530 
‘‘(b) OTHER DUTIES.—An institution of higher edu-
cation described in subsection (a) shall— 
‘‘(1) provide each student who is interested in 
participating in a program of study abroad approved 
for credit by the institution, with an orientation ses-
sion and advising that includes— 
‘‘(A) a list of countries in which such pro-
grams of study abroad are located; 
‘‘(B) all current travel information, includ-
ing all travel warnings and travel alerts, issued 
by the Bureau of Consular Affairs of the De-
partment of State for such countries; and 
‘‘(C) the information described in para-
graph (a), provided specifically for each pro-
gram of study abroad approved for credit by 
the institution in which the student is consid-
ering participation; and 
‘‘(2) provide each student who returns from 
such a program of study abroad with a post-trip de-
briefing session, including an exit interview that as-
sists the institution in carrying out subsection (a). 
‘‘(c) LIMITATIONS.—An institution of higher edu-
cation shall not disaggregate or otherwise distinguish in-
formation for purposes of subsection (a) or (b) in a case 
in which the number of students in a category is insuffi-
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cient to yield statistically reliable information or the re-
sults would reveal personally identifiable information 
about an individual student. 
‘‘(d) REVIEW.—The Secretary shall periodically re-
view a representative sample of the policies described in 
subsection (a) that have been adopted by institutions of 
higher education. 
‘‘(e) DEFINITION.—For the purpose of this section, 
the definitions for ‘campus’, ‘noncampus building or prop-
erty’, and ‘public property’ shall have the same meaning 
as in section 485(f)(6).’’. 
SEC. 4100. REMEDIAL EDUCATION GRANTS. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
after section 486A the following: 
‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From the funds appro-
priated under subsection (i), the Secretary, in con-
sultation with the Director of the Institute of Edu-
cation Sciences, shall award grants, on a competitive 
basis, to eligible entities to improve remedial edu-
cation in higher education. 
‘‘(2) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
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‘‘(3) MINIMUM AWARDS.—The total amount of 
funds provided under a grant awarded under this 
section shall not be less than $500,000. 
‘‘(b) APPLICATION.—An eligible entity that desires to 
receive a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may 
require, which shall include the following: 
‘‘(1) A description of how the eligible entity will 
use the grant funds to develop or improve a remedial 
education program that includes evidence-based, ef-
fective strategies for providing instruction to ensure 
that students are prepared for courses at the post-
secondary level. 
‘‘(2) An assurance that the eligible entity will 
use more than 2 measures (such as a student’s col-
lege entrance examination score, grade point aver-
age, high school course list, or a placement examina-
tion) to identify students in need of remedial edu-
cation who may be eligible to participate in the re-
medial education program developed or improved 
under the grant. 
‘‘(3) A description of how the eligible entity, in 
developing or improving such a program, will consult 
with stakeholders, including individuals with exper-
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tise in remedial education, students enrolled in reme-
dial education, and faculty instructors for remedial 
education. 
‘‘(4) The eligible entity’s plan for sustaining the 
program after the grant period has ended. 
‘‘(5) The eligible entity’s plan for monitoring 
and evaluating the program, including how the eligi-
ble entity will use the data collected under sub-
section (g) to continually update and improve the 
program. 
‘‘(c) USE OF FUNDS.—An eligible entity that receives 
a grant under this section shall use the grant to develop 
or improve a remedial education program through one or 
more of the following models: 
‘‘(1) ALIGNING COURSE WORK.—Working with 
a local educational agency or State educational agen-
cy that is part of the eligible entity to develop or im-
prove programs that provide alignment between high 
school coursework and postsecondary education, and 
that may include— 
‘‘(A) assessments in high school to meas-
ure student readiness for courses at the post-
secondary level; or 
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‘‘(B) interventions in high school that im-
prove student competencies for courses at the 
postsecondary level. 
‘‘(2) ACCELERATED
COURSE
WORK.—Rede-
signing or improving remedial education that— 
‘‘(A) allows students to enroll in more than 
one sequential remedial education course or 
training in a semester, or the equivalent; 
‘‘(B) condenses the time of the remedial 
education; or 
‘‘(C) provides shortened, intensive courses 
or training to improve competencies of students 
for courses at the postsecondary level. 
‘‘(3) MODULAR
INSTRUCTIONAL
METHODS.— 
Developing or improving remedial education that— 
‘‘(A) specifically targets the skills that stu-
dents need to move forward in courses at the 
postsecondary level; and 
‘‘(B) may be used to develop new assess-
ments, redesign courses to provide targeted skill 
instruction, or provide faculty professional de-
velopment. 
‘‘(4) CO-REQUISITE MODEL.—Developing or im-
proving remedial education programs that allow a 
student to enroll in remedial education (which may 
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be provided through a modular instructional meth-
od) while also enrolled in a course at the postsec-
ondary level. 
‘‘(5) SYSTEMIC REFORM TO IMPLEMENT COM-
PREHENSIVE, INTEGRATED SUPPORT PROGRAMS.— 
Implementing and improving comprehensive, inte-
grated, evidence-based support programs that— 
‘‘(A) enable students enrolled in remedial 
education to reach completion and graduation 
at an institution of higher education within 150 
percent of the normal time for completion of, or 
graduation from, the program of study for 
which the students are enrolled; and 
‘‘(B) may include financial supports, aca-
demic tutoring or support, and advising that 
enable students to find success in remedial edu-
cation and courses at the postsecondary level. 
‘‘(d) CONSIDERATIONS.—In awarding grants under 
this section, the Secretary, in consultation with the Direc-
tor of the Institute of Education Sciences, shall— 
‘‘(1) ensure— 
‘‘(A) a minimum of 30 eligible entities are 
awarded grants for each 5-year grant period; 
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‘‘(B) an equitable geographic distribution 
of such grants, including an equitable distribu-
tion between urban and rural areas; and 
‘‘(C) that grants are used to develop or im-
prove remedial education programs— 
‘‘(i) for a range of types and sizes of 
institutions of higher education; and 
‘‘(ii) for each of the models described 
in subsection (c) to ensure adequate sam-
ple sizes to enable statistical comparisons 
within and among such models; and 
‘‘(2) give preference to eligible entities that pri-
marily serve low-income students. 
‘‘(e) FISCAL REQUIREMENTS.— 
‘‘(1) SUPPLEMENT
NOT
SUPPLANT.—A grant 
awarded under this section shall be used to supple-
ment, not supplant, funds that would otherwise be 
used to carry out the activities described in this sec-
tion. 
‘‘(2) MATCHING FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an eligible entity that receives a 
grant under this section shall provide, from 
non-Federal sources, an amount equal to 10 
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percent of the amount of the grant for the cost 
of activities assisted under the grant. 
‘‘(B) EXCEPTIONS.—The requirements of 
subparagraph (A) shall not apply to— 
‘‘(i) Tribal Colleges or Universities; or 
‘‘(ii) institutions of higher education 
located in the Commonwealth of Puerto 
Rico, Guam, American Samoa, the United 
States Virgin Islands, the Commonwealth 
of the Northern Mariana Islands, the Re-
public of the Marshall Islands, the Fed-
erated States of Micronesia, or the Repub-
lic of Palau. 
‘‘(f) EXPERIMENTAL AUTHORITY.—Notwithstanding 
any other provision of this title, a student may be eligible 
to receive loans or grants under this title for up to 2 aca-
demic years for enrollment in a remedial education pro-
gram under this section. 
‘‘(g) DATA COLLECTION, REPORTS, EVALUATIONS, 
AND DISSEMINATION.— 
‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligi-
ble entity that receives a grant under this sec-
tion shall provide, on an annual basis for each 
year of the grant period and for 5 years after 
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such grant period, to the Director of the Insti-
tute of Education Sciences and the Secretary, 
the student-level data with respect to the stu-
dents who are or were enrolled in a remedial 
education program funded under the grant to 
enable the Director, for each such year, to— 
‘‘(i) determine the information de-
scribed in subparagraph (B) with respect 
to each such remedial education program; 
and 
‘‘(ii) submit to the authorizing com-
mittees, and make publicly available in an 
accessible format, such information. 
‘‘(B) AGGREGATE
STUDENT
DATA.—The 
Director shall determine, with respect to each 
remedial education program for which an eligi-
ble entity provides student-level data under sub-
paragraph (A), the following information: 
‘‘(i) The number of students who are 
or were enrolled in such a remedial edu-
cation program. 
‘‘(ii) The type of remedial education 
offered under the program. 
‘‘(iii) The cost of such remedial edu-
cation program. 
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‘‘(iv) The number of students who 
complete such remedial education program. 
‘‘(v) The length of time students 
spend in such remedial education program, 
as measured by semester, trimester, or 
clock hours. 
‘‘(vi) The length of time students who 
complete such remedial education program 
take to graduate with a recognized edu-
cational credential from an institution of 
higher education. 
‘‘(vii) The number of students who 
enroll in postsecondary-level courses upon 
completing the remedial education pro-
gram. 
‘‘(viii) The number and percentage of 
such students who graduate, or are on 
track to graduate, from an institution of 
higher education within 150 percent of the 
normal time for completion of, or gradua-
tion from, the program of study for which 
the students are enrolled. 
‘‘(ix) The amount of grant or loan 
funds under this title awarded to students 
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for enrollment in such remedial education 
program. 
‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
disaggregated by race (as defined in section 
153(a)(3) of the Education Sciences Reform 
Act of 2002), gender, socioeconomic status, 
Federal Pell Grant eligibility status, status as a 
first-generation college student, Veteran or ac-
tive duty status, and disability status. 
‘‘(2) EVALUATION.—Not later than 6 years 
after the first grant is awarded under this section, 
the Director, in consultation with the Secretary and 
using the information determined under paragraph 
(1), shall submit to the authorizing committees and 
make publicly available in an accessible format, the 
results of a multi-year, rigorous evaluation on the 
impact of remedial education programs funded 
under this section that shall include— 
‘‘(A) the effectiveness of the remedial edu-
cation programs in providing the skills nec-
essary for students to advance through remedial 
education and complete courses at the postsec-
ondary level; 
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‘‘(B) the quality of outcomes of the reme-
dial education programs within and among 
models of remedial education described in sub-
section (c); 
‘‘(C) the sustainability and replicability of 
the remedial education programs that dem-
onstrate success, as determined by the number 
and percentage of students who graduate from 
an institution of higher education within 150 
percent of the normal time for completion of, or 
graduation from, the program of study for 
which the students are enrolled; and 
‘‘(D) the effectiveness of the authority 
under subsection (f) in assisting students who 
complete a remedial education program funded 
under this section in graduating from an insti-
tution of higher education within 150 percent of 
the normal time for completion of, or gradua-
tion from, the program of study for which the 
students are enrolled. 
‘‘(3) REPORTS AND DISSEMINATION.— 
‘‘(A) INITIAL REPORT.—Not later than 1 
year after the first grant is awarded under this 
section, the Secretary shall prepare and submit 
to the authorizing committees, and make avail-
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able to the public in an accessible format, a re-
port on each remedial education program fund-
ed under this section. 
‘‘(B) SUBSEQUENT
REPORT.—Not later 
than 5 years after the last grant is awarded 
under this section, the Secretary shall prepare 
and submit to the authorizing committees, and 
make available to the public in an accessible 
format, a report that— 
‘‘(i) reviews the activities and program 
performance of each remedial education 
program funded under this section; and 
‘‘(ii) provides guidance and rec-
ommendations on how successful remedial 
education programs (as determined by the 
number and percentage of students who 
graduate from an institution of higher edu-
cation within 150 percent of the normal 
time for completion of, or graduation from, 
the program of study for which the stu-
dents are enrolled) can be replicated. 
‘‘(h) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally iden-
tifiable information in connection with this section to 
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willfully disclose to any person (except as authorized 
in this Act or any Federal law) such personally iden-
tifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $5,000, im-
prisoned for not more than 5 years, or both, to-
gether with the costs of prosecution. 
‘‘(3) EMPLOYEE OR OFFICER OF THE UNITED 
STATES.—If a violation of paragraph (1) is com-
mitted by any officer or employee of the United 
States, the officer or employee shall be dismissed 
from office or discharged from employment upon 
conviction for the violation. 
‘‘(4) SALE OF DATA PROHIBITED.—Data col-
lected under this section shall not be sold to any 
third party by the Director, any postsecondary insti-
tution, or any other entity. 
‘‘(5) LIMITATION ON USE BY OTHER FEDERAL 
AGENCIES.—The Director shall not allow any other 
Federal agency to use data collected under this sec-
tion for any purpose except as explicitly authorized 
by this Act. 
‘‘(6) LAW ENFORCEMENT.—Personally identifi-
able information collected under this section shall 
not be used for any law enforcement activity or any 
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other activity that would result in adverse action 
against any student, including debt collection activ-
ity or enforcement of the immigration laws. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$162,500,000 for fiscal year 2019 and each of the 5 suc-
ceeding fiscal years. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means 
the Director of the Institute of Education Sciences. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) a partnership between an institution 
of higher education and at least 1 of the fol-
lowing: 
‘‘(i) A local educational agency. 
‘‘(ii) A State educational agency. 
‘‘(3) FIRST-GENERATION COLLEGE STUDENT.— 
The term ‘first-generation college student’ has the 
meaning given the term in section 402A(h). 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given such term in section 101. 
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‘‘(5) REMEDIAL EDUCATION.—The term ‘reme-
dial education’— 
‘‘(A) means education (such as courses or 
training) offered at an institution of higher 
education that— 
‘‘(i) is below the postsecondary level; 
and 
‘‘(ii) is determined by the institution 
to be necessary to help students be pre-
pared for the pursuit of a first under-
graduate baccalaureate degree or certifi-
cate or, in the case of courses in English 
language instruction, to be necessary to 
enable the student to utilize already exist-
ing knowledge, training, or skills; and 
‘‘(B) includes developmental education that 
meets the requirements of subparagraph (A). 
‘‘(6) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given the term in section 316.’’. 
SEC. 4101. COMPETENCY-BASED EDUCATION. 
Part G of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1088 et seq.) is amended by inserting 
after section 486A the following: 
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‘‘SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRA-
TION PROJECTS. 
‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.— 
The Secretary shall select, in accordance with subsection 
(d), eligible entities to voluntarily carry out competency- 
based education demonstration projects and receive waiv-
ers or other flexibility described in subsection (e) to carry 
out such projects. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible entity desir-
ing to carry out a demonstration project under this 
section shall submit an application to the Secretary, 
at such time and in such manner as the Secretary 
may require. 
‘‘(2) OUTREACH.—The Secretary shall, prior to 
any deadline to submit applications under paragraph 
(1), conduct outreach to historically black colleges 
and universities, minority-serving institutions, insti-
tutions serving students with special needs, and in-
stitutions located in rural areas to provide those in-
stitutions with information on the opportunity to 
apply to carry out a demonstration project under 
this section. 
‘‘(3) AMENDMENTS.— 
‘‘(A) IN GENERAL.—An eligible entity that 
has been selected to carry out a demonstration 
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project under this section may submit to the 
Secretary amendments to the eligible entity’s 
approved application under paragraph (1), at 
such time and in such manner as the Secretary 
may require, which the Secretary shall approve 
or deny within 30 days of receipt. 
‘‘(B) 
EXPANDING
ENROLLMENT.—Not-
withstanding the assurance required with re-
spect to maximum enrollment under paragraph 
(4)(I)— 
‘‘(i) an eligible entity whose dem-
onstration project has been evaluated 
under subsection (g)(2) not less than twice 
may submit to the Secretary an amend-
ment to the eligible entity’s application 
under paragraph (1) to increase enrollment 
in the project to more than 3,000 students, 
but not more than 5,000 students, and 
which shall specify— 
‘‘(I) the proposed maximum en-
rollment or annual enrollment growth 
for the project; 
‘‘(II) how the eligible entity will 
successfully carry out the project with 
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such maximum enrollment or enroll-
ment growth; and 
‘‘(III) any other amendments to 
the eligible entity’s application under 
paragraph (1) that are related to such 
maximum enrollment or enrollment 
growth; and 
‘‘(ii) the Secretary shall determine 
whether to approve or deny an amendment 
submitted under clause (i) for a dem-
onstration project based on the project’s 
evaluations under subsection (g)(2). 
‘‘(4) CONTENTS.—Each application under para-
graph (1) shall include— 
‘‘(A) a description of each competency- 
based education program to be offered by the 
eligible entity under the demonstration project; 
‘‘(B) a description of the proposed aca-
demic delivery, business, and financial models 
for the demonstration project, including expla-
nations of how each competency-based edu-
cation program offered under the demonstration 
project will— 
‘‘(i) result in the achievement of com-
petencies; 
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‘‘(ii) differ from standard credit hour 
approaches, in whole or in part; and 
‘‘(iii) result in lower costs or short-
ened time to the completion of a recog-
nized educational credential; 
‘‘(C) a description of how each com-
petency-based education program offered under 
the demonstration project will progress a stu-
dent toward completion of a recognized edu-
cational credential; 
‘‘(D) a description of the meaningful role 
of the appropriate faculty of the eligible entity 
in the development, design, implementation, de-
livery, and evaluation of each such competency- 
based education program; 
‘‘(E) a description of how each such com-
petency-based education program will provide 
strong post-enrollment earnings and loan repay-
ment outcomes; 
‘‘(F) a description of how the eligible enti-
ty will articulate the transcript from a com-
petency-based education program offered under 
the demonstration project to another program 
at the eligible entity or at another institution of 
higher education; 
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‘‘(G) a description of the statutory and 
regulatory requirements described in subsection 
(e) for which the eligible entity is seeking a 
waiver or other flexibility, and why such waiver 
or flexibility is necessary to carry out the dem-
onstration project; 
‘‘(H) a description of how a third party 
will assess student learning for each com-
petency-based education program offered under 
the demonstration project; 
‘‘(I) a description of how the eligible entity 
will develop and evaluate the competencies and 
assessments of student knowledge administered 
as part of the demonstration project, including 
how such competencies and assessments are 
aligned with workforce needs; 
‘‘(J) a description of the proposal for de-
termining a student’s Federal student aid eligi-
bility under this title for participating in the 
demonstration project, the award and distribu-
tion of such aid, and the safeguards to ensure 
that students are making satisfactory progress 
that warrants the disbursement of such aid; 
‘‘(K) an assurance that the demonstration 
project will enroll a minimum of 25 students 
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and a maximum of 3,000 students or, in the 
case of an eligible entity with an application 
amendment approved under paragraph (3)(B), 
the maximum enrollment approved under such 
paragraph; 
‘‘(L) a description of the population of stu-
dents to whom competency-based education 
under the demonstration project will be offered, 
including demographic information and prior 
educational experience, disaggregated by stu-
dents who are Federal Pell Grant recipients, 
race (as defined in section 153(a)(3) of the 
Education Sciences Reform Act of 2002 (20 
U.S.C. 9543)), students with disabilities, stu-
dents who are veterans or members of the 
Armed Forces, and first generation college stu-
dents, and how such eligible entity will, when 
appropriate, address the specific needs of each 
such population of students when carrying out 
the demonstration project; 
‘‘(M) an assurance that students partici-
pating in the demonstration project will not, on 
average, be eligible for more Federal assistance 
under this title than such students would have 
been eligible for under a traditional program; 
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‘‘(N) the cost of attendance for each com-
petency-based education program offered under 
the demonstration project, disaggregated by 
each of the applicable costs or allowances de-
scribed in paragraphs (1) through (13) of sec-
tion 472, and the estimated amount of the cost 
of attendance of each such program to be cov-
ered by need-based grant aid and merit-based 
grant aid from Federal, State, institutional, and 
private sources; 
‘‘(O) an assurance that the eligible entity 
will identify and disseminate best practices with 
respect to the demonstration project to other el-
igible entities carrying out a demonstration 
project under this section; 
‘‘(P) a description of other competency- 
based education the eligible entity offers or 
plans to offer outside of the demonstration 
project; 
‘‘(Q) an assurance that the eligible entity 
will use data to— 
‘‘(i) ensure that each competency-edu-
cation program under the demonstration 
project meets the benchmarks established 
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in accordance with subsection (c)(2)(E); 
and 
‘‘(ii) improve each such program; 
‘‘(R) an assurance that the eligible entity 
has an agreement with the accrediting agency 
or association of the eligible entity to establish 
the standards described in subsection (c); and 
‘‘(S) other such elements as the Secretary 
may require. 
‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR AS-
SOCIATION.—To carry out a competency-based education 
program under a demonstration project under this section, 
an eligible entity shall ensure that before, on, or after the 
date of approval of the eligible entity’s application under 
subsection (b), the accrediting agency or association of the 
eligible entity will establish the following standards with 
respect to such competency-based education program: 
‘‘(1) Standards for determining whether the eli-
gible entity or the program requires students to 
demonstrate competencies that are— 
‘‘(A) capable of being validly and reliably 
assessed; and 
‘‘(B) appropriate in scope and rigor for the 
award of the relevant recognized educational 
credential. 
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‘‘(2) Standards for determining whether the eli-
gible entity or the program demonstrate— 
‘‘(A) the administrative capacity and ex-
pertise that will ensure— 
‘‘(i) the validity and reliability of as-
sessments of competencies; and 
‘‘(ii) good practices in assessment and 
measurement; 
‘‘(B) sufficient educational content, activi-
ties, and resources (including faculty sup-
port)— 
‘‘(i) to enable students to learn or de-
velop what is required to demonstrate or 
attain mastery of competencies; and 
‘‘(ii) that are consistent with the 
qualifications of graduates of traditional 
programs; 
‘‘(C) that the quality of demonstration of 
competence is judged at mastery for each com-
petency that is assessed for the award of a rec-
ognized educational credential; 
‘‘(D) a standard for the amount of learn-
ing that is included in a unit of competency; 
‘‘(E) reasonable benchmarks for gradua-
tion rates and the employment and earnings of 
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graduates, including placements in a field for 
which the program prepares students, debt-to- 
earnings ratios, loan repayment rates, and stu-
dent satisfaction; and 
‘‘(F) regular evaluation of whether the pro-
gram meets the benchmarks under subpara-
graph (E). 
‘‘(3) Standards for determining when to deny, 
withdraw, suspend, or terminate the accreditation of 
the program if the benchmarks under paragraph 
(2)(E) are not achieved, including standards for pro-
viding sufficient opportunity— 
‘‘(A) for the eligible entity or program to 
provide a written response regarding the failure 
to achieve such benchmarks be considered by 
the agency or association in the manner de-
scribed in section 496(a)(6)(B); and 
‘‘(B) for the eligible entity or program to 
appeal any adverse action under this subpara-
graph before an appeals panel that meets the 
requirements of section 496(a)(6)(C). 
‘‘(d) SELECTION.— 
‘‘(1) IN GENERAL.—Not later than 9 months 
after the date of enactment, the Secretary shall se-
lect not more than 100 eligible entities to carry out 
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a demonstration project under this section under 
which at least 1 competency-based education pro-
gram is offered. 
‘‘(2) CONSIDERATIONS.—In selecting eligible 
entities under paragraph (1), the Secretary shall— 
‘‘(A) consider the number and quality of 
applications received; 
‘‘(B) consider an eligible entity’s— 
‘‘(i) ability to successfully execute the 
demonstration project as described in the 
eligible entity’s application under sub-
section (b); 
‘‘(ii) commitment and ability to effec-
tively finance the demonstration project; 
‘‘(iii) ability to provide administrative 
capability and the expertise to evaluate 
student progress based on measures other 
than credit hours or clock hours; 
‘‘(iv) history of compliance with the 
requirements of this Act; 
‘‘(v) commitment to work with the Di-
rector of the Institute of Education 
Sciences and the Secretary to evaluate the 
demonstration project and the impact of 
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the demonstration project under subsection 
(g)(2); and 
‘‘(vi) commitment and ability to as-
sess student learning through a third 
party; 
‘‘(C) ensure the selection of a diverse 
group of eligible entities with respect to size, 
mission, student population, and geographic 
distribution; 
‘‘(D) not limit the types of programs of 
study or courses of study approved for partici-
pation in a demonstration project; and 
‘‘(E) not select an eligible entity that has 
had, for 1 of the preceding 2 fiscal years, an 
adjusted cohort default rate (defined in section 
435(m)) that is 20 percent or greater. 
‘‘(e) WAIVERS AND OTHER FLEXIBILITY.— 
‘‘(1) IN GENERAL.—With respect to any eligible 
entity selected to carry out a demonstration project 
under this section, the Secretary may— 
‘‘(A) waive any requirements of the provi-
sions of law (including any regulations promul-
gated under such provisions) listed in para-
graph (2) for which the eligible entity has pro-
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vided a reason for waiving under subsection 
(b)(4)(F); or 
‘‘(B) provide other flexibility, but not 
waive, any requirements of the provisions of law 
(including any regulations promulgated under 
such provisions) listed in paragraph (3) for 
which the eligible entity has provided a reason 
for such flexibility under subsection (b)(4)(F). 
‘‘(2) PROVISIONS
ELIGIBLE
FOR
WAIVERS.— 
The Secretary may waive the following under para-
graph (1)(A): 
‘‘(A) Subparagraphs (A) and (B) of section 
102(a)(3). 
‘‘(B) Section 484(l)(1). 
‘‘(3) 
PROVISIONS
ELIGIBLE
FOR
FLEXI-
BILITY.—The Secretary may provide the flexibility 
described in paragraph (1)(B) with respect to the re-
quirements under provisions in title I, part F of this 
title, or this part, that inhibit the operation of a 
competency-based education program, relating to the 
following: 
‘‘(A) Documenting attendance. 
‘‘(B) Weekly academic activity. 
‘‘(C) Minimum weeks of instructional time. 
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‘‘(D) Requirements for credit hour or clock 
hour equivalencies. 
‘‘(E) Requirements for substantive inter-
action with faculty. 
‘‘(F) Definitions of the terms ‘academic 
year’, ‘full-time student’, ‘term’ (including 
‘standard term’, ‘non-term’, and ‘non-standard 
term’), ‘satisfactory academic progress’, ‘edu-
cational activity’, ‘project of study’, and ‘pay-
ment period’. 
‘‘(G) Methods of disbursing student finan-
cial aid by institutions of higher education se-
lected, as of the date of enactment of the Aim 
Higher Act, as experimental sites under section 
487A(b)(3) to carry out competency-based edu-
cation programs. 
‘‘(f) NOTIFICATION.—Not later than 9 months after 
the date of enactment, the Secretary shall make available 
to the authorizing committees and the public a list of eligi-
ble entities selected to carry out a demonstration project 
under this section, which shall include for each such eligi-
ble entity— 
‘‘(1) the specific waiver or other flexibility from 
statutory or regulatory requirements offered under 
subsection (e); and 
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‘‘(2) a description of the competency-based edu-
cation programs to be offered under the project. 
‘‘(g) INFORMATION AND EVALUATION.— 
‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligi-
ble entity that carries out a demonstration 
project under this section shall provide to the 
Director of the Institute of Education Sciences 
the student-level data for the students enrolled 
in a program described in subparagraph 
(C)(i)(I), the student-level data for the students 
enrolled in a program described in subpara-
graph (C)(i)(II), and the student-level data for 
students enrolled in a program described in 
subparagraph (C)(i)(III) to enable the Direc-
tor— 
‘‘(i) to determine the aggregate infor-
mation described in subparagraph (B) with 
respect to each such program; and 
‘‘(ii) to the extent practicable, to com-
pare the programs using a rigorous evalua-
tion, such as propensity score matching. 
‘‘(B) 
AGGREGATE
INFORMATION.—For 
purposes of the evaluation under paragraph (2), 
the Director shall use the student-level data 
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provided under subparagraph (A) by an eligible 
entity to determine the following information 
with respect to each program described in sub-
paragraph (C)(i) offered at such eligible entity: 
‘‘(i) The average number of credit 
hours students earned prior to enrollment 
in the program, if applicable. 
‘‘(ii) The number and percentage of 
students enrolled in a competency-based 
program that are also enrolled in programs 
of study or courses of study offered in 
credit hours or clock hours, disaggregated 
by student status as a first-year, second- 
year, third-year, fourth-year, or other stu-
dent. 
‘‘(iii) The average period of time be-
tween the enrollment of a student in the 
program and the first assessment of stu-
dent knowledge of such student. 
‘‘(iv) The average time to 25 percent, 
50 percent, 75 percent, 100 percent, 150 
percent, and 200 percent completion of a 
recognized educational credential. 
‘‘(v) The percentage of assessments of 
student knowledge that students passed on 
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the first attempt during the period of en-
rollment in the program. 
‘‘(vi) The percentage of assessments 
of student knowledge that students passed 
on the second attempt and the average pe-
riod of time between the first and second 
attempts during the period of enrollment 
in the program. 
‘‘(vii) The average number of com-
petencies a student acquired while enrolled 
in a program and the period of time during 
which the student acquired such com-
petencies. 
‘‘(viii) The number and percentage of 
students completing the program who find 
employment, disaggregated by number and 
percentage of such students finding em-
ployment in a field related to the program. 
‘‘(ix) The median student earnings 1, 
3, and 4 years after graduating from the 
program, if available. 
‘‘(x) Such other information as the 
Director may reasonably require. 
‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
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disaggregated as follows, provided that the 
disaggregation of the information does not iden-
tify any individual student: 
‘‘(i) For each eligible entity that car-
ries out a demonstration project under this 
section, disaggregation by— 
‘‘(I) the students enrolled in each 
competency-based education program 
under the project; 
‘‘(II) the students enrolled in 
each competency-based education pro-
gram not being carried out under the 
project; and 
‘‘(III) the students enrolled in a 
program not described in subclause 
(I) or (II). 
‘‘(ii) For each group of students de-
scribed in clause (i), disaggregation by age, 
race (as defined in section 153(a)(3) of the 
Education Sciences Reform Act of 2002 
(20 U.S.C. 9543)), gender, disability sta-
tus, students who are Veterans or service 
members, first generation college students, 
and status as a recipient of a Federal Pell 
Grant. 
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‘‘(D) COUNCIL.—The Director shall pro-
vide to the Competency-Based Education Coun-
cil any information described in subparagraph 
(A) or (B) (other than personally identifiable 
information) that may be necessary for the 
Council to carry out its duties under section 
4101(g) of the Aim Higher Act. 
‘‘(2) EVALUATION.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the Secretary and using the in-
formation determined under paragraph (1), 
shall annually evaluate each eligible entity car-
rying out a demonstration project under this 
section. Each evaluation shall be disaggregated 
in accordance with subparagraph (B) and in-
clude— 
‘‘(i) the extent to which the eligible 
entity has met the elements of its applica-
tion under subsection (b)(4); 
‘‘(ii) 
whether 
the 
demonstration 
project led to reduced cost or time to com-
pletion of a recognized educational creden-
tial, and the amount of cost or time re-
duced for such completion; 
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‘‘(iii) obstacles related to student fi-
nancial assistance for competency-based 
education; 
‘‘(iv) the extent to which statutory or 
regulatory requirements not waived or for 
which flexibility is not provided under sub-
section (e) presented difficulties or unin-
tended consequences for students or eligi-
ble entities; 
‘‘(v) a description of the waivers or 
flexibility provided under subsection (e) 
that were most beneficial to students or el-
igible entities, and an explanation of such 
benefits; 
‘‘(vi) the percentage of students who 
received each of the following— 
‘‘(I) a grant under this title; 
‘‘(II) a loan under this title; 
‘‘(III) a State grant; 
‘‘(IV) a State loan; 
‘‘(V) an institutional grant; 
‘‘(VI) an institutional loan; and 
‘‘(VII) a private loan; 
‘‘(vii) total cost and net cost to the 
student of the program; 
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‘‘(viii) the average outstanding bal-
ance of principal and interest on loans 
made under this title that students have 
upon graduation; 
‘‘(ix) the 3-year adjusted cohort de-
fault rate as defined under section 435(m); 
‘‘(x) the 1- and 3-year repayment rate 
of loans made under this title; 
‘‘(xi) the median student earnings 1, 
3, and 4 years after graduation; 
‘‘(xii) enrollment data, disaggregated 
by— 
‘‘(I) enrollment status, retention 
rates, credit accumulation, and com-
pletion rates for— 
‘‘(II) first-time, full-time stu-
dents; 
‘‘(III) first-time, part-time stu-
dents; 
‘‘(IV) nonfirst-time, full-time stu-
dents; 
‘‘(V) nonfirst-time, part-time stu-
dents; 
‘‘(VI) eligibility for Federal Pell 
Grants; 
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‘‘(VII) race (as defined in section 
153(a)(3) of the Education Sciences 
Reform Act of 2002 (20 U.S.C. 
9543)) and ethnicity; and 
‘‘(VIII) transfer rates; 
‘‘(xiii) a description of the assess-
ments of student knowledge and the cor-
responding competencies; 
‘‘(xiv) a description of the role of fac-
ulty and faculty involvement; and 
‘‘(xv) outcomes of the assessments of 
student knowledge. 
‘‘(B) DISAGGREGATION.—The data col-
lected under clauses (vi) through (xii) shall be 
disaggregated by each group of students de-
scribed in paragraph (1)(C)(i). 
‘‘(3) ANNUAL REPORT.—The Director, in con-
sultation with the Secretary, shall annually provide 
to the authorizing committees a report on— 
‘‘(A) the evaluations required under para-
graph (2); 
‘‘(B) the number and types of students re-
ceiving assistance under this title for com-
petency-based 
education 
programs 
offered 
under projects under this section; 
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‘‘(C) any proposed statutory or regulatory 
changes designed to support and enhance the 
expansion of competency-based education pro-
grams, which may be independent of or com-
bined with traditional credit hour or clock hour 
projects; 
‘‘(D) the most effective means of delivering 
competency-based education programs through 
projects under this section; and 
‘‘(E) the appropriate level and distribution 
methodology of Federal assistance under this 
title for students enrolled in a competency- 
based education program. 
‘‘(h) COORDINATION.—An eligible entity or the Di-
rector shall consult with the Secretary of Education or the 
Secretary of the Treasury to obtain the employment, earn-
ings, and loan information that may be necessary for pur-
poses of subsection (c)(2)(F) or subsection (g), respec-
tively. 
‘‘(i) OVERSIGHT.—In carrying out this section, the 
Secretary shall, on a continuing basis— 
‘‘(1) assure compliance of eligible entities with 
the requirements of this title (other than the provi-
sions of law and regulations that are waived under 
subsection (e)); 
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‘‘(2) provide technical assistance; 
‘‘(3) monitor fluctuations in the student popu-
lation enrolled in the eligible entities carrying out 
the demonstration projects under this section; 
‘‘(4) consult with appropriate accrediting agen-
cies or associations and appropriate State regulatory 
authorities for additional ways of improving the de-
livery of competency-based education programs; and 
‘‘(5) collect and disseminate to eligible entities 
carrying out a demonstration project under this sec-
tion, best practices with respect to such projects. 
‘‘(j) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally iden-
tifiable information in connection with this section to 
willfully disclose to any person (except as authorized 
in this Act or any Federal law) such personally iden-
tifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $5,000, im-
prisoned for not more than 5 years, or both, to-
gether with the costs of prosecution. 
‘‘(3) EMPLOYEE OR OFFICER OF THE UNITED 
STATES.—If a violation of paragraph (1) is com-
mitted by any officer or employee of the United 
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States, the officer or employee shall be dismissed 
from office or discharged from employment upon 
conviction for the violation. 
‘‘(4) SALE OF DATA PROHIBITED.—Data col-
lected under this section shall not be sold to any 
third party by the Director, any postsecondary insti-
tution, or any other entity. 
‘‘(5) LIMITATION ON USE BY OTHER FEDERAL 
AGENCIES.—The Director shall not allow any other 
Federal agency to use data collected under this sec-
tion for any purpose except as explicitly authorized 
by this Act. 
‘‘(6) LAW ENFORCEMENT.—Personally identifi-
able information collected under this section shall 
not be used for any law enforcement activity or any 
other activity that would result in adverse action 
against any student, including debt collection activ-
ity or enforcement of the immigration laws. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 to carry out 
this section. 
‘‘(l) DEFINITIONS.—For the purpose of this section: 
‘‘(1) COMPETENCY-BASED
EDUCATION
PRO-
GRAM.—The term ‘competency-based education pro-
gram’ means a program that provides competency- 
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based education for which the accrediting agency or 
association of the institution of higher education of-
fering such program has established or will establish 
the standards described in subsection (c) and, in ac-
cordance with such standards— 
‘‘(A) measures academic progress and at-
tainment by the assessment of student learning 
in lieu of, or in addition to, credit or clock 
hours; 
‘‘(B) measures and assesses such academic 
progress and attainment in terms of a student’s 
mastery of competencies by identifying what 
students know and the skills mastered through 
rigorous assessment; 
‘‘(C) determines and reports to the Sec-
retary the number of credit or clock hours that 
would be needed for the attainment of a similar 
level of knowledge, skills, and characteristics in 
a standard credit or clock hour program; 
‘‘(D) provides the educational content, ac-
tivities, support, and resources necessary to en-
able students to attain the knowledge, skills, 
and characteristics that are required to dem-
onstrate mastery of such competencies, includ-
ing— 
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‘‘(3) DURATION.—A planning grant authorized 
under this subsection shall be for the duration of 1 
year. 
‘‘(4) GRANT AMOUNTS.—Each planning grant 
authorized under this subsection shall be in an 
amount that is not more than $150,000. 
‘‘(c) IMPLEMENTATION GRANTS.— 
‘‘(1) IN GENERAL.—With funds made available 
for this part under section 757, the Secretary shall 
award implementation grants to enable eligible enti-
ties to further develop, pilot, field-test, implement, 
document, validate, and, as applicable, scale up and 
replicate, innovations described in section 751. 
‘‘(2) DURATION.—An implementation grant au-
thorized under this subsection shall be for a dura-
tion of 5 years, except that the Secretary may not 
continue providing funds under the grant after year 
3 of the grant period unless the eligible entity dem-
onstrates that the entity has achieved satisfactory 
progress toward carrying out the educational innova-
tions, activities, and projects described in their appli-
cation pursuant to section 754(d), as determined by 
the Secretary. 
‘‘(3) GRANT
AMOUNT.—Each implementation 
grant authorized under this subsection shall be in an 
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amount sufficient to enable the eligible entity to 
achieve the purposes of its proposed activities and 
projects, but shall not exceed $10,000,000. 
‘‘(d) SPECIAL RULES FOR CONSORTIUMS.— 
‘‘(1) FISCAL AGENT.— 
‘‘(A) IN GENERAL.—In the case of an eligi-
ble entity applying for a grant under this part 
as a consortium, each member of the consor-
tium shall agree on 1 such member of such eli-
gibility entity to serve as a fiscal agent of such 
entity. 
‘‘(B) RESPONSIBILITIES.—The fiscal agent 
of an eligible entity, as described in subpara-
graph (A), shall act on behalf of such entity in 
performing the financial duties of such entity 
under this part. 
‘‘(C) WRITTEN AGREEMENT.—The agree-
ment described in subparagraph (A) shall be in 
writing and signed by each member of the con-
sortium. 
‘‘(2) SUBGRANTS.—In the case of an eligible 
entity applying for a grant under this part as a con-
sortium, the fiscal agent for such entity (as de-
scribed in paragraph (1)) may use the funds pro-
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E:\BILLS\H6543.IH
H6543
pamtmann on DSKBFK8HB2PROD with BILLS