘‘IN9 COME CONTINGENT AND’’; 

10 (2) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) AUTHORITY OF SECRETARY TO REQUIRE.— 

13 The Secretary may require borrowers who have de14 faulted on loans made under this part that are as15 signed to the Secretary under subsection (c)(8) to 

16 repay those loans under the income-based repayment 

17 plan under section 493C(f).’’; and 

18 (3) in the heading for paragraph (2), by striking 

19 ‘‘INCOME CONTINGENT OR’’. 

20 SEC. 4102. TERMINATION OF INTEREST CAPITALIZATION 

21 FOR SUBSIDIZED LOANS AFTER CERTAIN PE22 RIODS. 

23 Section 428(c)(3)(C) of the Higher Education Act of 

24 1965 (20 U.S.C. 1078(c)(3)(C)) is amended— 

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1 (1) in clause (iii), by inserting before the semi2 colon the following: ‘‘, and with respect to a forbear3 ance granted to a borrower on or after the date of en4 actment of the College Affordability Act on a loan 

5 made, insured or guaranteed under this section, pro6 vide information to the borrower to assist the bor7 rower in understanding that interest shall accrue on 

8 the loan but not be capitalized at the expiration of 

9 such period of forbearance’’; and 

10 (2) in clause (iv)— 

11 (A) in subclause (III), by inserting before 

12 the semicolon at the end the following: ‘‘, except 

13 that this subclause shall not apply with respect 

14 to any period of forbearance beginning on or 

15 after the date of enactment of the College Afford16 ability Act’’; and 

17 (B) in subclause (IV), by inserting before 

18 the semicolon at the end the following: ‘‘except 

19 that this subclause shall not apply with respect 

20 to any period of forbearance beginning on or 

21 after the date of enactment of the College Afford22 ability Act’’. 

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1 SEC. 4103. TERMINATION OF INTEREST CAPITALIZATION 

2 FOR PLUS LOANS AFTER CERTAIN PERIODS. 

3 Section 428B(d)(2) of the Higher Education Act of 

4 1965 (20 U.S.C. 1078–2(d)(2)) is amended— 

5 (1) in subparagraph (A), by striking ‘‘Interest 

6 on’’ and inserting ‘‘Subject to subparagraph (C), in7 terest on’’; and 

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

9 ‘‘(C) INTEREST CAPITALIZATION.—Interest 

10 shall not be added to the principal amount of a 

11 loan made under this section at the expiration of 

12 any period that begins on or after the date of en13 actment of the College Affordability Act, of— 

14 ‘‘(i) deferment described in clause 

15 (i)(II), (ii), (iii), or (iv) of section 

16 427(a)(2)(C) or clause (i)(II), (ii), (iii), 

17 (iv), or (v) of section 428(b)(1)(M); or 

18 ‘‘(ii) forbearance.’’. 

19 SEC. 4104. CONSOLIDATION LOANS. 

20 (a) SUBSEQUENT CONSOLIDATION LOANS.—Section 

21 428C(a)(3)(B)(i)(V) of the Higher Education Act of 1965 

22 (20 U.S.C. 1078–3(a)(3)(B)(i)(V)) is amended— 

23 (1) by striking ‘‘or’’ at the end of item (bb); 

24 (2) by striking the period at the end of item (cc) 

25 and inserting a semicolon; and 

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

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1 ‘‘(dd) for the purpose of sepa2 rating a joint consolidation loan 

3 into 2 separate Federal Direct 

4 Consolidation Loans under section 

5 455(g)(2); or 

6 ‘‘(ee) for the purpose of sec7 tion 455(m)(9)(A)(ii), 

8 493C(f)(2)(G), or 493E(c).’’. 

9 (b) TERMINATION OF INTEREST CAPITALIZATION

10 AFTER CERTAIN PERIODS.—Section 428C(b)(4)(C)(ii)(III) 

11 of the Higher Education Act of 1965 (20 U.S.C. 1078– 

12 3(b)(4)(C)(ii)(III)) is amended by inserting before the semi13 colon the following: ‘‘, except that with respect to a period 

14 of deferment described in clause (i)(II), (ii), (iii), (iv), or 

15 (v) of section 428(b)(1)(M), or any period of forbearance, 

16 beginning on or after the date of enactment of the College 

17 Affordability Act on such a consolidation loan, interest 

18 shall not be capitalized at the expiration of such period of 

19 deferment or forbearance’’. 

20 SEC. 4105. DEFAULT REDUCTION PROGRAM. 

21 Section 428F(a)(1)(C) of the Higher Education Act of 

22 1965 (20 U.S.C. 1078–6(a)(1)(C)) is amended by striking 

23 ‘‘to remove the record of the default from the borrower’s 

24 credit history’’ and inserting ‘‘to remove any adverse item 

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1 of information relating to such loan from the borrower’s 

2 credit history’’. 

3 SEC. 4106. TERMINATION OF INTEREST CAPITALIZATION 

4 FOR UNSUBSIDIZED LOANS AFTER CERTAIN 

5 PERIODS. 

6 Section 428H(e)(2)(A)(ii)(III) of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1078–8(e)(2)(A)(ii)(III)) is 

8 amended by inserting before the semicolon the following: ‘‘, 

9 except that with respect to a period of deferment described 

10 in clause (i)(II), (ii), (iii), or (iv) of section 427(a)(2)(C) 

11 or clause (i)(II), (ii), (iii), (iv), or (v) of section 

12 428(b)(1)(M), or any period of forbearance, beginning on 

13 or after the date of enactment of the College Affordability 

14 Act on a loan made, insured, or guaranteed under this sec15 tion, interest shall not be added to the principal amount 

16 of the loan at the expiration of such period of deferment 

17 or forbearance’’. 

18 SEC. 4107. DISBURSEMENT OF STUDENT LOANS. 

19 Section 428G of the Higher Education Act of 1965 (20 

20 U.S.C. 1078–7(a)) is amended— 

21 (1) in subsection (a) by adding at the end the 

22 following: 

23 ‘‘(5) ADJUSTED COHORT DEFAULT RATE.—Be24 ginning on the date on which the final adjusted co25 hort default rates are published by the Secretary for 

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1 not less than 3 fiscal years under section 435(m), an 

2 institution whose adjusted cohort default rate (as de3 termined under section 435(m)) for each of the 3 most 

4 recent fiscal years for which data are available is less 

5 than 5 percent may disburse any loan made, insured, 

6 or guaranteed under this part in a single installment 

7 for any period of enrollment that is not more than 1 

8 semester, 1 trimester, 1 quarter, or 4 months.’’; and 

9 (2) in subsection (e), by inserting before the pe10 riod the following: ‘‘, or beginning on the date on 

11 which the final adjusted cohort default rates are pub12 lished by the Secretary for fiscal year 2018 under sec13 tion 435(m), an adjusted cohort default rate (as deter14 mined under section 435(m)) of less than 2 percent’’. 

15 SEC. 4108. STUDENT LOAN CONTRACT AND LOAN DISCLO16 SURES. 

17 (a) STUDENT LOAN CONTRACT.—Section 

18 432(m)(1)(D) of the Higher Education Act of 1965 (20 

19 U.S.C. 1082(m)(1)(D)) is amended by adding at the end 

20 the following: 

21 ‘‘(iv) STUDENT LOAN CONTRACT.— 

22 ‘‘(I) IN GENERAL.—Any master 

23 promissory note form described in this 

24 subparagraph that is developed or used 

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1 ods of enrollment beginning on or after 

2 the date of enactment of the College Af3 fordability Act shall be referred to as a 

4 ‘student loan contract’. 

5 ‘‘(II) CLARIFICATION ON USE.— 

6 Notwithstanding clause (i), each stu7 dent loan contract for a part D loan 

8 made for periods of enrollment begin9 ning on or after the date of enactment 

10 of the College Affordability Act shall— 

11 ‘‘(aa) not be entered into by 

12 a student unless the student has 

13 completed all required counseling 

14 related to such loan, including 

15 counseling required under section 

16 485(l); 

17 ‘‘(bb) be signed by the stu18 dent entering such student loan 

19 contract after completion of such 

20 counseling; and 

21 ‘‘(cc) be used only for the 

22 academic year for which the ini23 tial loans are made under the con24 tract, and shall not be valid for 

25 additional loans for the same or 

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1 subsequent periods of enroll2 ment.’’. 

3 (b) LOAN DISCLOSURES.—Section 432(m)(1)(D) of the 

4 Higher Education Act of 1965 (20 U.S.C. 1082(m)(1)(D)) 

5 is further amended by adding after clause (iv) (as added) 

6 the following: 

7 ‘‘(v) LOAN DISCLOSURES.—For loans 

8 made for periods of enrollment beginning on 

9 or after the date of enactment of the College 

10 Affordability Act, the Secretary shall take 

11 such steps as are necessary to streamline the 

12 student loan disclosure requirements under 

13 this Act. The Secretary shall ensure that in14 formation required to be disclosed to a stu15 dent who is applying for, receiving, or pre16 paring to repay a loan under part D of this 

17 Act shall be streamlined in a manner 

18 that— 

19 ‘‘(I) based upon consumer testing, 

20 reduces and simplifies the paperwork 

21 students are required to complete; and 

22 ‘‘(II) limits the number of times 

23 students are presented with disclosures 

24 by incorporating the streamlined dis25 closures into required student loan 

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1 counseling under section 485(l), the 

2 student loan contract under this sub3 paragraph, or both.’’. 

4 SEC. 4109. BORROWER ADVOCATE CONFORMING AMEND5 MENTS. 

6 Section 433 of the Higher Education Act of 1965 (20 

7 U.S.C. 1083) is amended— 

8 (1) in subsection (b)(13), by striking ‘‘Student 

9 Loan Ombudsman’’ and inserting ‘‘Borrower Advo10 cate’’; and 

11 (2) in subsection (e)(3)(E), by striking ‘‘Student 

12 Loan Ombudsman’’ and inserting ‘‘Borrower Advo13 cate’’. 

14 SEC. 4110. COHORT DEFAULT RATES. 

15 (a) INELIGIBILITY BASED ON HIGH DEFAULT

16 RATES.— 

17 (1) IN GENERAL.—Section 435(a) of the Higher 

18 Education Act of 1965 (20 U.S.C. 1085(a)) is amend19 ed— 

20 (A) in paragraph (7)(A), by adding at the 

21 end the following: 

22 ‘‘(iii) DEFAULT MANAGEMENT PLAN.— 

23 The default management plan required 

24 under clause (i) may not include placing 

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1 ducing the cohort default rate or the ad2 justed cohort default rate of the institu3 tion.’’; and 

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

5 ‘‘(9) INELIGIBILITY BASED ON HIGH ADJUSTED

6 COHORT DEFAULT RATES.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraphs (B) and (D), beginning on the 

9 date that is one year after the date on which the 

10 final adjusted cohort default rates are published 

11 by the Secretary for not less than 3 fiscal years, 

12 in a case in which one of the following deter13 minations is made with respect to an institu14 tion, such institution shall be ineligible to par15 ticipate in a program under this title for the fis16 cal year for which the determination is made 

17 and for the two succeeding fiscal years: 

18 ‘‘(i) The institution’s adjusted cohort 

19 default rate is greater than 20 percent for 

20 each of the 3 most recent fiscal years for 

21 which the final adjusted cohort default rates 

22 are published. 

23 ‘‘(ii) With respect to the 6 most recent 

24 fiscal years for which the final adjusted co25 hort default rates are published— 

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1 ‘‘(I) the institution’s adjusted co2 hort default rate is greater than 15 

3 percent for each such fiscal year; and 

4 ‘‘(II) the Secretary determines 

5 that, during such 6-year period, the in6 stitution has not made adequate 

7 progress in meeting standards for stu8 dent achievement established by the rel9 evant accrediting agency or association 

10 pursuant to section 496(a)(5)(A). 

11 ‘‘(iii) With respect to the 8 most recent 

12 fiscal years for which the final adjusted co13 hort default rates are published— 

14 ‘‘(I) the institution’s adjusted co15 hort default rate is greater than 10 

16 percent for each such fiscal year; and 

17 ‘‘(II) the Secretary determines 

18 that, during such 8-year period, the in19 stitution has not made adequate 

20 progress in meeting standards for stu21 dent achievement established by the rel22 evant accrediting agency or association 

23 pursuant to section 496(a)(5)(A). 

24 ‘‘(B) EXCEPTIONS FOR CERTAIN CAT25 EGORIES OF EDUCATIONAL PROGRAMS.—With reVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 spect to an institution that loses eligibility to 

2 participate in a program under this title in ac3 cordance with subparagraph (A)(ii), such insti4 tution may request and be granted an exception 

5 to such loss of eligibility for a category of edu6 cational programs at such institution by dem7 onstrating to the Secretary that the adjusted co8 hort default rate for the category of educational 

9 programs is 15 percent or less for each fiscal 

10 year of the 6-year period on which such loss of 

11 eligibility for the institution is based. 

12 ‘‘(C) DETERMINATION OF THE ADJUSTED

13 COHORT RATE FOR A CATEGORY OF EDU14 CATIONAL PROGRAMS.—In determining the ad15 justed cohort default rate for a category of edu16 cational programs for purposes of this para17 graph— 

18 ‘‘(i) subsection (m) shall be applied— 

19 ‘‘(I) in paragraph (1)— 

20 ‘‘(aa) in subparagraph (A), 

21 by substituting ‘received for en22 rollment in the category of edu23 cational programs for which such 

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1 ceived for attendance at the insti2 tution’; and 

3 ‘‘(bb) in subparagraph 

4 (E)(i)(II), by substituting, ‘per5 centage of students enrolled in the 

6 category of educational programs 

7 for which such rate is being deter8 mined’ for ‘percentage of students 

9 enrolled at the institution’; and 

10 ‘‘(II) as if the following were 

11 added at the end of paragraph (2): 

12 ‘‘ ‘(E) In the case of a student who has re13 ceived a loan for enrollment in more than one 

14 category of educational programs, the student 

15 (and such student’s subsequent repayment or de16 fault) is attributed to the last category of edu17 cational programs in which such student was en18 rolled.’. 

19 ‘‘(D) TRANSITION EXCEPTION.— 

20 ‘‘(i) IN GENERAL.—A covered institu21 tion with an adjusted cohort default rate 

22 that is greater than 20 percent for the first 

23 fiscal year for which such rates are pub24 lished by the Secretary may request that 

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1 eligibility under paragraph (9)(A) not be 

2 based on the adjusted cohort default rate of 

3 such institution for any or all of the first 

4 3 fiscal years for which such rates are pub5 lished by the Secretary. 

6 ‘‘(ii) REQUIREMENT.—To be granted a 

7 request under clause (i), an institution shall 

8 submit to the Secretary a default manage9 ment plan as specified in paragraph (7). 

10 ‘‘(iii) DEFINITION OF COVERED INSTI11 TUTION.—In this subparagraph, the term 

12 ‘covered institution’ means— 

13 ‘‘(I) a public institution of higher 

14 education; 

15 ‘‘(II) a part B institution (as de16 fined in section 322); or 

17 ‘‘(III) a private, nonprofit insti18 tution of higher education at which not 

19 less than 45 percent of the total student 

20 enrollment consists of low-income stu21 dents (as such term is defined in sec22 tion 419N(b)(7)). 

23 ‘‘(E) CATEGORY OF EDUCATIONAL PRO24 GRAMS DEFINED.—The term ‘category of eduVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00470 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cational programs’, when used with respect to an 

2 institution, means one of the following: 

3 ‘‘(i) The educational programs at the 

4 institution leading to an undergraduate, 

5 non-degree credential. 

6 ‘‘(ii) The educational programs at the 

7 institution leading to an associate’s degree. 

8 ‘‘(iii) The educational programs at the 

9 institution leading to a bachelor’s degree. 

10 ‘‘(iv) The educational programs at the 

11 institution leading to a graduate, non-de12 gree credential. 

13 ‘‘(v) The educational program at the 

14 institution leading to a graduate degree. 

15 ‘‘(10) APPLICATION OF ADJUSTED COHORT DE16 FAULT RATE.—Beginning on the date on which the 

17 final adjusted cohort default rates are published by 

18 the Secretary for not less than 3 fiscal years— 

19 ‘‘(A) paragraph (1) shall be applied by sub20 stituting ‘paragraph (9)’ for ‘paragraph (2)’. 

21 ‘‘(B) paragraph (3) shall be applied by sub22 stituting ‘adjusted cohort default rate, calculated 

23 in accordance with subsection (m)(1)(D), is 

24 greater than 20 percent for any 3 consecutive fis25 cal years’ for ‘cohort default rate, calculated in 

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1 accordance with subsection (m), is equal to or 

2 greater than the threshold percentage specified in 

3 paragraph (2)(B)(iv) for any two consecutive fis4 cal years’; 

5 ‘‘(C) paragraph (4) shall be applied— 

6 ‘‘(i) in subparagraph (C), by sub7 stituting ‘adjusted cohort default rate is 

8 greater than 15 percent’ for ‘cohort default 

9 rate equals or exceeds 20 percent’; and 

10 ‘‘(ii) in the matter following subpara11 graph (C), by substituting ‘adjusted cohort 

12 default rate to reflect the percentage of de13 faulted loans in the representative sample 

14 that are required to be excluded pursuant to 

15 subsection (m)(1)(B)’ for ‘cohort default rate 

16 to reflect the percentage of defaulted loans 

17 in the representative sample that are re18 quired to be excluded pursuant to subsection 

19 (m)(1)(B)’; 

20 ‘‘(D) paragraph (5)(A) shall be applied by 

21 substituting ‘paragraph (9)’ for ‘paragraph (2)’; 

22 and 

23 ‘‘(E) paragraph (7) shall be applied— 

24 ‘‘(i) in subparagraph (A)(i)— 

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1 ‘‘(I) in the matter preceding sub2 clause (I), by substituting ‘adjusted co3 hort default rate is greater than 20 

4 percent’ for ‘cohort default rate is equal 

5 to or greater than the threshold per6 centage specified in paragraph 

7 (2)(B)(iv)’; and 

8 ‘‘(II) in subclauses (I) and (II), 

9 by substituting ‘adjusted cohort default 

10 rate’ for ‘cohort default rate’; and 

11 ‘‘(ii) in subparagraph (B)(i), by sub12 stituting ‘adjusted cohort default rate is 

13 greater than 20 percent’ for ‘cohort default 

14 rate is equal to or greater than the threshold 

15 percentage specified in paragraph 

16 (2)(B)(iv)’.’’. 

17 (2) CONFORMING AMENDMENTS.—Section 

18 435(a)(2) of the Higher Education Act of 1965 (20 

19 U.S.C. 1085(a)) is amended— 

20 (A) in the paragraph heading, by adding at 

21 the end the following: ‘‘BEFORE FISCAL YEAR

22 2018’’; and 

23 (B) in subparagraph (B)(iv), by striking 

24 ‘‘and any succeeding fiscal year’’ and inserting 

25 ‘‘through fiscal year 2017’’. 

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1 (b) ADJUSTED COHORT DEFAULT RATE DEFINED.— 

2 Section 435(m)(1) of the Higher Education Act of 1965 (20 

3 U.S.C. 1085(m)(1)) is amended by adding at the end the 

4 following: 

5 ‘‘(D)(i) With respect to a cohort default rate cal6 culated for an institution under this paragraph for 

7 fiscal year 2018 and for each succeeding fiscal year, 

8 such cohort default rate shall be adjusted as follows: 

9 ‘‘(I) In determining the number of current 

10 and former students at an institution who enter 

11 repayment for such fiscal year— 

12 ‘‘(aa) any such student who is in non13 mandatory forbearance for such fiscal year 

14 for a period of greater than 18 months but 

15 less than 36 months shall not be counted as 

16 entering repayment for such fiscal year; 

17 ‘‘(bb) such a student shall be counted 

18 as entering repayment for the first fiscal 

19 year for which the student ceases to be in a 

20 period of forbearance and otherwise meets 

21 the requirements for being in repayment; 

22 and 

23 ‘‘(cc) any such student who is in a pe24 riod of forbearance for 3 or more years shall 

25 be counted as in default and included in the 

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1 institution’s total number of students in de2 fault. 

3 ‘‘(II) Such rate shall be multiplied by the 

4 percentage of students enrolled at the institution 

5 for such fiscal year who are borrowing a loan 

6 under part D of this title. 

7 ‘‘(ii) The result obtained under this subpara8 graph for an institution shall be referred to in this 

9 Act as the ‘adjusted cohort default rate’.’’. 

10 (c) PUBLICATION OF ADJUSTED COHORT DEFAULT

11 RATE.—Section 435(m) of the Higher Education Act of 

12 1965 (20 U.S.C. 1085(m)) is amended by adding at the end 

13 the following: 

14 ‘‘(5) ADJUSTED COHORT DEFAULT RATES.—Be15 ginning on the date on which the final adjusted co16 hort default rates for fiscal year 2018 are made avail17 able for publication by the Secretary, paragraph (4) 

18 shall be applied by substituting ‘adjusted cohort de19 fault’ for ‘cohort default’ each place it appears.’’. 

20 SEC. 4111. AUTOMATIC INCOME MONITORING PROCEDURES 

21 AFTER A TOTAL AND PERMANENT DISABILITY 

22 DISCHARGE. 

23 Section 437(a) of the Higher Education Act of 1965 

24 (20 U.S.C. 1087(a)) is amended by adding at the end the 

25 following: 

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1 ‘‘(3) AUTOMATIC INCOME MONITORING.— 

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

3 after the date of enactment of the College Afford4 ability Act, the Secretary shall establish and im5 plement, with respect to any borrower described 

6 in subparagraph (B), procedures to— 

7 ‘‘(i) obtain (for each year of the in8 come-monitoring period described in sub9 paragraph (B) and without further action 

10 by the borrower) such information as is rea11 sonably necessary regarding the income of 

12 such borrower for the purpose of deter13 mining the borrower’s continued eligibility 

14 for the loan discharge described in subpara15 graph (B) for such year, and any other in16 formation necessary to determine such con17 tinued eligibility of the borrower for such 

18 year, except that in the case of a borrower 

19 whose returns and return information indi20 cate that the borrower has no earned income 

21 for any year of such income-monitoring pe22 riod, such borrower shall be treated as not 

23 having earned income in excess of the pov24 erty line for such year subject to clause (ii); 

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1 ‘‘(ii) allow the borrower, at any time, 

2 to opt out of clause (i) and prevent the Sec3 retary from obtaining information under 

4 such clause without further action by the 

5 borrower; and 

6 ‘‘(iii) provide the borrower with an op7 portunity to update the information ob8 tained under clause (i) before the deter9 mination of the borrower’s continued eligi10 bility for such loan discharge for such year. 

11 ‘‘(B) APPLICABILITY.—Subparagraph (A) 

12 shall apply— 

13 ‘‘(i) to each borrower of a covered loan 

14 (defined in section 455(d)(10)) that is dis15 charged under this subsection or section 

16 464(c)(1)(F) due to the permanent and total 

17 disability of the borrower; and 

18 ‘‘(ii) during the income-monitoring pe19 riod under this subsection, defined in this 

20 paragraph as the period— 

21 ‘‘(I) beginning on the date on 

22 which such loan is so discharged; and 

23 ‘‘(II) during which the Secretary 

24 determines whether a reinstatement of 

25 the obligation of, and resumption of 

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1 collection on, such loan may be nec2 essary.’’. 

3 SEC. 4112. AUTOMATIC CLOSED SCHOOL DISCHARGE. 

4 Section 437(c) of the Higher Education Act of 1965 

5 (20 U.S.C. 1087(c)) is amended— 

6 (1) by redesignating paragraphs (2) through (5) 

7 as paragraphs (3) through (6), respectively; and 

8 (2) by inserting after paragraph (1), the fol9 lowing: 

10 ‘‘(2) AUTOMATIC CLOSED SCHOOL DISCHARGE.— 

11 ‘‘(A) SECRETARIAL REQUIREMENTS.—With 

12 respect to a borrower described in subparagraph 

13 (B), the Secretary shall, without any further ac14 tion by the borrower, discharge the borrower’s li15 ability on the loan described in subparagraph 

16 (B)(i). 

17 ‘‘(B) BORROWER REQUIREMENTS.—A bor18 rower described in this subparagraph means a 

19 borrower who— 

20 ‘‘(i) receives a loan— 

21 ‘‘(I) made, insured, or guaranteed 

22 under this title for enrollment in a 

23 program that the borrower was unable 

24 to complete due to the closure of the in25 stitution; and 

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1 ‘‘(II) for which the Secretary has 

2 not already discharged the borrower’s 

3 liability on such loan pursuant to this 

4 subsection; and 

5 ‘‘(ii) as of the date that is 2 years after 

6 the closure of the institution, has not re-en7 rolled in an institution of higher education 

8 that participates in programs under this 

9 title.’’. 

10 SEC. 4113. REPAYMENT OF PARENT LOANS DUE TO STU11 DENT DISABILITY. 

12 Section 437(d) of the Higher Education Act of 1965 

13 (20 U.S.C. 1087(d)) is amended— 

14 (1) by striking ‘‘If a student’’ and inserting the 

15 following: 

16 ‘‘(1) DEATH.—If a student’’; and 

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

18 ‘‘(2) DISABILITY.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall dis20 charge a parent’s liability on a loan described in 

21 section 428B by repaying the amount owed on 

22 the loan if the student on whose behalf the parent 

23 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 period 

9 of not less than 60 months, or can be ex10 pected to last for a continuous period of not 

11 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 pre18 vent fraud and abuse developed under subsection 

19 (a)(1) shall apply under this paragraph. 

20 ‘‘(D) REINSTATEMENT OF LOANS.—The Sec21 retary may promulgate regulations to reinstate 

22 the obligation of, and resume collection on, loans 

23 discharged under this paragraph in cases in 

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1 propriate based upon the regulations developed 

2 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 inserting 

11 ‘‘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 pe2 riod 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 sus11 tained interactions with industry, community, or academic 

12 professionals in real workplace settings that shall— 

13 ‘‘(1) include on campus opportunities; 

14 ‘‘(2) foster in-depth, first-hand engagement with 

15 the tasks required of a given career field that are 

16 aligned to a student’s field of study; and 

17 ‘‘(3) may include internships, fellowships, re18 search assistant positions, teacher residencies, partici19 pation in cooperative education, and apprenticeships 

20 registered under the Act of August 16, 1937 (com21 monly known as the ‘‘National Apprenticeship Act’’; 

22 50 Stat. 664, chapter 663; 29 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. 442. 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 of 

8 the enactment of the College Affordability Act, 

9 for a fiscal year in which the amount appro10 priated 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 funds 

26 awarded at the improved institution 

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1 for the second preceding fiscal year 

2 bears to the total amount of Federal 

3 Pell Grant funds awarded at improved 

4 institutions participating under this 

5 part for the second preceding fiscal 

6 year. 

7 ‘‘(II) $5,000. 

8 ‘‘(B) IMPROVED INSTITUTION DESCRIBED.— 

9 For purposes of this paragraph, an improved in10 stitution is an institution that, on the date the 

11 Secretary makes an allocation under subpara12 graph (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 

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1 tion, in the top 50 percent of the insti2 tutions described in subclause (I); and 

3 ‘‘(III) the annual increase in the 

4 completion rate or graduation rate of 

5 Federal Pell Grant recipients at the in6 stitution, in the top 50 percent of the 

7 institutions described in subclauses (I) 

8 and (II). 

9 ‘‘(C) COMPLETION RATE OR GRADUATION

10 RATE.—For purposes of determining the comple11 tion rate or graduation rate under this section, 

12 a Federal Pell Grant recipient who is either a 

13 full-time student or a part-time student shall be 

14 counted as a completer or graduate if, within 

15 150 percent of the normal time for completion of 

16 or graduation from the program, the student has 

17 completed or graduated from the program, or en18 rolled in any program of an institution partici19 pating in any program under this title for which 

20 the prior program provides substantial prepara21 tion. 

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 

25 reserves funds under subparagraph (A), the Secretary 

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1 shall reserve $30,000,000 to carry out grants under 

2 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 to 

6 such institution under this subsection for any fiscal 

7 year, the Secretary shall reallot such excess to im8 proved institutions on the same basis as under para9 graph (1)(A). 

10 ‘‘(4) PUBLICATION.—Beginning 1 year after the 

11 first allocations are made to improved institutions 

12 under paragraph (1)(A) and annually thereafter, the 

13 Secretary shall make publicly available— 

14 ‘‘(A) a list of the improved institutions that 

15 received funding under such paragraph in the 

16 prior fiscal year; 

17 ‘‘(B) the percentage of students at each such 

18 improved institution that are Federal Pell Grant 

19 recipients; 

20 ‘‘(C) the completion rate or graduation rate 

21 for the students described in subparagraph (B) 

22 with respect to each such improved institution; 

23 and 

24 ‘‘(D) a comparison between the information 

25 described in subparagraphs (A), (B), and (C) for 

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1 the prior fiscal year for such improved institu2 tion, and such information for the year prior to 

3 such year. 

4 ‘‘(c) ALLOCATION FORMULA FOR FISCAL YEARS 2021 

5 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 sub9 section (a), the Secretary shall allocate to each insti10 tution— 

11 ‘‘(A) for fiscal year 2021, an amount equal 

12 to the greater of— 

13 ‘‘(i) 90 percent of the amount the insti14 tution received under this subsection and 

15 subsection (a) for fiscal year 2020, as such 

16 subsections were in effect with respect to 

17 such fiscal year (in this subparagraph re18 ferred to as ‘the 2020 amount for the insti19 tution’); 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 for 

25 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 for 

6 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 for 

12 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 for 

19 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 funds 

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1 under subsection (a) is less than the amount re2 quired to be allocated to the institutions under 

3 this subsection, then the amount of the allocation 

4 to each institution shall be ratably reduced. 

5 ‘‘(B) ADDITIONAL APPROPRIATIONS.—If the 

6 amounts allocated to each institution are ratably 

7 reduced under subparagraph (A) for a fiscal year 

8 and additional amounts are appropriated for 

9 such fiscal year, the amount allocated to each in10 stitution from the additional amounts shall be 

11 increased on the same basis as the amounts 

12 under subparagraph (A) were reduced (until 

13 each institution receives the amount required to 

14 be allocated under this subsection). 

15 ‘‘(d) ALLOCATION FORMULA FOR FISCAL YEAR 2026 

16 AND EACH SUCCEEDING FISCAL YEAR.—Except as pro17 vided in subsection (d)(5), from the amount appropriated 

18 under section 441(b) for fiscal year 2026 and each suc19 ceeding fiscal year and remaining after the Secretary re20 serves funds under subsection (a), the Secretary shall allo21 cate to each institution the fair share amount for the insti22 tution determined under subsection (d). 

23 ‘‘(e) DETERMINATION OF FAIR SHARE AMOUNT.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), the 

2 fair share amount for an institution for a fiscal year 

3 shall be equal to the sum of— 

4 ‘‘(A) 100 percent of the institution’s under5 graduate student need described in paragraph 

6 (2) for the preceding fiscal year; and 

7 ‘‘(B) 25 percent of the institution’s graduate 

8 student need described in paragraph (3) for the 

9 preceding fiscal year. 

10 ‘‘(2) INSTITUTIONAL UNDERGRADUATE STUDENT

11 NEED CALCULATION.—The undergraduate student 

12 need for an institution for a fiscal year shall be equal 

13 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 NEED

8 CALCULATION.—The graduate student need for an in9 stitution for a fiscal year shall be equal to the amount 

10 that bears the same proportion to the available appro11 priated amount for such fiscal year as the total 

12 amount of the graduate student need at the institu13 tion for the preceding fiscal year bears to the total 

14 amount of graduate student need at all institutions 

15 participating under this part for the preceding fiscal 

16 year. 

17 ‘‘(4) ELIGIBILITY FOR FAIR SHARE AMOUNT.— 

18 The Secretary may not allocate funds under this part 

19 to any institution that, for two or more fiscal years 

20 during any three fiscal year period beginning not 

21 earlier than the first day of the first fiscal year that 

22 is 2 years after the date of the enactment of this para23 graph, 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 graduate 

5 students, a student population with less than 5 

6 percent of students that have an expected family 

7 contribution of zero. 

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

9 ‘‘(A) AVAILABLE APPROPRIATED AMOUNT.— 

10 In this section, the term ‘available appropriated 

11 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.—The 

17 term ‘average cost of attendance’ means, with re18 spect to an institution, the average of the attend19 ance costs for a fiscal year for students which 

20 shall include— 

21 ‘‘(i) tuition and fees, computed on the 

22 basis of information reported by the institu23 tion to the Secretary, which shall include— 

24 ‘‘(I) total revenue received by the 

25 institution from undergraduate and 

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1 graduate tuition and fees for the second 

2 year preceding the year for which it is 

3 applying for an allocation; and 

4 ‘‘(II) the institution’s enrollment 

5 for such second preceding year; 

6 ‘‘(ii) standard living expenses equal to 

7 150 percent of the difference between the in8 come protection allowance for a family of 

9 five with one in college and the income pro10 tection allowance for a family of six with 

11 one in college for a single independent stu12 dent; and 

13 ‘‘(iii) books and supplies, in an 

14 amount not exceeding $1,000. 

15 ‘‘(C) GRADUATE STUDENT NEED.—The term 

16 ‘graduate student need’ means, with respect to a 

17 graduate student for a fiscal year, the lesser of 

18 the following: 

19 ‘‘(i) The amount equal to (except the 

20 amount computed by this clause shall not be 

21 less than zero)— 

22 ‘‘(I) the average cost of attendance 

23 for the preceding fiscal year, minus 

24 ‘‘(II) such graduate student’s ex25 pected family contribution (computed 

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1 in accordance with part F of this title) 

2 for the preceding fiscal year. 

3 ‘‘(ii) The total annual loan limit for a 

4 Federal Direct Unsubsidized Stafford Loan. 

5 ‘‘(D) UNDERGRADUATE STUDENT NEED.— 

6 The term ‘undergraduate student need’ means, 

7 with respect to an undergraduate student for a 

8 fiscal year, the lesser of the following: 

9 ‘‘(i) The total of the amount equal to 

10 (except the amount computed by this clause 

11 shall not be less than zero)— 

12 ‘‘(I) the average cost of attendance 

13 for the fiscal year, minus 

14 ‘‘(II) such undergraduate stu15 dent’s expected family contribution 

16 (computed in accordance with part F 

17 of this title) for the preceding fiscal 

18 year. 

19 ‘‘(ii) The total annual loan limit for a 

20 Federal Direct Unsubsidized Stafford Loan 

21 and a Federal Direct Loan. 

22 ‘‘(f) RETURN OF SURPLUS ALLOCATED FUNDS.— 

23 ‘‘(1) IN GENERAL.—Except with respect to funds 

24 returned under subsection (a)(3), if an institution re25 turns to the Secretary any portion of the sums alloVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00494 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cated to such institution under this section for any 

2 fiscal year, the Secretary shall reallot such excess to 

3 institutions that used at least 10 percent of the total 

4 amount of funds granted to such institution under 

5 this section to compensate students employed during 

6 a qualified period of nonenrollment (as such term is 

7 defined in section 443(f)) on the same basis as excess 

8 eligible amounts are allocated under subsection (d). 

9 ‘‘(2) USE OF FUNDS.—Funds received by institu10 tions pursuant to this subsection shall, to maximum 

11 extent practicable, be used to compensate students em12 ployed in work-based learning positions. 

13 ‘‘(3) RETAINED FUNDS.— 

14 ‘‘(A) AMOUNT RETURNED.—If an institu15 tion returns more than 10 percent of its alloca16 tion under paragraph (1), the institution’s allo17 cation for the next fiscal year shall be reduced by 

18 the amount returned. 

19 ‘‘(B) WAIVER.—The Secretary may waive 

20 this paragraph for a specific institution if the 

21 Secretary finds that enforcing this paragraph 

22 would be contrary to the interest of the program. 

23 ‘‘(g) FILING DEADLINES.—The Secretary may require 

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1 ner, and containing such information as the Secretary may 

2 require.’’. 

3 SEC. 4203. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 

4 Section 443 of the Higher Education Act of 1965 (20 

5 U.S.C. 1087–53) is amended— 

6 (1) in subsection (b)— 

7 (A) by amending paragraph (2) to read as 

8 follows: 

9 ‘‘(2) provide that funds granted an institution of 

10 higher education, pursuant to this section may only 

11 be used to make payments to students participating 

12 in work-study programs except that an institution— 

13 ‘‘(A) shall, beginning fiscal year 2023— 

14 ‘‘(i) use at least 3 percent of the total 

15 amount of funds granted to such institution 

16 under this section for such fiscal year to 

17 compensate students who have exceptional 

18 need (as defined in section 413C(c)(2)) and 

19 are employed in a work-based learning po20 sition during a qualified period of non21 enrollment, as defined in subsection (f), ex22 cept that the Secretary may waive this 

23 clause if the Secretary determines that en24 forcing this clause would cause hardship for 

25 students at the institution; and 

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1 ‘‘(ii) use at least 7 percent of the total 

2 amount of funds granted to such institution 

3 under this section for such fiscal year to 

4 compensate students employed in work5 based learning positions, except that the 

6 Secretary may waive this clause if the Sec7 retary determines that enforcing this clause 

8 would cause hardship for students at the in9 stitution; 

10 ‘‘(B) may— 

11 ‘‘(i) use a portion of the sums granted 

12 to it to compensate students employed in 

13 community service; 

14 ‘‘(ii) use a portion of the sums granted 

15 to it to meet administrative expenses in ac16 cordance with section 489; 

17 ‘‘(iii) use a portion of the sums grant18 ed to it to meet the cost of a job location 

19 and development program in accordance 

20 with section 446 of this part; and 

21 ‘‘(iv) transfer funds in accordance with 

22 the provisions of section 488;’’; 

23 (B) in paragraph (4)— 

24 (i) by striking ‘‘$300’’ and inserting 

25 ‘‘$500’’; and 

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1 (ii) by inserting ‘‘except as provided 

2 under subsection (f),’’ before ‘‘provide’’; 

3 (C) in paragraph (5)— 

4 (i) in subparagraph (A)(ii), by strik5 ing ‘‘and’’ at the end; 

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

7 ‘‘and’’ after the semicolon; and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(C) the Federal share shall equal 100 per11 cent if the institution is eligible for assistance 

12 under title III or title V;’’. 

13 (D) in paragraph (6)— 

14 (i) by inserting ‘‘who demonstrate ex15 ceptional need (as defined in section 

16 413C(c)(2))’’ after ‘‘students’’; and 

17 (ii) by inserting ‘‘and prioritize em18 ployment for students who are currently 

19 homeless individuals described in section 

20 725 of the McKinney-Vento Homeless Assist21 ance Act (42 U.S.C. 11434a) or foster care 

22 youth’’ after ‘‘institution’’; 

23 (E) in paragraph (7), by striking ‘‘voca24 tional’’ and inserting ‘‘career’’; 

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1 (F) in paragraph (8)(A)(i), by striking ‘‘or 

2 vocational goals’’ and inserting ‘‘career goals’’; 

3 (G) in paragraph (10), by striking ‘‘; and’’ 

4 and inserting a semicolon; 

5 (H) in paragraph (11), by striking the pe6 riod at the end and inserting a semicolon; and 

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

8 ‘‘(12) provide assurances that compensation of 

9 students employed in the work-study program in ac10 cordance with the agreement shall include reimburse11 ment for reasonable travel (not including the purchase 

12 of a vehicle) directly related to such work-study pro13 gram; 

14 ‘‘(13) provide assurances that the institution will 

15 administer and use feedback from the surveys re16 quired under section 450, to improve the experiences 

17 of students employed in the work-study program in 

18 accordance with the agreement; 

19 ‘‘(14) provide assurances that the institution will 

20 collect data from students and employers such that the 

21 employment made available from funds under this 

22 part will, to the maximum extent practicable, com23 plement and reinforce the educational goals or career 

24 goals of each student receiving assistance under this 

25 part; and 

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1 ‘‘(15) provide assurances that if the institution 

2 receives funds under section 442(a)(1)(A), such insti3 tution shall— 

4 ‘‘(A) use such funds to compensate students 

5 employed in the work-study program in accord6 ance with the agreement; and 

7 ‘‘(B) prioritize the awarding of such funds 

8 (and increasing the amount of each award) to 

9 students— 

10 ‘‘(i) who demonstrate exceptional need 

11 (as defined in section 413C(c)(2)); and 

12 ‘‘(ii) who are employed in work-based 

13 learning opportunities through the work 

14 study program in accordance with the 

15 agreement.’’; 

16 (2) in subsection (c)— 

17 (A) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) provide that— 

20 ‘‘(A) in the case of an institution that has 

21 not received a waiver from the Secretary, such 

22 institution will not use more than 25 percent of 

23 the funds made available to such institution 

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1 ation of the program described in paragraph (1); 

2 and 

3 ‘‘(B) in the case of an institution that has 

4 received a waiver from the Secretary, such insti5 tution will not use more than 50 percent of the 

6 funds made available to such institution under 

7 this part for any fiscal year for the operation of 

8 the program described in paragraph (1);’’. 

9 (B) in paragraph (4)— 

10 (i) by inserting ‘‘and complement and 

11 reinforce the educational goals or career 

12 goals of each student receiving assistance 

13 under this part’’ after ‘‘academically rel14 evant’’; and 

15 (ii) by striking ‘‘and’’ at the end; 

16 (C) in paragraph (5), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

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

19 ‘‘(6) provide assurances that compensation of 

20 students employed in the work-study program in ac21 cordance with the agreement shall include reimburse22 ment for reasonable travel (not including the purchase 

23 of a vehicle) directly related to such work-study pro24 gram.’’; 

25 (3) in subsection (d)(1)— 

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1 (A) by striking ‘‘In any academic year to 

2 which subsection (b)(2)(A) applies, an institu3 tion shall ensure that’’ and inserting ‘‘An insti4 tution may use the’’; and 

5 (B) by striking ‘‘travel’’ and inserting ‘‘rea6 sonable travel (not including the purchase of a 

7 vehicle)’’; and 

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

9 ‘‘(f) QUALIFIED PERIOD OF NONENROLLMENT.— 

10 ‘‘(1) IN GENERAL.—A student may be awarded 

11 work-study employment during a qualified period of 

12 nonenrollment if— 

13 ‘‘(A) the student demonstrates exceptional 

14 need (as defined in section 413C(c)(2)) in the 

15 award year prior to the qualified period of non16 enrollment; 

17 ‘‘(B) the student is employed in a work18 based learning position; and 

19 ‘‘(C) the employment— 

20 ‘‘(i) involves less than 25 percent ad21 ministrative work; and 

22 ‘‘(ii) is for at least 20 hours per week, 

23 unless the institution waives such require24 ment— 

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1 ‘‘(I) at the request of the student; 

2 or 

3 ‘‘(II) based on a finding by the 

4 institution that such requirement pre5 sents a hardship in finding a work6 based learning position for the student. 

7 ‘‘(2) FUNDS EARNED.— 

8 ‘‘(A) IN GENERAL.—Any funds earned by a 

9 student (beyond standard living expenses (as 

10 such term is described in section 413D(c)(3)(C))) 

11 during the qualified period of nonenrollment less 

12 than or equal to $2,500 may not be applied to 

13 such student’s cost of attendance for the next pe14 riod in which the student is enrolled. 

15 ‘‘(B) EXCESS FUNDS.—Any funds earned by 

16 a student (beyond standard living expenses (as 

17 such term is described in section 413D(c)(3)(C))) 

18 during the qualified period of nonenrollment in 

19 excess of $2,500 shall be applied to such student’s 

20 cost of attendance for the next period in which 

21 the student is enrolled. 

22 ‘‘(3) DEFINITION OF QUALIFIED PERIOD OF NON23 ENROLLMENT.—In this subsection, the term ‘qualified 

24 period of nonenrollment’ means, with respect to a stu25 dent, a period of nonenrollment that— 

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1 ‘‘(A) occurs between a period of enrollment 

2 and a period of anticipated enrollment; and 

3 ‘‘(B) the duration of which is no longer 

4 than 6 months. 

5 ‘‘(g) COOPERATIVE EDUCATION.— 

6 ‘‘(1) IN GENERAL.—A student may be awarded 

7 work-study employment for participation in coopera8 tive education on— 

9 ‘‘(A) a part-time basis; or 

10 ‘‘(B) a full-time basis for a period equal to 

11 or less than 6 months. 

12 ‘‘(2) PRIVATE AGREEMENTS FOR COOPERATIVE

13 EDUCATION.—As part of its agreement described in 

14 subsection (b), an institution of higher education 

15 may, at its option, enter into an additional agree16 ment with the Secretary which shall provide for the 

17 operation by the institution of a program of coopera18 tive education of its students (on the basis described 

19 in subparagraph (A) or (B) of paragraph (1)) by a 

20 private for-profit organization under an agreement 

21 between the institution and such organization that 

22 complies with the requirements of subsection (c). 

23 ‘‘(3) FULL-TIME BASIS PERIOD.—The period 

24 specified in paragraph (1)(B) may be non-consecutive 

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1 and include participation during qualified periods of 

2 nonenrollment (as defined in subsection (f)(3)). 

3 ‘‘(4) COOPERATIVE EDUCATION DEFINED.—In 

4 this subsection, the term ‘cooperative education’ 

5 means a program of alternating or parallel periods of 

6 academic study and work-based learning designed to 

7 give students work experiences related to their aca8 demic or career objectives. 

9 ‘‘(h) NOTIFICATION REGARDING SNAP.— 

10 ‘‘(1) IN GENERAL.—An institution receiving a 

11 grant under this part shall send a notification (by 

12 email or other electronic means) to each eligible stu13 dent informing the student of their potential eligi14 bility for participation in the SNAP and the process 

15 for obtaining more information, confirming eligi16 bility, and accessing benefits under that program. The 

17 notification shall be developed by the Secretary of 

18 Education in consultation with the Secretary of Agri19 culture, and shall include details on eligibility re20 quirements for participation in the SNAP that a stu21 dent must satisfy. The notification shall be, to the ex22 tent practicable, specific to the student’s State of resi23 dence and shall provide contact information for the 

24 local office where an application for the SNAP may 

25 be made. 

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1 ‘‘(2) EVIDENCE OF PARTICIPATION IN FEDER2 ALLY FINANCED WORK-STUDY PROGRAM.—The notifi3 cation under paragraph (1) shall include an official 

4 document confirming that the recipient is an eligible 

5 student sufficient for purposes of demonstrating that 

6 the exclusion from ineligibility for participation in 

7 the SNAP under section 6(e)(4) of the Food and Nu8 trition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to 

9 the student. 

10 ‘‘(3) GUIDANCE.—The Secretary of Education, 

11 in consultation with the Secretary of Agriculture, 

12 shall provide guidance to States and institutions of 

13 higher education on how to identify and communicate 

14 with students who are likely to be eligible for the 

15 SNAP, including those eligible for a State or federally 

16 financed work-study program. 

17 ‘‘(4) DEFINITIONS.—For purposes of this sub18 section: 

19 ‘‘(A) The term ‘eligible student’ means a 

20 student receiving work-study assistance under 

21 this part. 

22 ‘‘(B) The term ‘SNAP’ means the supple23 mental nutrition assistance program (as defined 

24 in section 3(t) of the Food and Nutrition Act of 

25 2008 (7 U.S.C. 2012(t))).’’. 

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1 SEC. 4204. FLEXIBLE USE OF FUNDS. 

2 Section 445 of the Higher Education Act of 1965 (20 

3 U.S.C. 1087–55) is amended— 

4 (1) in subsection (a), by adding at the end the 

5 following: 

6 ‘‘(3) In addition to the carry-over sums author7 ized under paragraph (1) of this section, an institu8 tion may permit a student who completed the pre9 vious award period to continue to earn unearned por10 tions of the student’s work-study award from that 

11 previous period if— 

12 ‘‘(A) any reduction in the student’s need 

13 upon which the award was based is accounted 

14 for in the remaining portion; and 

15 ‘‘(B) the student is currently employed in a 

16 work-based learning position.’’; and 

17 (2) by striking ‘‘10 percent’’ both places it ap18 pears and inserting ‘‘20 percent’’. 

19 SEC. 4205. JOB LOCATION AND DEVELOPMENT PROGRAMS. 

20 Section 446 of the Higher Education Act of 1965 (20 

21 U.S.C. 1087–56) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1), by striking ‘‘10 per24 cent or $75,000’’ and inserting ‘‘20 percent or 

25 $150,000’’; and 

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1 (B) in paragraph (2), by striking ‘‘voca2 tional’’ and inserting ‘‘career’’; and 

3 (2) in subsection (b)— 

4 (A) by striking paragraphs (1) and (2); and 

5 (B) by inserting before paragraph (3) the 

6 following: 

7 ‘‘(1) provide satisfactory assurance that the in8 stitution will prioritize placing students with excep9 tional need (as defined in section 413C(c)(2)) and 

10 Federal work-study recipients in jobs located and de11 veloped under this section; and 

12 ‘‘(2) provide satisfactory assurances that the 

13 funds available under this section will be used to lo14 cate and develop work-based learning positions;’’; and 

15 (C) in paragraph (6), by striking the period 

16 and inserting ‘‘, including— 

17 ‘‘(A) the number of students employed in 

18 work-based learning positions through such pro19 gram; 

20 ‘‘(B) the number of students demonstrating 

21 exceptional need (as defined in section 

22 413C(c)(2)) and Federal work-study recipients 

23 employed through such program; and 

24 ‘‘(C) the number of students demonstrating 

25 exceptional need (as defined in section 

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1 413C(c)(2)) and Federal work-study recipients 

2 employed in work-based learning positions 

3 through such program.’’. 

4 SEC. 4206. COMMUNITY SERVICE. 

5 Section 447 of the Higher Education Act of 1965 (20 

6 U.S.C. 1087–57) is amended to read as follows: 

7 ‘‘SEC. 447. ADDITIONAL FUNDS TO CONDUCT COMMUNITY 

8 SERVICE WORK STUDY PROGRAMS. 

9 ‘‘Each institution participating under this part may 

10 use up to 10 percent of the funds made available under sec11 tion 489(a) and attributable to the amount of the institu12 tion’s expenditures under this part to conduct that institu13 tion’s program of community service-learning, including— 

14 ‘‘(1) development of mechanisms to assure the 

15 academic quality of the student experience; 

16 ‘‘(2) assuring student access to educational re17 sources, expertise, and supervision necessary to 

18 achieve community service objectives; 

19 ‘‘(3) assuring, to the maximum extent prac20 ticable, that the community service-learning program 

21 will support the educational goals or career goals of 

22 students participating in such program; 

23 ‘‘(4) collaboration with public and private non24 profit agencies, and programs assisted under the Na25 tional and Community Service Act of 1990 in the 

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1 planning, development, and administration of such 

2 programs; and 

3 ‘‘(5) to recruit and compensate students for com4 munity service-learning (including compensation for 

5 time spent in training and for reasonable travel (not 

6 including the purchase of a vehicle) directly related to 

7 such community service).’’. 

8 SEC. 4207. AMENDMENTS TO WORK COLLEGES. 

9 Section 448 of the Higher Education Act of 1965 (20 

10 U.S.C. 1087–58) is amended— 

11 (1) in subsection (a), by inserting ‘‘student’’ 

12 after ‘‘comprehensive’’; 

13 (2) in subsection (b)(2)(D), by inserting ‘‘stu14 dent’’ after ‘‘comprehensive’’; 

15 (3) in subsection (c)— 

16 (A) by striking ‘‘Each eligible institution’’ 

17 and inserting the following: 

18 ‘‘(1) IN GENERAL.—Each eligible institution’’; 

19 and 

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

21 ‘‘(2) APPLICATION DATES.—The Secretary shall 

22 require an eligible institution that submits an appli23 cation for funding under this section for the first time 

24 to submit such application 5 months prior to the ap25 plication due date for returning applicants.’’; and 

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1 (4) in subsection (e)— 

2 (A) in paragraph (1)— 

3 (i) by striking subparagraph (B) and 

4 inserting the following: 

5 ‘‘(B) is accredited by an accrediting agency 

6 or association recognized by the Secretary pursu7 ant to part H, has operated a work-study pro8 gram under this part for at least the 2 years pre9 ceding the date of the determination, and has op10 erated a comprehensive student work-learning11 service program for at least the 2 years pre12 ceding the date of the determination;’’; 

13 (ii) in subparagraph (C), by inserting 

14 ‘‘student’’ after ‘‘comprehensive’’; and 

15 (iii) in subparagraph (D), by inserting 

16 ‘‘student’’ after ‘‘comprehensive’’; and 

17 (B) in paragraph (2)— 

18 (i) by redesignating subparagraphs (A) 

19 through (F) as subparagraphs (B) through 

20 (G), respectively; and 

21 (ii) by inserting before subparagraph 

22 (B), as redesignated by clause (i), the fol23 lowing: 

24 ‘‘(A) is a 4-year, degree-granting pro25 gram;’’. 

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1 SEC. 4208. PILOT GRANT PROGRAM. 

2 Part C of title IV of the Higher Education Act of 1965 

3 (20 U.S.C. 1087–51 et seq.), as amended by this part, is 

4 further amended by adding at the end the following: 

5 ‘‘SEC. 449. WORK-BASED LEARNING OPPORTUNITIES PILOT 

6 GRANT PROGRAM. 

7 ‘‘(a) ESTABLISHMENT.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall establish 

9 a program to provide grants to eligible institutions 

10 participating under this part to establish or expand 

11 a program to develop work-based learning positions. 

12 ‘‘(2) LIMITATIONS.— 

13 ‘‘(A) DURATION.—A grant awarded under 

14 this section shall be for a period of not more 

15 than 4 years, but may be renewed by the Sec16 retary for a period of 2 years. 

17 ‘‘(B) AMOUNT.—A grant under this section 

18 may not be in an amount greater than 

19 $1,000,000. 

20 ‘‘(b) APPLICATION.—To be selected to receive a grant 

21 under this section an eligible institution participating 

22 under this part shall submit an application to the Secretary 

23 at such time, in such manner, and containing such infor24 mation as the Secretary may require, including a plan that 

25 describes how the eligible institution will establish or exVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00512 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 pand a program to develop work-based learning positions 

2 that will— 

3 ‘‘(1) benefit students who demonstrate excep4 tional need (as defined in section 413C(c)(2)); 

5 ‘‘(2) identify in-demand industry sectors and oc6 cupations (as defined in section 3 of the Workforce In7 novation and Opportunity Act (29 U.S.C. 3102) and 

8 as determined by the Bureau of Labor and Statistics, 

9 State departments of labor, and local boards (as de10 fined in such section 3)) and develop partnerships 

11 with high-demand employers (including nonprofit or12 ganizations, joint labor-management organizations, 

13 for-profit firms, or public agencies); 

14 ‘‘(3) involve participating employers in evalu15 ating and improving such program; 

16 ‘‘(4) track and report academic and employment 

17 outcomes for participating students; and 

18 ‘‘(5) be able to continue after the end of the grant 

19 term. 

20 ‘‘(c) USE OF FUNDS.—Grant funds awarded under 

21 this program shall be used to pay wages for students par22 ticipating under this program and develop work-based 

23 learning positions that— 

24 ‘‘(1) are for a period of at least 12 weeks; 

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1 ‘‘(2) serve students who demonstrate exceptional 

2 need (as defined in section 413C(c)(2)); 

3 ‘‘(3) limit administrative work to no more than 

4 25 percent of such position; 

5 ‘‘(4) provide a minimum of 15 hours of work per 

6 week during periods of enrollment and 30 hours per 

7 week during periods of nonenrollment, except such re8 quirement may be waived by the institution in con9 sultation with a student; 

10 ‘‘(5) include career coaching from participating 

11 employers (including mock interviews, resume writing 

12 assistance, career exploration, and counseling on ap13 plying for and attaining employment); and 

14 ‘‘(6) provide participating students with oppor15 tunities to meet with employers in fields or industries 

16 related to those of participating employers. 

17 ‘‘(d) REPORT.—On a date that is before the date on 

18 which the period of the grant received by an eligible institu19 tion under this section terminates, such institution shall 

20 submit a report to the Secretary including— 

21 ‘‘(1) the graduation rate or completion rate (as 

22 described under section 442(a)(1)(C)) with respect to 

23 students participating in work-based learning posi24 tions under the pilot program; and 

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1 ‘‘(2) the results of the work-based learning oppor2 tunities program for which such institution received 

3 such grant, including— 

4 ‘‘(A) participating students’ satisfaction 

5 with the program as reported in surveys under 

6 section 450, as added by section 4209 of the Col7 lege Affordability Act; 

8 ‘‘(B) the types of jobs in which partici9 pating students were employed and the types of 

10 duties performed in such jobs; 

11 ‘‘(C) the academic programs of the partici12 pating students; 

13 ‘‘(D) the share of participating students 

14 who worked at another job, in addition to the 

15 one under the pilot program; 

16 ‘‘(E) the percentage of participating stu17 dents who, during the second quarter after com18 pleting their academic program, are in edu19 cation or training activities or unsubsidized em20 ployment; 

21 ‘‘(F) the percentage of participating stu22 dents employed in in-demand industry sectors or 

23 occupations as described in subsection (b)(2) 

24 within 2 quarters of completing their academic 

25 programs; and 

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1 ‘‘(G) other items as deemed relevant by the 

2 Secretary. 

3 ‘‘(e) RESERVATION OF FUNDING FOR SUCH PRO4 GRAM.—From the amount appropriated under section 

5 441(b) for a fiscal year and remaining after the Secretary 

6 reserves funds under section 442(a)(1), the Secretary shall 

7 reserve $30,000,000 to carry out grants under this section.’’. 

8 SEC. 4209. DEPARTMENT ACTIVITIES. 

9 Part C of title IV of the Higher Education Act of 1965 

10 (20 U.S.C. 1087–51 et seq.), as amended by this part, is 

11 further amended by adding at the end the following: 

12 ‘‘SEC. 450. DEPARTMENT ACTIVITIES. 

13 ‘‘(a) SURVEYS.—Not later than 1 year after the date 

14 of the enactment of this section, the Secretary shall develop, 

15 in consultation with work-study administrators from insti16 tutions of higher education, participating employers, and 

17 participating students— 

18 ‘‘(1) a consumer-tested electronic survey for stu19 dents awarded work-study employment under the 

20 Federal work-study program under this part that— 

21 ‘‘(A) measures each such student’s satisfac22 tion with the Federal work-study program, in23 cluding— 

24 ‘‘(i) any complaints the student has 

25 with respect to the program; 

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1 ‘‘(ii) the amount and quality of the on2 the-job training the student received; 

3 ‘‘(iii) the amount and quality of on4 the-job supervision and employer feedback 

5 the student received; 

6 ‘‘(iv) the amount and quality of infor7 mation provided by the institution about 

8 the work-study program and job opportuni9 ties and the availability of work-study staff 

10 at the institution; 

11 ‘‘(v) the quality of the assistance pro12 vided by the institution to the student in 

13 finding a work-study job and the avail14 ability of types of jobs; and 

15 ‘‘(vi) the student’s overall satisfaction 

16 with the work-study program; 

17 ‘‘(B) measures the applicability of work18 study employment to the educational goals and 

19 career goals of each such student; 

20 ‘‘(C) elicits an assessment by each such stu21 dent of the capacity to manage time between 

22 work-study employment and coursework; 

23 ‘‘(D) measures, with respect to the pro24 gram— 

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1 ‘‘(i) the award amounts under the pro2 gram; 

3 ‘‘(ii) the average number of hours stu4 dents worked per week, and the wages re5 ceived for such work; 

6 ‘‘(iii) the number of on campus jobs 

7 and off campus jobs; 

8 ‘‘(iv) how students located work-study 

9 positions; 

10 ‘‘(v) the work performed at each job; 

11 ‘‘(vi) whether students worked addi12 tional jobs while employed in a work-study 

13 job (and the reason for such additional job); 

14 ‘‘(vii) whether the work-study employ15 ment had an impact on the student’s aca16 demic performance; and 

17 ‘‘(viii) the voluntarily disclosed demo18 graphics of students awarded work-study 

19 employment; and 

20 ‘‘(E) includes such information as the Sec21 retary may require; and 

22 ‘‘(2) a consumer-tested electronic survey for em23 ployers of students described in paragraph (1) that— 

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1 ‘‘(A) measures each such employer’s satis2 faction with the Federal work-study program, in3 cluding— 

4 ‘‘(i) the extent to which the employer is 

5 satisfied with its ability to accommodate 

6 students’ schedules; 

7 ‘‘(ii) the extent to which student-em8 ployees are prepared for the duties adver9 tised for the job; and 

10 ‘‘(iii) the extent to which the employer 

11 is satisfied with opportunities to make rec12 ommendations for improving institutions’ 

13 academic programs; 

14 ‘‘(B) elicits an assessment by each such em15 ployer of— 

16 ‘‘(i) any complaints the employer had 

17 with respect to the program; 

18 ‘‘(ii) any skills or knowledge necessary 

19 for the job that student-employees are lack20 ing; and 

21 ‘‘(iii) the extent of outreach from insti22 tutions to the employer; and 

23 ‘‘(C) includes such information as the Sec24 retary may require; and 

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1 ‘‘(3) a consumer-tested electronic survey that, not 

2 less than once every 4 years, with respect to each in3 stitution of higher education participating in the 

4 Federal work-study program, measures— 

5 ‘‘(A) methods used to recruit on-campus 

6 and off-campus employers; 

7 ‘‘(B) if an institution operates a job loca8 tion development program— 

9 ‘‘(i) the share of jobs filled on-campus 

10 and off-campus; 

11 ‘‘(ii) the share of jobs filled by— 

12 ‘‘(I) work-study recipients; and 

13 ‘‘(II) students who demonstrate 

14 exceptional need (as defined in section 

15 413C(c)(2)); 

16 ‘‘(iii) the primary factors considered 

17 in matching work-study students and jobs; 

18 ‘‘(iv) the share of students employed in 

19 work-based learning opportunities; and 

20 ‘‘(v) the share of students employed 

21 during qualified periods of nonenrollment, 

22 including the share of students with excep23 tional need (as defined in section 

24 413C(c)(2)) employed during qualified peri25 ods of nonenrollment; 

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1 ‘‘(C) the institution’s Federal and non-Fed2 eral contributions toward work-study wages; 

3 ‘‘(D) the primary factors considered in 

4 awarding students work-study and in deter5 mining the amount of the award; 

6 ‘‘(E) the acceptance rate among students 

7 who were offered work-study aid; and 

8 ‘‘(F) other information the Secretary may 

9 require. 

10 ‘‘(b) RESULTS.—The Secretary shall develop an online 

11 portal— 

12 ‘‘(1) for students, employers, and institutions of 

13 higher education to access the surveys required under 

14 subsection (a); and 

15 ‘‘(2) to compile the results of such surveys. 

16 ‘‘(c) REPORT.—Not less than once every 4 years after 

17 the date of the enactment of this subsection, the Secretary 

18 shall submit a report to Congress that includes— 

19 ‘‘(1) the data collected under this section (re20 dacted for personal information); 

21 ‘‘(2) with respect to students employed in work22 study through the Federal work-study program— 

23 ‘‘(A) the types of jobs such students partici24 pated in; 

25 ‘‘(B) the average hours worked per week; 

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1 ‘‘(C) the average award amount; 

2 ‘‘(D) the average wage rates; 

3 ‘‘(E) the extent to which students enter em4 ployment with skills and knowledge gained from 

5 work-study participation that have prepared 

6 them for the job; and 

7 ‘‘(F) the students’ satisfaction with the pro8 gram and primary complaints; 

9 ‘‘(3) the extent to which institutions conduct out10 reach to employers and engage them in discussions on 

11 improving academic programs; 

12 ‘‘(4) the extent to which institutions conduct out13 reach to students and make jobs readily available; 

14 ‘‘(5) the extent to which the work-study employ15 ment aligns with students’ academic programs or ca16 reer goals; 

17 ‘‘(6) the employers’ satisfaction with the pro18 gram and primary complaints; and 

19 ‘‘(7) recommendations for improving the pro20 gram. 

21 ‘‘(d) CONSULTATION.— 

22 ‘‘(1) IN GENERAL.—In consulting with the enti23 ties described in subsection (a) to create the electronic 

24 surveys required under such subsection, the Secretary 

25 shall engage with— 

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1 ‘‘(A) a representative sample of institutions 

2 of higher education participating in the Federal 

3 work-study program; 

4 ‘‘(B) a representative sample of employers 

5 participating in the Federal work-study pro6 gram; and 

7 ‘‘(C) a representative sample of students 

8 participating in the Federal work-study pro9 gram. 

10 ‘‘(2) RESPONSE RATE.—The Secretary shall— 

11 ‘‘(A) consult with a survey consultant to de12 velop a target response rate with respect to the 

13 electronic surveys required under subsection (a); 

14 and 

15 ‘‘(B) provide guidance to institution with 

16 respect to such developed target response rate. 

17 ‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall— 

18 ‘‘(1) provide technical assistance to institutions 

19 participating under the Federal work-study program 

20 under this part to— 

21 ‘‘(A) comply with the amendments made by 

22 part C of title IV of the College Affordability Act 

23 and the regulations issued pursuant to such part; 

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1 ‘‘(B) administer the surveys described in 

2 subsection (a) to students and employers partici3 pating in the Federal work-study program; and 

4 ‘‘(C) ensure that Federal work-study posi5 tions align with students’ educational goals or 

6 career goals to the maximum extent practicable; 

7 and 

8 ‘‘(2) issue guidance and provide technical assist9 ance to institutions to support improved partnerships 

10 and coordination among financial aid, career serv11 ices, and academic advisors to administer the Federal 

12 work-study program. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated $2,000,000 to carry out sub15 section (a).’’. 

16 SEC. 4210. STUDY AND REPORT. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall, not later than a reasonable amount of time 

19 after the date of the enactment of this Act, conduct a study 

20 on best practices for assisting students participating in the 

21 Federal work-study program under part C of title IV of the 

22 Higher Education Act (42 U.S.C. 1087–51 et seq.) with— 

23 (1) connecting to off-campus employers; 

24 (2) procuring work-based learning opportunities 

25 through such program; 

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1 (3) procuring employment that aligns with stu2 dents’ educational goals or career goals; 

3 (4) locating employment through job location 

4 and development programs; 

5 (5) procuring employment in in-demand indus6 try sectors or occupations (as defined in section 3 of 

7 the Workforce Innovation and Opportunity Act (29 

8 U.S.C. 3102));; 

9 (6) balancing employment with academic pro10 grams to improve graduation and completion rates; 

11 and 

12 (7) with respect to students with exceptional 

13 need (as defined in section 413C(c)(2) of the Higher 

14 Education Act of 1965 (20 U.S.C. 1070b–2(c)(2)))— 

15 (A) locating and coordinating work-study 

16 employment during qualified periods of non17 enrollment; 

18 (B) increasing participation of such stu19 dents in such work-study program; and 

20 (C) limiting the need for additional employ21 ment outside the work-study program. 

22 (b) REPORT.—Not later than one year after the date 

23 on which the study required under subsection (a) is com24 pleted, the Comptroller General of the United States shall 

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1 submit to Congress a report summarizing the findings of 

2 such study. 

3 (c) PUBLISH REPORT.—The Comptroller General of 

4 the United States shall make the report required under sub5 section (b) available to the public on the website of the Gov6 ernment Accountability Office. 

7 PART D—FEDERAL DIRECT LOAN PROGRAM 

8 SEC. 4301. PROGRAM AUTHORITY. 

9 Section 451(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1087a(a)) is amended— 

11 (1) by striking ‘‘and (2)’’ and inserting ‘‘(2)’’; 

12 and 

13 (2) by inserting ‘‘; and (3) to make loans under 

14 section 460A and section 460B’’ after ‘‘section 459A’’. 

15 SEC. 4302. AMENDMENTS TO TERMS AND CONDITIONS OF 

16 LOANS AND REPAYMENT PLANS. 

17 (a) SUBSIDIZED LOANS FOR GRADUATE AND PROFES18 SIONAL STUDENTS.—Section 455(a)(3) of the Higher Edu19 cation Act of 1965 (20 U.S.C. 1087e(a)(3)) is amended— 

20 (1) in subparagraph (A), in the matter preceding 

21 clause (i), by striking ‘‘subparagraph (B)’’ and in22 serting ‘‘subparagraphs (B) and (C)’’; and 

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

24 ‘‘(C) For any period of instruction at an 

25 institution of higher education (as defined in secVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00526 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tion 101) beginning on or after July 1, 2021, a 

2 graduate or professional student shall be eligible 

3 to receive a Federal Direct Stafford loan under 

4 this part.’’. 

5 (b) INTEREST RATE ON SUBSIDIZED LOANS FOR

6 GRADUATE AND PROFESSIONAL STUDENTS.—Section 

7 455(b)(8)(B) of the Higher Education Act of 1965 (20 

8 U.S.C. 1087e(b)(8)(B)) is amended by inserting ‘‘and Fed9 eral Direct Stafford Loans’’ after ‘‘Federal Direct Unsub10 sidized Stafford Loans’’. 

11 (c) REPEAL OF ORIGINATION FEES.—Subsection (c) of 

12 section 455 of the Higher Education Act of 1965 (20 U.S.C. 

13 1087e(c)) is repealed. 

14 (d) RULEMAKING REGARDING TERMINATION OF CER15 TAIN REPAYMENT PLANS.—Beginning on the date of enact16 ment of this Act, the Secretary of Education shall carry 

17 out a plan to end all eligibility for repayment plans other 

18 than a fixed repayment plan described in section 493E of 

19 the Higher Education Act of 1965, as added by section 

20 4632, and an income-based repayment plan described under 

21 section 493C(f) of the Higher Education Act of 1965, as 

22 added by section 4631(c), for loans made under part B or 

23 D of title IV of the Higher Education Act of 1965, unless 

24 the borrower is enrolled in another repayment plan before 

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1 such effective date, in accordance with the amendments 

2 made by this Act. 

3 (e) NOTIFICATION TO BORROWERS.— 

4 (1) IN GENERAL.—Beginning on the date of en5 actment of this Act, the Secretary of Education, in co6 ordination with the Director of the Bureau of Con7 sumer Financial Protection, shall undertake a cam8 paign to alert all borrowers of loans made, insured, 

9 or guaranteed under part B or D of title IV of the 

10 Higher Education Act of 1965 that they are eligible 

11 to change repayment plans and to enroll in one of the 

12 following repayment plans: 

13 (A) A fixed repayment plan described in 

14 section 493E of the Higher Education Act of 

15 1965, as added by section 4632. 

16 (B) The income-based repayment plan 

17 under section 493C(f) of the Higher Education 

18 Act of 1965, as added by section 4631(c). 

19 (2) CAMPAIGN ACTIVITIES.—The campaign shall 

20 include the following activities: 

21 (A) Developing consumer information mate22 rials about the opportunity to change repayment 

23 plans and to enroll in one of the following repay24 ment plans: 

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1 (i) A fixed repayment plan described 

2 in such section 493E. 

3 (ii) The income-based repayment plan 

4 under such section 493C(f). 

5 (B) Requiring servicers of loans made, in6 sured, or guaranteed under parts B and D of 

7 title IV of the Higher Education Act of 1965 to 

8 provide such consumer information to borrowers 

9 in a manner determined appropriate by the Sec10 retary. 

11 (f) REPAYMENT PLANS.—Section 455(d) of the Higher 

12 Education Act of 1965 (20 U.S.C. 1087e(d)) is amended— 

13 (1) by redesignating paragraphs (2) through (5) 

14 as paragraphs (3) through (6), respectively; 

15 (2) by inserting after paragraph (1), the fol16 lowing: 

17 ‘‘(2) DESIGN AND SELECTION ON AND AFTER

18 JULY 1, 2021.— 

19 ‘‘(A) IN GENERAL.—Notwithstanding para20 graph (1), for the borrower of a loan made on or 

21 after July 1, 2021, and for other borrowers sub22 ject to paragraph (7), the Secretary shall offer a 

23 borrower of a loan made under this part 2 plans 

24 for repayment of such loan, including principal 

25 and interest on the loan. The borrower shall be 

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1 entitled to accelerate, without penalty, repay2 ment on the borrower’s loans under this part. 

3 The borrower may choose— 

4 ‘‘(i) a fixed repayment plan described 

5 in section 493E; or 

6 ‘‘(ii) the income-based repayment plan 

7 under section 493C(f). 

8 ‘‘(B) SELECTION BY THE SECRETARY.—If a 

9 borrower of a loan made under this part on or 

10 after July 1, 2021, does not select a repayment 

11 plan described in subparagraph (A), the Sec12 retary may provide the borrower with a fixed re13 payment plan described in section 493E. 

14 ‘‘(C) CHANGES IN SELECTIONS.—Beginning 

15 on July 1, 2021, a borrower of a loan made 

16 under this part may change the borrower’s selec17 tion of a repayment plan in accordance with 

18 paragraph (7) and under such terms and condi19 tions as may be established by the Secretary.’’; 

20 (3) in paragraph (6)(B), as redesignated, by 

21 striking ‘‘an income contingent repayment plan.’’ and 

22 inserting ‘‘the income-based repayment plan under 

23 section 493C(f).’’; and 

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

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1 ‘‘(7) BORROWERS OF LOANS MADE BEFORE JULY

2 1, 2021.—A borrower who is in repayment on a loan 

3 made under part B or part D before July 1, 2021— 

4 ‘‘(A) may choose to retain the repayment 

5 plan that the borrower was enrolled in on the 

6 day before such date; 

7 ‘‘(B) may elect to— 

8 ‘‘(i) enter the income-based repayment 

9 plan under section 493C(f); or 

10 ‘‘(ii) enter a fixed repayment plan de11 scribed in section 493E; and 

12 ‘‘(C) after electing to leave a repayment 

13 plan other than an income-based repayment 

14 plan described under section 493C(f) or a fixed 

15 repayment plan described in section 493E, shall 

16 not be permitted to re-elect a repayment plan 

17 that is not an income-based repayment plan 

18 under section 493C(f) or a fixed repayment plan 

19 described in section 493E. 

20 ‘‘(8) NOTIFICATION AND AUTOMATIC ENROLL21 MENT PROCEDURES FOR BORROWERS WHO ARE DE22 LINQUENT ON LOANS.— 

23 ‘‘(A) AUTHORITY TO OBTAIN INCOME INFOR24 MATION.—In the case of any borrower who is at 

25 least 60 days delinquent on a covered loan, the 

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1 Secretary may obtain such information as is 

2 reasonably necessary regarding the income and 

3 family size of the borrower (and the borrower’s 

4 spouse, if applicable). 

5 ‘‘(B) BORROWER NOTIFICATION.—With re6 spect to each borrower of a covered loan who is 

7 at least 60 days delinquent on such loan and 

8 who has not been subject to the procedures under 

9 this paragraph for such loan in the preceding 

10 120 days, the Secretary shall, as soon as prac11 ticable after such 60-day delinquency, provide to 

12 the borrower the following: 

13 ‘‘(i) Notification that the borrower is 

14 at least 60 days delinquent on at least 1 

15 covered loan, and a description of all delin16 quent covered loans, nondelinquent covered 

17 loans, and noncovered loans of the borrower. 

18 ‘‘(ii) A brief description of the repay19 ment plans for which the borrower is eligi20 ble and the covered loans and noncovered 

21 loans of the borrower that may be eligible 

22 for such plans, based on information avail23 able to the Secretary. 

24 ‘‘(iii) The amount of monthly pay25 ments for the covered and noncovered loans 

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1 under the income-based repayment plan 

2 under section 493C(f) and the fixed repay3 ment plan described in section 493E, based 

4 on information available to the Secretary, 

5 including, if the income information of the 

6 borrower is available to the Secretary under 

7 subparagraph (A)— 

8 ‘‘(I) the amount of the monthly 

9 payment under the income-based re10 payment plan under section 493C(f) 

11 and the fixed repayment plan described 

12 in section 493E for which the borrower 

13 is eligible for the borrower’s covered 

14 and noncovered loans, based on such 

15 income information; and 

16 ‘‘(II) the income, family size, tax 

17 filing status, and tax year information 

18 on which each monthly payment is 

19 based. 

20 ‘‘(iv) Clear and simple instructions on 

21 how to select the repayment plans. 

22 ‘‘(v) An explanation that, in the case 

23 of a borrower for whom adjusted gross in24 come is unavailable— 

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1 ‘‘(I) if the borrower selects to 

2 repay the covered loans of such bor3 rower pursuant to the income-based re4 payment plan under section 493C(f) 

5 that defines discretionary income in 

6 such a manner that an individual not 

7 required under section 6012(a)(1) of 

8 the Internal Revenue Code of 1986 to 

9 file a return with respect to income 

10 taxes imposed by subtitle A of such 

11 Code may have a calculated monthly 

12 payment greater than $0, the borrower 

13 will be required to provide the Sec14 retary with other documentation of in15 come satisfactory to the Secretary, 

16 which documentation the Secretary 

17 may use to determine an appropriate 

18 repayment schedule; and 

19 ‘‘(II) if the borrower selects to 

20 repay such loans pursuant to an in21 come-driven repayment plan that is 

22 not 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 borrower 

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1 will have a calculated monthly pay2 ment of $0. 

3 ‘‘(vi) An explanation that the Sec4 retary shall take the actions under subpara5 graph (C) with respect to such borrower, 

6 if— 

7 ‘‘(I) the borrower is 120 days de8 linquent on 1 or more covered loans 

9 and has not selected a new repayment 

10 plan for the covered loans of the bor11 rower; and 

12 ‘‘(II) in the case of such a bor13 rower whose repayment plan for the 

14 covered loans of the borrower is not an 

15 income-driven repayment plan de16 scribed in subparagraph (D) or (E) of 

17 paragraph (1), the monthly payments 

18 under such repayment plan are higher 

19 than such monthly payments would be 

20 under the income-based repayment 

21 plan under section 493C(f). 

22 ‘‘(vii) Instructions on updating the in23 formation of the borrower obtained under 

24 subparagraph (A). 

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1 ‘‘(C) SECRETARY’S INITIAL SELECTION OF A

2 PLAN.—With respect to each borrower described 

3 in subparagraph (B) who has a repayment plan 

4 for the covered loans of the borrower that meets 

5 the requirements of clause (vi)(II) of subpara6 graph (B) and has not selected a new repayment 

7 plan for such loans in accordance with the notice 

8 received under such subparagraph, and who is at 

9 least 120 days delinquent on such a loan, the 

10 Secretary shall, as soon as practicable— 

11 ‘‘(i) provide the borrower with the in12 come-based repayment plan under section 

13 493C(f); and 

14 ‘‘(ii) authorize the borrower to change 

15 the Secretary’s selection of a plan under 

16 this clause to the fixed repayment plan de17 scribed in section 493E. 

18 ‘‘(D) OPT-OUT.—A borrower of a covered 

19 loan shall have the right to opt out of the proce20 dures under this paragraph. 

21 ‘‘(E) PROCEDURES.—The Secretary shall 

22 establish procedures as are necessary to effec23 tively implement this paragraph. 

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1 ‘‘(9) NOTIFICATION AND AUTOMATIC ENROLL2 MENT PROCEDURES FOR BORROWERS WHO ARE REHA3 BILITATING DEFAULTED LOANS.— 

4 ‘‘(A) AUTHORITY TO OBTAIN INCOME INFOR5 MATION.—In the case of any borrower who is re6 habilitating a covered loan pursuant to section 

7 428F(a), the Secretary may obtain such infor8 mation as is reasonably necessary regarding the 

9 income and family size of the borrower (and the 

10 borrower’s spouse, if applicable). 

11 ‘‘(B) BORROWER NOTIFICATION.—Not later 

12 than 30 days after a borrower makes the 6th 

13 payment required for the loan rehabilitation de14 scribed in subparagraph (A), the Secretary shall 

15 notify the borrower of the process under subpara16 graph (C) with respect to such loan. 

17 ‘‘(C) SECRETARY’S SELECTION OF PLAN.— 

18 With respect to each borrower who has made the 

19 9th payment required for the loan rehabilitation 

20 described in subparagraph (A), the Secretary 

21 shall, as soon as practicable after such payment, 

22 provide the borrower with the income-based re23 payment plan under section 493C(f), without re24 gard to whether the loan has been so rehabili25 tated. 

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1 ‘‘(D) OPT-OUT.—A borrower of a covered 

2 loan shall have the right to opt out of the proce3 dures under this paragraph. 

4 ‘‘(E) PROCEDURES.—The Secretary shall 

5 establish procedures as are necessary to effec6 tively implement this paragraph. 

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

8 ‘‘(A) COVERED LOAN.—The term ‘covered 

9 loan’ means— 

10 ‘‘(i) a loan made under this part; 

11 ‘‘(ii) a loan purchased under section 

12 459A; or 

13 ‘‘(iii) a loan that has been assigned to 

14 the Secretary under section 428(c)(8) or 

15 part E. 

16 ‘‘(B) NONCOVERED LOAN.—The term ‘non17 covered loan’ means a loan made, insured, or 

18 guaranteed under this title that is not a covered 

19 loan. 

20 ‘‘(11) APPLICATION OF PREPAYMENT

21 AMOUNTS.— 

22 ‘‘(A) REQUIREMENT.—Notwithstanding any 

23 other provision of this subsection or any other 

24 provision of law— 

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1 ‘‘(i) with respect to loans made to an 

2 eligible borrower under this part or part B, 

3 which are held by the same holder and 

4 which have different applicable rates of in5 terest, the holder of such loans shall, unless 

6 otherwise requested by the borrower in writ7 ing, apply the borrower’s prepayment 

8 amount (within the meaning of section 

9 682.209(b) of title 34, Code of Federal Reg10 ulations, or a successor regulation) for one 

11 or more of such loans, first toward the out12 standing balance of principal due on the 

13 loan with the highest applicable rate of in14 terest among such loans; and 

15 ‘‘(ii) except as provided in clause (i), 

16 with respect to loans made to an eligible 

17 borrower under this part or part B, which 

18 are held by the same holder and which have 

19 the same applicable rates of interest, the 

20 holder of such loans shall, unless otherwise 

21 requested by the borrower in writing, apply 

22 the borrower’s prepayment amount (within 

23 the meaning of section 682.209(b) of title 

24 34, Code of Federal Regulations, or a suc25 cessor regulation) for one or more of such 

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1 loans, first toward the outstanding balance 

2 of principal due on the loan with the high3 est principal balance among such loans. 

4 ‘‘(B) ELIGIBLE BORROWER.— 

5 ‘‘(i) IN GENERAL.—For purposes of 

6 this paragraph, the term ‘eligible borrower’ 

7 means a borrower with no outstanding bal8 ance of fees, including collection costs and 

9 authorized late charges, due on any loan 

10 made under this part or part B. 

11 ‘‘(ii) PREPAYMENT AMOUNTS.—A pre12 payment amount (as described in subpara13 graph (A)) made by a borrower who is not 

14 an eligible borrower to a holder shall be ap15 plied first toward the borrower’s out16 standing balance of fees, including collection 

17 costs and authorized late charges, due on 

18 any loan made under this part or part B 

19 held by such holder.’’. 

20 (g) APPLICATION.—The amendments made by sub21 section (c)(4) shall— 

22 (1) take effect as soon as the Secretary of Edu23 cation determines practicable after the Secretary fi24 nalizes the procedures under section 9004, but not 

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1 later than 2 years after the date of enactment of this 

2 Act; and 

3 (2) apply to all borrowers of covered loans (as 

4 defined in section 455(d)(10) of the Higher Education 

5 Act of 1965, as added by subsection (c)(4)). 

6 (h) MAXIMUM REPAYMENT PERIOD FOR INCOME-CON7 TINGENT REPAYMENT.—Section 455(e) of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1087e(e)) is further amend9 ed— 

10 (1) in paragraph (7)(B)— 

11 (A) by striking ‘‘or’’ at the end of clause 

12 (iv); 

13 (B) by striking the period at the end of 

14 clause (v) and inserting a semicolon; and 

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

16 ‘‘(vi) makes payments under the in17 come-based repayment plan under section 

18 493C(f); or 

19 ‘‘(vii) makes payments under the fixed 

20 repayment plan described in section 

21 493E.’’; and 

22 ‘‘(8) ADDITIONAL QUALIFYING REPAYMENT

23 PLANS.—A borrower repaying a loan pursuant to in24 come-contingent repayment under this subsection may 

25 elect at any time to terminate repayment under such 

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1 repayment plan and repay such loan under the in2 come-based repayment plan under section 493C(f) or 

3 the fixed repayment plan described in section 493E.’’. 

4 (i) AUTOMATIC RECERTIFICATION OF INCOME FOR IN5 COME-DRIVEN REPAYMENT PLANS.—Section 455(e) of the 

6 Higher Education Act of 1965 (20 U.S.C. 1087e(e)) is 

7 amended— 

8 (1) in paragraph (3)— 

9 (A) by striking ‘‘does not reasonably reflect 

10 the borrower’s current income’’ and inserting 

11 ‘‘whose income has decreased relative to the ad12 justed gross income available to the Secretary’’; 

13 and 

14 (B) by inserting ‘‘, consistent with the pro15 cedures established under paragraph (9)(B)(iv)’’ 

16 before the period at the end; and 

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

18 ‘‘(9) AUTOMATIC RECERTIFICATION.— 

19 ‘‘(A) DEFINITION.—In this paragraph, the 

20 term ‘covered loan’ has the meaning given the 

21 term in subsection (d)(10). 

22 ‘‘(B) IN GENERAL.—Beginning as soon as 

23 the Secretary determines practicable after the 

24 Secretary finalizes the procedures under section 

25 9004 of the College Affordability Act, but not 

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1 later than 2 years after the date of enactment of 

2 such Act, the Secretary shall establish and imple3 ment, with respect to any borrower described in 

4 subparagraph (C), procedures to— 

5 ‘‘(i) obtain (for each year of repayment 

6 and without further action by the borrower) 

7 such information as is reasonably necessary 

8 regarding the income of such borrower (and 

9 the borrower’s spouse, if applicable), for the 

10 purpose of determining the repayment obli11 gation of the borrower for such year, includ12 ing information with respect to the bor13 rower’s family size in accordance with the 

14 procedures under section 9004 of the College 

15 Affordability Act, subject to clause (ii); 

16 ‘‘(ii) allow the borrower, at any time, 

17 to opt out of clause (i) and prevent the Sec18 retary from obtaining information under 

19 such clause without further action by the 

20 borrower; 

21 ‘‘(iii) provide the borrower with an op22 portunity to update the information ob23 tained under clause (i) before the deter24 mination of the annual repayment obliga25 tion of the borrower; and 

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1 ‘‘(iv) in the case of a borrower for 

2 whom adjusted gross income is unavail3 able— 

4 ‘‘(I) if the borrower has selected to 

5 repay the covered loans of such bor6 rower pursuant to an income contin7 gent repayment plan that defines dis8 cretionary income in such a manner 

9 that an individual not required under 

10 section 6012(a)(1) of the Internal Rev11 enue Code of 1986 to file a return with 

12 respect to income taxes imposed by 

13 subtitle A of such Code may have a 

14 calculated monthly payment greater 

15 than $0, the borrower will be required 

16 to provide the Secretary with other 

17 documentation of income satisfactory 

18 to the Secretary, which documentation 

19 the Secretary may use to determine an 

20 appropriate repayment schedule; or 

21 ‘‘(II) if the borrower has selected 

22 to repay such loans pursuant to an in23 come contingent repayment that is not 

24 described in subclause (I), the borrower 

25 will not be required to provide the SecVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00544 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
545 

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1 retary with such other documentation 

2 of income, and the borrower will have 

3 a calculated monthly payment of $0. 

4 ‘‘(C) APPLICABILITY.—Subparagraph (B) 

5 shall apply to each borrower of a covered loan 

6 who, on or after the date on which the Secretary 

7 establishes procedures under such subparagraph, 

8 recertifies income and family size under such 

9 plan. 

10 ‘‘(D) OTHER REQUIREMENTS.—The proce11 dures established by the Secretary under this 

12 paragraph shall be consistent with the require13 ments of paragraphs (1) through (7), except as 

14 otherwise provided in this paragraph.’’. 

15 (j) DEFERMENT AND FORBEARANCE.—Section 455(f) 

16 of the Higher Education Act of 1965 (20 U.S.C. 1087e(f)) 

17 is amended— 

18 (1) in the subsection heading, by inserting at the 

19 end the following: ‘‘AND FORBEARANCE’’; and 

20 (2) by amending subparagraph (B) of paragraph 

21 (1) to read as follows: 

22 ‘‘(B) in the case of a Federal Direct PLUS 

23 Loan, a Federal Direct Unsubsidized Stafford 

24 Loan, or a Federal Direct Consolidation Loan 

25 not described in subparagraph (A)(ii), beginning 

546 

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1 on or after the date of enactment of the College 

2 Affordability Act— 

3 ‘‘(i) for a deferment during a period 

4 described in paragraph (2)(A)(i), shall ac5 crue and be capitalized or paid by the bor6 rower; and 

7 ‘‘(ii) for a deferment during a period 

8 described in subparagraphs (B) through (D) 

9 of paragraph (2), shall accrue but not be 

10 capitalized.’’; and 

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

12 ‘‘(6) FORBEARANCE.—At the expiration of a pe13 riod of forbearance that begins on or after the date of 

14 enactment of the College Affordability Act, interest 

15 may accrue but shall not be capitalized on any loans 

16 made under this part.’’. 

17 (k) SEPARATING JOINT CONSOLIDATION LOANS.—Sec18 tion 455(g) of the Higher Education Act of 1965 (20 U.S.C. 

19 1087e(g)) is amended— 

20 (1) by striking ‘‘A borrower’’ and inserting the 

21 following: 

22 ‘‘(1) IN GENERAL.—A borrower’’; and 

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

24 ‘‘(2) SEPARATING JOINT CONSOLIDATION

25 LOANS.— 

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1 ‘‘(A) IN GENERAL.—A married couple, or 2 

2 individuals who were previously a married cou3 ple, and who received a joint consolidation loan 

4 as such married couple under subparagraph (C) 

5 of section 428C(a)(3) (as such subparagraph was 

6 in effect on or before June 30, 2006), may apply 

7 to the Secretary for each individual borrower in 

8 the married couple (or previously married cou9 ple) to receive a separate Federal Direct Consoli10 dation Loan under this part— 

11 ‘‘(i) that shall— 

12 ‘‘(I) unless the Secretary receives 

13 notice of an agreement described in 

14 subclause (II)(aa), be equal to the sum 

15 of— 

16 ‘‘(aa) the unpaid principal 

17 and accrued unpaid interest of the 

18 percentage of the joint consolida19 tion loan that, as of the day before 

20 such joint consolidation loan was 

21 made, was attributable to the 

22 loans of the individual borrower 

23 for whom such separate consolida24 tion loan is being made; and 

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1 ‘‘(bb) any other loans de2 scribed in section 428C(a)(4) that 

3 such individual borrower selects 

4 for consolidation under this part; 

5 or 

6 ‘‘(II) be equal to the sum of— 

7 ‘‘(aa) the unpaid principal 

8 and accrued unpaid interest of the 

9 percentage of the joint consolida10 tion loan that, as of the date of 

11 application under this paragraph, 

12 the married couple (or previously 

13 married couple) agrees shall be 

14 considered attributable to the 

15 loans of the individual borrower 

16 for whom such separate consolida17 tion loan is being made; and 

18 ‘‘(bb) any other loans de19 scribed in section 428C(a)(4) that 

20 such individual borrower selects 

21 for consolidation under this part; 

22 ‘‘(ii) the proceeds of which shall be 

23 paid by the Secretary to the holder or hold24 ers— 

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1 ‘‘(I) of the joint consolidation loan 

2 for the purpose of discharging the li3 ability on the percentage of such joint 

4 consolidation loan described in sub5 clause (I)(aa) or (II)(aa) of clause (i); 

6 and 

7 ‘‘(II) of the loans selected for con8 solidation under subclause (I)(bb) or 

9 subclause (II)(bb) of clause (i) for the 

10 purpose of discharging the liability on 

11 such loans; 

12 ‘‘(iii) except as otherwise provided in 

13 this paragraph, that has the same terms 

14 and conditions, and rate of interest as the 

15 joint consolidation loan; 

16 ‘‘(iv) for which any payment made 

17 under section 455(m)(1)(A) on the joint 

18 consolidation loan during a period in which 

19 the individual borrower for whom such sep20 arate consolidation loan is being made was 

21 employed in a public service job described 

22 in section 455(m)(1)(B) shall be treated as 

23 if such payment were made on the portion 

24 of the separate consolidation loan described 

25 in clause (i)(I)(aa); and 

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1 ‘‘(v) for which any payment made 

2 under any repayment plan described in sec3 tion 455(d)(1) on the joint consolidation 

4 loan shall be treated as if such payment 

5 were made on such portion of such separate 

6 consolidation loan. 

7 ‘‘(B) APPLICATION FOR SEPARATE DIRECT

8 CONSOLIDATION LOAN.— 

9 ‘‘(i) JOINT APPLICATION.—Except as 

10 provided in clause (ii), to receive separate 

11 consolidation loans under subparagraph 

12 (A), both individual borrowers in a married 

13 couple (or previously married couple) shall 

14 jointly apply under subparagraph (A). 

15 ‘‘(ii) SEPARATE APPLICATION.—An in16 dividual borrower in a married couple (or 

17 previously married couple) may apply for a 

18 separate consolidation loan under subpara19 graph (A) separately and without regard to 

20 whether or when the other individual bor21 rower in the married couple (or previously 

22 married couple) applies under subpara23 graph (A), in a case in which— 

551 

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1 ‘‘(I) the individual borrower has 

2 experienced from the other individual 

3 borrower— 

4 ‘‘(aa) domestic violence (as 

5 defined in section 40002(a) of the 

6 Violence Against Women Act of 

7 1994 (34 U.S.C. 12291(a))); or 

8 ‘‘(bb) economic abuse (in9 cluding behaviors that control 

10 such borrower’s ability to acquire, 

11 use, and maintain access to 

12 money, credit, or the joint finan13 cial obligations of both borrowers); 

14 ‘‘(II) the individual borrower cer15 tifies, on a form approved by the Sec16 retary, that such borrower is unable to 

17 reasonably reach or access the loan in18 formation of the other individual bor19 rower; or 

20 ‘‘(III) the Secretary determines 

21 that authorizing each individual bor22 rower to apply separately under sub23 paragraph (A) would be in the best fis24 cal interests of the Federal Govern25 ment. 

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1 ‘‘(C) BORROWER ELIGIBILITY.—Notwith2 standing section 428C(a)(3)(A), the Secretary 

3 shall award a consolidation loan under this part 

4 to each borrower who— 

5 ‘‘(i) applies for such loan under sub6 paragraph (A); and 

7 ‘‘(ii) meets the requirements of sub8 paragraphs (A) and (B). 

9 ‘‘(3) CONSUMER REPORTING AGENCIES.—Upon 

10 obtaining a Federal Direct Consolidation Loan that 

11 discharges the liability on a defaulted loan made, in12 sured, or guaranteed under this title, the Secretary, 

13 guaranty agency, or other holder of the loan shall re14 quest any consumer reporting agency to which the 

15 Secretary, guaranty agency or holder, as applicable, 

16 reported the default of the loan, to remove any adverse 

17 item of information relating to a delinquent or de18 faulted loan made, insured, or guaranteed under this 

19 title from the borrower’s credit history.’’. 

20 (l) REPEAL OF SUBSIDIZED LOAN USAGE LIMITA21 TION.—Subsection (q) of section 455 of the Higher Edu22 cation Act of 1965 (20 U.S.C. 1087e) is repealed. 

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1 SEC. 4303. AMENDMENTS TO TERMS AND CONDITIONS OF 

2 PUBLIC SERVICE LOAN FORGIVENESS. 

3 Section 455(m) of the Higher Education Act of 1965 

4 (20 U.S.C. 1087e(m)) is amended— 

5 (1) in paragraph (1)— 

6 (A) in subparagraph (A)— 

7 (i) by striking ‘‘or’’ at the end of clause 

8 (iii); 

9 (ii) in clause (iv), by striking ‘‘and’’; 

10 and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(v) payments under the income-based 

14 repayment plan under section 493C(f); or 

15 ‘‘(vi) payments under the fixed repay16 ment plan described in section 493E; and’’; 

17 and 

18 (B) in subparagraph (B), by striking ‘‘(i) is 

19 employed’’ and all that follows through ‘‘has 

20 been’’ and inserting ‘‘has been’’; 

21 (2) in paragraph (2), by adding at the end the 

22 following: ‘‘In the case of a borrower who meets the 

23 requirements under paragraph (1) for such cancella24 tion, such cancellation shall occur without further ac25 tion by the borrower.’’; 

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1 (3) by redesignating paragraphs (3) and (4) as 

2 paragraphs (6) and (7), respectively; and 

3 (4) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) TREATMENT OF LOANS REFINANCED UNDER

6 SECTIONS 460A.—In the case of an eligible Federal Di7 rect Loan refinanced under section 460A, any month8 ly payment pursuant to any repayment plan listed in 

9 paragraph (1)(A) made on a loan, for which the li10 ability has been discharged by such refinanced loan 

11 and without regard to whether such loan is an eligible 

12 Federal Direct Loan, shall be treated as a monthly 

13 payment under paragraph (1)(A) on the portion of 

14 such refinanced loan that is attributable to such dis15 charged loan. 

16 ‘‘(4) ON-LINE PORTAL.— 

17 ‘‘(A) BORROWERS.—The Secretary shall en18 sure that borrowers have access to an on-line 

19 portal that provides each borrower who signs on 

20 to such portal with the following: 

21 ‘‘(i) Instructions on how to access the 

22 database under paragraph (5) so that the 

23 borrower can determine whether the bor24 rower is employed in a public service job. 

555 

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1 ‘‘(ii) An identification of the loans of 

2 the borrower that are eligible Federal Direct 

3 Loans. 

4 ‘‘(iii) With respect to each such eligible 

5 Federal Direct Loan, the number of month6 ly payments on such loan that qualify as a 

7 monthly payment under paragraph (1)(A), 

8 and the estimated number of monthly pay9 ments under paragraph (1)(A) remaining 

10 on such loan before the borrower may be eli11 gible for loan cancellation under this sub12 section. 

13 ‘‘(iv) With respect to each loan of the 

14 borrower that is not eligible for loan can15 cellation under this subsection, an expla16 nation of why the loan is not so eligible and 

17 instructions on how what, if anything, the 

18 borrower may do to make the loan so eligi19 ble. 

20 ‘‘(v) Instructions for the submission of 

21 any forms associated with such loan can22 cellation, and an ability for the borrower to 

23 use the portal to electronically sign and 

24 submit such forms. 

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1 ‘‘(vi) In the case of a borrower who 

2 disputes a determination of the Secretary 

3 relating to the entitlement of the borrower to 

4 loan cancellation under paragraph (2)— 

5 ‘‘(I) an ability for the borrower to 

6 file a claim with the Secretary to dis7 pute such determination through the 

8 portal; and 

9 ‘‘(II) in the case of such a claim 

10 that has been filed, the status of such 

11 claim, for which updates shall be pro12 vided not fewer than once every 90 

13 days. 

14 ‘‘(B) EMPLOYERS.—The Secretary shall en15 sure that an employer of a borrower has the abil16 ity to electronically sign and submit any forms 

17 associated with loan cancellation under this sub18 section. 

19 ‘‘(C) INFORMATION.—The Secretary shall 

20 ensure that any information provided through 

21 the on-line portal described in this paragraph is 

22 up-to-date information. 

23 ‘‘(5) DATABASE OF PUBLIC SERVICE JOBS.— 

24 ‘‘(A) IN GENERAL.—The Secretary, in con25 sultation with the Commissioner of the Internal 

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1 Revenue Service, shall establish and regularly 

2 update a database that lists public service jobs. 

3 ‘‘(B) PUBLIC AVAILABILITY.—The database 

4 established under subparagraph (A) shall be 

5 made available on a publicly accessible website of 

6 the Department in an easily searchable format.’’; 

7 (5) in paragraph (6), as so redesignated— 

8 (A) in subparagraph (A)— 

9 (i) by inserting before the period at the 

10 end the following: ‘‘(including any Federal 

11 Direct Stafford Loan, Federal Direct PLUS 

12 Loan, Federal Direct Unsubsidized Stafford 

13 Loan, or Federal Direct Consolidation Loan 

14 refinanced under section 460A)’’; 

15 (ii) by striking ‘‘The term’’ and insert16 ing the following: 

17 ‘‘(i) IN GENERAL.—The term’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(ii) TREATMENT OF CERTAIN CON21 SOLIDATION LOAN PAYMENTS.—In the case 

22 of an eligible Federal Direct Loan that is a 

23 Federal Direct Consolidation Loan made on 

24 or after the date of enactment of the College 

25 Affordability Act, any monthly payment 

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1 pursuant to any repayment plan listed in 

2 paragraph (1)(A) made on a loan, for 

3 which the liability has been discharged by 

4 the proceeds of such Federal Direct Consoli5 dation Loan and without regard to whether 

6 the loan is an eligible Federal Direct Loan, 

7 shall be treated as a monthly payment 

8 under paragraph (1)(A) on the portion of 

9 such Federal Direct Consolidation Loan 

10 that is attributable to such discharged loan, 

11 except that in the case of a subsequent con12 solidation loan, for purposes of this 

13 clause— 

14 ‘‘(I) any monthly payment made 

15 on the first consolidation loan or any 

16 other loan for which the liability has 

17 been discharged by such subsequent 

18 consolidation loan shall be applicable; 

19 and 

20 ‘‘(II) any monthly payment made 

21 on a loan for which the liability has 

22 been discharged by such first consolida23 tion loan shall not be applicable.’’; 

24 (B) in subparagraph (B)— 

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1 (i) in clause (i), by striking ‘‘or’’ at 

2 the end; 

3 (ii) in clause (ii)— 

4 (I) by striking ‘‘teaching as’’ and 

5 inserting the following: ‘‘teaching— 

6 ‘‘(I) as’’; 

7 (II) by striking ‘‘, foreign lan8 guage faculty, and part-time faculty at 

9 community colleges), as determined by 

10 the Secretary.’’ and inserting ‘‘and for11 eign language faculty), as determined 

12 by the Secretary; or’’; 

13 (III) by adding at the end the fol14 lowing: 

15 ‘‘(II) as a part-time faculty mem16 ber or instructor who— 

17 ‘‘(aa) teaches not less than 2 

18 courses at an institution of higher 

19 education (as defined in section 

20 101(a)), a postsecondary voca21 tional institution (as defined in 

22 section 102(c)), or a Tribal Col23 lege or University (as defined in 

24 section 316(b)); 

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1 ‘‘(bb) is not a student en2 rolled at such institution; and 

3 ‘‘(cc) is not employed on a 

4 full-time basis by any other em5 ployer;’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iii) a full-time job as an employee or 

9 manager of a farm or ranch that, with re10 spect to a fiscal year, has earnings of gross 

11 revenue during such year from the sale of 

12 agricultural products equal to or greater 

13 than— 

14 ‘‘(I) in the case of 2019, $35,000; 

15 or 

16 ‘‘(II) in the case of any succeeding 

17 year, the amount applicable under this 

18 subparagraph for the previous year, 

19 increased by the estimated percentage 

20 change in the Consumer Price Index 

21 for the most recent year preceding such 

22 year; or 

23 ‘‘(iv) a full-time job with a veterans or 

24 military service organization as described 

25 in paragraph (19) or (23) of section 501(c) 

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1 of the Internal Revenue Code, that does not 

2 engage in partisan political campaign ac3 tivity.’’; and 

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

5 ‘‘(C) FULL-TIME JOB AS HEALTH CARE

6 PRACTITIONER.—The term ‘full-time profes7 sionals engaged in health care practitioner occu8 pations’ includes an individual who— 

9 ‘‘(i) has a full-time job as a health care 

10 practitioner; 

11 ‘‘(ii) provides medical services in such 

12 full-time job at a nonprofit or public hos13 pital or other nonprofit or public health 

14 care facility; and 

15 ‘‘(iii) is prohibited from being em16 ployed directly by such hospital or other 

17 health care facility by State law.’’; and 

18 (6) in paragraph (10), as so redesignated, by 

19 striking ‘‘section 428J, 428K, 428L, or 460’’ and in20 serting ‘‘section 428K or 428L’’. 

21 SEC. 4304. FEDERAL DIRECT PERKINS LOANS TERMS AND 

22 CONDITIONS. 

23 Part D of title IV of the Higher Education Act of 1965 

24 (20 U.S.C. 1087a et seq.) is amended by inserting after sec25 tion 455 the following new section: 

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1 ‘‘SEC. 455A. FEDERAL DIRECT PERKINS LOANS. 

2 ‘‘(a) DESIGNATION OF LOANS.—Loans made to bor3 rowers under this section shall be known as ‘Federal Direct 

4 Perkins Loans’. 

5 ‘‘(b) IN GENERAL.—It is the purpose of this section 

6 to authorize loans to be awarded by institutions of higher 

7 education through agreements established under section 

8 463(f). Unless otherwise specified in this section, all terms 

9 and conditions and other requirements applicable to Fed10 eral Direct Unsubsidized Stafford loans established under 

11 section 455(a)(2)(D) shall apply to loans made pursuant 

12 to this section. 

13 ‘‘(c) ELIGIBLE BORROWERS.—Any student meeting 

14 the requirements for student eligibility under section 464(b) 

15 (including graduate and professional students as defined in 

16 regulations promulgated by the Secretary) shall be eligible 

17 to borrow a Federal Direct Perkins Loan, provided the stu18 dent attends an eligible institution with an agreement with 

19 the Secretary under section 463(f), and the institution uses 

20 its authority under that agreement to award the student 

21 a loan. 

22 ‘‘(d) LOAN LIMITS.—The annual and aggregate limits 

23 for loans under this section shall be the same as those estab24 lished under section 464, and aggregate limits shall include 

25 loans made by institutions under agreements under section 

26 463(a). 

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1 ‘‘(e) APPLICABLE RATES OF INTEREST.—Loans made 

2 pursuant to this section shall bear interest, on the unpaid 

3 principal balance of the loan, at the rate of 5 percent per 

4 year.’’. 

5 SEC. 4305. COMMON MANUAL FOR LOAN SERVICERS. 

6 Section 456(a)(2) of the Higher Education Act of 1965 

7 (20 U.S.C. 1087f(a)(2)) is amended in the first sentence by 

8 inserting before the period at the end the following: ‘‘, in9 cluding the applicable procedures and policies described in 

10 the manual developed under section 493F’’. 

11 SEC. 4306. REFINANCING FFEL AND FEDERAL DIRECT 

12 LOANS. 

13 Part D of title IV of the Higher Education Act of 1965 

14 (20 U.S.C. 1087a et seq.) is amended by adding at the end 

15 the following: 

16 ‘‘SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT 

17 LOANS. 

18 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

19 program under which the Secretary, upon the receipt of an 

20 application from a qualified borrower, makes a loan under 

21 this part, in accordance with the provisions of this section, 

22 in order to permit the borrower to obtain the interest rate 

23 provided under subsection (c). 

24 ‘‘(b) REFINANCING DIRECT LOANS.— 

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1 ‘‘(1) FEDERAL DIRECT LOANS.—Upon applica2 tion of a qualified borrower, the Secretary shall repay 

3 a Federal Direct Stafford Loan, a Federal Direct Un4 subsidized Stafford Loan, a Federal Direct PLUS 

5 Loan, or a Federal Direct Consolidation Loan of the 

6 qualified borrower, for which the first disbursement 

7 was made, or the application for the consolidation 

8 loan was received, before July 1, 2020, with the pro9 ceeds of a refinanced Federal Direct Stafford Loan, a 

10 Federal Direct Unsubsidized Stafford Loan, a Federal 

11 Direct PLUS Loan, or a Federal Direct Consolida12 tion Loan, respectively, issued to the borrower in an 

13 amount equal to the sum of the unpaid principal, ac14 crued unpaid interest, and late charges of the original 

15 loan. 

16 ‘‘(2) REFINANCING FFEL PROGRAM LOANS AS RE17 FINANCED FEDERAL DIRECT LOANS.—Upon applica18 tion of a qualified borrower for any loan that was 

19 made, insured, or guaranteed under part B and for 

20 which the first disbursement was made, or the appli21 cation for the consolidation loan was received, before 

22 July 1, 2010, the Secretary shall make a loan under 

23 this part, in an amount equal to the sum of the un24 paid principal, accrued unpaid interest, and late 

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1 charges of the original loan to the borrower in accord2 ance with the following: 

3 ‘‘(A) The Secretary shall pay the proceeds of 

4 such loan to the eligible lender of the loan made, 

5 insured, or guaranteed under part B, in order to 

6 discharge the borrower from any remaining obli7 gation to the lender with respect to the original 

8 loan. 

9 ‘‘(B) A loan made under this section that 

10 was originally— 

11 ‘‘(i) a loan originally made, insured, 

12 or guaranteed under section 428 shall be a 

13 Federal Direct Stafford Loan; 

14 ‘‘(ii) a loan originally made, insured, 

15 or guaranteed under section 428B shall be 

16 a Federal Direct PLUS Loan; 

17 ‘‘(iii) a loan originally made, insured, 

18 or guaranteed under section 428H shall be 

19 a Federal Direct Unsubsidized Stafford 

20 Loan; and 

21 ‘‘(iv) a loan originally made, insured, 

22 or guaranteed under section 428C shall be a 

23 Federal Direct Consolidation Loan. 

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1 ‘‘(C) The interest rate for each loan made 

2 by the Secretary under this paragraph shall be 

3 the rate provided under subsection (c). 

4 ‘‘(c) INTEREST RATES.— 

5 ‘‘(1) IN GENERAL.—The interest rate for the refi6 nanced Federal Direct Stafford Loans, Federal Direct 

7 Unsubsidized Stafford Loans, Federal Direct PLUS 

8 Loans, and Federal Direct Consolidation Loans, shall 

9 be a rate equal to— 

10 ‘‘(A) in any case where the original loan 

11 was a loan under section 428 or 428H, a Federal 

12 Direct Stafford loan, or a Federal Direct Unsub13 sidized Stafford Loan, that was issued to an un14 dergraduate student, a rate equal to the rate for 

15 Federal Direct Stafford Loans and Federal Di16 rect Unsubsidized Stafford Loans issued to un17 dergraduate students for the 12-month period be18 ginning on July 1, 2019, and ending on June 

19 30, 2020; 

20 ‘‘(B) in any case where the original loan 

21 was a loan under section 428 or 428H, a Federal 

22 Direct Stafford Loan, or a Federal Direct Un23 subsidized Stafford Loan, that was issued to a 

24 graduate or professional student, a rate equal to 

25 the rate for Federal Direct Unsubsidized Stafford 

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1 Loans issued to graduate or professional students 

2 for the 12-month period beginning on July 1, 

3 2019, and ending on June 30, 2020; 

4 ‘‘(C) in any case where the original loan 

5 was a loan under section 428B or a Federal Di6 rect PLUS Loan, a rate equal to the rate for 

7 Federal Direct PLUS Loans for the 12-month 

8 period beginning on July 1, 2019, and ending on 

9 June 30, 2020; and 

10 ‘‘(D) in any case where the original loan 

11 was a loan under section 428C or a Federal Di12 rect Consolidation Loan, a rate calculated in ac13 cordance with paragraph (2). 

14 ‘‘(2) INTEREST RATES FOR CONSOLIDATION

15 LOANS.— 

16 ‘‘(A) METHOD OF CALCULATION.—In order 

17 to determine the interest rate for any refinanced 

18 Federal Direct Consolidation Loan under para19 graph (1)(D), the Secretary shall— 

20 ‘‘(i) determine each of the component 

21 loans that were originally consolidated in 

22 the loan under section 428C or the Federal 

23 Direct Consolidation Loan, and calculate 

24 the proportion of the unpaid principal bal25 ance of the loan under section 428C or the 

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1 Federal Direct Consolidation Loan that 

2 each component loan represents; 

3 ‘‘(ii) use the proportions determined in 

4 accordance with clause (i) and the interest 

5 rate applicable for each component loan, as 

6 determined under subparagraph (B), to cal7 culate the weighted average of the interest 

8 rates on the loans consolidated into the loan 

9 under section 428C or the Federal Direct 

10 Consolidation Loan; and 

11 ‘‘(iii) apply the weighted average cal12 culated under clause (ii) as the interest rate 

13 for the refinanced Federal Direct Consolida14 tion Loan. 

15 ‘‘(B) INTEREST RATES FOR COMPONENT

16 LOANS.—The interest rates for the component 

17 loans of a loan made under section 428C or a 

18 Federal Direct Consolidation Loan shall be the 

19 following: 

20 ‘‘(i) The interest rate for any loan 

21 under section 428 or 428H, Federal Direct 

22 Stafford Loan, or Federal Direct Unsub23 sidized Stafford Loan issued to an under24 graduate student shall be a rate equal to the 

25 lesser of— 

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1 ‘‘(I) the rate for Federal Direct 

2 Stafford Loans and Federal Direct Un3 subsidized Stafford Loans issued to un4 dergraduate students for the 12-month 

5 period beginning on July 1, 2019, and 

6 ending on June 30, 2020; or 

7 ‘‘(II) the original interest rate of 

8 the component loan. 

9 ‘‘(ii) The interest rate for any loan 

10 under section 428 or 428H, Federal Direct 

11 Stafford Loan, or Federal Direct Unsub12 sidized Stafford Loan issued to a graduate 

13 or professional student shall be a rate equal 

14 to the lesser of— 

15 ‘‘(I) the rate for Federal Direct 

16 Unsubsidized Stafford Loans issued to 

17 graduate or professional students for 

18 the 12-month period beginning on July 

19 1, 2019, and ending on June 30, 2020; 

20 or 

21 ‘‘(II) the original interest rate of 

22 the component loan. 

23 ‘‘(iii) The interest rate for any loan 

24 under section 428B or Federal Direct PLUS 

25 Loan shall be a rate equal to the lesser of— 

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1 ‘‘(I) the rate for Federal Direct 

2 PLUS Loans for the 12-month period 

3 beginning on July 1, 2019, and ending 

4 on June 30, 2020; or 

5 ‘‘(II) the original interest rate of 

6 the component loan. 

7 ‘‘(iv) The interest rate for any compo8 nent loan that is a loan under section 428C 

9 or a Federal Direct Consolidation Loan 

10 shall be the weighted average of the interest 

11 rates that would apply under this subpara12 graph for each loan comprising the compo13 nent consolidation loan. 

14 ‘‘(v) The interest rate for any eligible 

15 loan that is a component of a loan made 

16 under section 428C or a Federal Direct 

17 Consolidation Loan and is not described in 

18 clauses (i) through (iv) shall be the interest 

19 rate on the original component loan. 

20 ‘‘(3) FIXED RATE.—The applicable rate of inter21 est determined under paragraph (1) for a refinanced 

22 loan under this section shall be fixed for the period 

23 of the loan. 

24 ‘‘(d) TERMS AND CONDITIONS OF LOANS.— 

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1 ‘‘(1) IN GENERAL.—A loan that is refinanced 

2 under this section shall have the same terms and con3 ditions as the original loan, except as otherwise pro4 vided in this section. 

5 ‘‘(2) NO AUTOMATIC EXTENSION OF REPAYMENT

6 PERIOD.—Refinancing a loan under this section shall 

7 not result in the extension of the duration of the re8 payment period of the loan, and the borrower shall re9 tain the same repayment term that was in effect on 

10 the original loan. Nothing in this paragraph shall be 

11 construed to prevent a borrower from electing a dif12 ferent repayment plan at any time in accordance 

13 with section 455(d)(4). 

14 ‘‘(e) DEFINITION OF QUALIFIED BORROWER.— 

15 ‘‘(1) IN GENERAL.—For purposes of this section, 

16 the term ‘qualified borrower’ means a borrower— 

17 ‘‘(A) of a loan under this part or part B for 

18 which the first disbursement was made, or the 

19 application for a consolidation loan was re20 ceived, before July 1, 2020; and 

21 ‘‘(B) who meets the eligibility requirements 

22 based on income or debt-to-income ratio estab23 lished by the Secretary. 

24 ‘‘(2) INCOME REQUIREMENTS.—The Secretary 

25 shall establish eligibility requirements based on inVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
572 

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1 come or debt-to-income ratio that take into consider2 ation providing access to refinancing under this sec3 tion for borrowers with the greatest financial need. 

4 ‘‘(f) NOTIFICATION TO BORROWERS.—The Secretary, 

5 in coordination with the Director of the Bureau of Con6 sumer Financial Protection, shall undertake a campaign to 

7 alert borrowers of loans that are eligible for refinancing 

8 under this section that the borrowers are eligible to apply 

9 for such refinancing. The campaign shall include the fol10 lowing activities: 

11 ‘‘(1) Developing consumer information materials 

12 about the availability of Federal student loan refi13 nancing. 

14 ‘‘(2) Requiring servicers of loans under this part 

15 or part B to provide such consumer information to 

16 borrowers in a manner determined appropriate by the 

17 Secretary, in consultation with the Director of the 

18 Bureau of Consumer Financial Protection.’’. 

19 SEC. 4307. REFINANCING PRIVATE STUDENT LOANS. 

20 Part D of title IV of the Higher Education Act of 1965 

21 (20 U.S.C. 1087a et seq.) is amended by adding at the end 

22 the following: 

23 ‘‘SEC. 460B. FEDERAL DIRECT REFINANCED PRIVATE LOAN 

24 PROGRAM. 

25 ‘‘(a) DEFINITIONS.—In this section: 

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1 ‘‘(1) ELIGIBLE PRIVATE EDUCATION LOAN.—The 

2 term ‘eligible private education loan’ means a private 

3 education loan, as defined in section 140(a) of the 

4 Truth in Lending Act (15 U.S.C. 1650(a)), that— 

5 ‘‘(A) was disbursed to the borrower before 

6 July 1, 2020; and 

7 ‘‘(B) was for the borrower’s own postsec8 ondary educational expenses for an eligible pro9 gram at an institution of higher education par10 ticipating in the loan program under this part, 

11 as of the date that the loan was disbursed. 

12 ‘‘(2) FEDERAL DIRECT REFINANCED PRIVATE

13 LOAN.—The term ‘Federal Direct Refinanced Private 

14 Loan’ means a loan issued under subsection (b)(1). 

15 ‘‘(3) PRIVATE EDUCATIONAL LENDER.—The term 

16 ‘private educational lender’ has the meaning given the 

17 term in section 140(a) of the Truth in Lending Act 

18 (15 U.S.C. 1650(a)). 

19 ‘‘(4) QUALIFIED BORROWER.—The term ‘quali20 fied borrower’ means an individual who— 

21 ‘‘(A) has an eligible private education loan; 

22 ‘‘(B) has been current on payments on the 

23 eligible private education loan for the 6 months 

24 prior to the date of the qualified borrower’s ap25 plication for refinancing under this section, and 

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1 is in good standing on the loan at the time of 

2 such application; 

3 ‘‘(C) is not in default on the eligible private 

4 education loan or on any loan made, insured, or 

5 guaranteed under this part or part B or E; and 

6 ‘‘(D) meets the eligibility requirements de7 scribed in subsection (b)(2). 

8 ‘‘(b) PROGRAM AUTHORIZED.— 

9 ‘‘(1) IN GENERAL.—The Secretary, in consulta10 tion with the Secretary of the Treasury, shall carry 

11 out a program under which the Secretary, upon ap12 plication by a qualified borrower who has an eligible 

13 private education loan, shall issue such borrower a 

14 loan under this part in accordance with the following: 

15 ‘‘(A) The loan issued under this program 

16 shall be in an amount equal to the sum of the 

17 unpaid principal, accrued unpaid interest, and 

18 late charges of the private education loan. 

19 ‘‘(B) The Secretary shall pay the proceeds of 

20 the loan issued under this program to the private 

21 educational lender of the private education loan, 

22 in order to discharge the qualified borrower from 

23 any remaining obligation to the lender with re24 spect to the original loan. 

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1 ‘‘(C) The Secretary shall require that the 

2 qualified borrower undergo loan counseling that 

3 provides all of the information and counseling 

4 required under clause (i) and clauses (iv) 

5 through (xiv) of section 485(b)(1)(A) (as amend6 ed by the College Affordability Act) before the 

7 loan is refinanced in accordance with this sec8 tion, and before the proceeds of such loan are 

9 paid to the private educational lender. 

10 ‘‘(D) The Secretary shall issue the loan as 

11 a Federal Direct Refinanced Private Loan, 

12 which shall have the same terms, conditions, and 

13 benefits as a Federal Direct Unsubsidized Staf14 ford Loan, except as otherwise provided in this 

15 section. 

16 ‘‘(2) BORROWER ELIGIBILITY.—The Secretary, 

17 in consultation with the Secretary of the Treasury 

18 and the Director of the Bureau of Consumer Finan19 cial Protection, shall establish eligibility require20 ments— 

21 ‘‘(A) based on income or debt-to-income 

22 ratio that take into consideration providing ac23 cess to refinancing under this section for bor24 rowers with the greatest financial need; 

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1 ‘‘(B) to ensure eligibility only for borrowers 

2 in good standing; 

3 ‘‘(C) to minimize inequities between Federal 

4 Direct Refinanced Private Loans and other Fed5 eral student loans; 

6 ‘‘(D) to preclude windfall profits for private 

7 educational lenders; and 

8 ‘‘(E) to ensure full access to the program 

9 authorized in this subsection for borrowers with 

10 private loans who otherwise meet the criteria es11 tablished in accordance with subparagraphs (A) 

12 and (B). 

13 ‘‘(c) INTEREST RATE.— 

14 ‘‘(1) IN GENERAL.—The interest rate for a Fed15 eral Direct Refinanced Private Loan is— 

16 ‘‘(A) in the case of a Federal Direct Refi17 nanced Private Loan for a private education 

18 loan originally issued for undergraduate postsec19 ondary educational expenses, a rate equal to the 

20 rate for Federal Direct Stafford Loans and Fed21 eral Direct Unsubsidized Stafford Loans issued 

22 to undergraduate students for the 12-month pe23 riod beginning on July 1, 2019, and ending on 

24 June 30, 2020; and 

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1 ‘‘(B) in the case of a Federal Direct Refi2 nanced Private Loan for a private education 

3 loan originally issued for graduate or profes4 sional degree postsecondary educational expenses, 

5 a rate equal to the rate for Federal Direct Un6 subsidized Stafford Loans issued to graduate or 

7 professional students for the 12-month period be8 ginning on July 1, 2019, and ending on June 

9 30, 2020. 

10 ‘‘(2) COMBINED UNDERGRADUATE AND GRAD11 UATE STUDY LOANS.—If a Federal Direct Refinanced 

12 Private Loan is for a private education loan origi13 nally issued for both undergraduate and graduate or 

14 professional postsecondary educational expenses, the 

15 interest rate shall be a rate equal to the rate for Fed16 eral Direct PLUS Loans for the 12-month period be17 ginning on July 1, 2019, and ending on June 30, 

18 2020. 

19 ‘‘(3) FIXED RATE.—The applicable rate of inter20 est determined under this subsection for a Federal Di21 rect Refinanced Private Loan shall be fixed for the pe22 riod of the loan. 

23 ‘‘(d) NO INCLUSION IN AGGREGATE LIMITS.—The 

24 amount of a Federal Direct Refinanced Private Loan, or 

25 a Federal Direct Consolidated Loan to the extent such loan 

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1 was used to repay a Federal Direct Refinanced Private 

2 Loan, shall not be included in calculating a borrower’s an3 nual or aggregate loan limits under section 428 or 428H. 

4 ‘‘(e) NO ELIGIBILITY FOR SERVICE-RELATED REPAY5 MENT.—A Federal Direct Refinanced Private Loan, or any 

6 Federal Direct Consolidation Loan to the extent such loan 

7 was used to repay a Federal Direct Refinanced Private 

8 Loan, shall not be eligible for any loan repayment or loan 

9 forgiveness program under section 428K, 428L, or 460 or 

10 for the repayment plan for public service employees under 

11 section 455(m). 

12 ‘‘(f) PRIVATE EDUCATIONAL LENDER REPORTING RE13 QUIREMENT.— 

14 ‘‘(1) REPORTING REQUIRED.—The Secretary, in 

15 consultation with the Secretary of the Treasury and 

16 the Director of the Bureau of Consumer Financial 

17 Protection, shall establish a requirement that private 

18 educational lenders report the data described in para19 graph (2) to the Secretary, to Congress, to the Sec20 retary of the Treasury, and to the Director of the Bu21 reau of Consumer Financial Protection, in order to 

22 allow for an assessment of the private education loan 

23 market. 

24 ‘‘(2) CONTENTS OF REPORTING.—The data that 

25 private educational lenders shall report in accordance 

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1 with paragraph (1) shall include each of the following 

2 about private education loans (as defined in section 

3 140(a) of the Truth in Lending Act (15 U.S.C. 

4 1650(a))): 

5 ‘‘(A) The total amount of private education 

6 loan debt the lender holds. 

7 ‘‘(B) The total number of private education 

8 loan borrowers the lender serves. 

9 ‘‘(C) The average interest rate on the out10 standing private education loan debt held by the 

11 lender. 

12 ‘‘(D) The proportion of private education 

13 loan borrowers who are in default on a loan held 

14 by the lender. 

15 ‘‘(E) The proportion of the outstanding pri16 vate education loan volume held by the lender 

17 that is in default. 

18 ‘‘(F) The proportions of outstanding private 

19 education loan borrowers who are 30, 60, and 90 

20 days delinquent. 

21 ‘‘(G) The proportions of outstanding private 

22 education loan volume that is 30, 60, and 90 

23 days delinquent. 

24 ‘‘(g) NOTIFICATION TO BORROWERS.—The Secretary, 

25 in coordination with the Secretary of the Treasury and the 

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1 Director of the Bureau of Consumer Financial Protection, 

2 shall undertake a campaign to alert borrowers about the 

3 availability of private student loan refinancing under this 

4 section.’’. 

5 PART E—FEDERAL PERKINS LOANS 

6 SEC. 4401. AUTHORIZATION OF APPROPRIATIONS FOR PER7 KINS LOAN. 

8 Section 461(b) of the Higher Education Act of 1965 

9 (20 U.S.C. 1087aa(b)) is amended— 

10 (1) by striking ‘‘(1) IN GENERAL.—’’; 

11 (2) by striking paragraphs (2) and (3); and 

12 (3) by redesignating subparagraphs (A), (B), 

13 and (C) as paragraphs (1), (2), and (3), respectively. 

14 SEC. 4402. ALLOCATION OF FUNDS FOR PERKINS LOAN. 

15 Section 462 of the Higher Education Act of 1965 (20 

16 U.S.C. 1087bb) is amended— 

17 (1) in subsection (a)(1), by striking ‘‘From’’ and 

18 inserting ‘‘For any fiscal year before fiscal year 2021, 

19 from’’; and 

20 (2) in subsection (i)(1), by striking ‘‘for any fis21 cal year,’’ and inserting ‘‘for any fiscal year before 

22 fiscal year 2021,’’. 

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1 SEC. 4403. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 

2 Part E of title IV of the Higher Education Act of 1965 

3 (20 U.S.C. 1087aa et seq.) is amended by inserting after 

4 section 462 the following: 

5 ‘‘SEC. 462A. FEDERAL DIRECT PERKINS LOAN ALLOCATION. 

6 ‘‘(a) PURPOSE.—The purpose of this section is to make 

7 funds available, in accordance with section 452, to each 

8 participating institution in an amount not to exceed the 

9 sum of an institution’s allocation of funds under subsection 

10 (b)(1)(B) to enable each such participating institution to 

11 make Federal Direct Perkins Loans under section 455A to 

12 eligible students at such participating institution. 

13 ‘‘(b) AVAILABLE DIRECT PERKINS ANNUAL LOAN AU14 THORITY.— 

15 ‘‘(1) AVAILABILITY AND ALLOCATIONS.— 

16 ‘‘(A) IN GENERAL.—There are hereby made 

17 available, from funds made available for loans 

18 made under part D, not to exceed $2,400,000,000 

19 of annual loan authority for award year 2021– 

20 2022 and each succeeding award year, to be allo21 cated as provided in subparagraph (B). 

22 ‘‘(B) ALLOCATION FORMULA.—Except as 

23 provided in paragraphs (2) and (3), for each 

24 award year, the Secretary shall allocate an 

25 amount to each participating institution that is 

26 equal to— 

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1 ‘‘(i) 100 percent of the institutional 

2 undergraduate student need (as determined 

3 under subparagraph (C)) for the preceding 

4 award year; and 

5 ‘‘(ii) 25 percent of the institutional 

6 graduate student need (as determined under 

7 subparagraph (D)) for the preceding award 

8 year. 

9 ‘‘(C) INSTITUTIONAL UNDERGRADUATE STU10 DENT NEED CALCULATION.—The institutional 

11 undergraduate student need for a participating 

12 institution for an award year shall be equal to 

13 the sum of the following: 

14 ‘‘(i) An amount equal to 50 percent of 

15 the amount that bears the same proportion 

16 to the amount made available under sub17 paragraph (A) for such award year as the 

18 total amount of Federal Pell Grant funds 

19 awarded at the participating institution for 

20 the preceding award year bears to the total 

21 amount of Federal Pell Grant funds award22 ed at all participating institutions for the 

23 preceding award year. 

24 ‘‘(ii) An amount equal to 50 percent of 

25 the amount that bears the same proportion 

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1 to the amount made available under sub2 paragraph (A) for such award year as the 

3 total amount of the undergraduate student 

4 need at the participating institution for the 

5 preceding award year bears to the total 

6 amount of undergraduate student need at 

7 all participating institutions for the pre8 ceding award year. 

9 ‘‘(D) INSTITUTIONAL GRADUATE STUDENT

10 NEED CALCULATION.—The institutional graduate 

11 student need for a participating institution for 

12 an award year shall be equal to the amount that 

13 bears the same proportion to the amount made 

14 available under subparagraph (A) for such 

15 award year as the total amount of the graduate 

16 student need at the participating institution for 

17 the preceding award year bears to the total 

18 amount of graduate student need at all partici19 pating institutions for the preceding award year. 

20 ‘‘(2) REQUIRED MINIMUM AMOUNT.—In no case 

21 shall the sum of a participating institution’s alloca22 tion of loan authority computed under paragraph 

23 (1)(B) be less than the average of the institution’s 

24 total principal amount of loans made under this part 

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1 for each of the academic years 2012–2013 through 

2 2016–2017. 

3 ‘‘(3) ADDITIONAL ADJUSTMENTS.—If the Sec4 retary determines that the sum of a participating in5 stitution’s allocation of loan authority under para6 graph (1)(B) is below the minimum amount required 

7 under paragraph (3), the Secretary shall— 

8 ‘‘(A) for each participating institution for 

9 which the minimum amount under paragraph 

10 (3) is not satisfied, increase the amount of such 

11 sum to the amount of the required minimum 

12 under such paragraph; and 

13 ‘‘(B) ratably reduce the amount of the sum 

14 of such loan authority of all participating insti15 tutions not described in subparagraph (A). 

16 ‘‘(c) DEFINITIONS.—In this section: 

17 ‘‘(1) ANNUAL LOAN AUTHORITY.—The term ‘an18 nual loan authority’ means the total original prin19 cipal amount of loans— 

20 ‘‘(A) made available for loans under part 

21 D; and 

22 ‘‘(B) that may be allocated under subsection 

23 (b)(1) for an award year to participating insti24 tutions to make Federal Direct Perkins Loans 

25 under section 455A. 

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1 ‘‘(2) AVERAGE COST OF ATTENDANCE.—The term 

2 ‘average cost of attendance’ has the meaning given the 

3 term in section 4202(e)(5)(B). 

4 ‘‘(3) GRADUATE STUDENT NEED.—The term 

5 ‘graduate student need’ means, with respect to a grad6 uate student for an award year, the lesser of the fol7 lowing: 

8 ‘‘(A) The amount equal to (except the 

9 amount computed by this subparagraph shall not 

10 be less than zero)— 

11 ‘‘(i) the average cost of attendance for 

12 the preceding award year, minus 

13 ‘‘(ii) such graduate student’s expected 

14 family contribution (computed in accord15 ance with part F of this title) for the pre16 ceding award year. 

17 ‘‘(B) The total annual loan limit for a Fed18 eral Direct Unsubsidized Stafford Loan. 

19 ‘‘(4) UNDERGRADUATE STUDENT NEED.—The 

20 term ‘undergraduate student need’ means, with re21 spect to an undergraduate student for an award year, 

22 the lesser of the following: 

23 ‘‘(A) The total of the amount equal to (ex24 cept the amount computed by this clause shall 

25 not be less than zero)— 

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1 ‘‘(i) the average cost of attendance for 

2 the award year, minus 

3 ‘‘(ii) such undergraduate student’s ex4 pected family contribution (computed in ac5 cordance with part F of this title) for the 

6 preceding award year. 

7 ‘‘(B) The total loan annual limit for a Fed8 eral Direct Unsubsidized Stafford Loan and a 

9 Federal Direct Loan. 

10 ‘‘(5) PARTICIPATING INSTITUTION.—The term 

11 ‘participating institution’ means an institution of 

12 higher education— 

13 ‘‘(A) that has an agreement under section 

14 463(f); 

15 ‘‘(B) that participates in the Federal Direct 

16 Stafford Loan Program; and 

17 ‘‘(C) is not an institution described in sec18 tion 102(a)(1)(C).’’. 

19 SEC. 4404. AGREEMENTS WITH INSTITUTIONS OF HIGHER 

20 EDUCATION FOR PURPOSES OF THE PERKINS 

21 LOAN PROGRAM. 

22 (a) AMENDMENTS.—Section 463 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1087cc) is amended— 

24 (1) in subsection (a)— 

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1 (A) in the heading, by inserting ‘‘FOR

2 LOANS MADE BEFORE JULY 1, 2021’’ after 

3 ‘‘AGREEMENTS’’; 

4 (B) in paragraph (3)(A), by inserting ‘‘be5 fore July 1, 2021’’ after ‘‘students’’; 

6 (C) in paragraph (4), by striking ‘‘there7 on—’’ and all that follows and inserting ‘‘there8 on, if the institution has failed to maintain an 

9 acceptable collection record with respect to such 

10 loan, as determined by the Secretary in accord11 ance with criteria established by regulation, the 

12 Secretary may require the institution to assign 

13 such note or agreement to the Secretary, without 

14 recompense;’’; and 

15 (D) in paragraph (5), by striking ‘‘and the 

16 Secretary shall apportion’’ and all that follows 

17 through ‘‘in accordance with section 462’’ and 

18 inserting ‘‘and the Secretary shall return a por19 tion of funds from loan repayments to the insti20 tution as specified in section 466(b)’’; 

21 (2) by amending subsection (b) to read as fol22 lows: 

23 ‘‘(b) ADMINISTRATIVE EXPENSES.—An institution 

24 that has entered into an agreement under subsection (a) 

25 shall be entitled, for each fiscal year during which it servVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00587 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ices student loans from a student loan fund established 

2 under such agreement, to a payment in lieu of reimburse3 ment for its expenses in servicing student loans made before 

4 July 1, 2021. Such payment shall be equal to 0.50 percent 

5 of the outstanding principal and interest balance of such 

6 loans being serviced by the institution as of September 30 

7 of each fiscal year.’’; and 

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

9 ‘‘(f) CONTENTS OF AGREEMENTS FOR LOANS MADE ON

10 OR AFTER JULY 1, 2021.—An agreement with any institu11 tion of higher education that elects to participate in the 

12 Federal Direct Perkins Loan program under section 455A 

13 shall provide— 

14 ‘‘(1) for the establishment and maintenance of a 

15 Direct Perkins Loan program at the institution under 

16 which the institution shall use annual loan authority 

17 allocated under section 462A to make loans to eligible 

18 students attending the institution; 

19 ‘‘(2) that the institution, unless otherwise speci20 fied in this subsection, shall operate the program con21 sistent with the requirements of agreements estab22 lished under section 454; and 

23 ‘‘(3) that if the institution ceases to be eligible to 

24 receive Federal loans under this title based on loss of 

25 eligibility under section 435(a), due to a high adVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00588 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 justed cohort default rate, the Secretary shall suspend 

2 or terminate the institution’s eligibility to make Fed3 eral Direct Perkins Loans under section 455A unless 

4 and until the institution would qualify for a resump5 tion of eligible institution status under such section 

6 435(a).’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 paragraph (2) of subsection (a) shall take effect on October 

9 1, 2021. 

10 SEC. 4405. STUDENT LOAN INFORMATION BY ELIGIBLE IN11 STITUTIONS FOR PURPOSES OF THE PERKINS 

12 LOAN PROGRAM. 

13 Section 463A of the Higher Education Act of 1965 (20 

14 U.S.C. 1087cc–1) is amended— 

15 (1) in subsection (a), by striking ‘‘Each institu16 tion’’ and inserting ‘‘For loans made before July 1, 

17 2021, each institution’’; and 

18 (2) in subsection (b), by striking ‘‘Each institu19 tion’’ and inserting ‘‘For loans made before July 1, 

20 2021, each institution’’. 

21 SEC. 4406. TERMS OF LOANS FOR PURPOSES OF THE PER22 KINS LOAN PROGRAM. 

23 Section 464 of the Higher Education Act of 1965 (20 

24 U.S.C. 1087dd) is amended— 

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1 (1) in subsection (a)(1), by striking ‘‘section 

2 463’’ and inserting ‘‘section 463(a)’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1), by inserting ‘‘made 

5 before July 1, 2021,’’ after ‘‘A loan’’; and 

6 (B) in paragraph (2), by inserting ‘‘(with 

7 respect to a loan made before July 1, 2021) or 

8 an allocation under section 462A (with respect to 

9 a loan made on or after July 1, 2021)’’ after 

10 ‘‘capital contribution under section 462’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (1), by inserting ‘‘made 

13 before July 1, 2021,’’ after ‘‘a loan’’; 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A), by inserting 

16 ‘‘made before July 1, 2021,’’ after ‘‘any 

17 loan’’; and 

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

19 ‘‘made before July 1, 2021,’’ after ‘‘any 

20 loan’’; 

21 (C) in paragraph (3)(B), by inserting ‘‘for 

22 a loan made before July 1, 2021,’’ after ‘‘Sec23 retary, the repayment period’’; 

24 (D) in paragraph (4), by inserting ‘‘before 

25 July 1, 2021,’’ after ‘‘for a loan made’’; 

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1 (E) in paragraph (5), by striking ‘‘The in2 stitution’’ and inserting ‘‘For loans made before 

3 July 1, 2021, the institution’’; and 

4 (F) in paragraph (6), by inserting ‘‘made 

5 before July 1, 2021,’’ after ‘‘of loans’’; 

6 (4) in subsection (d), by inserting ‘‘made before 

7 July 1, 2021,’’ before ‘‘from the student loan fund’’; 

8 (5) in subsection (e), by inserting ‘‘with respect 

9 to loans made before July 1, 2021, and’’ before ‘‘as 

10 documented in accordance with paragraph (2),’’; 

11 (6) in subsection (f)(1), by inserting ‘‘before July 

12 1, 2021’’ after ‘‘this part’’; 

13 (7) in subsection (g)(1), by inserting ‘‘and before 

14 July 1, 2021,’’ after ‘‘January 1, 1986,’’; 

15 (8) in subsection (h)— 

16 (A) in paragraph (1)(A) by inserting ‘‘be17 fore July 1, 2021,’’ after ‘‘made under this 

18 part’’; and 

19 (B) in paragraph (2), by inserting ‘‘before 

20 July 1, 2021,’’ after ‘‘under this part’’; and 

21 (9) in subsection (j)(1), by inserting ‘‘before July 

22 1, 2021,’’ after ‘‘under this part’’. 

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1 SEC. 4407. REIMBURSEMENT FOR CANCELLATION OF PER2 KINS LOANS FOR CERTAIN PUBLIC SERVICE. 

3 Section 465 of the Higher Education Act of 1965 (20 

4 U.S.C. 1087ee) is amended— 

5 (1) in subsection (a), by inserting ‘‘and before 

6 July 1, 2021,’’ after ‘‘June 30, 1972,’’; and 

7 (2) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) REIMBURSEMENT FOR CANCELLATIONS.— 

10 ‘‘(1) ASSIGNED LOANS.—In the case of loans 

11 made under this part before July 1, 2021, and that 

12 are assigned to the Secretary, the Secretary shall, 

13 from amounts repaid each quarter on assigned Per14 kins Loans made before July 1, 2021, pay to each in15 stitution for each quarter an amount equal to— 

16 ‘‘(A) the aggregate of the amounts of loans 

17 from its student loan fund that are canceled pur18 suant to this section for such quarter, minus 

19 ‘‘(B) an amount equal to the aggregate of 

20 the amounts of any such loans so canceled that 

21 were made from Federal capital contributions to 

22 its student loan fund. 

23 ‘‘(2) RETAINED LOANS.—In the case of loans 

24 made under this part before July 1, 2021, and that 

25 are retained by the institution for servicing, the instiVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00592 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tution shall deduct from loan repayments owed to the 

2 Secretary under section 466, an amount equal to— 

3 ‘‘(A) the aggregate of the amounts of loans 

4 from its student loan fund that are canceled pur5 suant to this section for such quarter, minus 

6 ‘‘(B) an amount equal to the aggregate of 

7 the amounts of any such loans so canceled that 

8 were made from Federal capital contributions to 

9 its student loan fund.’’. 

10 SEC. 4408. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 

11 FUNDS FOR PURPOSES OF THE PERKINS 

12 LOAN PROGRAM. 

13 Section 466 of the Higher Education Act of 1965 (20 

14 U.S.C. 1087ff) is amended to read as follows: 

15 ‘‘SEC. 466. DISTRIBUTION OF ASSETS FROM STUDENT LOAN 

16 FUNDS. 

17 ‘‘(a) CAPITAL DISTRIBUTION.—Beginning July 1, 

18 2021, there shall be a capital distribution of the balance 

19 of the student loan fund established under this part by each 

20 institution of higher education as follows: 

21 ‘‘(1) For the quarter beginning July 1, 2021, the 

22 Secretary shall first be paid, no later than September 

23 30, 2021, an amount that bears the same ratio to the 

24 cash balance in such fund at the close of June 30, 

25 2021, as the total amount of the Federal capital conVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00593 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tributions to such fund by the Secretary under this 

2 part bears to— 

3 ‘‘(A) the sum of such Federal contributions 

4 and the institution’s capital contributions to 

5 such fund, less 

6 ‘‘(B) an amount equal to— 

7 ‘‘(i) the institution’s outstanding ad8 ministrative costs as calculated under sec9 tion 463(b); 

10 ‘‘(ii) outstanding charges assessed 

11 under section 464(c)(1)(H); and 

12 ‘‘(iii) outstanding loan cancellation 

13 costs incurred under section 465. 

14 ‘‘(2) At the end of each quarter subsequent to the 

15 quarter ending September 30, 2021, the Secretary 

16 shall first be paid an amount that bears the same 

17 ratio to the cash balance in such fund at the close of 

18 the preceding quarter, as the total amount of the Fed19 eral capital contributions to such fund by the Sec20 retary under this part bears to— 

21 ‘‘(A) the sum of such Federal contributions 

22 and the institution’s capital contributions to 

23 such fund, less 

24 ‘‘(B) an amount equal to— 

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1 ‘‘(i) the institution’s administrative 

2 costs incurred for that quarter as calculated 

3 under section 463(b); 

4 ‘‘(ii) charges assessed for that quarter 

5 under section 464(c)(1)(H); and 

6 ‘‘(iii) loan cancellation costs incurred 

7 for that quarter under section 465. 

8 ‘‘(3)(A) The Secretary shall calculate the 

9 amounts due to the Secretary under paragraph (1) 

10 (adjusted in accordance with subparagraph (B), as 

11 appropriate) and paragraph (2) and shall promptly 

12 inform the institution of such calculated amounts. 

13 ‘‘(B) In the event that, prior to the date of enact14 ment of the College Affordability Act, an institution 

15 made a short-term, interest-free loan to the institu16 tion’s student loan fund established under this part in 

17 anticipation of collections or receipt of Federal cap18 ital contributions, and the institution demonstrates to 

19 the Secretary, on or before June 30, 2021, that such 

20 loan will still be outstanding after June 30, 2021, the 

21 Secretary shall subtract the amount of such out22 standing loan from the cash balance of the institu23 tion’s student loan fund that is used to calculate the 

24 amount due to the Secretary under paragraph (1). An 

25 adjustment of an amount due to the Secretary under 

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1 this subparagraph shall be made by the Secretary on 

2 a case-by-case basis. 

3 ‘‘(4) Any remaining balance at the end of a 

4 quarter after a payment under paragraph (1) or (2) 

5 shall be retained by the institution for use at its dis6 cretion. Any balance so retained shall be withdrawn 

7 from the student loan fund and shall not be counted 

8 in calculating amounts owed to the Secretary for sub9 sequent quarters. 

10 ‘‘(5) Each institution shall make the quarterly 

11 payments to the Secretary described in paragraph (2) 

12 until all outstanding Federal Perkins Loans at that 

13 institution have been assigned to the Secretary and 

14 there are no funds remaining in the institution’s stu15 dent loan fund. 

16 ‘‘(6) In the event that the institution’s adminis17 trative costs, charges, and cancellation costs described 

18 in paragraph (2) for a quarter exceed the amount 

19 owed to the Secretary under paragraphs (1) and (2) 

20 for that quarter, no payment shall be due to the Sec21 retary from the institution for that quarter and the 

22 Secretary shall pay the institution, from funds real23 ized from the collection of assigned Federal Perkins 

24 Loans made before July 1, 2021, an amount that, 

25 when combined with the amount retained by the inVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00596 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 stitution under paragraphs (1) and (2), equals the 

2 full amount of such administrative costs, charges, and 

3 cancellation costs. 

4 ‘‘(b) ASSIGNMENT OF OUTSTANDING LOANS.—Begin5 ning July 1, 2021, an institution of higher education may 

6 assign all outstanding loans made under this part before 

7 July 1, 2021, to the Secretary, consistent with the require8 ments of section 463(a)(5). In collecting loans so assigned, 

9 the Secretary shall pay an institution an amount that con10 stitutes the same fraction of such collections as the fraction 

11 of the cash balance that the institution retains under sub12 section (a)(2), but determining such fraction without regard 

13 to subparagraph (B)(i) of such subsection.’’. 

14 PART F—NEED ANALYSIS 

15 SEC. 4501. AMENDMENTS TO FAMILY CONTRIBUTION. 

16 Section 473(b) of the Higher Education Act of 1965 

17 (20 U.S.C. 1087mm) is amended— 

18 (1) in paragraph (1), by striking ‘‘academic 

19 year’’ and inserting ‘‘award year’’; and 

20 (2) in paragraph (2)— 

21 (A) by striking ‘‘academic year’’ each place 

22 it appears and inserting ‘‘award year’’; 

23 (B) by striking ‘‘academic years’’ and in24 serting ‘‘award years’’; 

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1 (C) in subparagraph (B), by striking ‘‘par2 ent or guardian’’ and inserting ‘‘parent, guard3 ian, or spouse’’; and 

4 (D) in subparagraph (C), by inserting ‘‘in 

5 the case of a student whose parent or guardian 

6 is described in clause (i) or (ii) of subparagraph 

7 (B),’’ before ‘‘who’’. 

8 SEC. 4502. AMENDMENTS TO DATA ELEMENTS WHEN DE9 TERMINING THE EXPECTED FAMILY CON10 TRIBUTION. 

11 Section 474(b) of the Higher Education Act of 1965 

12 (20 U.S.C. 1087nn(b)) is amended in paragraph (4), by 

13 inserting before ‘‘the net’’ the following: ‘‘only in the case 

14 of a pathway three applicant,’’. 

15 SEC. 4503. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

16 DEPENDENT STUDENTS. 

17 (a) DEPENDENT STUDENTS.—Section 475 of the High18 er Education Act of 1965 (20 U.S.C. 1087oo) is amended— 

19 (1) in subsection (a)(3), by inserting before ‘‘the 

20 student’’ the following: ‘‘only in the case of a pathway 

21 three applicant,’’; 

22 (2) in subsection (b)(1)(B), by inserting before 

23 ‘‘the parents’ ’’ the following: ‘‘only in the case of a 

24 pathway three applicant,’’; and 

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1 (3) in subsection (b)(3), by striking ‘‘award pe2 riod’’ and inserting ‘‘award year’’. 

3 (b) INCREASING SUPPORT FOR WORKING DEPENDENT

4 STUDENTS.—Section 475(g)(2)(D) of the Higher Education 

5 Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read 

6 as follows: 

7 ‘‘(D) an income protection allowance (or a 

8 successor amount prescribed by the Secretary 

9 under section 478) of $9,230 for award year 

10 2021–2022;’’. 

11 SEC. 4504. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

12 INDEPENDENT STUDENTS WITHOUT DEPEND13 ENTS OTHER THAN A SPOUSE. 

14 (a) INDEPENDENT STUDENTS WITHOUT DEPENDENTS

15 OTHER THAN A SPOUSE.—Section 476(a)(1)(B) of the 

16 Higher Education Act of 1965 (20 U.S.C. 1087pp(a)(1)(B)) 

17 is amended by inserting before ‘‘the family’s contribution’’ 

18 the following: ‘‘only in the case of a pathway three appli19 cant,’’. 

20 (b) INCREASING SUPPORT FOR WORKING INDE21 PENDENT STUDENTS WITHOUT DEPENDENTS OTHER THAN

22 A SPOUSE.—Section 476 of the Higher Education Act of 

23 1965 (20 U.S.C. 1087pp) is further amended— 

24 (1) in subsection (a)(2), by striking ‘‘award pe25 riod’’ and inserting ‘‘award year’’; and 

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1 (2) by amending subsection (b)(1)(A)(iv) to read 

2 as follows: 

3 ‘‘(iv) an income protection allowance 

4 (or a successor amount prescribed by the 

5 Secretary under section 478)— 

6 ‘‘(I) for single or separated stu7 dents, or married students where both 

8 are enrolled pursuant to subsection 

9 (a)(2), of $14,360 for award year 

10 2021–2022; and 

11 ‘‘(II) for married students where 1 

12 is enrolled pursuant to subsection 

13 (a)(2), of $23,030 for award year 

14 2021–2022;’’. 

15 SEC. 4505. AMENDMENTS TO FAMILY CONTRIBUTION FOR 

16 INDEPENDENT STUDENTS WITH DEPEND17 ENTS OTHER THAN A SPOUSE. 

18 (a) INDEPENDENT STUDENTS WITH DEPENDENTS

19 OTHER THAN A SPOUSE.—Section 477(a)(1)(B) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1087qq(a)(1)(B)) 

21 is amended by inserting before ‘‘the family’s contribution’’ 

22 the following: ‘‘only in the case of a pathway three appli23 cant,’’. 

24 (b) INCREASING SUPPORT FOR WORKING INDE25 PENDENT STUDENTS WITH DEPENDENTS OTHER THAN A

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1 SPOUSE.—Section 477 of the Higher Education Act of 1965 

2 (20 U.S.C. 1087qq) is amended— 

3 (1) in subsection (a)(3), by striking ‘‘award pe4 riod’’ and inserting ‘‘award year’’; and 

5 (2) by amending subsection (b)(4) to read as fol6 lows: 

7 ‘‘(4) INCOME PROTECTION ALLOWANCE.—The in8 come protection allowance is determined by the fol9 lowing table (or a successor table prescribed by the 

10 Secretary under section 478), for award year 2021– 

11 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 ’’. 

12 SEC. 4506. INSTITUTIONAL CALCULATIONS FOR OFF-CAM13 PUS ROOM AND BOARD. 

14 (a) AUTHORITY TO PRESCRIBE REGULATIONS.—Sec15 tion 478(a) of the Higher Education Act of 1965 (20 U.S.C. 

16 1087rr(a)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘or’’ at the end of subpara19 graph (A); 

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1 (B) by striking the period at the end of sub2 paragraph (B) and inserting ‘‘; or’’; and 

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

4 ‘‘(C) to prescribe— 

5 ‘‘(i) one methodology that institutions of 

6 higher education (other than institutions that re7 ceive a waiver under clause (ii)) shall use, or a 

8 selection of two or more methodologies from 

9 which such institutions shall select and use a 

10 methodology, to determine the allowance for 

11 room and board costs incurred by students de12 scribed in subparagraph (A) of section 472(3) 

13 and by students described in subparagraph (D) 

14 of such section, which shall— 

15 ‘‘(I) ensure that each such allowance 

16 determination is sufficient to cover reason17 able room and board costs incurred by the 

18 students for whom such allowance is being 

19 determined; and 

20 ‘‘(II) include the sources of information 

21 that institutions shall use in making each 

22 such allowance determination; and 

23 ‘‘(ii) a process for granting institutions of 

24 higher education a waiver from the requirements 

25 of clause (i), including— 

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1 ‘‘(I) a requirement that each institu2 tion of higher education seeking such a 

3 waiver submit to the Secretary— 

4 ‘‘(aa) a description of the method5 ology that the institution will use for 

6 each allowance determination described 

7 in clause (i); 

8 ‘‘(bb) an assurance that each such 

9 allowance determination meets the re10 quirements of clause (i)(I); and 

11 ‘‘(cc) a demonstration that the in12 stitution will use reliable sources of in13 formation for each such allowance de14 termination; and 

15 ‘‘(II) a requirement that each institu16 tion of higher education that receives such a 

17 waiver publicly disclose on the website of 

18 the institution the methodology and sources 

19 of information used by the institution for 

20 each allowance determination described in 

21 clause (i).’’; and 

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

23 ‘‘(3) Any regulation proposed by the Secretary under 

24 paragraph (1)(C) of this subsection shall not be subject to 

25 the requirements of paragraph (2).’’. 

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1 (b) REQUIREMENT TO PRESCRIBE REGULATIONS.— 

2 Not later than 18 months after the date of enactment of 

3 this Act, the Secretary of Education shall issue regulations 

4 that meet the requirements of subparagraph (C) of section 

5 478(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 

6 1087rr(a)(1)), as added by subsection (a). 

7 SEC. 4507. UPDATED TABLES AND AMOUNTS TO NEED 

8 ANALYSIS. 

9 Section 478 of the Higher Education Act of 1965 (20 

10 U.S.C. 1087rr) is further amended— 

11 (1) in subsection (b)— 

12 (A) in paragraph (1), by striking subpara13 graphs (A) and (B) and inserting the following: 

14 ‘‘(A) IN GENERAL.—For each award year 

15 after award year 2021–2022, the Secretary shall 

16 publish in the Federal Register a revised table of 

17 income protection allowances for the purpose of 

18 sections 475(c)(4) and 477(b)(4), subject to sub19 paragraphs (B) and (C). 

20 ‘‘(B) TABLE FOR INDEPENDENT STU21 DENTS.—For each award year after award year 

22 2021–2022, the Secretary shall develop the re23 vised table of income protection allowances by 

24 increasing each of the dollar amounts contained 

25 in the table of income protection allowances 

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1 under section 477(b)(4) by a percentage equal to 

2 the estimated percentage increase in the Con3 sumer Price Index (as determined by the Sec4 retary for the most recent calendar year ending 

5 prior to the beginning of the award year for 

6 which the determination is being made), and 

7 rounding the result to the nearest $10.’’; and 

8 (B) in paragraph (2)— 

9 (i) in the first sentence, by striking 

10 ‘‘academic year after academic year 2007– 

11 2008’’ and inserting ‘‘award year after 

12 award year 2021–2022’’; and 

13 (ii) in the second sentence, by striking 

14 ‘‘shall be developed’’ and all that follows 

15 through the period at the end and inserting 

16 ‘‘shall be developed for each award year 

17 after award year 2021–2022, by increasing 

18 each of the dollar amounts contained in 

19 such section for award year 2021–2022 by 

20 a percentage equal to the estimated percent21 age increase in the Consumer Price Index 

22 (as determined by the Secretary for the most 

23 recent calendar year ending prior to the be24 ginning of the award year for which the deVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 termination is being made), and rounding 

2 the result to the nearest $10.’’; and 

3 (2) in subsection (e)(1), by striking ‘‘academic 

4 year’’ and inserting ‘‘award year’’. 

5 SEC. 4508. ZERO EXPECTED FAMILY CONTRIBUTION. 

6 Section 479 of the Higher Education Act of 1965 (20 

7 U.S.C. 1087ss) is amended to read as follows: 

8 ‘‘SEC. 479. ZERO EXPECTED FAMILY CONTRIBUTION. 

9 ‘‘(a) IN GENERAL.—The Secretary shall consider an 

10 applicant to have an expected family contribution equal to 

11 zero if— 

12 ‘‘(1) in the case of a dependent student— 

13 ‘‘(A)(i) the student’s parents are not re14 quired to file— 

15 ‘‘(I) a Federal income tax return; or 

16 ‘‘(II) with respect to Internal Revenue 

17 Service Form 1040, any of the following 

18 forms: Schedule A, Schedule B, Schedule C, 

19 Schedule C–EZ, Schedule D, Schedule E, 

20 Schedule F, Schedule H, Schedule J, and 

21 Schedule SE; and 

22 ‘‘(ii) the sum of the adjusted gross income 

23 of the parents is less than or equal to $37,000; 

24 or 

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1 ‘‘(B) the student’s parents, or the student, 

2 received a benefit at some time during the pre3 vious 24-month period under a means-tested 

4 Federal benefit program; 

5 ‘‘(2) in the case of an independent student with6 out regard to whether the student has dependents 

7 other than a spouse— 

8 ‘‘(A)(i) the student (and the student’s 

9 spouse, if any) certifies that the student (and the 

10 student’s spouse, if any)— 

11 ‘‘(I) is not required to file a Federal 

12 income tax return; or 

13 ‘‘(II) with respect to Internal Revenue 

14 Service Form 1040, any of the following 

15 forms: Schedule A, Schedule B, Schedule C, 

16 Schedule C–EZ, Schedule D, Schedule E, 

17 Schedule F, Schedule H, Schedule J, and 

18 Schedule SE; and 

19 ‘‘(ii) the sum of the adjusted gross income 

20 of the student and spouse (if appropriate) is less 

21 than or equal to $37,000; or 

22 ‘‘(B) the student received a benefit at some 

23 time during the previous 24-month period under 

24 a means-tested Federal benefit program; or 

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1 ‘‘(3) the applicant is a pathway one applicant 

2 under section 483(a)(13). 

3 ‘‘(b) EARNED INCOME CREDIT.—An individual is not 

4 required to qualify or file for the earned income credit in 

5 order to be eligible under this section. 

6 ‘‘(c) ADJUSTMENTS.—The Secretary shall annually 

7 adjust the income level necessary to qualify an applicant 

8 for the zero expected family contribution. The income level 

9 shall be annually increased by the estimated percentage 

10 change in the Consumer Price Index, as defined in section 

11 478(f), for the most recent calendar year ending prior to 

12 the beginning of an award year, and rounded to the nearest 

13 $1,000. 

14 ‘‘(d) MEANS-TESTED FEDERAL BENEFIT PROGRAM

15 DEFINED.—For purposes of this title, a ‘means-tested Fed16 eral benefit program’ means a mandatory spending pro17 gram of the Federal Government, other than a program 

18 under this title, in which eligibility for the program’s bene19 fits, or the amount of such benefits, are determined on the 

20 basis of income or resources of the individual or family seek21 ing the benefit, and may include such programs as— 

22 ‘‘(1) the supplemental security income program 

23 under title XVI of the Social Security Act (42 U.S.C. 

24 1381 et seq.); 

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1 ‘‘(2) the supplemental nutrition assistance pro2 gram under the Food and Nutrition Act of 2008 (7 

3 U.S.C. 2011 et seq.), a nutrition assistance program 

4 carried out under section 19 of such Act (7 U.S.C. 

5 2028), and a supplemental nutrition assistance pro6 gram carried out under section 1841(c) of title 48 of 

7 the United States Code; 

8 ‘‘(3) the program of block grants for States for 

9 temporary assistance for needy families established 

10 under part A of title IV of the Social Security Act (42 

11 U.S.C. 601 et seq.); 

12 ‘‘(4) the special supplemental nutrition program 

13 for women, infants, and children established by sec14 tion 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

15 1786); 

16 ‘‘(5) the State Medicaid program under title XIX 

17 of the Social Security Act (42 U.S.C. 1396 et seq.); 

18 and 

19 ‘‘(6) any other program identified by the Sec20 retary.’’. 

21 SEC. 4509. AMENDMENTS TO DEFINITIONS IN NEED ANAL22 YSIS. 

23 (a) USING DATA FROM THE SECOND PRECEDING

24 YEAR.—Section 480(a)(1)(B) of the Higher Education Act 

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1 of 1965 (20 U.S.C. 1087vv(a)(1)(B)) is amended by striking 

2 ‘‘may’’ in both places it appears and inserting ‘‘shall’’. 

3 (b) CHANGES TO UNTAXED INCOME AND BENEFITS.— 

4 Section 480(b) of the Higher Education Act of 1965 (20 

5 U.S.C. 1087vv(b)) is amended— 

6 (1) in paragraph (1), to read as follows: 

7 ‘‘(1) The term ‘untaxed income and benefits’ 

8 means— 

9 ‘‘(A) child support received; 

10 ‘‘(B) untaxed portion of pensions; 

11 ‘‘(C) payments to individual retirement ac12 counts and Keogh accounts excluded from income 

13 for Federal income tax purposes; and 

14 ‘‘(D) cash support or any money paid on 

15 the student’s behalf, except, for dependent stu16 dents, funds provided by the student’s parents.’’; 

17 and 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘or’’ at the end of subpara20 graph (E); 

21 (B) by striking the period at the end of sub22 paragraph (F) and inserting a semicolon; and 

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

24 ‘‘(G) worker’s compensation; 

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1 ‘‘(H) veteran’s benefits such as death pen2 sion, dependency, or indemnity compensation, or 

3 veterans’ education benefits as defined in sub4 section (c); 

5 ‘‘(I) interest on tax-free bonds; 

6 ‘‘(J) housing, food, or other allowances (in7 cluding rent subsidies for low-income housing) 

8 for military, clergy, and others (including cash 

9 payments and cash value of benefits), or the 

10 value of on-base military housing or the value of 

11 basic allowance for housing determined under 

12 section 403(b) of title 37, United States Code, re13 ceived by the parents, in the case of a dependent 

14 student, or the student or student’s spouse, in the 

15 case of an independent student; or 

16 ‘‘(K) any other untaxed income and bene17 fits, such as Black Lung Benefits, Refugee Assist18 ance, or railroad retirement benefits, or benefits 

19 received through participation in employment 

20 and training activities under title I of the Work21 force Innovation and Opportunity Act (29 

22 U.S.C. 3111 et seq.).’’. 

23 (c) AMENDMENT TO THE DEFINITION OF INDE24 PENDENT STUDENT AS IT RELATES TO FOSTER AND

25 HOMELESS YOUTH.—Section 480(d)(1)(H) of the Higher 

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1 Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is 

2 amended— 

3 (1) in the matter preceding clause (i)— 

4 (A) by striking ‘‘during the school year in 

5 which the application is submitted’’; 

6 (B) by inserting ‘‘age 23 or younger’’ after 

7 ‘‘unaccompanied youth’’; and 

8 (C) by striking ‘‘terms are’’ and inserting 

9 ‘‘term is’’; 

10 (2) in clause (i), by inserting ‘‘, or a designee of 

11 the liaison’’ after ‘‘Act’’; 

12 (3) in clause (ii), by striking ‘‘a program funded 

13 under the Runaway and Homeless Youth Act’’ and 

14 inserting ‘‘an emergency or transitional shelter, street 

15 outreach program, homeless youths drop-in center, or 

16 other program serving homeless youths,’’; and 

17 (4) in clause (iii), by striking ‘‘program funded 

18 under subtitle B of title IV of the McKinney-Vento 

19 Homeless Assistance Act (relating to emergency shel20 ter grants)’’ and inserting ‘‘Federal TRIO program 

21 or a Gaining Early Awareness and Readiness for Un22 dergraduate program under chapter 1 or 2 of subpart 

23 2 of part A,’’. 

24 (d) STREAMLINING THE DETERMINATION AND

25 VERIFICATION PROCESS FOR FOSTER AND HOMELESS

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1 YOUTH.—Section 480(d) of the Higher Education Act of 

2 1965 (20 U.S.C. 1087vv(d)) is further amended by adding 

3 at the end the following: 

4 ‘‘(3) SIMPLIFYING THE DETERMINATION PROCESS

5 FOR UNACCOMPANIED YOUTH.— 

6 ‘‘(A) VERIFICATION.—A financial aid ad7 ministrator shall accept a determination of inde8 pendence made by any individual authorized to 

9 make such determinations under clause (i), (ii), 

10 or (iii) of paragraph (1)(H) in the absence of 

11 conflicting information. A documented phone call 

12 with, or a written statement from, one of the au13 thorized individuals is sufficient verification 

14 when needed. For purposes of this paragraph, a 

15 financial aid administrator’s disagreement with 

16 the determination made by an authorized indi17 vidual shall not be considered conflicting infor18 mation. 

19 ‘‘(B) DETERMINATION OF INDEPEND20 ENCE.—A financial aid administrator shall 

21 make a determination of independence under 

22 paragraph (1)(H) if a student does not have, 

23 and cannot obtain, documentation from any of 

24 the other designated authorities described in such 

25 paragraph. Such a determination shall 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 interview 

6 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.—If 

22 an institution requires documentation to verify 

23 that a student is independent based on a status 

24 described in paragraph (1)(B), a financial aid 

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1 administrator shall consider any of the following 

2 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 case 

15 worker; 

16 ‘‘(IV) a public or private foster 

17 care placing agency or foster care facil18 ity 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, a 

25 guardian ad litem, or a Court Appointed 

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1 Special Advocate, documenting that person’s 

2 relationship to the student. 

3 ‘‘(iv) A documented phone call with, or 

4 a written statement from, a representative 

5 of a Federal TRIO program or a Gaining 

6 Early Awareness and Readiness for Under7 graduate program under chapter 1 or 2 of 

8 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 pro14 vided pursuant to section 475(5)(I) of the 

15 Social Security Act (45 U.S.C. 675(5)(I)). 

16 ‘‘(vii) Submission of a copy of the stu17 dent’s biological or adoptive parents’ or 

18 legal guardians’— 

19 ‘‘(I) Certificates of Death; or 

20 ‘‘(II) verifiable obituaries. 

21 ‘‘(viii) An attestation from the student, 

22 which includes a description of why the stu23 dent may qualify for a status described in 

24 paragraph (1)(B), including the approxi25 mate dates that the student was in foster 

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1 care, dependent, or a ward of the court, to 

2 the best of the student’s knowledge after 

3 making reasonable efforts to provide any re4 quested documentation. 

5 ‘‘(B) ADDITIONAL STREAMLINING PER6 MITTED.—Nothing in this paragraph prohibits 

7 an institution from implementing polices that 

8 streamline the determination of independent sta9 tus and improve a student’s access to financial 

10 aid because that student is an orphan, in foster 

11 care, or a ward of the court, or was an orphan, 

12 in foster care, or a ward of the court at any time 

13 since such student was 13 years of age or older. 

14 ‘‘(5) TIMING; USE OF EARLIER DETERMINA15 TION.— 

16 ‘‘(A) TIMING.—A determination under sub17 paragraph (B) or (H) of paragraph (1) for a 

18 student— 

19 ‘‘(i) shall be made as quickly as prac20 ticable; 

21 ‘‘(ii) may be made as early as the year 

22 before the award year for which the student 

23 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 independent 

6 under subparagraph (B) or (H) of paragraph (1) 

7 for a preceding award year at an institution 

8 shall be presumed to be independent for each sub9 sequent award year at the same institution un10 less— 

11 ‘‘(i) the student informs the institution 

12 that circumstances have changed; or 

13 ‘‘(ii) the institution has specific con14 flicting information about the student’s 

15 independence, and has informed the student 

16 of this information and the opportunity to 

17 challenge such information through a docu18 mented interview or an impartial review by 

19 the Borrower Advocate pursuant to section 

20 141(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 under 

9 part E of title IV of the Social Security Act to or on 

10 behalf of any child or youth over whom the State 

11 agency has responsibility for placement, care, or su12 pervision, including the value of vouchers for edu13 cation and training and amounts expended for room 

14 and board for youth who are not in foster care but 

15 are receiving services under section 477 of such Act; 

16 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 High21 er 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 among 

6 individuals who completed the program, as deter7 mined under subparagraph (D), that is not less than 

8 the average or median annual earnings rate of indi9 viduals with only a high school diploma (or the 

10 equivalent) based on the most recently available data 

11 from the Bureau of Labor Statistics or the Bureau of 

12 the Census with respect to— 

13 ‘‘(I) such average or median earnings rate 

14 in the United States; or 

15 ‘‘(II) subject to subparagraph (E), such av16 erage or median earnings rate in the State or 

17 local area in which the institution offering the 

18 program is located; 

19 ‘‘(iv) prepares students for gainful employment 

20 in a recognized occupation; 

21 ‘‘(v) has been in operation for not less than two 

22 consecutive years; and’’; and 

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

24 ‘‘(C)(i) For each subsequent year for which a program 

25 seeks eligibility under this paragraph, the Secretary shall 

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1 reevaluate whether the program continues to meet the re2 quirements of clauses (i), (iii), (iv), and (vi) of subpara3 graph (A). A program that does not meet such requirements 

4 for two consecutive award years (or, in the case of a pro5 gram that does not meet the requirements under subpara6 graph (A)(iv), for a period of time determined by the Sec7 retary) shall be ineligible to participate in programs under 

8 this title— 

9 ‘‘(I) for the period of two award years following 

10 the last award year for which the program was eligi11 ble to participate in such programs; and 

12 ‘‘(II) for any subsequent award year, unless the 

13 program reapplies for eligibility in accordance with 

14 clause (iii) and the Secretary determines that the pro15 gram meets the requirements of such clauses. 

16 ‘‘(ii) Not later than 60 days after receiving notifica17 tion from the Secretary of the loss of eligibility under clause 

18 (i), a program may appeal a loss of eligibility to the Sec19 retary. The Secretary may restore the eligibility of a pro20 gram under this paragraph if the program demonstrates 

21 to the Secretary that extenuating circumstances led to the 

22 loss of eligibility. 

23 ‘‘(iii) The Secretary shall issue a decision on any ap24 peal submitted by a program under clause (ii) not later 

25 than 45 days after its submission. 

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1 ‘‘(iv) After the expiration of the two-year period de2 scribed in clause (i)(I), a program that lost eligibility under 

3 clause (i) may reapply to the Secretary for a determination 

4 of eligibility under this paragraph. 

5 ‘‘(D)(i) In this subsection, the term ‘verified annual 

6 earnings rate’ means the mean or median annual earnings 

7 rate (whichever is higher) of individuals who completed a 

8 program calculated as of the date that is approximately one 

9 year after the date on which such individuals completed the 

10 program. 

11 ‘‘(ii) For the first year for which a program seeks eligi12 bility under this paragraph, the institution that offers such 

13 program shall— 

14 ‘‘(I) determine the verified annual earnings rate 

15 using data obtained on individuals who completed the 

16 program; 

17 ‘‘(II) obtain an audit of such determination from 

18 an independent auditor; 

19 ‘‘(III) together with the auditor described in sub20 clause (II), certify the accuracy of the verified annual 

21 earnings rate to the Secretary; and 

22 ‘‘(IV) determine the completion rate for the pro23 gram, as described in subparagraph (A)(i), and cer24 tify to the Secretary the accuracy of such determina25 tion. 

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1 ‘‘(iii) For each subsequent year for which a program 

2 seeks eligibility under this paragraph, the Secretary shall 

3 determine the verified annual earnings rate and completion 

4 rate for the program using data made available to the Sec5 retary through the postsecondary student data system estab6 lished under section 132(l) or a successor system (whichever 

7 includes the most recent data). 

8 ‘‘(E)(i) Except as provided in clause (ii), for purposes 

9 of calculating the average annual earnings rate of individ10 uals with only a high school diploma (or the equivalent) 

11 under subparagraph (A)(ii) the Secretary shall apply the 

12 national average or median earnings rate in the United 

13 States. 

14 ‘‘(ii) The Secretary may apply the average or median 

15 earnings rate in the State or local area in which the institu16 tion offering a program is located, in lieu of the national 

17 average earnings rate, if the institution provides sufficient 

18 justification to the Secretary. 

19 ‘‘(F) Using the postsecondary student data system es20 tablished under section 132(l) or a successor system to 

21 streamline reporting requirements and minimize reporting 

22 burdens, and in coordination with the National Center for 

23 Education Statistics and each institution of higher edu24 cation offering an eligible program under this paragraph, 

25 the Secretary shall, on at least an annual basis, collect data 

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1 with respect to each such eligible program, including the 

2 following: 

3 ‘‘(i) The number and demographics of students 

4 who enroll in the program. 

5 ‘‘(ii) The number of credits attempted and accu6 mulated annually by students enrolled in the pro7 gram. 

8 ‘‘(iii) The share of such students who cease en9 rollment on or before the completion of 60 percent of 

10 the payment period or period of enrollment. 

11 ‘‘(iv) The verified completion rate for the pro12 gram, as described in subparagraph (A)(i). 

13 ‘‘(v) The mean and median annual earnings of 

14 graduates and the verified annual earnings rate for 

15 the program, as described in subparagraph (A)(ii). 

16 ‘‘(vi) The number and demographics of students 

17 who complete the program. 

18 ‘‘(vii) The outcomes of the students who complete 

19 the program, including— 

20 ‘‘(I) the share of such students who continue 

21 enrollment at the institution of higher education 

22 offering the program; 

23 ‘‘(II) the share of such students who transfer 

24 to another institution of higher education; 

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1 ‘‘(III) the share of such students who com2 plete a subsequent certificate or degree program; 

3 ‘‘(IV) the share of such students who secure 

4 employment 6 months and 1 year, respectively— 

5 ‘‘(aa) after completion of such pro6 gram; or 

7 ‘‘(bb) in the case of a program that 

8 prepares students for a professional license 

9 or certification exam, after acquiring such 

10 license or certification; and 

11 ‘‘(V) in the case of a program that prepares 

12 students for a professional license or certification 

13 exam, the share of such students who pass such 

14 exam.’’; and 

15 (3) in paragraph (4), by inserting ‘‘or in addi16 tion to’’ after ‘‘in lieu of’’. 

17 (b) REPORT.—Not later than 3 years after the date 

18 of enactment of this Act, the Secretary of Education shall— 

19 (1) submit to the Committee on Education and 

20 Labor of the House of Representatives and the Com21 mittee on Health, Education, Labor, and Pensions of 

22 the Senate a report on the impact of eligible programs 

23 described in section 481(b)(2) of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1088(b)(2)), as amendVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00625 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ed by this Act, based on the most recent data collected 

2 under subparagraph (F) of such section; and 

3 (2) make the report described in paragraph (1) 

4 publicly available on the website of the Department of 

5 Education. 

6 SEC. 4602. DEFINITION OF THIRD PARTY SERVICER. 

7 Section 481(c) of the Higher Education Act of 1965 

8 (20 U.S.C. 1088(c)) is amended— 

9 (1) in paragraph (1), by striking ‘‘or’’ at the 

10 end; 

11 (2) by redesignating paragraph (2) as para12 graph (3); and 

13 (3) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) any eligible institution of higher education 

16 to recruit students; or’’. 

17 SEC. 4603. FAFSA SIMPLIFICATION. 

18 Section 483 of the Higher Education Act of 1965 (20 

19 U.S.C. 1090) is amended— 

20 (1) in subsection (a)— 

21 (A) in paragraph (2)— 

22 (i) in subparagraph (A), by striking 

23 ‘‘process’’ and all that follows through the 

24 end of clause (ii) and inserting ‘‘process a 

25 paper version of the forms described in this 

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1 subsection, in accordance with subpara2 graph (B).’’; 

3 (ii) by striking subparagraph (B); 

4 (iii) by redesignating subparagraph 

5 (C) as subparagraph (B); and 

6 (iv) in subparagraph (B), as so redes7 ignated, by striking ‘‘subparagraphs (A) 

8 and (B)’’ and inserting ‘‘subparagraph 

9 (A)’’; 

10 (B) in paragraph (3)— 

11 (i) in subparagraph (A), by striking 

12 the last sentence; 

13 (ii) by striking subparagraph (B), and 

14 redesignating subparagraphs (C) through 

15 (H) as subparagraphs (B) through (G), re16 spectively; 

17 (iii) in subparagraph (D), as so redes18 ignated— 

19 (I) by striking ‘‘The Secretary’’ 

20 and inserting the following: 

21 ‘‘(i) IN GENERAL.—The Secretary’’; 

22 and 

23 (II) by adding at the end the fol24 lowing: 

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1 ‘‘(ii) SCHOLARSHIP GRANTING ORGANI2 ZATIONS.— 

3 ‘‘(I) AUTHORIZATION.—An insti4 tution of higher education may, with 

5 explicit written consent of an appli6 cant who has completed a form devel7 oped under this section, provide such 

8 information collected from such form 

9 as is necessary to an organization de10 scribed in subclause (II) that is des11 ignated by the applicant to assist the 

12 applicant in applying for and receiv13 ing financial assistance for any com14 ponent of the applicant’s cost of at15 tendance at that institution. 

16 ‘‘(II) DEFINITION OF ORGANIZA17 TION.—An organization described in 

18 this subclause— 

19 ‘‘(aa) means a scholarship 

20 granting organization, including 

21 a tribal organization (defined in 

22 section 4 of the Indian Self-Deter23 mination and Education Assist24 ance Act (25 U.S.C. 5304))) or an 

25 organization assisting an appliVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00628 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cant in applying for and receiv2 ing Federal, State, local, or tribal 

3 assistance; and 

4 ‘‘(bb) shall be subject to the 

5 requirements of clause (i).’’; and 

6 (iv) in subparagraph (E), as so redes7 ignated, by striking ‘‘subparagraph (G)’’ 

8 and inserting ‘‘subparagraph (F)’’; 

9 (C) in paragraph (4)— 

10 (i) by striking ‘‘academic year’’ each 

11 place it appears and inserting ‘‘award 

12 year’’; 

13 (ii) in subparagraph (A), by striking 

14 clause (iv); and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) SINGLE QUESTION REGARDING HOME18 LESS STATUS.—The Secretary shall ensure that, 

19 on each form developed under this section for 

20 which the information is applicable, there is a 

21 single, easily understood screening question to 

22 identify an applicant for aid who is— 

23 ‘‘(i) an unaccompanied homeless child 

24 or youth (as such term is defined in section 

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1 725 of the McKinney-Vento Homeless Assist2 ance Act); or 

3 ‘‘(ii) an unaccompanied youth who is 

4 self-supporting and at risk of homelessness. 

5 ‘‘(D) INCARCERATED INDIVIDUALS.— 

6 ‘‘(i) IN GENERAL.—The Secretary shall 

7 streamline the forms and processes for an 

8 incarcerated individual (as defined in sec9 tion 401(n)(4)) to apply for a Federal Pell 

10 Grant under section 401, which— 

11 ‘‘(I) shall be used to determine the 

12 expected family contribution for such 

13 individual as of the date of enrollment 

14 in the course for which the individual 

15 is applying for such Federal Pell 

16 Grant; and 

17 ‘‘(II) may include— 

18 ‘‘(aa) flexibility in the sub19 mission of any required docu20 mentation required to verify eligi21 bility for a Federal Pell Grant; 

22 and 

23 ‘‘(bb) assistance in rehabili24 tating loans under section 428F. 

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1 ‘‘(ii) REPORT.—Not later than 1 year 

2 after the date of enactment of the College Af3 fordability Act, the Secretary shall submit 

4 to the Committee on Education and Labor 

5 of the House of Representatives and the 

6 Committee on Health, Education, Labor, 

7 and Pensions of the Senate, and make pub8 licly available on the website of the Depart9 ment, a report on how the forms and proc10 esses are being streamlined under clause 

11 (i).’’; 

12 (D) in paragraph (5)— 

13 (i) in subparagraph (A), by striking 

14 ‘‘paragraphs (2)(B)(iii), (3)(B), and 

15 (4)(A)(ii)’’ and inserting ‘‘paragraph 

16 (4)(A)(ii)’’; 

17 (ii) in subparagraph (B)— 

18 (I) by striking ‘‘determine’’ and 

19 all that follows through ‘‘which’’ and 

20 inserting ‘‘determine which’’; 

21 (II) by striking ‘‘; and’’ and in22 serting a period; and 

23 (III) by striking clause (ii); 

24 (iii) in subparagraph (C), by striking 

25 ‘‘Beginning’’ and all that follows through 

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1 ‘‘of the State-specific’’ and inserting ‘‘The 

2 Secretary shall publish on an annual basis 

3 a notice in the Federal Register requiring 

4 State agencies to inform the Secretary of the 

5 State-specific’’; and 

6 (iv) by striking subparagraphs (D) 

7 through (F), and redesignating subpara8 graph (G) as subparagraph (D); and 

9 (E) by adding at the end the following: 

10 ‘‘(13) FAFSA PATHWAYS.— 

11 ‘‘(A) MEMORANDUM OF UNDERSTANDING.— 

12 Not later than the effective date of the College Af13 fordability Act, the Secretary shall seek to enter 

14 into a Memorandum of Understanding with the 

15 Secretary of Health and Human Services, the 

16 Secretary of Agriculture, and the Secretary of 

17 the Treasury, under which any information ex18 changed under an income and eligibility 

19 verification system established pursuant to sec20 tion 1137 of the Social Security Act by State 

21 agencies administering a program listed in 

22 paragraph (1), (4), or (5) of subsection (b) of 

23 such section which may be of use in establishing 

24 or verifying eligibility or benefit amounts under 

25 such program shall be made available to the SecVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 retary of Education to assist in determining 

2 whether the applicant (or, in the case of a de3 pendent applicant, whether the applicant or the 

4 applicant’s parents) received a benefit at some 

5 time during the previous 24-month period under 

6 a means-tested Federal benefit program, but sub7 ject to the requirements of Federal law. 

8 ‘‘(B) REQUIREMENT FOR ALL APPLICANTS

9 AND THE SECRETARY.—For any award year for 

10 which an applicant applies for financial assist11 ance under this title (except for any award year 

12 for which, pursuant to paragraph (14), the ap13 plicant is not required to submit a FAFSA)— 

14 ‘‘(i) the applicant shall provide on the 

15 form described in this subsection whether 

16 the applicant received (or, in the case of a 

17 dependent applicant, whether the applicant 

18 or the parents of the applicant received) a 

19 benefit at some time during the previous 24- 

20 month period under a means-tested Federal 

21 benefit program; and 

22 ‘‘(ii) the Secretary, to the extent prac23 ticable and pursuant to the Memorandum of 

24 Understanding entered into under subpara25 graph (A), and without any further action 

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1 by the applicant, shall verify the appli2 cant’s (or, in the case of a dependent appli3 cant, the applicant’s or the applicant’s par4 ents’) receipt of such benefit. 

5 ‘‘(C) PATHWAY ONE APPLICANTS.— 

6 ‘‘(i) IN GENERAL.—With respect to an 

7 applicant who received (or, in the case of a 

8 dependent applicant, an applicant who re9 ceived or whose parents received) a benefit 

10 at some time during the previous 24-month 

11 period under a means-tested Federal benefit 

12 program, the applicant shall not be required 

13 to provide any further income or asset in14 formation on the form under this subsection. 

15 ‘‘(ii) DESIGNATION.—For purposes of 

16 this section and part F, an applicant de17 scribed in clause (i) shall be referred to as 

18 a ‘pathway one applicant’. 

19 ‘‘(D) PATHWAY TWO APPLICANTS.— 

20 ‘‘(i) IN GENERAL.—With respect to an 

21 applicant who is not a pathway one appli22 cant and who is described in clause (ii), the 

23 Secretary, to the extent practicable, shall 

24 use the data retrieval tool under section 

25 484(p) to obtain any information for the 

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1 applicant beyond the information described 

2 in subparagraph (A) for purposes of the 

3 form under this subsection. 

4 ‘‘(ii) REQUIREMENTS.—An applicant 

5 described in this clause is an applicant who 

6 certifies that— 

7 ‘‘(I) the applicant is not required 

8 to file or, in the case of a dependent 

9 applicant, no parent of the applicant 

10 is required to file— 

11 ‘‘(aa) a Federal income tax 

12 return; or 

13 ‘‘(bb) with respect to Internal 

14 Revenue Service Form 1040, any 

15 of the following forms: Schedule A, 

16 Schedule B, Schedule C, Schedule 

17 C–EZ, Schedule D, Schedule E, 

18 Schedule F, Schedule H, Schedule 

19 J, and Schedule SE; and 

20 ‘‘(II) the sum of the adjusted gross 

21 income of the applicant or, in the case 

22 of a dependent applicant, the parents 

23 of the applicant, is less than or equal 

24 to $60,000. 

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1 ‘‘(iii) DESIGNATION.—For purposes of 

2 this section and part F, an applicant de3 scribed in clause (i) shall be referred to as 

4 a ‘pathway two applicant’. 

5 ‘‘(E) PATHWAY THREE APPLICANTS.— 

6 ‘‘(i) IN GENERAL.—With respect to an 

7 applicant who is not a pathway one appli8 cant or a pathway two applicant, the Sec9 retary, to the extent practicable, shall use 

10 the data retrieval tool under section 484(p) 

11 to obtain any information for the applicant 

12 beyond the information described in sub13 paragraph (A) for purposes of the form 

14 under this subsection. 

15 ‘‘(ii) DESIGNATION.—For purposes of 

16 this section and part F, an applicant de17 scribed in clause (i) shall be referred to as 

18 a ‘pathway three applicant’. 

19 ‘‘(F) MEANS-TESTED FEDERAL BENEFIT

20 PROGRAM DEFINED.—For purposes of this para21 graph, the term ‘means-tested Federal benefit 

22 program’ has the meaning given the term in sec23 tion 479(d). 

24 ‘‘(14) ONE-TIME FAFSA FILING.— 

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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this section and subject to sub3 paragraphs (B) and (C), an applicant who sub4 mits a FAFSA for the first time for an award 

5 year for the period required for the completion of 

6 the first undergraduate baccalaureate course of 

7 study being pursued by such applicant and is el8 igible to receive a Federal Pell Grant for such 

9 award year, for any succeeding award year— 

10 ‘‘(i) for which the applicant does not 

11 submit a FAFSA and for which the appli12 cant submits a certification form described 

13 in subparagraph (D) that does not indicate 

14 a change in the dependency status of such 

15 applicant, such applicant— 

16 ‘‘(I) shall not be required to sub17 mit a FAFSA to receive financial as18 sistance under this title; and 

19 ‘‘(II) shall have an expected fam20 ily contribution for such year that is 

21 equal to the expected family contribu22 tion of the applicant determined for 

23 the award year for which the applicant 

24 submitted a FAFSA for such period, 

25 except that an adjustment may be 

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1 made under section 479A that results 

2 in a change in such expected family 

3 contribution; 

4 ‘‘(ii) for which the applicant submits a 

5 certification form described in subpara6 graph (D) that indicates a change in the de7 pendency status of the applicant, such ap8 plicant— 

9 ‘‘(I) shall be required to submit a 

10 FAFSA with respect to such award 

11 year to receive financial assistance 

12 under this title; and 

13 ‘‘(II) shall have an expected fam14 ily contribution for such year that is 

15 determined based on such FAFSA; 

16 ‘‘(iii) for which the applicant submits 

17 a FAFSA, such applicant— 

18 ‘‘(I) shall have an expected family 

19 contribution for such year that is de20 termined based on such FAFSA; and 

21 ‘‘(II) shall be required to submit a 

22 FAFSA for any other award year for 

23 which the applicant seeks financial as24 sistance 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 sub4 mit a FAFSA for such succeeding award 

5 year and any other award year for which 

6 the applicant seeks financial assistance 

7 under this title. 

8 ‘‘(B) ADJUSTMENT OF EXPECTED FAMILY

9 CONTRIBUTION.—With respect to an applicant 

10 described in subparagraph (A)(i) who receives an 

11 adjustment under section 479A that results in a 

12 change to the expected family contribution of the 

13 applicant, for any succeeding award year after 

14 the award year for which the adjustment was 

15 made, subclause (II) of such subparagraph shall 

16 be applied to such applicant by substituting ‘ex17 pected family contribution of the applicant as 

18 most recently changed as a result of an adjust19 ment under section 479A for such applicant’ for 

20 the ‘expected family contribution of the applicant 

21 determined for the award year for which the ap22 plicant submitted a FAFSA for such period’. 

23 ‘‘(C) RULE FOR CERTAIN STUDENTS.—With 

24 respect to an applicant who submits a FAFSA 

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1 stitution of higher education for such year, sub2 paragraph (A) shall be applied— 

3 ‘‘(i) in the matter preceding clause (i), 

4 by substituting ‘award year 2021–2022’ for 

5 ‘the first time for an award year’; and 

6 ‘‘(ii) in clause (i)(II), by substituting 

7 ‘award year 2021–2022’ for ‘the award year 

8 for which the applicant submitted a FAFSA 

9 for such period’. 

10 ‘‘(D) STUDENT CERTIFICATION FORM.—The 

11 Secretary, in cooperation with representatives of 

12 agencies and organizations involved in student 

13 financial assistance, shall use behavioral science 

14 insights to produce, distribute, and process free 

15 of charge a short and simple consumer-tested cer16 tification form that uses skip logic to bypass 

17 fields that are inapplicable to an applicant. 

18 Such form shall not require an applicant to pro19 vide data that the Secretary may otherwise ob20 tain with respect to the applicant (such as age 

21 or active duty military status), and may only 

22 contain the data elements required for purposes 

23 of subparagraph (A)(i)— 

24 ‘‘(i) to confirm whether the applicant 

25 is— 

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1 ‘‘(I) a dependent student; 

2 ‘‘(II) a single independent student 

3 or a married independent student 

4 without dependents (other than a 

5 spouse); or 

6 ‘‘(III) an independent student 

7 with dependents other than a spouse; 

8 ‘‘(ii) to allow the applicant to update 

9 the contact information of such applicant or 

10 the Federal School Code of the institution of 

11 higher education in which the applicant is, 

12 or will be enrolled, for the award year for 

13 which the applicant submits such form; and 

14 ‘‘(iii) to ask whether the applicant’s 

15 need and eligibility for financial assistance 

16 under this title has not changed substan17 tially since the most recent of the following: 

18 ‘‘(I) The applicant submitted a 

19 FAFSA. 

20 ‘‘(II) The applicant received an 

21 adjustment under section 479A that re22 sults in a change to the expected fam23 ily contribution of the applicant. 

24 ‘‘(E) DEFINITIONS.—In this paragraph: 

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1 ‘‘(i) DEPENDENCY STATUS.—The term 

2 ‘dependency status’ means the status of an 

3 applicant as— 

4 ‘‘(I) a dependent student; 

5 ‘‘(II) a single independent student 

6 or a married independent student 

7 without dependents (other than a 

8 spouse); or 

9 ‘‘(III) an independent student 

10 with dependents other than a spouse. 

11 ‘‘(ii) SUCCEEDING AWARD YEAR.—The 

12 term ‘succeeding award year’— 

13 ‘‘(I) when used with respect to an 

14 applicant who submits a FAFSA for 

15 the first time for an award year for the 

16 period required for the completion of 

17 the first undergraduate baccalaureate 

18 course of study being pursued by such 

19 applicant, means any award year for 

20 such period that follows the award 

21 year for which the applicant submits 

22 such FAFSA; and 

23 ‘‘(II) when used with respect to 

24 an applicant described in subpara25 graph (C), means any award year 

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1 after award year 2021–2022 for the pe2 riod required for the completion of the 

3 first undergraduate baccalaureate 

4 course of study being pursued by such 

5 applicant. 

6 ‘‘(15) FAFSA IN VARIOUS LANGUAGES.—The 

7 Secretary shall— 

8 ‘‘(A) translate the form developed under this 

9 subsection into not fewer than 11 foreign lan10 guages based on the languages most often spoken 

11 by English learner students and their parents, 

12 and make the translated form available and ac13 cessible to applicants in paper and electronic 

14 formats; and 

15 ‘‘(B) ensure that the form developed under 

16 this subsection is available in formats accessible 

17 to individuals with disabilities.’’; 

18 (2) in subsection (c), by striking the last sen19 tence; 

20 (3) in subsection (d)(3)— 

21 (A) in subparagraph (A), by striking ‘‘and 

22 EZ FAFSA’’; and 

23 (B) in subparagraph (B), by striking ‘‘and 

24 EZ FAFSA’’; 

25 (4) in subsection (e)— 

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1 (A) in paragraph (3) by striking ‘‘or, as 

2 appropriate, an EZ FAFSA,’’; and 

3 (B) in paragraph (5)(D), by striking ‘‘or, 

4 as appropriate, an EZ FAFSA,’’; 

5 (5) by amending subsection (f) to read as follows: 

6 ‘‘(f) USE OF INTERNAL REVENUE SERVICE DATA RE7 TRIEVAL TOOL TO POPULATE FAFSA.— 

8 ‘‘(1) SIMPLIFICATION EFFORTS.—The Secretary 

9 shall— 

10 ‘‘(A) make every effort to allow applicants 

11 to utilize the data retrieval tool to transfer data 

12 available from the Internal Revenue Service to 

13 reduce the amount of original data entry by ap14 plicants and strengthen the reliability of data 

15 used to calculate expected family contributions, 

16 including through the use of technology to— 

17 ‘‘(i) allow an applicant to automati18 cally populate the electronic version of the 

19 forms under this paragraph with data 

20 available from the Internal Revenue Serv21 ice; and 

22 ‘‘(ii) direct an applicant to appro23 priate questions on such forms based on the 

24 applicant’s answers to previous questions; 

25 and 

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1 ‘‘(B) allow taxpayers, regardless of filing 

2 status, to utilize the data retrieval tool to its full 

3 capacity. 

4 ‘‘(2) USE OF TAX RETURN IN APPLICATION PROC5 ESS.—The Secretary shall continue to examine wheth6 er data provided by the Internal Revenue Service can 

7 be used to generate an expected family contribution 

8 without additional action on the part of the student 

9 and taxpayer. 

10 ‘‘(3) REPORTS ON FAFSA SIMPLIFICATION EF11 FORTS.—Not less than once every other year, the Sec12 retary shall report to the authorizing committees and 

13 the Committees on Appropriations of the House of 

14 Representatives and the Senate on the progress of the 

15 simplification efforts under this subsection.’’; 

16 (6) by repealing subsection (g); 

17 (7) by redesignating subsection (h) as subsection 

18 (g); and 

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

20 ‘‘(h) DATA TRANSPARENCY ON THE NUMBER OF AP21 PLICANTS.— 

22 ‘‘(1) IN GENERAL.—The Secretary shall annually 

23 publish data on the number of individuals who apply 

24 for Federal student aid pursuant to this section who 

25 are homeless individuals described in section 725 of 

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1 the McKinney-Vento Homeless Assistance Act (42 

2 U.S.C. 11434a), including unaccompanied youth and 

3 foster care youth. 

4 ‘‘(2) CONTENTS.—The data described in para5 graph (1) with respect to homeless individuals shall 

6 include, at a minimum, for each application cycle— 

7 ‘‘(A) the total number of all applicants who 

8 were determined to be (or to be at risk of becom9 ing) unaccompanied homeless youth under sec10 tion 480(d)(1)(H); 

11 ‘‘(B) the number of applicants described in 

12 subparagraph (A), disaggregated— 

13 ‘‘(i) by State; and 

14 ‘‘(ii) by the sources of determination as 

15 described in clauses (i) through (iv) of sec16 tion 480(d)(1)(H); and 

17 ‘‘(C) the number of undetermined requests 

18 for homelessness consideration, including statuses 

19 that remain unknown because no determination 

20 had been made in response to the applicant’s re21 quest for the institution to consider the appli22 cant’s special circumstance of being homeless. 

23 ‘‘(i) PROHIBITION ON QUESTIONS RELATING TO DRUG

24 OFFENSES.—The Secretary may not include on the forms 

25 developed under this subsection any data items relating to 

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1 whether an applicant has a conviction of any offense under 

2 any Federal or State law involving the possession or sale 

3 of a controlled substance (as defined in section 102(6) of 

4 the Controlled Substances Act (21 U.S.C. 802(6)). 

5 ‘‘(j) FAFSA VERIFICATION.— 

6 ‘‘(1) IN GENERAL.—With respect to applicants 

7 who submit a FAFSA for an award year and were 

8 determined using data provided in such FAFSA to be 

9 eligible to receive a Federal Pell Grant for such 

10 award year, the Secretary shall submit to the author11 izing committees, and make publicly available, a re12 port for such award year on— 

13 ‘‘(A) the number and share of such appli14 cants who received a Federal Pell Grant for such 

15 award year; 

16 ‘‘(B) the number and share of such appli17 cants who did not receive a Federal Pell Grant 

18 for such year; 

19 ‘‘(C) the number and share of such appli20 cants who were selected by the Secretary for 

21 verification of the data provided in the FAFSA; 

22 ‘‘(D) to the extent practicable, the number 

23 and share of applicants described in subpara24 graph (C) who enrolled in an institution of high25 er education in a year after such selection; 

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1 ‘‘(E) the number and share of applicants 

2 described in subparagraph (C) who completed the 

3 verification process; 

4 ‘‘(F) of the applicants described in subpara5 graph (E)— 

6 ‘‘(i) the average of the expected family 

7 contribution for all such applicants as de8 termined using data provided in the 

9 FAFSA; 

10 ‘‘(ii) the average of the expected family 

11 contribution difference for all such appli12 cants; 

13 ‘‘(iii) the average of the expected fam14 ily contribution difference for all such ap15 plicants whose expected family contribution 

16 as determined using data provided in the 

17 verification process was greater than the ex18 pected family contribution as determined 

19 using data provided in the FAFSA; and 

20 ‘‘(iv) the average of the expected family 

21 contribution difference for all such appli22 cants whose expected family contribution as 

23 determined using data provided in the 

24 FAFSA was greater than the expected famVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00648 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ily contribution as determined using data 

2 provided in the verification process; 

3 ‘‘(G) of the applicants described in subpara4 graph (E)— 

5 ‘‘(i) the average Federal Pell Grant 

6 amount for all such applicants as deter7 mined using data provided in the FAFSA; 

8 ‘‘(ii) the average of the Federal Pell 

9 Grant difference for all such applicants; 

10 ‘‘(iii) the average of the Federal Pell 

11 Grant difference for all such applicants 

12 whose Federal Pell Grant amount as deter13 mined using data provided in the 

14 verification process was greater than the 

15 Federal Pell Grant amount as determined 

16 using data provided in the FAFSA; 

17 ‘‘(iv) 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 FAFSA 

21 was greater than the Federal Pell Grant 

22 amount as determined using data provided 

23 in the verification process; and 

24 ‘‘(v) the number and share of such ap25 plicants who were determined using the 

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1 data provided in the verification process to 

2 be ineligible for a Federal Pell Grant; 

3 ‘‘(H) the number and share of applicants 

4 described in subparagraph (C) who received a 

5 Federal Pell Grant for such award year; and 

6 ‘‘(I) the number and share of applicants de7 scribed in subparagraph (C) who did not receive 

8 a Federal Pell Grant for such award year. 

9 ‘‘(2) DISAGGREGATION.—The data provided in a 

10 report under paragraph (1) shall be disaggregated— 

11 ‘‘(A) by applicants who were pathway one 

12 applicants for such year; 

13 ‘‘(B) by applicants who were pathway two 

14 applicants for such year; 

15 ‘‘(C) by applicants who were pathway three 

16 applicants for such year; and 

17 ‘‘(D) with respect to applicants described in 

18 subparagraphs (C) and (E), the verification 

19 tracking groups of such applicants. 

20 ‘‘(3) DEFINITIONS.—In this subsection: 

21 ‘‘(A) EXPECTED FAMILY CONTRIBUTION DIF22 FERENCE.—The term ‘expected family contribu23 tion difference’ means, with respect to an appli24 cant who completed a verification process with 

25 respect to the FAFSA, the difference between— 

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1 ‘‘(i) the expected family contribution of 

2 such applicant as determined using data 

3 provided in the FAFSA; and 

4 ‘‘(ii) the expected family contribution 

5 of such applicant as determined using data 

6 provided in the verification process. 

7 ‘‘(B) FEDERAL PELL GRANT DIFFERENCE.— 

8 The term ‘Federal Pell Grant difference’ means, 

9 with respect to an applicant who completed a 

10 verification process with respect to the FAFSA, 

11 the difference between— 

12 ‘‘(i) the amount of the Federal Pell 

13 Grant of such applicant as determined 

14 using data provided in the FAFSA; and 

15 ‘‘(ii) the amount of the Federal Pell 

16 Grant of such applicant as determined 

17 using data provided in the verification 

18 process. 

19 ‘‘(k) FINANCIAL AID OFFERS.— 

20 ‘‘(1) REQUIREMENTS FOR OFFERS.— 

21 ‘‘(A) SECRETARIAL REQUIREMENTS.—Not 

22 later than 18 months after the date of enactment 

23 of the College Affordability Act, the Secretary 

24 shall, based on the consumer testing conducted 

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1 under subparagraph (E), publish requirements 

2 for financial aid offers that shall— 

3 ‘‘(i) include a requirement that finan4 cial aid offers shall serve as the primary 

5 source for Federal, State, and institutional 

6 financial aid information provided by an 

7 institution of higher education partici8 pating in any program under this title to 

9 each prospective student accepted for admis10 sion and each enrolled student at such insti11 tution; 

12 ‘‘(ii) include a requirement that such 

13 offers include a standardized quick reference 

14 box described in subparagraph (D); 

15 ‘‘(iii) establish standardized terms and 

16 definitions, including for the elements listed 

17 in subparagraph (C), that shall be included 

18 in each such offer; 

19 ‘‘(iv) establish formatting requirements 

20 with respect to the organization of the ele21 ments listed in subparagraph (C)), which 

22 shall include a requirement that prohibits 

23 such offers from displaying loans in a man24 ner that indicates or implies that such loans 

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1 reduce the amount owed to the institution 

2 or reduce the net price; and 

3 ‘‘(v) specify the simple, plain-language, 

4 and consumer-friendly information to be in5 cluded in each such offer with respect to the 

6 financial aid being offered to a student, 

7 which shall include— 

8 ‘‘(I) an explanation of differences 

9 among each such type of financial aid, 

10 including clear explanations that— 

11 ‘‘(aa) grants and scholar12 ships do not have to be repaid; 

13 ‘‘(bb) loans (including loans 

14 made under part D and private 

15 education loans (as defined in sec16 tion 140 of the Truth in Lending 

17 Act)) must be repaid with inter18 est; and 

19 ‘‘(cc) payments under Fed20 eral-work study programs under 

21 part C are contingent on finding 

22 qualified employment and are 

23 typically disbursed incrementally 

24 in paychecks; 

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1 ‘‘(II) information encouraging 

2 students to consider loans made under 

3 part D before such private education 

4 loans; 

5 ‘‘(III) information clarifying that 

6 students may— 

7 ‘‘(aa) decline to accept a loan 

8 made under part D; or 

9 ‘‘(bb) accept an amount of 

10 such loan that is less than the 

11 amount of such loan included in 

12 the financial aid offer; and 

13 ‘‘(IV) in a case in which the insti14 tution offers a student such a loan in 

15 an amount that is less than the max16 imum amount for which the student is 

17 eligible, an explanation that the stu18 dent is eligible for additional loans 

19 under part D. 

20 ‘‘(B) INSTITUTIONAL REQUIREMENTS.—Be21 ginning with the award year that begins not less 

22 than 1 year after the Secretary publishes require23 ments under subparagraph (A), each institution 

24 of higher education described in subparagraph 

25 (A)(i) shall provide a financial aid offer to each 

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1 student described in such subparagraph prior to 

2 each academic year that— 

3 ‘‘(i) shall comply with the require4 ments published by the Secretary under sub5 paragraph (A); and 

6 ‘‘(ii) may be supplemented by the in7 stitution with additional, non-contradictory 

8 information related to financial aid as long 

9 as such supplementary information uses the 

10 standardized terms and definitions de11 scribed in subparagraph (A)(iii). 

12 ‘‘(C) ELEMENTS.—A financial aid offer 

13 provided by an institution of higher education 

14 shall include the following elements with respect 

15 to the academic year for which the offer is being 

16 provided: 

17 ‘‘(i) The cost of attendance, which shall 

18 include separately calculated subtotals of— 

19 ‘‘(I) an itemized list of estimated 

20 direct costs owed to the institution; 

21 and 

22 ‘‘(II) an itemized list of antici23 pated student expenses not covered 

24 under subclause (I). 

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1 ‘‘(ii) Federal, State, and institutional 

2 financial aid available to the student, which 

3 shall include separately calculated subtotals 

4 of— 

5 ‘‘(I) grants and scholarships; 

6 ‘‘(II) loans made under part D 

7 (excluding Federal Direct Parent 

8 PLUS Loans) and part E; and 

9 ‘‘(III) Federal-work study pro10 grams under part C and other on-cam11 pus employment. 

12 ‘‘(iii) Other options that may be avail13 able to students to cover the cost of attend14 ance (including Federal Direct Parent 

15 PLUS Loans, tuition payment plans, sav16 ings, and earnings from other employment). 

17 ‘‘(iv) The net price, which shall be de18 termined by calculating the difference be19 tween— 

20 ‘‘(I) the cost of attendance de21 scribed in clause (i); and 

22 ‘‘(II) the grants and scholarships 

23 described in clause (ii)(I). 

24 ‘‘(v) Next step instructions, includ25 ing— 

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1 ‘‘(I) the process and deadlines for 

2 accepting the financial aid; and 

3 ‘‘(II) information about where to 

4 find additional information on the fi5 nancial aid offered. 

6 ‘‘(vi) Any other information deter7 mined necessary by the Secretary based on 

8 the consumer testing conducted under sub9 paragraph (E), which may include the fol10 lowing: 

11 ‘‘(I) An estimate of the net direct 

12 cost, which shall be determined by cal13 culating the difference between— 

14 ‘‘(aa) the direct costs owed to 

15 the institution described in clause 

16 (i)(I); and 

17 ‘‘(bb) the grants and scholar18 ships described in clause (ii)(I). 

19 ‘‘(II) Information on average stu20 dent debt, loan repayment and default 

21 rates, loan repayment options, and 

22 graduation rates. 

23 ‘‘(III) In the case of a prospective 

24 student, the process and deadlines for 

25 enrolling at the institution. 

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1 ‘‘(IV) Information regarding the 

2 enrollment period covered by the aid 

3 offer, and whether the cost and aid es4 timates are based on full-time or part5 time enrollment. 

6 ‘‘(D) STANDARDIZED QUICK REFERENCE

7 BOX.—A financial aid offer provided by an in8 stitution of higher education shall include a 

9 standardized quick reference box to enable stu10 dents to quickly and easily compare key infor11 mation on college costs and financial aid— 

12 ‘‘(i) that shall be included in an iden13 tical fashion for each student receiving a fi14 nancial aid offer from the institution on the 

15 first page of such offer; 

16 ‘‘(ii) the contents and structure of 

17 which shall be developed through consumer 

18 testing conducted under paragraph (E); and 

19 ‘‘(iii) that shall include not more than 

20 8 elements, which, at a minimum, shall in21 clude— 

22 ‘‘(I) the cost of attendance; 

23 ‘‘(II) grants and scholarships; and 

24 ‘‘(III) net price (as calculated 

25 under subparagraph (C)(iv)). 

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1 ‘‘(E) CONSUMER TESTING.—The Secretary 

2 shall— 

3 ‘‘(i) conduct consumer testing that 

4 shall serve as the basis in determining the 

5 requirements for financial aid offers pub6 lished under subparagraph (A), which shall 

7 include students (including low-income stu8 dents, English learners, first generation col9 lege students, veteran students, graduate 

10 students, and undergraduate students (in11 cluding prospective students and returning 

12 students)), students’ families (including 

13 low-income families, families of English 

14 learners, and families with first generation 

15 college students), institutions of higher edu16 cation (including representatives from two17 and four-year institutions, public and pri18 vate institutions, and minority-serving in19 stitutions), secondary school and postsec20 ondary counselors, financial aid adminis21 trators, nonprofit college access organiza22 tions, and nonprofit consumer groups; and 

23 ‘‘(ii) not later than 60 days after the 

24 publication of the requirements under sub25 paragraph (A)— 

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1 ‘‘(I) issue a report on the findings 

2 of the consumer testing under this sub3 paragraph; and 

4 ‘‘(II) specify ways in which the 

5 findings are reflected in such require6 ments. 

7 ‘‘(2) DEFINITIONS.—In this subsection— 

8 ‘‘(A) the term ‘English learner’ has the 

9 meaning given the term in section 8101(20) of 

10 the Elementary and Secondary Education Act of 

11 1965 (20 U.S.C. 7801(20)), except that such term 

12 does not include individuals described in sub13 paragraph (B) of such section; 

14 ‘‘(B) the term ‘first generation college stu15 dent’ has the meaning given the term in section 

16 402A(h)); 

17 ‘‘(C) the term ‘low-income student’ has the 

18 meaning given the term in section 419N(b)(7); 

19 and 

20 ‘‘(D) the term ‘minority-serving institution’ 

21 means an institution of higher education de22 scribed in section 371(a).’’. 

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1 SEC. 4604. STUDENT ELIGIBILITY. 

2 (a) IN GENERAL.—Section 484(a) of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1091(a)) is amended to read 

4 as follows: 

5 ‘‘(a) IN GENERAL.— 

6 ‘‘(1) GRANTS; LOANS; WORK ASSISTANCE.—In 

7 order to receive any grant, loan, or work assistance 

8 under this title, a student must— 

9 ‘‘(A) be enrolled or accepted for enrollment 

10 in a degree, certificate, or other program (includ11 ing a program of study abroad approved for 

12 credit by the eligible institution at which such 

13 student is enrolled) leading to a recognized edu14 cational credential at an institution of higher 

15 education that is an eligible institution in ac16 cordance with the provisions of section 487, ex17 cept as provided in subsections (b)(3) and (b)(4), 

18 and not be enrolled in an elementary or sec19 ondary school; 

20 ‘‘(B) if the student is presently enrolled at 

21 an institution, be maintaining satisfactory 

22 progress in the course of study the student is 

23 pursuing in accordance with the provisions of 

24 subsection (c); 

25 ‘‘(C) not owe a refund on grants previously 

26 received at any institution under this title, or be 

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1 in default on any loan from a student loan fund 

2 at any institution provided for in part E, or a 

3 loan made, insured, or guaranteed by the Sec4 retary under this title for attendance at any in5 stitution; 

6 ‘‘(D) file with the Secretary, as part of the 

7 original financial aid application process, a cer8 tification, which need not be notarized, but 

9 which shall include— 

10 ‘‘(i) a statement of educational purpose 

11 stating that the money attributable to such 

12 grant, loan, or loan guarantee will be used 

13 solely for expenses related to attendance or 

14 continued attendance at such institution; 

15 and 

16 ‘‘(ii) such student’s social security 

17 number; and 

18 ‘‘(E) if the student has been convicted of, or 

19 has pled nolo contendere or guilty to, a crime in20 volving fraud in obtaining funds under this title, 

21 have completed the repayment of such funds to 

22 the Secretary, or to the holder in the case of a 

23 loan under this title obtained by fraud. 

24 ‘‘(2) GRANTS; LOANS; WORK ASSISTANCE; SERV25 ICES.— 

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1 ‘‘(A) IN GENERAL.—In order to receive any 

2 grant, loan, or work assistance under this title, 

3 or any service provided pursuant to a program 

4 or project funded under this title, a student 

5 must— 

6 ‘‘(i) be a citizen, national, or perma7 nent resident of the United States; 

8 ‘‘(ii) be able to provide evidence from 

9 the Department of Homeland Security that 

10 he or she is in the United States for other 

11 than a temporary purpose with the inten12 tion of becoming a citizen or permanent 

13 resident; 

14 ‘‘(iii) have temporary protected status 

15 under section 244 of the Immigration and 

16 Nationality Act (8 U.S.C. 1254a); or 

17 ‘‘(iv) be a Dreamer student, as defined 

18 in subsection (q). 

19 ‘‘(B) EXCEPTIONS.—Subparagraph (A) 

20 shall not be construed to affect eligibility for par21 ticipation in projects funded under chapter 2 of 

22 subpart 2 of part A or section 418A(b).’’. 

23 (b) ABILITY TO BENEFIT.—Section 484(d)(1) of the 

24 Higher Education Act of 1965 (20 U.S.C. 1091(d)(1)) is 

25 amended— 

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1 (1) by redesignating subparagraph (B) as sub2 paragraph (C); and 

3 (2) by inserting after subparagraph (A) the fol4 lowing: 

5 ‘‘(B) The student— 

6 ‘‘(i) is enrolled at an institution of 

7 higher education (as defined in section 101) 

8 in a program described in subsection (a)(3) 

9 of such section that— 

10 ‘‘(I) prepares an individual to be 

11 successful in any of a full range of sec12 ondary and postsecondary education 

13 options; 

14 ‘‘(II) includes counseling to sup15 port an individual in achieving the in16 dividual’s education and career goals; 

17 ‘‘(III) enables an individual to at18 tain a secondary school diploma or its 

19 recognized equivalent; and 

20 ‘‘(IV) helps an individual enter or 

21 advance within a specific occupation 

22 or occupational cluster, or to enter and 

23 succeed in a graduate program; and 

24 ‘‘(ii) is determined by such institution 

25 as having the ability to benefit from the 

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1 education or training offered by the institu2 tion of higher education upon satisfactory 

3 completion of 6 credit hours or the equiva4 lent coursework that are applicable toward 

5 a degree offered by the institution of higher 

6 education.’’. 

7 (c) EXCEPTION TO REQUIRED REGISTRATION WITH

8 SELECTIVE SERVICE SYSTEM.—Section 484 of the Higher 

9 Education Act of 1965 (20 U.S.C. 1091) is further amend10 ed— 

11 (1) by repealing subsection (n); and 

12 (2) by redesignating subsections (o) through (q) 

13 as subsections (n) through (p), respectively. 

14 (d) DEFINITION OF DREAMER STUDENT.—Section 484 

15 of the Higher Education Act of 1965 (20 U.S.C. 1091), as 

16 amended by this section, is further amended by adding after 

17 subsection (p), as redesignated, the following: 

18 ‘‘(q) DREAMER STUDENT.— 

19 ‘‘(1) IN GENERAL.—In this section, the term 

20 ‘Dreamer student’ means an alien (as defined in sec21 tion 101(a)(3) of the Immigration and Nationality 

22 Act (8 U.S.C. 1101(a)(3))) who is inadmissible to the 

23 United States or deportable from the United States 

24 under the immigration laws (as defined in section 

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1 101(a)(17) of the Immigration and Nationality Act 

2 (8 U.S.C. 1101(a)(17))) and who— 

3 ‘‘(A)(i) was younger than 16 years of age 

4 on the date on which the alien initially entered 

5 the United States; and 

6 ‘‘(ii)(I) has earned a high school diploma, 

7 the recognized equivalent of such diploma from a 

8 secondary school, or a high school equivalency di9 ploma in the United States, or is scheduled to 

10 complete the requirements for such a diploma or 

11 equivalent before the next academic year begins; 

12 ‘‘(II) is enrolled in an institution of higher 

13 education pursuant to subsection (d); or 

14 ‘‘(III) has served in the uniformed services, 

15 as defined in section 101 of title 10, United 

16 States Code, for not less than 4 years and, if dis17 charged, received an honorable discharge; or 

18 ‘‘(B) would have been eligible, if the memo19 randum were fully in effect since the date issued, 

20 for a grant of deferred action pursuant to the di21 rective in the November 20, 2014, memorandum 

22 from the Secretary of Homeland Security enti23 tled ‘Exercising Prosecutorial Discretion with 

24 Respect to Individuals Who Came to the United 

25 States as Children and with Respect to Certain 

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1 Individuals Who Are the Parents of U.S. Citi2 zens or Permanent Residents’ to establish a proc3 ess for exercising prosecutorial discretion through 

4 the use of deferred action for individuals who, 

5 among other qualifications, had a son or daugh6 ter who was a United States citizen or lawful 

7 permanent resident on such date. 

8 ‘‘(2) HARDSHIP EXCEPTION.—The Secretary 

9 shall issue regulations that direct when the Depart10 ment shall waive the age requirement of paragraph 

11 (1)(A)(i) for an individual to qualify as a Dreamer 

12 student under paragraph (1), if the individual dem13 onstrates, through documentation presented to the 

14 Secretary of substantial economic or personal hard15 ship, that deprivation of the requested benefit under 

16 this title would represent a substantial hardship.’’. 

17 (e) REPEAL OF SUSPENSION OF FINANCIAL AID ELIGI18 BILITY FOR DRUG-RELATED OFFENSES.—Subsection (r) of 

19 section 484 of the Higher Education Act of 1965 (20 U.S.C. 

20 1091(r)) is repealed. 

21 (f) CONFORMING AMENDMENTS.—The Higher Edu22 cation Act of 1965 (20 U.S.C. 1001 et seq.) is amended— 

23 (1) in section 102(a)(2)(A)(i)(I)(aa), by striking 

24 ‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 

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1 (2) in section 419N(b)(7)(B)(ii), by striking 

2 ‘‘484(a)(5)’’ and inserting ‘‘484(a)(2)’’; 

3 (3) in section 484(c), by striking ‘‘subsection 

4 (a)(2)’’ each place it appears and inserting ‘‘sub5 section (a)(1)(B)’’; 

6 (4) in section 484(g)— 

7 (A) by striking ‘‘subsection (a)(5)’’ and in8 serting ‘‘subsection (a)(2)’’; and 

9 (B) by striking ‘‘Immigration and Natu10 ralization Service’’ each place it appears in 

11 paragraph (4)(B)(i) and inserting ‘‘Department 

12 of Homeland Security’’; 

13 (5) in section 484(h), by striking ‘‘Immigration 

14 and Naturalization Service’’ each place it appears 

15 and inserting ‘‘Department of Homeland Security’’; 

16 (6) in section 484(o), as so redesignated, by 

17 striking ‘‘subsection (a)(4)’’ and inserting ‘‘subsection 

18 (a)(1)(D)’’; and 

19 (7) in section 485(a)(1)(K), by striking 

20 ‘‘484(a)(2)’’ and inserting ‘‘484(a)(1)(B)’’. 

21 SEC. 4605. REASONABLE COLLECTION COSTS ON DE22 FAULTED LOANS. 

23 Section 484A(b)(1) of the Higher Education Act of 

24 1965 (20 U.S.C. 1091a(b)(1)) is amended by striking ‘‘col25 lection costs;’’ and inserting ‘‘collection costs that— 

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1 ‘‘(A) for purposes of the first collection ef2 forts, do not exceed 5 percent of the outstanding 

3 principal and interest on such loan; 

4 ‘‘(B) for purposes of the second collection ef5 forts, do not exceed 10 percent of the outstanding 

6 balance of principal and interest on such loan; 

7 ‘‘(C) for purposes of the third collection ef8 forts, do not exceed 15 percent of the outstanding 

9 balance of principal and interest on such loan; 

10 and 

11 ‘‘(D) for purposes of the fourth collection ef12 forts and any succeeding collection efforts, do not 

13 exceed 20 percent of the outstanding balance of 

14 principal and interest on such loan;’’. 

15 SEC. 4606. STUDENT ELIGIBILITY INFORMATION FOR NU16 TRITION ASSISTANCE PROGRAMS. 

17 (a) INFORMATION DISSEMINATION ACTIVITIES.—Sec18 tion 485(a)(1) of the Higher Education Act of 1965 (20 

19 U.S.C. 1092(a)(1)) is amended— 

20 (1) in subparagraph (U), by striking the ‘‘and’’ 

21 at the end; 

22 (2) in subparagraph (V), by striking the period 

23 at the end and inserting a semicolon; and 

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

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1 ‘‘(W) the most recent relevant student eligi2 bility guidance with respect to the nutrition as3 sistance programs established under— 

4 ‘‘(i) the supplemental nutrition assist5 ance program under the Food and Nutri6 tion Act of 2008 (7 U.S.C. 2011 et seq.); 

7 and 

8 ‘‘(ii) the special supplemental nutri9 tion program for women, infants, and chil10 dren established by section 17 of the Child 

11 Nutrition Act of 1966 (42 U.S.C. 1786); 

12 ‘‘(X) the contact information for the State 

13 agencies responsible for administration of the 

14 programs specified in clauses (i) and (ii) of sub15 paragraph (W); and 

16 ‘‘(Y) the food pantries and other food assist17 ance facilities and services available to students 

18 enrolled in such institution.’’. 

19 (b) COLLEGE NAVIGATOR WEBSITE.—Not later than 

20 30 days after the date of the enactment of this Act, the Sec21 retary of Education shall make available and annually up22 date on the College Navigator Website the most recent rel23 evant student eligibility guidance with respect to the nutri24 tion assistance programs established under— 

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1 (1) the supplemental nutrition assistance pro2 gram under the Food and Nutrition Act of 2008 (7 

3 U.S.C. 2011 et seq.); and 

4 (2) the special supplemental nutrition program 

5 for women, infants, and children established by sec6 tion 17 of the Child Nutrition Act of 1966 (42 U.S.C. 

7 1786). 

8 SEC. 4607. EXIT COUNSELING. 

9 (a) AMENDMENTS TO EXIT COUNSELING FOR BOR10 ROWERS.—Section 485(b) of the Higher Education Act of 

11 1965 (20 U.S.C. 1092(b)) is amended— 

12 (1) in paragraph (1)(A)— 

13 (A) in the matter preceding clause (i), strik14 ing ‘‘through financial aid offices or otherwise’’ 

15 and inserting ‘‘through the use of an interactive 

16 program, during an exit counseling session that 

17 is in-person or online, or through the use of the 

18 online counseling tool described in subsection 

19 (n)(1)(A)’’; 

20 (B) by redesignating clauses (i) through (ix) 

21 as clauses (iv) through (xii), respectively; 

22 (C) by inserting before clause (iv), as so re23 designated, the following: 

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1 ‘‘(i) a summary of the outstanding balance of 

2 principal and interest due on the loans made to the 

3 borrower under part B, D, or E; 

4 ‘‘(ii) an explanation of the grace period pre5 ceding repayment and the expected date that the bor6 rower will enter repayment; 

7 ‘‘(iii) an explanation that the borrower has the 

8 option to pay any interest that has accrued while the 

9 borrower was in school or that may accrue during the 

10 grace period preceding repayment or during an au11 thorized period of deferment, prior to the capitaliza12 tion of the interest;’’; 

13 (D) in clause (iv), as so redesignated— 

14 (i) by striking ‘‘sample information 

15 showing the average’’ and inserting ‘‘infor16 mation, based on the borrower’s outstanding 

17 balance described in clause (i), showing the 

18 borrower’s’’; and 

19 (ii) by striking ‘‘of each plan’’ and in20 serting ‘‘of at least the fixed repayment 

21 plan described in section 493E, the income22 based repayment plan under section 

23 493C(f), and any other repayment plan for 

24 which each loan may be eligible’’; 

25 (E) in clause (ix), as so redesignated— 

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1 (i) by inserting ‘‘decreased credit 

2 score,’’ after ‘‘credit reports,’’; and 

3 (ii) by inserting ‘‘reduced ability to 

4 rent or purchase a home or car, potential 

5 difficulty in securing employment,’’ after 

6 ‘‘Federal law,’’; 

7 (F) in clause (x), as so redesignated, by 

8 striking ‘‘consolidation loan under section 428C 

9 or a’’; 

10 (G) in clauses (xi) and (xii), as so redesig11 nated, by striking ‘‘and’’ at the end; and 

12 (H) by adding at the end the following: 

13 ‘‘(xiii) for each of the borrower’s loans made 

14 under part B, D, or E for which the borrower is re15 ceiving counseling under this subsection, the contact 

16 information for the loan servicer of the loan and a 

17 link to such servicer’s website; 

18 ‘‘(xiv) an explanation that an individual has a 

19 right to annually request a disclosure of information 

20 collected by a consumer reporting agency pursuant to 

21 section 612(a) of the Fair Credit Reporting Act (15 

22 U.S.C. 1681j(a)); and 

23 ‘‘(xv) an explanation that— 

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1 ‘‘(I) the borrower may be contacted during 

2 the repayment period by third-party student debt 

3 relief companies; 

4 ‘‘(II) the borrower should use caution when 

5 dealing with those companies; and 

6 ‘‘(III) the services that those companies 

7 typically provide are already offered to bor8 rowers free of charge through the Department or 

9 the borrower’s servicer.’’; 

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 in15 stitution 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) of 

24 the Higher Education Act of 1965 (20 U.S.C. 1092(d)(1)) 

25 is amended by striking ‘‘including income-sensitive’’ and 

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1 all that follows through ‘‘part D’’ and inserting ‘‘including, 

2 beginning on July 1, 2021, the income-based repayment 

3 plan under section 493C(f) and the fixed repayment plan 

4 described in section 493E’’. 

5 SEC. 4608. CLERY ACT AMENDMENTS. 

6 (a) DISCLOSURE OF CAMPUS SECURITY POLICY AND

7 CAMPUS CRIME STATISTICS.—Section 485(f) of the Higher 

8 Education Act of 1965 (20 U.S.C. 1092(f)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by inserting ‘‘(including on a prominent lo12 cation on the institution’s website)’’ after ‘‘pub13 lish’’; 

14 (B) in subparagraph (E), strike ‘‘crimes.’’ 

15 and insert ‘‘crimes, including a statement of cur16 rent campus policies regarding required back17 ground checks for employees and volunteers 

18 working with student athletes, children, or youth 

19 participating in university-sponsored programs 

20 held in campus facilities.’’; and 

21 (C) in subparagraph (F)— 

22 (i) in clause (i), by striking ‘‘and’’ at 

23 the end; 

24 (ii) in clause (ii), by striking ‘‘and’’ at 

25 the end; 

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1 (iii) in clause (iii), by striking the pe2 riod at the end and inserting ‘‘;’’; and 

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

4 ‘‘(iv) of harassment incidents that were 

5 reported to campus security authorities or 

6 local police agencies; and 

7 ‘‘(v) of hazing incidents that were re8 ported to campus security authorities or 

9 local police agencies.’’; and 

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

11 ‘‘(K)(i) Each finding by the institution that, 

12 during the most recent calendar year, and during the 

13 2 preceding calendar years for which data are avail14 able, a student organization committed a violation of 

15 the institution’s standards of conduct relating to haz16 ing, which— 

17 ‘‘(I) shall include— 

18 ‘‘(aa) the name of the student organi19 zation that committed the violation; 

20 ‘‘(bb) a general description of the ac21 tivities that led to the violation, the charges, 

22 such findings by the institution, and the 

23 sanctions placed on the organization; and 

24 ‘‘(cc) the dates on which— 

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1 ‘‘(AA) the violation was alleged to 

2 have occurred; 

3 ‘‘(BB) the student organization 

4 was charged with misconduct; 

5 ‘‘(CC) the investigation was initi6 ated; and 

7 ‘‘(DD) the investigation ended 

8 with a finding that a violation oc9 curred; and 

10 ‘‘(II) may not include— 

11 ‘‘(aa) any information related to alle12 gations or investigations of hazing that do 

13 not result in a formal finding of a violation 

14 of the standards of conduct of the institu15 tion; or 

16 ‘‘(bb) any personally identifiable infor17 mation on any individual student or mem18 ber of a student organization. 

19 ‘‘(ii) The anti-hazing policies (including the 

20 standards of conduct with respect to hazing) of the in21 stitution, and the changes, if any, that have been 

22 made in the preceding calendar year with respect to 

23 such policies, and the justification for such changes. 

24 ‘‘(iii) In the case of an allegation that a multi25 institution student organization was involved in a 

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1 hazing incident, each institution at which the stu2 dents involved in such allegation are enrolled (or were 

3 formerly enrolled), including any student who was a 

4 victim in the alleged incident, shall comply with the 

5 requirements of this subparagraph.’’; 

6 (2) in paragraph (6)(A), by adding at the end 

7 the following: 

8 ‘‘(vi) For purposes of reporting under this sec9 tion, the term ‘harassment’— 

10 ‘‘(I) means unwelcome conduct, of a hostile, 

11 intimidating, or offensive nature, based on a stu12 dent’s actual or perceived race, color, religion, 

13 sex (including sexual orientation, gender iden14 tity, pregnancy, childbirth, a medical condition 

15 related to pregnancy or childbirth, and sex 

16 stereotype), disability, or national origin, that 

17 unreasonably interferes with a student’s ability 

18 to participate in a program or activity at an in19 stitution of higher education, including by cre20 ating an intimidating, hostile, or offensive envi21 ronment; 

22 ‘‘(II) is not limited to physical acts, and in23 cludes conduct that is verbal or nonverbal, direct 

24 or indirect, undertaken in whole or in part 

25 through the use of electronic messaging services, 

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1 commercial mobile services, electronic commu2 nications, or other technology, or the placement 

3 or display of hostile or offensive images or objects 

4 based on a protected trait; and 

5 ‘‘(III) includes sexual harassment, which is 

6 unwelcome conduct of a sexual nature, includ7 ing— 

8 ‘‘(aa) a sexual advance; 

9 ‘‘(bb) a request for sexual favors; 

10 ‘‘(cc) a sexual act, where such submis11 sion is made either explicitly or implicitly 

12 a term or condition of a program or activ13 ity at an institution of higher education, re14 gardless of a student’s submission to or re15 jection of such sexual act; 

16 ‘‘(dd) a sexual act, where such submis17 sion or rejection is used as the basis for a 

18 decision affecting a term or condition of a 

19 program or activity at an institution of 

20 higher education, regardless of a student’s 

21 submission to or rejection of such sexual act; 

22 or 

23 ‘‘(ee) other conduct of a sexual nature. 

24 ‘‘(vii) The term ‘hazing’ means any intentional, 

25 knowing, or reckless act committed by a student, or 

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1 a former student, of an institution of higher edu2 cation, whether individually or in concert with other 

3 persons, against another student, that— 

4 ‘‘(I) was committed in connection with an 

5 initiation into, an affiliation with, or the main6 tenance of membership in, any student organiza7 tion; and 

8 ‘‘(II) causes, or contributes to a substantial 

9 risk of, physical injury, mental harm, or per10 sonal degradation. 

11 ‘‘(viii) The term ‘commercial mobile service’ has 

12 the meaning given the term in section 332(d) of the 

13 Communications Act of 1934 (47 U.S.C. 332(d)). 

14 ‘‘(ix) The term ‘electronic communication’ means 

15 any transfer of signs, signals, writing, images, 

16 sounds, or data of any nature transmitted in whole 

17 or in part by a wire, radio, electromagnetic, 

18 photoelectronic, or photooptical system. 

19 ‘‘(x) The term ‘electronic messaging services’ has 

20 the meaning given the term in section 102 of the 

21 Communications Assistance for Law Enforcement Act 

22 (47 U.S.C. 1001). 

23 ‘‘(xi) The term ‘multi-institution student organi24 zation’ means a student organization that includes 

25 students from more than one institution of higher 

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1 education, including city-wide, regional, State, and 

2 national chapters of student organizations. 

3 ‘‘(xii) The term ‘student organization’ means an 

4 organization that is officially recognized by or other5 wise affiliated with an institution of higher education 

6 and that has a membership that is made up pri7 marily of students enrolled at such institution.’’; 

8 (3) in paragraph (7), by inserting after the sec9 ond sentence the following: ‘‘For harassment inci10 dents, such statistics shall be compiled in accordance 

11 with the definition of that term in paragraph 

12 (6)(A)(vi). For hazing incidents, such statistics shall 

13 be compiled in accordance with the definition of that 

14 term in paragraph (6)(A)(vii).’’; and 

15 (4) in paragraph (8)— 

16 (A) by adding ‘‘sexual harassment,’’ after 

17 ‘‘sexual assault,’’ each place it appears; 

18 (B) in subparagraph (B) in subclause 

19 (iv)(I)(bb) by striking ‘‘an investigation’’ and 

20 inserting ‘‘a trauma-informed investigation’’; 

21 and 

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

23 ‘‘(viii) Written notification of victims 

24 about institutional policies regarding the 

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1 sociated with student loan interest accrual 

2 related to domestic violence, dating violence, 

3 sexual assault, sexual harassment, or stalk4 ing incidents.’’. 

5 (b) STATEMENT OF POLICY REGARDING HARASS6 MENT.—Section 485(f) of the Higher Education Act of 1965 

7 (20 U.S.C. 1092(f)) is further amended— 

8 (1) by redesignating paragraphs (9) through (18) 

9 as paragraphs (10) through (19), respectively; and 

10 (2) by inserting after paragraph (8) the fol11 lowing: 

12 ‘‘(9)(A) Each institution of higher education partici13 pating in any program under this title, other than a foreign 

14 institution of higher education, shall, as part of the report 

15 described in paragraph (1)— 

16 ‘‘(i) develop and distribute a statement of policy 

17 regarding harassment, which shall include— 

18 ‘‘(I) a prohibition of harassment, including 

19 harassment of enrolled students by other stu20 dents, faculty, and staff— 

21 ‘‘(aa) on campus; 

22 ‘‘(bb) in or on a noncampus building 

23 or property; 

24 ‘‘(cc) on public property; 

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1 ‘‘(dd) in dormitories or other residen2 tial facilities for students on campus; 

3 ‘‘(ee) through the use of electronic mail 

4 addresses issued by the institution of higher 

5 education; 

6 ‘‘(ff) through the use of computers and 

7 communication networks, including any 

8 telecommunications service, owned, oper9 ated, or contracted for use by the institution 

10 of higher education or its agents; and 

11 ‘‘(gg) during an activity sponsored by 

12 the institution of higher education or car13 ried out with the use of resources provided 

14 by the institution of higher education; 

15 ‘‘(II) a prohibition of such harassment that 

16 is carried out in whole or in part through the 

17 use of electronic messaging services, commercial 

18 mobile services, electronic communications, or 

19 other technology; 

20 ‘‘(III) a description of the institution’s pro21 grams to combat harassment, which shall be 

22 aimed at the prevention of harassment; 

23 ‘‘(IV) a description of the procedures that a 

24 student should follow if an incident of harass25 ment occurs; and 

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1 ‘‘(V) a description of the procedures that the 

2 institution will follow once an incident of har3 assment has been reported, including a statement 

4 of the standard of evidence that will be used dur5 ing any institutional conduct proceeding arising 

6 from such a report; and 

7 ‘‘(ii) provide, on a prominent location on the in8 stitution’s website, a link to the webpage that con9 tains the information required under paragraph 

10 (1)(K), including statement notifying the public— 

11 ‘‘(I) of the availability of such information, 

12 including findings, sanctions, and the implemen13 tation of sanctions, except information protected 

14 under section 444 of the General Education Pro15 visions Act (commonly known as the ‘Family 

16 Education Rights and Privacy Act of 1974’); 

17 ‘‘(II) a description of how a member of the 

18 public may obtain such information; and 

19 ‘‘(III) a statement that the institution is re20 quired to provide such information pursuant to 

21 paragraph (1)(K). 

22 ‘‘(B) The statement of policy described in subpara23 graph (A)(i) shall address the following areas: 

24 ‘‘(i) Procedures for timely institutional action in 

25 cases of alleged harassment, which shall include a 

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1 clear statement that the accuser and the accused shall 

2 be informed of the outcome of any disciplinary pro3 ceedings in response to an allegation of harassment. 

4 ‘‘(ii) Possible sanctions to be imposed following 

5 the final determination of an institutional discipli6 nary procedure regarding harassment. 

7 ‘‘(iii) Notification of existing counseling, mental 

8 health, or student services for victims or perpetrators 

9 of harassment, both on campus and in the commu10 nity. 

11 ‘‘(iv) Identification of a designated employee or 

12 office at the institution that will be responsible for re13 ceiving and tracking each report of harassment.’’. 

14 (c) CIVIL PENALTIES.—Section 485(f) of the Higher 

15 Education Act of 1965 (20 U.S.C. 1092(f)) is further 

16 amended— 

17 (1) in paragraph (14), as redesignated by sub18 section (b)— 

19 (A) by striking ‘‘in the same amount and’’; 

20 and 

21 (B) by inserting before the period at the end 

22 the following: ‘‘, expect that such section shall be 

23 applied by substituting ‘$100,000’ for 

24 ‘$60,000’ ’’; and 

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1 (2) in paragraph (17), as redesignated by sub2 section (b), by adding ‘‘sexual harassment,’’ after 

3 ‘‘sexual assault,’’. 

4 SEC. 4609. ONLINE SURVEY TOOL FOR CAMPUS SAFETY. 

5 Section 485(f) of the Higher Education Act of 1965 

6 (20 U.S.C. 1092) is further amended— 

7 (1) by redesignating paragraphs (18) and (19) 

8 as so redesignated as paragraphs (19) and (20), re9 spectively; and 

10 (2) by inserting after paragraph (17) the fol11 lowing: 

12 ‘‘(18) ONLINE SURVEY TOOL FOR CAMPUS SAFE13 TY.— 

14 ‘‘(A) IN GENERAL.—The Secretary shall, in 

15 consultation with the Attorney General, Director 

16 of the Centers for Disease Control, and the Sec17 retary of the Department of Health and Human 

18 Services and experts in domestic violence, dating 

19 violence, sexual assault, sexual harassment, and 

20 stalking, develop, design, and make available 

21 through a secure and accessible online portal, a 

22 standardized online survey tool regarding stu23 dent experiences with domestic violence, dating 

24 violence, sexual assault, sexual harassment, and 

25 stalking. 

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1 ‘‘(B) DEVELOPMENT OF SURVEY TOOL.—In 

2 developing the survey tool required under sub3 paragraph (A), the Secretary shall— 

4 ‘‘(i) use best practices from peer-re5 viewed research measuring domestic vio6 lence, dating violence, sexual assault, sexual 

7 harassment, and stalking; 

8 ‘‘(ii) consult with the higher education 

9 community, experts in survey research re10 lated to domestic violence, dating violence, 

11 sexual assault, sexual harassment, and 

12 stalking, and organizations engaged in the 

13 prevention of and response to, and advocacy 

14 on behalf of victims of, domestic violence, 

15 dating violence, sexual assault, sexual har16 assment, and stalking regarding the devel17 opment and design of such survey tool and 

18 the methodology for administration of such 

19 survey tool; and 

20 ‘‘(iii) ensure that the survey tool is 

21 readily accessible to and usable by individ22 uals with disabilities. 

23 ‘‘(C) ELEMENTS.— 

24 ‘‘(i) IN GENERAL.—The survey tool de25 veloped pursuant to this paragraph shall be 

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1 fair and unbiased, scientifically valid and 

2 reliable, and meet the highest standards of 

3 survey research. 

4 ‘‘(ii) SURVEY QUESTIONS.—Survey 

5 questions included in the survey tool devel6 oped pursuant to this paragraph shall— 

7 ‘‘(I) be designed to gather infor8 mation on student experiences with do9 mestic violence, dating violence, sexual 

10 assault, sexual harassment, and stalk11 ing, including the experiences of vic12 tims of such incidents; 

13 ‘‘(II) use trauma-informed lan14 guage to prevent retraumatization; and 

15 ‘‘(III) include the following: 

16 ‘‘(aa) Questions designed to 

17 determine the incidence and prev18 alence of domestic violence, dating 

19 violence, sexual assault, sexual 

20 harassment, and stalking. 

21 ‘‘(bb) Questions regarding 

22 whether students know about in23 stitutional policies and procedures 

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1 ing violence, sexual assault, sexual 

2 harassment, and stalking. 

3 ‘‘(cc) Questions designed to 

4 determine, if victims reported do5 mestic violence, dating violence, 

6 sexual assault, sexual harassment, 

7 or stalking— 

8 ‘‘(AA) to whom the inci9 dent was reported and what 

10 response the victim may have 

11 received; 

12 ‘‘(BB) whether the vic13 tim was informed of, or re14 ferred to, national, State, 

15 local, or on-campus re16 sources; and 

17 ‘‘(CC) whether the entity 

18 to whom the victim reported 

19 the incident conducted an in20 vestigation and the duration 

21 and final resolution of such 

22 an investigation. 

23 ‘‘(dd) Questions regarding 

24 contextual factors, such as whether 

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1 force, incapacitation, or coercion 

2 was involved. 

3 ‘‘(ee) Questions to determine 

4 whether an accused individual 

5 was a student at the institution. 

6 ‘‘(ff) Questions to determine 

7 whether a victim reported an inci8 dent to State, local, or campus 

9 law enforcement. 

10 ‘‘(gg) Questions to determine 

11 why the victim chose to report or 

12 not report an incident to the in13 stitution or State, local, or cam14 pus law enforcement. 

15 ‘‘(hh) Questions to determine 

16 the impact of domestic violence, 

17 dating violence, sexual assault, 

18 sexual harassment, and stalking 

19 on the victim’s education, includ20 ing diminished grades, dropped 

21 classes, leaves of absence, and neg22 ative financial consequences (such 

23 as costs associated with loss in 

24 paid tuition due to leaves of ab25 sence, loss in scholarship awards 

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1 due to diminished grades, and 

2 cost associated with counseling, 

3 medical services, or housing 

4 changes). 

5 ‘‘(ii) Questions to determine 

6 the impact and effectiveness of 

7 prevention and awareness pro8 grams and complaints processes. 

9 ‘‘(jj) Questions to determine 

10 attitudes toward sexual violence 

11 and harassment, including the 

12 willingness of individuals to in13 tervene as a bystander of sex14 based (including sexual orienta15 tion-based and gender identity16 based), race-based, national ori17 gin-based, and disability-based 

18 discrimination, harassment, as19 sault, domestic violence, dating vi20 olence, sexual assault, sexual har21 assment, and stalking. 

22 ‘‘(kk) Other questions, as de23 termined by the Secretary. 

24 ‘‘(iii) ADDITIONAL ELEMENTS.—In ad25 dition to the standardized questions develVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00691 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 oped by the Secretary under clause (ii), an 

2 institution may request additional informa3 tion from students that would increase the 

4 understanding of the institution of school 

5 climate factors unique to their campuses. 

6 ‘‘(iv) RESPONSES.—The responses to 

7 the survey questions described in clause (ii) 

8 shall— 

9 ‘‘(I) be submitted confidentially; 

10 ‘‘(II) not be included in crime 

11 statistics; and 

12 ‘‘(III) in the case of such re13 sponses being included in a report, 

14 shall not include personally identifi15 able information. 

16 ‘‘(D) ADMINISTRATION OF SURVEY.— 

17 ‘‘(i) FEDERAL ADMINISTRATION.—The 

18 Secretary, in consultation with the Attorney 

19 General, Director of the Centers for Disease 

20 Control, and Secretary of the Department of 

21 Health and Human Services, shall develop 

22 a mechanism by which institutions of high23 er education may, with respect to the survey 

24 tool developed pursuant to this paragraph— 

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1 ‘‘(I) administer such survey tool; 

2 and 

3 ‘‘(II) modify such survey tool to 

4 include additional elements or require5 ments, as determined by the institu6 tion. 

7 ‘‘(ii) COSTS.—The Secretary may not 

8 require an institution of higher education to 

9 pay to modify the survey tool in accordance 

10 with clause (ii)(II). 

11 ‘‘(iii) ACCESSIBILITY.—The Secretary 

12 shall ensure that the survey tool is adminis13 tered in such a way as to be readily acces14 sible to and usable by individuals with dis15 abilities. 

16 ‘‘(iv) INSTITUTIONAL ADMINISTRA17 TION.—Beginning not later than one year 

18 after the date on which the Secretary makes 

19 available to institutions the mechanism de20 scribed in clause (i), and every 2 years 

21 thereafter, each institution shall administer 

22 the survey tool developed pursuant to this 

23 paragraph. 

24 ‘‘(E) COMPLETED SURVEYS.—The Secretary 

25 shall require each institution participating in 

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1 any program under this title to ensure, to the 

2 maximum extent practicable, that an adequate, 

3 random, and representative sample size of stu4 dents (as determined by the Secretary) enrolled 

5 at the institution complete the survey tool devel6 oped pursuant to this paragraph. 

7 ‘‘(F) REPORT.—Beginning not later than 2 

8 years after the date of enactment of the College 

9 Affordability Act, the Secretary shall prepare a 

10 biennial report on the information gained from 

11 the standardized elements of the survey under 

12 this paragraph and publish such report in an 

13 accessible format on the website of the Depart14 ment and submit such report to Congress. The 

15 report shall include campus-level data for each 

16 school and attributed by name of each campus in 

17 a manner that permits comparisons across 

18 schools and campuses. 

19 ‘‘(G) PUBLICATION.—Each institution shall 

20 publish, in a manner that is readily accessible 

21 and usable by individuals, including individuals 

22 with disabilities— 

23 ‘‘(i) the campus-level results of the 

24 standardized elements of the survey under 

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1 tion and in the annual security report re2 quired under paragraph 1 for the campuses 

3 affiliated with the institution; and 

4 ‘‘(ii) the campus-level results of the ad5 ditional elements modifying the survey by 

6 the institution, if any, on the website of the 

7 institution. 

8 ‘‘(H) VIOLATION.—Upon a determination 

9 pursuant to section 487(c)(3)(B) that an institu10 tion of higher education has violated or failed to 

11 carry out any provision under this subsection, 

12 the Secretary shall impose a civil penalty upon 

13 the institution in the same amount and pursu14 ant to the same procedures as a civil penalty is 

15 imposed under section 487(c)(3)(B).’’. 

16 SEC. 4610. TRANSFER OF CREDIT POLICIES. 

17 Section 485(h)(1) of the Higher Education Act of 1965 

18 (20 U.S.C. 1092(h)(1)) is amended— 

19 (1) in the matter preceding subparagraph (A)— 

20 (A) by inserting ‘‘on the website of the insti21 tution and in at least one other relevant publica22 tion (such as a course catalogue)’’ after ‘‘publicly 

23 disclose’’; and 

24 (B) by inserting ‘‘, easy to find,’’ after 

25 ‘‘readable’’; and 

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1 (2) in subparagraph (B), by striking the period 

2 at the end and inserting the following: ‘‘, including 

3 a link to the website of each institution of higher edu4 cation on such list and a link to or an explanation 

5 of the provisions of each such articulation agreement; 

6 and’’; and 

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

8 ‘‘(C) a list of transfer-related resources and 

9 information not otherwise provided under sub10 paragraphs (A) and (B) that the institution pro11 vides (such as deadlines, financial aid informa12 tion, and relevant staff contact information).’’. 

13 SEC. 4611. AMENDMENTS TO INSTITUTIONAL AND FINAN14 CIAL ASSISTANCE. 

15 (a) NOTICE TO STUDENTS CONCERNING DRUG VIOLA16 TIONS.—Subsection (k) of section 485 (20 U.S.C. 1092) is 

17 repealed. 

18 (b) LIAISON FOR HOMELESS INDIVIDUALS AND FOS19 TER CARE YOUTH.—Section 485 of the Higher Education 

20 Act of 1965 (20 U.S.C. 1092) is amended by inserting after 

21 subsection (j) the following: 

22 ‘‘(k) Each institution of higher education partici23 pating in any program under this title shall— 

24 ‘‘(1) have designated an appropriate staff person 

25 as a liaison to assist homeless individuals described 

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1 in section 725 of the McKinney-Vento Homeless As2 sistance Act (42 U.S.C. 11434a) and foster care youth 

3 in accessing and completing postsecondary education, 

4 including by ensuring that such homeless individuals 

5 and foster care youth are connected to applicable and 

6 available student support services, programs, and 

7 community resources in areas such as financial aid, 

8 academic advising, housing, food, public benefits, 

9 health care, health insurance, mental health, child 

10 care, transportation benefits, 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 hous18 ing facilities that remain open for occupation during 

19 school breaks or on a year-round basis, to— 

20 ‘‘(A) homeless individuals described in sec21 tion 725 of the McKinney-Vento Homeless Assist22 ance Act (42 U.S.C. 11434a); 

23 ‘‘(B) youth who are unaccompanied, at risk 

24 of homelessness, and self-supporting; and 

25 ‘‘(C) foster care youth; 

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1 ‘‘(4) have developed a plan for how such homeless 

2 individuals, youth who are unaccompanied, at risk of 

3 homelessness, and self-supporting, and foster care 

4 youth can access housing resources during and be5 tween academic terms, through means that may in6 clude access to institutionally owned or operated 

7 housing during breaks and a list of housing resources 

8 in the community that provide short-term housing; 

9 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 prior 

24 to the beginning of the next academic 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.—In 

2 the case of institutions not using the online 

3 counseling tool described in subsection (n)(1)(B), 

4 the Secretary shall require such institutions to 

5 carry out the requirements of subparagraph (A) 

6 through the use of interactive programs, during 

7 an annual counseling session that is in-person or 

8 online, that tests the individual’s understanding 

9 of the terms and conditions of the loan awarded 

10 to the individual, using simple and understand11 able language and clear formatting. 

12 ‘‘(2) ALL INDIVIDUALS.—The information to be 

13 provided under paragraph (1)(A) to each individual 

14 receiving counseling under this subsection shall in15 clude the following: 

16 ‘‘(A) An explanation of how the individual 

17 may budget for typical educational expenses and 

18 a sample budget based on the cost of attendance 

19 for the institution. 

20 ‘‘(B) An explanation that an individual has 

21 a right to annually request a disclosure of infor22 mation collected by a consumer reporting agency 

23 pursuant to section 612(a) of the Fair Credit Re24 porting 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 Fi3 nancial Protection Bureau. 

4 ‘‘(D) An explanation of how the student 

5 may seek additional financial assistance from 

6 the institution’s financial aid office due to a 

7 change in the student’s financial circumstances, 

8 and the contact information for such office. 

9 ‘‘(3) BORROWERS RECEIVING LOANS MADE

10 UNDER PART D (OTHER THAN PARENT PLUS

11 LOANS).—The information to be provided under para12 graph (1)(A) to a borrower of a loan made under part 

13 D (other than a Federal Direct PLUS Loan made on 

14 behalf of a dependent student) shall include the fol15 lowing: 

16 ‘‘(A) A notification that some students may 

17 qualify for other financial aid and an expla18 nation that the borrower should consider accept19 ing any grant, scholarship, or State or Federal 

20 work-study jobs for which the borrower is eligible 

21 prior to accepting student loans. 

22 ‘‘(B) To the extent practicable, the effect of 

23 accepting the loan to be disbursed on the eligi24 bility of the borrower for other forms of student 

25 financial assistance. 

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1 ‘‘(C) An explanation of the use of the stu2 dent loan contract referred to in section 

3 432(m)(1)(D). 

4 ‘‘(D) An explanation that the borrower is 

5 not required to accept the full amount of the loan 

6 offered to the borrower. 

7 ‘‘(E) An explanation of the approved edu8 cational expenses for which the borrower may use 

9 a loan made under part D. 

10 ‘‘(F) A recommendation to the borrower to 

11 exhaust the borrower’s Federal student loan op12 tions prior to taking out private education loans, 

13 an explanation that Federal student loans typi14 cally offer better terms and conditions than pri15 vate education loans, an explanation that Fed16 eral student loans offer consumer protections 

17 typically not available in the private education 

18 loan market, an explanation of treatment of 

19 loans made under part D and private education 

20 loans in bankruptcy, and an explanation that if 

21 a borrower decides to take out a private edu22 cation loan— 

23 ‘‘(i) the borrower has the ability to se24 lect a private educational lender of the bor25 rower’s choice; 

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1 ‘‘(ii) the proposed private education 

2 loan may impact the borrower’s potential 

3 eligibility for other financial assistance, in4 cluding Federal financial assistance under 

5 this title; and 

6 ‘‘(iii) the borrower has a right— 

7 ‘‘(I) to accept the terms of the pri8 vate education loan within 30 calendar 

9 days following the date on which the 

10 application for such loan is approved 

11 and the borrower receives the required 

12 disclosure documents, pursuant to sec13 tion 128(e) of the Truth in Lending 

14 Act (15 U.S.C. 1638(e)); and 

15 ‘‘(II) to cancel such loan within 3 

16 business days of the date on which the 

17 loan is consummated, pursuant to sec18 tion 128(e)(7) of such Act (15 U.S.C. 

19 1638(e)(7)). 

20 ‘‘(G) The interest rate for the loan, as of the 

21 date of the counseling. 

22 ‘‘(H) Information on how interest accrues 

23 and is capitalized during periods when the inter24 est is not paid by either the borrower or the Sec25 retary. 

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1 ‘‘(I) In the case of a Federal Direct PLUS 

2 Loan or a Federal Direct Unsubsidized Stafford 

3 Loan, the option of the borrower to pay the in4 terest while the borrower is in school. 

5 ‘‘(J) The definition of half-time enrollment 

6 at the institution, during regular terms and 

7 summer school, if applicable, and the con8 sequences of not maintaining at least half-time 

9 enrollment. 

10 ‘‘(K) An explanation of the importance of 

11 contacting the appropriate offices at the institu12 tion of higher education if the borrower with13 draws prior to completing the borrower’s pro14 gram of study so that the institution can provide 

15 exit counseling, including information regarding 

16 the borrower’s repayment options and loan con17 solidation. 

18 ‘‘(L) The obligation of the borrower to repay 

19 the full amount of the loan, regardless of whether 

20 the borrower completes or does not complete the 

21 program in which the borrower is enrolled with22 in the regular time for program completion. 

23 ‘‘(M) The likely consequences of default on 

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1 quent debt collection procedures under Federal 

2 law, and litigation. 

3 ‘‘(N) Notice of the institution’s most recent 

4 adjusted cohort default rate (calculated in ac5 cordance with section 435(m)(1)(D)), an expla6 nation of the adjusted cohort default rate, the 

7 most recent national average adjusted cohort de8 fault rate, and the most recent national average 

9 adjusted cohort default rate for the category of 

10 institution described in section 435(m)(4) to 

11 which the institution belongs. 

12 ‘‘(O) Information on the National Student 

13 Loan Data System and how the borrower can 

14 access the borrower’s records. 

15 ‘‘(P) The contact information for the insti16 tution’s financial aid office or other appropriate 

17 office at the institution the borrower may contact 

18 if the borrower has any questions about the bor19 rower’s rights and responsibilities or the terms 

20 and conditions of the loan. 

21 ‘‘(Q) For a first-time borrower, in addition 

22 to all the information described in subpara23 graphs (A) through (P)— 

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1 ‘‘(i) a statement of the anticipated bal2 ance on the loan for which the borrower is 

3 receiving counseling under this subsection; 

4 ‘‘(ii) based on such anticipated bal5 ance, the anticipated monthly payment 

6 amount under, at minimum— 

7 ‘‘(I) the fixed repayment plan de8 scribed in section 493E; and 

9 ‘‘(II) the income-based repayment 

10 plan under section 493C(f), as deter11 mined using regionally available data 

12 from the Bureau of Labor Statistics of 

13 the average starting salary for the oc14 cupation in which the borrower has an 

15 interest in or intends to be employed; 

16 ‘‘(iii) an estimate of the projected 

17 monthly payment amount under each re18 payment plan described in clause (ii), based 

19 on the average cumulative indebtedness at 

20 graduation for borrowers of loans made 

21 under part D who are in the same program 

22 of study as the borrower and the expected 

23 increase in the cost of attendance of such 

24 program; and 

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1 ‘‘(iv) information on the annual and 

2 aggregate loan limits for Federal Direct 

3 Stafford Loans and Federal Direct Unsub4 sidized Stafford Loans as it pertains to the 

5 loan for which the borrower is receiving 

6 counseling, and a statement that such ag7 gregate borrowing limit may change based 

8 on the borrower’s student status (whether 

9 undergraduate or graduate) or if there is a 

10 change in the borrower’s dependency status. 

11 ‘‘(R) For a borrower with an outstanding 

12 balance of principal or interest due on a loan 

13 made under this title, in addition to all the in14 formation described in subparagraphs (A) 

15 through (P)— 

16 ‘‘(i) information on each student loan 

17 that the institution is aware that the stu18 dent has borrowed, including Federal loans, 

19 private loans, and loans from the institu20 tion; 

21 ‘‘(ii) the total amount of the out22 standing balance and interest accrued from 

23 the Federal student loans described in 

24 clause (i); 

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1 ‘‘(iii) for each Federal loan described 

2 in clause (i), the interest rate for the loan, 

3 as of the date of the counseling, and a state4 ment that the interest rate on student loans 

5 may vary based on when the loan was bor6 rowed and other factors; 

7 ‘‘(iv) based on such outstanding bal8 ance for the Federal student loans, the an9 ticipated monthly payment amount under 

10 the fixed repayment plan described in sec11 tion 493E, the income-based repayment 

12 plan under section 493C(f), and any other 

13 repayment plan for which each loan may be 

14 eligible, calculated using regionally avail15 able data from the Bureau of Labor Statis16 tics of the average starting salary for the oc17 cupation the borrower intends to be em18 ployed; 

19 ‘‘(v) an estimate of the projected 

20 monthly payment amount under each re21 payment plan described in clause (iv), 

22 based on— 

23 ‘‘(I) the outstanding balance de24 scribed in clause (ii); 

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1 ‘‘(II) the anticipated outstanding 

2 balance on the loan for which the stu3 dent is receiving counseling under this 

4 subsection; and 

5 ‘‘(III) a projection for any other 

6 loans made under part D that the bor7 rower is reasonably expected to accept 

8 during the borrower’s program of study 

9 based on at least the average cumu10 lative indebtedness at graduation for 

11 borrowers of loans made under part D 

12 who are in the same program of study 

13 as the borrower and the expected in14 crease in the cost of attendance of such 

15 program; 

16 ‘‘(vi) a statement that the outstanding 

17 balance described in clause (ii), the interest 

18 rate described in clause (iii), and the 

19 monthly amount described in clause (iv) 

20 and clause (v) does not include any 

21 amounts that the student may be required 

22 to repay for private or institutional loans; 

23 and 

24 ‘‘(vii) the percentage of the total aggre25 gate borrowing limit that the student has 

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1 reached, as of the date of the counseling, for 

2 Federal Direct Stafford Loans and Federal 

3 Direct Unsubsidized Stafford Loans, and a 

4 statement that such aggregate borrowing 

5 limit may change based on the borrower’s 

6 student status (whether undergraduate or 

7 graduate) or if there is a change in the bor8 rower’s dependency status. 

9 ‘‘(4) BORROWERS RECEIVING PARENT PLUS

10 LOANS FOR DEPENDENT STUDENTS.—The information 

11 to be provided under paragraph (1)(A) to a borrower 

12 of a Federal Direct PLUS Loan made on behalf of a 

13 dependent student shall include the following: 

14 ‘‘(A) A notification that some students may 

15 qualify for other financial aid and an expla16 nation that the student for whom the borrower is 

17 taking out the loan should consider accepting 

18 any grant, scholarship, or State or Federal work19 study jobs for which the borrower is eligible prior 

20 to borrowing Parent PLUS Loans. 

21 ‘‘(B) The information described in subpara22 graphs (B) through (D) and (L) through (O) of 

23 paragraph (3). 

24 ‘‘(C) The interest rate for the loan, as of the 

25 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 which 

13 the borrower is receiving counseling under this 

14 subsection, the contact information for the loan 

15 servicer of the loan and a link to such servicer’s 

16 website. 

17 ‘‘(H) For a first-time borrower of such 

18 loan— 

19 ‘‘(i) a statement of the anticipated bal20 ance on the loan for which the borrower is 

21 receiving counseling under this subsection; 

22 ‘‘(ii) based on such anticipated bal23 ance, the anticipated monthly payment 

24 amount under the fixed repayment plan de25 scribed in section 493E, the income-based 

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1 repayment plan under section 493C(f), and 

2 any other repayment plan for which each 

3 loan may be eligible; and 

4 ‘‘(iii) an estimate of the projected 

5 monthly payment amount under the fixed 

6 repayment plan described in section 493E, 

7 the income-based repayment plan under sec8 tion 493C(f), and any other repayment plan 

9 for which each loan may be eligible, based 

10 on the average cumulative indebtedness of 

11 other borrowers of Federal Direct PLUS 

12 Loans made on behalf of dependent students 

13 who are in the same program of study as 

14 the student on whose behalf the borrower 

15 borrowed the loan and the expected increase 

16 in the cost of attendance of such program. 

17 ‘‘(I) For a borrower with an outstanding 

18 balance of principal or interest due on such 

19 loan— 

20 ‘‘(i) a statement of the amount of such 

21 outstanding balance; 

22 ‘‘(ii) based on such outstanding bal23 ance, the anticipated monthly payment 

24 amount under the fixed repayment plan de25 scribed in section 493E, the income-based 

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1 repayment plan under section 493C(f), and 

2 any other repayment plan for which each 

3 loan may be eligible; and 

4 ‘‘(iii) an estimate of the projected 

5 monthly payment amount under the fixed 

6 and income-based repayment plans, based 

7 on— 

8 ‘‘(I) the anticipated outstanding 

9 balance on the loan for which the bor10 rower is receiving counseling under 

11 this subsection; and 

12 ‘‘(II) a projection for any other 

13 Federal Direct PLUS Loan made on 

14 behalf of the dependent student that the 

15 borrower is reasonably expected to ac16 cept during the program of study of 

17 such student based on at least the aver18 age cumulative indebtedness of other 

19 borrowers of Federal Direct PLUS 

20 Loans made on behalf of dependent 

21 students who are in the same program 

22 of study as the student on whose behalf 

23 the borrower borrowed the loan and the 

24 expected increase in the cost of attend25 ance of such program. 

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1 ‘‘(5) ANNUAL LOAN ACCEPTANCE.—Prior to mak2 ing the first disbursement of a loan made under part 

3 D (other than a Federal Direct Consolidation Loan or 

4 a loan made under section 460A and 460B) to a bor5 rower for an award year, an eligible institution, 

6 shall, as part of carrying out the counseling require7 ments of this subsection for the loan, ensure that after 

8 receiving the applicable counseling under paragraphs 

9 (2), (3), and (4) for the loan the borrower accepts the 

10 loan for such award year by— 

11 ‘‘(A) signing and returning to the institu12 tion the student loan contract for the loan re13 ferred to in section 432(m)(1)(D) that affirma14 tively states that the borrower accepts the loan; 

15 or 

16 ‘‘(B) electronically signing an electronic 

17 version of the student loan contract described in 

18 subparagraph (A). 

19 ‘‘(6) RULE OF CONSTRUCTION.—Nothing in this 

20 section shall be construed to prohibit an eligible insti21 tution from providing additional information and 

22 counseling services to recipients of Federal student 

23 aid under this title, provided that any additional in24 formation and counseling services for recipients of 

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1 Federal student aid shall not preclude or be consid2 ered a condition for disbursement of such aid.’’. 

3 (d) ONLINE COUNSELING TOOLS.—Section 485 of the 

4 Higher Education Act of 1965 (20 U.S.C. 1092), as amend5 ed by this section, is further amended by adding at the end 

6 the following: 

7 ‘‘(n) ONLINE COUNSELING TOOLS.— 

8 ‘‘(1) IN GENERAL.—Beginning not later than 18 

9 months after the date of enactment of the College Af10 fordability Act, the Secretary shall maintain— 

11 ‘‘(A) an online counseling tool that provides 

12 the exit counseling required under subsection (b) 

13 and meets the applicable requirements of this 

14 subsection; and 

15 ‘‘(B) an online counseling tool that provides 

16 the annual counseling required under subsection 

17 (l) and meets the applicable requirements of this 

18 subsection. 

19 ‘‘(2) REQUIREMENTS OF TOOLS.—In developing 

20 and maintaining the online counseling tools described 

21 in paragraph (1), the Secretary shall ensure that each 

22 such tool is— 

23 ‘‘(A) consumer tested, in consultation with 

24 other relevant Federal agencies and including 

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1 erans, and students’ families) and borrowers, in2 stitutions of higher education, secondary school 

3 and postsecondary counselors, and nonprofit con4 sumer groups, to ensure that the tool is effective 

5 in helping individuals understand their options, 

6 rights, and obligations with respect to borrowing 

7 a loan made under part D; and 

8 ‘‘(B) freely available to all eligible institu9 tions. 

10 ‘‘(3) RECORD OF COUNSELING COMPLETION.— 

11 The Secretary shall— 

12 ‘‘(A) use each online counseling tool de13 scribed in paragraph (1) to keep a record of 

14 which individuals have received counseling using 

15 the tool, and notify the applicable institutions of 

16 the individual’s completion of such counseling; 

17 ‘‘(B) in the case of a borrower who receives 

18 annual counseling for a loan made under part D 

19 using the tool described in paragraph (1)(B), no20 tify the borrower by when the borrower should 

21 accept, in a manner described in subsection 

22 (l)(5), the loan for which the borrower has re23 ceived such counseling; and 

24 ‘‘(C) in the case of a borrower described in 

25 subsection (b)(1)(B) at an institution that uses 

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1 the online counseling tool described in paragraph 

2 (1)(A) of this subsection, the Secretary shall at3 tempt to provide the information described in 

4 subsection (b)(1)(A) to the borrower through such 

5 tool.’’. 

6 (e) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO

7 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 

8 Section 485 of the Higher Education Act of 1965 (20 U.S.C. 

9 1092), as amended by this section, is further amended by 

10 adding at the end the following: 

11 ‘‘(o) DISCLOSURE OF RELIGIOUS EXEMPTIONS TO

12 TITLE IX OF THE EDUCATION AMENDMENTS OF 1972.— 

13 Each institution of higher education participating in any 

14 program under this title that requests, receives, or exercises 

15 or intends to exercise a religious exemption to the require16 ments of title IX of the Education Amendments of 1972 (20 

17 U.S.C. 1681 et seq.) shall submit in writing to the Assistant 

18 Secretary for Civil Rights a statement by the highest rank19 ing official of the institution, identifying the provisions of 

20 part 106 of title 34 of the Code of Federal Regulations that 

21 conflict with a specific tenet of the religious organization 

22 and shall publish on its website, in a prominent location, 

23 the following: 

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1 ‘‘(1) REQUEST LETTER.—Each letter submitted 

2 by the educational institution to the Department to 

3 request such an exemption. 

4 ‘‘(2) EXEMPTION LETTER.—Each letter from the 

5 Department to the educational institution that grants 

6 or denies such an exemption. 

7 ‘‘(3) NOTICE OF REQUEST.—Notice that the edu8 cational institution has requested an exemption under 

9 section 901(a)(3) of the Education Amendments of 

10 1972 (20 U.S.C. 1681(a)(3)). 

11 ‘‘(4) NOTICE OF EXEMPTION.—If applicable, no12 tice that the educational institution has received an 

13 exemption under section 901(a)(3) of the Education 

14 Amendments of 1972 (20 U.S.C. 1681(a)(3)). 

15 ‘‘(5) COVERED PERSONAL CHARACTERISTICS OR

16 BEHAVIORS.—A list of the personal characteristics or 

17 behaviors to which each requested or granted exemp18 tion applies. 

19 ‘‘(6) COVERED ACTIVITIES OR PROGRAMS.—A 

20 list of the activities or programs to which each exemp21 tion applies. 

22 ‘‘(7) STATEMENT OF RIGHTS.—The statement 

23 ‘Students continue to have rights under title IX of the 

24 Education Amendments of 1972. Any student who ex25 periences discrimination may contact the Office for 

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1 Civil Rights at the United States Department of Edu2 cation at lllll or lllll.’, with the first 

3 blank space being filled with a link to the website of 

4 the Office for Civil Rights and the second blank space 

5 being filled with the telephone number of the Office for 

6 Civil Rights.’’. 

7 (f) EXPECTANT AND PARENTING STUDENTS POLI8 CIES.—Section 485 of the Higher Education Act of 1965 

9 (20 18 U.S.C. 1092), as amended by this section, is further 

10 amended by adding at the end the following: 

11 ‘‘(p) EXPECTANT AND PARENTING STUDENTS POLI12 CIES.—Each institution of higher education participating 

13 in any program under this title shall develop and make 

14 available, including on the institution’s website, a state15 ment of policy concerning expectant and parenting stu16 dents, which shall include, at a minimum— 

17 ‘‘(1) the institution’s policy regarding leaves of 

18 absence related to pregnancy (and related medical 

19 conditions), and the birth or adoption of a child, 

20 which shall include— 

21 ‘‘(A) any policies related to the availability 

22 of parental leave; and 

23 ‘‘(B) options, including time requirements, 

24 for making up missed work for students who take 

25 a leave of absence; 

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1 ‘‘(2) information regarding lactation accom2 modations available to students; 

3 ‘‘(3) a description of the process for requesting 

4 accommodations, and the type of accommodations 

5 available to expectant and parenting students, includ6 ing— 

7 ‘‘(A) information on accommodations for 

8 pregnancy-related medical conditions; and 

9 ‘‘(B) information on accommodations for 

10 students who have parental responsibilities; 

11 ‘‘(4) information regarding financial aid eligi12 bility for expectant and parenting students, includ13 ing— 

14 ‘‘(A) the availability of dependent care al15 lowances for a parenting student for the purposes 

16 of determining the student’s cost of attendance; 

17 ‘‘(B) the ability to change dependency sta18 tus, including during an award year, following 

19 the birth of a child; 

20 ‘‘(C) the availability of and eligibility re21 quirements for any emergency financial aid pro22 grams provided by the institution; and 

23 ‘‘(D) an explanation of the effect that a 

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1 cluding for the purposes of eligibility to partici2 pate in financial aid programs under this title; 

3 ‘‘(5) information on available student support 

4 services, programs, and community resources, such as 

5 academic advising, child care (including child care 

6 subsidy and assistance programs), housing (including 

7 housing subsidies and utility assistance programs), 

8 food (including food assistance programs), public ben9 efits, health care, health insurance, mental health, 

10 transportation benefits, mentoring, and other services 

11 available for expectant and parenting students, both 

12 on-campus and in the community, and under local, 

13 State, and Federal law; 

14 ‘‘(6) information regarding the availability of 

15 on-campus housing that permits students to live with 

16 dependents; 

17 ‘‘(7) information on the rights and protections 

18 that are guaranteed to expectant and parenting stu19 dents under applicable Federal and State laws; 

20 ‘‘(8) the institution’s procedures for addressing 

21 complaints under title IX of the Education Amend22 ments of 1972 (20 U.S.C. 1681 et seq.), including pro23 cedures for reporting complaints under such title; 

24 ‘‘(9) the institution’s procedures for addressing 

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1 nancy-related disability under section 504 of the Re2 habilitation Act of 1973 (29 U.S.C. 701 et seq.) or the 

3 Americans with Disabilities Act of 1990 (42 U.S.C. 

4 12101 et seq.), including procedures for reporting 

5 complaints under such laws; and 

6 ‘‘(10) the contact information for the institu7 tion’s Office of Accessibility, the institution’s Title IX 

8 coordinator, and any other relevant staff members 

9 who serve as a point of contact for, or offer services 

10 available to, expectant and parenting students.’’. 

11 SEC. 4612. PREVENTION OF IMPROPER ACCESS. 

12 Section 485B of the Higher Education Act of 1965 (20 

13 U.S.C. 1092b) is amended— 

14 (1) by redesignating subsections (e) through (h) 

15 as subsections (f) through (i), respectively; 

16 (2) in subsection (d)— 

17 (A) in paragraph (5)(C), by striking ‘‘and’’ 

18 after the semicolon; 

19 (B) in paragraph (6)(C), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(7) preventing access to the data system and 

23 any other system used to administer a program under 

24 this title by any person or entity for the purpose of 

25 assisting a student in managing loan repayment or 

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1 applying for any repayment plan, consolidation loan, 

2 or other benefit authorized by this title, unless such 

3 access meets the requirements described in subsection 

4 (e).’’; 

5 (3) by inserting after subsection (d) the fol6 lowing: 

7 ‘‘(e) REQUIREMENTS FOR THIRD-PARTY DATA SYSTEM

8 ACCESS.— 

9 ‘‘(1) IN GENERAL.—As provided in paragraph 

10 (7) of subsection (d), an authorized person or entity 

11 described in paragraph (2) may access the data sys12 tem and any other system used to administer a pro13 gram under this title if that access— 

14 ‘‘(A) is in compliance with terms of service, 

15 information security standards, and a code of 

16 conduct which shall be established by the Sec17 retary and published in the Federal Register; 

18 ‘‘(B) is obtained using an access device (as 

19 defined in section 1029(e)(1) of title 18, United 

20 States Code) issued by the Secretary to the au21 thorized person or entity; and 

22 ‘‘(C) is obtained without using any access 

23 device (as defined in section 1029(e)(1) of title 

24 18, United States Code) issued by the Secretary 

25 to a student, borrower, or parent. 

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1 ‘‘(2) AUTHORIZED PERSON OR ENTITY.—An au2 thorized person or entity described in this paragraph 

3 means— 

4 ‘‘(A) a guaranty agency, eligible lender, or 

5 eligible institution, or a third-party organization 

6 acting on behalf of a guaranty agency, eligible 

7 lender, or eligible institution, that is in compli8 ance with applicable Federal law (including reg9 ulations and guidance); or 

10 ‘‘(B) a licensed attorney representing a stu11 dent, borrower, or parent, or another individual 

12 who works for a Federal, State, local, or Tribal 

13 government or agency, or for a nonprofit organi14 zation, providing financial or student loan re15 payment counseling to a student, borrower, or 

16 parent, if— 

17 ‘‘(i) that attorney or other individual 

18 has never engaged in unfair, deceptive, or 

19 abusive practices, as determined by the Sec20 retary; 

21 ‘‘(ii) that attorney or other individual 

22 does not work for an entity that has en23 gaged in unfair, deceptive, or abusive prac24 tices (including an entity that is owned or 

25 operated by a person or entity that engaged 

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1 in such practices), as determined by the 

2 Secretary; 

3 ‘‘(iii) system access is provided only 

4 through a separate point of entry; and 

5 ‘‘(iv) the attorney or other individual 

6 has consent from the relevant student, bor7 rower, or parent to access the system.’’; and 

8 (4) in subsection (f)(1), as redesignated by para9 graph (1)— 

10 (A) in subparagraph (A), by striking ‘‘stu11 dent and parent’’ and inserting ‘‘student, bor12 rower, and parent’’; 

13 (B) by redesignating subparagraphs (C) 

14 and (D) as subparagraphs (D) and (E), respec15 tively; 

16 (C) by inserting after subparagraph (B) the 

17 following: 

18 ‘‘(C) the reduction in improper data system 

19 access as described in subsection (d)(7);’’; and 

20 (D) by striking subparagraph (E), as redes21 ignated by subparagraph (B), and inserting the 

22 following: 

23 ‘‘(E) any protocols, codes of conduct, terms 

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1 veloped under paragraphs (6) or (7) of sub2 section (d) during the preceding fiscal year.’’. 

3 SEC. 4613. INFORMATION WITH RESPECT TO CRIME STATIS4 TICS FOR PROGRAMS OF STUDY ABROAD. 

5 Part G of title IV of the Higher Education Act of 1965 

6 (20 U.S.C. 1088 et seq.), as amended by the preceding sec7 tions, is further amended by inserting after section 485E 

8 (20 U.S.C. 1092f) the following: 

9 ‘‘SEC. 485F. INFORMATION WITH RESPECT TO CRIME STA10 TISTICS FOR PROGRAMS OF STUDY ABROAD. 

11 ‘‘(a) IN GENERAL.—Each institution participating in 

12 any program under this title, other than a foreign institu13 tion of higher education, shall develop and distribute a 

14 statement of policy with respect to students participating 

15 in a program of study abroad approved for credit by the 

16 institution concerning crime and harm that may occur 

17 while participating in such program of study abroad that, 

18 at a minimum, includes a biennial review by the institu19 tion of the programs of study abroad approved for credit 

20 by the institution to determine— 

21 ‘‘(1) the effectiveness of the programs at pro22 tecting students from crime and harm, and whether 

23 changes to the programs are needed (based on the 

24 most recent guidance or other assistance from the Sec25 retary) and will be implemented; 

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1 ‘‘(2) for the 5 years preceding the date of the re2 port, the number (in the aggregate for all programs 

3 of study abroad approved for credit by the institu4 tion) of— 

5 ‘‘(A) deaths of program participants occur6 ring during program participation or during 

7 any other activities during the study abroad pe8 riod; 

9 ‘‘(B) sexual assaults against program par10 ticipants occurring during program participa11 tion and reported to the institution; 

12 ‘‘(C) accidents and illnesses occurring dur13 ing program participation that resulted in hos14 pitalization and were reported to the institution; 

15 and 

16 ‘‘(D) incidents involving program partici17 pants during the program participation that re18 sulted in police involvement or a police report 

19 and were reported to the institution; and 

20 ‘‘(3) with respect to the incidents described in 

21 subparagraphs (A) and (B) of paragraph (2), whether 

22 the incidents occurred— 

23 ‘‘(A) on campus; 

24 ‘‘(B) in or on noncampus buildings or 

25 property; 

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1 ‘‘(C) on public property; 

2 ‘‘(D) in dormitories or other residential fa3 cilities for students on campus; or 

4 ‘‘(E) at a location not described in items 

5 (A) through (D) of this clause, without regard to 

6 whether the institution owns or controls a build7 ing or property at the location. 

8 ‘‘(b) OTHER DUTIES.—An institution of higher edu9 cation described in subsection (a) shall— 

10 ‘‘(1) provide each student who is interested in 

11 participating in a program of study abroad approved 

12 for credit by the institution, with an orientation ses13 sion and advising that includes— 

14 ‘‘(A) a list of countries in which such pro15 grams of study abroad are located; 

16 ‘‘(B) all current travel information, includ17 ing all travel warnings and travel alerts, issued 

18 by the Bureau of Consular Affairs of the Depart19 ment of State for such countries; and 

20 ‘‘(C) the information described in para21 graph (a), provided specifically for each program 

22 of study abroad approved for credit by the insti23 tution in which the student is considering par24 ticipation; and 

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1 ‘‘(2) provide each student who returns from such 

2 a program of study abroad with a post-trip debriefing 

3 session, including an exit interview that assists the 

4 institution in carrying out subsection (a). 

5 ‘‘(c) LIMITATIONS.—An institution of higher education 

6 shall not disaggregate or otherwise distinguish information 

7 for purposes of subsection (a) or (b) in a case in which the 

8 number of students in a category is insufficient to yield 

9 statistically reliable information or the results would reveal 

10 personally identifiable information about an individual 

11 student. 

12 ‘‘(d) REVIEW.—The Secretary shall periodically review 

13 a representative sample of the policies described in sub14 section (a) that have been adopted by institutions of higher 

15 education. 

16 ‘‘(e) DEFINITION.—For the purpose of this section, the 

17 definitions for ‘campus’, ‘noncampus building or property’, 

18 and ‘public property’ shall have the same meaning as in 

19 section 485(f)(6).’’. 

20 SEC. 4614. REMEDIAL EDUCATION GRANTS. 

21 Part G of title IV of the Higher Education Act of 1965 

22 (20 U.S.C. 1088 et seq.), as amended by the preceding sec23 tions, is further amended by inserting after section 486A 

24 (20 U.S.C. 1093a) the following: 

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1 ‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 

2 ‘‘(a) GRANTS AUTHORIZED.— 

3 ‘‘(1) IN GENERAL.—From the funds appro4 priated under subsection (k) (and not reserved under 

5 subsection (c)(4)), the Secretary, in consultation with 

6 the Director of the Institute of Education Sciences, 

7 shall award grants, on a competitive basis, to eligible 

8 entities to improve remedial education in higher edu9 cation. 

10 ‘‘(2) DURATION.—A grant under this section 

11 shall be awarded for a period of 5 years. 

12 ‘‘(3) MINIMUM AWARDS.—The total amount of 

13 funds provided under each grant awarded under this 

14 section shall not be less than $500,000. 

15 ‘‘(b) APPLICATION.—An eligible entity that desires to 

16 receive a grant under this section shall submit an applica17 tion to the Secretary at such time, in such manner, and 

18 accompanied by such information as the Secretary may re19 quire, which shall include the following: 

20 ‘‘(1) A description of how the eligible entity will 

21 use the grant funds to develop or improve a remedial 

22 education program that includes evidence-based, effec23 tive strategies for providing instruction to ensure that 

24 students are prepared for courses at the postsecondary 

25 level. 

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1 ‘‘(2) An assurance that the eligible entity will 

2 use more than two measures (such as a student’s col3 lege entrance examination score, grade point average, 

4 high school course list, or a placement examination) 

5 to identify students in need of remedial education 

6 who may be eligible to participate in the remedial 

7 education program developed or improved under the 

8 grant. 

9 ‘‘(3) A description of how the eligible entity, in 

10 developing or improving such a program, will consult 

11 with stakeholders, including individuals with exper12 tise in remedial education, students enrolled in reme13 dial education, and faculty instructors for remedial 

14 education. 

15 ‘‘(4) The eligible entity’s plan for sustaining the 

16 program after the grant period has ended. 

17 ‘‘(5) The eligible entity’s plan for monitoring 

18 and evaluating the program, including how the eligi19 ble entity will use the data collected under subsection 

20 (h) to continually update and improve the program. 

21 ‘‘(c) CONSULTATION AND INDEPENDENT EVALUA22 TION.— 

23 ‘‘(1) IN GENERAL.—Before selecting eligible enti24 ties to receive grants under this section for a fiscal 

25 year, the Secretary shall— 

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1 ‘‘(A) ensure that the consultation required 

2 under paragraph (3) is carried out; and 

3 ‘‘(B) consider the results of the consultation 

4 in selecting eligible entities to receive such 

5 grants. 

6 ‘‘(2) CONTRACT AUTHORITY.—The Secretary, 

7 acting through the Director, shall seek to enter into a 

8 contract with an independent evaluator under which 

9 the evaluator will provide the consultation and eval10 uation required under paragraph (3). 

11 ‘‘(3) CONSULTATION AND INDEPENDENT EVALUA12 TION REQUIRED.—The independent evaluator shall 

13 carry out the following activities: 

14 ‘‘(A) CONSULTATION.—For each fiscal year 

15 of the grant program under this section, the 

16 independent evaluator shall consult with, and 

17 provide advice to, the Secretary regarding which 

18 eligible entities should receive grants under this 

19 section for such fiscal year. 

20 ‘‘(B) EVALUATION.—Throughout the dura21 tion of the grant program under this section, the 

22 independent evaluator shall independently evalu23 ate the impact of the remedial education pro24 grams funded with the grants, which shall in25 clude evaluation of— 

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1 ‘‘(i) the effectiveness of the remedial 

2 education programs in increasing course 

3 and degree completion at the postsecondary 

4 level; and 

5 ‘‘(ii) the outcomes of the remedial edu6 cation programs within and among models 

7 of remedial education described in sub8 section (d). 

9 ‘‘(4) RESERVATION.—The Secretary may reserve 

10 not more than 15 percent of the funds appropriated 

11 under subsection (k) for a fiscal year to carry out this 

12 subsection for such fiscal year. 

13 ‘‘(d) USE OF FUNDS.—An eligible entity that receives 

14 a grant under this section shall use the grant to develop 

15 or improve a remedial education program through one or 

16 more of the following models: 

17 ‘‘(1) ALIGNING COURSE WORK.—Working with a 

18 local educational agency or State educational agency 

19 that is part of the eligible entity to develop or im20 prove programs that provide alignment between high 

21 school coursework and postsecondary education, and 

22 that may include— 

23 ‘‘(A) assessments in high school to measure 

24 student readiness for courses at the postsec25 ondary level; or 

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1 ‘‘(B) interventions in high school that im2 prove student competencies for courses at the 

3 postsecondary level. 

4 ‘‘(2) ACCELERATED COURSE WORK.—Rede5 signing or improving remedial education that— 

6 ‘‘(A) allows students to enroll in more than 

7 one sequential remedial education course or 

8 training in a semester, or the equivalent; 

9 ‘‘(B) condenses the time of the remedial edu10 cation; or 

11 ‘‘(C) provides shortened, intensive courses or 

12 training to improve competencies of students for 

13 courses at the postsecondary level. 

14 ‘‘(3) MODULAR INSTRUCTIONAL METHODS.—De15 veloping or improving remedial education that— 

16 ‘‘(A) specifically targets the skills that stu17 dents need to move forward in courses at the 

18 postsecondary level; and 

19 ‘‘(B) may be used to develop new assess20 ments, redesign courses to provide targeted skill 

21 instruction, or provide faculty professional devel22 opment. 

23 ‘‘(4) CO-REQUISITE MODEL.—Developing or im24 proving remedial education programs that allow a 

25 student to enroll in remedial education (which may 

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1 be provided through a modular instructional method) 

2 while also enrolled in a course at the postsecondary 

3 level. 

4 ‘‘(5) SYSTEMIC REFORM TO IMPLEMENT COM5 PREHENSIVE, INTEGRATED SUPPORT PROGRAMS.— 

6 Implementing and improving comprehensive, inte7 grated, evidence-based support programs that— 

8 ‘‘(A) enable students enrolled in remedial 

9 education to complete a course of study leading 

10 to a recognized educational credential within 

11 150 percent of the normal time for completion; 

12 and 

13 ‘‘(B) may include financial supports, aca14 demic tutoring or support, and advising that en15 able students to find success in remedial edu16 cation and courses at the postsecondary level. 

17 ‘‘(e) CONSIDERATIONS.—In awarding grants under 

18 this section, the Secretary, in consultation with the Direc19 tor, shall— 

20 ‘‘(1) ensure— 

21 ‘‘(A) a minimum of 30 eligible entities are 

22 awarded grants for each 5-year grant period; 

23 ‘‘(B) an equitable geographic distribution of 

24 such grants, including an equitable distribution 

25 between urban and rural areas; and 

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1 ‘‘(C) that grants are used to develop or im2 prove remedial education programs— 

3 ‘‘(i) under each model described in sub4 section (d) to enable, to the extent prac5 ticable, statistical comparisons of the rel6 ative effectiveness of the models and the pro7 grams within each model; and 

8 ‘‘(ii) for a range of types and sizes of 

9 institutions of higher education; and 

10 ‘‘(2) give preference to eligible entities that pri11 marily serve low-income students. 

12 ‘‘(f) FISCAL REQUIREMENTS.— 

13 ‘‘(1) SUPPLEMENT NOT SUPPLANT.—A grant 

14 awarded under this section shall be used to supple15 ment, not supplant, funds that would otherwise be 

16 used to carry out the activities described in this sec17 tion. 

18 ‘‘(2) MATCHING FUNDS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), an eligible entity that receives a 

21 grant under this section shall provide, from non22 Federal sources, an amount equal to 10 percent 

23 of the amount of the grant for the cost of activi24 ties assisted under the grant. 

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1 ‘‘(B) EXCEPTIONS.—The requirements of 

2 subparagraph (A) shall not apply to— 

3 ‘‘(i) Tribal Colleges or Universities; or 

4 ‘‘(ii) institutions of higher education 

5 located in the Commonwealth of Puerto 

6 Rico, Guam, American Samoa, the United 

7 States Virgin Islands, the Commonwealth of 

8 the Northern Mariana Islands, the Republic 

9 of the Marshall Islands, the Federated 

10 States of Micronesia, or the Republic of 

11 Palau. 

12 ‘‘(g) EXPERIMENTAL AUTHORITY.—Notwithstanding 

13 any other provision of this title, a student may be eligible 

14 to receive loans or grants under this title for up to 2 aca15 demic years for enrollment in a remedial education pro16 gram under this section. 

17 ‘‘(h) DATA COLLECTION, REPORTS, EVALUATIONS, AND

18 DISSEMINATION.— 

19 ‘‘(1) INFORMATION.— 

20 ‘‘(A) STUDENT-LEVEL DATA.—Each eligible 

21 entity that receives a grant under this section 

22 shall provide to the Director and the Secretary, 

23 on an annual basis for each year of the grant pe24 riod and for 5 years after such grant period, the 

25 student-level data with respect to the students 

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1 who are or were enrolled in a remedial education 

2 program funded with the grant. The Director 

3 and the Secretary shall share such data with the 

4 independent evaluator to enable the evaluator, 

5 for each such year, to determine the information 

6 described in subparagraph (B) with respect to 

7 each such remedial education program. 

8 ‘‘(B) AGGREGATE STUDENT DATA.—The 

9 independent evaluator shall determine, with re10 spect to each remedial education program for 

11 which an eligible entity provides student-level 

12 data under subparagraph (A), the following in13 formation: 

14 ‘‘(i) The number of students who are or 

15 were enrolled in such remedial education 

16 program. 

17 ‘‘(ii) The cost of such remedial edu18 cation program. 

19 ‘‘(iii) The amount of grant or loan 

20 funds under this title awarded to students 

21 for enrollment in such remedial education 

22 program. 

23 ‘‘(iv) The type of remedial education 

24 offered under the program. 

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1 ‘‘(v) The length of time students spend 

2 in such remedial education program, as 

3 measured by semester, trimester, or clock 

4 hours. 

5 ‘‘(vi) The number of students who com6 plete such remedial education program. 

7 ‘‘(vii) Of the students who complete 

8 such remedial education program— 

9 ‘‘(I) the number and percentage of 

10 such students who later enroll in post11 secondary-level courses at an institu12 tion of higher education; 

13 ‘‘(II) the number and percentage 

14 of such students who receive a recog15 nized educational credential from an 

16 institution of higher education; 

17 ‘‘(III) the average length of time 

18 required for a student described in sub19 clause (II) to complete the course of 

20 study leading to such credential; and 

21 ‘‘(IV) the number and percentage 

22 of students described in subclause (II) 

23 who complete the course of study lead24 ing to such credential within 150 per25 cent of the normal time for completion. 

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1 ‘‘(C) DISAGGREGATION.—The information 

2 determined under subparagraph (B) shall be 

3 disaggregated by race, gender, socioeconomic sta4 tus, Federal Pell Grant eligibility status, status 

5 as a first generation college student, veteran or 

6 active duty status, and disability status. 

7 ‘‘(2) EVALUATION RESULTS.—Not later than six 

8 years after the first grant is awarded under this sec9 tion, the Director, in consultation with the Secretary 

10 and using the information determined under para11 graph (1), shall submit to the authorizing committees 

12 and make available on a publicly accessible website, 

13 a report on the results of the multiyear, rigorous, and 

14 independent evaluation of the impact of the remedial 

15 education programs carried out by the independent 

16 evaluator. The report shall include the results of such 

17 evaluation with respect to— 

18 ‘‘(A) the effectiveness of the remedial edu19 cation programs in increasing course and degree 

20 completion at the postsecondary level; and 

21 ‘‘(B) the outcomes of the remedial education 

22 programs within and among models of remedial 

23 education described in subsection (d). 

24 ‘‘(3) REPORTS AND DISSEMINATION.— 

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1 ‘‘(A) INITIAL REPORT.—Not later than one 

2 year after the first grant is awarded under this 

3 section, the Secretary, in consultation with the 

4 independent evaluator, shall prepare and submit 

5 to the authorizing committees a report on each 

6 remedial education program funded under this 

7 section. 

8 ‘‘(B) SUBSEQUENT REPORT.—Not later 

9 than five years after the last grant is awarded 

10 under this section, the Secretary, in consultation 

11 with the independent evaluator, shall prepare 

12 and submit to the authorizing committees a re13 port that includes— 

14 ‘‘(i) a review of the activities and pro15 gram performance of each remedial edu16 cation program funded under this section; 

17 and 

18 ‘‘(ii) guidance and recommendations 

19 on how successful remedial education pro20 grams (as determined, at a minimum, by 

21 the number and percentage of remedial edu22 cation students who later complete a course 

23 of study at an institution of higher edu24 cation within 150 percent of the normal 

25 time for completion) can be replicated. 

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1 ‘‘(C) PUBLIC AVAILABILITY.—The reports 

2 submitted under subparagraphs (A) and (B) 

3 shall be made available on a publicly accessible 

4 website of the Department of Education. 

5 ‘‘(i) DATA PRIVACY.— 

6 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

7 person who obtains or has access to personally identi8 fiable information pursuant to this section to know9 ingly disclose to any person (except as authorized in 

10 this section or any Federal law) such personally iden11 tifiable information. 

12 ‘‘(2) PENALTY.—Any person who violates para13 graph (1) shall be fined under title 18, United States 

14 Code. 

15 ‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED

16 STATES.—If any officer or employee of the United 

17 States violates paragraph (1), the officer or employee 

18 shall be dismissed from office or discharged from em19 ployment upon conviction for the violation. 

20 ‘‘(4) LAW ENFORCEMENT.—Personally identifi21 able information collected under this section shall not 

22 be used for any law enforcement activity or any other 

23 activity that would result in adverse action against 

24 any student, including debt collection activity or en25 forcement of the immigration laws. 

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1 ‘‘(j) DEFINITIONS.—In this section: 

2 ‘‘(1) DIRECTOR.—The term ‘Director’ means the 

3 Director of the Institute of Education Sciences. 

4 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti5 ty’ means— 

6 ‘‘(A) an institution of higher education; or 

7 ‘‘(B) a partnership between an institution 

8 of higher education and at least 1 of the fol9 lowing: 

10 ‘‘(i) A local educational agency. 

11 ‘‘(ii) A State educational agency. 

12 ‘‘(3) FIRST GENERATION COLLEGE STUDENT.— 

13 The term ‘first generation college student’ has the 

14 meaning given that term in section 402A(h). 

15 ‘‘(4) INDEPENDENT EVALUATOR.—The term 

16 ‘independent evaluator’ means the independent eval17 uator with which the Secretary enters into a contract 

18 under subsection (c)(2). 

19 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘institution of higher education’ has the meaning 

21 given that term in section 101. 

22 ‘‘(6) REMEDIAL EDUCATION.—The term ‘reme23 dial education’— 

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1 ‘‘(A) means education (such as courses or 

2 training) offered at an institution of higher edu3 cation that— 

4 ‘‘(i) is below the postsecondary level; 

5 and 

6 ‘‘(ii) is determined by the institution 

7 to be necessary to help students be prepared 

8 for the pursuit of a first undergraduate bac9 calaureate degree, associate’s degree, or cer10 tificate or, in the case of courses in English 

11 language instruction, to be necessary to en12 able the student to utilize already existing 

13 knowledge, training, or skills; and 

14 ‘‘(B) includes developmental education that 

15 meets the requirements of subparagraph (A). 

16 ‘‘(7) TRIBAL COLLEGE OR UNIVERSITY.—The 

17 term ‘Tribal College or University’ has the meaning 

18 given that term in section 316(b). 

19 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to carry out this section 

21 $162,500,000 for fiscal year 2021 and each of the 5 suc22 ceeding fiscal years.’’. 

23 SEC. 4615. COMPETENCY-BASED EDUCATION. 

24 (a) IN GENERAL.—Part G of title IV of the Higher 

25 Education Act of 1965 (20 U.S.C. 1088 et seq.), as amended 

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1 by the preceding sections, is further amended by inserting 

2 after section 486B (as added by section 4614 of this Act) 

3 the following: 

4 ‘‘SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRA5 TION PROJECTS. 

6 ‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.—The 

7 Secretary shall select, in accordance with subsection (d), eli8 gible entities to voluntarily carry out competency-based 

9 education demonstration projects for a duration of 5 years 

10 and receive waivers or other flexibility described in sub11 section (e) to carry out such projects. 

12 ‘‘(b) APPLICATION.— 

13 ‘‘(1) IN GENERAL.—Each eligible entity desiring 

14 to carry out a demonstration project under this sec15 tion shall submit an application to the Secretary, at 

16 such time and in such manner as the Secretary may 

17 require. 

18 ‘‘(2) OUTREACH.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall, 

20 prior to any deadline to submit applications 

21 under paragraph (1), conduct outreach to insti22 tutions, including those described in subpara23 graph (B), to provide those institutions with in24 formation on the opportunity to apply to carry 

25 out a demonstration project under this section. 

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1 ‘‘(B) INSTITUTIONS.—The institutions de2 scribed in this subparagraph are the following: 

3 ‘‘(i) Part B institutions (as defined in 

4 section 322). 

5 ‘‘(ii) Hispanic-serving institutions (as 

6 defined in section 502). 

7 ‘‘(iii) Tribal Colleges or Universities 

8 (as defined in section 316). 

9 ‘‘(iv) Alaska Native-serving institu10 tions (as defined in section 317(b)). 

11 ‘‘(v) Native Hawaiian-serving institu12 tions (as defined in section 317(b)). 

13 ‘‘(vi) Predominantly Black Institutions 

14 (as defined in section 318). 

15 ‘‘(vii) Asian American and Native 

16 American Pacific Islander-serving institu17 tions (as defined in section 320(b)). 

18 ‘‘(viii) Native American-serving, non19 tribal institutions (as defined in section 

20 319). 

21 ‘‘(ix) Institutions predominately serv22 ing adult learners. 

23 ‘‘(x) Institutions serving students with 

24 disabilities. 

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1 ‘‘(xi) Institutions located in rural 

2 areas. 

3 ‘‘(3) AMENDMENTS.— 

4 ‘‘(A) IN GENERAL.—An eligible entity that 

5 has been selected to carry out a demonstration 

6 project under this section may submit to the Sec7 retary amendments to the eligible entity’s ap8 proved application under paragraph (1), at such 

9 time and in such manner as the Secretary may 

10 require, which the Secretary shall approve or 

11 deny within 30 days of receipt. 

12 ‘‘(B) EXPANDING ENROLLMENT.—Notwith13 standing the assurance required with respect to 

14 maximum enrollment under paragraph (4)(N)— 

15 ‘‘(i) an eligible entity whose dem16 onstration project has been evaluated under 

17 subsection (g)(2) not less than twice, may 

18 submit to the Secretary an amendment to 

19 the eligible entity’s application under para20 graph (1) to increase enrollment in the 

21 project to more than 3,000 students, but not 

22 more than 5,000 students, and which shall 

23 specify— 

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1 ‘‘(I) the proposed maximum en2 rollment and annual enrollment 

3 growth for the project; 

4 ‘‘(II) how the eligible entity will 

5 successfully carry out the project with 

6 such maximum enrollment and enroll7 ment growth; and 

8 ‘‘(III) any other amendments to 

9 the eligible entity’s application under 

10 paragraph (1) that are related to such 

11 maximum enrollment or enrollment 

12 growth; and 

13 ‘‘(ii) the Secretary shall determine 

14 whether to approve or deny an amendment 

15 submitted under clause (i) for a demonstra16 tion project based on the project’s evalua17 tions under subsection (g)(2). 

18 ‘‘(4) CONTENTS.—Each application under para19 graph (1) shall include— 

20 ‘‘(A) a description of each competency-based 

21 education program to be offered by the eligible 

22 entity under the demonstration project; 

23 ‘‘(B) a description of the alignment of the 

24 proposed competency-based education program to 

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1 the institution’s mission, and evidence of institu2 tional commitment to such program; 

3 ‘‘(C) a description of how each program 

4 will work with employers and local industry to 

5 assess and incorporate competencies that are rel6 evant in the labor market and how the program 

7 aligns with employer needs; 

8 ‘‘(D) a description of the proposed academic 

9 design, academic and support services, delivery, 

10 business, and financial models for the dem11 onstration project, including explanations and 

12 supporting documents, including financial state13 ments, and, any revenue-sharing agreements 

14 with third-party servicers or online program 

15 managers, of how each competency-based edu16 cation program offered under the demonstration 

17 project will— 

18 ‘‘(i) result in the achievement of com19 petencies; 

20 ‘‘(ii) differ from standard credit hour 

21 approaches, in whole or in part; 

22 ‘‘(iii) result in lower costs of a certifi23 cate or degree; and 

24 ‘‘(iv) result in shortened time to com25 pletion of a certificate or degree; 

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1 ‘‘(E) a description of how each competency2 based education program offered under the dem3 onstration project will award academic credit to 

4 advance the progress of a student toward comple5 tion of a certificate or degree that is portable 

6 and used by in-demand employers for making 

7 employment decisions; 

8 ‘‘(F) a description of how each credit-bear9 ing competency-based education program offered 

10 under the demonstration project is aligned with 

11 a career pathway; 

12 ‘‘(G) a description of the meaningful role of 

13 the appropriate instructors of the eligible entity 

14 in the development, design, implementation, de15 livery, and evaluation of each such competency16 based education program; 

17 ‘‘(H) a description of how each such com18 petency-based education program will provide 

19 strong post-enrollment job placement, earnings, 

20 and loan repayment outcomes; 

21 ‘‘(I) a description of how the eligible entity 

22 will facilitate transfer, postsecondary study, and 

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1 onstration project to a credit hour transcript at 

2 another program at the eligible entity and to 

3 other institutions of higher education; 

4 ‘‘(J) a description of the statutory and reg5 ulatory requirements described in subsection (e) 

6 for which the eligible entity is seeking a waiver 

7 or other flexibility, and why such waiver or flexi8 bility is necessary to carry out the demonstra9 tion project; 

10 ‘‘(K) a description of indicators of a pro11 gram’s effectiveness to inform how a third party 

12 will reliably assess student learning for each 

13 competency-based education program offered 

14 under the demonstration project; 

15 ‘‘(L) a description of how the eligible entity 

16 will develop and evaluate the competencies and 

17 assessments of student knowledge administered as 

18 part of the demonstration project, including 

19 whether there is a relationship between the com20 petency unit and a traditional credit or clock 

21 hour, the average time it takes to earn a com22 petency, how such competencies and assessments 

23 are aligned with workforce needs and any other 

24 considerations the institution made when it de25 veloped its unit of competency; 

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1 ‘‘(M) a description of the proposal for deter2 mining a student’s Federal student aid eligi3 bility under this title for participating in the 

4 demonstration project, the award and distribu5 tion of such aid, and the safeguards to ensure 

6 that students are making satisfactory progress 

7 that warrants the disbursement of such aid; 

8 ‘‘(N) an assurance that the demonstration 

9 project at each eligible entity— 

10 ‘‘(i) will enroll a minimum of 25 stu11 dents and a maximum of 3,000 students or, 

12 in the case of an eligible entity with an ap13 plication amendment approved under para14 graph (3)(B), the maximum enrollment ap15 proved under such paragraph; 

16 ‘‘(ii) will identify and disseminate best 

17 practices with respect to the demonstration 

18 project to the Secretary and to other eligible 

19 entities carrying out a demonstration 

20 project under this section; 

21 ‘‘(iii) operates under an agreement 

22 with the accrediting agency or association 

23 of the eligible entity to establish the stand24 ards described in subsection (c); and 

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1 ‘‘(iv) uses available funds solely for 

2 purposes of awarding academic credit to el3 igible students based on the achievement of 

4 competencies and for the related costs or fees 

5 of demonstrating the achievement of com6 petencies; 

7 ‘‘(O) a description of the population of stu8 dents to whom competency-based education 

9 under the demonstration project will be offered, 

10 including demographic information and prior 

11 educational experience, disaggregated (as prac12 ticable) by students who are Federal Pell Grant 

13 recipients, students of color, Native students, stu14 dents with disabilities, students who are veterans 

15 or members of the Armed Forces, adult learners, 

16 and first generation college students, and how 

17 such eligible entity will, when appropriate, ad18 dress the specific needs of each such population 

19 of students when carrying out the demonstration 

20 project; 

21 ‘‘(P) a description of outreach and commu22 nication activities to students who may benefit 

23 under the demonstration project, including those 

24 described in subparagraph (O); 

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1 ‘‘(Q) a description of how the institution is 

2 ensuring that students participating in the dem3 onstration project will not, on average, be eligible 

4 for more or less Federal assistance under this 

5 title than such students would have been eligible 

6 for under a program measured in credit or clock 

7 hours; 

8 ‘‘(R) the cost of attendance for each com9 petency-based education program offered under 

10 the demonstration project, disaggregated by each 

11 of the applicable costs or allowances described in 

12 paragraphs (1) through (13) of section 472, and 

13 the estimated amount of the cost of attendance of 

14 each such program to be covered by need-based 

15 grant aid and merit-based grant aid from Fed16 eral, State, institutional, and private sources; 

17 ‘‘(S) a description of other competency18 based education programs the eligible entity of19 fers or plans to offer outside of the demonstration 

20 project; 

21 ‘‘(T) a description of how the eligible entity 

22 will use data to— 

23 ‘‘(i) ensure that each competency-based 

24 education program under the demonstration 

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1 project meets the benchmarks established in 

2 accordance with subsection (c)(2)(E); 

3 ‘‘(ii) confirm relevancy of competencies 

4 in the labor market; and 

5 ‘‘(iii) improve each such program; and 

6 ‘‘(U) other such elements as the Secretary 

7 may require. 

8 ‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR ASSO9 CIATION.—Unless a program has already been recognized 

10 as a direct assessment program by the accrediting agency 

11 or association of the eligible entity, in order to carry out 

12 a competency-based education program under a demonstra13 tion project under this section, an eligible entity shall in14 clude in its application under subsection (b), a letter from 

15 the accrediting agency or association of the eligible entity 

16 that describes how it will establish and enforce the following 

17 standards with respect to such competency-based education 

18 program: 

19 ‘‘(1) Standards for determining whether the eli20 gible entity or the program requires students to dem21 onstrate competencies that are— 

22 ‘‘(A) capable of being validly and reliably 

23 assessed; and 

24 ‘‘(B) appropriate in scope and rigor for the 

25 award of the relevant certificate or degree. 

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1 ‘‘(2) Standards for determining whether the eli2 gible entity or the program demonstrate— 

3 ‘‘(A) the administrative capacity and exper4 tise that will ensure— 

5 ‘‘(i) the validity and reliability of as6 sessments of competencies; and 

7 ‘‘(ii) good practices in assessment and 

8 measurement; 

9 ‘‘(B) sufficient educational content, activi10 ties, and resources (including faculty support)— 

11 ‘‘(i) to enable students to learn or de12 velop what is required to demonstrate or at13 tain mastery of competencies; and 

14 ‘‘(ii) that are consistent with the quali15 fications of graduates of traditional pro16 grams; 

17 ‘‘(C) that the quality of demonstration of 

18 competence is judged at mastery for each com19 petency that is assessed for the award of a cer20 tificate or degree; 

21 ‘‘(D) a standard for the amount of learning 

22 that is included in a unit of competency; 

23 ‘‘(E) reasonable, clear, and actionable 

24 benchmarks for graduation rates and the employ25 ment and earnings of graduates, including job 

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1 placements in a field for which the program pre2 pares students, debt-to-earnings ratios, loan re3 payment rates, and student satisfaction; 

4 ‘‘(F) regular evaluation of whether the pro5 gram meets the benchmarks under subparagraph 

6 (E), and address what may be the cause with 

7 identified interventions; and 

8 ‘‘(G) that students may not receive a subse9 quent disbursement until they have completed the 

10 anticipated number of credits for the payment 

11 period. 

12 ‘‘(3) Standards for determining when to deny, 

13 withdraw, suspend, or terminate the accreditation of 

14 the program if the benchmarks under paragraph 

15 (2)(E) are not achieved after 4 consecutive title IV 

16 payment periods, including standards for providing 

17 sufficient opportunity— 

18 ‘‘(A) for the eligible entity or program to 

19 provide a written response regarding the failure 

20 to achieve such benchmarks be considered by the 

21 agency or association in the manner described in 

22 section 496(a)(6)(B); and 

23 ‘‘(B) for the eligible entity or program to 

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1 graph before an appeals panel that meets the re2 quirements of section 496(a)(6)(C). 

3 ‘‘(d) SELECTION.— 

4 ‘‘(1) IN GENERAL.—Not later than 12 months 

5 after the date of enactment of the College Affordability 

6 Act, the Secretary shall select not more than 100 eligi7 ble entities to carry out a demonstration project 

8 under this section under which at least 1 competency9 based education program is offered at each eligible en10 tity. 

11 ‘‘(2) CONSIDERATIONS.—In selecting eligible en12 tities under paragraph (1), the Secretary shall— 

13 ‘‘(A) consider the number and quality of 

14 applications received; 

15 ‘‘(B) consider an eligible entity’s— 

16 ‘‘(i) ability to successfully execute the 

17 demonstration project as described in the el18 igible entity’s application under subsection 

19 (b); 

20 ‘‘(ii) commitment and ability to effec21 tively finance the demonstration project; 

22 ‘‘(iii) ability to provide administrative 

23 capability and the expertise to evaluate stu24 dent progress based on measures other than 

25 credit hours or clock hours; 

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1 ‘‘(iv) history of compliance with the re2 quirements of this Act; 

3 ‘‘(v) commitment to work with the Di4 rector and the Secretary to evaluate the 

5 demonstration project and the impact of the 

6 demonstration project under subsection 

7 (g)(2); 

8 ‘‘(vi) commitment and ability to assess 

9 student learning through a third party; 

10 ‘‘(vii) commitment of the accrediting 

11 agency or association of the eligible entity 

12 to establish and enforce the standards de13 scribed in subsection (c); and 

14 ‘‘(viii) commitment to collaboration 

15 with an employer advisory group or specific 

16 employers to determine how the demonstra17 tion project will meet employer needs; 

18 ‘‘(C) ensure the selection of a diverse group 

19 of eligible entities with respect to size, mission, 

20 student population, and geographic distribution; 

21 ‘‘(D) not limit the types of programs of 

22 study or courses of study approved for participa23 tion in a demonstration project; and 

24 ‘‘(E) not select an eligible entity— 

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1 ‘‘(i) that, for 1 of the preceding 2 fiscal 

2 years— 

3 ‘‘(I) had an adjusted cohort de4 fault rate (defined in section 435(m)) 

5 that is 20 percent or greater; 

6 ‘‘(II) failed to meet the require7 ment under section 487(a)(24); or 

8 ‘‘(III) was— 

9 ‘‘(aa) under probation or an 

10 equivalent status from the accred11 iting agency or association of the 

12 eligible entity; 

13 ‘‘(bb) under sanction from 

14 the authorization agency of the 

15 State in which the eligible entity 

16 is located; or 

17 ‘‘(cc) under public investiga18 tion or facing a pending lawsuit 

19 from a State or Federal agency; 

20 ‘‘(ii) if the Department has concerns 

21 with the entity’s compliance based on pro22 gram reviews or audits; or 

23 ‘‘(iii) if the eligible entity fails to meet 

24 the financial responsibility standards pre25 scribed by the Secretary in accordance with 

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1 section 498(c) or is placed on a reimburse2 ment payment method by the Secretary. 

3 ‘‘(e) WAIVERS AND OTHER FLEXIBILITY.— 

4 ‘‘(1) IN GENERAL.—With respect to any eligible 

5 entity selected to carry out a demonstration project 

6 under this section, the Secretary may— 

7 ‘‘(A) waive any requirements of the provi8 sions of law (including any regulations promul9 gated under such provisions) listed in paragraph 

10 (2) for which the eligible entity has provided a 

11 reason for waiving under subsection (b)(4)(J); or 

12 ‘‘(B) provide other flexibility, but not waive, 

13 any requirements of the provisions of law (in14 cluding any regulations promulgated under such 

15 provisions) listed in paragraph (3) for which the 

16 eligible entity has provided a reason with which 

17 the Secretary agrees for such flexibility under 

18 subsection (b)(4)(J). 

19 ‘‘(2) PROVISIONS ELIGIBLE FOR WAIVERS.—The 

20 Secretary may waive the following under paragraph 

21 (1)(A): 

22 ‘‘(A) Subparagraphs (A) and (B) of section 

23 102(a)(3). 

24 ‘‘(B) Section 484(l)(1). 

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1 ‘‘(3) PROVISIONS ELIGIBLE FOR FLEXIBILITY.— 

2 The Secretary may provide the flexibility described in 

3 paragraph (1)(B) with respect to the requirements 

4 under provisions in title I, part F of this title, or this 

5 part, that inhibit the operation of a competency-based 

6 education program, relating to the following: 

7 ‘‘(A) Documenting attendance. 

8 ‘‘(B) Weekly academic activity. 

9 ‘‘(C) Minimum weeks of instructional time. 

10 ‘‘(D) Requirements for credit hour or clock 

11 hour equivalencies if an institution proposes a 

12 measure clearly defined in its application that 

13 accounts for the academic intensity of study. 

14 ‘‘(E) Requirements for regular and sub15 stantive interaction with the instructor. 

16 ‘‘(F) Definitions of the terms ‘academic 

17 year’, ‘full-time student’, ‘part-time student’, 

18 ‘term’ (including ‘standard term’, ‘non-term’, 

19 and ‘non-standard term’), ‘satisfactory academic 

20 progress’, ‘educational activity’, ‘program of 

21 study’, and ‘payment period’. 

22 ‘‘(G) Methods of disbursing student finan23 cial aid by institutions of higher education se24 lected, as of the date of enactment of the College 

25 Affordability Act, as experimental sites under 

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1 section 487A to carry out competency-based edu2 cation programs. 

3 ‘‘(H) Restrictions regarding concurrent stu4 dent enrollment in Direct Assessment and non5 Direct Assessment programs. 

6 ‘‘(4) MEASUREMENT OF ACTIVITY OR ACADEMIC

7 WORK.—An institution granted flexibility under 

8 paragraph (3) related to requirements for credit hour 

9 or clock hour equivalencies shall include a measure10 ment of activity or academic ‘work’ by students as 

11 considered comparable to the standard practice for 

12 measuring credit or clock hours for these areas. 

13 ‘‘(f) NOTIFICATION.—Not later than 9 months after the 

14 date of enactment of the College Affordability Act, the Sec15 retary shall make available to the authorizing committees 

16 and the public a list of eligible entities selected to carry 

17 out a demonstration project under this section, which shall 

18 include for each such eligible entity— 

19 ‘‘(1) the specific waiver or other flexibility from 

20 statutory or regulatory requirements offered under 

21 subsection (e); and 

22 ‘‘(2) a description of the competency-based edu23 cation programs, and its associated accreditation 

24 standards, to be offered under the project. 

25 ‘‘(g) INFORMATION AND EVALUATION.— 

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1 ‘‘(1) INFORMATION.— 

2 ‘‘(A) STUDENT-LEVEL DATA.—Each eligible 

3 entity that carries out a demonstration project 

4 under this section shall provide to the Director 

5 the student-level data for the students enrolled in 

6 a program described in subparagraph (C)(i)(I), 

7 the student-level data for the students enrolled in 

8 a program described in subparagraph (C)(i)(II), 

9 and the student-level data for students enrolled 

10 in a program described in subparagraph 

11 (C)(i)(III) to enable 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 pur19 poses of the evaluation under paragraph (2), the 

20 Director shall use the student-level data provided 

21 under subparagraph (A) by an eligible entity to 

22 determine the following information with respect 

23 to each program described in subparagraph 

24 (C)(i) offered at such eligible entity: 

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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 student 

15 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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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 it 

14 takes students to pass all assessments of stu15 dent knowledge during the period of enroll16 ment in the program. 

17 ‘‘(xi) The percentage of summative as18 sessments of student competence that stu19 dents passed on the first attempt during the 

20 period of enrollment in the program. 

21 ‘‘(xii) The percentage of summative as22 sessments of student competence that stu23 dents passed on the second attempt and the 

24 average period of time between the first and 

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1 second attempts during the period of enroll2 ment 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 student 

7 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 of 

13 such students finding employment in a field 

14 related to the program. 

15 ‘‘(xv) Student job placement rates 1, 2, 

16 and 3 years after graduating from the pro17 gram, 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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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 each 

13 competency-based education program 

14 not being carried out under the project, 

15 if the eligible entity has a competency16 based education program not being 

17 carried out under the project; and 

18 ‘‘(III) the students enrolled in a 

19 program not described in subclause (I) 

20 or (II). 

21 ‘‘(ii) For each group of students de22 scribed in clause (i), disaggregation by 

23 prior postsecondary experience, age group, 

24 race, gender, disability status, students who 

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1 eration college students, full-time and part2 time enrollment, and status as a recipient 

3 of a Federal Pell Grant. 

4 ‘‘(D) COUNCIL.—The Director shall provide 

5 to the Competency-Based Education Council any 

6 information described in subparagraph (A) or 

7 (B) (other than personally identifiable informa8 tion) that may be necessary for the Council to 

9 carry out its duties under section 4616(e) of the 

10 College Affordability Act. 

11 ‘‘(2) EVALUATION.— 

12 ‘‘(A) IN GENERAL.—The Director, in con13 sultation with the Secretary and using the infor14 mation determined under paragraph (1), shall 

15 annually evaluate each eligible entity carrying 

16 out a demonstration project under this section. 

17 Each evaluation shall be disaggregated in ac18 cordance with subparagraph (B) and include— 

19 ‘‘(i) the extent to which the eligible en20 tity has met the elements of its application 

21 under subsection (b)(4); 

22 ‘‘(ii) whether the demonstration project 

23 led to reduced cost, including as reflected by 

24 median debt levels, or time to completion of 

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1 a certificate or degree, and the amount of 

2 cost or time reduced for such completion; 

3 ‘‘(iii) obstacles related to student fi4 nancial assistance for competency-based 

5 education; 

6 ‘‘(iv) the extent to which statutory or 

7 regulatory requirements not waived or for 

8 which flexibility is not provided under sub9 section (e) presented difficulties or unin10 tended consequences for students or eligible 

11 entities; 

12 ‘‘(v) a description of the waivers or 

13 flexibility provided under subsection (e) 

14 that were most beneficial to students or eli15 gible entities, and an explanation of such 

16 benefits; 

17 ‘‘(vi) the percentage of students who re18 ceived each of the following— 

19 ‘‘(I) a grant under this title; 

20 ‘‘(II) a loan under this title; 

21 ‘‘(III) a State grant; 

22 ‘‘(IV) a State loan; 

23 ‘‘(V) an institutional grant; 

24 ‘‘(VI) an institutional loan; 

25 ‘‘(VII) a private loan; and 

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1 ‘‘(VIII) an employer grant or sub2 sidy; 

3 ‘‘(vii) median annual total cost and 

4 net cost to the student of the program; 

5 ‘‘(viii) median total cost and net cost 

6 of the credential and associated examina7 tion or licensure calculated upon comple8 tion; 

9 ‘‘(ix) median outstanding balance of 

10 principal and interest on loans made under 

11 this title that students have upon gradua12 tion; 

13 ‘‘(x) the median 3-year adjusted cohort 

14 default rate as defined under section 

15 435(m); 

16 ‘‘(xi) the median 1-year and 3-year re17 payment rate of loans made under this title; 

18 ‘‘(xii) the median student earnings 1, 

19 3, and 4 years after graduation; 

20 ‘‘(xiii) a description of the curricular 

21 infrastructure, including assessments of stu22 dent knowledge and the corresponding com23 petencies; 

24 ‘‘(xiv) a description of the role of fac25 ulty and faculty involvement; and 

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1 ‘‘(xv) outcomes of the assessments of 

2 student competency. 

3 ‘‘(B) DISAGGREGATION.—The data collected 

4 under clauses (vi) through (xii) shall be 

5 disaggregated by each group of students described 

6 in paragraph (1)(C). 

7 ‘‘(3) ANNUAL REPORT.—The Director, in con8 sultation with the Secretary, shall annually provide 

9 to the authorizing committees a report on— 

10 ‘‘(A) the evaluations required under para11 graph (2); 

12 ‘‘(B) the number and types of students re13 ceiving assistance under this title for com14 petency-based education programs offered under 

15 projects under this section; 

16 ‘‘(C) any proposed statutory or regulatory 

17 changes designed to support and enhance the ex18 pansion of competency-based education pro19 grams, which may be independent of or com20 bined with traditional credit hour or clock hour 

21 projects; 

22 ‘‘(D) the most effective means of delivering 

23 competency-based education programs through 

24 projects under this section; and 

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1 ‘‘(E) the appropriate level and distribution 

2 methodology of Federal assistance under this title 

3 for students enrolled in a competency-based edu4 cation program. 

5 ‘‘(h) COORDINATION.—An eligible entity or the Direc6 tor shall consult with the Secretary of Education or the Sec7 retary of the Treasury to obtain the employment, earnings, 

8 and loan information that may be necessary for purposes 

9 of subsection (c)(2)(F) or subsection (g), respectively. 

10 ‘‘(i) OVERSIGHT.—In carrying out this section, the 

11 Secretary shall, at least twice annually— 

12 ‘‘(1) assure compliance of eligible entities with 

13 the requirements of this title (other than the provi14 sions of law and regulations that are waived under 

15 subsection (e)); 

16 ‘‘(2) provide technical assistance; 

17 ‘‘(3) monitor fluctuations in the student popu18 lation enrolled in the eligible entities carrying out the 

19 demonstration projects under this section; 

20 ‘‘(4) consult with appropriate accrediting agen21 cies or associations and appropriate State regulatory 

22 authorities for additional ways of improving the de23 livery of competency-based education programs; and 

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1 ‘‘(5) collect and disseminate to eligible entities 

2 carrying out a demonstration project under this sec3 tion, best practices with respect to such projects. 

4 ‘‘(j) DATA PRIVACY.— 

5 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

6 person who obtains or has access to personally identi7 fiable information pursuant to this section to know8 ingly disclose to any person (except as authorized in 

9 this section or any Federal law) such personally iden10 tifiable information. 

11 ‘‘(2) PENALTY.—Any person who violates para12 graph (1) shall be fined under title 18, United States 

13 Code. 

14 ‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED

15 STATES.—If any officer or employee of the United 

16 States violates paragraph (1), the officer or employee 

17 shall be dismissed from office or discharged from em18 ployment upon conviction for the violation. 

19 ‘‘(4) LAW ENFORCEMENT.—Personally identifi20 able information collected under this section shall not 

21 be used for any law enforcement activity or any other 

22 activity that would result in adverse action against 

23 any student, including debt collection activity or en24 forcement of the immigration laws. 

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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated $5,000,000 to the Depart3 ment to carry out the project under this section. 

4 ‘‘(l) DEFINITIONS.—For the purpose of this section: 

5 ‘‘(1) CAREER PATHWAY.—The term ‘career path6 way’ has the meaning given the term in section 3 of 

7 the Workforce Innovation and Opportunity Act (29 

8 U.S.C. 3102). 

9 ‘‘(2) COMPETENCY.—The term ‘competency’ 

10 means the knowledge, skill, and abilities demonstrated 

11 for a particular program of study. 

12 ‘‘(3) COMPETENCY-BASED EDUCATION PRO13 GRAM.—The term ‘competency-based education pro14 gram’ means a postsecondary program that provides 

15 competency-based education for which the accrediting 

16 agency or association of the institution of higher edu17 cation offering such program has established or will 

18 establish the standards described in subsection (c) 

19 and, in accordance with such standards— 

20 ‘‘(A) measures academic progress and cre21 dential attainment by the assessment of student 

22 learning in lieu of, or in addition to, credit or 

23 clock hours; 

24 ‘‘(B) measures and assesses such academic 

25 progress and attainment in terms of a student’s 

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1 mastery of competencies by identifying what stu2 dents know and the skills mastered through rig3 orous assessment; 

4 ‘‘(C) determines and reports to the Sec5 retary the number of credit or clock hours that 

6 would be needed for the attainment of a similar 

7 level of knowledge, skills, and characteristics in 

8 a standard credit or clock hour program; 

9 ‘‘(D) provides the educational content, ac10 tivities, support, and resources necessary to en11 able students to develop and attain the com12 petencies that are required to demonstrate mas13 tery of such competencies, including a system for 

14 monitoring a student’s engagement and progress 

15 in each competency, in which faculty are respon16 sible for providing proactive academic assist17 ance, when needed, on the basis of such moni18 toring; 

19 ‘‘(E) upon a student’s demonstration or 

20 mastery of a set of competencies identified and 

21 required by the institution, leads to or results in 

22 the awarding of a certificate or degree; 

23 ‘‘(F) ensures that funds received under this 

24 title may be used only for learning that results 

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1 stitution and not for the portion of the program 

2 of which the student has demonstrated mastery 

3 prior to enrollment in the program or tests of 

4 learning that are not associated with educational 

5 activities overseen by the institution; 

6 ‘‘(G) is organized in a manner that an in7 stitution can determine, based on the method of 

8 measurement selected by the institution, and ap9 proved by the accreditor as described in sub10 section (c), what constitutes a full-time, three11 quarter time, half-time, and less than half-time 

12 workload for the purposes of awarding and ad13 ministering assistance under this title, or assist14 ance provided under another provision of Fed15 eral law to attend an institution of higher edu16 cation; and 

17 ‘‘(H) may use a disaggregated faculty model 

18 in which the educational responsibilities for an 

19 academic course are divided among a number of 

20 individuals, each performing specific tasks essen21 tial to instruction, including curriculum design, 

22 content delivery, and student assessment. 

23 ‘‘(4) DIRECTOR.—The term ‘Director’ means the 

24 Director of the Institute of Education Sciences. 

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1 ‘‘(5) DUAL OR CONCURRENT ENROLLMENT PRO2 GRAM.—The term ‘dual or concurrent enrollment pro3 gram’ has the meaning given the term in section 8101 

4 of the Elementary and Secondary Education Act of 

5 1965 (20 U.S.C. 7801). 

6 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti7 ty’ means an institution of higher education, which 

8 may be an institution of higher education that offers 

9 a dual or concurrent enrollment program. 

10 ‘‘(7) FIRST GENERATION COLLEGE STUDENT.— 

11 The term ‘first generation college student’ has the 

12 meaning given the term in section 402A(h)(3). 

13 ‘‘(8) INSTITUTION OF HIGHER EDUCATION.—The 

14 term ‘institution of higher education’ has the meaning 

15 given the term in section 102, except that such term 

16 does not include institutions described in section 

17 102(a)(1)(C).’’. 

18 (b) RULE OF CONSTRUCTION.—Nothing in this section 

19 or the amendments made by this section shall be construed 

20 to alter the authority of the Secretary of Education to estab21 lish experimental sites under any other provision of law. 

22 SEC. 4616. COMPETENCY-BASED EDUCATION COUNCIL. 

23 (a) ESTABLISHMENT OF A COMMITTEE ON COM24 PETENCY-BASED EDUCATION.—Not later than 6 months 

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1 lished the Competency-Based Education Council (referred 

2 to in this section as the ‘‘Council’’). 

3 (b) MEMBERSHIP.— 

4 (1) COMPOSITION.—The Council shall be com5 posed of— 

6 (A) 3 individuals appointed by the Sec7 retary of Education; 

8 (B) 2 individuals appointed by the Director 

9 of the Bureau of Consumer Financial Protection; 

10 (C) not less than 8 and not more than 13 

11 individuals appointed by the Comptroller Gen12 eral of the United States, representing— 

13 (i) experts in competency-based edu14 cation; 

15 (ii) faculty members in competency16 based education programs; 

17 (iii) faculty members in non-com18 petency based education programs; 

19 (iv) administrators at institutions that 

20 offer competency-based education programs; 

21 (v) individuals currently enrolled in or 

22 graduated from a competency-based edu23 cation program; 

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1 (vi) accrediting agencies or associa2 tions that recognize competency-based edu3 cation programs; 

4 (vii) experts from State educational 

5 agencies; and 

6 (viii) business and industry represent7 atives; and 

8 (D) 4 members appointed by— 

9 (i) the Majority Leader of the Senate; 

10 (ii) the Minority Leader of the Senate; 

11 (iii) the Speaker of the House of Rep12 resentatives; and 

13 (iv) the Minority Leader of the House 

14 of Representatives. 

15 (2) CHAIRPERSON.—The Council shall select a 

16 Chairperson from among its members. 

17 (3) VACANCIES.—Any vacancy in the Council 

18 shall not affect the powers of the Council and shall be 

19 filled in the same manner as an initial appointment. 

20 (c) MEETINGS.—The Council shall hold, at the call of 

21 the Chairperson, not less than 6 meetings before completing 

22 the study required under subsection (e) and the report re23 quired under subsection (f). 

24 (d) PERSONNEL MATTERS.— 

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1 (1) COMPENSATION OF MEMBERS.—Each mem2 ber of the Council shall serve without compensation in 

3 addition to any such compensation received for the 

4 member’s service as an officer or employee of the 

5 United States, if applicable. 

6 (2) TRAVEL EXPENSES.—The members of the 

7 Council shall be allowed travel expenses, including 

8 per diem in lieu of subsistence, at rates authorized for 

9 employees of agencies under subchapter 1 of chapter 

10 57 of title 5, United States Code, while away from 

11 their homes or regular places of business in the per12 formance of services for the Council. 

13 (e) DUTIES OF THE COUNCIL.— 

14 (1) STUDY.—The Council shall conduct a study 

15 on the ongoing innovation and development of com16 petency-based education programs. 

17 (2) RECOMMENDATIONS.—Based on the findings 

18 of the study under paragraph (1), and the annual 

19 evaluations of the demonstration projects under sec20 tion 486C of the Higher Education Act of 1965, as 

21 added by section 4615 of this Act, the Council shall 

22 develop recommendations for the authorization of 

23 competency-based education under the Higher Edu24 cation Act of 1965, including recommendations 

25 that— 

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1 (A) provide or update standard definitions, 

2 if needed, for relevant terms, including— 

3 (i) competency-based education; 

4 (ii) competency-based education pro5 gram including quality indicators, that in6 clude appropriate student outcome metrics, 

7 for such programs; and 

8 (iii) any other relevant definitions 

9 agreed upon; and 

10 (B) address— 

11 (i) the amount of learning in a com12 petency unit; 

13 (ii) the transfer of competency-based 

14 education credits to other institutions or 

15 programs; 

16 (iii) the minimum amount of time in 

17 an academic year for competency-based edu18 cation programs, for financial aid purposes; 

19 (iv) considerations for accreditation 

20 agencies before recognizing competency21 based education programs; 

22 (v) address the role of faculty and fac23 ulty involvement in competency-based edu24 cation programs; 

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1 (vi) additional resources that may be 

2 needed for adequate oversight of com3 petency-based education programs; and 

4 (vii) the responsiveness of competencies 

5 to the labor market and employers. 

6 (f) REPORTS.— 

7 (1) INTERIM REPORTS.—Not later than 2 years 

8 after the date of enactment of this Act, and biennially 

9 thereafter until the final report is submitted under 

10 paragraph (2), the Council shall prepare and submit 

11 to the Secretary of Education and Congress, and 

12 make available to the public, a report that provides 

13 ongoing feedback to the annual evaluations of the 

14 demonstration projects under section 486C(g)(2) of 

15 the Higher Education Act of 1965, as added by sec16 tion 4615 of this Act, including a discussion of imple17 mentation challenges programs face, and the items 

18 listed in subsection (e)(2)(B). 

19 (2) FINAL REPORT.—Not later than 6 years after 

20 the date of enactment of this Act, the Council shall 

21 prepare and submit to the Secretary of Education 

22 and Congress, and make available to the public, a re23 port containing the findings of the study under sub24 section (e)(1) and the recommendations developed 

25 under subsection (e)(2). 

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1 SEC. 4617. WRITTEN ARRANGEMENTS TO PROVIDE EDU2 CATIONAL PROGRAMS. 

3 Part G of title IV of the Higher Education Act of 1965 

4 (20 U.S.C. 1088 et seq.) is amended by inserting after sec5 tion 486C (as added by section 4615 of this Act) the fol6 lowing: 

7 ‘‘SEC. 486D. WRITTEN ARRANGEMENTS TO PROVIDE EDU8 CATIONAL PROGRAMS. 

9 ‘‘(a) WRITTEN ARRANGEMENTS BETWEEN ELIGIBLE

10 INSTITUTIONS.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), if an eligible institution enters into a writ13 ten arrangement with another eligible institution, or 

14 with a consortium of eligible institutions, under 

15 which the other eligible institution or consortium pro16 vides part of the educational program to students en17 rolled in the first institution, the Secretary shall con18 sider that educational program to be an eligible pro19 gram if the educational program offered by the insti20 tution that grants the degree or certificate otherwise 

21 satisfies the requirements for eligibility under this 

22 title. 

23 ‘‘(2) COMMON OWNERSHIP OR CONTROL.—If the 

24 written arrangement described in paragraph (1) is 

25 between two or more eligible institutions that are 

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1 ship, or corporation, the Secretary shall consider the 

2 educational program to be an eligible program if— 

3 ‘‘(A) the educational program offered by the 

4 institution that grants the degree or certificate 

5 otherwise satisfies the requirements for eligibility 

6 under this title; and 

7 ‘‘(B) the institution that grants the degree 

8 or certificate provides more than 50 percent of 

9 the educational program. 

10 ‘‘(b) WRITTEN ARRANGEMENTS FOR STUDY11 ABROAD.—Under a study abroad program, if an eligible in12 stitution enters into a written arrangement under which 

13 an institution in another country, or an organization act14 ing on behalf of an institution in another country, provides 

15 part of the educational program of students enrolled in the 

16 eligible institution, the Secretary considers that educational 

17 program to be an eligible program if it otherwise satisfies 

18 the requirements of paragraphs (1) through (3) of subsection 

19 (c). 

20 ‘‘(c) WRITTEN ARRANGEMENTS BETWEEN AN ELIGI21 BLE INSTITUTION AND AN INELIGIBLE INSTITUTION OR OR22 GANIZATION.—If an eligible institution enters into a writ23 ten arrangement with an institution or organization that 

24 is not an eligible institution under which the ineligible in25 stitution or organization provides part of the educational 

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1 program of students enrolled in the eligible institution, the 

2 Secretary shall consider that educational program to be an 

3 eligible program if— 

4 ‘‘(1) the ineligible institution or organization 

5 has not— 

6 ‘‘(A) had its eligibility to participate in the 

7 programs under this title terminated by the Sec8 retary; 

9 ‘‘(B) voluntarily withdrawn from partici10 pation programs under this title under a termi11 nation, show-cause, suspension, or similar type 

12 proceeding initiated by the institution’s State li13 censing agency, accrediting agency, guarantor, 

14 or by the Secretary; 

15 ‘‘(C) had its certification to participate in 

16 programs under this title revoked by the Sec17 retary; 

18 ‘‘(D) had its application for re-certification 

19 to participate in programs under this title de20 nied by the Secretary; or 

21 ‘‘(E) had its application for certification to 

22 participate in programs under this title denied 

23 by the Secretary; 

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1 ‘‘(2) the ineligible institution or organization 

2 does not have any role in the admission of students 

3 into the educational program; 

4 ‘‘(3) the educational program offered by the in5 stitution that grants the degree or certificate otherwise 

6 satisfies the requirements for eligibility under this 

7 title; and 

8 ‘‘(4)(A) the ineligible institution or organization 

9 provides 25 percent or less of the educational pro10 gram; or 

11 ‘‘(B)(i) the ineligible institution or organization 

12 provides more than 25 percent but less than 50 per13 cent of the educational program; 

14 ‘‘(ii) the eligible institution and the ineligible in15 stitution or organization are not owned or controlled 

16 by the same individual, partnership, or corporation; 

17 ‘‘(iii) the eligible institution’s accrediting agen18 cy, or if the institution is a public postsecondary vo19 cational educational institution, the State agency de20 termined by the Secretary to be a reliable authority 

21 as to the quality of public postsecondary vocational 

22 education pursuant to section 487(c)(4), has specifi23 cally determined that the institution’s arrangement 

24 meets the agency’s standards for the contracting out 

25 of educational services; and 

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1 ‘‘(iv) the eligible institution provides to the Sec2 retary the institution’s expenditures on instruction, 

3 student services, marketing, recruitment, advertising, 

4 and lobbying made available under section 

5 132(i)(1)(AA) with respect to the portion of the edu6 cational program covered by the written arrangement. 

7 ‘‘(d) ADMINISTRATION OF TITLE IV PROGRAMS.— 

8 ‘‘(1) IN GENERAL.—If an institution enters into 

9 a written arrangement as described in subsection (a), 

10 subsection (b), or subsection (c), except as provided in 

11 paragraph (2), the institution at which the student is 

12 enrolled as a regular student shall determine the stu13 dent’s eligibility for funds under this title, and shall 

14 calculate and disburse those funds to that student. 

15 ‘‘(2) SPECIAL RULE FOR ARRANGEMENTS BE16 TWEEN ELIGIBLE INSTITUTIONS.—In the case of a 

17 written arrangement between eligible institutions, the 

18 institutions may agree in writing to have any eligible 

19 institution in the written arrangement calculate and 

20 disburse funds under this title to the student and the 

21 Secretary shall not consider that institution to be a 

22 third party servicer for that arrangement. 

23 ‘‘(3) CALCULATION AND DISBURSEMENT.—The 

24 institution that calculates and disburses a student’s 

25 funds under paragraph (1) or paragraph (2) must— 

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1 ‘‘(A) take into account all the hours in 

2 which the student enrolls at each institution that 

3 apply to the student’s degree or certificate when 

4 determining the student’s enrollment status and 

5 cost of attendance; and 

6 ‘‘(B) maintain all records regarding the 

7 student’s eligibility for and receipt of funds 

8 under this title. 

9 ‘‘(e) INFORMATION MADE AVAILABLE TO STUDENTS.— 

10 If an institution enters into a written arrangement de11 scribed in subsection (a), subsection (b), or subsection (c), 

12 the institution shall provide directly to enrolled and pro13 spective students, and make available on a publicly acces14 sible website of the institution, a description of written ar15 rangements the institution has entered into in accordance 

16 with this section, including information on— 

17 ‘‘(1) the portion of the educational program that 

18 the institution that grants the degree or certificate is 

19 not providing; 

20 ‘‘(2) the name and location of the other institu21 tions or organizations that are providing the portion 

22 of the educational program that the institution that 

23 grants the degree or certificate is not providing; 

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1 ‘‘(3) the method of delivery of the portion of the 

2 educational program that the institution that grants 

3 the degree or certificate is not providing; and 

4 ‘‘(4) estimated additional costs students may 

5 incur as the result of enrolling in an educational pro6 gram that is provided, in part, under the written ar7 rangement.’’. 

8 SEC. 4618. IMPROVEMENTS TO PROGRAM PARTICIPATION 

9 AGREEMENTS. 

10 (a) ALCOHOL AND SUBSTANCE MISUSE PREVEN11 TION.—Section 487(a)(10) of the Higher Education Act of 

12 1965 (20 U.S.C. 1094(a)(10)) is amended by striking ‘‘a 

13 drug abuse prevention program’’ and inserting ‘‘an alcohol 

14 and substance misuse prevention program in accordance 

15 with section 120’’. 

16 (b) ADJUSTED COHORT DEFAULT RATE.—Section 

17 487(a)(14) of the Higher Education Act of 1965 is amended 

18 by adding at the end the following: 

19 ‘‘(D) Beginning on the date on which the final 

20 adjusted cohort default rates are published by the Sec21 retary for fiscal year 2018 under section 435(m), sub22 paragraph (C) shall be applied by substituting ‘ad23 justed cohort default rate in excess of 5 percent’ for 

24 ‘cohort default rate in excess of 10 percent’ each place 

25 it appears.’’. 

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1 (c) POSTSECONDARY DATA.—Paragraph (17) of sec2 tion 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

3 1094(a)) is amended to read as follows: 

4 ‘‘(17) The institution of higher education (or the 

5 assigned agent of such institution) shall collect and 

6 submit data to the Commissioner for Education Sta7 tistics in a timely manner in accordance with— 

8 ‘‘(A) section 132(l); 

9 ‘‘(B) nonstudent-related surveys within the 

10 Integrated Postsecondary Education Data Sys11 tem (IPEDS); and 

12 ‘‘(C) any other Federal postsecondary data 

13 collection effort.’’. 

14 (d) ACCESS TO HOUSING FOR FOSTER YOUTH.—Sec15 tion 487(a)(19) of the Higher Education Act of 1965 (20 

16 U.S.C. 1094(a)(19)) is amended— 

17 (1) by striking ‘‘The institution will not’’ and 

18 inserting the following: ‘‘The institution— 

19 ‘‘(A) will not’’; 

20 (2) by inserting ‘‘housing facilities,’’ after ‘‘li21 braries,’’; 

22 (3) by striking ‘‘institution.’’ and inserting ‘‘in23 stitution; and’’; and 

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

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1 ‘‘(B) will provide a means for students to 

2 access institutionally owned or operated housing 

3 if a student is temporarily unable to meet finan4 cial obligations related to housing, including de5 posits, due to delayed disbursement of vouchers 

6 for education and training made available under 

7 section 477 of part E of title IV of the Social Se8 curity Act or delays attributable to the institu9 tion.’’. 

10 (e) DISTRIBUTION OF VOTER REGISTRATION

11 FORMS.— 

12 Section 487(a)(23)(A) of the Higher Education 

13 Act of 1965 (20 U.S.C. 1094(a)(23)(A)) is amended 

14 by striking ‘‘, if located in a State to which section 

15 4(b) of the National Voter Registration Act of 1993 

16 (42 U.S.C. 1973gg–2(b)) does not apply,’’. 

17 (f) PROPRIETARY INSTITUTIONS.— 

18 (1) 85/15 RULE.— 

19 (A) AMENDMENT.—Section 487(a)(24) of 

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

21 1094(a)(24)) is amended by striking ‘‘not less 

22 than ten percent of such institution’s revenues 

23 from sources other than funds provided under 

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1 cent of such institution’s revenues from sources 

2 other than Federal education assistance funds’’. 

3 (B) EFFECTIVE DATE.—The amendment 

4 made by this paragraph shall take effect on July 

5 1, 2022. 

6 (2) REPEALS.— 

7 (A) IN GENERAL.—Subsections (a)(24) and 

8 (d)(2) of section 487 the Higher Education Act 

9 of 1965 (20 U.S.C. 1094) are repealed. 

10 (B) EFFECTIVE DATE.—The repeals made 

11 by this paragraph shall take effect on July 1, 

12 2023. 

13 (g) WRITTEN ARRANGEMENTS WITH OTHER INSTITU14 TIONS.—Section 487(a) of the Higher Education Act of 

15 1965 (20 U.S.C. 1094(a)) is amended by adding at the end 

16 the following: 

17 ‘‘(30) In the case of an institution that enters 

18 into a written arrangement with an organization or 

19 another institution to provide part of an educational 

20 program, the institution will comply with the appli21 cable requirements of section 486D.’’. 

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1 SEC. 4619. COMPLIANCE WITH THE CIVIL RIGHTS ACT OF 

2 1964. 

3 Section 487(a) of the Higher Education Act of 1965 

4 (20 U.S.C. 1094(a)), as amended by the preceding sections, 

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

6 ‘‘(31) The institution will— 

7 ‘‘(A) designate at least one employee to co8 ordinate compliance with title VI of the Civil 

9 Rights Act of 1964 (42 U.S.C. 2000d et seq.), in10 cluding any investigation of any complaint al11 leging— 

12 ‘‘(i) noncompliance with such title; 

13 and 

14 ‘‘(ii) any actions prohibited by such 

15 title; 

16 ‘‘(B) annually submit a report to the Sec17 retary that includes all complaints described in 

18 subparagraph (A) with respect to such institu19 tion; 

20 ‘‘(C) make the report under subparagraph 

21 (B) publicly available on the internet website of 

22 the institution; and 

23 ‘‘(D) notify students and employees of— 

24 ‘‘(i) the name, office address, and tele25 phone number of each employee designated 

26 under subparagraph (A); 

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1 ‘‘(ii) the report under subparagraph 

2 (B); 

3 ‘‘(iii) the enforcement policies of the 

4 institution with respect to such title; and 

5 ‘‘(iv) the procedure for reporting and 

6 investigating complaints under such title.’’. 

7 SEC. 4620. SUBMISSION OF DATA WITH RESPECT TO STU8 DENTS WITH DISABILITIES. 

9 Section 487(a) of the Higher Education Act of 1965 

10 (20 U.S.C. 1094(a)), as amended by the preceding sections, 

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

12 ‘‘(32) The institution will submit, for inclusion 

13 in the postsecondary student data system established 

14 under section 132(l), the Integrated Postsecondary 

15 Education Data System of the Department, or any 

16 other Federal postsecondary institution data collec17 tion effort, key data related to undergraduate and 

18 graduate students enrolled at the institution who are 

19 formally registered as students with disabilities with 

20 the institution’s office of accessibility, including the 

21 total number of students with disabilities enrolled, the 

22 number of students accessing or receiving accommoda23 tion, the percentage of students with disabilities of all 

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1 dents with disabilities. An institution shall not be re2 quired to submit the information described in the pre3 ceding sentence if the number of such students would 

4 reveal personally identifiable information about an 

5 individual student.’’. 

6 SEC. 4621. EDUCATION PROGRAM ON HAZING. 

7 (a) EDUCATIONAL PROGRAM ON HAZING.—Section 

8 487(a) of the Higher Education Act of 1965 (20 U.S.C. 

9 1094(a)), as amended by the preceding sections, is further 

10 amended by adding at the end the following: 

11 ‘‘(33) The institution will provide students with 

12 an educational program on hazing (as that term is 

13 defined in section 485(f)(6)(A)(vii)), which shall in14 clude information on hazing awareness, hazing pre15 vention, and the institution’s policies on hazing.’’. 

16 SEC. 4622. CHANGES TO PROGRAM PARTICIPATION AGREE17 MENTS TO STRENGTHEN CONSUMER PROTEC18 TIONS. 

19 (a) PROHIBITION ON LOSS OF ACCESS TO TRAN20 SCRIPTS FOR LOAN DEFAULT.—Section 487(a) of the High21 er Education Act of 1965 (20 U.S.C. 1094(a)) is further 

22 amended by adding at the end the following: 

23 ‘‘(34)(A) The institution will not prohibit a stu24 dent from accessing the student’s transcripts, degree 

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1 cational attainments at the institution because the 

2 student is in default on the repayment of a loan 

3 made, insured, or guaranteed under this title. 

4 ‘‘(B) For purposes of this paragraph, the term 

5 ‘student’ includes former students.’’. 

6 (b) PROHIBITION ON LIMITATIONS ON ABILITY OF

7 STUDENTS TO PURSUE CLAIMS AGAINST CERTAIN INSTI8 TUTIONS OF HIGHER EDUCATION.—Section 487(a) of the 

9 Higher Education Act of 1965 (20 U.S.C. 1094(a)) is fur10 ther amended by adding at the end the following: 

11 ‘‘(35) No agreement between the institution and 

12 any student will contain any limitation or restriction 

13 (including a limitation or restriction on any avail14 able choice of applicable law, a jury trial, or venue) 

15 on the ability of the student to pursue a claim, indi16 vidually or with others, against an institution in 

17 court.’’. 

18 SEC. 4623. MISREPRESENTATION AND SUBSTANTIAL MIS19 REPRESENTATION DEFINED. 

20 Section 487(c)(3) of the Higher Education Act of 1965 

21 (20 U.S.C. 1094(c)(3)) is amended— 

22 (1) in subparagraph (B)(i), by striking 

23 ‘‘$25,000’’ and inserting ‘‘$60,000’’; and 

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

25 ‘‘(C) In this paragraph: 

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1 ‘‘(i) The term ‘misleading’ means having the 

2 likelihood or tendency to mislead under the cir3 cumstances. 

4 ‘‘(ii) The term ‘misrepresentation’— 

5 ‘‘(I) means any false, erroneous, or mis6 leading statement an institution, one of its rep7 resentatives, or a third-party servicer (as defined 

8 in section 481(c)) makes directly or indirectly to 

9 a student, prospective student or any member of 

10 the public, or an accrediting agency, a State 

11 agency, or to the Secretary; and 

12 ‘‘(II) includes any statement that omits in13 formation in such a way as to make the state14 ment false, erroneous, or misleading. 

15 ‘‘(iii) The term ‘statement’ means any commu16 nication made in writing, visually, orally, or through 

17 other means. 

18 ‘‘(iv) The term ‘substantial misrepresentation’ 

19 means any misrepresentation on which the person to 

20 whom such misrepresentation was made could reason21 ably be expected to rely, or has reasonably relied, to 

22 that person’s detriment.’’. 

23 SEC. 4624. REVENUE REQUIREMENT. 

24 (a) AMENDMENTS.—Section 487(d) of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1094(d)) is amended— 

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1 (1) in the subsection heading, by striking ‘‘TITLE

2 IV’’ and inserting ‘‘FEDERAL EDUCATION ASSIST3 ANCE FUNDS’’; 

4 (2) in paragraph (1)— 

5 (A) in subparagraph (B)(iii)— 

6 (i) in subclause (II), by striking ‘‘or’’; 

7 (ii) in subclause (III), by adding ‘‘or’’ 

8 at the end; and 

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(IV) provides industry-related 

12 skills training pursuant to a contract 

13 with an entity that is an independent 

14 third-party (such as an employer), ex15 cept that revenues from such skills 

16 training shall not exceed 5 percent of 

17 the institution’s revenues for the pur18 poses of the calculation under this 

19 paragraph, if the institution— 

20 ‘‘(aa) does not offer more 

21 than 50 percent of the institu22 tion’s courses exclusively through 

23 distance education; 

24 ‘‘(bb) ensures that less than 

25 50 percent of students enrolled at 

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1 the institution are enrolled exclu2 sively in courses offered through 

3 distance education; and 

4 ‘‘(cc) was providing such 

5 skills training pursuant to such 

6 contract before the date of enact7 ment of the College Affordability 

8 Act;’’; 

9 (B) in subparagraph (C), in the matter pre10 ceding clause (i), by striking ‘‘funds for a pro11 gram under this title’’ and inserting ‘‘Federal 

12 education assistance funds’’; and 

13 (C) in subparagraph (D)(ii), by inserting 

14 ‘‘(including any financing or credit instrument 

15 of which the institution was a holder or guar16 antor)’’ after ‘‘proprietary institution of higher 

17 education’’; 

18 (3) in paragraph (3)— 

19 (A) in the paragraph heading, by striking 

20 ‘‘COLLEGE NAVIGATOR’’ and inserting ‘‘DEPART21 MENT OF EDUCATION’’; and 

22 (B) in the matter preceding subparagraph 

23 (A), by striking ‘‘on the College Navigator’’ and 

24 inserting ‘‘on a Department of Education’’; and 

25 (4) in paragraph (4)— 

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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘and make publicly available’’ 

3 after ‘‘committees’’; and 

4 (B) in subparagraph (A), by striking 

5 ‘‘sources under this title’’ and inserting ‘‘Federal 

6 education assistance funds’’. 

7 (b) EFFECTIVE DATE.—The amendments made by this 

8 section shall take effect on July 1, 2022. 

9 SEC. 4625. TEACH-OUT PLANS. 

10 Section 487(f)(2) of the Higher Education Act of 1965 

11 (20 U.S.C. 1094(f)(2)) is amended to read as follows: 

12 ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub13 section, the term ‘teach-out plan’ means a written 

14 plan that provides for the equitable treatment of stu15 dents if an institution of higher education ceases to 

16 operate before all students have completed their pro17 gram of study that— 

18 ‘‘(A) shall include— 

19 ‘‘(i) a process to maintain a complete 

20 list of such students and the estimated date 

21 of completion of each such student’s pro22 gram of study; and 

23 ‘‘(ii) a record retention plan that in24 cludes— 

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1 ‘‘(I) a plan to provide each stu2 dent with the transcript of such stu3 dent, at no cost to such student, re4 gardless of whether such student choos5 es to participate in a teach-out or 

6 transfer; and 

7 ‘‘(II) the policies and procedures 

8 required under subparagraphs (B) and 

9 (C) of section 495(a)(6); and 

10 ‘‘(B) may include— 

11 ‘‘(i) if required by the institution’s ac12 crediting agency or association, an agree13 ment between institutions for such a teach14 out plan; and 

15 ‘‘(ii) such other information as the 

16 Secretary may require.’’. 

17 SEC. 4626. EXPERIMENTAL PROGRAMS. 

18 Section 487A of the Higher Education Act of 1965 (20 

19 U.S.C. 1094a) is amended to read as follows: 

20 ‘‘SEC. 487A. EXPERIMENTATION WITH STATUTORY AND 

21 REGULATORY FLEXIBILITY. 

22 ‘‘(a) EXPERIMENTAL SITES.—The Secretary is author23 ized to periodically select a limited number of institutions 

24 for voluntary participation as experimental sites to test the 

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1 effectiveness of approaches to statutory and regulatory flexi2 bility that— 

3 ‘‘(1) to the extent appropriate, may lead to a re4 duction of regulatory burden on institutions of higher 

5 education or the Department of Education, except 

6 that the Secretary shall not waive any requirement of 

7 this title for any institution participating as an ex8 perimental site that would reduce the protections or 

9 the information provided to a student under this Act; 

10 and 

11 ‘‘(2) aim to increase student success, as deter12 mined in accordance with subsection (g). 

13 ‘‘(b) CONTINUING AND DISCONTINUING EXPERIMENTS

14 AND EXPERIMENTAL SITES.—The Secretary may continue 

15 any experiment or the voluntary participation of any ex16 perimental site in existence as of the date of enactment of 

17 the College Affordability Act, unless the Secretary deter18 mines that such experiment or site has not been successful 

19 in increasing student success as determined in accordance 

20 with subsection (g). Any experiment or experimental site 

21 approved by the Secretary prior to the date of enactment 

22 of the College Affordability Act that has not been successful 

23 in increasing student success shall be discontinued before 

24 the first day of the first award year beginning after such 

25 date. 

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1 ‘‘(c) WAIVERS.—The Secretary is authorized to waive, 

2 for any institution participating as an experimental site 

3 under subsection (a), any requirements in this title, includ4 ing requirements related to the award process and disburse5 ment of student financial aid (such as innovative delivery 

6 systems for modular or compressed courses, or other innova7 tive systems), verification of student financial aid applica8 tion data, entrance and exit interviews, or other manage9 ment procedures or processes as determined in the nego10 tiated rulemaking process under section 492, or regulations 

11 prescribed under this title, that will bias the results of the 

12 experiment, except that the Secretary shall not waive any 

13 provisions with respect to award rules (other than an 

14 award rule related to an experiment in modular or com15 pressed schedules), grant and loan maximum award 

16 amounts, and need analysis requirements unless the waiver 

17 of such provisions is authorized by another provision under 

18 this title. 

19 ‘‘(d) EVALUATION PLAN REQUIRED.—Before notifying 

20 institutions of the intent of the Secretary to carry out an 

21 experiment under this section, the Secretary, in consulta22 tion with the Director of the Institute of Education 

23 Sciences, shall develop an evaluation plan for the experi24 ment. The evaluation plan shall include the following: 

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1 ‘‘(1) Identification of the methodology to be used 

2 for collecting data on the experiment which shall in3 clude, to the extent practicable, a methodology that al4 lows for the disaggregation of data by age, race, gen5 der, disability status, status as a veteran or member 

6 of the Armed Forces, status as a first generation col7 lege student, and status as a recipient of a Federal 

8 Pell Grant under section 401. 

9 ‘‘(2) Identification of the rigorous evaluation 

10 methods to be used for determining the impact of the 

11 experiment, which shall include, to the extent prac12 ticable— 

13 ‘‘(A) a randomized controlled design; and 

14 ‘‘(B) an assessment of whether the experi15 ment has a differential impact on any group de16 scribed in paragraph (1). 

17 ‘‘(3) A schedule for conducting the experiment in 

18 accordance with the duration limit specified in sub19 section (f). 

20 ‘‘(4) An estimate of the cost of conducting the ex21 periment, to the extent practicable. 

22 ‘‘(5) An estimate of the size of the study sample 

23 (such as the number of participating students or in24 stitutions) needed to determine if the experiment has 

25 statistically significant effects. 

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1 ‘‘(e) LIMITATION PENDING NOTICE TO CONGRESS.— 

2 ‘‘(1) LIMITATION.—The Secretary may not carry 

3 out an experiment at an experimental site under this 

4 section until a period of 60 days has elapsed fol5 lowing the date on which the Secretary submits to the 

6 authorizing committees the notice described in para7 graph (2). 

8 ‘‘(2) NOTICE TO CONGRESS.—The notice de9 scribed in this paragraph is a written notice that in10 cludes— 

11 ‘‘(A) a description of the experiment pro12 posed to be carried out by the Secretary, includ13 ing the rationale for the proposed experiment; 

14 ‘‘(B) the policy-relevant questions the Sec15 retary intends to evaluate through the experi16 ment and an explanation of how the design of 

17 the experiment will allow the Secretary to best 

18 answer those questions; 

19 ‘‘(C) a list of the specific statutory and reg20 ulatory requirements that the Secretary intends 

21 to waive with respect to an institution partici22 pating as an experimental site and the legal au23 thority for such waivers; 

24 ‘‘(D) an explanation of how the statutory 

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1 tion participating as an experimental site is ex2 pected to increase student success, as required 

3 under subsection (a); and 

4 ‘‘(E) a copy of the evaluation plan devel5 oped under subsection (d). 

6 ‘‘(f) DURATION.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the duration of an experiment under this 

9 section shall not exceed a period of four years begin10 ning with the first award year for which Federal fi11 nancial aid is disbursed to students participating in 

12 the experiment. 

13 ‘‘(2) EXTENSION.—The Secretary may extend an 

14 experiment for up to two years beyond the four-year 

15 period specified in paragraph (1) on a case-by-case 

16 basis. 

17 ‘‘(g) DETERMINATION OF SUCCESS.—For the purposes 

18 of subsection (a), the Secretary shall make a determination 

19 of success regarding an institution’s participation as an ex20 perimental site based on— 

21 ‘‘(1) whether, and to what extent, student out22 comes improve as a direct result of the experiment; 

23 ‘‘(2) whether the experimental site improves the 

24 delivery of services to, or otherwise benefitted, stu25 dents; and 

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1 ‘‘(3) the extent to which the experiment reduces 

2 administrative burdens on institutions participating 

3 as experimental sites, as documented in the Sec4 retary’s annual report under subsection (h)(3), with5 out harming students. 

6 ‘‘(h) OUTCOMES REPORTING.— 

7 ‘‘(1) DATA SUBMISSION.—Each institution par8 ticipating as an experimental site shall submit to the 

9 Secretary, on a periodic basis to be determined by the 

10 Secretary, data on outcomes relating to the experi11 ment carried out at the site. 

12 ‘‘(2) REVIEW AND EVALUATION.— 

13 ‘‘(A) IN GENERAL.—Subject to subpara14 graph (B), the Secretary shall review and rigor15 ously evaluate the activities of each institution 

16 participating as an experimental site. 

17 ‘‘(B) EVALUATION METHODOLOGY.—To the 

18 extent practicable, the evaluation under subpara19 graph (A) shall be based on data collected in ac20 cordance with the data collection methodology 

21 specified in the evaluation plan for the experi22 ment under subsection (d)(1). 

23 ‘‘(3) ANNUAL REPORT.—On an annual basis, the 

24 Secretary shall submit to the authorizing committees 

25 a report based on the review and evaluation carried 

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1 out under paragraph (2). Each report shall include, 

2 with respect to each experiment carried out by the 

3 Secretary during the period covered by the report, the 

4 following: 

5 ‘‘(A) A summary of the status of the experi6 ment. 

7 ‘‘(B) A list identifying each institution par8 ticipating as an experimental site. 

9 ‘‘(C) The specific statutory or regulatory 

10 waivers granted to each institution participating 

11 as an experimental site. 

12 ‘‘(D) In a case in which data on the experi13 ment is not collected in accordance with the 

14 methodology specified in the evaluation plan 

15 under subsection (d)(1)— 

16 ‘‘(i) the reasons that such methodology 

17 was not used to collect data on the experi18 ment; and 

19 ‘‘(ii) a description of the alternative 

20 data collection methodology used for the ex21 periment. 

22 ‘‘(E) An evaluation of the quality of data 

23 yielded by the experiment. 

24 ‘‘(F) A summary and analysis of the find25 ings, to date, of the experiment. 

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1 ‘‘(G) An assessment of whether the experi2 ment has had a differential impact on any group 

3 listed in subsection (d)(1). 

4 ‘‘(H) An explanation of any current or fore5 seen barriers to conducting the experiment. 

6 ‘‘(I) In the case of an experiment for which 

7 the Secretary determines there is sufficient value 

8 in continuing the experiment past the duration 

9 limit specified in subsection (f)(1), adequate doc10 umentation to justify such continuation. 

11 ‘‘(4) FINAL REPORT.—Not later than 180 days 

12 after the conclusion of each experiment, the Secretary 

13 shall submit to the authorizing committees a report 

14 that includes the following: 

15 ‘‘(A) A summary of the data yielded by the 

16 experiment, including, to the extent practicable, 

17 data on the results of the experiment 

18 disaggregated by age, race, gender, disability sta19 tus, status as a veteran or member of the Armed 

20 Forces, status as a first generation college stu21 dent, and status as a recipient of a Federal Pell 

22 Grant under section 401. 

23 ‘‘(B) The conclusions reached regarding 

24 each experiment conducted. 

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1 ‘‘(C) Recommendations, based on the results 

2 of the experiment— 

3 ‘‘(i) to improve and streamline rel4 evant statutes, including this Act; and 

5 ‘‘(ii) for improvements to relevant reg6 ulations. 

7 ‘‘(D) An explanation of any changes to reg8 ulations that the Secretary intends to make as a 

9 result of the experiment. 

10 ‘‘(5) PUBLIC AVAILABILITY.—Each report sub11 mitted under paragraphs (3) and (4) shall be made 

12 available on a publicly accessible website of the De13 partment of Education. 

14 ‘‘(i) FAST-TRACK PROCESS TO COMPLY WITH INFOR15 MATION COLLECTION REQUIREMENTS.—The requirements 

16 of section 3507 of title 44, United States Code, shall not 

17 apply to the collection of information by the Department 

18 of Education on experiments carried out in accordance with 

19 this section.’’. 

20 SEC. 4627. ADMINISTRATIVE EXPENSES. 

21 Section 489(a) of the Higher Education Act of 1965 

22 (20 U.S.C. 1096(a)) is amended— 

23 (1) in the second sentence, by striking ‘‘or under 

24 part E of this title’’; and 

25 (2) in the third sentence— 

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1 (A) by inserting ‘‘and’’ after ‘‘subpart 3 of 

2 part A,’’; and 

3 (B) by striking ‘‘compensation of students,’’ 

4 and all that follows through the period and in5 serting ‘‘compensation of students.’’. 

6 SEC. 4628. CRIMINAL PENALTIES FOR MISUSE OF ACCESS 

7 DEVICES. 

8 (a) IN GENERAL.—Section 490 (20 U.S.C. 1097) is 

9 amended by adding at the end the following: 

10 ‘‘(e) ACCESS TO DEPARTMENT OF EDUCATION INFOR11 MATION TECHNOLOGY SYSTEMS FOR FRAUD, COMMERCIAL

12 ADVANTAGE, OR PRIVATE FINANCIAL GAIN.—Any person 

13 who knowingly uses an access device, as defined in section 

14 1029(e)(1) of title 18, United States Code, issued to another 

15 person or obtained by fraud or false statement to access De16 partment information technology systems for purposes of 

17 obtaining commercial advantage or private financial gain, 

18 or in furtherance of any criminal or tortious act in viola19 tion of the Constitution or laws of the United States or of 

20 any State, shall be fined not more than $20,000, imprisoned 

21 for not more than 5 years, or both.’’. 

22 (b) GUIDANCE.—The Secretary shall issue guidance re23 garding the use of access devices in a manner that complies 

24 with this section, and the amendments made by this section. 

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1 (c) EFFECTIVE DATE OF PENALTIES.—The penalties 

2 described in section 490(e) of the Higher Education Act of 

3 1965 (20 U.S.C. 1097), as added by subsection (a), shall 

4 take effect the day after the date on which the Secretary 

5 issues guidance regarding the use of access devices, as de6 scribed in subsection (b). 

7 SEC. 4629. REGIONAL MEETINGS AND NEGOTIATED RULE8 MAKING. 

9 Section 492 of the Higher Education Act of 1965 (20 

10 U.S.C. 1098a) is amended— 

11 (1) in subsection (a)(1), by striking ‘‘students, 

12 institutions of higher education, State student grant 

13 agencies, guaranty agencies, lenders, secondary mar14 kets, loan servicers, guaranty agency servicers, and 

15 collection agencies’’ and inserting ‘‘students and bor16 rowers, consumer representatives, institutions of high17 er education, and contractors responsible for carrying 

18 out student financial assistance programs under this 

19 title’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by striking ‘‘both rep22 resentatives of such groups from Washington, 

23 D.C., and industry participants’’ and inserting 

24 ‘‘representatives that are broadly representative 

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1 of constituencies in different sectors and geo2 graphic locations’’; and 

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

4 ‘‘(3) NEGOTIATED RULEMAKING PROCESS.—In 

5 carrying out a negotiated rulemaking process required 

6 under this section, the Secretary shall— 

7 ‘‘(A) to the extent practicable, comply with 

8 requests from the participants in such negotiated 

9 rulemaking process for data; 

10 ‘‘(B) make publicly available issue papers 

11 and the proposed regulations described in para12 graph (1) in a timely manner that allows for 

13 public review; 

14 ‘‘(C) make video recordings of each nego15 tiated rulemaking session publicly available 

16 through simultaneous transmission; 

17 ‘‘(D) archive the video recordings described 

18 in subparagraph (C) in a publicly available 

19 manner; and 

20 ‘‘(E) make publicly available the transcripts 

21 of each such negotiated rulemaking session.’’. 

22 SEC. 4630. INCOME-BASED REPAYMENT PLAN. 

23 (a) OPTIONS TO ENTER INTO THE NEW FIXED REPAY24 MENT PLAN AND INCOME-BASED REPAYMENT PLAN.—SecVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00814 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tion 493C(b) of the Higher Education Act of 1965 (20 

2 U.S.C. 1098e) is amended— 

3 (1) in paragraph (7)(B)— 

4 (A) by striking ‘‘or’’ at the end of clause 

5 (iv); and 

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

7 ‘‘(vi) has made payments under the in8 come-based repayment plan under section 

9 493C(f); or 

10 ‘‘(vii) has made payments under the 

11 fixed repayment plan described in section 

12 493E;’’; 

13 (2) by amending paragraph (8) to read as fol14 lows: 

15 ‘‘(8) a borrower who is repaying a loan made 

16 under part B or D pursuant to income-based repay17 ment may elect, at any time, to terminate repayment 

18 pursuant to income-based repayment and repay such 

19 loan under the income-based repayment plan under 

20 section 493C(f) or the fixed repayment plan described 

21 in section 493E;’’; 

22 (3) in paragraph (9), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

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

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1 ‘‘(10) a borrower who is repaying a loan made, 

2 insured, or guaranteed under part B or D pursuant 

3 to this section may repay such loan in full at any 

4 time without penalty.’’. 

5 (b) AUTOMATIC RECERTIFICATION OF INCOME FOR IN6 COME-DRIVEN REPAYMENT PLANS.—Section 493C(c) of the 

7 Higher Education Act of 1965 (20 U.S.C. 1098e(c)) is 

8 amended— 

9 (1) by striking ‘‘The Secretary shall establish’’ 

10 and inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary shall estab12 lish’’; 

13 (2) by striking ‘‘The Secretary shall consider’’ 

14 and inserting the following: 

15 ‘‘(2) PROCEDURES FOR ELIGIBILITY.—The Sec16 retary shall— 

17 ‘‘(A) consider’’; and 

18 (3) by striking ‘‘428C(b)(1)(E).’’ and inserting 

19 the following: ‘‘428C(b)(1)(E); and 

20 ‘‘(B) beginning as soon as the Secretary de21 termines practicable after the Secretary finalizes 

22 the procedures required under section 9004 of the 

23 College Affordability Act, but not later than 2 

24 years after the date of enactment of such Act, 

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1 ered loan (as defined in section 455(d)(10)), in2 cluding such borrowers who select, or for whom 

3 the Secretary selects under paragraph (8)(C) or 

4 (9)(C) of subsection (d), or section 428(m)(1), the 

5 income-based repayment plan under subsection 

6 (f), procedures for income-based repayment plans 

7 under this section that are equivalent to the pro8 cedures carried out under section 455(e)(9) with 

9 respect to income contingent repayment plans.’’. 

10 (c) INCOME-BASED REPAYMENT.—Section 493C of the 

11 Higher Education Act of 1965 (20 U.S.C. 1098e) is further 

12 amended by adding at the end the following: 

13 ‘‘(f) INCOME-BASED REPAYMENT FOR NEW LOANS ON

14 AND AFTER JULY 1, 2021, AND FOR BORROWERS WHO

15 ENTER INCOME-BASED REPAYMENT AFTER JUNE 30, 

16 2021.— 

17 ‘‘(1) IN GENERAL.—The income-based repayment 

18 plan under this subsection shall be carried out in ac19 cordance with this section, except as otherwise speci20 fied in this subsection— 

21 ‘‘(A) with respect to any loan made under 

22 part D on or after July 1, 2021, if such borrower 

23 elects such income-based repayment plan for the 

24 loan; and 

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1 ‘‘(B) with respect to any loan made, in2 sured, or guaranteed under part B or D on or 

3 before June 30, 2021, if such borrower elects to 

4 repay the loan under such income-based repay5 ment plan on or after July 1, 2021. 

6 ‘‘(2) SPECIAL TERMS.—Notwithstanding any 

7 other provision of this section, with respect to a loan 

8 described under paragraph (1), the following terms 

9 shall apply to the income-based repayment plan 

10 under this subsection: 

11 ‘‘(A)(i) Notwithstanding subsection 

12 (a)(3)(B), the repayment amount under this sub13 section shall be an amount equal to 10 percent 

14 of the result obtained by calculating, on at least 

15 an annual basis, the amount by which the ad16 justed gross income of the borrower (subject to 

17 clause (ii)) exceeds the applicable percentage of 

18 the poverty line in accordance with clause (iii). 

19 ‘‘(ii)(I) Subject to subclause (II), in the case 

20 of a married borrower (regardless of tax filing 

21 status), clause (i) shall be applied by sub22 stituting ‘the adjusted gross income of the bor23 rower and the borrower’s spouse’ for ‘the adjusted 

24 gross income of the borrower’. 

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1 ‘‘(II) Subclause (I) shall not be applicable 

2 to any borrower who is married and who cer3 tifies to the Secretary through a form approved 

4 by the Secretary that the borrower is— 

5 ‘‘(aa) separated from the spouse of the 

6 borrower; or 

7 ‘‘(bb) unable to reasonably access the 

8 income information the spouse of such bor9 rower. 

10 ‘‘(iii) For purposes of clause (i), the term 

11 ‘applicable percentage’ means 250 percent of the 

12 poverty line applicable to the borrower’s family 

13 size (as determined under section 673(2) of the 

14 Community Services Block Grant Act (42 U.S.C. 

15 9902(2)))— 

16 ‘‘(I) reduced by 10 percentage points 

17 for each $1,000 by which the borrower’s ad18 justed gross income (in the case of a single 

19 borrower) exceeds $80,000; and 

20 ‘‘(II) reduced by 10 percentage points 

21 for each $2,000 by which the borrower’s ad22 justed gross income (in the case of a mar23 ried borrower (regardless of filing status)), 

24 exceeds $160,000. 

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1 ‘‘(B) Subsection (b)(7)(B) shall apply by 

2 substituting ‘20 years’ for ‘25 years’. 

3 ‘‘(C) A borrower of such a loan may elect, 

4 and remain enrolled in, the income-based repay5 ment plan under this subsection regardless of— 

6 ‘‘(i) whether such borrower has a par7 tial financial hardship; and 

8 ‘‘(ii) the income level of the borrower. 

9 ‘‘(D) Notwithstanding subparagraph (A) of 

10 subsection (b)(6), a borrower’s monthly pay11 ment— 

12 ‘‘(i) shall be equal to the repayment 

13 amount determined under subparagraph 

14 (A) divided by 12; and 

15 ‘‘(ii) may exceed the monthly repay16 ment amount under a standard 10-year re17 payment plan or a fixed repayment plan 

18 described in section 493E. 

19 ‘‘(E) Subparagraph (B) of subsection (b)(3) 

20 shall not apply. 

21 ‘‘(F) Subsection (d) shall not apply. 

22 ‘‘(G) In the case of a Federal Direct Con23 solidation Loan made on or after the date of en24 actment of the College Affordability Act that is 

25 being repaid under this subsection, any monthly 

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1 payment made pursuant to any repayment plan 

2 listed in subsection (b)(7)(B) on a loan for which 

3 the liability has been discharged by the proceeds 

4 of such consolidation loan shall be treated as a 

5 monthly payment under this subsection on the 

6 portion of such consolidation loan that is attrib7 utable to such discharged loan, except that in the 

8 case of a subsequent consolidation loan, for pur9 poses of this clause— 

10 ‘‘(i) any monthly payment made on 

11 the first consolidation loan or any other 

12 loan for which the liability has been dis13 charged by such subsequent consolidation 

14 loan shall be applicable; and 

15 ‘‘(ii) any monthly payment made on a 

16 loan for which the liability has been dis17 charged by such first consolidation loan 

18 shall not be applicable. 

19 ‘‘(3) ADDITIONAL SPECIAL TERMS FOR CERTAIN

20 BORROWERS.—A borrower described in paragraph 

21 (1)(B)— 

22 ‘‘(A) may— 

23 ‘‘(i) choose to continue repayment pur24 suant to the repayment plan in which the 

25 borrower is enrolled on June 30, 2021; or 

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1 ‘‘(ii) make a one-time election to— 

2 ‘‘(I) terminate repayment pursu3 ant to the repayment plan described in 

4 clause (i) and enter the income-based 

5 repayment plan under this subsection; 

6 or 

7 ‘‘(II) terminate repayment pursu8 ant to the repayment plan described in 

9 clause (i) and enter a fixed repayment 

10 plan described in section 493E; and 

11 ‘‘(B) who makes an election under subpara12 graph (A)(ii), shall not repay a loan described 

13 in paragraph (1)(B) under a repayment plan 

14 that is not an income-based repayment plan 

15 under this subsection or a fixed repayment plan 

16 described in section 493E. 

17 ‘‘(4) WRITTEN, ELECTRONIC, OR VERBAL EN18 ROLLMENT IN INCOME-BASED REPAYMENT.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall de20 velop and implement a process that is consistent 

21 with any procedures (including verification pro22 cedures) established under subsection (c), which 

23 enables a covered borrower of a loan made under 

24 part D who desires to elect to repay such loan 

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1 section to make such election through written, 

2 electronic, or verbal notice to the Secretary. 

3 ‘‘(B) COVERED BORROWER DEFINED.—In 

4 this paragraph, the term ‘covered borrower’ 

5 means a borrower of a loan made under part D 

6 who— 

7 ‘‘(i) is enrolled in the fixed repayment 

8 plan under section 493E; or 

9 ‘‘(ii) has not yet selected a repayment 

10 plan. 

11 ‘‘(g) SPECIAL RULE FOR REFINANCED LOANS.— 

12 ‘‘(1) REFINANCED FEDERAL DIRECT AND FFEL

13 LOANS.—In calculating the period of time during 

14 which a borrower of a loan that is refinanced under 

15 section 460A has made monthly payments for pur16 poses of subsection (b)(7), the Secretary shall include 

17 each month in which a monthly payment was made 

18 for the original loan or the refinanced loan, if such 

19 monthly payment otherwise meet the requirements of 

20 this section. 

21 ‘‘(2) FEDERAL DIRECT REFINANCED PRIVATE

22 LOANS.—In calculating the period of time during 

23 which a borrower of a Federal Direct Refinanced Pri24 vate Loan under section 460B has made monthly 

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1 payments for purposes of subsection (b)(7), the Sec2 retary shall include only payments— 

3 ‘‘(A) that are made after the date of the 

4 issuance of the Federal Direct Refinanced Pri5 vate Loan; and 

6 ‘‘(B) that otherwise meet the requirements of 

7 this section.’’. 

8 SEC. 4631. FIXED REPAYMENT PLAN. 

9 Part G of title IV of the Higher Education Act of 1965 

10 (20 U.S.C. 1088 et seq.) is further amended by adding at 

11 the end the following: 

12 ‘‘SEC. 493E. FIXED REPAYMENT PLAN. 

13 ‘‘(a) IN GENERAL.—A borrower of a loan made under 

14 this part on or after July 1, 2021, and a borrower who 

15 is in repayment on a loan made, insured, or guaranteed 

16 under part B or part D before July 1, 2021, may elect to 

17 repay such loan under the fixed repayment plan described 

18 in this section. 

19 ‘‘(b) FIXED REPAYMENT PLAN.—Under the fixed re20 payment plan, a borrower whose total outstanding amount 

21 of principal and interest on such a loan (as of the day be22 fore entering repayment on such loan)— 

23 ‘‘(1) is equal to or less than $20,000, shall repay 

24 such loan with a fixed monthly repayment amount 

25 paid over a period of 10 years; 

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1 ‘‘(2) is more than $20,000 and less than $30,000, 

2 shall repay such loan with a fixed monthly repay3 ment amount paid over a period of— 

4 ‘‘(A) 15 years; or 

5 ‘‘(B) the period described in paragraph (1), 

6 if the borrower elects such period; 

7 ‘‘(3) is equal to or greater than $30,000, and less 

8 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 College 

23 Affordability Act that is being repaid under this section, 

24 any monthly payment made pursuant to any repayment 

25 plan listed in section 493C(b)(7)(B) on a loan for which 

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1 the liability has been discharged by the proceeds of such con2 solidation loan shall be treated as a monthly payment 

3 under this section on the portion of such consolidation loan 

4 that is attributable to such discharged loan, except that in 

5 the case of a subsequent consolidation loan, for purposes of 

6 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. 4632. REQUIRING A COMMON MANUAL FOR LOAN 

15 SERVICERS. 

16 Part G of title IV of the Higher Education Act of 1965 

17 (20 U.S.C. 1088 et seq.), as amended by this part, is further 

18 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 Sec23 retary shall develop a manual of common procedures and 

24 policies for entities with which the Secretary enters into 

25 contracts for the origination, servicing, and collection of 

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1 covered loans, to standardize procedures to ensure consist2 ency of quality and practice across such entities, and a 

3 minimum standard of quality and practice, to ensure that 

4 borrowers, including individuals pursuing public service 

5 loan forgiveness under section 455(m) and teachers, are well 

6 served. 

7 ‘‘(b) UPDATES.—The Secretary shall update the man8 ual under subsection (a) as frequently as may be necessary, 

9 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; and 

15 ‘‘(3) loans referred, transferred, or assigned to 

16 the Secretary under part E.’’. 

17 SEC. 4633. REMOVAL OF RECORD OF DEFAULT. 

18 Part G of title IV of the Higher Education Act of 1965 

19 (20 U.S.C. 1088 et seq.), as amended by the preceding sec20 tions, is further amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 493G. REMOVAL OF RECORD OF DEFAULT. 

23 ‘‘(a) IN GENERAL.—Upon repaying in full the amount 

24 due on a defaulted loan made, insured, or guaranteed under 

25 this title, the Secretary, guaranty agency, or other holder 

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1 of the loan shall request any consumer reporting agency to 

2 which the Secretary, guaranty agency, or holder, as appli3 cable, reported the default of the loan, to remove any adverse 

4 item of information relating to such loan from the bor5 rower’s credit history. 

6 ‘‘(b) RETROACTIVE APPLICATION.—With respect to a 

7 borrower that, prior to the date of enactment of the College 

8 Affordability Act, repaid in full the amount due on a de9 faulted loan made, insured, or guaranteed under this title, 

10 the Secretary, guaranty agency, or holder that reported the 

11 default of the loan to a consumer reporting agency shall 

12 request that such consumer reporting agency remove any 

13 adverse item of information relating to such loan from the 

14 borrower’s credit history, upon receiving a request from the 

15 borrower for such removal.’’. 

16 SEC. 4634. AMENDMENTS TO TERMS AND CONDITIONS OF 

17 BORROWER DEFENSES. 

18 (a) IN GENERAL.—Part G of title IV of the Higher 

19 Education Act of 1965 (20 U.S.C. 1088 et seq.), as amended 

20 by the preceding sections, is further amended by adding at 

21 the end the following: 

22 ‘‘SEC. 493H. BORROWER DEFENSES. 

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of State or Federal law, a defense to repayment of a 

25 loan under this title includes— 

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1 ‘‘(1) a substantial misrepresentation; 

2 ‘‘(2) an act or omission that would give rise to 

3 a cause of action against an institution of higher edu4 cation under applicable State law, to the extent that 

5 such act or omission relates to— 

6 ‘‘(A) a loan received by a borrower under 

7 this title; or 

8 ‘‘(B) educational services for which such a 

9 loan was received; or 

10 ‘‘(3) such further acts or omissions that the Sec11 retary determines to be appropriate in accordance 

12 with subsection (b). 

13 ‘‘(b) REGULATIONS.—The Secretary shall specify in 

14 regulations which further acts or omissions of an institution 

15 of higher education a borrower may assert as a defense to 

16 repayment of a loan made under this title. 

17 ‘‘(c) SECRETARIAL DETERMINATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall deter19 mine whether a borrower is entitled to relief under 

20 this section based on all evidence available to the Sec21 retary. 

22 ‘‘(2) EVIDENTIARY STANDARD.—A borrower shall 

23 be entitled to relief under this section if a preponder24 ance of the evidence available to the Secretary dem25 onstrates that the borrower is entitled to such relief. 

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1 ‘‘(3) INDEPENDENT DETERMINATION.—A deter2 mination under paragraph (1) shall be independent 

3 of any action that the Secretary may take to recoup 

4 funds from the institution of higher education impli5 cated by the borrower defense claim. 

6 ‘‘(d) PROCEDURES FOR REVIEW AND RESOLUTION OF

7 CLAIMS.— 

8 ‘‘(1) PROCEDURES REQUIRED.—The Secretary 

9 shall establish procedures for the fair and expeditious 

10 review and resolution of borrower defense claims 

11 brought under this section. In establishing such proce12 dures, the Secretary shall— 

13 ‘‘(A) provide a fair process for the review 

14 and resolution of borrower defense claims, which 

15 shall include procedures for the consideration of 

16 borrower defense claims on behalf of groups of 

17 similarly situated borrowers without requiring 

18 each borrower in the group to submit a separate 

19 claim; 

20 ‘‘(B) review a borrower defense claim at 

21 any time without regard to the repayment status 

22 of any loan subject to such claim; 

23 ‘‘(C) allow a legal representative to bring a 

24 borrower defense claim— 

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1 ‘‘(i) on behalf of an individual bor2 rower; or 

3 ‘‘(ii) on behalf of a group of similarly 

4 situated borrowers; and 

5 ‘‘(D) specify a fixed timeframe for the reso6 lution of borrower defense claims, except that— 

7 ‘‘(i) such timeframe shall not exceed a 

8 12-month period beginning on the day on 

9 which a borrower submits such a claim 

10 under this section; and 

11 ‘‘(ii) a borrower defense claim that was 

12 submitted to the Secretary before the date of 

13 enactment of the College Affordability Act 

14 that has not been resolved as of such date of 

15 enactment, shall be resolved not later than 

16 12 months after such date of enactment. 

17 ‘‘(2) DEFERMENT DURING PENDENCY OF

18 CLAIMS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), a loan made under this title that is 

21 subject to a pending borrower defense claim shall 

22 be placed in deferment status, during which peri23 odic installments of principal need not be paid 

24 and interest shall not accrue (or shall be paid by 

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1 the Secretary), without regard to whether such 

2 loan is in default. 

3 ‘‘(B) OPT OUT.—The borrower of a loan 

4 subject to deferment under subparagraph (A) 

5 may opt out of such deferment at any time dur6 ing the pendency of the borrower defense claim. 

7 ‘‘(C) SUSPENSION OF CREDIT REPORTING

8 AND COLLECTION.—The Secretary shall suspend 

9 all adverse credit reporting and collection activ10 ity, including offsets and garnishments, with re11 spect to any loan in default that is subject to a 

12 deferment under subparagraph (A). 

13 ‘‘(f) TERMS OF RELIEF.— 

14 ‘‘(1) IN GENERAL.—If the Secretary determines 

15 under subsection (c) that a borrower is entitled to re16 lief, the Secretary shall, subject to paragraph (2)— 

17 ‘‘(A) cancel or repay all or a portion of the 

18 balance of interest and principal due on any 

19 loan subject to the claim for relief; and 

20 ‘‘(B) return to the borrower an amount not 

21 in excess of the total amount of payments made 

22 on the loan by the borrower. 

23 ‘‘(2) CANCELLATION OF DEBT AND RETURN OF

24 PAYMENTS.— 

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1 ‘‘(A) SUBSTANTIAL MISREPRESENTATION

2 CLAIMS.—If the Secretary determines that a bor3 rower is entitled to relief based on a claim of 

4 substantial misrepresentation, the Secretary 

5 shall— 

6 ‘‘(i) cancel or repay the full balance of 

7 interest and principal due on any loan sub8 ject to the claim; and 

9 ‘‘(ii) return to the borrower an amount 

10 equal to the total amount of payments made 

11 on the loan by the borrower. 

12 ‘‘(B) OTHER CLAIMS.—If the Secretary de13 termines that a borrower is entitled to relief 

14 based on a claim other than substantial mis15 representation, there shall be a presumption that 

16 the Secretary will cancel or repay the full bal17 ance of principal and interest due on the loan 

18 and return the full amount of payments made by 

19 the borrower as described in subparagraph (A). 

20 If the Secretary determines that full cancellation 

21 or repayment of the debt and return of all funds 

22 paid on the loan is not appropriate in a par23 ticular case, the Secretary shall provide the bor24 rower with a written explanation as to why parVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00833 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tial cancellation or repayment, or the partial re2 turn of funds is appropriate. 

3 ‘‘(g) APPEALS.—Upon a determination by the Sec4 retary to deny a borrower defense claim under this section, 

5 the borrower may file an appeal with the Department. The 

6 Secretary shall develop and implement a standardized proc7 ess for the treatment of appeals under this subsection. 

8 ‘‘(h) REFILING OF CLAIMS.—A borrower whose claim 

9 was denied under this section may refile the claim for good 

10 cause, which may include— 

11 ‘‘(1) the availability of substantial evidence that 

12 was not available to the Secretary at the time the ini13 tial claim was denied; 

14 ‘‘(2) the emergence of facts or circumstances that 

15 may have substantially altered the Secretary’s origi16 nal treatment of the initial claim; and 

17 ‘‘(3) such other factors as may be determined by 

18 the Secretary. 

19 ‘‘(i) DESIGNATION OF PERSONNEL.—The Secretary 

20 shall designate qualified personnel within the Department 

21 whose principal responsibility shall be the processing of bor22 rower defense claims submitted under his section. 

23 ‘‘(j) AVAILABILITY OF INFORMATION TO BOR24 ROWERS.— 

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1 ‘‘(1) BORROWER REQUESTS FOR INFORMA2 TION.—At the request of a borrower, the Secretary 

3 shall identify and provide to the borrower or the legal 

4 representative of the borrower any records the Sec5 retary is considering as part of the borrower’s claim. 

6 ‘‘(2) STATUS OF CLAIM.—The Secretary shall es7 tablish a process under which each borrower with a 

8 claim pending under this section shall be notified of 

9 the status of the pending claim not fewer than once 

10 every 90 days. 

11 ‘‘(3) INFORMATION FROM INSTITUTIONS.—The 

12 Secretary may request documents and other informa13 tion relating to a borrower defense claim from an in14 stitution of higher education. An institution that re15 ceives a request for information from the Secretary 

16 under this subsection shall provide the information to 

17 the Secretary at such time, in such form, and in such 

18 manner as the Secretary may direct. 

19 ‘‘(k) QUARTERLY REPORTS.— 

20 ‘‘(1) IN GENERAL.—Not less than once every fis21 cal quarter, the Secretary shall submit to the author22 izing committees a report that includes the following: 

23 ‘‘(A) The total number of claims submitted 

24 to the Secretary pursuant to this subsection in 

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1 the fiscal quarter covered by the report and in 

2 all previous fiscal quarters. 

3 ‘‘(B) Of the claims described in subpara4 graph (A)— 

5 ‘‘(i) the number of claims that remain 

6 pending; 

7 ‘‘(ii) the number of claims that were 

8 denied by the Secretary, and the total dollar 

9 amount of such claims; and 

10 ‘‘(iii) the number of claims that were 

11 approved by the Secretary, and the total 

12 dollar amount of such claims. 

13 ‘‘(2) DISAGGREGATION.—The information de14 scribed in subparagraphs (A) and (B) of paragraph 

15 (1) shall be disaggregated by State and institution of 

16 higher education (except that such disaggregation 

17 shall not be required in a case in which the results 

18 would reveal personally identifiable information 

19 about an individual borrower). 

20 ‘‘(3) PUBLIC AVAILABILITY.—The information 

21 included in each report submitted under paragraph 

22 (A) shall be made available on a publicly accessible 

23 website of the Department. 

24 ‘‘(l) DEFINITIONS.—In this section: 

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1 ‘‘(1) The term ‘legal representative’ means a li2 censed attorney working on behalf of a borrower or a 

3 group of borrowers, including— 

4 ‘‘(A) a State attorney general; and 

5 ‘‘(B) an attorney employed by a State agen6 cy, a Federal agency, or a nonprofit organiza7 tion that is qualified to provide legal representa8 tion to borrowers. 

9 ‘‘(2) The term ‘substantial misrepresentation’ 

10 has the meaning given that term in section 

11 487(c)(3)(C).’’. 

12 (b) CONFORMING AMENDMENT.—Subsection (h) of sec13 tion 455 of the Higher Education Act of 1965 (20 U.S.C. 

14 1087e) is repealed. 

15 SEC. 4635. ON-TIME REPAYMENT RATES. 

16 Part G of title IV of the Higher Education Act of 1965 

17 (20 U.S.C. 1088 et seq.), as amended by the preceding sec18 tions, is further amended by adding at the end the fol19 lowing: 

20 ‘‘SEC. 493I. ON-TIME REPAYMENT RATES. 

21 ‘‘(a) CALCULATION OF ON-TIME REPAYMENT RATES.— 

22 ‘‘(1) ON-TIME REPAYMENT RATE DEFINED.— 

23 ‘‘(A) IN GENERAL.—The term ‘on-time re24 payment rate’ means for any fiscal year in 

25 which 30 or more current and former students at 

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1 an institution have been in repayment for 3 

2 years on any covered loan received for attend3 ance at the institution, the percentage of such 

4 current and former students who have paid at 

5 least 90 percent of the monthly payments on 

6 such loan during such 3-year repayment period. 

7 ‘‘(B) SMALL COHORTS.—For any fiscal year 

8 in which fewer than 30 of an institution’s cur9 rent and former students have been in repayment 

10 for 3 years, the term ‘on-time repayment rate’ 

11 means the percentage of such current and former 

12 students who entered their 3rd year of repayment 

13 on any covered loan received for attendance at 

14 the institution in any of the 3 most recent fiscal 

15 years and who have paid at least 90 percent of 

16 the monthly payments on such loan during such 

17 3-year repayment period. 

18 ‘‘(2) ADDITIONAL REQUIREMENTS FOR RATE DE19 TERMINATION.— 

20 ‘‘(A) MULTIPLE INSTITUTIONS.—In the case 

21 of a student who has attended and borrowed a 

22 covered loan for attendance at more than one in23 stitution, the student (and such student’s subse24 quent repayment or monthly payment on such 

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1 ance at which the student received such loan for 

2 which the student entered the 3rd year of repay3 ment in the fiscal year for which the on-time re4 payment rate is being determined. 

5 ‘‘(B) TREATMENT OF CONSOLIDATION

6 LOANS.—For purposes of determining whether a 

7 student is in repayment (or has paid a monthly 

8 payment) on a loan under section 428C or a 

9 Federal Direct Consolidation Loan, only the por10 tion of such loan that is used to repay a covered 

11 loan received for attendance at the institution 

12 whose on-time repayment rate is being deter13 mined shall be considered for purposes of such 

14 rate. 

15 ‘‘(3) DETERMINATION OF WHEN MONTHLY PAY16 MENT IS PAID.—For purposes of determining the on17 time repayment rate of an institution, a student shall 

18 be considered to have paid a monthly payment on a 

19 covered loan if one of the following applies: 

20 ‘‘(A) The amount of such monthly payment 

21 has been paid not later than 30 days after the 

22 date on which such monthly payment is due, ex23 cept that a monthly payment by the institution, 

24 such institution’s owner, agent, contractor, em25 ployee, or any other entity or individual affiliVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00839 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ated with such institution made on behalf of a 

2 student who is not employed by the institution 

3 shall not be considered a paid monthly payment 

4 on such loan. 

5 ‘‘(B) The monthly payment amount due on 

6 such loan is equal to zero. 

7 ‘‘(C) The full amount due on the loan has 

8 been repaid or the liability on the loan has been 

9 otherwise discharged under this Act. 

10 ‘‘(D) The student is in a period of 

11 deferment, other than— 

12 ‘‘(i) a deferment due to an economic 

13 hardship described section 427(a)(2)(C)(iii), 

14 428(b)(1)(M)(iv), or 455(f)(2)(D); or 

15 ‘‘(ii) a deferment due to unemployment 

16 described in section 427(a)(2)(C)(ii), 

17 428(b)(1)(M)(ii), or 455(f)(2)(B)). 

18 ‘‘(E) The student is in one of the following 

19 periods of forbearance (as applicable to loans 

20 made, insured, or guaranteed under part B or 

21 this title): 

22 ‘‘(i) Medical or dental internship or 

23 residency forbearance under subclause (I) of 

24 section 428(c)(3)(A)(i). 

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1 ‘‘(ii) National service forbearance 

2 under subclause (III) of section 

3 428(c)(3)(A)(i). 

4 ‘‘(iii) Forbearance for active duty serv5 ice in the Armed Forces under subclause 

6 (IV) of section 428(c)(3)(A)(i). 

7 ‘‘(iv) Forbearance for National Guard 

8 Duty under section 428(c)(3)(B). 

9 ‘‘(v) Forbearance due to military mobi10 lization or other local or national emer11 gency as authorized by the Secretary under 

12 section 685.205(b)(8) of title 34, Code of 

13 Federal Regulations (as in effect on the date 

14 of enactment of the College Affordability 

15 Act). 

16 ‘‘(vi) Teacher loan forgiveness forbear17 ance under section 682.213(e) or 

18 685.205(a)(5) of title 34, Code of Federal 

19 Regulations (as in effect on the date of en20 actment of the College Affordability Act). 

21 ‘‘(4) PARTICIPATION RATE.— 

22 ‘‘(A) IN GENERAL.—An institution that 

23 demonstrates to the Secretary that the institu24 tion’s participation rate is equal to or less than 

25 20 percent for any of the 3 most recent fiscal 

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1 years for which data is available shall not be 

2 subject to subsection (b). 

3 ‘‘(B) DETERMINATION.—For purposes of 

4 this paragraph, the term ‘participation rate’ 

5 means the percentage of the institution’s regular 

6 students, enrolled on at least a half-time basis, 

7 who received a covered loan for a 12-month pe8 riod ending during the 6 months immediately 

9 preceding the fiscal year for which the cohort of 

10 borrowers used to calculate the institution’s on11 time loan repayment rate is determined. 

12 ‘‘(C) DATA.—An institution shall provide 

13 the Secretary with sufficient data to determine 

14 the institution’s participation rate within 30 

15 days after receiving an initial notification of the 

16 institution’s draft on-time repayment rate. 

17 ‘‘(D) NOTIFICATION.—Prior to publication 

18 of a final on-time repayment rate for an institu19 tion that provides the data described in subpara20 graph (C), the Secretary shall notify the institu21 tion of the institution’s compliance or non22 compliance with subparagraph (A). 

23 ‘‘(b) DETERMINATION OF ELIGIBILITY BASED ON RE24 PAYMENT RATES AND INSTRUCTIONAL SPENDING

25 AMOUNTS.— 

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1 ‘‘(1) INELIGIBILITY.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraphs (C) and (D), beginning on the 

4 date that is one year after the date on which the 

5 final on-time repayment rates are published by 

6 the Secretary for not less than 3 fiscal years, an 

7 institution shall not be eligible to participate in 

8 a program under this title for the fiscal year for 

9 which the determination under this subpara10 graph is made and for the two succeeding fiscal 

11 years, if the Secretary determines the following 

12 with respect to such institution— 

13 ‘‘(i) the on-time repayment rate of such 

14 institution is less than any threshold on15 time repayment rate specified under sub16 paragraph (B) for period determined ap17 propriate by the Secretary for such thresh18 old rate; and 

19 ‘‘(ii) with respect to any of the 3 most 

20 recent institutional fiscal years for which 

21 the institution submits to the Secretary dis22 closures on the expenditures of the institu23 tion on instruction for purposes of section 

24 132(i)(1)(AA), the amount expended by 

25 such institution on instruction for such fisVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00843 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cal year is less than 1/3 of the institution’s 

2 revenues derived from tuition and fees. 

3 ‘‘(B) THRESHOLD RATES.—For purposes of 

4 determinations under subparagraph (A)(i), the 

5 Secretary shall specify 1 or more threshold on6 time repayment rates, which rates— 

7 ‘‘(i) shall require that a significant 

8 percentage of students who have been in re9 payment for 3 years on a covered loan re10 ceived for attendance at an institution of 

11 higher education have paid at least 90 per12 cent of the monthly payments on such cov13 ered loan during such 3-year repayment pe14 riod; and 

15 ‘‘(ii) may be applicable with respect to 

16 a period of 1 or more fiscal years, as deter17 mined appropriate for such a rate. 

18 ‘‘(C) EXCEPTIONS FOR CERTAIN CAT19 EGORIES OF EDUCATIONAL PROGRAMS.— 

20 ‘‘(i) EXCEPTIONS FOR CERTAIN CAT21 EGORIES OF EDUCATIONAL PROGRAMS.— 

22 With respect to an institution that loses eli23 gibility to participate in a program under 

24 this title in accordance with paragraph (1), 

25 such institution may request and be granted 

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1 an exception to such loss of eligibility for a 

2 category of educational programs at such 

3 institution by demonstrating to the Sec4 retary that the on-time loan repayment rate 

5 for such category of educational programs is 

6 greater than the threshold percentage speci7 fied under paragraph (1)(B) for each fiscal 

8 year of the period on which such loss of eli9 gibility for the institution is based. 

10 ‘‘(ii) DETERMINATIONS.—In deter11 mining the on-time loan repayment rate for 

12 a category of educational programs, sub13 section (a)(1) shall be applied— 

14 ‘‘(I) in subparagraph (A), by sub15 stituting ‘received for enrollment in the 

16 category of educational programs for 

17 which such rate is being determined’ 

18 for ‘received for attendance at the in19 stitution’; and 

20 ‘‘(II) as if the following were 

21 added at the end of such paragraph: 

22 ‘‘ ‘(C) MULTIPLE CATEGORIES OF EDU23 CATIONAL PROGRAMS.—In the case of a student 

24 who has received a covered loan for enrollment in 

25 more than one category of educational programs, 

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1 the student (and such student’s subsequent repay2 ment or monthly payment on such covered loan) 

3 is attributed to the last category of educational 

4 programs in which such student was enrolled.’. 

5 ‘‘(D) APPEALS.—Not later than 60 days of 

6 receiving notification from the Secretary of the 

7 loss of eligibility under subparagraph (A), the 

8 institution may appeal the loss of its eligibility 

9 under subsection (c). 

10 ‘‘(2) REPAYMENT MANAGEMENT PLAN REQUIRE11 MENT FOR CERTAIN INSTITUTIONS.— 

12 ‘‘(A) IN GENERAL.—Beginning on the date 

13 that is one year after the date on which the final 

14 on-time repayment rates are published by the 

15 Secretary for not less than 3 fiscal years, an in16 stitution shall be subject to the requirements of 

17 subparagraph (B), if the Secretary determines 

18 the following with respect to such institution— 

19 ‘‘(i) the on-time repayment rate of such 

20 institution is less than any threshold on21 time repayment rate specified under para22 graph (1)(B) for period determined appro23 priate by the Secretary for such threshold 

24 rate; and 

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1 ‘‘(ii) for each of the 3 most recent in2 stitutional fiscal years for which the institu3 tion submits to the Secretary disclosures on 

4 the expenditures of the institution on in5 struction for purposes of section 

6 132(i)(1)(AA), the amount expended by the 

7 institution for instructional spending is 

8 greater than or equal to an amount equal to 

9 1/3 of the amount of revenue derived from 

10 tuition and fees. 

11 ‘‘(B) REPAYMENT MANAGEMENT PLAN.—An 

12 institution subject to the requirements of this 

13 subparagraph, shall— 

14 ‘‘(i) not later than 6 months after the 

15 determination under subparagraph (A), 

16 submit to the Secretary a repayment man17 agement plan which the Secretary, in the 

18 Secretary’s discretion, after consideration of 

19 the institution’s history, resources, expendi20 tures, and targets for improving on-time re21 payment, determines— 

22 ‘‘(I) is acceptable and is in the 

23 best interests of students; and 

24 ‘‘(II) provides reasonable assur25 ance that the institution will have an 

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1 on-time repayment rate that exceeds 

2 the on-time threshold referred to in 

3 subparagraph (A)(i) after a reasonable 

4 period; 

5 ‘‘(ii) engage an independent third6 party to provide technical assistance in im7 plementing such repayment management 

8 plan; and 

9 ‘‘(iii) provide to the Secretary, on an 

10 annual basis or at such other intervals as 

11 the Secretary may require, evidence of on12 time repayment rate improvement and suc13 cessful implementation of such repayment 

14 management plan. 

15 ‘‘(c) APPEALS.— 

16 ‘‘(1) SECRETARIAL REQUIREMENTS.—The Sec17 retary shall issue a decision on any appeal submitted 

18 by an institution under subsection (b)(1)(D) not later 

19 than 45 days after its submission. Such decision may 

20 permit the institution to continue to participate in a 

21 program under this title if— 

22 ‘‘(A) the institution demonstrates to the sat23 isfaction of the Secretary that the Secretary’s 

24 calculation of its on-time repayment rate is not 

25 accurate, and that recalculation would increase 

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1 its on-time repayment rate above the applicable 

2 threshold percentage specified in subsection 

3 (b)(1)(B) for the period on which the determina4 tion of the institution’s ineligibility under sub5 section (b)(1)(A) was based; 

6 ‘‘(B) the institution demonstrates to the sat7 isfaction of the Secretary that there has been im8 proper loan servicing, which, if remedied, would 

9 increase its on-time repayment rate above the 

10 applicable threshold percentage specified in sub11 section (b)(1)(B) for the period on which the de12 termination of the institution’s ineligibility 

13 under subsection (b)(1)(A) was based; 

14 ‘‘(C) there are, in the judgment of the Sec15 retary, exceptional mitigating circumstances that 

16 would make the application of this section in17 equitable; 

18 ‘‘(D) for each of the 3 most recent fiscal 

19 years for which the institution submits to the 

20 Secretary disclosures on expenditures for pur21 poses of section 132(i)(1)(AA), the sum of the ex22 penditures on instruction and student services of 

23 the institution is equal to an amount greater 

24 than or equal to 50 percent of the institution’s 

25 revenues derived from tuition and fees, and the 

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1 institution complies with the requirements of 

2 subsection (b)(2)(B). 

3 ‘‘(2) INSTITUTIONAL REQUIREMENTS.—If an in4 stitution continues to participate in a program under 

5 this title, and the institution’s appeal of the loss of 

6 eligibility is unsuccessful, the institution shall be re7 quired to pay to the Secretary an amount equal to the 

8 amount of interest, special allowance, reinsurance, 

9 and any related payments made by the Secretary (or 

10 which the Secretary is obligated to make) with respect 

11 to covered loans to students attending, or planning to 

12 attend, that institution during the pendency of such 

13 appeal. During such appeal, the Secretary may per14 mit the institution to continue to participate in a 

15 program under this title. 

16 ‘‘(d) REGULATIONS.—The Secretary shall prescribe 

17 regulations designed to prevent an institution from evading 

18 the application to that institution of a on-time repayment 

19 rate determination under this section through the use of 

20 such measures as branching, consolidation, change of own21 ership or control, or any similar device. 

22 ‘‘(e) PUBLICATION.—The Secretary shall publish not 

23 less often than once every fiscal year (by September 30 of 

24 each year) a report— 

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1 ‘‘(1) for each category of institution, and for 

2 each institution for which an on-time repayment rate 

3 is determined under this section— 

4 ‘‘(A) with respect to the preceding fiscal 

5 year— 

6 ‘‘(i) the on-time repayment rate for 

7 such institution; 

8 ‘‘(ii) the on-time repayment rate for 

9 each category of educational programs; and 

10 ‘‘(iii) the number of students on which 

11 the rates described in clauses (i) and (ii) 

12 are based; and 

13 ‘‘(B) 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)— 

17 ‘‘(i) the amount of the institution’s ex18 penditures on instruction; 

19 ‘‘(ii) the amount of revenue derived 

20 from tuition and fees by the institution; 

21 and 

22 ‘‘(iii) the quotient of the amount de23 scribed in clause (i) divided by the amount 

24 described in clause (ii), expressed as a per25 centage; and 

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1 ‘‘(2) each on-time repayment rate used for calcu2 lating each of the threshold rates under subsection 

3 (b)(1)(B) for the period determined appropriate by 

4 the Secretary for such threshold rate under such sub5 section. 

6 ‘‘(f) DEFINITIONS.—In this section: 

7 ‘‘(1) CATEGORY OF EDUCATIONAL PROGRAMS.— 

8 The term ‘category of educational programs’ has the 

9 meaning given the term in section 435(a)(9)(E). 

10 ‘‘(2) CATEGORY OF INSTITUTION.—The term ‘cat11 egory of institution’ includes— 

12 ‘‘(A) four-year public institutions; 

13 ‘‘(B) four-year private nonprofit institu14 tions; 

15 ‘‘(C) four-year proprietary institutions; 

16 ‘‘(D) two-year public institutions; 

17 ‘‘(E) two-year private nonprofit institu18 tions; 

19 ‘‘(F) two-year proprietary institutions; 

20 ‘‘(G) less-than-two year public institutions; 

21 ‘‘(H) less-than-two year private nonprofit 

22 institutions; and 

23 ‘‘(I) less-than-two year proprietary institu24 tions. 

25 ‘‘(3) COVERED LOAN.— 

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1 ‘‘(A) IN GENERAL.—The term ‘covered loan’ 

2 means a loan made, insured, or guaranteed 

3 under part B or D (other than an excepted 

4 PLUS Loan or an excepted consolidation Loan). 

5 ‘‘(B) EXCEPTED PLUS LOAN; EXCEPTED

6 CONSOLIDATION LOAN.—The terms ‘excepted 

7 PLUS Loan’ and ‘excepted consolidation Loan’ 

8 have the meanings given such terms in section 

9 493C(a). 

10 ‘‘(4) STUDENT SERVICES.—The term ‘student 

11 services’ has the meaning given the term in section 

12 498E(a)(2).’’. 

13 PART H—PROGRAM INTEGRITY 

14 Subpart 1—State Role 

15 SEC. 4701. STATE RESPONSIBILITIES. 

16 Section 495(a) of the Higher Education Act of 1965 

17 (20 U.S.C. 1099a(a)) is amended— 

18 (1) in paragraph (2)— 

19 (A) by inserting ‘‘and the accrediting agen20 cy or association involved’’ after ‘‘Secretary’’; 

21 (B) by striking ‘‘revokes a license’’ and in22 serting ‘‘takes a negative action, or revokes a li23 cense,’’; and 

24 (C) by striking ‘‘and’’ at the end; 

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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting a semicolon; and 

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

4 ‘‘(4) evaluate each institution of higher edu5 cation located in the State or seeking authorization to 

6 operate in the State to determine if such institution 

7 of higher education meets the applicable standards of 

8 the State relating to— 

9 ‘‘(A) facilities, equipment, and supplies; 

10 and 

11 ‘‘(B) measures of program length and other 

12 factors relevant for a student or graduate to re13 ceive a professional license from the State; 

14 ‘‘(5) certify to the Secretary that the State 

15 shall— 

16 ‘‘(A) accept student complaints from— 

17 ‘‘(i) all students attending an institu18 tion of higher education located in the 

19 State; and 

20 ‘‘(ii) all students who are residents of 

21 the State and attend an institution of high22 er education not located in the State 

23 through correspondence or distance edu24 cation; and 

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1 ‘‘(B) report to the Secretary and accrediting 

2 bodies— 

3 ‘‘(i) relevant student complaints re4 ceived by the State, including multiple stu5 dent complaints that present consistent alle6 gations with respect to an institution of 

7 higher education in the State; and 

8 ‘‘(ii) such other complaints the Sec9 retary determines necessary; and 

10 ‘‘(6) establish policies and procedures to antici11 pate and respond to the closure of an institution of 

12 higher education, which shall include— 

13 ‘‘(A) the maintenance of sufficient cash re14 serves (or an equivalent alternative) in accord15 ance with regulations issued pursuant to section 

16 498(c)(6)(A) to ensure repayment of any re17 quired refunds; 

18 ‘‘(B) a plan to address ensuring custodial 

19 record-keeping of institutional records and stu20 dent transcripts in the case of such a closure; 

21 ‘‘(C) the maintenance of contact informa22 tion adequate to ensure communication directly 

23 between the State and each student in the case 

24 of such a closure; and 

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1 ‘‘(D) in the case of an institution of higher 

2 education located in the State, to develop a proc3 ess to identify when a campus of such institution 

4 of higher education closes in any State.’’. 

5 Subpart 2—Accrediting Agency Recognition 

6 SEC. 4711. ACCREDITING AGENCY RECOGNITION OF ELIGI7 BLE JOB TRAINING PROGRAMS. 

8 Section 496(a)(4) of the Higher Education Act of 1965 

9 (20 U.S.C. 1099b(a)(4)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘and’’ after 

11 the semicolon; and 

12 (2) 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 addi19 tion to meeting the other requirements of this 

20 subpart, demonstrate to the Secretary that, with 

21 respect to such eligible job training program— 

22 ‘‘(i) the agency or association’s stand23 ards include a process for determining if the 

24 institution has the capability to effectively 

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1 provide an eligible job training program; 

2 and 

3 ‘‘(ii) the agency or association requires 

4 a demonstration that the program— 

5 ‘‘(I) has identified each recognized 

6 postsecondary credential offered and 

7 the corresponding industry or sector 

8 partnership that actively recognizes 

9 each credential in the State or local 

10 area in which the job training pro11 gram 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 employers; 

17 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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1 find employment in such sectors 

2 or occupations; and’’. 

3 SEC. 4712. ACCREDITING AGENCY RECOGNITION OF INSTI4 TUTIONS ENROLLING INCARCERATED INDI5 VIDUALS. 

6 Section 496(a)(4) of the Higher Education Act of 1965 

7 (20 U.S.C. 1099b(a)(4)) is further amended by adding at 

8 the end the following: 

9 ‘‘(D) if such agency or association accredits 

10 or seeks to accredit institutions of higher edu11 cation that seek to award Federal Pell Grants 

12 under section 401(n) to incarcerated individuals 

13 for a course of study at such institution, such 

14 agency or association shall, in addition to meet15 ing the other requirements of this subpart, dem16 onstrate to the Secretary that— 

17 ‘‘(i) the agency or association’s stand18 ards include a process for determining if the 

19 institution has the capability to effectively 

20 offer such a course of study to incarcerated 

21 individuals; and 

22 ‘‘(ii) the agency or association requires 

23 a demonstration that— 

24 ‘‘(I) such course of study is taught 

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1 tials comparable to the experience and 

2 credentials of faculty who teach courses 

3 of study available to non-incarcerated 

4 students enrolled at the institution; 

5 ‘‘(II) academic credits earned by 

6 incarcerated individuals for completion 

7 of a course of study are treated by the 

8 institution as the equivalent to credits 

9 earned by non-incarcerated students 

10 for an equivalent course; 

11 ‘‘(III) the institution provides suf12 ficient educational content and re13 sources to students enrolled in such a 

14 course of study that are, to the extent 

15 practicable, consistent with the edu16 cational content and resources avail17 able to non-incarcerated students; and 

18 ‘‘(IV) the institution has the ca19 pacity, staffing, and expertise to pro20 vide incarcerated individuals with the 

21 support and advising services nec22 essary to select and successfully par23 ticipate in such a course of study and, 

24 to the extent practicable, with support 

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1 upon reentry (including career and 

2 academic advising);’’. 

3 SEC. 4713. REQUIREMENTS FOR ACCREDITING AGENCY 

4 RECOGNITION. 

5 (a) WORKING GROUP; RULEMAKING.— 

6 (1) WORKING GROUP.— 

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 working 

10 group comprised of individuals specified in sub11 paragraph (B), to establish a common glossary 

12 of measures (and a definition for each such 

13 measure)— 

14 (i) that, for purposes of section 

15 496(a)(5)(A) of the Higher Education Act of 

16 1965 (20 U.S.C. 1099b(a)(5)(A))— 

17 (I) accrediting agencies or asso18 ciations may use to assess each of the 

19 outcomes described in subparagraph 

20 (C); 

21 (II) shall not restrict accrediting 

22 agencies or associations from estab23 lishing, in accordance with such sec24 tion 496(a)(5)(A), other measures to 

25 assess such outcomes; 

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1 (III) shall not include perform2 ance benchmarks or other thresholds 

3 with respect to such measures; and 

4 (IV) provides accrediting agencies 

5 or associations described in subpara6 graphs (A)(i) and (C)(ii) of section 

7 496(a)(2) (20 U.S.C. 1099b(a)(2)) with 

8 enough flexibility for adequate assess9 ment of such outcomes; and 

10 (ii) that may include measures (and 

11 definitions for such measures) set forth 

12 under the Integrated Postsecondary Edu13 cation Data Survey, the postsecondary data 

14 system established under section 132(l), or a 

15 successor system; 

16 (iii) to which future working groups 

17 which meet the requirements of this para18 graph may add additional measures; and 

19 (iv) that the Secretary of Education 

20 shall not have the authority to approve. 

21 (B) COMPOSITION.—The working group es22 tablished under subparagraph (A) shall be of suf23 ficient size to ensure that a full range of relevant 

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1 resented on the panel and shall include, at a 

2 minimum, the following members: 

3 (i) Representatives of national, re4 gional, and specialized accrediting agencies 

5 and associations that shall be nominated for 

6 inclusion on the panel by such representa7 tives. 

8 (ii) Representatives of diverse postsec9 ondary institutions, which shall include 

10 representation between 2-year and 4-year 

11 institutions of higher education, and from 

12 public, nonprofit, and proprietary institu13 tions of higher education, including minor14 ity-serving institutions. 

15 (iii) The Commissioner of the National 

16 Center for Education Statistics or the Com17 missioner’s representative. 

18 (iv) Student advocate representatives 

19 familiar with the accreditation process. 

20 (C) OUTCOMES.—The outcomes described in 

21 this subparagraph are as follows: 

22 (i) Completion (which may include 

23 measures such as graduation rates and 

24 rates of transfer). 

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1 (ii) Progress toward completion (which 

2 may include measures such as retention 

3 rates and credit accumulation). 

4 (iii) Workforce participation (which 

5 may include measures such as rates of licen6 sure and job placement). 

7 (2) RULEMAKING.—Not later than 1 year after 

8 the date of enactment of this Act, the Secretary of 

9 Education shall initiate a negotiated rule-making— 

10 (A) to develop procedures for identifying the 

11 representative member institutions an accred12 iting agency or association shall use to dem13 onstrate to the Secretary, for purposes of the Sec14 retary’s review and evaluation of the perform15 ance of such agency or association under section 

16 496(n)(1) of the Higher Education Act of 1965 

17 (20 U.S.C. 1099b(n)(1)), as amended by this sec18 tion, that such accrediting agency or associa19 tion— 

20 (i) consistently applies and enforces 

21 standards; and 

22 (ii) effectively evaluates the quality of 

23 education or training offered by the institu24 tions of higher education accredited by such 

25 agency or association; and 

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1 (B) for purposes of section 496 of the High2 er Education Act of 1965 (20 U.S.C. 1099b), as 

3 amended by this section, to— 

4 (i) establish definitions for the terms 

5 related to sanctions, adverse actions, and 

6 any other action that an accrediting agency 

7 or association may take with respect to an 

8 institution of higher education under such 

9 section (including monitoring, notice, warn10 ing, probation, show cause, denial, with11 drawal, suspension, revocation, accredita12 tion, and preaccreditation); and 

13 (ii) in a case in which any action de14 fined in clause (i) is taken by an accred15 iting agency or association with respect to 

16 an institution of higher education, establish 

17 notice and disclosure requirements for such 

18 agency or association and institution of 

19 higher education with respect to the public 

20 (including students), as long as such re21 quirements are consistent with the require22 ments of subsections (a)(7) and (c)(7) of sec23 tion 496 of the Higher Education Act of 

24 1965 (20 U.S.C. 1099b). 

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1 (b) AMENDMENTS.—Section 496 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1099b) is further amended— 

3 (1) in subsection (a)— 

4 (A) in paragraph (3)(A), by inserting before 

5 the semicolon at the end the following: ‘‘, and 

6 any institution described in clauses (i) through 

7 (v) of subsection (b)(1)(B)’’; 

8 (B) in paragraph (5), by striking subpara9 graphs (A) through (J) and inserting the fol10 lowing: 

11 ‘‘(A) success with respect to student achieve12 ment in relation to the institution’s mission (ex13 cept that the agencies and associations described 

14 in paragraph (2)(A)(ii) shall not be subject to 

15 this subparagraph), which— 

16 ‘‘(i) shall be assessed using at least 1 

17 measure selected by the agency or associa18 tion from the glossary of measures estab19 lished and defined under section 4713(a)(1) 

20 of the College Affordability Act, or estab21 lished by the agency or association, for each 

22 of the following outcomes— 

23 ‘‘(I) completion; 

24 ‘‘(II) progress toward completion; 

25 and 

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1 ‘‘(III) workforce participation; 

2 ‘‘(ii) may be assessed using different 

3 measures selected or established under clause 

4 (i) for different institutions; 

5 ‘‘(iii) for each measure selected or es6 tablished under clause (i), shall be assessed 

7 using a single performance benchmark es8 tablished by the agency or association, ex9 cept that an accrediting agency or associa10 tion may establish a different performance 

11 benchmark for such a measure for each cat12 egory of educational programs (as defined 

13 in section 435(a)(9)(E)); and 

14 ‘‘(iv) in the case of an institution de15 fined in section 101(a), may include consid16 eration of— 

17 ‘‘(I) the historical significance of 

18 the institution; and 

19 ‘‘(II) whether the institution is 

20 one of the only physical locations at 

21 which postsecondary education is pro22 vided in the geographic area; 

23 ‘‘(B) student achievement outcomes, 

24 disaggregated by the elements required in the 

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1 clauses (I) through (X) of section 132(l)(2)(C)(ii) 

2 to facilitate institutional improvement and yield 

3 statistically reliable information that does not 

4 reveal personally identifiable information about 

5 an individual student; 

6 ‘‘(C) credentials, including consideration of 

7 the non-monetary value accruing to students 

8 pursuing such credentials; 

9 ‘‘(D) curricula, including— 

10 ‘‘(i) other than for the agencies and as11 sociations described in paragraph 

12 (2)(A)(ii), program length; 

13 ‘‘(ii) course sequencing; and 

14 ‘‘(iii) objectives related to 

15 credentialing; 

16 ‘‘(E) faculty; 

17 ‘‘(F) student support services; 

18 ‘‘(G) recruiting and admissions practices, 

19 academic calendars, catalogues, publications, 

20 and grading; and 

21 ‘‘(H) fiscal and administrative capacity 

22 (which shall include the institution’s governance) 

23 as appropriate to the specified scale of oper24 ations;’’; 

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1 (C) by redesignating paragraphs (6) 

2 through (8) as paragraphs (7) through (9), re3 spectively; and 

4 (D) by inserting after paragraph (5) the fol5 lowing: 

6 ‘‘(6) such agency or association shall make avail7 able on a publicly accessible website, up-to-date infor8 mation on— 

9 ‘‘(A) the institutions that are subject to the 

10 jurisdiction of such agency or association; 

11 ‘‘(B) the measures used to assess each of the 

12 outcomes described in subclauses (I) through 

13 (III) of paragraph (5)(A)(i); 

14 ‘‘(C) the performance benchmark established 

15 for each measure selected by the agency or asso16 ciation under paragraph (5)(A), the rationale for 

17 the establishment of such performance bench18 mark, and how such benchmarks are factored 

19 into the accreditation process; 

20 ‘‘(D) the process such agency or association 

21 follows when an institution subject to the juris22 diction of such agency or association does not 

23 meet an accreditation standard under section 

24 496(a)(5); and 

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1 ‘‘(E) any sanction or adverse action taken 

2 with respect to an institution and the reason for 

3 such sanction or adverse action;’’; 

4 (E) in paragraph (8), as so redesignated, by 

5 striking ‘‘30 days’’ and inserting ‘‘10 days’’; 

6 (F) by amending paragraph (9), as so re7 designated, to read as follows: 

8 ‘‘(9) such agency or association shall— 

9 ‘‘(A) make available on its public website, 

10 and to the Secretary, and the State licensing or 

11 authorizing agency, a summary (including the 

12 decision and rationale for such decision) of any 

13 review resulting in a final accrediting decision 

14 involving denial, termination, or suspension of 

15 accreditation, together with the comments of the 

16 affected institution; and 

17 ‘‘(B) ensure that each institution that is the 

18 subject of a final accrediting decision described 

19 in subparagraph (A) makes available on its pub20 lic website the summary described in subpara21 graph (A) (including the decision and rationale 

22 for such decision) with respect to such institution 

23 and the institution’s comments; and’’. 

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

25 ‘‘(10) such agency or association shall— 

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1 ‘‘(A) ensure that any substantive change to 

2 the educational mission or a program of an in3 stitution after the agency or association has ac4 credited or preaccredited the institution does not 

5 adversely affect the capacity of the institution to 

6 continue to meet the standards of such agency or 

7 association; 

8 ‘‘(B) require such an institution to obtain 

9 the approval of such agency or association with 

10 respect to such substantive change before the 

11 agency or association includes the change in the 

12 scope of accreditation or preaccreditation pre13 viously granted to the institution by such agency 

14 or association; and 

15 ‘‘(C) make public and report to the Sec16 retary any decision made under subparagraph 

17 (B) and the rationale of such decision.’’; 

18 (2) by striking subsection (b) and inserting the 

19 following: 

20 ‘‘(b) SEPARATE AND INDEPENDENT DEFINED.—For 

21 the purpose of subsection (a)(3), the term ‘separate and 

22 independent’ means that— 

23 ‘‘(1) the members of the postsecondary education 

24 governing body and any other decision-making body 

25 of the accrediting agency or association are not— 

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1 ‘‘(A) elected or selected by the board or chief 

2 executive officer of any related, associated, or af3 filiated trade association or membership organi4 zation; or 

5 ‘‘(B) individuals (such as executives and 

6 owners of an institution) who exercise substan7 tial control over an institution— 

8 ‘‘(i) that is required to provide the Sec9 retary with satisfactory evidence of its fi10 nancial responsibility in accordance with 

11 paragraph (3)(A) of section 498(c) because 

12 the institution fails to meet criteria under 

13 paragraphs (1) and (2) of such section, ex14 cept that this clause shall not be applicable 

15 to an institution until the Secretary has 

16 completed the rulemaking required under 

17 section 4721(b) of the College Affordability 

18 Act; 

19 ‘‘(ii) that is on a reimbursement pay20 ment method pursuant to section 

21 487(c)(1)(B); 

22 ‘‘(iii) against which the Secretary is 

23 initiating or carrying out an emergency ac24 tion in accordance with section 

25 487(c)(1)(G); 

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1 ‘‘(iv) against which the Secretary is 

2 limiting, suspending, or terminating the in3 stitution’s participation in any program 

4 under this title in accordance with section 

5 487(c)(1)(F); or 

6 ‘‘(v) that is on probation or show 

7 cause, or that is not accredited by an ac8 crediting agency or association; 

9 ‘‘(2) among the membership of the board of the 

10 accrediting agency or association there shall be 1 pub11 lic member for each 4 members of the board, with a 

12 minimum of 1 such public member, and guidelines 

13 are established for such members to avoid conflicts of 

14 interest, including guidelines ensuring that each such 

15 public member— 

16 ‘‘(A) is selected to serve on such board in 

17 the same manner that other board members are 

18 selected for such service; 

19 ‘‘(B) has not served on such board as a non20 public member in the preceding 10 years; 

21 ‘‘(C) is not (or has not been in the pre22 ceding 5-year period) a full-time employee of, or 

23 a member of the governing board, an owner, or 

24 shareholder of, or consultant to, an institution or 

25 program that— 

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1 ‘‘(i) is accredited or preaccredited by 

2 the agency or association; or 

3 ‘‘(ii) has applied for accreditation or 

4 preaccreditation from such agency or asso5 ciation; 

6 ‘‘(D) is not a member of any trade associa7 tion or membership organization related to, af8 filiated with, or associated with the agency or 

9 association or an institution that is accredited 

10 by such agency or association; and 

11 ‘‘(E) is not a spouse, parent, child, or sib12 ling of an individual identified in subparagraph 

13 (C) or (D); 

14 ‘‘(3) dues to the accrediting agency or associa15 tion are paid separately from any dues paid to any 

16 related, associated, or affiliated trade association or 

17 membership organization; and 

18 ‘‘(4) the budget of the accrediting agency or asso19 ciation is developed and determined by the accred20 iting agency or association without review or resort 

21 to consultation with any other entity or organiza22 tion.’’; 

23 (3) in subsection (c)— 

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1 ing distance education and the history and mis2 sion of the institutions reviewed’’; 

3 (B) in paragraph (2)— 

4 (i) by inserting ‘‘and decline’’ after 

5 ‘‘the growth’’; and 

6 (ii) by inserting before the semicolon at 

7 the end the following: ‘‘or decline’’; and 

8 (C) by amending paragraph (3) to read as 

9 follows: 

10 ‘‘(3) requires an institution to submit for ap11 proval to the accrediting agency or association a 

12 teach-out plan (as defined in section 487(f)(2)) and 

13 which shall meet the requirements of such agency or 

14 association) upon the occurrence of any of the fol15 lowing events: 

16 ‘‘(A) the Secretary notifies the agency or as17 sociation that the Secretary has determined 

18 under section 498(c) that the institution does not 

19 have the financial responsibility required by this 

20 title, except that this subparagraph shall not be 

21 applicable to an institution until the Secretary 

22 has completed the rulemaking required under 

23 section 4721(b) of the College Affordability Act; 

24 ‘‘(B) the Secretary notifies the agency of a 

25 determination by the institution’s independent 

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1 auditor expressing doubt with the institution’s 

2 ability to operate as a going concern or indi3 cating an adverse opinion or finding of material 

4 weakness related to financial stability, except 

5 that this subparagraph shall not apply with re6 spect to a public institution; 

7 ‘‘(C) the agency or association acts to place 

8 an institution on probation, show cause, or 

9 equivalent status; or 

10 ‘‘(D) the Secretary notifies the agency that 

11 the institution is participating in title IV under 

12 a provisional program participation agree13 ment;’’; 

14 (D) by amending paragraph (6) to read as 

15 follows: 

16 ‘‘(6) requires that teach-out agreements among 

17 institutions are subject to approval by the accrediting 

18 agency or association consistent with standards pro19 mulgated by such agency or association, and that 

20 such an agreement shall be required and subject to 

21 such approval upon the occurrence of any of the fol22 lowing events: 

23 ‘‘(A) the Secretary notifies the agency or as24 sociation that— 

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1 ‘‘(i) the Secretary has placed the insti2 tution on the reimbursement payment meth3 od pursuant to section 487(c)(1)(B); and 

4 ‘‘(ii) the institution fails to meet cri5 teria prescribed by the Secretary regarding 

6 ratios that demonstrate financial responsi7 bility as described in section 498(c)(2); 

8 ‘‘(B) the Secretary notifies the accrediting 

9 agency or association that the Secretary has ini10 tiated— 

11 ‘‘(i) an emergency action against the 

12 institution pursuant to section 

13 487(c)(1)(G); or 

14 ‘‘(ii) an action under section 

15 487(c)(1)(F) to limit, suspend, or terminate 

16 the participation of the institution in any 

17 program under this title; 

18 ‘‘(C) the accrediting agency or association 

19 acts to withdraw, terminate, or suspend the ac20 creditation of the institution; 

21 ‘‘(D) the institution notifies the accrediting 

22 agency or association that the institution intends 

23 to cease operations; 

24 ‘‘(E) the institution notifies the accrediting 

25 agency or association that the institution intends 

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1 to close a location that provides one hundred 

2 percent of at least one program; or 

3 ‘‘(F) pursuant to section 495, the State no4 tifies the accrediting agency or association that 

5 an institution’s license or legal authorization to 

6 operate within the State has been or will be re7 voked;’’; 

8 (E) in paragraph (7), by inserting ‘‘not 

9 later than 10 days after taking an action de10 scribed in this paragraph,’’ before ‘‘makes avail11 able’’; 

12 (F) in paragraph (9), by striking the period 

13 at the end and inserting ‘‘; and’’; and 

14 (G) by adding at the end the following: 

15 ‘‘(10) responds to complaints received with re16 spect to an institution during the period which the 

17 accrediting agency or association accredits such insti18 tution not later than 30 days after receiving the com19 plaint (including complaints shared with the agency 

20 or association by the Secretary or a State agency 

21 under section 495), monitors and assesses an institu22 tion’s record of student complaints during such pe23 riod, and submits the complaints relevant to the Sec24 retary and to the State agency involved.’’; 

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1 (4) in subsection (m), by adding at the end the 

2 following: ‘‘Nothing in this section shall prohibit the 

3 Secretary from implementing a process of recognition 

4 under this section which differs for the accrediting 

5 agencies or associations described in subsection 

6 (a)(2)(A)(ii) for the purposes of participation in pro7 grams (other than the programs under this Act) ad8 ministered by the Department or other Federal agen9 cies if such differentiation would be beneficial to tax10 payers and the performance of such agencies or asso11 ciations.’’; and 

12 (5) in subsection (n)— 

13 (A) in paragraph (1)— 

14 (i) in the second sentence of the matter 

15 preceding subparagraph (A), by inserting 

16 before the period the following: ‘‘, which 

17 shall include information on at least one in18 stitution of higher education representing 

19 each of the sectors subject to the jurisdiction 

20 of the accrediting agency or association (in21 cluding public, nonprofit, and proprietary, 

22 as applicable) of the representative member 

23 institutions’’; and 

24 (ii) in subparagraph (A), by inserting 

25 before the semicolon the following: ‘‘, and for 

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1 purposes of facilitating such third-party in2 formation, the Secretary shall make pub3 licly available the application of the accred4 iting agency or association seeking recogni5 tion by the Secretary upon publishing in 

6 the Federal Register the solicitation for such 

7 third-party information’’; and 

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

9 ‘‘(5) In the case in which an official of the Department 

10 (other than the Secretary) makes a decision on the recogni11 tion of an accrediting agency or association that differs 

12 from the recommendation made by the National Advisory 

13 Committee on Institutional Quality and Integrity on such 

14 recognition, without regard to whether any appeals process 

15 with respect to such decision has been concluded, the official 

16 shall submit to the authorizing committees the rationale 

17 and evidence for such decision. 

18 ‘‘(6) During the first 90-day period of each fiscal year, 

19 the Secretary shall submit to the authorizing committees the 

20 following information with respect to the preceding fiscal 

21 year— 

22 ‘‘(A) information about each accrediting agency 

23 that the Secretary reviews and evaluates under this 

24 subsection; 

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1 ‘‘(B) the recommendation of the National Advi2 sory Committee on Institutional Quality and Integ3 rity about whether to recognize such accrediting agen4 cy or association and the rationale for such rec5 ommendation; 

6 ‘‘(C) in the case in which an official of the De7 partment (other than the Secretary) makes a decision 

8 on the recognition of such accrediting agency or asso9 ciation (without regard to whether any appeals proc10 ess with respect to such decision has been concluded), 

11 such decision and the rationale for such decision; and 

12 ‘‘(D) the final decision of the Secretary on the 

13 recognition of such accrediting agency or association 

14 and the rationale for such final decision.’’; and 

15 (6) by adding at the end the following: 

16 ‘‘(r) EVALUATION OF QUALITY AND ACHIEVEMENT

17 MEASURES.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall direct 

19 the National Advisory Committee on Institutional 

20 Quality and Integrity to— 

21 ‘‘(A) regularly evaluate the effectiveness of 

22 the measures selected and the performance bench23 marks established by accrediting agencies and 

24 associations under subsection (a)(5)(A); and 

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1 ‘‘(B) compare similarly situated accrediting 

2 agencies or associations, whose similarity may 

3 not be determined solely by the educational sector 

4 to which the institutions being evaluated belong, 

5 based on the measures and performance bench6 marks used in subsection (a)(5)(A) by such agen7 cies and associations. 

8 ‘‘(2) REVISING PERFORMANCE BENCHMARKS.— 

9 The Secretary may require an accrediting agency or 

10 association to review and revise a performance bench11 mark established by such agency or association if the 

12 Secretary determines that such performance bench13 mark is too low for the measure for which such bench14 mark is established. 

15 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

16 subsection shall be construed to give the Secretary 

17 that authority to require the use of a specific perform18 ance benchmark by an accrediting agency or associa19 tion for purposes of subsection (a)(5)(A). 

20 ‘‘(s) REPORT ON RECOGNIZED INSTITUTIONAL

21 ACCREDITORS REQUIRED.—Not later than 180 days after 

22 the date of the enactment of the College Affordability Act, 

23 and annually thereafter, the Secretary shall publish a re24 port that includes with respect to each accrediting agency 

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1 or association recognized under this section by the Sec2 retary, the following: 

3 ‘‘(1) The number of institutions of higher edu4 cation evaluated by such accrediting agency or asso5 ciation in each educational sector. 

6 ‘‘(2) The number of locations of such institutions 

7 of higher education. 

8 ‘‘(3) The number of students enrolled at such in9 stitutions of higher education. 

10 ‘‘(4) The number of students receiving a Federal 

11 Pell Grant at such institutions of higher education in 

12 the preceding year. 

13 ‘‘(5) The total amount of Federal student aid re14 ceived by students enrolled at such institutions of 

15 higher education in the preceding year. 

16 ‘‘(6) The graduation rates of such institutions of 

17 higher education. 

18 ‘‘(7) The median earnings of students 10 years 

19 after enrollment. 

20 ‘‘(8) The number of institutions placed on a re21 imbursement payment method pursuant to section 

22 487(c)(1)(B). 

23 ‘‘(t) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to prohibit an institution of higher 

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1 sistent with the requirements of subsections (h), (i), and 

2 (l)(2), from an accrediting agency or association that is ac3 crediting a branch campus of such institution in the State 

4 in which the institution is located.’’. 

5 Subpart 3—Program Review and Data 

6 SEC. 4721. ELIGIBILITY AND CERTIFICATION PROCEDURES. 

7 (a) FINANCIAL RESPONSIBILITY STANDARDS.—Section 

8 498 of the Higher Education Act of 1965 (20 U.S.C. 1099c) 

9 is amended— 

10 (1) in subsection (b)— 

11 (A) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (5), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

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

16 ‘‘(6) includes an addendum under which an in17 stitution of higher education shall report a change in 

18 circumstances described in subparagraph (A)(ii) or 

19 clauses (ii) or (iii) of subparagraph (B) of subsection 

20 (c)(8), not later than 30 days after the date on which 

21 such change in circumstance occurs.’’; 

22 (2) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (B), by striking 

25 ‘‘and’’ at the end; 

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1 (ii) in subparagraph (C), by striking 

2 the period at the end and inserting ‘‘; and’’ 

3 ; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(D) the institution is not an institution de7 scribed in paragraph (7)(B).’’; 

8 (B) in paragraph (3)— 

9 (i) by redesignating subparagraphs (C) 

10 and (D) as subparagraphs (D) and (E), re11 spectively; and 

12 (ii) by inserting after subparagraph 

13 (B) the following: 

14 ‘‘(C) such institution has a rating of investment 

15 grade or above from a recognized credit rating agen16 cy;’’; and 

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

18 ‘‘(7) PROHIBITED FINANCIAL RESPONSIBILITY

19 DETERMINATIONS.— 

20 ‘‘(A) IN GENERAL.—The Secretary may not 

21 determine that an institution has the financial 

22 responsibility required by this title if such insti23 tution is an institution described in subpara24 graph (B). 

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1 ‘‘(B) SPECIFIED INSTITUTION.—An institu2 tion described in this subparagraph is— 

3 ‘‘(i) a private non-profit institution of 

4 higher education or a proprietary institu5 tion of higher education (as defined in sec6 tion 102(b)) 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 

11 2 fiscal years, has an adjusted cohort 

12 default rate (as determined under sec13 tion 435(m)) of 20 percent or greater, 

14 unless the institution files a challenge, 

15 request for adjustment, or appeal 

16 under section 435(a) with respect to 

17 such rates for one or both of such fiscal 

18 years; or 

19 ‘‘(III) is subject to a number of 

20 pending or approved borrower relief 

21 claims under section 493H from bor22 rowers that equals or exceeds, with re23 spect to the prior academic year, half 

24 of the enrollment of full-time equiva25 lent students at such institution; 

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1 ‘‘(ii) a proprietary institution of high2 er education (as defined in section 102(b)) 

3 that— 

4 ‘‘(I) is publicly traded; and 

5 ‘‘(II)(aa) is sanctioned by the Se6 curities and Exchange Commission; 

7 ‘‘(bb) fails to file a required 

8 annual or quarterly report with 

9 the Securities and Exchange Com10 mission; or 

11 ‘‘(cc) the stock of which is 

12 delisted; or 

13 ‘‘(iii) a proprietary institution of high14 er education (as defined in section 

15 102(b))— 

16 ‘‘(I) that derived, for any award 

17 year beginning on or after July 1, 

18 2022, more than 85 percent of the rev19 enue of the institution from Federal 

20 education assistance funds; or 

21 ‘‘(II) fails to meet criteria pre22 scribed by the Secretary regarding ra23 tios that demonstrate financial respon24 sibility, and has any withdrawal of 

25 owner’s equity from the institution by 

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1 any means, including by declaring a 

2 dividend. 

3 ‘‘(8) CHANGE IN CIRCUMSTANCES.— 

4 ‘‘(A) REQUIRED REDETERMINATION.— 

5 ‘‘(i) IN GENERAL.—In the case of a 

6 private non-profit institution of higher edu7 cation or a proprietary institution of higher 

8 education (as defined in section 102(b)) that 

9 submits an addendum described in clause 

10 (ii) or (iii) to the Secretary, the Secretary 

11 shall, not later than 30 days after such ad12 dendum is submitted, redetermine whether 

13 such institution meets the requirements of 

14 this subsection. 

15 ‘‘(ii) SPECIFIED CIRCUMSTANCES.—An 

16 institution of higher education shall submit 

17 an addendum under subsection (b)(6) if, 

18 with respect to such institution of higher 

19 education, one of the following occurs: 

20 ‘‘(I) The institution is required to 

21 pay any material debt, as determined 

22 by the Secretary, or incur any mate23 rial liability, as determined by the 

24 Secretary, arising from a final judg25 ment in a judicial proceeding, an adVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00887 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ministrative proceeding or determina2 tion, or settlement. 

3 ‘‘(II) The institution is involved 

4 in a lawsuit that is brought on or after 

5 the date of the enactment of College Af6 fordability Act by a Federal or State 

7 authority for financial relief on claims 

8 related to the making of loans under 

9 part D of title IV. 

10 ‘‘(III) Such other circumstance 

11 the Secretary determines necessary. 

12 ‘‘(iii) GAINFUL EMPLOYMENT DETER13 MINATION BY SECRETARY.—An institution 

14 of higher education shall submit an adden15 dum under subsection (b)(6) if the Secretary 

16 makes a determination that such institution 

17 has programs that could become ineligible 

18 under gainful employment (as defined in 

19 section 104) in the next award year. 

20 ‘‘(B) PERMISSIBLE REDETERMINATION.— 

21 ‘‘(i) REDETERMINATION.—In the case 

22 of an institution that submits an addendum 

23 under clause (ii), the Secretary may, not 

24 later than 30 days after such addendum is 

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1 tution meets the requirements of this sub2 section. 

3 ‘‘(ii) SPECIFIED CIRCUMSTANCES.— 

4 The Secretary shall require an institution 

5 to submit an addendum under subsection 

6 (b)(6) if the Secretary makes a determina7 tion— 

8 ‘‘(I) that the Secretary will likely 

9 receive a significant number of bor10 rower relief claims under section 493H 

11 as the result of a lawsuit, settlement, or 

12 judgement against the institution; or 

13 ‘‘(II) that the institution experi14 enced one of the following: 

15 ‘‘(aa) A significant fluctua16 tion in enrollments between con17 secutive award years or a period 

18 of award years. 

19 ‘‘(bb) A citation by a State 

20 licensing or authorizing agency 

21 for failing State or agency re22 quirements. 

23 ‘‘(cc) High annual drop out 

24 rates. 

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1 ‘‘(dd) Pending borrower relief 

2 claims under section 493H. 

3 ‘‘(C) FINANCIAL CIRCUMSTANCES MATE4 RIALS.—If the institution’s financial cir5 cumstances materially change after the institu6 tion submits an addendum under subsection 

7 (b)(6), such institution shall submit to the Sec8 retary such certified financial statements and 

9 other information as the Secretary may require. 

10 ‘‘(9) TRANSPARENCY.—Beginning not later than 

11 90 days after the date of the enactment of this para12 graph, and not less than once every 120 days there13 after, the Secretary shall make publicly available on 

14 the website of the Department the following: 

15 ‘‘(A) The ratios used to demonstrate finan16 cial responsibility under this section. 

17 ‘‘(B) Each reports made to the Secretary 

18 under this section. 

19 ‘‘(C) Each audited financial statement sub20 mitted to the Secretary by an institution of high21 er education under this section. 

22 ‘‘(D) Each certified financial statement sub23 mitted to the Secretary under paragraph 

24 (8)(C).’’; and 

25 (3) in subsection (i)(2)— 

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1 (A) in subparagraph (E), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (F), by striking the 

4 period at the end and inserting ‘‘; or’’; and 

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

6 ‘‘(G) the transfer of ownership as a result of a 

7 court-ordered receivership.’’. 

8 (b) RULEMAKING.—Not 1 year after the date of enact9 ment of this Act, the Secretary of Education shall carry 

10 out a negotiated rulemaking to update the criteria used 

11 under section 498(c)(2) of the Higher Education Act of 1965 

12 (20 U.S.C. 1099c) to make a determination of the ability 

13 of an institution of higher education to meet the standards 

14 under such section in accordance with the amendments 

15 made by this section. 

16 (c) AUDITS.—Not later than 2 years after the criteria 

17 used under section 498(c)(2) of the Higher Education Act 

18 of 1965 (20 U.S.C. 1099c) is updated under subsection (b), 

19 and every 2 years thereafter, the Inspector General of De20 partment of Education shall conduct audits of such criteria 

21 to ensure that the criteria meets generally accepted account22 ing principles. 

23 SEC. 4722. PROGRAM REVIEW AND DATA. 

24 Section 498A of the Higher Education Act of 1965 (20 

25 U.S.C. 1099c-1) is amended— 

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1 (1) in subsection (a)(2), by striking subpara2 graph (A) and inserting the following: 

3 ‘‘(A) institutions with an adjusted cohort 

4 default rate for loans under part D in excess of 

5 18 percent or which places such institutions in 

6 the highest 25 percent of such institutions;’’; 

7 (2) by redesignating subsections (c) through (e) 

8 as subsections (d) through (f), respectively; and 

9 (3) by inserting after subsection (b) the fol10 lowing: 

11 ‘‘(c) UNDERCOVER OPERATIONS.—In carrying out 

12 paragraphs (1) and (2) of subsection (a) and any other rel13 evant provisions of this subpart, the Secretary— 

14 ‘‘(1) shall conduct undercover and secret shopper 

15 operations for the purpose of encouraging the ethical 

16 treatment of students and prospective students and 

17 detecting fraud and abuse in the Federal student aid 

18 programs, including— 

19 ‘‘(A) violations described in section 

20 487(c)(3); 

21 ‘‘(B) violations of section 487(a)(20); and 

22 ‘‘(C) violations by any entity with which 

23 the institution has contracted for student recruit24 ment or admission activity; 

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1 ‘‘(2) shall develop written guidelines for the con2 duct of activities under paragraph (1) in accordance 

3 with commonly-accepted Federal practices for under4 cover operations and in consultation with other rel5 evant agencies, including the Department of Justice, 

6 Federal Trade Commission, Consumer Financial Pro7 tection Bureau, and the Department of Education’s 

8 Office of Inspector General; and 

9 ‘‘(3) shall provide an annual report on the re10 sults of activities under paragraph (1) to the author11 izing committees, and thereafter shall make the report 

12 available to the public.’’. 

13 Subpart 4—Strengthening Institutional Quality 

14 SEC. 4731. STRENGTHENING INSTITUTIONAL QUALITY. 

15 Part H of title IV of the Higher Education Act of 1965 

16 (20 U.S.C. 1099a et seq.) is amended by adding at the end 

17 the following: 

18 ‘‘Subpart 4—Strengthening Institutional Quality 

19 ‘‘SEC. 498C. ASSISTANCE TO PROGRESS PERIOD INSTITU20 TIONS. 

21 ‘‘(a) IN GENERAL.—The Secretary shall provide grants 

22 and technical assistance to covered progress period institu23 tions in accordance with this section. 

24 ‘‘(b) AUTHORIZED ACTIVITIES.—Grants and assist25 ance provided under this section shall be used to improve 

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1 student achievement (as described in section 496(a)(5)(A)) 

2 at covered progress period institutions. 

3 ‘‘(c) DURATION.—Grants and assistance may be pro4 vided under this section for a period of not less than one 

5 year and not more than three years. 

6 ‘‘(d) CONDITIONS.— 

7 ‘‘(1) BENCHMARKS.— 

8 ‘‘(A) IN GENERAL.—To continue to receive 

9 support under this section after the first year in 

10 which such support is provided, an institution 

11 must show progress, as determined by the Sec12 retary, toward meeting the standards for student 

13 achievement established by the relevant accred14 iting agency or association pursuant to section 

15 496(a)(5)(A). 

16 ‘‘(B) CONSIDERATIONS.—In determining 

17 the progress of an institution under subpara18 graph (A), the Secretary may take into consider19 ation extenuating circumstances that may have 

20 contributed to the poor performance of the insti21 tution in the first year of the review period. 

22 ‘‘(2) DEADLINE FOR COMPLIANCE.—An institu23 tion that does not achieve an adjusted cohort default 

24 rate of less than 10 percent after receiving support 

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1 under this section for three consecutive years shall be 

2 ineligible to receive further support under this section. 

3 ‘‘(3) PROHIBITION.—An institution shall be in4 eligible to receive further support under this section if, 

5 while the institution was receiving such support, the 

6 total enrollment of low-income students (as such term 

7 is defined in section 419N(b)(7)) at the institution de8 creased by 10 percent or more. 

9 ‘‘(e) COVERED PROGRESS PERIOD INSTITUTION.—In 

10 this section, the term ‘covered progress period institution’ 

11 means— 

12 ‘‘(1) a public institution of higher education that 

13 is determined to be in progress period status; 

14 ‘‘(2) a part B institution (as defined in section 

15 322) that is determined to be in progress period sta16 tus; or 

17 ‘‘(3) a private, nonprofit institution of higher 

18 education— 

19 ‘‘(A) that is determined to be in progress 

20 period status; and 

21 ‘‘(B) at which not less than 45 percent of 

22 the total student enrollment consists of low-in23 come students (as such term is defined in section 

24 419N(b)(7)). 

25 ‘‘(f) FUNDING.— 

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

2 appropriated, and there are appropriated, such funds 

3 as the Secretary, using the formula described in para4 graph (2), determines necessary to meet the needs of 

5 all eligible institutions under this subsection, except 

6 that such funds shall not exceed $100,000,000 for fis7 cal year 2021 and each succeeding fiscal year. Such 

8 funds shall be available until expended. 

9 ‘‘(2) FORMULA.—Not later than 1 year after the 

10 date of the enactment of this section, the Secretary 

11 shall establish through negotiated rulemaking a for12 mula to determine the— 

13 ‘‘(A) proportional amount of institutional 

14 need under this section; and 

15 ‘‘(B) total amount of institutional need 

16 under this section. 

17 ‘‘(3) SPECIAL RULE.—Such formula must at 

18 minimum take into consideration the severity of the 

19 problem, size of the institution, institutional re20 sources, historical underfunding, and the number of 

21 low-income students (as such term is defined in sec22 tion 419N(b)(7)) being served. 

23 ‘‘SEC. 498D. RESTRICTIONS ON CERTAIN EXPENDITURES. 

24 ‘‘(a) ESTABLISHING DEFINITIONS.— 

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1 ‘‘(1) IN GENERAL.—For purposes of each survey 

2 conducted under the Integrated Postsecondary Edu3 cation Data System after the date of enactment of the 

4 College Affordability Act and this Act, the Secretary 

5 shall define the following terms: 

6 ‘‘(A) Marketing. 

7 ‘‘(B) Recruitment. 

8 ‘‘(C) Advertising. 

9 ‘‘(D) Lobbying. 

10 ‘‘(E) Student services. 

11 ‘‘(2) EXCLUSION OF CERTAIN ACTIVITIES.—In 

12 defining the term ‘student services’ under paragraph 

13 (1)(E), the Secretary shall ensure that such term does 

14 not include marketing, recruitment, advertising, or 

15 lobbying. 

16 ‘‘(b) LIMITATION ON EXPENDITURES.—In a case in 

17 which the Secretary determines with respect to an institu18 tion of higher education participating in any program 

19 under this title that, for any of the 3 most recent institu20 tional fiscal years after the promulgation of regulations by 

21 the Secretary defining the terms in subsection (a)(1) for 

22 which the institution submits to the Secretary disclosures 

23 on the expenditures of the institution on instruction for 

24 purposes of section 132(i)(1)(AA), the amount expended by 

25 such institution on instruction for such fiscal year is less 

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than an amount equal to 1 1 ⁄3 of institution’s revenues de2 rived from tuition and fees— 

3 ‘‘(1) for any institutional fiscal year after such 

4 determination is made, the sum of the amount ex5 pended by the institution on marketing, recruitment, 

6 advertising, and lobbying may not exceed the amount 

7 of the institution’s revenues derived from sources other 

8 than Federal education assistance funds; and 

9 ‘‘(2) in a case in which the institution fails to 

10 meet the requirements of paragraph (1) for 2 consecu11 tive institutional fiscal years, the institution shall be 

12 ineligible to participate in the programs authorized 

13 by this title for a period of not less than two institu14 tional fiscal years. 

15 ‘‘(c) PUBLICATION ON WEBSITE.—The Secretary shall, 

16 on an annual basis, publicly disclose on the Department’s 

17 website, information with respect to any institution of high18 er education that is subject to the requirements of subsection 

19 (b)(1), including— 

20 ‘‘(1) the quotient of the amount that the institu21 tion expends on instruction divided by the institu22 tion’s revenues derived from tuition and fees, ex23 pressed as a percentage; 

24 ‘‘(2) the sum of such institution’s expenditures 

25 on advertising, recruiting, marketing, and lobbying; 

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1 ‘‘(3) the amount of such institution’s revenues re2 ceived from sources outside of Federal education as3 sistance funds; and 

4 ‘‘(4) the difference between paragraphs (2) and 

5 (3). 

6 ‘‘SEC. 498E. INSTITUTIONAL DISCLOSURE SYSTEM. 

7 ‘‘(a) DEPARTMENTAL DISCLOSURE.—The Secretary 

8 shall make available, on a publicly accessible website of the 

9 Department of Education, a list of institutions of higher 

10 education that— 

11 ‘‘(1) have failed to meet the requirements for ac12 creditation by an agency or association recognized by 

13 the Secretary pursuant to section 496(a); or 

14 ‘‘(2) have failed to meet the requirements for 

15 participation in programs under this title. 

16 ‘‘(b) INSTITUTIONAL DISCLOSURE.— 

17 ‘‘(1) IN GENERAL.—To be eligible to participate 

18 in programs under this title, an institution of higher 

19 education shall, using the template developed by the 

20 Secretary under subsection (c), disclose the accredita21 tion status of the institution on a publicly accessible 

22 website of the institution. 

23 ‘‘(2) UPDATES.—Any change in the accredita24 tion status of an institution of higher education shall 

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1 be disclosed in accordance with paragraph (1) not 

2 later than 30 days after such change occurs. 

3 ‘‘(c) TEMPLATE.—The Secretary shall develop a tem4 plate that shall be used by institutions of higher education 

5 to make the disclosures required under subsection (b). The 

6 Secretary shall ensure that the template— 

7 ‘‘(1) clearly identifies the information to be dis8 closed; and 

9 ‘‘(2) is in a format that is easily understood by 

10 consumers.’’. 

11 PART I—AMERICA’S COLLEGE PROMISE FEDERAL12 STATE PARTNERSHIP 

13 SEC. 4801. PROGRAM AUTHORIZED. 

14 Title IV of the Higher Education Act of 1965 (20 

15 U.S.C. 1070 et seq.) is amended by adding at the end the 

16 following: 

17 ‘‘PART J—AMERICA’S COLLEGE PROMISE 

18 FEDERAL-STATE PARTNERSHIP 

19 ‘‘Subpart 1—State and Indian Tribe Grants for 

20 Community Colleges 

21 ‘‘SEC. 499A. IN GENERAL. 

22 ‘‘From amounts appropriated under section 499G for 

23 any fiscal year, the Secretary shall award grants to eligible 

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1 itures needed to carry out the activities and services de2 scribed in section 499E. 

3 ‘‘SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE. 

4 ‘‘(a) FEDERAL SHARE.— 

5 ‘‘(1) FORMULA.—Subject to paragraph (2), the 

6 Federal share of a grant under this subpart shall be 

7 based on a formula, determined by the Secretary, 

8 that— 

9 ‘‘(A) accounts for the State or Indian tribe’s 

10 share of eligible students; 

11 ‘‘(B) accounts for the ratio between a State 

12 or Indian tribe’s funding per full-time equivalent 

13 (FTE) student at public colleges and universities 

14 and the average net price at State public four15 year colleges and universities, in such a way as 

16 to reward States that keep net prices for students 

17 low while maintaining their investment in high18 er education; and 

19 ‘‘(C) provides, for each eligible student in 

20 the State or Indian tribe, a per-student amount 

21 that is at least 75 percent of— 

22 ‘‘(i) for the 2021–2022 award year, the 

23 average resident community college tuition 

24 and fees per student in all States for the 

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1 most recent year for which data are avail2 able; and 

3 ‘‘(ii) for each subsequent award year, 

4 the amount determined under this subpara5 graph for the preceding award year, in6 creased by the lesser of— 

7 ‘‘(I) a percentage equal to the esti8 mated percentage increase in the Con9 sumer Price Index (as determined by 

10 the Secretary) since the date of such 

11 determination; or 

12 ‘‘(II) 3 percent. 

13 ‘‘(2) EXCEPTION FOR CERTAIN INDIAN TRIBES.— 

14 In any case in which not less than 75 percent of the 

15 students at the community colleges operated or con16 trolled by an Indian tribe are low-income students, 

17 the amount of the Federal share for such Indian tribe 

18 shall be not less than 95 percent of the total amount 

19 needed to waive tuition and fees for all eligible stu20 dents enrolled in such community colleges. 

21 ‘‘(b) STATE OR TRIBAL SHARE.— 

22 ‘‘(1) FORMULA.— 

23 ‘‘(A) IN GENERAL.—The State or tribal 

24 share of a grant under this subpart for each fis25 cal year shall be the amount needed to pay 25 

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1 percent of the average community college resident 

2 tuition and fees per student in all States in the 

3 2021–2022 award year for all eligible students 

4 in the State or Indian tribe, respectively, for 

5 such fiscal year, except as provided in subpara6 graph (B). 

7 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

8 TRIBES.—In the case of an Indian tribe de9 scribed in subsection (a)(2), the amount of such 

10 Indian tribe’s tribal share shall not exceed 5 per11 cent of the total amount needed to waive tuition 

12 and fees for all eligible students enrolled in such 

13 community colleges. 

14 ‘‘(2) NEED-BASED AID.—A State or Indian tribe 

15 may include, as part of the State or tribal share, any 

16 need-based financial aid that— 

17 ‘‘(A) is provided from State or tribal funds 

18 to an eligible student; and 

19 ‘‘(B) may be used by such student to pay 

20 costs of attendance other than tuition and fees. 

21 ‘‘(3) NO IN-KIND CONTRIBUTIONS.—A State or 

22 Indian tribe shall not include in-kind contributions 

23 for purposes of the State or tribal share described in 

24 paragraph (1). 

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1 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU2 DENTS.— 

3 ‘‘(1) IN GENERAL.—The Secretary of Education 

4 shall develop and implement a process for accurately 

5 estimating the number of eligible students in a State 

6 or Indian tribe for purposes of subsection (a) and (b). 

7 ‘‘(2) INITIAL DETERMINATION.—For the first 

8 year for which grants are awarded under this sub9 part, the number of eligible students in a State or In10 dian tribe shall be considered to be equal to the num11 ber of eligible students that were in the State or tribe 

12 for the preceding school year. 

13 ‘‘(d) ADJUSTMENT OF GRANT AMOUNT.—Not later 

14 than 180 days after the date on which a State or Indian 

15 tribe receives a grant under this subpart, the Secretary 

16 shall— 

17 ‘‘(1) in consultation with the State or tribe con18 cerned, determine whether the actual number of eligi19 ble students in the State or Tribe for the year covered 

20 by the grant is greater than the estimated number of 

21 such students that was used to determine the amount 

22 of the grant; and 

23 ‘‘(2) if it is determined under paragraph (1) 

24 that the actual number of eligible students in the 

25 State or Tribe is higher than such estimate, issue a 

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1 supplementary grant payment to the State or tribe in 

2 an amount that ensures that the total amount of the 

3 grant funds received by the State or tribe under this 

4 subpart for the year covered by the grant accurately 

5 reflects the higher number of eligible students. 

6 ‘‘SEC. 499C. APPLICATIONS. 

7 ‘‘(a) SUBMISSION.—In order to receive a grant under 

8 this subpart, a State or tribe 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 ‘‘(b) CONTENTS.—Each application under subsection 

12 (a) shall include, at a minimum— 

13 ‘‘(1) an estimate of the number of eligible stu14 dents in the State or Indian tribe and the cost of 

15 waiving community college resident tuition and fees 

16 for all eligible students for each fiscal year covered by 

17 the grant; 

18 ‘‘(2) an assurance that all community colleges in 

19 the State or under the jurisdiction of the Indian tribe, 

20 respectively, will waive resident tuition and fees for 

21 eligible students in accordance with section 499D(a); 

22 ‘‘(3) a description of the promising and evidence23 based institutional reforms and innovative practices 

24 to improve student outcomes, including transfer and 

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1 completion rates, that have been or will be adopted by 

2 the participating community colleges, 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) the provision of direct support services 

10 such as— 

11 ‘‘(i) childcare, transportation, emer12 gency financial assistance, and mental 

13 health and substance use disorder treatment; 

14 ‘‘(ii) assistance in obtaining health in15 surance coverage; 

16 ‘‘(iii) assistance securing affordable 

17 housing; 

18 ‘‘(iv) efforts to address food insecurity 

19 and campus hunger; and 

20 ‘‘(v) efforts to facilitate student partici21 pation in means-tested Federal benefit pro22 grams (as defined in section 479(d)); 

23 ‘‘(C) providing accelerated learning oppor24 tunities, such as dual or concurrent enrollment 

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1 programs, including early college high school 

2 programs; 

3 ‘‘(D) strengthening and reforming remedial 

4 and developmental education, especially for low5 income, first-generation, and adult students, and 

6 other students belonging to racial and other 

7 groups that are underrepresented in higher edu8 cation, including through the use of multiple 

9 measures (such as a student’s college entrance ex10 amination score, grade point average, high school 

11 course list, or a placement examination) to iden12 tify students in need of remedial education; or 

13 ‘‘(E) utilizing career pathways, including 

14 through building capacity for career and tech15 nical education as defined in section 3(5) of the 

16 Carl D. Perkins Career and Technical Education 

17 Act of 2006 (20 U.S.C. 2302(5)) and programs 

18 of study as defined in section 3(41) of such Act 

19 (20 U.S.C. 2302(41)), or degree pathways; 

20 ‘‘(4) a description of how the State or Indian 

21 tribe will ensure that programs leading to a recog22 nized postsecondary credential meet the quality cri23 teria established by the State under section 123(a) of 

24 the Workforce Innovation and Opportunity Act (29 

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1 U.S.C. 3153(a)) or other quality criteria determined 

2 appropriate by the State or Indian tribe; 

3 ‘‘(5) an assurance that all participating commu4 nity colleges in the State or under the authority of the 

5 Indian tribe have entered into program participation 

6 agreements under section 487; 

7 ‘‘(6) an assurance that the State or Indian tribe 

8 will, to the extent practicable, assist eligible students 

9 in obtaining information about and accessing means10 tested Federal benefit programs (as defined in section 

11 479(d)) for which such students may be eligible; 

12 ‘‘(7) an assurance that, for each year of the 

13 grant, the State or Indian tribe will notify each eligi14 ble student of the student’s remaining eligibility for 

15 assistance under this subpart; and 

16 ‘‘(8) if the application is submitted by a State— 

17 ‘‘(A) an assurance that the State will, to the 

18 extent practicable, consider changes to State law 

19 that will enable more community college students 

20 to be eligible for means-tested Federal benefit 

21 programs (as defined in section 479(d)); 

22 ‘‘(B) an assurance that the State will meet 

23 the requirements of section 499D(b)(1) relating 

24 to the alignment of secondary and postsecondary 

25 education; and 

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1 ‘‘(C) an assurance that the State will meet 

2 the requirements of section 499D(b)(2) relating 

3 to the improvement of transfer pathways between 

4 institutions of higher education. 

5 ‘‘SEC. 499D. PROGRAM REQUIREMENTS. 

6 ‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN7 DIAN TRIBES.—As a condition of receiving a grant under 

8 this subpart a State or Indian tribe shall meet the following 

9 requirements: 

10 ‘‘(1) For each year of the grant the total amount 

11 of community college resident tuition and fees charged 

12 to an eligible student in the State or Indian tribe 

13 shall be $0. 

14 ‘‘(2) For each year of the grant no amount of fi15 nancial assistance for which an eligible student quali16 fies may be applied to such tuition or fees. 

17 ‘‘(b) STATE REQUIREMENTS.—As a condition of re18 ceiving a grant under this subpart a State shall meet the 

19 following requirements: 

20 ‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU21 CATION.— 

22 ‘‘(A) IN GENERAL.—The State shall— 

23 ‘‘(i) submit a plan to align the require24 ments for receiving a regular high school di25 ploma from public high schools in the State 

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1 with the requirements for entering credit2 bearing coursework at participating com3 munity colleges in such State; and 

4 ‘‘(ii) not later than three years after 

5 the date on which the State first receives a 

6 grant under this subpart, certify to the Sec7 retary that such alignment has been 

8 achieved. 

9 ‘‘(B) FAILURE TO CERTIFY.— If a State 

10 does not provide the certification required under 

11 subparagraph (A) by the date specified in such 

12 subparagraph, the State shall submit to the Sec13 retary, at such time and in such manner as the 

14 Secretary may require— 

15 ‘‘(i) a written explanation for the 

16 delay in making the certification; and 

17 ‘‘(ii) a plan that will enable the State 

18 to make the certification by not later than 

19 5 years after the date on which the State 

20 first received a grant under this subpart. 

21 ‘‘(2) TRANSFER PATHWAYS.— 

22 ‘‘(A) IN GENERAL.—The State shall— 

23 ‘‘(i) submit a plan, developed in col24 laboration with faculty from institutions of 

25 higher education in the State, to improve 

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1 transfer pathways between institutions of 

2 higher education in the State, including by 

3 ensuring that associate degrees awarded by 

4 public institutions in the State are fully 

5 transferable to, and credited as, the first 2 

6 years of related baccalaureate programs at 

7 public institutions of higher education in 

8 such State; and 

9 ‘‘(ii) not later than 3 years after the 

10 date on which the State first receives a 

11 grant under this subpart, certify to the Sec12 retary that an associate degree in an aca13 demic major in the arts or sciences that is 

14 awarded by a public institution of higher 

15 education in the State on or after the date 

16 that is not later than 3 years after the date 

17 on which the State first receives a grant 

18 under this subpart shall be fully 

19 transferrable to, and credited as, the first 2 

20 years of a related baccalaureate program at 

21 a public institution of higher education in 

22 such State. 

23 ‘‘(B) FAILURE TO CERTIFY.— If a State 

24 does not provide the certification required under 

25 subparagraph (A) by the date specified in such 

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1 subparagraph, the State shall submit to the Sec2 retary, at such time and in such manner as the 

3 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 ‘‘(3) APPLICABILITY.—The Secretary may not 

11 apply the requirements under this subsection to an 

12 Indian tribe. 

13 ‘‘SEC. 499E. ALLOWABLE USES OF FUNDS. 

14 ‘‘(a) IN GENERAL.—Except as provided in subsection 

15 (b), a State or Indian tribe shall use a grant under this 

16 subpart only to provide funds to participating community 

17 colleges to enable such community colleges to waive resident 

18 tuition and fees for eligible students as required under sec19 tion 499D(a). 

20 ‘‘(b) ADDITIONAL USES.—If a State or Indian tribe 

21 demonstrates to the Secretary that it has grant funds re22 maining after meeting the demand for activities described 

23 in subsection (a), the State or Indian tribe may use those 

24 funds to carry out one or more of the following: 

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1 ‘‘(1) Enhancing the quality of public higher edu2 cation to improve student outcomes, including trans3 fer and completion rates, which may include invest4 ing in the academic workforce. 

5 ‘‘(2) Expanding the scope and capacity of high6 quality academic and occupational skills training 

7 programs at community colleges, which may include 

8 collaboration with one or more industry or sector 

9 partnership (as defined in section 3 of the Workforce 

10 Innovation and Opportunity Act (29 U.S.C. 3201)). 

11 ‘‘(3) Improving postsecondary education readi12 ness in the State or Indian tribe, including through 

13 outreach and early intervention. 

14 ‘‘(4) Expanding access to dual or concurrent en15 rollment programs, including early college high school 

16 programs. 

17 ‘‘(5) Improving affordability at 4-year public in18 stitutions of higher education. 

19 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR20 POSES.—A State or Indian tribe that receives a grant 

21 under this subpart may not use any funds provided under 

22 this subpart for administrative purposes relating to the 

23 grant under this subpart. 

24 ‘‘(d) MAINTENANCE OF EFFORT.—A State or Indian 

25 tribe receiving a grant under this subpart is entitled to reVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00913 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ceive its full allotment of funds under this subpart for a 

2 fiscal year only if, for each year of the grant, the State or 

3 Indian tribe provides— 

4 ‘‘(1) financial support for public higher edu5 cation at a level equal to or exceeding the average 

6 amount provided per full-time equivalent student for 

7 public institutions of higher education for the three 

8 consecutive preceding fiscal years. In making the cal9 culation under this subsection, the State or Indian 

10 tribe shall— 

11 ‘‘(A) exclude capital expenses and research 

12 and development costs; and 

13 ‘‘(B) include need-based financial aid for 

14 students who attend public institutions of higher 

15 education; 

16 ‘‘(2) financial support for operational expenses 

17 for public, four-year colleges and universities at a 

18 level equal to or exceeding the average amount pro19 vided for the three consecutive preceding State or In20 dian tribe fiscal years; and 

21 ‘‘(3) financial support for need-based financial 

22 aid at a level equal to or exceeding the average 

23 amount provided for the three consecutive preceding 

24 State or Indian tribe fiscal years. 

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1 ‘‘(e) ANNUAL REPORT.—A State or Indian tribe re2 ceiving a grant under this subpart shall submit an annual 

3 report to the Secretary describing the uses of grant funds 

4 under this subpart, the progress made in fulfilling the re5 quirements of the grant, and rates of transfer, graduation, 

6 and attainment of recognized postsecondary credentials at 

7 participating community colleges, including such rates 

8 disaggregated by race, income, and age, and including any 

9 other information as the Secretary may require. 

10 ‘‘(f) REPORTING BY SECRETARY.—The Secretary an11 nually shall— 

12 ‘‘(1) compile and analyze the information de13 scribed in subsection (e); and 

14 ‘‘(2) prepare and submit a report to the Com15 mittee on Health, Education, Labor, and Pensions of 

16 the Senate and the Committee on Education and 

17 Labor of the House of Representatives containing the 

18 analysis described in paragraph (1) and an identi19 fication of State and Indian tribe best practices for 

20 achieving the purpose of this subpart. 

21 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

22 provide technical assistance to eligible States and Indian 

23 tribes concerning best practices regarding the promising 

24 and evidence-based institutional reforms and innovative 

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1 practices to improve student outcomes and shall dissemi2 nate such best practices among the States and Indian tribes. 

3 ‘‘(h) CONTINUATION OF FUNDING.— 

4 ‘‘(1) IN GENERAL.—A State or Indian tribe re5 ceiving a grant under this subpart for a fiscal year 

6 may continue to receive funding under this subpart 

7 for future fiscal years conditioned on the availability 

8 of budget authority and on meeting the requirements 

9 of the grant, as determined by the Secretary. 

10 ‘‘(2) DISCONTINUATION.—The Secretary may 

11 discontinue funding of the Federal share of a grant 

12 under this subpart if the State or Indian tribe has 

13 violated the terms of the grant or is not making ade14 quate progress in implementing the reforms described 

15 in the application submitted under section 499C. 

16 ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made 

17 available under this subpart shall be used to supplement, 

18 and not supplant, other Federal, State, and local funds that 

19 would otherwise be expended to carry out activities under 

20 this section. 

21 ‘‘SEC. 499F. DEFINITIONS. 

22 ‘‘In this subpart: 

23 ‘‘(1) CAREER PATHWAY.—The term ‘career path24 way’ has the meaning given the term in section 3 of 

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1 the Workforce Innovation and Opportunity Act (29 

2 U.S.C. 3102). 

3 ‘‘(2) COMMUNITY COLLEGE.—The term ‘commu4 nity college’ means a public institution of higher edu5 cation at which the highest degree that is predomi6 nantly awarded to students is an associate’s degree, 

7 including 2-year tribally controlled colleges under sec8 tion 316 and public 2-year State institutions of high9 er education. 

10 ‘‘(3) DUAL OR CONCURRENT ENROLLMENT PRO11 GRAM.—The term ‘dual or concurrent enrollment pro12 gram’ has the meaning given the term in section 8101 

13 of the Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 7801). 

15 ‘‘(4) EARLY COLLEGE HIGH SCHOOL.—The term 

16 ‘early college high school’ has the meaning given the 

17 term in section 8101 of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 7801). 

19 ‘‘(5) ELIGIBLE STUDENT.— 

20 ‘‘(A) DEFINITION.—The term ‘eligible stu21 dent’ means a student who— 

22 ‘‘(i) attends the community college on 

23 not less than a half-time basis; 

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1 ‘‘(ii) is maintaining satisfactory 

2 progress (as defined in section 484(c)) in 

3 the student’s course of study; 

4 ‘‘(iii) is enrolled in an eligible pro5 gram (as defined in section 481(b)); and 

6 ‘‘(iv) either— 

7 ‘‘(I) qualifies for in-State resident 

8 community college tuition, as deter9 mined by the State or Indian tribe; or 

10 ‘‘(II) would qualify for such in11 State resident community college tui12 tion, but for the immigration status of 

13 such student. 

14 ‘‘(B) SPECIAL RULE.—An otherwise eligible 

15 student shall lose eligibility 3 calendar years 

16 after first receiving benefits under this subpart. 

17 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ has 

18 the meaning given the term in section 102 of the Fed19 erally Recognized Indian Tribe List Act of 1994 (25 

20 U.S.C. 479a). 

21 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The 

22 term ‘institution of higher education’ has the meaning 

23 given the term in section 101. 

24 ‘‘(8) RECOGNIZED POSTSECONDARY CREDEN25 TIAL.—The term ‘recognized postsecondary credential’ 

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1 has the meaning as described in section 3 of the 

2 Workforce Innovation and Opportunity Act (29 

3 U.S.C. 3102). 

4 ‘‘(9) STATE.—The term ‘State’ has the meaning 

5 given the term in section 103. 

6 ‘‘SEC. 499G. APPROPRIATIONS. 

7 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For the 

8 purpose of making grants under this subpart there are au9 thorized to be appropriated, and there are appropriated— 

10 ‘‘(1) $1,569,700,000 for fiscal year 2021; 

11 ‘‘(2) $3,472,880,000 for fiscal year 2022; 

12 ‘‘(3) $4,431,950,000 for fiscal year 2023; 

13 ‘‘(4) $6,204,030,000 for fiscal year 2024; 

14 ‘‘(5) $8,119,870,000 for fiscal year 2025; 

15 ‘‘(6) $9,297,430,000 for fiscal year 2026; 

16 ‘‘(7) $11,708,890,000 for fiscal year 2027; 

17 ‘‘(8) $14,971,330,000 for fiscal year 2028; 

18 ‘‘(9) $15,619,910,000 for fiscal year 2029; and 

19 ‘‘(10) $16,296,080,000 for fiscal year 2030 and 

20 each succeeding fiscal year. 

21 ‘‘(b) AVAILABILITY.—Funds appropriated under sub22 section (a) shall remain available to the Secretary until ex23 pended. 

24 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro25 priated under subsection (a) for a fiscal year is not suffiVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00919 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cient to award each participating State and Indian tribe 

2 a grant under this subpart that is equal to the minimum 

3 amount of the Federal share described in section 499B, the 

4 Secretary may ratably reduce the amount of each such 

5 grant or take other actions necessary to ensure an equitable 

6 distribution of such amount.’’. 

7 SEC. 4802. STUDENT SUCCESS FUND. 

8 Part J of title IV of the Higher Education Act of 1965 

9 (20 U.S.C. 1070 et seq.), as added by section 4801, is fur10 ther amended by adding at the end the following: 

11 ‘‘Subpart 2—Student Success Fund 

12 ‘‘SEC. 499H. IN GENERAL. 

13 ‘‘From amounts appropriated under section 499N for 

14 any fiscal year, the Secretary shall carry out a grant pro15 gram (to be known as the Student Success Fund) to make 

16 grants to eligible entities to carry out the activities and 

17 services described in section 499L. 

18 ‘‘SEC. 499I. ALLOCATION. 

19 ‘‘(a) FEDERAL SHARE ALLOCATION.—The Federal 

20 share of a grant under this subpart shall be determined 

21 using the formula determined under section 499B(1). 

22 ‘‘(b) MATCHING FUNDS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), an eligible entity participating in the proVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00920 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 gram under this subpart shall provide, from non-Fed2 eral sources, in cash or in-kind— 

3 ‘‘(A) in each of the first, second, third, and 

4 fourth year of participation in the program, an 

5 amount equal to 25 percent of the amount such 

6 entity received under subsection (a) with respect 

7 to such year; 

8 ‘‘(B) in each of the fifth and sixth year of 

9 participation in the program, an amount equal 

10 to 50 percent of the amount such entity received 

11 under subsection (a) with respect to such year; 

12 ‘‘(C) in each of the seventh and eighth year 

13 of participation in the program, an amount 

14 equal to 75 percent of the amount such entity re15 ceived under subsection (a) with respect to such 

16 year; and 

17 ‘‘(D) in each ninth year and each subse18 quent year thereafter of participation in the pro19 gram, an amount equal to 100 percent of the 

20 amount such entity received under subsection (a) 

21 with respect to such year. 

22 ‘‘(2) EXCEPTION FOR CERTAIN INDIAN TRIBES.— 

23 The Secretary may waive the matching fund require24 ments under paragraph (1) in the case of an eligible 

25 entity that is an Indian tribe if at least 75 percent 

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1 of the students at the institutions of higher education 

2 operated or controlled by such Indian tribe are low3 income students. 

4 ‘‘(3) REALLOTMENT.—If an eligible entity re5 turns to the Secretary any portion of the sums allo6 cated to such eligible entity under this section for any 

7 fiscal year, the Secretary shall reallot such excess as 

8 part of the available appropriated amount for the 

9 succeeding fiscal year. 

10 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

11 awarded under this subpart shall be used to supplement, 

12 and not supplant, other Federal, State, and local funds that 

13 would otherwise be expended to carry out activities assisted 

14 under this subpart. 

15 ‘‘(d) LIMITATION.—An eligible entity may only par16 ticipate in the program under this subpart in a year in 

17 which such entity receives a grant under subpart 1. 

18 ‘‘SEC. 499J. APPLICATIONS. 

19 ‘‘(a) IN GENERAL.—To be eligible to participate in the 

20 program under this subpart, an eligible entity shall submit 

21 an application to the Secretary at such time, in such man22 ner, and containing such information as the Secretary may 

23 require, including— 

24 ‘‘(1) a plan that includes— 

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1 ‘‘(A) the amount of funds requested by the 

2 eligible entity under this subpart and the in3 tended use of such funds; 

4 ‘‘(B) how the eligibility entity will use the 

5 requested funds to implement promising and evi6 dence-based institutional reforms and innovative 

7 practices to improve student outcomes, including 

8 those identified by such entity under section 

9 499C(b)(3), and including annual implementa10 tion benchmarks that the entity will use to track 

11 progress in implementing such reforms and prac12 tices; 

13 ‘‘(C) how the eligible entity will meet its 

14 matching fund requirements under section 

15 499I(b); 

16 ‘‘(D) if the eligible entity is a State, how 

17 such eligible entity will prioritize spending on 

18 the public institutions of higher education speci19 fied in paragraph (2)(B); and 

20 ‘‘(E) the improvements the eligible entity 

21 anticipates in student outcomes, including im22 provements in transfer rates or completion rates, 

23 or both. 

24 ‘‘(2) if the eligible entity is a State, an analysis 

25 that includes— 

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1 ‘‘(A) with respect to each public institution 

2 of higher education of the eligible entity— 

3 ‘‘(i) the total per-student funding; 

4 ‘‘(ii) the amount of per-student fund5 ing from State-appropriated funds; 

6 ‘‘(iii) the student demographics (in7 cluding, data on race, income, disability 

8 status, and remediation); and 

9 ‘‘(iv) transfer and completion rates, in10 cluding such rates among low-income stu11 dents, students of color, students with dis12 abilities, and students in need of remedi13 ation; and 

14 ‘‘(B) an analysis of whether, of the public 

15 institutions of higher education of the eligible en16 tity, the public institutions of higher education 

17 that received less funding on a per-student basis 

18 described in clause (i) or (ii), or both, of sub19 paragraph (A), are serving disproportionately 

20 high shares of low-income students, students of 

21 color, students with disabilities, or students in 

22 need of remediation. 

23 ‘‘(b) APPROVAL.— 

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

2 after receiving a plan under subsection (a), the Sec3 retary shall— 

4 ‘‘(A) approve the plan; or 

5 ‘‘(B) require revisions to such plan. 

6 ‘‘(2) REVISIONS REQUIRED.—An eligible entity 

7 shall make such revisions as required by the Secretary 

8 under paragraph (1)(B). 

9 ‘‘(c) PUBLICATION.—The Secretary shall make each 

10 plan approved under subsection (b)(1)(A) and each plan 

11 revised under subsection (b)(2) available to the public on 

12 the website of the Department. 

13 ‘‘SEC. 499K. PROGRAM REQUIREMENTS. 

14 ‘‘(a) GENERAL REQUIREMENTS.— 

15 ‘‘(1) REPORT ON DEMONSTRATED PROGRESS.— 

16 For the third year in which an eligible entity partici17 pates in the program under this subpart, and every 

18 2 years thereafter, the eligible entity shall submit a 

19 report to the Secretary, in such manner and con20 taining such information as the Secretary may re21 quire, that includes— 

22 ‘‘(A) the progress in meeting the annual im23 plementation benchmarks included in the appli24 cation of such eligible entity under section 

25 499J(a)(1)(B); 

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1 ‘‘(B) the progress in improving the student 

2 outcomes identified by the entity under section 

3 499(J)(a)(1)(E); and 

4 ‘‘(C) with respect to the 2 years after such 

5 report is submitted— 

6 ‘‘(i) a plan for the use of funds under 

7 this subpart; and 

8 ‘‘(ii) the amount of funds requested by 

9 the eligible entity under this subpart . 

10 ‘‘(2) APPROVAL.—Not later than 180 days after 

11 receiving a plan under paragraph (1)(C)(i), the Sec12 retary shall— 

13 ‘‘(A) approve the plan; or 

14 ‘‘(B) require revisions to such plan. 

15 ‘‘(3) REVISIONS REQUIRED.—An eligible entity 

16 shall make such revisions as required by the Secretary 

17 under paragraph (2)(B). 

18 ‘‘(b) FAILURE TO MEET REQUIREMENTS.— If an eligi19 ble entity does not meet the annual implementation bench20 marks included in the application of such eligible entity 

21 under section 499J(a)(1)(B), as required to be reported 

22 under subsection (a)(1)(A), such eligible entity shall submit 

23 to the Secretary, at such time and in such manner as the 

24 Secretary may require— 

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1 ‘‘(1) a written explanation for the delay in meet2 ing such requirements; and 

3 ‘‘(2) a plan that will enable such eligible entity 

4 to meet such requirements not later than 1 year after 

5 the date on which the eligible entity submitted the 

6 written explanation under paragraph (1). 

7 ‘‘(c) PUBLICATION.—The Secretary shall make each 

8 plan approved under subsection (a)(2)(A), each plan revised 

9 under subsection (a)(3), and each plan submitted under 

10 subsection (b)(2) available to the public on the website of 

11 the Department. 

12 ‘‘SEC. 499L. ALLOWABLE USES OF FUNDS. 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), an eligible entity shall use a grant under this subpart 

15 only to allocate funds in accordance with the plan sub16 mitted for such year under section 499J(a)(1). 

17 ‘‘(b) USE OF FUNDS FOR ADMINISTRATIVE PUR18 POSES.—An eligible entity that receives a grant under this 

19 subpart may use not more than 10 percent of such grant 

20 for administrative purposes relating to the grant under this 

21 subpart. 

22 ‘‘SEC. 499M. ELIGIBLE ENTITY DEFINED. 

23 ‘‘In this subpart, the term ‘eligible entity’ means a 

24 State or Indian tribe that received a grant under subpart 

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1 1 for the fiscal year in which such State or Indian tribe 

2 receives a grant under this subpart. 

3 ‘‘SEC. 499N. APPROPRIATIONS. 

4 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For the 

5 purpose of making grants under this subpart there are au6 thorized to be appropriated and there are appropriated 

7 $500,000,000 for fiscal year 2021 and each succeeding fiscal 

8 year. 

9 ‘‘(b) AVAILABILITY.—Funds appropriated under sub10 section (a) shall remain available to the Secretary until ex11 pended.’’. 

12 SEC. 4803. PATHWAYS TO STUDENT SUCCESS FOR HISTORI13 CALLY BLACK COLLEGES AND UNIVERSITIES, 

14 TRIBAL COLLEGES AND UNIVERSITIES, AND 

15 MINORITY-SERVING INSTITUTIONS. 

16 Part J of title IV of the Higher Education Act of 1965 

17 (20 U.S.C. 1070 et seq.), as added and amended by this 

18 part, is further amended by adding at the end the following: 

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1 ‘‘Subpart 3—Grants to Historically Black Colleges 

2 and Universities, Tribal Colleges and Univer3 sities, and Minority-Serving Institutions 

4 ‘‘SEC. 499O. PATHWAYS TO STUDENT SUCCESS FOR HIS5 TORICALLY BLACK COLLEGES AND UNIVER6 SITIES. 

7 ‘‘(a) IN GENERAL.—From amounts appropriated 

8 under section 499S(a) for any fiscal year, the Secretary 

9 shall award grants to participating 4-year historically 

10 black colleges or universities that meet the requirements of 

11 subsection (b) to— 

12 ‘‘(1) encourage students to enroll and successfully 

13 complete a bachelor’s degree at participating institu14 tions; 

15 ‘‘(2) provide incentives to community college stu16 dents to transfer to participating institutions through 

17 strong transfer pathways to complete a bachelor’s de18 gree program; and 

19 ‘‘(3) support participating institutions to better 

20 serve new and existing students by engaging in re21 forms and innovations designed to improve comple22 tion rates and other student outcomes. 

23 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

24 under the program under this section, an institution shall 

25 be a historically black college or university that— 

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1 ‘‘(1) has a student body of which not less than 

2 35 percent are low-income students; 

3 ‘‘(2) commits to maintaining or adopting and 

4 implementing promising and evidence-based institu5 tional reforms and innovative practices to improve 

6 the completion rates and other student outcomes, such 

7 as— 

8 ‘‘(A) providing comprehensive academic 

9 and student support services, including men10 toring and advising, especially for low-income, 

11 first-generation, and adult students, and other 

12 students belonging to racial and other groups 

13 that are underrepresented in higher education; 

14 ‘‘(B) providing direct support services such 

15 as— 

16 ‘‘(i) childcare, transportation, emer17 gency financial assistance, and mental 

18 health and substance use disorder treatment; 

19 ‘‘(ii) assistance in obtaining health in20 surance coverage; 

21 ‘‘(iii) assistance securing affordable 

22 housing; 

23 ‘‘(iv) efforts to address food insecurity 

24 and campus hunger; and 

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1 ‘‘(v) efforts to facilitate student partici2 pation in means-tested Federal benefit pro3 grams (as defined in section 479(d)); 

4 ‘‘(C) providing accelerated learning oppor5 tunities and degree pathways, such as dual en6 rollment and pathways to graduate and profes7 sional degree programs; 

8 ‘‘(D) partnering with employers, industry, 

9 not-for-profit associations, and other groups to 

10 provide opportunities to advance learning out11 side the classroom, including work-based learn12 ing opportunities such as internships or appren13 ticeships or programs designed to improve inter14 cultural development and personal growth, such 

15 as foreign exchange and study abroad programs; 

16 or 

17 ‘‘(E) strengthening remedial education, es18 pecially for low-income, first-generation, and 

19 adult students, and other students belonging to 

20 racial and other groups that are underrep21 resented in higher education, including through 

22 the use of multiple measures (such as a student’s 

23 college entrance examination score, grade point 

24 average, high school course list, or a placement 

932 

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1 examination) to identify students in need of re2 medial education; 

3 ‘‘(3) sets performance goals for improving stu4 dent outcomes for the duration of the grant; and 

5 ‘‘(4) if receiving a grant for transfer students, 

6 has articulation agreements with community colleges 

7 at the national, State, or local level to ensure that 

8 community college credits can fully transfer to the 

9 participating institution. 

10 ‘‘(c) GRANT AMOUNT.— 

11 ‘‘(1) INITIAL AMOUNT.—For the first year that 

12 an eligible institution participates in the grant pro13 gram under this section and subject to paragraph (3), 

14 such eligible institution shall receive a grant in an 

15 amount based on the product of— 

16 ‘‘(A) the actual cost of tuition and fees at 

17 the eligible institution in such year (referred to 

18 in this section as the per-student rebate); and 

19 ‘‘(B) the number of eligible students enrolled 

20 in the eligible institution for the preceding year. 

21 ‘‘(2) SUBSEQUENT INCREASES.—For each suc22 ceeding year after the first year of the grant program 

23 under this section, each participating eligible institu24 tion shall receive a grant in the amount determined 

25 under paragraph (1) for such year, except that in no 

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1 case shall the amount of the per-student rebate for an 

2 eligible institution increase by more than 3 percent as 

3 compared to the amount of such rebate for the pre4 ceding year. 

5 ‘‘(3) LIMITATIONS.— 

6 ‘‘(A) MAXIMUM PER-STUDENT REBATE.—No 

7 eligible institution participating in the grant 

8 program under this section shall receive a per9 student rebate amount for any year that is 

10 greater than the national average of annual tui11 tion and fees at public 4-year institutions of 

12 higher education for such year, as determined by 

13 the Secretary. 

14 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

15 During the first year of participation in the 

16 grant program under this section, no eligible in17 stitution may increase tuition and fees at a rate 

18 greater than any annual increase at the eligible 

19 institution in the previous 5 years. 

20 ‘‘(d) APPLICATION.—An eligible institution that de21 sires a grant under this section shall submit an application 

22 to the Secretary at such time, in such manner, and con23 taining such information as the Secretary may require. 

24 ‘‘(e) USE OF FUNDS.—Funds awarded under this sec25 tion to a participating eligible institution shall be used to 

934 

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1 waive or significantly reduce tuition and fees for eligible 

2 students in an amount of not more than up to the annual 

3 per-student rebate amount for each student, for not more 

4 than the first 60 credits an eligible student enrolls in the 

5 participating eligible institution. 

6 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

7 available under section 499S to carry out this section shall 

8 be used to supplement, and not supplant, other Federal, 

9 State, and local funds that would otherwise be expended to 

10 carry out activities under this section. 

11 ‘‘SEC. 499P. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL 

12 COLLEGES AND UNIVERSITIES. 

13 ‘‘(a) IN GENERAL.—From amounts appropriated 

14 under section 499S(a) for any fiscal year, the Secretary 

15 shall award grants to participating 4-year Tribal Colleges 

16 or Universities that meet the requirements of subsection (b) 

17 to— 

18 ‘‘(1) encourage students to enroll and successfully 

19 complete a bachelor’s degree at participating institu20 tions; 

21 ‘‘(2) provide incentives to community college stu22 dents to transfer to participating institutions through 

23 strong transfer pathways to complete a bachelor’s de24 gree 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 Tribal 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, such 

14 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 

25 health and substance use disorder treatment; 

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•HR 4674 RH

1 ‘‘(ii) assistance in obtaining health in2 surance coverage; 

3 ‘‘(iii) assistance securing affordable 

4 housing; 

5 ‘‘(iv) efforts to address food insecurity 

6 and campus hunger; and 

7 ‘‘(v) efforts to facilitate student partici8 pation in means-tested Federal benefit pro9 grams (as defined in section 479(d)); 

10 ‘‘(C) providing accelerated learning oppor11 tunities and degree pathways, such as dual en12 rollment and pathways to graduate and profes13 sional degree programs; 

14 ‘‘(D) partnering with employers, industry, 

15 not-for-profit associations, and other groups to 

16 provide opportunities to advance learning out17 side the classroom, including work-based learn18 ing opportunities such as internships or appren19 ticeships or programs designed to improve inter20 cultural development and personal growth, such 

21 as foreign exchange and study abroad programs; 

22 or 

23 ‘‘(E) strengthening remedial education, es24 pecially for low-income, first-generation, and 

25 adult students, and other students belonging to 

937 

•HR 4674 RH

1 racial and other groups that are underrep2 resented in higher education, including through 

3 the use of multiple measures (such as a student’s 

4 college entrance examination score, grade point 

5 average, high school course list, or a placement 

6 examination) to identify students in need of re7 medial education; 

8 ‘‘(3) sets performance goals for improving stu9 dent outcomes for the duration of the grant; and 

10 ‘‘(4) if receiving a grant for transfer students, 

11 has articulation agreements with community colleges 

12 at the national, State, or local level to ensure that 

13 community college credits can fully transfer to the 

14 participating institution. 

15 ‘‘(c) GRANT AMOUNT.— 

16 ‘‘(1) INITIAL AMOUNT.—For the first year that 

17 an eligible institution participates in the grant pro18 gram under this section and subject to paragraph (3), 

19 such eligible institution shall receive a grant in an 

20 amount based on the product of— 

21 ‘‘(A) the actual cost of tuition and fees at 

22 the eligible institution in such year (referred to 

23 in this section as the per-student rebate); and 

24 ‘‘(B) the number of eligible students enrolled 

25 in the eligible institution for the preceding year. 

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1 ‘‘(2) SUBSEQUENT INCREASES.—For each suc2 ceeding year after the first year of the grant program 

3 under this section, each participating eligible institu4 tion shall receive a grant in the amount determined 

5 under paragraph (1) for such year, except that in no 

6 case shall the amount of the per-student rebate for an 

7 eligible institution increase by more than 3 percent as 

8 compared to the amount of such rebate for the pre9 ceding year. 

10 ‘‘(3) LIMITATIONS.— 

11 ‘‘(A) MAXIMUM PER-STUDENT REBATE.—No 

12 eligible institution participating in the grant 

13 program under this section shall receive a per14 student rebate amount for any year that is 

15 greater than the national average of annual tui16 tion and fees at public 4-year institutions of 

17 higher education for such year, as determined by 

18 the Secretary. 

19 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

20 During the first year of participation in the 

21 grant program under this section, no eligible in22 stitution may increase tuition and fees at a rate 

23 greater than any annual increase at the eligible 

24 institution in the previous 5 years. 

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1 ‘‘(d) APPLICATION.—An eligible institution that de2 sires a grant under this section shall submit an application 

3 to the Secretary at such time, in such manner, and con4 taining such information as the Secretary may require. 

5 ‘‘(e) USE OF FUNDS.—Funds awarded under this sec6 tion to a participating eligible institution shall be used to 

7 waive or significantly reduce tuition and fees for eligible 

8 students in an amount of not more than up to the annual 

9 per-student rebate amount for each student, for not more 

10 than the first 60 credits an eligible student enrolls in the 

11 participating eligible institution. 

12 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

13 available under section 499S to carry out this section shall 

14 be used to supplement, and not supplant, other Federal, 

15 State, and local funds that would otherwise be expended to 

16 carry out activities under this section. 

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1 ‘‘SEC. 499Q. PATHWAYS TO STUDENT SUCCESS FOR HIS2 PANIC-SERVING INSTITUTIONS, ASIAN AMER3 ICAN AND NATIVE AMERICAN PACIFIC IS4 LANDER-SERVING INSTITUTIONS, ALASKA NA5 TIVE-SERVING INSTITUTIONS, NATIVE HAWAI6 IAN-SERVING INSTITUTIONS, PREDOMI7 NANTLY BLACK INSTITUTIONS, AND NATIVE 

8 AMERICAN-SERVING NONTRIBAL INSTITU9 TIONS. 

10 ‘‘(a) IN GENERAL.—From amounts appropriated 

11 under section 499S(a) for any fiscal year, the Secretary 

12 shall award grants to participating 4-year minority-serv13 ing institutions to— 

14 ‘‘(1) encourage students to enroll and successfully 

15 complete a bachelor’s degree at participating institu16 tions; 

17 ‘‘(2) provide incentives to community college stu18 dents to transfer to participating institutions through 

19 strong transfer pathways to complete a bachelor’s de20 gree program; and 

21 ‘‘(3) support participating institutions to better 

22 serve new and existing students by engaging in re23 forms and innovations designed to improve comple24 tion rates and other student outcomes. 

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1 ‘‘(b) INSTITUTIONAL ELIGIBILITY.—To be eligible to 

2 participate and receive a grant under this section, an insti3 tution shall be a minority-serving institution that— 

4 ‘‘(1) has a student body of which not less than 

5 35 percent are low-income students; 

6 ‘‘(2) commits to maintaining or adopting and 

7 implementing promising and evidence-based institu8 tional reforms and innovative practices to improve 

9 the completion rates and other student outcomes, such 

10 as— 

11 ‘‘(A) providing comprehensive academic 

12 and student support services, including men13 toring and advising, especially for low-income, 

14 first-generation, and adult students, and other 

15 students belonging to racial and other groups 

16 that are historically underrepresented in higher 

17 education; 

18 ‘‘(B) providing direct support services such 

19 as— 

20 ‘‘(i) childcare, transportation, emer21 gency financial assistance, and mental 

22 health and substance use disorder treatment; 

23 ‘‘(ii) assistance in obtaining health in24 surance coverage; 

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•HR 4674 RH

1 ‘‘(iii) assistance securing affordable 

2 housing; 

3 ‘‘(iv) efforts to address food insecurity 

4 and campus hunger; and 

5 ‘‘(v) efforts to facilitate student partici6 pation in means-tested Federal benefit pro7 grams (as defined in section 479(d)); 

8 ‘‘(C) providing accelerated learning oppor9 tunities and degree pathways, such as dual en10 rollment and pathways to graduate and profes11 sional degree programs; 

12 ‘‘(D) partnering with employers, industry, 

13 not-for-profit associations, and other groups to 

14 provide opportunities to advance learning out15 side the classroom, including work-based learn16 ing opportunities such as internships or appren17 ticeships or programs designed to improve inter18 cultural development and personal growth, such 

19 as foreign exchange and study abroad programs; 

20 or 

21 ‘‘(E) strengthening remedial education, es22 pecially for low-income, first-generation, and 

23 adult students, and other students belonging to 

24 racial and other groups that are underrep25 resented in higher education, including through 

943 

•HR 4674 RH

1 the use of multiple measures (such as a student’s 

2 college entrance examination score, grade point 

3 average, high school course list, or a placement 

4 examination) to identify students in need of re5 medial education; 

6 ‘‘(3) sets performance goals for improving stu7 dent outcomes for the duration of the grant; and 

8 ‘‘(4) if receiving a grant for transfer students, 

9 has articulation agreements with community colleges 

10 at the national, State, or local levels to ensure that 

11 community college credits can fully transfer to the 

12 participating institution. 

13 ‘‘(c) GRANT AMOUNT.— 

14 ‘‘(1) INITIAL AMOUNT.—For the first year that 

15 an eligible institution participates in the grant pro16 gram under this section and subject to paragraph (3), 

17 such participating eligible institution shall receive a 

18 grant in an amount based on the product of— 

19 ‘‘(A) the actual cost of tuition and fees at 

20 the eligible institution in such year (referred to 

21 in this section as the per-student rebate); and 

22 ‘‘(B) the number of eligible students enrolled 

23 in the eligible institution for the preceding year. 

24 ‘‘(2) SUBSEQUENT INCREASES.—For each suc25 ceeding year after the first year of the grant program 

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1 under this section, each participating eligible institu2 tion shall receive a grant in the amount determined 

3 under paragraph (1) for such year, except that in no 

4 case shall the amount of the per-student rebate in5 crease by more than 3 percent as compared to the 

6 amount of such rebate for the preceding year. 

7 ‘‘(3) LIMITATIONS.— 

8 ‘‘(A) MAXIMUM PER-STUDENT REBATE.—No 

9 eligible institution participating in the grant 

10 program under this section shall receive a per11 student rebate amount for a grant year greater 

12 than the national average of public four-year in13 stitutional tuition and fees, as determined by the 

14 Secretary. 

15 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

16 During the first year of participation in the 

17 grant program under this section, no eligible in18 stitution may increase tuition and fees at a rate 

19 greater than any annual increase made by the 

20 institution in the previous 5 years. 

21 ‘‘(d) APPLICATION.—An eligible institution shall sub22 mit an application to the Secretary at such time, in such 

23 a manner, and containing such information as determined 

24 by the Secretary. 

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1 ‘‘(e) USE OF FUNDS.—Funds awarded under this sec2 tion to a participating eligible institution shall be used to 

3 waive or significantly reduce tuition and fees for eligible 

4 students in an amount of not more than up to the annual 

5 per-student rebate amount for each student, for not more 

6 than the first 60 credits an eligible student enrolls in the 

7 participating eligible institution. 

8 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Funds made 

9 available under section 499S to carry out this section shall 

10 be used to supplement, and not supplant, other Federal, 

11 State, and local funds that would otherwise be expended to 

12 carry out activities under this section. 

13 ‘‘SEC. 499R. DEFINITIONS. 

14 ‘‘In this subpart: 

15 ‘‘(1) ELIGIBLE STUDENT.— 

16 ‘‘(A) DEFINITION.—The term ‘eligible stu17 dent’ means a student, regardless of age, who— 

18 ‘‘(i)(I) enrolls in a historically black 

19 college or university, Tribal College or Uni20 versity, or minority-serving institution; or 

21 ‘‘(II) transfers from a community col22 lege into a historically black college or uni23 versity, Tribal College or University, or mi24 nority-serving institution; 

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1 ‘‘(ii) attends the historically black col2 lege or university, Tribal College or Univer3 sity, or minority-serving institution, on at 

4 least a half-time basis; 

5 ‘‘(iii) maintains satisfactory academic 

6 progress; and 

7 ‘‘(iv) is a low-income student. 

8 ‘‘(B) SPECIAL RULES.— 

9 ‘‘(i) FIRST 3 YEARS.—An otherwise eli10 gible student shall lose eligibility 3 calendar 

11 years after first receiving benefits under this 

12 title. 

13 ‘‘(ii) SPECIAL RULE FOR CERTAIN STU14 DENTS.—Notwithstanding subparagraph 

15 (A)(i), an otherwise eligible student whose 

16 parent or guardian was denied a Federal 

17 Direct PLUS loan under part D after No18 vember 1, 2011, and before March 29, 2015, 

19 and who subsequently withdrew from a his20 torically black college or university, Tribal 

21 College or University, or minority-serving 

22 institution, and has not yet completed a 

23 program of study at such historically black 

24 college or university or minority-serving in25 stitution, shall be eligible to participate 

947 

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1 under sections 499O, 499P, or 499Q in 

2 order to complete such program of study, 

3 subject to all other requirements of sections 

4 499O, 499P, or 499Q (as the case may be). 

5 ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNIVER6 SITY.—The term ‘historically black college or univer7 sity’ means a part B institution described in section 

8 322(2). 

9 ‘‘(3) LOW-INCOME STUDENT.—The term ‘low-in10 come student’— 

11 ‘‘(A) shall include any student eligible for a 

12 Federal Pell Grant under section 401; and 

13 ‘‘(B) may include a student ineligible for a 

14 Federal Pell Grant under section 401 who is de15 termined by the institution to be a low-income 

16 student based on an analysis of the student’s 

17 ability to afford the cost of attendance at the in18 stitution. 

19 ‘‘(4) MINORITY-SERVING INSTITUTION.—The 

20 term ‘minority-serving institution’ means any public 

21 or not-for-profit institution of higher education— 

22 ‘‘(A) described in paragraph (2) and para23 graphs (4) through (7) of section 371(a); and 

24 ‘‘(B) designated as a minority-serving insti25 tution by the Secretary. 

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1 ‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The 

2 term ‘Tribal College or University’ has the meaning 

3 given the term in section 316. 

4 ‘‘SEC. 499S. APPROPRIATIONS. 

5 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS FOR

6 HBCU, TCU, AND MSI GRANTS.—For the purpose of car7 rying out sections 499O, 499P, and 499Q there are author8 ized to be appropriated, and there are appropriated— 

9 ‘‘(1) $63,250,000 for fiscal year 2021; 

10 ‘‘(2) $206,990,000 for fiscal year 2022; 

11 ‘‘(3) $1,232,760,000 for fiscal year 2023; 

12 ‘‘(4) $1,282,210,000 for fiscal year 2024; 

13 ‘‘(5) $1,333,950,000 for fiscal year 2025; 

14 ‘‘(6) $1,386,850,000 for fiscal year 2026; 

15 ‘‘(7) $1,408,700,000 for fiscal year 2027; 

16 ‘‘(8) $1,501,850,000 for fiscal year 2028; 

17 ‘‘(9) $1,562,800,000 for fiscal year 2029; and 

18 ‘‘(10) $1,626,040,000 for fiscal year 2030 and 

19 each succeeding fiscal year. 

20 ‘‘(b) AVAILABILITY.—Funds appropriated under sub21 section (a) are to remain available to the Secretary until 

22 expended. 

23 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro24 priated under subsection (a) for a fiscal year is not suffi25 cient to award each participating institution in the grant 

949 

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1 programs under sections 499O, 499P, and 499Q a grant 

2 under this part equal to 100 percent of the grant amount 

3 determined under section 499O(c), 499P(c), or 499Q(c), as 

4 appropriate, the Secretary may ratably reduce the amount 

5 of each such grant or take other actions necessary to ensure 

6 an equitable distribution of such amount.’’. 

7 SEC. 4804. UNMET NEED FOR FEDERAL PELL GRANT RE8 CIPIENTS. 

9 Part J of title IV of the Higher Education Act of 1965 

10 (20 U.S.C. 1070 et seq.), as added and amended by this 

11 part, is further amended by adding at the end the following: 

12 ‘‘Subpart 4—Additional College Affordability Grants 

13 ‘‘SEC. 499T. UNMET NEED FOR FEDERAL PELL GRANT RE14 CIPIENTS. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

17 (2), from amounts appropriated under subsection (f) 

18 for any fiscal year, the Secretary may award grants 

19 to eligible States and Indian tribes described in para20 graph (3) to pay the Federal share of expenditures 

21 needed to carry out the activities and services de22 scribed in subsection (d). 

23 ‘‘(2) LIMITATION.—The Secretary may not make 

24 grants under paragraph (1) in fiscal year unless all 

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1 grants eligible to be made under subpart 1 have been 

2 made for such fiscal year. 

3 ‘‘(3) ELIGIBILITY.—A State or Indian tribe may 

4 only be eligible for a grant under this section in a fis5 cal year if such State or Indian tribe received a grant 

6 under subpart 1 for such fiscal year. 

7 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

8 ‘‘(1) FEDERAL SHARE.— 

9 ‘‘(A) FORMULA.—Subject to paragraph (2), 

10 the Federal share of a grant under this section 

11 shall be based on a formula, determined by the 

12 Secretary, that— 

13 ‘‘(i) accounts for the State or Indian 

14 tribe’s share of Pell Grant recipients; 

15 ‘‘(ii) provides, for each Pell Grant re16 cipient in the State or Indian tribe, a per17 student amount that is at least 75 percent 

18 of— 

19 ‘‘(I) for the first award year for 

20 which grants are made under this sec21 tion, the average unmet need of Pell 

22 Grant recipients in all States for the 

23 most recent year for which data are 

24 available; and 

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1 ‘‘(II) for each subsequent award 

2 year, the amount determined under 

3 this subparagraph for the preceding 

4 award year, increased by the lesser 

5 of— 

6 ‘‘(aa) a percentage equal to 

7 the estimated percentage increase 

8 in the Consumer Price Index (as 

9 determined by the Secretary) since 

10 the date of such determination; or 

11 ‘‘(bb) 3 percent. 

12 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

13 TRIBES.—In any case in which not less than 75 

14 percent of the students at the institutions of 

15 higher education operated or controlled by an In16 dian tribe are low-income students, the amount 

17 of the Federal share for such Indian tribe shall 

18 be not less than 95 percent of the total amount 

19 needed to waive tuition and fees for all Pell 

20 Grant recipients enrolled in such institutions of 

21 higher education. 

22 ‘‘(2) STATE OR TRIBAL SHARE.— 

23 ‘‘(A) FORMULA.— 

24 ‘‘(i) IN GENERAL.—The State or tribal 

25 share of a grant under this section for each 

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1 fiscal year shall be the amount needed to 

2 pay 25 percent of the average unmet need of 

3 Pell Grant recipients in all States in the 

4 first award year for which grants are made 

5 under this section for all Pell Grant recipi6 ents in the State or Indian tribe, respec7 tively, for such fiscal year, except as pro8 vided in clause (ii). 

9 ‘‘(ii) EXCEPTION FOR CERTAIN INDIAN

10 TRIBES.—In the case of an Indian tribe de11 scribed in paragraph (1)(B), the amount of 

12 such Indian tribe’s tribal share shall not ex13 ceed 5 percent of the total amount needed to 

14 pay the average unmet need for all Pell 

15 Grant recipients enrolled in the institutions 

16 of higher education described in such para17 graph. 

18 ‘‘(B) NEED-BASED AID.—A State or Indian 

19 tribe may include, as part of the State or tribal 

20 share, any need-based financial aid that— 

21 ‘‘(i) is provided from State or tribal 

22 funds to a Pell Grant recipient; and 

23 ‘‘(ii) may be used by such student to 

24 pay costs of attendance other than tuition 

25 and fees. 

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1 ‘‘(3) DETERMINING NUMBER OF PELL GRANT RE2 CIPIENTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall de4 velop and implement a process for accurately es5 timating the number of Pell Grant recipients in 

6 a State or Indian tribe for purposes of para7 graphs (1) and (2). 

8 ‘‘(B) INITIAL DETERMINATION.—For the 

9 first year for which grants are awarded under 

10 this section, the number of Pell Grant recipients 

11 in a State or Indian tribe shall be considered to 

12 be equal to the number of Pell Grant recipients 

13 that were in the State or tribe for the preceding 

14 school year. 

15 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

16 later than 180 days after the date on which a State 

17 or Indian tribe receives a grant under this section, 

18 the Secretary shall— 

19 ‘‘(A) in consultation with the State or tribe 

20 concerned, determine whether the actual number 

21 of Pell Grant recipients in the State or Tribe for 

22 the year covered by the grant is greater than the 

23 estimated number of such students that was used 

24 to determine the amount of the grant; and 

954 

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1 ‘‘(B) if it is determined under paragraph 

2 (1) that the actual number of Pell Grant recipi3 ents in the State or Tribe is higher than such es4 timate, issue a supplementary grant payment to 

5 the State or tribe in an amount that ensures that 

6 the total amount of the grant funds received by 

7 the State or tribe under this section for the year 

8 covered by the grant accurately reflects the higher 

9 number of Pell Grant recipients. 

10 ‘‘(c) APPLICATIONS.—In order to receive a grant under 

11 this section, a State or tribe shall submit an application 

12 to the Secretary at such time, in such manner, and con13 taining such information as the Secretary may require. 

14 ‘‘(d) ALLOWABLE USES OF FUNDS.— 

15 ‘‘(1) IN GENERAL.—A State or Indian tribe shall 

16 use a grant under this section only to provide to each 

17 Pell Grant recipient a grant that equals the unmet 

18 need of such recipient. 

19 ‘‘(2) ANNUAL REPORT.—A State or Indian tribe 

20 receiving a grant under this section shall submit an 

21 annual report to the Secretary describing the uses of 

22 grant funds under this section, the progress made in 

23 fulfilling the requirements of the grant, and rates of 

24 transfer, graduation, and attainment of recognized 

25 postsecondary credentials at institutions of higher 

955 

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1 education in the State or Indian tribe, including such 

2 rates disaggregated by race, income, and age, and in3 cluding any other information as the Secretary may 

4 require. 

5 ‘‘(3) REPORTING BY THE SECRETARY.—The Sec6 retary annually shall— 

7 ‘‘(A) compile and analyze the information 

8 described in paragraph (2); and 

9 ‘‘(B) prepare and submit a report to the 

10 Committee on Health, Education, Labor, and 

11 Pensions of the Senate and the Committee on 

12 Education and Labor of the House of Represent13 atives containing the analysis described in sub14 paragraph (A) and an identification of State 

15 and Indian tribe best practices for achieving the 

16 purpose of this section. 

17 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

18 shall provide technical assistance to eligible States 

19 and Indian tribes concerning best practices regarding 

20 the promising and evidence-based institutional re21 forms and innovative practices to improve student 

22 outcomes and shall disseminate such best practices 

23 among the States and Indian tribes. 

24 ‘‘(5) CONTINUATION OF FUNDING.— 

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1 ‘‘(A) IN GENERAL.—A State or Indian tribe 

2 receiving a grant under this section for a fiscal 

3 year may continue to receive funding under this 

4 section for future fiscal years conditioned on the 

5 availability of budget authority and on meeting 

6 the requirements of the grant, as determined by 

7 the Secretary. 

8 ‘‘(B) DISCONTINUATION.—The Secretary 

9 may discontinue funding of the Federal share of 

10 a grant under this section if the State or Indian 

11 tribe has violated the terms of the grant. 

12 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds 

13 made available under this section shall be used to 

14 supplement, and not supplant, other Federal, State, 

15 and local funds that would otherwise be expended to 

16 carry out activities under this section. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ has 

19 the meaning given the term in section 102 of the Fed20 erally Recognized Indian Tribe List Act of 1994 (25 

21 U.S.C. 479a). 

22 ‘‘(2) INSTITUTION OF HIGHER EDUCATION.—The 

23 term ‘institution of higher education’ has the meaning 

24 given the term in section 101. 

25 ‘‘(3) PELL GRANT RECIPIENT.— 

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1 ‘‘(A) DEFINITION.—The term ‘Pell Grant 

2 recipient’ means a student who— 

3 ‘‘(i) attends a public institution of 

4 higher education on not less than a half5 time basis; 

6 ‘‘(ii) is a recipient of a Federal Pell 

7 Grant under subpart 1 of part A of title IV 

8 of this Act; 

9 ‘‘(iii) is maintaining satisfactory 

10 progress (as defined in section 484(c)) in 

11 the student’s course of study; 

12 ‘‘(iv) is enrolled in an eligible program 

13 (as defined in section 481(b)); and 

14 ‘‘(v) either— 

15 ‘‘(I) qualifies for in-State resident 

16 institution of higher education tuition, 

17 as determined by the State or Indian 

18 tribe; or 

19 ‘‘(II) would qualify for such in20 State tuition, but for the immigration 

21 status of such student. 

22 ‘‘(B) SPECIAL RULE.—An otherwise Pell 

23 Grant recipient shall lose eligibility under this 

24 section— 

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1 ‘‘(i) after 3 years of receiving benefits 

2 under this section for enrollment at a com3 munity college (as defined in section 499F); 

4 and 

5 ‘‘(ii) after 6 years of receiving benefits 

6 under this section for enrollment in a 4- 

7 year institution of higher education. 

8 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN9 TIAL.—The term ‘recognized postsecondary credential’ 

10 has the meaning as described in section 3 of the 

11 Workforce Innovation and Opportunity Act (29 

12 U.S.C. 3102). 

13 ‘‘(5) STATE.—The term ‘State’ has the meaning 

14 given the term in section 103. 

15 ‘‘(6) UNMET NEED.—The term ‘unmet need’ 

16 means, with respect to a Pell Grant recipient, the 

17 amount determined by calculating the difference be18 tween— 

19 ‘‘(A) the institution’s cost of attendance (as 

20 defined in section 472) for the year for which the 

21 determination is made; and 

22 ‘‘(B) the sum of— 

23 ‘‘(i) the total amount of need-based 

24 grant aid and merit-based grant aid, from 

25 Federal, State, and institutional sources, 

959 

•HR 4674 RH

1 provided to such Pell Grant recipient for 

2 the year for which the determination is 

3 made; and 

4 ‘‘(ii) the expected family contribution 

5 for such Pell Grant recipient for the year 

6 for which the determination is made. 

7 ‘‘(f) APPROPRIATIONS.— 

8 ‘‘(1) AUTHORIZATION AND APPROPRIATIONS.— 

9 For the purpose of making grants under this section 

10 there are authorized to be appropriated such sums as 

11 may be necessary to carry out this section for fiscal 

12 year 2021 and each succeeding fiscal year. 

13 ‘‘(2) AVAILABILITY.—Funds appropriated under 

14 paragraph (1) shall remain available to the Secretary 

15 until expended. 

16 ‘‘(3) INSUFFICIENT FUNDS.—If the amount ap17 propriated under paragraph (1) for a fiscal year is 

18 not sufficient to award each participating State and 

19 Indian tribe a grant under this section that is equal 

20 to the minimum amount of the Federal share de21 scribed in subsection (b), the Secretary may ratably 

22 reduce the amount of each such grant or take other 

23 actions necessary to ensure an equitable distribution 

24 of such amount. 

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1 ‘‘(4) TRANSFER AVAILABILITY.—The Secretary is 

2 authorized, subject to the availability of appropria3 tions, to transfer amounts authorized to be appro4 priated to carry out subpart 1 for a fiscal year to 

5 make grants under this section if all grants eligible 

6 to be made under such subpart have been made for 

7 such fiscal year.’’. 

8 SEC. 4805. UNMET NEED FOR STUDENTS. 

9 Subpart 4 of part J of title IV of the Higher Education 

10 Act of 1965 (20 U.S.C. 1070 et seq.), as added and amended 

11 by this part, is further amended by adding at the end the 

12 following: 

13 ‘‘SEC. 499U. UNMET NEED FOR STUDENTS. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

16 (2), from amounts appropriated under subsection (f) 

17 for any fiscal year, the Secretary may award grants 

18 to eligible States and Indian tribes described in para19 graph (3) to pay the Federal share of expenditures 

20 needed to carry out the activities and services de21 scribed in subsection (d). 

22 ‘‘(2) LIMITATION.—The Secretary may not make 

23 grants under paragraph (1) in fiscal year unless— 

961 

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1 ‘‘(A) all grants eligible to be made under 

2 subpart 1 have been made for such fiscal year; 

3 and 

4 ‘‘(B) all grants eligible to be made under 

5 section 499T have been made for such fiscal year. 

6 ‘‘(3) ELIGIBILITY.—A State or Indian tribe may 

7 only be eligible for a grant under this section in a fis8 cal year if such State or Indian tribe received— 

9 ‘‘(A) a grant under subpart 1 for such fiscal 

10 year; and 

11 ‘‘(B) a grant under 499T for such fiscal 

12 year. 

13 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

14 ‘‘(1) FEDERAL SHARE.— 

15 ‘‘(A) FORMULA.—Subject to paragraph (2), 

16 the Federal share of a grant under this section 

17 shall be based on a formula, determined by the 

18 Secretary, that— 

19 ‘‘(i) accounts for the State or Indian 

20 tribe’s share of eligible students; 

21 ‘‘(ii) provides, for each eligible student 

22 in the State or Indian tribe, a per-student 

23 amount that is at least 75 percent of— 

24 ‘‘(I) for the first award year for 

25 which grants are made under this secVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00961 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
962 

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1 tion, the average unmet need of eligible 

2 students in all States for the most re3 cent year for which data are available; 

4 and 

5 ‘‘(II) for each subsequent award 

6 year, the amount determined under 

7 this subparagraph for the preceding 

8 award year, increased by the lesser 

9 of— 

10 ‘‘(aa) a percentage equal to 

11 the estimated percentage increase 

12 in the Consumer Price Index (as 

13 determined by the Secretary) since 

14 the date of such determination; or 

15 ‘‘(bb) 3 percent. 

16 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

17 TRIBES.—In any case in which not less than 75 

18 percent of the students at the institutions of 

19 higher education operated or controlled by an In20 dian tribe are low-income students, the amount 

21 of the Federal share for such Indian tribe shall 

22 be not less than 95 percent of the total amount 

23 needed to waive tuition and fees for all eligible 

24 students enrolled in such institutions of higher 

25 education. 

963 

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1 ‘‘(2) STATE OR TRIBAL SHARE.— 

2 ‘‘(A) FORMULA.— 

3 ‘‘(i) IN GENERAL.—The State or tribal 

4 share of a grant under this section for each 

5 fiscal year shall be the amount needed to 

6 pay 25 percent of the average unmet need of 

7 eligible students in all States in the first 

8 award year for which grants are made 

9 under this section for all eligible students in 

10 the State or Indian tribe, respectively, for 

11 such fiscal year, except as provided in 

12 clause (ii). 

13 ‘‘(ii) EXCEPTION FOR CERTAIN INDIAN

14 TRIBES.—In the case of an Indian tribe de15 scribed in paragraph (1)(B), the amount of 

16 such Indian tribe’s tribal share shall not ex17 ceed 5 percent of the total amount needed to 

18 pay the average unmet need for all eligible 

19 students enrolled in the institutions of high20 er education described in such subpara21 graph. 

22 ‘‘(B) NEED-BASED AID.—A State or Indian 

23 tribe may include, as part of the State or tribal 

24 share, any need-based financial aid that— 

964 

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1 ‘‘(i) is provided from State or tribal 

2 funds to an eligible student; and 

3 ‘‘(ii) may be used by such student to 

4 pay costs of attendance other than tuition 

5 and fees. 

6 ‘‘(3) DETERMINING NUMBER OF ELIGIBLE STU7 DENTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary shall de9 velop and implement a process for accurately es10 timating the number of eligible students in a 

11 State or Indian tribe for purposes of paragraphs 

12 (1) and (2). 

13 ‘‘(B) INITIAL DETERMINATION.—For the 

14 first year for which grants are awarded under 

15 this section, the number of eligible students in a 

16 State or Indian tribe shall be considered to be 

17 equal to the number of eligible students that were 

18 in the State or tribe for the preceding school 

19 year. 

20 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

21 later than 180 days after the date on which a State 

22 or Indian tribe receives a grant under this section, 

23 the Secretary shall— 

24 ‘‘(A) in consultation with the State or tribe 

25 concerned, determine whether the actual number 

965 

•HR 4674 RH

1 of eligible students in the State or Tribe for the 

2 year covered by the grant is greater than the es3 timated number of such students that was used 

4 to determine the amount of the grant; and 

5 ‘‘(B) if it is determined under paragraph 

6 (1) that the actual number of eligible students in 

7 the State or Tribe is higher than such estimate, 

8 issue a supplementary grant payment to the 

9 State or tribe in an amount that ensures that the 

10 total amount of the grant funds received by the 

11 State or tribe under this section for the year cov12 ered by the grant accurately reflects the higher 

13 number of eligible students. 

14 ‘‘(c) APPLICATIONS.—In order to receive a grant under 

15 this section, a State or tribe shall submit an application 

16 to the Secretary at such time, in such manner, and con17 taining such information as the Secretary may require. 

18 ‘‘(d) ALLOWABLE USES OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—A State or Indian tribe shall 

20 use a grant under this section only to provide to each 

21 eligible student a grant that equals the unmet need of 

22 such recipient. 

23 ‘‘(2) ANNUAL REPORT.—A State or Indian tribe 

24 receiving a grant under this section shall submit an 

25 annual report to the Secretary describing the uses of 

966 

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1 grant funds under this section, the progress made in 

2 fulfilling the requirements of the grant, and rates of 

3 transfer, graduation, and attainment of recognized 

4 postsecondary credentials at institutions of higher 

5 education in the State or Indian tribe, including such 

6 rates disaggregated by race, income, and age, and in7 cluding any other information as the Secretary may 

8 require. 

9 ‘‘(3) REPORTING BY THE SECRETARY.—The Sec10 retary annually shall— 

11 ‘‘(A) compile and analyze the information 

12 described in paragraph (2); and 

13 ‘‘(B) prepare and submit a report to the 

14 Committee on Health, Education, Labor, and 

15 Pensions of the Senate and the Committee on 

16 Education and Labor of the House of Represent17 atives containing the analysis described in sub18 paragraph (A) and an identification of State 

19 and Indian tribe best practices for achieving the 

20 purpose of this section. 

21 ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary 

22 shall provide technical assistance to eligible States 

23 and Indian tribes concerning best practices regarding 

24 the promising and evidence-based institutional re25 forms and innovative practices to improve student 

967 

•HR 4674 RH

1 outcomes and shall disseminate such best practices 

2 among the States and Indian tribes. 

3 ‘‘(5) CONTINUATION OF FUNDING.— 

4 ‘‘(A) IN GENERAL.—A State or Indian tribe 

5 receiving a grant under this section for a fiscal 

6 year may continue to receive funding under this 

7 section for future fiscal years conditioned on the 

8 availability of budget authority and on meeting 

9 the requirements of the grant, as determined by 

10 the Secretary. 

11 ‘‘(B) DISCONTINUATION.—The Secretary 

12 may discontinue funding of the Federal share of 

13 a grant under this section if the State or Indian 

14 tribe has violated the terms of the grant. 

15 ‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds 

16 made available under this section shall be used to 

17 supplement, and not supplant, other Federal, State, 

18 and local funds that would otherwise be expended to 

19 carry out activities under this section. 

20 ‘‘(e) DEFINITIONS.—In this section: 

21 ‘‘(1) ELIGIBLE STUDENT.— 

22 ‘‘(A) DEFINITION.—The term ‘eligible stu23 dent’ means a student who— 

968 

•HR 4674 RH

1 ‘‘(i) attends a public institution of 

2 higher education on not less than a half3 time basis; 

4 ‘‘(ii) is not a recipient of a Federal 

5 Pell Grant under subpart 1 of part A of 

6 title IV of this Act; 

7 ‘‘(iii) is maintaining satisfactory 

8 progress (as defined in section 484(c)) in 

9 the student’s course of study; 

10 ‘‘(iv) is enrolled in an eligible program 

11 (as defined in section 481(b)); and 

12 ‘‘(v) either— 

13 ‘‘(I) qualifies for in-State resident 

14 institution of higher education tuition, 

15 as determined by the State or Indian 

16 tribe; or 

17 ‘‘(II) would qualify for such in18 State tuition, but for the immigration 

19 status of such student. 

20 ‘‘(B) SPECIAL RULE.—An otherwise eligible 

21 student shall lose eligibility under this section— 

22 ‘‘(i) after 3 years of receiving benefits 

23 under this section for enrollment at a com24 munity college (as defined in section 499F); 

25 and 

969 

•HR 4674 RH

1 ‘‘(ii) after 6 years of receiving benefits 

2 under this section for enrollment in a 4- 

3 year institution of higher education. 

4 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has 

5 the meaning given the term in section 102 of the Fed6 erally Recognized Indian Tribe List Act of 1994 (25 

7 U.S.C. 479a). 

8 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

9 term ‘institution of higher education’ has the meaning 

10 given the term in section 101. 

11 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN12 TIAL.—The term ‘recognized postsecondary credential’ 

13 has the meaning as described in section 3 of the 

14 Workforce Innovation and Opportunity Act (29 

15 U.S.C. 3102). 

16 ‘‘(5) STATE.—The term ‘State’ has the meaning 

17 given the term in section 103. 

18 ‘‘(6) UNMET NEED.—The term ‘unmet need’ 

19 means, with respect to an eligible student, the amount 

20 determined by calculating the difference between— 

21 ‘‘(A) the institution’s cost of attendance (as 

22 defined in section 472) for the year for which the 

23 determination is made; and 

24 ‘‘(B) the sum of— 

970 

•HR 4674 RH

1 ‘‘(i) the total amount of need-based 

2 grant aid and merit-based grant aid, from 

3 Federal, State, and institutional sources, 

4 provided to such eligible student for the 

5 year for which the determination is made; 

6 and 

7 ‘‘(ii) the expected family contribution 

8 for such eligible student for the year for 

9 which the determination is made. 

10 ‘‘(f) APPROPRIATIONS.— 

11 ‘‘(1) AUTHORIZATION AND APPROPRIATIONS.— 

12 For the purpose of making grants under this section 

13 there are authorized to be appropriated such sums as 

14 may be necessary to carry out this section for fiscal 

15 year 2021 and each succeeding fiscal year. 

16 ‘‘(2) AVAILABILITY.—Funds appropriated under 

17 paragraph (1) shall remain available to the Secretary 

18 until expended. 

19 ‘‘(3) INSUFFICIENT FUNDS.—If the amount ap20 propriated under paragraph (1) for a fiscal year is 

21 not sufficient to award each participating State and 

22 Indian tribe a grant under this section that is equal 

23 to the minimum amount of the Federal share de24 scribed in subsection (b), the Secretary may ratably 

25 reduce the amount of each such grant or take other 

971 

•HR 4674 RH

1 actions necessary to ensure an equitable distribution 

2 of such amount. 

3 ‘‘(4) TRANSFER AVAILABILITY.—The Secretary is 

4 authorized, subject to the availability of appropria5 tions, to transfer amounts authorized to be appro6 priated to carry out subpart 1 or to carry out section 

7 499T for a fiscal year to make grants under this sec8 tion if— 

9 ‘‘(A) all grants eligible to be made under 

10 such subpart have been made for such fiscal year; 

11 and 

12 ‘‘(B) all grants eligible to be made under 

13 such section have been made for such fiscal 

14 year.’’. 

15 SEC. 4806. TUITION WAIVERS. 

16 Subpart 4 of part J of title IV of the Higher Education 

17 Act of 1965 (20 U.S.C. 1070 et seq.), as added and amended 

18 by this part, is further amended by adding at the end the 

19 following: 

20 ‘‘SEC. 499V. TUITION WAIVERS. 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) GRANT PROGRAM.—Subject to paragraph 

23 (2), from amounts appropriated under subsection (g) 

24 for any fiscal year, the Secretary may award grants 

25 to eligible States and Indian tribes to pay the Federal 

972 

•HR 4674 RH

1 share of expenditures needed to carry out the activi2 ties and services described in subsection (d). 

3 ‘‘(2) LIMITATION.—The Secretary may not make 

4 grants under paragraph (1) in fiscal year unless— 

5 ‘‘(A) all grants eligible to be made under 

6 subpart 1 have been made for such fiscal year; 

7 ‘‘(B) all grants eligible to be made under 

8 499T have been made for such fiscal year; and 

9 ‘‘(C) all grants eligible to be made under 

10 499U have been made for such fiscal year. 

11 ‘‘(3) ELIGIBILITY.—A State or Indian tribe may 

12 only be eligible for a grant under this section in a fis13 cal year if such State or Indian tribe received— 

14 ‘‘(A) a grant under subpart 1 for such fiscal 

15 year; 

16 ‘‘(B) a grant under section 499T for such 

17 fiscal year; and 

18 ‘‘(C) a grant under 499U for such fiscal 

19 year. 

20 ‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 

21 ‘‘(1) FEDERAL SHARE.— 

22 ‘‘(A) FORMULA.—Subject to paragraph (2), 

23 the Federal share of a grant under this section 

24 shall be based on a formula, determined by the 

25 Secretary, that— 

973 

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1 ‘‘(i) accounts for the State or Indian 

2 tribe’s share of eligible students; 

3 ‘‘(ii) provides, for each eligible student 

4 in the State or Indian tribe, a per-student 

5 amount that is at least 75 percent of— 

6 ‘‘(I) for the first award year for 

7 which grants are made under this sec8 tion, the average resident public 4-year 

9 institutions of higher education tuition 

10 and fees per student in all States for 

11 the most recent year for which data are 

12 available; and 

13 ‘‘(II) for each subsequent award 

14 year, the amount determined under 

15 this subparagraph for the preceding 

16 award year, increased by the lesser 

17 of— 

18 ‘‘(aa) a percentage equal to 

19 the estimated percentage increase 

20 in the Consumer Price Index (as 

21 determined by the Secretary) since 

22 the date of such determination; or 

23 ‘‘(bb) 3 percent. 

24 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

25 TRIBES.—In any case in which not less than 75 

974 

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1 percent of the students at the institutions of 

2 higher education operated or controlled by an In3 dian tribe are low-income students, the amount 

4 of the Federal share for such Indian tribe shall 

5 be not less than 95 percent of the total amount 

6 needed to waive tuition and fees for all eligible 

7 students enrolled in such institutions of higher 

8 education. 

9 ‘‘(2) STATE OR TRIBAL SHARE.— 

10 ‘‘(A) FORMULA.— 

11 ‘‘(i) IN GENERAL.—The State or tribal 

12 share of a grant under this section for each 

13 fiscal year shall be the amount needed to 

14 pay 25 percent of the average resident pub15 lic 4-year institutions of higher education 

16 tuition and fees for eligible students in all 

17 States in first award year for which grants 

18 are made under this section for all eligible 

19 students in the State or Indian tribe, re20 spectively, for such fiscal year, except as 

21 provided in clause (ii). 

22 ‘‘(ii) EXCEPTION FOR CERTAIN INDIAN

23 TRIBES.—In the case of an Indian tribe de24 scribed in paragraph (1)(B), the amount of 

25 such Indian tribe’s tribal share shall not exVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00974 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
975 

•HR 4674 RH

1 ceed 5 percent of the total amount needed to 

2 waive tuition and fees for all eligible stu3 dents enrolled in the institutions of higher 

4 education described in such paragraph. 

5 ‘‘(B) NEED-BASED AID.—A State or Indian 

6 tribe may include, as part of the State or tribal 

7 share, any need-based financial aid that— 

8 ‘‘(i) is provided from State or tribal 

9 funds to an eligible student; and 

10 ‘‘(ii) may be used by such student to 

11 pay costs of attendance other than tuition 

12 and fees. 

13 ‘‘(3) DETERMINING NUMBER OF ELIGIBLE STU14 DENTS.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall de16 velop and implement a process for accurately es17 timating the number of eligible students in a 

18 State or Indian tribe for purposes of paragraphs 

19 (1) and (2). 

20 ‘‘(B) INITIAL DETERMINATION.—For the 

21 first year for which grants are awarded under 

22 this section, the number of eligible students in a 

23 State or Indian tribe shall be considered to be 

24 equal to the number of eligible students that were 

976 

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1 in the State or tribe for the preceding school 

2 year. 

3 ‘‘(4) ADJUSTMENT OF GRANT AMOUNT.—Not 

4 later than 180 days after the date on which a State 

5 or Indian tribe receives a grant under this section, 

6 the Secretary shall— 

7 ‘‘(A) in consultation with the State or tribe 

8 concerned, determine whether the actual number 

9 of eligible students in the State or Tribe for the 

10 year covered by the grant is greater than the es11 timated number of such students that was used 

12 to determine the amount of the grant; and 

13 ‘‘(B) if it is determined under paragraph 

14 (1) that the actual number of eligible students in 

15 the State or Tribe is higher than such estimate, 

16 issue a supplementary grant payment to the 

17 State or tribe in an amount that ensures that the 

18 total amount of the grant funds received by the 

19 State or tribe under this section for the year cov20 ered by the grant accurately reflects the higher 

21 number of eligible students. 

22 ‘‘(c) APPLICATIONS.—In order to receive a grant under 

23 this section, 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. 

977 

•HR 4674 RH

1 ‘‘(d) GENERAL REQUIREMENTS.—As a condition of re2 ceiving a grant under this subpart a State or Indian tribe 

3 shall meet the following requirements: 

4 ‘‘(1) For each year of the grant the total amount 

5 of public 4-year institution of higher education resi6 dent tuition and fees charged to an eligible student in 

7 the State or Indian tribe shall be $0. 

8 ‘‘(2) For each year of the grant no amount of fi9 nancial assistance for which an eligible student quali10 fies may be applied to such tuition or fees. 

11 ‘‘(e) ALLOWABLE USES OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—A State or Indian tribe shall 

13 use a grant under this section only to provide funds 

14 to participating public 4-year institutions to enable 

15 such public 4-year institutions to waive resident tui16 tion and fees for eligible students as required under 

17 subsection (d). 

18 ‘‘(2) ANNUAL REPORT.—A State or Indian tribe 

19 receiving a grant under this section shall submit an 

20 annual report to the Secretary describing the uses of 

21 grant funds under this section, the progress made in 

22 fulfilling the requirements of the grant, and rates of 

23 transfer, graduation, and attainment of recognized 

24 postsecondary credentials at institutions of higher 

25 education in the State or Indian tribe, including such 

978 

•HR 4674 RH

1 rates disaggregated by race, income, and age, and in2 cluding any other information as the Secretary may 

3 require. 

4 ‘‘(3) REPORTING BY THE SECRETARY.—The Sec5 retary 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 Represent12 atives containing the analysis described in sub13 paragraph (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 regarding 

19 the promising and evidence-based institutional re20 forms 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 tribe 

25 receiving a grant under this section for a fiscal 

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1 year may continue to receive funding under this 

2 section for future fiscal years conditioned on the 

3 availability of budget authority and on meeting 

4 the requirements of the grant, as determined by 

5 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 resident 

5 institution of higher education tuition, 

6 as determined by the State or Indian 

7 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 eligible 

12 student shall lose eligibility under this section 

13 after 6 years of receiving benefits under this sec14 tion. 

15 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ has 

16 the meaning given the term in section 102 of the Fed17 erally Recognized Indian Tribe List Act of 1994 (25 

18 U.S.C. 479a). 

19 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

20 term ‘institution of higher education’ has the meaning 

21 given the term in section 101. 

22 ‘‘(4) RECOGNIZED POSTSECONDARY CREDEN23 TIAL.—The term ‘recognized postsecondary credential’ 

24 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 meaning 

4 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 as 

9 may be necessary to carry out this section for fiscal 

10 year 2021 and each succeeding fiscal year. 

11 ‘‘(2) AVAILABILITY.—Funds appropriated under 

12 paragraph (1) shall remain available to the Secretary 

13 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 is 

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1 priated to carry out subpart 1, to carry out 499T, 

2 and to carry out 499U for a fiscal year to make 

3 grants under this section if— 

4 ‘‘(A) all grants eligible to be made under 

5 such subpart have been made for such fiscal year; 

6 ‘‘(B) all grants eligible to be made under 

7 499T have been made for such year; and 

8 ‘‘(C) all grants eligible to be made under 

9 499U have been made for such fiscal year.’’. 

10 SEC. 4807. EXPANSION FOR PRIVATE INSTITUTIONS. 

11 Subpart 4 of part J of title IV of the Higher Education 

12 Act of 1965 (20 U.S.C. 1070 et seq.), as added and amended 

13 by this part, is further amended by adding at the end the 

14 following: 

15 ‘‘SEC. 499W. EXPANSION FOR PRIVATE INSTITUTIONS. 

16 ‘‘(a) AUTHORITY.—The Secretary may establish a pro17 gram under which— 

18 ‘‘(1) a State that participates in section 499T 

19 may elect to carry out the grant programs under such 

20 section to students who— 

21 ‘‘(A) meet the requirements under clauses 

22 (ii) through (iv) of subparagraph (A) and sub23 paragraph (B) of subsection (e)(3) of such sec24 tion; and 

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1 ‘‘(B) attend a nonprofit private institution 

2 of higher education in such State on not less 

3 than a half time basis; and 

4 ‘‘(2) a State that participates in section 499U 

5 may elect to carry out the grant programs under such 

6 section to students who— 

7 ‘‘(A) meet the requirements under clauses 

8 (ii) through (iv) of subparagraph (A) and sub9 paragraph (B) of subsection (e)(1) of such sec10 tion; and 

11 ‘‘(B) attend a nonprofit private institution 

12 of higher education in such State on not less 

13 than a half time basis. 

14 ‘‘(b) PROGRAM REQUIREMENTS.—The Secretary shall 

15 set eligibility standards for nonprofit private institutions 

16 of higher education which shall, at a minimum, include— 

17 ‘‘(1) benchmarks for the enrollment of low-income 

18 students; 

19 ‘‘(2) a requirement that any nonprofit private 

20 institution of higher education that participates in a 

21 grant program pursuant to this section may not re22 duce the funding for institutional need-based aid; or 

23 ‘‘(3) a requirement that grant amounts for stu24 dents at such institutions of higher education shall 

25 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 necessary 

6 to carry out this section for fiscal year 2021 and each suc7 ceeding 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 part20 nerships with institutions of higher education outside 

21 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 attending 

14 such institution.’’. 

15 SEC. 5002. PROMOTING POSTBACCALAUREATE OPPORTUNI16 TIES FOR HISPANIC AMERICANS. 

17 (a) PROGRAM AUTHORITY.—Section 512 of the Higher 

18 Education Act of 1965 (20 U.S.C. 1102a) is amended by 

19 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 amend13 ed 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 described 

21 in subsection (c). 

22 ‘‘(2) PROHIBITION.—A grant awarded under this 

23 part may not be used for activities under both sub24 sections (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 oppor5 tunities 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, and 

10 improvement of classrooms, libraries, laboratories, 

11 and other instructional facilities, including purchase 

12 or rental of telecommunications technology equipment 

13 or services. 

14 ‘‘(3) Purchase of library books, periodicals, tech15 nical and other scientific journals, microfilm, micro16 fiche, and other educational materials, including tele17 communications 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 Internet 

25 or other distance education technologies, including 

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1 purchase or rental of telecommunications technology 

2 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 purposes 

9 of this part; and 

10 ‘‘(B) are approved by the Secretary as part 

11 of the review and acceptance of such application. 

12 ‘‘(c) FACULTY DEVELOPMENT ACTIVITIES.—Grants 

13 awarded under this part may be used for one or more of 

14 the following activities for faculty development: 

15 ‘‘(1) Support of faculty exchanges, faculty devel16 opment, faculty research, curriculum development, 

17 and academic instruction. 

18 ‘‘(2) Financial support to graduate students 

19 planning to pursue academic careers who desire to be20 come faculty at Hispanic-serving institutions. 

21 ‘‘(3) Career services in preparing for an aca22 demic career and identifying opportunities. 

23 ‘‘(4) Developing partnerships between Hispanic24 serving institutions to help graduate students and 

25 hiring institutions connect with each other. 

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1 ‘‘(5) Faculty recruitment efforts with an empha2 sis on graduates from Hispanic-serving institutions 

3 and other minority-serving institutions. 

4 ‘‘(6) Recruitment and retention incentives to 

5 allow Hispanic-serving institutions to make competi6 tive offers to potential faculty, including use of funds 

7 for student loan repayment. 

8 ‘‘(7) Research support specifically for early ca9 reer faculty.’’. 

10 SEC. 5003. GENERAL PROVISIONS. 

11 Section 528(a) of the Higher Education Act of 1965 

12 (20 U.S.C. 1103g(a)) is amended— 

13 (1) in paragraph (1), by striking 

14 ‘‘$175,000,000’’ and inserting ‘‘$350,000,000’’; 

15 (2) in paragraph (2), by striking 

16 ‘‘$100,000,000’’ and inserting ‘‘$115,000,000’’; 

17 (3) by striking ‘‘2009’’ each place it appears and 

18 inserting ‘‘2021’’; and 

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

20 ‘‘(3) RESERVATION FOR TECHNICAL ASSIST21 ANCE.—From the amounts appropriated under para22 graph (1) to carry out part A for a fiscal year, the 

23 Secretary shall reserve 0.75 percent to carry out tech24 nical assistance and administrative training for staff 

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1 and faculty at Hispanic-serving institutions under 

2 such part.’’. 

3 TITLE VI—INTERNATIONAL 

4 EDUCATION PROGRAMS 

5 SEC. 6001. INTERNATIONAL EDUCATION. 

6 (a) GRADUATE AND UNDERGRADUATE LANGUAGE AND

7 AREA CENTERS AND PROGRAMS.—Section 602(b)(2)(B)(ii) 

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

9 1122(b)(2)(B)(ii)) is amended— 

10 (1) in subclause (III), by striking ‘‘or’’; 

11 (2) in subclause (IV), by striking the period at 

12 the end and inserting ‘‘; or’’; and 

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

14 ‘‘(V) the beginning, intermediate, or 

15 advanced study of a foreign language re16 lated to the area of specialization.’’. 

17 (b) INTERNATIONAL RESEARCH AND INNOVATION.— 

18 Section 605 of the Higher Education Act of 1965 (20 U.S.C. 

19 1125) is amended to read as follows: 

20 ‘‘SEC. 605. INTERNATIONAL RESEARCH AND INNOVATION. 

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

22 support essential international and foreign language edu23 cation research and innovation projects with the goal of as24 sessing and strengthening international education capacity, 

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1 coordination, delivery, and outcomes to meet national 

2 needs. 

3 ‘‘(b) AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—From the amount provided 

5 to carry out this section, the Secretary shall carry out 

6 the following activities: 

7 ‘‘(A) Conduct research and studies that con8 tribute to the purpose described in subsection (a), 

9 which shall include research to provide a system10 atic understanding of the United States’ inter11 national and foreign language education capac12 ity, structures, and effectiveness in meeting 

13 growing demands by education, government, and 

14 the private sector (including business and other 

15 professions). 

16 ‘‘(B) Create innovative paradigms or en17 hance or scale up proven strategies and practices 

18 that address systemic challenges to developing 

19 and delivering international and foreign lan20 guage education resources and expertise across 

21 educational disciplines, institutions, employers, 

22 and other stakeholders. 

23 ‘‘(C) Develop and manage a national stand24 ardized 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, the 

15 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 a 

21 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 under 

7 this subsection, the Secretary shall award such grants, 

8 on a competitive basis, to eligible entities. 

9 ‘‘(2) REQUIRED ACTIVITIES.—An eligible entity 

10 that receives a grant under this subsection shall use 

11 the grant funds for the systematic development, collec12 tion, analysis, publication, and dissemination of 

13 data, and other information resources in a manner 

14 that is easily understandable, made publicly avail15 able, and that contributes to achieving the purposes of 

16 subsection (a) and carries out at least one activity 

17 under subsection (b)(1). 

18 ‘‘(3) DISCRETIONARY ACTIVITIES.—An eligible 

19 entity that receives a grant under this subsection may 

20 use the grant to carry out the following activities: 

21 ‘‘(A) Assess and document international 

22 and foreign language education capacity and 

23 supply through studies or surveys that— 

24 ‘‘(i) determine the number of foreign 

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1 ments at all levels of education and in all 

2 languages, including a determination of 

3 gaps in those deemed critical to the national 

4 interest; 

5 ‘‘(ii) measure the number and types of 

6 degrees or certificates awarded in area stud7 ies, global studies, foreign language studies, 

8 and international business and professional 

9 studies, including identification of gaps in 

10 those deemed critical to the national inter11 est; 

12 ‘‘(iii) measure the number of foreign 

13 language, area or international studies fac14 ulty, including international business fac15 ulty, and elementary school and secondary 

16 school foreign language teachers by lan17 guage, degree, and world area; or 

18 ‘‘(iv) measure the number of under19 graduate and graduate students engaging in 

20 long- or short-term education or internship 

21 abroad programs as part of their cur22 riculum, including countries of destination. 

23 ‘‘(B) Assess the demands for, and outcomes 

24 of, international and foreign language education 

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1 and their alignment, through studies, surveys, 

2 and conferences to— 

3 ‘‘(i) determine demands for increased 

4 or improved instruction in foreign lan5 guage, area or global studies, or other inter6 national fields, and the demand for employ7 ees with such skills and knowledge in the 

8 education, government, and private sectors 

9 (including business and other professions); 

10 ‘‘(ii) assess the employment or utiliza11 tion of graduates of programs supported 

12 under this title by educational, govern13 mental, and private sector organizations 

14 (including business and other professions); 

15 or 

16 ‘‘(iii) assess standardized outcomes and 

17 effectiveness and benchmarking of programs 

18 supported under this title. 

19 ‘‘(C) Develop and publish specialized mate20 rials for use in foreign language, area, global, or 

21 other international studies, including in inter22 national business or other professional education 

23 or technical training, as appropriate. 

24 ‘‘(D) Conduct studies or surveys that iden25 tify and document systemic challenges and 

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1 changes needed in higher education and elemen2 tary school and secondary school systems to make 

3 international and foreign language education 

4 available to all students as part of the basic cur5 riculum, including challenges in current evalua6 tion standards, entrance and graduation require7 ments, program accreditation, student degree re8 quirements, or teacher and faculty legal work9 place barriers to education and research abroad. 

10 ‘‘(E) With respect to underrepresented insti11 tutions of higher education (including minority12 serving institutions or community colleges), 

13 carry out studies or surveys that identify and 

14 document— 

15 ‘‘(i) current systemic challenges and 

16 changes incentives, and partnerships needed 

17 to comprehensively and sustainably inter18 nationalize educational programming; or 

19 ‘‘(ii) short- and long-term outcomes of 

20 successful internationalization strategies 

21 and funding models. 

22 ‘‘(F) Evaluate the extent to which programs 

23 assisted under this title— 

24 ‘‘(i) reflect diverse perspectives and a 

25 wide range of views; and 

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1 ‘‘(ii) generate debate on world regions 

2 and international affairs 

3 ‘‘(e) INNOVATION GRANTS.— 

4 ‘‘(1) PROGRAM AUTHORIZED.—For any fiscal 

5 year for which the Secretary carries out activities to 

6 achieve the outcomes described in subsection (b)(1) 

7 through innovation grants under this subsection, the 

8 Secretary shall award such grants, on a competitive 

9 basis, to eligible entities. 

10 ‘‘(2) USES OF FUNDS.—An eligible entity that 

11 receives an innovation grant under this subsection 

12 shall use the grant funds to fund projects consistent 

13 with this section, which may include one or more of 

14 the following: 

15 ‘‘(A) Innovative paradigms to improve com16 munication, sharing, and delivery of resources 

17 that further the purposes described in subsection 

18 (a) including the following: 

19 ‘‘(i) Networking structures and systems 

20 to more effectively match graduates pos21 sessing international and foreign language 

22 education skills with employment needs. 

23 ‘‘(ii) Sharing international specialist 

24 expertise across institutions of higher edu25 cation or in the workforce to pursue speVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 00997 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 cialization or learning opportunities not 

2 available at any single institution of higher 

3 education, such as shared courses for study4 ing less commonly taught languages, world 

5 areas or regions, international business or 

6 other professional areas, or specialized re7 search topics of national strategic interest. 

8 ‘‘(iii) Producing, collecting, orga9 nizing, preserving, and widely dissemi10 nating international and foreign language 

11 education expertise, resources, courses, and 

12 other information through the use of elec13 tronic technologies and other techniques. 

14 ‘‘(iv) Collaborative initiatives to iden15 tify, capture, and provide consistent access 

16 to, and creation of, digital global library re17 sources that are beyond the capacity of any 

18 single eligible entity receiving a grant 

19 under this section or any single institution 

20 of higher education, including the profes21 sional development of library staff. 

22 ‘‘(v) Utilization of technology to create 

23 open-source resources in international, area, 

24 global, and foreign language studies that 

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1 tings and promote interdisciplinary part2 nerships between technologists, curriculum 

3 designers, international and foreign lan4 guage education experts, language teachers, 

5 and librarians. 

6 ‘‘(B) Innovative curriculum, teaching, and 

7 learning strategies, including the following: 

8 ‘‘(i) New initiatives for collaborations 

9 of disciplinary programs with foreign lan10 guage, area, global, and international stud11 ies, and education abroad programs that 

12 address the internationalization of such dis13 ciplinary studies with the purpose of pro14 ducing globally competent graduates. 

15 ‘‘(ii) Innovative collaborations between 

16 established centers of international and for17 eign language education excellence and 

18 underrepresented institutions and popu19 lations seeking to further their goals for 

20 strengthening international, area, global, 

21 and foreign language studies, including at 

22 minority-serving institutions or community 

23 colleges. 

24 ‘‘(iii) Teaching and learning collabora25 tions among foreign language, area, global, 

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1 or other international studies with diaspora 

2 communities, including heritage students. 

3 ‘‘(iv) New approaches and methods to 

4 teaching emerging global issues, cross-re5 gional interactions, and underrepresented 

6 regions or countries, such as project- and 

7 team-based learning. 

8 ‘‘(C) Innovative assessment and outcome 

9 tools and techniques that further the purposes de10 scribed in subsection (a), including the following: 

11 ‘‘(i) International and foreign lan12 guage education assessment techniques that 

13 are coupled with outcome-focused training 

14 modules, such as certificates or badges, im15 mersion learning, or e-portfolio systems. 

16 ‘‘(ii) Effective and easily accessible 

17 methods of assessing professionally useful 

18 levels of proficiency in foreign languages or 

19 competencies in area, culture, and global 

20 knowledge or other international fields in 

21 programs under this title, which may in22 clude use of open access online and other 

23 cost-effective tools for students and educators 

24 at all educational levels and in the work25 place. 

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1 ‘‘(f) APPLICATION.—Each eligible entity desiring a 

2 grant under this section shall submit to the Secretary an 

3 application at such time, in such manner, and containing 

4 such information as the Secretary shall require, includ5 ing— 

6 ‘‘(1) a description of each proposed project the el7 igible entity plans to carry out under this section and 

8 how such project meets the purposes described in sub9 section (a); 

10 ‘‘(2) if applicable, a demonstration of why the 

11 entity needs a waiver or reduction of the matching re12 quirement under subsection (g); and 

13 ‘‘(3) an assurance that each such proposed 

14 project will be self-sustainable after the grant term is 

15 completed. 

16 ‘‘(g) MATCHING REQUIREMENT.— 

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

18 total cost for carrying out a project supported by a 

19 grant under this section shall be no more than 66.66 

20 percent of the cost of the project. 

21 ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— 

22 The non-Federal share of such cost may be provided 

23 either in-kind or in cash, from institutional and non24 institutional funds, including contributions from 

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1 State or private sector corporations, nonprofits, or 

2 foundations. 

3 ‘‘(3) SPECIAL RULE.—The Secretary may waive 

4 or reduce the share required under paragraph (1) for 

5 eligible entities that— 

6 ‘‘(A) are minority-serving institutions or 

7 are community colleges; or 

8 ‘‘(B) demonstrate need in an application 

9 for such a waiver or reduction under subsection 

10 (f)(2). 

11 ‘‘(h) DATABASE AND REPORTING.—The Secretary shall 

12 directly, or through grants or contracts with an eligible 

13 grant recipient— 

14 ‘‘(1) establish, curate, maintain, and update at 

15 least every grant cycle, a publically available website 

16 which shall showcase the results of this section and 

17 serve as a user-friendly repository of the information, 

18 resources, and best practices generated through activi19 ties conducted under this section; and 

20 ‘‘(2) prepare, publish, and disseminate to Con21 gress and the public at least once every 5 years, a re22 port that summarizes key findings and policy issues 

23 from the activities conducted under this section, in24 cluding as such activities relate to international and 

25 foreign language education and outcomes.’’. 

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1 (c) DISCONTINUATION OF FOREIGN INFORMATION AC2 CESS PROGRAM.—Part A of title VI of the Higher Edu3 cation Act of 1965 (20 U.S.C. 1121 et seq.) is further 

4 amended by striking sections 606 and 610, and redesig5 nating sections 607, 608, and 609 as sections 606, 607, and 

6 608, respectively. 

7 SEC. 6002. GLOBAL BUSINESS AND PROFESSIONAL EDU8 CATION PROGRAMS. 

9 (a) FINDINGS; PURPOSE.—Section 611 of the Higher 

10 Education Act of 1965 (20 U.S.C. 1130) is amended— 

11 (1) in subsection (a)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) the future welfare of the United States will 

15 depend substantially on increasing international and 

16 global skills in business, educational, and other pro17 fessional communities and creating an awareness 

18 among the American public of the internationaliza19 tion of our economy and numerous other professional 

20 areas important to the national interest;’’; 

21 (B) by amending paragraph (2) to read as 

22 follows: 

23 ‘‘(2) concerted efforts are necessary to engage 

24 business and other professional education and tech25 nical training programs, language, area, and global 

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1 study programs, professional international affairs 

2 education programs, public and private sector organi3 zations, and United States’ business community in a 

4 mutually productive relationship which benefits the 

5 Nation’s future economic and security interests;’’; 

6 (C) in paragraph (3), by striking ‘‘and the 

7 international’’ and inserting ‘‘and other profes8 sional fields and the international and global’’; 

9 and 

10 (D) in paragraph (4)— 

11 (i) by inserting ‘‘, as well as other pro12 fessional organizations’’ after ‘‘departments 

13 of commerce’’; and 

14 (ii) by inserting ‘‘or other professions’’ 

15 after ‘‘business’’; and 

16 (2) in subsection (b)— 

17 (A) in paragraph (1)— 

18 (i) by striking ‘‘and economic enter19 prise’’ and inserting ‘‘, economic enterprise, 

20 and security’’; and 

21 (ii) by inserting ‘‘and other profes22 sional’’ before ‘‘personnel’’; and 

23 (B) in paragraph (2), by striking ‘‘to pros24 per in an international’’ and inserting ‘‘and 

25 other professional fields to prosper in a global’’. 

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1 (b) PROFESSIONAL AND TECHNICAL EDUCATION FOR

2 GLOBAL COMPETITIVENESS.—Section 613 of the Higher 

3 Education Act of 1965 (20 U.S.C. 1130a) is amended to 

4 read as follows: 

5 ‘‘SEC. 613. PROFESSIONAL AND TECHNICAL EDUCATION 

6 FOR GLOBAL COMPETITIVENESS. 

7 ‘‘(a) PURPOSE.—The purpose of this section is to sup8 port innovative strategies that provide undergraduate and 

9 graduate students with the global professional competencies, 

10 perspectives, and skills needed to strengthen and enrich 

11 global engagement and competitiveness in a wide variety 

12 of professional and technical fields important to the na13 tional interest. 

14 ‘‘(b) PROGRAM AUTHORIZED.—The Secretary shall 

15 make grants to, or enter into contracts with eligible entities 

16 to pay the Federal share of the cost of programs designed 

17 to— 

18 ‘‘(1) establish an interdisciplinary global focus 

19 in the undergraduate and graduate curricula of busi20 ness, science, technology, engineering, and other pro21 fessional education and technical training programs 

22 to be determined by the Secretary based on national 

23 needs; 

24 ‘‘(2) produce graduates with proficiencies in both 

25 the global aspects of their professional education or 

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1 technical training fields and international, cross-cul2 tural, and foreign language skills; and 

3 ‘‘(3) provide appropriate services to or partner4 ships with the corporate, government, and nonprofit 

5 communities in order to expand knowledge and ca6 pacity for global engagement and competitiveness and 

7 provide internship or employment opportunities for 

8 students and graduates with international skills. 

9 ‘‘(c) MANDATORY ACTIVITIES.—An eligible entity that 

10 receives a grant under this section shall use the grant to 

11 carry out the following: 

12 ‘‘(1) With respect to undergraduate or graduate 

13 professional education and technical training cur14 ricula, incorporating— 

15 ‘‘(A) foreign language programs that lead to 

16 proficiency, including immersion opportunities; 

17 ‘‘(B) international, area, or global studies 

18 programs; 

19 ‘‘(C) education, internships, or other inno20 vative or technological linkages abroad; and 

21 ‘‘(D) global business, economic, and trade 

22 studies, where appropriate. 

23 ‘‘(2) Innovating and improving international, 

24 global, and foreign language education curricula to 

25 serve the needs of business and other professional and 

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1 nonprofit communities, including development of new 

2 programs for nontraditional, mid-career, or part-time 

3 students. 

4 ‘‘(3) Establishing education or internship abroad 

5 programs, domestic globally focused internships, or 

6 other innovative approaches to enable undergraduate 

7 or graduate students in professional education or 

8 technical training to develop foreign language skills 

9 and knowledge of foreign cultures, societies, and glob10 al dimensions of their professional fields. 

11 ‘‘(4) Developing collaborations between institu12 tions of higher education and corporations or non13 profit organizations in order to strengthen engage14 ment and competitiveness in global business, trade, or 

15 other global professional activities. 

16 ‘‘(d) DISCRETIONARY ACTIVITIES.—An eligible entity 

17 that receives a grant under this section may use the grant 

18 to carry out the following: 

19 ‘‘(1) Developing specialized teaching materials 

20 and courses, including foreign language and area or 

21 global studies materials, and innovative technological 

22 delivery systems appropriate for professionally ori23 ented students. 

24 ‘‘(2) Establishing student fellowships or other in25 novative support opportunities, including for underVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01007 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 represented populations, first generation college stu2 dents (defined in section 402A(h)), and heritage 

3 learners, for education and training in global profes4 sional development activities. 

5 ‘‘(3) Developing opportunities or fellowships for 

6 faculty or junior faculty of professional education or 

7 technical training (including the faculty of minority8 serving institutions or community colleges) to acquire 

9 or strengthen international and global skills and per10 spectives. 

11 ‘‘(4) Creating institutes that take place over aca12 demic breaks, like the summer, including through 

13 technological means, and cover foreign language, 

14 world area, global, or other international studies in 

15 learning areas of global business, science, technology, 

16 engineering, or other professional education and 

17 training fields. 

18 ‘‘(5) Internationalizing curricula at minority19 serving institutions or community colleges to further 

20 the purposes of this section. 

21 ‘‘(6) Establishing international linkages or part22 nerships with institutions of higher education, cor23 porations, or organizations that contribute to the ob24 jectives of this section. 

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1 ‘‘(7) Developing programs to inform the public of 

2 increasing global interdependence in professional edu3 cation and technical training fields. 

4 ‘‘(8) Establishing trade education programs 

5 through agreements with regional, national, global, 

6 bilateral, or multilateral trade centers, councils, or 

7 associations. 

8 ‘‘(e) APPLICATION.—Each eligible entity desiring a 

9 grant under this section shall submit an application to the 

10 Secretary at such time, in such manner, and including such 

11 information as the Secretary may reasonably require, in12 cluding assurances that— 

13 ‘‘(1) each proposed project will be self-sustainable 

14 after the grant term is completed; 

15 ‘‘(2) the institution of higher education will use 

16 the assistance provided under this section to supple17 ment and not supplant activities described in sub18 section (c) or (d) that are conducted by the institution 

19 of higher education; 

20 ‘‘(3) in the case of eligible entities that are con21 sortia of institutions of higher education, or partner22 ship described in subsection (g)(1)(C), a copy of their 

23 partnership agreement that demonstrates compliance 

24 with subsection (c) will be provided to the Secretary; 

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1 ‘‘(4) the activities funded by the grant will re2 flect diverse perspectives and a wide range of views of 

3 world regions and international affairs where appli4 cable; and 

5 ‘‘(5) if applicable, a demonstration of why the el6 igible entity needs a waiver or reduction of the 

7 matching requirement under subsection (f). 

8 ‘‘(f) MATCHING REQUIREMENT.— 

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

10 total cost for carrying out a program supported by a 

11 grant under this section shall be not more than 50 

12 percent of the total cost of the project. 

13 ‘‘(2) NON-FEDERAL SHARE CONTRIBUTIONS.— 

14 The non-Federal share of such cost may be provided 

15 either in-kind or in cash, from institutional and non16 institutional funds, including contributions from 

17 State and private sector corporations, nonprofits, or 

18 foundations. 

19 ‘‘(3) SPECIAL RULE.—The Secretary may waive 

20 or reduce the share required under paragraph (1) for 

21 eligible entities that— 

22 ‘‘(A) are minority-serving institutions or 

23 are community colleges; or 

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1 ‘‘(B) have submitted a grant application as 

2 required by subsection (e) that demonstrates a 

3 need for such a waiver or reduction. 

4 ‘‘(g) DEFINITIONS.—In this section: 

5 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti6 ty’ means— 

7 ‘‘(A) an institution of higher education; 

8 ‘‘(B) a consortia of such institutions; or 

9 ‘‘(C) a partnership between— 

10 ‘‘(i) an institution of higher education 

11 or a consortia of such institutions; and 

12 ‘‘(ii) at least one corporate or non13 profit entity. 

14 ‘‘(2) PROFESSIONAL EDUCATION AND TECHNICAL

15 TRAINING.—The term ‘professional education and 

16 technical training’ means a program at an institu17 tion of higher education that offers undergraduate, 

18 graduate, or postgraduate level education in a profes19 sional or technical field that is determined by the Sec20 retary as meeting a national need for global or inter21 national competency (which may include business, 

22 science, technology, engineering, law, health, energy, 

23 environment, agriculture, transportation, or edu24 cation). 

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1 ‘‘(h) FUNDING RULE.—Notwithstanding any other 

2 provision of this title, funds made available to the Secretary 

3 for a fiscal year may not be obligated or expended to carry 

4 out this section unless the funds appropriated for such fiscal 

5 year to carry out this title exceeds $65,103,000.’’. 

6 (c) DISCONTINUATION OF CERTAIN AUTHORIZATIONS

7 OF APPROPRIATIONS.—Part B of the Higher Education Act 

8 of 1965 (20 U.S.C. 1130 et seq.) is further amended by strik9 ing section 614. 

10 SEC. 6003. REPEAL OF ASSISTANCE PROGRAM FOR INSTI11 TUTE FOR INTERNATIONAL PUBLIC POLICY. 

12 Part C of title VI of the Higher Education Act of 1965 

13 (20 U.S.C. 1131 et seq.) is repealed. 

14 SEC. 6004. GENERAL PROVISIONS. 

15 (a) DEFINITIONS.—Section 631(a) of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1132(a)) is amended— 

17 (1) in paragraph (9), by striking ‘‘and’’ at the 

18 end; 

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

20 the end and inserting a semicolon; and 

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

22 ‘‘(11) the term ‘community college’ has the mean23 ing given the term ‘junior or community college’ in 

24 section 312(f); 

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1 ‘‘(12) the term ‘heritage student’ means a post2 secondary student who— 

3 ‘‘(A) was born in the United States to im4 migrant parents or immigrated to the United 

5 States at an early age; 

6 ‘‘(B) is proficient in English, but raised in 

7 a family primarily speaking 1 or more lan8 guages of the country of origin; and 

9 ‘‘(C) maintains a close affinity with the 

10 family’s culture and language of origin; and 

11 ‘‘(13) the term ‘minority-serving institution’ 

12 means an institution of higher education that is eligi13 ble to receive a grant under part A or B of title III 

14 or title V.’’. 

15 (b) MINORITY-SERVING INSTITUTIONS.—Part D of 

16 title VI of the Higher Education Act of 1965 (20 U.S.C. 

17 1132 et seq.) is amended— 

18 (1) by striking section 637; 

19 (2) by redesignating section 638 as section 637; 

20 and 

21 (3) by inserting after section 637, as so redesig22 nated, the following: 

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1 ‘‘SEC. 638. PRIORITY TO MINORITY-SERVING INSTITUTIONS. 

2 ‘‘(a) PRIORITY.—In seeking applications and award3 ing grants under this title, the Secretary, may give priority 

4 to— 

5 ‘‘(1) minority-serving institutions; or 

6 ‘‘(2) institutions of higher education that apply 

7 for such grants that propose significant and sustained 

8 collaborative activities with one or more minority9 serving institutions. 

10 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall 

11 provide technical assistance to minority-serving institu12 tions to ensure maximum distribution of grants to eligible 

13 minority-serving institutions and among each category of 

14 such institutions.’’. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—Part D of 

16 title VI of the Higher Education Act of 1965 (20 U.S.C. 

17 1132 et seq.) is further amended by adding at the end the 

18 following new section: 

19 ‘‘SEC. 639. AUTHORIZATION OF APPROPRIATIONS. 

20 ‘‘(a) IN GENERAL.—Subject to subsection (b), there are 

21 authorized to be appropriated to carry out this title 

22 $125,000,000 for fiscal year 2021 and each of the 5 suc23 ceeding fiscal years. 

24 ‘‘(b) ADJUSTMENT FOR INFLATION.— 

25 ‘‘(1) IN GENERAL.—The amount authorized to be 

26 appropriated under subsection (a) for fiscal year 2022 

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1 and each of the 4 succeeding fiscal years shall be 

2 deemed increased by a percentage equal to the annual 

3 adjustment percentage. 

4 ‘‘(2) DEFINITION.—In this subsection, the term 

5 ‘annual adjustment percentage’ as applied to a fiscal 

6 year, means the estimated percentage change in the 

7 Consumer Price Index (as determined by the Sec8 retary, using the definition in section 478(f)) for the 

9 most recent calendar year ending prior to the begin10 ning of that fiscal year.’’. 

11 TITLE VII—GRADUATE AND 

12 POSTSECONDARY IMPROVE13 MENT PROGRAMS 

14 SEC. 7001. GRADUATE ASSISTANCE IN AREAS OF NATIONAL 

15 NEED. 

16 Section 716 of the Higher Education Act of 1965 (20 

17 U.S.C. 1135e) is amended by striking ‘‘2009’’ and inserting 

18 ‘‘2021’’. 

19 SEC. 7002. GRADUATE EDUCATION PROGRAMS. 

20 (a) HBCU.—Section 723 of the Higher Education Act 

21 of 1965 (20 U.S.C. 1136a) is amended— 

22 (1) in subsection (b)(1), by adding at the end the 

23 following: 

24 ‘‘(S) Each institution not listed under sub25 paragraphs (A) through (R) that is eligible to reVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01015 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 ceive funds under part B of title III and that of2 fers a qualified masters degree program.’’; 

3 (2) in subsection (e), by striking ‘‘or 724’’ and 

4 inserting ‘‘or 724, or subpart 5 or 6 of this part’’; 

5 and 

6 (3) in subsection (f)(3)— 

7 (A) by striking ‘‘any amount in excess of 

8 $9,000,000’’ and inserting ‘‘after the application 

9 of paragraph (2), the remaining amount’’; and 

10 (B) by striking ‘‘(R)’’ and inserting ‘‘(S)’’. 

11 (b) PREDOMINANTLY BLACK INSTITUTIONS.—Section 

12 724 of the Higher Education Act of 1965 (20 U.S.C. 1136b) 

13 is amended— 

14 (1) in subsection (b)(1), by adding at the end the 

15 following: 

16 ‘‘(F) Each institution not listed in subpara17 graph (A) through (E) that is eligible to receive 

18 funds under section 318 and that offers a quali19 fied masters degree program.’’; 

20 (2) in subsection (e), by striking ‘‘or 723’’ and 

21 inserting ‘‘or 723, or subpart 5 or 6’’; and 

22 (3) in subsection (f)(3), in the matter preceding 

23 subparagraph (A)— 

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1 (A) by striking ‘‘any amount in excess of 

2 $2,500,000’’ and inserting ‘‘after the application 

3 of paragraph (2), any remaining amount’’; and 

4 (B) by striking ‘‘(E)’’ and inserting ‘‘(F)’’. 

5 (c) ENHANCING SUPPORT FOR ASIAN AMERICAN AND

6 NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITU7 TIONS AND TRIBAL COLLEGES AND UNIVERSITIES.—Part 

8 A of title VII of the Higher Education Act of 1965 (20 

9 U.S.C. 1134 et seq.) is amended— 

10 (1) in section 731— 

11 (A) by striking ‘‘1 through 4’’ each place it 

12 appears (including in the section heading) and 

13 inserting ‘‘1 through 6’’; and 

14 (B) by striking ‘‘subpart 1, 2, 3, or 4’’ and 

15 inserting ‘‘subparts 1 through 6’’; 

16 (2) by redesignating subpart 5 as subpart 7; 

17 (3) by redesignating section 731 as section 735; 

18 and 

19 (4) by inserting after subpart 4 the following: 

20 ‘‘Subpart 5—Graduate Opportunities at Asian Amer21 ican and Native American Pacific Islander Serv22 ing Institutions 

23 ‘‘SEC. 726. GRANT PROGRAM ESTABLISHED. 

24 ‘‘(a) IN GENERAL.—Subject to the availability of funds 

25 appropriated to carry out this subpart, the Secretary shall 

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1 award grants, on a competitive basis, to eligible institutions 

2 to enable the eligible institutions to carry out the activities 

3 described in section 727. 

4 ‘‘(b) AWARD OF GRANT FUNDS.—Of the funds appro5 priated to carry out this subpart for a fiscal year, the Sec6 retary— 

7 ‘‘(1) shall reserve— 

8 ‘‘(A) not less than one-third of such funds to 

9 award grants to carry out the activities de10 scribed in section 727(b); and 

11 ‘‘(B) not less than one-third of such funds 

12 to award grants to carry out the activities de13 scribed in section 727(c); and 

14 ‘‘(2) may use the amount of funds remaining 

15 after the reservation required under paragraph (1) to 

16 award grants to carry out the activities described in 

17 subsections (b) and (c) of section 727. 

18 ‘‘(c) DURATION.—Grants under this subpart shall be 

19 awarded for a period not to exceed five years. 

20 ‘‘(d) LIMITATION ON NUMBER OF AWARDS.—The Sec21 retary may not award more than one grant under this sub22 part in any fiscal year to any Asian American and Native 

23 American Pacific Islander-serving institutions. 

24 ‘‘(e) APPLICATION.—Any eligible institution may 

25 apply for a grant under this subpart by submitting an apVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01018 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 plication to the Secretary at such time and in such manner 

2 as the Secretary may require. Such application shall dem3 onstrate how the grant funds will be used to improve 

4 postbaccalaureate education opportunities for Asian Amer5 ican and Native American Pacific Islander and low-income 

6 students. 

7 ‘‘(f) INTERACTION WITH OTHER GRANT PROGRAMS.— 

8 No institution that is eligible for and receives an award 

9 under section 326, 512, 723, or 724, or subpart 6 of this 

10 part for a fiscal year shall be eligible to apply for a grant, 

11 or receive grant funds, under this subpart for the same fis12 cal year. 

13 ‘‘(g) ELIGIBLE INSTITUTION DEFINED.—For the pur14 poses of this subpart, an ‘eligible institution’ means an in15 stitution of higher education that— 

16 ‘‘(1) is an Asian-American and Native American 

17 Pacific Islander-serving institution (as defined in sec18 tion 320); and 

19 ‘‘(2) offers a postbaccalaureate certificate or 

20 postbaccalaureate degree granting program. 

21 ‘‘SEC. 727. USE OF FUNDS. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) ACTIVITIES.—An eligible institution that 

24 receives a grant under this subpart shall use such 

25 funds to carry out— 

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1 ‘‘(A) one or more of the activities described 

2 in subsection (b); or 

3 ‘‘(B) one or more of the activities described 

4 in subsection (c). 

5 ‘‘(2) REQUIREMENT.—An eligible institution 

6 that receives a grant under this subpart may not use 

7 such funds for activities under both subsections (b) 

8 and (c). 

9 ‘‘(b) GRADUATE PROGRAM ACTIVITIES.—Grants 

10 awarded under this subpart may be used for one or more 

11 of the following activities promoting postbaccaulaureate op12 portunities for Asian American and Native American Pa13 cific Islander students: 

14 ‘‘(1) Purchase, rental, or lease of scientific or 

15 laboratory equipment for educational purposes, in16 cluding instructional and research purposes. 

17 ‘‘(2) Construction, maintenance, renovation, and 

18 improvement of classrooms, libraries, laboratories, 

19 and other instructional facilities, including purchase 

20 or rental of telecommunications technology equipment 

21 or services. 

22 ‘‘(3) Purchase of library books, periodicals, tech23 nical and other scientific journals, microfilm, micro24 fiche, and other educational materials, including tele25 communications program materials. 

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1 ‘‘(4) Support for low-income postbaccalaureate 

2 students including outreach, academic support serv3 ices and mentoring, scholarships, fellowships, and 

4 other financial assistance to permit the enrollment of 

5 such students in postbaccalaureate certificate and 

6 postbaccalaureate degree granting programs. 

7 ‘‘(5) Creating or improving facilities for Internet 

8 or other distance education technologies, including 

9 purchase or rental of telecommunications technology 

10 equipment or services. 

11 ‘‘(6) Collaboration with other institutions of 

12 higher education to expand postbaccalaureate certifi13 cate and postbaccalaureate degree offerings. 

14 ‘‘(7) Other activities proposed in the application 

15 submitted pursuant to section 726 that— 

16 ‘‘(A) contribute to carrying out the purposes 

17 of this subpart; and 

18 ‘‘(B) are approved by the Secretary as part 

19 of the review and acceptance of such application. 

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 devel24 opment, 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 be3 come faculty at Asian American and Native Amer4 ican Pacific Islander-serving institutions. 

5 ‘‘(3) Career services in preparing for an aca6 demic career and identifying opportunities. 

7 ‘‘(4) Developing partnerships between Asian 

8 American and Native American Pacific Islander-serv9 ing institutions to facilitate connections between 

10 graduate students and hiring institutions. 

11 ‘‘(5) Faculty recruitment efforts with an empha12 sis on graduates from Asian American and Native 

13 American Pacific Islander-serving institutions and 

14 other minority-serving institutions. 

15 ‘‘(6) Recruitment and retention incentives to 

16 allow Asian American and Native American Pacific 

17 Islander-serving institutions to make competitive of18 fers to potential faculty, including use of funds for 

19 student loan repayment. 

20 ‘‘(7) Research support for early career faculty. 

21 ‘‘(8) Other activities proposed in the application 

22 submitted pursuant to section 726 that— 

23 ‘‘(A) contribute to carrying out the purposes 

24 of this subpart; and 

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1 ‘‘(B) are approved by the Secretary as part 

2 of the review and acceptance of such application. 

3 ‘‘SEC. 728. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There is authorized to be appropriated to carry out 

5 this subpart $30,000,000 for fiscal year 2021 and each of 

6 the 5 succeeding fiscal years. 

7 ‘‘Subpart 6—Graduate Opportunities at Tribal 

8 Colleges and Universities 

9 ‘‘SEC. 729. GRANT PROGRAM ESTABLISHED. 

10 ‘‘(a) IN GENERAL.—Subject to the availability of funds 

11 appropriated to carry out this subpart, the Secretary shall 

12 award grants, on a competitive basis, to eligible institutions 

13 to enable the eligible institutions to carry out the activities 

14 described in section 730. 

15 ‘‘(b) AWARD OF GRANT FUNDS.—Of the funds appro16 priated to carry out this subpart for a fiscal year, the Sec17 retary— 

18 ‘‘(1) shall reserve— 

19 ‘‘(A) not less than one-third of such funds to 

20 award grants to carry out the activities de21 scribed in section 730(b); and 

22 ‘‘(B) not less than one-third of such funds 

23 to award grants to carry out the activities de24 scribed in section 730(c); and 

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1 ‘‘(2) may use the amount of funds remaining 

2 after the reservation required under paragraph (1) to 

3 award grants to carry out the activities described in 

4 subsections (b) and (c) of section 730. 

5 ‘‘(c) DURATION.—Grants under this part shall be 

6 awarded for a period not to exceed five years. 

7 ‘‘(d) LIMITATION ON NUMBER OF AWARDS.—The Sec8 retary may not award more than one grant under this sub9 part in any fiscal year to any Tribal College and Univer10 sity. 

11 ‘‘(e) APPLICATION.—Any eligible institution may 

12 apply for a grant under this subpart by submitting an ap13 plication to the Secretary at such time and in such manner 

14 as the Secretary may require. Such application shall dem15 onstrate how the grant funds will be used to improve 

16 postbaccalaureate education opportunities for American In17 dian and Alaska Native students. 

18 ‘‘(f) INTERACTION WITH OTHER GRANT PROGRAMS.— 

19 No institution that is eligible for and receives an award 

20 under section 326, 512, 723, or 724, or subpart 5 of this 

21 part for a fiscal year shall be eligible to apply for a grant, 

22 or receive grant funds, under this section for the same fiscal 

23 year. 

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1 ‘‘(g) ELIGIBLE INSTITUTION DEFINED.—For the pur2 poses of this subpart, an ‘eligible institution’ means an in3 stitution of higher education that— 

4 ‘‘(1) is a Tribal College or University (as defined 

5 in section 316); and 

6 ‘‘(2) offers a postbaccalaureate certificate or 

7 postbaccalaureate degree granting program. 

8 ‘‘SEC. 730. USE OF FUNDS. 

9 ‘‘(a) IN GENERAL.— 

10 ‘‘(1) ACTIVITIES.—An eligible institution that 

11 receives a grant under this subpart shall use such 

12 funds to carry out— 

13 ‘‘(A) one or more of the activities described 

14 in subsection (b); or 

15 ‘‘(B) one or more of the activities described 

16 in subsection (c). 

17 ‘‘(2) REQUIREMENT.—An eligible institution 

18 that receives a grant under this subpart may not use 

19 such funds for activities under both subsections (b) 

20 and (c). 

21 ‘‘(b) GRADUATE PROGRAM ACTIVITIES.—Grants 

22 awarded under this subpart may be used for one or more 

23 of the following activities promoting postbaccalaureate op24 portunities for American Indian and Alaska Native stu25 dents: 

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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, and 

5 improvement of classrooms, libraries, laboratories, 

6 and other instructional facilities, including purchase 

7 or rental of telecommunications technology equipment 

8 or services. 

9 ‘‘(3) Purchase of library books, periodicals, tech10 nical and other scientific journals, microfilm, micro11 fiche, and other educational materials, including tele12 communications program materials. 

13 ‘‘(4) Support for American Indian and Alaska 

14 Native postbaccalaureate students including outreach, 

15 academic support services and mentoring, scholar16 ships, fellowships, and other financial assistance to 

17 permit the enrollment of such students in 

18 postbaccalaureate certificate and postbaccalaureate 

19 degree granting programs. 

20 ‘‘(5) Creating or improving facilities for Internet 

21 or other distance education technologies, including 

22 purchase or rental of telecommunications technology 

23 equipment or services. 

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1 ‘‘(6) Collaboration with other institutions of 

2 higher education to expand postbaccalaureate certifi3 cate and postbaccalaureate degree offerings. 

4 ‘‘(7) Other activities proposed in the application 

5 submitted pursuant to section 729 that— 

6 ‘‘(A) contribute to carrying out the purposes 

7 of this subpart; and 

8 ‘‘(B) are approved by the Secretary as part 

9 of the review and acceptance of such application. 

10 ‘‘(c) FACULTY DEVELOPMENT ACTIVITIES.—Grants 

11 awarded under this subpart may be used for one or more 

12 of the following activities for faculty development: 

13 ‘‘(1) Support of faculty exchanges, faculty devel14 opment, faculty research, curriculum development, 

15 and academic instruction. 

16 ‘‘(2) Financial support to graduate students 

17 planning to pursue academic careers who desire to be18 come faculty at Tribal Colleges and Universities. 

19 ‘‘(3) Career services in preparing for an aca20 demic career and identifying opportunities. 

21 ‘‘(4) Developing partnerships between Tribal 

22 Colleges and Universities to facilitate connections be23 tween graduate students and hiring institutions. 

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1 ‘‘(5) Faculty recruitment efforts with an empha2 sis on graduates from Tribal Colleges and Univer3 sities and other minority-serving institutions. 

4 ‘‘(6) Recruitment and retention incentives to 

5 allow Tribal Colleges and Universities to make com6 petitive offers to potential faculty, including use of 

7 funds for student loan repayment. 

8 ‘‘(7) Research support for early career faculty. 

9 ‘‘(8) Other activities proposed in the application 

10 submitted pursuant to section 729 that— 

11 ‘‘(A) contribute to carrying out the purposes 

12 of this subpart; and 

13 ‘‘(B) are approved by the Secretary as part 

14 of the review and acceptance of such application. 

15 ‘‘SEC. 731. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘There is authorized to be appropriated to carry out 

17 this subpart $5,000,000 for fiscal year 2021 and each of 

18 the 5 succeeding fiscal years.’’. 

19 SEC. 7003. FUND FOR THE IMPROVEMENT OF POSTSEC20 ONDARY EDUCATION. 

21 Section 745 of the Higher Education Act of 1965 (20 

22 U.S.C. 1138d) is amended by striking ‘‘2009’’ and inserting 

23 ‘‘2021’’. 

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1 SEC. 7004. MINORITY-SERVING INSTITUTIONS INNOVATION 

2 FUND. 

3 Title VII of the Higher Education Act of 1965 (20 

4 U.S.C. 1133 et seq.) is amended by inserting after part B 

5 the following: 

6 ‘‘PART C—FUNDING INNOVATIONS AT MINORITY7 SERVING INSTITUTIONS 

8 ‘‘SEC. 751. PURPOSE. 

9 ‘‘It is the purpose of this part to assist minority-serv10 ing institutions in planning, developing, implementing, 

11 validating, and replicating innovations that provide solu12 tions to persistent challenges in enabling economically and 

13 educationally disadvantaged students to enroll in, persist 

14 through, and graduate from college, including innovations 

15 designed to— 

16 ‘‘(1) increase the successful recruitment at mi17 nority-serving institutions of— 

18 ‘‘(A) students from low-income families of 

19 all races; 

20 ‘‘(B) students who begin college when over 

21 21 years of age; and 

22 ‘‘(C) military-affiliated students; 

23 ‘‘(2) increase the rate at which students enrolled 

24 in minority-serving institutions make adequate or ac25 celerated progress toward graduation, and successfully 

26 graduate from such institutions; 

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1 ‘‘(3) increase the number of students pursuing 

2 and completing degrees in science, technology, engi3 neering, and mathematics at minority-serving insti4 tutions and pursuing graduate work in such fields, 

5 including through the establishment of innovation eco6 systems on the campuses of such institutions; 

7 ‘‘(4) redesign course offerings and other instruc8 tional strategies at minority-serving institutions to 

9 improve student outcomes and reduce postsecondary 

10 education costs; 

11 ‘‘(5) enhance the quality and number of tradi12 tional and alternative route teacher preparation pro13 grams offered by minority-serving institutions; 

14 ‘‘(6) expand the effective use of technology at mi15 nority-serving institutions; and 

16 ‘‘(7) strengthen postgraduate employment out17 comes for students enrolled in minority-serving insti18 tutions. 

19 ‘‘SEC. 752. DEFINITION. 

20 ‘‘In this part: 

21 ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti22 ty’ means— 

23 ‘‘(A) a minority-serving institution; or 

24 ‘‘(B) a consortium of a minority-serving in25 stitution and— 

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1 ‘‘(i) one or more other institutions of 

2 higher education; 

3 ‘‘(ii) a private nonprofit organization; 

4 ‘‘(iii) a local educational agency; 

5 ‘‘(iv) a high school that— 

6 ‘‘(I) receives funding under part 

7 A of title I of the Elementary and Sec8 ondary Education Act of 1965 (20 

9 U.S.C. 6311 et seq.); and 

10 ‘‘(II) has been identified for com11 prehensive support and improvement 

12 under section 1111(c)(4)(D)(i) of such 

13 Act (20 U.S.C. 6311(c)(4)(D)(i)); or 

14 ‘‘(v) any combination of the entities 

15 described in clauses (i) through (iv). 

16 ‘‘(2) MINORITY SERVING INSTITUTION.—The 

17 term ‘minority serving institution’ means an institu18 tion of higher education described in paragraph (1), 

19 (2), (3), (4), (5), (6), or (7) of section 371(a). 

20 ‘‘SEC. 753. GRANTS AUTHORIZED. 

21 ‘‘(a) IN GENERAL.—Except as provided in subsection 

22 (b)(2), with the funds made available for this part under 

23 section 757, the Secretary shall make planning and imple24 mentation grants, as described in subsections (b) and (c), 

25 to eligible entities to enable such entities to plan for the 

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1 implementation of, in the case of a planning grant, and 

2 implement, in the case of an implementation grant, innova3 tions described in section 751 and to support the planning, 

4 development, implementation, validation, scaling up, and 

5 replication of such innovations. 

6 ‘‘(b) PLANNING GRANTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), with the funds made available under sec9 tion 757 for a fiscal year, the Secretary shall use not 

10 more than 5 percent or $42,500,000 (whichever is 

11 greater) to award planning grants to enable eligible 

12 entities to plan, design, and develop innovations de13 scribed in section 751. 

14 ‘‘(2) TYPE OF INSTITUTION.—Planning grants 

15 shall be awarded to minority-serving institutions in 

16 proportion to the allocations made in subparagraphs 

17 (A) through (G) of section 757(1). 

18 ‘‘(3) ORDER OF CONSIDERATION.—Subject to 

19 paragraph (2) and the priority described in section 

20 755(a), planning grants shall be awarded to eligible 

21 entities satisfying the application requirements under 

22 section 754 in the order in which received by the Sec23 retary. 

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1 ‘‘(4) DURATION.—A planning grant authorized 

2 under this subsection shall be for the duration of 1 

3 year. 

4 ‘‘(5) GRANT AMOUNTS.—Each planning grant 

5 authorized under this subsection shall be in an 

6 amount that is not more than $150,000. 

7 ‘‘(c) IMPLEMENTATION GRANTS.— 

8 ‘‘(1) IN GENERAL.—With funds made available 

9 for this part under section 757, the Secretary shall 

10 award implementation grants on a competitive basis 

11 to enable eligible entities to further develop, pilot, 

12 field-test, implement, document, validate, and, as ap13 plicable, scale up and replicate, innovations described 

14 in section 751. 

15 ‘‘(2) DURATION.—An implementation grant au16 thorized under this subsection shall be for a duration 

17 of 5 years, except that the Secretary may not continue 

18 providing funds under the grant after year 3 of the 

19 grant period unless the eligible entity demonstrates 

20 that the entity has achieved satisfactory progress to21 ward carrying out the educational innovations, ac22 tivities, and projects described in their application 

23 pursuant to section 754(d), as determined by the Sec24 retary. 

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1 ‘‘(3) GRANT AMOUNT.—Each implementation 

2 grant authorized under this subsection shall be in an 

3 amount sufficient to enable the eligible entity to 

4 achieve the purposes of its proposed activities and 

5 projects, but shall not exceed $10,000,000. 

6 ‘‘(d) SPECIAL RULES FOR CONSORTIUMS.— 

7 ‘‘(1) FISCAL AGENT.— 

8 ‘‘(A) IN GENERAL.—In the case of an eligi9 ble entity applying for a grant under this part 

10 as a consortium, each member of the consortium 

11 shall agree on 1 such member of such eligibility 

12 entity to serve as a fiscal agent of such entity. 

13 ‘‘(B) RESPONSIBILITIES.—The fiscal agent 

14 of an eligible entity, as described in subpara15 graph (A), shall act on behalf of such entity in 

16 performing the financial duties of such entity 

17 under this part. 

18 ‘‘(C) WRITTEN AGREEMENT.—The agree19 ment described in subparagraph (A) shall be in 

20 writing and signed by each member of the con21 sortium. 

22 ‘‘(2) SUBGRANTS.—In the case of an eligible en23 tity applying for a grant under this part as a consor24 tium, the fiscal agent for such entity (as described in 

25 paragraph (1)) may use the funds provided by the 

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1 grant to make subgrants to members of the consor2 tium. 

3 ‘‘SEC. 754. APPLICATIONS. 

4 ‘‘(a) IN GENERAL.—An eligible entity desiring to re5 ceive a grant under this part shall submit an application 

6 to the Secretary at such time, in such manner, and con7 taining such information as the Secretary may reasonably 

8 require. 

9 ‘‘(b) CONSORTIUM ENTITIES.—An application under 

10 this section which is submitted by an eligible entity apply11 ing as a consortium shall include the written agreement de12 scribed in section 753(d)(1)(C). 

13 ‘‘(c) PLANNING GRANTS.—The Secretary shall ensure 

14 that the application requirements under this section for a 

15 planning grant authorized under section 753(b) include, in 

16 addition to the requirement in subsection (b) (if applicable), 

17 only those minimal requirements that are necessary to re18 view the proposed process of an eligible entity for the plan19 ning, design, and development of one or more of the innova20 tions described in section 751. 

21 ‘‘(d) IMPLEMENTATION GRANTS.—An application 

22 under this section for an innovation grant authorized under 

23 section 753(c) shall include, in addition to the requirement 

24 under subsection (b) (if applicable), descriptions of— 

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1 ‘‘(1) each innovation described in section 751 

2 that the eligible entity would implement using the 

3 funds made available by such grant, including, as ap4 plicable, a description of the evidence base supporting 

5 such innovation; 

6 ‘‘(2) how each such innovation will address the 

7 purpose of this part, as described in section 751, and 

8 how each such innovation will further the institu9 tional or organizational mission of the minority-serv10 ing institution that is part of the eligible entity; 

11 ‘‘(3) the specific activities that the eligible entity 

12 will carry out with funds made available by such 

13 grant, including, in the case of an eligible entity ap14 plying as a consortium, a description of the activities 

15 that each member of the consortium will carry out 

16 and a description of the capacity of each such member 

17 to carry out those activities; 

18 ‘‘(4) the performance measures that the eligible 

19 entity will use to track its progress in implementing 

20 each such innovation, including a description of how 

21 the entity will implement those performance measures 

22 and use information on performance to make adjust23 ments and improvements to its implementation ac24 tivities, as needed, over the course of the grant period; 

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1 ‘‘(5) how the eligible entity will provide for an 

2 independent evaluation of the implementation and 

3 impact of the projects funded by such grant, includ4 ing— 

5 ‘‘(A) an interim report (evaluating the 

6 progress made in the first 3 years of the grant); 

7 and 

8 ‘‘(B) a final report (completed at the end of 

9 the grant period); and 

10 ‘‘(6) the plan of the eligible entity for continuing 

11 each proposed innovation after the grant has ended. 

12 ‘‘SEC. 755. PRIORITY. 

13 ‘‘(a) PLANNING GRANTS.—In awarding planning 

14 grants under this part, the Secretary shall give priority to 

15 applications that were submitted with respect to the prior 

16 award year, but did not receive a planning grant due to 

17 insufficient funds. 

18 ‘‘(b) IMPLEMENTATION GRANTS.—In awarding imple19 mentation grants under this part, the Secretary shall 

20 give— 

21 ‘‘(1) first priority to applications for programs 

22 at minority-serving institutions that have not pre23 viously received an implementation grant under this 

24 part; and 

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1 ‘‘(2) second priority to applications that address 

2 issues of major national need, including— 

3 ‘‘(A) innovative partnerships between mi4 nority-serving institutions and local educational 

5 agencies that are designed to increase the enroll6 ment of historically underrepresented popu7 lations in higher education; 

8 ‘‘(B) educational innovations designed to 

9 increase the rate of postsecondary degree attain10 ment for populations within minority groups 

11 that have low relative rates of postsecondary de12 gree attainment; 

13 ‘‘(C) educational innovations that support 

14 programs and initiatives at minority-serving in15 stitutions to enhance undergraduate and grad16 uate programs in science, technology, engineer17 ing, and mathematics; 

18 ‘‘(D) innovative partnerships between mi19 nority-serving institutions and other organiza20 tions to establish innovation ecosystems in sup21 port of economic development, entrepreneurship, 

22 and the commercialization of technology sup23 ported by research funded through this grant; 

24 ‘‘(E) educational innovations that enhance 

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1 native route teacher preparation programs at 

2 minority-serving institutions to enable teachers 

3 to be highly effective in the classroom and to en4 able such programs to meet the demands for di5 versity and accountability in teacher education; 

6 and 

7 ‘‘(F) educational innovations that strength8 en postgraduate employment outcomes of minor9 ity-serving institutions through the implementa10 tion of comprehensive and strategic career path11 ways for students. 

12 ‘‘SEC. 756. USES OF FUNDS. 

13 ‘‘(a) PLANNING GRANTS.—An eligible entity receiving 

14 a planning grant under section 753(b) shall use funds made 

15 available by such grant to conduct an institutional plan16 ning process that includes— 

17 ‘‘(1) an assessment of the needs of the minority18 serving institution; 

19 ‘‘(2) research on educational innovations de20 scribed in section 751 that will meet the needs de21 scribed in paragraph (1); 

22 ‘‘(3) the selection of one or more such educational 

23 innovations for implementation; 

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1 ‘‘(4) an assessment of the capacity of the minor2 ity-serving institution to implement such educational 

3 innovation; and 

4 ‘‘(5) activities to further develop such capacity. 

5 ‘‘(b) IMPLEMENTATION GRANTS.—An eligible entity 

6 receiving an implementation grant under section 753(c) 

7 shall use the funds made available by such grant to further 

8 develop, pilot, field-test, implement, document, validate, 

9 and, as applicable, scale up, and replicate innovations de10 scribed in section 751, such as innovations designed to— 

11 ‘‘(1) create a college-bound culture at secondary 

12 schools (including efforts targeting high-achieving stu13 dents from low-income families) through activities un14 dertaken in partnership with local educational agen15 cies and nonprofit organizations, such as— 

16 ‘‘(A) activities that promote postsecondary 

17 school awareness, including recruitment, orga18 nizing campus visits, and providing assistance 

19 with entrance and financial aid application 

20 completion; and 

21 ‘‘(B) postsecondary school preparation ef22 forts such as— 

23 ‘‘(i) aligning high school coursework 

24 and high school graduation requirements 

25 with the requirements for entrance into 

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1 credit-bearing coursework at 4-year institu2 tions of higher education; 

3 ‘‘(ii) early identification and support 

4 for students at risk of not graduating from 

5 high school, or at risk of requiring remedi6 ation upon enrolling in postsecondary edu7 cation; and 

8 ‘‘(iii) dual-enrollment programs; 

9 ‘‘(2) improve student achievement, such as 

10 through activities designed to increase the number or 

11 percentage of students who successfully complete devel12 opmental or remedial coursework (which may be ac13 complished through the evidence-based redesign of 

14 such coursework) and pursue and succeed in postsec15 ondary studies; 

16 ‘‘(3) increase the number of minority males who 

17 attain a postsecondary degree, such as through evi18 dence-based interventions that integrate academic ad19 vising with social and cultural supports and assist20 ance with job placement; 

21 ‘‘(4) increase the number or percentage of stu22 dents who make satisfactory or accelerated progress 

23 toward graduation from postsecondary school and the 

24 number or percentage who graduate from postsec25 ondary school on time, such as through the provision 

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1 of comprehensive academic and nonacademic student 

2 support services. 

3 ‘‘(5) activities to promote a positive climate on 

4 campuses of institutions of higher education and to 

5 increase the sense of belonging among eligible stu6 dents, including through first year support programs 

7 such as mentoring and peer networks and advisories; 

8 ‘‘(6) increase the number or percentage of stu9 dents, particularly students who are members of his10 torically underrepresented populations, who enroll in 

11 science, technology, engineering, and mathematics 

12 courses, graduate with degrees in such fields, and pur13 sue advanced studies in such fields; 

14 ‘‘(7) develop partnerships between minority-serv15 ing institutions and other organizations to establish 

16 innovation ecosystems in support of economic develop17 ment, entrepreneurship, and the commercialization of 

18 technology supported by funded research; 

19 ‘‘(8) implement evidence-based improvements to 

20 courses, particularly high-enrollment courses, to im21 prove student outcomes and reduce education costs for 

22 students, including costs of remedial courses; 

23 ‘‘(9) enhance the quality and number of tradi24 tional and alternative route teacher and school leader 

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1 tions that enable graduates to be profession-ready and 

2 highly effective in the classroom and to enable such 

3 programs to meet the demands for diversity and ac4 countability in educator preparation; 

5 ‘‘(10) expand the effective use of technology in 

6 higher education, such as through collaboration be7 tween institutions on implementing technology-en8 abled delivery models (including hybrid models) or 

9 through the use of open educational resources and dig10 ital content; 

11 ‘‘(11) strengthen postgraduate employment out12 comes through the implementation of comprehensive 

13 and strategic career pathways for students, which 

14 may include aligning curricula with workforce needs, 

15 experiential learning, integration of career services, 

16 and developing partnerships with employers and 

17 business organizations; and 

18 ‘‘(12) provide a continuum of solutions by incor19 porating activities that address multiple objectives de20 scribed in paragraphs (1) through (11). 

21 ‘‘SEC. 757. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘There are authorized to be appropriated to carry out 

23 activities under this part $850,000,000 for fiscal year 2021 

24 and each of the 5 succeeding fiscal years, to be allocated 

25 as follows: 

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1 ‘‘(1) for institutions described in paragraph (1) 

2 of section 371(a), $224,987,083; 

3 ‘‘(2) for institutions described in paragraph (2) 

4 of section 371(a), $214,446,428; 

5 ‘‘(3) for institutions described in paragraph (3) 

6 of section 371(a), $78,056,743; 

7 ‘‘(4) for institutions described in paragraph (4) 

8 of section 371(a), $20,662,079; 

9 ‘‘(5) for institutions described in paragraph (5) 

10 of section 371(a), $130,859,834; 

11 ‘‘(6) for institutions described in paragraph (6) 

12 of section 371(a), $122,305,533; and 

13 ‘‘(7) for institutions described in paragraph (7) 

14 of section 371(a), $58,682,300.’’. 

15 SEC. 7005. DEFINITIONS. 

16 Section 760 of the Higher Education Act of 1965 (20 

17 U.S.C. 1140) is amended to read as follows: 

18 ‘‘SEC. 760. DEFINITIONS. 

19 ‘‘In this part: 

20 ‘‘(1) COMPREHENSIVE TRANSITION AND POST21 SECONDARY PROGRAM FOR STUDENTS WITH INTEL22 LECTUAL DISABILITIES.—The term ‘comprehensive 

23 transition and postsecondary program for students 

24 with intellectual disabilities’ means a program that 

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1 ondary credential issued by an institution of higher 

2 education that meets each of the following require3 ments: 

4 ‘‘(A) Is offered by an institution of higher 

5 education. 

6 ‘‘(B) Is designed to support students with 

7 intellectual disabilities who are seeking to con8 tinue academic, career and technical, and inde9 pendent living instruction at an institution of 

10 higher education in order to prepare for gainful 

11 employment and competitive integrated employ12 ment. 

13 ‘‘(C) Includes student advising and a pro14 gram of study. 

15 ‘‘(D) Requires students with intellectual dis16 abilities to participate on not less than a half17 time basis as determined by the institution, with 

18 such participation focusing on academic and ca19 reer development components and occurring 

20 through one or more of the following activities: 

21 ‘‘(i) Regular enrollment in credit-bear22 ing courses with students without disabil23 ities that are offered by the institution. 

24 ‘‘(ii) Auditing or participating in 

25 courses with students without disabilities 

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1 that are offered by the institution and for 

2 which the student does not receive regular 

3 academic credit. 

4 ‘‘(iii) Enrollment in noncredit-bearing, 

5 nondegree courses with students without dis6 abilities. 

7 ‘‘(iv) Participation in internships, reg8 istered apprenticeships, or work-based expe9 riences in competitive integrated settings for 

10 a semester, or multiple semesters. 

11 ‘‘(E) Requires students with intellectual dis12 abilities to be socially and academically inte13 grated with students without disabilities to the 

14 maximum extent practicable. 

15 ‘‘(F) Does not require the work components 

16 (ii) to occur each semester. 

17 ‘‘(2) DISABILITY.—The term ‘disability’ has the 

18 meaning given such term in section 3 of the Ameri19 cans with Disabilities Act of 1990 (42 U.S.C. 12102). 

20 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘institution of higher education’ has the meaning 

22 given such term in section 101. 

23 ‘‘(4) OFFICE OF ACCESSIBILITY.—The term ‘Of24 fice of Accessibility’ has the meaning given to the ofVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01046 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 fice of disability services of the institution or equiva2 lent office. 

3 ‘‘(5) RECOGNIZED POSTSECONDARY CREDEN4 TIAL.—The term ‘recognized postsecondary credential’ 

5 has the meaning given the term in section 101 of the 

6 Workforce Innovation and Opportunity Act. 

7 ‘‘(6) STUDENT WITH AN INTELLECTUAL DIS8 ABILITY.—The term ‘student with an intellectual dis9 ability’ means a student— 

10 ‘‘(A) with a cognitive impairment, charac11 terized by significant limitations in— 

12 ‘‘(i) intellectual and cognitive func13 tioning; and 

14 ‘‘(ii) adaptive behavior as expressed in 

15 conceptual, social, and practical adaptive 

16 skills; 

17 ‘‘(B) who is currently, or was formerly, eli18 gible for a free appropriate public education 

19 under the Individuals with Disabilities Edu20 cation Act (20 U.S.C. 1400 et seq.); and 

21 ‘‘(C) or, in the case of a student who has 

22 not currently or formerly been found eligible for 

23 a free appropriate education under the Individ24 uals with Disabilities Education Act, or a stu25 dent who has not previously been found eligible 

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1 as a student with an intellectual disability under 

2 IDEA, documentation establishing that the stu3 dent has an intellectual disability, such as— 

4 ‘‘(i) a documented comprehensive and 

5 individualized psycho-educational evalua6 tion and diagnosis of an intellectual dis7 ability by a psychologist or other qualified 

8 professional; or 

9 ‘‘(ii) a record of the disability from a 

10 local or State educational agency, or gov11 ernment agency, such as the Social Security 

12 Administration or a vocational rehabilita13 tion agency, that identifies the intellectual 

14 disability.’’. 

15 SEC. 7006. SUPPORTING POSTSECONDARY FACULTY, STAFF, 

16 AND ADMINISTRATORS IN PROVIDING ACCES17 SIBLE EDUCATION. 

18 (a) GRANTS.—Section 762 of the Higher Education 

19 Act of 1965 (20 U.S.C. 1140b) is amended to read as fol20 lows: 

21 ‘‘SEC. 762. GRANTS AUTHORIZED. 

22 ‘‘(a) COMPETITIVE GRANTS AUTHORIZED TO SUPPORT

23 POSTSECONDARY FACULTY, STAFF, AND ADMINISTRATORS

24 IN PROVIDING AN ACCESSIBLE EDUCATION.— 

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1 ‘‘(1) IN GENERAL.—From amounts appropriated 

2 under section 765C, the Secretary shall award grants, 

3 on a competitive basis, to institutions of higher edu4 cation to enable the institutions to carry out the ac5 tivities under subsection (b). 

6 ‘‘(2) AWARDS FOR PROFESSIONAL DEVELOPMENT

7 AND TECHNICAL ASSISTANCE.—Not less than 5 grants 

8 shall be awarded to institutions of higher education 

9 that provide professional development and technical 

10 assistance in order to improve access to, and comple11 tion of, postsecondary education for students, includ12 ing students with disabilities. 

13 ‘‘(b) DURATION; ACTIVITIES.— 

14 ‘‘(1) DURATION.—A grant under this section 

15 shall be awarded for a period of 5 years. 

16 ‘‘(2) AUTHORIZED ACTIVITIES.—A grant award17 ed under this section shall be used to carry out one 

18 or more of the following activities: 

19 ‘‘(A) TEACHING METHODS AND STRATE20 GIES.—The development and implementation of 

21 training to provide innovative, effective, and evi22 dence-based teaching methods and strategies, con23 sistent with the principles of universal design for 

24 learning, to provide postsecondary faculty, staff, 

25 and administrators with the skills and supports 

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1 necessary to teach and meet the academic and 

2 programmatic needs of students (including stu3 dents with disabilities) in order to improve the 

4 retention of such students in, and the completion 

5 by such students of, postsecondary education. 

6 Such methods and strategies may include in7 service training, professional development, cus8 tomized and general technical assistance, work9 shops, summer institutes, distance learning, and 

10 training in the use of assistive and educational 

11 technology. 

12 ‘‘(B) IMPLEMENTING ACCOMMODATIONS.— 

13 The development and implementation of training 

14 to provide postsecondary faculty, staff, and ad15 ministrators methods and strategies of providing 

16 appropriate accommodations consistent with the 

17 principles of universal design for learning for 

18 students with disabilities, including descriptions 

19 of legal obligations of the institution of higher 

20 education to provide such accommodations. 

21 ‘‘(C) EFFECTIVE TRANSITION PRACTICES.— 

22 The development and implementation of innova23 tive, effective, and evidence-based teaching meth24 ods and strategies to provide postsecondary fac25 ulty, staff, and administrators with the skills 

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1 and supports necessary to ensure the successful 

2 and smooth transition of students with disabil3 ities from secondary school to postsecondary edu4 cation. The teaching methods and strategies may 

5 include supporting students in the development 

6 of self-advocacy skills to improve transition to, 

7 and completion of, postsecondary education. 

8 ‘‘(D) DISTANCE LEARNING.—The develop9 ment and implementation of training to provide 

10 innovative, effective, and evidence-based teaching 

11 methods and strategies to enable postsecondary 

12 faculty, staff, and administrators to provide ac13 cessible distance education programs or classes 

14 that would enhance the access of students (in15 cluding students with disabilities) to postsec16 ondary education, including the use of accessible 

17 curricula and electronic communication for in18 struction and advising that meet the require19 ments of section 508 of the Rehabilitation Act of 

20 1973 (29 U.S.C. 794d). 

21 ‘‘(E) CAREER PATHWAY GUIDANCE.—The 

22 development and implementation of effective and 

23 evidence-based teaching methods and strategies to 

24 provide postsecondary faculty, staff, and admin25 istrators with the ability to advise students with 

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1 disabilities with respect to their chosen career 

2 pathway, which shall include at least one of the 

3 following: 

4 ‘‘(i) Supporting internships, appren5 ticeships, or work-based learning opportuni6 ties. 

7 ‘‘(ii) Counseling on coursework to meet 

8 the recognized educational credential or rec9 ognized postsecondary credential appro10 priate for the field chosen. 

11 ‘‘(iii) Developing self-advocacy skills to 

12 advocate for appropriate accommodations 

13 once in the workplace. 

14 ‘‘(iv) Support with selecting a career 

15 pathway that leads to competitive, inte16 grated employment. 

17 ‘‘(3) MANDATORY EVALUATION AND DISSEMINA18 TION.—An institution of higher education awarded a 

19 grant under this section shall evaluate and dissemi20 nate to other institutions of higher education the in21 formation obtained through the activities described in 

22 subparagraphs (A) through (E) of paragraph (2). 

23 ‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In 

24 awarding grants, contracts, or cooperative agreements 

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1 under this section, the Secretary shall consider the fol2 lowing: 

3 ‘‘(1) GEOGRAPHIC DISTRIBUTION.—Providing an 

4 equitable geographic distribution of such awards. 

5 ‘‘(2) RURAL AND URBAN AREAS.—Distributing 

6 such awards to urban and rural areas. 

7 ‘‘(3) RANGE AND TYPE OF INSTITUTION.—Ensur8 ing that the activities to be assisted are developed for 

9 a range of types and sizes of institutions of higher 

10 education. 

11 ‘‘(d) REPORTS.— 

12 ‘‘(1) INITIAL REPORT.—Not later than one year 

13 after the date of enactment of the College Affordability 

14 Act, the Secretary shall prepare and submit to the au15 thorizing committees, and make available to the pub16 lic, a report on all projects awarded grants under this 

17 part, including a review of the activities and program 

18 performance of such projects based on existing infor19 mation as of the date of the report. 

20 ‘‘(2) SUBSEQUENT REPORT.—Not later than five 

21 years after the date of the first award of a grant 

22 under this section after the date of enactment of the 

23 College Affordability Act, the Secretary shall prepare 

24 and submit to the authorizing committees, and make 

25 available to the public, a report that— 

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1 ‘‘(A) reviews the activities and program 

2 performance of the projects authorized under sub3 section (b); and 

4 ‘‘(B) provides guidance and recommenda5 tions on how effective projects can be rep6 licated.’’. 

7 (b) APPLICATIONS.—Section 763 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1140c) is amended to read 

9 as follows: 

10 ‘‘SEC. 763. APPLICATIONS. 

11 ‘‘Each institution of higher education desiring to re12 ceive a grant under section 762 shall submit an application 

13 to the Secretary at such time, in such manner, and accom14 panied by such information as the Secretary may require. 

15 Each application shall include— 

16 ‘‘(1) a description of the activities authorized 

17 under section 762(b) that the institution proposes to 

18 carry out, and how such institution plans to conduct 

19 such activities in order to further the purposes of this 

20 subpart; 

21 ‘‘(2) a description of how the institution con22 sulted with a broad range of people including stu23 dents with disabilities and individuals with expertise 

24 in disability supports or special education within the 

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1 institution to develop activities for which assistance is 

2 sought; 

3 ‘‘(3) a description of how the institution will co4 ordinate and collaborate with the office of accessi5 bility; and 

6 ‘‘(4) a description of the extent to which the in7 stitution will work to replicate the research-based and 

8 best practices of institutions of higher education with 

9 demonstrated effectiveness in serving students with 

10 disabilities.’’. 

11 SEC. 7007. OFFICE OF ACCESSIBILITY. 

12 Subpart 1 of part D of title VII of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1140a et seq.) is amended— 

14 (1) by redesignating section 765 as section 765C; 

15 (2) by inserting after section 764 the following: 

16 ‘‘SEC. 765A. OFFICE OF ACCESSIBILITY. 

17 ‘‘(a) ESTABLISHMENT.—Each institution of higher 

18 education shall establish an office of accessibility to develop 

19 and implement policies to support students who enter post20 secondary education with disabilities and students who ac21 quire a disability while enrolled in an institution of higher 

22 education. 

23 ‘‘(b) DUTIES.—Each office of accessibility shall— 

24 ‘‘(1) inform students, during student orientation, 

25 about services provided at the institution of higher 

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1 education, and continually update such information 

2 through the accessibility office’s website and other 

3 communications to improve accessibility of such serv4 ices; 

5 ‘‘(2) provide information to students regarding 

6 accommodations and modifications provided by the 

7 institution of higher education with respect to intern8 ships, practicums, work-based learning, apprentice9 ships, or other work-related environments that— 

10 ‘‘(A) the student may engage in through 

11 courses; or 

12 ‘‘(B) are necessary for completion of a rec13 ognized educational credential or recognized 

14 postsecondary credential; 

15 ‘‘(3) provide information to students regarding 

16 their legal rights under the Americans with Disabil17 ities Act (42 U.S.C. 12101 et seq.) and section 504 of 

18 the Rehabilitation Act (29 U.S.C. 794); and 

19 ‘‘(4) in order to provide appropriate accom20 modations to students with disabilities, carry out the 

21 following: 

22 ‘‘(A) Adopt policies that, at a minimum, 

23 make any of the following documentation sub24 mitted by an individual sufficient to establish 

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1 that such individual is an individual with a dis2 ability: 

3 ‘‘(i) Documentation that the individual 

4 has had an individualized education pro5 gram (in this clause referred to as an 

6 ‘IEP’) in accordance with section 614(d) of 

7 the Individuals with Disabilities Education 

8 Act (20 U.S.C. 1414(d)), including an IEP 

9 that may not be current on the date of the 

10 determination that the individual has a dis11 ability. The office of accessibility may ask 

12 for additional documentation from an indi13 vidual who had an IEP but who was subse14 quently evaluated and determined to be in15 eligible for services under the Individuals 

16 with Disabilities Education Act (20 U.S.C. 

17 1400 et seq.), including an individual deter18 mined to be ineligible during elementary 

19 school. 

20 ‘‘(ii) Documentation describing services 

21 or accommodations provided to the indi22 vidual pursuant to section 504 of the Reha23 bilitation Act of 1973 (29 U.S.C. 794) 

24 (commonly referred to as a ‘Section 504 

25 plan’). 

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1 ‘‘(iii) A plan or record of service for 

2 the individual from a private school, a local 

3 educational agency, a State educational 

4 agency, or an institution of higher edu5 cation provided in accordance with the 

6 Americans with Disabilities Act of 1990 (42 

7 U.S.C. 12101 et seq.). 

8 ‘‘(iv) A record or evaluation from a 

9 relevant licensed professional finding that 

10 the individual has a disability. 

11 ‘‘(v) A plan or record of disability 

12 from another institution of higher edu13 cation. 

14 ‘‘(vi) Documentation of a disability 

15 due to service in the uniformed services, as 

16 defined in section 484C(a). 

17 ‘‘(B) Adopt policies that are transparent 

18 and explicit regarding the process by which the 

19 institution determines eligibility for accommoda20 tions. 

21 ‘‘(C) Disseminate the information described 

22 in subparagraph (B) to students, parents, and 

23 faculty— 

24 ‘‘(i) in an accessible format; 

25 ‘‘(ii) during student orientation; and 

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1 ‘‘(iii) by making such information 

2 readily available on a public website of the 

3 institution. 

4 ‘‘(D) Provide accommodations to students 

5 with mental health disabilities, and students 

6 with disabilities associated with pregnancy. 

7 ‘‘(E) Provide outreach and consult with stu8 dents in inclusive higher education. 

9 ‘‘SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND 

10 ACCESSIBILITY. 

11 ‘‘(a) GRANTS AUTHORIZED.— 

12 ‘‘(1) IN GENERAL.—From amounts appropriated 

13 under section 765C, the Secretary may award grants 

14 on a competitive basis to institutions of higher edu15 cation to enable the institutions to carry out the ac16 tivities described under subsection (c). 

17 ‘‘(2) DURATION.—A grant under this section 

18 shall be awarded for a period of 5 years. 

19 ‘‘(3) CONSIDERATION IN MAKING AWARDS.—In 

20 awarding grants under this section, the Secretary 

21 shall consider the following: 

22 ‘‘(A) Providing an equitable geographic dis23 tribution of such awards. 

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1 ‘‘(B) Ensuring that the activities to be as2 sisted are developed for a range of types and 

3 sizes of institutions of higher education. 

4 ‘‘(b) APPLICATION.—Each institution of higher edu5 cation desiring to receive a grant under this section shall 

6 submit an application to the Secretary at such time, in 

7 such manner, and accompanied by such information as the 

8 Secretary may require. Each application shall include— 

9 ‘‘(1) a description of how the institution will 

10 carry out the activities under subsection (c); 

11 ‘‘(2) a description of the consultation the institu12 tion has had with a broad range of people within the 

13 institution, including students with disabilities and 

14 individuals with expertise in disability supports or 

15 special education, in developing the information 

16 under paragraph (1); 

17 ‘‘(3) a plan for the sustainability of the program 

18 after the end of the grant period; and 

19 ‘‘(4) a written business plan for revenue and ex20 penditures to be provided to the Department under 

21 subsection (d). 

22 ‘‘(c) ACTIVITIES.—A grant awarded under this section 

23 shall be used to— 

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1 ing framework for course design and instructional 

2 materials to improve campus-wide accessibility to in3 struction, materials, and the learning environment; or 

4 ‘‘(2) develop or improve distance education 

5 courses consistent with the principles of universal de6 sign for learning to improve accessibility of instruc7 tion and materials. 

8 ‘‘(d) REPORTS.— 

9 ‘‘(1) GRANT RECIPIENT REPORTS.—An institu10 tion of higher education awarded a grant under this 

11 section shall evaluate and disseminate to other insti12 tutions of higher education, the information obtained 

13 through the activities described in subsection (c). 

14 ‘‘(2) INITIAL REPORT BY SECRETARY.—Not later 

15 than one year after the date of the enactment of this 

16 section, the Secretary shall prepare and submit to the 

17 authorizing committees, and make available to the 

18 public, a report on all projects awarded grants under 

19 this section, including a review of the activities and 

20 program performance of such projects based on exist21 ing information as of the date of the 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 this 

5 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. 7008. 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 follows: 

15 ‘‘SEC. 766. PURPOSE. 

16 ‘‘It is the purpose of this subpart to support inclusive 

17 programs that promote the successful transition of students 

18 with intellectual disabilities into higher education and the 

19 earning of a recognized educational credential or recognized 

20 postsecondary credential issued by the institution of higher 

21 education.’’. 

22 (b) PROGRAMS FOR STUDENTS WITH INTELLECTUAL

23 DISABILITIES.—Section 767 of the Higher Education Act 

24 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 appropriated 

6 under section 769(a), the Secretary shall annually 

7 award grants, on a competitive basis, to institutions 

8 of higher education (or consortia of three or more in9 stitutions of higher education), to enable such institu10 tions or consortia to create or expand a comprehen11 sive transition and postsecondary education program 

12 for students with intellectual disabilities. 

13 ‘‘(2) ELIGIBILITY AND APPROPRIATIONS LIM14 ITS.— 

15 ‘‘(A) RELATION TO OTHER GRANTS.—An 

16 institution of higher education that received a 

17 grant under this section before the date of the en18 actment of the College Affordability Act may not 

19 receive an additional grant under this section 

20 unless— 

21 ‘‘(i) the institution receives a grant as 

22 part of a consortium of three or more insti23 tutions of higher education; or 

24 ‘‘(ii) the grant term of such preceding 

25 grant has ended. 

26 ‘‘(B) LIMITATION ON AMOUNTS.— 

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1 ‘‘(i) INSTITUTION OF HIGHER EDU2 CATION.—A grant under this section made 

3 to an institution of higher education may 

4 not be in an amount greater than $300,000. 

5 ‘‘(ii) CONSORTIUM.—A grant under 

6 this section made to a consortia of institu7 tions of higher education may not be in an 

8 amount greater than $500,000. 

9 ‘‘(3) ADMINISTRATION.—The program under this 

10 section shall be administered by the office in the De11 partment that administers other postsecondary edu12 cation programs in collaboration with the Office of 

13 Postsecondary Education and the Office of Special 

14 Education and Rehabilitative Services of the Depart15 ment of Education. 

16 ‘‘(4) DURATION OF GRANTS.—A grant under this 

17 section shall be awarded for a period of 5 years. 

18 ‘‘(b) APPLICATION.—An institution of higher edu19 cation or a consortium desiring a grant under this section 

20 shall submit an application to the Secretary at such time, 

21 in such manner, and containing such information as the 

22 Secretary may require. 

23 ‘‘(c) AWARD BASIS.—In awarding grants under this 

24 section, the Secretary shall— 

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1 ‘‘(1) provide for an equitable geographic dis2 tribution of such grants; 

3 ‘‘(2) to the extent possible, provide for an equi4 table distribution of such grants between 4–year insti5 tutions of higher education and 2–year institutions of 

6 higher education, including community colleges; 

7 ‘‘(3) provide grant funds for high-quality, inclu8 sive higher education programs for students with in9 tellectual disabilities, herein after referred to as inclu10 sive higher education programs, that will serve areas 

11 that are underserved by programs of this type; 

12 ‘‘(4) in the case of an institution of higher edu13 cation that provides institutionally owned or operated 

14 housing for students attending the institution, award 

15 grants only to such institutions that integrate stu16 dents with intellectual disabilities into the housing of17 fered to students without disabilities or to institutions 

18 that provide such integrated housing through pro19 viding supports to students directly or through part20 nerships with other organizations; 

21 ‘‘(5) provide grant funds to encourage involve22 ment of students attending institutions of higher edu23 cation in the fields of special education, general edu24 cation, vocational rehabilitation, assistive technology, 

25 or related fields in the program; 

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1 ‘‘(6) select applications that— 

2 ‘‘(A) demonstrate an existing comprehensive 

3 transition and postsecondary education program 

4 for students with intellectual disabilities that is 

5 title IV eligible; or 

6 ‘‘(B) agree to establish such a program; and 

7 ‘‘(7) give preference to applications submitted 

8 under subsection (b) that agree to incorporate into the 

9 inclusive higher education program for students with 

10 intellectual disabilities carried out under the grant 

11 one or more of the following elements: 

12 ‘‘(A) The formation of a partnership with 

13 any relevant agency serving students with intel14 lectual disabilities, such as a vocational rehabili15 tation agency. 

16 ‘‘(B) Applications that represent geographi17 cally underserved States. 

18 ‘‘(d) USE OF FUNDS; REQUIREMENTS.—An institution 

19 of higher education or consortium receiving a grant under 

20 this section shall— 

21 ‘‘(1) use the grant funds to establish an inclusive 

22 higher education program for students with intellec23 tual disabilities that— 

24 ‘‘(A) serves students with intellectual dis25 abilities; 

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1 ‘‘(B) provides individual supports and serv2 ices for the academic and social inclusion of stu3 dents with intellectual disabilities in academic 

4 courses, extracurricular activities, and other as5 pects of the regular postsecondary program, in6 cluding access to health and mental health serv7 ices, offices of accessibility, and graduation cere8 monies; 

9 ‘‘(C) with respect to the students with intel10 lectual disabilities participating in the program, 

11 provides a focus on— 

12 ‘‘(i) academic and career development; 

13 ‘‘(ii) socialization and inclusion with 

14 the general student population; 

15 ‘‘(iii) independent living skills, includ16 ing self-advocacy skills; and 

17 ‘‘(iv) integrated work experiences and 

18 career skills that lead to competitive inte19 grated employment; 

20 ‘‘(D) integrates person-centered planning in 

21 the development of the course of study for each 

22 student with an intellectual disability partici23 pating in the program; 

24 ‘‘(E) plans for the sustainability of the pro25 gram after the end of the grant period, with a 

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1 written business plan for revenue and expendi2 tures to be provided to the Department by the 

3 end of year 3; and 

4 ‘‘(F) awards a degree, certificate, or recog5 nized postsecondary credential for students with 

6 intellectual disabilities upon the completion of 

7 the program; 

8 ‘‘(2) in the case of an institution of higher edu9 cation that provides institutionally owned or operated 

10 housing for students attending the institution or inte11 grated housing through providing supports to students 

12 directly or through partnerships with other organiza13 tions, provide for the integration of students with in14 tellectual disabilities into housing offered to students 

15 without disabilities; 

16 ‘‘(3) participate with the coordinating center es17 tablished under section 777(b) in the evaluation of the 

18 program, including by regularly submitting data on 

19 experiences and outcomes of individual students par20 ticipating in the program; and 

21 ‘‘(4) partner with one or more local educational 

22 agencies to support students with intellectual disabil23 ities participating in the program who are eligible for 

24 special education and related services under the Indi25 viduals with Disabilities Education Act (20 U.S.C. 

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1 1400 et seq.), including the use of funds available 

2 under part B of such Act (20 U.S.C. 1411 et seq.) to 

3 support the participation of such students in the pro4 gram. 

5 ‘‘(e) MATCHING REQUIREMENT.—An institution of 

6 higher education (or consortium) that receives a grant 

7 under this section shall provide matching funds toward the 

8 cost of the inclusive higher education program for students 

9 with intellectual disabilities carried out under the grant. 

10 Such matching funds may be provided in cash or in-kind, 

11 and shall be in an amount of not less than 25 percent of 

12 the amount of such costs. 

13 ‘‘(f) DATA COLLECTION AND TRANSMISSION.— 

14 ‘‘(1) IN GENERAL.—An institution or consortium 

15 receiving a grant under this section shall collect and 

16 transmit to the coordinating center established under 

17 section 777(b) on an annual basis for each student 

18 who is enrolled in the program, student-level informa19 tion related to the experiences and outcomes of stu20 dents who participate in the inclusive higher edu21 cation program for students with intellectual disabil22 ities. 

23 ‘‘(2) LONGITUDINAL DATA.—Each grantee shall 

24 collect longitudinal outcome data from each student 

25 participating in the program and transmit such data 

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1 to the coordinating center established under section 

2 777(b). Such longitudinal data shall be collected for 

3 every student each year for 5 years after the student 

4 graduates from, or otherwise exits, the program. 

5 ‘‘(3) DATA TO BE COLLECTED.—The program6 level information and data and student-level informa7 tion and data to be collected under this subsection 

8 shall include— 

9 ‘‘(A) the number and type of postsecondary 

10 education courses taken and completed by the 

11 student; 

12 ‘‘(B) academic outcomes; 

13 ‘‘(C) competitive, integrated employment 

14 outcomes; 

15 ‘‘(D) independent living outcomes; and 

16 ‘‘(E) social outcomes, including community 

17 integration. 

18 ‘‘(4) DISAGGREGATION.—The information deter19 mined under paragraph (3) shall be disaggregated by 

20 race, gender, socioeconomic status, Federal Pell Grant 

21 eligibility status, status as a first generation college 

22 student, and veteran or active duty status. 

23 ‘‘(g) REPORT.—Not later than 5 years after the date 

24 of the first grant awarded under this section, the Secretary 

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1 shall prepare and disseminate a report to the authorizing 

2 committees and to the public that— 

3 ‘‘(1) reviews the activities of the inclusive higher 

4 education programs for students with intellectual dis5 abilities funded under this section; and 

6 ‘‘(2) provides guidance and recommendations on 

7 how effective programs can be replicated.’’. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 769(a) of the Higher Education Act of 1965 (20 U.S.C. 

10 1140i) is amended by striking ‘‘2009’’ and inserting 

11 ‘‘2021’’. 

12 SEC. 7009. NATIONAL TECHNICAL ASSISTANCE CENTER 

13 AND NATIONAL COORDINATING CENTER FOR 

14 INCLUSION OF STUDENTS WITH INTELLEC15 TUAL DISABILITIES. 

16 (a) IN GENERAL.—Section 777 of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1140q) is amended to read 

18 as follows: 

19 ‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER AND 

20 NATIONAL COORDINATING CENTER FOR IN21 CLUSION OF STUDENTS WITH INTELLECTUAL 

22 DISABILITIES. 

23 ‘‘(a) NATIONAL TECHNICAL ASSISTANCE CENTER.— 

24 ‘‘(1) IN GENERAL.—From amounts appropriated 

25 under paragraph (5), the Secretary shall award a 

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1 grant to, or enter into a contract or cooperative agree2 ment with, an eligible entity to provide for the estab3 lishment and support of a National Technical Assist4 ance Center. The National Technical Assistance Cen5 ter shall carry out the duties set forth in paragraph 

6 (4). 

7 ‘‘(2) ADMINISTRATION.—The program under this 

8 section shall be administered by the office in the De9 partment that administers other postsecondary edu10 cation programs in consultation with the Office of 

11 Special Education and Rehabilitative Services. 

12 ‘‘(3) ELIGIBLE ENTITY.—In this subpart, the 

13 term ‘eligible entity’ means an institution of higher 

14 education, a nonprofit organization, or partnership of 

15 two or more such institutions or organizations, with 

16 demonstrated expertise in— 

17 ‘‘(A) transitioning students with disabilities 

18 from secondary school to postsecondary edu19 cation; 

20 ‘‘(B) supporting students with disabilities 

21 in postsecondary education; 

22 ‘‘(C) technical knowledge necessary for the 

23 dissemination of information in accessible for24 mats; and 

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1 ‘‘(D) working with diverse types of institu2 tions of higher education, including community 

3 colleges. 

4 ‘‘(4) DUTIES.—The duties of the National Tech5 nical Assistance Center shall include the following: 

6 ‘‘(A) ASSISTANCE TO STUDENTS AND FAMI7 LIES.—The National Technical Assistance Center 

8 shall provide information and technical assist9 ance to students with disabilities and the fami10 lies of students with disabilities to support stu11 dents across the broad spectrum of disabilities, 

12 including— 

13 ‘‘(i) information to assist individuals 

14 with disabilities who are prospective stu15 dents of an institution of higher education 

16 in planning for postsecondary education 

17 while the students are in secondary school; 

18 ‘‘(ii) information and technical assist19 ance provided to individualized education 

20 program teams (as defined in section 

21 614(d)(1) of the Individuals with Disabil22 ities Education Act) for secondary school 

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1 parts 2, 4, and 5 of part A of title IV, to 

2 support students across a broad spectrum of 

3 disabilities with the successful transition to 

4 postsecondary education; 

5 ‘‘(iii) research-based supports, services, 

6 and accommodations which are available in 

7 postsecondary settings, including services 

8 provided by other agencies such as voca9 tional rehabilitation; 

10 ‘‘(iv) information on student men11 toring and networking opportunities for 

12 students with disabilities; and 

13 ‘‘(v) effective recruitment and transi14 tion programs at postsecondary educational 

15 institutions. 

16 ‘‘(B) ASSISTANCE TO INSTITUTIONS OF

17 HIGHER EDUCATION.—The National Technical 

18 Assistance Center shall provide information and 

19 technical assistance to faculty, staff, and admin20 istrators of institutions of higher education to 

21 improve the services provided to, the accommoda22 tions for, the retention rates of, and the comple23 tion rates of, students with disabilities in higher 

24 education settings, which may include— 

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1 ‘‘(i) collection and dissemination of 

2 best and promising practices and materials 

3 for accommodating and supporting students 

4 with disabilities, including practices and 

5 materials supported by the grants, con6 tracts, or cooperative agreements authorized 

7 under subparts 1, 2, and 3; 

8 ‘‘(ii) development and provision of 

9 training modules for higher education fac10 ulty on exemplary practices for accommo11 dating and supporting postsecondary stu12 dents with disabilities across a range of 

13 academic fields, which may include uni14 versal design for learning and practices 

15 supported by the grants, contracts, or coop16 erative agreements authorized under sub17 parts 1, 2, and 3; and 

18 ‘‘(iii) development of technology-based 

19 tutorials for higher education faculty and 

20 staff, including new faculty and graduate 

21 students, on best and promising practices 

22 related to support and retention of students 

23 with disabilities in postsecondary edu24 cation. 

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1 ‘‘(C) INFORMATION COLLECTION AND DIS2 SEMINATION.—The National Technical Assist3 ance Center shall be responsible for building, 

4 maintaining, and updating a database of dis5 ability support services information with respect 

6 to institutions of higher education, or for ex7 panding and updating an existing database of 

8 disabilities support services information with re9 spect to institutions of higher education. Such 

10 database shall be available to the general public 

11 through a website built to high technical stand12 ards of accessibility practicable for the broad 

13 spectrum of individuals with disabilities. Such 

14 database and website shall include available in15 formation on— 

16 ‘‘(i) disability documentation require17 ments; 

18 ‘‘(ii) support services available; 

19 ‘‘(iii) links to financial aid; 

20 ‘‘(iv) accommodations policies; 

21 ‘‘(v) accessible instructional materials; 

22 ‘‘(vi) other topics relevant to students 

23 with disabilities; and 

24 ‘‘(vii) the information in the report de25 scribed in subparagraph (E). 

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1 ‘‘(D) DISABILITY SUPPORT SERVICES.—The 

2 National Technical Assistance Center shall work 

3 with organizations and individuals with proven 

4 expertise related to disability support services for 

5 postsecondary students with disabilities to evalu6 ate, improve, and disseminate information re7 lated to the delivery of high quality disability 

8 support services at institutions of higher edu9 cation. 

10 ‘‘(E) REVIEW AND REPORT.—Not later than 

11 three years after the establishment of the Na12 tional Technical Assistance Center, and every 

13 two years thereafter, the National Technical As14 sistance Center shall prepare and disseminate a 

15 report to the Secretary and the authorizing com16 mittees analyzing the condition of postsecondary 

17 success for students with disabilities. Such report 

18 shall include— 

19 ‘‘(i) a review of the activities and the 

20 effectiveness of the programs authorized 

21 under this part; 

22 ‘‘(ii) annual enrollment and gradua23 tion rates of students with disabilities in 

24 institutions of higher education from pub25 licly reported data; 

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1 ‘‘(iii) recommendations for effective 

2 postsecondary supports and services for stu3 dents with disabilities, and how such sup4 ports and services may be widely imple5 mented at institutions of higher education; 

6 ‘‘(iv) recommendations on reducing 

7 barriers to full participation for students 

8 with disabilities in higher education; and 

9 ‘‘(v) a description of strategies with a 

10 demonstrated record of effectiveness in im11 proving the success of such students in post12 secondary education. 

13 ‘‘(F) STAFFING OF THE CENTER.—In hiring 

14 employees of the National Technical Assistance 

15 Center, the National Technical Assistance Center 

16 shall consider the expertise and experience of 

17 prospective employees in providing training and 

18 technical assistance to practitioners. 

19 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated to carry out 

21 this subsection $10,000,000. 

22 ‘‘(b) THE NATIONAL COORDINATING CENTER FOR IN23 CLUSION OF STUDENTS WITH INTELLECTUAL DISABIL24 ITIES.— 

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1 ‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this 

2 subsection, the term ‘eligible entity’ means an entity, 

3 or a partnership of entities, that has demonstrated ex4 pertise in the fields of— 

5 ‘‘(A) higher education; 

6 ‘‘(B) the education of students with intellec7 tual disabilities; 

8 ‘‘(C) the development of inclusive higher 

9 education programs for students with intellectual 

10 disabilities; and 

11 ‘‘(D) evaluation and technical assistance. 

12 ‘‘(2) IN GENERAL.—From amounts appropriated 

13 under paragraph (7), the Secretary shall enter into a 

14 cooperative agreement, on a competitive basis, with 

15 an eligible entity for the purpose of establishing a co16 ordinating center for institutions of higher education 

17 that offer inclusive higher education programs for stu18 dents with intellectual disabilities, including institu19 tions participating in grants authorized under sub20 part 2 to provide— 

21 ‘‘(A) recommendations related to the devel22 opment of standards for such programs; 

23 ‘‘(B) technical assistance for such programs; 

24 and 

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1 ‘‘(C) evaluations for such programs, includ2 ing systematic collection of data on the experi3 ences and outcomes of individuals with intellec4 tual disabilities. 

5 ‘‘(3) ADMINISTRATION.—The program under this 

6 subsection shall be administered by the Office of Post7 secondary Education, in collaboration with the Office 

8 of Special Education and Rehabilitative Services. 

9 ‘‘(4) DURATION.—The Secretary shall enter into 

10 a cooperative agreement under this subsection for a 

11 period of five years. 

12 ‘‘(5) REQUIREMENTS OF COOPERATIVE AGREE13 MENT.—The eligible entity entering into a cooperative 

14 agreement under this subsection shall establish and 

15 maintain a coordinating center that shall— 

16 ‘‘(A) serve as the technical assistance entity 

17 for all inclusive higher education programs and 

18 comprehensive transition and postsecondary pro19 grams for students with intellectual disabilities; 

20 ‘‘(B) provide technical assistance regarding 

21 the development, evaluation, and continuous im22 provement of such programs; 

23 ‘‘(C) evaluate such programs using quali24 tative and quantitative methodologies for meas25 uring program strengths in the areas of acaVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01080 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 demic access, academic enrichment, socialization, 

2 competitive integrated employment, attainment 

3 of a degree, certificate, or recognized postsec4 ondary credential, and independent living; 

5 ‘‘(D) evaluate participant progress by cre6 ating and maintaining a database of student7 level information and data related to the experi8 ences and outcomes of youth who participate in 

9 each inclusive higher education program that re10 ceives a grant under this subpart; 

11 ‘‘(E) create and maintain a mechanism for 

12 continuing to collect outcome information from 

13 students who participated in inclusive higher 

14 education programs that were developed in pre15 vious grant award cycles; 

16 ‘‘(F) assist recipients of a grant under this 

17 subpart in efforts to award a degree, certificate, 

18 or recognized postsecondary credential; 

19 ‘‘(G) create and maintain a database of stu20 dent and program level data reflecting imple21 mentation of the inclusive higher education pro22 gram that receives a grant under this subpart; 

23 ‘‘(H) create and maintain a mechanism to 

24 consolidate follow up data on student outcomes 

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1 collected by inclusive higher education programs 

2 funded through previous grant cycles; 

3 ‘‘(I) assist recipients of grants under sub4 part 2 in efforts to award a degree, certificate, 

5 or recognized postsecondary credential to stu6 dents with intellectual disabilities upon the com7 pletion of such programs; 

8 ‘‘(J) identify model memoranda of agree9 ment for use between or among institutions of 

10 higher education and State and local agencies 

11 providing funding for such programs; 

12 ‘‘(K) develop recommendations for the nec13 essary components of such programs, such as— 

14 ‘‘(i) academic, career and technical, so15 cial, and independent living skills; 

16 ‘‘(ii) evaluation of student progress; 

17 ‘‘(iii) program administration and 

18 evaluation; 

19 ‘‘(iv) student eligibility; 

20 ‘‘(v) issues regarding the equivalency of 

21 a student’s participation in such programs 

22 to semester, trimester, quarter, credit, or 

23 clock hours at an institution of higher edu24 cation, as the case may be; and 

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1 ‘‘(vi) access to student housing for stu2 dents participating in the inclusive higher 

3 education programs, including accommoda4 tions and services that support independent 

5 living; 

6 ‘‘(L) review and analyze— 

7 ‘‘(i) the impact of State and Federal 

8 policy on inclusive higher education legisla9 tion; and 

10 ‘‘(ii) funding streams for such pro11 grams; 

12 ‘‘(M) provide recommendations regarding 

13 the funding streams described in paragraph 

14 (H)(ii); 

15 ‘‘(N) develop mechanisms for regular com16 munication, outreach and dissemination of in17 formation about inclusive higher education pro18 grams for students with intellectual disabilities 

19 under subpart 2 between or among such pro20 grams and to families and prospective students; 

21 ‘‘(O) host a meeting of all recipients of 

22 grants under subpart 2 not less often than once 

23 each year; and 

24 ‘‘(P) convene a work group to continue the 

25 development of and recommendations for model 

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1 criteria, standards, and components of inclusive 

2 higher education programs and comprehensive 

3 transition and postsecondary programs for stu4 dents with intellectual disabilities, that are ap5 propriate for the development of accreditation 

6 standards— 

7 ‘‘(i) which work group shall include— 

8 ‘‘(I) an expert in community col9 lege education; 

10 ‘‘(II) an expert in career technical 

11 education; 

12 ‘‘(III) an expert in 4–year insti13 tutions of higher education; 

14 ‘‘(IV) an expert in special edu15 cation; 

16 ‘‘(V) a disability organization 

17 that represents students with intellec18 tual disabilities; 

19 ‘‘(VI) a representative from the 

20 National Advisory Committee on Insti21 tutional Quality and Integrity; and 

22 ‘‘(VII) a representative of a re23 gional or national accreditation agen24 cy or association; and 

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1 ‘‘(ii) the work group will carry out the 

2 following activities— 

3 ‘‘(I) conduct outreach to accred4 iting agencies; 

5 ‘‘(II) develop a technical guidance 

6 document to support implementation of 

7 the model standards; 

8 ‘‘(III) develop and conduct a pro9 tocol for implementing the model 

10 standards; and 

11 ‘‘(IV) update recommendations for 

12 the model standards, criteria, and com13 ponents of such programs, as applica14 ble. 

15 ‘‘(6) REPORT.—Not later than 5 years after the 

16 date of the establishment of the coordinating center 

17 under this subsection, the coordinating center shall re18 port to the Secretary, the authorizing committees, and 

19 the National Advisory Committee on Institutional 

20 Quality and Integrity on the activities described in 

21 paragraph (5). 

22 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to carry out 

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1 cal year 2021 and each of the five succeeding fiscal 

2 years.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 778 of the Higher Education Act of 1965 (20 U.S.C. 1140r) 

5 is repealed. 

6 SEC. 7010. FORMULA GRANTS TO STATES TO IMPROVE 

7 HIGHER EDUCATION OPPORTUNITIES FOR 

8 FOSTER YOUTH AND HOMELESS YOUTH. 

9 Title VII of the Higher Education Act of 1965 (20 

10 U.S.C. 1133 et seq.) is further amended by adding at the 

11 end the following new part: 

12 ‘‘PART F—GRANTS FOR IMPROVING ACCESS TO 

13 AND SUCCESS IN HIGHER EDUCATION FOR 

14 FOSTER YOUTH AND HOMELESS YOUTH 

15 ‘‘SEC. 791. DEFINITIONS. 

16 ‘‘In this part: 

17 ‘‘(1) FOSTER YOUTH.—The term ‘foster youth’— 

18 ‘‘(A) means an individual whose care and 

19 placement is the responsibility of the State or 

20 tribal agency that administers a State or tribal 

21 plan under part B or E of title IV of the Social 

22 Security Act (42 U.S.C. 621 et seq.; 670 et seq.), 

23 without regard to whether foster care mainte24 nance payments are made under section 472 of 

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1 such Act (42 U.S.C. 672) on behalf of the indi2 vidual; and 

3 ‘‘(B) includes any individual— 

4 ‘‘(i) whose care and placement was the 

5 responsibility of such a State or tribal agen6 cy when, or at any time after, the indi7 vidual attained 13 years of age, without re8 gard to whether foster care maintenance 

9 payments were made under section 472 of 

10 such Act (42 U.S.C. 672) on behalf of the 

11 individual; and 

12 ‘‘(ii) who is no longer under the care 

13 and responsibility of such a State or tribal 

14 agency, without regard to any subsequent 

15 adoption, guardianship arrangement, or 

16 other form of permanency option. 

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

18 youth’ has the meaning given the term ‘homeless chil19 dren and youths’ in section 725 of the McKinney20 Vento Homeless Assistance Act (42 U.S.C. 11434a). 

21 ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The 

22 terms ‘Indian Tribe’ and ‘tribal organization’ have 

23 the meanings given the terms in section 4 of the In24 dian Self-Determination and Education Assistance 

25 Act (25 U.S.C. 5304). 

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1 ‘‘(4) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘institution of higher education’ has the meaning 

3 given the term in section 101. 

4 ‘‘(5) STATE.—The term ‘State’ means each of the 

5 several States and the District of Columbia. 

6 ‘‘(6) TERRITORY.—The term ‘territory’ means 

7 Puerto Rico, United States Virgin Islands, Guam, 

8 American Samoa, and the Commonwealth of the 

9 Northern Mariana Islands, the Republic of the Mar10 shall Islands, the Federated States of Micronesia, and 

11 the Republic of Palau. 

12 ‘‘SEC. 792. FORMULA GRANTS TO STATES TO IMPROVE AC13 CESS TO AND SUCCESS IN HIGHER EDU14 CATION FOR FOSTER YOUTH AND HOMELESS 

15 YOUTH. 

16 ‘‘(a) GRANT PROGRAM ESTABLISHED.—From the 

17 amount appropriated under subsection (h), the Secretary 

18 shall make allotments under subsection (b), to States having 

19 applications approved under subsection (c), to enable each 

20 State to— 

21 ‘‘(1) carry out the Statewide transition initiative 

22 described in subsection (d); and 

23 ‘‘(2) make subgrants described in subsection (e). 

24 ‘‘(b) ALLOCATIONS.— 

25 ‘‘(1) FORMULA.— 

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1 ‘‘(A) RESERVATION FOR INDIAN TRIBES AND

2 TERRITORIES.— 

3 ‘‘(i) IN GENERAL.—From the amount 

4 appropriated under subsection (h) for a fis5 cal year and subject to clause (ii), the Sec6 retary shall reserve— 

7 ‘‘(I) not more than 3 percent for 

8 grants to Indian Tribes, consortia of 

9 Indian Tribes, or Tribal organizations; 

10 and 

11 ‘‘(II) not more than 2 percent for 

12 grants to territories. 

13 ‘‘(ii) REQUIREMENTS.—In awarding 

14 grants under this subparagraph, the Sec15 retary— 

16 ‘‘(I) shall not award a grant 

17 under subclause (I) or (II) of clause (i) 

18 for a fiscal year for which no Indian 

19 Tribe (or consortium of Indian Tribes) 

20 or Tribal organization, or territory, re21 spectively, submits a satisfactory ap22 plication for a grant under such sub23 clause; 

24 ‘‘(II) shall require that any In25 dian Tribe, consortium, Tribal organiVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01089 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 zation, or territory that receives a 

2 grant under this subparagraph provide 

3 an assurance of a partnership among 

4 relevant education, child welfare, and 

5 homeless agencies or organizations; and 

6 ‘‘(III) may determine any other 

7 requirements with respect to such 

8 grants (including the allocation, appli9 cation, and use of fund requirements), 

10 which to the extent possible, shall be 

11 consistent with the requirements for 

12 States under this part, except that ap13 propriate adjustments shall be made 

14 based on the needs and size of popu15 lations served by the Indian Tribe, 

16 consortium, Tribal organization, or 

17 territory applying for the grant. 

18 ‘‘(B) RESERVATION FOR DEPARTMENT AC19 TIVITIES.—From the amount appropriated 

20 under subsection (h) for a fiscal year, the Sec21 retary may reserve— 

22 ‘‘(i) not more than 7 percent to— 

23 ‘‘(I) provide technical assistance, 

24 in consultation with Secretary of 

25 Health and Human Services, to States 

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1 carrying out activities under this sec2 tion; and 

3 ‘‘(II) complete the evaluations re4 quired by subsection (g)(1); and 

5 ‘‘(ii) not more than 3 percent for ad6 ministrative expenses. 

7 ‘‘(C) ALLOCATIONS.—From the amount ap8 propriated under subsection (h) for a fiscal year 

9 and remaining after the Secretary reserves funds 

10 under subparagraphs (A) and (B), the Secretary 

11 shall allocate to each State the greater of— 

12 ‘‘(i) $500,000; or 

13 ‘‘(ii) the amount that bears the same 

14 proportion to the remaining appropriated 

15 amount for such fiscal year as the number 

16 of foster youth and homeless youth in the 

17 State bears to the number of foster youth 

18 and homeless youth in all States. 

19 ‘‘(D) RATABLE REDUCTION.—If the amount 

20 appropriated under subsection (h) for a fiscal 

21 year and remaining after the Secretary reserves 

22 funds under subparagraphs (A) and (B) is less 

23 than the amount required to be allocated to 

24 States under subparagraph (C), then the amount 

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1 of the allocation to each State shall be ratably re2 duced. 

3 ‘‘(2) STATE RESERVATION.—From the amounts 

4 awarded a State under paragraph (1)(C) for a fiscal 

5 year, the State may reserve not more than 5 percent 

6 for administrative expenses. 

7 ‘‘(3) TEMPORARY INELIGIBILITY FOR SUBSE8 QUENT PAYMENTS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall de10 termine a State to be temporarily ineligible to 

11 receive a grant payment under this subsection 

12 for a fiscal year if— 

13 ‘‘(i) the State fails to submit an an14 nual report under subsection (f) for the pre15 ceding fiscal year; or 

16 ‘‘(ii) the Secretary determines, based 

17 on information in such annual report, that 

18 the State is not effectively— 

19 ‘‘(I) meeting the outcomes de20 scribed in the application of such State 

21 under subsection (c)(2)(C), and does 

22 not have a plan to improve the out23 comes; 

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1 ‘‘(II) monitoring and evaluating 

2 the activities under subsections (d) and 

3 (e); or 

4 ‘‘(III) using funds as required 

5 under subsections (d) and (e). 

6 ‘‘(B) REINSTATEMENT.—If the Secretary 

7 determines that a State is ineligible under sub8 paragraph (A), the Secretary may enter into an 

9 agreement with the State setting forth the terms 

10 and conditions under which the State may re11 gain eligibility to receive payments under this 

12 section. 

13 ‘‘(c) APPLICATIONS.— 

14 ‘‘(1) IN GENERAL.—For each fiscal year for 

15 which a State desires an allotment under subsection 

16 (b), the State shall submit an application to the Sec17 retary at such time, in such manner, and containing 

18 the information described in paragraph (2). 

19 ‘‘(2) INFORMATION REQUIRED.—An application 

20 submitted under paragraph (1) shall include the fol21 lowing: 

22 ‘‘(A) A plan for how the State will carry 

23 out the activities under subsections (d) and (e). 

24 ‘‘(B) A description of the State’s capacity to 

25 carry out such activities. 

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1 ‘‘(C) A description of intended outcomes for 

2 such activities. 

3 ‘‘(D) A plan for how the State will monitor 

4 and evaluate such activities, including how the 

5 State will use data to continually update and 

6 improve such activities. 

7 ‘‘(E) A description of how students will be 

8 identified and recruited for participation in the 

9 Statewide transition initiative under subsection 

10 (d). 

11 ‘‘(F) An estimate of the number and charac12 teristics of the populations targeted for partici13 pation in the Statewide transition initiative 

14 under subsection (d) with attention to the diverse 

15 needs of homeless youth and foster youth in the 

16 State. 

17 ‘‘(G) A description of how the State will co18 ordinate services provided under the grant with 

19 services provided to foster youth and homeless 

20 youth under the McKinney-Vento Homeless As21 sistance Act (42 U.S.C. 11301 et seq.), the Ele22 mentary and Secondary Education Act of 1965 

23 (20 U.S.C. 6301 et seq.), the Runaway and 

24 Homeless Youth Act (42 U.S.C. 5701 et seq.), 

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1 and other services provided to foster youth and 

2 homeless youth by the State. 

3 ‘‘(H) An assurance that the State will com4 ply with subtitle B of title VII of the McKinney5 Vento Homeless Assistance Act (42 U.S.C. 11431 

6 et seq.). 

7 ‘‘(I) An assurance that the State will part8 ner with State educational agencies, local edu9 cational agencies, institutions of higher edu10 cation, State and local child welfare authorities, 

11 and other relevant organizations that serve foster 

12 youth or homeless youth. 

13 ‘‘(J) An assurance that the State will sub14 mit the annual report required under subsection 

15 (f). 

16 ‘‘(K) A budgetary analysis of the use of 

17 funds awarded under this section. 

18 ‘‘(L) Such other information as the Sec19 retary may require. 

20 ‘‘(d) STATEWIDE TRANSITION INITIATIVE.— 

21 ‘‘(1) USE OF FUNDS.—Subject to subsection 

22 (b)(2), and in consultation and coordination with the 

23 entities described in paragraph (2) of this subsection, 

24 a State receiving a grant award under this section 

25 shall use not less than 25 percent of the funds to— 

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1 ‘‘(A) provide intensive outreach and support 

2 to foster youth and homeless youth to— 

3 ‘‘(i) improve the understanding and 

4 preparation of such youth for enrollment in 

5 institutions of higher education; 

6 ‘‘(ii) increase the number of applica7 tions to institutions of higher education 

8 submitted by such youth; and 

9 ‘‘(iii) increase the number of enroll10 ments at institutions of higher education; 

11 ‘‘(B) provide education to foster youth and 

12 homeless youth with respect to— 

13 ‘‘(i) the benefits and opportunities of 

14 postsecondary education; 

15 ‘‘(ii) planning for postsecondary edu16 cation; 

17 ‘‘(iii) financial aid opportunities that 

18 assist youth with covering the cost of at19 tendance of an institution of higher edu20 cation; 

21 ‘‘(iv) the Federal and State services 

22 and benefits available to foster youth and 

23 homeless youth while enrolled at an institu24 tion of higher education, including health 

25 and mental health services; 

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1 ‘‘(v) career exploration; and 

2 ‘‘(vi) financial literacy training, in3 cluding security from identity theft; 

4 ‘‘(C) assist foster youth and homeless youth 

5 with submitting applications for— 

6 ‘‘(i) enrollment at an institution of 

7 higher education; 

8 ‘‘(ii) financial aid for such enrollment; 

9 and 

10 ‘‘(iii) scholarships available for such 

11 students, including under a State edu12 cational and training voucher program re13 ferred to in section 477(i) of the Social Se14 curity Act; and 

15 ‘‘(D) provide free programming, which may 

16 include free transportation to and from such 

17 programming, for foster youth and homeless 

18 youth to prepare such individuals socially and 

19 academically for the rigors of postsecondary edu20 cation during the summer before such individ21 uals first attend an institution of higher edu22 cation. 

23 ‘‘(2) REQUIRED CONSULTATION AND COORDINA24 TION.—In carrying out the activities described in 

25 paragraph (1), a State shall consult and coordinate 

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1 with State educational agencies, local educational 

2 agencies, institutions of higher education, State and 

3 local child welfare authorities, and other relevant or4 ganizations that serve foster youth or homeless youth. 

5 ‘‘(e) SUBGRANTS TO CREATE INSTITUTIONS OF EX6 CELLENCE.— 

7 ‘‘(1) IN GENERAL.—Subject to the subsection 

8 (b)(2), a State receiving a grant under this section 

9 shall, acting through the administering State agency, 

10 use not less than 70 percent of the funds to award, 

11 on a competitive basis, subgrants to eligible institu12 tions to enable such institutions to become institu13 tions of excellence by improving college access, reten14 tion, and completion rates for foster and homeless 

15 youth as described in paragraph (3). 

16 ‘‘(2) APPLICATION.— 

17 ‘‘(A) IN GENERAL.—An eligible institution 

18 desiring a subgrant under this subsection shall 

19 submit an application to the State in which such 

20 eligible institution is located, at such time, in 

21 such manner, and containing such information 

22 as the State may require. 

23 ‘‘(B) TECHNICAL ASSISTANCE.—States shall 

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1 gible institutions with respect to applications for 

2 subgrants under this subsection. 

3 ‘‘(3) ACTIVITIES.—An eligible institution that 

4 receives a grant under this subsection shall use the 

5 grant funds to carry out the following activities with 

6 respect to homeless youth and foster youth: 

7 ‘‘(A) Provide flexibility and assistance in 

8 completing the application process to enroll at 

9 such institution. 

10 ‘‘(B) Coordinate programs with relevant on11 and off-campus stakeholders to increase the en12 rollment of such youth at the institution and 

13 align services at the institution for such youth. 

14 ‘‘(C) Adjust the cost of attendance for such 

15 youth at such eligible institution to include the 

16 cost of housing during periods of non-enrollment. 

17 ‘‘(D) Provide institutional aid to such stu18 dents to meet the cost of attendance that is not 

19 covered by other Federal or State educational 

20 grants. 

21 ‘‘(E) Provide outreach to such students to 

22 ensure that such youth are aware of housing re23 sources available during periods of non-enroll24 ment. 

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1 ‘‘(F) Subsidize any fees for such students 

2 associated with orientation and offer free trans3 portation to college orientation or move-in week. 

4 ‘‘(G) Hire and provide training for at least 

5 one full-time staff at the eligible institution to 

6 serve as a point of contact to provide case man7 agement services and monthly face-to-face meet8 ings with students who are foster youth or home9 less youth. Such individual shall have an ad10 vanced degree and at least two years of relevant 

11 experience. 

12 ‘‘(H) Establish or enhance campus support 

13 programs to provide such students with a wide14 range of on-campus services including— 

15 ‘‘(i) assistance with financial aid; 

16 ‘‘(ii) career advice; and 

17 ‘‘(iii) leadership development. 

18 ‘‘(I) Ensure the availability of robust stu19 dent health services (physical and mental) that 

20 meet the specific needs of foster youth and home21 less youth. 

22 ‘‘(J) Establish or expand early alert systems 

23 to identify and support such students who may 

24 be struggling academically. 

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1 ‘‘(K) For each such student with reasonable, 

2 unanticipated expenses that would not be covered 

3 by the institutional aid provided under subpara4 graph (D) and that would be necessary for the 

5 student to persist in college during an academic 

6 year, provide the student with access to an emer7 gency grant to help cover such expenses. 

8 ‘‘(L) Collect, review, and monitor data for 

9 program improvement. 

10 ‘‘(4) RELIANCE ON INSTITUTIONAL AID.—Any 

11 institutional aid provided to a student under para12 graph (3)(D) by an eligible institution during the 

13 grant period of the institution’s grant under this sec14 tion shall continue to be provided during the student’s 

15 continuous enrollment at the institution, without re16 gard to whether the grant period ends during such en17 rollment. 

18 ‘‘(5) DEFINITIONS.—In this subsection: 

19 ‘‘(A) ADMINISTERING STATE AGENCY.—The 

20 term ‘administering State agency’ means a State 

21 agency— 

22 ‘‘(i) designated by the Governor or ex23 ecutive of the State to administer the sub24 grants under this subsection; and 

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1 ‘‘(ii) that, with respect to such State, 

2 has jurisdiction over— 

3 ‘‘(I) foster youth; 

4 ‘‘(II) homeless youth; 

5 ‘‘(III) elementary and secondary 

6 education; or 

7 ‘‘(IV) higher education. 

8 ‘‘(B) ELIGIBLE INSTITUTION.—The term ‘el9 igible institution’ means an institution of higher 

10 education— 

11 ‘‘(i) that is in partnership with— 

12 ‘‘(I) the State child welfare agency 

13 that is responsible for the administra14 tion of the State plan under part B or 

15 E of title IV of the Social Security Act 

16 (42 U.S.C. 621 et seq.; 670 et seq.); 

17 and 

18 ‘‘(II) an organization that serves 

19 homeless youth (such as a youth shelter 

20 or outreach program); and 

21 ‘‘(ii) that may partner with any other 

22 provider, agency, official, or entity that 

23 serves foster youth and homeless youth, or 

24 former foster youth and homeless youth. 

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1 ‘‘(f) STATE REPORTS.—For each year in which a State 

2 receives an allotment under subsection (b), the State shall 

3 prepare and submit a report to the Secretary that in4 cludes— 

5 ‘‘(1) each activity or service that was carried out 

6 under this section; 

7 ‘‘(2) the cost of providing each such activity or 

8 service; 

9 ‘‘(3) the number of students who received each 

10 activity or service disaggregated by each subgroup of 

11 students described in subclauses (I) through (VI) of 

12 section 1111(b)(2)(B)(xi) of the Elementary and Sec13 ondary Education Act of 1965 (20 U.S.C. 

14 6311(b)(2)(B)(xi)); 

15 ‘‘(4) using qualitative and quantitative analysis, 

16 how the State— 

17 ‘‘(A) improved access to higher education 

18 for foster youth and homeless youth; and 

19 ‘‘(B) measured youth satisfaction with ac20 tivities carried out under this part; 

21 ‘‘(5) an analysis of the implementation and 

22 progress of the Statewide transition initiative under 

23 subsection (d), including challenges and changes made 

24 to the initiative throughout the preceding year; 

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1 ‘‘(6) if, based on the analysis under paragraph 

2 (5), the State determines that the program is not on 

3 track to meet the intended outcomes described in the 

4 application of the State under subsection (c)(2)(C), a 

5 description of how the State plans to meet such in6 tended outcomes; and 

7 ‘‘(7) information on the eligible institutions re8 ceiving subgrants, including how such institutions 

9 used subgrant funds to carry out the activities de10 scribed in subsection (e)(3). 

11 ‘‘(g) DEPARTMENT ACTIVITIES.— 

12 ‘‘(1) EVALUATIONS.—Beginning on the date on 

13 which funds are first allotted under subsection (b), 

14 and annually thereafter, the Secretary shall evaluate 

15 recipients of allotments and subgrants under this sec16 tion. The results of such evaluations shall be made 

17 publicly available on the website of the Department. 

18 ‘‘(2) REPORT TO CONGRESS.—Not later than 1 

19 year after the date on which funds are first allocated 

20 under subsection (b), and annually thereafter, the 

21 Secretary shall submit a report to Congress that in22 cludes— 

23 ‘‘(A) the amount of each allotment under 

24 subsection (b); 

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1 ‘‘(B) the amount of each subgrant under 

2 subsection (e); and 

3 ‘‘(C) with respect to the year for which such 

4 report is made, the results of the evaluations 

5 under paragraph (1). 

6 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— 

7 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

8 there are authorized to be appropriated to carry out 

9 this part $150,000,000 for fiscal year 2021 and each 

10 of the 5 succeeding fiscal years. 

11 ‘‘(2) ADJUSTMENT FOR INFLATION.— 

12 ‘‘(A) IN GENERAL.—The amount authorized 

13 to be appropriated under paragraph (1) for fis14 cal year 2022 and each of the 4 succeeding fiscal 

15 years shall be deemed increased by the annual 

16 adjustment percentage. 

17 ‘‘(B) DEFINITION.—In this paragraph, the 

18 term ‘annual adjustment percentage’, as applied 

19 to a fiscal year, means the estimated percentage 

20 change in the Consumer Price Index (as deter21 mined by the Secretary, using the definition in 

22 section 478(f)) for the most recent calendar year 

23 ending before the beginning of that fiscal year.’’. 

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1 TITLE VIII—ADDITIONAL 

2 PROGRAMS 

3 SEC. 8001. REPEALS. 

4 Title VIII of the Higher Education Act of 1965 (20 

5 U.S.C. 1161a et seq.) is amended by repealing the following: 

6 (1) Part A (20 U.S.C. 1161a). 

7 (2) Parts C through E (20 U.S.C. 1161c et seq.). 

8 (3) Parts H and I (20 U.S.C. 1161h et seq.). 

9 (4) Parts K through P (20 U.S.C. 1161k et seq.). 

10 (5) Part R (20 U.S.C. 1161r). 

11 (6) Parts X through Z (20 U.S.C. 1161x et seq.). 

12 SEC. 8002. RONALD V. DELLUMS MEMORIAL STEAM SCHOL13 ARS PROGRAM. 

14 Part B of title VIII of the Higher Education Act of 

15 1965 (20 U.S.C. 1161b)— 

16 (1) is redesignated as part A of such title; and 

17 (2) is amended to read as follows: 

18 ‘‘PART A—RONALD V. DELLUMS MEMORIAL 

19 STEAM SCHOLARS 

20 ‘‘SEC. 801. RONALD V. DELLUMS MEMORIAL STEAM SCHOL21 ARS PROGRAM. 

22 ‘‘(a) PROGRAM AUTHORIZED.— 

23 ‘‘(1) GRANTS FOR SCHOLARSHIPS.—The Sec24 retary shall award grants under this section to insti25 tutions of higher education (as defined in section 101) 

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1 to provide scholarships to eligible students for the 

2 purpose of enabling such students to enter into the 

3 STEAM workforce and increasing the number of 

4 underrepresented students in STEAM fields. 

5 ‘‘(2) ELIGIBLE STUDENTS.—A student is eligible 

6 for a scholarship under this section if the student— 

7 ‘‘(A) meets the requirements of section 

8 484(a); 

9 ‘‘(B) is an at least half-time student who 

10 has completed at least the first year of under11 graduate study; 

12 ‘‘(C) is enrolled in a program of under13 graduate instruction leading to a bachelor’s de14 gree at the institution with a major in a 

15 STEAM field; and 

16 ‘‘(D) has obtained a cumulative grade point 

17 average of at least a 3.0 (or the equivalent as de18 termined under regulations prescribed by the 

19 Secretary) at the end of the most recently com20 pleted term. 

21 ‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Sec22 retary shall set a priority for awarding scholarships 

23 under this section for students agreeing to work after 

24 graduation in a STEAM field. 

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1 ‘‘(4) STUDENTS FROM MINORITY-SERVING INSTI2 TUTIONS AND HISTORICALLY BLACK COLLEGES AND

3 UNIVERSITIES.—The Secretary shall ensure that not 

4 fewer than 50 percent of the scholarships awarded 

5 under this section are awarded to eligible students 

6 who attend historically Black colleges and universities 

7 and other minority-serving institutions, including 

8 Hispanic-serving institutions, Asian American and 

9 Native American Pacific Islander-serving institu10 tions, American Indian Tribally controlled colleges 

11 and universities, Alaska Native and Native Hawai12 ian-serving institutions, Predominantly Black Insti13 tutions, and Native American-serving, Nontribal in14 stitutions. 

15 ‘‘(5) AMOUNT AND DURATION OF SCHOLAR16 SHIP.—Scholarship amounts awarded under this sec17 tion shall not exceed— 

18 ‘‘(A) $10,000 per student for an academic 

19 year; and 

20 ‘‘(B) $40,000 per student in the aggregate. 

21 ‘‘(b) MATCHING REQUIREMENT.—In order to receive a 

22 grant under this section, an institution of higher education 

23 shall provide matching funds for the scholarships awarded 

24 under this section in an amount equal to 25 percent of the 

25 Federal funds received. 

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1 ‘‘(c) APPLICATION.—An institution that desires a 

2 grant under this section shall submit an application to the 

3 Secretary at such time, in such manner, and containing 

4 such information as the Secretary may require. Each appli5 cation shall include a description of how the institution will 

6 meet the matching requirement of subsection (b). 

7 ‘‘(d) REPORTS.—Not later than 2 years after the date 

8 on which the first scholarship is awarded under this section, 

9 and each academic year thereafter, the Secretary shall sub10 mit to the Congress a report containing— 

11 ‘‘(1) a description and analysis of the demo12 graphic information of students who receive scholar13 ships under this section, including information with 

14 respect to such students regarding— 

15 ‘‘(A) race; 

16 ‘‘(B) ethnicity; 

17 ‘‘(C) gender; and 

18 ‘‘(D) eligibility to receive a Pell Grant; 

19 ‘‘(2) the total number of underrepresented stu20 dents in STEAM fields who obtain a degree with 

21 scholarship funds each year; and 

22 ‘‘(3) an analysis of the effects of the program on 

23 the goals of increasing the number of underrep24 resented students in STEAM fields and the number of 

25 such students who enter into the STEAM workforce. 

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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to carry out this section 

3 $5,000,000 for fiscal year 2021 and each of the five suc4 ceeding fiscal years. 

5 ‘‘(f) DEFINITIONS.—For purposes of this section: 

6 ‘‘(1) The term ‘minority-serving institution’ 

7 means an institution eligible to receive assistance 

8 under title III or V. 

9 ‘‘(2) The term ‘STEAM’ means science, tech10 nology, engineering, arts, and mathematics. 

11 ‘‘(3) The term ‘underrepresented student in 

12 STEAM fields’ means a student who is a member of 

13 a minority group for which the number of individuals 

14 in such group who annually receive bachelor’s degrees 

15 in the STEAM fields per 10,000 individuals in such 

16 group is substantially less than the number of white, 

17 non-Hispanic individuals who annually receive bach18 elor’s degrees in the STEAM fields per 10,000 such 

19 individuals.’’. 

20 SEC. 8003. TEACH FOR AMERICA. 

21 (a) REAUTHORIZATION.—Subparagraph (C) of section 

22 806(f)(1) of the Higher Education Act of 1965 (20 U.S.C. 

23 1161f(f)(1)) is amended to read as follows: 

24 ‘‘(C) $30,000,000 for fiscal year 2021 and 

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

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1 (b) REDESIGNATION.—Part F of title VIII of the High2 er Education Act of 1965 (20 U.S.C. 1161f) is redesignated 

3 as part B of such title. 

4 SEC. 8004. PATSY T. MINK FELLOWSHIP PROGRAM. 

5 (a) REAUTHORIZATION.—Subsection (f) of section 807 

6 of the Higher Education Act of 1965 (20 U.S.C. 1161g) is 

7 amended to read as follows: 

8 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is 

9 authorized to be appropriated to carry out this section 

10 $10,000,000 for fiscal year 2021 and each of the 5 suc11 ceeding fiscal years.’’. 

12 (b) REDESIGNATIONS.— 

13 (1) PART.—Part G of title VIII of the Higher 

14 Education Act of 1965 (20 U.S.C. 1161g) is redesig15 nated as part C of such title. 

16 (2) SECTION.—Section 807 of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1161g), as amended by 

18 subsection (a), is redesignated as section 811. 

19 SEC. 8005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEER20 ING, AND MATHEMATICS EDUCATION WITH A 

21 FOCUS ON AMERICAN INDIAN, ALASKA NA22 TIVE, AND NATIVE HAWAIIAN STUDENTS. 

23 (a) IN GENERAL.—Section 819 of the Higher Edu24 cation Act of 1965 (20 U.S.C. 1161j) is amended— 

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1 (1) in the section heading, by striking ‘‘ALASKA

2 NATIVE AND NATIVE HAWAIIAN’’ and inserting 

3 ‘‘NATIVE AMERICAN’’; 

4 (2) in subsection (a)(2), by striking ‘‘Alaska Na5 tives and Native Hawaiians’’ and inserting ‘‘Amer6 ican Indians, Alaska Natives, Native Hawaiians and 

7 other Native American Pacific Islanders to enable 

8 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 (6), 

12 respectively; 

13 (B) by inserting before paragraph (2), as 

14 redesignated by subparagraph (A), the following: 

15 ‘‘(1) NATIVE AMERICAN.—The term ‘Native 

16 American’ includes Alaska Natives, American Indi17 ans, Native Hawaiians and Native American Pacific 

18 Islanders.’’; and 

19 (C) by inserting after paragraph (2), as re20 designated by subparagraph (A), the following: 

21 ‘‘(3) AMERICAN INDIAN.—The term ‘American 

22 Indian’ has the meaning given the term ‘Indian’ in 

23 section 202 of the Indian Land Consolidation Act (25 

24 U.S.C. 2201).’’; 

25 (4) in subsection (c)— 

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1 (A) by inserting ‘‘create or’’ after ‘‘to enable 

2 the eligible partnership to’’; 

3 (B) by inserting ‘‘Native American’’ after 

4 ‘‘the development of’’; and 

5 (C) by striking ‘‘, including existing pro6 grams for Alaska Native and Native Hawaiian 

7 students’’; 

8 (5) in subsection (d)— 

9 (A) in paragraph (1), by striking ‘‘Alaska 

10 Native or Native Hawaiian students’’ and in11 serting ‘‘programs that serve Native American 

12 students’’; 

13 (B) in paragraph (2), by striking ‘‘Alaska 

14 Native and Native Hawaiian students’’ and in15 serting ‘‘programs that serve Native American 

16 students’’; and 

17 (C) in paragraph (3), by striking ‘‘Alaska 

18 Native or Native Hawaiian students’’ and in19 serting ‘‘Native American students’’; 

20 (6) in subsection (f), by striking ‘‘30 percent or 

21 more of the program participants are Alaska Native 

22 or Native Hawaiian’’ and inserting ‘‘30 percent or 

23 more of the program participants are Native Amer24 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 2021 

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

6 (b) REDESIGNATIONS.— 

7 (1) PART.—Part J of title VIII of the Higher 

8 Education Act of 1965 (20 U.S.C. 1161j) is redesig9 nated as part D of such title. 

10 (2) SECTION.—Section 819 of the Higher Edu11 cation Act of 1965 (20 U.S.C. 1161j), as amended by 

12 subsection (a), is redesignated as section 816. 

13 SEC. 8006. GRANTS FOR RURAL-SERVING INSTITUTIONS OF 

14 HIGHER EDUCATION. 

15 (a) REAUTHORIZATION.—Subsection (g) of section 861 

16 of the Higher Education Act of 1965 (20 U.S.C. 1161q) is 

17 amended to read as follows: 

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 $20,000,000 for fiscal year 2021 and each of the 5 suc21 ceeding fiscal years.’’. 

22 (b) REDESIGNATIONS.— 

23 (1) PART.—Part Q of title VIII of the Higher 

24 Education Act of 1965 (20 U.S.C. 1161q) is redesig25 nated as part E of such title. 

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1 (2) SECTION.—Section 861 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1161q), as amended by 

3 subsection (a), is redesignated as section 821. 

4 SEC. 8007. TRAINING FOR REALTIME WRITERS TO PROVIDE 

5 CLOSED CAPTIONING AND COURT REPORT6 ING SERVICES. 

7 (a) REAUTHORIZATION.—Section 872(e) of the Higher 

8 Education Act of 1965 (20 U.S.C. 1161s(e)) is amended by 

9 striking ‘‘2009’’ and inserting ‘‘2021’’. 

10 (b) REDESIGNATIONS.— 

11 (1) PART.—Part S of title VIII of the Higher 

12 Education Act of 1965 (20 U.S.C. 1161s) is redesig13 nated as part F of such title. 

14 (2) SECTION.—Section 872 of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1161s), as amended by 

16 subsection (a), is redesignated as section 826. 

17 SEC. 8008. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND 

18 IMPROVE VETERAN STUDENT CENTERS. 

19 (a) IN GENERAL.—Part T of title VIII of the Higher 

20 Education Act of 1965 (20 U.S.C. 1161t)— 

21 (1) is redesignated as part G of such title; and 

22 (2) is amended to read as follows: 

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1 ‘‘PART G—GRANTS FOR VETERAN STUDENT 

2 CENTERS 

3 ‘‘SEC. 831. GRANTS FOR VETERAN STUDENT CENTERS. 

4 ‘‘(a) GRANTS AUTHORIZED.—Subject to the avail5 ability of appropriations under subsection (i), the Secretary 

6 shall award grants to institutions of higher education or 

7 consortia of institutions of higher education to assist in the 

8 establishment, maintenance, improvement, and operation of 

9 Veteran Student Centers. The Secretary shall award not 

10 more than 30 grants in a fiscal year under this section. 

11 ‘‘(b) ELIGIBILITY.— 

12 ‘‘(1) APPLICATION.—An institution or consor13 tium seeking a grant under subsection (a) shall sub14 mit to the Secretary an application at such time, in 

15 such manner, and containing such information as the 

16 Secretary may require. 

17 ‘‘(2) CRITERIA.—The Secretary may award a 

18 grant under subsection (a) to an institution or a con19 sortium if the institution or consortium meets each of 

20 the following criteria: 

21 ‘‘(A) The institution or consortium enrolls 

22 in undergraduate or graduate courses— 

23 ‘‘(i) a significant number of veteran 

24 students, members of the Armed Forces serv25 ing on active duty, and members of a re26 serve component of the Armed Forces; or 

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1 ‘‘(ii) a significant percentage of vet2 eran students, as measured by comparing 

3 the overall enrollment of the institution or 

4 consortium to the number, for the most re5 cent academic year for which data are 

6 available, of veteran students, members of 

7 the Armed Forces serving on active duty, 

8 and members of a reserve component of the 

9 Armed Forces who are enrolled in under10 graduate or graduate courses at the institu11 tion or consortium. 

12 ‘‘(B) The institution or consortium presents 

13 a sustainability plan to demonstrate that the 

14 Veteran Student Center of such institution or 

15 consortium will be maintained and will continue 

16 operations upon conclusion of the grant period 

17 under subsection (a). 

18 ‘‘(3) ADDITIONAL CRITERIA.— 

19 ‘‘(A) MANDATORY CONSIDERATIONS.—In 

20 awarding grants under subsection (a), the Sec21 retary shall consider institutions or consortia 

22 representing a broad spectrum of sectors and 

23 sizes, including institutions or consortia from 

24 urban, suburban, and rural regions of the United 

25 States. 

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1 ‘‘(B) DISCRETIONARY CRITERIA.—In 

2 awarding grants under subsection (a), the Sec3 retary may provide consideration to institutions 

4 or consortia that meet one or more of the fol5 lowing criteria: 

6 ‘‘(i) The institution or consortium is 

7 located in a region or community that has 

8 a significant population of veterans. 

9 ‘‘(ii) The institution or consortium 

10 carries out programs or activities that as11 sist veterans in the local community and 

12 the spouses of veteran students. 

13 ‘‘(iii) The institution or consortium 

14 partners in its veteran-specific program15 ming with nonprofit veteran service organi16 zations, local workforce development organi17 zations, or institutions of higher education. 

18 ‘‘(iv) The institution or consortium 

19 commits to hiring staff at the Veteran Stu20 dent Center that includes veterans (includ21 ing veteran student volunteers and veteran 

22 students participating in a Federal work23 study program under part C of title IV, a 

24 work-study program administered by the 

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1 Secretary of Veteran Affairs, or a State 

2 work-study program). 

3 ‘‘(v) The institution or consortium 

4 commits to using a portion of the grant re5 ceived under this section to develop and im6 plement an early-warning veteran student 

7 retention program designed to alert staff at 

8 the Veteran Student Center that a veteran 

9 student may be facing difficulties that could 

10 lead to the non-completion of the course of 

11 study of such veteran. 

12 ‘‘(vi) The institution or consortium 

13 commits to providing mental health coun14 seling to its veteran students and their 

15 spouses. 

16 ‘‘(vii) The institution or consortium 

17 carries out programs or activities that as18 sist individuals pursuing a course of edu19 cation using educational assistance under 

20 chapter 31 of title 38, United States Code. 

21 ‘‘(c) USE OF FUNDS.— 

22 ‘‘(1) IN GENERAL.—An institution or consortium 

23 that is awarded a grant under subsection (a) shall use 

24 such grant to establish, maintain, improve, or operate 

25 a Veteran Student Center. 

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1 ‘‘(2) OTHER ALLOWABLE USES.—An institution 

2 or consortium receiving a grant under subsection (a) 

3 may use a portion of such funds to carry out sup4 portive instruction services for student veterans, in5 cluding— 

6 ‘‘(A) assistance with special admissions and 

7 transfer of credit from previous postsecondary 

8 education or experience; and 

9 ‘‘(B) any other support services the institu10 tion or consortium determines to be necessary to 

11 ensure the success of veterans on campus in 

12 achieving education and career goals. 

13 ‘‘(d) AMOUNTS AWARDED.— 

14 ‘‘(1) DURATION.—Each grant awarded under 

15 subsection (a) shall be for a 4-year period. 

16 ‘‘(2) TOTAL AMOUNT OF GRANT AND SCHED17 ULE.—Each grant awarded under subsection (a) may 

18 not exceed a total of $500,000. The Secretary shall 

19 disburse to an institution or consortium the amounts 

20 awarded under the grant in such amounts and at 

21 such times during the grant period as the Secretary 

22 determines appropriate. 

23 ‘‘(e) REPORT.—From the amounts appropriated to 

24 carry out this section, and not later than 3 years after the 

25 date on which the first grant is awarded under subsection 

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1 (a), the Secretary shall submit to Congress a report on the 

2 grant program established under subsection (a), includ3 ing— 

4 ‘‘(1) the number of grants awarded; 

5 ‘‘(2) the institutions of higher education and 

6 consortia that have received grants; 

7 ‘‘(3) with respect to each such institution of 

8 higher education and consortium— 

9 ‘‘(A) the amounts awarded; 

10 ‘‘(B) how such institution or consortium 

11 used such amounts; 

12 ‘‘(C) a description of the students to whom 

13 services were offered as a result of the award; 

14 and 

15 ‘‘(D) data enumerating whether the use of 

16 the amounts awarded helped veteran students at 

17 the institution or consortium toward completion 

18 of a degree, certificate, or credential; 

19 ‘‘(4) best practices for veteran student success, 

20 identified by reviewing data provided by institutions 

21 and consortia that received a grant under this section; 

22 and 

23 ‘‘(5) a determination by the Secretary with re24 spect to whether the grant program under this section 

25 should be extended or expanded. 

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1 ‘‘(f) TERMINATION.—The authority of the Secretary to 

2 carry out the grant program established under subsection 

3 (a) shall terminate on the date that is 4 years after the 

4 date on which the first grant is awarded under subsection 

5 (a). 

6 ‘‘(g) DEPARTMENT OF EDUCATION BEST PRACTICES

7 WEBSITE.—Subject to the availability of appropriations 

8 under subsection (i) and not later than 3 years after the 

9 date on which the first grant is awarded under subsection 

10 (a), the Secretary shall develop and implement a website 

11 for veteran student services at institutions of higher edu12 cation, which details best practices for serving veteran stu13 dents at institutions of higher education. 

14 ‘‘(h) DEFINITIONS.—In this section: 

15 ‘‘(1) INSTITUTION OF HIGHER EDUCATION.—The 

16 term ‘institution of higher education’ has the meaning 

17 given the term in section 101. 

18 ‘‘(2) VETERAN STUDENT CENTER.—The term 

19 ‘Veteran Student Center’ means a dedicated space on 

20 a campus of an institution of higher education that 

21 provides students who are veterans or members of the 

22 Armed Forces with the following: 

23 ‘‘(A) A lounge or meeting space for such vet24 eran students, their spouses or partners, and vet25 erans in the community. 

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1 ‘‘(B) A centralized office for veteran services 

2 that— 

3 ‘‘(i) is a single point of contact to co4 ordinate comprehensive support services for 

5 veteran students; 

6 ‘‘(ii) is staffed by trained employees 

7 and volunteers, which includes veterans and 

8 at least one full-time employee or volunteer 

9 who is trained as a veterans’ benefits coun10 selor; 

11 ‘‘(iii) provides veteran students with 

12 assistance relating to— 

13 ‘‘(I) transitioning from the mili14 tary to student life; 

15 ‘‘(II) transitioning from the mili16 tary to the civilian workforce; 

17 ‘‘(III) networking with other vet18 eran students and veterans in the com19 munity; 

20 ‘‘(IV) understanding and obtain21 ing benefits provided by the institution 

22 of higher education, Federal Govern23 ment, and State for which such stu24 dents may be eligible; 

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1 ‘‘(V) understanding how to suc2 ceed in the institution of higher edu3 cation, including by understanding 

4 academic policies, the course selection 

5 process, and institutional policies and 

6 practices related to the transfer of aca7 demic credits; and 

8 ‘‘(VI) understanding their dis9 ability-related rights and protections 

10 under the Americans with Disabilities 

11 Act of 1990 (42 U.S.C. 12101 et seq.) 

12 and section 504 of the Rehabilitation 

13 Act of 1973 (29 U.S.C. 794); and 

14 ‘‘(iv) provides comprehensive academic 

15 and tutoring services for veteran students, 

16 including peer-to-peer tutoring and aca17 demic mentorship. 

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated to carry out this part 

20 $15,000,000 for fiscal year 2021 and each of the 5 suc21 ceeding fiscal years.’’. 

22 (b) CONTINUATION OF AWARDS.—An institution of 

23 higher education that received a grant under section 873 

24 of the Higher Education Act of 1965 (20 U.S.C. 1161t) be25 fore the date of enactment of this Act, as such section 873 

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1 (20 U.S.C. 1161t) was in effect on the day before the date 

2 of enactment of this Act, shall continue to receive funds in 

3 accordance with the terms and conditions of such grant. 

4 SEC. 8009. UNIVERSITY SUSTAINABILITY PROGRAM AMEND5 MENTS. 

6 (a) IN GENERAL.—Section 881 of the Higher Edu7 cation Act of 1965 (20 U.S.C. 1161u) is amended— 

8 (1) in subsection (a)— 

9 (A) by striking paragraph (1) and insert10 ing: 

11 ‘‘(1) IN GENERAL.—From the amounts appro12 priated to carry out this section, the Secretary, in 

13 consultation with the Administrator of the Environ14 mental Protection Agency, shall make grants to eligi15 ble entities to establish sustainability programs to de16 sign and implement the teaching and practice of sus17 tainability, including in the areas of staff and faculty 

18 professional development, energy management, green19 house gas emissions reductions, green building, waste 

20 management, transportation, resilience, green work21 force, and other aspects of sustainability that inte22 grate the local community with multidisciplinary 

23 academic programs and are applicable to the private 

24 and Government sectors.’’; and 

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1 (B) by striking paragraph (3)(B) and in2 serting: 

3 ‘‘(B) a nonprofit consortium, association, 

4 alliance, or collaboration operating in partner5 ship with more than one institution of higher 

6 education.’’; 

7 (2) in subsection (c)— 

8 (A) in paragraph (1)— 

9 (i) by inserting ‘‘in alignment with 

10 local community needs’’ after ‘‘following 

11 purposes’’; 

12 (ii) in subparagraph (D)— 

13 (I) by striking ‘‘establish’’ and in14 serting ‘‘scale established’’; 

15 (II) by striking ‘‘purchasing, 

16 toxics management,’’; and 

17 (III) by inserting ‘‘resilience, 

18 green workforce,’’ after ‘‘transpor19 tation,’’; and 

20 (iii) in subparagraph (G), by inserting 

21 ‘‘economics, law, political science,’’ after 

22 ‘‘business,’’; and 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘of’’ and inserting ‘‘relating to’’; and 

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1 (ii) in subparagraph (C), by inserting 

2 ‘‘city and State governments,’’ after ‘‘busi3 ness,’’; 

4 (3) in subsection (e), by striking ‘‘$250,000 or 

5 more than $2,000,000’’ and inserting ‘‘$200,000 or 

6 more than $500,000’’; and 

7 (4) in subsection (f), by striking ‘‘2009’’ and in8 serting ‘‘2021’’. 

9 (b) REDESIGNATIONS.— 

10 (1) PART.—Part U of title VIII of the Higher 

11 Education Act of 1965 (20 U.S.C. 1161u) is redesig12 nated as part H of such title. 

13 (2) SECTION.—Section 881 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1161u), as amended by 

15 subsection (a), is redesignated as section 836. 

16 SEC. 8010. MODELING AND SIMULATION. 

17 (a) REAUTHORIZATION.—Subsection (e) of section 891 

18 of the Higher Education Act of 1965 (20 U.S.C. 1161v) is 

19 amended, in the matter preceding paragraph (1), by strik20 ing the first sentence and inserting the following: ‘‘There 

21 is authorized to be appropriated to carry out this section 

22 $75,000,000 for fiscal year 2021 and each of the 5 suc23 ceeding fiscal years.’’. 

24 (b) REDESIGNATIONS.— 

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1 (1) PART.—Part V of title VIII of the Higher 

2 Education Act of 1965 (20 U.S.C. 1161v) is redesig3 nated as part I of such title. 

4 (2) SECTION.—Section 891 of the Higher Edu5 cation Act of 1965 (20 U.S.C. 1161v), as amended by 

6 subsection (a), is redesignated as section 841. 

7 SEC. 8011. PATH TO SUCCESS. 

8 (a) REAUTHORIZATION.—Section 892(g) of the Higher 

9 Education Act of 1965 (20 U.S.C. 1161w(g)) is amended 

10 by striking ‘‘2009’’ and inserting ‘‘2021’’. 

11 (b) REDESIGNATIONS.— 

12 (1) PART.—Part W of title VIII of the Higher 

13 Education Act of 1965 (20 U.S.C. 1161w) is redesig14 nated as part J of such title. 

15 (2) SECTION.—Section 892 of the Higher Edu16 cation Act of 1965 (20 U.S.C. 1161w), as amended by 

17 subsection (a), is redesignated as section 846. 

18 SEC. 8012. MANDATORY FUNDING FOR MASTERS AND 

19 POSTBACCALAUREATE PROGRAMS. 

20 (a) MASTERS DEGREE PROGRAMS.—Section 897 of the 

21 Higher Education Act of 1965 (20 U.S.C. 1161aa) is 

22 amended by striking ‘‘$11,500,000 for fiscal year 2009 and 

23 for each of the five succeeding fiscal years’’ and inserting 

24 ‘‘$13,500,000 for fiscal year 2021 and each succeeding fiscal 

25 year’’. 

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1 (b) POSTBACCALAUREATE PROGRAMS.—Section 898 of 

2 the Higher Education Act of 1965 (20 U.S.C. 1161aa–1) 

3 is amended— 

4 (1) by striking ‘‘In addition’’ and inserting ‘‘(a) 

5 ADDITIONAL APPROPRIATIONS FOR PART B OF TITLE

6 V.—In addition’’; 

7 (2) by striking ‘‘$11,500,000 for fiscal year 2009 

8 and for each of the five succeeding fiscal years’’ and 

9 inserting ‘‘$21,000,000 for fiscal year 2021 and each 

10 succeeding fiscal year’’; and 

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

12 ‘‘(b) ADDITIONAL APPROPRIATIONS FOR PART A OF

13 TITLE VII.—In addition to any amounts appropriated 

14 under subpart 5 of part A of title VII, there are authorized 

15 to be appropriated, and there are appropriated, out of any 

16 funds in the Treasury not otherwise appropriated, 

17 $13,000,000 for fiscal year 2021 and each of the 5 suc18 ceeding fiscal years to carry out subpart 5 of part A of 

19 title VII.’’. 

20 (c) REDESIGNATIONS.— 

21 (1) PART.—Part AA of title VIII of the Higher 

22 Education Act of 1965 (20 U.S.C. 1161aa) is redesig23 nated as part K of such title. 

24 (2) SECTIONS.—Sections 897 and 898 of the 

25 Higher Education Act of 1965 (20 U.S.C. 1161aa et 

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1 seq.), as amended by subsection (a), are redesignated 

2 as sections 851 and 852, respectively. 

3 SEC. 8013. FUNDS FOR ACCESS TO OPEN EDUCATIONAL RE4 SOURCES. 

5 Title VIII (20 U.S.C. 1161a et seq.) of the Higher Edu6 cation Act of 1965, as amended by the preceding provisions 

7 of this title, is further amended by adding at the end the 

8 following: 

9 ‘‘PART L—ACCESS TO OPEN EDUCATIONAL 

10 RESOURCES 

11 ‘‘SEC. 856. AFFORDABLE COLLEGE TEXTBOOKS. 

12 ‘‘(a) GRANT PROGRAM.— 

13 ‘‘(1) GRANTS AUTHORIZED.—From the amounts 

14 appropriated under paragraph (8), the Secretary 

15 shall make grants, on a competitive basis, to eligible 

16 entities to support projects that expand the use of 

17 high-quality open textbooks in order to achieve sav18 ings for students while improving instruction and 

19 student learning outcomes. 

20 ‘‘(2) APPLICATIONS.— 

21 ‘‘(A) IN GENERAL.—Each eligible entity de22 siring a grant under this subsection, after con23 sultation with relevant faculty, shall submit an 

24 application to the Secretary at such time, in 

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1 such manner, and containing such information 

2 as the Secretary may reasonably require. 

3 ‘‘(B) CONTENTS.—Each application sub4 mitted under subparagraph (A) shall include— 

5 ‘‘(i) a description of the proposed 

6 project to be completed with grant funds; 

7 ‘‘(ii) a plan for promoting and track8 ing the use of open textbooks in postsec9 ondary courses offered by the eligible entity, 

10 including an estimate of the projected sav11 ings that will be achieved for students 

12 through the use of such textbooks; 

13 ‘‘(iii) a description of how the eligible 

14 entity will evaluate whether existing open 

15 educational resources could be used or 

16 adapted into open educational resources be17 fore creating new open educational re18 sources; 

19 ‘‘(iv) a plan for quality review (includ20 ing peer review), review of accuracy, and 

21 review of accessibility of any open edu22 cational resources created or adapted 

23 through the grant; 

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1 ‘‘(v) a plan for assessing the impact of 

2 open textbooks on instruction and student 

3 learning outcomes at the eligible entity; 

4 ‘‘(vi) a plan for disseminating infor5 mation about the results of the project to in6 stitutions of higher education outside of the 

7 eligible entity, including promoting the 

8 adoption of any open textbooks created or 

9 adapted through the grant; 

10 ‘‘(vii) a statement on consultation with 

11 relevant faculty, including those engaged in 

12 the creation of open educational resources, 

13 in the development of the application; and 

14 ‘‘(viii) an assurance that open edu15 cational resources utilized, developed, or re16 searched will be available in accessible for17 mats, which may include braille, audio 

18 books, closed captioning, and audio descrip19 tions. 

20 ‘‘(3) SPECIAL CONSIDERATION.—In awarding 

21 grants under this section, the Secretary shall give spe22 cial consideration to applications that demonstrate 

23 the greatest potential to— 

24 ‘‘(A) achieve the highest level of savings for 

25 students through sustainable expanded use of 

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1 high-quality open textbooks in postsecondary 

2 courses offered by the eligible entity; 

3 ‘‘(B) achieve improvements in student 

4 learning and student outcomes; 

5 ‘‘(C) expand the use of open textbooks at in6 stitutions of higher education outside of the eligi7 ble entity; and 

8 ‘‘(D) produce— 

9 ‘‘(i) the highest quality and most acces10 sible open textbooks; 

11 ‘‘(ii) open textbooks that can be most 

12 easily utilized and adapted by faculty mem13 bers at institutions of higher education; 

14 ‘‘(iii) open textbooks that correspond to 

15 the highest enrollment courses at institu16 tions of higher education; 

17 ‘‘(iv) open textbooks created or adapted 

18 in partnership with entities, including cam19 pus bookstores, that will assist in marketing 

20 and distribution of the open textbook; and 

21 ‘‘(v) open textbooks that conform to ac22 cessibility standards under section 508 of 

23 the Rehabilitation Act of 1973 (29 U.S.C. 

24 794d). 

25 ‘‘(4) USE OF FUNDS.— 

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1 ‘‘(A) MANDATORY USES OF FUNDS.—An eli2 gible entity that receives a grant under this sec3 tion shall use the grant funds to carry out the 

4 following activities to expand the use of open 

5 textbooks: 

6 ‘‘(i) Professional development for any 

7 faculty and staff members at institutions of 

8 higher education, including the search for 

9 and review of open textbooks. 

10 ‘‘(ii) Creation or adaptation of high11 quality open educational resources that con12 form to accessibility standards under sec13 tion 508 of the Rehabilitation Act of 1973 

14 (29 U.S.C. 794d), especially open textbooks, 

15 and the quality assurance of such open edu16 cational resources. 

17 ‘‘(iii) Development or improvement of 

18 tools and informational resources that sup19 port the use of open textbooks, including im20 proving accessible instructional materials 

21 for students with disabilities that conform 

22 to accessibility standards under section 508 

23 of the Rehabilitation Act of 1973 (29 U.S.C. 

24 794d). 

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1 ‘‘(iv) Research evaluating the efficacy 

2 of the use of open textbooks for achieving 

3 savings for students and the impact on in4 struction and student learning outcomes. 

5 ‘‘(B) DISCRETIONARY USE OF FUNDS.—An 

6 eligible entity that receives a grant under this 

7 section may use grant funds to purchase or 

8 maintain electronic equipment necessary for the 

9 operation or use of digital open educational re10 sources, including mobile computer devices and 

11 accompanying hardware, software applications, 

12 computer systems and platforms, and other dig13 ital and online services and support. 

14 ‘‘(5) OPEN LICENSING REQUIREMENT.— 

15 ‘‘(A) COPYRIGHT.—An eligible entity receiv16 ing a grant under this section may, with prior 

17 approval from the Secretary, assert a copyright 

18 in a copyrightable work first produced under the 

19 grant. 

20 ‘‘(B) OPEN LICENSE REQUIREMENT.— 

21 ‘‘(i) REQUIREMENT.—With respect to 

22 each copyrightable work first produced 

23 under the grant, except as provided in 

24 clause (ii), an eligible entity that asserts a 

25 copyright under subparagraph (A) shall 

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1 provide to the public a non-exclusive, roy2 alty-free, perpetual, irrevocable, worldwide 

3 license to carry out each exclusive right pro4 vided to that eligible entity under section 

5 106 of title 17, United States Code. 

6 ‘‘(ii) EXCEPTION.—With respect to a 

7 copyrightable work first produced under the 

8 grant that employs preexisting material, the 

9 requirement described under such subpara10 graph shall apply to such work to the extent 

11 that— 

12 ‘‘(I) no copyright subsists in such 

13 preexisting material; or 

14 ‘‘(II) the eligible entity is author15 ized to license such material in the 

16 manner described under such subpara17 graph. 

18 ‘‘(C) RULE OF CONSTRUCTION.—Nothing in 

19 this subsection may be construed as affecting the 

20 application of the requirements of chapter 18 of 

21 title 35, United States Code (commonly known 

22 as the ‘Bayh-Dole Act’). 

23 ‘‘(D) COPYRIGHTABLE WORK DEFINED.—In 

24 this subsection, the term ‘copyrightable work’ 

25 means a work subject to protection under title 

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1 17, United States Code, but does not include a 

2 work that may be patentable or otherwise 

3 protectable under title 35, United States Code. 

4 ‘‘(6) ACCESS AND DISTRIBUTION.—The full and 

5 complete digital content of each educational resource 

6 created or adapted under paragraph (5) shall be 

7 made available free of charge to the public— 

8 ‘‘(A) on an easily accessible and interoper9 able website, which shall be identified to the Sec10 retary by the eligible entity; 

11 ‘‘(B) in a machine readable, digital format 

12 that anyone can directly download, edit with at13 tribution, and redistribute; and 

14 ‘‘(C) in a fully accessible format in compli15 ance with the Americans with Disabilities Act of 

16 1990 (42 U.S.C. 12101 et seq.) and section 508 

17 of the Rehabilitation Act of 1973 (29 U.S.C. 

18 794d). 

19 ‘‘(7) REPORT.—Upon an eligible entity’s comple20 tion of a project for which the eligible entity received 

21 a grant under this section, the eligible entity shall 

22 prepare and submit a report to the Secretary regard23 ing— 

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1 ‘‘(A) the effectiveness of the project in ex2 panding the use of high-quality open textbooks 

3 and in achieving savings for students; 

4 ‘‘(B) the impact of the project on expanding 

5 the use of open textbooks at institutions of higher 

6 education outside of the eligible entity; 

7 ‘‘(C) educational resources created or adapt8 ed under the grant, including instructions on 

9 where the public can access each educational re10 source under the terms of paragraphs (5) and 

11 (6); 

12 ‘‘(D) information about the quality review 

13 process that was used to ensure quality and ac14 curacy; 

15 ‘‘(E) the impact of the project on instruc16 tion and student learning outcomes; and 

17 ‘‘(F) all project costs, including the value of 

18 any volunteer labor and institutional capital 

19 used for the project. 

20 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to carry out 

22 this section $5,000,000 for fiscal year 2021 and each 

23 of the 5 succeeding fiscal years. 

24 ‘‘(b) REPORT TO CONGRESS.—Not later than 2 years 

25 after the date of enactment of College Affordability Act, the 

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1 Secretary shall prepare and submit a report to authorizing 

2 committees detailing— 

3 ‘‘(1) the high-quality open textbooks created or 

4 adapted under this section; 

5 ‘‘(2) the adoption of such open textbooks; 

6 ‘‘(3) the savings generated for students, States, 

7 territories, and the Federal Government through the 

8 use of open textbooks; and 

9 ‘‘(4) the impact of open textbooks on instruction 

10 and student learning outcomes. 

11 ‘‘(c) GAO REPORT.—Not later than 3 years after the 

12 date of enactment of College Affordability Act, the Comp13 troller General of the United States shall prepare and sub14 mit a report to the authorizing committees on the cost of 

15 textbooks to students at institutions of higher education. The 

16 report shall include— 

17 ‘‘(1) the change of the cost of textbooks between 

18 the date of the enactment of the College Affordability 

19 Act and the date of such report; 

20 ‘‘(2) the factors that have contributed to such 

21 change in the cost of textbooks, including the impact 

22 of open textbooks on the cost; 

23 ‘‘(3) the extent to which open textbooks are used 

24 at institutions of higher education compared to the 

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1 use of open textbooks before the date of the enactment 

2 of this subsection; 

3 ‘‘(4) how institutions are tracking the impact of 

4 open textbooks on instruction and student learning 

5 outcomes; 

6 ‘‘(5) the availability of accessible forms of open 

7 textbooks and the barriers faced by students with dis8 abilities in accessing accessible forms of open edu9 cational resources compared to the barriers faced in 

10 accessing traditional educational materials; and 

11 ‘‘(6) the barriers faced by other student popu12 lations, including low-income students, in accessing 

13 high-quality open educational resources compared to 

14 the barriers faced in accessing traditional educational 

15 materials. 

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

17 ‘‘(1) EDUCATIONAL RESOURCE.—The term ‘edu18 cational resource’ means a print or digital edu19 cational material that can be used in postsecondary 

20 instruction, including textbooks and other written or 

21 audiovisual works. 

22 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti23 ty’ means an institution of higher education or a con24 sortia of such institutions of higher education. 

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1 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The 

2 term ‘institution of higher education’ has the meaning 

3 given the term in section 101. 

4 ‘‘(4) OPEN EDUCATIONAL RESOURCE.—The term 

5 ‘open educational resource’ means a print or digital 

6 educational resource that either resides in the public 

7 domain or has been released under an intellectual 

8 property license that permits its free use, reuse, modi9 fication, and sharing with others. 

10 ‘‘(5) OPEN TEXTBOOK.—The term ‘open textbook’ 

11 means an open educational resource or set of open 

12 educational resources that either is a textbook or can 

13 be used in place of a textbook for a postsecondary 

14 course at an institution of higher education. 

15 ‘‘(6) RELEVANT FACULTY.—The term ‘relevant 

16 faculty’ means both tenure track and contingent fac17 ulty members who may be involved in the creation of 

18 open educational resources or the use of open edu19 cational resources created as part of the grant appli20 cation.’’. 

21 SEC. 8014. ENCOURAGING CAMPUS COMPREHENSIVE MEN22 TAL HEALTH AND SUICIDE PREVENTION 

23 PLANS. 

24 Title VIII (20 U.S.C. 1161a et seq.) of the Higher Edu25 cation Act of 1965, as amended by the preceding provisions 

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1 of this title, is further amended by adding at the end the 

2 following: 

3 ‘‘PART M—MENTAL HEALTH AND SUICIDE 

4 PREVENTION 

5 ‘‘SEC. 861. ENCOURAGING CAMPUS COMPREHENSIVE MEN6 TAL HEALTH AND SUICIDE PREVENTION 

7 PLANS. 

8 ‘‘(a) IN GENERAL.—The Secretary shall make efforts 

9 to encourage institutions of higher education to develop and 

10 implement comprehensive campus mental health and sui11 cide prevention plans. Such efforts— 

12 ‘‘(1) shall be conducted in coordination with the 

13 Secretary of Health and Human Services (acting 

14 through the Administrator of the Substance Abuse 

15 and Mental Health Services Administration); 

16 ‘‘(2) shall align with— 

17 ‘‘(A) the efforts of the Suicide Prevention 

18 Resource Center, specifically the Center’s model 

19 of nine strategies that form a comprehensive ap20 proach to suicide prevention; 

21 ‘‘(B) the 21st Century Cures Act (42 U.S.C. 

22 201 note); and 

23 ‘‘(C) the programs authorized under the 

24 Garrett Lee Smith Memorial Act (42 U.S.C. 201 

25 note; Public Law 108–355); 

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1 ‘‘(3) shall take into consideration existing State 

2 efforts to address mental health and suicide preven3 tion at institutions of higher education; and 

4 ‘‘(4) may be carried out in collaboration with 

5 nonprofit organizations and other experts and stake6 holders in the field of campus mental health and sui7 cide prevention. 

8 ‘‘(b) REPORTS.—The Secretary, or a designee of the 

9 Secretary, shall report to Congress on the efforts of the Sec10 retary carried out under this section— 

11 ‘‘(1) not later than one year after the date of en12 actment of the College Affordability Act; and 

13 ‘‘(2) three years after the date of enactment of 

14 such Act. 

15 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be 

16 construed as creating new statutory requirements for insti17 tutions of higher education or granting the Secretary new 

18 regulatory authority.’’. 

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1 TITLE IX—DIRECTIVES TO THE 

2 SECRETARY OF EDUCATION 

3 SEC. 9001. PROVIDING THAT THE SECRETARY OF EDU4 CATION MAY NOT ISSUE OR ENFORCE CER5 TAIN RULES THAT WEAKEN THE ENFORCE6 MENT OF THE PROHIBITION OF SEX DIS7 CRIMINATION APPLICABLE UNDER TITLE IX 

8 OF THE EDUCATION AMENDMENTS OF 1972. 

9 The Secretary of Education may not— 

10 (1) take any action to implement, enforce, or 

11 otherwise give effect to the proposed amendments to 

12 regulations relating to the enforcement of title IX of 

13 the Education Amendments of 1972, published on No14 vember 29, 2018, under the heading ‘‘Nondiscrimina15 tion on the Basis of Sex in Education Programs or 

16 Activities Receiving Federal Financial Assistance’’ 

17 (83 Fed. Reg. 61462); or 

18 (2) propose or issue any rule that is in substan19 tially the same form or substantially the same as any 

20 of such proposed amendments. 

21 SEC. 9002. STUDY AND REPORT ON SINGLE CERTIFICATION 

22 FORM. 

23 (a) STUDY.—Not later than 1 year after the date of 

24 the enactment of this Act, the Secretary of Education shall 

25 conduct a study on the feasibility of developing a single cerVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01144 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 tification form that borrowers may use to electronically sub2 mit information with respect to— 

3 (1) TEACH Grants under subpart 9 of part A 

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

5 U.S.C. 1070g et seq.); 

6 (2) loan forgiveness under section 428J of the 

7 Higher Education Act of 1965 (20 U.S.C. 1078–10); 

8 (3) loan cancellation under section 460 of the 

9 Higher Education Act of 1965 (20 U.S.C. 1087j); and 

10 (4) public service loan forgiveness under section 

11 455(m) of the Higher Education Act of 1965 (20 

12 U.S.C. 1087e(m)). 

13 (b) REPORT.—Not later than 1 year after the date of 

14 the enactment of this Act, the Secretary of Education shall 

15 submit a report to Congress that includes— 

16 (1) the results of the study required under sub17 section (a); and 

18 (2) recommendations with respect to using a sin19 gle certification form that borrowers may use to elec20 tronically submit information with respect to the pro21 grams specified in paragraphs (1) through (4) of such 

22 subsection. 

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1 SEC. 9003. LONGITUDINAL STUDY ON THE EFFECTIVENESS 

2 OF STUDENT LOAN COUNSELING. 

3 (a) IN GENERAL.—Not later than 1 year after the date 

4 of enactment of this Act, the Secretary of Education, acting 

5 through the Director of the Institute of Education Sciences, 

6 shall begin conducting a rigorous, longitudinal study of the 

7 impact and effectiveness of the student loan counseling— 

8 (1) provided under subsections (b), (l), and (n) 

9 of section 485 of the Higher Education Act of 1965 

10 (20 U.S.C. 1092), as amended by this Act; and 

11 (2) provided through such other means as the 

12 Secretary of Education may determine. 

13 (b) CONTENTS.— 

14 (1) BORROWER INFORMATION.—The longitudinal 

15 study carried out under subsection (a) shall include 

16 borrower information, in the aggregate and 

17 disaggregated by race, ethnicity, gender, income, sta18 tus as an individual with a disability, and status as 

19 a first generation college student (defined in section 

20 402A(h)(3)), on— 

21 (A) student persistence; 

22 (B) degree attainment; 

23 (C) program completion; 

24 (D) successful entry into student loan re25 payment; 

26 (E) cumulative borrowing levels; and 

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1 (F) such other factors as the Secretary of 

2 Education may determine. 

3 (2) EXCEPTION.—The disaggregation under 

4 paragraph (1) shall not be required in a case in 

5 which the number of borrowers in a category is insuf6 ficient to yield statistically reliable information or 

7 the results would reveal personally identifiable infor8 mation about an individual borrower. 

9 (c) INTERIM REPORTS.—Not later than 18 months 

10 after the commencement of the study under subsection (a), 

11 and annually thereafter, the Secretary of Education shall 

12 evaluate the progress of the study and report any short-term 

13 findings to the appropriate committees of Congress. 

14 SEC. 9004. STUDY AND PROCEDURES ON DETERMINING 

15 FAMILY SIZE. 

16 (a) IN GENERAL.—Not later than 1 year after the date 

17 of enactment of this Act, the Secretary of Education shall— 

18 (1) conduct, in consultation with the Secretary 

19 of the Treasury, a study which meets the specifica20 tions described in subsection (b), on the effect of using 

21 data from the Internal Revenue Service on the deduc22 tion for personal exemptions provided by section 151 

23 of the Internal Revenue Code of 1986 for a proxy for 

24 family size in an income-driven repayment plan, and 

25 publish such study in the Federal Register; 

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1 (2) use the results of the study conducted under 

2 paragraph (1) to develop procedures for determining 

3 family size for the automatic recertification of income 

4 for an income-driven repayment plan in a manner 

5 that minimizes burdens and unintended harm to bor6 rowers; 

7 (3) publish the procedures developed under para8 graph (2) in the Federal Register; and 

9 (4) after a notice and comment period on such 

10 procedures, use such comments to finalize the proce11 dures. 

12 (b) SPECIFICATIONS.—The study conducted under sub13 section (a)(1) shall— 

14 (1) determine how closely such personal exemp15 tions match the family size that borrowers report on 

16 their income-driven repayment plan request form; 

17 (2) compare the borrower’s actual monthly pay18 ment amount with the monthly payment amount bor19 rowers would have using family size information de20 rived from tax returns; and 

21 (3) use data from more than one year, where 

22 possible, to analyze how much family size changes 

23 over time. 

24 (c) DEFINITION.—The term ‘‘the income-driven repay25 ment plan’’ means a plan described in subparagraph (D) 

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1 or (E) of section 455(d)(1) of the Higher Education Act 

2 of 1965 (20 U.S.C. 1087e(d)(1)) and the income-based re3 payment plan under section 493C(f) of such Act (20 U.S.C. 

4 1098e(f)), as added by section 4631(c) of this Act. 

5 SEC. 9005. UNIVERSAL UNIQUE NUMERIC DATA IDENTIFIER. 

6 (a) ASSIGNMENT OF UNIQUE NUMERIC IDENTIFIER

7 REQUIRED.—Not later than 18 months after the date of the 

8 enactment of this Act, the Secretary of Education shall as9 sign a unique numeric identifier to at least each campus 

10 of each institution of higher education that participates in 

11 a program under title IV of the Higher Education Act of 

12 1965 (20 U.S.C. 1070 et seq.) to be used for reporting and 

13 disaggregating data for the purposes of the following: 

14 (1) Surveys conducted as a part of the Integrated 

15 Postsecondary Education Data System (IPEDS) or 

16 any other Federal postsecondary institution data col17 lection effort, as completed in accordance with section 

18 487(a)(17) of the Higher Education Act of 1965 (20 

19 U.S.C. 1094(a)(17)). 

20 (2) Reports required to be filed under section 

21 485(f) of the Higher Education Act of 1965 (20 

22 U.S.C. 1092(f)). 

23 (3) The electronic exchange of data under section 

24 485B of the Higher Education Act of 1965 (20 U.S.C. 

25 1092b). 

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1 (4) Determinations under section 496 of the 

2 Higher Education Act of 1965 (20 U.S.C. 1099b). 

3 (5) Reports filed on the College Scorecard website 

4 of the Department of Education (or any successor 

5 website). 

6 (6) Reports filed on the College Navigator 

7 website (as defined in section 132 of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1015a)). 

9 (7) Data submitted to the postsecondary student 

10 data system established under section 132(l) of the 

11 Higher Education Act of 1965 (20 U.S.C. 1015a(l)), 

12 as added by section 1022 of this Act. 

13 (8) To the extent determined to be appropriate 

14 by the Secretary, any other data systems of the De15 partment of Education that include information on 

16 institutions of higher education. 

17 (b) CONSIDERATIONS.—In carrying out subsection (a), 

18 the Secretary of Education shall— 

19 (1) consider the ability to use the unique nu20 meric identifier assigned under such subsection to— 

21 (A) disaggregate institutions of higher edu22 cation by corporate ownership; 

23 (B) identify an institution of higher edu24 cation with more than one campus; and 

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1 (C) in the case of institutions of higher edu2 cation described in subparagraph (B), distin3 guish between a campus with a specific location 

4 and a distance education program; 

5 (2) account for interactions of the unique nu6 meric identifier with requirements under title IV of 

7 the Higher Education Act (20 U.S.C. 1070 et seq.), 

8 including by preventing institutional attempts to 

9 evade such requirements by changing the unique nu10 meric identifiers associated with the campuses of the 

11 institution; 

12 (3) to the extent practicable, minimize the paper13 work burden on institutions of higher education; 

14 (4) create and make public a crosswalk indi15 cating changes in the unique numeric identifiers as16 signed by the Secretary to each campus under sub17 section (a) and the numeric identifiers used by the 

18 Department of Education prior to the date on which 

19 the Secretary assigns each campus a unique numeric 

20 identifier; and 

21 (5) annually create and make public an updated 

22 crosswalk indicating changes in unique numeric iden23 tifiers assigned to campuses, including changes that 

24 result from the establishment of new locations, the 

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1 closing of campuses, and changes in ownership and 

2 affiliation. 

3 SEC. 9006. QUESTIONS ON FOOD AND HOUSING INSECU4 RITY IN NATIONAL POSTSECONDARY STU5 DENT AID STUDY. 

6 For purposes of each National Postsecondary Student 

7 Aid Study conducted after the date of enactment of this Act, 

8 the Secretary of Education shall include questions that 

9 measure rates of food and housing insecurity in the Na10 tional Postsecondary Student Aid Study. 

11 SEC. 9007. DISAGGREGATION OF DATA USING RACIAL 

12 GROUPS. 

13 (a) STUDY REQUIRED.—Not later than 1 year after 

14 the date of the enactment of this Act, the Secretary of Edu15 cation shall carry out a study on the feasibility of 

16 disaggregating data reported under the Higher Education 

17 Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary of 

18 Education using the racial groups identified by the Amer19 ican Community Survey of the Bureau of the Census. 

20 (b) ELEMENTS.—The study required by subsection (a) 

21 shall, with respect to the data described in such sub22 section— 

23 (1) survey each method by which such data re24 ported to the Secretary of Education is disaggregated 

25 by race; 

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1 (2) survey each method by which the Secretary 

2 of Education disaggregates such data by race; and 

3 (3) in the case of such data that are reported to 

4 the Secretary of Education and are not disaggregated 

5 by race using the racial groups identified by the 

6 American Community Survey of the Bureau of the 

7 Census, examine the feasibility of disaggregating such 

8 data using such racial groups while protecting stu9 dent privacy. 

10 (c) BEST PRACTICES.—Not later than 6 months after 

11 the completion of the study required under subsection (a), 

12 the Secretary of Education shall issue best practices with 

13 respect to disaggregating data reported to the Secretary of 

14 Education using the racial groups identified by the Amer15 ican Community Survey of the Bureau of the Census. 

16 SEC. 9008. DISAGGREGATION OF DATA BY SEXUAL ORIENTA17 TION AND GENDER IDENTITY. 

18 (a) STUDY REQUIRED.—Not later than 1 year after 

19 the date of the enactment of this Act, the Secretary of Edu20 cation shall carry out a study on the options for 

21 disaggregating data reported under the Higher Education 

22 Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary of 

23 Education by sexual orientation and gender identity. 

24 (b) ELEMENTS.—The study required by subsection (a) 

25 shall— 

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1 (1) survey the methods by which institutions of 

2 higher education (as defined in section 102 of the 

3 Higher Education Act of 1965 (20 U.S.C. 1002) col4 lect, report, and use data on sexual orientation and 

5 gender identity; 

6 (2) survey each method by which the Secretary 

7 of Education disaggregates data by sexual orientation 

8 and gender identity; 

9 (3) survey the methods by which the Secretary of 

10 Education disaggregates data for other similarly-sized 

11 populations; and 

12 (4) identify options for disaggregating data re13 ported under the Higher Education Act of 1965 (20 

14 U.S.C. 1001 et seq.) by sexual orientation and gender 

15 identity while protecting student privacy. 

16 (c) BEST PRACTICES.—Not later than 6 months after 

17 the completion of the study required under subsection (a), 

18 the Secretary of Education shall issue best practices with 

19 respect to disaggregating data reported to the Secretary of 

20 Education by sexual orientation and gender identity. 

21 SEC. 9009. ACCESSIBLE INSTRUCTIONAL MATERIALS AND 

22 TECHNOLOGY. 

23 (a) ESTABLISHMENT OF COMMISSION.—The Speaker 

24 of the House of Representatives, the President pro tempore 

25 of the Senate, and the Secretary of Education shall establish 

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1 an independent commission, comprised of key stakeholders, 

2 to develop guidelines for accessible postsecondary electronic 

3 instructional materials and related technologies in order— 

4 (1) to ensure students with disabilities are af5 forded the same educational benefits provided to stu6 dents without disabilities through the use of electronic 

7 instructional materials and related technologies; 

8 (2) to improve the selection and use of such ma9 terials and technologies at institutions of higher edu10 cation; and 

11 (3) to encourage entities that produce such mate12 rials and technologies to make accessible versions 

13 more readily available in the market. 

14 (b) REVIEW.—In carrying out subsection (a), the com15 mission shall— 

16 (1) review applicable information technology ac17 cessibility standards; and 

18 (2) compile and annotate such accessibility 

19 standards as an additional information resource for 

20 institutions of higher education and companies that 

21 service the higher education market. 

22 (c) MEMBERSHIP.— 

23 (1) STAKEHOLDER GROUPS.—The commission 

24 shall be composed of representatives from the fol25 lowing categories: 

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1 (A) Communities of persons with disabil2 ities for whom the accessibility of postsecondary 

3 electronic instructional materials and related 

4 technologies is a significant factor in ensuring 

5 equal participation in higher education, and 

6 nonprofit organizations that provide accessible 

7 electronic materials to these communities. 

8 (B) Higher education leadership, including 

9 institution of higher education presidents, pro10 vosts, deans, vice presidents or deans of libraries, 

11 chief information officers, and other senior insti12 tutional executives. 

13 (C) Developers of postsecondary electronic 

14 instructional materials and manufacturers of re15 lated technologies. 

16 (2) APPOINTMENT OF MEMBERS.—The commis17 sion members shall be appointed as follows: 

18 (A) 6 members, 2 from each category de19 scribed in paragraph (1), shall be appointed by 

20 the Speaker of the House of Representatives, 3 of 

21 whom shall be appointed on the recommendation 

22 of the majority leader of the House of Represent23 atives and 3 of whom shall be appointed on the 

24 recommendation of the minority leader of the 

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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 Speaker shall also appoint 2 additional mem5 bers, 1 student with a disability and 1 faculty 

6 member from an institution of higher education. 

7 (B) 6 members, 2 from each category de8 scribed in paragraph (1), shall be appointed by 

9 the President pro tempore of the Senate, 3 of 

10 whom shall be appointed on the recommendation 

11 of the majority leader of the Senate and 3 of 

12 whom shall be appointed on the recommendation 

13 of the minority leader of the Senate, with the 

14 President pro tempore ensuring that 1 developer 

15 of postsecondary electronic instructional mate16 rials and 1 manufacturer of related technologies 

17 are appointed. The President pro tempore shall 

18 also appoint 2 additional members, 1 student 

19 with a disability and 1 faculty member from an 

20 institution of higher education. 

21 (C) 3 members, each of whom must possess 

22 extensive, demonstrated technical expertise in the 

23 development and implementation of accessible 

24 postsecondary electronic instructional materials, 

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1 cation. 1 of these members shall represent post2 secondary students with disabilities, 1 shall rep3 resent higher education leadership, and 1 shall 

4 represent developers of postsecondary electronic 

5 instructional materials. 

6 (3) ELIGIBILITY TO SERVE AS A MEMBER.—Fed7 eral employees are ineligible for appointment to the 

8 commission. An appointee to a volunteer or advisory 

9 position with a Federal agency or related advisory 

10 body may be appointed to the commission so long as 

11 his or her primary employment is with a non-Federal 

12 entity and he or she is not otherwise engaged in fi13 nancially compensated work on behalf of the Federal 

14 Government, exclusive of any standard expense reim15 bursement or grant-funded activities. 

16 (d) AUTHORITY AND ADMINISTRATION.— 

17 (1) AUTHORITY.—The commission’s execution of 

18 its duties shall be independent of the Secretary of 

19 Education, the Attorney General, and the head of any 

20 other agency or department of the Federal Govern21 ment with regulatory or standard setting authority in 

22 the areas addressed by the commission. 

23 (2) ADMINISTRATION.— 

24 (A) STAFFING.—There shall be no perma25 nent staffing for the commission. 

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1 (B) LEADERSHIP.—Commission members 

2 shall elect a chairperson from among the ap3 pointees to the commission. 

4 (C) ADMINISTRATIVE SUPPORT.—The Com5 mission shall be provided administrative sup6 port, as needed, by the Secretary of Education 

7 through the Office of Postsecondary Education of 

8 the Department of Education. 

9 (e) DUTIES.— 

10 (1) GUIDELINES.—Not later than 18 months 

11 after the date of enactment of this Act, subject to a 

12 6-month extension that it may exercise at its discre13 tion, the commission shall— 

14 (A) develop and issue guidelines for acces15 sible postsecondary electronic instructional mate16 rials, and related technologies; and 

17 (B) in developing the guidelines, the com18 mission shall— 

19 (i) establish a technical panel pursuant 

20 to paragraph (4) to support the commission 

21 in developing the guidelines; 

22 (ii) develop criteria for determining 

23 which materials and technologies constitute 

24 postsecondary electronic instructional mate25 rials and related technologies; 

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1 (iii) identify existing national and 

2 international accessibility standards that 

3 are relevant to student use of postsecondary 

4 electronic instructional materials and re5 lated technologies at institutions of higher 

6 education; 

7 (iv) identify and address any unique 

8 pedagogical and accessibility requirements 

9 of postsecondary electronic instructional 

10 materials and related technologies that are 

11 not addressed, or not adequately addressed, 

12 by the identified, relevant existing accessi13 bility standards; 

14 (v) identify those aspects of accessi15 bility, and types of postsecondary instruc16 tional materials and related technologies, 

17 for which the commission cannot produce 

18 guidelines or which cannot be addressed by 

19 existing accessibility standards due to— 

20 (I) inherent limitations of com21 mercially available technologies; or 

22 (II) the challenges posed by a spe23 cific category of disability that covers a 

24 wide spectrum of impairments and ca25 pabilities which makes it difficult to 

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1 assess the benefits from particular 

2 guidelines on a categorical basis; 

3 (vi) ensure that the guidelines are con4 sistent with the requirements of section 504 

5 of the Rehabilitation Act of 1973 (29 U.S.C. 

6 794) and titles II and III of the Americans 

7 with Disabilities Act (42 U.S.C. 12131 et 

8 seq.; 42 U.S.C. 12181 et seq.); 

9 (vii) ensure that the guidelines are 

10 consistent, to the extent feasible and appro11 priate, with the technical and functional 

12 performance criteria included in the na13 tional and international accessibility stand14 ards identified by the commission as rel15 evant to student use of postsecondary elec16 tronic instructional materials and related 

17 technologies; 

18 (viii) allow for the use of an alter19 native design or technology that results in 

20 substantially equivalent or greater accessi21 bility and usability by individuals with 

22 disabilities than would be provided by com23 pliance with the guidelines; and 

24 (ix) provide that where electronic in25 structional materials, or related techVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01161 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 nologies, that comply fully with the guide2 lines are not commercially available, or 

3 where such compliance is not technically 

4 feasible, the institution may select the prod5 uct that best meets the guidelines consistent 

6 with the institution’s business and peda7 gogical needs. 

8 (2) ANNOTATED LIST OF INFORMATION TECH9 NOLOGY STANDARDS.—Not later than 18 months after 

10 the date of the enactment of this Act, subject to a 6- 

11 month extension that it may exercise at its discretion, 

12 the commission established in section 2 shall, with the 

13 assistance of the technical panel established under 

14 paragraph (4), develop and issue an annotated list of 

15 information technology standards. 

16 (3) APPROVAL.—Issuance of the guidelines and 

17 annotated list of information technology standards 

18 shall require approval of at least 75 percent of the 

19 members of the commission. 

20 (4) TECHNICAL PANEL.—Not later than 1 month 

21 after first meeting, the Commission shall appoint and 

22 convene a panel of 12 technical experts, each of whom 

23 shall have extensive, demonstrated technical experi24 ence in developing, researching, or implementing ac25 cessible postsecondary electronic instructional mateVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01162 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 rials, or related technologies. The commission has dis2 cretion to determine a process for nominating, vet3 ting, and confirming a panel of experts that fairly 

4 represents the stakeholder communities on the com5 mission. The technical panel shall include a rep6 resentative from the United States Access Board. 

7 (f) REVIEW OF GUIDELINES.—Not later than 5 years 

8 after issuance of the guidelines and annotated list of infor9 mation technology standards described in subsections (a) 

10 and (b), and every 5 years thereafter, the Secretary of Edu11 cation shall publish a notice in the Federal Register request12 ing public comment about whether there is a need to recon13 stitute the commission to update the guidelines and anno14 tated list of information technology standards to reflect 

15 technological advances, changes in postsecondary electronic 

16 instructional materials and related technologies, or updated 

17 national and international accessibility standards. The 

18 Secretary shall then submit a report and recommendation 

19 to Congress regarding whether the Commission should be 

20 reconstituted. 

21 (g) RULE OF APPLICATION.— 

22 (1) NONCONFORMING POSTSECONDARY ELEC23 TRONIC INSTRUCTIONAL MATERIALS OR RELATED

24 TECHNOLOGIES.—Nothing in this section shall be con25 strued to require an institution of higher education to 

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1 require, provide, or both recommend and provide, 

2 postsecondary electronic instructional materials or re3 lated technologies that conform to the guidelines. 

4 However, an institution that selects or uses noncon5 forming postsecondary electronic instructional mate6 rials or related technologies must otherwise comply 

7 with existing obligations under section 504 of the Re8 habilitation Act of 1973 (29 U.S.C. 794) and titles II 

9 and III of the Americans with Disabilities Act (42 

10 U.S.C. 12131 et seq.; 42 U.S.C. 12181 et seq.) to pro11 vide access to the educational benefit afforded by such 

12 materials and technologies through provision of ap13 propriate and reasonable modification, accommoda14 tion, and auxiliary aids or services. 

15 (2) RELATIONSHIP TO EXISTING LAWS AND REG16 ULATIONS.—With respect to the Americans with Dis17 abilities Act of 1990 (42 U.S.C. 12101 et seq.) and the 

18 Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), 

19 nothing in this Act may be construed— 

20 (A) to authorize or require conduct prohib21 ited under the Americans with Disabilities Act of 

22 1990 and the Rehabilitation Act of 1973, includ23 ing the regulations issued pursuant to those 

24 laws; 

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1 (B) to expand, limit, or alter the remedies 

2 or defenses under the Americans with Disabil3 ities Act of 1990 and the Rehabilitation Act of 

4 1973; 

5 (C) to supersede, restrict, or limit the appli6 cation of the Americans with Disabilities Act of 

7 1990 and the Rehabilitation Act of 1973; or 

8 (D) to limit the authority of Federal agen9 cies to issue regulations pursuant to the Ameri10 cans with Disabilities Act of 1990 and the Reha11 bilitation Act of 1973. 

12 (h) DEFINITIONS.—In this section: 

13 (1) ANNOTATED LIST OF INFORMATION TECH14 NOLOGY STANDARDS.—The term ‘‘annotated list of in15 formation technology standards’’ means a list of exist16 ing national and international accessibility standards 

17 relevant to student use of postsecondary electronic in18 structional materials and related technologies, and to 

19 other types of information technology common to in20 stitutions of higher education, such as institutional 

21 websites or registration systems, annotated by the 

22 commission established pursuant to this section. The 

23 annotated list of information technology standards is 

24 intended to serve solely as a reference tool to inform 

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1 any consideration of the relevance of such standards 

2 in higher education contexts. 

3 (2) POSTSECONDARY ELECTRONIC INSTRUC4 TIONAL MATERIALS.—The term ‘‘postsecondary elec5 tronic instructional materials’’ means digital cur6 ricular content that is required, provided, or both rec7 ommended and provided by an institution of higher 

8 education for use in a postsecondary instructional 

9 program. 

10 (3) RELATED TECHNOLOGIES.—The term ‘‘re11 lated technologies’’ refers to any software, applica12 tions, learning management or content management 

13 systems, and hardware that an institution of higher 

14 education requires, provides, or both recommends and 

15 provides for student access to and use of postsec16 ondary electronic instructional materials in a postsec17 ondary instructional program. 

18 (4) TECHNICAL PANEL.—The term ‘‘technical 

19 panel’’ means a group of experts with extensive, dem20 onstrated technical experience in the development and 

21 implementation of accessibility features for postsec22 ondary electronic instructional materials and related 

23 technologies, established by the Commission pursuant 

24 to subsection (e)(4), which will assist the commission 

25 in the development of the guidelines and annotated 

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1 list of information technology standards authorized 

2 under this section. 

3 SEC. 9010. SERVING AND SUPPORTING STUDENTS WITH 

4 MENTAL HEALTH DISABILITIES IN INSTITU5 TIONS OF HIGHER EDUCATION. 

6 (a) FINDINGS AND PURPOSES.— 

7 (1) FINDINGS.—Congress finds the following: 

8 (A) More than 75 percent of mental health 

9 conditions begin before the age of 24. 

10 (B) More than 25 percent of students be11 tween the ages of 18 and 24 reported a mental 

12 health concern. 

13 (C) More than 50 percent of students be14 tween the ages of 18 and 24 reported having a 

15 severe psychological problem. 

16 (D) More than 50 percent of students be17 tween the ages of 18 and 24 reported feelings of 

18 hopelessness. 

19 (E) Higher education counseling centers are 

20 devoting more time to rapid-response treatment 

21 with more than 25 percent of students who 

22 sought help reporting they had intentionally hurt 

23 themselves. 

24 (F) Over a 5-year period, counseling center 

25 utilization increased by an average of 30 to 40 

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1 percent, while enrollment increased by only 5 

2 percent, forcing institutions to stretch mental 

3 health services to more students without increas4 ing resources. 

5 (2) PURPOSES.—The purposes of this section are 

6 the following: 

7 (A) To ensure States and institutions of 

8 higher education are provided with accurate in9 formation on the mental health concerns facing 

10 students. 

11 (B) To provide detailed recommendations 

12 that institutions of higher education, States, and 

13 the Federal Government can take to improve the 

14 mental health services available to students and 

15 properly treat the rising number of students with 

16 mental health issues. 

17 (b) ADVISORY COMMISSION ON SERVING AND SUP18 PORTING STUDENTS WITH MENTAL HEALTH DISABILITIES

19 IN INSTITUTIONS OF HIGHER EDUCATION.— 

20 (1) IN GENERAL.—The Secretary of Education 

21 shall establish a commission to be known as the Advi22 sory Commission on Serving and Supporting Stu23 dents with Mental Health Disabilities in Institutions 

24 of Higher Education (referred to in this section as the 

25 ‘‘Commission’’). 

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1 (2) MEMBERSHIP.— 

2 (A) TOTAL NUMBER OF MEMBERS.—The 

3 Commission shall include not more than 20 

4 members, who shall be appointed by the Sec5 retary of Education in accordance with subpara6 graphs (B) and (C). 

7 (B) MEMBERS OF THE COMMISSION.—The 

8 Commission shall include 1 representative from 

9 each of the following: 

10 (i) The Office of Postsecondary Edu11 cation of the Department of Education. 

12 (ii) The Office of Special Education 

13 and Rehabilitation Services of the Depart14 ment of Education. 

15 (iii) The Office of Civil Rights of the 

16 Department of Education. 

17 (iv) The Office of Civil Rights of the 

18 Department of Justice. 

19 (v) The National Council on Dis20 ability. 

21 (vi) A membership association for ad22 ministrative and personnel professionals fo23 cused on creating an inclusive higher edu24 cation environment for individuals with 

25 disabilities, as determined by the Secretary. 

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1 (vii) An organization that represents 

2 the Protection and Advocacy for Individuals 

3 with Mental Illness program, as determined 

4 by the Secretary. 

5 (viii) An organization operated by and 

6 representing secondary and postsecondary 

7 education students with mental health dis8 abilities advocating for mental health serv9 ices and suicide prevention. 

10 (ix) An organization representing col11 lege and university counseling directors. 

12 (C) ADDITIONAL MEMBERS OF THE COMMIS13 SION.—In addition to the members included 

14 under subparagraph (B), the Commission shall 

15 include the following: 

16 (i) Four members from leadership of 

17 institutions of higher education who have 

18 demonstrated experience in successfully sup19 porting the retention and graduation of stu20 dents with mental health disabilities, in21 cluding from counseling and psychiatric 

22 services staff. With respect to such 4 mem23 bers, 1 member shall be a staff member of 

24 a 2-year degree-granting institution of high25 er education, 1 member shall be a staff 

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1 member from a 4-year degree-granting in2 stitution of higher education, 1 member 

3 shall be a member of campus law enforce4 ment, and 1 member shall serve as a general 

5 counsel. Such 4 members shall represent in6 stitutions of differing sizes. 

7 (ii) Three members from family mem8 bers of individuals who are— 

9 (I) enrolled in an institution of 

10 higher education on the date such fam11 ily member is appointed to the Com12 mission; or 

13 (II) former students with a men14 tal health disability. 

15 (iii) Four members from individuals 

16 with mental health disabilities, including 

17 not less than 2 individuals enrolled in an 

18 institution of higher education on the date 

19 of appointment to the Commission. Any re20 maining member shall be an individual 

21 with a mental health disability who has at22 tended an institution of higher education. 

23 (D) TIMING.—The Secretary of Education 

24 shall establish the Commission and appoint the 

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1 members of the Commission not later than 60 

2 days after the date of enactment of this Act. 

3 (3) CHAIRPERSON AND VICE CHAIRPERSON.—The 

4 Commission shall select a chairperson and vice chair5 person from among the members of the Commission. 

6 Either the chairperson or the vice chairperson shall be 

7 a student or former student with a mental health dis8 ability. 

9 (4) MEETINGS.— 

10 (A) IN GENERAL.—The Commission shall 

11 meet at the call of the chairperson, but not less 

12 often than 8 times. 

13 (B) FIRST MEETING.—Not later than 60 

14 days after the appointment of the members of the 

15 Commission under paragraph (2), the Commis16 sion shall hold the Commission’s first meeting. 

17 (5) DUTIES.—The Commission shall conduct a 

18 study, using the highest quality and most representa19 tive data and research available, and prepare a re20 port for the Secretary of Education that includes the 

21 following: 

22 (A) Findings from stakeholders, including 

23 through solicitation of public testimony, related 

24 to the challenges faced by students with mental 

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1 health disabilities in institutions of higher edu2 cation, including— 

3 (i) the services available to students 

4 with mental health disabilities in institu5 tions of higher education and their effective6 ness in supporting these students; 

7 (ii) the impact of policies and proce8 dures that help or hinder the goal of pro9 viding equal opportunity for students with 

10 mental health disabilities, such as reason11 able accommodation policies, mandatory 

12 and voluntary leave policies, and discipli13 nary policies; 

14 (iii) the use of protected health infor15 mation of students with mental health dis16 abilities by institutions of higher education, 

17 including the extent to which campus-based 

18 mental health providers share this informa19 tion with college or university officials 

20 without student consent; and 

21 (iv) the impact of providing mental 

22 health services on a student’s academic per23 formance, well-being, and ability to com24 plete college. 

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1 (B) Conclusions on the major challenges fac2 ing students with mental health disabilities in 

3 institutions of higher education. 

4 (C) Recommendations to improve the over5 all education, and retention and graduation 

6 rates, of students with mental health disabilities 

7 in institutions of higher education, with the goal 

8 of helping these students access educational op9 portunities equal to those of their peers without 

10 disabilities. 

11 (6) COMMISSION PERSONNEL MATTERS.— 

12 (A) TRAVEL EXPENSES.—The members of 

13 the Commission shall not receive compensation 

14 for the performance of services for the Commis15 sion, but shall be allowed reasonable travel ex16 penses, including per diem in lieu of subsistence, 

17 at rates authorized for employees of agencies 

18 under subchapter I of chapter 57 of title 5, 

19 United States Code, while away from their 

20 homes or regular places of business in the per21 formance of services for the Commission. Not22 withstanding section 1342 of title 31, United 

23 States Code, the Secretary of Education may ac24 cept the voluntary and uncompensated services of 

25 members of the Commission. 

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1 (B) STAFF.—The Secretary of Education 

2 may designate such personnel as may be nec3 essary to enable the Commission to perform its 

4 duties. 

5 (C) DETAIL OF GOVERNMENT EMPLOY6 EES.—Any Federal Government employee, with 

7 the approval of the head of the appropriate Fed8 eral agency, may be detailed to the Commission 

9 without reimbursement, and such detail shall be 

10 without interruption of loss of civil service status 

11 or privilege. 

12 (D) FACILITIES, EQUIPMENT, AND SERV13 ICES.—The Secretary of Education shall make 

14 available to the Commission, under such ar15 rangements as may be appropriate, necessary 

16 equipment, supplies, and services. 

17 (7) REPORTS.— 

18 (A) INTERIM AND FINAL REPORTS.—The 

19 Commission shall prepare and submit to the Sec20 retary of Education, as well as the Committee on 

21 Health, Education, Labor, and Pensions of the 

22 Senate and the Committee on Education and 

23 Labor of the House of Representatives— 

24 (i) an interim report that summarizes 

25 the progress of the Commission, along with 

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1 any interim findings, conclusions, and rec2 ommendations as described in paragraph 

3 (5); and 

4 (ii) a final report that states final 

5 findings, conclusions, and recommendations 

6 as described in such paragraph. 

7 (B) PREPARATION AND SUBMISSION.—The 

8 reports described in subparagraph (A) shall be 

9 prepared and submitted— 

10 (i) in the case of the interim report, 

11 not later than 1 year after the date on 

12 which all the members of the Commission 

13 are appointed; and 

14 (ii) in the case of the final report, not 

15 later than 2 years after the date on which 

16 all the members of the Commission are ap17 pointed. 

18 (8) TERMINATION.—The Commission shall ter19 minate on the day after the date on which the Com20 mission submits the final report under paragraph (7). 

21 (c) GAO STUDY.—The Comptroller General of the 

22 United States shall submit to Congress a report that exam23 ines the challenges faced by students with mental health dis24 abilities in institutions of higher education, including— 

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1 (1) the services available to students with mental 

2 health disabilities in institutions of higher education 

3 and what is known about their effectiveness in sup4 porting these students; 

5 (2) the impact of policies and procedures that 

6 help or hinder the goal of providing equal oppor7 tunity for students with mental health disabilities, 

8 such as reasonable accommodation policies, manda9 tory and voluntary leave policies, and disciplinary 

10 policies; 

11 (3) the use of protected health information of stu12 dents with mental health disabilities by institutions 

13 of higher education, including campus-based mental 

14 health providers sharing this information with college 

15 or university officials without student consent; 

16 (4) the impact of providing mental health serv17 ices on a student’s academic performance, well-being, 

18 and ability to complete college; 

19 (5) information on the major challenges facing 

20 students with mental health disabilities in institu21 tions of higher education; and 

22 (6) recommendations to improve the overall edu23 cation, and retention and graduation rates, of stu24 dents with mental health disabilities in institutions of 

25 higher education, with the goal of helping these stuVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01177 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 dents access educational opportunities equal to those 

2 of their peers without disabilities. 

3 SEC. 9011. FEDERAL STUDENT LOAN CANCELLATION COM4 MISSION. 

5 (a) PURPOSE.—The purpose of this section is to estab6 lish a commission to study— 

7 (1) the impact of Federal student loan debt on 

8 the short- and long-term socioeconomic outcomes of— 

9 (A) individual borrowers; and 

10 (B) regional and national economies; 

11 (2) the feasibility of canceling Federal student 

12 loan debt; and 

13 (3) the benefits of any such cancellation. 

14 (b) ESTABLISHMENT.—There is established the Com15 mission on Federal Student Loan Cancellation (hereinafter 

16 in this section referred to as the ‘‘Commission’’). 

17 (c) DUTIES.—The Commission shall perform the fol18 lowing duties: 

19 (1) Study the decline in State investment in, 

20 and the attendant rise in debt financing for, higher 

21 education from 1965 to the date of enactment of this 

22 Act. 

23 (2) Identify, compile, and synthesize the relevant 

24 corpus of evidentiary documentation on Federal stuVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01178 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 dent loans and the impact of those loans on bor2 rowers, disaggregated by— 

3 (A) Pell Grant recipient status; 

4 (B) race or ethnicity (in accordance with 

5 section 153(a)(3)(B) of the Education Sciences 

6 Reform Act (20 U.S.C. 9543(a)(3)(B)), as 

7 amended by section 10401 of this Act); 

8 (C) completion and non-completion of each 

9 category of educational programs (as defined in 

10 section 435(a)(9)(E) of the Higher Education 

11 Act of 1965, as added by section 4110(a)(1)(B) 

12 of this Act); and 

13 (D) post-graduation employment informa14 tion. 

15 (3) Analyze evidentiary data on the following re16 lationships: 

17 (A) The macroeconomic impacts of partial 

18 and total student debt cancellation. 

19 (B) The impact of student loan default on 

20 long-term financial success and security. 

21 (C) The impact of partial and total student 

22 debt cancellation on income inequality, includ23 ing the racial wealth gap. 

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1 (D) The impact of the income inequality 

2 and the racial wealth gap on student debt repay3 ment. 

4 (4) Study proposals to cancel Federal student 

5 loan debt in consideration of the Commission’s find6 ings under paragraph (3). 

7 (5) Study the feasibility of establishing a Federal 

8 student loan cancellation program. 

9 (d) REPORT.— 

10 (1) IN GENERAL.—Not later than 24 months 

11 after the date on which the last member of the Com12 mission is appointed, the Commission shall submit to 

13 the Congress a report containing the data collected 

14 and analyzed under paragraphs (1) through (3) of 

15 subsection (c) and recommendations to create a Fed16 eral student loan cancellation program in consider17 ation of the Commission’s findings under subsection 

18 (c)(3). 

19 (2) SPECIFIC QUESTIONS.—In making rec20 ommendations under paragraph (1), the Commission 

21 shall address, among other issues, the following: 

22 (A) Whether any borrowers should be 

23 prioritized in loan cancellation and a rationale 

24 for any such prioritization. 

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1 (B) How such recommendations and the 

2 proposed loan cancellation program take into 

3 consideration the wealth disparities faced by ra4 cial groups. 

5 (C) How the proposed cancellation program 

6 interacts with existing student loan cancellation 

7 programs and policies. 

8 (D) How the proposed cancellation program 

9 protects future students from facing the same 

10 debt burden. 

11 (E) How the proposed cancellation program 

12 should be funded and implemented. 

13 (e) MEMBERSHIP.— 

14 (1) NUMBER AND APPOINTMENT.—The Commis15 sion shall be composed of 13 members, who shall be 

16 appointed, not later 180 days after the date of enact17 ment of this Act, as follows: 

18 (A) One member shall be appointed by the 

19 President. 

20 (B) Four members shall be appointed by the 

21 Speaker of the House of Representatives. 

22 (C) Four members shall be appointed by the 

23 President pro tempore of the Senate. 

24 (D) Four members shall be appointed by the 

25 Secretary of Education. 

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1 (2) COMPOSITION.—All members of the Commis2 sion shall be individuals who are qualified to serve on 

3 the Commission by virtue of their expertise in Federal 

4 student aid and student loan debt. The Commission 

5 shall be composed, at a minimum, of Department of 

6 Education officials, academic researchers, consumer 

7 advocates, and an impacted individual. 

8 (f) TERMS.—The term of office for members shall be 

9 for the life of the Commission. A vacancy in the Commis10 sion shall not affect the powers of the Commission and shall 

11 be filled in the same manner in which the original appoint12 ment was made. 

13 (g) CHAIR AND VICE CHAIR.—The Commission shall 

14 elect a Chair and Vice Chair from among its members. The 

15 term of office of each shall be for the life of the Commission. 

16 (h) COMPENSATION.—Each member of the Commission 

17 shall serve without compensation. All members of the Com18 mission shall be reimbursed for travel, subsistence, and 

19 other necessary expenses incurred by them in the perform20 ance of their duties to the extent authorized by chapter 57 

21 of title 5, United States Code. 

22 (i) POWERS OF THE COMMISSION.— 

23 (1) HEARINGS AND SESSIONS.—The Commission 

24 may, for the purpose of carrying out the provisions 

25 of this section, hold such hearings and sit and act at 

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1 such times and at such places in the United States, 

2 and request the attendance and testimony of such wit3 nesses and the production of such books, records, cor4 respondence, memoranda, papers, and documents, as 

5 the Commission considers appropriate. 

6 (2) POWERS OF SUBCOMMITTEES AND MEM7 BERS.—Any subcommittee or member of the Commis8 sion may, if authorized by the Commission, take any 

9 action which the Commission is authorized to take by 

10 this section. 

11 (3) OBTAINING OFFICIAL DATA.—The Commis12 sion may acquire directly from the Secretary of Edu13 cation available information which the Commission 

14 considers useful in the discharge of its duties. The 

15 Secretary of Education shall cooperate with the Com16 mission with respect to such information and shall 

17 furnish all information requested by the Commission 

18 to the extent permitted by law. 

19 (j) TERMINATION.—The Commission shall terminate 

20 90 days after the date on which the Commission submits 

21 its report to the Congress under subsection (d). 

22 SEC. 9012. DISTRIBUTION OF RESOURCES TO PREVENT IN23 CIDENTS OF BIAS ON CAMPUS. 

24 Not later that 1 year after the date of enactment of 

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1 cation shall, in consultation with the Attorney General, dis2 seminate to institutions of higher education resources (in3 cluding best practices information) about preventing and 

4 responding to incidents of bias, including bias based on ac5 tual or perceived race, color, religion, national origin, sex 

6 (including sexual orientation, gender identity, pregnancy, 

7 childbirth, a medical condition related to pregnancy or 

8 childbirth, and sex stereotype), or disability, at institutions 

9 of higher education (including elements of institutional 

10 policies that have proven successful). 

11 SEC. 9013. GAO STUDY ON RACIAL AND SOCIOECONOMIC 

12 EQUITY GAPS AT PUBLIC 4-YEAR INSTITU13 TIONS. 

14 (a) REPORT.—The Comptroller General shall prepare 

15 and submit a report to the authorizing committees that ex16 amines— 

17 (1) racial and socioeconomic equity gaps among 

18 racial and income groups in enrollment, degree at19 tainment, and Federal student loan repayment rates, 

20 and other outcomes at public 4-year degree granting 

21 institutions of higher education, disaggregated by 

22 State; 

23 (2) the extent to which the rates and other out24 comes described in paragraph (1) have changed over 

25 time; 

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1 (3) the factors that may contribute to differences 

2 in the rates and other outcomes described in para3 graph (1) among racial and income groups (such as 

4 State spending on public, 4-year institutions of high5 er education, the availability of Federal and State fi6 nancial aid, and FAFSA filing rates); 

7 (4) efforts by States and institutions of higher 

8 education to attempt to close racial and income gaps 

9 in the rates and other outcomes described in para10 graph (1); 

11 (5) the racial breakdown of faculty and staff at 

12 public 4-year institutions of higher education and 

13 how retention rates for minority faculty and staff 

14 compare to non-minority faculty and staff; and 

15 (6) efforts by States and institutions of higher 

16 education to attempt to improve inclusion for stu17 dents belonging to racial and income groups that are 

18 historically underrepresented in higher education. 

19 (b) DEFINITIONS.—In this section— 

20 (1) INSTITUTION OF HIGHER EDUCATION.—The 

21 term ‘‘institution of higher education’’ has the mean22 ing given the term in section 101 of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1001). 

24 (2) AUTHORIZING COMMITTEES; STATES.—The 

25 terms ‘‘authorizing committees’’ and ‘‘State’’ have the 

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1 meanings given the terms in section 103 of the Higher 

2 Education Act of 1965 (20 U.S.C. 1003). 

3 SEC. 9014. GAO STUDY ON LICENSE REVOCATIONS RELATED 

4 TO STUDENT LOAN DEFAULTS. 

5 (a) IN GENERAL.—The Comptroller General of the 

6 United States shall conduct a study on State practices re7 lated to the denial, suspension, or revocation of an individ8 ual’s professional or driver’s license as a penalty for student 

9 loan default. 

10 (b) CONTENTS.—The study shall include a review of— 

11 (1) State laws related to the denial, suspension, 

12 or revocation of a professional or driver’s license as 

13 a penalty for student loan default, and the types of 

14 licenses included in such laws; 

15 (2) the extent to which student loan borrowers 

16 are affected by such license denials, suspensions, or 

17 revocations; and 

18 (3) the actual and potential consequences of such 

19 actions on Federal student loan borrowers. 

20 (c) REPORT.—The Comptroller General shall submit 

21 a report to the Committee on Education and Labor of the 

22 House of Representatives and the Committee on Health, 

23 Education, Labor, and Pensions of the Senate containing 

24 the results of the study, together with any recommendations 

25 the Comptroller General determines appropriate. 

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1 (d) OUTREACH.—In conducting the study, the Comp2 troller General shall seek information from State or local 

3 licensing boards and other entities administering State 

4 laws pertaining to the denial, suspension, or revocation of 

5 a professional or driver’s license as a penalty for student 

6 loan default, and other nonprofit entities that have re7 searched issues pertaining to State licensure. 

8 TITLE X—AMENDMENTS TO 

9 OTHER LAWS 

10 PART A—EDUCATION OF THE DEAF ACT OF 1986 

11 SEC. 10001. COMPOSITION OF BOARD OF TRUSTEES. 

12 Section 103(a)(1) of the Education of the Deaf Act of 

13 1986 (20 U.S.C. 4303(a)(1)) is amended— 

14 (1) by striking ‘‘twenty-one’’ and inserting 

15 ‘‘twenty-three’’; 

16 (2) in subparagraph (A)— 

17 (A) by striking ‘‘three’’ and inserting 

18 ‘‘four’’; and 

19 (B) in clause (i)— 

20 (i) by striking ‘‘one’’ and inserting 

21 ‘‘two’’; and 

22 (ii) by striking ‘‘Senator’’ and insert23 ing ‘‘Senators’’; and 

24 (3) in subparagraph (B), by striking ‘‘eighteen’’ 

25 and inserting ‘‘nineteen’’. 

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1 SEC. 10002. ADMINISTRATIVE REQUIREMENTS OF LAURENT 

2 CLERC NATIONAL DEAF EDUCATION CENTER. 

3 Section 104(b)(5) of the Education of the Deaf Act of 

4 1986 (20 U.S.C. 4304(b)(5)) is amended to read as follows: 

5 ‘‘(5) The University, for purposes of the elemen6 tary and secondary education programs carried out 

7 by the Clerc Center, shall— 

8 ‘‘(A)(i)(I) provide an assurance to the Sec9 retary that the University has adopted and is 

10 implementing challenging State academic stand11 ards that meet the requirements of section 

12 1111(b)(1) of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6311(b)(1)); 

14 ‘‘(II) demonstrate to the Secretary that the 

15 University is implementing a set of high-quality 

16 student academic assessments in mathematics, 

17 reading or language arts, and science, and any 

18 other subjects chosen by the University, that meet 

19 the requirements of section 1111(b)(2) of such 

20 Act (20 U.S.C. 6311(b)(2)); and 

21 ‘‘(III) demonstrate to the Secretary that the 

22 University is implementing an accountability 

23 system consistent with section 1111(c) of such 

24 Act (20 U.S.C. 6311(c)); or 

25 ‘‘(ii)(I) select the challenging State aca26 demic standards and State academic assessments 

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1 of a State, adopted and implemented, as appro2 priate, pursuant to paragraphs (1) and (2) of 

3 section 1111(b) of such Act (20 U.S.C. 6311(b)); 

4 and 

5 ‘‘(II) adopt the accountability system, con6 sistent with section 1111(c) of such Act (20 

7 U.S.C. 6311(c)), of such State; and 

8 ‘‘(B) publicly report, except in a case in 

9 which such reporting would not yield statis10 tically reliable information or would reveal per11 sonally identifiable information about an indi12 vidual student— 

13 ‘‘(i) the results of the academic assess14 ments implemented under subparagraph 

15 (A); and 

16 ‘‘(ii) the results of the annual evalua17 tion of the programs at the Clerc Center, as 

18 determined using the accountability system 

19 adopted under subparagraph (A).’’. 

20 SEC. 10003. FEDERAL ENDOWMENT PROGRAMS FOR GAL21 LAUDET UNIVERSITY AND THE NATIONAL 

22 TECHNICAL INSTITUTE FOR THE DEAF. 

23 Section 207 of the Education of the Deaf Act of 1986 

24 (20 U.S.C. 4357) is amended— 

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1 (1) in subsection (e), by striking ‘‘(and its non2 Federal match)’’; and 

3 (2) in subsection (g)(1), by striking ‘‘amounts 

4 contributed to the fund from non-Federal sources, 

5 and’’ and inserting ‘‘and the related’’. 

6 PART B—TRIBALLY CONTROLLED COLLEGES AND 

7 UNIVERSITIES ASSISTANCE ACT OF 1978 

8 SEC. 10101. TRIBALLY CONTROLLED COLLEGES AND UNI9 VERSITIES ASSISTANCE ACT OF 1978. 

10 (a) DEFINITIONS.—Section 2 of the Tribally Con11 trolled Colleges and Universities Assistance Act of 1978 (25 

12 U.S.C. 1801) is amended— 

13 (1) in subsection (a)— 

14 (A) in paragraph (4), by striking ‘‘or has 

15 been formally’’ and inserting ‘‘and has been for16 mally’’; 

17 (B) in paragraph (7), by adding ‘‘and’’ at 

18 the end; 

19 (C) in paragraph (8), by striking ‘‘; and’’ 

20 and inserting a period; and 

21 (D) by striking paragraph (9); and 

22 (2) in subsection (b)— 

23 (A) by amending paragraph (1) to read as 

24 follows: 

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1 ‘‘(1) Such number shall be calculated based on 

2 the number of Indian students who are enrolled— 

3 ‘‘(A) at the conclusion of the third week of 

4 each academic term; or 

5 ‘‘(B) on the fifth day of a shortened pro6 gram beginning after the conclusion of the third 

7 full week of an academic term.’’; 

8 (B) in paragraph (3), by striking ‘‘for pur9 poses of obtaining’’ and inserting ‘‘solely for the 

10 purpose of obtaining’’; 

11 (C) in paragraph (4)— 

12 (i) by striking ‘‘students’’ and insert13 ing ‘‘individuals 16 years of age or older’’; 

14 and 

15 (ii) by striking ‘‘credit hours.’’ and in16 serting ‘‘credit hours, except that the provi17 sions of paragraphs (1) and (3) shall not 

18 apply to any determination under this 

19 paragraph.’’; 

20 (D) in paragraph (5)— 

21 (i) in subparagraph (A)— 

22 (I) by inserting ‘‘hour’’ after 

23 ‘‘credit’’; 

24 (II) by striking ‘‘in the case of an 

25 institution on a quarter system, or 15 

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1 contact hours in the case of an institu2 tion on a semester system,’’; and 

3 (III) by striking ‘‘and’’ at the 

4 end; 

5 (ii) by redesignating subparagraph (B) 

6 as subparagraph (C); and 

7 (iii) by inserting after subparagraph 

8 (A) the following: 

9 ‘‘(B) shall be determined as one academic 

10 credit hour for every three continuing education 

11 program credits earned in the case of an institu12 tion on a semester system (which may be ad13 justed by the Secretary, if necessary, for institu14 tions using academic periods other than semes15 ters, such as trimesters or quarters); and’’; and 

16 (E) by inserting after paragraph (5), the 

17 following: 

18 ‘‘(6) Enrollment data from the prior-prior aca19 demic year shall be used.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) IN GENERAL.—The Tribally Controlled Col22 leges and Universities Assistance Act of 1978 (25 

23 U.S.C. 1801 et seq.) is amended by inserting after sec24 tion 2 (25 U.S.C. 1801), the following: 

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1 ‘‘AUTHORIZATION OF APPROPRIATIONS

2 ‘‘SEC. 3. (a)(1) There are authorized to be appro3 priated to carry out sections 105, 107, 112(b), and 113 such 

4 sums as may be necessary for fiscal year 2021 and each 

5 of the five succeeding fiscal years. 

6 ‘‘(2) Funds appropriated pursuant to the authoriza7 tion under paragraph (1) shall be transferred by the Sec8 retary of the Treasury through the most expeditious method 

9 available, with each of the tribally controlled colleges or uni10 versities being designated as its own certifying agency. 

11 ‘‘(b) There are authorized to be appropriated to carry 

12 out title III such sums as may be necessary for fiscal year 

13 2021 and each of the five succeeding fiscal years. Any funds 

14 appropriated pursuant to this subsection are authorized to 

15 remain available until expended. 

16 ‘‘(c) There are authorized to be appropriated to carry 

17 out titles IV and V such sums as may be necessary for fiscal 

18 year 2021 and each of the five succeeding fiscal years. 

19 ‘‘(d)(1) For the purpose of affording adequate notice 

20 of funding available under this Act, amounts appropriated 

21 in an appropriation Act for any fiscal year to carry out 

22 this Act shall become available for obligation on July 1 of 

23 that fiscal year and shall remain available until September 

24 30 of the succeeding fiscal year. 

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1 ‘‘(2) In order to effect a transition to the forward fund2 ing method of timing appropriation action described in 

3 paragraph (1), there are authorized to be appropriated, in 

4 an appropriation Act or Acts for the same fiscal year, two 

5 separate appropriations to carry out this Act, the first of 

6 which shall not be subject to paragraph (1).’’. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) Section 110 of the Tribally Controlled 

9 Colleges and Universities Assistance Act of 1978 

10 (25 U.S.C. 1810) is repealed. 

11 (B) Section 111 of the Tribally Controlled 

12 Colleges and Universities Assistance Act of 1978 

13 (25 U.S.C. 1811) is amended by striking 

14 ‘‘110(a)(2)’’ and inserting ‘‘3(a)(2)’’. 

15 (C) Section 306 of the Tribally Controlled 

16 Colleges and Universities Assistance Act of 1978 

17 (25 U.S.C. 1836) is repealed. 

18 (D) Title III of the Tribally Controlled Col19 leges and Universities Assistance Act of 1978 (25 

20 U.S.C. 1831 et seq.) is amended by striking ‘‘sec21 tion 306’’ each place it appears and inserting 

22 ‘‘section 3(b)’’ 

23 (E) Section 403 of the Tribally Controlled 

24 Colleges and Universities Assistance Act of 1978 

25 (25 U.S.C. 1852) is repealed. 

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1 (F) Section 502 of the Tribally Controlled 

2 Colleges and Universities Assistance Act of 1978 

3 (25 U.S.C. 1862) is amended— 

4 (i) in subsection (a), by striking ‘‘Sub5 ject to the availability of appropriations, 

6 for fiscal year 2009 and each fiscal year 

7 thereafter,’’ and inserting ‘‘From the 

8 amount made available under section 3(c) 

9 for each fiscal year,’’; and 

10 (ii) in subsection (d)(1), by striking 

11 ‘‘For fiscal year 2009 and each fiscal year 

12 thereafter, of amounts made available pur13 suant to section 504,’’ and inserting ‘‘From 

14 the amount made available under section 

15 3(c) for each fiscal year,’’. 

16 (G) Section 504 of the Tribally Controlled 

17 Colleges and Universities Assistance Act of 1978 

18 (25 U.S.C. 1864) is repealed. 

19 (c) ANNUAL REPORT ON EMERGING TRIBAL COL20 LEGES.—Section 104 of the Tribally Controlled Colleges 

21 and Universities Assistance Act of 1978 (25 U.S.C. 1804a) 

22 is amended to read as follows: 

23 ‘‘ANNUAL REPORT ON EMERGING TRIBAL COLLEGES

24 ‘‘SEC. 104. Not later than December 31 of each year, 

25 the Secretary shall submit a report to the Senate Committee 

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1 cation, Labor and Pensions, the House Committee on Nat2 ural Resources, the House Committee on Education and 

3 Labor, the Senate Appropriations Subcommittee on the In4 terior, and the House Appropriations Subcommittee on the 

5 Interior on developing and emerging tribally controlled col6 leges or universities. Such report shall include information 

7 on— 

8 ‘‘(1) inquiries received by the Secretary from fed9 erally recognized Indian Tribes and tribal organiza10 tions regarding the process for establishing a tribally 

11 controlled college or university; 

12 ‘‘(2) the status of ongoing efforts to establish trib13 ally controlled colleges or universities; 

14 ‘‘(3) the geographic location, current and pro15 jected size, and anticipated application time frame of 

16 each reported institution; and 

17 ‘‘(4) such other data as the Secretary may deem 

18 relevant.’’. 

19 (d) ELIGIBILITY STUDIES.—Section 106 of the Trib20 ally Controlled Colleges and Universities Assistance Act of 

21 1978 (25 U.S.C. 1806) is amended— 

22 (1) in subsection (b), by striking ‘‘for the fiscal 

23 year succeeding’’ and inserting ‘‘for the second fiscal 

24 year succeeding’’; and 

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1 (2) in subsection (c), by striking ‘‘drawn from’’ 

2 and all that follows through the period at the end and 

3 inserting ‘‘drawn from the general administrative ap4 propriations to the Secretary.’’ 

5 (e) GRANTS TO TRIBALLY CONTROLLED COLLEGES OR

6 UNIVERSITIES.—Section 107 of the Tribally Controlled Col7 leges and Universities Assistance Act of 1978 (25 U.S.C. 

8 1807) is amended— 

9 (1) in subsection (c), by striking ‘‘given to insti10 tutions’’ and all that follows through the period at the 

11 end and inserting ‘‘given to institutions which re12 ceived payments under this title in fiscal year 2019 

13 or were affiliated with an institution which received 

14 payments under this title in fiscal year 2019.’’; and 

15 (2) in subsection (d), by inserting ‘‘higher edu16 cation’’ after ‘‘national Indian’’. 

17 (f) AMOUNT OF GRANTS.—Section 108 of the Tribally 

18 Controlled Colleges and Universities Assistance Act of 1978 

19 (25 U.S.C. 1808) is amended— 

20 (1) by striking subsection (a)(2) and inserting 

21 the following: 

22 ‘‘(2) EXCEPTIONS.— 

23 ‘‘(A) If the sum appropriated for any fiscal 

24 year for payments under this section is not suffi25 cient to pay in full the total amount that apVerDate Sep 11 2014 21:17 Dec 28, 2020 Jkt 019200 PO 00000 Frm 01197 Fmt 6652 Sfmt 6203 E:\BILLS\H4674.RH H4674
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1 proved applicants are eligible to receive under 

2 this section for such fiscal year, the Secretary 

3 shall first allocate to each such applicant that re4 ceived funds under this part for the preceding 

5 fiscal year an amount equal to 100 percent of the 

6 product of the per capita payment for the pre7 ceding fiscal year and such applicant’s Indian 

8 student count for the current program year, plus 

9 an amount equal to the actual cost of any in10 crease to the per capita figure resulting from in11 flationary increases to necessary costs beyond the 

12 institution’s control. 

13 ‘‘(B) The amount of a grant under para14 graph (1) shall not exceed an amount equal to 

15 the total cost of the education program provided 

16 by the applicable tribally controlled college or 

17 university.’’; and 

18 (2) in subsection (b)(1)— 

19 (A) by striking ‘‘of the funds available for 

20 allotment by October 15 or no later than 14 days 

21 after appropriations become available’’ and in22 serting ‘‘of the amounts appropriated for any fis23 cal year on or before July 1 of that fiscal year’’; 

24 and 

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1 (B) by striking ‘‘January 1’’ and inserting 

2 ‘‘September 30’’. 

3 (g) REPORT ON FACILITIES.—Section 112 of the Trib4 ally Controlled Colleges and Universities Assistance Act of 

5 1978 (25 U.S.C. 1812) is amended to read as follows: 

6 ‘‘REPORT ON FACILITIES

7 ‘‘SEC. 112. (a) The Secretary shall provide for the con8 duct of a study on the condition of tribally controlled college 

9 or university facilities, which, for purposes of this section, 

10 shall include the facilities of a Tribal College or University, 

11 as defined in section 316(b) of the Higher Education Act 

12 of 1965 (20 U.S.C. 1059c(b)). Such study shall identify the 

13 need for new construction, renovation, and infrastructure 

14 enhancements of tribally controlled college or university fa15 cilities. 

16 ‘‘(b) The study required in subsection (a) may be con17 ducted directly by the Secretary or by contract. 

18 ‘‘(c) A report on the results of the study required in 

19 subsection (a) shall be submitted to the Senate Committee 

20 on Indian Affairs, the Senate Committee on Health, Edu21 cation, Labor and Pensions, the House Committee on Nat22 ural Resources, the House Committee on Education and 

23 Labor, the Senate Appropriations Subcommittee on the In24 terior, and the House Appropriations Subcommittee on the 

25 Interior not later than 18 months after the date of the enact26 ment of the College Affordability Act.’’. 

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1 (h) MODIFICATION OF FACILITIES PROGRAM.—Section 

2 113 of the Tribally Controlled Colleges and Universities As3 sistance Act of 1978 (25 U.S.C. 1813) is amended— 

4 (1) in subsection (a), by striking ‘‘of the Admin5 istrator of General Services under section 112(a) of 

6 this Act’’ and inserting ‘‘under section 112(c)’’; 

7 (2) in subsection (b), by striking ‘‘a tribally con8 trolled college or university—’’ and all that follows 

9 through the period at the end and inserting ‘‘a trib10 ally controlled college or university shall be a Tribal 

11 College or University, as defined in section 316(b) of 

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

13 1059c(b)).’’; 

14 (3) by redesignating subsections (d) through (f) 

15 as subsections (e) through (g), respectively; and 

16 (4) by inserting after subsection (c) the fol17 lowing: 

18 ‘‘(d) Activities eligible for a grant under this section 

19 shall be activities that address a wide variety of facilities 

20 and infrastructure needs including— 

21 ‘‘(1) building of new facilities; 

22 ‘‘(2) renovating or expanding existing or ac23 quired facilities; 

24 ‘‘(3) providing new and existing facilities with 

25 equipment and infrastructure, including laboratory 

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1 equipment, computer infrastructure and equipment, 

2 broadband infrastructure and equipment, library 

3 books, and furniture; and 

4 ‘‘(4) property acquisition.’’. 

5 (i) CONFORMING AMENDMENT FOR THE NAVAJO

6 TRIBE.—Section 114(a) of the Tribally Controlled Colleges 

7 and Universities Assistance Act of 1978 (25 U.S.C. 

8 1814(a)) is amended striking ‘‘The Navajo’’ and inserting 

9 ‘‘Except as provided in sections 112 and 113, the Navajo’’. 

10 (j) RULES AND REGULATIONS.—Section 115 of the 

11 Tribally Controlled Colleges and Universities Assistance Act 

12 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 of 

15 1978 (25 U.S.C. 1832) is amended by adding at the end 

16 the following: 

17 ‘‘(c) The period of a grant under this section shall be 

18 not more than 20 years. During the grant period, an insti19 tution may withdraw and expend interest income generated 

20 by the endowment for any operating or academic purpose. 

21 An institution may not withdraw or expend any of the en22 dowment fund corpus. After the termination of the grant 

23 period, an institution may use the endowment fund corpus 

24 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, the 

3 institution shall repay to the Secretary an amount equal 

4 to 150 percent of the withdrawn amount. The Secretary 

5 may use up to 75 percent of such repaid funds to make 

6 additional endowment grants to, or to increase existing en7 dowment 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 a 

15 natural disaster or arson; or 

16 ‘‘(C) any other unusual occurrence or exigent 

17 circumstance.’’. 

18 (l) PARTICIPATION OF TRIBALLY CONTROLLED POST19 SECONDARY CAREER AND TECHNICAL INSTITUTIONS

20 UNDER OTHER TITLES.—Section 503(a) of the Tribally 

21 Controlled Colleges and Universities Assistance Act of 1978 

22 (25 U.S.C. 1863(a)) is amended to read as follows: 

23 ‘‘(a) PARTICIPATION OF TRIBALLY CONTROLLED

24 POSTSECONDARY CAREER AND TECHNICAL INSTITUTIONS

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1 tles 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 Sec5 retary shall provide, upon request from a tribally 

6 controlled postsecondary career and technical institu7 tion, 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 (25 

15 U.S.C. 1801 et seq.), as amended by the preceding provi16 sions 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 Act’’ 

21 each place it appears and inserting ‘‘Dine ́ College 

22 Act’’; and 

23 (3) in section 109 (25 U.S.C. 1809), by redesig24 nating 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 ap10 propriated to carry out this section $181,000,000 for 

11 fiscal year 2021 and each of the 5 succeeding fiscal 

12 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 suc17 ceeding 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 Ca20 reer and Technical Education Act of 2006 (20 U.S.C. 

21 2325(a)). 

22 (3) TRIBALLY CONTROLLED POSTSECONDARY CA23 REER AND TECHNICAL INSTITUTIONS.—In addition to 

24 the amounts authorized to be appropriated under 

25 paragraphs (1) and (2), there are authorized to be ap26 propriated $10,469,000 for fiscal year 2021 and each 

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1 of the 5 succeeding fiscal years, for the purpose of 

2 awarding funds to carry out this section to tribally 

3 controlled postsecondary career and technical institu4 tions described in section 117(a) of the Carl D. Per5 kins Career and Technical Education Act of 2006 (20 

6 U.S.C. 2327(a)). 

7 (b) ALLOTMENT AND ALLOCATION.— 

8 (1) STATE ALLOTMENT.— 

9 (A) IN GENERAL.—From the amount appro10 priated under subsection (a)(1) for each fiscal 

11 year, the Secretary of Education shall allot funds 

12 to States in the same manner as allotments are 

13 made to States under 111(a)(2) of the Carl D. 

14 Perkins Career and Technical Education Act of 

15 2006 (20 U.S.C. 2321(a)(2)), except that such 

16 section 111(a)(2) shall be applied by substituting 

17 ‘‘From the amount appropriated under sub18 section (a)(1),’’ for ‘‘From the remainder of the 

19 amount appropriated under section 9 and not 

20 reserved under paragraph (1) for a fiscal year,’’. 

21 (B) REALLOTMENT.—If for any fiscal year 

22 the amount appropriated for allotments under 

23 this paragraph is insufficient to satisfy the pro24 visions of subparagraph (A), the payments to all 

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1 States under such subparagraph shall be ratably 

2 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. 2321(a)). 

10 (3) ELIGIBLE RECIPIENT ALLOCATION.— 

11 (A) IN GENERAL.—From the amount allot12 ted to each State under paragraph (1) and not 

13 used under paragraph (2) for a fiscal year, the 

14 eligible agency shall allocate funds to each eligi15 ble recipient within the State in the same man16 ner that funds are allocated to eligible institu17 tions or consortium of eligible institutions under 

18 section 132(a)(2) of the Carl D. Perkins Career 

19 and Technical Education Act of 2006 (20 U.S.C. 

20 2352(a)(2)), except that such section 132(a)(2) 

21 shall be applied by substituting ‘‘the amount al22 lotted to the State under paragraph (1) and not 

23 used under paragraph (2)’’ for ‘‘the portion of 

24 funds made available under section 112(a)(1) to 

25 carry out this section’’. 

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1 (B) REQUIREMENTS FOR ALLOCATION.—To 

2 receive an allocation under subparagraph (A), 

3 an eligible recipient shall meet the following re4 quirements: 

5 (i) Provide a description to the Sec6 retary, at such time and in such manner, as 

7 may be required by the Secretary of how the 

8 eligible recipient will use the allocation to 

9 support and coordinate with— 

10 (I) any funds received by such eli11 gible recipient under title I of the Carl 

12 D. Perkins Career and Technical Edu13 cation Act of 2006 (20 U.S.C. 2321 et 

14 seq.); and 

15 (II) the activities described in the 

16 State plan of the eligible agency that 

17 distributes funds under such title to 

18 such eligible recipient, and local appli19 cation of such eligible recipient under 

20 such title. 

21 (ii) Establish partnerships with each of 

22 the following: 

23 (I) A local educational agency or 

24 a consortia of local educational agen25 cies. 

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1 (II) An area career and technical 

2 education school, in a case in which 

3 such a school is located in the State or 

4 local area of the eligible recipient. 

5 (III) A State or local workforce 

6 development system. 

7 (IV) A 4-year institution of higher 

8 education. 

9 (4) ALLOTMENTS TO OUTLYING AREAS.—From 

10 funds appropriated under subsection (a)(2), the Sec11 retary shall— 

12 (A) make a grant in the amount of 

13 $660,000 to Guam; 

14 (B) make a grant in the amount of 

15 $350,000 to each of the Commonwealth of the 

16 Northern Mariana Islands and American 

17 Samoa; and 

18 (C) make a grant in the amount of 

19 $160,000 to the Republic of Palau. 

20 (c) USES OF FUNDS.— 

21 (1) IN GENERAL.—Each eligible recipient that 

22 receives an allocation under subsection (b)(2) shall 

23 use such allocation to carry out a career and tech24 nical education program of study that shall— 

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1 (A) include alignment to career pathways, 

2 the use of articulation agreements, and career 

3 guidance and academic counseling; 

4 (B) combine a minimum of 2 years of sec5 ondary education (as determined under State 

6 law) with a minimum of 2 years of postsec7 ondary education in a nonduplicative, sequential 

8 course of study; 

9 (C) include work-based learning or appren10 ticeship programs; 

11 (D) be aligned with— 

12 (i) the workforce development system; 

13 and 

14 (ii) institutions of higher education of15 fering baccalaureate or advanced degree 

16 programs; 

17 (E) offer education and training in high18 skill, high-wage, or in-demand industry sectors 

19 and occupations to meet the regional needs and 

20 support the priorities described in the most re21 cent comprehensive local needs assessment con22 ducted by the eligible recipient under section 

23 134(c) of the Carl D. Perkins Career and Tech24 nical Education Act (20 U.S.C. 2354(c)); and 

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1 (F) carry out the requirements of subpara2 graph (A), (B), (C), (D), or (E) of paragraph 

3 (2). 

4 (2) REQUIREMENTS.—Each career and technical 

5 education program of study described in paragraph 

6 (1) shall carry out at least one of the following: 

7 (A) Supporting the development, delivery, 

8 or implementation of a statewide effort to scale 

9 such program of study and career pathways. 

10 (B) Establishing industry or sector partner11 ships inside or outside the State. 

12 (C) Providing equal access to, and supports 

13 for, successful completion of the career and tech14 nical education program of study to individuals 

15 who are members of special populations, includ16 ing the development of services appropriate to 

17 the needs of special populations. 

18 (D) Improving career guidance, academic 

19 counseling, and career exploration activities for 

20 prospective or participating students through the 

21 development and implementation of graduation 

22 and career plans aligned to career pathways. 

23 (E) Developing curriculum and supports for 

24 effective transitions between the following: 

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1 (i) The transition from a secondary ca2 reer and technical education program to a 

3 postsecondary career and technical edu4 cation program. 

5 (ii) The transition from postsecondary 

6 career and technical education programs to 

7 an institution of higher education offering a 

8 baccalaureate or an advanced degree pro9 gram. 

10 (iii) The transition from a workforce 

11 development system to a postsecondary ca12 reer and technical education program. 

13 (iv) The transition from a postsec14 ondary career and technical education pro15 gram to employment. 

16 (v) The transition from a career and 

17 technical education program to an appren18 ticeship program or from an apprenticeship 

19 program to an institution of higher edu20 cation or employment. 

21 (3) RESTRICTION ON USES OF FUNDS.—Each eli22 gible recipient that receives an allocation under sub23 section (b)(2) shall not use more than 5 percent of 

24 such allocation for costs associated with the adminis25 tration of activities. 

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1 (d) DEFINITIONS.—In this section: 

2 (1) APPRENTICESHIP PROGRAM.—The term ‘‘ap3 prenticeship program’’ means an apprenticeship reg4 istered under the Act of August 16, 1937 (commonly 

5 known as the ‘‘National Apprenticeship Act’’; 50 Stat. 

6 664, chapter 663; 29 U.S.C. 50 et seq.). 

7 (2) ELIGIBLE RECIPIENT.—The term ‘‘eligible re8 cipient’’ has the meaning given the term in section 

9 3(21)(B) of the Carl D. Perkins Career and Technical 

10 Education Act of 1965 (20 U.S.C. 2302(21)(B)). 

11 (3) INSTITUTION OF HIGHER EDUCATION.—The 

12 term ‘‘institution of higher education’’ has the mean13 ing given such term in section 101 of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1001). 

15 (4) LOCAL EDUCATIONAL AGENCY.—The term 

16 ‘‘local educational agency’’ has the meaning given 

17 such term in section 8101 of the Elementary and Sec18 ondary Education Act of 1965 (20 U.S.C. 7801). 

19 (5) PERKINS CTE TERMS.—The terms ‘‘articula20 tion agreement’’, ‘‘area career and technical education 

21 school’’, ‘‘career and technical education’’, ‘‘eligible 

22 agency’’, ‘‘program of study’’, ‘‘special population’’, 

23 and ‘‘work-based learning’’ have the meanings given 

24 the terms in section 3 of the Carl D. Perkins Career 

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1 and Technical Education Act of 2006 (20 U.S.C. 

2 2302). 

3 (6) STATE.—The term ‘‘State’’ has the meaning 

4 given the term in section 111(d) of the Carl D. Per5 kins Career and Technical Education Act of 2006. 

6 (7) WIOA TERMS.—The terms ‘‘career path7 way’’, ‘‘workforce development system’’, ‘‘in-demand 

8 industry sector or occupation’’, and ‘‘industry or sec9 tor partnership’’ have the meanings given the terms 

10 in section 3 of the Workforce Innovation and Oppor11 tunity Act (29 U.S.C. 3201). 

12 PART D—GENERAL EDUCATION PROVISIONS ACT 

13 SEC. 10301. RELEASE OF EDUCATION RECORDS TO FACILI14 TATE THE AWARD OF A RECOGNIZED POST15 SECONDARY CREDENTIAL. 

16 Section 444(b) of the General Education Provisions 

17 Act (20 U.S.C. 1232g(b)) is amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (K)(ii), by striking ‘‘; 

20 and’’ and inserting a semicolon; and 

21 (B) in subparagraph (L), by striking the 

22 period at the end and inserting ‘‘; and’’; and 

23 (2) by inserting after subparagraph (L) the fol24 lowing: 

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1 ‘‘(M) an institution of postsecondary education 

2 in which the student was previously enrolled, to 

3 which records of postsecondary coursework and credits 

4 are sent for the purpose of applying such coursework 

5 and credits toward completion of a recognized postsec6 ondary credential (as that term is defined in section 

7 3 of the Workforce Innovation and Opportunity Act 

8 (29 U.S.C. 3102)), upon condition that the student 

9 provides written consent prior to receiving such cre10 dential.’’. 

11 PART E—EDUCATION SCIENCES REFORM ACT OF 

12 2002 

13 SEC. 10401. INCLUSION OF RACIAL SUBGROUPS IN IPEDS 

14 DATA. 

15 Section 153(a)(3) of the Education Sciences Reform 

16 Act of 2002 (20 U.S.C. 9543(a)(3)) is amended— 

17 (1) by striking ‘‘feasible, information’’ and in18 serting the following: ‘‘feasible— 

19 ‘‘(A) information’’; 

20 (2) by inserting ‘‘and’’ after the semicolon; and 

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

22 ‘‘(B) information from the Integrated Post23 secondary Education Data Survey, the postsec24 ondary student data system established under 

25 section 132(l), or a successor system (whichever 

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1 includes the most recent data), that is 

2 disaggregated by race in a manner that captures 

3 all the racial groups specified in the American 

4 Community Survey of the Bureau of the Cen5 sus;’’. 

6 PART F—U.S. INSTITUTE OF PEACE 

7 SEC. 10501. REAUTHORIZATION OF THE U.S. INSTITUTE OF 

8 PEACE. 

9 Section 1710 of the United States Institute of Peace 

10 Act (22 U.S.C. 4609) is amended in subsection (a)(1) by 

11 striking ‘‘fiscal years 2009 through 2014’’ and inserting 

12 ‘‘fiscal year 2021 and each of the 5 succeeding fiscal years’’. 

Union Calendar No. 583 

116TH CONGRESS 

2D SESSION H. R. 4674 

[Report No. 116–700] 

A BILL 

To amend and strengthen the Higher Education 

time and transition to a successful career. tion of students the opportunity to graduate onfor students’ success, and to give a new generadents and families, to hold colleges accountable Act of 1965 to lower the cost of college for stuDECEMBER 28, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union,