728 
‘‘(C) on public property; 
‘‘(D) in dormitories or other residential fa-
cilities for students on campus; or 
‘‘(E) at a location not described in items 
(A) through (D) of this clause, without regard to 
whether the institution owns or controls a build-
ing or property at the location. 
‘‘(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 Depart-
ment of State for such countries; and 
‘‘(C) the information described in para-
graph (a), provided specifically for each program 
of study abroad approved for credit by the insti-
tution in which the student is considering par-
ticipation; and 
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‘‘(2) provide each student who returns from such 
a program of study abroad with a post-trip debriefing 
session, including an exit interview that assists the 
institution in carrying out subsection (a). 
‘‘(c) LIMITATIONS.—An institution of higher education 
shall not disaggregate or otherwise distinguish information 
for purposes of subsection (a) or (b) in a case in which the 
number of students in a category is insufficient to yield 
statistically reliable information or the results would reveal 
personally identifiable information about an individual 
student. 
‘‘(d) REVIEW.—The Secretary shall periodically review 
a representative sample of the policies described in sub-
section (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 property’, 
and ‘public property’ shall have the same meaning as in 
section 485(f)(6).’’. 
SEC. 4614. REMEDIAL EDUCATION GRANTS. 
Part G of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1088 et seq.), as amended by the preceding sec-
tions, is further amended by inserting after section 486A 
(20 U.S.C. 1093a) the following: 
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‘‘SEC. 486B. REMEDIAL EDUCATION GRANTS. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN
GENERAL.—From the funds appro-
priated under subsection (k) (and not reserved under 
subsection (c)(4)), the Secretary, in consultation with 
the Director of the Institute of Education Sciences, 
shall award grants, on a competitive basis, to eligible 
entities to improve remedial education in higher edu-
cation. 
‘‘(2) DURATION.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(3) MINIMUM AWARDS.—The total amount of 
funds provided under each 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 re-
quire, 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, effec-
tive strategies for providing instruction to ensure that 
students are prepared for courses at the postsecondary 
level. 
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‘‘(2) An assurance that the eligible entity will 
use more than two measures (such as a student’s col-
lege entrance examination score, grade point average, 
high school course list, or a placement examination) 
to identify students in need of remedial education 
who may be eligible to participate in the remedial 
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-
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 subsection 
(h) to continually update and improve the program. 
‘‘(c) CONSULTATION
AND
INDEPENDENT
EVALUA-
TION.— 
‘‘(1) IN GENERAL.—Before selecting eligible enti-
ties to receive grants under this section for a fiscal 
year, the Secretary shall— 
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‘‘(A) ensure that the consultation required 
under paragraph (3) is carried out; and 
‘‘(B) consider the results of the consultation 
in selecting eligible entities to receive such 
grants. 
‘‘(2) CONTRACT
AUTHORITY.—The Secretary, 
acting through the Director, shall seek to enter into a 
contract with an independent evaluator under which 
the evaluator will provide the consultation and eval-
uation required under paragraph (3). 
‘‘(3) CONSULTATION AND INDEPENDENT EVALUA-
TION
REQUIRED.—The independent evaluator shall 
carry out the following activities: 
‘‘(A) CONSULTATION.—For each fiscal year 
of the grant program under this section, the 
independent evaluator shall consult with, and 
provide advice to, the Secretary regarding which 
eligible entities should receive grants under this 
section for such fiscal year. 
‘‘(B) EVALUATION.—Throughout the dura-
tion of the grant program under this section, the 
independent evaluator shall independently evalu-
ate the impact of the remedial education pro-
grams funded with the grants, which shall in-
clude evaluation of— 
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‘‘(i) the effectiveness of the remedial 
education programs in increasing course 
and degree completion at the postsecondary 
level; and 
‘‘(ii) the outcomes of the remedial edu-
cation programs within and among models 
of remedial education described in sub-
section (d). 
‘‘(4) RESERVATION.—The Secretary may reserve 
not more than 15 percent of the funds appropriated 
under subsection (k) for a fiscal year to carry out this 
subsection for such fiscal year. 
‘‘(d) 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 agency 
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 measure 
student readiness for courses at the postsec-
ondary level; or 
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734 
‘‘(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 edu-
cation; or 
‘‘(C) provides shortened, intensive courses or 
training to improve competencies of students for 
courses at the postsecondary level. 
‘‘(3) MODULAR INSTRUCTIONAL METHODS.—De-
veloping 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 devel-
opment. 
‘‘(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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735 
be provided through a modular instructional method) 
while also enrolled in a course at the postsecondary 
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 complete a course of study leading 
to a recognized educational credential within 
150 percent of the normal time for completion; 
and 
‘‘(B) may include financial supports, aca-
demic tutoring or support, and advising that en-
able students to find success in remedial edu-
cation and courses at the postsecondary level. 
‘‘(e) CONSIDERATIONS.—In awarding grants under 
this section, the Secretary, in consultation with the Direc-
tor, shall— 
‘‘(1) ensure— 
‘‘(A) a minimum of 30 eligible entities are 
awarded grants for each 5-year grant period; 
‘‘(B) an equitable geographic distribution of 
such grants, including an equitable distribution 
between urban and rural areas; and 
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‘‘(C) that grants are used to develop or im-
prove remedial education programs— 
‘‘(i) under each model described in sub-
section (d) to enable, to the extent prac-
ticable, statistical comparisons of the rel-
ative effectiveness of the models and the pro-
grams within each model; and 
‘‘(ii) for a range of types and sizes of 
institutions of higher education; and 
‘‘(2) give preference to eligible entities that pri-
marily serve low-income students. 
‘‘(f) 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 percent 
of the amount of the grant for the cost of activi-
ties assisted under the grant. 
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737 
‘‘(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 Republic 
of the Marshall Islands, the Federated 
States of Micronesia, or the Republic of 
Palau. 
‘‘(g) 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. 
‘‘(h) DATA COLLECTION, REPORTS, EVALUATIONS, AND 
DISSEMINATION.— 
‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligible 
entity that receives a grant under this section 
shall provide to the Director and the Secretary, 
on an annual basis for each year of the grant pe-
riod and for 5 years after such grant period, the 
student-level data with respect to the students 
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738 
who are or were enrolled in a remedial education 
program funded with the grant. The Director 
and the Secretary shall share such data with the 
independent evaluator to enable the evaluator, 
for each such year, to determine the information 
described in subparagraph (B) with respect to 
each such remedial education program. 
‘‘(B) AGGREGATE
STUDENT
DATA.—The 
independent evaluator shall determine, with re-
spect to each remedial education program for 
which an eligible entity provides student-level 
data under subparagraph (A), the following in-
formation: 
‘‘(i) The number of students who are or 
were enrolled in such remedial education 
program. 
‘‘(ii) The cost of such remedial edu-
cation program. 
‘‘(iii) The amount of grant or loan 
funds under this title awarded to students 
for enrollment in such remedial education 
program. 
‘‘(iv) The type of remedial education 
offered under the program. 
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‘‘(v) The length of time students spend 
in such remedial education program, as 
measured by semester, trimester, or clock 
hours. 
‘‘(vi) The number of students who com-
plete such remedial education program. 
‘‘(vii) Of the students who complete 
such remedial education program— 
‘‘(I) the number and percentage of 
such students who later enroll in post-
secondary-level courses at an institu-
tion of higher education; 
‘‘(II) the number and percentage 
of such students who receive a recog-
nized educational credential from an 
institution of higher education; 
‘‘(III) the average length of time 
required for a student described in sub-
clause (II) to complete the course of 
study leading to such credential; and 
‘‘(IV) the number and percentage 
of students described in subclause (II) 
who complete the course of study lead-
ing to such credential within 150 per-
cent of the normal time for completion. 
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740 
‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
disaggregated by race, gender, socioeconomic sta-
tus, Federal Pell Grant eligibility status, status 
as a first generation college student, veteran or 
active duty status, and disability status. 
‘‘(2) EVALUATION RESULTS.—Not later than six 
years after the first grant is awarded under this sec-
tion, the Director, in consultation with the Secretary 
and using the information determined under para-
graph (1), shall submit to the authorizing committees 
and make available on a publicly accessible website, 
a report on the results of the multiyear, rigorous, and 
independent evaluation of the impact of the remedial 
education programs carried out by the independent 
evaluator. The report shall include the results of such 
evaluation with respect to— 
‘‘(A) the effectiveness of the remedial edu-
cation programs in increasing course and degree 
completion at the postsecondary level; and 
‘‘(B) the outcomes of the remedial education 
programs within and among models of remedial 
education described in subsection (d). 
‘‘(3) REPORTS AND DISSEMINATION.— 
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741 
‘‘(A) INITIAL REPORT.—Not later than one 
year after the first grant is awarded under this 
section, the Secretary, in consultation with the 
independent evaluator, shall prepare and submit 
to the authorizing committees a report on each 
remedial education program funded under this 
section. 
‘‘(B) SUBSEQUENT
REPORT.—Not later 
than five years after the last grant is awarded 
under this section, the Secretary, in consultation 
with the independent evaluator, shall prepare 
and submit to the authorizing committees a re-
port that includes— 
‘‘(i) a review of the activities and pro-
gram performance of each remedial edu-
cation program funded under this section; 
and 
‘‘(ii) guidance and recommendations 
on how successful remedial education pro-
grams (as determined, at a minimum, by 
the number and percentage of remedial edu-
cation students who later complete a course 
of study at an institution of higher edu-
cation within 150 percent of the normal 
time for completion) can be replicated. 
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742 
‘‘(C) PUBLIC
AVAILABILITY.—The reports 
submitted under subparagraphs (A) and (B) 
shall be made available on a publicly accessible 
website of the Department of Education. 
‘‘(i) DATA PRIVACY.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person who obtains or has access to personally identi-
fiable information pursuant to this section to know-
ingly disclose to any person (except as authorized in 
this section or any Federal law) such personally iden-
tifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United States 
Code. 
‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED 
STATES.—If any officer or employee of the United 
States violates paragraph (1), the officer or employee 
shall be dismissed from office or discharged from em-
ployment upon conviction for the violation. 
‘‘(4) 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 activity or en-
forcement of the immigration laws. 
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743 
‘‘(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 enti-
ty’ 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 that term in section 402A(h). 
‘‘(4) 
INDEPENDENT
EVALUATOR.—The 
term 
‘independent evaluator’ means the independent eval-
uator with which the Secretary enters into a contract 
under subsection (c)(2). 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given that term in section 101. 
‘‘(6) REMEDIAL EDUCATION.—The term ‘reme-
dial education’— 
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744 
‘‘(A) means education (such as courses or 
training) offered at an institution of higher edu-
cation that— 
‘‘(i) is below the postsecondary level; 
and 
‘‘(ii) is determined by the institution 
to be necessary to help students be prepared 
for the pursuit of a first undergraduate bac-
calaureate degree, associate’s degree, or cer-
tificate or, in the case of courses in English 
language instruction, to be necessary to en-
able the student to utilize already existing 
knowledge, training, or skills; and 
‘‘(B) includes developmental education that 
meets the requirements of subparagraph (A). 
‘‘(7) TRIBAL
COLLEGE
OR
UNIVERSITY.—The 
term ‘Tribal College or University’ has the meaning 
given that term in section 316(b). 
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$162,500,000 for fiscal year 2021 and each of the 5 suc-
ceeding fiscal years.’’. 
SEC. 4615. COMPETENCY-BASED EDUCATION. 
(a) IN GENERAL.—Part G of title IV of the Higher 
Education Act of 1965 (20 U.S.C. 1088 et seq.), as amended 
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745 
by the preceding sections, is further amended by inserting 
after section 486B (as added by section 4614 of this Act) 
the following: 
‘‘SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRA-
TION PROJECTS. 
‘‘(a) DEMONSTRATION PROJECTS AUTHORIZED.—The 
Secretary shall select, in accordance with subsection (d), eli-
gible entities to voluntarily carry out competency-based 
education demonstration projects for a duration of 5 years 
and receive waivers or other flexibility described in sub-
section (e) to carry out such projects. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible entity desiring 
to carry out a demonstration project under this sec-
tion shall submit an application to the Secretary, at 
such time and in such manner as the Secretary may 
require. 
‘‘(2) OUTREACH.— 
‘‘(A) IN
GENERAL.—The Secretary shall, 
prior to any deadline to submit applications 
under paragraph (1), conduct outreach to insti-
tutions, including those described in subpara-
graph (B), to provide those institutions with in-
formation on the opportunity to apply to carry 
out a demonstration project under this section. 
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746 
‘‘(B) INSTITUTIONS.—The institutions de-
scribed in this subparagraph are the following: 
‘‘(i) Part B institutions (as defined in 
section 322). 
‘‘(ii) Hispanic-serving institutions (as 
defined in section 502). 
‘‘(iii) Tribal Colleges or Universities 
(as defined in section 316). 
‘‘(iv) Alaska Native-serving institu-
tions (as defined in section 317(b)). 
‘‘(v) Native Hawaiian-serving institu-
tions (as defined in section 317(b)). 
‘‘(vi) Predominantly Black Institutions 
(as defined in section 318). 
‘‘(vii) Asian American and Native 
American Pacific Islander-serving institu-
tions (as defined in section 320(b)). 
‘‘(viii) Native American-serving, non-
tribal institutions (as defined in section 
319). 
‘‘(ix) Institutions predominately serv-
ing adult learners. 
‘‘(x) Institutions serving students with 
disabilities. 
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747 
‘‘(xi) Institutions located in rural 
areas. 
‘‘(3) AMENDMENTS.— 
‘‘(A) IN GENERAL.—An eligible entity that 
has been selected to carry out a demonstration 
project under this section may submit to the Sec-
retary amendments to the eligible entity’s ap-
proved 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.—Notwith-
standing the assurance required with respect to 
maximum enrollment under paragraph (4)(N)— 
‘‘(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 amendment to 
the eligible entity’s application under para-
graph (1) to increase enrollment in the 
project to more than 3,000 students, but not 
more than 5,000 students, and which shall 
specify— 
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748 
‘‘(I) the proposed maximum en-
rollment 
and 
annual 
enrollment 
growth for the project; 
‘‘(II) how the eligible entity will 
successfully carry out the project with 
such maximum enrollment and 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 demonstra-
tion project based on the project’s evalua-
tions 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 alignment of the 
proposed competency-based education program to 
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749 
the institution’s mission, and evidence of institu-
tional commitment to such program; 
‘‘(C) a description of how each program 
will work with employers and local industry to 
assess and incorporate competencies that are rel-
evant in the labor market and how the program 
aligns with employer needs; 
‘‘(D) a description of the proposed academic 
design, academic and support services, delivery, 
business, and financial models for the dem-
onstration project, including explanations and 
supporting documents, including financial state-
ments, and, any revenue-sharing agreements 
with third-party servicers or online program 
managers, of how each competency-based edu-
cation program offered under the demonstration 
project will— 
‘‘(i) result in the achievement of com-
petencies; 
‘‘(ii) differ from standard credit hour 
approaches, in whole or in part; 
‘‘(iii) result in lower costs of a certifi-
cate or degree; and 
‘‘(iv) result in shortened time to com-
pletion of a certificate or degree; 
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750 
‘‘(E) a description of how each competency- 
based education program offered under the dem-
onstration project will award academic credit to 
advance the progress of a student toward comple-
tion of a certificate or degree that is portable 
and used by in-demand employers for making 
employment decisions; 
‘‘(F) a description of how each credit-bear-
ing competency-based education program offered 
under the demonstration project is aligned with 
a career pathway; 
‘‘(G) a description of the meaningful role of 
the appropriate instructors of the eligible entity 
in the development, design, implementation, de-
livery, and evaluation of each such competency- 
based education program; 
‘‘(H) a description of how each such com-
petency-based education program will provide 
strong post-enrollment job placement, earnings, 
and loan repayment outcomes; 
‘‘(I) a description of how the eligible entity 
will facilitate transfer, postsecondary study, and 
employer understanding by articulating a com-
petency-based transcript from a competency- 
based education program offered under the dem-
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onstration project to a credit hour transcript at 
another program at the eligible entity and to 
other institutions of higher education; 
‘‘(J) a description of the statutory and reg-
ulatory requirements described in subsection (e) 
for which the eligible entity is seeking a waiver 
or other flexibility, and why such waiver or flexi-
bility is necessary to carry out the demonstra-
tion project; 
‘‘(K) a description of indicators of a pro-
gram’s effectiveness to inform how a third party 
will reliably assess student learning for each 
competency-based education program offered 
under the demonstration project; 
‘‘(L) 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 
whether there is a relationship between the com-
petency unit and a traditional credit or clock 
hour, the average time it takes to earn a com-
petency, how such competencies and assessments 
are aligned with workforce needs and any other 
considerations the institution made when it de-
veloped its unit of competency; 
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‘‘(M) a description of the proposal for deter-
mining 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; 
‘‘(N) an assurance that the demonstration 
project at each eligible entity— 
‘‘(i) will enroll a minimum of 25 stu-
dents and a maximum of 3,000 students or, 
in the case of an eligible entity with an ap-
plication amendment approved under para-
graph (3)(B), the maximum enrollment ap-
proved under such paragraph; 
‘‘(ii) will identify and disseminate best 
practices with respect to the demonstration 
project to the Secretary and to other eligible 
entities carrying out a demonstration 
project under this section; 
‘‘(iii) operates under an agreement 
with the accrediting agency or association 
of the eligible entity to establish the stand-
ards described in subsection (c); and 
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‘‘(iv) uses available funds solely for 
purposes of awarding academic credit to el-
igible students based on the achievement of 
competencies and for the related costs or fees 
of demonstrating the achievement of com-
petencies; 
‘‘(O) 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 (as prac-
ticable) by students who are Federal Pell Grant 
recipients, students of color, Native students, stu-
dents with disabilities, students who are veterans 
or members of the Armed Forces, adult learners, 
and first generation college students, and how 
such eligible entity will, when appropriate, ad-
dress the specific needs of each such population 
of students when carrying out the demonstration 
project; 
‘‘(P) a description of outreach and commu-
nication activities to students who may benefit 
under the demonstration project, including those 
described in subparagraph (O); 
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‘‘(Q) a description of how the institution is 
ensuring that students participating in the dem-
onstration project will not, on average, be eligible 
for more or less Federal assistance under this 
title than such students would have been eligible 
for under a program measured in credit or clock 
hours; 
‘‘(R) 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 described in 
paragraphs (1) through (13) of section 472, and 
the estimated amount of the cost of attendance of 
each such program to be covered by need-based 
grant aid and merit-based grant aid from Fed-
eral, State, institutional, and private sources; 
‘‘(S) a description of other competency- 
based education programs the eligible entity of-
fers or plans to offer outside of the demonstration 
project; 
‘‘(T) a description of how the eligible entity 
will use data to— 
‘‘(i) ensure that each competency-based 
education program under the demonstration 
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project meets the benchmarks established in 
accordance with subsection (c)(2)(E); 
‘‘(ii) confirm relevancy of competencies 
in the labor market; and 
‘‘(iii) improve each such program; and 
‘‘(U) other such elements as the Secretary 
may require. 
‘‘(c) RECOGNITION BY ACCREDITING AGENCY OR ASSO-
CIATION.—Unless a program has already been recognized 
as a direct assessment program by the accrediting agency 
or association of the eligible entity, in order to carry out 
a competency-based education program under a demonstra-
tion project under this section, an eligible entity shall in-
clude in its application under subsection (b), a letter from 
the accrediting agency or association of the eligible entity 
that describes how it will establish and enforce 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 dem-
onstrate competencies that are— 
‘‘(A) capable of being validly and reliably 
assessed; and 
‘‘(B) appropriate in scope and rigor for the 
award of the relevant certificate or degree. 
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‘‘(2) Standards for determining whether the eli-
gible entity or the program demonstrate— 
‘‘(A) the administrative capacity and exper-
tise 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 support)— 
‘‘(i) to enable students to learn or de-
velop what is required to demonstrate or at-
tain mastery of competencies; and 
‘‘(ii) that are consistent with the quali-
fications of graduates of traditional pro-
grams; 
‘‘(C) that the quality of demonstration of 
competence is judged at mastery for each com-
petency that is assessed for the award of a cer-
tificate or degree; 
‘‘(D) a standard for the amount of learning 
that is included in a unit of competency; 
‘‘(E) reasonable, clear, and actionable 
benchmarks for graduation rates and the employ-
ment and earnings of graduates, including job 
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placements in a field for which the program pre-
pares students, debt-to-earnings ratios, loan re-
payment rates, and student satisfaction; 
‘‘(F) regular evaluation of whether the pro-
gram meets the benchmarks under subparagraph 
(E), and address what may be the cause with 
identified interventions; and 
‘‘(G) that students may not receive a subse-
quent disbursement until they have completed the 
anticipated number of credits for the payment 
period. 
‘‘(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 after 4 consecutive title IV 
payment periods, including standards for providing 
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 described in 
section 496(a)(6)(B); and 
‘‘(B) for the eligible entity or program to 
appeal any adverse action under this subpara-
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graph before an appeals panel that meets the re-
quirements of section 496(a)(6)(C). 
‘‘(d) SELECTION.— 
‘‘(1) IN GENERAL.—Not later than 12 months 
after the date of enactment of the College Affordability 
Act, the Secretary shall select not more than 100 eligi-
ble entities to carry out a demonstration project 
under this section under which at least 1 competency- 
based education program is offered at each eligible en-
tity. 
‘‘(2) CONSIDERATIONS.—In selecting eligible en-
tities 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 el-
igible entity’s application under subsection 
(b); 
‘‘(ii) commitment and ability to effec-
tively finance the demonstration project; 
‘‘(iii) ability to provide administrative 
capability and the expertise to evaluate stu-
dent progress based on measures other than 
credit hours or clock hours; 
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‘‘(iv) history of compliance with the re-
quirements of this Act; 
‘‘(v) commitment to work with the Di-
rector and the Secretary to evaluate the 
demonstration project and the impact of the 
demonstration 
project 
under 
subsection 
(g)(2); 
‘‘(vi) commitment and ability to assess 
student learning through a third party; 
‘‘(vii) commitment of the accrediting 
agency or association of the eligible entity 
to establish and enforce the standards de-
scribed in subsection (c); and 
‘‘(viii) commitment to collaboration 
with an employer advisory group or specific 
employers to determine how the demonstra-
tion project will meet employer needs; 
‘‘(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 participa-
tion in a demonstration project; and 
‘‘(E) not select an eligible entity— 
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‘‘(i) that, for 1 of the preceding 2 fiscal 
years— 
‘‘(I) had an adjusted cohort de-
fault rate (defined in section 435(m)) 
that is 20 percent or greater; 
‘‘(II) failed to meet the require-
ment under section 487(a)(24); or 
‘‘(III) was— 
‘‘(aa) under probation or an 
equivalent status from the accred-
iting agency or association of the 
eligible entity; 
‘‘(bb) under sanction from 
the authorization agency of the 
State in which the eligible entity 
is located; or 
‘‘(cc) under public investiga-
tion or facing a pending lawsuit 
from a State or Federal agency; 
‘‘(ii) if the Department has concerns 
with the entity’s compliance based on pro-
gram reviews or audits; or 
‘‘(iii) if the eligible entity fails to meet 
the financial responsibility standards pre-
scribed by the Secretary in accordance with 
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section 498(c) or is placed on a reimburse-
ment payment method by the Secretary. 
‘‘(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 paragraph 
(2) for which the eligible entity has provided a 
reason for waiving under subsection (b)(4)(J); or 
‘‘(B) provide other flexibility, but not waive, 
any requirements of the provisions of law (in-
cluding any regulations promulgated under such 
provisions) listed in paragraph (3) for which the 
eligible entity has provided a reason with which 
the Secretary agrees for such flexibility under 
subsection (b)(4)(J). 
‘‘(2) PROVISIONS ELIGIBLE FOR WAIVERS.—The 
Secretary may waive the following under paragraph 
(1)(A): 
‘‘(A) Subparagraphs (A) and (B) of section 
102(a)(3). 
‘‘(B) Section 484(l)(1). 
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‘‘(3) PROVISIONS ELIGIBLE FOR FLEXIBILITY.— 
The Secretary may provide the flexibility described in 
paragraph (1)(B) with respect to the requirements 
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. 
‘‘(D) Requirements for credit hour or clock 
hour equivalencies if an institution proposes a 
measure clearly defined in its application that 
accounts for the academic intensity of study. 
‘‘(E) Requirements for regular and sub-
stantive interaction with the instructor. 
‘‘(F) Definitions of the terms ‘academic 
year’, ‘full-time student’, ‘part-time student’, 
‘term’ (including ‘standard term’, ‘non-term’, 
and ‘non-standard term’), ‘satisfactory academic 
progress’, ‘educational activity’, ‘program of 
study’, and ‘payment period’. 
‘‘(G) Methods of disbursing student finan-
cial aid by institutions of higher education se-
lected, as of the date of enactment of the College 
Affordability Act, as experimental sites under 
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section 487A to carry out competency-based edu-
cation programs. 
‘‘(H) Restrictions regarding concurrent stu-
dent enrollment in Direct Assessment and non- 
Direct Assessment programs. 
‘‘(4) MEASUREMENT OF ACTIVITY OR ACADEMIC 
WORK.—An institution granted flexibility under 
paragraph (3) related to requirements for credit hour 
or clock hour equivalencies shall include a measure-
ment of activity or academic ‘work’ by students as 
considered comparable to the standard practice for 
measuring credit or clock hours for these areas. 
‘‘(f) NOTIFICATION.—Not later than 9 months after the 
date of enactment of the College Affordability Act, the Sec-
retary shall make available to the authorizing committees 
and the public a list of eligible entities selected to carry 
out a demonstration project under this section, which shall 
include for each such eligible entity— 
‘‘(1) the specific waiver or other flexibility from 
statutory or regulatory requirements offered under 
subsection (e); and 
‘‘(2) a description of the competency-based edu-
cation programs, and its associated accreditation 
standards, to be offered under the project. 
‘‘(g) INFORMATION AND EVALUATION.— 
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‘‘(1) INFORMATION.— 
‘‘(A) STUDENT-LEVEL DATA.—Each eligible 
entity that carries out a demonstration project 
under this section shall provide to the Director 
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 subparagraph (C)(i)(II), 
and the student-level data for students enrolled 
in a program described in subparagraph 
(C)(i)(III) to enable the Director— 
‘‘(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 pur-
poses of the evaluation under paragraph (2), the 
Director shall use the student-level data provided 
under subparagraph (A) by an eligible entity to 
determine the following information with respect 
to each program described in subparagraph 
(C)(i) offered at such eligible entity: 
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‘‘(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 
education program that are also enrolled in 
programs of study or courses of study of-
fered in credit hours or clock hours, 
disaggregated by student status as a first- 
year, second-year, third-year, fourth-year, 
or other student. 
‘‘(iii) The average period of time be-
tween the enrollment of a student in the 
program and the first assessment of student 
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 
certificate or degree. 
‘‘(v) The number and percentage of 
students who begin in a certain cohort and 
complete a certificate or degree. 
‘‘(vi) The number and percentage of 
students who begin in a certain cohort and 
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withdraw without completing a certificate 
or degree. 
‘‘(vii) The number and percentage of 
students who begin in a certain cohort who 
reach 25 percent, 50 percent, 75 percent, 
and 100 percent completion of a certificate 
or degree. 
‘‘(viii) The number and percentage of 
students who begin in a certain cohort who 
re-enroll in a second period. 
‘‘(ix) The median number of com-
petencies completed per period. 
‘‘(x) The average number of attempts it 
takes students to pass all assessments of stu-
dent knowledge during the period of enroll-
ment in the program. 
‘‘(xi) The percentage of summative as-
sessments of student competence that stu-
dents passed on the first attempt during the 
period of enrollment in the program. 
‘‘(xii) The percentage of summative as-
sessments of student competence that stu-
dents passed on the second attempt and the 
average period of time between the first and 
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second attempts during the period of enroll-
ment in the program. 
‘‘(xiii) The average number of com-
petencies a student acquired and dem-
onstrated while enrolled in a program and 
the period of time during which the student 
acquired such competencies. 
‘‘(xiv) The number and percentage of 
students completing the program who find 
employment that lasts not less than 6 
months within 6 months of graduation, 
disaggregated by number and percentage of 
such students finding employment in a field 
related to the program. 
‘‘(xv) Student job placement rates 1, 2, 
and 3 years after graduating from the pro-
gram, if available. 
‘‘(xvi) The median student earnings 1, 
2, and 3 years after graduating from the 
program, if available. 
‘‘(xvii) The number and percentage of 
students completing the program who con-
tinue their education. 
‘‘(xviii) Such other information as the 
Director may reasonably require. 
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‘‘(C) DISAGGREGATION.—The information 
determined under subparagraph (B) shall be 
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 program 
not being carried out under the project, 
if the eligible entity has a competency- 
based education program 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 
prior postsecondary experience, age group, 
race, gender, disability status, students who 
are Veterans or servicemembers, first gen-
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eration college students, full-time and part- 
time enrollment, and status as a recipient 
of a Federal Pell Grant. 
‘‘(D) COUNCIL.—The Director shall provide 
to the Competency-Based Education Council any 
information described in subparagraph (A) or 
(B) (other than personally identifiable informa-
tion) that may be necessary for the Council to 
carry out its duties under section 4616(e) of the 
College Affordability Act. 
‘‘(2) EVALUATION.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the Secretary and using the infor-
mation determined under paragraph (1), shall 
annually evaluate each eligible entity carrying 
out a demonstration project under this section. 
Each evaluation shall be disaggregated in ac-
cordance with subparagraph (B) and include— 
‘‘(i) the extent to which the eligible en-
tity has met the elements of its application 
under subsection (b)(4); 
‘‘(ii) whether the demonstration project 
led to reduced cost, including as reflected by 
median debt levels, or time to completion of 
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a certificate or degree, and the amount of 
cost or time reduced for such completion; 
‘‘(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 eligible 
entities; 
‘‘(v) a description of the waivers or 
flexibility provided under subsection (e) 
that were most beneficial to students or eli-
gible entities, and an explanation of such 
benefits; 
‘‘(vi) the percentage of students who re-
ceived 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; 
‘‘(VII) a private loan; and 
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‘‘(VIII) an employer grant or sub-
sidy; 
‘‘(vii) median annual total cost and 
net cost to the student of the program; 
‘‘(viii) median total cost and net cost 
of the credential and associated examina-
tion or licensure calculated upon comple-
tion; 
‘‘(ix) median outstanding balance of 
principal and interest on loans made under 
this title that students have upon gradua-
tion; 
‘‘(x) the median 3-year adjusted cohort 
default rate as defined under section 
435(m); 
‘‘(xi) the median 1-year and 3-year re-
payment rate of loans made under this title; 
‘‘(xii) the median student earnings 1, 
3, and 4 years after graduation; 
‘‘(xiii) a description of the curricular 
infrastructure, including assessments of stu-
dent knowledge and the corresponding com-
petencies; 
‘‘(xiv) a description of the role of fac-
ulty and faculty involvement; and 
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‘‘(xv) outcomes of the assessments of 
student competency. 
‘‘(B) DISAGGREGATION.—The data collected 
under clauses (vi) through (xii) shall be 
disaggregated by each group of students described 
in paragraph (1)(C). 
‘‘(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; 
‘‘(C) any proposed statutory or regulatory 
changes designed to support and enhance the ex-
pansion 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 
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‘‘(E) the appropriate level and distribution 
methodology of Federal assistance under this title 
for students enrolled in a competency-based edu-
cation program. 
‘‘(h) COORDINATION.—An eligible entity or the Direc-
tor shall consult with the Secretary of Education or the Sec-
retary of the Treasury to obtain the employment, earnings, 
and loan information that may be necessary for purposes 
of subsection (c)(2)(F) or subsection (g), respectively. 
‘‘(i) OVERSIGHT.—In carrying out this section, the 
Secretary shall, at least twice annually— 
‘‘(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)); 
‘‘(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 
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‘‘(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 identi-
fiable information pursuant to this section to know-
ingly disclose to any person (except as authorized in 
this section or any Federal law) such personally iden-
tifiable information. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined under title 18, United States 
Code. 
‘‘(3) OFFICER OR EMPLOYEE OF THE UNITED 
STATES.—If any officer or employee of the United 
States violates paragraph (1), the officer or employee 
shall be dismissed from office or discharged from em-
ployment upon conviction for the violation. 
‘‘(4) 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 activity or en-
forcement of the immigration laws. 
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‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 to the Depart-
ment to carry out the project under this section. 
‘‘(l) DEFINITIONS.—For the purpose of this section: 
‘‘(1) CAREER PATHWAY.—The term ‘career path-
way’ has the meaning given the term in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
‘‘(2) 
COMPETENCY.—The 
term 
‘competency’ 
means the knowledge, skill, and abilities demonstrated 
for a particular program of study. 
‘‘(3) 
COMPETENCY-BASED
EDUCATION
PRO-
GRAM.—The term ‘competency-based education pro-
gram’ means a postsecondary program that provides 
competency-based education for which the accrediting 
agency or association of the institution of higher edu-
cation offering such program has established or will 
establish the standards described in subsection (c) 
and, in accordance with such standards— 
‘‘(A) measures academic progress and cre-
dential attainment 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 
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mastery of competencies by identifying what stu-
dents know and the skills mastered through rig-
orous 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 develop and attain the com-
petencies that are required to demonstrate mas-
tery of such competencies, including a system for 
monitoring a student’s engagement and progress 
in each competency, in which faculty are respon-
sible for providing proactive academic assist-
ance, when needed, on the basis of such moni-
toring; 
‘‘(E) upon a student’s demonstration or 
mastery of a set of competencies identified and 
required by the institution, leads to or results in 
the awarding of a certificate or degree; 
‘‘(F) ensures that funds received under this 
title may be used only for learning that results 
from instruction provided or overseen by the in-
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stitution and not for the portion of the program 
of which the student has demonstrated mastery 
prior to enrollment in the program or tests of 
learning that are not associated with educational 
activities overseen by the institution; 
‘‘(G) is organized in a manner that an in-
stitution can determine, based on the method of 
measurement selected by the institution, and ap-
proved by the accreditor as described in sub-
section (c), what constitutes a full-time, three- 
quarter time, half-time, and less than half-time 
workload for the purposes of awarding and ad-
ministering assistance under this title, or assist-
ance provided under another provision of Fed-
eral law to attend an institution of higher edu-
cation; and 
‘‘(H) may use a disaggregated faculty model 
in which the educational responsibilities for an 
academic course are divided among a number of 
individuals, each performing specific tasks essen-
tial to instruction, including curriculum design, 
content delivery, and student assessment. 
‘‘(4) DIRECTOR.—The term ‘Director’ means the 
Director of the Institute of Education Sciences. 
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778 
‘‘(5) DUAL OR CONCURRENT ENROLLMENT PRO-
GRAM.—The term ‘dual or concurrent enrollment pro-
gram’ has the meaning given the term in section 8101 
of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’ means an institution of higher education, which 
may be an institution of higher education that offers 
a dual or concurrent enrollment program. 
‘‘(7) FIRST GENERATION COLLEGE STUDENT.— 
The term ‘first generation college student’ has the 
meaning given the term in section 402A(h)(3). 
‘‘(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘institution of higher education’ has the meaning 
given the term in section 102, except that such term 
does not include institutions described in section 
102(a)(1)(C).’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this section 
or the amendments made by this section shall be construed 
to alter the authority of the Secretary of Education to estab-
lish experimental sites under any other provision of law. 
SEC. 4616. COMPETENCY-BASED EDUCATION COUNCIL. 
(a) ESTABLISHMENT
OF
A COMMITTEE
ON COM-
PETENCY-BASED EDUCATION.—Not later than 6 months 
after the date of enactment of this Act, there shall be estab-
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lished the Competency-Based Education Council (referred 
to in this section as the ‘‘Council’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Council shall be com-
posed of— 
(A) 3 individuals appointed by the Sec-
retary of Education; 
(B) 2 individuals appointed by the Director 
of the Bureau of Consumer Financial Protection; 
(C) not less than 8 and not more than 13 
individuals appointed by the Comptroller Gen-
eral of the United States, representing— 
(i) experts in competency-based edu-
cation; 
(ii) faculty members in competency- 
based education programs; 
(iii) faculty members in non-com-
petency based education programs; 
(iv) administrators at institutions that 
offer competency-based education programs; 
(v) individuals currently enrolled in or 
graduated from a competency-based edu-
cation program; 
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780 
(vi) accrediting agencies or associa-
tions that recognize competency-based edu-
cation programs; 
(vii) experts from State educational 
agencies; and 
(viii) business and industry represent-
atives; and 
(D) 4 members appointed by— 
(i) the Majority Leader of the Senate; 
(ii) the Minority Leader of the Senate; 
(iii) the Speaker of the House of Rep-
resentatives; and 
(iv) the Minority Leader of the House 
of Representatives. 
(2) CHAIRPERSON.—The Council shall select a 
Chairperson from among its members. 
(3) VACANCIES.—Any vacancy in the Council 
shall not affect the powers of the Council and shall be 
filled in the same manner as an initial appointment. 
(c) MEETINGS.—The Council shall hold, at the call of 
the Chairperson, not less than 6 meetings before completing 
the study required under subsection (e) and the report re-
quired under subsection (f). 
(d) PERSONNEL MATTERS.— 
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781 
(1) COMPENSATION OF MEMBERS.—Each mem-
ber of the Council shall serve without compensation in 
addition to any such compensation received for the 
member’s service as an officer or employee of the 
United States, if applicable. 
(2) TRAVEL
EXPENSES.—The members of the 
Council shall be allowed travel expenses, including 
per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter 1 of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance of services for the Council. 
(e) DUTIES OF THE COUNCIL.— 
(1) STUDY.—The Council shall conduct a study 
on the ongoing innovation and development of com-
petency-based education programs. 
(2) RECOMMENDATIONS.—Based on the findings 
of the study under paragraph (1), and the annual 
evaluations of the demonstration projects under sec-
tion 486C of the Higher Education Act of 1965, as 
added by section 4615 of this Act, the Council shall 
develop recommendations for the authorization of 
competency-based education under the Higher Edu-
cation Act of 1965, including recommendations 
that— 
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782 
(A) provide or update standard definitions, 
if needed, for relevant terms, including— 
(i) competency-based education; 
(ii) competency-based education pro-
gram including quality indicators, that in-
clude appropriate student outcome metrics, 
for such programs; and 
(iii) any other relevant definitions 
agreed upon; and 
(B) address— 
(i) the amount of learning in a com-
petency unit; 
(ii) the transfer of competency-based 
education credits to other institutions or 
programs; 
(iii) the minimum amount of time in 
an academic year for competency-based edu-
cation programs, for financial aid purposes; 
(iv) considerations for accreditation 
agencies before recognizing competency- 
based education programs; 
(v) address the role of faculty and fac-
ulty involvement in competency-based edu-
cation programs; 
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783 
(vi) additional resources that may be 
needed for adequate oversight of com-
petency-based education programs; and 
(vii) the responsiveness of competencies 
to the labor market and employers. 
(f) REPORTS.— 
(1) INTERIM REPORTS.—Not later than 2 years 
after the date of enactment of this Act, and biennially 
thereafter until the final report is submitted under 
paragraph (2), the Council shall prepare and submit 
to the Secretary of Education and Congress, and 
make available to the public, a report that provides 
ongoing feedback to the annual evaluations of the 
demonstration projects under section 486C(g)(2) of 
the Higher Education Act of 1965, as added by sec-
tion 4615 of this Act, including a discussion of imple-
mentation challenges programs face, and the items 
listed in subsection (e)(2)(B). 
(2) FINAL REPORT.—Not later than 6 years after 
the date of enactment of this Act, the Council shall 
prepare and submit to the Secretary of Education 
and Congress, and make available to the public, a re-
port containing the findings of the study under sub-
section (e)(1) and the recommendations developed 
under subsection (e)(2). 
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784 
SEC. 4617. WRITTEN ARRANGEMENTS TO PROVIDE EDU-
CATIONAL PROGRAMS. 
Part G of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1088 et seq.) is amended by inserting after sec-
tion 486C (as added by section 4615 of this Act) the fol-
lowing: 
‘‘SEC. 486D. WRITTEN ARRANGEMENTS TO PROVIDE EDU-
CATIONAL PROGRAMS. 
‘‘(a) WRITTEN ARRANGEMENTS BETWEEN ELIGIBLE 
INSTITUTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if an eligible institution enters into a writ-
ten arrangement with another eligible institution, or 
with a consortium of eligible institutions, under 
which the other eligible institution or consortium pro-
vides part of the educational program to students en-
rolled in the first institution, the Secretary shall con-
sider that educational program to be an eligible pro-
gram if the educational program offered by the insti-
tution that grants the degree or certificate otherwise 
satisfies the requirements for eligibility under this 
title. 
‘‘(2) COMMON OWNERSHIP OR CONTROL.—If the 
written arrangement described in paragraph (1) is 
between two or more eligible institutions that are 
owned or controlled by the same individual, partner-
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785 
ship, or corporation, the Secretary shall consider the 
educational program to be an eligible program if— 
‘‘(A) the educational program offered by the 
institution that grants the degree or certificate 
otherwise satisfies the requirements for eligibility 
under this title; and 
‘‘(B) the institution that grants the degree 
or certificate provides more than 50 percent of 
the educational program. 
‘‘(b) 
WRITTEN
ARRANGEMENTS
FOR
STUDY- 
ABROAD.—Under a study abroad program, if an eligible in-
stitution enters into a written arrangement under which 
an institution in another country, or an organization act-
ing on behalf of an institution in another country, provides 
part of the educational program of students enrolled in the 
eligible institution, the Secretary considers that educational 
program to be an eligible program if it otherwise satisfies 
the requirements of paragraphs (1) through (3) of subsection 
(c). 
‘‘(c) WRITTEN ARRANGEMENTS BETWEEN AN ELIGI-
BLE INSTITUTION AND AN INELIGIBLE INSTITUTION OR OR-
GANIZATION.—If an eligible institution enters into a writ-
ten arrangement with an institution or organization that 
is not an eligible institution under which the ineligible in-
stitution or organization provides part of the educational 
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786 
program of students enrolled in the eligible institution, the 
Secretary shall consider that educational program to be an 
eligible program if— 
‘‘(1) the ineligible institution or organization 
has not— 
‘‘(A) had its eligibility to participate in the 
programs under this title terminated by the Sec-
retary; 
‘‘(B) voluntarily withdrawn from partici-
pation programs under this title under a termi-
nation, show-cause, suspension, or similar type 
proceeding initiated by the institution’s State li-
censing agency, accrediting agency, guarantor, 
or by the Secretary; 
‘‘(C) had its certification to participate in 
programs under this title revoked by the Sec-
retary; 
‘‘(D) had its application for re-certification 
to participate in programs under this title de-
nied by the Secretary; or 
‘‘(E) had its application for certification to 
participate in programs under this title denied 
by the Secretary; 
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‘‘(2) the ineligible institution or organization 
does not have any role in the admission of students 
into the educational program; 
‘‘(3) the educational program offered by the in-
stitution that grants the degree or certificate otherwise 
satisfies the requirements for eligibility under this 
title; and 
‘‘(4)(A) the ineligible institution or organization 
provides 25 percent or less of the educational pro-
gram; or 
‘‘(B)(i) the ineligible institution or organization 
provides more than 25 percent but less than 50 per-
cent of the educational program; 
‘‘(ii) the eligible institution and the ineligible in-
stitution or organization are not owned or controlled 
by the same individual, partnership, or corporation; 
‘‘(iii) the eligible institution’s accrediting agen-
cy, or if the institution is a public postsecondary vo-
cational educational institution, the State agency de-
termined by the Secretary to be a reliable authority 
as to the quality of public postsecondary vocational 
education pursuant to section 487(c)(4), has specifi-
cally determined that the institution’s arrangement 
meets the agency’s standards for the contracting out 
of educational services; and 
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788 
‘‘(iv) the eligible institution provides to the Sec-
retary the institution’s expenditures on instruction, 
student services, marketing, recruitment, advertising, 
and 
lobbying 
made 
available 
under 
section 
132(i)(1)(AA) with respect to the portion of the edu-
cational program covered by the written arrangement. 
‘‘(d) ADMINISTRATION OF TITLE IV PROGRAMS.— 
‘‘(1) IN GENERAL.—If an institution enters into 
a written arrangement as described in subsection (a), 
subsection (b), or subsection (c), except as provided in 
paragraph (2), the institution at which the student is 
enrolled as a regular student shall determine the stu-
dent’s eligibility for funds under this title, and shall 
calculate and disburse those funds to that student. 
‘‘(2) SPECIAL
RULE
FOR
ARRANGEMENTS
BE-
TWEEN ELIGIBLE INSTITUTIONS.—In the case of a 
written arrangement between eligible institutions, the 
institutions may agree in writing to have any eligible 
institution in the written arrangement calculate and 
disburse funds under this title to the student and the 
Secretary shall not consider that institution to be a 
third party servicer for that arrangement. 
‘‘(3) CALCULATION
AND
DISBURSEMENT.—The 
institution that calculates and disburses a student’s 
funds under paragraph (1) or paragraph (2) must— 
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789 
‘‘(A) take into account all the hours in 
which the student enrolls at each institution that 
apply to the student’s degree or certificate when 
determining the student’s enrollment status and 
cost of attendance; and 
‘‘(B) maintain all records regarding the 
student’s eligibility for and receipt of funds 
under this title. 
‘‘(e) INFORMATION MADE AVAILABLE TO STUDENTS.— 
If an institution enters into a written arrangement de-
scribed in subsection (a), subsection (b), or subsection (c), 
the institution shall provide directly to enrolled and pro-
spective students, and make available on a publicly acces-
sible website of the institution, a description of written ar-
rangements the institution has entered into in accordance 
with this section, including information on— 
‘‘(1) the portion of the educational program that 
the institution that grants the degree or certificate is 
not providing; 
‘‘(2) the name and location of the other institu-
tions or organizations that are providing the portion 
of the educational program that the institution that 
grants the degree or certificate is not providing; 
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790 
‘‘(3) the method of delivery of the portion of the 
educational program that the institution that grants 
the degree or certificate is not providing; and 
‘‘(4) estimated additional costs students may 
incur as the result of enrolling in an educational pro-
gram that is provided, in part, under the written ar-
rangement.’’. 
SEC. 4618. IMPROVEMENTS TO PROGRAM PARTICIPATION 
AGREEMENTS. 
(a) ALCOHOL
AND SUBSTANCE MISUSE PREVEN-
TION.—Section 487(a)(10) of the Higher Education Act of 
1965 (20 U.S.C. 1094(a)(10)) is amended by striking ‘‘a 
drug abuse prevention program’’ and inserting ‘‘an alcohol 
and substance misuse prevention program in accordance 
with section 120’’. 
(b) ADJUSTED COHORT DEFAULT RATE.—Section 
487(a)(14) of the Higher Education Act of 1965 is amended 
by adding at the end the following: 
‘‘(D) Beginning on the date on which the final 
adjusted cohort default rates are published by the Sec-
retary for fiscal year 2018 under section 435(m), sub-
paragraph (C) shall be applied by substituting ‘ad-
justed cohort default rate in excess of 5 percent’ for 
‘cohort default rate in excess of 10 percent’ each place 
it appears.’’. 
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791 
(c) POSTSECONDARY DATA.—Paragraph (17) of sec-
tion 487(a) of the Higher Education Act of 1965 (20 U.S.C. 
1094(a)) is amended to read as follows: 
‘‘(17) The institution of higher education (or the 
assigned agent of such institution) shall collect and 
submit data to the Commissioner for Education Sta-
tistics in a timely manner in accordance with— 
‘‘(A) section 132(l); 
‘‘(B) nonstudent-related surveys within the 
Integrated Postsecondary Education Data Sys-
tem (IPEDS); and 
‘‘(C) any other Federal postsecondary data 
collection effort.’’. 
(d) ACCESS TO HOUSING FOR FOSTER YOUTH.—Sec-
tion 487(a)(19) of the Higher Education Act of 1965 (20 
U.S.C. 1094(a)(19)) is amended— 
(1) by striking ‘‘The institution will not’’ and 
inserting the following: ‘‘The institution— 
‘‘(A) will not’’; 
(2) by inserting ‘‘housing facilities,’’ after ‘‘li-
braries,’’; 
(3) by striking ‘‘institution.’’ and inserting ‘‘in-
stitution; and’’; and 
(4) by adding at the end the following: 
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792 
‘‘(B) will provide a means for students to 
access institutionally owned or operated housing 
if a student is temporarily unable to meet finan-
cial obligations related to housing, including de-
posits, due to delayed disbursement of vouchers 
for education and training made available under 
section 477 of part E of title IV of the Social Se-
curity Act or delays attributable to the institu-
tion.’’. 
(e) 
DISTRIBUTION
OF
VOTER
REGISTRATION 
FORMS.— 
Section 487(a)(23)(A) of the Higher Education 
Act of 1965 (20 U.S.C. 1094(a)(23)(A)) is amended 
by striking ‘‘, if located in a State to which section 
4(b) of the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg–2(b)) does not apply,’’. 
(f) PROPRIETARY INSTITUTIONS.— 
(1) 85/15 RULE.— 
(A) AMENDMENT.—Section 487(a)(24) of 
the Higher Education Act of 1965 (20 U.S.C. 
1094(a)(24)) is amended by striking ‘‘not less 
than ten percent of such institution’s revenues 
from sources other than funds provided under 
this title’’ and inserting ‘‘not less than 15 per-
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793 
cent of such institution’s revenues from sources 
other than Federal education assistance funds’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by this paragraph shall take effect on July 
1, 2022. 
(2) REPEALS.— 
(A) IN GENERAL.—Subsections (a)(24) and 
(d)(2) of section 487 the Higher Education Act 
of 1965 (20 U.S.C. 1094) are repealed. 
(B) EFFECTIVE DATE.—The repeals made 
by this paragraph shall take effect on July 1, 
2023. 
(g) WRITTEN ARRANGEMENTS WITH OTHER INSTITU-
TIONS.—Section 487(a) of the Higher Education Act of 
1965 (20 U.S.C. 1094(a)) is amended by adding at the end 
the following: 
‘‘(30) In the case of an institution that enters 
into a written arrangement with an organization or 
another institution to provide part of an educational 
program, the institution will comply with the appli-
cable requirements of section 486D.’’. 
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800 
the institution are enrolled exclu-
sively in courses offered through 
distance education; and 
‘‘(cc) was providing such 
skills training pursuant to such 
contract before the date of enact-
ment of the College Affordability 
Act;’’; 
(B) in subparagraph (C), in the matter pre-
ceding clause (i), by striking ‘‘funds for a pro-
gram under this title’’ and inserting ‘‘Federal 
education assistance funds’’; and 
(C) in subparagraph (D)(ii), by inserting 
‘‘(including any financing or credit instrument 
of which the institution was a holder or guar-
antor)’’ after ‘‘proprietary institution of higher 
education’’; 
(3) in paragraph (3)— 
(A) in the paragraph heading, by striking 
‘‘COLLEGE NAVIGATOR’’ and inserting ‘‘DEPART-
MENT OF EDUCATION’’; and 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘on the College Navigator’’ and 
inserting ‘‘on a Department of Education’’; and 
(4) in paragraph (4)— 
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