117 S1396 IS: America’s College Promise Act of 2021
U.S. Senate
2021-04-27
text/xml
EN
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II
117th CONGRESS1st Session
S. 1396
IN THE SENATE OF THE UNITED STATES

April 27, 2021
Ms. Baldwin (for herself, Mrs. Murray, Mr. Van Hollen, Ms. Klobuchar, Mr. Leahy, Ms. Hirono, Mr. Cardin, Ms. Duckworth, Mrs. Gillibrand, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL
To amend the Higher Education Act of 1965 to establish State and Indian Tribe grants for community colleges and grants for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions, and for other purposes.

1.Short titleThis Act may be cited as the America’s College Promise Act of 2021. IState and Indian Tribe grants for community colleges 101.Program authorizedTitle IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) is amended by adding at the end the following:

JAmerica’s college promise Federal-State partnership
1State and Indian tribe grants for community colleges
499A.In generalFrom amounts appropriated under section 499G for any fiscal year, the Secretary shall award grants to eligible States and Indian tribes to pay the Federal share of expenditures needed to carry out the activities and services described in section 499E. 499B.Federal share; non-Federal share (a)Federal share (1)In generalSubject to paragraph (2), the amount of the Federal share of a grant under this subpart shall be based on a formula, determined by the Secretary, that provides, for each eligible student in the State or Indian tribe, a per-student amount that is equal to 75 percent of—
(A)for the 2022–2023 award year, the average resident community college tuition and fees per student in all States for the most recent year for which data are available; and (B)for each subsequent award year, the amount determined under this paragraph for the preceding award year, increased by the lesser of—
(i)a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) since the date of such determination; or (ii)3 percent.
(2)Indian tribesThe amount of the Federal share for an Indian tribe receiving a grant under this subpart shall be the lesser of— (A)the amount determined in accordance with paragraph (1) with respect to such tribe; or
(B)the amount that is 95 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in the community colleges operated or controlled by such tribe. (b)State or tribal share (1)Formula (A)In generalSubject to subparagraph (B), the State or tribal share of a grant under this subpart for each fiscal year shall be the amount needed to pay 25 percent of the average resident community college tuition and fees per student in the 2022–2023 award year for all eligible students in the State or tribe for such fiscal year.
(B)Indian tribesThe tribal share of a grant awarded to an Indian tribe under this subpart for each fiscal year shall be the lesser of— (i)the amount determined in accordance with subparagraph (A) with respect to such tribe; or
(ii)5 percent of the total amount needed to waive tuition and fees for all eligible students enrolled in the community colleges operated or controlled by such tribe. (2)Need-based aidA State or Indian tribe may include, as part of the State or tribal share, any need-based financial aid that—
(A)is provided from State or tribal funds to an eligible student; and (B)may be used by such student to pay costs of attendance other than tuition and fees.
(3)No in-kind contributionsA State or Indian tribe shall not include in-kind contributions for purposes of the State or tribal share described in paragraph (1). (c)Determining number of eligible students (1)In generalFor purposes of subsection (a) and subsection (b), the Secretary shall develop and implement a formula for accurately estimating the number of eligible students in a State or Indian tribe and for making adjustments based on the number of eligible students enrolled on less than a full-time basis and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis.
(2)Initial determinationFor the first year for which grants are awarded under this subpart, the number of eligible students in a State or Indian tribe shall be considered to be equal to the number of eligible students who were in the State or tribe for the preceding school year. (d)Adjustment of grant amountNot later than 180 days after the date on which a State or Indian tribe receives a grant under this subpart, the Secretary shall—
(1)in consultation with the State or tribe concerned, determine whether the actual number of eligible students in the State or tribe for the year covered by the grant is greater than the estimated number of such students that was used to determine the amount of the grant; and (2)in the case of a determination under paragraph (1) that the actual number of eligible students in the State or tribe is higher than such estimate, issue a supplementary grant payment to the State or tribe in an amount that ensures that the total amount of the grant funds received by the State or tribe under this subpart for the year covered by the grant accurately reflects the higher number of eligible students.
499C.Applications
(a)SubmissionIn order to receive a grant under this subpart, a State or Indian tribe shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b)ContentsEach application under subsection (a) shall include—
(1)an estimate of the number of eligible students in the State or Indian tribe and the cost of waiving community college tuition and fees for all eligible students for each fiscal year covered by the grant; (2)an assurance that each community college in the State, or operated or controlled by the Indian tribe, as applicable, will waive tuition and fees for eligible students in accordance with section 499D(a);
(3)a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including transfer and completion rates, that have been or will be adopted by each such community college, such as— (A)providing comprehensive academic, career, and student support services (including mentoring, advising, case management services, and career pathway navigation), especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education;
(B)providing direct support services, or assistance in applying for such services, such as— (i)childcare, transportation, and emergency financial assistance;
(ii)assistance in obtaining health insurance coverage and accessing health care services, including behavioral and mental health services; (iii)affordable housing;
(iv)nutrition assistance programs or free or discounted food; and (v)means-tested Federal benefit programs, or similar State, tribal, or local benefit programs;
(C)providing accelerated learning opportunities, such as dual or concurrent enrollment programs, including early college high school programs, and reforming course scheduling and credit awarding policies to better meet the needs of students and shorten time to completion; (D)strengthening and reforming remedial and developmental education, especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education, including through the use of multiple measures (such as a student’s college entrance examination score, grade point average, high school course list, or a placement examination) to identify students in need of remedial education;
(E)utilizing career pathways, including through building capacity for career and technical education, as defined in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(5)), and programs of study, as defined in section 3(41) of such Act (20 U.S.C. 2302(41)), or degree pathways; or (F)providing expanded opportunities for participating in work-based learning, which may include apprenticeship programs, in students’ programs of study;
(4)a description of how the State or Indian tribe will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the State under section 123(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3153(a)) or other quality criteria determined appropriate by the State or Indian tribe; (5)an assurance that each community college in the State or under the authority of the Indian tribe have entered into program participation agreements under section 487;
(6)an assurance that the State or Indian tribe will, to the maximum extent practicable, assist eligible students in obtaining information about and accessing means-tested Federal benefit programs and similar, State, tribal, and local benefit programs for which such students may be eligible; (7)an assurance that, for each year of the grant, the State or Indian tribe will notify each eligible student of the student’s remaining eligibility for assistance under this subpart;
(8)if the application is submitted by a State— (A)a description of how the State will support the scaling and increased adoption of the reforms and practices described in paragraph (3);
(B)an assurance that the State will, to the extent practicable, consider changes to State law that will enable more community college students to be eligible for means-tested Federal benefit programs and similar State benefit programs; (C)an assurance that the State will meet the requirements of section 499D(b)(1) relating to the alignment of secondary and postsecondary education; and
(D)an assurance that the State will meet the requirements of section 499D(b)(2) relating to the improvement of transfer pathways between institutions of higher education; and (9)an assurance that the State or Indian tribe will clearly communicate to prospective students, their families, and the general public—
(A)plans to implement the program funded under this subpart; and (B)how eligible students can attend a community college operated by the State or tribe without paying the cost of tuition and fees.
499D.Program requirements
(a)General requirements for States and indian tribesAs a condition of receiving a grant under this subpart, a State or Indian tribe shall meet the following requirements: (1)For each year of the grant the total amount of community college tuition and fees charged to an eligible student in the State or Indian tribe shall be $0.
(2)For each year of the grant no amount of financial assistance for which an eligible student qualifies may be applied to such tuition or fees. (b)State requirementsAs a condition of receiving a grant under this subpart, a State shall meet the following requirements:
(1)Alignment of K–12 and higher education
(A)In generalThe State shall— (i)submit a plan to align the requirements for receiving a regular high school diploma from public schools in the State with the requirements for entering credit-bearing coursework at community colleges in such State; and
(ii)not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that such alignment has been achieved. (B)Failure to certifyIf a State does not provide the certification required under subparagraph (A) by the date specified in such subparagraph, the State shall submit to the Secretary, at such time and in such manner as the Secretary may require—
(i)a written explanation for the delay in making the certification; and (ii)a plan that will enable the State to make the certification by not later than 5 years after the date on which the State first received a grant under this subpart.
(2)Transfer pathways
(A)In generalThe State shall— (i)submit a plan, developed in collaboration with faculty from institutions of higher education in the State, to improve transfer pathways between institutions of higher education in the State, including by—
(I)ensuring that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at public institutions of higher education in such State; and (II)ensuring that students attending community colleges in the State have access to comprehensive counseling regarding the process for transferring to a 4-year institution of higher education; and
(ii)not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that the State is carrying out the plan submitted in accordance with clause (i) and is meeting the requirements of subclauses (I) and (II) of such clause. (B)Failure to certifyIf a State does not provide the certification required under subparagraph (A) by the date specified in such subparagraph, the State shall submit to the Secretary, at such time and in such manner as the Secretary may require—
(i)a written explanation for the delay in making the certification; and (ii)a plan that will enable the State to make the certification by not later than 5 years after the date on which the State first received a grant under this subpart.
(3)ApplicabilityThe Secretary may not apply the requirements under this subsection to an Indian tribe. (c)No additional eligibility requirementsA State or Indian tribe that receives a grant under this subpart may not impose additional eligibility requirements on eligible students other than the requirements under this subpart.
499E.Allowable uses of funds
(a)In generalExcept as provided in subsection (b), a State or Indian tribe shall use a grant under this subpart only to provide funds to each community college in the State, or operated or controlled by such tribe, as applicable, to enable each such community college to waive tuition and fees for eligible students as required under section 499D(a). (b)Additional usesIf a State or Indian tribe demonstrates to the Secretary that the State or Indian tribe has grant funds remaining after meeting the demand for activities described in subsection (a), the State or Indian tribe may use those funds to carry out 1 or more of the following:
(1)Enhancing the quality and equity of public higher education to improve student outcomes, including transfer and completion rates and labor market outcomes. (2)Investing in and diversifying the academic workforce.
(3)Expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges, which may include collaboration with one or more industry or sector partnerships (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3201)). (4)Improving postsecondary education readiness in the State or Indian tribe, including through outreach and early intervention.
(5)Expanding access to dual or concurrent enrollment programs, such as early college high school programs. (6)Reducing unmet need at public 4-year institutions of higher education.
(c)Use of funds for administrative purposesA State or Indian tribe that receives a grant under this subpart may not use any funds provided under this subpart for administrative purposes relating to such grant. (d)Maintenance of effortA State or Indian tribe receiving a grant under this subpart shall be entitled to receive its full allotment of funds under this subpart for a fiscal year only if, for each year of the grant, the State or Indian tribe provides—
(1)State fiscal support for higher education per FTE student at a level equal to or exceeding the average amount of State fiscal support for higher education per FTE student provided for the 3 consecutive preceding fiscal years; (2)financial support for operational expenses (excluding capital expenses and research and development costs) for public 4-year institutions of higher education at a level equal to or exceeding the average amount provided for the 3 consecutive preceding State or Indian tribe fiscal years; and
(3)financial support for need-based financial aid at a level equal to or exceeding the average amount provided for the 3 consecutive preceding State or Indian tribe fiscal years. (e)Supplement, not supplantFunds made available under this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities described in this section.
(f)Report requirements
(1)Reporting by States and indian tribesA State or Indian tribe receiving a grant under this subpart shall submit to the Secretary an annual report that shall include— (A)the uses of grant funds under this subpart;
(B)the progress made in fulfilling the requirements of the grant; (C)the rates of transfer, graduation, and attainment of recognized postsecondary credentials at participating community colleges, disaggregated by race, income, and age; and
(D)any other information that the Secretary may require. (2)Reporting by secretaryThe Secretary shall, on an annual basis—
(A)compile and analyze the information described in paragraph (1); and (B)prepare and submit to the authorizing committees a report containing—
(i)the analysis described in subparagraph (A); and (ii)an identification of State and Indian tribe best practices for achieving the purpose of this subpart.
(g)Technical assistanceThe Secretary shall provide technical assistance to eligible States and Indian tribes concerning best practices regarding the promising and evidence-based institutional reforms and innovative practices to improve student outcomes and shall disseminate such best practices among the States and Indian tribes. (h)Continuation of funding (1)In generalExcept as provided in paragraph (2), a State or Indian tribe receiving a grant under this subpart for a fiscal year may continue to receive funding under this subpart for future fiscal years conditioned on the availability of budget authority and on meeting the requirements of the grant, as determined by the Secretary.
(2)DiscontinuationThe Secretary may discontinue funding of the Federal share of a grant under this subpart if the State or Indian tribe has violated the terms of the grant or is not making adequate progress in implementing the reforms described in the application submitted under section 499C. 499F.Automatic stabilizers for america’s college promise (a)Maintenance of effort reliefNotwithstanding subsection (d) of section 499E, a State that meets the qualifying spending requirements may request a waiver of the requirements under such subsection (d). The Secretary shall waive the requirements of such subsection (d) for a State that makes a qualifying request under this subsection as follows:
(1)Tier IWith respect to each State eligible for relief under tier I, such requirements shall be waived for the fiscal year succeeding the fiscal year in which the determination of the State’s eligibility for such relief is made. (2)Tiers II through VWith respect to each State eligible for relief under tier II, III, IV, or V, such requirements shall be waived, in accordance with subsection (d), for—
(A)the fiscal year in which the determination of the State’s eligibility for such relief is made; (B)the fiscal year succeeding the fiscal year described in subparagraph (A); or
(C)both such fiscal years. (b)Match relief (1)State match reliefNotwithstanding subsection (b) of section 499B, a State that is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirements of such subsection (b). The Secretary shall provide relief from the requirements of such subsection (b), for the applicable fiscal year or years, for a State that makes a qualifying request under this paragraph as follows:
(A)Tier IIWith respect to a State that is eligible for relief under tier II, the Secretary shall— (i)apply section 499B(a)(1) by substituting 80 percent for 75 percent; and
(ii)apply section 499B(b)(1)(A) by substituting 20 percent for 25 percent. (B)Tier IIIWith respect to a State that is eligible for relief under tier III, the Secretary shall—
(i)apply section 499B(a)(1) by substituting 85 percent for 75 percent; and (ii)apply section 499B(b)(1)(A) by substituting 15 percent for 25 percent.
(C)Tier IVWith respect to a State that is eligible for relief under tier IV, the Secretary shall— (i)apply section 499B(a)(1) by substituting 90 percent for 75 percent; and
(ii)apply section 499B(b)(1)(A) by substituting 10 percent for 25 percent. (D)Tier VWith respect to a State that is eligible for relief under tier V, the Secretary shall—
(i)apply section 499B(a)(1) by substituting 95 percent for 75 percent; and (ii)apply section 499B(b)(1)(A), by substituting 5 percent for 25 percent.
(2)Applicable fiscal yearsWith respect to each State eligible for relief under tier II, III, IV, or V, the Secretary shall provide the relief under paragraph (1), in accordance with subsection (d), for— (A)the fiscal year in which the determination of the State’s eligibility for such relief is made;
(B)the fiscal year succeeding the fiscal year described in subparagraph (A); or (C)both such fiscal years.
(c)State eligibilityA State’s eligibility for relief under this section shall be determined as follows: (1)Tier IA State shall be eligible for relief under tier I for a fiscal year in which—
(A)
(i)the State was in an elevated unemployment period at any point in the fiscal year; or (ii)the Nation as a whole was in an elevated unemployment period at any point in the fiscal year; and
(B)the State is not eligible for relief under any other tier. (2)Tier IIA State shall be eligible for relief under tier II for a fiscal year in which—
(A)
(i)the State average unemployment rate was equal to or greater than 6.5 percent but less than 7.5 percent at any point in the fiscal year; or (ii)the national average unemployment rate is equal to or greater than 6.5 percent but less than 7.5 percent at any point in the fiscal year; and
(B)the State is not eligible for relief under tier III, IV, or V. (3)Tier IIIA State shall be eligible for relief under tier III for a fiscal year in which—
(A)
(i)the State average unemployment rate was equal to or greater than 7.5 percent but less than 8.5 percent at any point in the fiscal year; or (ii)the national average unemployment rate is equal to or greater than 7.5 percent but less than 8.5 percent at any point in the fiscal year; and
(B)the State is not eligible for relief under tier IV or V. (4)Tier IVA State shall be eligible for relief under tier IV for a fiscal year in which—
(A)
(i)the State average unemployment rate was equal to or greater than 8.5 percent but less than 9.5 percent at any point in the fiscal year; or (ii)the national average unemployment rate is equal to or greater than 8.5 percent but less than 9.5 percent at any point in the fiscal year; and
(B)the State is not eligible for relief under tier V. (5)Tier VA State shall be eligible for relief under tier V for a fiscal year in which—
(A)the State average unemployment rate was equal to or greater than 9.5 percent at any point in the fiscal year; or (B)the national average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal year.
(d)Discretion in the provision of reliefIn determining the fiscal years for which to provide relief in accordance with subsections (a)(2) and (b) to a State that is eligible under tier II, III, IV, or V, the Secretary shall take into account the following: (1)In the case of a State that requests relief under subsection (a)(2), the fiscal years for which the State requests such relief, including—
(A)if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the amount by which the State is unable to meet the requirements of section 499E(d) for such fiscal year; and (B)if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the amount by which the State anticipates being unable to meet such requirements for such succeeding fiscal year.
(2)In the case of a State that requests relief under subsection (b), the fiscal years for which the State requests such relief, including— (A)if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the extent to which the State is unable to meet the requirements of section 499B(b) for such fiscal year; and
(B)if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the extent to which the State anticipates being unable to meet such requirements for such succeeding fiscal year. (3)The actual or anticipated timing, severity, and duration of the unemployment rate increase during—
(A)the fiscal year for which the determination of the State’s eligibility for such relief is made; (B)the fiscal year succeeding the fiscal year described in subparagraph (A); and
(C)the fiscal year preceding the fiscal year described in subparagraph (A). (4)Other factors determined to be relevant by the Secretary.
(e)Indian tribes
(1)In generalFor purposes of determining the eligibility of an Indian tribe to receive relief under this section— (A)an Indian tribe that operates or controls a community college in a State that is eligible for relief under any tier shall be treated as a State for purposes of receiving relief under such tier, except as otherwise provided in paragraph (2); and
(B)in the case of an Indian tribe that operates or controls a community college in at least 2 different States each of which is eligible for relief under different tiers, the Indian tribe shall receive relief under the tier offering the greatest level of relief. (2)Indian tribe match reliefNotwithstanding subsection (b) of section 499B, an Indian tribe that is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirements of such subsection (b). The Secretary shall provide relief from the requirements of section 499B(b), for the applicable fiscal year or years, for an Indian tribe that makes a qualifying request under this paragraph, by—
(A)with respect to applying section 499B(a)(1), providing the appropriate relief described in subsection (b)(1) of this section; (B)applying section 499B(a)(2)(B) by substituting 100 percent for 95 percent; and
(C)applying section 499B(b)(1)(B)(ii), by substituting 0 percent for 5 percent. (f)DefinitionsIn this section:
(1)Elevated unemployment periodThe term elevated unemployment period— (A)when used with respect to the Nation as a whole, means a consecutive, 3-month period in a fiscal year in which the national average unemployment rate is not less than 0.5 percentage points above the lowest national average unemployment rate for the 12-month period preceding such 3-month period; and
(B)when used with respect to a State, means a consecutive, 3-month period in a fiscal year in which the State average unemployment rate is not less than 0.5 percentage points above the lowest State average unemployment rate for the 12-month period preceding such 3-month period. (2)Qualifying spending requirementsThe term qualifying spending requirements means the requirements that a State not disproportionately decrease spending for any of the categories described in subparagraphs (A) through (C) of section 499E(d)(1) relative to such State’s overall, average decrease in spending for the 3 consecutive preceding fiscal years.
(3)National average unemployment rateThe term national average unemployment rate means the average (seasonally adjusted) rate of total unemployment in all States for a consecutive, 3-month period in a fiscal year, based on data from the Bureau of Labor Statistics of the Department of Labor. (4)State average unemployment rateThe term State average unemployment rate means the average (seasonally adjusted) rate of total unemployment in a State for a consecutive, 3-month period in a fiscal year, based on data from the Bureau of Labor Statistics of the Department of Labor.
499G.AppropriationsThere are authorized to be appropriated, and there are appropriated to carry out this subpart (in addition to any other amounts appropriated to carry out this subpart and out of any money in the Treasury not otherwise appropriated), such sums as may be necessary for fiscal year 2022 and each succeeding fiscal year. 499H.DefinitionsIn this subpart:
(1)ApprenticeshipThe term apprenticeship means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2)Career pathwayThe term career pathway has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(3)Community collegeThe term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under section 316 and public 2-year institutions of higher education operated by a State. (4)Dual or concurrent enrollment programThe term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.
(5)Early college high schoolThe term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (6)Eligible studentThe term eligible student means a student who—
(A)is enrolled in an eligible program (as defined in section 481(b)) at a community college on not less than a half-time basis; (B)either—
(i)qualifies for in-State resident community college tuition, as determined by the State or Indian tribe; or (ii)would qualify for such in-State resident community college tuition, but for the immigration status of such student; and
(C)has not been enrolled (whether full-time or less than full-time) for more than 6 semesters (or the equivalent) for which the student received a waiver of community college tuition and fees under section 499D(a). (7)Indian tribeThe term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
(8)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101. (9)Means-tested Federal benefit programThe term means-tested Federal benefit program has the meaning given the term in section 479.
(10)Recognized postsecondary credentialThe term recognized postsecondary credential has the meaning as described in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (11)State fiscal support for higher education (A)In generalExcept as provided in subparagraph (B), the term State fiscal support for higher education, used with respect to a State for a fiscal year, means an amount that is equal to the gross amount of applicable State funds appropriated or dedicated, and expended by the State, including funds from lottery receipts, in the fiscal year, that are used to support institutions of higher education and student financial aid for higher education in the State.
(B)ExclusionsState fiscal support for higher education for a State for a fiscal year shall not include— (i)funds described in subparagraph (A) that are returned to the State;
(ii)State-appropriated funds derived from Federal sources, including funds provided under section 499B(b) and section 499J(b); (iii)amounts that are portions of multiyear appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation under this paragraph is being made, subject to subparagraph (D);
(iv)tuition, fees, or other educational charges paid directly by a student to a public institution of higher education or to the State; (v)funds for—
(I)financial aid programs provided to out-of-State institutions of higher education, including aid to students enrolled in such institutions; (II)merit-based financial aid to students awarded on the basis of predicted or actual academic performance;
(III)financial aid for students attending, or annual operating expenses of, proprietary institutions of higher education (as defined in section 102(b)); (IV)financial aid for students attending, or annual operating expenses of, unaccredited institutions;
(V)research and development; (VI)hospitals, athletics, or other auxiliary enterprises; or
(VII)corporate or other private donations directed to 1 or more institutions of higher education permitted to be expended by the State; or (vi)any other funds that the Secretary determines shall not be included in the calculation of State fiscal support for higher education for such State.
(C)Adjustments for biennial appropriationsThe Secretary shall take into consideration any adjustments to the calculations under this paragraph that may be required to accurately reflect State fiscal support for higher education in States with biennial appropriation cycles. (D)Indian tribesIn determining the State fiscal support for higher education of an Indian tribe for a fiscal year, the Indian tribe shall be treated as a State except as otherwise determined appropriate by the Secretary.
(12)State fiscal support for higher education per FTE studentThe term State fiscal support for higher education per FTE student, used with respect to a State or Indian tribe for a fiscal year, means, the quotient of— (A)the State fiscal support for higher education for the previous fiscal year; divided by
(B)the number of full-time equivalent students enrolled in public institutions of higher education in such State or tribe for such previous fiscal year.. IIStudent success fund 201.Student success fundPart J of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), as added by section 101, is further amended by adding at the end the following:

2Student success fund
499I.In generalFrom amounts appropriated under section 499O for any fiscal year, the Secretary shall carry out a grant program (to be known as the Student Success Fund) to make grants to eligible entities to carry out the activities and services described in section 499L. 499J.Federal share and matching funds (a)Federal share (1)Formula requirementsThe Federal share of a grant under this subpart shall be based on a formula, developed by the Secretary, that accounts for—
(A)the State or Indian tribe’s relative share of eligible students, as determined in accordance with section 499B(c); (B)the State or Indian tribe’s relative share of Federal Pell Grant recipients; and
(C)the ratio between a State or Indian tribe’s funding per full-time equivalent (FTE) student at public institutions of higher education and the average net price at public 4-year institutions of higher education, in such a way as to reward States and Indian tribes that keep net prices for students low while maintaining their fiscal support for higher education. (2)Formula published before application deadlineThe Secretary shall—
(A)develop the formula described in paragraph (1); (B)calculate estimated allotments for each eligible entity under such formula; and
(C)publish such formula and estimated allotments not later than the date of the notice soliciting applications for participation in the program under this subpart. (b)Matching funds (1)In generalExcept as provided in paragraph (2), an eligible entity participating in the program under this subpart shall provide, from non-Federal sources, in cash or in kind—
(A)in each of the first, second, third, and fourth years of participation in the program, an amount equal to 25 percent of the amount such entity received under subsection (a) with respect to such year; (B)in each of the fifth and sixth years of participation in the program, an amount equal to 50 percent of the amount such entity received under subsection (a) with respect to such year;
(C)in each of the seventh and eighth years of participation in the program, an amount equal to 75 percent of the amount such entity received under subsection (a) with respect to such year; and (D)in the ninth year and each subsequent year thereafter of participation in the program, an amount equal to 100 percent of the amount such entity received under subsection (a) with respect to such year.
(2)Exception for indian tribesThe Secretary may modify or waive the matching fund requirements under paragraph (1) in the case of an eligible entity that is an Indian tribe. (3)ReallotmentIf an eligible entity returns to the Secretary any portion of the grant amount provided to such eligible entity under this subpart for any fiscal year, or requests a grant amount that is less than the Federal share determined for such entity in accordance with subsection (a), the Secretary shall reallot such excess amount for the succeeding fiscal year, in addition to the amounts appropriated under 499O for such succeeding fiscal year.
(c)Supplement, not supplantGrant funds awarded under this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities assisted under this subpart. 499K.Applications (a)In generalTo be eligible to participate in the program under this subpart, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including—
(1)a plan that includes— (A)the amount of funds requested by the eligible entity under this subpart and the intended use of such funds;
(B)how the eligible entity will use the requested funds to implement promising and evidence-based institutional reforms and innovative practices to improve student outcomes, including— (i)implementation of the reforms and practices identified by such entity under section 499C(b)(3); and
(ii)annual implementation benchmarks that the entity will use to track progress in implementing such reforms and practices; (C)if the eligible entity is a State, how such eligible entity will support the scaling of evidence-based and innovative initiatives system-wide;
(D)how the eligible entity will meet its matching fund requirements under section 499J(b); (E)if the eligible entity is a State, how such eligible entity will prioritize spending on the public institutions of higher education specified in paragraph (2)(B); and
(F)the improvements the eligible entity anticipates in student outcomes, including improvements in transfer rates or completion rates, or both; and (2)if the eligible entity is a State, an analysis that includes—
(A)with respect to each public institution of higher education of the eligible entity— (i)the total per-student funding;
(ii)the amount of per-student funding from State-appropriated funds; (iii)the student demographics (including data on race, income, disability status, and remediation); and
(iv)transfer and completion rates, including such rates among low-income students, students of color, students with disabilities, and students in need of remediation; and (B)whether, of the public institutions of higher education of the eligible entity, the public institutions of higher education that received less funding on a per-student basis described in clause (i) or (ii), or both, of subparagraph (A), are serving disproportionately high shares of low-income students, students of color, students with disabilities, or students in need of remediation.
(b)Approval
(1)In generalNot later than 180 days after receiving a plan under subsection (a), the Secretary shall— (A)approve the plan; or
(B)require revisions to such plan. (2)Revisions requiredAn eligible entity shall make such revisions as required by the Secretary under paragraph (1)(B).
(c)PublicationThe Secretary shall make each plan approved under subsection (b)(1)(A) and each plan revised under subsection (b)(2) available to the public on the website of the Department. 499L.Program requirements (a)General requirements (1)Report on demonstrated progressFor the third year in which an eligible entity participates in the program under this subpart, and every 2 years thereafter, the eligible entity shall submit a report to the Secretary, in such manner and containing such information as the Secretary may require, that includes—
(A)the progress in meeting the annual implementation benchmarks included in the application of such eligible entity under section 499K(a)(1)(B); (B)the progress in improving the student outcomes identified by the entity under section 499K(a)(1)(F); and
(C)with respect to the 2 years after such report is submitted— (i)a plan for the use of funds under this subpart; and
(ii)the amount of funds requested by the eligible entity under this subpart. (2)ApprovalNot later than 180 days after receiving a plan under paragraph (1)(C)(i), the Secretary shall—
(A)approve the plan; or (B)require revisions to such plan.
(3)Revisions requiredAn eligible entity shall make such revisions as required by the Secretary under paragraph (2)(B). (b)Failure To meet requirementsIf an eligible entity does not meet the annual implementation benchmarks included in the application of such eligible entity under section 499K(a)(1)(B), as required to be reported under subsection (a)(1)(A), such eligible entity shall submit to the Secretary, at such time and in such manner as the Secretary may require—
(1)a written explanation for the delay in meeting such requirements; and (2)a plan that will enable such eligible entity to meet such requirements not later than 1 year after the date on which the eligible entity submitted the written explanation under paragraph (1).
(c)PublicationThe Secretary shall make each plan approved under subsection (a)(2)(A), each plan revised under subsection (a)(3), and each plan submitted under subsection (b)(2) available to the public on the website of the Department. 499M.Allowable uses of funds (a)In generalExcept as provided in subsection (b), an eligible entity shall use a grant under this subpart only to carry out the plan approved or revised for such year under section 499K.
(b)Use of funds for administrative purposesAn eligible entity that receives a grant under this subpart may use not more than 5 percent of such grant for administrative purposes relating to the grant under this subpart. (c)Prohibited uses of fundsNo funds received under this section shall be used to—
(1)pay contractors for the provision of pre-enrollment recruitment activities through a revenue sharing agreement; or (2)fund endowments, athletics, sectarian instruction, or religious worship.
499N.Eligible entity definedIn this subpart, the term eligible entity means a State or Indian tribe that is a recipient of a grant under subpart 1. 499O.Appropriations (a)Authorization and appropriationsThere are authorized to be appropriated, and there are appropriated to carry out this subpart (in addition to any other amounts appropriated to carry out this subpart and out of any money in the Treasury not otherwise appropriated), $1,000,000,000 for fiscal year 2022 and each succeeding fiscal year.
(b)AvailabilityFunds appropriated under subsection (a) shall remain available to the Secretary until expended.. IIIPathways to student success for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions 301.Grants to Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving InstitutionsPart J of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), as added and amended by this Act, is further amended by adding at the end the following:

3Grants to historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions
499P.Pathways to student success for Historically Black Colleges and UniversitiesFrom amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating historically Black colleges or universities that meet the requirements of section 499S(a) to— (1)encourage students to enroll and successfully complete a bachelor’s degree at such colleges and universities;
(2)provide incentives to community college students to transfer to such colleges and universities through strong transfer pathways to complete a bachelor’s degree program; and (3)support such colleges and universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes.
499Q.Pathways to student success for Tribal Colleges and UniversitiesFrom amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating Tribal Colleges or Universities that meet the requirements of section 499S(a) to— (1)encourage students to enroll and successfully complete a bachelor’s degree at such Colleges and Universities;
(2)provide incentives to community college students to transfer to such Colleges and Universities through strong transfer pathways to complete a bachelor’s degree program; and (3)support such Colleges and Universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes.
499R.Pathways to student success for Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, and Predominantly Black institutionsFrom amounts appropriated under section 499U(a) for any fiscal year, the Secretary shall award grants to participating Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, and Predominantly Black institutions that meet the requirements of section 499S(a) to—  (1)encourage students to enroll and successfully complete a bachelor’s degree at such institutions;
(2)provide incentives to community college students to transfer to such institutions through strong transfer pathways to complete a bachelor’s degree program; and (3)support such institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes.
499S.Grant terms
(a)Institutional eligibilityAn institution shall meet the requirements of this subsection if the institution— (1)in a public or nonprofit 4-year institution that has a student body of which not less than 35 percent are low-income students;
(2)commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes, such as— (A)providing comprehensive academic, career, and student support services (including mentoring, advising, case management services, and career pathway navigation), especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education;
(B)providing direct support services, or assistance in applying for such services, such as— (i)childcare, transportation, and emergency financial assistance;
(ii)assistance in obtaining health insurance coverage and accessing health care services, including behavioral and mental health services; (iii)affordable housing;
(iv)nutrition assistance programs or free or discounted food; and (v)means-tested Federal benefit programs, or similar State, tribal, or local benefit programs;
(C)providing accelerated learning opportunities and degree pathways, such as dual or concurrent enrollment programs and pathways to graduate and professional degree programs; (D)partnering with employers, industry, nonprofit associations, and other groups to provide opportunities to advance learning outside the classroom, including—
(i)work-based learning opportunities (such as internships or apprenticeships); or (ii)programs designed to improve inter-cultural development and personal growth (such as foreign exchange and study abroad programs); or
(E)strengthening remedial education, especially for low-income, first-generation, and adult students, and other students belonging to racial and other groups that are historically underrepresented in higher education, including through the use of multiple measures (such as a student’s college entrance examination score, grade point average, high school course list, or a placement examination) to identify students in need of remedial education; (3)sets performance goals for improving student outcomes for the duration of the grant; and
(4)if receiving a grant for transfer students, has a formal, statewide articulation agreement with community colleges in the State in which such institution operates that guarantees— (A)that a student who earns postsecondary credit at any community college in such State shall be able to fully transfer such credit toward meeting related degree or certificate requirements at such institution; and
(B)that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at such institution. (b)Grant amount (1)Initial amountFor the first year that an eligible institution participates in the grant program under this subpart and subject to paragraph (3), such eligible institution shall receive a grant in an amount based on the product of—
(A)the actual cost of tuition and fees at the eligible institution in such year (referred to in this subpart as the per-student rebate); and (B)the number of eligible students enrolled in the eligible institution for the preceding year.
(2)Subsequent increasesFor each succeeding year after the first year of the grant program under this subpart, each participating eligible institution shall receive a grant in the amount determined under paragraph (1) for such year, except that in no case shall the amount of the per-student rebate for an eligible institution increase by more than 3 percent as compared to the amount of such rebate for the preceding year. (3)Limitations (A)Maximum per-student rebateNo eligible institution participating in the grant program under this subpart shall receive a per-student rebate amount for any year that is greater than the national average of annual tuition and fees at public 4-year institutions of higher education for such year, as determined by the Secretary.
(B)First-year tuition and feesDuring the first year of participation in the grant program under this subpart, no eligible institution may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous 5 years. (4)Students enrolled less than full-timeThe Secretary shall develop and implement a formula for making adjustments to grant amounts under this subpart based on the number of eligible students at each eligible institution enrolled less than full-time and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis.
(c)ApplicationAn eligible institution that desires a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d)Use of fundsFunds awarded under this subpart to a participating eligible institution shall be used to waive or significantly reduce tuition and fees for eligible students by an amount not to exceed the annual per-student rebate amount. Such funds under this subpart may only be used to waive or reduce tuition and fees for the first 60 credits for which an eligible student is enrolled in the participating eligible institution.
(e)Supplement, not supplantFunds made available under section 499U to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities under this subpart. 499T.DefinitionsIn this subpart:
(1)Alaska native-serving institutionThe term Alaska Native-serving institution has the meaning given such term in section 317(b).  (2)Asian american and native american pacific islander-serving institutionThe term Asian American and Native American Pacific Islander-serving institution has the meaning given such term in section 371(c).
(3)Eligible studentThe term eligible student means a student, regardless of age, who— (A)is enrolled in an eligible program (as defined in section 481(b)) at a participating eligible institution, on at least a half-time basis;
(B)is a low-income student; (C)has been enrolled at such participating eligible institution under this subpart for not more than 60 credits; and
(D)has not been enrolled (whether full-time or less than full-time) for more than 6 semesters (or the equivalent) for which the student received a benefit under this subpart. (4)Hispanic-serving institutionThe term Hispanic-serving institution has the meaning given such term in section 502.
(5)Historically Black college or universityThe term historically Black college or university means a part B institution described in section 322(2). (6)Low-income studentThe term low-income student shall include—
(A)any student eligible for a Federal Pell Grant under section 401; and (B)any student who meets the financial eligibility criteria for receiving a Federal Pell Grant under section 401, but who is ineligible to receive a Federal Pell Grant.
(7)Native American-serving nontribal institutionThe term Native American-serving nontribal institution has the meaning given such term in section 371(c). (8)Native hawaiian-serving institutionThe term Native Hawaiian-serving institution has the meaning given such term in section 317(b).
(9)Predominantly Black institutionThe term Predominantly Black institution has the meaning given such term in section 371(c). (10)Tribal college or universityThe term Tribal College or University has the meaning given the term in section 316(b)(3).
499U.Appropriations
(a)Authorization and appropriations for HBCU, TCU, and MSI grantsFor the purpose of carrying out this subpart there are authorized to be appropriated, and there are appropriated— (1)$98,100,000 for fiscal year 2022;
(2)$321,040,000 for fiscal year 2023; (3)$1,912,010,000 for fiscal year 2024;
(4)$1,988,710,000 for fiscal year 2025; (5)$2,068,960,000 for fiscal year 2026;
(6)$2,151,010,000 for fiscal year 2027; (7)$2,184,900,000 for fiscal year 2028;
(8)$2,329,370,000 for fiscal year 2029; (9)$2,423,910,000 for fiscal year 2030; and
(10)$2,521,990,000 for fiscal year 2031 and each succeeding fiscal year. (b)AvailabilityFunds appropriated under subsection (a) for a fiscal year are to remain available to the Secretary through the two fiscal years following such fiscal year.
(c)Insufficient fundsIf the amount appropriated under subsection (a) for a fiscal year is not sufficient to award each institution participating in the grant programs under sections 499P, 499Q, and 499R a grant under this subpart equal to 100 percent of the grant amount determined under section 499S(b), the Secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount appropriated under subsection (a)..


109 HRES 137 IH: Expressing the sense of the House of Representatives regarding the resumption of beef exports to Japan.
U.S. House of Representatives
2005-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. RES. 137
IN THE HOUSE OF REPRESENTATIVES

March 3, 2005
Mr. Moran of Kansas (for himself, Mr. Goodlatte, Mr. Peterson of Minnesota, Mr. Blunt, Mr. Hayes, Mr. Lucas, Mr. Boehner, Mr. Pickering, Mrs. Musgrave, Mr. Barrow, Mr. Graves, Mr. Osborne, Mr. King of Iowa, Mr. Terry, Mr. Rehberg, Mr. Hulshof, Mr. Walden of Oregon, Mr. Nussle, Mr. Pence, Mrs. Cubin, Mr. Peterson of Pennsylvania, Mr. Everett, Mr. Shimkus, Mr. Miller of Florida, Mr. Putnam, Mr. Culberson, Mr. Jenkins, Mr. Gutknecht, Mr. Simpson, Mr. Otter, Mr. Goode, Mr. Neugebauer, Ms. Foxx, Mr. Scott of Georgia, Mr. Nunes, Mr. Rogers of Alabama, Mr. Holden, Mr. Hastings of Washington, Mr. Larsen of Washington, Mr. Kennedy of Minnesota, Miss McMorris, Mr. McCaul of Texas, Mr. Westmoreland, Mr. Tiahrt, Mr. Marshall, Mr. Skelton, Mr. Kingston, Mr. Bishop of Georgia, Mr. Conaway, Mr. Boozman, Mr. Latham, Mr. Ross, Mr. Berry, and Mr. Cole of Oklahoma) submitted the following resolution; which was referred to the Committee on Ways and Means

RESOLUTION
Expressing the sense of the House of Representatives regarding the resumption of beef exports to Japan.

Whereas the livestock industry in the United States, including farmers, ranchers, processors, and retailers, is a vital component of rural communities and the entire United States economy;
Whereas United States producers take pride in delivering an abundant and safe food supply to our Nation and to the world;
Whereas Japan has prohibited imports of beef from the United States since December 2003, when a single case of Bovine Spongiform Encephalopathy (BSE) was found in a Canadian-born animal in Washington State;
Whereas the United States agriculture industry as a whole has been negatively affected by the Japanese ban and the loss of a $1,700,000,000 export market to Japan;
Whereas the United States has undertaken a rigorous and thorough surveillance program and has exceeded internationally recognized standards of the World Organization for Animal Health (OIE) for BSE testing and has implemented safeguards to protect human and animal health;
Whereas Japan is a member of the OIE and has agreed to such standards;
Whereas the Sanitary and Phytosanitary (SPS) Agreement of the World Trade Organization (WTO) calls for WTO members to apply SPS measures only to the extent necessary to protect human, animal, and plant health, based on scientific principles;
Whereas the United States and Japan concluded an understanding on October 23, 2004, that established a process that would lead to the resumption of imports of beef from the United States, yet such imports have not resumed;
Whereas despite the best efforts of officials within the United States Department of State, the United States Department of Agriculture, and the Office of the United States Trade Representative, the Government of Japan continues to delay imports of beef from the United States on the basis of factors not grounded in sound science and consumer safety;
Whereas the SPS Agreement does not provide to WTO members the right to discriminate and restrict trade arbitrarily; and
Whereas Japan has been provided a reasonable timeframe to establish appropriate trade requirements and resume beef trade with the United States, and the Government of Japan is putting a long and profound bilateral trading history at risk: Now, therefore, be it

That it is the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the United States Trade Representative should immediately impose retaliatory economic measures on Japan.


117 HR 4760 IH: Criminal Alien Removal Clarification Act of 2021
U.S. House of Representatives
2021-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4760IN THE HOUSE OF REPRESENTATIVESJuly 28, 2021Mr. Gosar (for himself, Mr. Babin, Mr. Biggs, Mrs. Boebert, Mr. Buck, Mrs. Cammack, Mr. Duncan, Mr. Gaetz, Mr. Gibbs, Mr. Gohmert, Mr. Good of Virginia, Mrs. Greene of Georgia, Mr. Grothman, Mr. Hice of Georgia, Mr. McClintock, Mr. Perry, Mr. Rosendale, Mr. Budd, Ms. Herrell, Mr. Brooks, Mr. Norman, Mr. Weber of Texas, Mr. Arrington, Mr. DesJarlais, Mrs. Lesko, and Mr. Aderholt) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to provide that any alien who has been convicted of a felony or two misdemeanors, is deportable, and for other purposes.1.Short titleThis Act may be cited as the Criminal Alien Removal Clarification Act of 2021.2.Criminal grounds for deportabilitySection 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended to read as follows:(2)Criminal groundsAny alien who, at any time after admission, has been convicted of a felony or two misdemeanors, whether under State or Federal law, is deportable..


113 HR 4269 IH: Great Teaching and Leading for Great Schools Act of 2014
U.S. House of Representatives
2014-03-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4269
		IN THE HOUSE OF REPRESENTATIVES

			March 14, 2014
			Mr. Polis (for himself and Mr. Payne) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of 1965 to improve teacher and principal
			 effectiveness, and for other purposes.

		1.Short titleThis Act may be cited as the Great Teaching and Leading for Great Schools Act of 2014.
		2.State applicationSection 2112(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6612(b)) is
			 amended—
			(1)in paragraph (5)(B), by inserting and principals after to ensure that teachers;
			(2)by amending paragraph (6) to read as follows:

					(6)A description of how the State educational agency will encourage the development of proven,
			 innovative strategies to deliver intensive professional development
			 programs that are both cost-effective and easily accessible, such as—
						(A)strategies that involve delivery through the use of technology, peer networks, and distance
			 learning;
						(B)providing protected release time for educators to engage in collaborative team-based learning
			 multiple times per week or several hours per week; and
						(C)leveraging resources such as teaching or leadership standards, formative assessments, teacher
			 portfolio processes, evidence-based instructional practices, and educator
			 development protocols to guide educator learning.;
			(3)by amending paragraph (7)(A) to read as follows:

					(7)
						(A)A description of how the State educational agency will ensure compliance with the requirements for
			 professional development activities described in section 9101 and—
							(i)include educator input, including that of teachers and principals, in the development,
			 implementation, and revision of the system of professional learning;
							(ii)conduct a formal evaluation system under section 2113(c)(5) to evaluate the effectiveness of the
			 system of professional learning described in paragraph (13) using funds
			 under this subpart and subpart 2; and
							(iii)prepare, support, utilize, and incentivize internal principals, assistant principals, teacher
			 leaders, coaches, or content experts to facilitate school-based
			 professional learning.;
			(4)in paragraph (8)—
				(A)by striking teachers and inserting educators; and
				(B)by inserting and aligned with the individualized professional development goals informed by educator evaluations
			 described in section 2113(c)(4) after subpart 2; and
				(5)by adding at the end the following new paragraph:

					(13)A description of how the State educational agency will assist schools in creating and implementing
			 the teacher and principal evaluation system described in section
			 2113(c)(4)..
			3.State use of funds
			(a)In generalSection 2113(a)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(a)(3)) is
			 amended by adding at the end the following , except that not less than 50 percent of such funds shall be used for programs and activities to
			 improve principal effectiveness.
			(b)State activitiesSection 2113(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6613(c)) is
			 amended—
				(1)in the matter preceding paragraph (1), by striking one or more of the following activities and inserting the activities described in paragraphs (4) and (5) of this subsection and may use such funds to
			 carry out one or more of the following other activities;
				(2)in paragraph (1)—
					(A)by striking (1) and inserting (1) Certification and licensure.—;
					(B)in subparagraph (A), by striking ; and and inserting a semicolon;
					(C)by amending subparagraph (B) to read as follows:

							(B)teacher certification (including recertification) or licensing requirements are aligned with
			 challenging State academic content standards, such as—
								(i)implementing educator testing for subject matter knowledge; and
								(ii)implementing educator testing for State certification or licensing, including rigorous,
			 performance-based assessments that reflect the authentic work of teachers
			 or principals and are consistent with title II of the Higher Education Act
			 of 1965;; and
					(D)by striking subparagraph (C) and inserting the following:

							(C)funding projects that promote reciprocity of teacher and principal certification or licensing
			 between or among States, except that no reciprocity agreement developed
			 under this subparagraph or developed using funds provided under this part
			 may lead to the weakening of any State teaching certification or licensing
			 requirement;
							(D)teacher and principal licensure systems that provide a single license for entry into the profession
			 for candidates who complete a State-approved teacher or principal
			 preparation program (whether the program is based at an institution of
			 higher education, local educational agency, or non-profit organization)
			 and differentiate between—
								(i)a preliminary license for new teachers or principals focused on a demonstration of the competencies
			 necessary to teach or lead in a classroom or school; and
								(ii)a professional license based on effectiveness, which may include data from robust teacher and
			 principal evaluation systems; and
								(E)programs are carried out that establish, expand, or improve alternative routes for State
			 certification of teachers and principals, especially in the areas of
			 mathematics and science, for highly qualified individuals with a
			 baccalaureate or master’s degree, including mid-career professionals from
			 other occupations, paraprofessionals, former military personnel, and
			 recent college or university graduates with records of academic
			 distinction who demonstrate the potential to become highly effective
			 teachers or principals.;
					(3)in paragraph (2)—
					(A)by striking (2) and inserting (2) Support of teachers and principals.—;
					(B)in the matter preceding subparagraph (A)—
						(i)by striking teachers or principals and inserting teachers, principals, and principal managers; and
						(ii)by inserting induction or before support for teachers and principals new to their profession;
						(C)in subparagraph (A)—
						(i)by striking teacher the first place it appears and inserting educator;
						(ii)by inserting coaching, before team teaching; and
						(iii)by striking ; and and inserting a semicolon;
						(D)in subparagraph (B)—
						(i)by striking standards or assessments and inserting standards, assessments, or evaluation systems;
						(ii)by striking teachers and inserting educators; and
						(iii)by striking the period at the end and inserting ; and; and
						(E)by adding at the end the following new subparagraph:

							(C)invest in the capacity of principals, assistant principals, and teacher leaders to evaluate and
			 provide professional learning opportunities to teachers, and in the
			 capacity of principal managers to evaluate and provide professional
			 learning opportunities for school leaders, such as training principal
			 managers, principals, assistant principals, and teacher leaders on—
								(i)a shared vision of teacher or principal performance based on the State’s teaching or leadership
			 standards;
								(ii)the use of teacher or principal evaluation and support systems;
								(iii)techniques for observing teacher or principal practice, including how to integrate various data
			 sources into a comprehensive assessment of educator effectiveness;
								(iv)methods for providing strong coaching and feedback; and
								(v)the identification of differentiated learning, including the creation of professional learning
			 communities opportunities as part of a targeted growth plan.;
					(4)by striking paragraph (3) and redesignating paragraph (4) as paragraph (3);
				(5)by amending paragraph (3), as so redesignated to read as follows:

						(3)Recruitment and RetentionDeveloping and implementing mechanisms to assist local educational agencies and schools in
			 effectively recruiting and retaining effective educators, including
			 teachers, specialists in core academic subjects, teacher leaders,
			 assistant principals, principals, and pupil services personnel, such as—
							(A)developing comprehensive performance-based compensation systems as part of the local educational
			 agency’s broader human capital management system;
							(B)strategies that provide differentiated pay and recognition for teachers and principals based on
			 effectiveness and increased responsibilities such as—
								(i)incentives to work in high-need academic subjects or in high-poverty schools and districts;
								(ii)strategic staffing models that allow principals to bring a small team of effective educators to a
			 low-performing school;
								(iii)increased autonomy in decisionmaking; or
								(iv)opportunities to lead professional development activities for other educators; and
								(C)a center that—
								(i)serves as a statewide clearinghouse for the recruitment and placement of kindergarten, elementary
			 school, and secondary school teachers; and
								(ii)establishes and carries out programs to improve educator recruitment and retention within the
			 State.; and
				(6)by striking paragraphs (5) through (18) and inserting after paragraph (3), as so redesignated, the
			 following new paragraphs:

						(4)Requirements for teacher evaluationsDeveloping and implementing an evaluation and support system for teachers that is based on multiple
			 measures, has not less than 3 levels of performance ratings for teachers,
			 and includes the following minimum requirements:
							(A)Student academic outcomes
								(i)Student academic growthA factor of the evaluation is based on student academic growth with respect to the State’s academic
			 standards, as measured by—
									(I)student learning gains on the State’s academic assessments administered under section 1111, which
			 may be used in combination with other valid and reliable academic outcome
			 measures with respect to the State’s academic standards for the school’s
			 students, including students in each of the subgroups described in section
			 1111(b)(2)(C)(v)(II) (such as student learning objectives, or teacher,
			 school, or local educational agency assessments, or student work (such as
			 papers, portfolios, and projects)); or
									(II)for grades and subjects not covered by the State’s academic assessments, another valid and reliable
			 assessment of student academic achievement, as long as the assessment is
			 used consistently by the local educational agency in which the teacher is
			 employed for the grade or class for which the assessment is administered.
									(ii)Graduation ratesFor a teacher in a secondary school, a portion of the evaluation is based on improvement in the
			 school’s graduation rate, when applicable, or in the case of a secondary
			 school with a graduation rate of more than 90 percent, on maintaining such
			 graduation rate.
								(iii)Other academic outcomesA State may also choose to factor in other student academic outcomes, such as rates of student
			 enrollment in advanced-level coursework and student grade completion, so
			 long as student academic growth and graduation rates have a predominant
			 focus in the factor of the evaluation relating to student academic
			 outcomes.
								(B)Observations of teacher performanceA portion of the evaluation is based on observations of the teacher’s performance in the classroom
			 by more than one trained and objective observer—
								(i)that take place on several occasions during the school year for which the teacher is being
			 evaluated; and
								(ii)under which—
									(I)a teacher is evaluated against a rigorous rubric that defines multiple performance categories in
			 alignment with the State’s professional standards for teachers; and
									(II)observation ratings meaningfully differentiate among teachers’ performance and bear a relationship
			 to evidence of student academic growth with respect to the State’s
			 academic standards.
									(C)Meaningful differentiationThe evaluation provides performance ratings that meaningfully differentiate among teacher
			 performance using the performance ratings and levels described in
			 paragraph (4).
							(D)Comparability of student gainsThe evaluation provides a measure of student learning gains that is comparable across the State for
			 all teachers in grade levels and subject areas with a statewide
			 assessment.
							(E)Comparability of resultsThe evaluation provides results that are comparable, at a minimum, across all teachers within a
			 grade level or subject area in the local educational agency in which the
			 teacher is employed.
							(5)Requirements for principal evaluationsDeveloping and implementing an evaluation system for principals of schools that connects to a
			 system of support and development, and complies with the following minimum
			 requirements:
							(A)Student academic outcomes
								(i)Growth and attainmentA factor of the evaluation is based on a focus on student academic growth, student academic
			 achievement, and other academic outcome measures (such as student learning
			 objectives) with respect to the State’s academic standards of the school’s
			 students, including students in each of the subgroups described in section
			 1111(b)(2)(C)(v)(II).
								(ii)Graduation ratesFor a principal of a secondary school, a portion of the evaluation is based on improvements in the
			 school’s graduation rate, when applicable, or in the case of a secondary
			 school with a graduation rate of more than 90 percent, the success of the
			 principal in maintaining such graduation rate.
								(iii)Other academic outcomesA State may also choose to factor in other academic outcomes, such as rates of taking
			 advanced-level coursework and grade completion.
								(B)Support of effective teachersA portion of the evaluation is based on the recruitment, development, evaluation, and retention of
			 effective teachers.
							(C)Leadership practicesA portion of the evaluation is based on the leadership practices of the principal, as measured by
			 observations of the principal and other relevant data evaluated against a
			 rigorous rubric that defines multiple performance categories in alignment
			 with the State’s professional standards for principals.
							(D)Other leadership practicesA portion of the evaluation is based on other leadership practices, such as creating a school
			 culture of high student achievement, school planning and progress,
			 engaging families, community, and other stakeholders, cultivating a
			 positive environment for learning and teaching, managing staff talent and
			 development, engaging in strategic planning and systems based on student
			 learning and classroom practice data, and focusing on personal leadership,
			 professional knowledge, skills, and improvement.
							(E)Report on summative ratings and student achievementEach State reports to the Secretary local educational agency-level data that compares aggregated
			 summative evaluation results and correlations with student academic
			 outcomes to demonstrate that the evaluation and support system—
								(i)meaningfully differentiates among principals’ performance; and
								(ii)bears a strong relationship to evidence of student academic growth with respect to the State’s
			 academic standards.
								(F)Meaningful differentiationThe evaluation provides performance ratings that meaningfully differentiate among principal
			 performance using the not less than 3 levels of performance ratings.
							(G)Comparability of resultsThe evaluation provides annual summative results that are comparable across all principals within
			 the local educational agency in which the principal is employed.
							(6)SupportProviding assistance to local educational agencies for the development and implementation of
			 proven, evidence-based strategies to deliver intensive, continuous, and
			 differentiated professional development programs for aspiring or current
			 principal managers, principals, assistant principals, coaches, and teacher
			 leaders that are both cost-effective and easily accessible in order to
			 assist the school in—
							(A)providing professional learning and coaching for educators in analyzing student, school, and
			 teacher performance data to inform decisionmaking and improvement efforts
			 and creating a shared vision of teaching and learning;
							(B)analyzing and extracting information from student, school, and educator performance data;
							(C)clarifying school improvement goals;
							(D)developing and implementing a system of professional learning aligned with student achievement
			 needs and educator learning goals;
							(E)understanding and analyzing student learning standards;
							(F)making available opportunities for team-learning activities that focus on increasing pedagogical
			 and content knowledge in academic subjects that are aligned to student
			 learning goals;
							(G)designing, creating, and evaluating the results of curriculum-based diagnostic and performance
			 assessments;
							(H)encouraging and supporting the training of teachers and administrators to effectively integrate
			 technology into curricula and instruction, including training to improve
			 the ability to collect, manage, and analyze data to improve teaching,
			 decisionmaking, school improvement efforts, and accountability;
							(I)academic study, developmental simulation exercises, or self-reflection;
							(J)mentorships and internships;
							(K)supporting, managing, and overseeing the school’s organization, operation, and use resources; and
							(L)engaging with the community to create a shared responsibility for student academic performance and
			 successful personal development.
							(7)Advancement and Pipeline DevelopmentDeveloping, or assisting local educational agencies in developing, educator advancement initiatives
			 that promote professional growth, emphasize multiple career paths for
			 expanding the reach of effective teachers and principals, and recognize
			 effectiveness and increased responsibilities with pay differentiation,
			 such as—
							(A)creating paths to—
								(i)grow within the teaching profession, such as taking responsibility for additional students or
			 students with greater needs for improvement, becoming a mentor teacher, or
			 contributing instructional tools for other teachers;
								(ii)move towards a school leadership position, such as conducting peer evaluations, providing
			 instructional coaching, serving on a school-wide leadership team, or
			 leading teams of teachers; or
								(iii)become a principal or principal manager; and
								(B)utilizing internal principals, assistant principals, teacher leaders, coaches, or content experts
			 to—
								(i)support classroom learning;
								(ii)facilitate effective collaboration skills across learning communities and transfer knowledge from
			 peers teaching and leading high-performing classrooms and schools.
								(8)Measuring effectivenessMeasuring the effectiveness of each local educational agency receiving a subgrant under subpart 2
			 and each school receiving assistance from the agency under this part, in—
							(A)ensuring that school protected release time for professional learning occurs multiple times per
			 week or the equivalent of several hours;
							(B)implementing on-going, research-based professional learning for teacher leaders, coaches, assistant
			 principals, principals, and principal managers;
							(C)ensuring that principal managers, principals, assistant principals, teacher leaders, coaches,
			 teachers, and schools are using data to inform instructional practices;
			 and
							(D)ensuring that the system of professional learning described in paragraph (7) is carried out using
			 subgrant funds received under subpart 2 is integrated and aligned with the
			 evaluation system described in paragraph (6) and the State’s school
			 improvement plans.
							(9)AdministrationFulfilling the State educational agency’s responsibilities concerning proper and efficient
			 administration of the programs carried out under this part, including
			 provision of technical assistance to local educational agencies..
				4.Local applications and needs assessmentSection 2122(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6622(b)) is
			 amended—
			(1)in paragraph (3)—
				(A)in subparagraph (B), by inserting in grades kindergarten through three after class size; and
				(B)in subparagraph (C), by inserting or the State’s alternative school improvement system after section 1116(b);
				(2)in paragraph (4)—
				(A)by inserting , as well as funds received under part D that are used for professional development to train
			 teachers and principals to integrate technology into curricula and
			 instruction to improve teaching, learning, and technology literacy after other Federal, State, and local programs;
				(3)by striking paragraphs (5) through (7);
			(4)by redesignating paragraphs (8) through (11) as paragraphs (5) through (8), respectively;
			(5)in paragraph (7), as so redesignated, by striking meet the requirements of section 1119 and inserting increase the number of effective educators as measured by the evaluation system defined in section
			 2113(c)(4); and
			(6)by adding at the end the following new paragraphs:

					(9)A description of how the local educational agency will assist schools in—
						(A)ensuring that a system of professional development to continuously improve educator effectiveness,
			 student achievement, and overall school and system performance is an
			 integral part of an educator evaluation system;
						(B)providing protected release time for educators to engage in collaborative team-based learning
			 multiple times per week or several hours per week; and
						(C)leveraging resources such as teaching and leadership standards, formative assessments, teacher
			 portfolio processes, evidence-based instructional practices, and educator
			 development protocols to guide educator learning.
						(10)A description of how the local educational agency will—
						(A)include educator input, including that of teachers and principals, in the development,
			 implementation, and revision of the system of professional learning;
						(B)conduct a formal evaluation system under section 2113(c)(23) to evaluate the effectiveness of the
			 system of professional learning described in paragraph (13) using funds
			 under this part; and
						(C)prepare, support, utilize, and incentivize internal principals, assistant principals, teacher
			 leaders, coaches, or content experts to facilitate school-based
			 professional learning..
			5.Local use of fundsSection 2123 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 66239a) is amended—
			(1)in subsection (a)—
				(A)by amending paragraph (1) to read as follows:

						(1)Developing and implementing mechanisms to assist schools in effectively recruiting and retaining
			 effective educators, including teachers, specialists in core academic
			 subjects, teacher leaders, principals, assistant principals, and pupil
			 services personnel, such as—
							(A)developing strategies that provide differentiated pay and recognition for teachers and principals
			 based on effectiveness and increased responsibilities, such as—
								(i)providing scholarships, signing bonuses, or other financial incentives, to work in high-need
			 academic subjects or in high-poverty schools;
								(ii)strategic staffing models that allow principals to bring a small team of effective educators to a
			 low-performing school; or
								(iii)increased autonomy in decisionmaking;
								(B)recruiting and hiring highly qualified teachers to reduce class size, particularly in the early
			 grades; and
							(C)establishing programs that—
								(i)train and hire regular and special education teachers (which may include hiring special education
			 teachers to team-teach in classrooms that contain both children with
			 disabilities and nondisabled children);
								(ii)train and hire effective teachers of special needs children, as well as teaching specialists in
			 core academic subjects who will provide increased individualized
			 instruction to students;
								(iii)recruit qualified professionals from other fields, including highly qualified paraprofessionals,
			 and provide such professionals with alternative routes to educator
			 certification, including developing and implementing hiring policies that
			 ensure comprehensive recruitment efforts as a way to expand the applicant
			 pool, such as through identifying teachers and principals certified
			 through alternative routes, and using a system of intensive screening
			 designed to hire the most qualified applicants;
								(iv)provide increased opportunities for minorities, individuals with disabilities, and other
			 individuals underrepresented in the teaching and principal professions;
			 and
								(v)develop and support school leadership academies to help exceptionally talented aspiring or current
			 teacher leaders or principals or superintendents become outstanding
			 managers and educational leaders;
								(D)educator mentoring from exemplary teachers, teacher leaders, assistant principals, principals, or
			 principal managers;
							(E)induction and support for teachers and principals during their first 3 years of employment as
			 teachers or principals, respectively; and
							(F)incentives, including financial incentives, to retain educators who have a record of success in
			 helping low-achieving students improve their academic achievement.;
				(B)by striking paragraphs (2) through (5);
				(C)by redesignating paragraphs (6) through (10) as paragraphs (2), (3), (5), and (6), respectively;
				(D)by inserting after paragraph (3), as so redesignated, the following new paragraph:

						(4)Increasing the knowledge and skills of principal managers, principals, assistant principals,
			 coaches and teacher leaders on how to—
							(A)develop educators by leading effective professional learning and data-driven instruction teams
			 aligned with achievement needs and educator goals;
							(B)conduct observations to provide useful feedback to educators in identifying and meeting student
			 needs and creating a professional climate of shared accountability for
			 student learning;
							(C)manage talent, including defining great educator candidates, recruiting top talent, and hiring the
			 best applicants, conducting formal educator evaluations, and dismissing or
			 counseling out underperforming educators;
							(D)individualize educator roles and responsibilities by designing staffing models to leverage educator
			 strengths and encouraging members of the faculty to engage in leadership
			 roles that contribute to school improvement efforts;
							(E)engage the community, including seeking contributions from parents, community organizations, and
			 other school stakeholders;
							(F)engage in partnerships between elementary schools, secondary schools, and institutes of higher
			 education to ensure the vertical alignment of student learning outcomes;
			 and
							(G)foster professional learning communities in which educators have time, protocols, and an
			 instructional focus, and which transfer knowledge from peers teaching and
			 leading at high-performing classrooms and schools.;
				(E)by striking paragraph (5), as so redesignated, and inserting the following:

						(5)Carrying out the teacher and principal evaluation system described in section 2113(c)(4).; and
				(F)by striking paragraph (6), as so redesignated, and inserting the following:

						(6)Carrying out a formal evaluation system to determine the effectiveness of a program carried out
			 under such system, including—
							(A)ensuring that school protected release time for professional learning occurs multiple times per
			 week or the equivalent of several hours;
							(B)implementing on-going, research-based professional learning for teacher leaders, coaches, assistant
			 principals, principals, and principal managers;
							(C)ensuring that principal managers, principals, assistant principals, teacher leaders, coaches,
			 teachers, and schools are using data to inform instructional practices;
							(D)ensuring that the system of professional learning is carried out using subgrant funds received
			 under this subpart and is integrated and aligned with the evaluation
			 system described in section 2113(c)(4) and the State’s school improvement
			 plans; and
							(E)determining the effectiveness of such a program on—
								(i)teacher instructional practice;
								(ii)principal instructional leadership practice;
								(iii)student learning gains;
								(iv)teacher retention;
								(v)student graduation and college readiness rates, as applicable;
								(vi)student attendance rates;
								(vii)teacher and principal efficacy; and
								(viii)teachers participating in leadership roles.; and
				(2)by adding at the end the following:

					(c)LimitationA local educational agency that receives a subgrant under section 2121 shall use not less than 10
			 percent of the subgrant funds for programs and activities to improve
			 principal effectiveness.
					.
			6.Professional development definedSection 9101(34) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(34)) is
			 amended to read as follows:

				(34)Professional developmentThe term professional development means a comprehensive system of professional learning to increase educator effectiveness in
			 improving student learning and achievement means that—
					(A)fosters collective responsibility for improved student performance;
					(B)is comprised of professional learning that—
						(i)is aligned with rigorous State student academic achievement standards as well as related local
			 educational agency and school improvement goals;
						(ii)is conducted among educators at the school and facilitated by well-prepared school principals and
			 school-based professional development coaches, mentors, master teachers,
			 or other teacher leaders who have demonstrated success at getting results
			 with the given student population; and
						(iii)primarily occurs several times per week, or the equivalent of several hours per week, among
			 established teams of teachers, principals, and other instructional staff
			 members where the teams of educators engage in a continuous cycle of
			 improvement that—
							(I)evaluates student, teacher, and school learning needs through a thorough review of data on teacher
			 and student performance;
							(II)defines a clear set of educator learning goals based on the rigorous analysis of the data;
							(III)achieves the educator learning goals identified in subclause (II) by implementing coherent,
			 sustained, and evidence-based learning strategies, such as lesson study
			 and the development of formative assessments, that improve instructional
			 effectiveness and student achievement;
							(IV)provides job-embedded coaching or other forms of assistance to support the transfer of new
			 knowledge and skills to the classroom;
							(V)regularly assesses the effectiveness of the professional development in achieving identified
			 learning goals, improving teaching, and assisting all students in meeting
			 challenging State academic achievement standards;
							(VI)informs ongoing improvements in teaching and student learning; and
							(VII)may be supported by external assistance; and
							(C)may be supported by activities such as courses, workshops, institutes, networks, and conferences
			 that—
						(i)address the learning goals and objectives established by educators at the school level;
						(ii)advance the ongoing school-based professional learning; and
						(iii)are provided for by for-profit and nonprofit entities outside the school such as universities,
			 education service agencies, technical assistance providers, networks of
			 content-area specialists, and other education organizations and
			 associations..