I 117th CONGRESS 2d Session H. R. 9079 IN THE HOUSE OF REPRESENTATIVES September 29, 2022 Mr. Smith of Washington introduced the following bill; which was referred to the Committee on Education and Labor A BILL To direct the Secretary of Education to establish a program to facilitate the transition to tuition-free community college in certain States, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the Community and Technical College Investment Act of 2022 . (b) Table of contents Sec. 1. Short title; table of contents. Title I—Tuition-Free Community College Sec. 101. Tuition-free community college grant program. Sec. 102. Applications. Sec. 103. Grant uses. Sec. 104. Reports. Sec. 105. Authorization of appropriations. Sec. 106. Definitions. Title II—Institutional Capacity Sec. 201. Institutional capacity and wraparound service support grant program. Sec. 202. Application. Sec. 203. Selection committee. Sec. 204. Grant uses. Sec. 205. Reports. Sec. 206. Authorization of appropriations. Sec. 207. Definitions. Title III—Emergency Funds for Students Sec. 301. Emergency grant fund program. Sec. 302. Application. Sec. 303. Grant uses. Sec. 304. Data collection. Sec. 305. Authorization of appropriations. Title IV—Technical Assistance Sec. 401. Technical assistance grant program. Sec. 402. Application. Sec. 403. Grant uses. Sec. 404. Reports. Sec. 405. Authorization of appropriations. Title V—Definitions Sec. 501. Definitions. I Tuition-Free Community College 101. Tuition-free community college grant program (a) In general The Secretary shall establish a program to provide grants to each State that submits a complete application to facilitate tuition-free community college for all eligible students. (b) Grant amounts The Secretary shall determine grant amounts under subsection (a) with respect to each State based on the following: (1) Statewide unemployment and underemployment rates that are 1 percentage point above the national average. (2) The number of local educational agencies in a State that elect to receive special assistance payments under section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1759a(a)(1)(F) . (3) A Statewide official poverty rate that is 1 percentage point above the national average. (c) Funds (1) Timing A grant under this title shall be awarded for a period of 5 years, of which— (A) a maximum of 1 year may be used for planning; and (B) a minimum of 4 years shall be used for implementation. (2) Federal cost share The Federal cost share of an activity carried out with a grant under subparagraph (a) shall not be less than 100 percent for costs incurred during the 5-year grant period described in paragraph (1). 102. Applications To be eligible for a grant under this title, a State shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including a State plan describing the following: (1) Interagency committee (A) In general A plan to formalize an interagency committee within such State to— (i) evaluate gaps and opportunities in the State workforce, higher education, childcare, and human services systems; and (ii) maximize Federal and State resources to support pathway development that increases economic mobility and recognized postsecondary credential attainment. (B) Membership An assurance that such committee shall consist of members from the following entities: (i) State board. (ii) State unemployment insurance agency. (iii) Office of the State higher education executive officer and public college boards. (iv) State community college system. (v) State departments of health and human services. (vi) State departments of economic development. (vii) Other relevant State agencies as determined by the Governor of such State. (2) Education alignment A plan to— (A) with respect to eligible individuals without a secondary school diploma or its recognized equivalent, facilitate the completion of such diploma or recognized equivalent at a community college; (B) ensure that credits received for Advanced Placement or International Baccalaureate classes are applied to an equivalent community college course; and (C) otherwise align the requirements between secondary schools and community colleges in order to increase the accessibility of community college for eligible individuals. (3) Development A plan to— (A) improve career pathway development, with special attention to career pathways related to in-demand industry sectors or occupations described in paragraph (9); (B) increase economic mobility of State residents; and (C) provide access to affordable postsecondary education for State residents through a network of coordinated State and Federal support systems designed and implemented by State agencies. (4) Credential attainment A plan to prioritize secondary and recognized postsecondary credential attainment through— (A) integrated education and training models; (B) dual enrollment programs; and (C) an increased number of navigators. (5) Priority A plan to prioritize assistance to individuals— (A) with a barrier to employment; or (B) with incomes below 200 percent of the poverty level. (6) Public resources A plan to maximize public resources to support the attainment of a recognized postsecondary credential, including with respect to— (A) transportation; (B) on-campus or off-campus housing; and (C) childcare. (7) Outreach A plan to reach eligible individuals without a recognized postsecondary credential, including with respect to individuals who— (A) live in high-poverty areas; (B) are first-generation students; (C) are low-income students; and (D) identify as belonging to other underrepresented student groups. (8) Recognized postsecondary credential retention and completion A plan to increase retention and credential completion by— (A) developing new, or expanding existing, degree and credential programs based on the needs of in-demand industry sectors or occupations described in paragraph (9); and (B) increasing the number of career counselors and navigators. (9) In-demand industry sectors or occupations A plan to— (A) identify in-demand industry sectors or occupations in such State; and (B) develop and provide access to pathways to credential and degree programs for jobs in such industries, giving priority to credential and degree programs that correspond to high-quality jobs in consultation with— (i) the State board; (ii) the State health and human services agency; (iii) the State board of higher education; and (iv) business industry groups within the State. (10) Federal programs (A) In general A description of how the State will use amounts under covered programs, to the extent otherwise permitted by law, to reduce eligibility and participation requirement barriers in such programs in order to— (i) treat the pursuit of a recognized postsecondary credential as meeting any compliance, work participation, and core activity requirements for each such program; and (ii) increase access to and completion of recognized postsecondary credential programs. (B) Covered programs defined In this paragraph, the term covered programs means— (i) the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 ); (ii) the supplemental nutrition assistance program employment and training program under section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ); and (iii) the child care development fund under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (11) Cost analyses Cost analyses for— (A) providing tuition-free community and technical college pathways to individuals who have not attained— (i) a secondary school diploma or its recognized equivalent; or (ii) a recognized postsecondary credential; and (B) expanding institutional capacity to meet an increased demand for recognized postsecondary credentials by expanding supportive services, including with respect to hiring additional— (i) career counselors; (ii) navigators; and (iii) other support staff. (12) Data collection A plan for data collection efforts to measure program outcomes and evaluate program success, including by leveraging existing administrative data to track any change in participation in recognized postsecondary credential programs at community colleges. (13) Data sharing A State shall— (A) provide an interagency data sharing agreement that facilitates statewide data collection efforts between— (i) State agencies that oversee the dispersal of State and Federal benefits; (ii) the State educational agency; (iii) the State higher education system; (iv) the State board; and (v) other agencies determined by the Secretary to be necessary; and (B) detail how such agreement will promote cross-agency collaboration and improve recognized postsecondary credential completion. (14) Transfer agreements (A) In general A description of— (i) transfer agreements between 2-year and 4-year public institutions of higher education in such State; and (ii) the ways in which the State will expand the number of transfer agreements, including with respect to the facilitation and improvement of credit transfers between institutions. (B) Transfer agreement An assurance that the transfer agreement required under subparagraph (A)(i) shall include, at a minimum— (i) a general education curriculum that consists of not fewer than 30 credit hours that are transferrable to any public institution of higher education in such State; (ii) common course numbering for substantively similar courses in such general education curriculum; and (iii) assurance that an eligible associate’s degree shall be fully transferrable to, and credited as, the first 2 years of a related baccalaureate program at a public institution of higher education in such State. 103. Grant uses A State shall use grant funds awarded under this title for the following: (1) Implementing the State plan submitted under section 102. (2) Ensuring that eligible students enrolled in community colleges— (A) are not charged tuition or fees; and (B) are not required to apply financial assistance to tuition or fees. 104. Reports (a) Annual report Not later than 1 year after the date on which a grant is made under this title, and annually thereafter, a State shall submit to the Secretary a report describing— (1) the uses of funds; (2) progress made in fulfilling the requirements under section 103; (3) rates of— (A) graduation and attainment of recognized postsecondary credentials at participating community colleges; and (B) transfer to 4-year institutions at participating community colleges; and (4) other information determined by the Secretary to be necessary. (b) Certification (1) In general Not later than 2 years after the date on which a State receives a grant under this title, such State shall provide certification of implementation of the— (A) education alignment plan required under section 102(2); and (B) transfer agreements required under section 102(14). (2) Failure to certify If a State does not provide the certification required under paragraph (1), such State shall submit to the Secretary— (A) a report describing the reasons for the failure of such State to provide certification; and (B) a plan to ensure that, not later than 5 years after the date on which the State received a grant under this title, such State will provide such certification. (c) Sustaining funds Not later than 180 days after the date that is the conclusion of the 5-year grant period described in section 101(c), a State shall submit a report to the Secretary describing— (1) the ways in which such State will sustain a tuition-free community college model; and (2) the amount of Federal assistance needed to sustain the model described in paragraph (1). 105. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title for fiscal year 2023 and each of the 4 succeeding fiscal years. 106. Definitions In this title: (1) Business industry group The term business industry group means an organization that represents businesses (including small businesses), individual employers, industry clusters, and individuals from— (A) business or trade organizations; (B) economic development organizations; (C) nonprofit organizations, community-based organizations, or intermediaries; (D) philanthropic organizations; (E) industry associations; or (F) other organizations determined necessary by the State. (2) Eligible associate’s degree The term eligible associate’s degree means an associate’s degree that— (A) is in an academic major in the arts or sciences; (B) is awarded by a public institution of higher education in a State; and (C) is awarded on or after the date that is not later than 3 years after the date on which the State first received a grant under this Act. (3) High-quality job The term high-quality job means a job with— (A) wages and benefits in the top 20 percent for the relevant industry or occupation; (B) access to training and advancement opportunities; (C) paid sick leave; (D) paid family leave; and (E) paid medical leave or short-term disability leave. (4) Navigator The term navigator means an individual who is integrated into the existing community college operation and who works with students to— (A) understand the eligibility of such students for Federal, State, and local financial aid and benefit options; (B) assist such students with the application process for such options; and (C) connect students with resources on campus and in the community. II Institutional Capacity 201. Institutional capacity and wraparound service support grant program (a) In general The Secretary shall establish a program to award grants to each eligible State that submits a complete application under section 202 to provide institutional capacity and wraparound service support with respect to the implementation of tuition-free community college under title I. (b) Grant amounts The Secretary shall determine grant amounts under subsection (a) with respect to each eligible State based on the following: (1) The cost analysis required under section 202(1). (2) The number of adults in such State without a secondary credential or recognized postsecondary credential. (3) The number of adults in such State with a recognized postsecondary credential that is not an associate or baccalaureate degree. (4) The unemployment rate in such State. 202. Application To be eligible for a grant under this title, an eligible State shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including— (1) a cost analysis for, with respect to community colleges— (A) the expansion of institutional capacity; and (B) the provision of wraparound services for students; (2) a plan detailing how the State will award subgrants in accordance with section 204(b) among— (A) community colleges that are located in geographic areas that serve local educational agencies that participate, through the community eligibility provision authorized by the Healthy, Hunger-free Kids Act of 2010 ( 42 U.S.C. 1758 note et seq.) in— (i) the national school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (ii) the school breakfast program under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ); (B) community colleges that are located in geographic areas with 40 percent of the population at or below the Federal poverty line; (C) institutions of higher education with admissions rates of 50 percent or higher; (D) institutions that are eligible to receive a grant under part A or B of title III or title V of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), including— (i) historically Black colleges or universities; (ii) Hispanic-serving institutions; (iii) Tribal colleges or universities; (iv) minority-serving institutions; and (v) rural-serving institutions of higher education. 203. Selection committee (a) In general The Secretary shall establish a selection committee to review each application and award grants under this title. (b) Membership (1) In general The Secretary shall determine the number of members, of whom not less than 50 percent— (A) may not be employed by the Federal Government; (B) shall have relevant research or practical experience with respect to student support programs; (C) shall have relevant research or practical experience with respect to designing and implementing tuition-free community college programs; and (D) shall identify as belonging to an underrepresented group in higher education, including— (i) African Americans; (ii) Hispanics; (iii) Native Americans; (iv) Alaska Natives; (v) Asian Americans; and (vi) Native American Pacific Islanders, including Native Hawaiians. (2) Conflicts of interest With respect to each application, a member having a conflict of interest may not review such application. 204. Grant uses (a) In general An eligible State shall use grant funds awarded under this title to award subgrants to eligible institutions in accordance with subsection (b). (b) Subgrants (1) In general An eligible State shall award subgrants to eligible institutions. (2) Eligible institution defined In this subsection, the term eligible institution means an institution— (A) listed in subparagraphs (A) through (D) of section 202(2); and (B) located in the eligible State. (3) Application An eligible institution seeking a subgrant under this subsection shall submit to the eligible State an application in such form, at such time, and containing such information as the State may require. (4) Subgrant uses An eligible institution that receives a subgrant under this subsection shall use such subgrant funds for implementing activities and services that improve retention and completion of recognized postsecondary credentials, including— (A) identifying and addressing the needs of students, including affordable housing, childcare, transportation, and food; (B) supporting the work of navigators, including— (i) providing information to students with respect to eligibility for assistance under other Federal, State, and institutional assistance programs; and (ii) connecting students with on-campus and off-campus supportive services; (C) hiring additional staff; (D) increasing access to supportive services by centralizing such services on-campus; (E) offering additional scheduling options for classes with respect to the day, time, and location of such classes; (F) improving the transfer of credits between institutions of higher education, including community colleges; (G) expanding pathways related to in-demand industry sectors or occupations; and (H) providing access to technology, including— (i) digital literacy courses; (ii) computers; (iii) software; and (iv) other equipment necessary to attain a recognized postsecondary credential. 205. Reports (a) Annual report (1) In general Not later than 1 year after the date on which a grant is made under this title, and annually thereafter, an eligible State shall submit to the Secretary a report describing— (A) the uses of funds under this title; (B) progress made in fulfilling the requirements of the grant; (C) with respect to participating community colleges, rates of— (i) graduation; (ii) transfer; and (iii) attainment of recognized postsecondary credentials; (D) the institutional reports submitted under subsection (b); (E) the ways in which the State is communicating with institutions to— (i) understand the barriers of students, with respect to eligibility and access, to public supports; and (ii) use the information described in subparagraph (A) to inform any changes; (F) the ways in which the State human services agency and State board are aligning the policy goals of such agencies with the policy goals of the State higher education agency; (G) changes in completion of secondary and postsecondary degrees for target eligible students; (H) changes in access to, and use of, public benefits; (I) changes in employment with respect to in-demand industry sectors and high-quality jobs; (J) changes in rates of unemployment and underemployment; (K) other data as provided by the State; and (L) other data as required by the Secretary; (2) Disaggregation The information described in subparagraphs (G) through (K) shall be disaggregated, where possible, by— (A) race; (B) ethnicity; and (C) income level. (b) Institution report Not later than 1 year after receiving a subgrant under section 204(b), an on an annual basis thereafter, an institution shall submit to the State a report describing— (1) the uses of funds; (2) with respect to the period beginning on the date on which a subgrant was received and ending on the date on which the report is submitted, changes in rates of— (A) retention; and (B) graduation; (3) the ways in which such institution increased awareness of, and access to, public supports made available through State agencies; and (4) the ways in which such institution made improvements to tracking data with respect to— (A) the basic needs of students; (B) the financial barriers of students; and (C) the connection of students to public supports. 206. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title for fiscal year 2023 and each of the 4 succeeding fiscal years. 207. Definitions In this title: (1) Eligible State The term eligible State means a State that is a recipient of a grant under title I. (2) HEA terms (A) Hispanic-serving institution The term Hispanic-serving institution has the meaning given such term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (B) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (C) Minority-serving institution The term minority-serving institution includes the entities described in paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (D) Tribal college or university The term Tribal college or university has the meaning given such term in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (E) Rural-serving institution of higher education The term rural-serving institution of higher education has the meaning given such term in section 861(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1161q(b) ). III Emergency Funds for Students 301. Emergency grant fund program (a) In general The Secretary shall establish a program to provide grants to each State that submits a complete application to provide emergency aid subgrants to eligible students enrolled at a public institution of higher education. (b) Funds (1) Timing A grant under this title shall be awarded for a period of 5 years. (2) Administration Not more than 20 percent of funds awarded under this title may be used for the administration of emergency aid at institutions of higher education. (3) Direct aid Not less than 80 percent of funds awarded under this title shall be used to award emergency aid subgrants to eligible students. (c) Eligible student defined In this title, the term eligible student means a student enrolled at a public institution of higher education, without regard to whether such student submits an application under section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ), experiencing financial challenges that may affect the ability of such student to remain enrolled at such institution, including— (1) loss of— (A) employment (including a temporary loss of employment); (B) transportation; (C) child care; (D) utilities (including water and electricity); or (E) housing; (2) food insecurity; (3) with respect to a student or the dependent of such student, a medical condition or need, including— (A) pregnancy; and (B) mental health conditions; (4) with respect to a student who is a dependent— (A) the death of a parent or guardian; or (B) a parent or guardian with a medical condition that results in temporary or permanent loss of employment of such parent or guardian. 302. Application To be eligible for a grant under this title, a State shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate, including— (1) a data-sharing agreement between the State agency administering the program and the institutions of higher education in such State; (2) the ways in which such State will ensure publicity and availability of emergency aid on campuses of participating institutions of higher education; (3) the estimated amount of funding needed, based on, with respect to such State— (A) income distribution of eligible students; (B) the number of open-access and rural institutions; and (C) poverty rates; (4) the populations of students such State will prioritize in awarding subgrants; (5) a description of the ways in which such State will administer subgrants, including with respect to— (A) responding to applications; (B) approving applications; and (C) disbursing emergency aid subgrants outside of business hours; and (6) an assurance that such State will notify students enrolled in institutions of higher education in such State if such students, or dependents of such students, become eligible for assistance under— (A) the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (B) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); (C) the free and reduced price school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (D) the temporary assistance for needy families program under part A of title IV of the Social Security Act ( 42 U.S.C. 601 ); (E) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (F) Medicaid under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (G) Federal housing assistance programs under the United States Housing Act of 1937, including— (i) public housing as defined in section 3(b) of such Act ( 42 U.S.C. 1437a(b) ); and (ii) tenant-based assistance under section 8(o) of such Act ( 42 U.S.C. 1437f(o) ); and (H) any other means-tested program determined by the Secretary to be appropriate. 303. Grant uses (a) In general A State shall use grant funds awarded under this title to award subgrants to eligible students for emergency aid. (b) Subgrants (1) Administration In awarding subgrants under this subsection, a State may award a contract to a scholarship-granting organization for purposes of— (A) accepting applications from eligible students; and (B) disbursing subgrant funds to eligible students. (2) Applications (A) In general To be eligible for a subgrant under this title, an eligible student shall submit to the State an application in such form, at such time, and containing such information as the State determines appropriate. (B) Appeal If an application for an emergency aid subgrant submitted by an eligible student under subparagraph (A) is denied by the State, such student may appeal such denial in a manner to be determined by the State. (3) Notification Upon receipt of an application from an eligible student under paragraph (2), the State shall notify such student of such receipt in a manner to be determined by the State. (4) Funds (A) Subgrant amounts (i) Eligible students without dependents With respect to an academic year, a subgrant awarded to an eligible student that does not have a dependent may not exceed $1,500. (ii) Eligible students with dependents With respect to an academic year, a subgrant awarded to an eligible student with a dependent may not exceed $2,500. (B) Disbursement of funds A State shall disburse funds to eligible students in a timely manner, as determined by the State. (C) Federal taxes A subgrant under this title may not be considered income for purposes of the Internal Revenue Code of 1986. 304. Data collection A State that awards subgrants under this title shall collect the following data: (1) With respect to each public institution of higher education— (A) the number and percentage of students receiving emergency aid; and (B) the average grant amount for each student. (2) With respect to each semester or quarter at a public institution of higher education— (A) rate of retention; and (B) rate of completion of a recognized secondary credential. (3) The grade point averages of students receiving emergency aid subgrants. (4) Other data reported by the State. (5) Other data required by the Secretary. 305. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title for fiscal year 2023 and each of the 4 succeeding fiscal years. IV Technical Assistance 401. Technical assistance grant program (a) In general The Secretary shall establish a program to provide grants to eligible entities to provide technical assistance to States applying for grants under title I, II, or III of this Act. (b) Eligible entity defined In this title, the term eligible entity means an entity— (1) that is— (A) a nonprofit organization; (B) a think tank; (C) a State board of education; (D) a research center at an institution of higher education; or (E) an other entity as determined by the Secretary; (2) that has expertise with respect to— (A) developing, designing, researching, or evaluating— (i) tuition-free community college programs; (ii) emergency aid programs; or (iii) initiatives addressing the basic needs of students; or (B) implementing supportive services programs for students; and (3) that has a demonstrated record of supporting institutions of higher education or States with respect to— (A) the activities described in paragraph (2); and (B) connecting students to public benefits. 402. Application To be eligible for a grant under this title, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines appropriate. 403. Grant uses An eligible entity shall use grant funds awarded under this title for the following: (1) Assisting States with respect to— (A) the application process for a grant under title I, II, or III of this Act; and (B) the development or new, or expansion or improvement of existing, tuition-free community college models. (2) Assisting the Secretary with respect to— (A) evaluating applications from States for grants under title I, II, or III of this Act; and (B) providing feedback to such States. 404. Reports (a) Annual report Not later than 1 year after the date on which a grant is made under this title, and on an annual basis thereafter, a State receiving assistance from an eligible entity that received a grant under this title shall submit to the Secretary a report on— (1) the effectiveness of such assistance, including, as applicable, progress with respect to applying for a grant under this Act; and (2) as of the date of the submission of the report, any outcomes of programs funded by a grant under this Act and carried out by such State, describing— (A) any Federal policies that prevent successful implementation of such programs; and (B) any recommendations for changes with respect to Federal policies described in paragraph (1). (b) GAO report Not later than 1 year after the date on which each report is submitted under subsection (a), the Comptroller General shall submit to Congress a report on the policy barriers described in subsection (a)(2), including policy recommendations based on such barriers. 405. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title for fiscal year 2023 and each of the 4 succeeding fiscal years. V Definitions 501. Definitions In this Act: (1) Community college The term community college has the meaning given the term junior or community college in Section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (2) Eligible student The term eligible student means an individual who— (A) is at least 18 years of age; (B) a resident of the State; and (C) does not have a recognized postsecondary credential. (3) ESEA terms The terms secondary school and Secretary have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act ( 20 U.S.C. 7801 ). (4) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (5) WIOA terms (A) The terms in-demand industry sector or occupation , individual with a barrier to employment , recognized postsecondary credential , State board , and supportive services have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (B) The term integrated education and training has the meaning given such term in section 203 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3272 ).