Consider Teachers Act of 2021
PL 117-49 (S.848), enacted 10/13/2021

[117th Congress Public Law 49]
[From the U.S. Government Publishing Office]



[[Page 401]]

                      CONSIDER TEACHERS ACT OF 2021

[[Page 135 STAT. 402]]

Public Law 117-49
117th Congress

                                 An Act


 
   To amend the Higher Education Act of 1965 in order to improve the 
service obligation verification process for TEACH Grant recipients, and 
        for other purposes. <<NOTE: Oct. 13, 2021 -  [S. 848]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consider 
Teachers Act of 2021. 20 USC 1001 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consider Teachers Act of 2021''.
SEC. 2. TEACH GRANTS.

    Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g-2) 
is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A), by inserting ``(referred to 
                in this section as the `service obligation window')'' 
                after ``under this subpart'';
                    (B) in subparagraph (C)(vii), by inserting ``or 
                geographic area'' after ``field''; and
                    (C) by striking subparagraphs (D) and (E) and 
                inserting the following:
                    ``(D) <<NOTE: Certification.>>  submit a 
                certification of employment by the chief administrative 
                officer of the school in accordance with subsection 
                (d)(5); and
                    ``(E) <<NOTE: Certification.>>  meet all State 
                certification requirements for teaching (which may 
                include meeting such requirements through a 
                certification obtained through alternative routes to 
                teaching);'';
            (2) in subsection (c)--
                    (A) by striking ``In the event'' and inserting the 
                following:
            ``(1) In general.--In the event''; and
                    (B) by adding at the end the following:
            ``(2) <<NOTE: Determinations. Loans.>>  Reconsideration of 
        conversion decisions.--
                    ``(A) Request to reconsider.--In any case where the 
                Secretary has determined that a recipient of a grant 
                under this subpart has failed or refused to comply with 
                the service obligation in the agreement under subsection 
                (b) and has converted the grant into a Federal Direct 
                Unsubsidized Stafford Loan under part D in accordance 
                with paragraph (1), (including a TEACH Grant converted 
                to a loan prior to the date of enactment of the Consider 
                Teachers Act of 2021 and including cases where such 
                loans have been fully or partially paid), the recipient 
                may request that the Secretary reconsider such initial 
                determination and

[[Page 135 STAT. 403]]

                may submit additional information to demonstrate 
                satisfaction of the service 
                obligation. <<NOTE: Deadline.>>  Upon receipt of such a 
                request, the Secretary shall reconsider the 
                determination in accordance with this paragraph not 
                later than 90 days after the date that such request was 
                received.
                    ``(B) <<NOTE: Certification.>>  Reconsideration.--
                If, in reconsidering an initial determination under 
                subparagraph (A) (including reconsideration related to a 
                TEACH Grant that was converted to a loan prior to the 
                date of enactment of the Consider Teachers Act of 2021 
                and including cases where such loans were fully or 
                partially paid), the Secretary determines that the 
                reason for such determination was the recipient's 
                failure to timely submit a certification required under 
                subsection (b)(1)(D) (as in effect on the day before the 
                date of enactment of the Consider Teachers Act of 2021), 
                an error or processing delay by the Secretary, a change 
                to the fields considered eligible for fulfillment of the 
                service obligation (as described in subsection 
                (b)(1)(C)), a recipient having previously requested to 
                have the TEACH Grant converted to a loan, or another 
                valid reason determined by the Secretary, and that the 
                recipient has, as of the date of the reconsideration, 
                demonstrated that the recipient did meet, or is meeting 
                the service obligation in the agreement under subsection 
                (b), the Secretary shall--
                          ``(i) discharge the Federal Direct 
                      Unsubsidized Stafford Loan under part D, and 
                      reinstate the recipient's grant under this 
                      subpart;
                          ``(ii) discharge any interest or fees that may 
                      have accumulated during the period that the grant 
                      was converted to a Federal Direct Unsubsidized 
                      Stafford Loan under part D;
                          ``(iii) if the recipient has other loans under 
                      part D, apply any payments made for the Federal 
                      Direct Unsubsidized Stafford Loan under part D 
                      during such period to those other loans under part 
                      D;
                          ``(iv) if the recipient does not have other 
                      loans under part D, reimburse the recipient for 
                      any amounts paid on the Federal Direct 
                      Unsubsidized Stafford Loan under part D during 
                      such period;
                          ``(v) request that consumer reporting agencies 
                      remove any negative credit reporting due to the 
                      conversion of the TEACH Grant to a loan; and
                          ``(vi) use the additional information provided 
                      under subparagraph (A) to determine the progress 
                      the recipient has made in meeting the service 
                      obligation.
                    ``(C) Extension of time to complete service 
                obligation.--In the case of a recipient whose TEACH 
                Grant was reinstated in accordance with subparagraph 
                (B), the Secretary shall, upon such reinstatement--
                          ``(i) extend the time remaining for the 
                      recipient to fulfill the service obligation 
                      described in subsection (b)(1) to a period of time 
                      equal to--
                                    ``(I) 8 years; minus
                                    ``(II) the number of full academic 
                                years of teaching that the recipient 
                                completed prior to the reconversion of 
                                the loan to a TEACH Grant under

[[Page 135 STAT. 404]]

                                subparagraph (B), including any years of 
                                qualifying teaching completed during the 
                                period when the TEACH Grant was in loan 
                                status; and
                          ``(ii) treat any full academic years of 
                      teaching described in clause (i)(II) as years that 
                      count toward the individual's service obligation 
                      (regardless of whether the TEACH Grant funds were 
                      in grant or loan status) if that time otherwise 
                      meets the requirements of this section.''; and
            (3) in subsection (d), by adding at the end the following:
            ``(3) <<NOTE: Notification. Certification. Recommenda- 
        tions.>>  Communication with recipients.--The Secretary shall 
        notify TEACH grant recipients not less than once per calendar 
        year regarding how to submit the employment certification under 
        subsection (b)(1)(D) and the recommendations and requirements 
        for submitting that certification under subsection (d)(5).
            ``(4) <<NOTE: Updates. Lists. Public information. Web 
        posting.>>  Qualifying schools and high-need fields.--The 
        Secretary shall maintain and annually update a list of 
        qualifying schools as described in subsection (b)(1)(B), and a 
        list of high-need fields as described in subsection (b)(1)(C) 
        and shall make such lists publicly available on the Department's 
        website in a sortable and searchable format.''.
SEC. 3. SUBMISSION OF EMPLOYMENT CERTIFICATION.

    Section 420N(d) of the Higher Education Act of 1965 (20 U.S.C. 
1070g-2(d)), as amended by section 2, is further amended by adding at 
the end the following:
            ``(5) Submission of employment certification.--
                    ``(A) <<NOTE: Notification.>>  Recommended 
                submissions.--The Secretary shall notify TEACH Grant 
                recipients that the Department recommends that TEACH 
                Grant recipients submit the employment certification 
                described in subsection (b)(1)(D) as soon as practicable 
                after the completion of each year of service.
                    ``(B) Required submission.--A TEACH Grant recipient 
                shall be required to submit to the Department employment 
                certification within the timeframe that would allow that 
                individual to complete their service obligation before 
                the end of the service obligation window.
                    ``(C) Notification.--The Secretary shall notify 
                TEACH Grant recipients of the required submission 
                deadlines described in this paragraph.
                    ``(D) Adjustment of deadline.--The Secretary shall 
                adjust the submission deadline described in subparagraph 
                (B) to account for a service obligation window 
                extension.
                    ``(E) Alternative to certification.--The Secretary 
                shall provide an alternative to the certification of 
                employment described in subsection (b)(1)(D) for 
                recipients who cannot obtain such required certification 
                of employment from the chief administrative officer of 
                the school because the recipient can demonstrate the 
                school is no longer in existence or the school refuses 
                to cooperate.''.
SEC. 4. EXTENSION OF TIME TO FULFILL SERVICE OBLIGATION DUE TO 
                    COVID-19.

    (a) Section 3519(a) of the CARES Act (Public Law 116-136; 20 U.S.C. 
1001 note) is amended--
            (1) in the matter preceding paragraph (1), by striking ``For 
        the purpose of section 420N of the Higher Education Act of

[[Page 135 STAT. 405]]

        1965 (20 U.S.C. 1070g-2), during a qualifying emergency,'' and 
        inserting ``Notwithstanding any provision of subpart 9 of part A 
        of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g 
        et seq.),'';
            (2) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (3) in paragraph (2), by striking ``such section 420N.'' and 
        inserting ``section 420N of such Act; and''; and
            (4) by adding at the end the following:
            ``(3) shall extend the service obligation window (as 
        described in section 420N(b)(1)(A) of such Act) for a period of 
        not more than 3 years, in addition to any extensions provided in 
        accordance with subpart 9 of part A of title IV of the Higher 
        Education Act of 1965 (20 U.S.C. 1070g et seq.), in the case of 
        a grant recipient whose service obligation window begins during, 
        or includes--
                    ``(A) the qualifying emergency period; or
                    ``(B) <<NOTE: Determination. Consultation.>>  a 
                period of recession or economic downturn related to the 
                qualifying emergency period, as determined by the 
                Secretary in consultation with the Secretary of 
                Labor.''.

    (b) Section 3519 of the CARES Act (Public Law 116-136; 20 U.S.C. 
1001 note) is amended by adding at the end the following:
    ``(c) <<NOTE: Waiver authority.>>  Federal Perkins Loans.--
Notwithstanding section 465 of the Higher Education Act of 1965 (20 
U.S.C. 1087ee), the Secretary shall waive the requirements of such 
section in regard to full-time service and shall consider an incomplete 
year of service of a borrower as fulfilling the requirement for a 
complete year of service under such section, if the service was 
interrupted due to a qualifying emergency.''.

    (c) <<NOTE: 20 USC 1001 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in the enactment 
of the CARES Act (Public Law 116-136).
SEC. 5. <<NOTE: 20 USC 1070g-2 note. Waiver authority.>>  
                    IMPLEMENTATION.

    In carrying out this Act and any amendments made by this Act, or any 
regulations promulgated under this Act or under such amendments, the 
Secretary of Education may waive the application of--
            (1) subchapter I of chapter 35 of title 44, United States 
        Code (commonly known as the ``Paperwork Reduction Act'');
            (2) the master calendar requirements under section 482 of 
        the Higher Education Act of 1965 (20 U.S.C. 1089);
            (3) negotiated rulemaking under section 492 of the Higher 
        Education Act of 1965 (20 U.S.C. 1098a); and
            (4) <<NOTE: Notices. Deadline.>>  the requirement to publish 
        the notices related to the system of records of the agency 
        before implementation required under paragraphs (4) and (11) of 
        section 552a(e) of title 5, United States Code (commonly known 
        as the ``Privacy Act of

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        1974''), except that the notices shall be published not later 
        than 180 days after the date of enactment of this Act.

    Approved October 13, 2021.

LEGISLATIVE HISTORY--S. 848:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            Apr. 27, considered and passed Senate.
            July 26, Sept. 28, considered and passed House.

                                  <all>