College Affordability Act (Committee on Education and Labor, 116th Congress)
Summary
House Report 116–700 is the report of the Committee on Education and Labor, submitted by Mr. Scott of Virginia, with minority views and a Congressional Budget Office cost estimate, on H.R. 4674, the College Affordability Act, with a cover date of December 28, 2020. The Committee reports favorably with an amendment the bill to amend and strengthen the Higher Education Act of 1965 to lower the cost of college, hold colleges accountable for students' success and help students graduate on time and transition to a career, and recommends that it do pass. The contents place the purpose and summary at page 303, committee views at page 323 and the section-by-section analysis at page 368.
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Cite this document
“College Affordability Act (Committee on Education and Labor, 116th Congress).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crpt-crpt-116hrpt700-crpt-116hrpt700/
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–700
COLLEGE AFFORDABILITY ACT
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 4674
together with
MINORITY VIEWS
DECEMBER 28, 2020.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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COLLEGE AFFORDABILITY ACT
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 116–700
COLLEGE AFFORDABILITY ACT
R E P O R T
OF THE
COMMITTEE ON EDUCATION AND LABOR
TO ACCOMPANY
H.R. 4674
together with
MINORITY VIEWS
DECEMBER 28, 2020.—Committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
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U.S. GOVERNMENT PUBLISHING OFFICE
42–797 WASHINGTON : 2020
E:\Seals\Congress.#13
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116TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 116–700
COLLEGE AFFORDABILITY ACT
DECEMBER 28, 2019.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. SCOTT of Virginia, from the Committee on Education and
Labor, submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4674]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 4674) to amend and strengthen the Higher Education
Act of 1965 to lower the cost of college for students and families,
to hold colleges accountable for students’ success, and to give a new
generation of students the opportunity to graduate on-time and
transition to a successful career, having considered the same, re-
ports favorably thereon with an amendment and recommends that
the bill as amended do pass.
CONTENTS
Page
Purpose and Summary ............................................................................................ 303
Committee Action .................................................................................................... 304
Committee Views ..................................................................................................... 323
Section-by-Section Analysis .................................................................................... 368
Explanation of Amendments ................................................................................... 451
Application of Law to the Legislative Branch ....................................................... 451
Unfunded Mandate Statement ............................................................................... 451
Earmark Statement ................................................................................................. 451
Roll Call Votes ......................................................................................................... 451
Statement of Performance Goals and Objectives .................................................. 494
Duplication of Federal Programs ............................................................................ 494
Hearings ................................................................................................................... 494
Statement of Oversight Findings and Recommendations of the Committee ...... 494
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New Budget Authority and CBO Cost Estimate ................................................... 494
Committee Cost Estimate ....................................................................................... 506
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Changes in Existing Law Made by the Bill, as Reported ..................................... 507
Minority Views ......................................................................................................... 1417
The amendment is as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘College Affordability Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. General effective date.
TITLE I—GENERAL PROVISIONS
PART A—DEFINITIONS
Sec. 1001. Definition of institution of higher education for purposes of title IV programs.
Sec. 1002. Additional definitions.
Sec. 1003. Gainful employment programs.
PART B—ADDITIONAL GENERAL PROVISIONS
Sec. 1011. Antidiscrimination.
Sec. 1012. National Advisory Committee on Institutional Quality and Integrity.
Sec. 1013. Disclosures of foreign gifts.
Sec. 1014. Alcohol and substance misuse prevention.
Sec. 1015. Exception to required registration with selective service system.
Sec. 1016. Integrity of nonprofit institutions of higher education.
Sec. 1017. Support and guidance for homeless individuals and foster care youth.
Sec. 1018. Calculation of percentage of enrolled students receiving or eligible for Federal Pell Grants.
Sec. 1019. Certification regarding the use of certain Federal funds.
Sec. 1020. Freedom of association.
PART C—COST OF HIGHER EDUCATION
Sec. 1021. Consumer information.
Sec. 1022. Postsecondary student data system.
Sec. 1023. Avoiding duplicative reporting.
Sec. 1024. Disclosure of non-instructional spending increases.
Sec. 1025. Textbook information.
Sec. 1026. Repeals.
Sec. 1027. In-state tuition rates for homeless youth and foster care youth.
PART D—ADMINISTRATIVE PROVISIONS FOR DELIVERY OF STUDENT FINANCIAL ASSISTANCE
Sec. 1031. Improvements to the Federal Student Aid Office.
TITLE II—TEACHER QUALITY ENHANCEMENT
PART A—TEACHER AND SCHOOL LEADER QUALITY PARTNERSHIP GRANTS
Sec. 2001. Definitions.
Sec. 2002. Purposes.
Sec. 2003. Partnership grants.
Sec. 2004. Administrative provisions.
Sec. 2005. Accountability and evaluation.
Sec. 2006. Accountability for programs that prepare teachers, principals, or other school leaders.
Sec. 2007. Teacher development.
Sec. 2008. State functions.
Sec. 2009. General provisions.
Sec. 2010. Elevation of the education profession study.
Sec. 2011. Authorization of appropriations.
PART B—ENHANCING TEACHER AND SCHOOL LEADER EDUCATION
Sec. 2101. Enhancing teacher and school leader education.
TITLE III—INSTITUTIONAL AID
Sec. 3001. Strengthening institutions.
Sec. 3002. Strengthening institutions.
Sec. 3003. Strengthening Historically Black Colleges and Universities.
Sec. 3004. Historically Black College and University Capital Financing.
Sec. 3005. Strengthening Historically Black Colleges and Universities and other minority-serving institutions.
Sec. 3006. General provisions.
TITLE IV—STUDENT ASSISTANCE
Sec. 4001. Effective date.
PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER EDUCATION
SUBPART 1—FEDERAL PELL GRANTS
Sec. 4011. Amount of grants.
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Sec. 4012. Grant eligibility.
Sec. 4013. Extending Federal Pell Grant eligibility of certain short-term programs.
Sec. 4014. Providing Federal Pell Grants for Iraq and Afghanistan veteran’s dependents.
Sec. 4015. Federal Pell Grant fraud prevention.
Sec. 4016. Federal Pell Grants on behalf of incarcerated individuals.
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SUBPART 2—FEDERAL EARLY OUTREACH AND STUDENT SERVICES PROGRAMS
CHAPTER 1—FEDERAL TRIO PROGRAMS
Sec. 4021. Program authority; authorization of appropriations.
Sec. 4022. Talent search.
Sec. 4023. Upward bound.
Sec. 4024. Student support services.
Sec. 4025. Postbaccalaureate achievement program authority.
Sec. 4026. Educational opportunity centers.
Sec. 4027. Staff developmental activities.
Sec. 4028. Reports and evaluations.
CHAPTER 2—GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS
Sec. 4031. Gaining early awareness and readiness for undergraduate programs.
SUBPART 3—FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS
Sec. 4041. Purpose; appropriations authorized.
Sec. 4042. Institutional eligibility.
Sec. 4043. Allocation of funds.
Sec. 4044. Emergency financial aid grant program.
SUBPART 4—SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL
FARMWORK
Sec. 4051. Special programs for students whose families are engaged in migrant and seasonal farmwork.
SUBPART 5—CHILD CARE ACCESS MEANS PARENTS IN SCHOOL
Sec. 4061. CCAMPIS Reauthorization.
SUBPART 6—JUMPSTART TO COLLEGE GRANT PROGRAMS
Sec. 4071. Jumpstart to college grant programs.
SUBPART 7—TEACH GRANTS
Sec. 4081. Revised definitions of teach grants.
Sec. 4082. Revisions to establishing teach grant program.
Sec. 4083. Revisions to teach grant agreements to serve and eligibility.
Sec. 4084. Revisions to teach grant data collection and reporting.
SUBPART 8—NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA COLLEGE ACCESS
Sec. 4091. Northern Mariana Islands and American Samoa College access.
SUBPART 9—STUDENT SUCCESS
Sec. 4092. Community College Student Success Grant program authorized.
Sec. 4093. Federal Pell Bonus Program.
PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM
Sec. 4101. Termination of certain repayment plan options and opportunity to change repayment plans.
Sec. 4102. Termination of interest capitalization for subsidized loans after certain periods.
Sec. 4103. Termination of interest capitalization for PLUS loans after certain periods.
Sec. 4104. Consolidation loans.
Sec. 4105. Default reduction program.
Sec. 4106. Termination of interest capitalization for unsubsidized loans after certain periods.
Sec. 4107. Disbursement of student loans.
Sec. 4108. Student loan contract and loan disclosures.
Sec. 4109. Borrower advocate conforming amendments.
Sec. 4110. Cohort default rates.
Sec. 4111. Automatic income monitoring procedures after a total and permanent disability discharge.
Sec. 4112. Automatic closed school discharge.
Sec. 4113. Repayment of parent loans due to student disability.
PART C—FEDERAL WORK-STUDY PROGRAMS
Sec. 4201. Purpose; authorization of appropriations.
Sec. 4202. Allocation formula.
Sec. 4203. Grants for Federal work-study programs.
Sec. 4204. Flexible use of funds.
Sec. 4205. Job location and development programs.
Sec. 4206. Community service.
Sec. 4207. Amendments to work colleges.
Sec. 4208. Pilot grant program.
Sec. 4209. Department activities.
Sec. 4210. Study and report.
PART D—FEDERAL DIRECT LOAN PROGRAM
Sec. 4301. Program authority.
Sec. 4302. Amendments to terms and conditions of loans and repayment plans.
Sec. 4303. Amendments to terms and conditions of public service loan forgiveness.
Sec. 4304. Federal Direct Perkins Loans terms and conditions.
Sec. 4305. Common manual for loan servicers.
Sec. 4306. Refinancing FFEL and Federal Direct Loans.
Sec. 4307. Refinancing private student loans.
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PART E—FEDERAL PERKINS LOANS
Sec. 4401. Authorization of appropriations for Perkins loan.
Sec. 4402. Allocation of funds for Perkins loan.
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Sec. 4403. Federal Direct Perkins loan allocation.
Sec. 4404. Agreements with institutions of higher education for purposes of the Perkins loan program.
Sec. 4405. Student loan information by eligible institutions for purposes of the Perkins loan program.
Sec. 4406. Terms of loans for purposes of the Perkins loan program.
Sec. 4407. Reimbursement for cancellation of Perkins loans for certain public service.
Sec. 4408. Distribution of assets from student loan funds for purposes of the Perkins loan program.
PART F—NEED ANALYSIS
Sec. 4501. Amendments to family contribution.
Sec. 4502. Amendments to data elements when determining the expected family contribution.
Sec. 4503. Amendments to family contribution for dependent students.
Sec. 4504. Amendments to family contribution for independent students without dependents other than a
spouse.
Sec. 4505. Amendments to family contribution for independent students with dependents other than a spouse.
Sec. 4506. Institutional calculations for off-campus room and board.
Sec. 4507. Updated tables and amounts to need analysis.
Sec. 4508. Zero expected family contribution.
Sec. 4509. Amendments to definitions in need analysis.
PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS
Sec. 4601. Definition of eligible program.
Sec. 4602. Definition of third party servicer.
Sec. 4603. FAFSA simplification.
Sec. 4604. Student eligibility.
Sec. 4605. Reasonable collection costs on defaulted loans.
Sec. 4606. Student eligibility information for nutrition assistance programs.
Sec. 4607. Exit counseling.
Sec. 4608. Clery Act amendments.
Sec. 4609. Online survey tool for campus safety.
Sec. 4610. Transfer of credit policies.
Sec. 4611. Amendments to institutional and financial assistance.
Sec. 4612. Prevention of improper access.
Sec. 4613. Information with respect to crime statistics for programs of study abroad.
Sec. 4614. Remedial education grants.
Sec. 4615. Competency-based education.
Sec. 4616. Competency-based education council.
Sec. 4617. Written arrangements to provide educational programs.
Sec. 4618. Improvements to program participation agreements.
Sec. 4619. Compliance with the Civil Rights Act of 1964.
Sec. 4620. Submission of data with respect to students with disabilities.
Sec. 4621. Education program on hazing.
Sec. 4622. Changes to program participation agreements to strengthen consumer protections.
Sec. 4623. Misrepresentation and substantial misrepresentation defined.
Sec. 4624. Revenue requirement.
Sec. 4625. Teach-out plans.
Sec. 4626. Experimental programs.
Sec. 4627. Administrative expenses.
Sec. 4628. Criminal penalties for misuse of access devices.
Sec. 4629. Regional meetings and negotiated rulemaking.
Sec. 4630. Income-based repayment plan.
Sec. 4631. Fixed repayment plan.
Sec. 4632. Requiring a common manual for loan servicers.
Sec. 4633. Removal of record of default.
Sec. 4634. Amendments to terms and conditions of borrower defenses.
Sec. 4635. On-time repayment rates.
PART H—PROGRAM INTEGRITY
SUBPART 1—STATE ROLE
Sec. 4701. State responsibilities.
SUBPART 2—ACCREDITING AGENCY RECOGNITION
Sec. 4711. Accrediting agency recognition of eligible job training programs.
Sec. 4712. Accrediting agency recognition of institutions enrolling incarcerated individuals.
Sec. 4713. Requirements for accrediting agency recognition.
SUBPART 3—PROGRAM REVIEW AND DATA
Sec. 4721. Eligibility and certification procedures.
Sec. 4722. Program review and data.
SUBPART 4—STRENGTHENING INSTITUTIONAL QUALITY
Sec. 4731. Strengthening institutional quality.
PART I—AMERICA’S COLLEGE PROMISE FEDERAL-STATE PARTNERSHIP
Sec. 4801. Program authorized.
Sec. 4802. Student Success Fund.
Sec. 4803. Pathways to student success for Historically Black Colleges and Universities, Tribal Colleges and
Universities, and Minority-Serving Institutions.
Sec. 4804. Unmet need for Federal Pell Grant recipients.
Sec. 4805. Unmet need for students.
Sec. 4806. Tuition waivers.
Sec. 4807. Expansion for private institutions.
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TITLE V—DEVELOPING INSTITUTIONS
Sec. 5001. Hispanic-serving institutions.
Sec. 5002. Promoting postbaccalaureate opportunities for Hispanic Americans.
Sec. 5003. General provisions.
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TITLE VI—INTERNATIONAL EDUCATION PROGRAMS
Sec. 6001. International education.
Sec. 6002. Global business and professional education programs.
Sec. 6003. Repeal of assistance program for Institute for International Public Policy.
Sec. 6004. General provisions.
TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
Sec. 7001. Graduate assistance in areas of national need.
Sec. 7002. Graduate education programs.
Sec. 7003. Fund for the Improvement of Postsecondary Education.
Sec. 7004. Minority-serving institutions innovation fund.
Sec. 7005. Definitions.
Sec. 7006. Supporting postsecondary faculty, staff, and administrators in providing accessible education.
Sec. 7007. Office of Accessibility.
Sec. 7008. Postsecondary programs for students with intellectual disabilities.
Sec. 7009. National Technical Assistance Center and National Coordinating Center for Inclusion of Students
with Intellectual Disabilities.
Sec. 7010. Formula grants to States to improve higher education opportunities for foster youth and homeless
youth.
TITLE VIII—ADDITIONAL PROGRAMS
Sec. 8001. Repeals.
Sec. 8002. Ronald V. Dellums memorial STEAM scholars program.
Sec. 8003. Teach for America.
Sec. 8004. Patsy T. Mink Fellowship Program.
Sec. 8005. Improving science, technology, engineering, and mathematics education with a focus on American
Indian, Alaska Native, and Native Hawaiian students.
Sec. 8006. Grants for rural-serving institutions of higher education.
Sec. 8007. Training for realtime writers to provide closed captioning and court reporting services.
Sec. 8008. Grant program to establish, maintain, and improve veteran student centers.
Sec. 8009. University Sustainability Program amendments.
Sec. 8010. Modeling and simulation.
Sec. 8011. Path to success.
Sec. 8012. Mandatory funding for masters and postbaccalaureate programs.
Sec. 8013. Funds for access to open educational resources.
Sec. 8014. Encouraging campus comprehensive mental health and suicide prevention plans.
TITLE IX—DIRECTIVES TO THE SECRETARY OF EDUCATION
Sec. 9001. Providing that the Secretary of Education may not issue or enforce certain rules that weaken the
enforcement of the prohibition of sex discrimination applicable under title IX of the Education
Amendments of 1972.
Sec. 9002. Study and report on single certification form.
Sec. 9003. Longitudinal study on the effectiveness of student loan counseling.
Sec. 9004. Study and procedures on determining family size.
Sec. 9005. Universal unique numeric data identifier.
Sec. 9006. Questions on food and housing insecurity in national postsecondary student aid study.
Sec. 9007. Disaggregation of data using racial groups.
Sec. 9008. Disaggregation of data by sexual orientation and gender identity.
Sec. 9009. Accessible instructional materials and technology.
Sec. 9010. Serving and supporting students with mental health disabilities in institutions of higher education.
Sec. 9011. Federal student loan cancellation commission.
Sec. 9012. Distribution of resources to prevent incidents of bias on campus.
Sec. 9013. GAO study on racial and socioeconomic equity gaps at public 4-year institutions.
Sec. 9014. GAO study on license revocations related to student loan defaults.
TITLE X—AMENDMENTS TO OTHER LAWS
PART A—EDUCATION OF THE DEAF ACT OF 1986
Sec. 10001. Composition of Board of Trustees.
Sec. 10002. Administrative requirements of Laurent Clerc National Deaf Education Center.
Sec. 10003. Federal endowment programs for Gallaudet University and the National Technical Institute for the
Deaf.
PART B—TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE ACT OF 1978
Sec. 10101. Tribally Controlled Colleges and Universities Assistance Act of 1978.
PART C—STRENGTHENING PROGRAM ALIGNMENT FOR POSTSECONDARY PERKINS CAREER AND TECHNICAL
EDUCATION PROGRAMS
Sec. 10201. Strengthening program alignment for postsecondary Perkins Career and Technical Education Pro-
grams.
PART D—GENERAL EDUCATION PROVISIONS ACT
Sec. 10301. Release of education records to facilitate the award of a recognized postsecondary credential.
PART E—EDUCATION SCIENCES REFORM ACT OF 2002
Sec. 10401. Inclusion of racial subgroups in IPEDS data.
PART F—U.S. INSTITUTE OF PEACE
Sec. 10501. Reauthorization of the U.S. Institute of Peace.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment or
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repeal is expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or other provi-
sion of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).
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SEC. 3. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments made by this Act,
this Act and the amendments made by this Act shall take effect on the date of en-
actment of this Act.
TITLE I—GENERAL PROVISIONS
PART A—DEFINITIONS
SEC. 1001. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR PURPOSES OF TITLE IV
PROGRAMS.
(a) CLARIFICATION.—Section 102(a)(4)(A) of Higher Education Act of 1965 (20
U.S.C. 1002(a)(4)(A)) is amended by inserting ‘‘or receivership’’ after ‘‘that files for
bankruptcy’’.
(b) PROPRIETARY INSTITUTIONS.—
(1) IN GENERAL.—Section 102(b) of the Higher Education Act of 1965 (20
U.S.C. 1002(b)) is amended—
(A) in paragraph (1)—
(i) in subparagraph (D), by striking ‘‘and’’ after the semicolon;
(ii) in subparagraph (E), by striking the period at the end and insert-
ing ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(F) meets the requirements of paragraph (3).’’; and
(B) by adding at the end the following:
‘‘(3) REVENUE SOURCES.—In order to qualify as a proprietary institution of
higher education under this subsection, an institution shall derive not less than
15 percent of the institution’s revenues from sources other than Federal edu-
cation assistance funds, as calculated in accordance with paragraph (4).’’.
(2) TRANSFER OF PROVISIONS.—
(A) FIRST TRANSFER.—Paragraph (1) of section 487(d) of the Higher Edu-
cation Act of 1965 (as amended by section 4624) is—
(i) transferred to section 102(b) of such Act;
(ii) inserted so as to appear after paragraph (3) of such section 102(b)
(as added by paragraph (1)(B));
(iii) redesignated as paragraph (4) of such section 102(b); and
(iv) further amended by striking ‘‘subsection (a)(24)’’ and inserting
‘‘paragraph (3)’’.
(B) SECOND TRANSFER.—Paragraph (3) of section 487(d) of the Higher
Education Act of 1965 (as amended by 4624) is—
(i) transferred to section 102(b) of such Act;
(ii) inserted so as to appear after paragraph (4) of such section 102(b)
(as added by subparagraph (A));
(iii) redesignated as paragraph (5) of such section 102(b); and
(iv) further amended by striking ‘‘subsection (a)(24)’’ and inserting
‘‘paragraph (3)’’.
(C) THIRD TRANSFER.—Paragraph (4) of section 487(d) of the Higher Edu-
cation Act of 1965 (as amended by section 4624) is—
(i) transferred to section 102(b) of such Act;
(ii) inserted so as to appear after paragraph (5) of such section 102(b)
(as added by subparagraph (B));
(iii) redesignated as paragraph (6) of such section 102(b); and
(iv) further amended by striking ‘‘subsection (a)(24)’’ and inserting
‘‘paragraph (3)’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take ef-
fect on July 1, 2023.
SEC. 1002. ADDITIONAL DEFINITIONS.
Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended—
(1) in paragraph (6), by striking ‘‘section 3(2)’’ and inserting ‘‘section 3’’;
(2) in paragraph (13), by inserting ‘‘controlled,’’ before ‘‘owned’’; and
(3) by adding at the end the following:
‘‘(25) PUBLIC INSTITUTION OF HIGHER EDUCATION.—The term ‘public institu-
tion of higher education’ means an institution of higher education—
‘‘(A) for which all obligations of the institution are valid and binding obli-
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gations of a State (or of an equivalent governmental entity); and
‘‘(B) for which the full faith and credit of such State (or equivalent gov-
ernmental entity) is pledged for the timely payment of such obligations.
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‘‘(26) FOSTER CARE YOUTH.—The term ‘foster care youth’ means an individual
whose care and placement is the responsibility of the State or tribal agency that
administers a State or tribal plan under part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether fos-
ter care maintenance payments are made under section 472 of such Act (42
U.S.C. 672) on behalf of the individual, including any such individual who was
in such care on or after attaining 13 years of age and without regard to the
reason the individual left such care.
‘‘(27) FEDERAL EDUCATION ASSISTANCE FUNDS.—The term ‘Federal education
assistance funds’—
‘‘(A) except as provided in subparagraph (B), means any Federal funds
provided, under this Act or any other Federal law, through a grant, con-
tract, subsidy, loan, or guarantee, or through insurance or other means (in-
cluding Federal funds disbursed or delivered to an institution or on behalf
of a student or to a student to be used to attend the institution); and
‘‘(B) does not include any monthly housing stipend provided under the
Post-9/11 Educational Assistance Program under chapter 33 of title 38,
United States Code.
‘‘(28) PROGRESS PERIOD STATUS.—The term ‘progress period status’ means the
status of an institution of higher education that is determined by the Secretary
to be in danger of failing to meet title IV eligibility criteria relating to student
debt because the institution has an adjusted cohort default rate of not less than
10 percent and not more than 15 percent.’’.
SEC. 1003. GAINFUL EMPLOYMENT PROGRAMS.
Part A of title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
‘‘SEC. 104. PROGRAM OF TRAINING TO PREPARE STUDENTS FOR GAINFUL EMPLOYMENT IN
A RECOGNIZED OCCUPATION.
‘‘(a) GAINFUL EMPLOYMENT PROGRAM DEFINED.—In this Act (including for pur-
poses of sections 101 and 102), the term ‘program of training to prepare students
for gainful employment in a recognized occupation’ means a training program that—
‘‘(1) is in compliance with the performance metrics (including the eligibility
thresholds for each such metric) established under subsection (b)(1);
‘‘(2) is in compliance with the notice requirements under subsection
(b)(1)(C)(i)(II);
‘‘(3) is otherwise eligible to receive funds under title IV; and
‘‘(4) is not a training program that is substantially similar to a training pro-
gram which, during a period determined by the Secretary, did not meet one or
more of the performance metrics (such as an eligibility threshold) described in
paragraph (1).
‘‘(b) SECRETARIAL REQUIREMENTS.—
‘‘(1) ESTABLISHMENT OF REQUIREMENTS.—
‘‘(A) IN GENERAL.—Not later than 18 months after the date of enactment
of the College Affordability Act, the Secretary shall establish requirements
that training programs shall meet to be programs of training to prepare
students for gainful employment in a recognized occupation, which shall in-
clude—
‘‘(i) establishing performance metrics (including eligibility thresholds
for each such metric) described in subparagraph (B); and
‘‘(ii) developing a disclosure template and a verification process for
disclosures described in subparagraph (C).
‘‘(B) PERFORMANCE METRICS.—
‘‘(i) IN GENERAL.—In establishing the performance metrics under sub-
paragraph (A)(i), the Secretary shall, at a minimum, establish the re-
quirements for a debt-to-earnings rate that serves the best interests of
students and taxpayers, which shall include—
‘‘(I) a methodology for calculating such debt-to-earnings rate for
a training program, including—
‘‘(aa) a definition of the cohort of individuals on whom such
rate shall be based, who shall be selected from the individuals
who were enrolled in such training program (without regard to
whether the individuals received a loan for such enrollment);
‘‘(bb) a determination of the debt amount for such rate based
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on the median annual loan payment for the loans made under
title IV and the private education loans received for such en-
rollment by such cohort;
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8
‘‘(cc) a determination of the earnings amount for such rate
based on the mean or median of the actual, student-level an-
nual earnings for such cohort; and
‘‘(dd) establishing a process (such as an appeals process) to
authorize training programs to use alternate earnings in lieu
of the mean or median of the actual, student-level annual
earnings of a cohort; and
‘‘(II) establishing a threshold rate that—
‘‘(aa) each training program shall meet to be eligible to re-
ceive funds under title IV; and
‘‘(bb) is comparable to the eligibility thresholds for the debt-
to-earning ratio established in the final rule on ‘‘Program In-
tegrity: Gainful Employment’’ published by the Department of
Education in the Federal Register on October 31, 2014 (Fed.
Reg. 64890 et seq.).
‘‘(ii) EARNINGS DATA.—In determining the mean or median of the ac-
tual, student-level annual earnings for purposes of this subparagraph,
the Secretary shall obtain and use the most appropriate available Fed-
eral data on such earnings.
‘‘(C) DISCLOSURE TEMPLATE.—The Secretary shall develop—
‘‘(i) a disclosure template that—
‘‘(I) is consumer tested; and
‘‘(II) is used by each institution of higher education that offers a
training program to provide enrolled and prospective students (in-
cluding through publication on the website of such institution of
higher education for such training program)—
‘‘(aa) on an annual basis, student outcome information for
such program (including the debt-to-earnings rate and whether
the eligibility threshold for any other performance metric es-
tablished under subparagraph (A)(i) has been met); and
‘‘(bb) in a case in which the training program receives a no-
tice of determination under paragraph (2)(B) that the program
may be ineligible for funds under title IV, or may receive other
sanctions, not later than 30 days after receipt of such notice,
an explanation of such notice of determination; and
‘‘(ii) a process to annually verify that each institution of higher edu-
cation that offers a training program is providing the disclosures re-
quired under clause (i)(II).
‘‘(2) ENFORCEMENT OF REQUIREMENTS.—Not later than 2 years after the Sec-
retary establishes requirements under paragraph (1), and annually thereafter,
the Secretary shall, with respect to each training program that seeks to meet
the definition in subsection (a), including each such program that met such defi-
nition for most recent award year for which data are available—
‘‘(A) calculate the debt-to-earnings rate and assess performance with re-
spect to any other metric established under paragraph (1)(A)(i) for the pre-
ceding award year, and make such information publicly available on the
website of the Department;
‘‘(B) issue a notice of determination on whether the program meets the
definition in subsection (a), including whether the program shall be subject
to sanctions (such as loss of eligibility under title IV); and
‘‘(C) enforce the applicable sanctions.’’.
PART B—ADDITIONAL GENERAL PROVISIONS
SEC. 1011. ANTIDISCRIMINATION.
Section 111(a) of the Higher Education Act of 1965 (20 U.S.C. 1011(a)) is amended
by inserting ‘‘(including sexual orientation, gender identity, pregnancy, childbirth, a
medical condition related to pregnancy or childbirth, or sex stereotype)’’ after ‘‘sex’’.
SEC. 1012. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL QUALITY AND INTEGRITY.
Section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) is amended
by striking subsection (f).
SEC. 1013. DISCLOSURES OF FOREIGN GIFTS.
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(a) IN GENERAL.—Section 117 of the Higher Education Act of 1965 (20 U.S.C.
1011f) is amended—
(1) in subsection (b)—
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9
(A) in paragraph (1), by adding at the end the following: ‘‘In this para-
graph, the term ‘aggregate dollar amount’ includes the fair market value
of staff members, textbooks, and other in-kind gifts.’’; and
(B) in paragraph (2), by inserting ‘‘In this paragraph, the term ‘aggregate
dollar amount’ includes the fair market value of staff members, textbooks,
and other in-kind gifts.’’ after ‘‘each foreign government.’’;
(2) in subsection (d)—
(A) in paragraph (1) by striking ‘‘are substantially’’ and all that follows
through ‘‘this section,’’ and inserting ‘‘includes all information required by
this section,’’; and
(B) in paragraph (2) by striking ‘‘requirements substantially similar to
those’’ and inserting ‘‘all the information’’;
(3) in subsection (e), by adding at the end the following: ‘‘Not later than 30
days after receiving a disclosure report under this section, the Secretary shall
make such report electronically available to the public for downloading on
searchable database under which institutions can be individually identified and
compared.’’; and
(4) by amending subsection (g) to read as follows:
‘‘(g) REGULATIONS.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date of the enactment of
the College Affordability Act, the Secretary shall issue regulations to carry out
this section.
‘‘(2) PROCEDURE.—Regulations under paragraph (1) shall be—
‘‘(A) developed through the negotiated rulemaking process under section
492;
‘‘(B) developed with consultation from stakeholders; and
‘‘(C) published in the Federal Register in accordance with section 482.’’;
(5) in subsection (h)—
(A) in paragraph (3), by striking ‘‘or property’’ and inserting ‘‘property,
human resources, or payment of any staff’’; and
(B) in paragraph (5)(B), by inserting ‘‘institutes, instructional programs,’’
after ‘‘centers,’’; and
(6) by adding at the end the following:
‘‘(i) TREATMENT OF TUITION PAYMENT.—A tuition and related fees and expenses
payment to an institution by a foreign source made on behalf of a student enrolled
at such institution shall not be considered a gift from or contract with a foreign
source under this subsection.’’.
(b) EFFECTIVE DATE.—The amendments made by this section shall take effect on
the date on which the regulations issued under section 117(g)(1) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1011f(g)(1)), as amended by this section, take effect.
SEC. 1014. ALCOHOL AND SUBSTANCE MISUSE PREVENTION.
(a) IN GENERAL.—Section 120 of the Higher Education Act of 1965 (20 U.S.C.
1011i) is amended—
(1) in the section heading, by striking ‘‘DRUG AND ALCOHOL ABUSE’’ and in-
serting ‘‘ALCOHOL AND SUBSTANCE MISUSE’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking ‘‘a program to pre-
vent the use of illicit drugs and the abuse of alcohol by students and em-
ployees that,’’ and inserting ‘‘an evidence-based program to prevent alcohol
and substance misuse by students and employees that,’’;
(B) by amending paragraph (1)(C) to read as follows:
‘‘(C) a description of the health-risks associated with the use of illicit
drugs and alcohol and substance misuse;’’;
(C) by amending paragraph (1)(D) to read as follows:
‘‘(D) a description of any alcohol or substance misuse counseling, treat-
ment, rehabilitation, recovery, re-entry, or recovery support programs pro-
vided by the institution (including in partnership with a community-based
organization) that are available to employees or students;’’; and
(D) in paragraph (1)(E), by striking ‘‘that the institution will impose’’ and
inserting ‘‘of the policies of the institution regarding’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking ‘‘and’’ at the end of subparagraph (A);
(ii) in subparagraph (B), by striking the period and inserting ‘‘; and’’;
and
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(iii) by adding at the end the following:
‘‘(C) compliance assistance to assist institutions in complying with the re-
quirements of this section.’’;
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(B) by redesignating paragraph (2) as paragraph (4); and
(C) by inserting after paragraph (1) the following:
‘‘(2) INTERAGENCY AGREEMENT.—Not later than 180 days after the date of en-
actment of the College Affordability Act, the Secretary shall enter into a inter-
agency agreement with the Secretary of Health and Human Services to—
‘‘(A) determine criteria that satisfy the requirement of subsection (a) that
an institution of higher education has adopted and has implemented an evi-
dence-based program described in such subsection;
‘‘(B) establish a process for disseminating the best practices for adopting
and implementing such an evidence-based program; and
‘‘(C) establish a process that promotes coordination and collaboration be-
tween institutions of higher education and the respective State agencies
that administer the Substance Abuse Prevention and Treatment Block
Grants pursuant to subpart II of part B of title XIX of the Public Health
Service Act (42 U.S.C. 300x–21).
‘‘(3) GUIDANCE.—Not later than 1 year after the date of enactment of the Col-
lege Affordability Act, the Secretary shall, in coordination with the Secretary of
Health and Human Services, issue guidance with respect to the criteria de-
scribed in paragraph (2)(A).’’; and
(4) in subsection (e)—
(A) in the subsection heading, by striking ‘‘DRUG ABUSE’’ in the heading
and inserting ‘‘SUBSTANCE MISUSE’’;
(B) in paragraph (1)—
(i) by striking ‘‘other organizations’’ and inserting ‘‘community-based
organizations that partner with institutions of higher education’’;
(ii) by striking ‘‘programs of prevention, and education (including
treatment-referral) to reduce and eliminate the illegal use of drugs and
alcohol and the violence associated with such use’’ and inserting ‘‘evi-
dence-based programs of alcohol and substance misuse prevention and
education (including programs to improve access to treatment, referral
for treatment services, or crisis intervention services) to eliminate ille-
gal substance use, decrease substance misuse, and improve public
health and safety’’; and
(iii) by striking ‘‘alcohol and drug abuse’’ and inserting ‘‘substance
use disorder’’;
(C) by redesignating paragraphs (2) through (5) as paragraphs (3)
through (6), respectively;
(D) by inserting after paragraph (1) the following:
‘‘(2) ADDITIONAL USES.—In addition to the activities described in paragraph
(1), a grant or contract awarded under paragraph (1) may be used to carry out
1 or more of the following evidence-based programs or activities:
‘‘(A) Providing programs for recovery support services, and peer-to-peer
support services and counseling for students with a substance use disorder.
‘‘(B) Promoting integration and collaboration in campus-based health
services between primary care, substance use disorder services, and mental
health services.
‘‘(C) Promoting integrated care services for students related to screening,
diagnosis, prevention, and treatment of mental, behavioral, and substance
use disorders.
‘‘(D) Providing re-entry assistance for students on academic probation due
to their substance use disorder.
‘‘(E) Preventing fatal and nonfatal overdoses.
‘‘(F) Providing education to students, faculty, or other personnel on—
‘‘(i) recognizing the signs and symptoms of substance use disorder,
and how to engage and support a person in a crisis situation;
‘‘(ii) resources available in the community, within the institution of
higher education, and other relevant resources for individuals with a
substance use disorder; and
‘‘(iii) safely de-escalating crisis situations involving individuals with
a substance use disorder.’’; and
(E) by amending paragraph (6), as redesignated by subparagraph (C), to
read as follows:
‘‘(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section $15,000,000 for fiscal year 2021 and each of
the 5 succeeding fiscal years.’’.
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(b) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made
by this section shall take effect on the date of enactment of this Act.
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11
(2) DELAYED EFFECTIVE DATES.—The amendments made by subsection (a)(2)
shall apply to institutions of higher education on the date that is 2 years after
the date of enactment of this Act.
SEC. 1015. EXCEPTION TO REQUIRED REGISTRATION WITH SELECTIVE SERVICE SYSTEM.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is
amended by adding at the end the following:
‘‘SEC. 124. EXCEPTION TO REQUIRED REGISTRATION WITH SELECTIVE SERVICE SYSTEM.
‘‘Notwithstanding section 12(f) of the Military Selective Service Act (50 U.S.C.
3811(f)), a person shall not be ineligible for assistance or a benefit provided under
title IV if the person is required under section 3 of such Act (50 U.S.C. 3802) to
present himself for and submit to registration under such section, and fails to do
so in accordance with any proclamation, rule, or regulation issued under such sec-
tion.’’.
SEC. 1016. INTEGRITY OF NONPROFIT INSTITUTIONS OF HIGHER EDUCATION.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as
amended by this part, is further amended by adding at the end the following:
‘‘SEC. 125. INTEGRITY OF NONPROFIT INSTITUTIONS OF HIGHER EDUCATION.
‘‘(a) DETERMINATION.—The Secretary may approve the conversion of an institution
of higher education to a nonprofit institution of higher education only if the Sec-
retary determines that such institution of higher education meets the requirements
under subsection (b).
‘‘(b) APPLICATION.—To be eligible to convert and participate as a nonprofit institu-
tion of higher education under this Act, an institution of higher education shall sub-
mit an application to the Secretary that demonstrates each of the following:
‘‘(1) That the institution of higher education that submits such application is
controlled, owned, and operated by one or more nonprofit corporations or asso-
ciations, no part of the net earnings of which inures, or may lawfully inure, to
the benefit of any private shareholder or individual.
‘‘(2) That any assets or services acquired by the institution of higher edu-
cation that submits such application from former owners of such institution of
higher education were not acquired for more than the value of such assets or
services.
‘‘(3) That no member of the governing board of the institution of higher edu-
cation that submits such application (other than ex officio members serving at
the pleasure of the remainder of the governing board and receiving a fixed sal-
ary), or any person with the power to appoint or remove members of such gov-
erning board or any immediate family member of such a member of the board
or such a person with power of appointment, receives any substantial direct or
indirect economic benefit (including a lease, promissory note, or other contract)
from such institution of higher education.
‘‘(4) That the institution of higher education that submits such application is
an organization described in section 501(c)(3) of the Internal Revenue Code of
1986 and is exempt from taxation under section 501(a) of such Code.
‘‘(5) Subject to subsection (c), that none of the core functions of the institution
of higher education that submits such application are under the control of, or
subject to significant direction from, an entity that is not a public institution
of higher education or other nonprofit entity.
‘‘(c) PRESUMPTION OF SIGNIFICANT DIRECTION.—For purposes of paragraph (5) of
subsection (b), in the case of an institution of higher education that submits an ap-
plication under such subsection, there shall be a conclusive presumption that an en-
tity (other than such institution of higher education) exercises significant direction
over such institution if one or more of the employees or owners of the entity serves
as an officer, member of the board, or person holding similar authority for such in-
stitution.
‘‘(d) TRANSITION PERIOD.—
‘‘(1) IN GENERAL.—In the case of a proprietary institution of higher education
approved for conversion under subsection (a), for a period of at least 5 years
that begins on the date such institution is approved for such conversion, the in-
stitution shall be—
‘‘(A) subject to any provision of this Act and any regulation that apply to
proprietary institutions of higher education; and
‘‘(B) considered a proprietary institution of higher education for purposes
of this Act.
‘‘(2) DEFINITION.—The term ‘proprietary institution of higher education’ has
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the meaning given the term in section 102(b).
‘‘(e) VALUE.—The term ‘value’, with respect to an acquisition under subsection
(b)(2)—
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12
‘‘(1) includes the value of any ongoing relationship (including any contract,
agreement, lease or other arrangement);
‘‘(2) subject to paragraph (3), may be demonstrated through—
‘‘(A) a third-party appraisal based on comparable assets acquired by, or
goods or services procured by, nonprofit corporations in similar market con-
ditions;
‘‘(B) an independent financing of the acquisition based upon the assets ac-
quired; or
‘‘(C) a full and open competition in the acquisition of services or assets,
as such term is defined in section 2.101(b) of title 48, Code of Federal Regu-
lations, as in effect on the date of the enactment of this section; and
‘‘(3) shall be subject to such other demonstration process determined appro-
priate by the Secretary in a case in which the Secretary does not accept a dem-
onstration process described in paragraph (2).
‘‘(f) PUBLICATION.—
‘‘(1) APPLICATION.—Before the Secretary may approve the conversion of an in-
stitution of higher education under subsection (a), the application of such insti-
tution submitted to the Secretary under subsection (b) shall be published in the
Federal Register with an appropriate notice and comment period.
‘‘(2) DETERMINATION.—The Secretary shall publish each determination under
this section, and the reasons for such determination, under the Federal Reg-
ister.
‘‘(g) PUBLIC REPRESENTATION AND MARKETING OF NONPROFIT STATUS.—An institu-
tion of higher education shall not promote or market itself, in any manner, as a non-
profit institution of higher education unless—
‘‘(1) in the case of an institution of higher education that seeks to convert to
a nonprofit institution of higher education under this section—
‘‘(A) the Secretary has given final approval of the conversion of the insti-
tution to a nonprofit institution of higher education under this section;
‘‘(B) an accrediting agency or association recognized by the Secretary pur-
suant to section 496 has approved the nonprofit status of the institution;
and
‘‘(C) the State has given final approval to the institution as a nonprofit
institution of higher education, as applicable; and
‘‘(2) the Commissioner of Internal Revenue has approved the institution as
tax exempt for purposes of the Internal Revenue Code of 1986.
‘‘(h) OFFICE TO MONITOR NONPROFIT INTEGRITY.—Not later than 1 year after the
date of enactment of the College Affordability Act, the Secretary shall establish an
office within the Department with the expertise necessary to carry out this section.
‘‘SEC. 126. REVIEW OF GOVERNANCE.
‘‘The Secretary shall review the governance of an institution of higher education
when such institution has engaged in transactions or arrangements determined by
the Secretary as potential indicators of private inurement, in order to promote the
highest standards of nonprofit integrity.’’.
SEC. 1017. SUPPORT AND GUIDANCE FOR HOMELESS INDIVIDUALS AND FOSTER CARE
YOUTH.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as
amended by this part, is further amended by adding at the end the following:
‘‘SEC. 127. SUPPORT AND GUIDANCE FOR HOMELESS INDIVIDUALS AND FOSTER CARE YOUTH.
‘‘(a) GUIDANCE.—Not later than 120 days after the date of enactment of the Col-
lege Affordability Act, the Secretary shall issue revised guidance for institutions of
higher education and financial aid administrators regarding serving homeless indi-
viduals and foster care youth, including the requirements of the determination proc-
ess for financial aid administrators as specified in section 480(d).
‘‘(b) PROFESSIONAL DEVELOPMENT.—Beginning not later than 1 year after the date
of enactment of the College Affordability Act, the Secretary shall conduct an annual
professional development or training program, such as a webinar, for liaisons de-
scribed under section 485(k) and interested faculty or staff regarding postsecondary
education services for such homeless individuals and foster care youth.
‘‘(c) REPORT.—Not later than 1 year after the date of enactment of the College Af-
fordability Act, and not less than once every 5 years thereafter, the Secretary shall
prepare and submit to Congress a report containing strategies used by institutions,
financial aid administrators, and liaisons described under section 485(k) that were
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effective in meeting the needs of such homeless individuals and foster care youth,
including strategies relating to streamlining financial aid policies and procedures
and postsecondary education recruitment, retention, and completion.
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‘‘(d) HOMELESS INDIVIDUAL DEFINED.—In this section, the term ‘homeless indi-
vidual’ has the meaning given the term in section 402A.’’.
SEC. 1018. CALCULATION OF PERCENTAGE OF ENROLLED STUDENTS RECEIVING OR ELIGI-
BLE FOR FEDERAL PELL GRANTS.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as
amended by this part, is further amended by adding at the end the following:
‘‘SEC. 128. CALCULATION OF PERCENTAGE OF ENROLLED STUDENTS RECEIVING OR ELIGI-
BLE FOR FEDERAL PELL GRANTS.
‘‘Beginning on the date of enactment of the College Affordability Act, for purposes
of calculating under this Act the percentage of students enrolled at an institution
of higher education or in a program who are receiving Federal Pell Grants under
section 401 or who are eligible to receive such grants, the total number of students
who are counted as enrolled in such institution or program shall not include stu-
dents who are dually or concurrently enrolled in the institution or program and a
secondary school.’’.
SEC. 1019. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.
(a) IN GENERAL.—Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.), as amended by this part, is further amended by adding at the end
the following:
‘‘SEC. 129. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL FUNDS.
‘‘(a) PROHIBITION.—No Federal funds received under this Act by an institution of
higher education or other postsecondary educational institution may be used to pay
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with any Federal action described in sub-
section (b).
‘‘(b) APPLICABILITY.—The prohibition in subsection (a) applies with respect to the
following Federal actions:
‘‘(1) The awarding of any Federal contract.
‘‘(2) The making of any Federal grant.
‘‘(3) The making of any Federal loan.
‘‘(4) The entering into of any Federal cooperative agreement.
‘‘(5) The extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
‘‘(c) LOBBYING AND EARMARKS.—No Federal student aid funding under this Act
may be used to hire a registered lobbyist or pay any person or entity for securing
an earmark.
‘‘(d) CERTIFICATION.—Each institution of higher education or other postsecondary
educational institution receiving Federal funding under this Act, as a condition for
receiving such funding, shall annually certify to the Secretary that the requirements
of subsections (a) through (c) have been met.
‘‘(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The Secretary shall take such actions
as are necessary to ensure that the provisions of this section are implemented and
enforced.’’.
(b) CONFORMING AMENDMENT.—
(1) IN GENERAL.—Section 119 of the Higher Education Opportunity Act (20
U.S.C. 1011m) is repealed.
(2) CONFORMING AMENDMENT.—The table of sections in section 1(b) of the
Higher Education Opportunity Act is amended by striking the item relating to
section 119.
SEC. 1020. FREEDOM OF ASSOCIATION.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as
amended by this part, is further amended by adding at the end the following:
‘‘SEC. 130. FREEDOM OF ASSOCIATION.
‘‘(a) NON-RETALIATION AGAINST STUDENTS OF SINGLE-SEX SOCIAL ORGANIZA-
TIONS.—An institution of higher education that receives funds under this Act shall
not—
‘‘(1) take any action to require or coerce a student or prospective student who
is a member or prospective member of a single-sex social organization to waive
the requirements of paragraph (2), including as a condition of enrolling in the
institution; or
‘‘(2) take any adverse action against a student who is a member or a prospec-
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tive member of a single-sex social organization based solely on the membership
practice of such organization limiting membership to only individuals of one sex.
‘‘(b) RULES OF CONSTRUCTION.—Nothing in this section shall—
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14
‘‘(1) require an institution of higher education to officially recognize a single-
sex organization;
‘‘(2) prohibit an institution of higher education from taking an adverse action
against a student who joins a single-sex social organization for a reason includ-
ing academic misconduct or nonacademic misconduct, or because the organiza-
tion’s purpose poses a clear harm to the students or employees, so long as that
adverse action is not based solely on the membership practice of the organiza-
tion of limiting membership to only individuals of one sex; or
‘‘(3) inhibit the ability of the faculty, staff, or administrators of an institution
of higher education to express an opinion (either individually or collectively)
about membership in a single-sex social organization, or otherwise inhibit the
academic freedom of such faculty, staff, or administrators to research, write, or
publish material about membership in such an organization.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) ADVERSE ACTION.—The term ‘adverse action’ means any of the following
actions taken by an institution of higher education with respect to a member
or prospective member of a single-sex social organization:
‘‘(A) Expulsion, suspension, probation, censure, condemnation, formal rep-
rimand, or any other disciplinary action, coercive action, or sanction taken
by an institution of higher education or administrative unit of such institu-
tion.
‘‘(B) An oral or written warning with respect to an action described in
subparagraph (A).
‘‘(C) An action to deny participation in any education program or activity.
‘‘(D) An action to withhold, in whole or in part, any financial assistance
(including scholarships and on campus employment), or denying the oppor-
tunity to apply for financial assistance, a scholarship, a graduate fellow-
ship, or on-campus employment.
‘‘(E) An action to deny or restrict access to on-campus housing.
‘‘(F) An act to deny any certification, endorsement, or letter of rec-
ommendation that may be required by a student’s current or future em-
ployer, a government agency, a licensing board, an institution of higher
education, a scholarship program, or a graduate fellowship to which the
student seeks to apply.
‘‘(G) An action to deny participation in any sports team, club, or other
student organization, including a denial of any leadership position in any
sports team, club, or other student organization.
‘‘(H) An action to require any student to certify that such student is not
a member of a single-sex social organization or to disclose the student’s
membership in a single-sex social organization.
‘‘(2) SINGLE-SEX SOCIAL ORGANIZATION.—The term ‘single-sex social organiza-
tion’ means—
‘‘(A) a social fraternity or sorority described in section 501(c) of the Inter-
nal Revenue Code of 1986 which is exempt from taxation under section
501(a) of such Code; or
‘‘(B) an organization that has been historically single-sex, the active mem-
bership of which consists primarily of students or alumni of an institution
of higher education or multiple institutions of higher education.’’.
PART C—COST OF HIGHER EDUCATION
SEC. 1021. CONSUMER INFORMATION.
(a) NET PRICE CALCULATORS.—
(1) MINIMUM STANDARDS.—Section 132(h) of the Higher Education Act of 1965
(20 U.S.C. 1015a(h)) is amended—
(A) by redesignating paragraph (4) as paragraph (6);
(B) in paragraph (2), by inserting before the period ‘‘, and, not later than
1 year after the date of enactment of the College Affordability Act, shall
meet the requirements of paragraph (4)(C)’’;
(C) in paragraph (3), by inserting after the first sentence the following:
‘‘Not later than 1 year after the date of enactment of the College Afford-
ability Act, such calculator shall meet the requirements of paragraph (4).’’;
and
(D) by inserting after paragraph (3) the following:
‘‘(4) MINIMUM REQUIREMENTS FOR NET PRICE CALCULATORS.—Not later than 1
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year after the date of enactment of the College Affordability Act, a net price cal-
culator for an institution of higher education shall, at a minimum, meet the fol-
lowing requirements:
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15
‘‘(A) The link for the calculator—
‘‘(i) is clearly labeled as a ‘net price calculator’ and prominently,
clearly, and conspicuously (in such size and contrast (such as shade)
that it is readily noticeable and readable) posted in locations on the in-
stitution’s website where information on costs and aid is provided (such
as financial aid, prospective students, or tuition and fees web pages);
‘‘(ii) matches in size and font to the other prominent links on the pri-
mary menu; and
‘‘(iii) may also be included on the institution’s compliance web page,
which contains information relating to compliance with Federal, State,
and local laws.
‘‘(B) The input screen for the net price calculator displays a chart of the
net prices for students receiving Federal student financial aid under title
IV (as required by subsection (i)(5)) for the most recent academic year for
which data are available, disaggregated by income categories.
‘‘(C) The results screen for the calculator specifies the following informa-
tion:
‘‘(i) The individual net price (as calculated under paragraph (2)) for
the individual student, which is the most visually prominent figure on
the results screen, including a statement of—
‘‘(I) the year for which the net price applies; and
‘‘(II) the year from which the data was used to determine that
net price.
‘‘(ii) Cost of attendance, including—
‘‘(I) the total estimated cost for a student to complete the pro-
gram of study, based on normal time for completion of, or gradua-
tion from, the student’s particular program of study;
‘‘(II) the total annual cost of attendance;
‘‘(III) annual tuition and fees;
‘‘(IV) average annual cost of room and board for the institution
for a first-time, full-time undergraduate student enrolled in the in-
stitution;
‘‘(V) average annual cost of books and supplies for a first-time,
full-time undergraduate student enrolled in the institution;
‘‘(VI) estimated annual cost of other expenses (including personal
expenses and transportation) for a first-time, full-time under-
graduate student enrolled in the institution; and
‘‘(VII) a statement of—
‘‘(aa) the year for which each cost described in this clause ap-
plies; and
‘‘(bb) the year from which the data was used to determine
each cost described in this clause.
‘‘(iii) Estimated total need-based grant aid and merit-based grant aid,
from Federal, State, and institutional sources, that may be available to
the individual student, showing the subtotal for each category and the
total of all sources of grant aid, and disaggregated by academic year
for normal time for completion of, or graduation from, the student’s
particular program of study.
‘‘(iv) Percentage of the first-time, full-time undergraduate students
enrolled in the institution that received any type of grant aid described
in clause (iii), disaggregated by their first year and subsequent years
of enrollment up to the number of years for normal completion of, or
graduation from, their particular program of study.
‘‘(v) The disclaimer described in paragraph (6).
‘‘(vi) In the case of a calculator that—
‘‘(I) includes questions to estimate a student’s (or prospective stu-
dent’s) eligibility for veterans’ education benefits (as defined in sec-
tion 480) or educational benefits for active duty service members,
such benefits are displayed on the results screen in a manner that
clearly distinguishes them from the grant aid described in clause
(iii); or
‘‘(II) does not include questions to estimate eligibility for the ben-
efits described in subclause (I), the results screen indicates—
‘‘(aa) that certain students (or prospective students) may
qualify for such benefits;
‘‘(bb) states why the institution is not including questions to
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estimate a student’s eligibility for such benefits; and
‘‘(cc) includes a link to an appropriate Federal website that
provides information about such benefits.
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16
‘‘(D) The institution populates the calculator with data from not earlier
than 2 academic years prior to the most recent academic year.
‘‘(5) PROHIBITION ON USE OF DATA COLLECTED BY THE NET PRICE CALCU-
LATOR.—A net price calculator for an institution of higher education shall—
‘‘(A) clearly indicate which questions are required to be completed for an
estimate of the net price from the calculator;
‘‘(B) in the case of a calculator that requests contact information from
users, clearly mark such requests as ‘optional’;
‘‘(C) prohibit any personally identifiable information provided by users
from being sold or made available to third parties; and
‘‘(D) clearly state ‘Any information that you provide on this site is con-
fidential. The Net Price Calculator does not store your responses or require
personal identifying information of any kind.’.’’.
(2) UNIVERSAL NET PRICE CALCULATOR.—Section 132(h) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1015a(h)), as amended by paragraph (1), is further
amended by adding at the end the following:
‘‘(7) UNIVERSAL NET PRICE CALCULATOR.—
‘‘(A) IN GENERAL.—The Secretary may develop a universal net price calcu-
lator that is housed within the Department of Education, with Department
branding, and that may be based on or utilize an existing platform devel-
oped by a public or private entity, that—
‘‘(i) enables users to answer one set of questions and receive net
prices for any institution that is required to have a net price calculator
under this subsection;
‘‘(ii) provides the information required under subparagraphs (C) and
(D) of paragraph (4) for each institution for which a net price is being
sought;
‘‘(iii) is developed in consultation with the heads of relevant Federal
agencies; and
‘‘(iv) before being finalized and publicly released, is tested in accord-
ance with subparagraph (B).
‘‘(B) CONSUMER TESTING.—
‘‘(i) IN GENERAL.—If the Secretary develops a universal net price cal-
culator under subparagraph (A), the Secretary, in consultation with the
heads of relevant Federal agencies, shall establish a process to submit
the universal net price calculator developed under this paragraph for
consumer testing among representatives of students (including low-in-
come students, first generation college students, adult students, and
prospective students), students’ families (including low-income families,
families with first generation college students, and families with pro-
spective students), institutions of higher education, secondary school
and postsecondary counselors, and nonprofit consumer groups.
‘‘(ii) LENGTH OF CONSUMER TESTING.—The Secretary shall ensure that
the consumer testing lasts no longer than 6 months after the process
for consumer testing is developed under clause (i).
‘‘(iii) USE OF RESULTS.—The results of consumer testing under clause
(i) shall be used in the final development of the universal net price cal-
culator.
‘‘(iv) REPORTING REQUIREMENT.—Not later than 3 months after the
date the consumer testing under clause (i) concludes, the Secretary
shall submit to Congress the final universal net price calculator and a
report detailing the results of such testing, including whether the Sec-
retary added any additional items to the calculator as a result of such
testing.
‘‘(v) AUTHORITY TO MODIFY.—The Secretary may modify the defini-
tions, terms, formatting, and design of the universal net price calcu-
lator based on the results of consumer testing required under this para-
graph and before finalizing the calculator.
‘‘(8) REPORT FROM SECRETARY.—Not later than 1 year after the date of enact-
ment of the College Affordability Act, the Secretary shall submit a report to
Congress on steps taken to raise awareness of net price calculators among pro-
spective students and families, particularly among students in middle school
and high school and students from low-income families.’’.
(b) INSTITUTIONAL EXPENDITURES.—Section 132(i)(1) of the Higher Education Act
of 1965 (20 U.S.C. 1015a(i)(1)) is amended—
(1) in subparagraph (T), by striking ‘‘rate,’’ and inserting ‘‘rate and adjusted
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cohort default rate,’’; and
(2) by adding at the end the following:
‘‘(AA) The institution’s expenditures on each of the following:
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17
‘‘(i) Instruction.
‘‘(ii) Student services.
‘‘(iii) Marketing.
‘‘(iv) Recruitment.
‘‘(v) Advertising.
‘‘(vi) Lobbying.’’.
SEC. 1022. POSTSECONDARY STUDENT DATA SYSTEM.
(a) POSTSECONDARY STUDENT DATA SYSTEM.—Section 132 of the Higher Education
Act of 1965 (20 U.S.C. 1015a) is amended—
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
‘‘(l) POSTSECONDARY STUDENT DATA SYSTEM.—
‘‘(1) IN GENERAL.—
‘‘(A) ESTABLISHMENT OF SYSTEM.—The Commissioner of the National Cen-
ter for Education Statistics (referred to in this subsection as the ‘Commis-
sioner’) shall develop and maintain a secure, privacy-protected postsec-
ondary student-level data system in order to—
‘‘(i) accurately evaluate student enrollment patterns, progression,
completion, and postcollegiate outcomes, and higher education costs
and financial aid;
‘‘(ii) assist with transparency, institutional improvement, and anal-
ysis of Federal aid programs;
‘‘(iii) provide accurate, complete, and customizable information for
students and families making decisions about postsecondary education;
and
‘‘(iv) reduce the reporting burden on institutions of higher education,
in accordance with section 1022(b)(2) of the College Affordability Act.
‘‘(B) AVOIDING DUPLICATED REPORTING.—Notwithstanding any other pro-
vision of this section, to the extent that another provision of this section re-
quires the same reporting or collection of data that is required under this
subsection, an institution of higher education, or the Secretary or Commis-
sioner, may use the reporting or data required for the postsecondary stu-
dent data system under this subsection to satisfy both requirements.
‘‘(C) DEVELOPMENT PROCESS.—In developing the postsecondary student
data system described in this subsection, the Commissioner shall—
‘‘(i) focus on the needs of—
‘‘(I) users of the data system; and
‘‘(II) entities, including institutions of higher education, reporting
to the data system;
‘‘(ii) take into consideration, to the extent practicable—
‘‘(I) the guidelines outlined in the U.S. Web Design Standards
maintained by the General Services Administration and the Digital
Services Playbook and TechFAR Handbook for Procuring Digital
Services Using Agile Processes of the U.S. Digital Service; and
‘‘(II) the relevant successor documents or recommendations of
such guidelines;
‘‘(iii) use modern, relevant privacy- and security-enhancing tech-
nology, and enhance and update the data system as necessary to carry
out the purpose of this subsection;
‘‘(iv) ensure data privacy and security is consistent with any Federal
law relating to privacy or data security, including—
‘‘(I) the requirements of subchapter II of chapter 35 of title 44,
United States Code, specifying security categorization under the
Federal Information Processing Standards or any relevant suc-
cessor of such standards;
‘‘(II) security requirements that are consistent with the Federal
agency responsibilities in section 3554 of title 44, United States
Code, or any relevant successor of such responsibilities; and
‘‘(III) security requirements, guidelines, and controls consistent
with cybersecurity standards and best practices developed by the
National Institute of Standards and Technology, including frame-
works, consistent with section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)), or any relevant
successor of such frameworks;
‘‘(v) follow Federal data minimization practices to ensure only the
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minimum amount of data is collected to meet the system’s goals, in ac-
cordance with Federal data minimization standards and guidelines de-
veloped by the National Institute of Standards and Technology; and
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18
‘‘(vi) provide notice to students outlining the data included in the sys-
tem and how the data are used.
‘‘(2) DATA ELEMENTS.—
‘‘(A) IN GENERAL.—The Commissioner, in consultation with the Postsec-
ondary Student Data System Advisory Committee established under sub-
paragraph (B), shall determine—
‘‘(i) the data elements to be included in the postsecondary student
data system, in accordance with subparagraphs (C) and (D); and
‘‘(ii) how to include the data elements required under subparagraph
(C), and any additional data elements selected under subparagraph (D),
in the postsecondary student data system.
‘‘(B) POSTSECONDARY STUDENT DATA SYSTEM ADVISORY COMMITTEE.—
‘‘(i) ESTABLISHMENT.—The Commissioner shall establish a Postsec-
ondary Student Data System Advisory Committee (referred to in this
subsection as the ‘Advisory Committee’), whose members shall in-
clude—
‘‘(I) the Chief Privacy Officer of the Department or an official of
the Department delegated the duties of overseeing data privacy at
the Department;
‘‘(II) the Chief Security Officer of the Department or an official
of the Department delegated the duties of overseeing data security
at the Department;
‘‘(III) representatives of diverse institutions of higher education,
which shall include equal representation between 2-year and 4-
year institutions of higher education, and from public, nonprofit,
and proprietary institutions of higher education, including minor-
ity-serving institutions;
‘‘(IV) representatives from State higher education agencies, enti-
ties, bodies, or boards;
‘‘(V) representatives of postsecondary students;
‘‘(VI) representatives from relevant Federal agencies; and
‘‘(VII) other stakeholders (including individuals with expertise in
data privacy and security, consumer protection, and postsecondary
education research).
‘‘(ii) REQUIREMENTS.—The Commissioner shall ensure that the Advi-
sory Committee—
‘‘(I) adheres to all requirements under the Federal Advisory Com-
mittee Act (5 U.S.C. App.);
‘‘(II) establishes operating and meeting procedures and guide-
lines necessary to execute its advisory duties; and
‘‘(III) is provided with appropriate staffing and resources to exe-
cute its advisory duties.
‘‘(C) REQUIRED DATA ELEMENTS.—The data elements in the postsecondary
student data system shall include, at a minimum, the following:
‘‘(i) Student-level data elements necessary to calculate the informa-
tion within the surveys designated by the Commissioner as ‘student-re-
lated surveys’ in the Integrated Postsecondary Education Data System
(IPEDS), as such surveys are in effect on the day before the date of en-
actment of the College Affordability Act, except that in the case that
collection of such elements would conflict with subparagraph (F), such
elements in conflict with subparagraph (F) shall be included in the ag-
gregate instead of at the student level.
‘‘(ii) Student-level data elements necessary to allow for reporting stu-
dent enrollment, persistence, retention, transfer, and completion meas-
ures for all credential levels separately (including certificate, associate,
baccalaureate, and advanced degree levels), within and across institu-
tions of higher education (including across all categories of institution
level, control, and predominant degree awarded). The data elements
shall allow for reporting about all such data disaggregated by the fol-
lowing categories:
‘‘(I) Enrollment status as a first-time student, recent transfer
student, or other non-first-time student.
‘‘(II) Attendance intensity, whether full-time or part-time.
‘‘(III) Credential-seeking status, by credential level.
‘‘(IV) Race or ethnicity (in accordance with section 153(a)(3)(B) of
the Education Sciences Reform Act (20 U.S.C. 9543(a)(3)(B))).
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‘‘(V) Age intervals.
‘‘(VI) Gender.
‘‘(VII) Program of study (as applicable).
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19
‘‘(VIII) Military or veteran benefit status (as determined based
on receipt of veteran’s education benefits, as defined in section
480(c)).
‘‘(IX) Status as a distance education student, whether exclusively
or partially enrolled in distance education.
‘‘(X) Federal Pell Grant and Federal loan recipient status, pro-
vided that the collection of such information complies with para-
graph (1)(B).
‘‘(D) OTHER DATA ELEMENTS.—
‘‘(i) IN GENERAL.—The Commissioner may, after consultation with the
Advisory Committee and provision of a public comment period, include
additional data elements in the postsecondary student data system,
such as those described in clause (ii), if those data elements—
‘‘(I) are necessary to ensure that the postsecondary data system
fulfills the purposes described in paragraph (1)(A); and
‘‘(II) are consistent with data minimization principles, including
the collection of only those additional elements that are necessary
to ensure such purposes.
‘‘(ii) DATA ELEMENTS.—The data elements described in clause (i) may
include—
‘‘(I) status as a first generation college student (as defined in sec-
tion 402A(h));
‘‘(II) economic status;
‘‘(III) participation in postsecondary remedial coursework or gate-
way course completion; or
‘‘(IV) other data elements that are necessary in accordance with
clause (i).
‘‘(E) REEVALUATION.—Not less than once every 3 years after the imple-
mentation of the postsecondary student data system described in this sub-
section, the Commissioner, in consultation with the Advisory Committee de-
scribed in subparagraph (B), shall review the data elements included in the
postsecondary student data system and may revise the data elements to be
included in such system.
‘‘(F) PROHIBITIONS.—The Commissioner shall not include individual
health data (including data relating to physical health or mental health),
student discipline records or data, elementary and secondary education
data, an exact address, citizenship status, migrant status, or national origin
status for students or their families, course grades, postsecondary entrance
examination results, political affiliation, or religion in the postsecondary
student data system under this subsection.
‘‘(3) PERIODIC MATCHING WITH OTHER FEDERAL DATA SYSTEMS.—
‘‘(A) DATA SHARING AGREEMENTS.—
‘‘(i) The Commissioner shall ensure secure, periodic data matches by
entering into data sharing agreements with each of the following Fed-
eral agencies and offices:
‘‘(I) The Secretary of the Treasury and the Commissioner of the
Internal Revenue Service, in order to calculate aggregate program-
and institution-level earnings of postsecondary students.
‘‘(II) The Secretary of Defense, in order to assess the use of post-
secondary educational benefits and the outcomes of
servicemembers.
‘‘(III) The Secretary of Veterans Affairs, in order to assess the
use of postsecondary educational benefits and outcomes of vet-
erans.
‘‘(IV) The Director of the Bureau of the Census, in order to assess
the occupational and earnings outcomes of former postsecondary
education students.
‘‘(V) The Chief Operating Officer of the Office of Federal Student
Aid, in order to analyze the use of postsecondary educational bene-
fits provided under this Act.
‘‘(ii) The heads of Federal agencies and offices described under clause
(i) shall enter into data sharing agreements with the Commissioner to
ensure secure, periodic data matches as described in this paragraph.
‘‘(B) CATEGORIES OF DATA.—The Commissioner shall, at a minimum, seek
to ensure that the secure periodic data system matches described in sub-
paragraph (A) permit consistent reporting of the following categories of data
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for all postsecondary students:
‘‘(i) Enrollment, retention, transfer, and completion outcomes for all
postsecondary students.
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‘‘(ii) Financial indicators for postsecondary students receiving Federal
grants and loans, including grant and loan aid by source, cumulative
student debt, loan repayment status, and repayment plan.
‘‘(iii) Post-completion outcomes for all postsecondary students, includ-
ing earnings, employment, and further education, by program of study
and credential level and as measured—
‘‘(I) immediately after leaving postsecondary education; and
‘‘(II) at time intervals appropriate to the credential sought and
earned.
‘‘(C) PERIODIC DATA MATCH STREAMLINING AND CONFIDENTIALITY.—
‘‘(i) STREAMLINING.—In carrying out the secure periodic data system
matches under this paragraph, the Commissioner shall—
‘‘(I) ensure that such matches are not continuous, but occur at
appropriate intervals, as determined by the Commissioner; and
‘‘(II) seek to—
‘‘(aa) streamline the data collection and reporting require-
ments for institutions of higher education;
‘‘(bb) minimize duplicative reporting across or within Federal
agencies or departments, including reporting requirements ap-
plicable to institutions of higher education under the Work-
force Innovation and Opportunity Act (29 U.S.C. 3101 et seq.)
and the Carl D. Perkins Career and Technical Education Act
of 2006;
‘‘(cc) protect student privacy; and
‘‘(dd) streamline the application process for student loan ben-
efit programs available to borrowers based on data available
from different Federal data systems.
‘‘(ii) REVIEW.—Not less often than once every 3 years after the estab-
lishment of the postsecondary student data system under this sub-
section, the Commissioner, in consultation with the Advisory Com-
mittee, shall review methods for streamlining data collection from insti-
tutions of higher education and minimizing duplicative reporting within
the Department and across Federal agencies that provide data for the
postsecondary student data system.
‘‘(iii) CONFIDENTIALITY.—The Commissioner shall ensure that any
periodic matching or sharing of data through periodic data system
matches established in accordance with this paragraph—
‘‘(I) complies with the security and privacy protections described
in paragraph (1)(C)(iv) and other Federal data protection protocols;
‘‘(II) follows industry best practices commensurate with the sen-
sitivity of specific data elements or metrics;
‘‘(III) does not result in the creation of a single standing, linked
Federal database at the Department that maintains the informa-
tion reported across other Federal agencies; and
‘‘(IV) discloses to postsecondary students what data are included
in the data system and periodically matched and how the data are
used.
‘‘(iv) CORRECTION.—The Commissioner, in consultation with the Advi-
sory Committee, shall establish a process for students to request access
to only their personal information for inspection and request correc-
tions to inaccuracies in a manner that protects the student’s personally
identifiable information. The Commissioner shall respond in writing to
every request for a correction from a student.
‘‘(4) PUBLICLY AVAILABLE INFORMATION.—
‘‘(A) IN GENERAL.—The Commissioner shall make the summary aggregate
information described in subparagraph (C), at a minimum, publicly avail-
able through a user-friendly consumer information website and analytic tool
that—
‘‘(i) provides appropriate mechanisms for users to customize and filter
information by institutional and student characteristics;
‘‘(ii) allows users to build summary aggregate reports of information,
including reports that allow comparisons across multiple institutions
and programs, subject to subparagraph (B);
‘‘(iii) uses appropriate statistical disclosure limitation techniques nec-
essary to ensure that the data released to the public cannot be used
to identify specific individuals; and
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‘‘(iv) provides users with appropriate contextual factors to make com-
parisons, which may include national median figures of the summary
aggregate information described in subparagraph (C).
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‘‘(B) NO PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE.—The sum-
mary aggregate information described in this paragraph shall not include
personally identifiable information.
‘‘(C) SUMMARY AGGREGATE INFORMATION AVAILABLE.—The summary ag-
gregate information described in this paragraph shall, at a minimum, in-
clude each of the following for each institution of higher education:
‘‘(i) Measures of student access, including—
‘‘(I) admissions selectivity and yield; and
‘‘(II) enrollment, disaggregated by each category described in
paragraph (2)(C)(ii).
‘‘(ii) Measures of student progression, including retention rates and
persistence rates, disaggregated by each category described in para-
graph (2)(C)(ii).
‘‘(iii) Measures of student completion, including—
‘‘(I) transfer rates and completion rates, disaggregated by each
category described in paragraph (2)(C)(ii); and
‘‘(II) number of completions, disaggregated by each category de-
scribed in paragraph (2)(C)(ii).
‘‘(iv) Measures of student costs, including—
‘‘(I) tuition, required fees, total cost of attendance, and net price
after total grant aid, disaggregated by in-State tuition or in-district
tuition status (if applicable), program of study (if applicable), and
credential level; and
‘‘(II) typical grant amounts and loan amounts received by stu-
dents reported separately from Federal, State, local, and institu-
tional sources, and cumulative debt, disaggregated by each cat-
egory described in paragraph (2)(C)(ii) and completion status.
‘‘(v) Measures of postcollegiate student outcomes, including employ-
ment rates, mean and median earnings, loan repayment and default
rates, and further education rates. These measures shall—
‘‘(I) be disaggregated by each category described in paragraph
(2)(C)(ii) and completion status; and
‘‘(II) be measured immediately after leaving postsecondary edu-
cation and at time intervals appropriate to the credential sought or
earned.
‘‘(D) DEVELOPMENT CRITERIA.—In developing the method and format of
making the information described in this paragraph publicly available, the
Commissioner shall—
‘‘(i) focus on the needs of the users of the information, which will in-
clude students, families of students, potential students, researchers,
and other consumers of education data;
‘‘(ii) take into consideration, to the extent practicable, the guidelines
described in paragraph (1)(C)(ii)(I), and relevant successor documents
or recommendations of such guidelines;
‘‘(iii) use modern, relevant technology and enhance and update the
postsecondary student data system with information, as necessary to
carry out the purpose of this paragraph;
‘‘(iv) ensure data privacy and security in accordance with standards
and guidelines developed by the National Institute of Standards and
Technology, and in accordance with any other Federal law relating to
privacy or security, including complying with the requirements of sub-
chapter II of chapter 35 of title 44, United States Code, specifying secu-
rity categorization under the Federal Information Processing Stand-
ards, and security requirements, and setting of National Institute of
Standards and Technology security baseline controls at the appropriate
level; and
‘‘(v) conduct consumer testing to determine how to make the informa-
tion as meaningful to users as possible.
‘‘(5) PERMISSIBLE DISCLOSURES OF DATA.—
‘‘(A) DATA REPORTS AND QUERIES.—
‘‘(i) IN GENERAL.—The Commissioner shall develop and implement a
secure process for making student-level, non-personally identifiable in-
formation, with direct identifiers removed, from the postsecondary stu-
dent data system available for vetted research and evaluation purposes
approved by the Commissioner in a manner compatible with practices
for disclosing National Center for Education Statistics restricted-use
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survey data as in effect on the day before the date of enactment of the
College Affordability Act, or by applying other research and disclosure
restrictions to ensure data privacy and security. Such process shall be
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22
approved by the National Center for Education Statistics’ Disclosure
Review Board (or successor body).
‘‘(ii) PROVIDING DATA REPORTS AND QUERIES TO INSTITUTIONS AND
STATES.—
‘‘(I) IN GENERAL.—The Commissioner shall provide feedback re-
ports, at least annually, to each institution of higher education,
each postsecondary education system that fully participates in the
postsecondary student data system, and each State higher edu-
cation body as designated by the governor.
‘‘(II) FEEDBACK REPORTS.—The feedback reports provided under
this clause shall include program-level and institution-level infor-
mation from the postsecondary student data system regarding stu-
dents who are associated with the institution or, for State rep-
resentatives, the institutions within that State, on or before the
date of the report, on measures including student mobility and
workforce outcomes, provided that the feedback aggregate sum-
mary reports protect the privacy of individuals.
‘‘(III) DETERMINATION OF CONTENT.—The content of the feedback
reports shall be determined by the Commissioner, in consultation
with the Advisory Committee.
‘‘(iii) PERMITTING STATE DATA QUERIES.—The Commissioner shall, in
consultation with the Advisory Committee and as soon as practicable,
create a process through which States may submit lists of secondary
school graduates within the State to receive summary aggregate out-
comes for those students who enrolled at an institution of higher edu-
cation, including postsecondary enrollment and college completion, pro-
vided that those data protect the privacy of individuals and that the
State data submitted to the Commissioner are not stored in the post-
secondary education system.
‘‘(iv) REGULATIONS.—The Commissioner shall promulgate regulations
to ensure fair, secure, and equitable access to data reports and queries
under this paragraph.
‘‘(B) DISCLOSURE LIMITATIONS.—In carrying out the public reporting and
disclosure requirements of this subsection, the Commissioner shall use ap-
propriate statistical disclosure limitation techniques necessary to ensure
that the data released to the public cannot include personally identifiable
information or be used to identify specific individuals.
‘‘(C) SALE OF DATA PROHIBITED.—Data collected under this subsection, in-
cluding the public-use data set and data comprising the summary aggregate
information available under paragraph (4), shall not be sold to any third
party by the Commissioner, including any institution of higher education or
any other entity.
‘‘(D) LIMITATION ON USE BY OTHER FEDERAL AGENCIES.—
‘‘(i) IN GENERAL.—The Commissioner shall not allow any other Fed-
eral agency to use data collected under this subsection for any purpose
except—
‘‘(I) for vetted research and evaluation conducted by the other
Federal agency, as described in subparagraph (A)(i); or
‘‘(II) for a purpose explicitly authorized by this subsection.
‘‘(ii) PROHIBITION ON LIMITATION OF SERVICES.—The Secretary, or the
head of any other Federal agency, shall not use data collected under
this subsection to limit services to students.
‘‘(E) LAW ENFORCEMENT.—Personally identifiable information collected
under this subsection shall not be used for any Federal, State, or local law
enforcement activity or any other activity that would result in adverse ac-
tion against any student or a student’s family, including debt collection ac-
tivity or enforcement of immigration laws.
‘‘(F) LIMITATION OF USE FOR FEDERAL RANKINGS OR SUMMATIVE RATING
SYSTEM.—The comprehensive data collection and analysis necessary for the
postsecondary student data system under this subsection shall not be used
by the Secretary or any Federal entity to establish any Federal ranking sys-
tem of institutions of higher education or a system that results in a
summative Federal rating of institutions of higher education.
‘‘(G) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be con-
strued to prevent the use of individual categories of aggregate information
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to be used for accountability purposes.
‘‘(H) RULE OF CONSTRUCTION REGARDING COMMERCIAL USE OF DATA.—
Nothing in this paragraph shall be construed to prohibit third-party entities
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23
from using publicly-available information in this data system for commer-
cial use.
‘‘(6) SUBMISSION OF DATA.—
‘‘(A) REQUIRED SUBMISSION.—Each institution of higher education partici-
pating in a program under title IV, or the assigned agent of such institu-
tion, shall, in accordance with section 487(a)(17), collect, and submit to the
Commissioner, the data requested by the Commissioner to carry out this
subsection.
‘‘(B) VOLUNTARY SUBMISSION.—Any postsecondary institution not partici-
pating in a program under title IV may voluntarily participate in the post-
secondary student data system under this subsection by collecting and sub-
mitting data to the Commissioner, as the Commissioner may request to
carry out this subsection.
‘‘(C) PERSONALLY IDENTIFIABLE INFORMATION.—In accordance with para-
graph (2)(C)(i), if the submission of an element of student-level data is pro-
hibited under paragraph (2)(F) (or otherwise prohibited by law), the institu-
tion of higher education shall submit that data to the Commissioner in the
aggregate.
‘‘(7) UNLAWFUL WILLFUL DISCLOSURE.—
‘‘(A) IN GENERAL.—It shall be unlawful for any person who obtains or has
access to personally identifiable information in connection with the postsec-
ondary student data system described in this subsection to willfully disclose
to any person (except as authorized by Federal law) such personally identi-
fiable information.
‘‘(B) PENALTY.—Any person who violates subparagraph (A) shall be sub-
ject to a penalty described under section 3572(f) of title 44, United States
Code and section 183(d)(6) of the Education Sciences Reform Act of 2002
(20 U.S.C. 9573(d)(6)).
‘‘(C) EMPLOYEE OF OFFICER OF THE UNITED STATES.—If a violation of sub-
paragraph (A) is committed by any officer or employee of the United States,
the officer or employee shall be dismissed from office or discharged from
employment upon conviction for the violation.
‘‘(8) DATA SECURITY.—The Commissioner shall produce and update as needed
guidance and regulations relating to privacy, security, and access which shall
govern the use and disclosure of data collected in connection with the activities
authorized in this subsection. The guidance and regulations developed and re-
viewed shall protect data from unauthorized access, use, and disclosure, and
shall include—
‘‘(A) an audit capability, including mandatory and regularly conducted au-
dits;
‘‘(B) access controls;
‘‘(C) requirements to ensure sufficient data security, quality, validity, and
reliability;
‘‘(D) student confidentiality protection in accordance with the Confidential
Information Protection and Statistical Efficiency Act;
‘‘(E) appropriate and applicable privacy and security protection, including
data retention and destruction protocols and data minimization, in accord-
ance with the most recent Federal standards developed by the National In-
stitute of Standards and Technology; and
‘‘(F) protocols for managing a breach, including breach notifications, in ac-
cordance with the standards of National Center for Education Statistics.
‘‘(9) DATA COLLECTION.—The Commissioner shall ensure that data collection,
maintenance, and use under this subsection complies with section 552a of title
5, United States Code.
‘‘(10) DEFINITIONS.—In this subsection:
‘‘(A) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher
education’ has the meaning given the term in section 102.
‘‘(B) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘personally iden-
tifiable information’ has the meaning given the term in section 444 of the
General Education Provisions Act (20 U.S.C. 1232g).’’.
(b) EFFECTIVE DATE; TRANSITION PROVISIONS.—
(1) EFFECTIVE DATE.—This section, and the amendments made by this section,
shall take effect on the date that is 4 years after the date of enactment of this
section.
(2) IN GENERAL.—The Secretary of Education and the Commissioner for Edu-
cation Statistics shall take such steps as are necessary to ensure that the tran-
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sition to, and implementation of, the postsecondary student data system re-
quired under section 132(l) of the Higher Education Act of 1965, as added by
this section, is carried out in a manner that reduces the reporting burden for
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24
entities that reported into the Integrated Postsecondary Education Data System
(IPEDS).
SEC. 1023. AVOIDING DUPLICATIVE REPORTING.
Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a), as amended
by section 1022, is further amended by adding at the end the following:
‘‘(n) AVOIDING DUPLICATIVE REPORTING.—If the Secretary determines that the
same reporting or collection of data that is required under subsection (l) is required
by another reporting or collection of data requirement under this Act (other than
under subsection (l)), the Secretary may—
‘‘(1) use the data reported or collected under subsection (l); and
‘‘(2) waive the other reporting or collection of data requirement.’’.
SEC. 1024. DISCLOSURE OF NON-INSTRUCTIONAL SPENDING INCREASES.
Section 132 of the Higher Education Act of 1965 (20 9 U.S.C. 1015a), as amended
by sections 1022 and 1023, is further amended by adding at the end the following:
‘‘(o) NON-INSTRUCTIONAL SPENDING INCREASES.—The Secretary shall ensure, as
part of the data collection and reporting under this section, that institutions of high-
er education with respect to which the amount expended by the institution for non-
instructional spending increases by more than 5 percent (using year-over-year data)
disclose such increase to students and prospective students, along with an analysis
of the expected impact on tuition.’’.
SEC. 1025. TEXTBOOK INFORMATION.
Section 133 of the Higher Education Act of 1965 (20 U.S.C. 1015b) is amended—
(1) in subsection (a), by inserting ‘‘, including through the adoption of innova-
tive tools,’’ after ‘‘supplemental materials’’;
(2) in subsection (b)(9)—
(A) by striking ‘‘to accompany a’’ and inserting ‘‘to accompany or support
a’’ in the matter preceding subparagraph (A); and
(B) in subparagraph (A), by striking ‘‘materials, computer disks, website
access’’ and inserting ‘‘materials, online and digital learning platforms and
materials, website access’’;
(3) in subsection (c)(1)(D)(i), by striking ‘‘paperback and unbound’’ and insert-
ing ‘‘paperback, digital, and unbound’’; and
(4) in subsection (f)—
(A) in paragraph (1), by inserting ‘‘accessing lower-cost digital course ma-
terials and digital textbooks,’’ after ‘‘programs for’’; and
(B) in paragraph (3), by inserting ‘‘, such as inclusive access programs,
subscription models, or digital content distribution platforms’’ after ‘‘deliv-
ery programs’’.
SEC. 1026. REPEALS.
Sections 134 and 136 of the Higher Education Act of 1965 (20 U.S.C. 1015c) are
repealed.
SEC. 1027. IN-STATE TUITION RATES FOR HOMELESS YOUTH AND FOSTER CARE YOUTH.
Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—
(1) in the section heading, by inserting ‘‘, HOMELESS YOUTH, AND FOSTER
CARE YOUTH’’ after ‘‘CHILDREN’’;
(2) in subsection (a)—
(A) by striking ‘‘(a) REQUIREMENT.—In the case’’ and inserting the fol-
lowing:
‘‘(a) REQUIREMENT.—
‘‘(1) ARMED FORCES.—In the case’’; and
(B) by adding at the end the following:
‘‘(2) HOMELESS YOUTH AND FOSTER CARE YOUTH.—In the case of a homeless
youth or a foster care youth, such State shall not charge such individual tuition
for attendance at a public institution of higher education in the State at a rate
that is greater than the rate charged for residents of the State.’’; and
(3) by striking subsections (c) and (d) and inserting the following:
‘‘(c) EFFECTIVE DATE.—
‘‘(1) ARMED FORCES.—With respect to an individual described in subsection
(a)(1), this section shall remain in effect as it was in effect on the day before
the date of enactment of the College Affordability Act.
‘‘(2) HOMELESS YOUTH AND FOSTER CARE YOUTH.—With respect to an indi-
vidual described in subsection (a)(2), this section shall take effect at each public
institution of higher education in a State that receives assistance under this Act
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for the first period of enrollment at such institution that begins during the first
full award year following the date of enactment of the College Affordability Act.
‘‘(d) DEFINITIONS.—In this section:
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25
‘‘(1) ARMED FORCES.—The terms ‘armed forces’ and ‘active duty for a period
of more than 30 days’ have the meanings given those terms in section 101 of
title 10, United States Code.
‘‘(2) HOMELESS YOUTH.—The term ‘homeless youth’ has the meaning given the
term ‘homeless children and youths’ in section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a).’’.
PART D—ADMINISTRATIVE PROVISIONS FOR DELIVERY
OF STUDENT FINANCIAL ASSISTANCE
SEC. 1031. IMPROVEMENTS TO THE FEDERAL STUDENT AID OFFICE.
Section 141 of the Higher Education Act of 1965 (20 U.S.C. 1018) is amended—
(1) in subsection (a), by amending paragraph (2) to read as follows:
‘‘(2) PURPOSES.—The purposes of the PBO are as follows:
‘‘(A) To prioritize students and borrowers in the decision-making proc-
esses related to all aspects of the management and administration of the
Federal student financial assistance programs authorized under title IV.
‘‘(B) To improve service to students and other participants in the Federal
student financial assistance programs authorized under title IV.
‘‘(C) To make such programs more understandable to students and their
families.
‘‘(D) To increase the efficiency and effectiveness of such programs for stu-
dents and their families.
‘‘(E) To manage the costs of administering such programs.
‘‘(F) To increase the accountability of the officials responsible for admin-
istering the operational aspects of such programs.
‘‘(G) To oversee institutions, contractors, and third party servicers that
participate in the Federal student financial assistance programs authorized
under title IV.
‘‘(H) To provide greater flexibility in the management and administration
of such programs.
‘‘(I) To implement open, common, integrated systems for the delivery of
Federal student financial assistance programs authorized under title IV.
‘‘(J) To develop and maintain a student financial assistance system that
contains complete, accurate, and timely data to ensure program integrity.
‘‘(K) To increase transparency in the operations and outcomes of Federal
student financial assistance programs authorized under title IV.’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (B) and (C) as subparagraphs (C)
and (D), respectively; and
(ii) by inserting after subparagraph (A) the following:
‘‘(B) implement oversight and accountability measures to ensure that the
PBO carries out its duties under this section efficiently, effectively, and in
a manner that accomplishes the purposes specified in subsection (a)(2);’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by redesignating clauses (ii) through (vi) as clauses (iii)
through (vii);
(II) by inserting after clause (i) the following:
‘‘(ii) in accordance with paragraph (3), the collection, publication, and
sharing of aggregate and longitudinal data that may be used to evalu-
ate Federal student financial assistance programs authorized under
title IV, including the outcomes such programs achieve;’’; and
(III) in clause (vii), as so redesignated, by inserting ‘‘, including
oversight of institutions, contractors, and third party servicers that
participate in such programs’’ after ‘‘title IV’’; and
(ii) by adding at the end the following:
‘‘(C) Taking action to prevent and address the improper use of access de-
vices, as described in section 485B(d)(7), including by—
‘‘(i) detecting common patterns of improper use of any system that
processes payments on Federal Direct Loans or other Department infor-
mation technology systems;
‘‘(ii) maintaining a reporting system for contractors involved in the
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processing of payments on Federal Direct Loans in order to allow those
contractors to alert the Secretary of potentially improper use of Depart-
ment information technology systems;
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26
‘‘(iii) proactively contacting Federal student loan borrowers whose
Federal student loan accounts demonstrate a likelihood of improper use
in order to warn those borrowers of suspicious activity or potential
fraud regarding their Federal student loan accounts; and
‘‘(iv) providing clear and simple disclosures in communications with
borrowers who are applying for or requesting assistance with Federal
Direct Loan programs (including assistance or applications regarding
income-driven repayment, forbearance, deferment, consolidation, reha-
bilitation, cancellation, and forgiveness) to ensure that borrowers are
aware that the Department will never require borrowers to pay for
such assistance or applications.’’;
(C) by redesignating paragraphs (3) through (6) as paragraphs (4)
through (7), respectively; and
(D) by inserting after paragraph (2) the following:
‘‘(3) COLLECTION, SHARING, AND PUBLICATION OF DATA.—
‘‘(A) COLLECTION.—The PBO shall collect student-level data that shall be
used to evaluate Federal student financial assistance programs authorized
under title IV.
‘‘(B) SHARING WITH NCES.—The PBO shall make the data collected under
subparagraph (A) available to the Commissioner of the National Center for
Education Statistics for purposes of research and policy analysis.
‘‘(C) RESEARCH.—The Commissioner of the National Center for Education
Statistics shall ensure the data shared under subparagraph (B) is made
available, with direct identifiers removed and with appropriate restrictions
to ensure data privacy and security, for vetted research and evaluation pur-
poses in a manner consistent with the process under section 132(l)(5)(A)(i).
‘‘(D) PUBLICATION.—Not less frequently than once annually, the PBO
shall—
‘‘(i) aggregate the data collected under subparagraph (A) in a manner
that excludes—
‘‘(I) student-level data; or
‘‘(II) any data that would reveal personally identifiable informa-
tion about an individual student; and
‘‘(ii) make available such aggregated data on a publicly accessible
website of the Department in a format that enables members of the
public to easily retrieve, sort, and analyze the data.’’.
(3) by amending subsection (c) to read as follows:
‘‘(c) PERFORMANCE PLAN, REPORT, AND BRIEFING.—
‘‘(1) PERFORMANCE PLAN.—
‘‘(A) IN GENERAL.—Not later than one year after the date of the enact-
ment of the College Affordability Act, and not less than once every five
years thereafter, the Secretary and Chief Operating Officer shall agree on
a performance plan for the PBO for the succeeding 5 years that—
‘‘(i) establishes measurable quantitative and qualitative goals and ob-
jectives for the organization; and
‘‘(ii) aligns such goals and objectives with the purposes specified in
subsection (a)(2).
‘‘(B) CONSULTATION.—In developing the five-year performance plan and
any revision to the plan, the Secretary and the Chief Operating Officer
shall consult with students, institutions, Congress, contractors, the Bor-
rower Advocate, student aid experts, including consumer advocacy and re-
search groups, the Director of the Bureau of Consumer Financial Protec-
tion, State attorneys general, and other relevant parties.
‘‘(C) REVISIONS.—The Secretary and Chief Operating Officer may annu-
ally update the plan under paragraph (1) to incorporate the recommenda-
tions made pursuant to the consultation required under subparagraph (B)
that are accepted by the Secretary and the Chief Operating Officer.
‘‘(D) AREAS.—The plan developed under subparagraph (A) shall address
the responsibilities of the PBO in the following areas:
‘‘(i) Improving service to students and other participants in the Fed-
eral student financial assistance programs authorized under title IV,
including making those programs more understandable and accessible
to students and their families.
‘‘(ii) Managing the costs and increasing the efficiency of such pro-
grams.
‘‘(iii) Improving, integrating, and investing in the systems that sup-
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port such programs.
‘‘(iv) Developing open, common, and integrated systems for such pro-
grams.
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‘‘(v) The collection, publication, and sharing of data on such programs
as described in subsection (b)(3).
‘‘(vi) Improving performance standards and outcomes with respect to
institutions, contractors, and third party servicers that act as agents of
the Department or as agents of institutions that participate in such
programs.
‘‘(vii) Any other areas identified by the Secretary.
‘‘(E) PUBLIC AVAILABILITY.—Each plan developed under subparagraph (A)
shall be made available on a publicly accessible website of the Department
of Education.
‘‘(2) ANNUAL REPORT.—
‘‘(A) REPORT REQUIRED.—Not later than one year after the date of the en-
actment of the College Affordability Act and annually thereafter, the Sec-
retary, acting through the Chief Operating Officer, shall submit to Congress
an annual report on the performance of the PBO.
‘‘(B) CONTENTS.—The annual report shall include the following:
‘‘(i) An evaluation of the extent to which the PBO met the goals and
objectives contained in the five-year performance plan described in
paragraph (1) for the preceding year.
‘‘(ii) A summary of the consultation process under paragraph (1)(B)
for the preceding year, including the recommendations that were ac-
cepted or denied by the Chief Operating Officer during such year, and
the rationale for accepting or denying such recommendations.
‘‘(iii) An independent financial audit of the expenditures of both the
PBO and the programs administered by the PBO.
‘‘(iv) A summary of the actions taken by the PBO to address—
‘‘(I) the findings of the audit described in clause (iii); and
‘‘(II) consumer feedback.
‘‘(v) Financial and performance requirements applicable to the PBO
under—
‘‘(I) the Chief Financial Officers Act of 1990 (Public Law 101–
576); or
‘‘(II) the Government Performance and Results Act of 1993 (Pub-
lic Law 103–62).
‘‘(vi) The results achieved by the PBO during the preceding year and
whether such results met the goals specified in the performance plan
under paragraph (1).
‘‘(vii) With respect to the preceding year, the evaluation rating of the
performance of the Chief Operating Officer and senior managers under
subsections (d)(5) and (e)(2), including the amounts of bonus compensa-
tion awarded to the Chief Operating Officer and senior managers.
‘‘(viii) Recommendations for legislative and regulatory changes to im-
prove service to students and their families, and to improve the effi-
ciency and integrity of Federal student financial assistance programs
authorized under title IV.
‘‘(ix) Financial statements that provide a rationale for appropriately
funding the activities of the PBO.
‘‘(x) A summary of the management and compliance of contractors
managed by the PBO in the preceding year, including corrective actions
taken by the PBO with respect to such contractors.
‘‘(xi) A description of how the PBO used the authority under para-
graph (5) of subsection (b) for making personnel and procurement deci-
sions in the preceding year, including the number of individuals hired
through such authority and the bonuses provided to staff during such
year.
‘‘(xii) A summary of the oversight activities of institutions, contrac-
tors, and third party servicers that participate in the Federal student
financial assistance programs authorized under title IV including—
‘‘(I) fines levied on such institutions, contractors, and third party
servicers, disaggregated by entity;
‘‘(II) instances of fraud or misrepresentation by such institutions,
contractors, or third party servicers; and
‘‘(III) violations of provisions in this Act by such institutions, con-
tractors, or third party servicers disaggregated by entity and type
of violation.
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‘‘(xiii) A summary of any improvements made with respect to trans-
parency and any new types of data made available in the preceding
year.
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28
‘‘(xiv) A description of the progress made in the preceding year to-
wards the specific measurable organization and individual goals speci-
fied in subsection (d)(5)(A).
‘‘(xv) The report submitted to the Secretary under subsection (f)(7).
‘‘(xvi) Other such information as the Director of the Office of Manage-
ment and Budget shall prescribe for performance based organizations.
‘‘(3) CONSULTATION WITH STAKEHOLDERS.—The Chief Operating Officer, in
preparing the annual report described in paragraph (2), shall establish appro-
priate means to consult with students, borrowers, institutions, student aid ex-
perts, including consumer advocacy and research groups, the Director of the Bu-
reau of Consumer Financial Protection, and others involved in the delivery and
evaluation of student aid under title IV—
‘‘(A) regarding the degree of satisfaction with the delivery system; and
‘‘(B) to seek suggestions on means to improve the performance of the de-
livery system.
‘‘(4) BRIEFING ON ENFORCEMENT OF PROGRAM INTEGRITY.—The Secretary shall,
at the request of the authorizing committees, provide to the authorizing com-
mittees a briefing on the steps the Department of Education has taken to en-
sure—
‘‘(A) the experiences of students and borrowers are accounted for in deci-
sion making; and
‘‘(B) that contractors, lenders, and guaranty agencies and third party
servicers are adhering to the requirements of title IV, the terms of any con-
tract with the Secretary, consumer protection laws, Federal regulations and
guidelines, and directives of the PBO.
‘‘(5) COORDINATION WITH THE DIRECTOR OF THE BUREAU OF CONSUMER FINAN-
CIAL PROTECTION.—Not later than 180 days after the date of the enactment of
the College Affordability Act, the Secretary shall enter into a memorandum of
understanding with the Private Education Loan Ombudsman in accordance
with section 1035(c)(2) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (12 U.S.C. 5535(c)(2)).’’.
(4) in subsection (d)—
(A) in paragraph (1), by striking ‘‘management ability’’ and all that fol-
lows through the period at the end and inserting ‘‘management ability, in-
cluding contractor management, expertise in the Federal student financial
assistance programs authorized under title IV, experience with financial
systems, and knowledge of consumer financial protection laws, and without
regard to political affiliation or activity.’’;
(B) by redesignating paragraphs (2) through (5) as paragraphs (3)
through (6);
(C) by inserting after paragraph (1) the following:
‘‘(2) RESTRICTIONS.—
‘‘(A) PRESERVICE AND IN-SERVICE RESTRICTIONS.—An individual may not
serve as the Chief Operating Officer if such individual—
‘‘(i) is employed by, or has a financial interest in, an entity that con-
tracts with the PBO; or
‘‘(ii) was employed by, or had a financial interest in, any such entity
in any of the five years preceding the date of the individual’s appoint-
ment as the Chief Operating Officer.
‘‘(B) POSTSERVICE RESTRICTIONS.—An individual who served as the Chief
Operating Officer may not accept employment with an entity that contracts
with the PBO until a period of five years has elapsed following the date on
which such individual’s service as the Chief Operating Officer terminated.’’;
(D) in paragraph (5), as so redesignated—
(i) in subparagraph (A)—
(I) by inserting ‘‘specific’’ before ‘‘measurable’’; and
(II) by inserting ‘‘and metrics used to measure progress toward
such goals’’ before the period; and
(ii) in subparagraph (B), by inserting ‘‘on the website of the Depart-
ment’’ before the period;
(E) in paragraph (6), as so redesignated, by amending subparagraph (B)
to read as follows:
‘‘(B) BONUS AUTHORIZED.—The Secretary may pay to the Chief Operating
Officer a bonus in an amount that does not exceed 50 percent of such an-
nual rate of basic pay. The decision to pay such a bonus, and the amount
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of the bonus, shall be based solely on the Secretary’s evaluation of the per-
formance of the Chief Operating Officer with respect to the goals set forth
in the performance agreement as described in paragraph (5)(A).’’;
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29
(5) in subsection (e)(2), by striking ‘‘measurable organization and individual
goals’’ and inserting ‘‘specific, measurable organization and individual goals and
the metrics used to measure progress toward such goals. Performance agree-
ments for senior management responsible for procurement shall include metrics
that measure ability to oversee contractors’’;
(6) by amending subsection (f) to read as follows:
‘‘(f) BORROWER ADVOCATE.—
‘‘(1) IN GENERAL.—There is established in the PBO an ‘Office of the Borrower
Advocate’ (referred to in this subsection as the ‘Office’). The function of the Of-
fice shall be to provide timely assistance to borrowers of loans made, insured,
or guaranteed under title IV by performing the duties described in paragraph
(6).
‘‘(2) HEAD OF OFFICE.—There shall be an official known as the ‘Borrower Ad-
vocate’ who shall serve as the head of the Office. The Borrower Advocate shall
be appointed by the Secretary from among individuals who have worked closely
with the Federal student loan programs authorized under title IV.
‘‘(3) REMOVAL.—The Borrower Advocate may be removed only by the Sec-
retary who shall communicate the reasons for any such removal to the author-
izing committees.
‘‘(4) RESTRICTIONS.—
‘‘(A) PRESERVICE AND IN-SERVICE RESTRICTIONS.—An individual may not
serve as the Borrower Advocate if such individual—
‘‘(i) is employed by, or has a financial interest in, an entity that con-
tracts with the PBO; or
‘‘(ii) was employed by, or had a financial interest in, any such entity
in any of the five years preceding the date of the individual’s appoint-
ment as the Borrower Advocate.
‘‘(B) POSTSERVICE RESTRICTIONS.—An individual who served as the Bor-
rower Advocate may not accept employment with an entity that contracts
with the PBO until a period of five years has elapsed following the date on
which such individual’s service as the Borrower Advocate terminated.
‘‘(5) STAFF.—The Office shall be staffed sufficiently to carry out the respon-
sibilities of the Office under this subsection.
‘‘(6) DUTIES OF THE BORROWER ADVOCATE.—The Office of the Borrower Advo-
cate shall—
‘‘(A) assist borrowers of loans made, insured, or guaranteed under title
IV in resolving problems with the PBO and its contractors or other agents,
including by—
‘‘(i) receiving and reviewing complaints of such problems from bor-
rowers;
‘‘(ii) working to resolve such complaints in a manner that is in the
best interests of borrowers; and
‘‘(iii) transmitting such complaints to States and recognized accred-
iting agencies or associations, as appropriate.
‘‘(B) attempt to resolve complaints within the Department of Education
and with institutions of higher education, lenders, guaranty agencies, loan
servicers, and other participants in the Federal student loan programs au-
thorized under title IV in a manner that will improve the experience of the
borrower;
‘‘(C) conduct impartial reviews regarding a student’s independence under
subparagraph (B) or (H) of section 480(d)(1), in consultation with knowl-
edgeable parties, including institutions of higher education, child welfare
agencies, local educational agency liaisons for homeless individuals des-
ignated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless As-
sistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Edu-
cation of Homeless Children and Youth established in accordance with sec-
tion 722 of such Act (42 U.S.C. 11432);
‘‘(D) compile and analyze data on borrower complaints and share such
data with the Director of the Bureau of Consumer Financial Protection;
‘‘(E) publish, with any personally identifiable information redacted, such
complaints and responses of the Secretary to such complaints on the
website of the Department; and
‘‘(F) make appropriate recommendations to Congress, the Chief Operating
Officer, and Secretary with respect to Federal student loan programs au-
thorized under title IV and the experiences of borrowers in repayment of
loans under such programs.
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‘‘(7) PUBLIC INFORMATION.—The Chief Operating Officer shall establish and
maintain a public page on the website of the Department of Education exclu-
sively to provide members of the public with information about the role of the
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30
PBO with respect to the oversight of institutions of higher education, lenders,
guaranty agencies, contractors that contract with the PBO, subcontractors of
such contractors, and third party servicers.
‘‘(8) REPORT.—On an annual basis, the Borrower Advocate shall submit to the
Chief Operating Officer a report on the activities of the Office during the pre-
ceding year that—
‘‘(A) identifies the activities carried out by the Borrower Advocate;
‘‘(B) summarizes the complaints received from borrowers, including the
number of such complaints, and explains the activities undertaken by the
PBO to address such complaints;
‘‘(C) proposes changes in the administrative practices of the PBO to miti-
gate problems experienced by borrowers; and
‘‘(D) identifies potential legislative changes which may be appropriate to
mitigate such problems.’’;
(7) by redesignating subsection (i) as subsection (j); and
(8) by inserting after subsection (h) the following:
‘‘(i) ENFORCEMENT UNIT.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of the
College Affordability Act, the Secretary shall establish within the PBO an en-
forcement unit (referred to in this section as the ‘Unit’) to review and inves-
tigate violations of this Act and recommend enforcement actions in accordance
with paragraph (3).
‘‘(2) CHIEF ENFORCEMENT OFFICER.—
‘‘(A) APPOINTMENT.—The Secretary shall appoint an official to be known
as the ‘Chief Enforcement Officer’ who shall serve as the head of the Unit.
The Secretary shall appoint an individual to serve as the Chief Enforce-
ment Officer solely on the basis of such individual’s integrity and expertise
in law and investigations and without regard to such individual’s political
affiliation.
‘‘(B) AUTHORITY.—The Chief Enforcement Officer shall report directly to
the Secretary without being required to report through any other official of
the Department of Education.
‘‘(C) TERM.—The Chief Enforcement Officer shall be appointed for a term
of 6 years and may be reappointed for additional terms of 6 years at the
discretion of the Secretary.
‘‘(D) REMOVAL.—
‘‘(i) IN GENERAL.—The Chief Enforcement Officer may not be removed
during the Officer’s term except for cause.
‘‘(ii) NOTICE TO CONGRESS.—If the Secretary removes the Chief En-
forcement Officer before the expiration of the Officer’s term, the Sec-
retary shall submit to the authorizing committees a report that ex-
plains the reasons for such removal. The report shall be submitted to
the authorizing committees not later than 30 days after the date on
which the removal takes effect.
‘‘(3) DUTIES.—The Chief Enforcement Officer shall have the following duties:
‘‘(A) Receive, process, and analyze allegations that a covered entity has
violated Federal law or has engaged in unfair, deceptive, or abusive prac-
tices.
‘‘(B) Review and investigate such allegations or refer such allegations to
an entity described in subparagraphs (A) through (E) of paragraph (6).
‘‘(C) After reviewing and investigating an allegation under subparagraph
(B), in consultation with the Chief Operating Officer—
‘‘(i) if the covered entity subject to such allegation is an entity de-
scribed in clause (i) or (iii) of paragraph (8)(A), make recommendations
with respect to such covered entity, including—
‘‘(I) whether such covered entity should be limited, suspended, or
terminated from participation in one or more programs under title
IV;
‘‘(II) whether such covered entity should be subject to an emer-
gency action under section 487(c)(1)(G);
‘‘(III) whether such covered entity should be subject to a civil
penalty described in section 487(c)(3)(B);
‘‘(IV) whether such covered entity should be subject to a criminal
penalty described in section 490; or
‘‘(V) whether such covered entity should be subject to a combina-
tion of any of the actions described in subclauses (I) though (IV);
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‘‘(ii) if the covered entity subject to such allegation is an entity de-
scribed in clause (ii) of paragraph (8)(A), make recommendations with
respect to such covered entity, including whether such covered entity
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31
should be limited, suspended, or terminated from administering or pro-
viding services with respect to one or more programs under title IV;
and
‘‘(iii) provide the Secretary with such recommendations.
‘‘(4) SECRETARIAL REVIEW AND ACTION.—After receiving notice of a determina-
tion of the Chief Enforcement Officer under paragraph (3)(C), the Secretary
shall decide whether or not to pursue enforcement action against the entity con-
cerned, in accordance with the procedures established under section 487(c)(3).
In a case in which the Chief Enforcement Officer recommends enforcement ac-
tion against an entity, but the Secretary decides not to pursue such enforcement
action, the Secretary shall notify the Chief Enforcement Officer, in writing, of
the rationale for such decision.
‘‘(5) COORDINATION AND STAFFING.—The Chief Enforcement Officer shall—
‘‘(A) coordinate with relevant Federal and State agencies and oversight
bodies; and
‘‘(B) hire staff with the expertise necessary to conduct investigations, re-
spond to allegations against covered entities, and enforce compliance with
laws governing Federal student financial assistance programs under title
IV.
‘‘(6) INFORMATION SHARING.—The Chief Enforcement Officer shall develop and
implement a process for sharing relevant information about allegations against
covered entities with—
‘‘(A) the Borrower Advocate appointed under subsection (f);
‘‘(B) personnel of the Department on responsible for processing borrower
defense claims submitted under section 493H;
‘‘(C) other relevant Federal agencies;
‘‘(D) States, including State law enforcement and regulatory agencies; and
‘‘(E) recognized accrediting agencies or associations.
‘‘(7) REPORT TO CONGRESS.—On an annual basis, the Chief Enforcement Offi-
cer shall submit to the authorizing committees a report that includes—
‘‘(A) the number of allegations about covered entities received by Unit in
the year covered by the report;
‘‘(B) the number of such allegations investigated by the Unit;
‘‘(C) the number of such allegations that were referred to the Secretary
under paragraph (3)(C) and a summary of any action taken by the Sec-
retary with respect to such allegations;
‘‘(D) the number of such allegations that were referred to other Federal
agencies and the names of the agencies to which the allegations were re-
ferred; and
‘‘(E) the number of such allegations that remain under review or inves-
tigation as of the date of the report.
‘‘(8) DEFINITIONS.—In this subsection:
‘‘(A) COVERED ENTITY.—In this subsection, the term ‘covered entity’
means—
‘‘(i) an institution of higher education (as defined in section 102) that
participates in the Federal student financial assistance programs au-
thorized under title IV;
‘‘(ii) a contractor that contracts with the PBO to provide services re-
lating to such programs, or a subcontractor of such contractor; or
‘‘(iii) a third party servicer.
‘‘(B) THIRD PARTY SERVICER.—the term ‘third party servicer’ has the
meaning given that term in section 481(c).’’.
TITLE II—TEACHER QUALITY ENHANCEMENT
PART A—TEACHER AND SCHOOL LEADER QUALITY
PARTNERSHIP GRANTS
SEC. 2001. DEFINITIONS.
Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended to
read as follows:
‘‘SEC. 200. DEFINITIONS.
‘‘Except as otherwise provided, in this title:
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‘‘(1) ARTS AND SCIENCES.—The term ‘arts and sciences’ means—
‘‘(A) when referring to an organizational unit of an institution of higher
education, any academic unit that offers one or more academic majors in
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32
disciplines or content areas corresponding to the academic subject matter
areas in which teachers provide instruction; and
‘‘(B) when referring to a specific academic subject area, the disciplines or
content areas in which academic majors are offered by the arts and sciences
organizational unit.
‘‘(2) BLENDED LEARNING.—The term ‘blended learning’ has the meaning given
the term in section 4102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7112).
‘‘(3) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘children from low-in-
come families’ means children described in section 1124(c)(1)(A) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)).
‘‘(4) COMPREHENSIVE LITERACY INSTRUCTION.—The term ‘comprehensive lit-
eracy instruction’ has the meaning given the term in section 2221(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(1)).
‘‘(5) DIGITAL LEARNING.—The term ‘digital learning’ has the meaning given
the term in section 4102 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7112).
‘‘(6) DIVERSE TEACHER CANDIDATES.—The term ‘diverse teacher candidates’
means teacher candidates who are—
‘‘(A) members of racial and ethnic groups underrepresented in the teach-
ing profession; or
‘‘(B) linguistically and culturally prepared to educate students in high-
need schools.
‘‘(7) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’
means an individual with primary responsibility for the education of children
in an early childhood education program.
‘‘(8) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’
has the meaning given the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
‘‘(9) EDUCATOR.—The term ‘educator’ means a teacher, principal or other
school leader, specialized instructional support personnel, or other staff member
who provides or directly supports instruction, such as a school librarian, coun-
selor, or paraprofessional.
‘‘(10) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an enti-
ty—
‘‘(A) that—
‘‘(i) shall include—
‘‘(I) a high-need local educational agency;
‘‘(II)(aa) a high-need school or a consortium of high-need schools
served by such high-need local educational agency; or
‘‘(bb) as applicable, a high-need early childhood education pro-
gram;
‘‘(III) a partner institution;
‘‘(IV) a school, department, or program of education within such
partner institution, which may include an existing teacher profes-
sional development program with proven outcomes within a four-
year institution of higher education that provides intensive and
sustained collaboration between faculty and local educational agen-
cies consistent with the requirements of this title; and
‘‘(V) a school or department of arts and sciences within such
partner institution; or
‘‘(ii) shall include—
‘‘(I)(aa) a partner education institution;
‘‘(bb) a school, department, or program of education within such
partner institution, which may include an existing teacher profes-
sional development program with proven outcomes within a four-
year institution of higher education that provides intensive and
sustained collaboration between faculty and local educational agen-
cies consistent with the requirements of this title; or
‘‘(cc) a school or department of arts and sciences within such
partner institution; and
‘‘(II) a State educational agency that will serve to place grad-
uates of partnership programs into high-need local educational
agencies, schools, or early childhood programs, or schools that have
been identified for comprehensive support and improvement under
section 1111(d)(2) of the Elementary and Secondary Education Act
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of 1965 (20 U.S.C. 6311(d)(2)); and
‘‘(B) that may include any of the following:
‘‘(i) The Governor of the State.
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33
‘‘(ii) The State educational agency.
‘‘(iii) The State board of education.
‘‘(iv) The State agency for higher education.
‘‘(v) A public or private nonprofit educational organization.
‘‘(vi) An educational service agency.
‘‘(vii) A public school teacher, principal, or school leader organization.
‘‘(viii) A high-performing local educational agency, or a consortium of
such local educational agencies, that can serve as a resource to the
partnership.
‘‘(ix) A charter school (as defined in section 4310 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7221i)).
‘‘(x) A school or department within the partner institution that fo-
cuses on psychology and human development.
‘‘(xi) A school or department within the partner institution for teach-
er or school leader preparation with comparable expertise in the dis-
ciplines of teaching, learning, and child and adolescent development.
‘‘(xii) An entity operating a program that provides alternative routes
to State certification of teachers or principals.
‘‘(11) ENGLISH LEARNER.—The term ‘English learner’ has the meaning given
the term in section 8101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801).
‘‘(12) EVIDENCE-BASED.—The term ‘evidence-based’ has the meaning given the
term in subclauses (I) and (II) of section 8101(21)(A)(i) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)).
‘‘(13) EVIDENCE OF STUDENT LEARNING.—The term ‘evidence of student learn-
ing’ means multiple measures of student learning that include the following:
‘‘(A) Valid and reliable student assessment data, which may include
data—
‘‘(i) on student learning gains on statewide academic assessments
under section 1111(b)(2) of the Elementary and Secondary Education
Act of 1965;
‘‘(ii) from student academic achievement assessments used at the na-
tional, State, or local levels, where available and appropriate for the
curriculum and students taught;
‘‘(iii) from classroom-based summative assessments; and
‘‘(iv) from high quality validated performance-based assessments that
are aligned with challenging State academic standards adopted under
section 1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1)).
‘‘(B) Not less than one of the following additional measures:
‘‘(i) Student work, including measures of performance criteria and
evidence of student growth.
‘‘(ii) Teacher-generated information about student goals and growth.
‘‘(iii) Parental feedback about student goals and growth.
‘‘(iv) Student feedback about learning and teaching supports.
‘‘(v) Assessments of affective engagement and self-efficacy.
‘‘(vi) Other appropriate measures, as determined by the State.
‘‘(14) FOSTER CARE.—
‘‘(A) IN GENERAL.—The term ‘foster care’ means 24-hour substitute care
for a child placed away from the child’s parents or guardians and for whom
the State agency has placement and care responsibility. The term includes
care through a placement in a foster family home, a foster home of a rel-
ative, a group home, an emergency shelter, a residential facility, a child
care institution, or a pre-adoptive home.
‘‘(B) RULE.—A child shall be considered to be in foster care under sub-
paragraph (A) without regard to whether—
‘‘(i) the foster care facility is licensed and payments are made by the
State or local agency for the care of the child;
‘‘(ii) adoption subsidy payments are being made prior to the finaliza-
tion of an adoption; or
‘‘(iii) Federal matching funds for any payments described in clause (i)
or (ii) are being made.
‘‘(15) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘high-
need early childhood education program’ means an early childhood education
program serving children from low-income families that is located within the ge-
ographic area served by a high-need local educational agency.
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‘‘(16) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local
educational agency’ means a local educational agency—
‘‘(A)(i) that serves not fewer than 10,000 low-income children;
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34
‘‘(ii) for which not less than 40 percent of the children served by the agen-
cy are low-income children;
‘‘(iii) that meets the eligibility requirements for funding under the Small,
Rural School Achievement Program under section 5211(b) of the Elemen-
tary and Secondary Education Act of 1965 or the Rural and Low-Income
School Program under section 6221(b) of such Act; or
‘‘(iv) that has a percentage of low-income children that is in the highest
quartile among such agencies in the State; and
‘‘(B)(i) for which a significant number of schools served by the agency is
identified by the State for comprehensive supports and interventions under
section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of
1965; or
‘‘(ii) for which a significant number of schools served by the agency has
a high teacher turnover rate or is experiencing a teacher shortage in a
high-needs field, as determined by the State.
‘‘(17) HIGH-NEED SCHOOL.—
‘‘(A) IN GENERAL.—The term ‘high-need school’ means a school that, based
on the most recent data available, is—
‘‘(i) an elementary school, in which not less than 60 percent of stu-
dents are eligible for a free or reduced price school lunch under the
Richard B. Russell National School Lunch Act;
‘‘(ii) any other school that is not an elementary school, in which not
less than 45 percent of students are eligible for a free or reduced price
school lunch under the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.); or
‘‘(iii) identified for comprehensive support and improvement under
section 1111(c)(4)(D) of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311(c)(4)(D)), targeted support and improvement
under section 1111(d)(2) of such Act (20 U.S.C. 6311(d)(2)), or addi-
tional targeted support under section 1111(d)(2)(C) of such Act (20
U.S.C. 6311(d)(2)(C)).
‘‘(B) SPECIAL RULE.—
‘‘(i) DESIGNATION BY THE SECRETARY.—The Secretary may, upon ap-
proval of an application submitted by an eligible partnership seeking
a grant under this title, designate a school that does not qualify as a
high-need school under subparagraph (A) as a high-need school for the
purpose of this title. The Secretary shall base the approval of an appli-
cation for designation of a school under this clause on a consideration
of the information required under clause (ii), and may also take into
account other information submitted by the eligible partnership.
‘‘(ii) APPLICATION REQUIREMENTS.—An application for designation of
a school under clause (i) shall include—
‘‘(I) the number and percentage of students attending such school
who are—
‘‘(aa) aged 5 through 17 in poverty counted in the most re-
cent census data approved by the Secretary;
‘‘(bb) eligible for a free or reduced price school lunch under
the Richard B. Russell National School Lunch Act;
‘‘(cc) in families receiving assistance under the State pro-
gram funded under part A of title IV of the Social Security Act;
or
‘‘(dd) eligible to receive medical assistance under the Med-
icaid program;
‘‘(II) information about the student academic achievement of stu-
dents at such school; and
‘‘(III) for a secondary school, the four-year adjusted cohort grad-
uation rate for such school.
‘‘(18) HIGHLY COMPETENT.—The term ‘highly competent’, when used with re-
spect to an early childhood educator, means an early childhood educator—
‘‘(A) with specialized education and training in development and edu-
cation of young children from birth until entry into kindergarten or a spe-
cialization in infants and toddlers or pre-school children;
‘‘(B) with a baccalaureate degree in an academic major in an early child-
hood or related field; and
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‘‘(C) who has demonstrated a high level of knowledge and use of content
and pedagogy in the relevant areas associated with quality early childhood
education.
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35
‘‘(19) HOMELESS CHILD.—The term ‘homeless child’ means an individual who
is a homeless child or youth under section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a).
‘‘(20) INDUCTION PROGRAM.—The term ‘induction program’ means a formalized
program for new teachers, principals, or school leaders, during not less than the
teachers’, principals, or school leaders’ first 2 years of, respectively, teaching or
leading, that is designed to provide support for, and improve the professional
performance and increase the retention in the education field of, beginning
teachers, principals, or school leaders. Such program shall promote effective
teaching or leadership skills and shall include the following components:
‘‘(A) High-quality and structured teacher or school leader mentoring led
by a trained and expert mentor who has demonstrated high skill and effec-
tiveness and who teaches or leads, or has taught or led, in the same or
similar field, grade, or subject as the mentee.
‘‘(B) Periodic, structured time for collaboration, including with mentors,
as well as time for information-sharing among teachers, principals, other
school leaders and administrators, other appropriate instructional staff, and
participating faculty or program staff in the partner institution.
‘‘(C) The application of evidence-based instructional practices.
‘‘(D) Opportunities for new teachers, principals, or school leaders to draw
directly on the expertise of mentors, faculty or program staff, and research-
ers, including through mentor observation and feedback, to support the in-
tegration of evidence-based research and practice.
‘‘(E) The development of skills in evidence-based instructional and behav-
ioral supports and interventions.
‘‘(F) Programs to support the health and well-being of teachers, particu-
larly in high-need schools or high-need local educational agencies. These
may include programs that focus on social emotional learning, organiza-
tional interventions, workplace wellness, and stress management.
‘‘(G) Faculty or program staff who—
‘‘(i) model the integration of research and practice in the classroom
and school; and
‘‘(ii) assist new teachers or school leaders with the effective use and
integration of educational and accessible technology and universal de-
sign for learning into the classroom or school.
‘‘(H) Interdisciplinary collaboration among teacher leaders or school lead-
ers, faculty or program staff, researchers, and other staff who prepare new
teachers or school leaders with respect to, as applicable, the learning proc-
ess, the assessment of learning, or the leadership of a school.
‘‘(I) As applicable to the role, assistance with understanding of the effec-
tive use of data, particularly student achievement data, and the applica-
bility of such data to inform and improve classroom instruction and school
leadership.
‘‘(J) Regular and structured observation and evaluation of new teachers,
principals, or other school leaders that are based in part on evidence of stu-
dent learning, shall include multiple measures of educator performance,
and shall provide clear, timely, and useful feedback to teachers, principals,
or other school leaders to be used to improve instruction, as applicable.
‘‘(K) With respect to a principal induction program, the development of
local-educational-agency-wide systems such as rigorous leader standards,
continuous ongoing identification of goals for improvement, and support for
achieving those goals.
‘‘(L) The development of skills in improving the school culture and cli-
mate related to school leadership and the role of the principal, including
to—
‘‘(i) nurture teacher and staff development to strengthen classroom
practice;
‘‘(ii) support teacher health and well-being, including through pro-
grams that focus on social emotional learning, organizational interven-
tions, workplace wellness, and stress management;
‘‘(iii) build and sustain an inclusive culture of learning among adults
and children;
‘‘(iv) strengthen communications and relationships with teachers,
parents, caregivers, paraprofessionals, and community stakeholders;
‘‘(v) facilitate the sharing of knowledge, insight, and best practices in
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the community served by the school, preschool program, or early child-
hood education program, including with youth serving programs (such
as before- and after-school and summer programs); and
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36
‘‘(vi) build relationships and communicate effectively with State and
local educational agency officials.
‘‘(21) INFANT OR TODDLER WITH A DISABILITY.—The term ‘infant or toddler
with a disability’ has the meaning given the term in section 632 of the Individ-
uals with Disabilities Education Act (20 U.S.C. 1432).
‘‘(22) MENTORING.—The term ‘mentoring’ means the mentoring or coaching of
new or prospective teachers, principals, or school leaders through a program
that—
‘‘(A) includes clear criteria for the selection of teacher, principal, or school
leader mentors who may be program staff and who will provide role model
relationships for mentees, which criteria shall be developed by the eligible
partnership and based on measures of teacher or school leader effective-
ness;
‘‘(B) provides high-quality training for such mentors, including instruc-
tional strategies for culturally relevant teaching practices, literacy instruc-
tion and classroom management (including approaches that improve the
schoolwide climate for learning, create inclusive classroom environments,
and address the social and emotional needs of students, which may include
positive behavioral interventions and supports);
‘‘(C) provides regular and ongoing opportunities for mentors and mentees
to observe each other’s teaching or leading methods in classroom or school
settings during the day in a high-need school in the high-need local edu-
cational agency in the eligible partnership;
‘‘(D) provides paid release time for mentors;
‘‘(E) for teachers, provides mentoring to each mentee by a colleague who
teaches in the same field, grade, or subject as the mentee;
‘‘(F) for teachers, promotes empirically-based practice of, and evidence-
based research on, where applicable—
‘‘(i) teaching and learning;
‘‘(ii) assessment of student learning;
‘‘(iii) the development of teaching skills through the use of instruc-
tional and behavioral interventions, including trauma-informed prac-
tices; and
‘‘(iv) the improvement of the mentees’ capacity to measurably ad-
vance student learning; and
‘‘(G) includes—
‘‘(i) common planning time or regularly scheduled collaboration for
the mentor and mentee; and
‘‘(ii) as applicable, joint professional development opportunities.
‘‘(23) PARENT.—The term ‘parent’ has the meaning given the term in section
8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
‘‘(24) PARTNER INSTITUTION.—The term ‘partner institution’ means an institu-
tion of higher education, which may include a 2-year institution of higher edu-
cation offering a dual program with a 4-year institution of higher education,
participating in an eligible partnership that has a teacher or school leader prep-
aration program that is accredited by the State—
‘‘(A) in the case of a teacher preparation program—
‘‘(i) whose graduates exhibit strong performance on State-determined
qualifying assessments for new teachers through—
‘‘(I) demonstrating that 80 percent or more of the graduates of
the program who intend to enter the field of teaching have passed
all of the applicable State qualification assessments for new teach-
ers, which shall include an assessment of each prospective teach-
er’s subject matter knowledge in the content area in which the
teacher intends to teach; or
‘‘(II) that is not designated as a low-performing teacher prepara-
tion program in the State as determined by the State—
‘‘(aa) using criteria consistent with the requirements for the
State assessment under section 207(a) before the first publica-
tion of such report card; and
‘‘(bb) using the State assessment required under section
207(a), after the first publication of such report card and for
every year thereafter; and
‘‘(ii) that requires—
‘‘(I) each student in the program to meet high academic stand-
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ards or demonstrate a record of success, as determined by the insti-
tution (including prior to entering and being accepted into a pro-
gram), and participate in intensive clinical experience;
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37
‘‘(II) each student in the program preparing to become a teacher
who meets the applicable State certification and licensure require-
ments, including any requirements for certification obtained
through alternative routes to certification, or, with regard to spe-
cial education teachers, the qualifications described in section
612(a)(14)(C) of the Individuals with Disabilities Education Act (20
U.S.C. 1412(a)(14)(C)); and
‘‘(III) each student in the program preparing to become an early
childhood educator to become highly competent; and
‘‘(B) in the case of a school leader preparation program—
‘‘(i) whose graduates exhibit a strong record of successful school lead-
ership as demonstrated by—
‘‘(I) a high percentage of such graduates taking positions as as-
sistant principals and principals within 3 years of completing the
program; and
‘‘(II) a high percentage of such graduates rated effective or above
in State school leader evaluation and support systems (as described
in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Edu-
cation Act of 1965) or, if no such ratings are available, other, com-
parable indicators of performance; and
‘‘(ii) that requires each student in the program to participate in an
intensive, high-quality clinical experience in an authentic setting (in-
cluding by assuming substantial leadership responsibilities) for at least
one full academic semester (or the equivalent) in which the student can
be evaluated on leadership skills and the student’s effect on student
learning as part of program completion.
‘‘(25) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ has
the meaning given the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
‘‘(26) PROFESSION-READY.—The term ‘profession-ready’—
‘‘(A) when used with respect to a principal or other school leader, means
a principal or other school leader who—
‘‘(i) has an advanced degree, or other appropriate credential;
‘‘(ii) has completed a principal or other school leader preparation
process and is fully certified and licensed by the State in which the
principal or other school leader is employed;
‘‘(iii) has demonstrated instructional leadership, including the ability
to collect, analyze, and utilize data on evidence of student learning and
evidence of classroom practice;
‘‘(iv) has demonstrated proficiency in professionally recognized leader-
ship standards, such as through—
‘‘(I) a performance assessment;
‘‘(II) completion of a residency program; or
‘‘(III) other measures of leadership effectiveness, as determined
by the State; and
‘‘(v) has demonstrated the ability to work with students with disabil-
ities and students who are culturally and linguistically diverse;
‘‘(B) when used with respect to a teacher, means a teacher who—
‘‘(i) has completed a teacher preparation program and is fully cer-
tified and licensed to teach by the State in which the teacher is em-
ployed;
‘‘(ii) has a baccalaureate degree or higher;
‘‘(iii) has demonstrated content knowledge in the subject or subjects
the teacher teaches;
‘‘(iv) has demonstrated the ability to work with students with disabil-
ities and students who are culturally and linguistically diverse;
‘‘(v) has demonstrated teaching skills, such as through—
‘‘(I) a teacher performance assessment; or
‘‘(II) other measures of teaching skills, as determined by the
State; and
‘‘(vi) has demonstrated proficiency with the use of educational and ac-
cessible technology; and
‘‘(C) when used with respect to any other educator not described in sub-
paragraph (A) or (B), means an educator who has completed an appropriate
preparation program and is fully certified or licensed by the State in which
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the educator is employed.
‘‘(27) RESIDENCY PROGRAM.—The term ‘residency program’ means a school-
based educator preparation program, based on models of effective teaching and
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38
leadership residencies, in which a prospective teacher, principal, or other school
leader—
‘‘(A) for 1 academic year, works alongside a mentor teacher, principal, or
other school leader who is—
‘‘(i) the educator of record; and
‘‘(ii) is rated as effective or above in the State’s school leader evalua-
tion and support system (as described in section 2101(c)(4)(B)(ii) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6611(c)(4)(B)(ii))) or, if no such ratings are available, other, on com-
parable indicators of performance;
‘‘(B) receives concurrent, aligned instruction during the year described in
subparagraph (A) from the partner institution, which may be courses
taught by local educational agency personnel or residency program faculty,
in, as applicable—
‘‘(i) the teaching of the content area in which the teacher will become
certified or licensed;
‘‘(ii) pedagogical practices, including the teaching skills defined in
paragraph (33); and
‘‘(iii) leadership, management, organizational, and instructional skills
necessary to serve as a principal or other school leader;
‘‘(C) acquires effective teaching or leadership skills through the integra-
tion of pedagogy, classroom or school practice, and teacher or leadership
mentoring; and
‘‘(D) prior to completion of the program—
‘‘(i) demonstrates the prerequisite skills to advance student learning,
which may be measured by a teacher or school leader performance as-
sessment;
‘‘(ii) attains full State teacher, principal, or school leader certification
or licensure;
‘‘(iii) with respect to special education teachers, meets the qualifica-
tions described in section 612(a)(14)(C) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1412(a)(14)(C)); and
‘‘(iv) becomes profession-ready.
‘‘(28) SCHOOL LEADER.—The term ‘school leader’ has the meaning given the
term in section 8101 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
‘‘(29) SCHOOL LEADER PREPARATION ENTITY.—The term ‘school leader prepara-
tion entity’ means an institution of higher education or a nonprofit organization,
including those institutions or organizations that provide alternative routes to
certification, that is approved by the State to prepare school leaders to be effec-
tive.
‘‘(30) SCHOOL LEADER PREPARATION PROGRAM.—The term ‘school leader prepa-
ration program’ means a program offered by a school leader preparation entity,
whether a traditional or alternative route, that is approved by the State to pre-
pare school leaders to be effective and that leads to a specific State certification
to be a school leader.
‘‘(31) SCHOOL LEADER SKILLS.—The term ‘school leader skills’ refers to evi-
denced-based competencies for principals and other school leaders such as—
‘‘(A) shaping a vision of academic success for all students;
‘‘(B) creating a safe and inclusive learning environment;
‘‘(C) cultivating leadership in others;
‘‘(D) improving instruction; and
‘‘(E) managing people, data, and processes to foster school improvement.
‘‘(32) TEACHER LEADER.—The term ‘teacher leader’ means an effective educa-
tor who carries out formalized leadership responsibilities based on the dem-
onstrated needs of the elementary school or secondary school in which the
teacher is employed, while maintaining a role as a classroom instructor who—
‘‘(A) is trained in and practices teacher leadership; and
‘‘(B) fosters a collaborative culture to—
‘‘(i) support educator development, effectiveness, and student learn-
ing;
‘‘(ii) support access and use research to improve practice and student
learning;
‘‘(iii) promote professional learning for continuous improvement;
‘‘(iv) facilitate improvements in instruction and student learning; pro-
mote the appropriate use of assessments and data for school and dis-
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trict improvement;
‘‘(v) improve outreach and collaboration with families and commu-
nity;
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39
‘‘(vi) advance the profession by shaping and implementing policy;
‘‘(vii) advocate for increased access to great teaching and learning for
all students; and
‘‘(viii) demonstrate cultural competencies and provide instruction and
support as such.
‘‘(33) TEACHING SKILLS.—The term ‘teaching skills’ means skills that enable
a teacher to—
‘‘(A) increase student learning, achievement, and the ability to apply
knowledge;
‘‘(B) effectively convey, explain, and provide opportunities for students to
develop the skills aligned with the full depth and breadth of the State chal-
lenging academic standards, including the application of academic subject
matter;
‘‘(C) effectively teach higher-order analytical, evaluation, problem-solving,
critical thinking, social and emotional, collaboration, and communication
skills;
‘‘(D) employ strategies grounded in the disciplines of teaching and learn-
ing that—
‘‘(i) are based on empirically-based practice and evidence-based re-
search, where applicable, related to teaching and learning;
‘‘(ii) are specific to academic subject matter; and
‘‘(iii) focus on the identification of students’ specific learning needs,
particularly students with disabilities, students who are English learn-
ers, students who are gifted and talented, and students with low lit-
eracy levels, and the tailoring of academic instruction to such needs;
‘‘(E) design and conduct ongoing assessments of student learning, which
may include the use of formative assessments, performance-based assess-
ments, project-based assessments, or portfolio assessments, that measures
higher-order thinking skills (including application, analysis, synthesis, and
evaluation) and use this information to inform and personalize instruction;
‘‘(F) support the social, emotional, and academic achievement of all stu-
dents including effectively manage a classroom creating a positive and in-
clusive classroom environment, including the ability to implement positive
behavioral interventions, trauma-informed care, and other support strate-
gies;
‘‘(G) support an inclusive learning environment through culturally re-
sponsive teaching;
‘‘(H) support accessible technology-rich instruction, assessment, and
learning management in content areas, accessible technology literacy, and
the use of universal design;
‘‘(I) demonstrate proficiency with the use of educational and accessible
technology;
‘‘(J) communicate and work with families, and involve families in their
children’s education; and
‘‘(K) use, in the case of an early childhood educator or an educator at the
elementary school or secondary school level, age-appropriate and develop-
mentally appropriate strategies and practices for children and youth in
early childhood education and elementary school or secondary school pro-
grams, respectively.
‘‘(34) TEACHER PERFORMANCE ASSESSMENT.—The term ‘teacher performance
assessment’ means a pre-service assessment used to measure teacher perform-
ance that is approved by the State and is—
‘‘(A) based on professional teaching standards;
‘‘(B) used to measure the effectiveness of a teacher’s—
‘‘(i) curriculum planning informed by an understanding of students’
prior knowledge, experiences, and racial, linguistic, cultural, and com-
munity assets;
‘‘(ii) instruction of students, including the skills necessary to advance
student learning, and including appropriate plans, differentiation, and
modifications to support student learning needs, including English
learners and students with disabilities;
‘‘(iii) assessment of students, including analysis of evidence of student
learning;
‘‘(iv) ability to analyze, reflect on, and improve teaching practice in
response to student learning; and
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‘‘(v) demonstrate cultural competencies through curriculum planning
and instruction.
‘‘(C) validated based on professional assessment standards;
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40
‘‘(D) reliably scored by trained evaluators, with appropriate oversight of
the process to ensure consistency; and
‘‘(E) used to support continuous improvement of educator practice.
‘‘(35) TEACHER PREPARATION ENTITY.—The term ‘teacher preparation entity’
means an institution of higher education, a nonprofit organization, or other or-
ganization that is approved by a State to prepare teachers to be effective in the
classroom.
‘‘(36) TEACHER PREPARATION PROGRAM.—The term ‘teacher preparation pro-
gram’ means a program offered by a teacher preparation entity that leads to
a specific State teacher certification.
‘‘(37) TRAUMA-INFORMED CARE.—The term ‘trauma-informed care’ is defined as
the evidence-based practices outlined in section 4108(B)(II)(aa) of the Elemen-
tary and Secondary Education Act of 1965.’’.
SEC. 2002. PURPOSES.
Section 201 of the Higher Education Act of 1965 (20 U.S.C. 1022) is amended—
(1) in paragraph (2), by striking ‘‘by improving the preparation of prospective
teachers and enhancing professional development activities for new teachers’’
and inserting ‘‘, school leaders, including teacher leaders, and other educators
by improving the preparation of prospective teachers, school leaders, and other
educators and enhancing professional development activities for new teachers,
school leaders, and other educators’’;
(2) in paragraph (3), by striking ‘‘; and’’ and inserting a semicolon;
(3) by striking paragraph (4) and inserting the following new paragraphs:
‘‘(4) hold teacher, principal and school leader, and other educator preparation
programs accountable for preparing effective teachers, principals and school
leaders, and other educators;
‘‘(5) recruit individuals, including members of racial and ethnic groups under-
represented in the teaching profession and individuals from other occupations
(including informal education and youth development fields), as profession-
ready teachers and other educators, ensuring such individuals receive appro-
priate training in pedagogy and classroom management, with an emphasis on
areas of State-identified teacher shortage; and
‘‘(6) meet the staffing needs of high-need local educational agencies and high-
need schools through close partnerships with educator preparation programs
within institutions of higher education.’’.
SEC. 2003. PARTNERSHIP GRANTS.
Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘equitable distribution,’’ after ‘‘profes-
sional development,’’;
(B) by amending paragraph (2) to read as follows:
‘‘(2) a description of the extent to which the program to be carried out with
grant funds, as described in subsection (c), will prepare prospective teachers,
school leaders, and new educators with strong teaching, school leadership, and
other professional skills necessary to increase learning and academic achieve-
ment;’’;
(C) in paragraph (3), by inserting ‘‘, school leaders, and other educators,’’
after ‘‘new teachers’’;
(D) in paragraph (4)—
(i) in subparagraph (A), by inserting ‘‘, school leader, and other edu-
cator’’ after ‘‘other teacher’’; and
(ii) in subparagraph (B), by inserting ‘‘, school leader, and other edu-
cator’’ after ‘‘promote teacher’’;
(E) in paragraph (6)—
(i) by redesignating subparagraphs (I), (J), and (K) as subparagraphs
(J), (K), and (M), respectively;
(ii) by striking subparagraphs (F), (G), and (H) and inserting the fol-
lowing:
‘‘(F) how the partnership will prepare educators to teach and work with
students with disabilities, including training related to early identification
of students with disabilities and participation as a member of individual-
ized education program teams, as defined in section 614(d)(1)(B) of the Indi-
viduals with Disabilities Education Act to ensure that students with dis-
abilities receive effective services, consistent with the requirements of the
Individuals with Disabilities Education Act, that are needed for such stu-
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dents to achieve to challenging State academic standards;
‘‘(G) how the partnership will prepare educators to teach and work with
students who are English learners to ensure that students who are English
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41
learners receive the services that are needed for such students to achieve
to challenging State academic standards;
‘‘(H) in the case of activities related to principal and school leader prepa-
ration programs, how the partnership will prepare principals and other
school leaders to foster instruction that supports the success of all students,
including students with disabilities, students who are English learners, and
students in early childhood education in alignment with State early learn-
ing standards for early childhood education programs;
‘‘(I) how faculty at the partner institution will work, during the term of
the grant, with mentor educators in the classrooms and administrators of
high-need schools served by the high-need local educational agency in the
partnership to—
‘‘(i) provide high-quality professional development activities to
strengthen the content knowledge and teaching skills of elementary
school and secondary school teachers and other educators, including
multi-tiered systems of support and universal design for learning;
‘‘(ii) train other classroom teachers, principals or other school leaders,
school librarians, and other educators to implement literacy programs
that incorporate the components of comprehensive literacy instruction;
and
‘‘(iii) provide evidence-based, high-quality professional development
activities to strengthen the instructional and leadership skills of ele-
mentary school and secondary school principals or other school leaders
and district superintendents, if the partner institution has a principal
or school leader preparation program;’’;
(iii) in subparagraph (J) (as so redesignated), by inserting ‘‘as appli-
cable’’ before ‘‘how the partnership’’;
(iv) in subparagraph (K) (as so redesignated), by striking ‘‘and’’ at the
end;
(v) by inserting after subparagraph (K) (as so resdesignated) the fol-
lowing:
‘‘(L) how faculty at the partner institution for school leader preparation
will work, during the term of the grant, with their—
‘‘(i) State to use rigorous, research-based leader standards and align
program accreditation criteria and principal licensure requirements
with those standards; and
‘‘(ii) high-needs local education agencies that hire their graduates to
use rigorous, evidence-based leader standards and align program con-
tent and local educational agencies’ evaluation systems with those
standards; and’’; and
(vi) in subparagraph (M) (as so redesignated), by inserting ‘‘, prin-
cipals or other school leaders’’ after ‘‘teachers’’; and
(F) in paragraph (7)—
(i) in the matter before subparagraph (A), by striking ‘‘under this sec-
tion’’ and inserting ‘‘under paragraphs (1)(B)(iv) and (3) of subsection
(d)’’;
(ii) in subparagraph (A), by inserting ‘‘as applicable,’’ before ‘‘a dem-
onstration’’; and
(iii) in subparagraph (B), by striking ‘‘scientifically valid’’ and insert-
ing ‘‘evidence-based’’;
(2) by amending subsection (c) to read as follows:
‘‘(c) USE OF GRANT FUNDS.—An eligible partnership that receives a grant under
this section—
‘‘(1) shall use such grant to carry out —
‘‘(A) a program for the pre-baccalaureate or post-baccalaureate prepara-
tion of teachers described in subsection (d);
‘‘(B) a teaching residency program, or a principal or other school leader
residency program, described in subsection (e);
‘‘(C) a high-quality ‘Grow Your Own’ program; or
‘‘(D) a combination of such programs; and
‘‘(2) may use such grant to carry out other educator development programs
under subsection (f), based upon the results of the needs assessment in sub-
section (b)(1).’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘limited English proficient’’ both places it appears and
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inserting ‘‘English learners’’; and
(ii) by striking ‘‘scientifically valid’’ both places it appears and insert-
ing ‘‘evidence-based’’;
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42
(iii) in subparagraph (B)(ii)(VI), by striking ‘‘reading instruction’’ both
places it appears and inserting ‘‘comprehensive literacy instruction’’;
(B) in paragraph (5)(B), by striking ‘‘limited English proficient students’’
and inserting ‘‘students who are English learners’’;
(C) in paragraph (5)(C), by inserting ‘‘paraprofessionals,’’ after ‘‘occupa-
tions,’’; and
(D) in paragraph (6)(A), by striking ‘‘reading instruction’’ and inserting
‘‘comprehensive literacy instruction’’;
(4) by amending subsection (e) to read as follows:
‘‘(e) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF TEACHING AND PRINCIPAL
OR OTHER SCHOOL LEADER RESIDENCY PROGRAMS.—
‘‘(1) IN GENERAL.—An eligible partnership receiving a grant to carry out an
effective teaching residency program or principal or other school leader resi-
dency program that meets the following requirements:
‘‘(A) TEACHING RESIDENCY PROGRAM.—An eligible partnership carrying
out a teaching residency program shall—
‘‘(i) support a teaching residency program described in paragraph (2)
for high-need schools, as determined by the needs of high-need local
educational agency in the partnership, and in high-need subjects and
areas, as defined by such local educational agency; and
‘‘(ii) place graduates of the teaching residency program in cohorts
that facilitate professional collaboration, both among graduates of the
residency program and between such graduates and mentor teachers in
the receiving school.
‘‘(B) PRINCIPAL OR SCHOOL LEADER RESIDENCY PROGRAM.—An eligible
partnership carrying out a principal or school leader residency program
shall support a program described in paragraph (3) for high-need schools,
as determined by the needs of the high-need local educational agency in the
partnership.
‘‘(2) TEACHING RESIDENCY PROGRAM.—
‘‘(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under
this paragraph shall be a program based upon models of successful teaching
residencies that serves as a mechanism to prepare teachers for success in
high-need schools in the eligible partnership and shall be designed to in-
clude the following characteristics of successful programs:
‘‘(i) The integration of pedagogy, classroom practice and teacher men-
toring.
‘‘(ii) The exposure to principles of child and youth development, and
understanding and applying principles of learning, behavior, and com-
munity and family engagement.
‘‘(iii) The exposure to principles of universal design for learning and
multi-tiered systems of support.
‘‘(iv) Engagement of teaching residents in rigorous coursework that
results in a baccalaureate or master’s degree while undertaking a guid-
ed teaching clinical experience.
‘‘(v) Experience and learning opportunities alongside a trained and
experienced mentor teacher—
‘‘(I) whose teaching shall complement the residency program so
that school-based clinical practice is tightly aligned and integrated
with coursework;
‘‘(II) who shall have extra responsibilities as a teacher leader of
the teaching residency program, as a mentor for residents, and as
a teacher coach during the induction program for new teachers,
and for establishing, within the program, a learning community in
which all individuals are expected to continually improve their ca-
pacity to advance student learning; and
‘‘(III) who may be relieved from teaching duties or may be offered
a stipend as a result of such additional responsibilities.
‘‘(vi) The establishment of clear criteria for the selection of mentor
teachers based on the appropriate subject area knowledge and meas-
ures of teacher effectiveness, which shall be based on, but not limited
to, observations of the following:
‘‘(I) Planning and preparation, including demonstrated knowl-
edge of content, pedagogy, and assessment, including the use of
formative, summative, and diagnostic assessments to inform in-
struction and improve student learning.
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‘‘(II) Appropriate instruction that engages all students.
‘‘(III) Collaboration with colleagues to improve instruction.
‘‘(IV) Analysis of evidence of student learning.
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43
‘‘(V) Collaboration and the cultivation of relationships with exter-
nal stakeholders (which may include professional disciplinary orga-
nizations and nonprofit advocacy organizations) to foster the shar-
ing of evidence-based resources to promote high-quality, effective
practices.
‘‘(vii) The development of admissions goals and priorities—
‘‘(I) that are aligned with the hiring objectives of the local edu-
cational agency partnering with the program, as well as the in-
structional initiatives and curriculum of such agency to hire quali-
fied graduates from the teaching residency program; and
‘‘(II) which may include consideration of applicants who reflect
the communities in which they will teach as well as consideration
of individuals from underrepresented populations in the teaching
profession.
‘‘(viii) Continued support for residents once such residents are hired
as the teachers of record, through an induction program, evidence-
based professional development, and networking opportunities to sup-
port the residents through not less than the residents’ first 2 years of
teaching.
‘‘(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.—
‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to be a teacher resi-
dent in a teaching residency program under this paragraph, an indi-
vidual shall—
‘‘(I) be a recent graduate of a 4-year institution of higher edu-
cation or a mid-career professional possessing strong content
knowledge or a record of professional accomplishment;
‘‘(II) in the case of an undergraduate residency, enrolled as an
undergraduate student in a partner institution as defined in this
title; and
‘‘(III) submit an application to the residency program.
‘‘(ii) SELECTION CRITERIA.—An eligible partnership carrying out a
teaching residency program under this subsection shall establish cri-
teria for the selection of eligible individuals to participate in the teach-
ing residency program based on the following characteristics:
‘‘(I) Strong content knowledge or record of accomplishment in the
field or subject area to be taught.
‘‘(II) Strong verbal and written communication skills, which may
be demonstrated by performance on appropriate assessments.
‘‘(III) Other attributes linked to effective teaching, which may be
determined by interviews or performance assessments, as specified
by the eligible partnership.
‘‘(3) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF PRINCIPAL AND OTHER
SCHOOL LEADER RESIDENCY PROGRAMS.—
‘‘(A) ESTABLISHMENT AND DESIGN.—A principal or other school leader resi-
dency program under this paragraph shall be a program based upon models
of successful principal or other school leader residencies, and may include
the development or support of principal pipelines, that serve as a mecha-
nism to prepare principals and other school leaders for success in high-need
schools in the eligible partnership and shall be designed to include the fol-
lowing characteristics of successful programs:
‘‘(i) Engagement of principal or other school leader residents in rig-
orous graduate-level coursework to earn an appropriate advanced cre-
dential while undertaking a guided principal or other school leader
clinical experience.
‘‘(ii) Experience and learning opportunities, including those that pro-
vide continuous feedback throughout the program on a participants’
progress, alongside a trained and experienced mentor principal or other
school leader—
‘‘(I) whose mentoring shall be based on standards of effective
mentoring practice and shall complement the residence program so
that school-based clinical practice is tightly aligned with
coursework; and
‘‘(II) who may be relieved from some portion of principal or other
school leader duties or may be offered a stipend as a result of such
additional responsibilities.
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‘‘(iii) The establishment of clear criteria for the selection of mentor
principals or other school leaders, which may be based on observations
of the following:
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44
‘‘(I) Demonstrating awareness of, and having experience with,
the knowledge, skills, and attitudes to—
‘‘(aa) establish and maintain a professional learning commu-
nity that effectively extracts information from data to improve
the school culture and climate, and personalize instruction for
all students to result in improved student achievement;
‘‘(bb) create and maintain a learning culture within the
school that provides an inclusive climate conducive to the de-
velopment of all members of the school community, including
one of continuous improvement and learning for adults tied to
student learning and other school goals;
‘‘(cc) develop the professional capacity and practice of school
personnel and foster a professional community of teachers and
other professional staff;
‘‘(dd) engage in continuous professional development, uti-
lizing a combination of academic study, developmental simula-
tion exercises, self-reflection, mentorship, and internship;
‘‘(ee) understand youth development appropriate to the age
level served by the school, and use this knowledge to set high
expectations and standards for the academic, social, emotional,
and physical development of all students;
‘‘(ff) understand the science of adverse childhood experiences
to lead schools that implement trauma-informed practices; and
‘‘(gg) actively engage with families and the community to
create shared responsibility for student academic performance
and successful development.
‘‘(II) Planning and articulating a shared and coherent schoolwide
direction and policy for achieving high standards of student per-
formance, and closing gaps in achievement among subgroups of
students.
‘‘(III) Identifying and implementing the activities and rigorous
curriculum necessary for achieving such standards of student per-
formance.
‘‘(IV) Supporting a culture of learning, collaboration, and profes-
sional behavior and ensuring quality measures of instructional
practice.
‘‘(V) Communicating with, and engaging, parents, families, and
other external communities.
‘‘(VI) Cultivating relationships and collaborating with external
stakeholders, which may include professional disciplinary organiza-
tions and nonprofit advocacy organizations, to foster the sharing of
evidence-based resources to promote high-quality, effective prac-
tices.
‘‘(VII) Collecting, analyzing, and utilizing data and other evi-
dence of student learning and evidence of classroom practice to
guide decisions and actions for continuous improvement and to en-
sure performance accountability.
‘‘(iv) The development of admissions goals and priorities—
‘‘(I) that are aligned with the hiring objectives of the local edu-
cational agency partnering with the program, as well as the in-
structional initiatives and curriculum of such agency to hire quali-
fied graduates from the principal residency program; and
‘‘(II) which may include consideration of applicants who reflect
the communities in which they will serve and consideration of indi-
viduals from underrepresented populations in school leadership po-
sitions.
‘‘(v) Continued support for residents once such residents are hired as
principals or other school leaders, through an induction program, evi-
dence-based professional development to support the knowledge and
skills of the principal or other school leader in a continuum of learning
and content expertise in developmentally appropriate or age-appro-
priate educational practices, and networking opportunities to support
the residents through not less than the residents’ first 2 years of serv-
ing as principal or other school leader of a school.
‘‘(B) SELECTION OF INDIVIDUALS AS PRINCIPAL OR OTHER SCHOOL LEADER
RESIDENTS.—
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‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to be a principal or
other school leader resident in a principal or other school leader resi-
dency program under this paragraph, an individual shall—
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45
‘‘(I) have prior prekindergarten through grade 12 teaching expe-
rience;
‘‘(II) have experience as an effective leader, manager, and written
and oral communicator; and
‘‘(III) submit an application to the residency program.
‘‘(ii) SELECTION CRITERIA.—An eligible partnership carrying out a
principal or other school leader residency program under this sub-
section shall establish criteria for the selection of eligible individuals to
participate in the principal residency program based on the following
characteristics:
‘‘(I) Strong instructional leadership skills in an elementary school
or secondary school setting.
‘‘(II) Strong verbal and written communication skills, which may
be demonstrated by performance on appropriate assessments.
‘‘(III) Other attributes linked to effective leadership, such as
sound judgment, organizational capacity, collaboration, commit-
ment to equity and inclusiveness, and openness to continuous
learning, which may be determined by interviews or performance
assessment, as specified by the eligible partnership.
‘‘(4) STIPENDS OR SALARIES; APPLICATIONS; AGREEMENTS; AND REPAYMENTS.—
‘‘(A) STIPENDS OR SALARIES.—A teaching residency program, or a principal
or other school leader residency program, under this subsection—
‘‘(i) shall provide a 1-year living stipend or salary to residents during
the teaching residency program or the principal or other school leader
residency program; and
‘‘(ii) may provide a stipend to a mentor teacher or mentor principal.
‘‘(B) APPLICATIONS.—
‘‘(i) IN GENERAL.—Each residency candidate desiring a stipend or sal-
ary during the period of residency shall submit an application to the
eligible partnership at such time, in such manner, and containing such
information and assurances, as the eligible partnership may require,
and which shall include an agreement to serve described in clause (ii).
‘‘(ii) AGREEMENTS TO SERVE.—Each application submitted under
clause (i) shall contain or be accompanied by an agreement that the ap-
plicant will—
‘‘(I) upon successfully completing the 1-year teaching residency
program, or principal or other school leader residency program,
serve as a full-time teacher, principal, or other school leader for a
total of not less than 3 school years at—
‘‘(aa) a high-need school served by the high-need local edu-
cational agency in the eligible partnership and, in the case of
a teacher, teach a subject or area that is designated as high-
need by the partnership; or
‘‘(bb) in a case in which no appropriate position is available
in a high-need school served by the high-need local educational
agency in the eligible partnership, any other high-need school;
‘‘(II) provide to the eligible partnership a certificate, from the
chief administrative officer of the local educational agency in which
the teacher or principal or other school leader is employed, of the
employment required under subclause (I) at the beginning of, and
upon completion of, each year or partial year of service;
‘‘(III) in the case of a teacher resident, meet the requirements to
be a profession-ready teacher;
‘‘(IV) in the case of a principal or other school leader resident,
meet the requirements to be a profession-ready principal or other
school leader; and
‘‘(V) comply with the requirements set by the eligible partnership
under subparagraph (C) if the applicant is unable or unwilling to
complete the service obligation required by this subparagraph.
‘‘(C) REPAYMENTS.—
‘‘(i) IN GENERAL.—An eligible partnership carrying out a teaching
residency program, or a principal or other school leader residency pro-
gram, under this subsection shall require a recipient of a stipend or sal-
ary under subparagraph (A) who does not complete, or who notifies the
partnership that the recipient intends not to complete, the service obli-
gation required by subparagraph (B) to repay such stipend or salary to
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the eligible partnership, together with interest, at a rate specified by
the partnership in the agreement, and in accordance with such other
terms and conditions specified by the eligible partnership, as necessary.
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46
‘‘(ii) OTHER TERMS AND CONDITIONS.—Any other terms and conditions
specified by the eligible partnership may include reasonable provisions
for prorate repayment of the stipend or salary described in subpara-
graph (A) or for deferral of a resident’s service obligation required by
subparagraph (B), on grounds of health, incapacitation, inability to se-
cure employment in a school served by the eligible partnership, being
called to active duty in the Armed Forces of the United States, or other
extraordinary circumstances.
‘‘(iii) USE OF REPAYMENTS.—An eligible partnership shall use any re-
payment received under this subparagraph to carry out additional ac-
tivities that are consistent with the purposes of this section.’’;
(5) by striking subsection (f);
(6) by redesignating subsections (g) through (k) as subsections (h) through (l),
respectively; and
(7) by inserting after subsection (e) the following:
‘‘(f) TEACHER LEADER DEVELOPMENT PROGRAM.—
‘‘(1) IN GENERAL.—A teacher leader development program carried out with a
grant awarded under this section shall provide for the professional development
of teachers, as described in paragraph (2), who maintain their roles as class-
room teachers and who also carry out formalized leadership responsibilities to
increase the academic achievement of students and promote data-driven in-
structional practices that address the demonstrated needs at the elementary
schools and secondary schools in which the teachers are employed, such as—
‘‘(A) development of curriculum and curricular resources;
‘‘(B) facilitating the work of committees and teams;
‘‘(C) family and community engagement;
‘‘(D) school discipline and culture;
‘‘(E) peer observations and coaching;
‘‘(F) dual enrollment instruction; or
‘‘(G) cultural competencies.
‘‘(2) PROFESSIONAL DEVELOPMENT.—The professional development of teachers
in a teacher leader development program carried out with a grant awarded
under this section shall include—
‘‘(A) one year of professional development, training, and support that
may—
‘‘(i) include—
‘‘(I) the engagement of teachers in rigorous coursework and
fieldwork relevant to their role as a teacher leader, including avail-
able teacher leader standards; and
‘‘(II) regular observations and professional support from—
‘‘(aa) a principal, vice principal, or a designated instructional
leader of the school;
‘‘(bb) a representative from the institution of higher edu-
cation that is a partner in the eligible partnership;
‘‘(cc) a representative from another entity that is a partner
in the eligible partnership; and
‘‘(dd) another member of the teacher leader cohort, if applica-
ble, or a peer teacher; and
‘‘(ii) result in the awarding of a credential in teacher leadership; and
‘‘(B) one or 2 additional years of support from a principal, vice principal,
or a designated instructional leader of the school, a representative from the
institution of higher education that is a partner in the eligible partnership,
and a representative from another entity that is a partner in the eligible
partnership.
‘‘(3) TEACHER LEADER DEVELOPMENT PROGRAM PLAN.—In carrying out a teach-
er leader development program under this section, an eligible partnership shall
develop a plan that shall describe—
‘‘(A) how the work hours of teacher leaders will be allocated between their
classroom responsibilities and responsibilities as a teacher leader, which
shall include a description of whether the teacher leader will be relieved
from teaching duties during their participation in the teacher leader devel-
opment program;
‘‘(B) how the partnership will support teacher leaders after the first year
of professional development in the program; and
‘‘(C) how teacher leader activities could be sustained by the eligible part-
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nership after the program concludes, which may include a description of op-
portunities for the teacher leaders to assist in the educator preparation pro-
gram at the institution of higher education in the partnership.
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47
‘‘(4) SELECTION OF TEACHER LEADERS; USE OF FUNDS.—In carrying out a teach-
er leader development program under this section, an eligible partnership—
‘‘(A) shall select a teacher for participation in the program—
‘‘(i) who—
‘‘(I) is fully certified to teach in the State of the high-need local
educational agency that is a partner in the eligible partnership;
‘‘(II) is employed by such high-need local educational agency;
‘‘(III) has not less than 3 years of teaching experience; and
‘‘(IV) submits an application for participation to the eligible part-
nership; and
‘‘(ii) based on selection criteria that includes—
‘‘(I) demonstration of strong content knowledge or a record of ac-
complishment in the field or subject area the teacher will support
as a teacher leader; and
‘‘(II) demonstration of attributes linked to effective teaching that
are determined through interviews, observations, other exhibits,
student achievement, or performance assessments, such as those
leading to an advanced credential;
‘‘(B) may develop admissions goals and priorities for the teacher leader
development program that—
‘‘(i) are aligned with the demonstrated needs of the school or high-
need local educational agency in which the teacher is employed;
‘‘(ii) considers cultural competencies that would make the applicant
effective in the applicant’s teacher leader role; and
‘‘(iii) considers whether the teacher has substantial teaching experi-
ence in the school in which the teacher is employed or in a school that
is similar to the school in which the teacher is employed;
‘‘(C) shall use the grant funds to pay for costs of training and supporting
teacher leaders for not less than 2 years and not more than 3 years;
‘‘(D) may use the grant funds to pay for a portion of a stipend for teacher
leaders if such grant funds are matched by additional non-Federal public
or private funds as follows:
‘‘(i) during each of the first and second years of the grant period,
grant funds may pay not more than 50 percent of such stipend; and
‘‘(ii) during the third year of the grant period, grant funds may pay
not more than 33 percent of such stipend; and
‘‘(E) may require teacher leaders to pay back the cost of attaining the cre-
dential described in paragraph (2)(A)(ii) if they do not complete their term
of service in the teacher leader development program.
‘‘(g) PARTNERSHIP GRANTS FOR THE ESTABLISHMENT OF GROW YOUR OWN PRO-
GRAMS.—
‘‘(1) IN GENERAL.—An eligible partnership that receives a grant under this
section may use such grant to carry out a high-quality ‘Grow Your Own’ pro-
gram to address subject or geographic areas of teacher or school leader short-
ages or to increase the diversity of the teacher or school leader workforce.
‘‘(2) ELEMENTS OF A GROW YOUR OWN PROGRAM.—A Grow Your Own program
carried out under this section shall—
‘‘(A) integrate career-focused courses on education topics with school-
based learning experience;
‘‘(B) provide opportunities for candidates to practice and develop the skills
and dispositions that will help them become skilled educators and leaders;
‘‘(C) support candidates as they complete their associate, baccalaureate,
or master’s degree and earn their teaching or school leadership credential;
and
‘‘(D) offer financial aid, in addition to financial assistance that may be re-
ceived under title IV, to candidates and work in partnership with members
of the eligible partnership to provide academic, counseling, and pro-
grammatic supports.
‘‘(2) ESTABLISHMENT AND DESIGN.—To create and enhance multiple pathways
to enter the educator and leadership workforce, an eligible partnership carrying
out a Grow Your Own program under this section, in collaboration with organi-
zations representing educators and leaders and additional stakeholders—
‘‘(A) shall—
‘‘(i) establish an advisory group to review barriers impacting under-
represented populations entering the teaching and school leadership
profession, identify local teacher and leader workforce needs, develop
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policies on the creation or expansion of Grow Your Own programs, and
provide guidance and oversight on the implementation of such pro-
grams;
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48
‘‘(ii) track and evaluate the effectiveness of the program, including,
at a minimum, using the data required under section 204(a)(1);
‘‘(iii) require candidates to complete all State requirements to become
fully certified;
‘‘(iv) provide academic and testing supports, including advising and
financial assistance, to candidates for admission and completion of edu-
cation preparation programs as well as State licensure assessments;
‘‘(v) include efforts, to the extent feasible, to recruit current para-
professionals, as defined under section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801), instructional assistants,
district employees not certified to teach or lead (such as long-term sub-
stitute teachers), after school and summer program staff, parent school
volunteers, retired military personnel, and other career changers with
experience in hard to staff areas who are not currently certified to
teach or lead with a specific focus on recruiting individuals who are re-
flective of the race, ethnicity, and native language of the existing com-
munity’s student population; and
‘‘(vi) provide a year-long clinical experience or teaching or school
leadership residency in which candidates teach or lead alongside an ex-
pert mentor teacher or school leader; and
‘‘(B) may include—
‘‘(i) a stipend to cover candidate living expenses or childcare costs;
and
‘‘(ii) compensation for mentors.’’.
SEC. 2004. ADMINISTRATIVE PROVISIONS.
Section 203 of the Higher Education Act of 1965 (20 U.S.C. 1022b) is amended—
(1) in subsection (a)(2), by striking ‘‘five-year period.’’ and inserting ‘‘five-year
period, except such partnership may receive an additional grant during such pe-
riod if such grant is used to establish a teaching residency program, or a prin-
cipal or other school leader residency program, if such residency program was
not established with the prior grant.’’; and
(2) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by striking ‘‘teacher preparation program’’ and inserting ‘‘teacher
education, school leader preparation, or educator development pro-
gram’’;
(ii) by inserting ‘‘and demonstrated success in having a diverse set
of candidates complete the program, and entering and remaining in the
profession’’ after ‘‘such program’’; and
(iii) by striking ‘‘; and’’ at the end and inserting a semicolon;
(B) by redesignating subparagraph (B) as subparagraph (C); and
(C) by inserting after subparagraph (A) the following:
‘‘(B) provide a 1–year preservice clinical or residency experience that in-
cludes the integration of coursework and clinical practice and offers cohorts
of candidates the opportunity to learn to teach or lead in partner schools
or teaching academies; and’’.
SEC. 2005. ACCOUNTABILITY AND EVALUATION.
Section 204(a) of the Higher Education Act of 1965 (20 U.S.C. 1022c(a)) is amend-
ed to read as follows:
‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible partnership submitting
an application for a grant under this part shall establish, and include in such appli-
cation, an evaluation plan that includes rigorous, comprehensive, and measurable
performance objectives. The plan shall include objectives and measures for—
‘‘(1) achievement for all prospective and new educators as measured by the
eligible partnership;
‘‘(2) after the completion of the partnership program, educator retention at
the end of year 3 and year 5;
‘‘(3) pass rates and scaled scores for initial State certification or licensure of
teachers or pass rates and average scores on valid and reliable teacher perform-
ance assessments; and
‘‘(4)(A) the percentage of profession-ready teachers, principals or other school
leaders hired by the high-need local educational agency participating in the eli-
gible partnership;
‘‘(B) the percentage of profession-ready teachers, principals, and other edu-
cators hired by the high-need local educational agency who are members of
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underrepresented groups;
‘‘(C) the percentage of profession-ready teachers hired by the high-need local
educational agency who teach high-need academic subject areas, such as read-
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49
ing, science, technology, engineering, mathematics, computer science, and for-
eign language (including less commonly taught languages and critical foreign
languages), or any other well-rounded education subject (as defined in section
8101 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801));
‘‘(D) the percentage of profession-ready teachers hired by the high-need local
educational agency who teach in high-need areas, including special education,
bilingual education, language instruction educational programs for English lan-
guage learners, and early childhood education;
‘‘(E) the percentage of profession-ready teachers, principals or other school
leaders, and other educators hired by the high-need local educational agency
who teach in high-need schools, disaggregated by the elementary school and sec-
ondary school levels;
‘‘(F) as applicable, the percentage of early childhood education program class-
es in the geographic area served by the eligible partnership taught by early
childhood educators who are highly competent as a result of participation in the
partnership program;
‘‘(G) as applicable, the percentage of educators who have completed the part-
nership program able to—
‘‘(i) integrate technology effectively into curricula and instruction, includ-
ing technology consistent with the principles of universal design for learn-
ing; and
‘‘(ii) use technology effectively to collect, manage, and analyze data to im-
prove teaching and learning for the purpose of improving student learning
outcomes; and
‘‘(H) as applicable, the percentage of educators who have completed the part-
nership program taking school leadership positions who, after 3 years in the
role, receive ratings of effective or above in State school leader evaluation and
support systems (as described in section 2014(c)(4)(B)(ii) of the Elementary and
Secondary Education Act of 1965) or, if no such ratings are available, other
comparable indicators of performance.’’.
SEC. 2006. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS, PRINCIPALS, OR
OTHER SCHOOL LEADERS.
Section 205 of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended—
(1) in subsection (a)—
(A) by striking the subsection header and inserting the following: ‘‘INSTI-
TUTIONAL AND PROGRAM REPORT CARDS ON THE QUALITY OF TEACHER AND
SCHOOL LEADER PREPARATION’’; and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) REPORT CARD.—Each teacher preparation or school leader preparation en-
tity approved to operate teacher preparation or school leader preparation pro-
grams in the State and that receives or enrolls students receiving Federal as-
sistance shall report annually to the State and the general public, in a uniform
and comprehensive manner that conforms with the definitions and methods es-
tablished by the Secretary, the following:
‘‘(A) PASS RATES AND SCALED SCORES.—For the most recent year for which
the information is available for each teacher or school leader preparation
program offered by the teacher preparation or school leader preparation en-
tity the following:
‘‘(i) Except as provided in clause (ii), for those students who took the
assessments used for teacher or school leader certification or licensure
by the State in which the entity is located and are enrolled in the
teacher or school leader preparation program, and for those who have
taken such assessments and have completed the teacher or school prep-
aration program during the 2-year period preceding such year, for each
of such assessments—
‘‘(I) the percentages of students enrolled in the preparation pro-
gram, and those who have completed such program, who passed
such assessment;
‘‘(II) the percentage of students who have taken such assessment
who enrolled in and completed the teacher or school leader prepa-
ration program; and
‘‘(III) the average scaled score for all students who took such as-
sessment.
‘‘(ii) In the case of an entity that requires a valid and reliable teacher
performance assessment in order to complete the preparation program,
the entity may submit in lieu of the information described in clause (i)
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the pass rate and average score of students taking the teacher perform-
ance assessment.
‘‘(B) ENTITY INFORMATION.—A description of the following:
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50
‘‘(i) The median grade point average and range of grade point aver-
ages for admitted students.
‘‘(ii) The number of students in the entity, disaggregated by race, eth-
nicity, and gender, except that such disaggregation shall not be re-
quired in a case in which the result would reveal personally identifiable
information about an individual student.
‘‘(iii) The number of hours and types of supervised clinical prepara-
tion required for each program.
‘‘(iv) The total number and percentage of students who have com-
pleted programs for certification or licensure disaggregated by subject
area and by race, ethnicity, gender, income status, and language diver-
sity (graduates who have bilingual or dual language immersion en-
dorsements), except that such disaggregation shall not be required in
a case in which the result would reveal personally identifiable informa-
tion about an individual student.
‘‘(v) The percentage and total number of program completers who
have been certified or licensed as teachers or school leaders
(disaggregated by subject area of certification or licensure and by race,
ethnicity, and gender, except that such disaggregation shall not be re-
quired in a case in which the number of students in a category is insuf-
ficient to yield statistically reliable information or the results would re-
veal personally identifiable information about an individual student).
‘‘(vi) The 3- and 5-year teacher or school leader retention rates, in-
cluding, at a minimum, in the same school and local educational agen-
cy, and within the profession (disaggregated by race, ethnicity, and
gender, except that such disaggregation shall not be required in a case
in which the number of students in a category is insufficient to yield
statistically reliable information or the results would reveal personally
identifiable information about an individual student).
‘‘(C) ACCREDITATION.—Whether the program or entity is accredited by a
specialized accrediting agency recognized by the Secretary for accreditation
of professional teacher or school leader education programs.
‘‘(D) DESIGNATION AS LOW-PERFORMING.—Which programs (if any) offered
by the entity have been designated as low-performing by the State under
section 207(a).’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) by inserting ‘‘and school leader’’ after ‘‘teacher’’; and
(II) by inserting ‘‘, including teacher performance assessments’’
after ‘‘the State’’;
(ii) by amending subparagraph (D) to read as follows:
‘‘(D)(i) Except as provided in clause (ii), for each of the assessments used
by the State for teacher or school leader certification or licensure,
disaggregated by subject area, race, ethnicity, and gender, except that such
disaggregation shall not be required in a case in which the result would re-
veal personally identifiable information about an individual student—
‘‘(I) for each entity located in the State, the percentage of students
at each entity who have completed 100 percent of the nonclinical
coursework and taken the assessment who pass such assessment;
‘‘(II) the percentage of all such students in all such programs and en-
tities who have taken the assessment who pass such assessment;
‘‘(III) the percentage of students who have taken the assessment and
who enrolled in and completed a teacher or school leader preparation
program; and
‘‘(IV) the average scaled score of individuals participating in such a
program, or who have completed such a program during the 2-year pe-
riod preceding the first year for which the annual State report card is
provided, who took each such assessment.
‘‘(ii) In the case of a State that has implemented a valid and reliable
teacher performance assessment, the State may submit in lieu of the infor-
mation described in clause (i) the pass rate and average score of students
taking the teacher performance assessment, disaggregated by subject area,
race, ethnicity, and gender, except that such disaggregation shall not be re-
quired in a case in which the result would reveal personally identifiable in-
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formation about an individual student.’’;
(iii) by striking subparagraphs (G) through (L) and inserting the fol-
lowing:
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51
‘‘(G) For each teacher and school leader preparation program in the State
the following:
‘‘(i) The programs’ admission rate, median grade point average, and
range of grade point averages for admitted students.
‘‘(ii) The number of students in the program disaggregated by race,
ethnicity, and gender, except that such disaggregation shall not be re-
quired in a case in which the result would reveal personally identifiable
information about an individual student.
‘‘(iii) The number of hours and types of supervised clinical prepara-
tion required.
‘‘(iv) Whether such program has been identified as low-performing, as
designated by the State under section 207(a).
‘‘(v) For each school leader preparation program in the State, the
total number and percentage of program completers placed as prin-
cipals who are rated as effective or above on the State school leader
evaluation and support systems (as described in section 2101(c)(4)(B)(2)
of the Elementary and Secondary Education Act of 1965) or, if no such
ratings are available, other comparable indicators of performance after
three years of leading a school.
‘‘(H) For the State as a whole, and for each teacher preparation entity in
the State, the number of teachers prepared, in the aggregate and reported
separately by the following:
‘‘(i) Area of certification or licensure.
‘‘(ii) Route of certification (traditional versus alternative).
‘‘(iii) Academic major.
‘‘(iv) Degree type (baccalaureate, post-baccalaureate, and master’s de-
grees).
‘‘(v) Subject area for which the teacher has been prepared to teach.
‘‘(vi) The relationship of the subject area and grade span of teachers
graduated by the teacher preparation entity to identified teacher short-
age areas of the State.
‘‘(vii) The percentage of teachers graduated teaching in high-need
schools.
‘‘(viii) Placement in a teaching or school leadership position within 6
months of program completion.
‘‘(ix) Rates of 3- and 5-year teacher or school leadership retention in-
cluding, at a minimum, in the same school and local educational agen-
cy, and within the profession.’’; and
(B) by adding at the end the following:
‘‘(3) NO REQUIREMENT FOR REPORTING ON STUDENTS NOT WORKING IN THE
STATE.—Nothing in this section shall require a State to report data on program
completers who do not work as teachers, principals, or school leaders in such
State.’’; and
(3) in subsection (d)(2), by adding at the end the following:
‘‘(D) The relationship of the subject area and grade span of teachers grad-
uated by teacher preparation entities across the States to identified teacher
shortage areas.
‘‘(E) The number and percentages of such graduates teaching in high-
need schools.’’.
SEC. 2007. TEACHER DEVELOPMENT.
Section 206 of the Higher Education Act of 1965 (20 U.S.C. 1022e) is amended
by striking ‘‘limited English proficient’’ both places it appears and inserting ‘‘English
learner’’.
SEC. 2008. STATE FUNCTIONS.
Section 207 of the Higher Education Act of 1965 (20 U.S.C. 1022f) is amended to
read as follows:
‘‘SEC. 207. STATE FUNCTIONS.
‘‘(a) STATE ASSESSMENT.—
‘‘(1) IN GENERAL.—In order to receive funds under this Act or under title II
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et
seq.), a State shall conduct an assessment to identify at-risk and low-performing
teacher and school leader preparation programs in the State and to assist such
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programs through the provision of technical assistance.
‘‘(2) PROVISION OF LOW-PERFORMING LIST.—Each State described in paragraph
(1) shall—
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52
‘‘(A) provide the Secretary and the general public an annual list of low-
performing teacher and school leader preparation programs and an identi-
fication of those programs at risk of being placed on such list, as applicable;
‘‘(B) report any teacher and school leader preparation program that has
been closed and the reasons for such closure; and
‘‘(C) describe the assessment, described in paragraph (1), in the report
under section 205(b).
‘‘(3) DETERMINATION OF AT-RISK AND LOW-PERFORMING PROGRAMS.—The levels
of performance and the criteria for meeting those levels for purposes of the as-
sessment under paragraph (1) shall be determined by the State in consultation
with a representative group of community stakeholders, including, at a min-
imum, representatives of leaders and faculty of traditional and alternative route
teacher and school leader preparation programs, prekindergarten through 12th
grade leaders and instructional staff, current teacher and school leader can-
didates participating in traditional and alternative route teacher or school lead-
er preparation programs, the State’s standards board or other appropriate
standards body, and other stakeholders identified by the State. In making such
determination, the State shall consider multiple measures and the information
reported by teacher preparation entities under section 205.
‘‘(b) REPORTING AND IMPROVEMENT.—In order to receive funds under this Act or
under title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6601 et seq.), a State shall—
‘‘(1) report to the Secretary and the general public any programs described
in subsection (a);
‘‘(2) establish a period of improvement and redesign (as established by the
State) for programs identified as at-risk under subsection (a);
‘‘(3) provide programs identified as at-risk under subsection (a) with technical
assistance for a period of not longer than 3 years;
‘‘(4) identify at-risk programs as low-performing if there is not sufficient im-
provement following the period of technical assistance provided by the State;
and
‘‘(5) subject low-performing programs to the provisions described in subsection
(c) (as determined by the State) not later than 1 year after the date of such
identification as a low-performing program.
‘‘(c) TERMINATION OF ELIGIBILITY.—Any teacher or school leader preparation pro-
gram that is projected to close—
‘‘(1) shall be ineligible for any funding for professional development activities
awarded by the Department;
‘‘(2) may not be permitted to provide new awards under subpart 9 of part A
of title IV; and
‘‘(3) shall provide transitional support, including remedial services if nec-
essary, for students enrolled in the program in the year prior to such closure.
‘‘(d) NEGOTIATED RULEMAKING.—If the Secretary develops any regulations imple-
menting subsection (c)(2), the Secretary shall submit such proposed regulations to
a negotiated rulemaking process, which shall include representatives of States, in-
stitutions of higher education, and educational and student organizations.
‘‘(e) APPLICATION OF REQUIREMENTS.—The requirements of this section shall apply
to both traditional teacher preparation programs and alternative routes to State cer-
tification and licensure programs.’’.
SEC. 2009. GENERAL PROVISIONS.
Section 208(a) of the Higher Education Act of 1965 (20 U.S.C. 1022g(a)) is amend-
ed by striking ‘‘sections 205 and 206’’ and inserting ‘‘section 205’’.
SEC. 2010. ELEVATION OF THE EDUCATION PROFESSION STUDY.
Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.)
is amended by inserting after section 208 the following:
‘‘SEC. 209. ELEVATION OF THE EDUCATION PROFESSION STUDY.
‘‘(a) PURPOSE.—The purpose of this section is to authorize a feasibility study on
the elevation of the education profession by examining State policies related to
teacher and school leader education and certification, produce a comprehensive set
of expectations that sets a high bar for entry into the profession and ensures that
all entering teachers and school leaders are profession-ready, and develop rec-
ommendations to Congress on best practices with respect to elevating the education
profession that are evidence-based, reliable, and verified by the field.
‘‘(b) ESTABLISHMENT.—
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‘‘(1) IN GENERAL.—The Secretary of Education shall establish an Advisory
Committee to carry out the elevation of the education profession study described
in subsection (c) and make recommendations to Congress on the findings.
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53
‘‘(2) MEMBERSHIP OF THE ADVISORY COMMITTEE.—The Advisory Committee
shall include representatives or advocates from the following categories:
‘‘(A) Teacher unions.
‘‘(B) School leader organizations.
‘‘(C) State and local chief executives or their representatives.
‘‘(D) State educational agencies and local educational agencies.
‘‘(E) Teacher and school leader advocacy organizations.
‘‘(F) School administrator organizations.
‘‘(G) Institutions of higher education, including colleges of teacher edu-
cation.
‘‘(H) Civil rights organizations.
‘‘(I) Organizations representing students with disabilities.
‘‘(J) Organizations representing English learners.
‘‘(K) Nonprofit organizations representing subject-fields, such as STEM
Educator organizations, comprehensive literacy Educator organizations, and
arts and humanities educator organizations.
‘‘(L) Professional development organizations.
‘‘(M) Educational technology organizations.
‘‘(N) Nonprofit research organizations.
‘‘(O) Organizations representing nontraditional pathways into teacher and
school leader education.
‘‘(P) Organizations representing parents.
‘‘(c) DUTIES OF THE ADVISORY COMMITTEE.—
‘‘(1) FEASIBILITY STUDY.—The Advisory Committee shall conduct a feasibility
study to—
‘‘(A) assess the state of policies and practices related to teacher and
school leader education and entry into the profession including barriers to
achieving certification and licensure, best practices in producing profession-
ready teachers and school leaders, and recruitment and retention of teach-
ers and school leaders in schools;
‘‘(B) compile best practices for educating and training profession-ready
teachers and school leaders including evidence-based practices for training
teachers and school leaders to support diverse learners, developing teacher
and school leaders, and successful pre-service and in-service educational ac-
tivities;
‘‘(C) review certification and credentialing practices throughout the Na-
tion including minimum standards in each State, differences in types of cre-
dentials, and impact of different certification processes in each State for
teachers and school leaders who relocate; and
‘‘(D) recommend a comprehensive set of rigorous expectations for States
standards to elevate the profession of teaching and to produce profession-
ready teachers and school leaders prepared to educate diverse learners in
inclusive educational settings.
‘‘(2) REPORTS.—
‘‘(A) Not later than 1 year after the Advisory Committee’s first meeting,
the Committee shall submit an interim report to the Secretary and to the
authorizing committees detailing the methods of the study and progress in
developing the set of comprehensive and rigorous expectations.
‘‘(B) Not later than 3 years after the Advisory Committee’s first meeting,
the Committee shall submit a final report to the Secretary and to the au-
thorizing committees detailing the findings, recommendations, and sug-
gested set of comprehensive and rigorous expectations.
‘‘(3) DISSEMINATION OF INFORMATION.—In carrying out the study under para-
graph (1), the Secretary shall, after the release of the study, disseminate infor-
mation found in the study in an accessible format to all stakeholders.
‘‘(4) DATABASE.—Not later than 180 days after the date of the enactment of
this subsection, the Secretary shall produce an electronically accessible clearing-
house of State certification procedures and best State practices for producing
and retaining profession-ready teachers and school leaders.’’.
SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.
Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.)
is amended—
(1) by redesignating section 209 as section 210; and
(2) in section 210, as so redesignated—
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(A) by striking ‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’;
(B) by striking ‘‘2009’’ and inserting ‘‘2019’’; and
(C) by striking ‘‘two succeeding’’ and inserting ‘‘5 succeeding’’.
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54
PART B—ENHANCING TEACHER AND SCHOOL LEADER
EDUCATION
SEC. 2101. ENHANCING TEACHER AND SCHOOL LEADER EDUCATION.
Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.)
is amended to read as follows:
‘‘PART B—ENHANCING TEACHER AND SCHOOL LEADER
EDUCATION
‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated to carry out this part
$100,000,000 for fiscal year 2020 and each of the 5 succeeding fiscal years.
‘‘(b) DISTRIBUTION OF FUNDS.—Subparts 1 through 4 of this part shall each receive
a minimum of 20 percent of the amount appropriated for a fiscal year, and the Sec-
retary shall have discretion over the distribution under this part of the remaining
amount appropriated for such fiscal year.
‘‘Subpart 1—Honorable Augustus F. Hawkins Centers of
Excellence
‘‘SEC. 231. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Our Nation’s schools are experiencing a severe teacher diversity gap that
negatively impacts student achievement and school culture—50 percent of cur-
rent students are students of color while only 18 percent of teachers are of color,
according to a 2016 study by the Brookings Institution.
‘‘(2) A 2016 report conducted by the Department of Education shows that
teachers of color tend to provide more culturally relevant teaching and better
understand the situations that students of color may face. These factors help
in the development of trusting teacher-student relationships. Researchers from
Vanderbilt University also found that greater racial and ethnic diversity in the
principal corps benefits students, especially students of color.
‘‘(3) Teachers and school leaders of color can also serve as cultural ambas-
sadors who help students feel more welcome at school or as role models.
‘‘(4) Research consistently shows that increasing diversity in the teaching pro-
fession can have positive impacts on student educational experiences and out-
comes. Students of color demonstrate greater academic achievement and social-
emotional development in classes with teachers of color. Studies also suggest
that all students, including white students, benefit from having teachers of color
offering their distinctive knowledge, experiences, and role modeling to the stu-
dent body as a whole.
‘‘SEC. 232. PURPOSE.
‘‘The purpose of this subpart is to strengthen and expand the recruitment, train-
ing, and retention of candidates of color into the teaching profession.
‘‘SEC. 233. ELIGIBLE INSTITUTION DEFINED.
‘‘In this subpart, the term ‘eligible institution’ means an institution of higher edu-
cation that has a teacher or school leader preparation program that is a accredited
by the State and that is—
‘‘(1) a part B institution (as defined in section 322);
‘‘(2) a Hispanic-serving institution (as defined in section 502);
‘‘(3) a Tribal college or university (as defined in section 316);
‘‘(4) an Alaska Native-serving institution (as defined in section 317(b));
‘‘(5) a Native Hawaiian-serving institution (as defined in section 317(b));
‘‘(6) a predominantly black institution (as defined in section 318);
‘‘(7) an Asian-American and Native American Pacific Islander-serving institu-
tion (as defined in section 320(b));
‘‘(8) a Native American-serving, nontribal institution (as defined in section
319);
‘‘(9) a consortium of any of the institutions described in paragraphs (1)
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through (8); or
‘‘(10) an institution described in paragraphs (1) through (8), or a consortium
described in paragraph (9), in partnership with any other institution of higher
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55
education, but only if the center of excellence established under section 234 is
located at an institution described in paragraphs (1) through (8).
‘‘SEC. 234. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.
‘‘(a) PROGRAM AUTHORIZED.—From the amounts provided to carry out this sub-
part, the Secretary shall award grants, on a competitive basis, to eligible institu-
tions to establish centers of excellence.
‘‘(b) USE OF FUNDS.—An eligible institution shall use a grant received under this
subpart to ensure that programs offered at a center of excellence established by
such institution prepare current and future teachers or school leaders to be profes-
sion-ready, and meet the applicable State certification and licensure requirements,
including any requirements for certification obtained through alternative routes to
certification, or, with regard to special education teachers, the qualifications de-
scribed in section 612(a)(14)(C) of the Individuals with Disabilities Education Act
(20 U.S.C. 1412(a)(14)(C)), by carrying out one or more of the following activities:
‘‘(1) Implementing reforms within teacher or school leader preparation pro-
grams to ensure that such programs are preparing teachers or school leaders
who meet such applicable State certification and licensure requirements or
qualifications, and are using evidence-based instructional practices to improve
student academic achievement, by—
‘‘(A) retraining or recruiting faculty; and
‘‘(B) designing (or redesigning) teacher or school leader preparation pro-
grams that—
‘‘(i) prepare teachers or school leaders to serve in low-performing
schools and close student achievement gaps; and
‘‘(ii) are based on—
‘‘(I) rigorous academic content;
‘‘(II) evidence-based research; and
‘‘(III) challenging State academic standards as described in sec-
tion 1111(b)(1) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b)(1)); and
‘‘(iii) promote effective teaching skills.
‘‘(2) Providing sustained and high-quality preservice clinical experience, which
may include through high-quality teacher or leader residency programs, includ-
ing the mentoring of prospective teachers by exemplary teachers or teacher
leaders, substantially increasing interaction between faculty at institutions of
higher education and new and experienced teachers, principals, school leaders,
and other administrators at elementary schools or secondary schools, and pro-
viding support, including preparation time, for such interaction.
‘‘(3) Developing and implementing initiatives to promote retention of teachers
who meet such applicable State certification and licensure requirements or
qualifications, and principals and other school leaders, including teachers, prin-
cipals, and other school leaders of color, including programs that provide—
‘‘(A) teacher or principal and other school leader mentoring; and
‘‘(B) induction and support for teachers and principals and other school
leaders during their first three years of employment as teachers, principals,
or other school leaders, respectively.
‘‘(4) Awarding scholarships based on financial need to help students pay the
costs of tuition, room, board, and other expenses of completing a teacher or
other school leader preparation program at the Center of Excellence, not to ex-
ceed the cost of attendance as defined in section 472.
‘‘(5) Disseminating information on effective practices for teacher or other
school leader preparation and successful teacher or other school leader certifi-
cation and licensure assessment preparation strategies.
‘‘(6) Activities authorized under section 202.
‘‘(c) APPLICATION.—Any eligible institution desiring a grant under this subpart
shall submit an application to the Secretary at such time, in such manner, and ac-
companied by such information as the Secretary may require.
‘‘(d) LIMITATION ON ADMINISTRATIVE EXPENSES.—An eligible institution that re-
ceives a grant under this subpart may use not more than 2 percent of the funds
provided to administer the grant.
‘‘(e) REGULATIONS.—The Secretary shall prescribe such regulations as may be nec-
essary to carry out this subpart.
‘‘Subpart 2—Preparing Well-Rounded Teachers
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‘‘SEC. 241. WELL-ROUNDED TEACHING GRANTS.
‘‘(a) FINDINGS.—Congress finds that—
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56
‘‘(1) students have diverse learning needs and teachers must be prepared to
provide a high-quality, equitable education to every child;
‘‘(2) improving the pedagogical competencies, behavior management skills,
and cultural competencies of teacher candidates prepares them to effectively
teach students from diverse backgrounds and increases the likelihood they will
remain in the profession; and
‘‘(3) teachers who hold dual certification and receive training in social and
emotional learning competencies and nonexclusionary, positive behavior man-
agement practices are better prepared to create a supportive school climate and
meet the needs of all students, including English learners, racially diverse stu-
dents, students with disabilities, low-income students, and students who have
experienced trauma.
‘‘(b) PURPOSE.—The purpose of this subpart is to—
‘‘(1) strengthen and expand teacher preparation programs that embed dual
certification for teacher candidates in special education; and
‘‘(2) strengthen and expand teacher preparation programs that embed train-
ing on inclusive practices, culturally responsive teaching, social and emotional
learning competencies, universal design for learning, and nonexclusionary, posi-
tive behavior management practices to teacher candidates.
‘‘(c) AUTHORIZATION OF PROGRAM.—
‘‘(1) IN GENERAL.—From the amounts provided to carry out this subpart, the
Secretary shall award grants, on a competitive basis, to eligible partnerships to
improve the preparation of general education teacher candidates to ensure that
such teacher candidates possess the knowledge, skills, and credentials necessary
to effectively instruct students with disabilities in general education classrooms,
and an understanding of positive behavior-management practices that reduce
the use of exclusionary and aversive disciplinary practices and create a sup-
portive school climate.
‘‘(2) DURATION OF GRANTS.—A grant under this subpart shall be awarded for
a period of not more than 5 years.
‘‘(3) NON-FEDERAL SHARE.—An eligible partnership that receives a grant
under this subpart shall provide not less than 25 percent of the cost of the ac-
tivities carried out with such grant from non-Federal sources, which may be
provided in cash or in-kind.
‘‘(d) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, the term ‘eligible
partnership’ means a partnership that—
‘‘(1) shall include—
‘‘(A) one or more departments or programs at an institution of higher
education—
‘‘(i) that prepare elementary or secondary general education teachers;
‘‘(ii) that have a program of study that leads to an undergraduate de-
gree, a master’s degree, or completion of a postbaccalaureate program
required for teacher certification; and
‘‘(iii) the profession-ready graduates of which meet the applicable
State certification and licensure requirements, including any require-
ments for certification obtained through alternative routes to certifi-
cation, or, with regard to special education teachers, the qualifications
described in section 612(a)(14)(C) of the Individuals with Disabilities
Education Act (20 U.S.C. 1412(a)(14)(C));
‘‘(B) a department or program that has expertise in special education at
an institution of higher education; and
‘‘(C) a high-need local educational agency; and
‘‘(2) may include—
‘‘(A) a department or program of mathematics, earth or physical science,
foreign language, or another department at the institution that has a role
in preparing teachers; or
‘‘(B) a non-profit, research-based organization.
‘‘(e) ACTIVITIES.—An eligible partnership that receives a grant under this sec-
tion—
‘‘(1) shall use the grant funds to—
‘‘(A) develop or strengthen an undergraduate, postbaccalaureate, or mas-
ter’s teacher preparation program by integrating special education peda-
gogy into the general education curriculum and academic content that re-
sults in applicable dual State certification for teacher candidates who com-
plete the program;
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‘‘(B) develop or strengthen an undergraduate, postbaccalaureate, or mas-
ter’s teacher preparation program by embedding social and emotional learn-
ing strategies, inclusive practices, culturally responsive teaching, and non-
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57
exclusionary, positive behavior-management practices into the general edu-
cation curriculum and academic content;
‘‘(C) provide teacher candidates participating in the program under sub-
paragraph (A) with skills related to—
‘‘(i) response to intervention, positive behavioral interventions and
supports (including eliminating the use of aversive interventions such
as seclusion and restraints), differentiated instruction, and data-driven
instruction (including the use of data to identify and address disparities
in rates of discipline among student subgroups);
‘‘(ii) universal design for learning;
‘‘(iii) determining and utilizing accommodations for instruction and
assessments for students with disabilities;
‘‘(iv) collaborating with stakeholders such as special educators, re-
lated services providers, out-of-school time providers, and parents, in-
cluding participation in individualized education program development
and implementation;
‘‘(v) appropriately utilizing technology and assistive technology for
students with disabilities; and
‘‘(vi) effectively and equitably using technology for digital and blend-
ed learning;
‘‘(D) provide teacher candidates participating in the program under sub-
paragraph (B) with skills related to—
‘‘(i) social and emotional learning competencies;
‘‘(ii) positive behavior interventions and supports or multitiered sys-
tems of support;
‘‘(iii) trauma-informed care;
‘‘(iv) evidenced-based restorative justice practices; and
‘‘(v) culturally responsive teaching and anti-bias training that is evi-
dence-based; and
‘‘(E) provide extensive clinical experience for participants described in
subparagraphs (A) and (B) with mentoring and induction support through-
out the program that continues during the first 2 years of full-time teach-
ing.
‘‘(f) APPLICATION.—
‘‘(1) APPLICATION REQUIREMENTS.—An eligible partnership seeking a grant
under this section shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may require.
Such application shall include—
‘‘(A) a self-assessment by the eligible partnership of the existing teacher
preparation program at the institution of higher education and needs re-
lated to preparing general education teacher candidates to instruct students
with disabilities; and
‘‘(B) an assessment of the existing personnel needs for general education
teachers who instruct students with disabilities, performed by the high-
need local educational agency described in subsection (d)(1)(C).
‘‘(2) PEER REVIEW.—
‘‘(A) IN GENERAL.—The Secretary shall convene a peer review committee
to review applications for grants under this subpart and to make rec-
ommendations to the Secretary regarding the selection of eligible partner-
ships for such grants.
‘‘(B) MEMBERSHIP.—Members of the peer review committee shall be recog-
nized experts in the fields of special education, social and emotional learn-
ing, teacher preparation, and general education and shall not be in a posi-
tion to benefit financially from any grants awarded under this section.
‘‘(g) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants under this sub-
part, the Secretary shall, to the maximum extent possible, provide for an equitable
geographic distribution of such grants.
‘‘(h) EVALUATIONS.—
‘‘(1) BY THE PARTNERSHIP.—
‘‘(A) IN GENERAL.—An eligible partnership receiving a grant under this
subpart shall conduct an evaluation at the end of the grant period to deter-
mine—
‘‘(i) the effectiveness of the general education teachers who completed
a program under subsection (c)(1) with respect to instruction of stu-
dents with disabilities in general education classrooms; and
‘‘(ii) the systemic impact of the activities carried out by such grant
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on how each institution of higher education that is a member of the
partnership prepares teachers for instruction in elementary schools and
secondary schools.
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‘‘(B) REPORT TO THE SECRETARY.—Each eligible partnership performing
an evaluation under subparagraph (A) shall report the findings of such
evaluation to the Secretary.
‘‘(2) REPORT BY THE SECRETARY.—Not later than 180 days after the last day
of the grant period for which an evaluation was conducted under paragraph (1),
the Secretary shall make available to the authorizing committees and the public
the findings of the evaluations submitted under paragraph (1), and information
on best practices related to effective instruction of students with disabilities in
general education classrooms.
‘‘Subpart 3—Preparing Teachers for English-Learner
Instruction
‘‘SEC. 251. TEACHING ENGLISH LEARNERS GRANT.
‘‘(a) AUTHORIZATION OF PROGRAM.—The Secretary shall award grants, on a com-
petitive basis, to eligible partnerships to improve the preparation of teacher can-
didates to ensure that such teacher candidates possess the knowledge and skills
necessary to effectively instruct English learners.
‘‘(b) DURATION OF GRANTS.—A grant under this section shall be awarded for a pe-
riod of not more than 5 years.
‘‘(c) NON-FEDERAL SHARE.—An eligible partnership that receives a grant under
this section shall provide not less than 25 percent of the cost of the activities carried
out with such grant from non-Federal sources, which may be provided in cash or
in kind.
‘‘(d) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an eligible in-
stitution of higher education in partnership with a high-need local educational agen-
cy or a high-need early childhood education program.
‘‘(e) USES OF FUNDS.—An eligible partnership that receives a grant under this sec-
tion shall use the grant to—
‘‘(1) develop or strengthen an undergraduate, postbaccalaureate, or master’s
teacher preparation program by integrating strategies for teaching English
learners into the education curriculum and academic content;
‘‘(2) provide teacher candidates participating in a program under paragraph
(1) with skills related to—
‘‘(A) helping English learners—
‘‘(i) achieve at high levels in prekindergarten programs, and elemen-
tary schools and secondary schools so that such English learners can
meet the challenging State academic standards adopted under section
1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1)) by the State of the school attended by the English
learners, which all children in the State are expected to meet; and
‘‘(ii) attain English proficiency;
‘‘(B) appropriately identifying and meeting the specific learning needs of
children with disabilities who are English learners;
‘‘(C) appropriately using universal design for learning;
‘‘(D) recognizing and addressing the social and emotional needs of English
learners; and
‘‘(E) promoting parental, family, and community engagement in edu-
cational programs that serve English learners;
‘‘(3) provide authentic clinical learning opportunities for teacher candidates
participating in the program involving sustained interactions with teachers and
English learners at public prekindergarten programs, or elementary schools or
secondary schools, to the extent practicable, or simulated environments at the
eligible institution of higher education involved, that foster in-depth, first-hand
engagement with tasks required of a teacher providing instruction to English
learners; and
‘‘(4) provide teacher candidates with the required coursework to qualify for an
English-as-a-second-language certification, endorsement, or initial teaching cre-
dential, as recognized by the State of the eligible partnership.
‘‘(f) APPLICATION.—An eligible partnership seeking a grant under this section shall
submit an application to the Secretary at such time, in such manner, and containing
such information as the Secretary may require. Such application shall include—
‘‘(1) a self-assessment by the eligible partnership of the existing teacher prep-
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aration program at the institution of higher education and the needs related to
preparing teacher candidates to instruct English learners in the manner de-
scribed in subsection (d)(2); and
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‘‘(2) a self-assessment by the eligible partnership of the personnel needs for
teachers who instruct English learners at local, public prekindergarten pro-
grams, and elementary schools and secondary schools.
‘‘(g) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In awarding grants under this sec-
tion, the Secretary shall, to the maximum extent possible, provide for an equitable
geographic distribution of such grants.
‘‘(h) EVALUATIONS.—
‘‘(1) REPORT FROM ELIGIBLE PARTNERSHIPS.—An eligible partnership receiving
a grant under this section shall submit to the Secretary the results of an eval-
uation conducted by the partnership at the end of the grant period to deter-
mine—
‘‘(A) the effectiveness of teachers who completed a program under sub-
section (d)(1) with respect to instruction of English learners; and
‘‘(B) the systemic impact of the activities carried out by such grant on
how such partnership prepares teachers to provide instruction in prekinder-
garten programs, and elementary schools and secondary schools.
‘‘(2) REPORT FROM THE SECRETARY.—Not later than 180 days after the last day
of the grant period under this section, the Secretary shall make available to the
authorizing committees and the public—
‘‘(A) the findings of the evaluations submitted under paragraph (1); and
‘‘(B) information on best practices related to effective instruction of
English learners.
‘‘Subpart 4—Graduate Fellowships To Prepare Faculty in
High-Need Areas at Colleges of Education
‘‘SEC. 261. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH-NEED AREAS AT COL-
LEGES OF EDUCATION.
‘‘(a) GRANTS BY SECRETARY.—From the amounts provided to carry out this sub-
part, the Secretary shall award grants, on a competitive basis, to eligible institu-
tions to enable such institutions to make graduate fellowship awards to qualified
individuals in accordance with the provisions of this section.
‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the term ‘eligible institution’ means
an institution of higher education, or a consortium of such institutions, that offers
a program of postbaccalaureate study leading to a doctoral degree.
‘‘(c) APPLICATIONS.—An eligible institution that desires a grant under this section
shall submit an application to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may reasonably require.
‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.—
‘‘(1) IN GENERAL.—An eligible institution that receives a grant under this sub-
part shall use the grant funds to provide graduate fellowships to individuals
who are preparing for the professorate in order to prepare individuals to become
elementary school and secondary school science, technology, engineering, and
math teachers, special education teachers, and teachers who provide instruction
for English-learners, who meet the applicable State certification and licensure
requirements, including any requirements for certification obtained through al-
ternative routes to certification, or, with regard to special education teachers,
the qualifications described in section 612(a)(14)(C) of the Individuals with Dis-
abilities Education Act (20 U.S.C. 1412(a)(14)(C)).
‘‘(2) TYPES OF STUDY.—A graduate fellowship provided under this section shall
support an individual in pursuing postbaccalaureate study, which leads to a
doctoral degree and may include a master’s degree as part of such study, related
to teacher preparation and pedagogy in one of the following areas:
‘‘(A) Science, technology, engineering, mathematics, and computer science,
and their related subfields, if the individual has completed a master’s de-
gree in mathematics, engineering, science, or computer science and is pur-
suing a doctoral degree in mathematics, science, engineering, or education.
‘‘(B) Special education.
‘‘(C) The instruction of English-learners, including postbaccalaureate
study in language instruction educational programs.
‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.—
‘‘(1) SELECTION OF FELLOWS.—The Secretary shall ensure that an eligible in-
stitution that receives a grant under this subpart—
‘‘(A) shall provide graduate fellowship awards to individuals who plan to
pursue a career in instruction at an institution of higher education that has
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a teacher preparation program; and
‘‘(B) may not provide a graduate fellowship to an otherwise eligible indi-
vidual—
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60
‘‘(i) during periods in which such individual is enrolled at an institu-
tion of higher education unless such individual is maintaining satisfac-
tory academic progress in, and devoting full-time study or research to,
the pursuit of the degree for which the fellowship support was pro-
vided; or
‘‘(ii) if the individual is engaged in gainful employment, other than
part-time employment related to teaching, research, or a similar activ-
ity determined by the institution to be consistent with and supportive
of the individual’s progress toward the degree for which the fellowship
support was provided.
‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.—
‘‘(A) IN GENERAL.—An eligible institution that receives a grant under this
subpart shall award stipends to individuals who are provided graduate fel-
lowships under this subpart.
‘‘(B) AWARDS BASED ON NEED.—A stipend provided under this subpart
shall be in an amount equal to the level of support provided by the National
Science Foundation graduate fellowships, except that such stipend shall be
adjusted as necessary so as not to exceed the fellowship recipient’s dem-
onstrated need, as determined by the institution of higher education where
the fellowship recipient is enrolled.
‘‘(3) SERVICE REQUIREMENT.—
‘‘(A) TEACHING REQUIRED.—Each individual who receives a graduate fel-
lowship under this subpart and earns a doctoral degree shall teach for 1
year at an institution of higher education that has a teacher preparation
program for each year of fellowship support received under this section.
‘‘(B) INSTITUTIONAL OBLIGATION.—Each eligible institution that receives a
grant under this subpart shall provide an assurance to the Secretary that
the institution has inquired of and determined the decision of each indi-
vidual who has received a graduate fellowship to, within 3 years of receiv-
ing a doctoral degree, begin employment at an institution of higher edu-
cation that has a teacher preparation program, as required by this section.
‘‘(C) AGREEMENT REQUIRED.—Prior to receiving an initial graduate fellow-
ship award, and upon the annual renewal of the graduate fellowship award,
an individual selected to receive a graduate fellowship under this section
shall sign an agreement with the Secretary agreeing to pursue a career in
instruction at an institution of higher education that has a teacher prepara-
tion program in accordance with subparagraph (A).
‘‘(D) FAILURE TO COMPLY.—If an individual who receives a graduate fel-
lowship award under this section fails to comply with the agreement signed
pursuant to subparagraph (C), the sum of the amounts of any graduate fel-
lowship award received by such recipient shall, upon a determination of
such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan
under part D of title IV, and shall be subject to repayment, together with
interest thereon accruing from the date of the fellowship award, in accord-
ance with terms and conditions specified by the Secretary in regulations
under this subpart.
‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary may waive or mod-
ify the service requirement of this paragraph in accordance with regulations
promulgated by the Secretary with respect to the criteria to determine the
circumstances under which compliance with such service requirement is in-
equitable or represents a substantial hardship. The Secretary may waive
the service requirement if compliance by the fellowship recipient is deter-
mined to be inequitable or represent a substantial hardship—
‘‘(i) because the individual is permanently and totally disabled at the
time of the waiver request; or
‘‘(ii) based on documentation presented to the Secretary of substan-
tial economic or personal hardship.
‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eligible institution that receives
a grant under this section may reserve not more than ten percent of the grant
amount for academic and career transition support for graduate fellowship recipi-
ents and for meeting the institutional obligation described in subsection (e)(3)(B).
‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible institution that receives a grant
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under this section may not use grant funds for general operational overhead of the
institution.
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61
‘‘Subpart 5—General Provisions
‘‘SEC. 281. COMPETITIVE PRIORITY.
‘‘In awarding grants under subparts 1 through 4, the Secretary shall award com-
petitive priority to eligible institutions, eligible partnerships, and eligible entities
that demonstrate in the application for such a grant a plan to—
‘‘(1) increase the diversity in the educator workforce through—
‘‘(A) recruiting, enrolling, and preparing diverse teacher candidates; and
‘‘(B) efforts that help retain diverse teacher candidates in high-needs
schools;
‘‘(2) address the shortage of teachers in high-needs fields including science,
technology, engineering, arts, mathematics, or computer science through—
‘‘(A) recruiting, enrolling, and preparing teacher candidates to achieve
certification, as required by the State, to offer instruction in high-needs
fields, including science, technology, engineering, music, arts, mathematics,
or computer science; and
‘‘(B) efforts that help retain teachers of high-needs fields in high-needs
schools;
‘‘(3) expand the pipeline of school leaders through preparing teacher leaders,
which may be achieved by efforts that may include—
‘‘(A) embedding pedagogical coursework for teacher candidates that fos-
ters—
‘‘(i) leadership and advocacy skills;
‘‘(ii) knowledge of school management and finance;
‘‘(iii) school operations and business skills;
‘‘(iv) effective use and management of educational and accessible
technology;
‘‘(v) strategies for community and family engagement; and
‘‘(vi) mentorship and coaching strategies; and
‘‘(B) providing opportunities for teacher candidates to receive—
‘‘(i) exposure to and modeling from teacher leaders and school lead-
ers; and
‘‘(ii) ongoing support and continuation of professional development on
teacher or other school leadership once exiting the teacher or other
school leader preparation program; and
‘‘(4) recruit candidates with significant cultural and community competency
related to the demographics of the student body in which the candidate will re-
ceive a placement, as measured by standards, specified in the plan, which may
include—
‘‘(A) a candidate’s prior record of community service with school-aged chil-
dren in the community;
‘‘(B) nominations from members of the community; and
‘‘(C) a candidate’s involvement in relevant community organizations.’’.
TITLE III—INSTITUTIONAL AID
SEC. 3001. STRENGTHENING INSTITUTIONS.
Section 311(c) of the Higher Education Act of 1965 (20 U.S.C. 1057(c)) is amend-
ed—
(1) by striking paragraph (6) and inserting the following:
‘‘(6) Tutoring, counseling, advising, and student service programs designed to
improve academic success, including innovative and customized instructional
courses (which may include remedial education and English language instruc-
tion) designed to help retain students and move the students rapidly into core
courses and through program completion.’’;
(2) in paragraph (8), by striking ‘‘acquisition of equipment for use in strength-
ening funds management’’ and inserting ‘‘acquisition of technology, services, and
equipment for use in strengthening funds and administrative management’’;
(3) in paragraph (12), by striking ‘‘Creating’’ and all that follows through
‘‘technologies,’’ and inserting ‘‘Innovative learning models and creating or im-
proving facilities for Internet or other innovative technologies,’’;
(4) by redesignating paragraph (13) as paragraph (17); and
(5) by inserting after paragraph (12) the following:
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‘‘(13) Establishing community outreach programs that will encourage elemen-
tary school and secondary school students to develop the academic skills and
the interest to pursue postsecondary education.
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62
‘‘(14) The development, coordination, implementation, or improvement of post-
secondary career and technical education programs as defined in section 135 of
the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2355).
‘‘(15) Alignment and integration of career and technical education programs
with programs of study, as defined in section 3(41) of the Carl D. Perkins Ca-
reer and Technical Education Act (20 U.S.C. 2302(41)), leading to a bachelor’s
degree, graduate degree, or professional degree.
‘‘(16) Developing or expanding access to dual or concurrent enrollment pro-
grams and early college high school programs.’’.
SEC. 3002. STRENGTHENING INSTITUTIONS.
(a) PROGRAM PURPOSE.—Section 311(d) of the Higher Education Act of 1965 (20
U.S.C. 1057(d)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘non-Federal sources’’ and inserting ‘‘non-Federal sources
(which may include gifts to the endowment fund restricted for a specific
purpose)’’; and
(B) by striking ‘‘or greater than’’ and inserting ‘‘50 percent of’’; and
(2) by inserting after paragraph (3) the following:
‘‘(4) SCHOLARSHIP.—An eligible institution that uses grant funds provided
under this section to establish or increase an endowment fund may use the in-
terest proceeds from such endowment to provide scholarships to students for the
purposes of attending such institution.’’.
(b) TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES.—Section 316(c) of the
Higher Education Act of 1965 (20 U.S.C. 1059c(c)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (D), by striking ‘‘Indians’’ and all that follows
through ‘‘policy’’ and inserting ‘‘American Indians and Alaska Natives are
underrepresented, instruction in Native American language, and instruc-
tion to support tribal governance, tribal public policy, and tribal history and
sovereignty’’ and
(B) in subparagraph (L) by striking ‘‘outreach’’ and all that follows
through ‘‘education’’ and inserting ‘‘outreach and recruitment activities and
programs that encourage American Indian and Alaska Native elementary
school students, secondary school students, and adults to develop the aca-
demic skills and the interest to pursue and succeed in postsecondary edu-
cation’’; and
(2) in paragraph (3)—
(A) in subparagraph (B)—
(i) by striking ‘‘matching funds’’ and inserting ‘‘matching funds
(which may include gifts to the endowment fund restricted for a specific
purpose)’’; and
(ii) by striking ‘‘equal to the Federal funds’’ and inserting ‘‘equal to
50 percent of the Federal funds’’; and
(B) by inserting after subparagraph (C) the following:
‘‘(D) SCHOLARSHIPS.—An eligible institution that uses grant funds pro-
vided under this section to establish or increase an endowment fund may
use the interest proceeds from such endowment to provide scholarships to
students for the purposes of attending such institution.’’.
(c) ELIMINATION OF PRE-APPROVAL REQUIREMENT; USE OF UNEXPENDED FUNDS.—
Section 316(d) of the Higher Education Act of 1965 (20 U.S.C. 1059c(d)) is amend-
ed—
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3),
respectively; and
(3) in paragraph (2), as so redesignated, by adding at the end the following:
‘‘(C) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution and
not expended or used for the purposes for which the funds were paid during
the 5-year period following the date of the initial grant award, may be car-
ried over and expended during the succeeding 5-year period, if such funds
were obligated for a purpose for which the funds were paid during the 5-
year period following the date of the initial grant award.’’.
(d) PROMOTING THE SUSTAINABILITY OF NATIVE AMERICAN LANGUAGES.—Part A of
title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is further
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amended by inserting after section 316 (20 U.S.C. 1059c) the following:
‘‘SEC. 316A. NATIVE AMERICAN LANGUAGE VITALIZATION AND TRAINING PROGRAM.
‘‘(a) ESTABLISHMENT.—
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63
‘‘(1) IN GENERAL.—From the amount appropriated under subsection (d), the
Secretary shall establish the Native American Language Vitalization and Train-
ing Program under which the Secretary shall award grants, on a competitive
basis, to eligible institutions to promote the preservation, revitalization, rel-
evancy, and use of Native American languages.
‘‘(2) TERM.—The term of a grant under this section shall be not more than
5 years.
‘‘(3) APPLICATION.—
‘‘(A) STREAMLINED PROCESS.—In carrying out the program under this sec-
tion, the Secretary shall establish application requirements in such a man-
ner as to simplify and streamline the process for the grant application
under this section.
‘‘(B) IN GENERAL.—To be eligible to receive a grant under this subsection,
an eligible institution shall submit to the Secretary an application at such
time, in such manner, and in accordance with any other application re-
quirements described in subparagraph (A), that the Secretary may pre-
scribe, and including the following:
‘‘(i) A description of the 5-year program of the eligible institution for
meeting the needs of American Indians, Alaska Natives, Native Hawai-
ians, or Native American Pacific Islanders, as appropriate, in the area
served by the institution, and how such plan is consistent with the pur-
poses described in paragraph (1).
‘‘(ii)(I) An identification of the population to be served by the eligible
institution; and
‘‘(II) an identification of the status of Native American language un-
derstanding and use within that population and a description of the
manner in which the program will help preserve and revitalize the rel-
evant Native American language.
‘‘(iii) A description of the services to be provided under the program,
including the manner in which the services will be integrated with
other appropriate language programs available in the relevant commu-
nity.
‘‘(iv) A description, to be prepared in consultation with the Secretary,
of the performance measures to be used to assess the performance of
the eligible institution in carrying out the program.
‘‘(b) USE OF FUNDS.—An eligible institution may use a grant under this section
to carry out activities consistent with the purposes described in subsection (a)(1),
including—
‘‘(1) curriculum development and academic instruction, including educational
activities, programs, and partnerships relating to students in early childhood
education programs through grade 12;
‘‘(2) professional development for faculty at the eligible institution and in-
service training programs for early childhood education programs through grade
12 instructors and administrators; and
‘‘(3) innovative Native American language programs for students in early
childhood education programs through grade 12, including language immersion
programs.
‘‘(c) APPLICABILITY OF OTHER PROVISIONS.—
‘‘(1) CONCURRENT FUNDING.—
‘‘(A) TRIBAL COLLEGE OR UNIVERSITY.—An eligible institution that is a
Tribal College or University may, concurrently, receive a grant under this
section and funds under section 316.
‘‘(B) ALASKA NATIVE-SERVING INSTITUTION OR NATIVE HAWAIIAN-SERVING
INSTITUTION.—An eligible institution that is an Alaska Native-serving insti-
tution or Native Hawaiian-serving institution may, concurrently, receive a
grant under this section and funds under section 317.
‘‘(C) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING
INSTITUTION.—An eligible institution that is an Asian American and Native
American Pacific Islander-serving institution may, concurrently, receive a
grant under this section and funds under section 320.
‘‘(2) EXEMPTION.—Sections 312(b) and 313(d) shall not apply to an eligible in-
stitution that receives a grant under this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appro-
priated to carry out this section $20,000,000 (of which $15,000,000 shall be available
for Tribal Colleges or Universities and $5,000,000 shall be available for the institu-
tions described in subparagraphs (B) through (D) of subsection (e)(1)) for fiscal year
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2021 and each of the 5 succeeding fiscal years.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means—
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64
‘‘(A) a Tribal College or University, as defined in section 316;
‘‘(B) an Alaska Native-serving institution, as defined in section 317;
‘‘(C) a Native Hawaiian-serving institution, as defined in section 317; or
‘‘(D) an Asian American and Native American Pacific Islander-serving in-
stitution, as defined in section 320, which is located in American Samoa,
Guam, or the Commonwealth of the Northern Mariana Islands.
‘‘(2) NATIVE AMERICAN.—The term ‘Native American’ has the meaning given
the term in section 371(c)(6).’’.
(e) PREDOMINANTLY BLACK INSTITUTIONS.—Section 318(d)(3) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e(d)(3)) is amended—
(1) in subparagraph (B)—
(A) by striking ‘‘non-Federal sources’’ and inserting ‘‘non-Federal sources
(which may include gifts to the endowment fund restricted for a specific
purpose)’’; and
(B) by striking ‘‘equal to or greater than the Federal funds’’ and inserting
‘‘equal to 50 percent of the Federal funds’’; and
(2) by inserting after subparagraph (C) the following:
‘‘(D) SCHOLARSHIPS.—An eligible institution that uses grant funds pro-
vided under this section to establish or increase an endowment fund may
use the interest proceeds from such endowment to provide scholarships to
students for the purposes of attending such institution.’’.
(f) TECHNICAL CORRECTION TO SECTION 317.— Section 317(d)(3)(A) of the Higher
Education Act of 1965 (20 U.S.C.1059d(d)(3)(A) is amended to read as follows:
‘‘(A) ELIGIBILITY.—No Alaskan Native-serving institution of Native Ha-
waiian-serving institution that receives funds under this section shall con-
currently receive funds under other provisions of this part, part B, or part
A of title V.’’.
(g) TECHNICAL CORRECTION TO SECTION 318.—Section 318(i) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1059e) is amended—
(1) in the subsection heading, by striking ‘‘SPECIAL RULE ON ELIGIBILITY’’ and
inserting ‘‘SPECIAL RULES’’ ;
(2) by striking ‘‘No Predominantly’’ and inserting the following:
‘‘(1) ELIGIBILITY.—No Predominantly’’; and
(3) by adding at the end the following:
‘‘(2) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligi-
ble to receive funds under this section.’’.
(h) TECHNICAL CORRECTION TO SECTION 320.—Section 320(d)(3)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(d)(3)(A)) is amended by inserting ‘‘part A
of’’ after ‘‘or’’.
SEC. 3003. STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.
(a) ALLOWABLE USES OF FUNDS.—Section 323(a) of the Higher Education Act of
1965 (20 U.S.C. 1062(a)) is amended—
(1) by striking paragraphs (6) and (7) and inserting the following:
‘‘(6) Tutoring, counseling, advising, and student service programs designed to
improve academic success, including innovative and customized instructional
courses (which may include remedial education and English language instruc-
tion) designed to help retain students and move students rapidly into core
courses and through program completion.
‘‘(7) Funds and administrative management, and acquisition of technology,
services, and equipment for use in strengthening funds and administrative
management.’’;
(2) in paragraph (10)—
(A) by striking ‘‘teacher education’’ and inserting ‘‘traditional or alter-
native route teacher preparation’’; and
(B) by striking ‘‘preparation for teacher certification’’ and inserting ‘‘prep-
aration of graduates for teacher certification or licensure’’;
(3) by redesignating paragraph (15) as paragraph (19); and
(4) by inserting after paragraph (14) the following:
‘‘(15) Distance education programs and creating or improving facilities for
internet or other distance learning academic instruction capabilities, including
the purchase or rental of telecommunications technology equipment or services.
‘‘(16) Establishing or improving a program that produces improved results in
the educational outcomes of African American males.
‘‘(17) Scholarships, fellowships, and other financial assistance for financially
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needy undergraduate students, as determined by the institution, to permit the
enrollment and degree completion of such students in the physical or natural
sciences, engineering, mathematics or other scientific disciplines in which Afri-
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can Americas are underrepresented, except that not more than 30 percent of the
grant amount may be used for this purpose.
‘‘(18) Establishing or improving an office of sponsored programs to assist with
identifying external funding opportunities, applying for external funding, and
administering grant awards.’’.
(b) HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.—Section 323(b) of the
Higher Education Act of 1965 (20 U.S.C. 1062(b)) is amended—
(1) in paragraph (2)—
(A) by striking ‘‘non-Federal sources’’ and inserting ‘‘non-Federal sources
(which may include gifts to the endowment fund restricted for a specific
purpose)’’; and
(B) by striking ‘‘equal to or greater than the Federal funds’’ and inserting
‘‘equal to 50 percent of the Federal funds’’; and
(2) by inserting after paragraph (3) the following:
‘‘(4) SCHOLARSHIPS.—An eligible institution that uses grant funds provided
under this section to establish or increase an endowment fund may use the in-
terest proceeds from such endowment to provide scholarships to students for the
purposes of attending such institution.’’.
(c) ALLOTMENTS AND APPLICATION PROCESS.—
(1) ALLOTMENTS.—Section 324 of the Higher Education Act of 1965 (20 U.S.C.
1063) is amended—
(A) in subsection (c), by striking ‘‘5’’ and inserting ‘‘6’’;
(B) in subsection (d)(1), by striking subparagraphs (A) and (B) and insert-
ing the following:
‘‘(A) less than $500,000 for a part B institution which has received a grant
under this part, the Secretary shall award the part B institution an allotment
in the amount of $500,000; and
‘‘(B) less than $250,000 for a part B institution which has not received a grant
under this part for a fiscal year prior to fiscal year 2019, the Secretary shall
award the part B institution an allotment in the amount of $250,000.’’; and
(C) in subsection (h)—
(i) in paragraphs (1)(C) and (2)(C), by striking ‘‘within 5 years’’ each
time it appears and inserting ‘‘within 6 years’’; and
(ii) by adding at the end the following:
‘‘(3) LIMITATION FOR NEW INSTITUTIONS.—Notwithstanding any other provision
of this section, no part B institution that would otherwise be eligible for funds
under this part shall receive an allotment under this part for a fiscal year, un-
less—
‘‘(A) such institution received an allotment under this part for fiscal year
2019; or
‘‘(B) the amount appropriated under section 399(a)(2)(A) for such fiscal
year is not less than $282,420,000.’’.
(2) APPLICATIONS.—Section 325(c) of the Higher Education Act of 1965 (20
U.S.C. 1063a(c)) is amended by inserting ‘‘, including goals to enhance student
retention, graduation, and postgraduate outcomes,’’ after ‘‘management and aca-
demic programs’’.
(d) PROFESSIONAL OR GRADUATE INSTITUTIONS.—Section 326(c) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1063b(c)) is amended—
(1) in paragraph (7)—
(A) by striking ‘‘equipment,’’ and inserting ‘‘equipment, technology, and
services,’’; and
(B) by inserting ‘‘and administrative’’ after ‘‘in strengthening funds’’;
(2) by redesignating paragraph (12) as paragraph (13); and
(3) by striking paragraph (11) and inserting the following:
‘‘(11) tutoring, counseling, advising, and student service programs designed to
improve academic success, including innovative and customized instructional
courses (which may include remedial education and English language instruc-
tion) designed to help retain students and move students rapidly into core
courses and through program completion; and
‘‘(12) distance education programs and creating or improving facilities for
internet or other distance learning academic instruction capabilities, including
the purchase or rental of telecommunications technology equipment or services;
and’’.
(e) ELIGIBILITY.—Section 326(e)(1) of the Higher Education Act of 1965 (20 U.S.C.
1063b(e)) is amended—
(1) in subparagraph (W), by striking ‘‘and’’ at the end;
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(2) in subparagraph (X), by striking the period at the end and inserting ‘‘;
and’’; and
(3) by adding at the end the following:
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66
‘‘(Y) University of the Virgin Islands School of Medicine.’’.
(f) CONFORMING AMENDMENT.—Section 326(f) of the Higher Education Act of 1965
(20 U.S.C. 1063b(f)) is amended by striking ‘‘through (X)’’ both places it appears and
inserting ‘‘through (Y)’’.
(g) INTERACTION WITH OTHER GRANT PROGRAMS.—Section 326(h) of the Higher
Education Act of 1965 (20 U.S.C. 1063b(h)) is amended by striking ‘‘or 724’’ and in-
serting ‘‘724, 727, or 729’’.
SEC. 3004. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL FINANCING.
(a) BOND INSURANCE AND CAPITAL FINANCE OF STEM FACILITIES.—Section 343 of
the Higher Education Act of 1965 (20 U.S.C. 1066b) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘an escrow account’’ and inserting ‘‘a
bond insurance fund’’;
(B) in paragraph (3), by inserting ‘‘(except that loans for the purpose of
science, technology, engineering, or mathematics related academic facilities
shall carry not more than a 1 percent rate of interest)’’ after ‘‘charge such
interest on loans’’;
(C) in paragraph (8)—
(i) in the matter preceding subparagraph (A), by striking ‘‘an escrow
account’’ and inserting ‘‘a bond insurance fund’’; and
(ii) in subparagraph (A), by striking ‘‘the escrow account’’ and insert-
ing ‘‘the bond insurance fund’’;
(D) in paragraph (9), by striking ‘‘escrow account’’ each place it appears
and inserting ‘‘bond insurance fund’’; and
(E) in paragraph (12), by striking ‘‘, except as otherwise required by the
Secretary’’; and
(2) in subsection (c), by striking ‘‘escrow account’’ each place it appears and
inserting ‘‘bond insurance fund’’.
(b) INCREASED AGGREGATE BOND LIMIT.—Section 344(a) of the Higher Education
Act of 1965 (20 U.S.C. 1066c(a)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘$1,100,000,000’’ and
inserting ‘‘$3,600,000,000’’;
(2) in paragraph (1), by striking ‘‘$733,333,333’’ and inserting ‘‘two-thirds’’;
and
(3) in paragraph (2), by striking ‘‘$366,666,667’’ and inserting ‘‘one-third’’.
(c) STRENGTHENING TECHNICAL ASSISTANCE.—Section 345 of the Higher Education
Act of 1965 (20 U.S.C. 1066d) is amended—
(1) by striking paragraph (9) and inserting the following:
‘‘(9) may, directly or by grant or contract, provide financial counseling and
technical assistance to eligible institutions to prepare the institutions to qualify,
apply for, and maintain a capital improvement loan, including a loan under this
part; and’’; and
(2) by striking paragraph (10) and inserting the following:
‘‘(10) may provide for the modification or deferment of a loan made under this
part based on need of the institution, as defined by the Secretary, for a period
not to exceed 6 fiscal years, and, during the period of deferment of such a loan,
interest on the loan will not accrue or be capitalized.’’.
(d) HBCU CAPITAL FINANCING ADVISORY BOARD.—Paragraph (2) of Section 347(c)
of the Higher Education Act of 1965 (20 U.S.C. 1066f(c)) is amended to read as fol-
lows:
‘‘(2) REPORT.—On an annual basis, the Advisory Board shall prepare and sub-
mit to the authorizing committees a report on—
‘‘(A) the financial status of the historically Black colleges and universities
described in paragraph (1)(A);
‘‘(B) an overview of all loans awarded under the program under this part,
including the most recent loans awarded for the fiscal year in which the re-
port is submitted; and
‘‘(C) administrative and legislative recommendations for addressing the
issues related to construction financing facing historically Black colleges
and universities.’’.
SEC. 3005. STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
OTHER MINORITY-SERVING INSTITUTIONS.
Section 371(b) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)) is amend-
ed—
(1) in paragraph (1)(A)—
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(A) in the first sentence, by striking ‘‘appropriated,’’ and all that follows
through ‘‘2019’’ and inserting the following: ‘‘appropriated, $300,000,000 for
fiscal year 2021 and each succeeding fiscal year’’; and
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(B) by striking the second sentence; and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) in clause (i), by striking ‘‘$100,000,000’’ and inserting
‘‘$117,500,000’’;
(ii) in clause (ii), by striking ‘‘$100,000,000’’ and inserting
‘‘$99,875,000’’;
(iii) in clause (ii), by striking ‘‘and’’ at the end;
(iv) in clause (iii)—
(I) by striking ‘‘$55,000,000’’ and inserting ‘‘$65,000,000’’; and
(II) by striking ‘‘(D)’’ and inserting ‘‘(E)’’;
(v) by redesignating clause (iii) as clause (iv); and
(vi) by inserting after clause (ii) the following:
‘‘(iii) $17,625,000 shall be available for allocation under subparagraph
(D); and’’;
(B) by redesignating subparagraph (D) as subparagraph (E) and—
(i) in clause (i), by striking ‘‘$30,000,000’’ each place it appears and
inserting ‘‘$35,000,000’’;
(ii) in clause (ii), by striking ‘‘$15,000,000’’ each place it appears and
inserting ‘‘$18,000,000’’; and
(iii) in clauses (iii) and (iv), by striking ‘‘$5,000,000’’ each place it ap-
pears and inserting ‘‘$6,000,000’’; and
(C) by striking subparagraph (C) and inserting the following:
‘‘(C) ALLOCATION AND ALLOTMENT HBCUS.—The amount made available
for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal
year shall be available to eligible institutions described in subsection (a)(1)
and shall be made available as grants under section 323 and allotted
among such institutions under section 324, treating such amount, plus the
amount appropriated for such fiscal year in a regular or supplemental ap-
propriation Act to carry out part B of this title, as the amount appropriated
to carry out part B of this title for purposes of allotments under section 324,
for use by such institutions with a priority for—
‘‘(i) activities described in paragraphs (1), (2), (4), (5), and (10) of sec-
tion 323(a); and
‘‘(ii) other activities, consistent with the institution’s comprehensive
plan and designed to increase the institution’s capacity to prepare stu-
dents for careers in the physical or natural sciences, mathematics, com-
puter science or information technology or sciences, engineering, lan-
guage instruction in the less-commonly taught languages or inter-
national affairs, or nursing or allied health professions.
‘‘(D) ALLOCATION AND ALLOTMENT PBIS.—The amount made available for
allocation under this subparagraph by subparagraph (A)(iii) for any fiscal
year shall be available to eligible institutions described in subsection (a)(5)
and shall be available for a competitive grant program to award grants of
$600,000 annually for programs in any of the following areas:
‘‘(i) science, technology, engineering, or mathematics (STEM);
‘‘(ii) health education;
‘‘(iii) internationalization or globalization;
‘‘(iv) teacher preparation; or
‘‘(v) improving educational outcomes of African American males.’’.
SEC. 3006. GENERAL PROVISIONS.
Section 399(a) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)) is amend-
ed—
(1) by striking ‘‘2009’’ each place it appears and inserting ‘‘2021’’;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘$135,000,000’’ and inserting
‘‘$150,000,000’’;
(B) in subparagraph (B), by striking ‘‘$30,000,000’’ and inserting
‘‘$45,000,000’’;
(C) in subparagraph (C), by striking ‘‘$15,000,000’’ and inserting
‘‘$25,000,000’’;
(D) in subparagraph (D), by striking ‘‘$75,000,000’’ and inserting
‘‘$90,000,000’’;
(E) in subparagraph (E), by striking ‘‘$25,000,000’’ and inserting
‘‘$30,000,000’’; and
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(F) in subparagraph (F), by striking ‘‘$30,000,000’’ and inserting
‘‘$60,000,000’’;
(3) in paragraph (2)—
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(A) in subparagraph (A), by striking ‘‘$375,000,000’’ and inserting
‘‘$400,000,000’’; and
(B) in subparagraph (B), by striking ‘‘$125,000,000’’ and inserting
‘‘$135,000,000’’;
(4) in paragraph (3), by striking ‘‘$10,000,000’’ and inserting ‘‘$220,000,000’’;
and
(5) in paragraph (4)(A), by striking ‘‘$185,000’’ and inserting ‘‘$225,000’’.
TITLE IV—STUDENT ASSISTANCE
SEC. 4001. EFFECTIVE DATE.
Except as otherwise provided in this title or the amendments made by this title,
this title and the amendments made by this title shall take effect on July 1, 2021.
PART A—GRANTS TO STUDENTS IN ATTENDANCE AT
INSTITUTIONS OF HIGHER EDUCATION
Subpart 1—Federal Pell Grants
SEC. 4011. AMOUNT OF GRANTS.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘through fiscal year 2017’’; and
(B) by inserting ‘‘or as a postbaccalaureate in accordance with subsection
(c)(1)(B)’’ after ‘‘as an undergraduate’’;
(2) in subsection (b)—
(A) in paragraph (2)(A)(ii), by striking ‘‘paragraph (7)(B)’’ and inserting
‘‘paragraph (6)(B)’’;
(B) by striking paragraph (6), and redesignating paragraph (7) as para-
graph (6); and
(C) in paragraph (6)(C) (as so redesignated), by amending clause (iii) to
read as follows:
‘‘(iii) SUBSEQUENT AWARD YEARS.—
‘‘(I) AWARD YEARS 2018–2019, 2019–2020 AND 2020–2021.—For each of
the award years 2018–2019, 2019–2020, and 2020–2021 the
amount determined under this subparagraph for purposes of sub-
paragraph (B)(iii) shall be equal to the amount determined under
clause (ii) for award year 2017–2018.
‘‘(II) AWARD YEAR 2021–2022.—For award year 2021–2022, the
amount determined under this subparagraph for purposes of sub-
paragraph (B)(iii) shall be equal to—
‘‘(aa) $6,195 or the total maximum Federal Pell Grant for the
preceding award year (as determined under clause (iv)(II)),
whichever is greater, increased by $625; reduced by
‘‘(bb) $5,135 or the maximum Federal Pell Grant for which
a student was eligible for the preceding award year, as speci-
fied in the last enacted appropriation Act applicable to that
year, whichever is greater, and
‘‘(cc) rounded to the neared $5.
‘‘(III) AWARD YEAR 2022–2023 AND EACH SUBSEQUENT AWARD
YEAR.—For award year 2022–2023 and each subsequent award
year, the amount determined under this subparagraph for purposes
of subparagraph (B)(iii) shall be equal to—
‘‘(aa) $6,820 or the total maximum Federal Pell Grant for the
preceding award year (as determined under clause (iv)(II)),
whichever is greater, increased by a percentage equal to the
annual adjustment percentage for the award year for which
the amount under this subparagraph is being determined; re-
duced by
‘‘(bb) $5,135 or the maximum Federal Pell Grant for which
a student was eligible for the preceding award year, as speci-
fied in the last enacted appropriation Act applicable to that
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year, whichever is greater; and
‘‘(cc) rounded to the nearest $5.’’;
(3) in subsection (f)—
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69
(A) in paragraph (1), by striking the matter preceding subparagraph (A)
and inserting the following: ‘‘After receiving an application for a Federal
Pell Grant under this subpart, the Secretary (including any contractor of
the Secretary processing applications for Federal Pell Grants under this
subpart) shall, in a timely manner, furnish to the student financial aid ad-
ministrator at each institution of higher education that a student awarded
a Federal Pell Grant under this subpart is attending, the expected family
contribution for each such student. Each such student financial adminis-
trator shall—’’; and
(B) in paragraph (3), by striking ‘‘after academic year 1986–1987’’; and
(4) in subsection (j)—
(A) in paragraph (1) by inserting before the period the following: ‘‘, or if
such institution of higher education is subject to an ineligibility determina-
tion under section 435(a)(9) or 493I(b)’’; and
(B) in paragraph (2) by inserting ‘‘, final adjusted cohort default rate, or
on-time repayment rate’’ before ‘‘determination’’.
SEC. 4012. GRANT ELIGIBILITY.
Section 401(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a(c)) is amend-
ed—
(1) by amending paragraph (1) to read as follows:
‘‘(1) PERIOD OF ELIGIBILITY FOR GRANTS.—The period during which a student
may receive Federal Pell Grants shall be the period required for the completion
of the first undergraduate baccalaureate course of study being pursued by that
student at the institution at which the student is in attendance except that—
‘‘(A) any period during which the student is enrolled in a noncredit or re-
medial course of study as defined in paragraph (2) shall not be counted for
the purpose of this paragraph; and
‘‘(B) the period during which a student may receive Federal Pell Grants
shall also include the period required for the completion of the first
postbaccalaureate course of study at an eligible institution that meets the
definition of institution of higher education in section 101, in a case in
which—
‘‘(i) the student received a Federal Pell Grant during the period re-
quired for the completion of the student’s first undergraduate bacca-
laureate course of study for fewer than 14 semesters, or the equivalent
of fewer than 14 semesters, as determined under paragraph (5);
‘‘(ii) the student would otherwise be eligible for a Federal Pell Grant,
but for the completion of such baccalaureate course of study; and
‘‘(iii) the period during which the student receives Federal Pell
Grants does not exceed the student’s duration limits under paragraph
(5).’’; and
(2) in paragraph (5)—
(A) by striking ‘‘(5) The period’’ and inserting the following: ‘‘(5) MAXIMUM
PERIOD.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the period’’;
(B) by striking ‘‘12’’ each place the term appears and inserting ‘‘14’’; and
(C) by adding at the end the following:
‘‘(B) EXCEPTION.—
‘‘(i) IN GENERAL.—Any Federal Pell Grant that a student received
during a period described in subclause (I) or (II) of clause (ii) shall not
count toward the student’s duration limits under this paragraph.
‘‘(ii) APPLICABLE PERIODS.—Clause (i) shall apply with respect to any
Federal Pell Grant awarded to a student to attend an institution—
‘‘(I) during a period—
‘‘(aa) for which the student received a loan under this title;
and
‘‘(bb) for which the loan described in item (aa) is forgiven
under—
‘‘(AA) section 437(c)(1) or 464(g)(1) due to the closing of
the institution;
‘‘(BB) section 493H due to the student’s successful asser-
tion of a defense to repayment of the loan; or
‘‘(CC) section 432(a)(6), section 685.215 of title 34, Code
of Federal Regulations (or a successor regulation), or any
other loan forgiveness provision or regulation under this
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Act, as a result of a determination by the Secretary or a
court that the institution committed fraud or other mis-
conduct; or
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‘‘(II) during a period for which the student did not receive a loan
under this title but for which, if the student had received such a
loan, the student would have qualified for loan forgiveness under
subclause (I)(bb).’’.
SEC. 4013. EXTENDING FEDERAL PELL GRANT ELIGIBILITY OF CERTAIN SHORT-TERM PRO-
GRAMS.
(a) IN GENERAL.—Section 401 of the Higher Education Act of 1965 (20 U.S.C.
1070a) is amended by inserting after subsection (j) the following:
‘‘(k) JOB TRAINING FEDERAL PELL GRANT PROGRAM.—
‘‘(1) IN GENERAL.—For the award year beginning on July 1, 2021, and each
subsequent award year, the Secretary shall carry out a program through which
the Secretary shall award job training Federal Pell Grants to students in eligi-
ble job training programs approved by the Secretary in accordance with para-
graph (4).
‘‘(2) TERMS AND CONDITIONS.—Each job training Federal Pell Grant awarded
under this subsection shall have the same terms and conditions, and be award-
ed in the same manner, as a Federal Pell Grant awarded under subsection (a),
except as follows:
‘‘(A) A student who is eligible to receive a job training Federal Pell Grant
under this subsection is a student who—
‘‘(i) has not yet attained a postbaccalaureate degree; and
‘‘(ii) is enrolled, or accepted for enrollment, in an eligible job training
program at an institution of higher education.
‘‘(B) The amount of a job training Federal Pell Grant for an eligible stu-
dent shall be determined under subsection (b), except that subsection (b)(4)
shall not apply.
‘‘(3) TREATMENT OF JOB TRAINING FEDERAL PELL GRANT.—
‘‘(A) INCLUSION IN TOTAL ELIGIBILITY PERIOD.—The period during which
a student received a job training Federal Pell Grant under this subsection
shall be included in calculating the duration limits with respect to such stu-
dent under subsection (c)(5) and to the extent that such period was a frac-
tion of a semester or the equivalent, only that same fraction of such semes-
ter or equivalent shall count towards such duration limits.
‘‘(B) PREVENTION OF DOUBLE BENEFITS.—No student may for the same
payment period receive both a job training Federal Pell Grant under this
subsection and a Federal Pell Grant under subsection (a).
‘‘(4) APPROVAL OF ELIGIBLE JOB TRAINING PROGRAMS.—
‘‘(A) ELIGIBLE JOB TRAINING PROGRAM.—An eligible job training program
shall be a career and technical education program at an institution of high-
er education that the Secretary determines meets the following require-
ments:
‘‘(i) The job training program provides not less than 150, and less
than 600, clock hours of instructional time over a period of not less
than 8, and less than 15, weeks.
‘‘(ii) The job training program provides training aligned with the re-
quirements of high-skill, high-wage, or in-demand industry sectors or
occupations in the State or local area in which the job training program
is provided, as determined by an industry or sector partnership in such
State or local area.
‘‘(iii) The job training program has been determined by the institu-
tion of higher education and by such industry or sector partnership to
provide academic content, an amount of instructional time, and a recog-
nized postsecondary credential that are sufficient to—
‘‘(I) meet the hiring requirements of potential employers in the
sectors or occupations described in clause (ii); and
‘‘(II) satisfy any applicable educational prerequisite requirement
for professional license or certification, so that a student who com-
pletes the program and seeks employment is qualified to take any
licensure or certification examination needed to practice or find
employment in such sectors or occupations.
‘‘(iv) The job training program prepares students to pursue related
certificate or degree programs at an institution of higher education, in-
cluding—
‘‘(I) by ensuring the acceptability of the credits received under
the job training program toward meeting such certificate or degree
program requirements (such as through an articulation agree-
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ment); and
‘‘(II) by ensuring that a student who completes noncredit
coursework in the job training program, upon completion of the job
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71
training program and enrollment in such a related certificate or de-
gree program, will receive academic credit for such noncredit
coursework that will be accepted toward meeting such certificate or
degree program requirements.
‘‘(v) The job training program provides to the Secretary the annual
earnings expected to be paid in the sectors or occupations for which the
program provides training not later than 6 months after completion of
such program (in this subsection referred to as the ‘expected earnings’),
as such earnings are determined by an industry or sector partnership
in the State or local area in which the program is provided, and which
shall be—
‘‘(I) greater than the average or median annual earnings paid to
individuals with only a high school diploma (or the equivalent)
based on the most recently available data from the Bureau of
Labor Statistics or the Bureau of the Census with respect to such
State or local area, or the Nation as a whole, as selected by such
program;
‘‘(II) validated by the Secretary; and
‘‘(III) used to review the job training program under subpara-
graph (C).
‘‘(vi) The job training program is part of a career pathway, and in-
cludes counseling for students to—
‘‘(I) support each such student in achieving the student’s edu-
cation and career goals; and
‘‘(II) ensure that each such student receives information on—
‘‘(aa) the sectors or occupations described in clause (ii) for
which the job training program provides training (including
the expected earnings to be paid, and, if available, the mean
and median earnings (described in subparagraph (C)(ii)) paid,
in such sectors or occupations)); and
‘‘(bb) the related certificate or degree programs described in
clause (iv) for which the job training program provides prepa-
ration.
‘‘(vii) The job training program meets the requirements under section
104 that are applicable to a program of training to prepare students for
gainful employment in a recognized occupation.
‘‘(viii) The job training program does not exceed by more than 50 per-
cent the minimum number of clock hours required by a State to receive
a professional license or certification in the State.
‘‘(ix) The job training program is provided by an institution of higher
education that—
‘‘(I) is approved by an accrediting agency or association that
meets the requirements of section 496(a)(4)(C);
‘‘(II) during the preceding 5 years, has not been subject to any
adverse actions or negative actions by the accrediting agency or as-
sociation of the institution, State or Federal enforcement agencies,
or the Secretary;
‘‘(III) is listed on the provider list under section 122(d) of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); and
‘‘(IV) has a designated official responsible for engaging with the
workforce development system in the State or local area in which
the job training program is provided.
‘‘(x) The job training program has a verified completion rate and a
verified annual earnings rate that meets the requirements of clauses (i)
and (iii) of section 481(b)(2)(A), respectively, and satisfies the criteria
described in clause (v) of such section.
‘‘(xi) The State board representing the State in which the job training
program is provided certifies to the Secretary that the program meets
the requirements of clauses (ii), (viii), and (ix)(III).
‘‘(B) INITIAL APPROVAL BY THE SECRETARY.—Not later than 180 days after
the date on which a job training program is submitted for approval under
this subparagraph, the Secretary shall make a determination as to whether
such job training program is an eligible job training program in accordance
with subparagraph (A).
‘‘(C) REVIEW OF APPROVAL.—
‘‘(i) IN GENERAL.—Not later than 3 years after the date an eligible job
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training program is approved under subparagraph (B), and not less
than once every 3 years thereafter, the Secretary shall, using the data
collected under paragraph (5) and such other information as the Sec-
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72
retary may require, determine whether such job training program con-
tinues to meet the requirements of subparagraph (A).
‘‘(ii) REQUIREMENTS.—Subject to clause (iii), a determination under
clause (i) that a job training program continues to meet the require-
ments of subparagraph (A) shall, at a minimum, require the Secretary
to determine that the mean or median earnings (whichever is higher)
paid to students not later than 6 months after completing such pro-
gram is equal to or greater than the expected earnings of the program.
‘‘(iii) EXCEPTION AND APPEALS.—
‘‘(I) EXCEPTION.—The Secretary may extend, by not more than an
additional 6 months, the period by when, after completion of the
job training program, the mean or median earnings (whichever is
higher) paid to students meets the requirements of clause (ii), in
a case in which the job training program requesting such extension
provides sufficient justification for such extension (as determined
by the Secretary).
‘‘(II) APPEALS.—Not later than 60 days after receiving notifica-
tion from the Secretary of the loss of eligibility resulting from the
review under subparagraph (C), a job training program may appeal
any loss of eligibility under this subparagraph by demonstrating
extenuating circumstances.
‘‘(III) SECRETARIAL REQUIREMENTS.—The Secretary shall issue a
decision on any appeal submitted by a job training program under
subclause (II) not later than 45 days after its submission.
‘‘(5) DATA COLLECTION.—Using the postsecondary student data system estab-
lished under section 132(l) or a successor system (whichever includes the most
recent data) to streamline reporting requirements and minimize reporting bur-
dens, and in coordination with the National Center for Education Statistics, the
Secretary of Labor, and each institution of higher education offering an eligible
job training program under this subsection, the Secretary shall, on at least an
annual basis, collect data with respect to each such eligible job training pro-
gram, including the following:
‘‘(A) The number and demographics of students who enroll in the pro-
gram.
‘‘(B) The number of credits attempted and accumulated annually by stu-
dents enrolled in the program.
‘‘(C) The share of such students who cease enrollment on or before the
completion of 60 percent of the payment period or period of enrollment.
‘‘(D) The verified completion rate and the verified annual earnings rate
described in clauses (i) and (iii) of section 481(b)(2)(A), respectively, for the
program.
‘‘(E) The number and demographics of—
‘‘(i) students who complete the program; and
‘‘(ii) students who do not complete the program.
‘‘(F) The outcomes of the students who complete the program, including—
‘‘(i) the share of such students who continue enrollment at the insti-
tution of higher education offering the program;
‘‘(ii) the share of such students who transfer to another institution of
higher education;
‘‘(iii) the share of such students who complete a subsequent certifi-
cate or degree program;
‘‘(iv) the share of such students who secure employment 6 months
and 1 year, respectively—
‘‘(I) after completion of such program; or
‘‘(II) in the case of a program that prepares students for a profes-
sional license or certification exam, after acquiring such license or
certification;
‘‘(v) the expected earnings in the sectors or occupations for which the
program provides training;
‘‘(vi) the mean and median earnings paid in such sectors or occupa-
tions to such students not later than 6 months after completing such
program (as described in paragraph (4)(C)(ii)); and
‘‘(vii) in the case of a job training program that prepares students for
a professional license or certification exams, the share of such students
who pass such exams.
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‘‘(6) TITLE OF JOB TRAINING FEDERAL PELL GRANT.—Grants made under this
subsection shall be known as ‘job training Federal Pell Grants’.
‘‘(7) DEFINITIONS.—In this subsection:
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‘‘(A) ARTICULATION AGREEMENT.—The term ‘articulation agreement’ has
the meaning given the term in section 486A.
‘‘(B) CAREER AND TECHNICAL EDUCATION.—The term ‘career and technical
education’ has the meaning given the term in section 3 of the Carl D. Per-
kins Career and Technical Education Act (20 U.S.C. 2302).
‘‘(C) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher
education’ means an eligible institution for purposes of this subpart that is
an institution of higher education (as defined in section 101) or a postsec-
ondary vocational institution (as defined in section 102(c)).
‘‘(D) WIOA DEFINITIONS.—The terms ‘career pathway’, ‘industry or sector
partnership’, ‘in-demand industry sector or occupation’, ‘recognized postsec-
ondary credential’, ‘State board’, and ‘workforce development system’ have
the meanings given such terms in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).’’.
(b) REPORT.—Not later than 3 years after the date of enactment of this Act, the
Secretary of Education shall—
(1) submit to the Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Health, Education, Labor, and Pensions of
the Senate a report on the impact of eligible job training programs described
in subsection (k) of section 401 of the Higher Education Act of 1965 (20 U.S.C.
1079a), as added by this section, based on the most recent data collected under
paragraph (5) of such subsection (k); and
(2) make the report described in paragraph (1) available publicly on the
website of the Department of Education.
SEC. 4014. PROVIDING FEDERAL PELL GRANTS FOR IRAQ AND AFGHANISTAN VETERAN’S DE-
PENDENTS.
(a) AMENDMENT.—Section 401 of the Higher Education Act of 1965 (20 U.S.C.
1070a et seq.) as amended by this subpart, is further amended by inserting after
subsection (k) the following:
‘‘(l) SCHOLARSHIPS FOR VETERAN’S DEPENDENTS.—
‘‘(1) DEFINITION OF ELIGIBLE VETERAN’S DEPENDENT.—In this subsection, the
term ‘eligible veteran’s dependent’ means a dependent or an independent stu-
dent—
‘‘(A) whose parent or guardian was a member of the Armed Forces of the
United States and died as a result of performing military service in Iraq
or Afghanistan after September 11, 2001; and
‘‘(B) who, at the time of the parent or guardian’s death, was—
‘‘(i) less than 24 years of age; or
‘‘(ii) enrolled at an institution of higher education on a part-time or
full-time basis.
‘‘(2) GRANTS.—
‘‘(A) IN GENERAL.—The Secretary shall award a Federal Pell Grant, as
modified in accordance with the requirements of this subsection, to each eli-
gible veteran’s dependent to assist in paying the eligible veteran’s depend-
ent’s cost of attendance at an institution of higher education.
‘‘(B) DESIGNATION.—Federal Pell Grants made under this subsection may
be known as ‘Iraq and Afghanistan Service Grants’.
‘‘(3) PREVENTION OF DOUBLE BENEFITS.—No eligible veteran’s dependent may
receive a grant under both this subsection and subsection (a) or (k).
‘‘(4) TERMS AND CONDITIONS.—The Secretary shall award Iraq and Afghani-
stan Service Grants under this subsection in the same manner and with the
same terms and conditions, including the length of the period of eligibility, as
the Secretary awards Federal Pell Grants under subsection (a), except that—
‘‘(A) the award rules and determination of need applicable to the calcula-
tion of Federal Pell Grants under subsection (a) shall not apply to Iraq and
Afghanistan Service Grants;
‘‘(B) the provisions of paragraph (2)(A)(iii) and (3) of subsection (b), and
subsection (f), shall not apply;
‘‘(C) the maximum period determined under subsection (c)(5) shall be de-
termined by including all Iraq and Afghanistan Service Grants received by
the eligible veteran’s dependent, including such Grants received under sub-
part 10 before the date of enactment of the College Affordability Act; and
‘‘(D) an Iraq and Afghanistan Service Grant to an eligible veteran’s de-
pendent for any award year shall equal the maximum Federal Pell Grant
available under subsection (b)(5) for that award year, except that an Iraq
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and Afghanistan Service Grant—
‘‘(i) shall not exceed the cost of attendance of the eligible veteran’s
dependent for that award year; and
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74
‘‘(ii) shall be adjusted to reflect the attendance by the eligible vet-
eran’s dependent on a less than full-time basis in the same manner as
such adjustments are made for a Federal Pell Grant under subsection
(a).
‘‘(5) ESTIMATED FINANCIAL ASSISTANCE.—For purposes of determinations of
need under part F, an Iraq and Afghanistan Service Grant shall not be treated
as estimated financial assistance as described in sections 471(3) and 480(j).’’.
(b) EFFECTIVE DATE; TRANSITION.—
(1) EFFECTIVE DATE.—The amendments made by this section shall take effect
with respect to the award year that begins following the date of enactment of
this Act, and each succeeding award year.
(2) TRANSITION.—The Secretary shall take such steps as are necessary to
transition from the Iraq and Afghanistan Service Grants program under sub-
part 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070h), as in effect on the day before the effective date of this Act, and the Iraq
and Afghanistan Service Grants program under section 401(l) of the Higher
Education Act of 1965 (20 U.S.C. 1070a(j)), as added by this section.
SEC. 4015. FEDERAL PELL GRANT FRAUD PREVENTION.
Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), as
amended by this subpart, is further amended by inserting after subsection (l) the
following:
‘‘(m) PREVENTION OF FRAUD.—
‘‘(1) REPORT.—Not later than December 31 of each year, the Secretary shall
prepare and submit a report to the authorizing committees that includes the fol-
lowing information with respect to unusual enrollment history:
‘‘(A) The number and percentage of total applicants who were flagged for
an unusual enrollment history in the preceding award year.
‘‘(B) The number and percentage of institutions that have had fewer than
2 percent of applicants flagged for an unusual enrollment history in the
preceding award year.
‘‘(C) The name of each institution that has had more than 2 percent of
total applicants flagged for an unusual enrollment history in the preceding
award year.
‘‘(D) If the percentage of total applicants in subparagraph (A) is greater
than 2 percent, a detailed plan from the Secretary as to how to reduce that
percentage below 2 percent by the following award year.
‘‘(2) DEFINITION.—For the purposes of this subsection the term ‘unusual en-
rollment history’ means, with respect to the application for Federal student
aid—
‘‘(A) a pattern in which a student attends an institution long enough to
receive a disbursement of credit balance funds authorized by this title, does
not complete the enrollment period, enrolls at another institution and re-
peats this pattern to collect an additional credit balance of funds authorized
by this title without earning academic credit; or
‘‘(B) any other enrollment pattern that the Department believes may sig-
nal an attempt by a student to receive funds authorized under this title in
a fraudulent manner.’’.
SEC. 4016. FEDERAL PELL GRANTS ON BEHALF OF INCARCERATED INDIVIDUALS.
(a) IN GENERAL.—Section 401 of the Higher Education Act of 1965 (20 U.S.C.
1070a), as amended by this subpart, is further amended by adding at the end the
following:
‘‘(n) FEDERAL PELL GRANTS ON BEHALF OF INCARCERATED INDIVIDUALS.—
‘‘(1) INSTITUTIONAL REQUIREMENTS.—An eligible institution may not award a
Federal Pell Grant to an incarcerated individual or on behalf of such individual,
unless the institution meets the following:
‘‘(A) The institution is approved to enroll incarcerated individuals by—
‘‘(i) the Secretary in accordance with paragraph (2); and
‘‘(ii) an accrediting agency or association that meets the requirements
of section 496(a)(4)(D).
‘‘(B) The institution—
‘‘(i) is an institution of higher education (as defined in section 101)
or a postsecondary vocational institution (as defined in section 102(c));
and
‘‘(ii) during the preceding 5 years, has not been subject to the denial,
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withdrawal, suspension, or termination of accreditation.
‘‘(C) The institution provides each incarcerated individual, upon comple-
tion of a course offered by the institution, with academic credits that are
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75
the equivalent to credits earned by non-incarcerated students for an equiva-
lent course of study.
‘‘(D) The institution provides to the Secretary confirmation from each fa-
cility involved that the course of study offered by the institution at such fa-
cility is accessible to incarcerated individuals (including such individuals
who are individuals with disabilities).
‘‘(E) The institution does not enroll incarcerated individuals in a course
of study offered primarily as a distance education program, except in a case
in which the institution provides to the Secretary—
‘‘(i) confirmation that the distance education program offers levels of
faculty interaction, peer engagement, and student support sufficient to
enable incarcerated individuals to successfully participate in such a
program; and
‘‘(ii) evidence of the institution’s success in offering other distance
education programs;
‘‘(F) The institution develops and carries out a process to allow each in-
carcerated individual to access the transcripts and any other educational
records of such individual held by the institution, without regard to the fa-
cility at which the individual is being held or whether the individual has
been released from such a facility.
‘‘(G) The institution develops and carries out a process to allow each in-
carcerated individual an opportunity to provide feedback on courses that is
comparable to the opportunity to provide such feedback that the institution
offers to non-incarcerated students.
‘‘(H) The institution does not directly charge an incarcerated individual—
‘‘(i) in the case of such an individual who is an individual with a dis-
ability, for any cost of the provision of reasonable accommodations for
the individual to participate in a course of study offered by the institu-
tion;
‘‘(ii) in the case of such an individual with an expected family con-
tribution for an award year that would not disqualify the individual
from receiving a Federal Pell Grant, for any amount of the cost of at-
tendance not covered by the Federal Pell Grant or other Federal assist-
ance received by the institution on behalf of the individual by ensuring
that any such amount is offset—
‘‘(I) by a State or institutional grant; or
‘‘(II) other non-Federal financial assistance that does not have to
be repaid by such individual; or
‘‘(iii) in the case of such an individual with an expected family con-
tribution for an award year that would disqualify the individual from
receiving a Federal Pell Grant, an amount that exceeds such expected
family contribution.
‘‘(I) The institution makes available to incarcerated individuals who are
considering enrolling in a course of study offered by the institution, in sim-
ple and understandable terms, the following:
‘‘(i) Information with respect to each course of study at the institution
for which such an individual may receive a Federal Pell Grant, includ-
ing—
‘‘(I) the cost of attendance;
‘‘(II) the mode of instruction (such as distance education, in-per-
son instruction, or a combination of such modes);
‘‘(III) how enrollment in such course of study will impact the pe-
riod of eligibility for Federal Pell Grants for such an individual, in-
cluding in a case in which the individual is transferred to another
facility or released before the completion of such course;
‘‘(IV) the transferability of credits earned, and the acceptability
of such credits toward a certificate or degree program offered by
the institution;
‘‘(V) the process for continuing postsecondary education—
‘‘(aa) upon transfer to another facility; or
‘‘(bb) after the student’s period of incarceration or confine-
ment; and
‘‘(VI) the process for continuing enrollment at the institution
after the student’s period of incarceration or confinement, including
any barriers to admission (such as criminal history questions on
applications for admission to such institution).
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‘‘(ii) In the case of an institution that offers a program to prepare in-
carcerated individuals for gainful employment in a recognized occupa-
tion (as such term is defined in section 104)—
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76
‘‘(I) information on any applicable State licensure and certifi-
cation requirements, including the requirements of the State in
which the facility involved is located and each State in which such
individuals permanently reside; and
‘‘(II) restrictions related to the employment of formerly incarcer-
ated individuals for each recognized occupation for which the
course of study prepares students, including such restrictions—
‘‘(aa) in Federal law; and
‘‘(bb) in the laws of the State in which the facility involved
is located and each State in which such individuals perma-
nently reside.
‘‘(J) The institution submits the information described in subparagraph
(I) to each facility involved, the Secretary, and the accrediting agency or as-
sociation described in subparagraph (A)(ii).
‘‘(2) APPROVAL BY THE SECRETARY.—
‘‘(A) INITIAL ELIGIBILITY.—With respect to an institution that seeks to
award Federal Pell Grants to incarcerated individuals under this sub-
section, the Secretary shall make an initial determination about whether
such institution meets the requirements of this subsection, which shall in-
clude a confirmation that the institution—
‘‘(i) has secured the approval required under paragraph (1)(A)(ii); and
‘‘(ii) meets the requirements of paragraph (1)(B).
‘‘(B) ONGOING ELIGIBILITY.—Not later than 5 years after the Secretary
makes an initial determination under subparagraph (A) that an institution
meets the requirements of this subsection, and not less than every 5 years
thereafter, the Secretary shall determine whether such institution con-
tinues to meet the requirements of this subsection, based on—
‘‘(i) a review of the data collected under paragraph (3) with respect
to the courses of study offered by such institution in which incarcerated
individuals are enrolled, and other applicable information that may be
available to the Secretary; and
‘‘(ii) whether such institution meets the requirements of paragraph
(1).
‘‘(3) DATA COLLECTION.—The Secretary shall, on at least an annual basis, col-
lect data with respect to each course of study offered by each institution at
which incarcerated individuals are enrolled, including—
‘‘(A) the demographics of such individuals;
‘‘(B) the share of such individuals receiving Federal Pell Grants;
‘‘(C) information on the academic outcomes of such individuals (such as
credits attempted and earned, and credential and degree completion);
‘‘(D) to the extent practicable, information on post-release outcomes of
such individuals (such as continued postsecondary enrollment, employment,
and recidivism); and
‘‘(E) any data from student satisfaction surveys conducted by the institu-
tion or the facility involved regarding such course of study.
‘‘(4) BEST PRACTICES IN EDUCATING INCARCERATED INDIVIDUALS.—Not later
than 3 years after the date of enactment of the College Affordability Act, and
at least once every 3 years thereafter, the Secretary shall collect and dissemi-
nate to institutions awarding Federal Pell Grants to incarcerated individuals
under this subsection, best practices with respect to the postsecondary edu-
cation of such individuals.
‘‘(5) DEFINITIONS.—In this subsection:
‘‘(A) FACILITY.—The term ‘facility’ means—
‘‘(i) a place used for the confinement of individuals convicted of a
criminal offense that is owned by, or under contract to, the Bureau of
Prisons, a State, or a unit of local government; or
‘‘(ii) a facility to which an individual subject to involuntary civil con-
finement is committed.
‘‘(B) FACILITY INVOLVED.—The term ‘facility involved’ means, when used
with respect to an institution of higher education, a facility at which a
course of study of the institution is offered to incarcerated individuals.
‘‘(C) INCARCERATED INDIVIDUAL.—The term ‘incarcerated individual’
means an individual who is incarcerated in a facility or who is subject to
an involuntary civil commitment.
‘‘(D) NON-INCARCERATED STUDENT.—The term ‘non-incarcerated student’
means a student at an institution of higher education who is not an incar-
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cerated individual.’’.
(b) REPORT ON IMPACTS OF FEDERAL PELL GRANTS AWARDED TO INCARCERATED IN-
DIVIDUALS.— Not later than 3 years after the date of enactment of this Act, the Sec-
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77
retary of Education shall submit to the authorizing committees and make publicly
available on the website of the Department of Education, a report on the impacts
of subsection (n) of section 401 of the Higher Education Act of 1965 (20 U.S.C.
1070a), as added by this section, based on the most recent data collected under
paragraph (3) of such subsection (n).
Subpart 2—Federal Early Outreach and Student Services
Programs
CHAPTER 1—FEDERAL TRIO PROGRAMS
SEC. 4021. PROGRAM AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 402A of the Higher Education Act of 1965 (20 U.S.C.
1070a–11) is amended—
(1) in subsection (b)(3), by striking ‘‘$200,000’’ and all that follows through the
period at the end and inserting the following: ‘‘$220,000, except that for any fis-
cal year for which such minimum individual grant amount would result in
fewer than 2,780 grants awarded under this chapter, an individual grant au-
thorized under this chapter shall be awarded in an amount that would result
in not fewer than 2,780 grants awarded under this chapter for such fiscal
year.’’;
(2) in subsection (c)—
(A) by amending subparagraph (A) of paragraph (2) to read as follows:
‘‘(A) ACCOUNTABILITY FOR OUTCOMES.—In making grants under this chap-
ter, the Secretary shall consider each applicant’s prior success in achieving
high-quality service delivery, as determined under subsection (f) under the
particular program for which funds are sought. The level of consideration
given the factor of prior success in achieving high-quality service delivery
shall not vary from the level of consideration given such factor during fiscal
years 1994 through 1997, except that grants made under section 402H shall
not be given such consideration.’’;
(B) in paragraph (6)—
(i) in the heading, by striking ‘‘WITH OTHER PROGRAMS FOR DISADVAN-
TAGED STUDENTS’’; and
(ii) by striking the last sentence;
(C) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), re-
spectively;
(D) by inserting after paragraph (6) the following:
‘‘(7) INCLUSION OF HOMELESS AND FOSTER STUDENTS.—The Secretary shall, as
appropriate, require each applicant for funds under the programs authorized by
this chapter (other than the programs authorized under section 402E or 402G)
to identify and conduct outreach to foster care youth and homeless individuals
and make available to foster care youth and homeless individuals services
under such programs, including mentoring, tutoring, and other services pro-
vided by such programs.’’;
(E) in paragraph (8), as so redesignated, by striking ‘‘8 months’’ both
places it appears and inserting ‘‘90 days’’; and
(F) in paragraph (9), as so redesignated—
(i) in subparagraph (A)—
(I) by striking ‘‘Not later than 180 days after the date of enact-
ment of the Higher Education Opportunity Act,’’ and inserting ‘‘Not
less than 90 days before the date on which a competition for a
grant under this chapter begins,’’;
(II) in clause (iii), by striking ‘‘prior experience’’ and inserting
‘‘accountability for outcomes’’; and
(III) in clause (v), by striking ‘‘prior experience’’ and inserting
‘‘accountability for outcomes’’; and
(ii) by striking subparagraph (B) and redesignating subparagraph (C)
as subparagraph (B);
(iii) in subparagraph (B), as so redesignated, by adding at the end the
following:
‘‘(vii) TECHNICAL COMPONENTS OF APPLICATIONS.—
‘‘(I) TREATMENT OF NONSUBSTANTIVE TECHNICAL COMPONENTS OF
APPLICATIONS.—With respect to any competition for a grant under
this chapter, the Secretary may not reject grant applications on the
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sole basis of a failure to meet page limits and formatting standards
(including with respect to font size, font style, font type, line spac-
ing, paragraph justification, and page margins).
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78
‘‘(II) TREATMENT OF TECHNICAL BUDGET ERRORS IN APPLICA-
TIONS.—
‘‘(aa) IN GENERAL.—With respect to any competition for a
grant under this chapter, the Secretary may not reject grant
applications on the sole basis of a typographical or rounding
error in a proposed budget until the Secretary has given the
applicant an opportunity for correction in accordance with item
(bb).
‘‘(bb) NOTICE AND OPPORTUNITY FOR CORRECTION.—The Sec-
retary shall provide notice and identification of an error de-
scribed in item (aa) to the applicant before awarding grants for
each competition and shall allow the applicant to submit a re-
vised application that corrects the identified error.
‘‘(cc) TREATMENT OF REVISED APPLICATIONS.—The Secretary
shall treat the revised application in the same manner as a
timely submitted application.
‘‘(dd) FAILURE TO CORRECT.—If an applicant has received a
notice and opportunity for correction of a typographical or
rounding error in a proposed budget in accordance with item
(bb) and the applicant fails to correct the error and submit a
revised application, the Secretary may reject or penalize that
grant application.’’;
(3) in subsection (d)(3), by adding at the end the following: ‘‘In addition, the
Secretary shall host at least one virtual, interactive training to ensure that any
interested applicants have access to technical assistance.’’;
(4) in subsection (e)—
(A) in paragraph (1)—
(i) by striking ‘‘or’’ at the end of subparagraph (C);
(ii) by striking the period at the end of subparagraph (D) and insert-
ing a semicolon; and
(iii) by adding at the end the following:
‘‘(E) documentation that the student has been determined eligible for a Fed-
eral Pell Grant authorized under section 401; or
‘‘(F) for a grant authorized under section 402B or 402F of this chapter, docu-
mentation that a student is attending a school that—
‘‘(i) elects, or for which the local educational agency serving the school
elects on behalf of the school, to receive special assistance payment under
section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1759a(a)(1)(F)(ii)); or
‘‘(ii) had a percentage of enrolled students who were identified students
(defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C.
1759a(a)(1)(F))) that meets or exceeds the threshold described in clause
(viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that
ends prior to the first period for which such grant is awarded.’’; and
(B) in paragraph (2)—
(i) by striking ‘‘or’’ at the end of subparagraph (C);
(ii) by striking the period at the end of subparagraph (D) and insert-
ing a semicolon; and
(iii) by adding at the end the following:
‘‘(E) documentation that the student has been determined to be eligible for
a Federal Pell Grant authorized under section 401; or
‘‘(F) for a grant authorized under section 402B or 402F of this chapter, docu-
mentation that a student is attending a school that—
‘‘(i) elects, or for which the local educational agency serving the school
elects on behalf of the school, to receive special assistance payment under
section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1759a(a)(1)(F)(ii)); or
‘‘(ii) had a percentage of enrolled students who were identified students
(defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C.
1759a(a)(1)(F))) that meets or exceeds the threshold described in clause
(viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that
ends prior to the first period for which such grant is awarded.’’;
(5) in subsection (f)—
(A) in paragraph (1)—
(i) by striking ‘‘PRIOR EXPERIENCE’’ and inserting ‘‘ACCOUNTABILITY IN
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OUTCOMES’’ in the heading;
(ii) by striking ‘‘on or after January 1, 2009’’ and inserting ‘‘on or
after the date of enactment of the College Affordability Act’’; and
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79
(iii) by striking ‘‘prior experience of’’ and inserting ‘‘success in achiev-
ing’’;
(B) in paragraph (2), by striking ‘‘college students, and’’ and inserting
‘‘college students, foster care youth, homeless individuals, and’’; and
(C) in paragraph (3)—
(i) in subparagraph (A)—
(I) in clause (iv), by striking ‘‘will make such students eligible for
programs such as the Academic Competitiveness Grants Program’’
and inserting ‘‘includes at least 4 years of mathematics, 3 years of
science, and 2 years of a foreign language’’;
(II) by redesignating clauses (v) and (vi) as clauses (vi) and (vii),
respectively; and
(III) by inserting after clause (iv) the following:
‘‘(v) the completion of financial aid applications, including the Free
Application for Federal Student Aid described in section 483(a) and col-
lege admissions applications;’’.
(ii) in subparagraph (B)—
(I) by inserting ‘‘except in the case of programs that specifically
target veterans,’’ after ‘‘under section 402C,’’;
(II) in clause (v), by striking ‘‘will make such students eligible for
programs such as the Academic Competitiveness Grants Program’’
and inserting ‘‘includes at least 4 years of mathematics, 3 years of
science, and 2 years of a foreign language’’;
(III) by redesignating clauses (vi) and (vii) as clauses (vii) and
(viii), respectively; and
(IV) by inserting after clause (v) the following:
‘‘(vi) the completion of financial aid applications, including the Free
Application for Federal Student Aid described in section 483(a) and col-
lege admission applications;’’;
(iii) by redesignating subparagraphs (C), (D), and (E), as subpara-
graphs (D), (E), and (F), respectively;
(iv) by inserting after subparagraph (B) the following:
‘‘(C) For programs authorized under section 402C that specifically target
veterans, the extent to which the eligible entity met or exceeded the entity’s
objectives for such program regarding—
‘‘(i) the delivery of service to a total number of students served by the
program, as agreed upon by the entity and the Secretary for the period
of the program;
‘‘(ii) such students’ academic performance as measured by standard-
ized tests;
‘‘(iii) the retention and completion of participants in the program;
‘‘(iv) the provision of assistance to students served by the program in
completing financial aid applications, including the Free Application for
Federal Student Aid described in section 483(a) and college admission
applications;
‘‘(v) the enrollment of such students in an institution of higher edu-
cation; and
‘‘(vi) to the extent practicable, the postsecondary completion of such
students.’’;
(v) in subparagraph (D)(ii), as redesignated in clause (iii)—
(I) in subclause (I), by striking ‘‘in which such students were en-
rolled’’ and inserting ‘‘at any baccalaureate granting institution
within 6 years of initial enrollment in the project’’; and
(II) in subclause (II), by striking items (aa) and (bb) and insert-
ing the following:
‘‘(aa) the transfer of such students to institutions of higher edu-
cation that offer baccalaureate degrees, regardless of whether the
transferring student completes a degree or certificate; or
‘‘(bb) the completion of a degree or certificate by such students
at any accredited institution within 4 years of initial enrollment in
the project;’’;
(vi) in subparagraph (E), as redesignated—
(I) in clause (iii), by striking ‘‘; and’’ and inserting ‘‘within 2 years
of receiving the baccalaureate degree;’’; and
(II) in clause (iv), by striking ‘‘graduate study and the attainment
of doctoral degrees by former program participants.’’ and inserting
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‘‘graduate study; and
‘‘(v) the attainment of doctoral degrees by former program partici-
pants within 10 years of receiving the baccalaureate degree.’’; and
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80
(vii) in subparagraph (F), as redesignated—
(I) in clause (i), by inserting ‘‘within 2 years of service’’ before the
semicolon; and
(II) in clause (ii), by inserting ‘‘or re-enrollment’’ after ‘‘the enroll-
ment’’;
(6) in subsection (g)—
(A) by striking ‘‘$900,000,000 for fiscal year 2009 and such sums as may
be necessary for each of the five succeeding fiscal years.’’ and inserting
‘‘$1,120,000,000 for fiscal year 2021, and each of the 5 succeeding fiscal
years. The amount authorized to be appropriated in the preceding sentence
for fiscal year 2022 and each of the 4 succeeding fiscal years shall be
deemed increased by the annual adjustment percentage. For purposes of
this subsection, the term ‘adjustment percentage’ as applied to a fiscal year,
means the estimated percentage change in the Consumer Price Index (as
determined by the Secretary, using the definition in section 478(f)) for the
most recent calendar year ending before the beginning of that fiscal year.’’;
(B) by striking ‘‘1⁄2 of’’;
(C) by striking ‘‘, and to provide’’ and inserting ‘‘, to provide’’; and
(D) by striking ‘‘current grantees.’’ and all that follows through ‘‘addi-
tional readers.’’ and inserting ‘‘current grantees, and to carry out the re-
quirements of subsection (c)(9)(A).’’;
(7) in subsection (h)—
(A) by striking paragraph (4) and inserting the following:
‘‘(4) HOMELESS INDIVIDUAL.—The term ‘homeless individual’ has the meaning
given the term ‘homeless children and youth’ under section 725 of the McKin-
ney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
‘‘(5) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means—
‘‘(A) an individual from a family whose taxable income for the preceding
year did not exceed 150 percent of the poverty line applicable to the individ-
ual’s family size as determined under section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2));
‘‘(B) an individual whose taxable income as reported on the individual’s
most recently completed Free Application for Federal Student Aid under
section 483(a) did not exceed 150 percent of such poverty line;
‘‘(C) an individual who has been determined to be eligible for a Federal
Pell Grant authorized under section 401; or
‘‘(D) for grants authorized under 402B and 402F of this chapter, a stu-
dent who is attending a school that—
‘‘(i) elects, or for which the local educational agency serving the
school elects on behalf of the school, to receive special assistance pay-
ment under section 11(a)(1)(F)(ii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or
‘‘(ii) had a percentage of enrolled students who were identified stu-
dents (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C.
1759a(a)(1)(F))) that meets or exceeds the threshold described in clause
(viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year
that ends prior to the first year of the period for which such grant is
awarded.’’;
(B) by redesignating paragraph (5) as subsection (i) and subparagraphs
(A) through (D) as paragraphs (1) through (4); and
(C) by redesignating paragraph (6) as subsection (j); and
(8) in subsection (j), as redesignated, by striking ‘‘subparagraph (A), (B), or
(C) of paragraph (5)’’ and inserting ‘‘paragraph (1), (2), or (3) of subsection (i)’’.
(b) CONFORMING AMENDMENTS.—Chapter 1 of subpart 2 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a–11) is amended—
(1) by striking ‘‘homeless children and youths as defined in section 725 of the
McKinney-Vento Homeless Assistance Act’’ each place it appears and inserting
‘‘homeless individuals’’; and
(2) by striking ‘‘homeless children and youths (as such term is defined in sec-
tion 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a))’’
each place it appears and inserting ‘‘homeless individuals’’.
SEC. 4022. TALENT SEARCH.
Section 402B of the Higher Education Act of 1965 (20 U.S.C. 1070a–12) is amend-
ed—
(1) in subsection (a)—
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(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following:
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81
‘‘(3) to advise such youths regarding the postsecondary education selection
process, including consideration of financial aid awards offered, potential Fed-
eral loan burden, and likelihood of graduating; and’’;
(2) in subsection (b)—
(A) by striking ‘‘and’’ at the end of paragraph (5); and
(B) by striking paragraph (6) and inserting the following:
‘‘(6) education or counseling services to assist students and their families re-
garding career choice; and
‘‘(7) connections to programs providing financial literacy and economic literacy
so that students and their families are able to make informed choices regarding
postsecondary education, including considering degree choices and potential
Federal loan burdens.’’;
(3) in subsection (c)(2), by striking ‘‘career’’ and inserting ‘‘academic’’; and
(4) in subsection (d)—
(A) in paragraph (3), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (4), by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
‘‘(5) require an assurance that the entity carrying out the project has re-
viewed and revised policies and practices as needed to remove barriers to the
participation and retention in the project of homeless individuals, including un-
accompanied youth and foster care youth;
‘‘(6) require that such entity submit, as part of the application for the project,
a description of the activities that will be undertaken to reach out to such
homeless individuals and foster care youth as part of the project; and
‘‘(7) require an assurance that such entity will prepare and submit the report
required under section 402H(e) at the conclusion of the project regarding such
homeless individuals and foster care youth.’’.
SEC. 4023. UPWARD BOUND.
Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a–13) is amend-
ed—
(1) in subsection (b), by striking paragraphs (5) and (6) and inserting the fol-
lowing:
‘‘(5) assistance to students and their families regarding career choice;
‘‘(6) education or counseling services designed to improve the financial literacy
and economic literacy of students or the students’ parents in order to aid them
in making informed decisions about the postsecondary education selection proc-
ess and assist students and their families in making informed choices regarding
the postsecondary education selection process; and
‘‘(7) in the case of such a project that is not specifically designed for veterans,
as part of core curriculum, instruction in mathematics through pre-calculus,
science, foreign language, language arts, and literature, and in the case of such
a project that is specifically designed for veterans, instruction in mathematics
through pre-calculus, science, foreign language, and language arts.’’;
(2) by striking subsections (c) and (g) and redesignating subsections (d), (e),
(f), and (h) as subsections (c), (d), (e), and (f), respectively;
(3) in subsection (c), as so redesignated—
(A) in paragraph (1), by striking ‘‘youth’’ and inserting ‘‘participants’’;
(B) in paragraph (2)—
(i) by striking ‘‘youth participating in the project’’ and inserting
‘‘project participants’’; and
(ii) by striking ‘‘youth;’’ and inserting ‘‘participants;’’ and
(C) in paragraph (5), by striking ‘‘youth participating in the project’’ and
inserting ‘‘participants’’; and
(4) in subsection (d), as so redesignated—
(A) in paragraph (4), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (5), by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
‘‘(6) require an assurance that the entity carrying out the project has re-
viewed and revised policies and practices as needed to remove barriers to the
participation and retention in the project of homeless individuals, including un-
accompanied youth and foster care youth;
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‘‘(7) require that such entity submit, as part of the application, a description
of the activities that will be undertaken to reach out to such homeless individ-
uals and foster care youth regarding the project; and
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82
‘‘(8) require an assurance that such entity will prepare and submit the report
required under section 402H(e) at the conclusion of the project regarding such
homeless individuals and foster care youth.’’; and
(5) in subsection (e), as so redesignated—
(A) by striking ‘‘$60’’ and inserting ‘‘$90’’;
(B) by striking ‘‘$300’’ and inserting ‘‘$450’’;
(C) by striking ‘‘$40’’ and inserting ‘‘$60’’; and
(D) by adding at the end the following: ‘‘Adults participating in a project
specifically targeting veterans under this section may be paid stipends not
in excess of $100 per month during the year.’’.
SEC. 4024. STUDENT SUPPORT SERVICES.
Section 402D of the Higher Education Act of 1965 (20 U.S.C. 1070a–14) is amend-
ed—
(1) in subsection (a)—
(A) in paragraph (3), by striking ‘‘limited English proficient’’ and insert-
ing ‘‘low-income and first generation college students, including limited
English proficient students’’; and
(B) in paragraph (4), by striking ‘‘, including—’’ and all that follows
through the end of the paragraph and inserting a period;
(2) in subsection (b)—
(A) in paragraph (4), by striking ‘‘including financial planning for postsec-
ondary education;’’ and inserting ‘‘including—
‘‘(A) financial planning for postsecondary education, including loan bur-
dens required, repayment options, and expected earnings in potential career
fields;
‘‘(B) basic personal income, household money management, and financial
planning skills; and
‘‘(C) basic economic decisionmaking skills.’’;
(B) in paragraph (5), by striking ‘‘and’’ at the end;
(C) in paragraph (6), by striking the period at the end and inserting ‘‘;
and’’; and
(D) by adding at the end the following:
‘‘(7) basic and emergency supplemental living assistance grants in accordance
with subsection (f).’’;
(3) in subsection (e)—
(A) in paragraph (5), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (6)(B), by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
‘‘(7) require an assurance that the entity carrying out the project has re-
viewed and revised policies and practices as needed to remove barriers to the
participation and retention in the project of homeless individuals, including un-
accompanied youth and foster care youth;
‘‘(8) require that such entity submit, in the application for the project, a de-
scription of the activities that will be undertaken to reach out to such homeless
individuals and foster care youth, who are enrolled or accepted for enrollment
at the institution; and
‘‘(9) require an assurance that such entity will prepare and submit the report
required under section 402H(e) at the conclusion of the project regarding such
homeless individuals and foster care youth.’’; and
(4) by adding at the end the following:
‘‘(f) BASIC AND EMERGENCY SUPPLEMENTAL LIVING ASSISTANCE GRANTS.—
‘‘(1) IN GENERAL.—In carrying out the activities required under subsection
(b)(7) with a grant received under this section, the recipient of such grant shall
provide basic and emergency supplemental living assistance grants to assist
students who are current participants in the student support services program
offered by the institution (in this subsection referred to as ‘eligible students’)—
‘‘(A) in the case of a basic supplemental living assistance grant, in cov-
ering reasonable, anticipated expenses necessary for the completion of an
academic year of the students’ first undergraduate baccalaureate course of
study; and
‘‘(B) in the case of an emergency supplemental living assistance grant, in
covering reasonable, unanticipated expenses necessary for the students to
persist in college during such academic year.
‘‘(2) AMOUNT OF GRANTS.—The recipient may determine—
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‘‘(A) the appropriate division of the funds between basic and emergency
supplemental assistance grants, except that funds shall be provided for
both basic and emergency grants;
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83
‘‘(B) the amount of each such grant and the total grant funds that an eli-
gible student may receive, except that a student may not receive more than
a total of $500 in emergency supplemental assistance grants per academic
year; and
‘‘(C) the anticipated and unanticipated expenses referred to in paragraph
(1) that such grants will cover based on the needs of eligible students,
which—
‘‘(i) may vary by factors including academic year, housing, parental
status, location in urban or rural area, or other circumstances; and
‘‘(ii) for an individual student, may cover—
‘‘(I) any component of the cost of attendance for the student;
‘‘(II) an allowance for actual or expected expenses incurred for
dependent care that exceeds such expenses determined for the stu-
dent under section 472(8);
‘‘(III) an allowance for actual or expected expenses for transpor-
tation that exceeds such expenses determined for the student
under section 472; and
‘‘(IV) personal items or expenses not otherwise covered by the
cost of attendance for the student.
‘‘(3) PERCENTAGE OF TOTAL FUNDS.—The recipient may use not more than 2
percent of the funds awarded under this section for grants under this sub-
section.
‘‘(4) DETERMINATION OF NEED.—A grant provided to a student under this sub-
section shall not be considered in determining that student’s need for grant or
work assistance under this title, except that in no case shall the total amount
of student financial assistance awarded to a student under this title exceed that
student’s cost of attendance by more than $500.
‘‘(5) CONSULTATION.—In making grants to students under this subsection, an
institution shall ensure that adequate consultation takes place between the stu-
dent support service program office and the institution’s financial aid office.
‘‘(6) SUPPLEMENT, NOT SUPPLANT.—Funds received by a grant recipient that
are used under this subsection shall be used to supplement, and not supplant,
non-Federal funds expended for student support services programs.
‘‘(7) FUNDS.—For a fiscal year for which the funds allocated for projects au-
thorized under this section from the amounts appropriated pursuant to the au-
thority of section 402A(g) exceeds the funds allocated for such purpose for fiscal
year 2020, not more than 2 percent of such excess funds may be made available
for grants under this subsection.’’.
SEC. 4025. POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.
Section 402E of the Higher Education Act of 1965 (20 U.S.C. 1070a–15) is amend-
ed—
(1) in subsection (b)(2)—
(A) by striking ‘‘summer’’; and
(B) by inserting ‘‘or faculty-led research experiences’’ before the semi-
colon;
(2) in subsection (d)(4)—
(A) by striking ‘‘summer’’; and
(B) by inserting ‘‘or faculty-led experiences who have stipends’’ after ‘‘in-
ternships’’; and
(3) in subsection (f)(1), by striking ‘‘$2,800’’ and inserting ‘‘$4,000’’.
SEC. 4026. EDUCATIONAL OPPORTUNITY CENTERS.
Section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a–16) is amend-
ed—
(1) in subsection (a)(1), by striking ‘‘pursue’’ and inserting ‘‘begin or re-enter’’;
(2) in subsection (b)(5), by striking ‘‘students;’’ and inserting ‘‘students, includ-
ing—
‘‘(A) financial planning for postsecondary education, including student
loan debt, repayment options, and expected earnings in potential career
fields;
‘‘(B) basic personal income, household money management, and financial
planning skills; and
‘‘(C) basic economic decisionmaking skills;’’; and
(3) in subsection (c)—
(A) in paragraph (2), by striking ‘‘and’’ after the semicolon;
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(B) in paragraph (3), by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
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84
‘‘(4) require an assurance that the entity carrying out the project has re-
viewed and revised policies and practices as needed to remove barriers to the
participation and retention in the project of homeless individuals, including un-
accompanied youth and foster care youth;
‘‘(5) require that such entity submit, as part of the application, a description
of the activities that will be undertaken to reach out to such homeless individ-
uals and foster care youth regarding the project; and
‘‘(6) require an assurance that such entity will prepare and submit the report
required under section 402H(e) at the conclusion of the project regarding such
homeless individuals and foster care youth.’’.
SEC. 4027. STAFF DEVELOPMENTAL ACTIVITIES.
Section 402G(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a–17(b)) is
amended—
(1) by inserting ‘‘webinars, online classes,’’ after ‘‘seminars, workshops,’’;
(2) by striking ‘‘new directors’’ and inserting ‘‘staff’’;
(3) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6),
respectively;
(4) by inserting before paragraph (2), as so redesignated, the following:
‘‘(1) Legislative and regulatory requirements and program management for
new directors of programs funded under this chapter.’’;
(5) in paragraph (2), as redesignated, by inserting ‘‘for continuing directors
and staff of programs’’ after ‘‘operation of programs’’; and
(6) in paragraph (4), as redesignated, by striking ‘‘model programs’’ and in-
serting ‘‘innovations’’.
SEC. 4028. REPORTS AND EVALUATIONS.
(a) OTHER REPORTING REQUIREMENTS.—Section 402H of the Higher Education Act
of 1965 (20 U.S.C. 1070a–18) is further amended—
(1) in subsection (b)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘, including a rigorous evaluation
of the programs and projects assisted under section 402C. The evalua-
tion of the programs and projects assisted under section 402C shall be
implemented not later than June 30, 2010’’ and inserting ‘‘The issues
such evaluations shall measure shall include the effectiveness of pro-
grams and projects assisted under this chapter in—
‘‘(i) meeting or exceeding the stated objectives regarding the outcome
criteria under section 402A(f);
‘‘(ii) enhancing the access of low-income individuals and first-genera-
tion college students to postsecondary education;
‘‘(iii) preparing individuals for postsecondary education; and
‘‘(iv) comparing students who participate in the programs funded
under this chapter with students who do not participate in such pro-
grams with respect to—
‘‘(I) level of education completed;
‘‘(II) retention rates;
‘‘(III) graduation rates;
‘‘(IV) college admission and completion rates; and
‘‘(V) other issues as the Secretary considers appropriate.’’; and
(ii) in subparagraph (C), by inserting ‘‘and take into account the
agreed upon target determined under section 402A(f)(4)’’ before the pe-
riod; and
(B) by amending paragraph (2) to read as follows:
‘‘(2) PRACTICES.—The evaluations described in paragraph (1) shall identify in-
stitutional, community, and program or project practices that are effective in—
‘‘(A) enhancing the access of low-income individuals and first-generation
college students to postsecondary education;
‘‘(B) the preparation of such individuals and students for postsecondary
education;
‘‘(C) fostering the success of the individuals and students in postsec-
ondary education; and
‘‘(D) for programs and projects assisted under section 402C, the character-
istics of students who benefit most from such programs and projects.’’; and
(2) in subsection (d), by inserting ‘‘, including the authorizing committees’’ be-
fore the period.
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(b) HOMELESS INDIVIDUALS AND FOSTER CARE YOUTH.—Section 402H of the High-
er Education Act of 1965 (20 U.S.C. 1070a–18) is further amended by adding at the
end the following:
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85
‘‘(e) REPORT REGARDING HOMELESS INDIVIDUALS AND FOSTER CARE YOUTH.—Each
entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the
conclusion of the project, prepare and submit a report to the Secretary that in-
cludes—
‘‘(1) where available, data on the number of homeless individuals and foster
care youth served through the project; and
‘‘(2) a description of any strategies or program enhancements that were used
in the project and that were effective in meeting the needs of such homeless
individuals and foster care youth.’’.
CHAPTER 2—GAINING EARLY AWARENESS AND READINESS FOR
UNDERGRADUATE PROGRAMS
SEC. 4031. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE PROGRAMS.
Chapter 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070a–21 et seq.) is amended—
(1) in section 404A (20 U.S.C. 1070a–21)—
(A) in the matter preceding subparagraph (A) of subsection (a)(1), by in-
serting ‘‘, including for college readiness’’ after ‘‘academic support’’; and
(B) in subsection (b)—
(i) by amending paragraph (3) to read as follows:
‘‘(3) PRIORITY.—In making awards to eligible entities described in subsection
(c), the Secretary may give a competitive priority—
‘‘(A) to eligible entities that—
‘‘(i) on the day before the date of enactment of the College Afford-
ability Act, carried out successful educational opportunity programs
under this chapter (as this chapter was in effect on such day); and
‘‘(ii) have a prior, demonstrated commitment to early intervention
leading to college access and readiness through collaboration and rep-
lication of successful strategies; or
‘‘(B) to eligible entities that ensure that students that received assistance
under this chapter on the day before the date of enactment of the College
Affordability Act continue to receive such assistance through the completion
of secondary school.’’;
(ii) by adding at the end the following:
‘‘(4) MULTIPLE AWARD PROHIBITION.—
‘‘(A) IN GENERAL.—An eligible entity described in subsection (c)(1) that re-
ceives a grant under this chapter shall not be eligible to receive an addi-
tional grant under this chapter until after the date on which the grant pe-
riod with respect to such grant expires.
‘‘(B) EXCEPTION FOR NO-COST EXTENSION.—Notwithstanding subparagraph
(A), an eligible entity described in subsection (c)(1) that receives a grant
under this chapter that has been extended under section 75.261 of title 34,
Code of Federal Regulations may receive an additional grant under this
chapter prior to the date on which the grant period applicable to such ex-
tension expires.’’; and
(2) in section 404B (20 U.S.C. 1070a–22)—
(A) in subsection (a), in the matter preceding paragraph (1), by inserting
‘‘(except with respect to continuation awards under this chapter)’’ after
‘‘grants’’; and
(B) in subsection (d)(1)—
(i) in subparagraph (A), by inserting ‘‘and’’ after the semicolon;
(ii) in subparagraph (B), by striking ‘‘; and’’ and inserting a period;
and
(iii) by striking subparagraph (C);
(3) in section 404C (20 U.S.C. 1070a–23)—
(A) in subsection (a)(2)—
(i) in subparagraph (I), by striking ‘‘and’’ after the semicolon;
(ii) in subparagraph (J), by striking the period at the end and insert-
ing a semicolon; and
(iii) by adding at the end the following:
‘‘(K) provide an assurance that the eligible entity has reviewed and re-
vised policies and practices as needed to remove barriers to the participa-
tion and retention of homeless individuals (as defined in section 402A) in
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the program, including unaccompanied youth and foster care youth;
‘‘(L) describe the activities that will be undertaken to reach out to such
homeless individuals and foster care youth as part of the program; and
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86
‘‘(M) provide an assurance that the eligible entity will prepare and submit
the report required under section 404G(c) at the conclusion of the grant re-
garding such homeless individuals and foster care youth.’’;
(B) in subsection (b)(1)(A)—
(i) by inserting ‘‘matching funds’’ after ‘‘will provide’’;
(ii) by inserting ‘‘equaling’’ after ‘‘private funds,’’; and
(iii) by striking ‘‘the cost of the program, which matching funds’’ and
inserting ‘‘the total Federal grant award under this chapter, which’’;
(C) in subsection (c)(1), by inserting ‘‘at any point during the grant award
period’’ after ‘‘obligated to students’’; and
(D) by striking subsection (d) and inserting the following:
‘‘(d) PEER REVIEW PANELS AND COMPETITIONS.—The Secretary shall—
‘‘(1) convene peer review panels to assist in making determinations regarding
the awarding of grants under this chapter; and
‘‘(2) host a grant competition to make new awards under this chapter in any
year in which there are funds available to make new awards.’’;
(4) in section 404D (20 U.S.C. 1070a–24)—
(A) in subsection (b)—
(i) in paragraph (1), by striking ‘‘or former participants of a program
under this chapter’’ and inserting ‘‘, former participants of a program
under this chapter, or peers and near peers’’;
(ii) in paragraph (3), by inserting ‘‘academic, social, and postsec-
ondary planning’’ after ‘‘supportive’’;
(iii) in paragraph (10)—
(I) by redesignating subparagraphs (E) through (K) as subpara-
graphs (F) through (L), respectively;
(II) by inserting after subparagraph (D) the following:
‘‘(E) counseling or referral services to address the behavioral, social-emo-
tional, and mental health needs of at-risk students;’’;
(III) in subparagraph (I), as redesignated by subclause (I), by in-
serting ‘‘, cognitive, non-cognitive, and credit-by-examination’’ after
‘‘skills’’;
(IV) in subparagraph (K), as redesignated by subclause (I), by
striking ‘‘and’’ after the semicolon;
(V) in subparagraph (L), as redesignated by subclause (I), by
striking the period at the end and inserting ‘‘; and’’; and
(VI) by adding at the end the following:
‘‘(M) capacity building activities that create college-going cultures in par-
ticipating schools and local educational agencies.’’; and
(iv) by adding at the end the following:
‘‘(16) Creating or expanding secondary school drop-out recovery programs that
allow students who have dropped out of secondary school to complete a regular
secondary school diploma and begin college-level work.
‘‘(17) Establishing data collection and data sharing agreements to obtain, ana-
lyze, and report postsecondary outcome data for eligible students for a period
of not more than 72 months after the end of the grant award period, which may
include postsecondary enrollment, persistence, and completion data.
‘‘(18) Establishing or maintaining an agreement with a consortium of eligible
entities described in section 404A(c) to—
‘‘(A) foster collaborative approaches to research and evaluation;
‘‘(B) improve the quality of data collection, data sharing, analysis and re-
porting; and
‘‘(C) apply evidence to improve programs and evaluation under this chap-
ter.
‘‘(19) Facilitating the recruitment, participation, and retention of homeless in-
dividuals (as defined in section 402A) and foster care youth in the services pro-
vided under this chapter, including—
‘‘(A) establishing partnerships with community-based organizations, child
welfare agencies, homeless shelters, and local educational agency liaisons
for homeless individuals to identify such individuals and youth, improve
policies and practices, and to establish data sharing agreements;
‘‘(B) carrying out activities (consistent with the McKinney-Vento Home-
less Assistance Act (42 U.S.C. 11301 et seq.)) to facilitate continued partici-
pation of students who are no longer enrolled in a school served under this
chapter due to changes in residence resulting from homelessness or foster
care placement, including—
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‘‘(i) allowing continued participation when such a student is no longer
enrolled, on a temporary basis, in a school served under this chapter;
or
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‘‘(ii) providing transitional services and referrals when such a student
is no longer enrolled, on a permanent basis, in a school served under
this chapter; and
‘‘(C) carrying out other activities to meet the needs of such homeless indi-
viduals and foster care youth.
‘‘(20) Providing services under this chapter to students who have received
services under a previous grant award under this chapter but have not yet com-
pleted grade 12.’’;
(B) in subsection (c)—
(i) in paragraph (3), by inserting ‘‘and technical assistance’’ after
‘‘support’’; and
(ii) by striking paragraph (9); and
(C) in subsection (d)—
(i) in paragraph (3), by striking ‘‘or’’;
(ii) by redesignating paragraph (4) as paragraph (5); and
(iii) by inserting after paragraph (3) the following:
‘‘(4) eligible for free or reduced-price lunch under the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.); or’’;
(5) in section 404E (20 U.S.C. 1070a–25)—
(A) in subsection (a)—
(i) by redesignating paragraph (2) as paragraph (3);
(ii) by inserting after paragraph (1) the following:
‘‘(2) APPLICATION REQUIREMENTS.—
‘‘(A) PLAN FOR MAINTENANCE OF FINANCIAL ASSISTANCE.—An eligible enti-
ty proposing to establish or maintain a financial assistance program pro-
viding scholarships for students assisted by the program of the eligible enti-
ty under this chapter shall include a plan regarding the financial applica-
tion program with the application submitted under section 404C.
‘‘(B) SCHOLARSHIP DETAILS.—Under a plan described in subparagraph (A),
an eligible entity—
‘‘(i) may elect to offer 1 or more types of scholarships; and
‘‘(ii) shall describe, for each type of scholarship—
‘‘(I) the minimum and maximum awards for the scholarships,
consistent with subsection (d), based on criteria and disbursement
priorities established by the eligible entity;
‘‘(II) the duration of the scholarships, which may be single-year
or multi-year awards;
‘‘(III) the enrollment requirements for participating students,
which may include providing scholarships for participating stu-
dents who are enrolled in an institution of higher education on less
than a full-time basis during any award year; and
‘‘(IV) any additional student eligibility criteria established by the
eligible entity for earning and maintaining scholarships under this
section, including—
‘‘(aa) financial need;
‘‘(bb) meeting participation milestones in the activities of-
fered by the eligible entity under section 404D;
‘‘(cc) meeting and maintaining satisfactory academic mile-
stones; and
‘‘(dd) other criteria aligned with State and local goals to
incentivize postsecondary readiness, access, and success.’’; and
(iii) in paragraph (3), as redesignated by clause (i), by striking ‘‘may
award’’ and inserting ‘‘may use not less than 10 percent and not more
than 50 percent of funds made available under this chapter to award’’;
(B) in subsection (b)—
(i) in the subsection heading, by striking ‘‘LIMITATION’’ and inserting
‘‘STATE LIMITATION’’; and
(ii) in paragraph (2), by striking ‘‘eligible entity demonstrates’’ and all
that follows through the period at the end and inserting the following:
‘‘eligible entity—
‘‘(A) demonstrates that the eligible entity has another means of providing
the students with the financial assistance described in this section or eligi-
ble students have reasonable access to State and local financial assistance
programs; and
‘‘(B) describes such means or access in the application submitted under
section 404C.’’;
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(C) in subsection (e)—
(i) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—
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‘‘(A) SCHOLARSHIP PLAN.—Each eligible entity described in section
404A(c)(1) that receives a grant under this chapter shall hold in reserve,
for the students served by such grant as described in section 404B(d)(1)(A)
or 404D(d), an estimated amount that is based on the eligible entity’s schol-
arship plan described in subsection (a)(1).
‘‘(B) INTEREST USE.—Interest earned on funds held in reserve under sub-
paragraph (A) may be used by the eligible entity to administer the scholar-
ship program during the award period and through the post-award period
described in paragraph (4).’’;
(ii) in paragraph (2)(B), by inserting ‘‘, or been accepted for enroll-
ment,’’ after ‘‘enrolled’’; and
(iii) in paragraph (3)—
(I) in subparagraph (A), by striking ‘‘and’’ after the semicolon;
(II) by redesignating subparagraph (B) as subparagraph (C); and
(III) by inserting after subparagraph (A) the following:
‘‘(B) the costs associated with enrolling in an institution of higher edu-
cation; and’’; and
(D) in subsection (g)—
(i) in paragraph (3)—
(I) by inserting ‘‘or, if the eligible entity chooses, in another pro-
gram of study or credential program for which an individual could
use funds received under a Federal Pell Grant to attend,’’ before
‘‘that is located’’; and
(II) by striking ‘‘except that, at the State’s option’’ and inserting
‘‘except that, at the eligible entity’s option’’; and
(ii) in paragraph (4), by inserting ‘‘and qualifies for an award, con-
sistent with the eligible entity’s scholarship plan as described in sub-
section (a)(2)’’ after ‘‘404D(a)’’;
(6) in section 404G (20 U.S.C. 1070a–27)—
(A) in subsection (b)—
(i) in paragraph (1), by striking ‘‘and’’ after the semicolon;
(ii) in paragraph (2), by striking the period at the end and inserting
‘‘; and’’; and
(iii) by inserting after paragraph (2) the following:
‘‘(3) include the following metrics:
‘‘(A) The number of students completing the Free Application for Federal
Student Aid under section 483.
‘‘(B) If applicable, the number of students receiving a scholarship under
section 404E.
‘‘(C) The graduation rate of participating students from high school.
‘‘(D) The enrollment of participating students in postsecondary education.
‘‘(E) Such other metrics as the Secretary may require.’’;
(B) by redesignating subsections (c) and (d) as subsections (d) and (e), re-
spectively;
(C) by inserting after subsection (b) the following:
‘‘(c) REPORT ON HOMELESS INDIVIDUALS AND FOSTER CARE YOUTH.—Each eligible
entity that receives a grant under section 404A shall, at the conclusion of such
grant, prepare and submit a report to the Secretary that includes—
‘‘(1) where available, the number of homeless individuals (as defined in sec-
tion 402A) and foster care youth served through the program; and
‘‘(2) a description of any strategies or program enhancements that were used
by the eligible entity in carrying out the program that were effective in meeting
the needs of such homeless individuals and foster care youth.’’;
(D) in subsection (d), as so redesignated—
(i) in the subsection heading, by inserting ‘‘AND TECHNICAL ASSIST-
ANCE’’ after ‘‘FEDERAL EVALUATION’’;
(ii) in the matter preceding paragraph (1)—
(I) by inserting ‘‘after consultation with the community of eligible
entities receiving grants under this chapter and’’ after ‘‘Secretary
shall,’’;
(II) by striking ‘‘0.75’’ and inserting ‘‘1’’; and
(III) by striking ‘‘evaluate the effectiveness of the program and,
as appropriate, disseminate the results of the evaluation. Such
evaluation shall include a separate analysis of’’;
(iii) by redesignating paragraphs (1) and (2) as subparagraphs (A)
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and (B), respectively, and indenting the margins appropriately; and
(iv) before subparagraph (A) (as redesignated by clause (iii)), by in-
serting the following:
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‘‘(1) provide pre-application technical assistance workshops for eligible entities
and potential applicants in any year in which new awards are expected to be
made;
‘‘(2) support initiatives designed to improve the research, data collection and
infrastructure, and evaluation capacity of eligible entities; and
‘‘(3) evaluate the effectiveness of the program and, as appropriate, dissemi-
nate the results of the evaluation. Such evaluation may include a separate anal-
ysis of—’’; and
(7) in section 404H, by striking ‘‘$400,000,000 for fiscal year 2009’’ and insert-
ing ‘‘$500,000,000 for fiscal year 2021’’.
Subpart 3—Federal Supplemental Educational Opportunity
Grants
SEC. 4041. PURPOSE; APPROPRIATIONS AUTHORIZED.
Section 413A of the Higher Education Act of 1965 (20 U.S.C. 1070b) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) PURPOSE OF SUBPART.—It is the purpose of this subpart to—
‘‘(1) provide, through institutions of higher education, supplemental grants to
assist in making available the benefits of postsecondary education to qualified
students who demonstrate financial need in accordance with the provisions of
part F of this title; and
‘‘(2) to establish grant programs at various institutions of higher education,
as defined in section 101, to determine best practices and policies regarding the
distribution of emergency grant aid to assist students in completing their pro-
gram of study, notwithstanding aid they may have received in accordance with
the provisions of part F of this title.’’;
(2) in subsection (b)(1), by striking ‘‘appropriated’’ and all that follows through
the end and inserting ‘‘appropriated—
‘‘(A) $1,150,000,000 for fiscal year 2021;
‘‘(B) $1,300,000,000 for fiscal year 2022;
‘‘(C) $1,450,000,000, for fiscal year 2023;
‘‘(D) $1,600,000,000 for fiscal year 2024; and
‘‘(E) $1,750,000,000 for fiscal year 2025 and each succeeding fiscal year.’’;
(3) in subsection (b), by redesignating paragraph (2) as paragraph (3); and
(4) in subsection (b), by inserting after paragraph (1) the following:
‘‘(2) For the purpose of enabling the Secretary to fund emergency grant aid pro-
grams under section 420DD, there are allocated, from funds authorized under para-
graph (b)(1), $12,500,000 for fiscal year 2021 and each of the 5 succeeding fiscal
years.’’.
SEC. 4042. INSTITUTIONAL ELIGIBILITY.
Section 413C(a) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2) is
amended—
(1) in paragraph (2)—
(A) by striking ‘‘agrees’’ and inserting ‘‘except as provided in paragraph
(4), agrees’’; and
(B) by striking ‘‘and’’ at the end;
(2) in paragraph (3)(D), by striking the period and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) agrees that the Federal share of an award under this subpart to an insti-
tution eligible for assistance under title III or title V shall equal 100 percent
of such award.’’.
SEC. 4043. ALLOCATION OF FUNDS.
Section 413D of the Higher Education Act of 1965 (20 U.S.C. 1070b–3) is amended
to read as follows:
‘‘SEC. 413D. ALLOCATION OF FUNDS.
‘‘(a) ALLOCATION FORMULA FOR FISCAL YEARS 2021 THROUGH 2025.—
‘‘(1) IN GENERAL.—From the amount appropriated under section 413A(b)(1) for
a fiscal year, the Secretary shall allocate to each institution—
‘‘(A) for fiscal year 2021, an amount equal to the greater of—
‘‘(i) 90 percent of the amount the institution received under sub-
section (a) for fiscal year 2020, as such subsection was in effect with
respect to such fiscal year (in this subparagraph referred to as ‘the
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2020 amount for the institution’); or
‘‘(ii) the fair share amount for the institution determined under sub-
section (c);
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‘‘(B) for fiscal year 2022, an amount equal to the greater of—
‘‘(i) 80 percent of the 2020 amount for the institution; or
‘‘(ii) the fair share amount for the institution determined under sub-
section (c);
‘‘(C) for fiscal year 2023, an amount equal to the greater of—
‘‘(i) 60 percent of the fiscal year 2020 amount for the institution; or
‘‘(ii) the fair share amount for the institution determined under sub-
section (c);
‘‘(D) for fiscal year 2024, an amount equal to the greater of—
‘‘(i) 40 percent of the 2020 amount for the institution; or
‘‘(ii) the fair share amount for the institution determined under sub-
section (c); and
‘‘(E) for fiscal year 2025, an amount equal to the greater of—
‘‘(i) 20 percent of the 2020 amount for the institution; or
‘‘(ii) the fair share amount for the institution determined under sub-
section (c).
‘‘(2) RATABLE REDUCTION.—
‘‘(A) IN GENERAL.—If the amount appropriated under section 413A(b)(1)
for a fiscal year is less than the amount required to be allocated to the in-
stitutions under this subsection, then the amount of the allocation to each
institution shall be ratably reduced.
‘‘(B) ADDITIONAL APPROPRIATIONS.—If the amounts allocated to each insti-
tution are ratably reduced under subparagraph (A) for a fiscal year and ad-
ditional amounts are appropriated for such fiscal year, the amount allocated
to each institution from the additional amounts shall be increased on the
same basis as the amounts under subparagraph (A) were reduced (until
each institution receives the amount required to be allocated under this
subsection).
‘‘(b) ALLOCATION FORMULA FOR FISCAL YEAR 2026 AND EACH SUCCEEDING FISCAL
YEAR.—From the amount appropriated under section 413A(b)(1) for fiscal year 2026
and each succeeding fiscal year, the Secretary shall allocate to each institution the
fair share amount for the institution determined under subsection (c).
‘‘(c) DETERMINATION OF FAIR SHARE AMOUNT.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), the fair share amount for an in-
stitution for a fiscal year shall be equal to the sum of the institution’s under-
graduate student need described in paragraph (2) for the preceding fiscal year.
‘‘(2) INSTITUTIONAL UNDERGRADUATE STUDENT NEED CALCULATION.—The insti-
tutional undergraduate student need for an institution for a fiscal year shall be
equal to the sum of the following:
‘‘(A) An amount equal to 50 percent of the amount that bears the same
proportion to the available appropriated amount for such fiscal year as the
total amount of Federal Pell Grant funds awarded at the institution for the
preceding fiscal year bears to the total amount of Federal Pell Grant funds
awarded at all institutions participating under this part for the preceding
fiscal year.
‘‘(B) An amount equal to 50 percent of the amount that bears the same
proportion to the available appropriated amount for such fiscal year as the
total amount of the undergraduate student need at the institution for the
preceding fiscal year bears to the total amount of undergraduate student
need at all institutions participating under this part for the preceding fiscal
year.
‘‘(3) ELIGIBILITY FOR FAIR SHARE AMOUNT.—The Secretary may not allocate
funds under this subpart to any institution that, for 2 or more fiscal years dur-
ing any 3 fiscal year period beginning not earlier than the first day of the first
fiscal year that is 2 years after the date of the enactment of this paragraph,
has a student population with less than 7 percent of undergraduate students
who are recipients of Federal Pell Grants.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) AVERAGE COST OF ATTENDANCE.—The term ‘average cost of attendance’
has the meaning given the term in section 4202(e)(5)(B).
‘‘(2) UNDERGRADUATE STUDENT NEED.—The term ‘undergraduate student need’
means, with respect to an undergraduate student for an award year, the lesser
of the following:
‘‘(A) The total of the amount equal to (except the amount computed by
this clause shall not be less than zero)—
‘‘(i) the average cost of attendance for the award year, minus
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‘‘(ii) such undergraduate student’s expected family contribution (com-
puted in accordance with part F of this title) for the preceding award
year.
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91
‘‘(B) The total loan annual limit for a Federal Direct Unsubsidized Staf-
ford Loan and a Federal Direct Loan.’’.
SEC. 4044. EMERGENCY FINANCIAL AID GRANT PROGRAM.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.)
is amended by inserting after subpart 12, as added by section 4093, the following:
‘‘Subpart 13—Emergency Financial Aid Grants
‘‘SEC. 420DD. EMERGENCY FINANCIAL AID GRANT PROGRAM.
‘‘(a) EMERGENCY FINANCIAL AID GRANT PROGRAMS AUTHORIZED.—The Secretary
shall carry out a grant program to make grants, in accordance with subsection (c),
to eligible entities to provide emergency financial aid grants to students in accord-
ance with subsection (d).
‘‘(b) MATCHING FUNDS.—
‘‘(1) LIMITATION ON AMOUNT OF FEDERAL SHARE.—Except as provided in para-
graph (3), the Federal share of the cost of any emergency grant aid program
carried out under this section may not exceed 50 percent.
‘‘(2) LIMITATION.—Matching funds provided by an eligible entity under this
subsection may not include in-kind contributions.
‘‘(3) EXCEPTIONS.—The Federal share of the cost of an emergency grant aid
program carried out under this section shall equal 100 percent if the institution
carrying out the emergency grant aid is an institution of higher education eligi-
ble for assistance under title III or V.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—Each eligible entity desiring to carry out an emergency
grant aid program under this section shall submit an application to the Sec-
retary, at such time, in such manner, and containing such information as the
Secretary may require.
‘‘(2) OUTREACH.—The Secretary shall, at least 30 days before each deadline
to submit applications under paragraph (1), conduct outreach to institutions of
higher education described in subsection (b)(3) to provide such institutions with
information on the opportunity to apply under paragraph (1) to carry out an
emergency grant aid program under this section.
‘‘(3) CONTENTS.—Each application under paragraph (1) shall include a de-
scription of the emergency grant aid program to be carried out by the eligible
entity, including—
‘‘(A) an estimate of the number of emergency financial aid grants that
such entity will make in an award year and how such eligible entity as-
sessed such estimate;
‘‘(B) the criteria the eligible entity will use to determine an emergency
for which an eligible student will be eligible to receive an emergency finan-
cial aid grant;
‘‘(C) an assurance that an emergency for which an eligible student will
be eligible to receive an emergency financial aid grant will include financial
challenges that would directly impact the ability of an eligible student to
continue and complete the course of study of such student, including—
‘‘(i) a loss of employment, transportation, child care, utilities, or hous-
ing of the student;
‘‘(ii) a medical condition (including pregnancy) of the student, or a de-
pendent of the student;
‘‘(iii) with respect to the eligible student, food insecurity; and
‘‘(iv) in the case of an eligible student who is a dependent student—
‘‘(I) the death of a parent or guardian of such eligible student;
or
‘‘(II) a medical condition of the parent or guardian of such eligi-
ble student which results in the loss of employment of such parent
or guardian;
‘‘(D) a description of the process by which an eligible student may apply
and receive an emergency financial aid grant;
‘‘(E) an assurance that the eligible entity, when applicable, will make in-
formation available to eligible students about the eligibility of such stu-
dents and their dependents for assistance under the supplemental nutrition
assistance program under the Food and Nutrition Act of 2008 (7 U.S.C.
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2011 et seq.), the special supplemental nutrition program for women, in-
fants, and children under the Child Nutrition Act of 1966 (42 U.S.C. 1786),
and the program of block grants for States for temporary assistance for
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92
needy families established under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.);
‘‘(F) how the eligible entity will administer the emergency grant aid pro-
gram, including the processes the eligible entity will use to respond to ap-
plications, approve applications, and disburse emergency financial aid
grants outside of normal business hours;
‘‘(G) an assurance that the process by which an eligible student applies
for an emergency financial aid grant includes—
‘‘(i) to the extent practicable, an interview; and
‘‘(ii) at least one opportunity to appeal a denial of such a grant;
‘‘(H) an assurance that the eligible entity will acknowledge receipt of a
student’s request and distribute funds in a timely manner as determined
by the Secretary;
‘‘(I) a description of how the school intends to limit fraud or abuse; and
‘‘(J) any other information the Secretary may require.
‘‘(4) PRIORITY.—In selecting eligible entities to carry out an emergency grant
aid program under this section, the Secretary shall give priority to an eligible
entity in which at least 30 percent of the students enrolled at such eligible enti-
ty are eligible to receive a Federal Pell Grant.
‘‘(d) USE OF FUNDS.—
‘‘(1) IN GENERAL.—An eligible entity may only use funds provided under this
section to make emergency financial aid grants to eligible students.
‘‘(2) LIMITATIONS.—
‘‘(A) AMOUNT.—An emergency financial aid grant to an eligible student
may not be in an amount greater than $750.
‘‘(B) TOTAL AMOUNT.—The total amount of the Federal share of emer-
gency financial aid grants that an eligible student may receive from an eli-
gible entity may not exceed $2,000. An eligible student may receive an
amount under this section that would cause the amount of total financial
aid received by such student to exceed the cost of attendance of the institu-
tion of higher education in which the student is enrolled.
‘‘(e) REPORTING AND OVERSIGHT.—
‘‘(1) IN GENERAL.—Not less frequently than once annually, each eligible entity
that receives a grant under this subpart shall submit to the Secretary a report
on the progress of the eligible entity in carrying out the programs supported by
such grant.
‘‘(2) FORM OF REPORT.—The report under paragraph (1) shall be submitted to
the Secretary at such time, in such manner, and containing such information
as the Secretary may require. The Secretary shall issue uniform guidelines de-
scribing the information that shall be reported by grantees under such para-
graph.
‘‘(3) CONTENT OF REPORT.—The report under paragraph (1) shall include, at
minimum, the following:
‘‘(A) The number of students that received a grant, including the number
of students who received more than one grant.
‘‘(B) The average award amount awarded to eligible students.
‘‘(C) The types of emergencies declared and frequencies emergencies de-
clared by eligible students.
‘‘(D) The number of students that applied for emergency grant aid.
‘‘(E) The number of students that were denied such grants.
‘‘(F) The average amount of time it took an eligible entity to respond to
requests for emergency grant aid and average amount of time it took the
eligible entity to award or deny the emergency grant aid.
‘‘(G) Outcomes of the eligible students that received emergency grant aid,
including rates of persistence, retention, and completion, and a comparison
of such rates for such students as compared to such rates for Federal Pell
recipients at the institution.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an institution of high-
er education that on the date such entity receives a grant under this section,
is participating in the FSEOG program under subpart 3.
‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible student’ means a student who—
‘‘(A) is enrolled in an eligible entity on an at least half-time basis; and
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‘‘(B) who is making satisfactory academic progress.
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher edu-
cation’ has the meaning given the term in section 101.’’.
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Subpart 4—Special Programs for Students Whose Families
Are Engaged in Migrant and Seasonal Farmwork
SEC. 4051. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT
AND SEASONAL FARMWORK.
Section 418A(i) of the Higher Education Act of 1965 (20 U.S.C. 1070d–2(i)) is
amended by striking ‘‘2009’’ and inserting ‘‘2021’’.
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