[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4674 Reported in House (RH)]
<DOC>
Union Calendar No. 583
116th CONGRESS
2d Session
H. R. 4674
[Report No. 116-700]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 15, 2019
Mr. Scott of Virginia (for himself, Mrs. Davis of California, Mr.
Grijalva, Mr. Courtney, Ms. Fudge, Mr. Sablan, Ms. Wilson of Florida,
Ms. Bonamici, Mr. Takano, Ms. Adams, Mr. DeSaulnier, Mr. Norcross, Ms.
Jayapal, Mr. Morelle, Ms. Wild, Mr. Harder of California, Ms. Schrier,
Mrs. Hayes, Ms. Shalala, Mr. Levin of Michigan, Ms. Omar, Mr. Trone,
Mrs. Lee of Nevada, Mrs. Trahan, and Mr. Castro of Texas) introduced
the following bill; which was referred to the Committee on Education
and Labor
December 28, 2020
Additional sponsors: Mr. Quigley, Mr. Neguse, Mr. Garamendi, Mr.
Espaillat, Mr. McGovern, Ms. Meng, Mr. Schiff, Mr. Schrader, Mr.
Khanna, Ms. Bass, Mr. Thompson of California, Mr. Malinowski, Mr. San
Nicolas, Mr. Danny K. Davis of Illinois, Ms. Norton, Ms. Sewell of
Alabama, Mr. Swalwell of California, Ms. Lee of California, Mr.
Langevin, Mr. Carson of Indiana, Mrs. Napolitano, Mr. Cicilline, Ms.
Scanlon, Mr. Payne, Mrs. Beatty, Ms. Frankel, Ms. Castor of Florida,
Mr. Higgins of New York, Ms. Haaland, Mr. Panetta, Ms. Judy Chu of
California, Ms. Barragan, Mr. Garcia of Illinois, Mrs. Watson Coleman,
Mr. Vela, Mr. Sean Patrick Maloney of New York, Mr. Lowenthal, Ms.
Stevens, Mr. Lewis, Mr. Richmond, Mr. Huffman, Mrs. Dingell, Mr. Lujan,
Mr. Keating, Mr. Soto, Ms. Moore, Mr. Ryan, Mr. Kennedy, Ms. Eshoo, Ms.
Waters, Mr. Carbajal, Mr. Price of North Carolina, Mr. Blumenauer, Mr.
Pappas, Ms. Brownley of California, Mr. Cisneros, Mr. Brendan F. Boyle
of Pennsylvania, Ms. Garcia of Texas, Mr. Raskin, Mr. Gallego, Mr.
Cleaver, Mr. Casten of Illinois, Mr. Sires, Mr. Crist, Mrs. Lawrence,
Ms. Clarke of New York, Ms. Wasserman Schultz, Mr. Pascrell, Ms.
DelBene, Mr. Nadler, Mr. Serrano, Mr. Pocan, Mr. Suozzi, Mr. Engel, Mr.
DeFazio, Ms. Dean, Ms. Clark of Massachusetts, Ms. Johnson of Texas,
Ms. Slotkin, Mrs. Luria, Mr. Gomez, Mr. Kildee, Mr. Levin of
California, Mr. Horsford, Mr. Bishop of Georgia, Ms. Underwood, Ms.
Kuster of New Hampshire, Mr. Kim, Mr. Perlmutter, Ms. Schakowsky, Ms.
Sanchez, Mr. Cartwright, Mr. Smith of Washington, Ms. Jackson Lee, Mr.
Lawson of Florida, Mr. Rouda, Ms. Roybal-Allard, Mr. Lynch, Mr.
Thompson of Mississippi, Mrs. Carolyn B. Maloney of New York, Mr. Crow,
Mr. David Scott of Georgia, Mr. Rush, Mr. Yarmuth, Mr. Veasey, Mr.
Cardenas, Mr. Jeffries, Ms. Craig, Mr. Cohen, Mr. Ted Lieu of
California, Mr. Sherman, Ms. McCollum, Ms. Wexton, Mr. Cuellar, Mrs.
McBath, Mr. Connolly, Mr. Johnson of Georgia, Mrs. Bustos, Ms.
Velazquez, Ms. Kelly of Illinois, Mr. Krishnamoorthi, Ms. Lofgren, Mr.
Vargas, Mr. Cox of California, Mr. Moulton, Ms. DeGette, Mr. Foster,
Mr. Doggett, Mrs. Kirkpatrick, Mr. Neal, Ms. Davids of Kansas, Mr.
McEachin, Mr. Butterfield, and Ms. Sherrill
December 28, 2020
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on October
15, 2019]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
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.
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.
Part E--Federal Perkins Loans
Sec. 4401. Authorization of appropriations for Perkins loan.
Sec. 4402. Allocation of funds for Perkins loan.
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.
TITLE V--DEVELOPING INSTITUTIONS
Sec. 5001. Hispanic-serving institutions.
Sec. 5002. Promoting postbaccalaureate opportunities for Hispanic
Americans.
Sec. 5003. General provisions.
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 Programs.
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 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 provision of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.).
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 enactment 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 inserting ``; 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 education 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 Education 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 Education 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 effect 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 institution of higher education' means an institution
of higher education--
``(A) for which all obligations of the institution
are valid and binding obligations of a State (or of an
equivalent governmental entity); and
``(B) for which the full faith and credit of such
State (or equivalent governmental entity) is pledged
for the timely payment of such obligations.
``(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 foster 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, contract, subsidy, loan,
or guarantee, or through insurance or other means
(including 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 purposes 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 program 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 include--
``(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 subparagraph (A)(i),
the Secretary shall, at a minimum, establish
the requirements 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 on the median annual loan
payment for the loans made
under title IV and the private
education loans received for
such enrollment by such cohort;
``(cc) a determination of
the earnings amount for such
rate based on the mean or
median of the actual, student-
level annual 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 receive 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 Integrity: 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 actual, student-level
annual earnings for purposes of this
subparagraph, the Secretary shall obtain and
use the most appropriate available Federal 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 (including
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 established
under subparagraph (A)(i) has
been met); and
``(bb) in a case in which
the training program receives a
notice 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 education that
offers a training program is providing the
disclosures required under clause (i)(II).
``(2) Enforcement of requirements.--Not later than 2 years
after the Secretary 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
definition for most recent award year for which data are
available--
``(A) calculate the debt-to-earnings rate and
assess performance with respect to any other metric
established under paragraph (1)(A)(i) for the preceding
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.
(a) In General.--Section 117 of the Higher Education Act of 1965
(20 U.S.C. 1011f) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by adding at the end the
following: ``In this paragraph, 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 Education 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 inserting ``alcohol and substance misuse'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``a program to prevent the use of illicit
drugs and the abuse of alcohol by students and
employees 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, treatment, rehabilitation, recovery,
re-entry, or recovery support programs provided 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
(iii) by adding at the end the following:
``(C) compliance assistance to assist institutions
in complying with the requirements of this section.'';
(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 enactment of the College Affordability Act, the
Secretary shall enter into a interagency 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
evidence-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 between 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 College Affordability Act, the Secretary
shall, in coordination with the Secretary of Health and Human
Services, issue guidance with respect to the criteria described
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 ``evidence-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 illegal 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 appropriated to carry out this section
$15,000,000 for fiscal year 2021 and each of the 5 succeeding
fiscal years.''.
(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.
(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 section.''.
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 Secretary 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 institution of higher education under this Act, an
institution of higher education shall submit 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 associations, 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 education 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 education that submits such application
(other than ex officio members serving at the pleasure of the
remainder of the governing board and receiving a fixed salary),
or any person with the power to appoint or remove members of
such governing 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 application under such subsection,
there shall be a conclusive presumption that an entity (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 institution.
``(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
institution 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 the meaning given the term in section
102(b).
``(e) Value.--The term `value', with respect to an acquisition
under subsection (b)(2)--
``(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 conditions;
``(B) an independent financing of the acquisition
based upon the assets acquired; 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 Regulations, as in effect on the date of the
enactment of this section; and
``(3) shall be subject to such other demonstration process
determined appropriate by the Secretary in a case in which the
Secretary does not accept a demonstration process described in
paragraph (2).
``(f) Publication.--
``(1) Application.--Before the Secretary may approve the
conversion of an institution of higher education under
subsection (a), the application of such institution 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 Register.
``(g) Public Representation and Marketing of Nonprofit Status.--An
institution of higher education shall not promote or market itself, in
any manner, as a nonprofit 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 institution to a nonprofit
institution of higher education under this section;
``(B) an accrediting agency or association
recognized by the Secretary pursuant 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 College Affordability Act, the Secretary shall issue
revised guidance for institutions of higher education and financial aid
administrators regarding serving homeless individuals and foster care
youth, including the requirements of the determination process 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 described 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 Affordability 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
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.
``(d) Homeless Individual Defined.--In this section, the term
`homeless individual' has the meaning given the term in section
402A.''.
SEC. 1018. CALCULATION OF PERCENTAGE OF ENROLLED STUDENTS RECEIVING OR
ELIGIBLE 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
ELIGIBLE 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
students 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
subsection (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
Organizations.--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 prospective 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--
``(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 including academic
misconduct or nonacademic misconduct, or because the
organization'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 organization 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 reprimand, or any other
disciplinary action, coercive action, or sanction taken
by an institution of higher education or administrative
unit of such institution.
``(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 opportunity to apply
for financial assistance, a scholarship, a graduate
fellowship, 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 recommendation that may be
required by a student's current or future employer, 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 organization' means--
``(A) a social fraternity or sorority described in
section 501(c) of the Internal 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 membership 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 Affordability 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 year after the date of enactment of the College
Affordability Act, a net price calculator for an institution of
higher education shall, at a minimum, meet the following
requirements:
``(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
institution'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 primary 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 information:
``(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 program of
study, based on normal time for
completion of, or graduation 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 institution;
``(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 undergraduate
student enrolled in the institution;
and
``(VII) a statement of--
``(aa) the year for which
each cost described in this
clause applies; 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
student's) eligibility for veterans'
education benefits (as defined in
section 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
benefits 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 estimate a
student's eligibility for such
benefits; and
``(cc) includes a link to
an appropriate Federal website
that provides information about
such benefits.
``(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
calculator.--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 confidential. 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 Education 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 calculator that is housed within
the Department of Education, with Department branding,
and that may be based on or utilize an existing
platform developed 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 accordance with
subparagraph (B).
``(B) Consumer testing.--
``(i) In general.--If the Secretary
develops a universal net price calculator 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-
income 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 prospective
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 calculator.
``(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 Secretary added any
additional items to the calculator as a result
of such testing.
``(v) Authority to modify.--The Secretary
may modify the definitions, terms, formatting,
and design of the universal net price
calculator based on the results of consumer
testing required under this paragraph and
before finalizing the calculator.
``(8) Report from secretary.--Not later than 1 year after
the date of enactment of the College Affordability Act, the
Secretary shall submit a report to Congress on steps taken to
raise awareness of net price calculators among prospective
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 cohort default rate,''; and
(2) by adding at the end the following:
``(AA) The institution's expenditures on each of
the following:
``(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 Center for Education Statistics (referred
to in this subsection as the `Commissioner') shall
develop and maintain a secure, privacy-protected
postsecondary 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 analysis 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 provision of this section, to
the extent that another provision of this section
requires the same reporting or collection of data that
is required under this subsection, an institution of
higher education, or the Secretary or Commissioner, may
use the reporting or data required for the
postsecondary student 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 technology, 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 successor 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 frameworks, 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 minimum amount of
data is collected to meet the system's goals,
in accordance with Federal data minimization
standards and guidelines developed by the
National Institute of Standards and Technology;
and
``(vi) provide notice to students outlining
the data included in the system and how the
data are used.
``(2) Data elements.--
``(A) In general.--The Commissioner, in
consultation with the Postsecondary Student Data System
Advisory Committee established under subparagraph (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 Postsecondary Student Data
System Advisory Committee (referred to in this
subsection as the `Advisory Committee'), whose
members shall include--
``(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
minority-serving institutions;
``(IV) representatives from State
higher education agencies, entities,
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 Advisory Committee--
``(I) adheres to all requirements
under the Federal Advisory Committee
Act (5 U.S.C. App.);
``(II) establishes operating and
meeting procedures and guidelines
necessary to execute its advisory
duties; and
``(III) is provided with
appropriate staffing and resources to
execute 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 information within the surveys
designated by the Commissioner as `student-
related surveys' in the Integrated
Postsecondary Education Data System (IPEDS), as
such surveys are in effect on the day before
the date of enactment 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
aggregate instead of at the student level.
``(ii) Student-level data elements
necessary to allow for reporting student
enrollment, persistence, retention, transfer,
and completion measures for all credential
levels separately (including certificate,
associate, baccalaureate, and advanced degree
levels), within and across institutions 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 following 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))).
``(V) Age intervals.
``(VI) Gender.
``(VII) Program of study (as
applicable).
``(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, provided
that the collection of such information
complies with paragraph (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 section
402A(h));
``(II) economic status;
``(III) participation in
postsecondary remedial coursework or
gateway 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 implementation of the postsecondary
student data system described in this subsection, the
Commissioner, in consultation with the Advisory
Committee described 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
Federal 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
postsecondary 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 veterans.
``(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 benefits
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 subparagraph (A)
permit consistent reporting of the following categories
of data for all postsecondary students:
``(i) Enrollment, retention, transfer, and
completion outcomes for all postsecondary
students.
``(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, including 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
requirements for institutions
of higher education;
``(bb) minimize duplicative
reporting across or within
Federal agencies or
departments, including
reporting requirements
applicable to institutions of
higher education under the
Workforce 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 benefit 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 establishment of the
postsecondary student data system under this
subsection, the Commissioner, in consultation
with the Advisory Committee, shall review
methods for streamlining data collection from
institutions 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
sensitivity 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 information 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 Advisory Committee, shall
establish a process for students to request
access to only their personal information for
inspection and request corrections 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 available 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 necessary to
ensure that the data released to the public
cannot be used to identify specific
individuals; and
``(iv) provides users with appropriate
contextual factors to make comparisons, which
may include national median figures of the
summary aggregate information described in
subparagraph (C).
``(B) No personally identifiable information
available.--The summary aggregate information described
in this paragraph shall not include personally
identifiable information.
``(C) Summary aggregate information available.--The
summary aggregate information described in this
paragraph shall, at a minimum, include 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 paragraph (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
described 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 students
reported separately from Federal,
State, local, and institutional
sources, and cumulative debt,
disaggregated by each category
described in paragraph (2)(C)(ii) and
completion status.
``(v) Measures of postcollegiate student
outcomes, including employment 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 education
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 include 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 subchapter II of chapter 35 of
title 44, United States Code, specifying
security categorization under the Federal
Information Processing Standards, 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 information 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 information, with direct
identifiers removed, from the postsecondary
student 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 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 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 reports, 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 education body as designated by
the governor.
``(II) Feedback reports.--The
feedback reports provided under this
clause shall include program-level and
institution-level information from the
postsecondary student data system
regarding students who are associated
with the institution or, for State
representatives, 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 summary 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
outcomes for those students who enrolled at an
institution of higher education, including
postsecondary enrollment and college
completion, provided that those data protect
the privacy of individuals and that the State
data submitted to the Commissioner are not
stored in the postsecondary 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 appropriate
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, including 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 Federal 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 action against any student or a
student's family, including debt collection activity 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 system 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 construed to prevent the use of
individual categories of aggregate information 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 from using publicly-
available information in this data system for
commercial use.
``(6) Submission of data.--
``(A) Required submission.--Each institution of
higher education participating in a program under title
IV, or the assigned agent of such institution, 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 participating in a program under title
IV may voluntarily participate in the postsecondary
student data system under this subsection by collecting
and submitting data to the Commissioner, as the
Commissioner may request to carry out this subsection.
``(C) Personally identifiable information.--In
accordance with paragraph (2)(C)(i), if the submission
of an element of student-level data is prohibited under
paragraph (2)(F) (or otherwise prohibited by law), the
institution 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
postsecondary student data system described in this
subsection to willfully disclose to any person (except
as authorized by Federal law) such personally
identifiable information.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be subject 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 subparagraph (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
reviewed shall protect data from unauthorized access, use, and
disclosure, and shall include--
``(A) an audit capability, including mandatory and
regularly conducted audits;
``(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
accordance with the most recent Federal standards
developed by the National Institute of Standards and
Technology; and
``(F) protocols for managing a breach, including
breach notifications, in accordance 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 identifiable 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 Education Statistics shall take such steps as
are necessary to ensure that the transition to, and
implementation of, the postsecondary student data system
required 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 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 higher 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 innovative 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 inserting ``paperback, digital, and unbound'';
and
(4) in subsection (f)--
(A) in paragraph (1), by inserting ``accessing
lower-cost digital course materials 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
``delivery 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 following:
``(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 individual 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
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:
``(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 processes 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 students and their families.
``(E) To manage the costs of administering such
programs.
``(F) To increase the accountability of the
officials responsible for administering 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 evaluate 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 devices, 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
information technology systems;
``(ii) maintaining a reporting system for
contractors involved in the processing of
payments on Federal Direct Loans in order to
allow those contractors to alert the Secretary
of potentially improper use of Department
information technology systems;
``(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, rehabilitation, 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 purposes 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 information
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 enactment 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 objectives 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
Borrower Advocate, student aid experts, including
consumer advocacy and research groups, the Director of
the Bureau of Consumer Financial Protection, State
attorneys general, and other relevant parties.
``(C) Revisions.--The Secretary and Chief Operating
Officer may annually update the plan under paragraph
(1) to incorporate the recommendations 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 Federal 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 programs.
``(iii) Improving, integrating, and
investing in the systems that support such
programs.
``(iv) Developing open, common, and
integrated systems for such programs.
``(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 enactment of the College
Affordability Act and annually thereafter, the
Secretary, 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 accepted 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 (Public 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 compensation awarded to
the Chief Operating Officer and senior
managers.
``(viii) Recommendations for legislative
and regulatory changes to improve service to
students and their families, and to improve the
efficiency 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 paragraph (5) of subsection
(b) for making personnel and procurement
decisions 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, contractors, 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,
contractors, or third party servicers
disaggregated by entity and type of
violation.
``(xiii) A summary of any improvements made
with respect to transparency and any new types
of data made available in the preceding year.
``(xiv) A description of the progress made
in the preceding year towards the specific
measurable organization and individual goals
specified 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 Management 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 appropriate means to consult with
students, borrowers, institutions, student aid experts,
including consumer advocacy and research groups, the Director
of the Bureau 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 delivery system.
``(4) Briefing on enforcement of program integrity.--The
Secretary shall, at the request of the authorizing committees,
provide to the authorizing committees a briefing on the steps
the Department of Education has taken to ensure--
``(A) the experiences of students and borrowers are
accounted for in decision 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 contract
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 financial 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 follows through the period at
the end and inserting ``management ability, including
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 contracts 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
appointment 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 Department'' 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 annual rate of basic
pay. The decision to pay such a bonus, and the amount
of the bonus, shall be based solely on the Secretary's
evaluation of the performance of the Chief Operating
Officer with respect to the goals set forth in the
performance agreement as described in paragraph
(5)(A).'';
(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
agreements 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 Office 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 Advocate' 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 Secretary who shall communicate the reasons for any such
removal to the authorizing 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 contracts 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
appointment as the Borrower Advocate.
``(B) Postservice restrictions.--An individual who
served as the Borrower 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 responsibilities of the Office under this
subsection.
``(6) Duties of the borrower advocate.--The Office of the
Borrower Advocate 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 borrowers;
``(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 accrediting 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 authorized 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 knowledgeable
parties, including institutions of higher education,
child welfare agencies, local educational agency
liaisons for homeless individuals designated under
section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State
Coordinators for Education of Homeless Children and
Youth established in accordance with section 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 authorized under title
IV and the experiences of borrowers in repayment of
loans under such programs.
``(7) Public information.--The Chief Operating Officer
shall establish and maintain a public page on the website of
the Department of Education exclusively to provide members of
the public with information about the role of the 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 preceding 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 mitigate 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 enforcement unit (referred to
in this section as the `Unit') to review and investigate
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
Enforcement 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 Enforcement Officer
before the expiration of the Officer's term,
the Secretary shall submit to the authorizing
committees a report that explains 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 practices.
``(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 described 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 emergency
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 combination of
any of the actions described in
subclauses (I) though (IV);
``(ii) if the covered entity subject to
such allegation is an entity described in
clause (ii) of paragraph (8)(A), make
recommendations with respect to such covered
entity, including whether such covered entity
should be limited, suspended, or terminated
from administering or providing 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 determination of the Chief Enforcement Officer
under paragraph (3)(C), the Secretary shall decide whether or
not to pursue enforcement action against the entity concerned,
in accordance with the procedures established under section
487(c)(3). In a case in which the Chief Enforcement Officer
recommends enforcement action 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, respond 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 Officer 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 Secretary 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 referred; and
``(E) the number of such allegations that remain
under review or investigation 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 authorized under title IV;
``(ii) a contractor that contracts with the
PBO to provide services relating 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:
``(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 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-income families' means children described in
section 1124(c)(1)(A) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6333(c)(1)(A)).
``(4) Comprehensive literacy instruction.--The term
`comprehensive literacy 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 teaching 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 Secondary 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,
counselor, or paraprofessional.
``(10) Eligible partnership.--The term `eligible
partnership' means an entity--
``(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 program;
``(III) a partner institution;
``(IV) a school, department, or
program of education within such
partner institution, which may include
an existing teacher professional
development program with proven
outcomes within a four-year institution
of higher education that provides
intensive and sustained collaboration
between faculty and local educational
agencies 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 professional
development program with proven
outcomes within a four-year institution
of higher education that provides
intensive and sustained collaboration
between faculty and local educational
agencies 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 graduates 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
of 1965 (20 U.S.C. 6311(d)(2)); and
``(B) that may include any of the following:
``(i) The Governor of the State.
``(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 focuses on psychology
and human development.
``(xi) A school or department within the
partner institution for teacher or school
leader preparation with comparable expertise in
the disciplines 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 learning' 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 national, 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 relative, 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 subparagraph (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 finalization 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 geographic area
served by a high-need local educational agency.
``(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;
``(ii) for which not less than 40 percent of the
children served by the agency 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 Elementary 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 students 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 additional
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 approval 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 application 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
recent 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 program funded under part
A of title IV of the Social
Security Act; or
``(dd) eligible to receive
medical assistance under the
Medicaid program;
``(II) information about the
student academic achievement of
students at such school; and
``(III) for a secondary school, the
four-year adjusted cohort graduation
rate for such school.
``(18) Highly competent.--The term `highly competent', when
used with respect to an early childhood educator, means an
early childhood educator--
``(A) with specialized education and training in
development and education of young children from birth
until entry into kindergarten or a specialization in
infants and toddlers or pre-school children;
``(B) with a baccalaureate degree in an academic
major in an early childhood or related field; and
``(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.
``(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 effectiveness 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 researchers,
including through mentor observation and feedback, to
support the integration of evidence-based research and
practice.
``(E) The development of skills in evidence-based
instructional and behavioral supports and
interventions.
``(F) Programs to support the health and well-being
of teachers, particularly in high-need schools or high-
need local educational agencies. These may include
programs that focus on social emotional learning,
organizational 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 design for learning into the
classroom or school.
``(H) Interdisciplinary collaboration among teacher
leaders or school leaders, faculty or program staff,
researchers, and other staff who prepare new teachers
or school leaders with respect to, as applicable, the
learning process, the assessment of learning, or the
leadership of a school.
``(I) As applicable to the role, assistance with
understanding of the effective use of data,
particularly student achievement data, and the
applicability 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 student
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 climate 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 programs that focus on
social emotional learning, organizational
interventions, 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 the community
served by the school, preschool program, or
early childhood education program, including
with youth serving programs (such as before-
and after-school and summer programs); and
``(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 Individuals 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 effectiveness;
``(B) provides high-quality training for such
mentors, including instructional strategies for
culturally relevant teaching practices, literacy
instruction 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 educational 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 instructional and behavioral
interventions, including trauma-informed
practices; and
``(iv) the improvement of the mentees'
capacity to measurably advance 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 institution of higher education, which may include a
2-year institution of higher education offering a dual program
with a 4-year institution of higher education, participating in
an eligible partnership that has a teacher or school leader
preparation 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 teachers, which
shall include an assessment of each
prospective teacher'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 preparation
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 publication 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 standards or
demonstrate a record of success, as
determined by the institution
(including prior to entering and being
accepted into a program), and
participate in intensive clinical
experience;
``(II) each student in the program
preparing to become a teacher who meets
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 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 leadership as
demonstrated by--
``(I) a high percentage of such
graduates taking positions as assistant
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 Education Act
of 1965) or, if no such ratings are
available, other, comparable 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 (including 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 leadership 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 disabilities 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 certified and licensed to
teach by the State in which the teacher is
employed;
``(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 disabilities 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 accessible
technology; and
``(C) when used with respect to any other educator
not described in subparagraph (A) or (B), means an
educator who has completed an appropriate preparation
program and is fully certified or licensed by the State
in which 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 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 evaluation 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 comparable 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 integration 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 assessment;
``(ii) attains full State teacher,
principal, or school leader certification or
licensure;
``(iii) with respect to special education
teachers, meets 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
``(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 preparation 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 effective.
``(30) School leader preparation program.--The term `school
leader preparation program' means a program offered by a school
leader preparation entity, whether a traditional or alternative
route, that is approved by the State to prepare 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 evidenced-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 educator who carries out formalized leadership
responsibilities based on the demonstrated 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 learning;
``(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; promote the
appropriate use of assessments and data for
school and district improvement;
``(v) improve outreach and collaboration
with families and community;
``(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
challenging 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 learning that--
``(i) are based on empirically-based
practice and evidence-based research, 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 learners, students who are gifted and
talented, and students with low literacy
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 assessments,
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 students including effectively
manage a classroom creating a positive and inclusive
classroom environment, including the ability to
implement positive behavioral interventions, trauma-
informed care, and other support strategies;
``(G) support an inclusive learning environment
through culturally responsive 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
developmentally appropriate strategies and practices
for children and youth in early childhood education and
elementary school or secondary school programs,
respectively.
``(34) Teacher performance assessment.--The term `teacher
performance assessment' means a pre-service assessment used to
measure teacher performance 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 community 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
``(v) demonstrate cultural competencies
through curriculum planning and instruction.
``(C) validated based on professional assessment
standards;
``(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 organization that is approved
by a State to prepare teachers to be effective in the
classroom.
``(36) Teacher preparation program.--The term `teacher
preparation program' 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 Elementary 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 underrepresented 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
appropriate 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 ``professional 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
achievement;'';
(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 educator'' after
``other teacher''; and
(ii) in subparagraph (B), by inserting ``,
school leader, and other educator'' 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 following:
``(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 individualized education program teams, as
defined in section 614(d)(1)(B) of the Individuals with
Disabilities Education Act to ensure that students with
disabilities receive effective services, consistent
with the requirements of the Individuals with
Disabilities Education Act, that are needed for such
students 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 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 preparation 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 learning 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 elementary 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 applicable''
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 following:
``(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 content and local educational agencies'
evaluation systems with those standards; and'';
and
(vi) in subparagraph (M) (as so
redesignated), by inserting ``, principals or
other school leaders'' after ``teachers''; and
(F) in paragraph (7)--
(i) in the matter before subparagraph (A),
by striking ``under this section'' and
inserting ``under paragraphs (1)(B)(iv) and (3)
of subsection (d)'';
(ii) in subparagraph (A), by inserting ``as
applicable,'' before ``a demonstration''; and
(iii) in subparagraph (B), by striking
``scientifically valid'' and inserting
``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 preparation 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 subsection (b)(1).'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``limited English
proficient'' both places it appears and
inserting ``English learners''; and
(ii) by striking ``scientifically valid''
both places it appears and inserting
``evidence-based'';
(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 ``occupations,''; 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 residency 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 include
the following characteristics of successful programs:
``(i) The integration of pedagogy,
classroom practice and teacher mentoring.
``(ii) The exposure to principles of child
and youth development, and understanding and
applying principles of learning, behavior, and
community 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 guided 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
capacity 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
measures of teacher effectiveness, which shall
be based on, but not limited to, observations
of the following:
``(I) Planning and preparation,
including demonstrated knowledge of
content, pedagogy, and assessment,
including the use of formative,
summative, and diagnostic assessments
to inform instruction and improve
student learning.
``(II) Appropriate instruction that
engages all students.
``(III) Collaboration with
colleagues to improve instruction.
``(IV) Analysis of evidence of
student learning.
``(V) Collaboration and the
cultivation of relationships with
external stakeholders (which may
include professional disciplinary
organizations and nonprofit advocacy
organizations) to foster the sharing 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
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified 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 support 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 resident in a teaching
residency program under this paragraph, an
individual shall--
``(I) be a recent graduate of a 4-
year institution of higher education 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
criteria for the selection of eligible
individuals to participate in the teaching
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 residency 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 mechanism to
prepare principals and other school leaders for success
in high-need schools in the eligible partnership and
shall be designed to include the following
characteristics of successful programs:
``(i) Engagement of principal or other
school leader residents in rigorous graduate-
level coursework to earn an appropriate
advanced credential while undertaking a guided
principal or other school leader clinical
experience.
``(ii) Experience and learning
opportunities, including those that provide
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.
``(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:
``(I) Demonstrating awareness of,
and having experience with, the
knowledge, skills, and attitudes to--
``(aa) establish and
maintain a professional
learning community 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 development 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,
utilizing a combination of
academic study, developmental
simulation 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 performance, 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
performance.
``(IV) Supporting a culture of
learning, collaboration, and
professional 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 organizations
and nonprofit advocacy organizations,
to foster the sharing of evidence-based
resources to promote high-quality,
effective practices.
``(VII) Collecting, analyzing, and
utilizing data and other evidence of
student learning and evidence of
classroom practice to guide decisions
and actions for continuous improvement
and to ensure performance
accountability.
``(iv) The development of admissions goals
and priorities--
``(I) that are aligned with the
hiring objectives of the local
educational agency partnering with the
program, as well as the instructional
initiatives and curriculum of such
agency to hire qualified 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 individuals
from underrepresented populations in
school leadership positions.
``(v) Continued support for residents once
such residents are hired as principals or other
school leaders, through an induction program,
evidence-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-appropriate
educational practices, and networking
opportunities to support the residents through
not less than the residents' first 2 years of
serving as principal or other school leader of
a school.
``(B) Selection of individuals as principal or
other school leader residents.--
``(i) Eligible individual.--In order to be
eligible to be a principal or other school
leader resident in a principal or other school
leader residency program under this paragraph,
an individual shall--
``(I) have prior prekindergarten
through grade 12 teaching experience;
``(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
subsection 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, commitment 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 salary 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 applicant 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
educational 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
program, under this subsection shall require a
recipient of a stipend or salary under
subparagraph (A) who does not complete, or who
notifies the partnership that the recipient
intends not to complete, the service obligation
required by subparagraph (B) to repay such
stipend or salary to 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.
``(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 subparagraph (A) or for
deferral of a resident's service obligation
required by subparagraph (B), on grounds of
health, incapacitation, inability to secure
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 repayment received
under this subparagraph to carry out additional
activities 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
classroom teachers and who also carry out formalized leadership
responsibilities to increase the academic achievement of
students and promote data-driven instructional 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 available 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
education 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
applicable, 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 teacher 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 development
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 partnership after the program
concludes, which may include a description of
opportunities for the teacher leaders to assist in the
educator preparation program at the institution of
higher education in the partnership.
``(4) Selection of teacher leaders; use of funds.--In
carrying out a teacher 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
partnership; and
``(ii) based on selection criteria that
includes--
``(I) demonstration of strong
content knowledge or a record of
accomplishment 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 experience 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 credential 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
Programs.--
``(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' program to address subject or
geographic areas of teacher or school leader shortages 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 received under title IV, to
candidates and work in partnership with members of the
eligible partnership to provide academic, counseling,
and programmatic 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 organizations
representing educators and leaders and additional
stakeholders--
``(A) shall--
``(i) establish an advisory group to review
barriers impacting underrepresented populations
entering the teaching and school leadership
profession, identify local teacher and leader
workforce needs, develop policies on the
creation or expansion of Grow Your Own
programs, and provide guidance and oversight on
the implementation of such programs;
``(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 education preparation programs as
well as State licensure assessments;
``(v) include efforts, to the extent
feasible, to recruit current paraprofessionals,
as defined under section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801), instructional assistants, district
employees not certified to teach or lead (such
as long-term substitute 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 reflective of
the race, ethnicity, and native language of the
existing community'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 expert 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 period if such grant is
used to establish a teaching residency program, or a principal
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 program'';
(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 includes 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 amended 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 application, 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 performance
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 eligible partnership;
``(B) the percentage of profession-ready teachers,
principals, and other educators hired by the high-need local
educational agency who are members of 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 reading, science, technology,
engineering, mathematics, computer science, and foreign
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 language
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
secondary school levels;
``(F) as applicable, the percentage of early childhood
education program classes 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 partnership program able to--
``(i) integrate technology effectively into
curricula and instruction, including technology
consistent with the principles of universal design for
learning; and
``(ii) use technology effectively to collect,
manage, and analyze data to improve teaching and
learning for the purpose of improving student learning
outcomes; and
``(H) as applicable, the percentage of educators who have
completed the partnership 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: ``Institutional 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 entity approved to operate teacher
preparation or school leader preparation programs in the State
and that receives or enrolls students receiving Federal
assistance shall report annually to the State and the general
public, in a uniform and comprehensive manner that conforms
with the definitions and methods established 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 entity 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 preparation
program during the 2-year period preceding such
year, for each of such assessments--
``(I) the percentages of students
enrolled in the preparation program,
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 preparation program;
and
``(III) the average scaled score
for all students who took such
assessment.
``(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)
the pass rate and average score of students
taking the teacher performance assessment.
``(B) Entity information.--A description of the
following:
``(i) The median grade point average and
range of grade point averages for admitted
students.
``(ii) The number of students in the
entity, disaggregated by race, ethnicity, and
gender, except that such disaggregation shall
not be required 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 preparation required for
each program.
``(iv) The total number and percentage of
students who have completed programs for
certification or licensure disaggregated by
subject area and by race, ethnicity, gender,
income status, and language diversity
(graduates who have bilingual or dual language
immersion endorsements), except that such
disaggregation shall not be required in a case
in which the result would reveal personally
identifiable information 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 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).
``(vi) The 3- and 5-year teacher or school
leader retention rates, including, at a
minimum, in the same school and local
educational agency, 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 reveal
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 entities 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 period 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 information
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
required in a case in which the result would reveal
personally identifiable information about an individual
student.'';
(iii) by striking subparagraphs (G) through
(L) and inserting the following:
``(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 required 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 preparation 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
principals 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 degrees).
``(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 shortage 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 including, at a
minimum, in the same school and local
educational agency, 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 graduated 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 programs through the provision of technical assistance.
``(2) Provision of low-performing list.--Each State
described in paragraph (1) shall--
``(A) provide the Secretary and the general public
an annual list of low-performing teacher and school
leader preparation programs and an identification 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 assessment under
paragraph (1) shall be determined by the State in consultation
with a representative group of community stakeholders,
including, at a minimum, 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 candidates participating in traditional and alternative
route teacher or school leader 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 improvement 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 program 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 necessary, for students enrolled in the
program in the year prior to such closure.
``(d) Negotiated Rulemaking.--If the Secretary develops any
regulations implementing subsection (c)(2), the Secretary shall submit
such proposed regulations to a negotiated rulemaking process, which
shall include representatives of States, institutions 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 certification and licensure
programs.''.
SEC. 2009. GENERAL PROVISIONS.
Section 208(a) of the Higher Education Act of 1965 (20 U.S.C.
1022g(a)) is amended 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
recommendations to Congress on best practices with respect to elevating
the education profession that are evidence-based, reliable, and
verified by the field.
``(b) Establishment.--
``(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.
``(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 education.
``(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 teachers 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
activities;
``(C) review certification and credentialing
practices throughout the Nation including minimum
standards in each State, differences in types of
credentials, 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 authorizing
committees detailing the findings, recommendations, and
suggested set of comprehensive and rigorous
expectations.
``(3) Dissemination of information.--In carrying out the
study under paragraph (1), the Secretary shall, after the
release of the study, disseminate information 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 clearinghouse 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--
(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''.
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 Secretary 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 current 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 ambassadors who help students feel more welcome at
school or as role models.
``(4) Research consistently shows that increasing diversity
in the teaching profession can have positive impacts on student
educational experiences and outcomes. 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 student body
as a whole.
``SEC. 232. PURPOSE.
``The purpose of this subpart is to strengthen and expand the
recruitment, training, 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 education 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 institution (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) 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 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 subpart, the Secretary shall award grants, on a competitive basis,
to eligible institutions 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 profession-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 described 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 programs 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 programs 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 section
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, including 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 providing
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,
principals, 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 exceed
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 certification 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 accompanied by such information as the Secretary
may require.
``(d) Limitation on Administrative Expenses.--An eligible
institution that receives 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 necessary to carry out this subpart.
``Subpart 2--Preparing Well-Rounded Teachers
``SEC. 241. WELL-ROUNDED TEACHING GRANTS.
``(a) Findings.--Congress finds that--
``(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 management practices are
better prepared to create a supportive school climate and meet
the needs of all students, including English learners, racially
diverse students, 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 training on inclusive practices, culturally
responsive teaching, social and emotional learning
competencies, universal design for learning, and
nonexclusionary, positive 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 supportive 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 activities 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 degree, 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
requirements for certification obtained through
alternative routes to certification, 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 section--
``(1) shall use the grant funds to--
``(A) develop or strengthen an undergraduate,
postbaccalaureate, or master's teacher preparation
program by integrating special education pedagogy into
the general education curriculum and academic content
that results in applicable dual State certification for
teacher candidates who complete the program;
``(B) develop or strengthen an undergraduate,
postbaccalaureate, or master's teacher preparation
program by embedding social and emotional learning
strategies, inclusive practices, culturally responsive
teaching, and nonexclusionary, positive behavior-
management practices into the general education
curriculum and academic content;
``(C) provide teacher candidates participating in
the program under subparagraph (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, related services
providers, out-of-school time providers, and
parents, including 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 blended learning;
``(D) provide teacher candidates participating in
the program under subparagraph (B) with skills related
to--
``(i) social and emotional learning
competencies;
``(ii) positive behavior interventions and
supports or multitiered systems of support;
``(iii) trauma-informed care;
``(iv) evidenced-based restorative justice
practices; and
``(v) culturally responsive teaching and
anti-bias training that is evidence-based; and
``(E) provide extensive clinical experience for
participants described in subparagraphs (A) and (B)
with mentoring and induction support throughout the
program that continues during the first 2 years of
full-time teaching.
``(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 related 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 recommendations to the
Secretary regarding the selection of eligible
partnerships for such grants.
``(B) Membership.--Members of the peer review
committee shall be recognized experts in the fields of
special education, social and emotional learning,
teacher preparation, and general education and shall
not be in a position to benefit financially from any
grants awarded under this section.
``(g) Equitable Geographic Distribution.--In awarding grants under
this subpart, 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
determine--
``(i) the effectiveness of the general
education teachers who completed a program
under subsection (c)(1) with respect to
instruction of students with disabilities in
general education classrooms; and
``(ii) the systemic impact of the
activities carried out by such grant on how
each institution of higher education that is a
member of the partnership prepares teachers for
instruction in elementary schools and secondary
schools.
``(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 competitive basis, to eligible partnerships to improve the
preparation of teacher candidates 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 period 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 institution of higher education in partnership with a high-
need local educational agency or a high-need early childhood education
program.
``(e) Uses of Funds.--An eligible partnership that receives a grant
under this section 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 elementary
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 educational 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 credential, 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 preparation program at the institution of
higher education and the needs related to preparing teacher
candidates to instruct English learners in the manner described
in subsection (d)(2); and
``(2) a self-assessment by the eligible partnership of the
personnel needs for teachers who instruct English learners at
local, public prekindergarten programs, and elementary schools
and secondary schools.
``(g) Equitable Geographic Distribution.--In awarding grants under
this section, 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 evaluation conducted by the
partnership at the end of the grant period to determine--
``(A) the effectiveness of teachers who completed a
program under subsection (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 prekindergarten
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 COLLEGES OF EDUCATION.
``(a) Grants by Secretary.--From the amounts provided to carry out
this subpart, the Secretary shall award grants, on a competitive basis,
to eligible institutions 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 containing 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 subpart 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
alternative routes to certification, 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)).
``(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
degree in mathematics, engineering, science, or
computer science and is pursuing 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 institution 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 a
teacher preparation program; and
``(B) may not provide a graduate fellowship to an
otherwise eligible individual--
``(i) during periods in which such
individual is enrolled at an institution of
higher education unless such individual is
maintaining satisfactory academic progress in,
and devoting full-time study or research to,
the pursuit of the degree for which the
fellowship support was provided; or
``(ii) if the individual is engaged in
gainful employment, other than part-time
employment related to teaching, research, or a
similar activity 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
fellowships 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 demonstrated 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 fellowship 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 individual who has received a graduate
fellowship to, within 3 years of receiving a doctoral
degree, begin employment at an institution of higher
education that has a teacher preparation program, as
required by this section.
``(C) Agreement required.--Prior to receiving an
initial graduate fellowship 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
preparation program in accordance with subparagraph
(A).
``(D) Failure to comply.--If an individual who
receives a graduate fellowship award under this section
fails to comply with the agreement signed pursuant to
subparagraph (C), the sum of the amounts of any
graduate fellowship 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 accordance with
terms and conditions specified by the Secretary in
regulations under this subpart.
``(E) Modified service requirement.--The Secretary
may waive or modify 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 inequitable or represents a
substantial hardship. The Secretary may waive the
service requirement if compliance by the fellowship
recipient is determined 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 substantial 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 recipients 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 under this section may not use grant funds for general
operational overhead of the institution.
``Subpart 5--General Provisions
``SEC. 281. COMPETITIVE PRIORITY.
``In awarding grants under subparts 1 through 4, the Secretary
shall award competitive 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 fosters--
``(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 leaders; 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 receive 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 children 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 amended--
(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 instruction)
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 strengthening 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 improving
facilities for Internet or other innovative technologies,'';
(4) by redesignating paragraph (13) as paragraph (17); and
(5) by inserting after paragraph (12) the following:
``(13) Establishing community outreach programs that will
encourage elementary school and secondary school students to
develop the academic skills and the interest to pursue
postsecondary education.
``(14) The development, coordination, implementation, or
improvement of postsecondary 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 Career 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 programs 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 interest 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 instruction 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 academic skills and
the interest to pursue and succeed in postsecondary
education''; 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 provided 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 amended--
(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 carried 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 amended by inserting after section 316 (20 U.S.C.
1059c) the following:
``SEC. 316A. NATIVE AMERICAN LANGUAGE VITALIZATION AND TRAINING
PROGRAM.
``(a) Establishment.--
``(1) In general.--From the amount appropriated under
subsection (d), the Secretary shall establish the Native
American Language Vitalization and Training Program under which
the Secretary shall award grants, on a competitive basis, to
eligible institutions to promote the preservation,
revitalization, relevancy, 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 section, the Secretary shall
establish application requirements in such a manner 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 requirements described in subparagraph (A),
that the Secretary may prescribe, 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 Hawaiians, or Native American Pacific
Islanders, as appropriate, in the area served
by the institution, and how such plan is
consistent with the purposes 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 understanding and use
within that population and a description of the
manner in which the program will help preserve
and revitalize the relevant 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 community.
``(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 institution 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 institution that receives a grant under
this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated 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 institutions described in
subparagraphs (B) through (D) of subsection (e)(1)) for fiscal year
2021 and each of the 5 succeeding fiscal years.
``(e) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means--
``(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 institution, 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 Education 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 provided 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 Hawaiian-serving institution that
receives funds under this section shall concurrently
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 Education 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 eligible 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 instruction)
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 alternative route teacher
preparation''; and
(B) by striking ``preparation for teacher
certification'' and inserting ``preparation 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 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 African 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 interest 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 inserting 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,
unless--
``(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 academic
programs''.
(d) Professional or Graduate Institutions.--Section 326(c) of the
Higher Education 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 instruction)
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;
(2) in subparagraph (X), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(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 inserting ``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 inserting ``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 follows:
``(2) Report.--On an annual basis, the Advisory Board shall
prepare and submit 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 report
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 amended--
(1) in paragraph (1)(A)--
(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
(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 appears
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 appropriation 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 section 323(a);
and
``(ii) other activities, consistent with
the institution's comprehensive plan and
designed to increase the institution's capacity
to prepare students for careers in the physical
or natural sciences, mathematics, computer
science or information technology or sciences,
engineering, language instruction in the less-
commonly taught languages or international
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 amended--
(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
(F) in subparagraph (F), by striking
``$30,000,000'' and inserting ``$60,000,000'';
(3) in paragraph (2)--
(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 paragraph (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
subparagraph (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 subparagraph (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 specified 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; reduced by
``(bb) $5,135 or the
maximum Federal Pell Grant for
which a student was eligible
for the preceding award year,
as specified in the last
enacted appropriation Act
applicable to that year,
whichever is greater; and
``(cc) rounded to the
nearest $5.'';
(3) in subsection (f)--
(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
administrator 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
administrator 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 determination
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 amended--
(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 remedial 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 required for the
completion of the student's first undergraduate
baccalaureate 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 assertion 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 Act, as a result
of a determination by
the Secretary or a
court that the
institution committed
fraud or other
misconduct; or
``(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 PROGRAMS.
(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 eligible job
training programs approved by the Secretary in accordance with
paragraph (4).
``(2) Terms and conditions.--Each job training Federal Pell
Grant awarded under this subsection shall have the same terms
and conditions, and be awarded 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 student 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 student under subsection (c)(5) and to
the extent that such period was a fraction of a
semester or the equivalent, only that same fraction of
such semester 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 higher education
that the Secretary determines meets the following
requirements:
``(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 requirements 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 institution of higher
education and by such industry or sector
partnership to provide academic content, an
amount of instructional time, and a recognized
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
completes 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, including--
``(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 agreement); and
``(II) by ensuring that a student
who completes noncredit coursework in
the job training program, upon
completion of the job training program
and enrollment in such a related
certificate or degree 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 subparagraph
(C).
``(vi) The job training program is part of
a career pathway, and includes counseling for
students to--
``(I) support each such student in
achieving the student's education 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 preparation.
``(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 percent 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 association
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 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
Secretary may require, determine whether such
job training program continues 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
requirements 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 program 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 notification 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 established under section 132(l) or a successor
system (whichever includes the most recent data) to streamline
reporting requirements and minimize reporting burdens, 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
program, including the following:
``(A) The number and demographics of students who
enroll in the program.
``(B) The number of credits attempted and
accumulated annually by students 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 institution 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 certificate 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
professional 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 occupations 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.
``(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:
``(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. Perkins 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 postsecondary 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
postsecondary 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 Representatives 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 DEPENDENTS.
(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 student--
``(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 eligible
veteran's dependent to assist in paying the eligible
veteran's dependent'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 Afghanistan 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 calculation 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 determined by including all
Iraq and Afghanistan Service Grants received by the
eligible veteran's dependent, including such Grants
received under subpart 10 before the date of enactment
of the College Affordability Act; and
``(D) an Iraq and Afghanistan Service Grant to an
eligible veteran's dependent for any award year shall
equal the maximum Federal Pell Grant available under
subsection (b)(5) for that award year, except that an
Iraq and Afghanistan Service Grant--
``(i) shall not exceed the cost of
attendance of the eligible veteran's dependent
for that award year; and
``(ii) shall be adjusted to reflect the
attendance by the eligible veteran'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 subpart 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 following 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 enrollment 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 repeats 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 signal 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, withdrawal,
suspension, or termination of accreditation.
``(C) The institution provides each incarcerated
individual, upon completion of a course offered by the
institution, with academic credits that are the
equivalent to credits earned by non-incarcerated
students for an equivalent course of study.
``(D) The institution provides to the Secretary
confirmation from each facility involved that the
course of study offered by the institution at such
facility 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 incarcerated individual to access
the transcripts and any other educational records of
such individual held by the institution, without regard
to the facility 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 incarcerated 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 disability, for any
cost of the provision of reasonable
accommodations for the individual to
participate in a course of study offered by the
institution;
``(ii) in the case of such an individual
with an expected family contribution for an
award year that would not disqualify the
individual from receiving a Federal Pell Grant,
for any amount of the cost of attendance not
covered by the Federal Pell Grant or other
Federal assistance 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 contribution 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
simple 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, including--
``(I) the cost of attendance;
``(II) the mode of instruction
(such as distance education, in-person
instruction, or a combination of such
modes);
``(III) how enrollment in such
course of study will impact the period
of eligibility for Federal Pell Grants
for such an individual, including 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
confinement; 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).
``(ii) In the case of an institution that
offers a program to prepare incarcerated
individuals for gainful employment in a
recognized occupation (as such term is defined
in section 104)--
``(I) information on any applicable
State licensure and certification
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 incarcerated
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
permanently reside.
``(J) The institution submits the information
described in subparagraph (I) to each facility
involved, the Secretary, and the accrediting agency or
association 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 subsection, the
Secretary shall make an initial determination about
whether such institution meets the requirements of this
subsection, which shall include 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 continues 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, collect 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 institution 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
disseminate to institutions awarding Federal Pell Grants to
incarcerated individuals under this subsection, best practices
with respect to the postsecondary education 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 confinement 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 incarcerated
individual.''.
(b) Report on Impacts of Federal Pell Grants Awarded to
Incarcerated Individuals.-- Not later than 3 years after the date of
enactment of this Act, the Secretary 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 fiscal year for
which such minimum individual grant amount would result in
fewer than 2,780 grants awarded under this chapter, an
individual grant authorized 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 chapter, 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 disadvantaged students'';
and
(ii) by striking the last sentence;
(C) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively;
(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 provided 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 enactment 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 sole basis of a failure to meet
page limits and formatting standards
(including with respect to font size,
font style, font type, line spacing,
paragraph justification, and page
margins).
``(II) Treatment of technical
budget errors in applications.--
``(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 Secretary shall provide
notice and identification of an
error described in item (aa) to
the applicant before awarding
grants for each competition and
shall allow the applicant to
submit a revised 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 inserting a semicolon; and
(iii) by adding at the end the following:
``(E) documentation that the student has been determined
eligible for a Federal Pell Grant authorized under section 401;
or
``(F) for a grant authorized under section 402B or 402F of
this chapter, documentation 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 inserting 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, documentation 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 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
(iii) by striking ``prior experience of''
and inserting ``success in achieving'';
(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 college 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 college admission applications;'';
(iii) by redesignating subparagraphs (C),
(D), and (E), as subparagraphs (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 standardized 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 education; 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
enrolled'' 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 inserting the
following:
``(aa) the transfer of such
students to institutions of higher
education 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
``graduate study; and
``(v) the attainment of doctoral degrees by
former program participants within 10 years of
receiving the baccalaureate degree.''; and
(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
enrollment'';
(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 ``additional readers.'' and inserting
``current grantees, and to carry out the requirements
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 McKinney-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
individual'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 student 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 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 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 section 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 amended--
(1) in subsection (a)--
(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:
``(3) to advise such youths regarding the postsecondary
education selection process, including consideration of
financial aid awards offered, potential Federal 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 regarding 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 reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless individuals, including unaccompanied
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 amended--
(1) in subsection (b), by striking paragraphs (5) and (6)
and inserting the following:
``(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 process
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 reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless individuals, including unaccompanied
youth and foster care youth;
``(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 individuals and foster
care youth regarding the project; and
``(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 amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``limited English
proficient'' and inserting ``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 postsecondary education;'' and
inserting ``including--
``(A) financial planning for postsecondary
education, including loan burdens 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 reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless individuals, including unaccompanied
youth and foster care youth;
``(8) require that such entity submit, in 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, 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 covering 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--
``(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;
``(B) the amount of each such grant and the total
grant funds that an eligible 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 student
under section 472(8);
``(III) an allowance for actual or
expected expenses for transportation
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 subsection.
``(4) Determination of need.--A grant provided to a student
under this subsection 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 student 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 authorized under this section from the
amounts appropriated pursuant to the authority 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 amended--
(1) in subsection (b)(2)--
(A) by striking ``summer''; and
(B) by inserting ``or faculty-led research
experiences'' before the semicolon;
(2) in subsection (d)(4)--
(A) by striking ``summer''; and
(B) by inserting ``or faculty-led experiences who
have stipends'' after ``internships''; 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 amended--
(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, including--
``(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;
(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(4) require an assurance that the entity carrying out the
project has reviewed and revised policies and practices as
needed to remove barriers to the participation and retention in
the project of homeless individuals, including unaccompanied
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 individuals 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 inserting ``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
evaluation 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
programs 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-generation 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
programs 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 period; and
(B) by amending paragraph (2) to read as follows:
``(2) Practices.--The evaluations described in paragraph
(1) shall identify institutional, 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 postsecondary education; and
``(D) for programs and projects assisted under
section 402C, the characteristics of students who
benefit most from such programs and projects.''; and
(2) in subsection (d), by inserting ``, including the
authorizing committees'' before the period.
(b) Homeless Individuals and Foster Care Youth.--Section 402H of
the Higher Education Act of 1965 (20 U.S.C. 1070a-18) is further
amended by adding at the end the following:
``(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 includes--
``(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 inserting ``, 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 Affordability 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 replication 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 receives a grant under this
chapter shall not be eligible to receive an additional
grant under this chapter until after the date on which
the grant period 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
extension 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 inserting a semicolon;
and
(iii) by adding at the end the following:
``(K) provide an assurance that the eligible entity
has reviewed and revised policies and practices as
needed to remove barriers to the participation and
retention of homeless individuals (as defined in
section 402A) in 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
``(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
regarding 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 postsecondary
planning'' after ``supportive'';
(iii) in paragraph (10)--
(I) by redesignating subparagraphs
(E) through (K) as subparagraphs (F)
through (L), respectively;
(II) by inserting after
subparagraph (D) the following:
``(E) counseling or referral services to address
the behavioral, social-emotional, and mental health
needs of at-risk students;'';
(III) in subparagraph (I), as
redesignated by subclause (I), by
inserting ``, 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 participating 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, analyze, 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 reporting; and
``(C) apply evidence to improve programs and
evaluation under this chapter.
``(19) Facilitating the recruitment, participation, and
retention of homeless individuals (as defined in section 402A)
and foster care youth in the services provided 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 Homeless Assistance Act (42 U.S.C. 11301
et seq.)) to facilitate continued participation 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--
``(i) allowing continued participation when
such a student is no longer enrolled, on a
temporary basis, in a school served under this
chapter; or
``(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 individuals 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 completed 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 National 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 entity proposing to establish
or maintain a financial assistance program providing
scholarships for students assisted by the program of
the eligible entity under this chapter shall include a
plan regarding the financial application 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 students 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 offered by the
eligible entity under section
404D;
``(cc) meeting and
maintaining satisfactory
academic milestones; 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
eligible 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.'';
(C) in subsection (e)--
(i) by striking paragraph (1) and inserting
the following:
``(1) In general.--
``(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 scholarship plan
described in subsection (a)(1).
``(B) Interest use.--Interest earned on funds held
in reserve under subparagraph (A) may be used by the
eligible entity to administer the scholarship 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 enrollment,'' 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 education; and''; and
(D) in subsection (g)--
(i) in paragraph (3)--
(I) by inserting ``or, if the
eligible entity chooses, in another
program 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, consistent with the
eligible entity's scholarship plan as described
in subsection (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), respectively;
(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 section 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 Assistance'' 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) and (B), respectively,
and indenting the margins appropriately; and
(iv) before subparagraph (A) (as
redesignated by clause (iii)), by inserting the
following:
``(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, disseminate the results of the evaluation. Such
evaluation may include a separate analysis of--''; and
(7) in section 404H, by striking ``$400,000,000 for fiscal
year 2009'' and inserting ``$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
program 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 programs under section 420DD, there are allocated, from funds
authorized under paragraph (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 institution 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 subsection (a) for
fiscal year 2020, as such subsection was in
effect with respect to such fiscal year (in
this subparagraph referred to as `the 2020
amount for the institution'); or
``(ii) the fair share amount for the
institution determined under subsection (c);
``(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 subsection (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 subsection (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 subsection (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 subsection (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 institutions
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 institution are ratably reduced under
subparagraph (A) for a fiscal year and additional
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 institution for a fiscal year shall be equal to
the sum of the institution's undergraduate student need
described in paragraph (2) for the preceding fiscal year.
``(2) Institutional undergraduate student need
calculation.--The institutional 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 during 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
``(ii) such undergraduate student's
expected family contribution (computed in
accordance with part F of this title) for the
preceding award year.
``(B) The total loan annual limit for a Federal
Direct Unsubsidized Stafford 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 accordance with subsection (d).
``(b) Matching Funds.--
``(1) Limitation on amount of federal share.--Except as
provided in paragraph (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
eligible 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 Secretary, 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 description 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 assessed 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 financial 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 housing of the
student;
``(ii) a medical condition (including
pregnancy) of the student, or a dependent 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 eligible
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 information available to eligible
students about the eligibility of such students and
their dependents for assistance under the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, 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 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 program, including the processes
the eligible entity will use to respond to
applications, 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
entity 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 emergency financial aid grants that an
eligible student may receive from an eligible 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 institution 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 describing the
information that shall be reported by grantees under such
paragraph.
``(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 declared 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 higher 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
``(B) who is making satisfactory academic progress.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.''.
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''.
Subpart 5--Child Care Access Means Parents in School
SEC. 4061. CCAMPIS REAUTHORIZATION.
Section 419N of the Higher Education Act of 1965 (20 U.S.C. 1070e)
is amended--
(1) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``The amount'' and
inserting ``Except as provided in
subparagraph (C), the amount''; and
(II) by striking ``1 percent'' and
inserting ``2 percent'';
(ii) in subparagraph (B)(ii), by striking
``subsection (g)'' and inserting ``subsection
(h)''; and
(iii) by adding at the end the following:
``(C) Performance bonus.--
``(i) In general.--Notwithstanding
subparagraph (A), for any fiscal year for which
the amount appropriated under subsection (h) is
not less than $140,000,000, the Secretary may
pay a performance bonus to an eligible
institution of higher education.
``(ii) Maximum amount.--A bonus paid to an
eligible institution of higher education under
clause (i) for a fiscal year shall not exceed
an amount equal to 20 percent of the amount of
the annual grant payment received by the
institution under paragraph (3)(B) for the
fiscal year preceding the fiscal year for which
the bonus is paid.
``(iii) Use of bonus.--A bonus received by
an institution under clause (i) shall be used
by the institution in the same manner as a
grant under this section and shall be treated
as grant funds for purposes of the application
of paragraph (5), except that the Secretary may
extend the grant period as necessary for the
institution to use such bonus.
``(iv) Eligible institution of higher
education.--In this subparagraph, the term
`eligible institution of higher education'
means an institution of higher education that--
``(I) has received a grant under
this section for not less than the
period of three consecutive fiscal
years preceding the fiscal year in
which the bonus is paid under clause
(i);
``(II) for each such preceding
fiscal year, has met or exceeded the
performance levels established by the
institution for such year under
subsection (e)(1)(B)(v); and
``(III) has demonstrated the need
for such bonus.'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``4
years'' and inserting ``5 years''; and
(ii) in subparagraph (B), by striking
``subsection (e)(2)'' and inserting
``subsection (e)(3)''; and
(C) by amending paragraph (5) to read as follows:
``(5) Use of funds.--Grant funds under this section shall
be used by an institution of higher education to support or
establish a campus-based child care program primarily serving
the needs of low-income students enrolled at the institution of
higher education. Grant funds under this section may be used to
provide the following services to the extent necessary to
enable low-income students enrolled at the institution of
higher education to pursue postsecondary education--
``(A) evening, summer, weekend and before and after
school services; and
``(B) services to expectant parents, such as the
provision of information regarding the relationship
between prenatal health and early child development and
the administration of a home visit closely following
the birth of the child.'';
(2) by amending subsection (c) to read as follows:
``(c) Applications.--
``(1) In general.--An institution of higher education
desiring a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. Such
application shall--
``(A) demonstrate that the institution is an
eligible institution described in subsection (b)(4);
``(B) specify the amount of funds requested;
``(C) demonstrate the need of low-income students
at the institution for campus-based child care services
by including in the application--
``(i) information regarding student
demographics, including the share of students
enrolled full-time;
``(ii) an assessment of child care capacity
on or near campus;
``(iii) information regarding the waiting
lists for child care services on or near
campus;
``(iv) information regarding additional
needs created by concentrations of poverty or
by geographic isolation;
``(v) information about the number of low-
income student parents being served through
campus-based child care services; and
``(vi) other relevant data;
``(D) specify the estimated percentage of the
institution's grant that will be used directly to
subsidize the fee charged for on-campus and off-campus
childcare, respectively, for low-income students;
``(E) contain a description of the activities to be
assisted, including whether the grant funds will
support an existing child care program or a new child
care program;
``(F) identify the resources, including technical
expertise and financial support, that the institution
will draw upon to support the child care program and
the participation of low-income students in the program
(such as accessing social services funding, using
student activity fees to help pay the costs of child
care, using resources obtained by meeting the needs of
parents who are not low-income students, and accessing
foundation, corporate, or other institutional support)
and demonstrate that the use of the resources will not
result in increases in student tuition;
``(G) contain an assurance that the institution
will meet the child care needs of low-income students
through the provision of services, or through a
contract for the provision of services;
``(H) describe the extent to which the child care
program will coordinate with the institution's early
childhood education curriculum, to the extent the
curriculum is available, to meet the needs of the
students in the early childhood education program at
the institution, and the needs of the parents and
children participating in the child care program
assisted under this section;
``(I) in the case of an institution seeking
assistance for a new child care program--
``(i) provide a timeline, covering the
period from receipt of the grant through the
provision of the child care services,
delineating the specific steps the institution
will take to achieve the goal of providing low-
income students with child care services;
``(ii) specify any measures the institution
will take to assist low-income students with
child care during the period before the
institution provides child care services; and
``(iii) include a plan for identifying
resources needed for the child care services,
including space in which to provide child care
services, and technical assistance if
necessary;
``(J) contain an assurance that any child care
facility assisted under this section will meet the
applicable State and local government licensing,
certification, approval, or registration requirements;
``(K) in the case of an institution that is awarded
a grant under this section after the date of the
enactment of the College Affordability Act, provide an
assurance that, not later than three years after the
date on which such grant is awarded, any child care
facility assisted with such grant will--
``(i) meet Head Start performance standards
under subchapter B of chapter 13 of title 45,
Code of Federal Regulations (as in effect on
the date of enactment of the College
Affordability Act) and any successor
regulations;
``(ii) be in the top tier of the quality
rating improvement system for such facilities
used by the State in which the facility is
located;
``(iii) meet the licensing requirements of
the State in which the facility is located and
the quality requirements under the Child Care
and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.); or
``(iv) be accredited by a national early
childhood accrediting body with demonstrated
valid and reliable program quality standards;
``(L) contain an assurance that the institution,
when applicable, will make information available to
students receiving child care services provided under
this section about the eligibility of such students and
their dependents for assistance under the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), the
special supplemental nutrition program for women,
infants, 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 needy families
established under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.);
``(M) contain an abstract summarizing the contents
of such application and how the institution intends to
achieve the purpose under subsection (a); and
``(N) contain an assurance that the institution
will provide information on the institution's website
regarding the availability of child care subsidies for
student parents and the dependent care cost allowance
available to parents with dependent children in
accordance with section 472.
``(2) Technical assistance.--The Secretary may provide
technical assistance to eligible institutions to help such
institutions qualify for, apply for, and maintain a grant under
this section.'';
(3) in subsection (d)--
(A) in the matter preceding paragraph (1), by
striking ``to institutions of higher education that
submit applications describing programs that'';
(B) by amending paragraph (1) to read as follows:
``(1) based on the extent to which institutions of higher
education that submit applications for such a grant leverage
local or institutional resources, including in-kind
contributions, to support the activities assisted under this
section;'';
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by inserting after paragraph (1), the
following:
``(2) to institutions of higher education that, compared to
other institutions of higher education that submit applications
for such a grant, demonstrate a high likelihood of need for
campus-based child care based on student demographics (such as
a high proportion of low-income students or independent
students); and''; and
(E) in paragraph (3) (as redesignated by
subparagraph (C)), by inserting ``to institutions of
higher education that submit applications describing
programs that'' before ``utilize''; and
(4) in subsection (e)--
(A) in paragraph (1)(B)--
(i) by redesignating clauses (ii), (iii),
and (iv) as clauses (vi), (vii), and (viii),
respectively; and
(ii) by striking the semicolon at the end
of clause (i) and inserting the following:
``which shall include--
``(I) the number of full- and part-
time students, respectively, receiving
child care services under this section
at least once per week during the
academic year;
``(II) the number of credits
accumulated by students receiving such
child care services; and
``(III) the number of students
receiving child care services under
this section at least once per week
during the academic year who--
``(aa) remain enrolled at
the institution during the
academic year for which they
received such services;
``(bb) enroll at the
institution for the following
academic year; and
``(cc) graduate or transfer
within--
``(AA) 150 percent
of the normal time for
completion of a
student's four-year
degree granting
program; or
``(BB) 200 percent
of the normal time for
completion of a
student's two-year
degree-granting
program;
``(ii) with respect to the total student
enrollment at the institution and the total
enrollment of low-income students at the
institution, respectively--
``(I) the rate at which students
who complete an academic year at the
institution re-enroll in the
institution for the following academic
year; and
``(II) the percentage of students
graduating or transferring within--
``(aa) 150 percent of the
normal time for completion of a
student's four-year degree
granting program; or
``(bb) 200 percent of the
normal time for completion of a
student's two-year degree
granting program;
``(iii) the percentage of the institution's
grant that was used directly to subsidize the
fee charged for on-campus and off-campus
childcare, respectively, for low-income
students;
``(iv) whether the institution restricts
eligibility for child care services to only
full-time students;
``(v) the sufficiently ambitious levels of
performance established for such year by the
institution that demonstrate meaningful
progress and allow for meaningful evaluation of
program quality based on the information in
clauses (i)(III) and (iii);'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Report.--
``(A) Report required.--On an annual basis, the
Secretary shall submit to the authorizing committees a
report that includes--
``(i) a summary of the information
described in paragraph (1); and
``(ii) each abstract submitted under
subsection (c)(1)(M) by an institution of
higher education that receives a grant under
this section.
``(B) Public availability.--The Secretary shall
make each report submitted under subparagraph (A)
publicly available.'';
(D) in paragraph (3), as so redesignated, by
inserting ``(other than the information provided under
subparagraph (B)(v) of such paragraph)'' after
``paragraph (1)''; and
(E) by adding at the end the following:
``(4) Technical assistance.--The Secretary shall provide
technical assistance to institutions of higher education
receiving grants under this section to help such institutions
meet the reporting requirements under this subsection.''; and
(5) in subsection (g), by striking ``such sums as may be
necessary for fiscal year 2009'' and inserting ``$200,000,000
for fiscal year 2021''.
Subpart 6--Jumpstart to College Grant Programs
SEC. 4071. JUMPSTART TO COLLEGE GRANT PROGRAMS.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is further amended by inserting after subpart 7 the
following:
``Subpart 8--Jumpstart to College
``SEC. 419O. DEFINITIONS.
``In this subpart:
``(1) Eligible entity.--The term `eligible entity' means an
institution of higher education in partnership with one or more
local educational agencies (which may be an educational service
agency). Such partnership may also include other entities such
as nonprofit organizations or businesses, and schools in
juvenile detention centers.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101 (20 U.S.C. 1001).
``(3) ESEA terms.--The terms `dual or concurrent enrollment
program', `early college high school', `educational service
agency', `four-year adjusted cohort graduation rate', `local
educational agency', `secondary school', and `State' have
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(4) Low-income student.--The term `low-income student'
means a student counted under section 1124(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
``(5) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 3 of the Workforce Innovation and Opportunity
Act (29 U.S.C. 3102).
``SEC. 419P. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
``(a) In General.--To carry out this subpart, there are authorized
to be appropriated $250,000,000 for fiscal year 2021 and each of the
five succeeding fiscal years.
``(b) Reservations.--From the funds appropriated under subsection
(a) for each fiscal year, the Secretary shall reserve--
``(1) not less than 40 percent for grants to eligible
entities under section 419Q;
``(2) not less than 55 percent for grants to States under
section 419R; and
``(3) not less than 5 percent for national activities under
section 419T.
``SEC. 419Q. GRANTS TO ELIGIBLE ENTITIES.
``(a) In General.--The Secretary shall award grants to eligible
entities, on a competitive basis, to assist such entities in
establishing or supporting an early college high school or dual or
concurrent enrollment program in accordance with this section.
``(b) Duration.--Each grant under this section shall be awarded for
a period of 6 years.
``(c) Grant Amount.--The Secretary shall ensure that the amount of
each grant under this section is sufficient to enable each grantee to
carry out the activities described in subsection (h), except that a
grant under this section may not exceed $2,000,000.
``(d) Matching Requirement.--
``(1) In general.--For each year that an eligible entity
receives a grant under this section, the entity shall
contribute matching funds, in the amounts described in
paragraph (2), for the activities supported by the grant.
``(2) Amounts described.--The amounts described in this
paragraph are--
``(A) for each of the first and second years of the
grant period, 20 percent of the grant amount;
``(B) for each of the third and fourth years of the
grant period, 30 percent of the grant amount;
``(C) for the fifth year of the grant period, 40
percent of the grant amount; and
``(D) for the sixth year of the grant period, 50
percent of the grant amount.
``(3) Determination of amount contributed.--
``(A) In-kind contributions.--The Secretary shall
allow an eligible entity to meet the requirements of
this subsection through in-kind contributions.
``(B) Non-federal sources.--Not less than half of
each amount described in paragraph (2) shall be
provided by the eligible entity from non-Federal
sources.
``(e) Supplement, Not Supplant.--An eligible entity shall use a
grant received under this section only to supplement funds that would,
in the absence of such grant, be made available from other Federal,
State, or local sources for activities supported by the grant, not to
supplant such funds.
``(f) Priority.--In awarding grants under this section, the
Secretary shall give priority to eligible entities that--
``(1) propose to establish or support an early college high
school or other dual or concurrent enrollment program that will
serve a student population of which not less than 51 percent
are low-income students;
``(2) include a local educational agency which serves a
high school that is--
``(A) identified for comprehensive support and
improvement under section 1111(c)(4)(D)(i) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(c)(4)(D)(i)); or
``(B) implementing a targeted support and
improvement plan as described in section 1111(d)(2) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(d)(2));
``(3) are from States that provide assistance to early
college high schools or other dual enrollment programs, such as
assistance to defray the costs of higher education (including
costs of tuition, fees, and textbooks); and
``(4) propose to establish or support an early college high
school or dual or concurrent enrollment program that meets
quality standards established by--
``(A) a nationally recognized accrediting agency or
association that offers accreditation specifically for
such programs; or
``(B) a State process specifically for the review
and approval of such programs.
``(g) Equitable Distribution.--The Secretary shall ensure, to the
extent practicable, that eligible entities receiving grants under this
section--
``(1) are from a representative cross section of--
``(A) urban, suburban, and rural areas; and
``(B) regions of the United States; and
``(2) include both two-year and four-year institutions of
higher education.
``(h) Uses of Funds.--
``(1) Mandatory activities.--
``(A) In general.--An eligible entity shall use
grant funds received under this section--
``(i) to support the activities described
in its application under subsection (i);
``(ii) to create and maintain a coherent
system of supports for students, teachers,
principals, and faculty under the program,
including--
``(I) college and career readiness,
academic, and social support services
for students; and
``(II) professional development for
secondary school teachers, faculty, and
principals, and faculty from the
institution of higher education,
including--
``(aa) joint professional
development activities; and
``(bb) activities to assist
such teachers, faculty, and
principals in using effective
parent and community engagement
strategies and to help ensure
the success of students
academically at risk of not
enrolling in or completing
postsecondary education, first-
generation college students,
and students described in
section 1111(b)(2)(B)(xi) of
the Elementary and Secondary
Education Act of 1965 (20
U.S.C. 6311(b)(2)(B)(xi));
``(iii) to carry out liaison activities
among the partners that comprise the eligible
entity pursuant to an agreement or memorandum
of understanding documenting commitments,
resources, roles, and responsibilities of the
partners consistent with the design of the
program;
``(iv) for outreach programs to ensure that
secondary school students and their families,
including students academically at risk of not
enrolling in or completing postsecondary
education, first-generation college students,
and students described in section
1111(b)(2)(B)(xi) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(B)(xi)), are--
``(I) aware of, and recruited into,
the early college high school or dual
or concurrent enrollment program; and
``(II) assisted with the process of
enrolling and succeeding in the early
college high school or dual or
concurrent enrollment program, which
may include providing academic support;
``(v) to collect, share, and use data (in
compliance with section 444 of the General
Education Provisions Act (20 U.S.C. 1232g)) for
program improvement and program evaluation; and
``(vi) to review and strengthen its program
to maximize the potential that students
participating in the program will eventually
complete a recognized postsecondary credential,
including by optimizing--
``(I) the curriculum of the
program;
``(II) the use of high-quality
assessments of student learning, such
as performance-based, project-based, or
portfolio assessments that measure
higher-order thinking skills;
``(III) the sequence of courses
offered by the program; and
``(IV) the alignment of academic
calendars between the secondary schools
and the institution of higher education
participating in the program.
``(B) New programs.--In the case of an eligible
entity that uses a grant under this section to
establish an early college high school or dual or
concurrent enrollment program, the entity shall use
such funds during the first year of the grant period--
``(i) to design the curriculum and sequence
of courses in collaboration with, at a
minimum--
``(I) faculty from the institution
of higher education;
``(II) teachers and faculty from
the local educational agency; and
``(III) in the case of a career and
technical education program, employers
or workforce development entities to
ensure that the program is aligned with
labor market demand;
``(ii) to develop and implement an
articulation agreement between the institution
of higher education and the local educational
agency that governs how secondary and
postsecondary credits will be awarded under the
program; and
``(iii) to carry out the activities
described in subparagraph (A).
``(2) Allowable activities.--An eligible entity may use
grant funds received under this section to support the
activities described in its application under subsection (i),
including by--
``(A) purchasing textbooks and equipment that
support the program's curriculum;
``(B) pursuant to the assurance provided by the
eligible entity under subsection (i)(3)(A), paying
tuition and fees for postsecondary courses taken by
students under the program;
``(C) incorporating work-based learning
opportunities (other than by paying wages of students)
into the program (which may include partnering with
entities that provide such opportunities), including--
``(i) internships;
``(ii) career-based capstone projects;
``(iii) pre-apprenticeships and registered
apprenticeships provided by eligible providers
of apprenticeship programs described in section
122(a)(2)(B) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(a)(2)(B)); and
``(iv) work-based learning opportunities
provided under chapters 1 and 2 of subpart 2 of
part A of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1070a-11 et seq.);
``(D) providing students with transportation to and
from the program;
``(E) paying costs for--
``(i) high school teachers to obtain the
skills, credentials, or industry certifications
necessary to teach for the institution of
higher education participating in the program;
or
``(ii) postsecondary faculty to become
certified to teach high school; or
``(F) providing time during which secondary school
teachers and faculty and faculty from an institution of
higher education can collaborate, which may include
professional development, the planning of team
activities for such teachers and faculty and curricular
design and student assessment
``(i) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Contents of application.--The application under
paragraph (1) shall include, at minimum, a description of--
``(A) the partnership that comprises the eligible
entity, including documentation of partner commitments,
resources and budget, roles, and responsibilities;
``(B) how the partners that comprise the eligible
entity will coordinate to carry out the mandatory
activities described in subsection (h)(1);
``(C) the number of students intended to be served
by the program and demographic information relating to
such students;
``(D) how the eligible entity's curriculum and
sequence of courses form a program of study leading to
a recognized postsecondary credential;
``(E) how postsecondary credits earned will be
transferable to institutions of higher education within
the State, including any applicable statewide transfer
agreements and any provisions of such agreements that
are specific to dual or concurrent enrollment programs;
``(F) how the eligible entity will conduct outreach
to students;
``(G) how the eligible entity will determine the
eligibility of students for postsecondary courses,
including an explanation of the multiple factors the
entity will take into account to assess the readiness
of students for such courses; and
``(H) the sustainability plan for the early college
high school or other dual or concurrent enrollment
program.
``(3) Assurances.--The application under paragraph (1)
shall include assurances from the eligible entity that--
``(A) students participating in a program funded
with a grant under this section will not be required to
pay tuition or fees for postsecondary courses taken
under the program;
``(B) postsecondary credits earned by students
under the program will be transcribed upon completion
of the required course work; and
``(C) instructors of postsecondary courses under
the program will meet the same standards applicable to
other faculty at the institution of higher education
that is participating in the program.
``SEC. 419R. GRANTS TO STATES.
``(a) In General.--The Secretary shall award grants to States, on a
competitive basis, to assist States in supporting or establishing early
college high schools or dual or concurrent enrollment programs.
``(b) Duration.--Each grant under this section shall be awarded for
a period of 6 years.
``(c) Grant Amount.--The Secretary shall ensure that the amount of
each grant under this section is sufficient to enable each grantee to
carry out the activities described in subsection (f).
``(d) Matching Requirement.--For each year that a State receives a
grant under this section, the State shall provide, from non-Federal
sources, an amount equal to 50 percent of the amount of the grant
received by the State for such year to carry out the activities
supported by the grant.
``(e) Supplement, Not Supplant.--A State shall use a grant received
under this section only to supplement funds that would, in the absence
of such grant, be made available from other Federal, State, or local
sources for activities supported by the grant, not to supplant such
funds.
``(f) Uses of Funds.--
``(1) Mandatory activities.--A State shall use grant funds
received under this section to--
``(A) support the activities described in its
application under subsection (g);
``(B) plan and implement a statewide strategy for
expanding access to early college high schools and dual
or concurrent enrollment programs for students who are
underrepresented in higher education to raise statewide
rates of secondary school graduation, readiness for
postsecondary education, and completion of recognized
postsecondary credentials, with a focus on students
academically at risk of not enrolling in or completing
postsecondary education;
``(C) identify any obstacles to such a strategy
under State law or policy;
``(D) provide technical assistance (either directly
or through a knowledgeable intermediary) to early
college high schools and other dual or concurrent
enrollment programs, which may include--
``(i) brokering relationships and
agreements that forge a strong partnership
between elementary and secondary and
postsecondary partners; and
``(ii) offering statewide training,
professional development, and peer learning
opportunities for school leaders, instructors,
and counselors or advisors;
``(E) identify and implement policies that will
improve the effectiveness and ensure the quality of
early college high schools and dual or concurrent
enrollment programs, such as eligibility and access,
funding, data and quality assurance, governance,
accountability, and alignment policies;
``(F) update the State's requirements for a student
to receive a regular high school diploma to align with
the challenging State academic standards and entrance
requirements for credit-bearing coursework as described
in subparagraphs (A) and (D) of section 1111(b)(1) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(1));
``(G) incorporate indicators regarding student
access to and completion of early college high schools
and dual or concurrent enrollment programs into the
school quality and student success indicators included
in the State system of annual meaningful
differentiation as described under section
1111(c)(4)(B)(v)(I) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(c)(4)(B)(v)(I));
``(H) disseminate best practices for early college
high schools and dual or concurrent enrollment
programs, which may include best practices from
programs in the State or other States;
``(I) facilitate statewide secondary and
postsecondary data collection, research and evaluation,
and reporting to policymakers and other stakeholders;
and
``(J) conduct outreach programs to ensure that
secondary school students, their families, and
community members are aware of early college high
schools and dual or concurrent enrollment programs in
the State.
``(2) Allowable activities.--A State may use grant funds
received under this section to--
``(A) establish a mechanism to offset the costs of
tuition, fees, standardized testing and performance
assessment costs, and support services for low-income
students, and students from underrepresented
populations enrolled in early college and high schools
or dual or concurrent enrollment;
``(B) establish formal transfer systems within and
across State higher education systems, including two-
year and four-year public and private institutions, to
maximize the transferability of college courses;
``(C) provide incentives to school districts that--
``(i) assist high school teachers in
getting the credentials needed to participate
in early college high school programs and dual
or concurrent enrollment; and
``(ii) encourage the use of college
instructors to teach college courses in high
schools;
``(D) support initiatives to improve the quality of
early college high school and dual or concurrent
enrollment programs at participating institutions,
including by assisting such institutions in aligning
programs with the quality standards described in
section 419Q(f)(3);
``(E) support the development, implementation, and
strengthening of Advanced Placement and International
Baccalaureate programs especially at high schools with
low levels of participation by low-income students and
underrepresented students in such programs; and
``(F) reimburse low-income students to cover part
or all of the costs of an Advanced Placement or
International Baccalaureate examination.
``(g) State Applications.--
``(1) Application.--To be eligible to receive a grant under
this section, a State shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Contents of application.--The application under
paragraph (1) shall include, at minimum, a description of--
``(A) how the State will carry out the mandatory
State activities described in subsection (f)(1);
``(B) how the State will ensure that any programs
funded with a grant under this section are coordinated
with programs under--
``(i) the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2301
et seq.);
``(ii) the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.);
``(iii) the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
and
``(iv) the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.);
``(C) how the State intends to use grant funds to
address achievement gaps for each category of students
described in section 1111(b)(2)(B)(xi) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b)(2)(B)(xi));
``(D) how the State will access and leverage
additional resources necessary to sustain early college
high schools or other dual or concurrent enrollment
programs;
``(E) how the State will identify and eliminate
barriers to implementing effective early college high
schools and dual or concurrent enrollment programs
after the grant expires, including by engaging
businesses and nonprofit organizations; and
``(F) such other information as the Secretary
determines to be appropriate.
``SEC. 419S. REPORTING AND OVERSIGHT.
``(a) In General.--Not less frequently than once annually, each
State and eligible entity that receives a grant under this subpart
shall submit to the Secretary a report on the progress of the State or
eligible entity in carrying out the programs supported by such grant.
``(b) Form of Report.--The report under subsection (a) 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 describing the information that shall be
reported by grantees under such subsection.
``(c) Contents of Report.--
``(1) In general.--The report under subsection (a) shall
include, at minimum, the following:
``(A) The number of students enrolled in the early
college high school or dual or concurrent enrollment
program.
``(B) The number and percentage of students
reimbursed by the State for part or all of the costs of
an Advanced Placement or International Baccalaureate
examination and the student test scores.
``(C) The number and percentage of students
enrolled in the early college high school or dual or
concurrent enrollment program who earn a recognized
postsecondary credential concurrently with a high
school diploma.
``(D) The number of postsecondary credits earned by
eligible students while enrolled in the early college
high school or dual or concurrent enrollment program
that may be applied toward a recognized postsecondary
credential.
``(E) The number and percentage of students who
earn a high school diploma.
``(F) The number and percentage of graduates who
enroll in postsecondary education.
``(2) Categories of students.--The information described in
each of subparagraphs (A) through (G) of paragraph (1) shall be
set forth separately for each category of students described in
section 1111(b)(2)(B)(xi) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)).
``SEC. 419T. NATIONAL ACTIVITIES.
``(a) Reporting by Secretary.--Not less frequently than once
annually, the Secretary shall submit to Congress a report that
includes--
``(1) an analysis of the information received from States
and eligible entities under section 419S;
``(2) an identification of best practices for carrying out
programs supported by grants under this subpart; and
``(3) the results of the evaluation under subsection (b).
``(b) National Evaluation.--Not later than 6 months after the date
of the enactment of the College Affordability Act, the Secretary shall
seek to enter into a contract with an independent entity to perform an
evaluation of the grants awarded under this subtitle. Such evaluation
shall apply rigorous procedures to obtain valid and reliable data
concerning student outcomes by social and academic characteristics and
monitor the progress of students from secondary school to and through
postsecondary education.
``(c) Technical Assistance.--The Secretary shall provide technical
assistance to States and eligible entities concerning best practices
and quality improvement programs in early college high schools and dual
or concurrent enrollment programs and shall disseminate such best
practices among eligible entities, States, and local educational
agencies.
``(d) Administrative Costs.--From amounts reserved to carry out
this section under section 419P(b)(3), the Secretary may reserve such
sums as may be necessary for the direct administrative costs of
carrying out the Secretary's responsibilities under this subtitle.
``SEC. 419U. RULES OF CONSTRUCTION.
``(a) Employees.--Nothing in this subpart shall be construed to
alter or otherwise affect the rights, remedies, and procedures afforded
to the employees of local educational agencies (including schools) or
institutions of higher education under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
``(b) Graduation Rate.--A student who graduates from an early
college high school supported by a grant under section 419Q within 100
percent of the normal time for completion described in the eligible
entity's application under such section shall be counted in the four-
year adjusted cohort graduation rate for such high school.''.
Subpart 7--TEACH Grants
SEC. 4081. REVISED DEFINITIONS OF TEACH GRANTS.
Section 420L of the Higher Education Act of 1965 (20 U.S.C. 1070g)
is amended by adding at the end the following:
``(4) Teacher preparation program.--The term `teacher
preparation program' means a State-approved course of study
provided by an institution of higher education, the completion
of which signifies that an enrollee has met all the State's
educational or training requirements for initial certification
or licensure to teach in the State's elementary schools or
secondary schools.''.
SEC. 4082. REVISIONS TO ESTABLISHING TEACH GRANT PROGRAM.
Section 420M of the Higher Education Act of 1965 (20 U.S.C. 1070g-
1) is amended--
(1) in subsection (a)(1)--
(A) by striking ``an application'' and inserting
``a Free Application for Federal Student Aid authorized
under section 483(a)''; and
(B) by striking ``in the amount of'' and all that
follows through the period at the end and inserting the
following: ``except as provided in subsection (d)(4),
in the amount of--
``(A) $8,000, to be available to a teacher
candidate who is enrolled as an undergraduate junior at
the eligible institution;
``(B) $8,000, to be available to a teacher
candidate who is enrolled as an undergraduate senior at
the eligible institution; and
``(C) $4,000, to be available to a teacher
candidate who is enrolled in the first or second year
of an associate's degree program and intends to teach
in an early childhood education program.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``undergraduate''
each place it appears and inserting ``associate,
undergraduate,''; and
(B) by adding at the end the following:
``(4) Associate degree students.--
``(A) Maximum amount for associate degree study.--
The period during which an associate degree student
intending to teach in an early childhood education
program may receive grants under this subpart shall be
the period required for the completion of an
associate's degree course of study pursued by the
teacher candidate at the eligible institution at which
the teacher candidate is in attendance, except that the
total amount that a teacher candidate may receive under
this subpart for an associate's degree course of study
shall not exceed $8,000.
``(B) Effect on further undergraduate or post-
baccalaureate study.--In the case of a teacher
candidate intending to teach in an early childhood
education program who receives a grant under this
subpart for an associate's degree course of study and
who seeks to receive a grant described in subparagraph
(A) or (B) of subsection (a)(1), the amount of such
grant shall be equal to--
``(i) one half of the amount that is equal
to $16,000, minus the amount the teacher
candidate received under this subpart for the
associate's degree course of study of such
candidate, to be available to a teacher
candidate who is enrolled as an undergraduate
junior at the eligible institution; and
``(ii) one half of the amount that is equal
to $16,000, minus the amount the teacher
candidate received under this subpart for the
associate's degree course of study of such
candidate, to be available to a teacher
candidate who is enrolled as an undergraduate
senior at the eligible institution.''.
SEC. 4083. REVISIONS TO TEACH GRANT AGREEMENTS TO SERVE AND
ELIGIBILITY.
Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g-
2) is amended--
(1) in subsection (a)--
(A) in the heading of paragraph (2), by striking
``Demonstration of teach'' and insert ``Teach'';
(B) in paragraph (2)(A)(ii)(II), by striking
``batteries in an undergraduate, post-baccalaureate, or
graduate school admissions test'' and inserting
``assessments used for admission to an undergraduate,
post-baccalaureate, or graduate school program'';
(C) in paragraphs (2)(B)(i), by striking ``or
another high-need'' and inserting ``early childhood
education, or another high-need''; and
(D) in paragraph (2)(B)(ii), by striking ``, such
as Teach for America,'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting
before the semicolon at the end the following:
``or in a high-need early childhood education
program (as defined in section 200(15))'';
(ii) in subparagraph (C)--
(I) by striking ``or'' at the end
of clause (vi);
(II) by redesignating clause (vii)
as clause (viii);
(III) by inserting after clause
(vi), as so amended, the following:
``(vii) early childhood education; or'';
and
(IV) in clause (viii), as so
redesignated, by adding ``and'' at the
end;
(iii) in subparagraph (D)--
(I) by inserting ``or early
childhood education program'' after
``school''; and
(II) by striking ``and'' at the
end; and
(iv) by striking subparagraph (E);
(B) by striking ``and'' at the end of paragraph
(2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following:
``(4) the Secretary will--
``(A) notify, or ensure that the applicable loan
servicer will notify, the applicant of--
``(i) the date on which submission of the
certification under paragraph (1)(D) is
required; and
``(ii) any failure to submit such
certification; and
``(B) allow employers and borrowers to use
electronic signatures to certify such employment.'';
(3) in subsection (c)--
(A) by striking ``In the event'' and inserting the
following:
``(1) In general.--Subject to paragraph (2), in the
event''; and
(B) by adding at the end the following:
``(2) Clarification.--
``(A) Application.--Paragraph (1) may only apply
with respect to a recipient of a grant under this
subpart if--
``(i) after completing the course of study
for which the recipient received the grant,
such recipient does not serve as a full-time
teacher as required under subsection (b)(1) for
at least--
``(I) 1 year, as certified under
subsection (b)(1)(D) on a date that is
not later than 5 years after the date
such course of study was completed;
``(II) 2 years, as certified under
subsection (b)(1)(D) on a date that is
not later than 6 years after the date
such course of study was completed;
``(III) 3 years, as certified under
subsection (b)(1)(D) on a date that is
not later than 7 years after the date
such course of study was completed; or
``(IV) 4 years, as certified under
subsection (b)(1)(D) on a date that is
not later than 8 years after the date
such course of study was completed; or
``(ii) the recipient elects to have such
grant treated as a loan in accordance with such
paragraph (1).
``(B) Appeal.--A recipient of a grant may appeal a
decision to convert a loan under paragraph (1).''; and
(4) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph
(5);
(B) in paragraph (1), by striking ``subsection
(b)(1)(C)(vii)'' and inserting ``subsection
(b)(1)(C)(viii)''; and
(C) by inserting after paragraph (1), the
following:
``(2) Change of school description or program definition.--
If a recipient of an initial grant under this subpart teaches
in a school or an early childhood education program for an
academic year during which the school is identified as a school
described in section 465(a)(2)(A) or a program that meets the
definition of section 200(15), but the school or program no
longer meets such description or definition during a subsequent
academic year, the grant recipient may fulfill the service
obligation described in subsection (b)(1) by continuing to
teach at that school or program.
``(3) Change of teacher duties or assignment.--If a
recipient of an initial grant under this subpart teaches as a
full-time teacher described in subsection (b)(1)(A), but the
recipient no longer meets such description during a subsequent
academic year due to switching academic roles to that of a
full-time co-teacher, teacher leader, instructional or academic
coach, department chairperson, special education case manager,
guidance counselor, or school administrator within a school or
program, the grant recipient may fulfill the service obligation
described in subsection (b)(1) by continuing to work in any
such academic role on a full-time basis at that school or
program.
``(4) Change in high-need field status.--If a recipient of
an initial grant under this subpart teaches in a field at a
school or an early childhood education program for an academic
year during which the field is designated under subsection
(b)(1)(C)(viii), but the field no longer is so designated
during a subsequent academic year, the grant recipient may
fulfill the service obligation described in subsection (b)(1)
by continuing to teach in such field at such school or early
childhood education program.''.
SEC. 4084. REVISIONS TO TEACH GRANT DATA COLLECTION AND REPORTING.
Section 420P of the Higher Education Act of 1965 (20 U.S.C. 1070g-
4) is amended to read as follows:
``SEC. 420P. DATA COLLECTION AND REPORTING.
``(a) Data Collection.--
``(1) Aggregate student data.--On an annual basis, using
the postsecondary student data system established under section
132(l) or a successor system (whichever includes the most
recent data) to streamline reporting requirements and minimize
reporting burdens, and in coordination with the National Center
for Education Statistics, the Secretary shall determine,
disaggregate in accordance with paragraph (2), and make
available to the public in accordance with paragraph (3), with
respect to each institution (and each category of institution
listed in section 132(d)) that received a payment under this
subpart in the previous academic year, the following
information:
``(A) The number and mean dollar amount of TEACH
Grants awarded to students at the institution.
``(B) The number and proportion of TEACH Grant
recipients who exit their program of study before
completing the program.
``(C) The number and proportion of TEACH Grant
recipients who complete their program of study and
begin employment as a teacher in the first academic
year following the year of such completion.
``(D) The number and proportion of individuals
employed as teachers who received a TEACH Grant and
whose TEACH Grants are converted into loans during the
8-year period following the year in which the recipient
completed the recipient's program of study, set forth
separately for each year in such period.
``(E) The number and proportion of TEACH Grant
recipients who fulfill the terms of their agreement to
serve under section 420N(b) during the 8-year period
following the year in which the recipient completed the
recipient's program of study, set forth separately for
each year in such period.
``(2) Disaggregation.--The information determined under
paragraph (1)--
``(A) except in cases in which such disaggregation
would reveal personally identifiable information about
an individual student, shall be disaggregated by--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) socioeconomic status;
``(v) Federal Pell Grant eligibility
status;
``(vi) status as a first-generation college
student (as defined in section 402A(h));
``(vii) military or veteran status;
``(viii) disability status;
``(ix) level of study (associate,
undergraduate, postbaccalaureate, or graduate,
as applicable); and
``(x) each teacher preparation program
offered by an institution; and
``(B) may be disaggregated by any combination of
subgroups or descriptions described in subparagraph
(A).
``(3) Availability of data.--The information determined
under paragraph (1) shall--
``(A) remain available to the public for a period
of not less than 10 years after its initial release by
the Secretary; and
``(B) be updated as necessary to reflect the most
accurate and up-to-date information for each
institution for each year of data collection.
``(b) Information From Institutions.--Each institution that
receives a payment under this subpart shall provide to the Secretary,
on an annual basis, such information as may be necessary for the
Secretary to carry out subsection (a).
``(c) Reports and Dissemination.--
``(1) Initial and interim reports.--Not later than 3 years
after the date on which the first TEACH Grant is awarded under
this subpart after the date of enactment of the College
Affordability Act, and at least once every 3 years thereafter,
the Secretary shall submit to the authorizing committees a
report that includes the information required under paragraph
(2).
``(2) Elements.--Each report under this subsection shall
include, based on information determined under subsection (a),
the following:
``(A) A review of the utilization of TEACH Grants
at teacher preparation programs at institutions that
received a payment under this subpart.
``(B) A review of TEACH Grant practices that
correlate with higher rates of completion of agreements
under section 420N(b).
``(C) Guidance and recommendations on how effective
utilization of TEACH Grants can be replicated.
``(3) Availability.--Each report under this subsection
shall be made available to the public in an accessible format--
``(A) on a website of the Department of Education;
and
``(B) in any other format determined to be
appropriate by the Secretary.''.
Subpart 8--Northern Mariana Islands and American Samoa College Access
SEC. 4091. NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA COLLEGE ACCESS.
Subpart 10 of part A of title IV (20 U.S.C. 1070(h)) is amended to
read as follows:
``Subpart 10--Northern Mariana Islands and American Samoa College
Access
``SEC. 420R. PUBLIC SCHOOL GRANTS.
``(a) Purpose.--It is the purpose of this subpart to establish a
program that enables college-bound residents of the Northern Mariana
Islands and American Samoa to have greater choices among institutions
of higher education.
``(b) Grants.--
``(1) In general.--From amounts appropriated under
subsection (j), the Secretary shall provide--
``(A) 50 percent of such amount to the Northern
Mariana Islands for the Governor to award grants to
eligible institutions that enroll eligible students to
pay the difference between the tuition and fees charged
for in-State students and the tuition and fees charged
for out-of-State students on behalf of each eligible
student enrolled in the eligible institution; and
``(B) 50 percent of such amount to the American
Samoa for the Governor to award grants to eligible
institutions that enroll eligible students to pay the
difference between the tuition and fees charged for in-
State students and the tuition and fees charged for
out-of-State students on behalf of each eligible
student enrolled in the eligible institution.
``(2) Maximum student amounts.--The amount paid on behalf
of an eligible student under this section shall be--
``(A) not more than $15,000 for any one award year
(as defined in section 481); and
``(B) not more than $45,000 in the aggregate.
``(3) Proration.--The Governor shall prorate payments under
this section for students who attend an eligible institution on
less than a full-time basis.
``(c) Reduction for Insufficient Appropriations.--
``(1) In general.--If the funds appropriated pursuant to
subsection (j) for any fiscal year are insufficient to award a
grant in the amount determined under subsection (a) on behalf
of each eligible student enrolled in an eligible institution,
then the Governor, in consultation with the Secretary of
Education, shall--
``(A) first, ratably reduce the amount of the
tuition and fee payment made on behalf of each eligible
student who has not received funds under this section
for a preceding year; and
``(B) after making reductions under subparagraph
(A), ratably reduce the amount of the tuition and fee
payments made on behalf of all other eligible students.
``(2) Adjustments.--The Governor, in consultation with the
Secretary of Education, may adjust the amount of tuition and
fee payments made under paragraph (1) based on--
``(A) the financial need of the eligible students
to avoid undue hardship to the eligible students; or
``(B) undue administrative burdens on the Governor.
``(3) Further adjustments.--Notwithstanding paragraphs (1)
and (2), the Governor may prioritize the making or amount of
tuition and fee payments under this subsection based on the
income and financial need of eligible students.
``(d) Definitions.--In this subpart:
``(1) Eligible institution.--The term `eligible
institution' means an institution that--
``(A) is a public four-year institution of higher
education located in one of the several States, the
District of Columbia, Puerto Rico, the United States
Virgin Islands, or Guam;
``(B) is eligible to participate in the student
financial assistance programs under title IV; and
``(C) enters into an agreement with the Governors
of the Northern Mariana Islands and American Samoa
containing such conditions as each Governor may
specify, including a requirement that the institution
use the funds made available under this section to
supplement and not supplant assistance that otherwise
would be provided to eligible students from the
Northern Mariana Islands and American Samoa.
``(2) Eligible student.--The term `eligible student' means
an individual who--
``(A) graduated from a public institution of higher
education located in the Northern Mariana Islands or
American Samoa;
``(B) begins the individual's course of study
within the 3 calendar years (excluding any period of
service on active duty in the Armed Forces or service
under the Peace Corps Act (22 U.S.C. 2501 et seq.) or
subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12571 et seq.)) of
graduation from a public institution of higher
education located in the Northern Mariana Islands or
American Samoa;
``(C) is enrolled or accepted for enrollment, on at
least a half-time basis, in a baccalaureate degree or
other program (including a program of study abroad
approved for credit by the institution at which such
student is enrolled) leading to a recognized
educational credential at an eligible institution;
``(D) if enrolled in an eligible institution, is
maintaining satisfactory progress in the course of
study the student is pursuing in accordance with
section 484(c); and
``(E) has not completed the individual's first
undergraduate baccalaureate course of study.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) Governor.--The term `Governor' means the Governor of
the Commonwealth of the Northern Mariana Islands or American
Samoa.
``(e) Construction.--Nothing in this subpart shall be construed to
require an institution of higher education to alter the institution's
admissions policies or standards in any manner to enable an eligible
student to enroll in the institution.
``(f) Applications.--Each student desiring a tuition payment under
this section shall submit an application to the eligible institution at
such time, in such manner, and accompanied by such information as the
eligible institution may require.
``(g) Administration of Program.--
``(1) In general.--Each Governor shall carry out the
program under this section in consultation with the Secretary.
Each Governor may enter into a grant, contract, or cooperative
agreement with another public or private entity to administer
the program under this section if the Governor determines that
doing so is a more efficient way of carrying out the program.
``(2) Policies and procedures.--Each Governor, in
consultation with institutions of higher education eligible for
participation in the program authorized under this section,
shall develop policies and procedures for the administration of
the program.
``(3) Memorandum of agreement.--Each Governor and the
Secretary shall enter into a Memorandum of Agreement that
describes--
``(A) the manner in which the Governor shall
consult with the Secretary with respect to
administering the program under this section; and
``(B) any technical or other assistance to be
provided to the Governor by the Secretary for purposes
of administering the program under this section (which
may include access to the information in the common
financial reporting form developed under section 483).
``(h) Governor's Report.--Each Governor shall report to the
Secretary and the authorizing committees annually regarding--
``(1) the number of eligible students attending each
eligible institution and the amount of the grant awards paid to
those institutions on behalf of the eligible students;
``(2) the extent, if any, to which a ratable reduction was
made in the amount of tuition and fee payments made on behalf
of eligible students; and
``(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students for each year.
``(i) GAO Report.--Not later than 24 months of the date of the
enactment of this College Affordability Act, the Comptroller General of
the United States shall report on the effect of the program assisted
under this section on educational opportunities for eligible students.
The Comptroller General shall analyze whether eligible students had
difficulty gaining admission to eligible institutions because of any
preference afforded to in-State residents by eligible institutions, and
shall expeditiously report any findings regarding such difficulty to
Congress. In addition the Comptroller General shall--
``(1) analyze and identify any challenges eligible students
face in gaining admission to eligible institutions, including
admission aided by assistance provided under this subpart, due
to--
``(A) caps on the number of out-of-State students
the institution will enroll;
``(B) significant barriers imposed by academic
entrance requirements (such as grade point average and
standardized scholastic admissions tests); and
``(C) absence of admission programs benefitting
minority students; and
``(2) report the findings of the analysis described in
paragraph (1) and the assessment described in paragraph (2) to
Congress and the Governor.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Commonwealth of the Northern Mariana Islands and
American Samoa to carry out this subpart $5,000,000, to be available
until expended, for fiscal year 2021 and each of the 5 succeeding
fiscal years.
``(k) Effective Date.--This subpart shall take effect with respect
to payments for periods of instruction that begin on or after January
1, 2021.
``SEC. 420S. GENERAL REQUIREMENTS.
``(a) Personnel.--The Secretary shall arrange for the assignment of
an individual, pursuant to subchapter VI of chapter 33 of title 5,
United States Code, to serve as an adviser to each Governor with
respect to the programs assisted under this subpart.
``(b) Administrative Expenses.--Each Governor may use not more than
5 percent of the funds made available for a program under section 420R
for a fiscal year to pay the administrative expenses of a program under
section 420R for the fiscal year.
``(c) Inspector General Review.--Each of the programs assisted
under this subpart shall be subject to audit and other review by the
Inspector General of the Department of Education in the same manner as
programs are audited and reviewed under the Inspector General Act of
1978 (5 U.S.C. App.).
``(d) Gifts.--The Governor may accept, use, and dispose of
donations of services or property for purposes of carrying out this
subpart.
``(e) Maximum Student Amount Adjustments.--Each Governor shall
establish rules to adjust the maximum student amounts described in
section 440S(b)(2) for eligible students described in section
440S(d)(2) who transfer between the eligible institutions described in
section 440S(d)(1).''.
Subpart 9--Student Success
SEC. 4092. COMMUNITY COLLEGE STUDENT SUCCESS GRANT PROGRAM AUTHORIZED.
Part A of title IV (20 U.S.C. 1070 et seq.) is further amended by
adding at the end the following:
``Subpart 11--Community College Student Success
``SEC. 420T. COMMUNITY COLLEGE STUDENT SUCCESS GRANT PROGRAM
AUTHORIZED.
``From the amounts appropriated under 420BB, the Secretary of
Education shall establish and carry out the community college student
success grant program to award grants under sections 420U and 420V, on
a competitive basis, to eligible institutions to plan and implement
community college student success programs designed to increase--
``(1) the rate at which program participants graduate from
a program of study at such eligible institution within 150
percent of the normal time for graduation; and
``(2) transfer rates of program participants.
``SEC. 420U. GRANTS TO PLAN COMMUNITY COLLEGE STUDENT SUCCESS PROGRAMS.
``(a) Planning Grants Authorized.--From the amounts appropriated to
carry out this section under section 420BB for a fiscal year, the
Secretary shall award planning grants for such fiscal year, on a
competitive basis, to eligible institutions to develop plans for
community college student success programs.
``(b) Duration.--A grant awarded under this section shall be for a
1-year period.
``(c) Peer Review Process; Priority.--In awarding grants under this
section for a fiscal year, the Secretary shall--
``(1) carry out a peer review process that--
``(A) requires that each application submitted
under subsection (d) be peer reviewed by a panel of
readers composed of individuals selected by the
Secretary, which shall include--
``(i) not less than 50 percent of readers--
``(I) who are not employees of the
Federal Government; and
``(II) who have relevant research
or practical experience with respect to
student support programs designed to
increase graduation rates and transfer
rates at public 2-year institutions of
higher education; and
``(ii) to the maximum extent practicable,
individuals who are members of groups
underrepresented in higher education, including
African Americans, Hispanics, Native Americans,
Alaska Natives, Asian Americans, Native
American Pacific Islanders (including Native
Hawaiians), and individuals with disabilities;
and
``(B) ensures that no individual assigned under
subparagraph (A) to review an application has any
conflict of interest with regard to that application
that may make the individual unable to impartially
conduct such review; and
``(2) give priority to eligible institutions that are
eligible to receive funding under title III or V.
``(d) Application.--An eligible institution desiring 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, which shall include--
``(1) the graduation rate and transfer rate for the most
recent academic year for which data are available for eligible
students and all students, respectively;
``(2) an analysis of how implementing a community college
student success program may improve the graduation rate or
transfer rate for eligible students; and
``(3) a description of the methods the eligible institution
has previously used to improve the graduation rate or transfer
rate with respect to eligible students and all students,
respectively.
``(e) Use of Funds.--An eligible institution that receives a grant
under this section shall use the grant to develop a plan to implement a
community college student success program at the eligible institution.
``(f) Report.--Not later than 1 year after the date on which an
eligible institution receives a grant under this section, such eligible
institution shall submit to the Secretary a report that includes--
``(1) a plan for implementing a community college student
success program at the eligible institution, including--
``(A) the sufficiently ambitious outcome goals for
achieving significant improvements in graduation rates
and transfer rates for program participants, as such
rates are defined by the eligible institution, in
consultation with the Secretary, before the end of the
grant period;
``(B) the number of such eligible students who will
participate in such program, including how such
eligible students will be identified, referred, and
selected, in cases where the interest in the program is
larger than the budget for the program;
``(C) based on the most recent academic year for
which data are available, disaggregated by full-time
students and all students--
``(i) graduation rates; and
``(ii) transfer rates;
``(D) an analysis of the financial needs of the
full-time students;
``(E) a description of how the eligible institution
will effectively staff a community college student
success program; and
``(F) a timeline for the implementation of such
program;
``(2) a budgetary analysis that includes--
``(A) a description of how the eligible institution
will provide non-Federal funds for such program under
subsection (d) of section 420V; and
``(B) a description of how the eligible institution
will continue to fund such program after the end of the
grant period for the grant awarded to the institution
under section 420V; and
``(3) such other information as the Secretary may require.
``SEC. 420V. GRANTS TO IMPLEMENT COMMUNITY COLLEGE STUDENT SUCCESS
PROGRAMS.
``(a) Implementation Grants Authorized.--
``(1) In general.--From the amounts appropriated to carry
out this section under section 420BB for a fiscal year, the
Secretary shall award grants for such fiscal year, on a
competitive basis, to eligible institutions awarded a grant
under section 420U to implement community college student
success programs.
``(2) Consultation.--In awarding grants under this section
for a fiscal year, the Secretary shall consult with the
independent evaluator before finalizing which eligible
institutions will receive such a grant for such fiscal year.
``(b) Requirements for Selection.--To be eligible to receive a
grant under this section, an eligible institution shall meet the
following requirements:
``(1) The eligible institution was awarded a grant under
section 420U at least 1 year before such eligible institution
submits an application under subsection (e).
``(2) The eligible institution submits an application under
subsection (e).
``(3) The eligible institution demonstrates, on the date of
the application described in subsection (e), the availability
of non-Federal funding for the matching funds required under
subparagraphs (A), (B), and (C) of subsection (d)(1).
``(c) Duration.--A grant awarded under this section shall be for a
5-year period.
``(d) Non-Federal Contribution.--
``(1) In general.--Except as provided in paragraph (2), an
eligible institution awarded a grant under this section shall
contribute in cash from non-Federal sources, the following:
``(A) For the second year of the grant period, an
amount equal to 20 percent of the cost of carrying out
the community college student success program at the
institution for such year.
``(B) For the third year of the grant period, an
amount equal to 30 percent of the cost of carrying out
such program for such year.
``(C) For the fourth year of the grant period, an
amount equal to 40 percent of the cost of carrying out
such program for such year.
``(D) For the fifth year of the grant period, an
amount equal to 50 percent of the cost of carrying out
such program for such year.
``(2) Exception.--
``(A) In general.--Notwithstanding paragraph (1),
with respect to an exempt institution awarded a grant
under this section, for each year of the grant period
beginning with the second year through the fifth year,
the Secretary shall not require the institution to make
a cash contribution from non-Federal sources in an
amount that is greater than the amount equal to 5
percent of the cost of carrying out the community
college student success program at the institution for
such year.
``(B) Definitions.--For purposes of this paragraph:
``(i) Exempt institution.--The term `exempt
institution' means an eligible institution that
is a--
``(I) Tribal college or university;
or
``(II) an institution located in
the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States
Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated
States of Micronesia, or the Republic
of Palau.
``(ii) Tribal college or university.--The
term `Tribal college or university' has the
meaning given the term in section 316 of the
Higher Education Act of 1965 (20 U.S.C. 1059c).
``(e) Application.--An eligible institution desiring 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, which shall include a copy of the report described in 420U(e).
``(f) Required Use of Funds.--An eligible institution that receives
a grant under this section shall use the grant funds to--
``(1) implement a community college student success
program; and
``(2) regularly review--
``(A) data to monitor the academic progress of
eligible students participating in such program; and
``(B) the meeting and program participation
requirements described in section 420AA(1).
``(g) Permissible Use of Funds.--An eligible institution that
receives a grant under this section may use the grant to--
``(1) establish or expand a data tracking system that
includes early alerts to complete the regular reviews required
under subsection (f)(2);
``(2) provide eligible students participating in the
community college student success program for which the grant
is awarded with financial assistance to cover the costs
described in paragraph (2), (3), or (8) of section 472;
``(3) establish or expand career development services for
such students, such as career workshops or career counseling;
``(4) establish or expand tutoring services for such
students;
``(5) cover the employment of administrators for the
program whose sole job shall be to administer the program,
without regard to whether the employment is full-time or less
than full-time; and
``(6) provide financial support for eligible students
participating in such program to enroll in courses offered
during enrollment periods that are outside the fall and spring
semesters (or equivalent terms).
``(h) Reports.--Using the postsecondary student data system
established under section 132(l) or a successor system (whichever
includes the most recent data) to streamline reporting requirements and
minimize reporting burdens, and in coordination with the National
Center for Education Statistics, the Secretary shall, on at least an
annual basis, collect data with respect to each community college
student success program, including the following:
``(1) Each eligible institution that receives a grant under
this subpart shall, on an annual basis, provide to the
Secretary such information as may be necessary for the
Secretary to collect such data, including--
``(A) the demographic characteristics of the
students participating in the community college student
success program;
``(B) the average number of credits attempted and
average number of credits earned, rate of retention,
rate of degree completion, and rates of transfer of
such eligible students; and
``(C) the graduation rate of such eligible
students.
``(2) Each such eligible institution shall, not less than
once for each year of the grant period, submit to the Secretary
an annual performance report for such year of the grant period
that includes--
``(A) an analysis of the implementation and
progress of such program based on the sufficiently
ambitious outcome goals described in the report
submitted by the institution under section
420U(e)(1)(A), including challenges to and changes made
to such program;
``(B) if according to the analysis under
subparagraph (A), the program is not on track to meet
such sufficiently ambitious outcome goals, a
description of the plans to adjust the program to
improve the performance of the program;
``(C) the participation of such eligible students
in tutoring, career services (which can include benefit
counseling), and meetings with program advisors; and
``(D) when data is available, which shall compare
the data collected for such year under this paragraph
with such data collected for each of the 2 years
preceding the date on which the grant was awarded.
``(3) Not later than 6 years after the date on which the
eligible institution received such grant, submit a final report
to the Secretary that includes an analysis of--
``(A) the factors that contributed to the success
or failure of the community college student success
program in meeting the ambitious outcome goals
described in the report submitted by the institution
under section 3(e)(1)(A);
``(B) the challenges faced in attempting to
implement such program;
``(C) information on how to improve such program;
``(D) whether the program has created an
institution-wide reform with respect to graduation
rates and transfer rates for all students, and if so,
how such reform was created; and
``(E) how the eligible institution will continue to
fund such program after the end of the grant period.
``SEC. 420W. EVALUATIONS.
``(a) Independent Evaluations.--Before finalizing which eligible
institutions will receive grants under section 420V for a fiscal year,
the Secretary, acting through the Director of the Institute of
Education Sciences, shall enter into a contract with an independent
evaluator--
``(1) to consult with the Secretary on which eligible
institutions should receive the grants; and
``(2) to use the What Works Clearinghouse Standards
(without reservations) to evaluate, throughout the duration of
the grant period of such grants--
``(A) each community college student success
program for which such grant is awarded, including
whether the program met its ambitious outcome goals
described in the report submitted by the institution
under section 420U(e)(1)(A);
``(B) the average impact of community college
student success programs on graduation rates and
transfer rates for eligible students;
``(C) the variation in program impact across
eligible institutions with respect to such rates; and
``(D) whether such programs lead to higher
graduation rates and transfer rates of eligible
students per dollar spent for such students by such
institutions compared with such rates at eligible
institutions without such programs.
``(b) Results of Evaluations.--The results of the evaluations under
subsection (a) shall be made publicly available on the website of the
Department of Education.
``(c) Funding for Evaluations.--The Secretary may reserve not more
than 15 percent of the funds appropriated under section 420BB for a
fiscal year to carry out this section for such fiscal year.
``SEC. 420X. OUTREACH AND TECHNICAL ASSISTANCE.
``(a) Outreach.--The Secretary shall conduct outreach activities to
notify eligible institutions of the availability of grants under this
subpart.
``(b) Technical Assistance.--The Secretary shall provide technical
assistance--
``(1) to eligible institutions that may be interested in
applying for grants under this subpart, including assistance
with applications for such grants; and
``(2) to eligible institutions awarded grants under this
subpart, including assistance with--
``(A) establishing ambitious outcome goals
described in section 420U(e)(1)(A); and
``(B) the implementation of a community college
student success program.
``(c) Funding for Technical Assistance for Evaluations.--The
Secretary may reserve not more than 7 percent of the funds appropriated
under section 420BB for a fiscal year for technical assistance under
this section for such fiscal year.
``SEC. 420Y. REPORT TO CONGRESS.
``Not later than 1 year after the date on which the Secretary
receives the final evaluation results under section 420W for eligible
institutions that were awarded grants under section 420V for the same
fiscal year, the Secretary shall submit to Congress a report that
includes--
``(1) the number of grants awarded under section 420V for
such fiscal year, and the amount of such grants;
``(2) the number of grants awarded under section 420U to
eligible institutions that received the grants described in
paragraph (1), and the amount of such grants;
``(3) the number of grants awarded under section 420U to
eligible institutions that would have been eligible but did not
receive the grants in paragraph (1);
``(4) such final evaluation results; and
``(5) any other information the Secretary may deem
relevant.
``SEC. 420Z. SUPPLEMENT, NOT SUPPLANT.
``Funds awarded to an eligible institution under this subpart shall
be used only to supplement the amount of funds that would, in the
absence of the Federal funds provided under this subpart, be made
available from non-Federal sources or other Federal sources to carry
out the activities under this subpart, and not to supplant such funds.
``SEC. 420AA. DEFINITIONS.
``In this subpart:
``(1) Community college student success program.--The term
`community college student success program' means a program
carried out by an eligible institution under which the
institution carries out the following:
``(A) Provides eligible students participating in
such program with an amount that covers the cost of
tuition and fees that are not covered by any Federal,
State, or institutional financial assistance received
by the student.
``(B) Requires eligible students participating in
such program to--
``(i) be enrolled in the eligible
institution and carry a full-time academic
workload during each fall and spring semester
(or equivalent terms) during which the student
participates in such program;
``(ii) if the eligible student is referred
to remedial courses or is on academic
probation, meet, on at least a weekly basis or
under an alternate schedule, as determined by
the institution, with a tutor, except that in
the case of an eligible student who is
academically struggling, but who is not
referred to remedial courses or on academic
probation, the student may meet with a tutor as
often as the program advisor for such student
requires or under an alternate schedule, as
determined by the institution;
``(iii) meet with a program advisor--
``(I) twice each month during the
first semester (or equivalent term) of
participation in such program; and
``(II) as directed by the program
advisor in subsequent semesters (or
equivalent terms) under subparagraph
(C)(ii); and
``(iv) meet with an on-campus career
advisor or participate in a career services
event once each semester (or equivalent term)
or under an alternate schedule, as determined
by the institution.
``(C) Provides a program advisor to each eligible
student participating in such program who--
``(i) provides comprehensive academic and
personal advising to the eligible student,
including--
``(I) the creation and
implementation of an academic plan for
the student to graduate from a program
of study at the eligible institution
within 150 percent of the normal time
for graduation from such program;
``(II) if an eligible student is
referred to remedial courses,
encouraging such student to complete
such courses as quickly as possible;
and
``(III) assisting the eligible
student with developing and achieving
academic goals, including creating
strong transfer pathways that
demonstrate programmatic transfer for
students interested in transferring to
a 4-year institution of higher
education;
``(ii) after the eligible student
participating in such program completes a
semester (or equivalent term), creates for the
eligible student a needs-based advising
schedule that indicates, based on the eligible
student's academic performance, the frequency
with which such eligible student shall be
required to meet with a program advisor for
each subsequent semester (or equivalent term)
of program participation;
``(iii) has a caseload of not more than 150
eligible students;
``(iv) tracks the attendance of the
eligible student at the meetings described in
clauses (ii), (iii), and (iv) of subparagraph
(B);
``(v) monitors the academic progress of the
eligible student; and
``(vi) provides each eligible student who
meets the requirements of subparagraph (B), on
at least a monthly basis, with financial
incentives, such as a transportation pass or a
gas card.
``(D) Provides free tutoring and career services
(which can include benefit counseling) to eligible
students participating in such program, and may reserve
places in select courses for such eligible students in
order to create a community within cohorts of eligible
students.
``(E) Provides information to eligible students
participating in such program about the eligibility of
such students for assistance under the supplemental
nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) and the
program of block grants for States for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.).
``(2) Eligible institution.--The term `eligible
institution' means a public 2-year institution of higher
education.
``(3) Eligible student.--The term `eligible student' means
a student enrolled at an eligible institution who--
``(A) on the date such eligible student would begin
participation in a community college student success
program at such eligible institution--
``(i) is enrolled in a program of study
leading to an associate degree;
``(ii) is enrolled at such institution and
carrying a full-time academic workload during
each fall and spring semester (or equivalent
terms) during which the student participates in
such program;
``(iii) is--
``(I) a first-time undergraduate
student; or
``(II) a continuing or transfer
student with not more than 15 credits
and a minimum grade point average of
2.0 (or its equivalent); and
``(iv) is considered by the eligible
institution to need no more than two remedial
courses; and
``(B) if the student is eligible for financial aid
under title IV, has completed the Free Application for
Federal Student Aid or other common financial reporting
form under section 483(a); and
``(C) meets any other requirements established by
the institution.
``(4) Full-time academic workload.--The term `full-time
academic workload', when used with respect to a semester or
equivalent term, means at least 12 credits (or the equivalent).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term under section 101.
``(6) Transfer rate.--The term `transfer rate', when used
with respect to students enrolled in a program of study at an
eligible institution, means the rate at which such students
transfer to a 4-year institution of higher education.
``SEC. 420BB. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$1,000,000,000, to be available until expended for fiscal year 2021 and
each of the 5 succeeding fiscal years.''.
SEC. 4093. FEDERAL PELL BONUS PROGRAM.
Part A of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) is amended by adding at the end the following:
``Subpart 12--Federal Pell Grant Bonus Program
``SEC. 420CC. FEDERAL PELL GRANT BONUS PROGRAM.
``(a) In General.--The Secretary shall allot funds in an amount
determined under subsection (b) to each eligible institution to support
the attainment of bachelor's degrees among low-income students, which
may include providing financial aid and student support services to
such students.
``(b) Allotment Formula.--For each fiscal year, each eligible
institution shall be allotted an amount under subsection (a) that bears
the same proportion to the amount appropriated under subsection (c) for
such fiscal year as the number of bachelor's degrees awarded by the
institution for the award year ending prior to the beginning of the
preceding fiscal year to students who, during such award year, received
a Federal Pell Grant and graduated from the program in which such
students were enrolled in the normal time for completion of such
program (within the meaning of section 132(i)(1)(J)(i)) bears to the
total number of bachelor's degrees awarded to such students by all
eligible institutions for such award year.
``(c) Data.--In determining the allotments under subsection (b),
the Secretary may request from eligible institutions any data that may
be necessary.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated, and there are appropriated, to carry out this section
$500,000,000 for fiscal year 2021 and each succeeding fiscal year. Any
amounts appropriated under this subsection shall be available until
expended.
``(e) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means an institution of higher education (as
defined in section 101)--
``(A) in which, for the 3 most recent award years,
the average percentage of undergraduate students
enrolled at the institution who received Federal Pell
Grants is not less than 25 percent of the total number
of undergraduate students enrolled at such institution;
and
``(B) that has not opted out of receiving an
allotment under this section.
``(2) Low-income student.--The term `low-income student'
has the meaning given such term in section 499R(3).''.
PART B--FEDERAL FAMILY EDUCATION LOAN PROGRAM
SEC. 4101. TERMINATION OF CERTAIN REPAYMENT PLAN OPTIONS AND
OPPORTUNITY TO CHANGE REPAYMENT PLANS.
(a) Selection of Repayment Plans.--Section 428(b) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D)--
(i) in clause (ii), by striking ``may
annually change the selection of a repayment
plan under this part,'' and inserting ``may at
any time after July 1, 2021, change the
selection of a repayment plan under this part
to one of the 2 repayment plans described in
paragraph (9)(C),''; and
(ii) in clause (iii), by striking ``be
subject to income contingent repayment in
accordance with subsection (m);'' and inserting
``be subject to income-based repayment in
accordance with section 493C(f);''; and
(B) in subparagraph (E)(i), by striking ``the
option of repaying the loan in accordance with a
standard, graduated, income-sensitive, or extended
repayment schedule (as described in paragraph (9))
established by the lender in accordance with
regulations of the Secretary; and'' and inserting ``the
option of repaying the loan in accordance with a
repayment plan described in paragraph (9)(C)
established by the lender in accordance with
regulations of the Secretary; and''; and
(2) in paragraph (9), by adding at the end the following:
``(C) Selection of repayment plans on and after
july 1, 2021.--Notwithstanding any other provision of
this paragraph, or any other provision of law, and in
accordance with regulations, beginning on July 1, 2021,
the lender shall offer a borrower of a loan made,
insured, or guaranteed under this part the opportunity
to change repayment plans, and to enroll in one of the
following repayment plans:
``(i) A fixed repayment plan described in
section 493E.
``(ii) The income-based repayment plan
under section 493C(f).''.
(b) Assignment by the Secretary.--Section 428(m) of the Higher
Education Act of 1965 (20 U.S.C. 1078(m)) is amended--
(1) in the subsection heading, by striking ``Income
Contingent and'';
(2) by amending paragraph (1) to read as follows:
``(1) Authority of secretary to require.--The Secretary may
require borrowers who have defaulted on loans made under this
part that are assigned to the Secretary under subsection (c)(8)
to repay those loans under the income-based repayment plan
under section 493C(f).''; and
(3) in the heading for paragraph (2), by striking ``income
contingent or''.
SEC. 4102. TERMINATION OF INTEREST CAPITALIZATION FOR SUBSIDIZED LOANS
AFTER CERTAIN PERIODS.
Section 428(c)(3)(C) of the Higher Education Act of 1965 (20 U.S.C.
1078(c)(3)(C)) is amended--
(1) in clause (iii), by inserting before the semicolon the
following: ``, and with respect to a forbearance granted to a
borrower on or after the date of enactment of the College
Affordability Act on a loan made, insured or guaranteed under
this section, provide information to the borrower to assist the
borrower in understanding that interest shall accrue on the
loan but not be capitalized at the expiration of such period of
forbearance''; and
(2) in clause (iv)--
(A) in subclause (III), by inserting before the
semicolon at the end the following: ``, except that
this subclause shall not apply with respect to any
period of forbearance beginning on or after the date of
enactment of the College Affordability Act''; and
(B) in subclause (IV), by inserting before the
semicolon at the end the following: ``except that this
subclause shall not apply with respect to any period of
forbearance beginning on or after the date of enactment
of the College Affordability Act''.
SEC. 4103. TERMINATION OF INTEREST CAPITALIZATION FOR PLUS LOANS AFTER
CERTAIN PERIODS.
Section 428B(d)(2) of the Higher Education Act of 1965 (20 U.S.C.
1078-2(d)(2)) is amended--
(1) in subparagraph (A), by striking ``Interest on'' and
inserting ``Subject to subparagraph (C), interest on''; and
(2) by adding at the end the following:
``(C) Interest capitalization.--Interest shall not
be added to the principal amount of a loan made under
this section at the expiration of any period that
begins on or after the date of enactment of the College
Affordability Act, of--
``(i) deferment described in clause
(i)(II), (ii), (iii), or (iv) of section
427(a)(2)(C) or clause (i)(II), (ii), (iii),
(iv), or (v) of section 428(b)(1)(M); or
``(ii) forbearance.''.
SEC. 4104. CONSOLIDATION LOANS.
(a) Subsequent Consolidation Loans.--Section 428C(a)(3)(B)(i)(V) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(3)(B)(i)(V)) is
amended--
(1) by striking ``or'' at the end of item (bb);
(2) by striking the period at the end of item (cc) and
inserting a semicolon; and
(3) by adding at the end the following:
``(dd) for the purpose of
separating a joint
consolidation loan into 2
separate Federal Direct
Consolidation Loans under
section 455(g)(2); or
``(ee) for the purpose of
section 455(m)(9)(A)(ii),
493C(f)(2)(G), or 493E(c).''.
(b) Termination of Interest Capitalization After Certain Periods.--
Section 428C(b)(4)(C)(ii)(III) of the Higher Education Act of 1965 (20
U.S.C. 1078-3(b)(4)(C)(ii)(III)) is amended by inserting before the
semicolon the following: ``, except that with respect to a period of
deferment described in clause (i)(II), (ii), (iii), (iv), or (v) of
section 428(b)(1)(M), or any period of forbearance, beginning on or
after the date of enactment of the College Affordability Act on such a
consolidation loan, interest shall not be capitalized at the expiration
of such period of deferment or forbearance''.
SEC. 4105. DEFAULT REDUCTION PROGRAM.
Section 428F(a)(1)(C) of the Higher Education Act of 1965 (20
U.S.C. 1078-6(a)(1)(C)) is amended by striking ``to remove the record
of the default from the borrower's credit history'' and inserting ``to
remove any adverse item of information relating to such loan from the
borrower's credit history''.
SEC. 4106. TERMINATION OF INTEREST CAPITALIZATION FOR UNSUBSIDIZED
LOANS AFTER CERTAIN PERIODS.
Section 428H(e)(2)(A)(ii)(III) of the Higher Education Act of 1965
(20 U.S.C. 1078-8(e)(2)(A)(ii)(III)) is amended by inserting before the
semicolon the following: ``, except that with respect to a period of
deferment described in clause (i)(II), (ii), (iii), or (iv) of section
427(a)(2)(C) or clause (i)(II), (ii), (iii), (iv), or (v) of section
428(b)(1)(M), or any period of forbearance, beginning on or after the
date of enactment of the College Affordability Act on a loan made,
insured, or guaranteed under this section, interest shall not be added
to the principal amount of the loan at the expiration of such period of
deferment or forbearance''.
SEC. 4107. DISBURSEMENT OF STUDENT LOANS.
Section 428G of the Higher Education Act of 1965 (20 U.S.C. 1078-
7(a)) is amended--
(1) in subsection (a) by adding at the end the following:
``(5) Adjusted cohort default rate.--Beginning on the date
on which the final adjusted cohort default rates are published
by the Secretary for not less than 3 fiscal years under section
435(m), an institution whose adjusted cohort default rate (as
determined under section 435(m)) for each of the 3 most recent
fiscal years for which data are available is less than 5
percent may disburse any loan made, insured, or guaranteed
under this part in a single installment for any period of
enrollment that is not more than 1 semester, 1 trimester, 1
quarter, or 4 months.''; and
(2) in subsection (e), by inserting before the period the
following: ``, or beginning on the date on which the final
adjusted cohort default rates are published by the Secretary
for fiscal year 2018 under section 435(m), an adjusted cohort
default rate (as determined under section 435(m)) of less than
2 percent''.
SEC. 4108. STUDENT LOAN CONTRACT AND LOAN DISCLOSURES.
(a) Student Loan Contract.--Section 432(m)(1)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1082(m)(1)(D)) is amended by adding at
the end the following:
``(iv) Student loan contract.--
``(I) In general.--Any master
promissory note form described in this
subparagraph that is developed or used
for loans made under part D for periods
of enrollment beginning on or after the
date of enactment of the College
Affordability Act shall be referred to
as a `student loan contract'.
``(II) Clarification on use.--
Notwithstanding clause (i), each
student loan contract for a part D loan
made for periods of enrollment
beginning on or after the date of
enactment of the College Affordability
Act shall--
``(aa) not be entered into
by a student unless the student
has completed all required
counseling related to such
loan, including counseling
required under section 485(l);
``(bb) be signed by the
student entering such student
loan contract after completion
of such counseling; and
``(cc) be used only for the
academic year for which the
initial loans are made under
the contract, and shall not be
valid for additional loans for
the same or subsequent periods
of enrollment.''.
(b) Loan Disclosures.--Section 432(m)(1)(D) of the Higher Education
Act of 1965 (20 U.S.C. 1082(m)(1)(D)) is further amended by adding
after clause (iv) (as added) the following:
``(v) Loan disclosures.--For loans made for
periods of enrollment beginning on or after the
date of enactment of the College Affordability
Act, the Secretary shall take such steps as are
necessary to streamline the student loan
disclosure requirements under this Act. The
Secretary shall ensure that information
required to be disclosed to a student who is
applying for, receiving, or preparing to repay
a loan under part D of this Act shall be
streamlined in a manner that--
``(I) based upon consumer testing,
reduces and simplifies the paperwork
students are required to complete; and
``(II) limits the number of times
students are presented with disclosures
by incorporating the streamlined
disclosures into required student loan
counseling under section 485(l), the
student loan contract under this
subparagraph, or both.''.
SEC. 4109. BORROWER ADVOCATE CONFORMING AMENDMENTS.
Section 433 of the Higher Education Act of 1965 (20 U.S.C. 1083) is
amended--
(1) in subsection (b)(13), by striking ``Student Loan
Ombudsman'' and inserting ``Borrower Advocate''; and
(2) in subsection (e)(3)(E), by striking ``Student Loan
Ombudsman'' and inserting ``Borrower Advocate''.
SEC. 4110. COHORT DEFAULT RATES.
(a) Ineligibility Based on High Default Rates.--
(1) In general.--Section 435(a) of the Higher Education Act
of 1965 (20 U.S.C. 1085(a)) is amended--
(A) in paragraph (7)(A), by adding at the end the
following:
``(iii) Default management plan.--The
default management plan required under clause
(i) may not include placing students in
forbearance as a means of reducing the cohort
default rate or the adjusted cohort default
rate of the institution.''; and
(B) by adding at the end the following:
``(9) Ineligibility based on high adjusted cohort default
rates.--
``(A) In general.--Except as provided in
subparagraphs (B) and (D), beginning on the date that
is one year after the date on which the final adjusted
cohort default rates are published by the Secretary for
not less than 3 fiscal years, in a case in which one of
the following determinations is made with respect to an
institution, such institution shall be ineligible to
participate in a program under this title for the
fiscal year for which the determination is made and for
the two succeeding fiscal years:
``(i) The institution's adjusted cohort
default rate is greater than 20 percent for
each of the 3 most recent fiscal years for
which the final adjusted cohort default rates
are published.
``(ii) With respect to the 6 most recent
fiscal years for which the final adjusted
cohort default rates are published--
``(I) the institution's adjusted
cohort default rate is greater than 15
percent for each such fiscal year; and
``(II) the Secretary determines
that, during such 6-year period, the
institution has not made adequate
progress in meeting standards for
student achievement established by the
relevant accrediting agency or
association pursuant to section
496(a)(5)(A).
``(iii) With respect to the 8 most recent
fiscal years for which the final adjusted
cohort default rates are published--
``(I) the institution's adjusted
cohort default rate is greater than 10
percent for each such fiscal year; and
``(II) the Secretary determines
that, during such 8-year period, the
institution has not made adequate
progress in meeting standards for
student achievement established by the
relevant accrediting agency or
association pursuant to section
496(a)(5)(A).
``(B) Exceptions for certain categories of
educational programs.--With respect to an institution
that loses eligibility to participate in a program
under this title in accordance with subparagraph
(A)(ii), such institution may request and be granted an
exception to such loss of eligibility for a category of
educational programs at such institution by
demonstrating to the Secretary that the adjusted cohort
default rate for the category of educational programs
is 15 percent or less for each fiscal year of the 6-
year period on which such loss of eligibility for the
institution is based.
``(C) Determination of the adjusted cohort rate for
a category of educational programs.--In determining the
adjusted cohort default rate for a category of
educational programs for purposes of this paragraph--
``(i) subsection (m) shall be applied--
``(I) in paragraph (1)--
``(aa) in subparagraph (A),
by substituting `received for
enrollment in the category of
educational programs for which
such rate is being determined'
for `received for attendance at
the institution'; and
``(bb) in subparagraph
(E)(i)(II), by substituting,
`percentage of students
enrolled in the category of
educational programs for which
such rate is being determined'
for `percentage of students
enrolled at the institution';
and
``(II) as if the following were
added at the end of paragraph (2):
```(E) In the case of a student who has received a
loan for enrollment in more than one category of
educational programs, the student (and such student's
subsequent repayment or default) is attributed to the
last category of educational programs in which such
student was enrolled.'.
``(D) Transition exception.--
``(i) In general.--A covered institution
with an adjusted cohort default rate that is
greater than 20 percent for the first fiscal
year for which such rates are published by the
Secretary may request that any determination of
such institution's ineligibility under
paragraph (9)(A) not be based on the adjusted
cohort default rate of such institution for any
or all of the first 3 fiscal years for which
such rates are published by the Secretary.
``(ii) Requirement.--To be granted a
request under clause (i), an institution shall
submit to the Secretary a default management
plan as specified in paragraph (7).
``(iii) Definition of covered
institution.--In this subparagraph, the term
`covered institution' means--
``(I) a public institution of
higher education;
``(II) a part B institution (as
defined in section 322); or
``(III) a private, nonprofit
institution of higher education at
which not less than 45 percent of the
total student enrollment consists of
low-income students (as such term is
defined in section 419N(b)(7)).
``(E) Category of educational programs defined.--
The term `category of educational programs', when used
with respect to an institution, means one of the
following:
``(i) The educational programs at the
institution leading to an undergraduate, non-
degree credential.
``(ii) The educational programs at the
institution leading to an associate's degree.
``(iii) The educational programs at the
institution leading to a bachelor's degree.
``(iv) The educational programs at the
institution leading to a graduate, non-degree
credential.
``(v) The educational program at the
institution leading to a graduate degree.
``(10) Application of adjusted cohort default rate.--
Beginning on the date on which the final adjusted cohort
default rates are published by the Secretary for not less than
3 fiscal years--
``(A) paragraph (1) shall be applied by
substituting `paragraph (9)' for `paragraph (2)'.
``(B) paragraph (3) shall be applied by
substituting `adjusted cohort default rate, calculated
in accordance with subsection (m)(1)(D), is greater
than 20 percent for any 3 consecutive fiscal years' for
`cohort default rate, calculated in accordance with
subsection (m), is equal to or greater than the
threshold percentage specified in paragraph (2)(B)(iv)
for any two consecutive fiscal years';
``(C) paragraph (4) shall be applied--
``(i) in subparagraph (C), by substituting
`adjusted cohort default rate is greater than
15 percent' for `cohort default rate equals or
exceeds 20 percent'; and
``(ii) in the matter following subparagraph
(C), by substituting `adjusted cohort default
rate to reflect the percentage of defaulted
loans in the representative sample that are
required to be excluded pursuant to subsection
(m)(1)(B)' for `cohort default rate to reflect
the percentage of defaulted loans in the
representative sample that are required to be
excluded pursuant to subsection (m)(1)(B)';
``(D) paragraph (5)(A) shall be applied by
substituting `paragraph (9)' for `paragraph (2)'; and
``(E) paragraph (7) shall be applied--
``(i) in subparagraph (A)(i)--
``(I) in the matter preceding
subclause (I), by substituting
`adjusted cohort default rate is
greater than 20 percent' for `cohort
default rate is equal to or greater
than the threshold percentage specified
in paragraph (2)(B)(iv)'; and
``(II) in subclauses (I) and (II),
by substituting `adjusted cohort
default rate' for `cohort default
rate'; and
``(ii) in subparagraph (B)(i), by
substituting `adjusted cohort default rate is
greater than 20 percent' for `cohort default
rate is equal to or greater than the threshold
percentage specified in paragraph
(2)(B)(iv)'.''.
(2) Conforming amendments.--Section 435(a)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1085(a)) is amended--
(A) in the paragraph heading, by adding at the end
the following: ``before fiscal year 2018''; and
(B) in subparagraph (B)(iv), by striking ``and any
succeeding fiscal year'' and inserting ``through fiscal
year 2017''.
(b) Adjusted Cohort Default Rate Defined.--Section 435(m)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1085(m)(1)) is amended by
adding at the end the following:
``(D)(i) With respect to a cohort default rate calculated
for an institution under this paragraph for fiscal year 2018
and for each succeeding fiscal year, such cohort default rate
shall be adjusted as follows:
``(I) In determining the number of current and
former students at an institution who enter repayment
for such fiscal year--
``(aa) any such student who is in
nonmandatory forbearance for such fiscal year
for a period of greater than 18 months but less
than 36 months shall not be counted as entering
repayment for such fiscal year;
``(bb) such a student shall be counted as
entering repayment for the first fiscal year
for which the student ceases to be in a period
of forbearance and otherwise meets the
requirements for being in repayment; and
``(cc) any such student who is in a period
of forbearance for 3 or more years shall be
counted as in default and included in the
institution's total number of students in
default.
``(II) Such rate shall be multiplied by the
percentage of students enrolled at the institution for
such fiscal year who are borrowing a loan under part D
of this title.
``(ii) The result obtained under this subparagraph for an
institution shall be referred to in this Act as the `adjusted
cohort default rate'.''.
(c) Publication of Adjusted Cohort Default Rate.--Section 435(m) of
the Higher Education Act of 1965 (20 U.S.C. 1085(m)) is amended by
adding at the end the following:
``(5) Adjusted cohort default rates.--Beginning on the date
on which the final adjusted cohort default rates for fiscal
year 2018 are made available for publication by the Secretary,
paragraph (4) shall be applied by substituting `adjusted cohort
default' for `cohort default' each place it appears.''.
SEC. 4111. AUTOMATIC INCOME MONITORING PROCEDURES AFTER A TOTAL AND
PERMANENT DISABILITY DISCHARGE.
Section 437(a) of the Higher Education Act of 1965 (20 U.S.C.
1087(a)) is amended by adding at the end the following:
``(3) Automatic income monitoring.--
``(A) In general.--Not later than 2 years after the
date of enactment of the College Affordability Act, the
Secretary shall establish and implement, with respect
to any borrower described in subparagraph (B),
procedures to--
``(i) obtain (for each year of the income-
monitoring period described in subparagraph (B)
and without further action by the borrower)
such information as is reasonably necessary
regarding the income of such borrower for the
purpose of determining the borrower's continued
eligibility for the loan discharge described in
subparagraph (B) for such year, and any other
information necessary to determine such
continued eligibility of the borrower for such
year, except that in the case of a borrower
whose returns and return information indicate
that the borrower has no earned income for any
year of such income-monitoring period, such
borrower shall be treated as not having earned
income in excess of the poverty line for such
year subject to clause (ii);
``(ii) allow the borrower, at any time, to
opt out of clause (i) and prevent the Secretary
from obtaining information under such clause
without further action by the borrower; and
``(iii) provide the borrower with an
opportunity to update the information obtained
under clause (i) before the determination of
the borrower's continued eligibility for such
loan discharge for such year.
``(B) Applicability.--Subparagraph (A) shall
apply--
``(i) to each borrower of a covered loan
(defined in section 455(d)(10)) that is
discharged under this subsection or section
464(c)(1)(F) due to the permanent and total
disability of the borrower; and
``(ii) during the income-monitoring period
under this subsection, defined in this
paragraph as the period--
``(I) beginning on the date on
which such loan is so discharged; and
``(II) during which the Secretary
determines whether a reinstatement of
the obligation of, and resumption of
collection on, such loan may be
necessary.''.
SEC. 4112. AUTOMATIC CLOSED SCHOOL DISCHARGE.
Section 437(c) of the Higher Education Act of 1965 (20 U.S.C.
1087(c)) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by inserting after paragraph (1), the following:
``(2) Automatic closed school discharge.--
``(A) Secretarial requirements.--With respect to a
borrower described in subparagraph (B), the Secretary
shall, without any further action by the borrower,
discharge the borrower's liability on the loan
described in subparagraph (B)(i).
``(B) Borrower requirements.--A borrower described
in this subparagraph means a borrower who--
``(i) receives a loan--
``(I) made, insured, or guaranteed
under this title for enrollment in a
program that the borrower was unable to
complete due to the closure of the
institution; and
``(II) for which the Secretary has
not already discharged the borrower's
liability on such loan pursuant to this
subsection; and
``(ii) as of the date that is 2 years after
the closure of the institution, has not re-
enrolled in an institution of higher education
that participates in programs under this
title.''.
SEC. 4113. REPAYMENT OF PARENT LOANS DUE TO STUDENT DISABILITY.
Section 437(d) of the Higher Education Act of 1965 (20 U.S.C.
1087(d)) is amended--
(1) by striking ``If a student'' and inserting the
following:
``(1) Death.--If a student''; and
(2) by adding at the end the following:
``(2) Disability.--
``(A) In general.--The Secretary shall discharge a
parent's liability on a loan described in section 428B
by repaying the amount owed on the loan if the student
on whose behalf the parent has received the loan--
``(i) becomes permanently and totally
disabled (as determined in accordance with
regulations of the Secretary); or
``(ii) is unable to engage in any
substantial gainful activity by reason of any
medically determinable physical or mental
impairment that can be expected to result in
death, has lasted for a continuous period of
not less than 60 months, or can be expected to
last for a continuous period of not less than
60 months.
``(B) Disability determinations.--Subsection (a)(2)
shall apply to a disability determination under this
paragraph in the same manner as such subsection applies
to a determination under subsection (a)(1).
``(C) Safeguards.--The safeguards to prevent fraud
and abuse developed under subsection (a)(1) shall apply
under this paragraph.
``(D) Reinstatement of loans.--The Secretary may
promulgate regulations to reinstate the obligation of,
and resume collection on, loans discharged under this
paragraph in cases in which the Secretary determines
that the reinstatement and resumption is necessary and
appropriate based upon the regulations developed under
subsection (a)(1).''.
PART C--FEDERAL WORK-STUDY PROGRAMS
SEC. 4201. PURPOSE; AUTHORIZATION OF APPROPRIATIONS.
Section 441 of the Higher Education Act of 1965 (20 U.S.C. 1087-51)
is amended--
(1) in subsection (b), by striking ``part, such sums as may
be necessary for fiscal year 2009 and each of the five
succeeding fiscal years.'' and inserting ``part--
``(1) $1,500,000,000 for fiscal year 2021;
``(2) $1,750,000,000 for fiscal year 2022;
``(3) $2,000,000,000 for fiscal year 2023;
``(4) $2,250,000,000 for fiscal year 2024; and
``(5) $2,500,000,000 for fiscal year 2025 and each
succeeding fiscal year.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``child
development and early learning (including Head Start
and Early Head Start programs carried out under the
Head Start Act (42 U.S.C. 9831 et seq.)),'', before
``literacy training,'';
(B) in paragraph (3), by striking ``and'';
(C) in paragraph (4)(C), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(5) work-based learning designed to give students
experience in any activity described in paragraph (1), (2),
(3), or (4), without regard to whether credit is awarded.'';
and
(3) by adding at the end the following:
``(d) Work-based Learning Defined.--For purposes of this part, the
term `work-based learning' means sustained interactions with industry,
community, or academic professionals in real workplace settings that
shall--
``(1) include on campus opportunities;
``(2) foster in-depth, first-hand engagement with the tasks
required of a given career field that are aligned to a
student's field of study; and
``(3) may include internships, fellowships, research
assistant positions, teacher residencies, participation in
cooperative education, and apprenticeships registered under the
Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.).''.
SEC. 4202. ALLOCATION FORMULA.
Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087-52)
is amended to read as follows:
``SEC. 442. ALLOCATION OF FUNDS.
``(a) Reservations.--
``(1) Reservation for improved institutions.--
``(A) Amount of reservation for improved
institutions.--Beginning with the first fiscal year
that is 2 years after the date of the enactment of the
College Affordability Act, for a fiscal year in which
the amount appropriated under section 441(b) exceeds
$700,000,000, the Secretary shall--
``(i) reserve the lesser of--
``(I) an amount equal to 20 percent
of the amount by which the amount
appropriated under section 441(b)
exceeds $700,000,000; or
``(II) $150,000,000; and
``(ii) allocate the amount reserved under
clause (i) to each improved institution in an
amount equal to the greater of the following:
``(I) The amount that bears the
same proportion to the amount reserved
under clause (i) as the total amount of
all Federal Pell Grant funds awarded at
the improved institution for the second
preceding fiscal year bears to the
total amount of Federal Pell Grant
funds awarded at improved institutions
participating under this part for the
second preceding fiscal year.
``(II) $5,000.
``(B) Improved institution described.--For purposes
of this paragraph, an improved institution is an
institution that, on the date the Secretary makes an
allocation under subparagraph (A)(ii)--
``(i) is an institution of higher education
(as defined under section 101) participating
under this part;
``(ii) is with respect to--
``(I) the completion rate or
graduation rate of Federal Pell Grant
recipients at the institution, in the
top 75 percent of all institutions
participating under this part for the
preceding fiscal year;
``(II) the percentage of Federal
Pell Grant recipients at the
institution, in the top 50 percent of
the institutions described in subclause
(I); and
``(III) the annual increase in the
completion rate or graduation rate of
Federal Pell Grant recipients at the
institution, in the top 50 percent of
the institutions described in
subclauses (I) and (II).
``(C) Completion rate or graduation rate.--For
purposes of determining the completion rate or
graduation rate under this section, a Federal Pell
Grant recipient who is either a full-time student or a
part-time student shall be counted as a completer or
graduate if, within 150 percent of the normal time for
completion of or graduation from the program, the
student has completed or graduated from the program, or
enrolled in any program of an institution participating
in any program under this title for which the prior
program provides substantial preparation.
``(2) Reservation for grant program.--From the amount
appropriated under section 441(b) for a fiscal year and
remaining after the Secretary reserves funds under subparagraph
(A), the Secretary shall reserve $30,000,000 to carry out
grants under section 449.
``(3) Reallocation of amount returned by improved
institutions.--If an institution returns to the Secretary any
portion of the sums allocated to such institution under this
subsection for any fiscal year, the Secretary shall reallot
such excess to improved institutions on the same basis as under
paragraph (1)(A).
``(4) Publication.--Beginning 1 year after the first
allocations are made to improved institutions under paragraph
(1)(A) and annually thereafter, the Secretary shall make
publicly available--
``(A) a list of the improved institutions that
received funding under such paragraph in the prior
fiscal year;
``(B) the percentage of students at each such
improved institution that are Federal Pell Grant
recipients;
``(C) the completion rate or graduation rate for
the students described in subparagraph (B) with respect
to each such improved institution; and
``(D) a comparison between the information
described in subparagraphs (A), (B), and (C) for the
prior fiscal year for such improved institution, and
such information for the year prior to such year.
``(c) Allocation Formula for Fiscal Years 2021 Through 2025.--
``(1) In general.--From the amount appropriated under
section 441(b) for a fiscal year and remaining after the
Secretary reserves funds under subsection (a), 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 this subsection and
subsection (a) for fiscal year 2020, as such
subsections were in effect with respect to such
fiscal year (in this subparagraph referred to
as `the 2020 amount for the institution'); or
``(ii) the fair share amount for the
institution determined under subsection (d);
``(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 subsection (d);
``(C) for fiscal year 2023, an amount equal to the
greater of--
``(i) 60 percent of the 2020 amount for the
institution; or
``(ii) the fair share amount for the
institution determined under subsection (d);
``(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 subsection (d);
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 subsection (d).
``(2) Ratable reduction.--
``(A) In general.--If the amount appropriated under
section 441(b) for a fiscal year and remaining after
the Secretary reserves funds under subsection (a) is
less than the amount required to be allocated to the
institutions 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 institution are ratably reduced under
subparagraph (A) for a fiscal year and additional
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).
``(d) Allocation Formula for Fiscal Year 2026 and Each Succeeding
Fiscal Year.--Except as provided in subsection (d)(5), from the amount
appropriated under section 441(b) for fiscal year 2026 and each
succeeding fiscal year and remaining after the Secretary reserves funds
under subsection (a), the Secretary shall allocate to each institution
the fair share amount for the institution determined under subsection
(d).
``(e) Determination of Fair Share Amount.--
``(1) In general.--Subject to paragraph (2), the fair share
amount for an institution for a fiscal year shall be equal to
the sum of--
``(A) 100 percent of the institution's
undergraduate student need described in paragraph (2)
for the preceding fiscal year; and
``(B) 25 percent of the institution's graduate
student need described in paragraph (3) for the
preceding fiscal year.
``(2) Institutional undergraduate student need
calculation.--The 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) Institutional graduate student need calculation.--The
graduate student need for an institution for a fiscal year
shall be equal to the amount that bears the same proportion to
the available appropriated amount for such fiscal year as the
total amount of the graduate student need at the institution
for the preceding fiscal year bears to the total amount of
graduate student need at all institutions participating under
this part for the preceding fiscal year.
``(4) Eligibility for fair share amount.--The Secretary may
not allocate funds under this part to any institution that, for
two or more fiscal years during any three 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) a student population with less than 7 percent
of undergraduate students who are recipients of Federal
Pell Grants; or
``(B) if the institution only enrolls graduate
students, a student population with less than 5 percent
of students that have an expected family contribution
of zero.
``(5) Definitions.--In this subsection:
``(A) Available appropriated amount.--In this
section, the term `available appropriated amount'
means--
``(i) the amount appropriated under section
441(b) for a fiscal year, minus
``(ii) the amounts reserved under
subsection (a) for such fiscal year.
``(B) Average cost of attendance.--The term
`average cost of attendance' means, with respect to an
institution, the average of the attendance costs for a
fiscal year for students which shall include--
``(i) tuition and fees, computed on the
basis of information reported by the
institution to the Secretary, which shall
include--
``(I) total revenue received by the
institution from undergraduate and
graduate tuition and fees for the
second year preceding the year for
which it is applying for an allocation;
and
``(II) the institution's enrollment
for such second preceding year;
``(ii) standard living expenses equal to
150 percent of the difference between the
income protection allowance for a family of
five with one in college and the income
protection allowance for a family of six with
one in college for a single independent
student; and
``(iii) books and supplies, in an amount
not exceeding $1,000.
``(C) Graduate student need.--The term `graduate
student need' means, with respect to a graduate student
for a fiscal year, the lesser of the following:
``(i) 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 preceding fiscal
year, minus
``(II) such graduate student's
expected family contribution (computed
in accordance with part F of this
title) for the preceding fiscal year.
``(ii) The total annual loan limit for a
Federal Direct Unsubsidized Stafford Loan.
``(D) Undergraduate student need.--The term
`undergraduate student need' means, with respect to an
undergraduate student for a fiscal year, the lesser of
the following:
``(i) 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 fiscal year, minus
``(II) such undergraduate student's
expected family contribution (computed
in accordance with part F of this
title) for the preceding fiscal year.
``(ii) The total annual loan limit for a
Federal Direct Unsubsidized Stafford Loan and a
Federal Direct Loan.
``(f) Return of Surplus Allocated Funds.--
``(1) In general.--Except with respect to funds returned
under subsection (a)(3), if an institution returns to the
Secretary any portion of the sums allocated to such institution
under this section for any fiscal year, the Secretary shall
reallot such excess to institutions that used at least 10
percent of the total amount of funds granted to such
institution under this section to compensate students employed
during a qualified period of nonenrollment (as such term is
defined in section 443(f)) on the same basis as excess eligible
amounts are allocated under subsection (d).
``(2) Use of funds.--Funds received by institutions
pursuant to this subsection shall, to maximum extent
practicable, be used to compensate students employed in work-
based learning positions.
``(3) Retained funds.--
``(A) Amount returned.--If an institution returns
more than 10 percent of its allocation under paragraph
(1), the institution's allocation for the next fiscal
year shall be reduced by the amount returned.
``(B) Waiver.--The Secretary may waive this
paragraph for a specific institution if the Secretary
finds that enforcing this paragraph would be contrary
to the interest of the program.
``(g) Filing Deadlines.--The Secretary may require applications
under this section, at such time, in such manner, and containing such
information as the Secretary may require.''.
SEC. 4203. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53)
is amended--
(1) in subsection (b)--
(A) by amending paragraph (2) to read as follows:
``(2) provide that funds granted an institution of higher
education, pursuant to this section may only be used to make
payments to students participating in work-study programs
except that an institution--
``(A) shall, beginning fiscal year 2023--
``(i) use at least 3 percent of the total
amount of funds granted to such institution
under this section for such fiscal year to
compensate students who have exceptional need
(as defined in section 413C(c)(2)) and are
employed in a work-based learning position
during a qualified period of nonenrollment, as
defined in subsection (f), except that the
Secretary may waive this clause if the
Secretary determines that enforcing this clause
would cause hardship for students at the
institution; and
``(ii) use at least 7 percent of the total
amount of funds granted to such institution
under this section for such fiscal year to
compensate students employed in work-based
learning positions, except that the Secretary
may waive this clause if the Secretary
determines that enforcing this clause would
cause hardship for students at the institution;
``(B) may--
``(i) use a portion of the sums granted to
it to compensate students employed in community
service;
``(ii) use a portion of the sums granted to
it to meet administrative expenses in
accordance with section 489;
``(iii) use a portion of the sums granted
to it to meet the cost of a job location and
development program in accordance with section
446 of this part; and
``(iv) transfer funds in accordance with
the provisions of section 488;'';
(B) in paragraph (4)--
(i) by striking ``$300'' and inserting
``$500''; and
(ii) by inserting ``except as provided
under subsection (f),'' before ``provide'';
(C) in paragraph (5)--
(i) in subparagraph (A)(ii), by striking
``and'' at the end;
(ii) in subparagraph (B), by inserting
``and'' after the semicolon; and
(iii) by adding at the end the following:
``(C) the Federal share shall equal 100 percent if
the institution is eligible for assistance under title
III or title V;''.
(D) in paragraph (6)--
(i) by inserting ``who demonstrate
exceptional need (as defined in section
413C(c)(2))'' after ``students''; and
(ii) by inserting ``and prioritize
employment for students who are currently
homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11434a) or foster care youth'' after
``institution'';
(E) in paragraph (7), by striking ``vocational''
and inserting ``career'';
(F) in paragraph (8)(A)(i), by striking ``or
vocational goals'' and inserting ``career goals'';
(G) in paragraph (10), by striking ``; and'' and
inserting a semicolon;
(H) in paragraph (11), by striking the period at
the end and inserting a semicolon; and
(I) by adding at the end the following:
``(12) provide assurances that compensation of students
employed in the work-study program in accordance with the
agreement shall include reimbursement for reasonable travel
(not including the purchase of a vehicle) directly related to
such work-study program;
``(13) provide assurances that the institution will
administer and use feedback from the surveys required under
section 450, to improve the experiences of students employed in
the work-study program in accordance with the agreement;
``(14) provide assurances that the institution will collect
data from students and employers such that the employment made
available from funds under this part will, to the maximum
extent practicable, complement and reinforce the educational
goals or career goals of each student receiving assistance
under this part; and
``(15) provide assurances that if the institution receives
funds under section 442(a)(1)(A), such institution shall--
``(A) use such funds to compensate students
employed in the work-study program in accordance with
the agreement; and
``(B) prioritize the awarding of such funds (and
increasing the amount of each award) to students--
``(i) who demonstrate exceptional need (as
defined in section 413C(c)(2)); and
``(ii) who are employed in work-based
learning opportunities through the work study
program in accordance with the agreement.'';
(2) in subsection (c)--
(A) by amending paragraph (2) to read as follows:
``(2) provide that--
``(A) in the case of an institution that has not
received a waiver from the Secretary, such institution
will not use more than 25 percent of the funds made
available to such institution under this part for any
fiscal year for the operation of the program described
in paragraph (1); and
``(B) in the case of an institution that has
received a waiver from the Secretary, such institution
will not use more than 50 percent of the funds made
available to such institution under this part for any
fiscal year for the operation of the program described
in paragraph (1);''.
(B) in paragraph (4)--
(i) by inserting ``and complement and
reinforce the educational goals or career goals
of each student receiving assistance under this
part'' after ``academically relevant''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(6) provide assurances that compensation of students
employed in the work-study program in accordance with the
agreement shall include reimbursement for reasonable travel
(not including the purchase of a vehicle) directly related to
such work-study program.'';
(3) in subsection (d)(1)--
(A) by striking ``In any academic year to which
subsection (b)(2)(A) applies, an institution shall
ensure that'' and inserting ``An institution may use
the''; and
(B) by striking ``travel'' and inserting
``reasonable travel (not including the purchase of a
vehicle)''; and
(4) by adding at the end the following:
``(f) Qualified Period of Nonenrollment.--
``(1) In general.--A student may be awarded work-study
employment during a qualified period of nonenrollment if--
``(A) the student demonstrates exceptional need (as
defined in section 413C(c)(2)) in the award year prior
to the qualified period of nonenrollment;
``(B) the student is employed in a work-based
learning position; and
``(C) the employment--
``(i) involves less than 25 percent
administrative work; and
``(ii) is for at least 20 hours per week,
unless the institution waives such
requirement--
``(I) at the request of the
student; or
``(II) based on a finding by the
institution that such requirement
presents a hardship in finding a work-
based learning position for the
student.
``(2) Funds earned.--
``(A) In general.--Any funds earned by a student
(beyond standard living expenses (as such term is
described in section 413D(c)(3)(C))) during the
qualified period of nonenrollment less than or equal to
$2,500 may not be applied to such student's cost of
attendance for the next period in which the student is
enrolled.
``(B) Excess funds.--Any funds earned by a student
(beyond standard living expenses (as such term is
described in section 413D(c)(3)(C))) during the
qualified period of nonenrollment in excess of $2,500
shall be applied to such student's cost of attendance
for the next period in which the student is enrolled.
``(3) Definition of qualified period of nonenrollment.--In
this subsection, the term `qualified period of nonenrollment'
means, with respect to a student, a period of nonenrollment
that--
``(A) occurs between a period of enrollment and a
period of anticipated enrollment; and
``(B) the duration of which is no longer than 6
months.
``(g) Cooperative Education.--
``(1) In general.--A student may be awarded work-study
employment for participation in cooperative education on--
``(A) a part-time basis; or
``(B) a full-time basis for a period equal to or
less than 6 months.
``(2) Private agreements for cooperative education.--As
part of its agreement described in subsection (b), an
institution of higher education may, at its option, enter into
an additional agreement with the Secretary which shall provide
for the operation by the institution of a program of
cooperative education of its students (on the basis described
in subparagraph (A) or (B) of paragraph (1)) by a private for-
profit organization under an agreement between the institution
and such organization that complies with the requirements of
subsection (c).
``(3) Full-time basis period.--The period specified in
paragraph (1)(B) may be non-consecutive and include
participation during qualified periods of nonenrollment (as
defined in subsection (f)(3)).
``(4) Cooperative education defined.--In this subsection,
the term `cooperative education' means a program of alternating
or parallel periods of academic study and work-based learning
designed to give students work experiences related to their
academic or career objectives.
``(h) Notification Regarding SNAP.--
``(1) In general.--An institution receiving a grant under
this part shall send a notification (by email or other
electronic means) to each eligible student informing the
student of their potential eligibility for participation in the
SNAP and the process for obtaining more information, confirming
eligibility, and accessing benefits under that program. The
notification shall be developed by the Secretary of Education
in consultation with the Secretary of Agriculture, and shall
include details on eligibility requirements for participation
in the SNAP that a student must satisfy. The notification shall
be, to the extent practicable, specific to the student's State
of residence and shall provide contact information for the
local office where an application for the SNAP may be made.
``(2) Evidence of participation in federally financed work-
study program.--The notification under paragraph (1) shall
include an official document confirming that the recipient is
an eligible student sufficient for purposes of demonstrating
that the exclusion from ineligibility for participation in the
SNAP under section 6(e)(4) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(e)(4)) applies to the student.
``(3) Guidance.--The Secretary of Education, in
consultation with the Secretary of Agriculture, shall provide
guidance to States and institutions of higher education on how
to identify and communicate with students who are likely to be
eligible for the SNAP, including those eligible for a State or
federally financed work-study program.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `eligible student' means a student
receiving work-study assistance under this part.
``(B) The term `SNAP' means the supplemental
nutrition assistance program (as defined in section
3(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(t))).''.
SEC. 4204. FLEXIBLE USE OF FUNDS.
Section 445 of the Higher Education Act of 1965 (20 U.S.C. 1087-55)
is amended--
(1) in subsection (a), by adding at the end the following:
``(3) In addition to the carry-over sums authorized under
paragraph (1) of this section, an institution may permit a
student who completed the previous award period to continue to
earn unearned portions of the student's work-study award from
that previous period if--
``(A) any reduction in the student's need upon
which the award was based is accounted for in the
remaining portion; and
``(B) the student is currently employed in a work-
based learning position.''; and
(2) by striking ``10 percent'' both places it appears and
inserting ``20 percent''.
SEC. 4205. JOB LOCATION AND DEVELOPMENT PROGRAMS.
Section 446 of the Higher Education Act of 1965 (20 U.S.C. 1087-56)
is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``10 percent or
$75,000'' and inserting ``20 percent or $150,000''; and
(B) in paragraph (2), by striking ``vocational''
and inserting ``career''; and
(2) in subsection (b)--
(A) by striking paragraphs (1) and (2); and
(B) by inserting before paragraph (3) the
following:
``(1) provide satisfactory assurance that the institution
will prioritize placing students with exceptional need (as
defined in section 413C(c)(2)) and Federal work-study
recipients in jobs located and developed under this section;
and
``(2) provide satisfactory assurances that the funds
available under this section will be used to locate and develop
work-based learning positions;''; and
(C) in paragraph (6), by striking the period and
inserting ``, including--
``(A) the number of students employed in work-based
learning positions through such program;
``(B) the number of students demonstrating
exceptional need (as defined in section 413C(c)(2)) and
Federal work-study recipients employed through such
program; and
``(C) the number of students demonstrating
exceptional need (as defined in section 413C(c)(2)) and
Federal work-study recipients employed in work-based
learning positions through such program.''.
SEC. 4206. COMMUNITY SERVICE.
Section 447 of the Higher Education Act of 1965 (20 U.S.C. 1087-57)
is amended to read as follows:
``SEC. 447. ADDITIONAL FUNDS TO CONDUCT COMMUNITY SERVICE WORK STUDY
PROGRAMS.
``Each institution participating under this part may use up to 10
percent of the funds made available under section 489(a) and
attributable to the amount of the institution's expenditures under this
part to conduct that institution's program of community service-
learning, including--
``(1) development of mechanisms to assure the academic
quality of the student experience;
``(2) assuring student access to educational resources,
expertise, and supervision necessary to achieve community
service objectives;
``(3) assuring, to the maximum extent practicable, that the
community service-learning program will support the educational
goals or career goals of students participating in such
program;
``(4) collaboration with public and private nonprofit
agencies, and programs assisted under the National and
Community Service Act of 1990 in the planning, development, and
administration of such programs; and
``(5) to recruit and compensate students for community
service-learning (including compensation for time spent in
training and for reasonable travel (not including the purchase
of a vehicle) directly related to such community service).''.
SEC. 4207. AMENDMENTS TO WORK COLLEGES.
Section 448 of the Higher Education Act of 1965 (20 U.S.C. 1087-58)
is amended--
(1) in subsection (a), by inserting ``student'' after
``comprehensive'';
(2) in subsection (b)(2)(D), by inserting ``student'' after
``comprehensive'';
(3) in subsection (c)--
(A) by striking ``Each eligible institution'' and
inserting the following:
``(1) In general.--Each eligible institution''; and
(B) by adding at the end the following:
``(2) Application dates.--The Secretary shall require an
eligible institution that submits an application for funding
under this section for the first time to submit such
application 5 months prior to the application due date for
returning applicants.''; and
(4) in subsection (e)--
(A) in paragraph (1)--
(i) by striking subparagraph (B) and
inserting the following:
``(B) is accredited by an accrediting agency or
association recognized by the Secretary pursuant to
part H, has operated a work-study program under this
part for at least the 2 years preceding the date of the
determination, and has operated a comprehensive student
work-learning-service program for at least the 2 years
preceding the date of the determination;'';
(ii) in subparagraph (C), by inserting
``student'' after ``comprehensive''; and
(iii) in subparagraph (D), by inserting
``student'' after ``comprehensive''; and
(B) in paragraph (2)--
(i) by redesignating subparagraphs (A)
through (F) as subparagraphs (B) through (G),
respectively; and
(ii) by inserting before subparagraph (B),
as redesignated by clause (i), the following:
``(A) is a 4-year, degree-granting program;''.
SEC. 4208. PILOT GRANT PROGRAM.
Part C of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087-51 et seq.), as amended by this part, is further amended by adding
at the end the following:
``SEC. 449. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a program
to provide grants to eligible institutions participating under
this part to establish or expand a program to develop work-
based learning positions.
``(2) Limitations.--
``(A) Duration.--A grant awarded under this section
shall be for a period of not more than 4 years, but may
be renewed by the Secretary for a period of 2 years.
``(B) Amount.--A grant under this section may not
be in an amount greater than $1,000,000.
``(b) Application.--To be selected to receive a grant under this
section an eligible institution participating under this part shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require, including
a plan that describes how the eligible institution will establish or
expand a program to develop work-based learning positions that will--
``(1) benefit students who demonstrate exceptional need (as
defined in section 413C(c)(2));
``(2) identify in-demand industry sectors and occupations
(as defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) and as determined by the
Bureau of Labor and Statistics, State departments of labor, and
local boards (as defined in such section 3)) and develop
partnerships with high-demand employers (including nonprofit
organizations, joint labor-management organizations, for-profit
firms, or public agencies);
``(3) involve participating employers in evaluating and
improving such program;
``(4) track and report academic and employment outcomes for
participating students; and
``(5) be able to continue after the end of the grant term.
``(c) Use of Funds.--Grant funds awarded under this program shall
be used to pay wages for students participating under this program and
develop work-based learning positions that--
``(1) are for a period of at least 12 weeks;
``(2) serve students who demonstrate exceptional need (as
defined in section 413C(c)(2));
``(3) limit administrative work to no more than 25 percent
of such position;
``(4) provide a minimum of 15 hours of work per week during
periods of enrollment and 30 hours per week during periods of
nonenrollment, except such requirement may be waived by the
institution in consultation with a student;
``(5) include career coaching from participating employers
(including mock interviews, resume writing assistance, career
exploration, and counseling on applying for and attaining
employment); and
``(6) provide participating students with opportunities to
meet with employers in fields or industries related to those of
participating employers.
``(d) Report.--On a date that is before the date on which the
period of the grant received by an eligible institution under this
section terminates, such institution shall submit a report to the
Secretary including--
``(1) the graduation rate or completion rate (as described
under section 442(a)(1)(C)) with respect to students
participating in work-based learning positions under the pilot
program; and
``(2) the results of the work-based learning opportunities
program for which such institution received such grant,
including--
``(A) participating students' satisfaction with the
program as reported in surveys under section 450, as
added by section 4209 of the College Affordability Act;
``(B) the types of jobs in which participating
students were employed and the types of duties
performed in such jobs;
``(C) the academic programs of the participating
students;
``(D) the share of participating students who
worked at another job, in addition to the one under the
pilot program;
``(E) the percentage of participating students who,
during the second quarter after completing their
academic program, are in education or training
activities or unsubsidized employment;
``(F) the percentage of participating students
employed in in-demand industry sectors or occupations
as described in subsection (b)(2) within 2 quarters of
completing their academic programs; and
``(G) other items as deemed relevant by the
Secretary.
``(e) Reservation of Funding for Such Program.--From the amount
appropriated under section 441(b) for a fiscal year and remaining after
the Secretary reserves funds under section 442(a)(1), the Secretary
shall reserve $30,000,000 to carry out grants under this section.''.
SEC. 4209. DEPARTMENT ACTIVITIES.
Part C of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087-51 et seq.), as amended by this part, is further amended by adding
at the end the following:
``SEC. 450. DEPARTMENT ACTIVITIES.
``(a) Surveys.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall develop, in consultation
with work-study administrators from institutions of higher education,
participating employers, and participating students--
``(1) a consumer-tested electronic survey for students
awarded work-study employment under the Federal work-study
program under this part that--
``(A) measures each such student's satisfaction
with the Federal work-study program, including--
``(i) any complaints the student has with
respect to the program;
``(ii) the amount and quality of the on-
the-job training the student received;
``(iii) the amount and quality of on-the-
job supervision and employer feedback the
student received;
``(iv) the amount and quality of
information provided by the institution about
the work-study program and job opportunities
and the availability of work-study staff at the
institution;
``(v) the quality of the assistance
provided by the institution to the student in
finding a work-study job and the availability
of types of jobs; and
``(vi) the student's overall satisfaction
with the work-study program;
``(B) measures the applicability of work-study
employment to the educational goals and career goals of
each such student;
``(C) elicits an assessment by each such student of
the capacity to manage time between work-study
employment and coursework;
``(D) measures, with respect to the program--
``(i) the award amounts under the program;
``(ii) the average number of hours students
worked per week, and the wages received for
such work;
``(iii) the number of on campus jobs and
off campus jobs;
``(iv) how students located work-study
positions;
``(v) the work performed at each job;
``(vi) whether students worked additional
jobs while employed in a work-study job (and
the reason for such additional job);
``(vii) whether the work-study employment
had an impact on the student's academic
performance; and
``(viii) the voluntarily disclosed
demographics of students awarded work-study
employment; and
``(E) includes such information as the Secretary
may require; and
``(2) a consumer-tested electronic survey for employers of
students described in paragraph (1) that--
``(A) measures each such employer's satisfaction
with the Federal work-study program, including--
``(i) the extent to which the employer is
satisfied with its ability to accommodate
students' schedules;
``(ii) the extent to which student-
employees are prepared for the duties
advertised for the job; and
``(iii) the extent to which the employer is
satisfied with opportunities to make
recommendations for improving institutions'
academic programs;
``(B) elicits an assessment by each such employer
of--
``(i) any complaints the employer had with
respect to the program;
``(ii) any skills or knowledge necessary
for the job that student-employees are lacking;
and
``(iii) the extent of outreach from
institutions to the employer; and
``(C) includes such information as the Secretary
may require; and
``(3) a consumer-tested electronic survey that, not less
than once every 4 years, with respect to each institution of
higher education participating in the Federal work-study
program, measures--
``(A) methods used to recruit on-campus and off-
campus employers;
``(B) if an institution operates a job location
development program--
``(i) the share of jobs filled on-campus
and off-campus;
``(ii) the share of jobs filled by--
``(I) work-study recipients; and
``(II) students who demonstrate
exceptional need (as defined in section
413C(c)(2));
``(iii) the primary factors considered in
matching work-study students and jobs;
``(iv) the share of students employed in
work-based learning opportunities; and
``(v) the share of students employed during
qualified periods of nonenrollment, including
the share of students with exceptional need (as
defined in section 413C(c)(2)) employed during
qualified periods of nonenrollment;
``(C) the institution's Federal and non-Federal
contributions toward work-study wages;
``(D) the primary factors considered in awarding
students work-study and in determining the amount of
the award;
``(E) the acceptance rate among students who were
offered work-study aid; and
``(F) other information the Secretary may require.
``(b) Results.--The Secretary shall develop an online portal--
``(1) for students, employers, and institutions of higher
education to access the surveys required under subsection (a);
and
``(2) to compile the results of such surveys.
``(c) Report.--Not less than once every 4 years after the date of
the enactment of this subsection, the Secretary shall submit a report
to Congress that includes--
``(1) the data collected under this section (redacted for
personal information);
``(2) with respect to students employed in work-study
through the Federal work-study program--
``(A) the types of jobs such students participated
in;
``(B) the average hours worked per week;
``(C) the average award amount;
``(D) the average wage rates;
``(E) the extent to which students enter employment
with skills and knowledge gained from work-study
participation that have prepared them for the job; and
``(F) the students' satisfaction with the program
and primary complaints;
``(3) the extent to which institutions conduct outreach to
employers and engage them in discussions on improving academic
programs;
``(4) the extent to which institutions conduct outreach to
students and make jobs readily available;
``(5) the extent to which the work-study employment aligns
with students' academic programs or career goals;
``(6) the employers' satisfaction with the program and
primary complaints; and
``(7) recommendations for improving the program.
``(d) Consultation.--
``(1) In general.--In consulting with the entities
described in subsection (a) to create the electronic surveys
required under such subsection, the Secretary shall engage
with--
``(A) a representative sample of institutions of
higher education participating in the Federal work-
study program;
``(B) a representative sample of employers
participating in the Federal work-study program; and
``(C) a representative sample of students
participating in the Federal work-study program.
``(2) Response rate.--The Secretary shall--
``(A) consult with a survey consultant to develop a
target response rate with respect to the electronic
surveys required under subsection (a); and
``(B) provide guidance to institution with respect
to such developed target response rate.
``(e) Technical Assistance.--The Secretary shall--
``(1) provide technical assistance to institutions
participating under the Federal work-study program under this
part to--
``(A) comply with the amendments made by part C of
title IV of the College Affordability Act and the
regulations issued pursuant to such part;
``(B) administer the surveys described in
subsection (a) to students and employers participating
in the Federal work-study program; and
``(C) ensure that Federal work-study positions
align with students' educational goals or career goals
to the maximum extent practicable; and
``(2) issue guidance and provide technical assistance to
institutions to support improved partnerships and coordination
among financial aid, career services, and academic advisors to
administer the Federal work-study program.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 to carry out subsection (a).''.
SEC. 4210. STUDY AND REPORT.
(a) Study.--The Comptroller General of the United States shall, not
later than a reasonable amount of time after the date of the enactment
of this Act, conduct a study on best practices for assisting students
participating in the Federal work-study program under part C of title
IV of the Higher Education Act (42 U.S.C. 1087-51 et seq.) with--
(1) connecting to off-campus employers;
(2) procuring work-based learning opportunities through
such program;
(3) procuring employment that aligns with students'
educational goals or career goals;
(4) locating employment through job location and
development programs;
(5) procuring employment in in-demand industry sectors or
occupations (as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102));;
(6) balancing employment with academic programs to improve
graduation and completion rates; and
(7) with respect to students with exceptional need (as
defined in section 413C(c)(2) of the Higher Education Act of
1965 (20 U.S.C. 1070b-2(c)(2)))--
(A) locating and coordinating work-study employment
during qualified periods of nonenrollment;
(B) increasing participation of such students in
such work-study program; and
(C) limiting the need for additional employment
outside the work-study program.
(b) Report.--Not later than one year after the date on which the
study required under subsection (a) is completed, the Comptroller
General of the United States shall submit to Congress a report
summarizing the findings of such study.
(c) Publish Report.--The Comptroller General of the United States
shall make the report required under subsection (b) available to the
public on the website of the Government Accountability Office.
PART D--FEDERAL DIRECT LOAN PROGRAM
SEC. 4301. PROGRAM AUTHORITY.
Section 451(a) of the Higher Education Act of 1965 (20 U.S.C.
1087a(a)) is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting ``; and (3) to make loans under section
460A and section 460B'' after ``section 459A''.
SEC. 4302. AMENDMENTS TO TERMS AND CONDITIONS OF LOANS AND REPAYMENT
PLANS.
(a) Subsidized Loans for Graduate and Professional Students.--
Section 455(a)(3) of the Higher Education Act of 1965 (20 U.S.C.
1087e(a)(3)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (B)'' and inserting
``subparagraphs (B) and (C)''; and
(2) by adding at the end the following:
``(C) For any period of instruction at an
institution of higher education (as defined in section
101) beginning on or after July 1, 2021, a graduate or
professional student shall be eligible to receive a
Federal Direct Stafford loan under this part.''.
(b) Interest Rate on Subsidized Loans for Graduate and Professional
Students.--Section 455(b)(8)(B) of the Higher Education Act of 1965 (20
U.S.C. 1087e(b)(8)(B)) is amended by inserting ``and Federal Direct
Stafford Loans'' after ``Federal Direct Unsubsidized Stafford Loans''.
(c) Repeal of Origination Fees.--Subsection (c) of section 455 of
the Higher Education Act of 1965 (20 U.S.C. 1087e(c)) is repealed.
(d) Rulemaking Regarding Termination of Certain Repayment Plans.--
Beginning on the date of enactment of this Act, the Secretary of
Education shall carry out a plan to end all eligibility for repayment
plans other than a fixed repayment plan described in section 493E of
the Higher Education Act of 1965, as added by section 4632, and an
income-based repayment plan described under section 493C(f) of the
Higher Education Act of 1965, as added by section 4631(c), for loans
made under part B or D of title IV of the Higher Education Act of 1965,
unless the borrower is enrolled in another repayment plan before such
effective date, in accordance with the amendments made by this Act.
(e) Notification to Borrowers.--
(1) In general.--Beginning on the date of enactment of this
Act, the Secretary of Education, in coordination with the
Director of the Bureau of Consumer Financial Protection, shall
undertake a campaign to alert all borrowers of loans made,
insured, or guaranteed under part B or D of title IV of the
Higher Education Act of 1965 that they are eligible to change
repayment plans and to enroll in one of the following repayment
plans:
(A) A fixed repayment plan described in section
493E of the Higher Education Act of 1965, as added by
section 4632.
(B) The income-based repayment plan under section
493C(f) of the Higher Education Act of 1965, as added
by section 4631(c).
(2) Campaign activities.--The campaign shall include the
following activities:
(A) Developing consumer information materials about
the opportunity to change repayment plans and to enroll
in one of the following repayment plans:
(i) A fixed repayment plan described in
such section 493E.
(ii) The income-based repayment plan under
such section 493C(f).
(B) Requiring servicers of loans made, insured, or
guaranteed under parts B and D of title IV of the
Higher Education Act of 1965 to provide such consumer
information to borrowers in a manner determined
appropriate by the Secretary.
(f) Repayment Plans.--Section 455(d) of the Higher Education Act of
1965 (20 U.S.C. 1087e(d)) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively;
(2) by inserting after paragraph (1), the following:
``(2) Design and selection on and after july 1, 2021.--
``(A) In general.--Notwithstanding paragraph (1),
for the borrower of a loan made on or after July 1,
2021, and for other borrowers subject to paragraph (7),
the Secretary shall offer a borrower of a loan made
under this part 2 plans for repayment of such loan,
including principal and interest on the loan. The
borrower shall be entitled to accelerate, without
penalty, repayment on the borrower's loans under this
part. The borrower may choose--
``(i) a fixed repayment plan described in
section 493E; or
``(ii) the income-based repayment plan
under section 493C(f).
``(B) Selection by the secretary.--If a borrower of
a loan made under this part on or after July 1, 2021,
does not select a repayment plan described in
subparagraph (A), the Secretary may provide the
borrower with a fixed repayment plan described in
section 493E.
``(C) Changes in selections.--Beginning on July 1,
2021, a borrower of a loan made under this part may
change the borrower's selection of a repayment plan in
accordance with paragraph (7) and under such terms and
conditions as may be established by the Secretary.'';
(3) in paragraph (6)(B), as redesignated, by striking ``an
income contingent repayment plan.'' and inserting ``the income-
based repayment plan under section 493C(f).''; and
(4) by adding at the end the following:
``(7) Borrowers of loans made before july 1, 2021.--A
borrower who is in repayment on a loan made under part B or
part D before July 1, 2021--
``(A) may choose to retain the repayment plan that
the borrower was enrolled in on the day before such
date;
``(B) may elect to--
``(i) enter the income-based repayment plan
under section 493C(f); or
``(ii) enter a fixed repayment plan
described in section 493E; and
``(C) after electing to leave a repayment plan
other than an income-based repayment plan described
under section 493C(f) or a fixed repayment plan
described in section 493E, shall not be permitted to
re-elect a repayment plan that is not an income-based
repayment plan under section 493C(f) or a fixed
repayment plan described in section 493E.
``(8) Notification and automatic enrollment procedures for
borrowers who are delinquent on loans.--
``(A) Authority to obtain income information.--In
the case of any borrower who is at least 60 days
delinquent on a covered loan, the Secretary may obtain
such information as is reasonably necessary regarding
the income and family size of the borrower (and the
borrower's spouse, if applicable).
``(B) Borrower notification.--With respect to each
borrower of a covered loan who is at least 60 days
delinquent on such loan and who has not been subject to
the procedures under this paragraph for such loan in
the preceding 120 days, the Secretary shall, as soon as
practicable after such 60-day delinquency, provide to
the borrower the following:
``(i) Notification that the borrower is at
least 60 days delinquent on at least 1 covered
loan, and a description of all delinquent
covered loans, nondelinquent covered loans, and
noncovered loans of the borrower.
``(ii) A brief description of the repayment
plans for which the borrower is eligible and
the covered loans and noncovered loans of the
borrower that may be eligible for such plans,
based on information available to the
Secretary.
``(iii) The amount of monthly payments for
the covered and noncovered loans under the
income-based repayment plan under section
493C(f) and the fixed repayment plan described
in section 493E, based on information available
to the Secretary, including, if the income
information of the borrower is available to the
Secretary under subparagraph (A)--
``(I) the amount of the monthly
payment under the income-based
repayment plan under section 493C(f)
and the fixed repayment plan described
in section 493E for which the borrower
is eligible for the borrower's covered
and noncovered loans, based on such
income information; and
``(II) the income, family size, tax
filing status, and tax year information
on which each monthly payment is based.
``(iv) Clear and simple instructions on how
to select the repayment plans.
``(v) An explanation that, in the case of a
borrower for whom adjusted gross income is
unavailable--
``(I) if the borrower selects to
repay the covered loans of such
borrower pursuant to the income-based
repayment plan under section 493C(f)
that defines discretionary income in
such a manner that an individual not
required under section 6012(a)(1) of
the Internal Revenue Code of 1986 to
file a return with respect to income
taxes imposed by subtitle A of such
Code may have a calculated monthly
payment greater than $0, the borrower
will be required to provide the
Secretary with other documentation of
income satisfactory to the Secretary,
which documentation the Secretary may
use to determine an appropriate
repayment schedule; and
``(II) if the borrower selects to
repay such loans pursuant to an income-
driven repayment plan that is not
described in subclause (I), the
borrower will not be required to
provide the Secretary with such other
documentation of income, and the
borrower will have a calculated monthly
payment of $0.
``(vi) An explanation that the Secretary
shall take the actions under subparagraph (C)
with respect to such borrower, if--
``(I) the borrower is 120 days
delinquent on 1 or more covered loans
and has not selected a new repayment
plan for the covered loans of the
borrower; and
``(II) in the case of such a
borrower whose repayment plan for the
covered loans of the borrower is not an
income-driven repayment plan described
in subparagraph (D) or (E) of paragraph
(1), the monthly payments under such
repayment plan are higher than such
monthly payments would be under the
income-based repayment plan under
section 493C(f).
``(vii) Instructions on updating the
information of the borrower obtained under
subparagraph (A).
``(C) Secretary's initial selection of a plan.--
With respect to each borrower described in subparagraph
(B) who has a repayment plan for the covered loans of
the borrower that meets the requirements of clause
(vi)(II) of subparagraph (B) and has not selected a new
repayment plan for such loans in accordance with the
notice received under such subparagraph, and who is at
least 120 days delinquent on such a loan, the Secretary
shall, as soon as practicable--
``(i) provide the borrower with the income-
based repayment plan under section 493C(f); and
``(ii) authorize the borrower to change the
Secretary's selection of a plan under this
clause to the fixed repayment plan described in
section 493E.
``(D) Opt-out.--A borrower of a covered loan shall
have the right to opt out of the procedures under this
paragraph.
``(E) Procedures.--The Secretary shall establish
procedures as are necessary to effectively implement
this paragraph.
``(9) Notification and automatic enrollment procedures for
borrowers who are rehabilitating defaulted loans.--
``(A) Authority to obtain income information.--In
the case of any borrower who is rehabilitating a
covered loan pursuant to section 428F(a), the Secretary
may obtain such information as is reasonably necessary
regarding the income and family size of the borrower
(and the borrower's spouse, if applicable).
``(B) Borrower notification.--Not later than 30
days after a borrower makes the 6th payment required
for the loan rehabilitation described in subparagraph
(A), the Secretary shall notify the borrower of the
process under subparagraph (C) with respect to such
loan.
``(C) Secretary's selection of plan.--With respect
to each borrower who has made the 9th payment required
for the loan rehabilitation described in subparagraph
(A), the Secretary shall, as soon as practicable after
such payment, provide the borrower with the income-
based repayment plan under section 493C(f), without
regard to whether the loan has been so rehabilitated.
``(D) Opt-out.--A borrower of a covered loan shall
have the right to opt out of the procedures under this
paragraph.
``(E) Procedures.--The Secretary shall establish
procedures as are necessary to effectively implement
this paragraph.
``(10) Definitions.--In this subsection:
``(A) Covered loan.--The term `covered loan'
means--
``(i) a loan made under this part;
``(ii) a loan purchased under section 459A;
or
``(iii) a loan that has been assigned to
the Secretary under section 428(c)(8) or part
E.
``(B) Noncovered loan.--The term `noncovered loan'
means a loan made, insured, or guaranteed under this
title that is not a covered loan.
``(11) Application of prepayment amounts.--
``(A) Requirement.--Notwithstanding any other
provision of this subsection or any other provision of
law--
``(i) with respect to loans made to an
eligible borrower under this part or part B,
which are held by the same holder and which
have different applicable rates of interest,
the holder of such loans shall, unless
otherwise requested by the borrower in writing,
apply the borrower's prepayment amount (within
the meaning of section 682.209(b) of title 34,
Code of Federal Regulations, or a successor
regulation) for one or more of such loans,
first toward the outstanding balance of
principal due on the loan with the highest
applicable rate of interest among such loans;
and
``(ii) except as provided in clause (i),
with respect to loans made to an eligible
borrower under this part or part B, which are
held by the same holder and which have the same
applicable rates of interest, the holder of
such loans shall, unless otherwise requested by
the borrower in writing, apply the borrower's
prepayment amount (within the meaning of
section 682.209(b) of title 34, Code of Federal
Regulations, or a successor regulation) for one
or more of such loans, first toward the
outstanding balance of principal due on the
loan with the highest principal balance among
such loans.
``(B) Eligible borrower.--
``(i) In general.--For purposes of this
paragraph, the term `eligible borrower' means a
borrower with no outstanding balance of fees,
including collection costs and authorized late
charges, due on any loan made under this part
or part B.
``(ii) Prepayment amounts.--A prepayment
amount (as described in subparagraph (A)) made
by a borrower who is not an eligible borrower
to a holder shall be applied first toward the
borrower's outstanding balance of fees,
including collection costs and authorized late
charges, due on any loan made under this part
or part B held by such holder.''.
(g) Application.--The amendments made by subsection (c)(4) shall--
(1) take effect as soon as the Secretary of Education
determines practicable after the Secretary finalizes the
procedures under section 9004, but not later than 2 years after
the date of enactment of this Act; and
(2) apply to all borrowers of covered loans (as defined in
section 455(d)(10) of the Higher Education Act of 1965, as
added by subsection (c)(4)).
(h) Maximum Repayment Period for Income-contingent Repayment.--
Section 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e))
is further amended--
(1) in paragraph (7)(B)--
(A) by striking ``or'' at the end of clause (iv);
(B) by striking the period at the end of clause (v)
and inserting a semicolon; and
(C) by adding at the end the following:
``(vi) makes payments under the income-
based repayment plan under section 493C(f); or
``(vii) makes payments under the fixed
repayment plan described in section 493E.'';
and
``(8) Additional qualifying repayment plans.--A borrower
repaying a loan pursuant to income-contingent repayment under
this subsection may elect at any time to terminate repayment
under such repayment plan and repay such loan under the income-
based repayment plan under section 493C(f) or the fixed
repayment plan described in section 493E.''.
(i) Automatic Recertification of Income for Income-driven Repayment
Plans.--Section 455(e) of the Higher Education Act of 1965 (20 U.S.C.
1087e(e)) is amended--
(1) in paragraph (3)--
(A) by striking ``does not reasonably reflect the
borrower's current income'' and inserting ``whose
income has decreased relative to the adjusted gross
income available to the Secretary''; and
(B) by inserting ``, consistent with the procedures
established under paragraph (9)(B)(iv)'' before the
period at the end; and
(2) by adding at the end the following:
``(9) Automatic recertification.--
``(A) Definition.--In this paragraph, the term
`covered loan' has the meaning given the term in
subsection (d)(10).
``(B) In general.--Beginning as soon as the
Secretary determines practicable after the Secretary
finalizes the procedures under section 9004 of the
College Affordability Act, but not later than 2 years
after the date of enactment of such Act, the Secretary
shall establish and implement, with respect to any
borrower described in subparagraph (C), procedures to--
``(i) obtain (for each year of repayment
and without further action by the borrower)
such information as is reasonably necessary
regarding the income of such borrower (and the
borrower's spouse, if applicable), for the
purpose of determining the repayment obligation
of the borrower for such year, including
information with respect to the borrower's
family size in accordance with the procedures
under section 9004 of the College Affordability
Act, subject to clause (ii);
``(ii) allow the borrower, at any time, to
opt out of clause (i) and prevent the Secretary
from obtaining information under such clause
without further action by the borrower;
``(iii) provide the borrower with an
opportunity to update the information obtained
under clause (i) before the determination of
the annual repayment obligation of the
borrower; and
``(iv) in the case of a borrower for whom
adjusted gross income is unavailable--
``(I) if the borrower has selected
to repay the covered loans of such
borrower pursuant to an income
contingent repayment plan that defines
discretionary income in such a manner
that an individual not required under
section 6012(a)(1) of the Internal
Revenue Code of 1986 to file a return
with respect to income taxes imposed by
subtitle A of such Code may have a
calculated monthly payment greater than
$0, the borrower will be required to
provide the Secretary with other
documentation of income satisfactory to
the Secretary, which documentation the
Secretary may use to determine an
appropriate repayment schedule; or
``(II) if the borrower has selected
to repay such loans pursuant to an
income contingent repayment that is not
described in subclause (I), the
borrower will not be required to
provide the Secretary with such other
documentation of income, and the
borrower will have a calculated monthly
payment of $0.
``(C) Applicability.--Subparagraph (B) shall apply
to each borrower of a covered loan who, on or after the
date on which the Secretary establishes procedures
under such subparagraph, recertifies income and family
size under such plan.
``(D) Other requirements.--The procedures
established by the Secretary under this paragraph shall
be consistent with the requirements of paragraphs (1)
through (7), except as otherwise provided in this
paragraph.''.
(j) Deferment and Forbearance.--Section 455(f) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(f)) is amended--
(1) in the subsection heading, by inserting at the end the
following: ``and Forbearance''; and
(2) by amending subparagraph (B) of paragraph (1) to read
as follows:
``(B) in the case of a Federal Direct PLUS Loan, a
Federal Direct Unsubsidized Stafford Loan, or a Federal
Direct Consolidation Loan not described in subparagraph
(A)(ii), beginning on or after the date of enactment of
the College Affordability Act--
``(i) for a deferment during a period
described in paragraph (2)(A)(i), shall accrue
and be capitalized or paid by the borrower; and
``(ii) for a deferment during a period
described in subparagraphs (B) through (D) of
paragraph (2), shall accrue but not be
capitalized.''; and
(3) by adding at the end the following:
``(6) Forbearance.--At the expiration of a period of
forbearance that begins on or after the date of enactment of
the College Affordability Act, interest may accrue but shall
not be capitalized on any loans made under this part.''.
(k) Separating Joint Consolidation Loans.--Section 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended--
(1) by striking ``A borrower'' and inserting the following:
``(1) In general.--A borrower''; and
(2) by adding at the end the following:
``(2) Separating joint consolidation loans.--
``(A) In general.--A married couple, or 2
individuals who were previously a married couple, and
who received a joint consolidation loan as such married
couple under subparagraph (C) of section 428C(a)(3) (as
such subparagraph was in effect on or before June 30,
2006), may apply to the Secretary for each individual
borrower in the married couple (or previously married
couple) to receive a separate Federal Direct
Consolidation Loan under this part--
``(i) that shall--
``(I) unless the Secretary receives
notice of an agreement described in
subclause (II)(aa), be equal to the sum
of--
``(aa) the unpaid principal
and accrued unpaid interest of
the percentage of the joint
consolidation loan that, as of
the day before such joint
consolidation loan was made,
was attributable to the loans
of the individual borrower for
whom such separate
consolidation loan is being
made; and
``(bb) any other loans
described in section 428C(a)(4)
that such individual borrower
selects for consolidation under
this part; or
``(II) be equal to the sum of--
``(aa) the unpaid principal
and accrued unpaid interest of
the percentage of the joint
consolidation loan that, as of
the date of application under
this paragraph, the married
couple (or previously married
couple) agrees shall be
considered attributable to the
loans of the individual
borrower for whom such separate
consolidation loan is being
made; and
``(bb) any other loans
described in section 428C(a)(4)
that such individual borrower
selects for consolidation under
this part;
``(ii) the proceeds of which shall be paid
by the Secretary to the holder or holders--
``(I) of the joint consolidation
loan for the purpose of discharging the
liability on the percentage of such
joint consolidation loan described in
subclause (I)(aa) or (II)(aa) of clause
(i); and
``(II) of the loans selected for
consolidation under subclause (I)(bb)
or subclause (II)(bb) of clause (i) for
the purpose of discharging the
liability on such loans;
``(iii) except as otherwise provided in
this paragraph, that has the same terms and
conditions, and rate of interest as the joint
consolidation loan;
``(iv) for which any payment made under
section 455(m)(1)(A) on the joint consolidation
loan during a period in which the individual
borrower for whom such separate consolidation
loan is being made was employed in a public
service job described in section 455(m)(1)(B)
shall be treated as if such payment were made
on the portion of the separate consolidation
loan described in clause (i)(I)(aa); and
``(v) for which any payment made under any
repayment plan described in section 455(d)(1)
on the joint consolidation loan shall be
treated as if such payment were made on such
portion of such separate consolidation loan.
``(B) Application for separate direct consolidation
loan.--
``(i) Joint application.--Except as
provided in clause (ii), to receive separate
consolidation loans under subparagraph (A),
both individual borrowers in a married couple
(or previously married couple) shall jointly
apply under subparagraph (A).
``(ii) Separate application.--An individual
borrower in a married couple (or previously
married couple) may apply for a separate
consolidation loan under subparagraph (A)
separately and without regard to whether or
when the other individual borrower in the
married couple (or previously married couple)
applies under subparagraph (A), in a case in
which--
``(I) the individual borrower has
experienced from the other individual
borrower--
``(aa) domestic violence
(as defined in section 40002(a)
of the Violence Against Women
Act of 1994 (34 U.S.C.
12291(a))); or
``(bb) economic abuse
(including behaviors that
control such borrower's ability
to acquire, use, and maintain
access to money, credit, or the
joint financial obligations of
both borrowers);
``(II) the individual borrower
certifies, on a form approved by the
Secretary, that such borrower is unable
to reasonably reach or access the loan
information of the other individual
borrower; or
``(III) the Secretary determines
that authorizing each individual
borrower to apply separately under
subparagraph (A) would be in the best
fiscal interests of the Federal
Government.
``(C) Borrower eligibility.--Notwithstanding
section 428C(a)(3)(A), the Secretary shall award a
consolidation loan under this part to each borrower
who--
``(i) applies for such loan under
subparagraph (A); and
``(ii) meets the requirements of
subparagraphs (A) and (B).
``(3) Consumer reporting agencies.--Upon obtaining a
Federal Direct Consolidation Loan that discharges the liability
on a defaulted loan made, insured, or guaranteed under this
title, the Secretary, guaranty agency, or other holder of the
loan shall request any consumer reporting agency to which the
Secretary, guaranty agency or holder, as applicable, reported
the default of the loan, to remove any adverse item of
information relating to a delinquent or defaulted loan made,
insured, or guaranteed under this title from the borrower's
credit history.''.
(l) Repeal of Subsidized Loan Usage Limitation.--Subsection (q) of
section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is
repealed.
SEC. 4303. AMENDMENTS TO TERMS AND CONDITIONS OF PUBLIC SERVICE LOAN
FORGIVENESS.
Section 455(m) of the Higher Education Act of 1965 (20 U.S.C.
1087e(m)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(iii);
(ii) in clause (iv), by striking ``and'';
and
(iii) by adding at the end the following:
``(v) payments under the income-based
repayment plan under section 493C(f); or
``(vi) payments under the fixed repayment
plan described in section 493E; and''; and
(B) in subparagraph (B), by striking ``(i) is
employed'' and all that follows through ``has been''
and inserting ``has been'';
(2) in paragraph (2), by adding at the end the following:
``In the case of a borrower who meets the requirements under
paragraph (1) for such cancellation, such cancellation shall
occur without further action by the borrower.'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(6) and (7), respectively; and
(4) by inserting after paragraph (2) the following:
``(3) Treatment of loans refinanced under sections 460a.--
In the case of an eligible Federal Direct Loan refinanced under
section 460A, any monthly payment pursuant to any repayment
plan listed in paragraph (1)(A) made on a loan, for which the
liability has been discharged by such refinanced loan and
without regard to whether such loan is an eligible Federal
Direct Loan, shall be treated as a monthly payment under
paragraph (1)(A) on the portion of such refinanced loan that is
attributable to such discharged loan.
``(4) On-line portal.--
``(A) Borrowers.--The Secretary shall ensure that
borrowers have access to an on-line portal that
provides each borrower who signs on to such portal with
the following:
``(i) Instructions on how to access the
database under paragraph (5) so that the
borrower can determine whether the borrower is
employed in a public service job.
``(ii) An identification of the loans of
the borrower that are eligible Federal Direct
Loans.
``(iii) With respect to each such eligible
Federal Direct Loan, the number of monthly
payments on such loan that qualify as a monthly
payment under paragraph (1)(A), and the
estimated number of monthly payments under
paragraph (1)(A) remaining on such loan before
the borrower may be eligible for loan
cancellation under this subsection.
``(iv) With respect to each loan of the
borrower that is not eligible for loan
cancellation under this subsection, an
explanation of why the loan is not so eligible
and instructions on how what, if anything, the
borrower may do to make the loan so eligible.
``(v) Instructions for the submission of
any forms associated with such loan
cancellation, and an ability for the borrower
to use the portal to electronically sign and
submit such forms.
``(vi) In the case of a borrower who
disputes a determination of the Secretary
relating to the entitlement of the borrower to
loan cancellation under paragraph (2)--
``(I) an ability for the borrower
to file a claim with the Secretary to
dispute such determination through the
portal; and
``(II) in the case of such a claim
that has been filed, the status of such
claim, for which updates shall be
provided not fewer than once every 90
days.
``(B) Employers.--The Secretary shall ensure that
an employer of a borrower has the ability to
electronically sign and submit any forms associated
with loan cancellation under this subsection.
``(C) Information.--The Secretary shall ensure that
any information provided through the on-line portal
described in this paragraph is up-to-date information.
``(5) Database of public service jobs.--
``(A) In general.--The Secretary, in consultation
with the Commissioner of the Internal Revenue Service,
shall establish and regularly update a database that
lists public service jobs.
``(B) Public availability.--The database
established under subparagraph (A) shall be made
available on a publicly accessible website of the
Department in an easily searchable format.'';
(5) in paragraph (6), as so redesignated--
(A) in subparagraph (A)--
(i) by inserting before the period at the
end the following: ``(including any Federal
Direct Stafford Loan, Federal Direct PLUS Loan,
Federal Direct Unsubsidized Stafford Loan, or
Federal Direct Consolidation Loan refinanced
under section 460A)'';
(ii) by striking ``The term'' and inserting
the following:
``(i) In general.--The term''; and
(iii) by adding at the end the following:
``(ii) Treatment of certain consolidation
loan payments.--In the case of an eligible
Federal Direct Loan that is a Federal Direct
Consolidation Loan made on or after the date of
enactment of the College Affordability Act, any
monthly payment pursuant to any repayment plan
listed in paragraph (1)(A) made on a loan, for
which the liability has been discharged by the
proceeds of such Federal Direct Consolidation
Loan and without regard to whether the loan is
an eligible Federal Direct Loan, shall be
treated as a monthly payment under paragraph
(1)(A) on the portion of such Federal Direct
Consolidation Loan that is attributable to such
discharged loan, except that in the case of a
subsequent consolidation loan, for purposes of
this clause--
``(I) any monthly payment made on
the first consolidation loan or any
other loan for which the liability has
been discharged by such subsequent
consolidation loan shall be applicable;
and
``(II) any monthly payment made on
a loan for which the liability has been
discharged by such first consolidation
loan shall not be applicable.'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) in clause (ii)--
(I) by striking ``teaching as'' and
inserting the following: ``teaching--
``(I) as'';
(II) by striking ``, foreign
language faculty, and part-time faculty
at community colleges), as determined
by the Secretary.'' and inserting ``and
foreign language faculty), as
determined by the Secretary; or'';
(III) by adding at the end the
following:
``(II) as a part-time faculty
member or instructor who--
``(aa) teaches not less
than 2 courses at an
institution of higher education
(as defined in section 101(a)),
a postsecondary vocational
institution (as defined in
section 102(c)), or a Tribal
College or University (as
defined in section 316(b));
``(bb) is not a student
enrolled at such institution;
and
``(cc) is not employed on a
full-time basis by any other
employer;''; and
(iii) by adding at the end the following:
``(iii) a full-time job as an employee or
manager of a farm or ranch that, with respect
to a fiscal year, has earnings of gross revenue
during such year from the sale of agricultural
products equal to or greater than--
``(I) in the case of 2019, $35,000;
or
``(II) in the case of any
succeeding year, the amount applicable
under this subparagraph for the
previous year, increased by the
estimated percentage change in the
Consumer Price Index for the most
recent year preceding such year; or
``(iv) a full-time job with a veterans or
military service organization as described in
paragraph (19) or (23) of section 501(c) of the
Internal Revenue Code, that does not engage in
partisan political campaign activity.''; and
(C) by adding at the end the following:
``(C) Full-time job as health care practitioner.--
The term `full-time professionals engaged in health
care practitioner occupations' includes an individual
who--
``(i) has a full-time job as a health care
practitioner;
``(ii) provides medical services in such
full-time job at a nonprofit or public hospital
or other nonprofit or public health care
facility; and
``(iii) is prohibited from being employed
directly by such hospital or other health care
facility by State law.''; and
(6) in paragraph (10), as so redesignated, by striking
``section 428J, 428K, 428L, or 460'' and inserting ``section
428K or 428L''.
SEC. 4304. FEDERAL DIRECT PERKINS LOANS TERMS AND CONDITIONS.
Part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) is amended by inserting after section 455 the following
new section:
``SEC. 455A. FEDERAL DIRECT PERKINS LOANS.
``(a) Designation of Loans.--Loans made to borrowers under this
section shall be known as `Federal Direct Perkins Loans'.
``(b) In General.--It is the purpose of this section to authorize
loans to be awarded by institutions of higher education through
agreements established under section 463(f). Unless otherwise specified
in this section, all terms and conditions and other requirements
applicable to Federal Direct Unsubsidized Stafford loans established
under section 455(a)(2)(D) shall apply to loans made pursuant to this
section.
``(c) Eligible Borrowers.--Any student meeting the requirements for
student eligibility under section 464(b) (including graduate and
professional students as defined in regulations promulgated by the
Secretary) shall be eligible to borrow a Federal Direct Perkins Loan,
provided the student attends an eligible institution with an agreement
with the Secretary under section 463(f), and the institution uses its
authority under that agreement to award the student a loan.
``(d) Loan Limits.--The annual and aggregate limits for loans under
this section shall be the same as those established under section 464,
and aggregate limits shall include loans made by institutions under
agreements under section 463(a).
``(e) Applicable Rates of Interest.--Loans made pursuant to this
section shall bear interest, on the unpaid principal balance of the
loan, at the rate of 5 percent per year.''.
SEC. 4305. COMMON MANUAL FOR LOAN SERVICERS.
Section 456(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1087f(a)(2)) is amended in the first sentence by inserting before the
period at the end the following: ``, including the applicable
procedures and policies described in the manual developed under section
493F''.
SEC. 4306. REFINANCING FFEL AND FEDERAL DIRECT LOANS.
Part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) is amended by adding at the end the following:
``SEC. 460A. REFINANCING FFEL AND FEDERAL DIRECT LOANS.
``(a) In General.--The Secretary shall establish a program under
which the Secretary, upon the receipt of an application from a
qualified borrower, makes a loan under this part, in accordance with
the provisions of this section, in order to permit the borrower to
obtain the interest rate provided under subsection (c).
``(b) Refinancing Direct Loans.--
``(1) Federal direct loans.--Upon application of a
qualified borrower, the Secretary shall repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, a
Federal Direct PLUS Loan, or a Federal Direct Consolidation
Loan of the qualified borrower, for which the first
disbursement was made, or the application for the consolidation
loan was received, before July 1, 2020, with the proceeds of a
refinanced Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, a Federal Direct PLUS Loan, or a
Federal Direct Consolidation Loan, respectively, issued to the
borrower in an amount equal to the sum of the unpaid principal,
accrued unpaid interest, and late charges of the original loan.
``(2) Refinancing ffel program loans as refinanced federal
direct loans.--Upon application of a qualified borrower for any
loan that was made, insured, or guaranteed under part B and for
which the first disbursement was made, or the application for
the consolidation loan was received, before July 1, 2010, the
Secretary shall make a loan under this part, in an amount equal
to the sum of the unpaid principal, accrued unpaid interest,
and late charges of the original loan to the borrower in
accordance with the following:
``(A) The Secretary shall pay the proceeds of such
loan to the eligible lender of the loan made, insured,
or guaranteed under part B, in order to discharge the
borrower from any remaining obligation to the lender
with respect to the original loan.
``(B) A loan made under this section that was
originally--
``(i) a loan originally made, insured, or
guaranteed under section 428 shall be a Federal
Direct Stafford Loan;
``(ii) a loan originally made, insured, or
guaranteed under section 428B shall be a
Federal Direct PLUS Loan;
``(iii) a loan originally made, insured, or
guaranteed under section 428H shall be a
Federal Direct Unsubsidized Stafford Loan; and
``(iv) a loan originally made, insured, or
guaranteed under section 428C shall be a
Federal Direct Consolidation Loan.
``(C) The interest rate for each loan made by the
Secretary under this paragraph shall be the rate
provided under subsection (c).
``(c) Interest Rates.--
``(1) In general.--The interest rate for the refinanced
Federal Direct Stafford Loans, Federal Direct Unsubsidized
Stafford Loans, Federal Direct PLUS Loans, and Federal Direct
Consolidation Loans, shall be a rate equal to--
``(A) in any case where the original loan was a
loan under section 428 or 428H, a Federal Direct
Stafford loan, or a Federal Direct Unsubsidized
Stafford Loan, that was issued to an undergraduate
student, a rate equal to the rate for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans issued to undergraduate students for the 12-month
period beginning on July 1, 2019, and ending on June
30, 2020;
``(B) in any case where the original loan was a
loan under section 428 or 428H, a Federal Direct
Stafford Loan, or a Federal Direct Unsubsidized
Stafford Loan, that was issued to a graduate or
professional student, a rate equal to the rate for
Federal Direct Unsubsidized Stafford Loans issued to
graduate or professional students for the 12-month
period beginning on July 1, 2019, and ending on June
30, 2020;
``(C) in any case where the original loan was a
loan under section 428B or a Federal Direct PLUS Loan,
a rate equal to the rate for Federal Direct PLUS Loans
for the 12-month period beginning on July 1, 2019, and
ending on June 30, 2020; and
``(D) in any case where the original loan was a
loan under section 428C or a Federal Direct
Consolidation Loan, a rate calculated in accordance
with paragraph (2).
``(2) Interest rates for consolidation loans.--
``(A) Method of calculation.--In order to determine
the interest rate for any refinanced Federal Direct
Consolidation Loan under paragraph (1)(D), the
Secretary shall--
``(i) determine each of the component loans
that were originally consolidated in the loan
under section 428C or the Federal Direct
Consolidation Loan, and calculate the
proportion of the unpaid principal balance of
the loan under section 428C or the Federal
Direct Consolidation Loan that each component
loan represents;
``(ii) use the proportions determined in
accordance with clause (i) and the interest
rate applicable for each component loan, as
determined under subparagraph (B), to calculate
the weighted average of the interest rates on
the loans consolidated into the loan under
section 428C or the Federal Direct
Consolidation Loan; and
``(iii) apply the weighted average
calculated under clause (ii) as the interest
rate for the refinanced Federal Direct
Consolidation Loan.
``(B) Interest rates for component loans.--The
interest rates for the component loans of a loan made
under section 428C or a Federal Direct Consolidation
Loan shall be the following:
``(i) The interest rate for any loan under
section 428 or 428H, Federal Direct Stafford
Loan, or Federal Direct Unsubsidized Stafford
Loan issued to an undergraduate student shall
be a rate equal to the lesser of--
``(I) the rate for Federal Direct
Stafford Loans and Federal Direct
Unsubsidized Stafford Loans issued to
undergraduate students for the 12-month
period beginning on July 1, 2019, and
ending on June 30, 2020; or
``(II) the original interest rate
of the component loan.
``(ii) The interest rate for any loan under
section 428 or 428H, Federal Direct Stafford
Loan, or Federal Direct Unsubsidized Stafford
Loan issued to a graduate or professional
student shall be a rate equal to the lesser
of--
``(I) the rate for Federal Direct
Unsubsidized Stafford Loans issued to
graduate or professional students for
the 12-month period beginning on July
1, 2019, and ending on June 30, 2020;
or
``(II) the original interest rate
of the component loan.
``(iii) The interest rate for any loan
under section 428B or Federal Direct PLUS Loan
shall be a rate equal to the lesser of--
``(I) the rate for Federal Direct
PLUS Loans for the 12-month period
beginning on July 1, 2019, and ending
on June 30, 2020; or
``(II) the original interest rate
of the component loan.
``(iv) The interest rate for any component
loan that is a loan under section 428C or a
Federal Direct Consolidation Loan shall be the
weighted average of the interest rates that
would apply under this subparagraph for each
loan comprising the component consolidation
loan.
``(v) The interest rate for any eligible
loan that is a component of a loan made under
section 428C or a Federal Direct Consolidation
Loan and is not described in clauses (i)
through (iv) shall be the interest rate on the
original component loan.
``(3) Fixed rate.--The applicable rate of interest
determined under paragraph (1) for a refinanced loan under this
section shall be fixed for the period of the loan.
``(d) Terms and Conditions of Loans.--
``(1) In general.--A loan that is refinanced under this
section shall have the same terms and conditions as the
original loan, except as otherwise provided in this section.
``(2) No automatic extension of repayment period.--
Refinancing a loan under this section shall not result in the
extension of the duration of the repayment period of the loan,
and the borrower shall retain the same repayment term that was
in effect on the original loan. Nothing in this paragraph shall
be construed to prevent a borrower from electing a different
repayment plan at any time in accordance with section
455(d)(4).
``(e) Definition of Qualified Borrower.--
``(1) In general.--For purposes of this section, the term
`qualified borrower' means a borrower--
``(A) of a loan under this part or part B for which
the first disbursement was made, or the application for
a consolidation loan was received, before July 1, 2020;
and
``(B) who meets the eligibility requirements based
on income or debt-to-income ratio established by the
Secretary.
``(2) Income requirements.--The Secretary shall establish
eligibility requirements based on income or debt-to-income
ratio that take into consideration providing access to
refinancing under this section for borrowers with the greatest
financial need.
``(f) Notification to Borrowers.--The Secretary, in coordination
with the Director of the Bureau of Consumer Financial Protection, shall
undertake a campaign to alert borrowers of loans that are eligible for
refinancing under this section that the borrowers are eligible to apply
for such refinancing. The campaign shall include the following
activities:
``(1) Developing consumer information materials about the
availability of Federal student loan refinancing.
``(2) Requiring servicers of loans under this part or part
B to provide such consumer information to borrowers in a manner
determined appropriate by the Secretary, in consultation with
the Director of the Bureau of Consumer Financial Protection.''.
SEC. 4307. REFINANCING PRIVATE STUDENT LOANS.
Part D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) is amended by adding at the end the following:
``SEC. 460B. FEDERAL DIRECT REFINANCED PRIVATE LOAN PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible private education loan.--The term `eligible
private education loan' means a private education loan, as
defined in section 140(a) of the Truth in Lending Act (15
U.S.C. 1650(a)), that--
``(A) was disbursed to the borrower before July 1,
2020; and
``(B) was for the borrower's own postsecondary
educational expenses for an eligible program at an
institution of higher education participating in the
loan program under this part, as of the date that the
loan was disbursed.
``(2) Federal direct refinanced private loan.--The term
`Federal Direct Refinanced Private Loan' means a loan issued
under subsection (b)(1).
``(3) Private educational lender.--The term `private
educational lender' has the meaning given the term in section
140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
``(4) Qualified borrower.--The term `qualified borrower'
means an individual who--
``(A) has an eligible private education loan;
``(B) has been current on payments on the eligible
private education loan for the 6 months prior to the
date of the qualified borrower's application for
refinancing under this section, and is in good standing
on the loan at the time of such application;
``(C) is not in default on the eligible private
education loan or on any loan made, insured, or
guaranteed under this part or part B or E; and
``(D) meets the eligibility requirements described
in subsection (b)(2).
``(b) Program Authorized.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Treasury, shall carry out a program under
which the Secretary, upon application by a qualified borrower
who has an eligible private education loan, shall issue such
borrower a loan under this part in accordance with the
following:
``(A) The loan issued under this program shall be
in an amount equal to the sum of the unpaid principal,
accrued unpaid interest, and late charges of the
private education loan.
``(B) The Secretary shall pay the proceeds of the
loan issued under this program to the private
educational lender of the private education loan, in
order to discharge the qualified borrower from any
remaining obligation to the lender with respect to the
original loan.
``(C) The Secretary shall require that the
qualified borrower undergo loan counseling that
provides all of the information and counseling required
under clause (i) and clauses (iv) through (xiv) of
section 485(b)(1)(A) (as amended by the College
Affordability Act) before the loan is refinanced in
accordance with this section, and before the proceeds
of such loan are paid to the private educational
lender.
``(D) The Secretary shall issue the loan as a
Federal Direct Refinanced Private Loan, which shall
have the same terms, conditions, and benefits as a
Federal Direct Unsubsidized Stafford Loan, except as
otherwise provided in this section.
``(2) Borrower eligibility.--The Secretary, in consultation
with the Secretary of the Treasury and the Director of the
Bureau of Consumer Financial Protection, shall establish
eligibility requirements--
``(A) based on income or debt-to-income ratio that
take into consideration providing access to refinancing
under this section for borrowers with the greatest
financial need;
``(B) to ensure eligibility only for borrowers in
good standing;
``(C) to minimize inequities between Federal Direct
Refinanced Private Loans and other Federal student
loans;
``(D) to preclude windfall profits for private
educational lenders; and
``(E) to ensure full access to the program
authorized in this subsection for borrowers with
private loans who otherwise meet the criteria
established in accordance with subparagraphs (A) and
(B).
``(c) Interest Rate.--
``(1) In general.--The interest rate for a Federal Direct
Refinanced Private Loan is--
``(A) in the case of a Federal Direct Refinanced
Private Loan for a private education loan originally
issued for undergraduate postsecondary educational
expenses, a rate equal to the rate for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans issued to undergraduate students for the 12-month
period beginning on July 1, 2019, and ending on June
30, 2020; and
``(B) in the case of a Federal Direct Refinanced
Private Loan for a private education loan originally
issued for graduate or professional degree
postsecondary educational expenses, a rate equal to the
rate for Federal Direct Unsubsidized Stafford Loans
issued to graduate or professional students for the 12-
month period beginning on July 1, 2019, and ending on
June 30, 2020.
``(2) Combined undergraduate and graduate study loans.--If
a Federal Direct Refinanced Private Loan is for a private
education loan originally issued for both undergraduate and
graduate or professional postsecondary educational expenses,
the interest rate shall be a rate equal to the rate for Federal
Direct PLUS Loans for the 12-month period beginning on July 1,
2019, and ending on June 30, 2020.
``(3) Fixed rate.--The applicable rate of interest
determined under this subsection for a Federal Direct
Refinanced Private Loan shall be fixed for the period of the
loan.
``(d) No Inclusion in Aggregate Limits.--The amount of a Federal
Direct Refinanced Private Loan, or a Federal Direct Consolidated Loan
to the extent such loan was used to repay a Federal Direct Refinanced
Private Loan, shall not be included in calculating a borrower's annual
or aggregate loan limits under section 428 or 428H.
``(e) No Eligibility for Service-Related Repayment.--A Federal
Direct Refinanced Private Loan, or any Federal Direct Consolidation
Loan to the extent such loan was used to repay a Federal Direct
Refinanced Private Loan, shall not be eligible for any loan repayment
or loan forgiveness program under section 428K, 428L, or 460 or for the
repayment plan for public service employees under section 455(m).
``(f) Private Educational Lender Reporting Requirement.--
``(1) Reporting required.--The Secretary, in consultation
with the Secretary of the Treasury and the Director of the
Bureau of Consumer Financial Protection, shall establish a
requirement that private educational lenders report the data
described in paragraph (2) to the Secretary, to Congress, to
the Secretary of the Treasury, and to the Director of the
Bureau of Consumer Financial Protection, in order to allow for
an assessment of the private education loan market.
``(2) Contents of reporting.--The data that private
educational lenders shall report in accordance with paragraph
(1) shall include each of the following about private education
loans (as defined in section 140(a) of the Truth in Lending Act
(15 U.S.C. 1650(a))):
``(A) The total amount of private education loan
debt the lender holds.
``(B) The total number of private education loan
borrowers the lender serves.
``(C) The average interest rate on the outstanding
private education loan debt held by the lender.
``(D) The proportion of private education loan
borrowers who are in default on a loan held by the
lender.
``(E) The proportion of the outstanding private
education loan volume held by the lender that is in
default.
``(F) The proportions of outstanding private
education loan borrowers who are 30, 60, and 90 days
delinquent.
``(G) The proportions of outstanding private
education loan volume that is 30, 60, and 90 days
delinquent.
``(g) Notification to Borrowers.--The Secretary, in coordination
with the Secretary of the Treasury and the Director of the Bureau of
Consumer Financial Protection, shall undertake a campaign to alert
borrowers about the availability of private student loan refinancing
under this section.''.
PART E--FEDERAL PERKINS LOANS
SEC. 4401. AUTHORIZATION OF APPROPRIATIONS FOR PERKINS LOAN.
Section 461(b) of the Higher Education Act of 1965 (20 U.S.C.
1087aa(b)) is amended--
(1) by striking ``(1) In general.--'';
(2) by striking paragraphs (2) and (3); and
(3) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively.
SEC. 4402. ALLOCATION OF FUNDS FOR PERKINS LOAN.
Section 462 of the Higher Education Act of 1965 (20 U.S.C. 1087bb)
is amended--
(1) in subsection (a)(1), by striking ``From'' and
inserting ``For any fiscal year before fiscal year 2021,
from''; and
(2) in subsection (i)(1), by striking ``for any fiscal
year,'' and inserting ``for any fiscal year before fiscal year
2021,''.
SEC. 4403. FEDERAL DIRECT PERKINS LOAN ALLOCATION.
Part E of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087aa et seq.) is amended by inserting after section 462 the
following:
``SEC. 462A. FEDERAL DIRECT PERKINS LOAN ALLOCATION.
``(a) Purpose.--The purpose of this section is to make funds
available, in accordance with section 452, to each participating
institution in an amount not to exceed the sum of an institution's
allocation of funds under subsection (b)(1)(B) to enable each such
participating institution to make Federal Direct Perkins Loans under
section 455A to eligible students at such participating institution.
``(b) Available Direct Perkins Annual Loan Authority.--
``(1) Availability and allocations.--
``(A) In general.--There are hereby made available,
from funds made available for loans made under part D,
not to exceed $2,400,000,000 of annual loan authority
for award year 2021-2022 and each succeeding award
year, to be allocated as provided in subparagraph (B).
``(B) Allocation formula.--Except as provided in
paragraphs (2) and (3), for each award year, the
Secretary shall allocate an amount to each
participating institution that is equal to--
``(i) 100 percent of the institutional
undergraduate student need (as determined under
subparagraph (C)) for the preceding award year;
and
``(ii) 25 percent of the institutional
graduate student need (as determined under
subparagraph (D)) for the preceding award year.
``(C) Institutional undergraduate student need
calculation.--The institutional undergraduate student
need for a participating institution for an award year
shall be equal to the sum of the following:
``(i) An amount equal to 50 percent of the
amount that bears the same proportion to the
amount made available under subparagraph (A)
for such award year as the total amount of
Federal Pell Grant funds awarded at the
participating institution for the preceding
award year bears to the total amount of Federal
Pell Grant funds awarded at all participating
institutions for the preceding award year.
``(ii) An amount equal to 50 percent of the
amount that bears the same proportion to the
amount made available under subparagraph (A)
for such award year as the total amount of the
undergraduate student need at the participating
institution for the preceding award year bears
to the total amount of undergraduate student
need at all participating institutions for the
preceding award year.
``(D) Institutional graduate student need
calculation.--The institutional graduate student need
for a participating institution for an award year shall
be equal to the amount that bears the same proportion
to the amount made available under subparagraph (A) for
such award year as the total amount of the graduate
student need at the participating institution for the
preceding award year bears to the total amount of
graduate student need at all participating institutions
for the preceding award year.
``(2) Required minimum amount.--In no case shall the sum of
a participating institution's allocation of loan authority
computed under paragraph (1)(B) be less than the average of the
institution's total principal amount of loans made under this
part for each of the academic years 2012-2013 through 2016-
2017.
``(3) Additional adjustments.--If the Secretary determines
that the sum of a participating institution's allocation of
loan authority under paragraph (1)(B) is below the minimum
amount required under paragraph (3), the Secretary shall--
``(A) for each participating institution for which
the minimum amount under paragraph (3) is not
satisfied, increase the amount of such sum to the
amount of the required minimum under such paragraph;
and
``(B) ratably reduce the amount of the sum of such
loan authority of all participating institutions not
described in subparagraph (A).
``(c) Definitions.--In this section:
``(1) Annual loan authority.--The term `annual loan
authority' means the total original principal amount of loans--
``(A) made available for loans under part D; and
``(B) that may be allocated under subsection (b)(1)
for an award year to participating institutions to make
Federal Direct Perkins Loans under section 455A.
``(2) Average cost of attendance.--The term `average cost
of attendance' has the meaning given the term in section
4202(e)(5)(B).
``(3) Graduate student need.--The term `graduate student
need' means, with respect to a graduate student for an award
year, the lesser of the following:
``(A) The amount equal to (except the amount
computed by this subparagraph shall not be less than
zero)--
``(i) the average cost of attendance for
the preceding award year, minus
``(ii) such graduate student's expected
family contribution (computed in accordance
with part F of this title) for the preceding
award year.
``(B) The total annual loan limit for a Federal
Direct Unsubsidized Stafford Loan.
``(4) 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
``(ii) such undergraduate student's
expected family contribution (computed in
accordance with part F of this title) for the
preceding award year.
``(B) The total loan annual limit for a Federal
Direct Unsubsidized Stafford Loan and a Federal Direct
Loan.
``(5) Participating institution.--The term `participating
institution' means an institution of higher education--
``(A) that has an agreement under section 463(f);
``(B) that participates in the Federal Direct
Stafford Loan Program; and
``(C) is not an institution described in section
102(a)(1)(C).''.
SEC. 4404. AGREEMENTS WITH INSTITUTIONS OF HIGHER EDUCATION FOR
PURPOSES OF THE PERKINS LOAN PROGRAM.
(a) Amendments.--Section 463 of the Higher Education Act of 1965
(20 U.S.C. 1087cc) is amended--
(1) in subsection (a)--
(A) in the heading, by inserting ``for Loans Made
Before July 1, 2021'' after ``Agreements'';
(B) in paragraph (3)(A), by inserting ``before July
1, 2021'' after ``students'';
(C) in paragraph (4), by striking ``thereon--'' and
all that follows and inserting ``thereon, if the
institution has failed to maintain an acceptable
collection record with respect to such loan, as
determined by the Secretary in accordance with criteria
established by regulation, the Secretary may require
the institution to assign such note or agreement to the
Secretary, without recompense;''; and
(D) in paragraph (5), by striking ``and the
Secretary shall apportion'' and all that follows
through ``in accordance with section 462'' and
inserting ``and the Secretary shall return a portion of
funds from loan repayments to the institution as
specified in section 466(b)'';
(2) by amending subsection (b) to read as follows:
``(b) Administrative Expenses.--An institution that has entered
into an agreement under subsection (a) shall be entitled, for each
fiscal year during which it services student loans from a student loan
fund established under such agreement, to a payment in lieu of
reimbursement for its expenses in servicing student loans made before
July 1, 2021. Such payment shall be equal to 0.50 percent of the
outstanding principal and interest balance of such loans being serviced
by the institution as of September 30 of each fiscal year.''; and
(3) by adding at the end the following:
``(f) Contents of Agreements for Loans Made on or After July 1,
2021.--An agreement with any institution of higher education that
elects to participate in the Federal Direct Perkins Loan program under
section 455A shall provide--
``(1) for the establishment and maintenance of a Direct
Perkins Loan program at the institution under which the
institution shall use annual loan authority allocated under
section 462A to make loans to eligible students attending the
institution;
``(2) that the institution, unless otherwise specified in
this subsection, shall operate the program consistent with the
requirements of agreements established under section 454; and
``(3) that if the institution ceases to be eligible to
receive Federal loans under this title based on loss of
eligibility under section 435(a), due to a high adjusted cohort
default rate, the Secretary shall suspend or terminate the
institution's eligibility to make Federal Direct Perkins Loans
under section 455A unless and until the institution would
qualify for a resumption of eligible institution status under
such section 435(a).''.
(b) Effective Date.--The amendments made by paragraph (2) of
subsection (a) shall take effect on October 1, 2021.
SEC. 4405. STUDENT LOAN INFORMATION BY ELIGIBLE INSTITUTIONS FOR
PURPOSES OF THE PERKINS LOAN PROGRAM.
Section 463A of the Higher Education Act of 1965 (20 U.S.C. 1087cc-
1) is amended--
(1) in subsection (a), by striking ``Each institution'' and
inserting ``For loans made before July 1, 2021, each
institution''; and
(2) in subsection (b), by striking ``Each institution'' and
inserting ``For loans made before July 1, 2021, each
institution''.
SEC. 4406. TERMS OF LOANS FOR PURPOSES OF THE PERKINS LOAN PROGRAM.
Section 464 of the Higher Education Act of 1965 (20 U.S.C. 1087dd)
is amended--
(1) in subsection (a)(1), by striking ``section 463'' and
inserting ``section 463(a)'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``made before
July 1, 2021,'' after ``A loan''; and
(B) in paragraph (2), by inserting ``(with respect
to a loan made before July 1, 2021) or an allocation
under section 462A (with respect to a loan made on or
after July 1, 2021)'' after ``capital contribution
under section 462'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``made before
July 1, 2021,'' after ``a loan'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting
``made before July 1, 2021,'' after ``any
loan''; and
(ii) in subparagraph (B), by inserting
``made before July 1, 2021,'' after ``any
loan'';
(C) in paragraph (3)(B), by inserting ``for a loan
made before July 1, 2021,'' after ``Secretary, the
repayment period'';
(D) in paragraph (4), by inserting ``before July 1,
2021,'' after ``for a loan made'';
(E) in paragraph (5), by striking ``The
institution'' and inserting ``For loans made before
July 1, 2021, the institution''; and
(F) in paragraph (6), by inserting ``made before
July 1, 2021,'' after ``of loans'';
(4) in subsection (d), by inserting ``made before July 1,
2021,'' before ``from the student loan fund'';
(5) in subsection (e), by inserting ``with respect to loans
made before July 1, 2021, and'' before ``as documented in
accordance with paragraph (2),'';
(6) in subsection (f)(1), by inserting ``before July 1,
2021'' after ``this part'';
(7) in subsection (g)(1), by inserting ``and before July 1,
2021,'' after ``January 1, 1986,'';
(8) in subsection (h)--
(A) in paragraph (1)(A) by inserting ``before July
1, 2021,'' after ``made under this part''; and
(B) in paragraph (2), by inserting ``before July 1,
2021,'' after ``under this part''; and
(9) in subsection (j)(1), by inserting ``before July 1,
2021,'' after ``under this part''.
SEC. 4407. REIMBURSEMENT FOR CANCELLATION OF PERKINS LOANS FOR CERTAIN
PUBLIC SERVICE.
Section 465 of the Higher Education Act of 1965 (20 U.S.C. 1087ee)
is amended--
(1) in subsection (a), by inserting ``and before July 1,
2021,'' after ``June 30, 1972,''; and
(2) by amending subsection (b) to read as follows:
``(b) Reimbursement for Cancellations.--
``(1) Assigned loans.--In the case of loans made under this
part before July 1, 2021, and that are assigned to the
Secretary, the Secretary shall, from amounts repaid each
quarter on assigned Perkins Loans made before July 1, 2021, pay
to each institution for each quarter an amount equal to--
``(A) the aggregate of the amounts of loans from
its student loan fund that are canceled pursuant to
this section for such quarter, minus
``(B) an amount equal to the aggregate of the
amounts of any such loans so canceled that were made
from Federal capital contributions to its student loan
fund.
``(2) Retained loans.--In the case of loans made under this
part before July 1, 2021, and that are retained by the
institution for servicing, the institution shall deduct from
loan repayments owed to the Secretary under section 466, an
amount equal to--
``(A) the aggregate of the amounts of loans from
its student loan fund that are canceled pursuant to
this section for such quarter, minus
``(B) an amount equal to the aggregate of the
amounts of any such loans so canceled that were made
from Federal capital contributions to its student loan
fund.''.
SEC. 4408. DISTRIBUTION OF ASSETS FROM STUDENT LOAN FUNDS FOR PURPOSES
OF THE PERKINS LOAN PROGRAM.
Section 466 of the Higher Education Act of 1965 (20 U.S.C. 1087ff)
is amended to read as follows:
``SEC. 466. DISTRIBUTION OF ASSETS FROM STUDENT LOAN FUNDS.
``(a) Capital Distribution.--Beginning July 1, 2021, there shall be
a capital distribution of the balance of the student loan fund
established under this part by each institution of higher education as
follows:
``(1) For the quarter beginning July 1, 2021, the Secretary
shall first be paid, no later than September 30, 2021, an
amount that bears the same ratio to the cash balance in such
fund at the close of June 30, 2021, as the total amount of the
Federal capital contributions to such fund by the Secretary
under this part bears to--
``(A) the sum of such Federal contributions and the
institution's capital contributions to such fund, less
``(B) an amount equal to--
``(i) the institution's outstanding
administrative costs as calculated under
section 463(b);
``(ii) outstanding charges assessed under
section 464(c)(1)(H); and
``(iii) outstanding loan cancellation costs
incurred under section 465.
``(2) At the end of each quarter subsequent to the quarter
ending September 30, 2021, the Secretary shall first be paid an
amount that bears the same ratio to the cash balance in such
fund at the close of the preceding quarter, as the total amount
of the Federal capital contributions to such fund by the
Secretary under this part bears to--
``(A) the sum of such Federal contributions and the
institution's capital contributions to such fund, less
``(B) an amount equal to--
``(i) the institution's administrative
costs incurred for that quarter as calculated
under section 463(b);
``(ii) charges assessed for that quarter
under section 464(c)(1)(H); and
``(iii) loan cancellation costs incurred
for that quarter under section 465.
``(3)(A) The Secretary shall calculate the amounts due to
the Secretary under paragraph (1) (adjusted in accordance with
subparagraph (B), as appropriate) and paragraph (2) and shall
promptly inform the institution of such calculated amounts.
``(B) In the event that, prior to the date of enactment of
the College Affordability Act, an institution made a short-
term, interest-free loan to the institution's student loan fund
established under this part in anticipation of collections or
receipt of Federal capital contributions, and the institution
demonstrates to the Secretary, on or before June 30, 2021, that
such loan will still be outstanding after June 30, 2021, the
Secretary shall subtract the amount of such outstanding loan
from the cash balance of the institution's student loan fund
that is used to calculate the amount due to the Secretary under
paragraph (1). An adjustment of an amount due to the Secretary
under this subparagraph shall be made by the Secretary on a
case-by-case basis.
``(4) Any remaining balance at the end of a quarter after a
payment under paragraph (1) or (2) shall be retained by the
institution for use at its discretion. Any balance so retained
shall be withdrawn from the student loan fund and shall not be
counted in calculating amounts owed to the Secretary for
subsequent quarters.
``(5) Each institution shall make the quarterly payments to
the Secretary described in paragraph (2) until all outstanding
Federal Perkins Loans at that institution have been assigned to
the Secretary and there are no funds remaining in the
institution's student loan fund.
``(6) In the event that the institution's administrative
costs, charges, and cancellation costs described in paragraph
(2) for a quarter exceed the amount owed to the Secretary under
paragraphs (1) and (2) for that quarter, no payment shall be
due to the Secretary from the institution for that quarter and
the Secretary shall pay the institution, from funds realized
from the collection of assigned Federal Perkins Loans made
before July 1, 2021, an amount that, when combined with the
amount retained by the institution under paragraphs (1) and
(2), equals the full amount of such administrative costs,
charges, and cancellation costs.
``(b) Assignment of Outstanding Loans.--Beginning July 1, 2021, an
institution of higher education may assign all outstanding loans made
under this part before July 1, 2021, to the Secretary, consistent with
the requirements of section 463(a)(5). In collecting loans so assigned,
the Secretary shall pay an institution an amount that constitutes the
same fraction of such collections as the fraction of the cash balance
that the institution retains under subsection (a)(2), but determining
such fraction without regard to subparagraph (B)(i) of such
subsection.''.
PART F--NEED ANALYSIS
SEC. 4501. AMENDMENTS TO FAMILY CONTRIBUTION.
Section 473(b) of the Higher Education Act of 1965 (20 U.S.C.
1087mm) is amended--
(1) in paragraph (1), by striking ``academic year'' and
inserting ``award year''; and
(2) in paragraph (2)--
(A) by striking ``academic year'' each place it
appears and inserting ``award year'';
(B) by striking ``academic years'' and inserting
``award years'';
(C) in subparagraph (B), by striking ``parent or
guardian'' and inserting ``parent, guardian, or
spouse''; and
(D) in subparagraph (C), by inserting ``in the case
of a student whose parent or guardian is described in
clause (i) or (ii) of subparagraph (B),'' before
``who''.
SEC. 4502. AMENDMENTS TO DATA ELEMENTS WHEN DETERMINING THE EXPECTED
FAMILY CONTRIBUTION.
Section 474(b) of the Higher Education Act of 1965 (20 U.S.C.
1087nn(b)) is amended in paragraph (4), by inserting before ``the net''
the following: ``only in the case of a pathway three applicant,''.
SEC. 4503. AMENDMENTS TO FAMILY CONTRIBUTION FOR DEPENDENT STUDENTS.
(a) Dependent Students.--Section 475 of the Higher Education Act of
1965 (20 U.S.C. 1087oo) is amended--
(1) in subsection (a)(3), by inserting before ``the
student'' the following: ``only in the case of a pathway three
applicant,'';
(2) in subsection (b)(1)(B), by inserting before ``the
parents''' the following: ``only in the case of a pathway three
applicant,''; and
(3) in subsection (b)(3), by striking ``award period'' and
inserting ``award year''.
(b) Increasing Support for Working Dependent Students.--Section
475(g)(2)(D) of the Higher Education Act of 1965 (20 U.S.C.
1087oo(g)(2)(D)) is amended to read as follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $9,230 for award year 2021-2022;''.
SEC. 4504. AMENDMENTS TO FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS
WITHOUT DEPENDENTS OTHER THAN A SPOUSE.
(a) Independent Students Without Dependents Other Than a Spouse.--
Section 476(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(a)(1)(B)) is amended by inserting before ``the family's
contribution'' the following: ``only in the case of a pathway three
applicant,''.
(b) Increasing Support for Working Independent Students Without
Dependents Other Than a Spouse.--Section 476 of the Higher Education
Act of 1965 (20 U.S.C. 1087pp) is further amended--
(1) in subsection (a)(2), by striking ``award period'' and
inserting ``award year''; and
(2) by amending subsection (b)(1)(A)(iv) to read as
follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $14,360 for award
year 2021-2022; and
``(II) for married students where 1
is enrolled pursuant to subsection
(a)(2), of $23,030 for award year 2021-
2022;''.
SEC. 4505. AMENDMENTS TO FAMILY CONTRIBUTION FOR INDEPENDENT STUDENTS
WITH DEPENDENTS OTHER THAN A SPOUSE.
(a) Independent Students With Dependents Other Than a Spouse.--
Section 477(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(a)(1)(B)) is amended by inserting before ``the family's
contribution'' the following: ``only in the case of a pathway three
applicant,''.
(b) Increasing Support for Working Independent Students With
Dependents Other Than a Spouse.--Section 477 of the Higher Education
Act of 1965 (20 U.S.C. 1087qq) is amended--
(1) in subsection (a)(3), by striking ``award period'' and
inserting ``award year''; and
(2) by amending subsection (b)(4) to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for award
year 2021-2022:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $36,370 $30,160 $6,180
3 45,290 39,100 $32,890
4 55,920 49,720 43,540 $37,300
5 65,990 59,750 53,570 47,360 $41,180
6 77,170 70,960 64,790 58,540 52,350
For each
additional
add: 8,710 ''.
----------------------------------------------------------------------------------------------------------------
SEC. 4506. INSTITUTIONAL CALCULATIONS FOR OFF-CAMPUS ROOM AND BOARD.
(a) Authority to Prescribe Regulations.--Section 478(a) of the
Higher Education Act of 1965 (20 U.S.C. 1087rr(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; or''; and
(C) by adding at the end the following:
``(C) to prescribe--
``(i) one methodology that institutions of higher
education (other than institutions that receive a
waiver under clause (ii)) shall use, or a selection of
two or more methodologies from which such institutions
shall select and use a methodology, to determine the
allowance for room and board costs incurred by students
described in subparagraph (A) of section 472(3) and by
students described in subparagraph (D) of such section,
which shall--
``(I) ensure that each such allowance
determination is sufficient to cover reasonable
room and board costs incurred by the students
for whom such allowance is being determined;
and
``(II) include the sources of information
that institutions shall use in making each such
allowance determination; and
``(ii) a process for granting institutions of
higher education a waiver from the requirements of
clause (i), including--
``(I) a requirement that each institution
of higher education seeking such a waiver
submit to the Secretary--
``(aa) a description of the
methodology that the institution will
use for each allowance determination
described in clause (i);
``(bb) an assurance that each such
allowance determination meets the
requirements of clause (i)(I); and
``(cc) a demonstration that the
institution will use reliable sources
of information for each such allowance
determination; and
``(II) a requirement that each institution
of higher education that receives such a waiver
publicly disclose on the website of the
institution the methodology and sources of
information used by the institution for each
allowance determination described in clause
(i).''; and
(2) by adding at the end the following:
``(3) Any regulation proposed by the Secretary under paragraph
(1)(C) of this subsection shall not be subject to the requirements of
paragraph (2).''.
(b) Requirement to Prescribe Regulations.--Not later than 18 months
after the date of enactment of this Act, the Secretary of Education
shall issue regulations that meet the requirements of subparagraph (C)
of section 478(a)(1) of the Higher Education Act of 1965 (20 U.S.C.
1087rr(a)(1)), as added by subsection (a).
SEC. 4507. UPDATED TABLES AND AMOUNTS TO NEED ANALYSIS.
Section 478 of the Higher Education Act of 1965 (20 U.S.C. 1087rr)
is further amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) In general.--For each award year after award
year 2021-2022, the Secretary shall publish in the
Federal Register a revised table of income protection
allowances for the purpose of sections 475(c)(4) and
477(b)(4), subject to subparagraphs (B) and (C).
``(B) Table for independent students.--For each
award year after award year 2021-2022, the Secretary
shall develop the revised table of income protection
allowances by increasing each of the dollar amounts
contained in the table of income protection allowances
under section 477(b)(4) by a percentage equal to the
estimated percentage increase in the Consumer Price
Index (as determined by the Secretary for the most
recent calendar year ending prior to the beginning of
the award year for which the determination is being
made), and rounding the result to the nearest $10.'';
and
(B) in paragraph (2)--
(i) in the first sentence, by striking
``academic year after academic year 2007-2008''
and inserting ``award year after award year
2021-2022''; and
(ii) in the second sentence, by striking
``shall be developed'' and all that follows
through the period at the end and inserting
``shall be developed for each award year after
award year 2021-2022, by increasing each of the
dollar amounts contained in such section for
award year 2021-2022 by a percentage equal to
the estimated percentage increase in the
Consumer Price Index (as determined by the
Secretary for the most recent calendar year
ending prior to the beginning of the award year
for which the determination is being made), and
rounding the result to the nearest $10.''; and
(2) in subsection (e)(1), by striking ``academic year'' and
inserting ``award year''.
SEC. 4508. ZERO EXPECTED FAMILY CONTRIBUTION.
Section 479 of the Higher Education Act of 1965 (20 U.S.C. 1087ss)
is amended to read as follows:
``SEC. 479. ZERO EXPECTED FAMILY CONTRIBUTION.
``(a) In General.--The Secretary shall consider an applicant to
have an expected family contribution equal to zero if--
``(1) in the case of a dependent student--
``(A)(i) the student's parents are not required to
file--
``(I) a Federal income tax return; or
``(II) with respect to Internal Revenue
Service Form 1040, any of the following forms:
Schedule A, Schedule B, Schedule C, Schedule C-
EZ, Schedule D, Schedule E, Schedule F,
Schedule H, Schedule J, and Schedule SE; and
``(ii) the sum of the adjusted gross income of the
parents is less than or equal to $37,000; or
``(B) the student's parents, or the student,
received a benefit at some time during the previous 24-
month period under a means-tested Federal benefit
program;
``(2) in the case of an independent student without regard
to whether the student has dependents other than a spouse--
``(A)(i) the student (and the student's spouse, if
any) certifies that the student (and the student's
spouse, if any)--
``(I) is not required to file a Federal
income tax return; or
``(II) with respect to Internal Revenue
Service Form 1040, any of the following forms:
Schedule A, Schedule B, Schedule C, Schedule C-
EZ, Schedule D, Schedule E, Schedule F,
Schedule H, Schedule J, and Schedule SE; and
``(ii) the sum of the adjusted gross income of the
student and spouse (if appropriate) is less than or
equal to $37,000; or
``(B) the student received a benefit at some time
during the previous 24-month period under a means-
tested Federal benefit program; or
``(3) the applicant is a pathway one applicant under
section 483(a)(13).
``(b) Earned Income Credit.--An individual is not required to
qualify or file for the earned income credit in order to be eligible
under this section.
``(c) Adjustments.--The Secretary shall annually adjust the income
level necessary to qualify an applicant for the zero expected family
contribution. The income level shall be annually increased by the
estimated percentage change in the Consumer Price Index, as defined in
section 478(f), for the most recent calendar year ending prior to the
beginning of an award year, and rounded to the nearest $1,000.
``(d) Means-tested Federal Benefit Program Defined.--For purposes
of this title, a `means-tested Federal benefit program' means a
mandatory spending program of the Federal Government, other than a
program under this title, in which eligibility for the program's
benefits, or the amount of such benefits, are determined on the basis
of income or resources of the individual or family seeking the benefit,
and may include such programs as--
``(1) the supplemental security income program under title
XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
``(2) the supplemental nutrition assistance program under
the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), a
nutrition assistance program carried out under section 19 of
such Act (7 U.S.C. 2028), and a supplemental nutrition
assistance program carried out under section 1841(c) of title
48 of the United States Code;
``(3) the program of block grants for States for temporary
assistance for needy families established under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.);
``(4) the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
``(5) the State Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.); and
``(6) any other program identified by the Secretary.''.
SEC. 4509. AMENDMENTS TO DEFINITIONS IN NEED ANALYSIS.
(a) Using Data From the Second Preceding Year.--Section
480(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)(1)(B)) is amended by striking ``may'' in both places it
appears and inserting ``shall''.
(b) Changes to Untaxed Income and Benefits.--Section 480(b) of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(b)) is amended--
(1) in paragraph (1), to read as follows:
``(1) The term `untaxed income and benefits' means--
``(A) child support received;
``(B) untaxed portion of pensions;
``(C) payments to individual retirement accounts
and Keogh accounts excluded from income for Federal
income tax purposes; and
``(D) cash support or any money paid on the
student's behalf, except, for dependent students, funds
provided by the student's parents.''; and
(2) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(E);
(B) by striking the period at the end of
subparagraph (F) and inserting a semicolon; and
(C) by adding at the end the following:
``(G) worker's compensation;
``(H) veteran's benefits such as death pension,
dependency, or indemnity compensation, or veterans'
education benefits as defined in subsection (c);
``(I) interest on tax-free bonds;
``(J) housing, food, or other allowances (including
rent subsidies for low-income housing) for military,
clergy, and others (including cash payments and cash
value of benefits), or the value of on-base military
housing or the value of basic allowance for housing
determined under section 403(b) of title 37, United
States Code, received by the parents, in the case of a
dependent student, or the student or student's spouse,
in the case of an independent student; or
``(K) any other untaxed income and benefits, such
as Black Lung Benefits, Refugee Assistance, or railroad
retirement benefits, or benefits received through
participation in employment and training activities
under title I of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3111 et seq.).''.
(c) Amendment to the Definition of Independent Student As It
Relates to Foster and Homeless Youth.--Section 480(d)(1)(H) of the
Higher Education Act of 1965 (20 U.S.C. 1087vv(d)(1)(H)) is amended--
(1) in the matter preceding clause (i)--
(A) by striking ``during the school year in which
the application is submitted'';
(B) by inserting ``age 23 or younger'' after
``unaccompanied youth''; and
(C) by striking ``terms are'' and inserting ``term
is'';
(2) in clause (i), by inserting ``, or a designee of the
liaison'' after ``Act'';
(3) in clause (ii), by striking ``a program funded under
the Runaway and Homeless Youth Act'' and inserting ``an
emergency or transitional shelter, street outreach program,
homeless youths drop-in center, or other program serving
homeless youths,''; and
(4) in clause (iii), by striking ``program funded under
subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act (relating to emergency shelter grants)'' and
inserting ``Federal TRIO program or a Gaining Early Awareness
and Readiness for Undergraduate program under chapter 1 or 2 of
subpart 2 of part A,''.
(d) Streamlining the Determination and Verification Process for
Foster and Homeless Youth.--Section 480(d) of the Higher Education Act
of 1965 (20 U.S.C. 1087vv(d)) is further amended by adding at the end
the following:
``(3) Simplifying the determination process for
unaccompanied youth.--
``(A) Verification.--A financial aid administrator
shall accept a determination of independence made by
any individual authorized to make such determinations
under clause (i), (ii), or (iii) of paragraph (1)(H) in
the absence of conflicting information. A documented
phone call with, or a written statement from, one of
the authorized individuals is sufficient verification
when needed. For purposes of this paragraph, a
financial aid administrator's disagreement with the
determination made by an authorized individual shall
not be considered conflicting information.
``(B) Determination of independence.--A financial
aid administrator shall make a determination of
independence under paragraph (1)(H) if a student does
not have, and cannot obtain, documentation from any of
the other designated authorities described in such
paragraph. Such a determination shall be--
``(i) based on the definitions outlined in
paragraph (1)(H);
``(ii) distinct from a determination of
independence under paragraph (1)(I);
``(iii) based on a documented interview
with the student; and
``(iv) limited to whether the student meets
the definitions in paragraph (1)(H) and not
about the reasons for the student's
homelessness.
``(C) Additional streamlining permitted.--Nothing
in this paragraph prohibits an institution from
implementing polices that--
``(i) streamline the determination of
independence under paragraph (1)(H); and
``(ii) improve a student's access to
financial aid because that student is an
unaccompanied youth.
``(4) Simplifying the verification process for foster care
youth.--
``(A) Verification of independence.--If an
institution requires documentation to verify that a
student is independent based on a status described in
paragraph (1)(B), a financial aid administrator shall
consider any of the following as adequate verification:
``(i) Submission of a court order or
official State documentation that the student
received Federal or State support in foster
care.
``(ii) A documented phone call with, a
written statement from, or verifiable data
match with--
``(I) a child welfare agency
authorized by a State or county;
``(II) a Tribal child welfare
authority;
``(III) an Independent Living case
worker;
``(IV) a public or private foster
care placing agency or foster care
facility or placement;
``(V) another program serving
orphans, foster care youth, or wards of
the court; or
``(VI) a probation officer.
``(iii) A documented phone call with, or a
written statement from, an attorney, a guardian
ad litem, or a Court Appointed Special
Advocate, documenting that person's
relationship to the student.
``(iv) A documented phone call with, or a
written statement from, a representative of a
Federal TRIO program or a Gaining Early
Awareness and Readiness for Undergraduate
program under chapter 1 or 2 of subpart 2 of
part A.
``(v) Verification of the student's
eligibility for an education and training
voucher under the John H. Chafee Foster Care
Independence Program (42 U.S.C. 677).
``(vi) Documentation of foster care
provided pursuant to section 475(5)(I) of the
Social Security Act (45 U.S.C. 675(5)(I)).
``(vii) Submission of a copy of the
student's biological or adoptive parents' or
legal guardians'--
``(I) Certificates of Death; or
``(II) verifiable obituaries.
``(viii) An attestation from the student,
which includes a description of why the student
may qualify for a status described in paragraph
(1)(B), including the approximate dates that
the student was in foster care, dependent, or a
ward of the court, to the best of the student's
knowledge after making reasonable efforts to
provide any requested documentation.
``(B) Additional streamlining permitted.--Nothing
in this paragraph prohibits an institution from
implementing polices that streamline the determination
of independent status and improve a student's access to
financial aid because that student is an orphan, in
foster care, or a ward of the court, or was an orphan,
in foster care, or a ward of the court at any time
since such student was 13 years of age or older.
``(5) Timing; use of earlier determination.--
``(A) Timing.--A determination under subparagraph
(B) or (H) of paragraph (1) for a student--
``(i) shall be made as quickly as
practicable;
``(ii) may be made as early as the year
before the award year for which the student
initially submits an application; and
``(iii) shall be made no later than during
the award year for which the student initially
submits an application.
``(B) Use of earlier determination.--Any student
who is determined to be independent under subparagraph
(B) or (H) of paragraph (1) for a preceding award year
at an institution shall be presumed to be independent
for each subsequent award year at the same institution
unless--
``(i) the student informs the institution
that circumstances have changed; or
``(ii) the institution has specific
conflicting information about the student's
independence, and has informed the student of
this information and the opportunity to
challenge such information through a documented
interview or an impartial review by the
Borrower Advocate pursuant to section
141(f)(6)(C).
``(6) Retention of documents.--A financial aid
administrator shall retain all documents related to the
determination of independence under subparagraph (B) or (H) of
paragraph (1), including documented interviews, for the
duration of the student's enrollment at the institution and for
a minimum of 1 year after the student is no longer enrolled at
the institution.''.
(e) Excludable Income.--Section 480(e) of the Higher Education Act
of 1965 (20 U.S.C. 1087vv(e)) is amended by striking paragraph (5) and
inserting the following:
``(5) payments made and services provided under part E of
title IV of the Social Security Act to or on behalf of any
child or youth over whom the State agency has responsibility
for placement, care, or supervision, including the value of
vouchers for education and training and amounts expended for
room and board for youth who are not in foster care but are
receiving services under section 477 of such Act; and''.
PART G--GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS
SEC. 4601. DEFINITION OF ELIGIBLE PROGRAM.
(a) Eligible Program.--Section 481(b) of the Higher Education Act
of 1965 (20 U.S.C. 1088(b))--
(1) in paragraph (1)(A)(i), by striking ``profession'' and
inserting ``occupation'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by redesignating clause (iii) as clause
(vi); and
(ii) by inserting after clause (ii) the
following:
``(iii) has a verified annual earnings rate among
individuals who completed the program, as determined under
subparagraph (D), that is not less than the average or median
annual earnings rate of 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--
``(I) such average or median earnings rate in the
United States; or
``(II) subject to subparagraph (E), such average or
median earnings rate in the State or local area in
which the institution offering the program is located;
``(iv) prepares students for gainful employment in a
recognized occupation;
``(v) has been in operation for not less than two
consecutive years; and''; and
(B) by adding at the end the following:
``(C)(i) For each subsequent year for which a program seeks
eligibility under this paragraph, the Secretary shall reevaluate
whether the program continues to meet the requirements of clauses (i),
(iii), (iv), and (vi) of subparagraph (A). A program that does not meet
such requirements for two consecutive award years (or, in the case of a
program that does not meet the requirements under subparagraph (A)(iv),
for a period of time determined by the Secretary) shall be ineligible
to participate in programs under this title--
``(I) for the period of two award years following the last
award year for which the program was eligible to participate in
such programs; and
``(II) for any subsequent award year, unless the program
reapplies for eligibility in accordance with clause (iii) and
the Secretary determines that the program meets the
requirements of such clauses.
``(ii) Not later than 60 days after receiving notification from the
Secretary of the loss of eligibility under clause (i), a program may
appeal a loss of eligibility to the Secretary. The Secretary may
restore the eligibility of a program under this paragraph if the
program demonstrates to the Secretary that extenuating circumstances
led to the loss of eligibility.
``(iii) The Secretary shall issue a decision on any appeal
submitted by a program under clause (ii) not later than 45 days after
its submission.
``(iv) After the expiration of the two-year period described in
clause (i)(I), a program that lost eligibility under clause (i) may
reapply to the Secretary for a determination of eligibility under this
paragraph.
``(D)(i) In this subsection, the term `verified annual earnings
rate' means the mean or median annual earnings rate (whichever is
higher) of individuals who completed a program calculated as of the
date that is approximately one year after the date on which such
individuals completed the program.
``(ii) For the first year for which a program seeks eligibility
under this paragraph, the institution that offers such program shall--
``(I) determine the verified annual earnings rate using
data obtained on individuals who completed the program;
``(II) obtain an audit of such determination from an
independent auditor;
``(III) together with the auditor described in subclause
(II), certify the accuracy of the verified annual earnings rate
to the Secretary; and
``(IV) determine the completion rate for the program, as
described in subparagraph (A)(i), and certify to the Secretary
the accuracy of such determination.
``(iii) For each subsequent year for which a program seeks
eligibility under this paragraph, the Secretary shall determine the
verified annual earnings rate and completion rate for the program using
data made available to the Secretary through the postsecondary student
data system established under section 132(l) or a successor system
(whichever includes the most recent data).
``(E)(i) Except as provided in clause (ii), for purposes of
calculating the average annual earnings rate of individuals with only a
high school diploma (or the equivalent) under subparagraph (A)(ii) the
Secretary shall apply the national average or median earnings rate in
the United States.
``(ii) The Secretary may apply the average or median earnings rate
in the State or local area in which the institution offering a program
is located, in lieu of the national average earnings rate, if the
institution provides sufficient justification to the Secretary.
``(F) Using the postsecondary student data system established under
section 132(l) or a successor system to streamline reporting
requirements and minimize reporting burdens, and in coordination with
the National Center for Education Statistics and each institution of
higher education offering an eligible program under this paragraph, the
Secretary shall, on at least an annual basis, collect data with respect
to each such eligible program, including the following:
``(i) The number and demographics of students who enroll in
the program.
``(ii) The number of credits attempted and accumulated
annually by students enrolled in the program.
``(iii) The share of such students who cease enrollment on
or before the completion of 60 percent of the payment period or
period of enrollment.
``(iv) The verified completion rate for the program, as
described in subparagraph (A)(i).
``(v) The mean and median annual earnings of graduates and
the verified annual earnings rate for the program, as described
in subparagraph (A)(ii).
``(vi) The number and demographics of students who complete
the program.
``(vii) The outcomes of the students who complete the
program, including--
``(I) the share of such students who continue
enrollment at the institution 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 certificate or degree program;
``(IV) the share of such students who secure
employment 6 months and 1 year, respectively--
``(aa) after completion of such program; or
``(bb) in the case of a program that
prepares students for a professional license or
certification exam, after acquiring such
license or certification; and
``(V) in the case of a program that prepares
students for a professional license or certification
exam, the share of such students who pass such exam.'';
and
(3) in paragraph (4), by inserting ``or in addition to''
after ``in lieu of''.
(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 Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report on the
impact of eligible programs described in section 481(b)(2) of
the Higher Education Act of 1965 (20 U.S.C. 1088(b)(2)), as
amended by this Act, based on the most recent data collected
under subparagraph (F) of such section; and
(2) make the report described in paragraph (1) publicly
available on the website of the Department of Education.
SEC. 4602. DEFINITION OF THIRD PARTY SERVICER.
Section 481(c) of the Higher Education Act of 1965 (20 U.S.C.
1088(c)) is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) any eligible institution of higher education to
recruit students; or''.
SEC. 4603. FAFSA SIMPLIFICATION.
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is
amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``process'' and all that follows through the
end of clause (ii) and inserting ``process a
paper version of the forms described in this
subsection, in accordance with subparagraph
(B).'';
(ii) by striking subparagraph (B);
(iii) by redesignating subparagraph (C) as
subparagraph (B); and
(iv) in subparagraph (B), as so
redesignated, by striking ``subparagraphs (A)
and (B)'' and inserting ``subparagraph (A)'';
(B) in paragraph (3)--
(i) in subparagraph (A), by striking the
last sentence;
(ii) by striking subparagraph (B), and
redesignating subparagraphs (C) through (H) as
subparagraphs (B) through (G), respectively;
(iii) in subparagraph (D), as so
redesignated--
(I) by striking ``The Secretary''
and inserting the following:
``(i) In general.--The Secretary''; and
(II) by adding at the end the
following:
``(ii) Scholarship granting
organizations.--
``(I) Authorization.--An
institution of higher education may,
with explicit written consent of an
applicant who has completed a form
developed under this section, provide
such information collected from such
form as is necessary to an organization
described in subclause (II) that is
designated by the applicant to assist
the applicant in applying for and
receiving financial assistance for any
component of the applicant's cost of
attendance at that institution.
``(II) Definition of
organization.--An organization
described in this subclause--
``(aa) means a scholarship
granting organization,
including a tribal organization
(defined in section 4 of the
Indian Self-Determination and
Education Assistance Act (25
U.S.C. 5304))) or an
organization assisting an
applicant in applying for and
receiving Federal, State,
local, or tribal assistance;
and
``(bb) shall be subject to
the requirements of clause
(i).''; and
(iv) in subparagraph (E), as so
redesignated, by striking ``subparagraph (G)''
and inserting ``subparagraph (F)'';
(C) in paragraph (4)--
(i) by striking ``academic year'' each
place it appears and inserting ``award year'';
(ii) in subparagraph (A), by striking
clause (iv); and
(iii) by adding at the end the following:
``(C) Single question regarding homeless status.--
The Secretary shall ensure that, on each form developed
under this section for which the information is
applicable, there is a single, easily understood
screening question to identify an applicant for aid who
is--
``(i) an unaccompanied homeless child or
youth (as such term is defined in section 725
of the McKinney-Vento Homeless Assistance Act);
or
``(ii) an unaccompanied youth who is self-
supporting and at risk of homelessness.
``(D) Incarcerated individuals.--
``(i) In general.--The Secretary shall
streamline the forms and processes for an
incarcerated individual (as defined in section
401(n)(4)) to apply for a Federal Pell Grant
under section 401, which--
``(I) shall be used to determine
the expected family contribution for
such individual as of the date of
enrollment in the course for which the
individual is applying for such Federal
Pell Grant; and
``(II) may include--
``(aa) flexibility in the
submission of any required
documentation required to
verify eligibility for a
Federal Pell Grant; and
``(bb) assistance in
rehabilitating loans under
section 428F.
``(ii) Report.--Not later than 1 year after
the date of enactment of the College
Affordability Act, the Secretary shall submit
to the Committee on Education and Labor of the
House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the
Senate, and make publicly available on the
website of the Department, a report on how the
forms and processes are being streamlined under
clause (i).'';
(D) in paragraph (5)--
(i) in subparagraph (A), by striking
``paragraphs (2)(B)(iii), (3)(B), and
(4)(A)(ii)'' and inserting ``paragraph
(4)(A)(ii)'';
(ii) in subparagraph (B)--
(I) by striking ``determine'' and
all that follows through ``which'' and
inserting ``determine which'';
(II) by striking ``; and'' and
inserting a period; and
(III) by striking clause (ii);
(iii) in subparagraph (C), by striking
``Beginning'' and all that follows through ``of
the State-specific'' and inserting ``The
Secretary shall publish on an annual basis a
notice in the Federal Register requiring State
agencies to inform the Secretary of the State-
specific''; and
(iv) by striking subparagraphs (D) through
(F), and redesignating subparagraph (G) as
subparagraph (D); and
(E) by adding at the end the following:
``(13) FAFSA pathways.--
``(A) Memorandum of understanding.--Not later than
the effective date of the College Affordability Act,
the Secretary shall seek to enter into a Memorandum of
Understanding with the Secretary of Health and Human
Services, the Secretary of Agriculture, and the
Secretary of the Treasury, under which any information
exchanged under an income and eligibility verification
system established pursuant to section 1137 of the
Social Security Act by State agencies administering a
program listed in paragraph (1), (4), or (5) of
subsection (b) of such section which may be of use in
establishing or verifying eligibility or benefit
amounts under such program shall be made available to
the Secretary of Education to assist in determining
whether the applicant (or, in the case of a dependent
applicant, whether the applicant or the applicant's
parents) received a benefit at some time during the
previous 24-month period under a means-tested Federal
benefit program, but subject to the requirements of
Federal law.
``(B) Requirement for all applicants and the
secretary.--For any award year for which an applicant
applies for financial assistance under this title
(except for any award year for which, pursuant to
paragraph (14), the applicant is not required to submit
a FAFSA)--
``(i) the applicant shall provide on the
form described in this subsection whether the
applicant received (or, in the case of a
dependent applicant, whether the applicant or
the parents of the applicant received) a
benefit at some time during the previous 24-
month period under a means-tested Federal
benefit program; and
``(ii) the Secretary, to the extent
practicable and pursuant to the Memorandum of
Understanding entered into under subparagraph
(A), and without any further action by the
applicant, shall verify the applicant's (or, in
the case of a dependent applicant, the
applicant's or the applicant's parents')
receipt of such benefit.
``(C) Pathway one applicants.--
``(i) In general.--With respect to an
applicant who received (or, in the case of a
dependent applicant, an applicant who received
or whose parents received) a benefit at some
time during the previous 24-month period under
a means-tested Federal benefit program, the
applicant shall not be required to provide any
further income or asset information on the form
under this subsection.
``(ii) Designation.--For purposes of this
section and part F, an applicant described in
clause (i) shall be referred to as a `pathway
one applicant'.
``(D) Pathway two applicants.--
``(i) In general.--With respect to an
applicant who is not a pathway one applicant
and who is described in clause (ii), the
Secretary, to the extent practicable, shall use
the data retrieval tool under section 484(p) to
obtain any information for the applicant beyond
the information described in subparagraph (A)
for purposes of the form under this subsection.
``(ii) Requirements.--An applicant
described in this clause is an applicant who
certifies that--
``(I) the applicant is not required
to file or, in the case of a dependent
applicant, no parent of the applicant
is required to file--
``(aa) a Federal income tax
return; or
``(bb) with respect to
Internal Revenue Service Form
1040, any of the following
forms: Schedule A, Schedule B,
Schedule C, Schedule C-EZ,
Schedule D, Schedule E,
Schedule F, Schedule H,
Schedule J, and Schedule SE;
and
``(II) the sum of the adjusted
gross income of the applicant or, in
the case of a dependent applicant, the
parents of the applicant, is less than
or equal to $60,000.
``(iii) Designation.--For purposes of this
section and part F, an applicant described in
clause (i) shall be referred to as a `pathway
two applicant'.
``(E) Pathway three applicants.--
``(i) In general.--With respect to an
applicant who is not a pathway one applicant or
a pathway two applicant, the Secretary, to the
extent practicable, shall use the data
retrieval tool under section 484(p) to obtain
any information for the applicant beyond the
information described in subparagraph (A) for
purposes of the form under this subsection.
``(ii) Designation.--For purposes of this
section and part F, an applicant described in
clause (i) shall be referred to as a `pathway
three applicant'.
``(F) Means-tested federal benefit program
defined.--For purposes of this paragraph, the term
`means-tested Federal benefit program' has the meaning
given the term in section 479(d).
``(14) One-time fafsa filing.--
``(A) In general.--Notwithstanding any other
provision of this section and subject to subparagraphs
(B) and (C), an applicant who submits a FAFSA for the
first time for an award year for the period required
for the completion of the first undergraduate
baccalaureate course of study being pursued by such
applicant and is eligible to receive a Federal Pell
Grant for such award year, for any succeeding award
year--
``(i) for which the applicant does not
submit a FAFSA and for which the applicant
submits a certification form described in
subparagraph (D) that does not indicate a
change in the dependency status of such
applicant, such applicant--
``(I) shall not be required to
submit a FAFSA to receive financial
assistance under this title; and
``(II) shall have an expected
family contribution for such year that
is equal to the expected family
contribution of the applicant
determined for the award year for which
the applicant submitted a FAFSA for
such period, except that an adjustment
may be made under section 479A that
results in a change in such expected
family contribution;
``(ii) for which the applicant submits a
certification form described in subparagraph
(D) that indicates a change in the dependency
status of the applicant, such applicant--
``(I) shall be required to submit a
FAFSA with respect to such award year
to receive financial assistance under
this title; and
``(II) shall have an expected
family contribution for such year that
is determined based on such FAFSA;
``(iii) for which the applicant submits a
FAFSA, such applicant--
``(I) shall have an expected family
contribution for such year that is
determined based on such FAFSA; and
``(II) shall be required to submit
a FAFSA for any other award year for
which the applicant seeks financial
assistance under this title; and
``(iv) for which the applicant does not
submit a certification form described in
subparagraph (D), such applicant shall submit a
FAFSA for such succeeding award year and any
other award year for which the applicant seeks
financial assistance under this title.
``(B) Adjustment of expected family contribution.--
With respect to an applicant described in subparagraph
(A)(i) who receives an adjustment under section 479A
that results in a change to the expected family
contribution of the applicant, for any succeeding award
year after the award year for which the adjustment was
made, subclause (II) of such subparagraph shall be
applied to such applicant by substituting `expected
family contribution of the applicant as most recently
changed as a result of an adjustment under section 479A
for such applicant' for the `expected family
contribution of the applicant determined for the award
year for which the applicant submitted a FAFSA for such
period'.
``(C) Rule for certain students.--With respect to
an applicant who submits a FAFSA for award year 2021-
2022 and enrolls in an institution of higher education
for such year, subparagraph (A) shall be applied--
``(i) in the matter preceding clause (i),
by substituting `award year 2021-2022' for `the
first time for an award year'; and
``(ii) in clause (i)(II), by substituting
`award year 2021-2022' for `the award year for
which the applicant submitted a FAFSA for such
period'.
``(D) Student certification form.--The Secretary,
in cooperation with representatives of agencies and
organizations involved in student financial assistance,
shall use behavioral science insights to produce,
distribute, and process free of charge a short and
simple consumer-tested certification form that uses
skip logic to bypass fields that are inapplicable to an
applicant. Such form shall not require an applicant to
provide data that the Secretary may otherwise obtain
with respect to the applicant (such as age or active
duty military status), and may only contain the data
elements required for purposes of subparagraph (A)(i)--
``(i) to confirm whether the applicant is--
``(I) a dependent student;
``(II) a single independent student
or a married independent student
without dependents (other than a
spouse); or
``(III) an independent student with
dependents other than a spouse;
``(ii) to allow the applicant to update the
contact information of such applicant or the
Federal School Code of the institution of
higher education in which the applicant is, or
will be enrolled, for the award year for which
the applicant submits such form; and
``(iii) to ask whether the applicant's need
and eligibility for financial assistance under
this title has not changed substantially since
the most recent of the following:
``(I) The applicant submitted a
FAFSA.
``(II) The applicant received an
adjustment under section 479A that
results in a change to the expected
family contribution of the applicant.
``(E) Definitions.--In this paragraph:
``(i) Dependency status.--The term
`dependency status' means the status of an
applicant as--
``(I) a dependent student;
``(II) a single independent student
or a married independent student
without dependents (other than a
spouse); or
``(III) an independent student with
dependents other than a spouse.
``(ii) Succeeding award year.--The term
`succeeding award year'--
``(I) when used with respect to an
applicant who submits a FAFSA for the
first time for an award year for the
period required for the completion of
the first undergraduate baccalaureate
course of study being pursued by such
applicant, means any award year for
such period that follows the award year
for which the applicant submits such
FAFSA; and
``(II) when used with respect to an
applicant described in subparagraph
(C), means any award year after award
year 2021-2022 for the period required
for the completion of the first
undergraduate baccalaureate course of
study being pursued by such applicant.
``(15) FAFSA in various languages.--The Secretary shall--
``(A) translate the form developed under this
subsection into not fewer than 11 foreign languages
based on the languages most often spoken by English
learner students and their parents, and make the
translated form available and accessible to applicants
in paper and electronic formats; and
``(B) ensure that the form developed under this
subsection is available in formats accessible to
individuals with disabilities.'';
(2) in subsection (c), by striking the last sentence;
(3) in subsection (d)(3)--
(A) in subparagraph (A), by striking ``and EZ
FAFSA''; and
(B) in subparagraph (B), by striking ``and EZ
FAFSA'';
(4) in subsection (e)--
(A) in paragraph (3) by striking ``or, as
appropriate, an EZ FAFSA,''; and
(B) in paragraph (5)(D), by striking ``or, as
appropriate, an EZ FAFSA,'';
(5) by amending subsection (f) to read as follows:
``(f) Use of Internal Revenue Service Data Retrieval Tool To
Populate FAFSA.--
``(1) Simplification efforts.--The Secretary shall--
``(A) make every effort to allow applicants to
utilize the data retrieval tool to transfer data
available from the Internal Revenue Service to reduce
the amount of original data entry by applicants and
strengthen the reliability of data used to calculate
expected family contributions, including through the
use of technology to--
``(i) allow an applicant to automatically
populate the electronic version of the forms
under this paragraph with data available from
the Internal Revenue Service; and
``(ii) direct an applicant to appropriate
questions on such forms based on the
applicant's answers to previous questions; and
``(B) allow taxpayers, regardless of filing status,
to utilize the data retrieval tool to its full
capacity.
``(2) Use of tax return in application process.--The
Secretary shall continue to examine whether data provided by
the Internal Revenue Service can be used to generate an
expected family contribution without additional action on the
part of the student and taxpayer.
``(3) Reports on fafsa simplification efforts.--Not less
than once every other year, the Secretary shall report to the
authorizing committees and the Committees on Appropriations of
the House of Representatives and the Senate on the progress of
the simplification efforts under this subsection.'';
(6) by repealing subsection (g);
(7) by redesignating subsection (h) as subsection (g); and
(8) by adding at the end the following:
``(h) Data Transparency on the Number of Applicants.--
``(1) In general.--The Secretary shall annually publish
data on the number of individuals who apply for Federal student
aid pursuant to this section who are homeless individuals
described in section 725 of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11434a), including unaccompanied
youth and foster care youth.
``(2) Contents.--The data described in paragraph (1) with
respect to homeless individuals shall include, at a minimum,
for each application cycle--
``(A) the total number of all applicants who were
determined to be (or to be at risk of becoming)
unaccompanied homeless youth under section
480(d)(1)(H);
``(B) the number of applicants described in
subparagraph (A), disaggregated--
``(i) by State; and
``(ii) by the sources of determination as
described in clauses (i) through (iv) of
section 480(d)(1)(H); and
``(C) the number of undetermined requests for
homelessness consideration, including statuses that
remain unknown because no determination had been made
in response to the applicant's request for the
institution to consider the applicant's special
circumstance of being homeless.
``(i) Prohibition on Questions Relating to Drug Offenses.--The
Secretary may not include on the forms developed under this subsection
any data items relating to whether an applicant has a conviction of any
offense under any Federal or State law involving the possession or sale
of a controlled substance (as defined in section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)).
``(j) FAFSA Verification.--
``(1) In general.--With respect to applicants who submit a
FAFSA for an award year and were determined using data provided
in such FAFSA to be eligible to receive a Federal Pell Grant
for such award year, the Secretary shall submit to the
authorizing committees, and make publicly available, a report
for such award year on--
``(A) the number and share of such applicants who
received a Federal Pell Grant for such award year;
``(B) the number and share of such applicants who
did not receive a Federal Pell Grant for such year;
``(C) the number and share of such applicants who
were selected by the Secretary for verification of the
data provided in the FAFSA;
``(D) to the extent practicable, the number and
share of applicants described in subparagraph (C) who
enrolled in an institution of higher education in a
year after such selection;
``(E) the number and share of applicants described
in subparagraph (C) who completed the verification
process;
``(F) of the applicants described in subparagraph
(E)--
``(i) the average of the expected family
contribution for all such applicants as
determined using data provided in the FAFSA;
``(ii) the average of the expected family
contribution difference for all such
applicants;
``(iii) the average of the expected family
contribution difference for all such applicants
whose expected family contribution as
determined using data provided in the
verification process was greater than the
expected family contribution as determined
using data provided in the FAFSA; and
``(iv) the average of the expected family
contribution difference for all such applicants
whose expected family contribution as
determined using data provided in the FAFSA was
greater than the expected family contribution
as determined using data provided in the
verification process;
``(G) of the applicants described in subparagraph
(E)--
``(i) the average Federal Pell Grant amount
for all such applicants as determined using
data provided in the FAFSA;
``(ii) the average of the Federal Pell
Grant difference for all such applicants;
``(iii) the average of the Federal Pell
Grant difference for all such applicants whose
Federal Pell Grant amount as determined using
data provided in the verification process was
greater than the Federal Pell Grant amount as
determined using data provided in the FAFSA;
``(iv) the average of the Federal Pell
Grant difference for all such applicants whose
Federal Pell Grant amount as determined using
data provided in the FAFSA was greater than the
Federal Pell Grant amount as determined using
data provided in the verification process; and
``(v) the number and share of such
applicants who were determined using the data
provided in the verification process to be
ineligible for a Federal Pell Grant;
``(H) the number and share of applicants described
in subparagraph (C) who received a Federal Pell Grant
for such award year; and
``(I) the number and share of applicants described
in subparagraph (C) who did not receive a Federal Pell
Grant for such award year.
``(2) Disaggregation.--The data provided in a report under
paragraph (1) shall be disaggregated--
``(A) by applicants who were pathway one applicants
for such year;
``(B) by applicants who were pathway two applicants
for such year;
``(C) by applicants who were pathway three
applicants for such year; and
``(D) with respect to applicants described in
subparagraphs (C) and (E), the verification tracking
groups of such applicants.
``(3) Definitions.--In this subsection:
``(A) Expected family contribution difference.--The
term `expected family contribution difference' means,
with respect to an applicant who completed a
verification process with respect to the FAFSA, the
difference between--
``(i) the expected family contribution of
such applicant as determined using data
provided in the FAFSA; and
``(ii) the expected family contribution of
such applicant as determined using data
provided in the verification process.
``(B) Federal pell grant difference.--The term
`Federal Pell Grant difference' means, with respect to
an applicant who completed a verification process with
respect to the FAFSA, the difference between--
``(i) the amount of the Federal Pell Grant
of such applicant as determined using data
provided in the FAFSA; and
``(ii) the amount of the Federal Pell Grant
of such applicant as determined using data
provided in the verification process.
``(k) Financial Aid Offers.--
``(1) Requirements for offers.--
``(A) Secretarial requirements.--Not later than 18
months after the date of enactment of the College
Affordability Act, the Secretary shall, based on the
consumer testing conducted under subparagraph (E),
publish requirements for financial aid offers that
shall--
``(i) include a requirement that financial
aid offers shall serve as the primary source
for Federal, State, and institutional financial
aid information provided by an institution of
higher education participating in any program
under this title to each prospective student
accepted for admission and each enrolled
student at such institution;
``(ii) include a requirement that such
offers include a standardized quick reference
box described in subparagraph (D);
``(iii) establish standardized terms and
definitions, including for the elements listed
in subparagraph (C), that shall be included in
each such offer;
``(iv) establish formatting requirements
with respect to the organization of the
elements listed in subparagraph (C)), which
shall include a requirement that prohibits such
offers from displaying loans in a manner that
indicates or implies that such loans reduce the
amount owed to the institution or reduce the
net price; and
``(v) specify the simple, plain-language,
and consumer-friendly information to be
included in each such offer with respect to the
financial aid being offered to a student, which
shall include--
``(I) an explanation of differences
among each such type of financial aid,
including clear explanations that--
``(aa) grants and
scholarships do not have to be
repaid;
``(bb) loans (including
loans made under part D and
private education loans (as
defined in section 140 of the
Truth in Lending Act)) must be
repaid with interest; and
``(cc) payments under
Federal-work study programs
under part C are contingent on
finding qualified employment
and are typically disbursed
incrementally in paychecks;
``(II) information encouraging
students to consider loans made under
part D before such private education
loans;
``(III) information clarifying that
students may--
``(aa) decline to accept a
loan made under part D; or
``(bb) accept an amount of
such loan that is less than the
amount of such loan included in
the financial aid offer; and
``(IV) in a case in which the
institution offers a student such a
loan in an amount that is less than the
maximum amount for which the student is
eligible, an explanation that the
student is eligible for additional
loans under part D.
``(B) Institutional requirements.--Beginning with
the award year that begins not less than 1 year after
the Secretary publishes requirements under subparagraph
(A), each institution of higher education described in
subparagraph (A)(i) shall provide a financial aid offer
to each student described in such subparagraph prior to
each academic year that--
``(i) shall comply with the requirements
published by the Secretary under subparagraph
(A); and
``(ii) may be supplemented by the
institution with additional, non-contradictory
information related to financial aid as long as
such supplementary information uses the
standardized terms and definitions described in
subparagraph (A)(iii).
``(C) Elements.--A financial aid offer provided by
an institution of higher education shall include the
following elements with respect to the academic year
for which the offer is being provided:
``(i) The cost of attendance, which shall
include separately calculated subtotals of--
``(I) an itemized list of estimated
direct costs owed to the institution;
and
``(II) an itemized list of
anticipated student expenses not
covered under subclause (I).
``(ii) Federal, State, and institutional
financial aid available to the student, which
shall include separately calculated subtotals
of--
``(I) grants and scholarships;
``(II) loans made under part D
(excluding Federal Direct Parent PLUS
Loans) and part E; and
``(III) Federal-work study programs
under part C and other on-campus
employment.
``(iii) Other options that may be available
to students to cover the cost of attendance
(including Federal Direct Parent PLUS Loans,
tuition payment plans, savings, and earnings
from other employment).
``(iv) The net price, which shall be
determined by calculating the difference
between--
``(I) the cost of attendance
described in clause (i); and
``(II) the grants and scholarships
described in clause (ii)(I).
``(v) Next step instructions, including--
``(I) the process and deadlines for
accepting the financial aid; and
``(II) information about where to
find additional information on the
financial aid offered.
``(vi) Any other information determined
necessary by the Secretary based on the
consumer testing conducted under subparagraph
(E), which may include the following:
``(I) An estimate of the net direct
cost, which shall be determined by
calculating the difference between--
``(aa) the direct costs
owed to the institution
described in clause (i)(I); and
``(bb) the grants and
scholarships described in
clause (ii)(I).
``(II) Information on average
student debt, loan repayment and
default rates, loan repayment options,
and graduation rates.
``(III) In the case of a
prospective student, the process and
deadlines for enrolling at the
institution.
``(IV) Information regarding the
enrollment period covered by the aid
offer, and whether the cost and aid
estimates are based on full-time or
part-time enrollment.
``(D) Standardized quick reference box.--A
financial aid offer provided by an institution of
higher education shall include a standardized quick
reference box to enable students to quickly and easily
compare key information on college costs and financial
aid--
``(i) that shall be included in an
identical fashion for each student receiving a
financial aid offer from the institution on the
first page of such offer;
``(ii) the contents and structure of which
shall be developed through consumer testing
conducted under paragraph (E); and
``(iii) that shall include not more than 8
elements, which, at a minimum, shall include--
``(I) the cost of attendance;
``(II) grants and scholarships; and
``(III) net price (as calculated
under subparagraph (C)(iv)).
``(E) Consumer testing.--The Secretary shall--
``(i) conduct consumer testing that shall
serve as the basis in determining the
requirements for financial aid offers published
under subparagraph (A), which shall include
students (including low-income students,
English learners, first generation college
students, veteran students, graduate students,
and undergraduate students (including
prospective students and returning students)),
students' families (including low-income
families, families of English learners, and
families with first generation college
students), institutions of higher education
(including representatives from two- and four-
year institutions, public and private
institutions, and minority-serving
institutions), secondary school and
postsecondary counselors, financial aid
administrators, nonprofit college access
organizations, and nonprofit consumer groups;
and
``(ii) not later than 60 days after the
publication of the requirements under
subparagraph (A)--
``(I) issue a report on the
findings of the consumer testing under
this subparagraph; and
``(II) specify ways in which the
findings are reflected in such
requirements.
``(2) Definitions.--In this subsection--
``(A) the term `English learner' has the meaning
given the term in section 8101(20) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801(20)), except that such term does not include
individuals described in subparagraph (B) of such
section;
``(B) the term `first generation college student'
has the meaning given the term in section 402A(h));
``(C) the term `low-income student' has the meaning
given the term in section 419N(b)(7); and
``(D) the term `minority-serving institution' means
an institution of higher education described in section
371(a).''.
SEC. 4604. STUDENT ELIGIBILITY.
(a) In General.--Section 484(a) of the Higher Education Act of 1965
(20 U.S.C. 1091(a)) is amended to read as follows:
``(a) In General.--
``(1) Grants; loans; work assistance.--In order to receive
any grant, loan, or work assistance under this title, a student
must--
``(A) be enrolled or accepted for enrollment in a
degree, certificate, or other program (including a
program of study abroad approved for credit by the
eligible institution at which such student is enrolled)
leading to a recognized educational credential at an
institution of higher education that is an eligible
institution in accordance with the provisions of
section 487, except as provided in subsections (b)(3)
and (b)(4), and not be enrolled in an elementary or
secondary school;
``(B) if the student is presently enrolled at an
institution, be maintaining satisfactory progress in
the course of study the student is pursuing in
accordance with the provisions of subsection (c);
``(C) not owe a refund on grants previously
received at any institution under this title, or be in
default on any loan from a student loan fund at any
institution provided for in part E, or a loan made,
insured, or guaranteed by the Secretary under this
title for attendance at any institution;
``(D) file with the Secretary, as part of the
original financial aid application process, a
certification, which need not be notarized, but which
shall include--
``(i) a statement of educational purpose
stating that the money attributable to such
grant, loan, or loan guarantee will be used
solely for expenses related to attendance or
continued attendance at such institution; and
``(ii) such student's social security
number; and
``(E) if the student has been convicted of, or has
pled nolo contendere or guilty to, a crime involving
fraud in obtaining funds under this title, have
completed the repayment of such funds to the Secretary,
or to the holder in the case of a loan under this title
obtained by fraud.
``(2) Grants; loans; work assistance; services.--
``(A) In general.--In order to receive any grant,
loan, or work assistance under this title, or any
service provided pursuant to a program or project
funded under this title, a student must--
``(i) be a citizen, national, or permanent
resident of the United States;
``(ii) be able to provide evidence from the
Department of Homeland Security that he or she
is in the United States for other than a
temporary purpose with the intention of
becoming a citizen or permanent resident;
``(iii) have temporary protected status
under section 244 of the Immigration and
Nationality Act (8 U.S.C. 1254a); or
``(iv) be a Dreamer student, as defined in
subsection (q).
``(B) Exceptions.--Subparagraph (A) shall not be
construed to affect eligibility for participation in
projects funded under chapter 2 of subpart 2 of part A
or section 418A(b).''.
(b) Ability to Benefit.--Section 484(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1091(d)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following:
``(B) The student--
``(i) is enrolled at an institution of
higher education (as defined in section 101) in
a program described in subsection (a)(3) of
such section that--
``(I) prepares an individual to be
successful in any of a full range of
secondary and postsecondary education
options;
``(II) includes counseling to
support an individual in achieving the
individual's education and career
goals;
``(III) enables an individual to
attain a secondary school diploma or
its recognized equivalent; and
``(IV) helps an individual enter or
advance within a specific occupation or
occupational cluster, or to enter and
succeed in a graduate program; and
``(ii) is determined by such institution as
having the ability to benefit from the
education or training offered by the
institution of higher education upon
satisfactory completion of 6 credit hours or
the equivalent coursework that are applicable
toward a degree offered by the institution of
higher education.''.
(c) Exception to Required Registration With Selective Service
System.--Section 484 of the Higher Education Act of 1965 (20 U.S.C.
1091) is further amended--
(1) by repealing subsection (n); and
(2) by redesignating subsections (o) through (q) as
subsections (n) through (p), respectively.
(d) Definition of Dreamer Student.--Section 484 of the Higher
Education Act of 1965 (20 U.S.C. 1091), as amended by this section, is
further amended by adding after subsection (p), as redesignated, the
following:
``(q) Dreamer Student.--
``(1) In general.--In this section, the term `Dreamer
student' means an alien (as defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who is
inadmissible to the United States or deportable from the United
States under the immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17))) and who--
``(A)(i) was younger than 16 years of age on the
date on which the alien initially entered the United
States; and
``(ii)(I) has earned a high school diploma, the
recognized equivalent of such diploma from a secondary
school, or a high school equivalency diploma in the
United States, or is scheduled to complete the
requirements for such a diploma or equivalent before
the next academic year begins;
``(II) is enrolled in an institution of higher
education pursuant to subsection (d); or
``(III) has served in the uniformed services, as
defined in section 101 of title 10, United States Code,
for not less than 4 years and, if discharged, received
an honorable discharge; or
``(B) would have been eligible, if the memorandum
were fully in effect since the date issued, for a grant
of deferred action pursuant to the directive in the
November 20, 2014, memorandum from the Secretary of
Homeland Security entitled `Exercising Prosecutorial
Discretion with Respect to Individuals Who Came to the
United States as Children and with Respect to Certain
Individuals Who Are the Parents of U.S. Citizens or
Permanent Residents' to establish a process for
exercising prosecutorial discretion through the use of
deferred action for individuals who, among other
qualifications, had a son or daughter who was a United
States citizen or lawful permanent resident on such
date.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when the Department shall waive the age
requirement of paragraph (1)(A)(i) for an individual to qualify
as a Dreamer student under paragraph (1), if the individual
demonstrates, through documentation presented to the Secretary
of substantial economic or personal hardship, that deprivation
of the requested benefit under this title would represent a
substantial hardship.''.
(e) Repeal of Suspension of Financial Aid Eligibility for Drug-
related Offenses.--Subsection (r) of section 484 of the Higher
Education Act of 1965 (20 U.S.C. 1091(r)) is repealed.
(f) Conforming Amendments.--The Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) is amended--
(1) in section 102(a)(2)(A)(i)(I)(aa), by striking
``484(a)(5)'' and inserting ``484(a)(2)'';
(2) in section 419N(b)(7)(B)(ii), by striking ``484(a)(5)''
and inserting ``484(a)(2)'';
(3) in section 484(c), by striking ``subsection (a)(2)''
each place it appears and inserting ``subsection (a)(1)(B)'';
(4) in section 484(g)--
(A) by striking ``subsection (a)(5)'' and inserting
``subsection (a)(2)''; and
(B) by striking ``Immigration and Naturalization
Service'' each place it appears in paragraph (4)(B)(i)
and inserting ``Department of Homeland Security'';
(5) in section 484(h), by striking ``Immigration and
Naturalization Service'' each place it appears and inserting
``Department of Homeland Security'';
(6) in section 484(o), as so redesignated, by striking
``subsection (a)(4)'' and inserting ``subsection (a)(1)(D)'';
and
(7) in section 485(a)(1)(K), by striking ``484(a)(2)'' and
inserting ``484(a)(1)(B)''.
SEC. 4605. REASONABLE COLLECTION COSTS ON DEFAULTED LOANS.
Section 484A(b)(1) of the Higher Education Act of 1965 (20 U.S.C.
1091a(b)(1)) is amended by striking ``collection costs;'' and inserting
``collection costs that--
``(A) for purposes of the first collection efforts,
do not exceed 5 percent of the outstanding principal
and interest on such loan;
``(B) for purposes of the second collection
efforts, do not exceed 10 percent of the outstanding
balance of principal and interest on such loan;
``(C) for purposes of the third collection efforts,
do not exceed 15 percent of the outstanding balance of
principal and interest on such loan; and
``(D) for purposes of the fourth collection efforts
and any succeeding collection efforts, do not exceed 20
percent of the outstanding balance of principal and
interest on such loan;''.
SEC. 4606. STUDENT ELIGIBILITY INFORMATION FOR NUTRITION ASSISTANCE
PROGRAMS.
(a) Information Dissemination Activities.--Section 485(a)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended--
(1) in subparagraph (U), by striking the ``and'' at the
end;
(2) in subparagraph (V), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(W) the most recent relevant student eligibility
guidance with respect to the nutrition assistance
programs established under--
``(i) the supplemental nutrition assistance
program under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.); and
``(ii) the special supplemental nutrition
program for women, infants, and children
established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786);
``(X) the contact information for the State
agencies responsible for administration of the programs
specified in clauses (i) and (ii) of subparagraph (W);
and
``(Y) the food pantries and other food assistance
facilities and services available to students enrolled
in such institution.''.
(b) College Navigator Website.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of Education shall
make available and annually update on the College Navigator Website the
most recent relevant student eligibility guidance with respect to the
nutrition assistance programs established under--
(1) the supplemental nutrition assistance program under the
Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and
(2) the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
SEC. 4607. EXIT COUNSELING.
(a) Amendments to Exit Counseling for Borrowers.--Section 485(b) of
the Higher Education Act of 1965 (20 U.S.C. 1092(b)) is amended--
(1) in paragraph (1)(A)--
(A) in the matter preceding clause (i), striking
``through financial aid offices or otherwise'' and
inserting ``through the use of an interactive program,
during an exit counseling session that is in-person or
online, or through the use of the online counseling
tool described in subsection (n)(1)(A)'';
(B) by redesignating clauses (i) through (ix) as
clauses (iv) through (xii), respectively;
(C) by inserting before clause (iv), as so
redesignated, the following:
``(i) a summary of the outstanding balance of principal and
interest due on the loans made to the borrower under part B, D,
or E;
``(ii) an explanation of the grace period preceding
repayment and the expected date that the borrower will enter
repayment;
``(iii) an explanation that the borrower has the option to
pay any interest that has accrued while the borrower was in
school or that may accrue during the grace period preceding
repayment or during an authorized period of deferment, prior to
the capitalization of the interest;'';
(D) in clause (iv), as so redesignated--
(i) by striking ``sample information
showing the average'' and inserting
``information, based on the borrower's
outstanding balance described in clause (i),
showing the borrower's''; and
(ii) by striking ``of each plan'' and
inserting ``of at least the fixed repayment
plan described in section 493E, the income-
based repayment plan under section 493C(f), and
any other repayment plan for which each loan
may be eligible'';
(E) in clause (ix), as so redesignated--
(i) by inserting ``decreased credit
score,'' after ``credit reports,''; and
(ii) by inserting ``reduced ability to rent
or purchase a home or car, potential difficulty
in securing employment,'' after ``Federal
law,'';
(F) in clause (x), as so redesignated, by striking
``consolidation loan under section 428C or a'';
(G) in clauses (xi) and (xii), as so redesignated,
by striking ``and'' at the end; and
(H) by adding at the end the following:
``(xiii) for each of the borrower's loans made under part
B, D, or E for which the borrower is receiving counseling under
this subsection, the contact information for the loan servicer
of the loan and a link to such servicer's website;
``(xiv) an explanation that an individual has a right to
annually request a disclosure of information collected by a
consumer reporting agency pursuant to section 612(a) of the
Fair Credit Reporting Act (15 U.S.C. 1681j(a)); and
``(xv) an explanation that--
``(I) the borrower may be contacted during the
repayment period by third-party student debt relief
companies;
``(II) the borrower should use caution when dealing
with those companies; and
``(III) the services that those companies typically
provide are already offered to borrowers free of charge
through the Department or the borrower's servicer.'';
(2) in paragraph (1)(B)--
(A) by inserting ``online or'' before ``in
writing''; and
(B) by adding before the period at the end the
following: ``, except that in the case of an
institution using the online counseling tool described
in subsection (n)(1)(A), the Secretary shall attempt to
provide such information to the student in the manner
described in subsection (n)(3)(C)''; and
(3) in paragraph (2)(C), by inserting ``, such as the
online counseling tool described in subsection (n)(1)(A),''
after ``electronic means''.
(b) Conforming Amendment.--Section 485(d)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1092(d)(1)) is amended by striking
``including income-sensitive'' and all that follows through ``part D''
and inserting ``including, beginning on July 1, 2021, the income-based
repayment plan under section 493C(f) and the fixed repayment plan
described in section 493E''.
SEC. 4608. CLERY ACT AMENDMENTS.
(a) Disclosure of Campus Security Policy and Campus Crime
Statistics.--Section 485(f) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``(including on a prominent location on the
institution's website)'' after ``publish'';
(B) in subparagraph (E), strike ``crimes.'' and
insert ``crimes, including a statement of current
campus policies regarding required background checks
for employees and volunteers working with student
athletes, children, or youth participating in
university-sponsored programs held in campus
facilities.''; and
(C) in subparagraph (F)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking ``and'' at
the end;
(iii) in clause (iii), by striking the
period at the end and inserting ``;''; and
(iv) by adding at the end the following:
``(iv) of harassment incidents that were
reported to campus security authorities or
local police agencies; and
``(v) of hazing incidents that were
reported to campus security authorities or
local police agencies.''; and
(D) by adding at the end the following:
``(K)(i) Each finding by the institution that, during the
most recent calendar year, and during the 2 preceding calendar
years for which data are available, a student organization
committed a violation of the institution's standards of conduct
relating to hazing, which--
``(I) shall include--
``(aa) the name of the student organization
that committed the violation;
``(bb) a general description of the
activities that led to the violation, the
charges, such findings by the institution, and
the sanctions placed on the organization; and
``(cc) the dates on which--
``(AA) the violation was alleged to
have occurred;
``(BB) the student organization was
charged with misconduct;
``(CC) the investigation was
initiated; and
``(DD) the investigation ended with
a finding that a violation occurred;
and
``(II) may not include--
``(aa) any information related to
allegations or investigations of hazing that do
not result in a formal finding of a violation
of the standards of conduct of the institution;
or
``(bb) any personally identifiable
information on any individual student or member
of a student organization.
``(ii) The anti-hazing policies (including the standards of
conduct with respect to hazing) of the institution, and the
changes, if any, that have been made in the preceding calendar
year with respect to such policies, and the justification for
such changes.
``(iii) In the case of an allegation that a multi-
institution student organization was involved in a hazing
incident, each institution at which the students involved in
such allegation are enrolled (or were formerly enrolled),
including any student who was a victim in the alleged incident,
shall comply with the requirements of this subparagraph.'';
(2) in paragraph (6)(A), by adding at the end the
following:
``(vi) For purposes of reporting under this section, the
term `harassment'--
``(I) means unwelcome conduct, of a hostile,
intimidating, or offensive nature, based on a student's
actual or perceived race, color, religion, sex
(including sexual orientation, gender identity,
pregnancy, childbirth, a medical condition related to
pregnancy or childbirth, and sex stereotype),
disability, or national origin, that unreasonably
interferes with a student's ability to participate in a
program or activity at an institution of higher
education, including by creating an intimidating,
hostile, or offensive environment;
``(II) is not limited to physical acts, and
includes conduct that is verbal or nonverbal, direct or
indirect, undertaken in whole or in part through the
use of electronic messaging services, commercial mobile
services, electronic communications, or other
technology, or the placement or display of hostile or
offensive images or objects based on a protected trait;
and
``(III) includes sexual harassment, which is
unwelcome conduct of a sexual nature, including--
``(aa) a sexual advance;
``(bb) a request for sexual favors;
``(cc) a sexual act, where such submission
is made either explicitly or implicitly a term
or condition of a program or activity at an
institution of higher education, regardless of
a student's submission to or rejection of such
sexual act;
``(dd) a sexual act, where such submission
or rejection is used as the basis for a
decision affecting a term or condition of a
program or activity at an institution of higher
education, regardless of a student's submission
to or rejection of such sexual act; or
``(ee) other conduct of a sexual nature.
``(vii) The term `hazing' means any intentional, knowing,
or reckless act committed by a student, or a former student, of
an institution of higher education, whether individually or in
concert with other persons, against another student, that--
``(I) was committed in connection with an
initiation into, an affiliation with, or the
maintenance of membership in, any student organization;
and
``(II) causes, or contributes to a substantial risk
of, physical injury, mental harm, or personal
degradation.
``(viii) The term `commercial mobile service' has the
meaning given the term in section 332(d) of the Communications
Act of 1934 (47 U.S.C. 332(d)).
``(ix) The term `electronic communication' means any
transfer of signs, signals, writing, images, sounds, or data of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photooptical system.
``(x) The term `electronic messaging services' has the
meaning given the term in section 102 of the Communications
Assistance for Law Enforcement Act (47 U.S.C. 1001).
``(xi) The term `multi-institution student organization'
means a student organization that includes students from more
than one institution of higher education, including city-wide,
regional, State, and national chapters of student
organizations.
``(xii) The term `student organization' means an
organization that is officially recognized by or otherwise
affiliated with an institution of higher education and that has
a membership that is made up primarily of students enrolled at
such institution.'';
(3) in paragraph (7), by inserting after the second
sentence the following: ``For harassment incidents, such
statistics shall be compiled in accordance with the definition
of that term in paragraph (6)(A)(vi). For hazing incidents,
such statistics shall be compiled in accordance with the
definition of that term in paragraph (6)(A)(vii).''; and
(4) in paragraph (8)--
(A) by adding ``sexual harassment,'' after ``sexual
assault,'' each place it appears;
(B) in subparagraph (B) in subclause (iv)(I)(bb) by
striking ``an investigation'' and inserting ``a trauma-
informed investigation''; and
(C) by adding at the end the following:
``(viii) Written notification of victims
about institutional policies regarding the
reimbursement of lost tuition and costs
associated with student loan interest accrual
related to domestic violence, dating violence,
sexual assault, sexual harassment, or stalking
incidents.''.
(b) Statement of Policy Regarding Harassment.--Section 485(f) of
the Higher Education Act of 1965 (20 U.S.C. 1092(f)) is further
amended--
(1) by redesignating paragraphs (9) through (18) as
paragraphs (10) through (19), respectively; and
(2) by inserting after paragraph (8) the following:
``(9)(A) Each institution of higher education participating in any
program under this title, other than a foreign institution of higher
education, shall, as part of the report described in paragraph (1)--
``(i) develop and distribute a statement of policy
regarding harassment, which shall include--
``(I) a prohibition of harassment, including
harassment of enrolled students by other students,
faculty, and staff--
``(aa) on campus;
``(bb) in or on a noncampus building or
property;
``(cc) on public property;
``(dd) in dormitories or other residential
facilities for students on campus;
``(ee) through the use of electronic mail
addresses issued by the institution of higher
education;
``(ff) through the use of computers and
communication networks, including any
telecommunications service, owned, operated, or
contracted for use by the institution of higher
education or its agents; and
``(gg) during an activity sponsored by the
institution of higher education or carried out
with the use of resources provided by the
institution of higher education;
``(II) a prohibition of such harassment that is
carried out in whole or in part through the use of
electronic messaging services, commercial mobile
services, electronic communications, or other
technology;
``(III) a description of the institution's programs
to combat harassment, which shall be aimed at the
prevention of harassment;
``(IV) a description of the procedures that a
student should follow if an incident of harassment
occurs; and
``(V) a description of the procedures that the
institution will follow once an incident of harassment
has been reported, including a statement of the
standard of evidence that will be used during any
institutional conduct proceeding arising from such a
report; and
``(ii) provide, on a prominent location on the
institution's website, a link to the webpage that contains the
information required under paragraph (1)(K), including
statement notifying the public--
``(I) of the availability of such information,
including findings, sanctions, and the implementation
of sanctions, except information protected under
section 444 of the General Education Provisions Act
(commonly known as the `Family Education Rights and
Privacy Act of 1974');
``(II) a description of how a member of the public
may obtain such information; and
``(III) a statement that the institution is
required to provide such information pursuant to
paragraph (1)(K).
``(B) The statement of policy described in subparagraph (A)(i)
shall address the following areas:
``(i) Procedures for timely institutional action in cases
of alleged harassment, which shall include a clear statement
that the accuser and the accused shall be informed of the
outcome of any disciplinary proceedings in response to an
allegation of harassment.
``(ii) Possible sanctions to be imposed following the final
determination of an institutional disciplinary procedure
regarding harassment.
``(iii) Notification of existing counseling, mental health,
or student services for victims or perpetrators of harassment,
both on campus and in the community.
``(iv) Identification of a designated employee or office at
the institution that will be responsible for receiving and
tracking each report of harassment.''.
(c) Civil Penalties.--Section 485(f) of the Higher Education Act of
1965 (20 U.S.C. 1092(f)) is further amended--
(1) in paragraph (14), as redesignated by subsection (b)--
(A) by striking ``in the same amount and''; and
(B) by inserting before the period at the end the
following: ``, expect that such section shall be
applied by substituting `$100,000' for `$60,000'''; and
(2) in paragraph (17), as redesignated by subsection (b),
by adding ``sexual harassment,'' after ``sexual assault,''.
SEC. 4609. ONLINE SURVEY TOOL FOR CAMPUS SAFETY.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092)
is further amended--
(1) by redesignating paragraphs (18) and (19) as so
redesignated as paragraphs (19) and (20), respectively; and
(2) by inserting after paragraph (17) the following:
``(18) Online survey tool for campus safety.--
``(A) In general.--The Secretary shall, in
consultation with the Attorney General, Director of the
Centers for Disease Control, and the Secretary of the
Department of Health and Human Services and experts in
domestic violence, dating violence, sexual assault,
sexual harassment, and stalking, develop, design, and
make available through a secure and accessible online
portal, a standardized online survey tool regarding
student experiences with domestic violence, dating
violence, sexual assault, sexual harassment, and
stalking.
``(B) Development of survey tool.--In developing
the survey tool required under subparagraph (A), the
Secretary shall--
``(i) use best practices from peer-reviewed
research measuring domestic violence, dating
violence, sexual assault, sexual harassment,
and stalking;
``(ii) consult with the higher education
community, experts in survey research related
to domestic violence, dating violence, sexual
assault, sexual harassment, and stalking, and
organizations engaged in the prevention of and
response to, and advocacy on behalf of victims
of, domestic violence, dating violence, sexual
assault, sexual harassment, and stalking
regarding the development and design of such
survey tool and the methodology for
administration of such survey tool; and
``(iii) ensure that the survey tool is
readily accessible to and usable by individuals
with disabilities.
``(C) Elements.--
``(i) In general.--The survey tool
developed pursuant to this paragraph shall be
fair and unbiased, scientifically valid and
reliable, and meet the highest standards of
survey research.
``(ii) Survey questions.--Survey questions
included in the survey tool developed pursuant
to this paragraph shall--
``(I) be designed to gather
information on student experiences with
domestic violence, dating violence,
sexual assault, sexual harassment, and
stalking, including the experiences of
victims of such incidents;
``(II) use trauma-informed language
to prevent retraumatization; and
``(III) include the following:
``(aa) Questions designed
to determine the incidence and
prevalence of domestic
violence, dating violence,
sexual assault, sexual
harassment, and stalking.
``(bb) Questions regarding
whether students know about
institutional policies and
procedures related to domestic
violence, dating violence,
sexual assault, sexual
harassment, and stalking.
``(cc) Questions designed
to determine, if victims
reported domestic violence,
dating violence, sexual
assault, sexual harassment, or
stalking--
``(AA) to whom the
incident was reported
and what response the
victim may have
received;
``(BB) whether the
victim was informed of,
or referred to,
national, State, local,
or on-campus resources;
and
``(CC) whether the
entity to whom the
victim reported the
incident conducted an
investigation and the
duration and final
resolution of such an
investigation.
``(dd) Questions regarding
contextual factors, such as
whether force, incapacitation,
or coercion was involved.
``(ee) Questions to
determine whether an accused
individual was a student at the
institution.
``(ff) Questions to
determine whether a victim
reported an incident to State,
local, or campus law
enforcement.
``(gg) Questions to
determine why the victim chose
to report or not report an
incident to the institution or
State, local, or campus law
enforcement.
``(hh) Questions to
determine the impact of
domestic violence, dating
violence, sexual assault,
sexual harassment, and stalking
on the victim's education,
including diminished grades,
dropped classes, leaves of
absence, and negative financial
consequences (such as costs
associated with loss in paid
tuition due to leaves of
absence, loss in scholarship
awards due to diminished
grades, and cost associated
with counseling, medical
services, or housing changes).
``(ii) Questions to
determine the impact and
effectiveness of prevention and
awareness programs and
complaints processes.
``(jj) Questions to
determine attitudes toward
sexual violence and harassment,
including the willingness of
individuals to intervene as a
bystander of sex-based
(including sexual orientation-
based and gender identity-
based), race-based, national
origin-based, and disability-
based discrimination,
harassment, assault, domestic
violence, dating violence,
sexual assault, sexual
harassment, and stalking.
``(kk) Other questions, as
determined by the Secretary.
``(iii) Additional elements.--In addition
to the standardized questions developed by the
Secretary under clause (ii), an institution may
request additional information from students
that would increase the understanding of the
institution of school climate factors unique to
their campuses.
``(iv) Responses.--The responses to the
survey questions described in clause (ii)
shall--
``(I) be submitted confidentially;
``(II) not be included in crime
statistics; and
``(III) in the case of such
responses being included in a report,
shall not include personally
identifiable information.
``(D) Administration of survey.--
``(i) Federal administration.--The
Secretary, in consultation with the Attorney
General, Director of the Centers for Disease
Control, and Secretary of the Department of
Health and Human Services, shall develop a
mechanism by which institutions of higher
education may, with respect to the survey tool
developed pursuant to this paragraph--
``(I) administer such survey tool;
and
``(II) modify such survey tool to
include additional elements or
requirements, as determined by the
institution.
``(ii) Costs.--The Secretary may not
require an institution of higher education to
pay to modify the survey tool in accordance
with clause (ii)(II).
``(iii) Accessibility.--The Secretary shall
ensure that the survey tool is administered in
such a way as to be readily accessible to and
usable by individuals with disabilities.
``(iv) Institutional administration.--
Beginning not later than one year after the
date on which the Secretary makes available to
institutions the mechanism described in clause
(i), and every 2 years thereafter, each
institution shall administer the survey tool
developed pursuant to this paragraph.
``(E) Completed surveys.--The Secretary shall
require each institution participating in any program
under this title to ensure, to the maximum extent
practicable, that an adequate, random, and
representative sample size of students (as determined
by the Secretary) enrolled at the institution complete
the survey tool developed pursuant to this paragraph.
``(F) Report.--Beginning not later than 2 years
after the date of enactment of the College
Affordability Act, the Secretary shall prepare a
biennial report on the information gained from the
standardized elements of the survey under this
paragraph and publish such report in an accessible
format on the website of the Department and submit such
report to Congress. The report shall include campus-
level data for each school and attributed by name of
each campus in a manner that permits comparisons across
schools and campuses.
``(G) Publication.--Each institution shall publish,
in a manner that is readily accessible and usable by
individuals, including individuals with disabilities--
``(i) the campus-level results of the
standardized elements of the survey under this
paragraph on the website of the institution and
in the annual security report required under
paragraph 1 for the campuses affiliated with
the institution; and
``(ii) the campus-level results of the
additional elements modifying the survey by the
institution, if any, on the website of the
institution.
``(H) Violation.--Upon a determination pursuant to
section 487(c)(3)(B) that an institution of higher
education has violated or failed to carry out any
provision under this subsection, the Secretary shall
impose a civil penalty upon the institution in the same
amount and pursuant to the same procedures as a civil
penalty is imposed under section 487(c)(3)(B).''.
SEC. 4610. TRANSFER OF CREDIT POLICIES.
Section 485(h)(1) of the Higher Education Act of 1965 (20 U.S.C.
1092(h)(1)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by inserting ``on the website of the
institution and in at least one other relevant
publication (such as a course catalogue)'' after
``publicly disclose''; and
(B) by inserting ``, easy to find,'' after
``readable''; and
(2) in subparagraph (B), by striking the period at the end
and inserting the following: ``, including a link to the
website of each institution of higher education on such list
and a link to or an explanation of the provisions of each such
articulation agreement; and''; and
(3) by adding at the end the following:
``(C) a list of transfer-related resources and
information not otherwise provided under subparagraphs
(A) and (B) that the institution provides (such as
deadlines, financial aid information, and relevant
staff contact information).''.
SEC. 4611. AMENDMENTS TO INSTITUTIONAL AND FINANCIAL ASSISTANCE.
(a) Notice to Students Concerning Drug Violations.--Subsection (k)
of section 485 (20 U.S.C. 1092) is repealed.
(b) Liaison for Homeless Individuals and Foster Care Youth.--
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended by inserting after subsection (j) the following:
``(k) Each institution of higher education participating in any
program under this title shall--
``(1) have designated an appropriate staff person as a
liaison to assist homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11434a) and foster care youth in accessing and completing
postsecondary education, including by ensuring that such
homeless individuals and foster care youth are connected to
applicable and available student support services, programs,
and community resources in areas such as financial aid,
academic advising, housing, food, public benefits, health care,
health insurance, mental health, child care, transportation
benefits, and mentoring;
``(2) post public notice about student financial assistance
and other assistance available to such homeless individuals and
foster care youth, including their eligibility as independent
students under subparagraphs (B) and (H) of sections 480(d)(1);
``(3) give priority for any institutionally owned or
operated housing facilities, including student housing
facilities that remain open for occupation during school breaks
or on a year-round basis, to--
``(A) homeless individuals described in section 725
of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a);
``(B) youth who are unaccompanied, at risk of
homelessness, and self-supporting; and
``(C) foster care youth;
``(4) have developed a plan for how such homeless
individuals, youth who are unaccompanied, at risk of
homelessness, and self-supporting, and foster care youth can
access housing resources during and between academic terms,
through means that may include access to institutionally owned
or operated housing during breaks and a list of housing
resources in the community that provide short-term housing; and
``(5) include, in its application for admission, questions
(to be answered voluntarily) regarding the applicant's status
as a homeless individual or foster care youth, that--
``(A) can be answered by the applicant voluntarily
for the limited purpose of being provided information
about financial aid or any other available assistance;
``(B) explain the key terms in the question in a
manner children and youth can understand in order to
self-identify and declare eligibility as a homeless
individual or foster care youth; and
``(C) with consent of the applicant, may be shared
with the liaison after admission but prior to the
beginning of the next academic term.''.
(c) Annual Financial Aid Counseling.--Section 485(l) of the Higher
Education Act of 1965 (20 U.S.C. 1092(l)) is amended to read as
follows:
``(l) Annual Financial Aid Counseling.--
``(1) Annual disclosure required.--
``(A) In general.--Each eligible institution shall
ensure that each individual who receives a loan made
under part D (other than a Federal Direct Consolidation
Loan or a loan made under section 460A and 460B)
receives comprehensive information on the terms and
conditions of such loan and the responsibilities the
individual has with respect to such loan. Such
information shall be provided, for each award year for
which the individual receives such loan, in a simple
and understandable manner--
``(i) during a counseling session conducted
in person;
``(ii) online, with the individual
acknowledging receipt of the information; or
``(iii) through the use of the online
counseling tool described in subsection
(n)(1)(B).
``(B) Use of interactive programs.--In the case of
institutions not using the online counseling tool
described in subsection (n)(1)(B), the Secretary shall
require such institutions to carry out the requirements
of subparagraph (A) through the use of interactive
programs, during an annual counseling session that is
in-person or online, that tests the individual's
understanding of the terms and conditions of the loan
awarded to the individual, using simple and
understandable language and clear formatting.
``(2) All individuals.--The information to be provided
under paragraph (1)(A) to each individual receiving counseling
under this subsection shall include the following:
``(A) An explanation of how the individual may
budget for typical educational expenses and a sample
budget based on the cost of attendance for the
institution.
``(B) An explanation that an individual has a right
to annually request a disclosure of information
collected by a consumer reporting agency pursuant to
section 612(a) of the Fair Credit Reporting Act (15
U.S.C. 1681j(a)).
``(C) An introduction to the financial management
resources provided by the Consumer Financial Protection
Bureau.
``(D) An explanation of how the student may seek
additional financial assistance from the institution's
financial aid office due to a change in the student's
financial circumstances, and the contact information
for such office.
``(3) Borrowers receiving loans made under part d (other
than parent plus loans).--The information to be provided under
paragraph (1)(A) to a borrower of a loan made under part D
(other than a Federal Direct PLUS Loan made on behalf of a
dependent student) shall include the following:
``(A) A notification that some students may qualify
for other financial aid and an explanation that the
borrower should consider accepting any grant,
scholarship, or State or Federal work-study jobs for
which the borrower is eligible prior to accepting
student loans.
``(B) To the extent practicable, the effect of
accepting the loan to be disbursed on the eligibility
of the borrower for other forms of student financial
assistance.
``(C) An explanation of the use of the student loan
contract referred to in section 432(m)(1)(D).
``(D) An explanation that the borrower is not
required to accept the full amount of the loan offered
to the borrower.
``(E) An explanation of the approved educational
expenses for which the borrower may use a loan made
under part D.
``(F) A recommendation to the borrower to exhaust
the borrower's Federal student loan options prior to
taking out private education loans, an explanation that
Federal student loans typically offer better terms and
conditions than private education loans, an explanation
that Federal student loans offer consumer protections
typically not available in the private education loan
market, an explanation of treatment of loans made under
part D and private education loans in bankruptcy, and
an explanation that if a borrower decides to take out a
private education loan--
``(i) the borrower has the ability to
select a private educational lender of the
borrower's choice;
``(ii) the proposed private education loan
may impact the borrower's potential eligibility
for other financial assistance, including
Federal financial assistance under this title;
and
``(iii) the borrower has a right--
``(I) to accept the terms of the
private education loan within 30
calendar days following the date on
which the application for such loan is
approved and the borrower receives the
required disclosure documents, pursuant
to section 128(e) of the Truth in
Lending Act (15 U.S.C. 1638(e)); and
``(II) to cancel such loan within 3
business days of the date on which the
loan is consummated, pursuant to
section 128(e)(7) of such Act (15
U.S.C. 1638(e)(7)).
``(G) The interest rate for the loan, as of the
date of the counseling.
``(H) Information on how interest accrues and is
capitalized during periods when the interest is not
paid by either the borrower or the Secretary.
``(I) In the case of a Federal Direct PLUS Loan or
a Federal Direct Unsubsidized Stafford Loan, the option
of the borrower to pay the interest while the borrower
is in school.
``(J) The definition of half-time enrollment at the
institution, during regular terms and summer school, if
applicable, and the consequences of not maintaining at
least half-time enrollment.
``(K) An explanation of the importance of
contacting the appropriate offices at the institution
of higher education if the borrower withdraws prior to
completing the borrower's program of study so that the
institution can provide exit counseling, including
information regarding the borrower's repayment options
and loan consolidation.
``(L) The obligation of the borrower to repay the
full amount of the loan, regardless of whether the
borrower completes or does not complete the program in
which the borrower is enrolled within the regular time
for program completion.
``(M) The likely consequences of default on the
loan, including adverse credit reports, delinquent debt
collection procedures under Federal law, and
litigation.
``(N) Notice of the institution's most recent
adjusted cohort default rate (calculated in accordance
with section 435(m)(1)(D)), an explanation of the
adjusted cohort default rate, the most recent national
average adjusted cohort default rate, and the most
recent national average adjusted cohort default rate
for the category of institution described in section
435(m)(4) to which the institution belongs.
``(O) Information on the National Student Loan Data
System and how the borrower can access the borrower's
records.
``(P) The contact information for the institution's
financial aid office or other appropriate office at the
institution the borrower may contact if the borrower
has any questions about the borrower's rights and
responsibilities or the terms and conditions of the
loan.
``(Q) For a first-time borrower, in addition to all
the information described in subparagraphs (A) through
(P)--
``(i) a statement of the anticipated
balance on the loan for which the borrower is
receiving counseling under this subsection;
``(ii) based on such anticipated balance,
the anticipated monthly payment amount under,
at minimum--
``(I) the fixed repayment plan
described in section 493E; and
``(II) the income-based repayment
plan under section 493C(f), as
determined using regionally available
data from the Bureau of Labor
Statistics of the average starting
salary for the occupation in which the
borrower has an interest in or intends
to be employed;
``(iii) an estimate of the projected
monthly payment amount under each repayment
plan described in clause (ii), based on the
average cumulative indebtedness at graduation
for borrowers of loans made under part D who
are in the same program of study as the
borrower and the expected increase in the cost
of attendance of such program; and
``(iv) information on the annual and
aggregate loan limits for Federal Direct
Stafford Loans and Federal Direct Unsubsidized
Stafford Loans as it pertains to the loan for
which the borrower is receiving counseling, and
a statement that such aggregate borrowing limit
may change based on the borrower's student
status (whether undergraduate or graduate) or
if there is a change in the borrower's
dependency status.
``(R) For a borrower with an outstanding balance of
principal or interest due on a loan made under this
title, in addition to all the information described in
subparagraphs (A) through (P)--
``(i) information on each student loan that
the institution is aware that the student has
borrowed, including Federal loans, private
loans, and loans from the institution;
``(ii) the total amount of the outstanding
balance and interest accrued from the Federal
student loans described in clause (i);
``(iii) for each Federal loan described in
clause (i), the interest rate for the loan, as
of the date of the counseling, and a statement
that the interest rate on student loans may
vary based on when the loan was borrowed and
other factors;
``(iv) based on such outstanding balance
for the Federal student loans, the anticipated
monthly payment amount under the fixed
repayment plan described in section 493E, the
income-based repayment plan under section
493C(f), and any other repayment plan for which
each loan may be eligible, calculated using
regionally available data from the Bureau of
Labor Statistics of the average starting salary
for the occupation the borrower intends to be
employed;
``(v) an estimate of the projected monthly
payment amount under each repayment plan
described in clause (iv), based on--
``(I) the outstanding balance
described in clause (ii);
``(II) the anticipated outstanding
balance on the loan for which the
student is receiving counseling under
this subsection; and
``(III) a projection for any other
loans made under part D that the
borrower is reasonably expected to
accept during the borrower's program of
study based on at least the average
cumulative indebtedness at graduation
for borrowers of loans made under part
D who are in the same program of study
as the borrower and the expected
increase in the cost of attendance of
such program;
``(vi) a statement that the outstanding
balance described in clause (ii), the interest
rate described in clause (iii), and the monthly
amount described in clause (iv) and clause (v)
does not include any amounts that the student
may be required to repay for private or
institutional loans; and
``(vii) the percentage of the total
aggregate borrowing limit that the student has
reached, as of the date of the counseling, for
Federal Direct Stafford Loans and Federal
Direct Unsubsidized Stafford Loans, and a
statement that such aggregate borrowing limit
may change based on the borrower's student
status (whether undergraduate or graduate) or
if there is a change in the borrower's
dependency status.
``(4) Borrowers receiving parent plus loans for dependent
students.--The information to be provided under paragraph
(1)(A) to a borrower of a Federal Direct PLUS Loan made on
behalf of a dependent student shall include the following:
``(A) A notification that some students may qualify
for other financial aid and an explanation that the
student for whom the borrower is taking out the loan
should consider accepting any grant, scholarship, or
State or Federal work-study jobs for which the borrower
is eligible prior to borrowing Parent PLUS Loans.
``(B) The information described in subparagraphs
(B) through (D) and (L) through (O) of paragraph (3).
``(C) The interest rate for the loan, as of the
date of the counseling.
``(D) The option of the borrower to pay the
interest on the loan while the loan is in deferment.
``(E) Debt management strategies that are designed
to facilitate the repayment of such indebtedness.
``(F) An explanation that the borrower has the
options to prepay each loan, pay each loan on a shorter
schedule, and change repayment plans.
``(G) For each Federal Direct PLUS Loan made on
behalf of a dependent student for which the borrower is
receiving counseling under this subsection, the contact
information for the loan servicer of the loan and a
link to such servicer's website.
``(H) For a first-time borrower of such loan--
``(i) a statement of the anticipated
balance on the loan for which the borrower is
receiving counseling under this subsection;
``(ii) based on such anticipated balance,
the anticipated monthly payment amount under
the fixed repayment plan described in section
493E, the income-based repayment plan under
section 493C(f), and any other repayment plan
for which each loan may be eligible; and
``(iii) an estimate of the projected
monthly payment amount under the fixed
repayment plan described in section 493E, the
income-based repayment plan under section
493C(f), and any other repayment plan for which
each loan may be eligible, based on the average
cumulative indebtedness of other borrowers of
Federal Direct PLUS Loans made on behalf of
dependent students who are in the same program
of study as the student on whose behalf the
borrower borrowed the loan and the expected
increase in the cost of attendance of such
program.
``(I) For a borrower with an outstanding balance of
principal or interest due on such loan--
``(i) a statement of the amount of such
outstanding balance;
``(ii) based on such outstanding balance,
the anticipated monthly payment amount under
the fixed repayment plan described in section
493E, the income-based repayment plan under
section 493C(f), and any other repayment plan
for which each loan may be eligible; and
``(iii) an estimate of the projected
monthly payment amount under the fixed and
income-based repayment plans, based on--
``(I) the anticipated outstanding
balance on the loan for which the
borrower is receiving counseling under
this subsection; and
``(II) a projection for any other
Federal Direct PLUS Loan made on behalf
of the dependent student that the
borrower is reasonably expected to
accept during the program of study of
such student based on at least the
average cumulative indebtedness of
other borrowers of Federal Direct PLUS
Loans made on behalf of dependent
students who are in the same program of
study as the student on whose behalf
the borrower borrowed the loan and the
expected increase in the cost of
attendance of such program.
``(5) Annual loan acceptance.--Prior to making the first
disbursement of a loan made under part D (other than a Federal
Direct Consolidation Loan or a loan made under section 460A and
460B) to a borrower for an award year, an eligible institution,
shall, as part of carrying out the counseling requirements of
this subsection for the loan, ensure that after receiving the
applicable counseling under paragraphs (2), (3), and (4) for
the loan the borrower accepts the loan for such award year by--
``(A) signing and returning to the institution the
student loan contract for the loan referred to in
section 432(m)(1)(D) that affirmatively states that the
borrower accepts the loan; or
``(B) electronically signing an electronic version
of the student loan contract described in subparagraph
(A).
``(6) Rule of construction.--Nothing in this section shall
be construed to prohibit an eligible institution from providing
additional information and counseling services to recipients of
Federal student aid under this title, provided that any
additional information and counseling services for recipients
of Federal student aid shall not preclude or be considered a
condition for disbursement of such aid.''.
(d) Online Counseling Tools.--Section 485 of the Higher Education
Act of 1965 (20 U.S.C. 1092), as amended by this section, is further
amended by adding at the end the following:
``(n) Online Counseling Tools.--
``(1) In general.--Beginning not later than 18 months after
the date of enactment of the College Affordability Act, the
Secretary shall maintain--
``(A) an online counseling tool that provides the
exit counseling required under subsection (b) and meets
the applicable requirements of this subsection; and
``(B) an online counseling tool that provides the
annual counseling required under subsection (l) and
meets the applicable requirements of this subsection.
``(2) Requirements of tools.--In developing and maintaining
the online counseling tools described in paragraph (1), the
Secretary shall ensure that each such tool is--
``(A) consumer tested, in consultation with other
relevant Federal agencies and including students (low-
income students and student veterans, and students'
families) and borrowers, institutions of higher
education, secondary school and postsecondary
counselors, and nonprofit consumer groups, to ensure
that the tool is effective in helping individuals
understand their options, rights, and obligations with
respect to borrowing a loan made under part D; and
``(B) freely available to all eligible
institutions.
``(3) Record of counseling completion.--The Secretary
shall--
``(A) use each online counseling tool described in
paragraph (1) to keep a record of which individuals
have received counseling using the tool, and notify the
applicable institutions of the individual's completion
of such counseling;
``(B) in the case of a borrower who receives annual
counseling for a loan made under part D using the tool
described in paragraph (1)(B), notify the borrower by
when the borrower should accept, in a manner described
in subsection (l)(5), the loan for which the borrower
has received such counseling; and
``(C) in the case of a borrower described in
subsection (b)(1)(B) at an institution that uses the
online counseling tool described in paragraph (1)(A) of
this subsection, the Secretary shall attempt to provide
the information described in subsection (b)(1)(A) to
the borrower through such tool.''.
(e) Disclosure of Religious Exemptions to Title IX of the Education
Amendments of 1972.--Section 485 of the Higher Education Act of 1965
(20 U.S.C. 1092), as amended by this section, is further amended by
adding at the end the following:
``(o) Disclosure of Religious Exemptions to Title IX of the
Education Amendments of 1972.--Each institution of higher education
participating in any program under this title that requests, receives,
or exercises or intends to exercise a religious exemption to the
requirements of title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.) shall submit in writing to the Assistant Secretary for
Civil Rights a statement by the highest ranking official of the
institution, identifying the provisions of part 106 of title 34 of the
Code of Federal Regulations that conflict with a specific tenet of the
religious organization and shall publish on its website, in a prominent
location, the following:
``(1) Request letter.--Each letter submitted by the
educational institution to the Department to request such an
exemption.
``(2) Exemption letter.--Each letter from the Department to
the educational institution that grants or denies such an
exemption.
``(3) Notice of request.--Notice that the educational
institution has requested an exemption under section 901(a)(3)
of the Education Amendments of 1972 (20 U.S.C. 1681(a)(3)).
``(4) Notice of exemption.--If applicable, notice that the
educational institution has received an exemption under section
901(a)(3) of the Education Amendments of 1972 (20 U.S.C.
1681(a)(3)).
``(5) Covered personal characteristics or behaviors.--A
list of the personal characteristics or behaviors to which each
requested or granted exemption applies.
``(6) Covered activities or programs.--A list of the
activities or programs to which each exemption applies.
``(7) Statement of rights.--The statement `Students
continue to have rights under title IX of the Education
Amendments of 1972. Any student who experiences discrimination
may contact the Office for Civil Rights at the United States
Department of Education at _____ or _____.', with the first
blank space being filled with a link to the website of the
Office for Civil Rights and the second blank space being filled
with the telephone number of the Office for Civil Rights.''.
(f) Expectant and Parenting Students Policies.--Section 485 of the
Higher Education Act of 1965 (20 18 U.S.C. 1092), as amended by this
section, is further amended by adding at the end the following:
``(p) Expectant and Parenting Students Policies.--Each institution
of higher education participating in any program under this title shall
develop and make available, including on the institution's website, a
statement of policy concerning expectant and parenting students, which
shall include, at a minimum--
``(1) the institution's policy regarding leaves of absence
related to pregnancy (and related medical conditions), and the
birth or adoption of a child, which shall include--
``(A) any policies related to the availability of
parental leave; and
``(B) options, including time requirements, for
making up missed work for students who take a leave of
absence;
``(2) information regarding lactation accommodations
available to students;
``(3) a description of the process for requesting
accommodations, and the type of accommodations available to
expectant and parenting students, including--
``(A) information on accommodations for pregnancy-
related medical conditions; and
``(B) information on accommodations for students
who have parental responsibilities;
``(4) information regarding financial aid eligibility for
expectant and parenting students, including--
``(A) the availability of dependent care allowances
for a parenting student for the purposes of determining
the student's cost of attendance;
``(B) the ability to change dependency status,
including during an award year, following the birth of
a child;
``(C) the availability of and eligibility
requirements for any emergency financial aid programs
provided by the institution; and
``(D) an explanation of the effect that a leave of
absence may have on a student's demonstration of
satisfactory academic progress, including for the
purposes of eligibility to participate in financial aid
programs under this title;
``(5) information on available student support services,
programs, and community resources, such as academic advising,
child care (including child care subsidy and assistance
programs), housing (including housing subsidies and utility
assistance programs), food (including food assistance
programs), public benefits, health care, health insurance,
mental health, transportation benefits, mentoring, and other
services available for expectant and parenting students, both
on-campus and in the community, and under local, State, and
Federal law;
``(6) information regarding the availability of on-campus
housing that permits students to live with dependents;
``(7) information on the rights and protections that are
guaranteed to expectant and parenting students under applicable
Federal and State laws;
``(8) the institution's procedures for addressing
complaints under title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.), including procedures for reporting
complaints under such title;
``(9) the institution's procedures for addressing
complaints alleging discrimination based on a pregnancy-related
disability under section 504 of the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.) or the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), including procedures for
reporting complaints under such laws; and
``(10) the contact information for the institution's Office
of Accessibility, the institution's Title IX coordinator, and
any other relevant staff members who serve as a point of
contact for, or offer services available to, expectant and
parenting students.''.
SEC. 4612. PREVENTION OF IMPROPER ACCESS.
Section 485B of the Higher Education Act of 1965 (20 U.S.C. 1092b)
is amended--
(1) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(2) in subsection (d)--
(A) in paragraph (5)(C), by striking ``and'' after
the semicolon;
(B) in paragraph (6)(C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) preventing access to the data system and any other
system used to administer a program under this title by any
person or entity for the purpose of assisting a student in
managing loan repayment or applying for any repayment plan,
consolidation loan, or other benefit authorized by this title,
unless such access meets the requirements described in
subsection (e).'';
(3) by inserting after subsection (d) the following:
``(e) Requirements for Third-Party Data System Access.--
``(1) In general.--As provided in paragraph (7) of
subsection (d), an authorized person or entity described in
paragraph (2) may access the data system and any other system
used to administer a program under this title if that access--
``(A) is in compliance with terms of service,
information security standards, and a code of conduct
which shall be established by the Secretary and
published in the Federal Register;
``(B) is obtained using an access device (as
defined in section 1029(e)(1) of title 18, United
States Code) issued by the Secretary to the authorized
person or entity; and
``(C) is obtained without using any access device
(as defined in section 1029(e)(1) of title 18, United
States Code) issued by the Secretary to a student,
borrower, or parent.
``(2) Authorized person or entity.--An authorized person or
entity described in this paragraph means--
``(A) a guaranty agency, eligible lender, or
eligible institution, or a third-party organization
acting on behalf of a guaranty agency, eligible lender,
or eligible institution, that is in compliance with
applicable Federal law (including regulations and
guidance); or
``(B) a licensed attorney representing a student,
borrower, or parent, or another individual who works
for a Federal, State, local, or Tribal government or
agency, or for a nonprofit organization, providing
financial or student loan repayment counseling to a
student, borrower, or parent, if--
``(i) that attorney or other individual has
never engaged in unfair, deceptive, or abusive
practices, as determined by the Secretary;
``(ii) that attorney or other individual
does not work for an entity that has engaged in
unfair, deceptive, or abusive practices
(including an entity that is owned or operated
by a person or entity that engaged in such
practices), as determined by the Secretary;
``(iii) system access is provided only
through a separate point of entry; and
``(iv) the attorney or other individual has
consent from the relevant student, borrower, or
parent to access the system.''; and
(4) in subsection (f)(1), as redesignated by paragraph
(1)--
(A) in subparagraph (A), by striking ``student and
parent'' and inserting ``student, borrower, and
parent'';
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(C) by inserting after subparagraph (B) the
following:
``(C) the reduction in improper data system access
as described in subsection (d)(7);''; and
(D) by striking subparagraph (E), as redesignated
by subparagraph (B), and inserting the following:
``(E) any protocols, codes of conduct, terms of
service, or information security standards developed
under paragraphs (6) or (7) of subsection (d) during
the preceding fiscal year.''.
SEC. 4613. INFORMATION WITH RESPECT TO CRIME STATISTICS FOR PROGRAMS OF
STUDY ABROAD.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.), as amended by the preceding sections, is further amended
by inserting after section 485E (20 U.S.C. 1092f) the following:
``SEC. 485F. INFORMATION WITH RESPECT TO CRIME STATISTICS FOR PROGRAMS
OF STUDY ABROAD.
``(a) In General.--Each institution participating in any program
under this title, other than a foreign institution of higher education,
shall develop and distribute a statement of policy with respect to
students participating in a program of study abroad approved for credit
by the institution concerning crime and harm that may occur while
participating in such program of study abroad that, at a minimum,
includes a biennial review by the institution of the programs of study
abroad approved for credit by the institution to determine--
``(1) the effectiveness of the programs at protecting
students from crime and harm, and whether changes to the
programs are needed (based on the most recent guidance or other
assistance from the Secretary) and will be implemented;
``(2) for the 5 years preceding the date of the report, the
number (in the aggregate for all programs of study abroad
approved for credit by the institution) of--
``(A) deaths of program participants occurring
during program participation or during any other
activities during the study abroad period;
``(B) sexual assaults against program participants
occurring during program participation and reported to
the institution;
``(C) accidents and illnesses occurring during
program participation that resulted in hospitalization
and were reported to the institution; and
``(D) incidents involving program participants
during the program participation that resulted in
police involvement or a police report and were reported
to the institution; and
``(3) with respect to the incidents described in
subparagraphs (A) and (B) of paragraph (2), whether the
incidents occurred--
``(A) on campus;
``(B) in or on noncampus buildings or property;
``(C) on public property;
``(D) in dormitories or other residential
facilities for students on campus; or
``(E) at a location not described in items (A)
through (D) of this clause, without regard to whether
the institution owns or controls a building or property
at the location.
``(b) Other Duties.--An institution of higher education described
in subsection (a) shall--
``(1) provide each student who is interested in
participating in a program of study abroad approved for credit
by the institution, with an orientation session and advising
that includes--
``(A) a list of countries in which such programs of
study abroad are located;
``(B) all current travel information, including all
travel warnings and travel alerts, issued by the Bureau
of Consular Affairs of the Department of State for such
countries; and
``(C) the information described in paragraph (a),
provided specifically for each program of study abroad
approved for credit by the institution in which the
student is considering participation; and
``(2) provide each student who returns from such a program
of study abroad with a post-trip debriefing session, including
an exit interview that assists the institution in carrying out
subsection (a).
``(c) Limitations.--An institution of higher education shall not
disaggregate or otherwise distinguish information for purposes of
subsection (a) or (b) in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(d) Review.--The Secretary shall periodically review a
representative sample of the policies described in subsection (a) that
have been adopted by institutions of higher education.
``(e) Definition.--For the purpose of this section, the definitions
for `campus', `noncampus building or property', and `public property'
shall have the same meaning as in section 485(f)(6).''.
SEC. 4614. REMEDIAL EDUCATION GRANTS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.), as amended by the preceding sections, is further amended
by inserting after section 486A (20 U.S.C. 1093a) the following:
``SEC. 486B. REMEDIAL EDUCATION GRANTS.
``(a) Grants Authorized.--
``(1) In general.--From the funds appropriated under
subsection (k) (and not reserved under subsection (c)(4)), the
Secretary, in consultation with the Director of the Institute
of Education Sciences, shall award grants, on a competitive
basis, to eligible entities to improve remedial education in
higher education.
``(2) Duration.--A grant under this section shall be
awarded for a period of 5 years.
``(3) Minimum awards.--The total amount of funds provided
under each grant awarded under this section shall not be less
than $500,000.
``(b) Application.--An eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such information as
the Secretary may require, which shall include the following:
``(1) A description of how the eligible entity will use the
grant funds to develop or improve a remedial education program
that includes evidence-based, effective strategies for
providing instruction to ensure that students are prepared for
courses at the postsecondary level.
``(2) An assurance that the eligible entity will use more
than two measures (such as a student's college entrance
examination score, grade point average, high school course
list, or a placement examination) to identify students in need
of remedial education who may be eligible to participate in the
remedial education program developed or improved under the
grant.
``(3) A description of how the eligible entity, in
developing or improving such a program, will consult with
stakeholders, including individuals with expertise in remedial
education, students enrolled in remedial education, and faculty
instructors for remedial education.
``(4) The eligible entity's plan for sustaining the program
after the grant period has ended.
``(5) The eligible entity's plan for monitoring and
evaluating the program, including how the eligible entity will
use the data collected under subsection (h) to continually
update and improve the program.
``(c) Consultation and Independent Evaluation.--
``(1) In general.--Before selecting eligible entities to
receive grants under this section for a fiscal year, the
Secretary shall--
``(A) ensure that the consultation required under
paragraph (3) is carried out; and
``(B) consider the results of the consultation in
selecting eligible entities to receive such grants.
``(2) Contract authority.--The Secretary, acting through
the Director, shall seek to enter into a contract with an
independent evaluator under which the evaluator will provide
the consultation and evaluation required under paragraph (3).
``(3) Consultation and independent evaluation required.--
The independent evaluator shall carry out the following
activities:
``(A) Consultation.--For each fiscal year of the
grant program under this section, the independent
evaluator shall consult with, and provide advice to,
the Secretary regarding which eligible entities should
receive grants under this section for such fiscal year.
``(B) Evaluation.--Throughout the duration of the
grant program under this section, the independent
evaluator shall independently evaluate the impact of
the remedial education programs funded with the grants,
which shall include evaluation of--
``(i) the effectiveness of the remedial
education programs in increasing course and
degree completion at the postsecondary level;
and
``(ii) the outcomes of the remedial
education programs within and among models of
remedial education described in subsection (d).
``(4) Reservation.--The Secretary may reserve not more than
15 percent of the funds appropriated under subsection (k) for a
fiscal year to carry out this subsection for such fiscal year.
``(d) Use of Funds.--An eligible entity that receives a grant under
this section shall use the grant to develop or improve a remedial
education program through one or more of the following models:
``(1) Aligning course work.--Working with a local
educational agency or State educational agency that is part of
the eligible entity to develop or improve programs that provide
alignment between high school coursework and postsecondary
education, and that may include--
``(A) assessments in high school to measure student
readiness for courses at the postsecondary level; or
``(B) interventions in high school that improve
student competencies for courses at the postsecondary
level.
``(2) Accelerated course work.--Redesigning or improving
remedial education that--
``(A) allows students to enroll in more than one
sequential remedial education course or training in a
semester, or the equivalent;
``(B) condenses the time of the remedial education;
or
``(C) provides shortened, intensive courses or
training to improve competencies of students for
courses at the postsecondary level.
``(3) Modular instructional methods.--Developing or
improving remedial education that--
``(A) specifically targets the skills that students
need to move forward in courses at the postsecondary
level; and
``(B) may be used to develop new assessments,
redesign courses to provide targeted skill instruction,
or provide faculty professional development.
``(4) Co-requisite model.--Developing or improving remedial
education programs that allow a student to enroll in remedial
education (which may be provided through a modular
instructional method) while also enrolled in a course at the
postsecondary level.
``(5) Systemic reform to implement comprehensive,
integrated support programs.--Implementing and improving
comprehensive, integrated, evidence-based support programs
that--
``(A) enable students enrolled in remedial
education to complete a course of study leading to a
recognized educational credential within 150 percent of
the normal time for completion; and
``(B) may include financial supports, academic
tutoring or support, and advising that enable students
to find success in remedial education and courses at
the postsecondary level.
``(e) Considerations.--In awarding grants under this section, the
Secretary, in consultation with the Director, shall--
``(1) ensure--
``(A) a minimum of 30 eligible entities are awarded
grants for each 5-year grant period;
``(B) an equitable geographic distribution of such
grants, including an equitable distribution between
urban and rural areas; and
``(C) that grants are used to develop or improve
remedial education programs--
``(i) under each model described in
subsection (d) to enable, to the extent
practicable, statistical comparisons of the
relative effectiveness of the models and the
programs within each model; and
``(ii) for a range of types and sizes of
institutions of higher education; and
``(2) give preference to eligible entities that primarily
serve low-income students.
``(f) Fiscal Requirements.--
``(1) Supplement not supplant.--A grant awarded under this
section shall be used to supplement, not supplant, funds that
would otherwise be used to carry out the activities described
in this section.
``(2) Matching funds.--
``(A) In general.--Subject to subparagraph (B), an
eligible entity that receives a grant under this
section shall provide, from non-Federal sources, an
amount equal to 10 percent of the amount of the grant
for the cost of activities assisted under the grant.
``(B) Exceptions.--The requirements of subparagraph
(A) shall not apply to--
``(i) Tribal Colleges or Universities; or
``(ii) institutions of higher education
located in the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin
Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, or
the Republic of Palau.
``(g) Experimental Authority.--Notwithstanding any other provision
of this title, a student may be eligible to receive loans or grants
under this title for up to 2 academic years for enrollment in a
remedial education program under this section.
``(h) Data Collection, Reports, Evaluations, and Dissemination.--
``(1) Information.--
``(A) Student-level data.--Each eligible entity
that receives a grant under this section shall provide
to the Director and the Secretary, on an annual basis
for each year of the grant period and for 5 years after
such grant period, the student-level data with respect
to the students who are or were enrolled in a remedial
education program funded with the grant. The Director
and the Secretary shall share such data with the
independent evaluator to enable the evaluator, for each
such year, to determine the information described in
subparagraph (B) with respect to each such remedial
education program.
``(B) Aggregate student data.--The independent
evaluator shall determine, with respect to each
remedial education program for which an eligible entity
provides student-level data under subparagraph (A), the
following information:
``(i) The number of students who are or
were enrolled in such remedial education
program.
``(ii) The cost of such remedial education
program.
``(iii) The amount of grant or loan funds
under this title awarded to students for
enrollment in such remedial education program.
``(iv) The type of remedial education
offered under the program.
``(v) The length of time students spend in
such remedial education program, as measured by
semester, trimester, or clock hours.
``(vi) The number of students who complete
such remedial education program.
``(vii) Of the students who complete such
remedial education program--
``(I) the number and percentage of
such students who later enroll in
postsecondary-level courses at an
institution of higher education;
``(II) the number and percentage of
such students who receive a recognized
educational credential from an
institution of higher education;
``(III) the average length of time
required for a student described in
subclause (II) to complete the course
of study leading to such credential;
and
``(IV) the number and percentage of
students described in subclause (II)
who complete the course of study
leading to such credential within 150
percent of the normal time for
completion.
``(C) Disaggregation.--The information determined
under subparagraph (B) shall be disaggregated by race,
gender, socioeconomic status, Federal Pell Grant
eligibility status, status as a first generation
college student, veteran or active duty status, and
disability status.
``(2) Evaluation results.--Not later than six years after
the first grant is awarded under this section, the Director, in
consultation with the Secretary and using the information
determined under paragraph (1), shall submit to the authorizing
committees and make available on a publicly accessible website,
a report on the results of the multiyear, rigorous, and
independent evaluation of the impact of the remedial education
programs carried out by the independent evaluator. The report
shall include the results of such evaluation with respect to--
``(A) the effectiveness of the remedial education
programs in increasing course and degree completion at
the postsecondary level; and
``(B) the outcomes of the remedial education
programs within and among models of remedial education
described in subsection (d).
``(3) Reports and dissemination.--
``(A) Initial report.--Not later than one year
after the first grant is awarded under this section,
the Secretary, in consultation with the independent
evaluator, shall prepare and submit to the authorizing
committees a report on each remedial education program
funded under this section.
``(B) Subsequent report.--Not later than five years
after the last grant is awarded under this section, the
Secretary, in consultation with the independent
evaluator, shall prepare and submit to the authorizing
committees a report that includes--
``(i) a review of the activities and
program performance of each remedial education
program funded under this section; and
``(ii) guidance and recommendations on how
successful remedial education programs (as
determined, at a minimum, by the number and
percentage of remedial education students who
later complete a course of study at an
institution of higher education within 150
percent of the normal time for completion) can
be replicated.
``(C) Public availability.--The reports submitted
under subparagraphs (A) and (B) shall be made available
on a publicly accessible website of the Department of
Education.
``(i) Data Privacy.--
``(1) In general.--It shall be unlawful for any person who
obtains or has access to personally identifiable information
pursuant to this section to knowingly disclose to any person
(except as authorized in this section or any Federal law) such
personally identifiable information.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code.
``(3) Officer or employee of the united states.--If any
officer or employee of the United States violates paragraph
(1), the officer or employee shall be dismissed from office or
discharged from employment upon conviction for the violation.
``(4) Law enforcement.--Personally identifiable information
collected under this section shall not be used for any law
enforcement activity or any other activity that would result in
adverse action against any student, including debt collection
activity or enforcement of the immigration laws.
``(j) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) an institution of higher education; or
``(B) a partnership between an institution of
higher education and at least 1 of the following:
``(i) A local educational agency.
``(ii) A State educational agency.
``(3) First generation college student.--The term `first
generation college student' has the meaning given that term in
section 402A(h).
``(4) Independent evaluator.--The term `independent
evaluator' means the independent evaluator with which the
Secretary enters into a contract under subsection (c)(2).
``(5) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101.
``(6) Remedial education.--The term `remedial education'--
``(A) means education (such as courses or training)
offered at an institution of higher education that--
``(i) is below the postsecondary level; and
``(ii) is determined by the institution to
be necessary to help students be prepared for
the pursuit of a first undergraduate
baccalaureate degree, associate's degree, or
certificate or, in the case of courses in
English language instruction, to be necessary
to enable the student to utilize already
existing knowledge, training, or skills; and
``(B) includes developmental education that meets
the requirements of subparagraph (A).
``(7) Tribal college or university.--The term `Tribal
College or University' has the meaning given that term in
section 316(b).
``(k) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $162,500,000 for fiscal year
2021 and each of the 5 succeeding fiscal years.''.
SEC. 4615. COMPETENCY-BASED EDUCATION.
(a) In General.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.), as amended by the preceding sections, is
further amended by inserting after section 486B (as added by section
4614 of this Act) the following:
``SEC. 486C. COMPETENCY-BASED EDUCATION DEMONSTRATION PROJECTS.
``(a) Demonstration Projects Authorized.--The Secretary shall
select, in accordance with subsection (d), eligible entities to
voluntarily carry out competency-based education demonstration projects
for a duration of 5 years and receive waivers or other flexibility
described in subsection (e) to carry out such projects.
``(b) Application.--
``(1) In general.--Each eligible entity desiring to carry
out a demonstration project under this section shall submit an
application to the Secretary, at such time and in such manner
as the Secretary may require.
``(2) Outreach.--
``(A) In general.--The Secretary shall, prior to
any deadline to submit applications under paragraph
(1), conduct outreach to institutions, including those
described in subparagraph (B), to provide those
institutions with information on the opportunity to
apply to carry out a demonstration project under this
section.
``(B) Institutions.--The institutions described in
this subparagraph are the following:
``(i) Part B institutions (as defined in
section 322).
``(ii) Hispanic-serving institutions (as
defined in section 502).
``(iii) Tribal Colleges or Universities (as
defined in section 316).
``(iv) Alaska Native-serving institutions
(as defined in section 317(b)).
``(v) Native Hawaiian-serving institutions
(as defined in section 317(b)).
``(vi) Predominantly Black Institutions (as
defined in section 318).
``(vii) Asian American and Native American
Pacific Islander-serving institutions (as
defined in section 320(b)).
``(viii) Native American-serving, nontribal
institutions (as defined in section 319).
``(ix) Institutions predominately serving
adult learners.
``(x) Institutions serving students with
disabilities.
``(xi) Institutions located in rural areas.
``(3) Amendments.--
``(A) In general.--An eligible entity that has been
selected to carry out a demonstration project under
this section may submit to the Secretary amendments to
the eligible entity's approved application under
paragraph (1), at such time and in such manner as the
Secretary may require, which the Secretary shall
approve or deny within 30 days of receipt.
``(B) Expanding enrollment.--Notwithstanding the
assurance required with respect to maximum enrollment
under paragraph (4)(N)--
``(i) an eligible entity whose
demonstration project has been evaluated under
subsection (g)(2) not less than twice, may
submit to the Secretary an amendment to the
eligible entity's application under paragraph
(1) to increase enrollment in the project to
more than 3,000 students, but not more than
5,000 students, and which shall specify--
``(I) the proposed maximum
enrollment and annual enrollment growth
for the project;
``(II) how the eligible entity will
successfully carry out the project with
such maximum enrollment and enrollment
growth; and
``(III) any other amendments to the
eligible entity's application under
paragraph (1) that are related to such
maximum enrollment or enrollment
growth; and
``(ii) the Secretary shall determine
whether to approve or deny an amendment
submitted under clause (i) for a demonstration
project based on the project's evaluations
under subsection (g)(2).
``(4) Contents.--Each application under paragraph (1) shall
include--
``(A) a description of each competency-based
education program to be offered by the eligible entity
under the demonstration project;
``(B) a description of the alignment of the
proposed competency-based education program to the
institution's mission, and evidence of institutional
commitment to such program;
``(C) a description of how each program will work
with employers and local industry to assess and
incorporate competencies that are relevant in the labor
market and how the program aligns with employer needs;
``(D) a description of the proposed academic
design, academic and support services, delivery,
business, and financial models for the demonstration
project, including explanations and supporting
documents, including financial statements, and, any
revenue-sharing agreements with third-party servicers
or online program managers, of how each competency-
based education program offered under the demonstration
project will--
``(i) result in the achievement of
competencies;
``(ii) differ from standard credit hour
approaches, in whole or in part;
``(iii) result in lower costs of a
certificate or degree; and
``(iv) result in shortened time to
completion of a certificate or degree;
``(E) a description of how each competency-based
education program offered under the demonstration
project will award academic credit to advance the
progress of a student toward completion of a
certificate or degree that is portable and used by in-
demand employers for making employment decisions;
``(F) a description of how each credit-bearing
competency-based education program offered under the
demonstration project is aligned with a career pathway;
``(G) a description of the meaningful role of the
appropriate instructors of the eligible entity in the
development, design, implementation, delivery, and
evaluation of each such competency-based education
program;
``(H) a description of how each such competency-
based education program will provide strong post-
enrollment job placement, earnings, and loan repayment
outcomes;
``(I) a description of how the eligible entity will
facilitate transfer, postsecondary study, and employer
understanding by articulating a competency-based
transcript from a competency-based education program
offered under the demonstration project to a credit
hour transcript at another program at the eligible
entity and to other institutions of higher education;
``(J) a description of the statutory and regulatory
requirements described in subsection (e) for which the
eligible entity is seeking a waiver or other
flexibility, and why such waiver or flexibility is
necessary to carry out the demonstration project;
``(K) a description of indicators of a program's
effectiveness to inform how a third party will reliably
assess student learning for each competency-based
education program offered under the demonstration
project;
``(L) a description of how the eligible entity will
develop and evaluate the competencies and assessments
of student knowledge administered as part of the
demonstration project, including whether there is a
relationship between the competency unit and a
traditional credit or clock hour, the average time it
takes to earn a competency, how such competencies and
assessments are aligned with workforce needs and any
other considerations the institution made when it
developed its unit of competency;
``(M) a description of the proposal for determining
a student's Federal student aid eligibility under this
title for participating in the demonstration project,
the award and distribution of such aid, and the
safeguards to ensure that students are making
satisfactory progress that warrants the disbursement of
such aid;
``(N) an assurance that the demonstration project
at each eligible entity--
``(i) will enroll a minimum of 25 students
and a maximum of 3,000 students or, in the case
of an eligible entity with an application
amendment approved under paragraph (3)(B), the
maximum enrollment approved under such
paragraph;
``(ii) will identify and disseminate best
practices with respect to the demonstration
project to the Secretary and to other eligible
entities carrying out a demonstration project
under this section;
``(iii) operates under an agreement with
the accrediting agency or association of the
eligible entity to establish the standards
described in subsection (c); and
``(iv) uses available funds solely for
purposes of awarding academic credit to
eligible students based on the achievement of
competencies and for the related costs or fees
of demonstrating the achievement of
competencies;
``(O) a description of the population of students
to whom competency-based education under the
demonstration project will be offered, including
demographic information and prior educational
experience, disaggregated (as practicable) by students
who are Federal Pell Grant recipients, students of
color, Native students, students with disabilities,
students who are veterans or members of the Armed
Forces, adult learners, and first generation college
students, and how such eligible entity will, when
appropriate, address the specific needs of each such
population of students when carrying out the
demonstration project;
``(P) a description of outreach and communication
activities to students who may benefit under the
demonstration project, including those described in
subparagraph (O);
``(Q) a description of how the institution is
ensuring that students participating in the
demonstration project will not, on average, be eligible
for more or less Federal assistance under this title
than such students would have been eligible for under a
program measured in credit or clock hours;
``(R) the cost of attendance for each competency-
based education program offered under the demonstration
project, disaggregated by each of the applicable costs
or allowances described in paragraphs (1) through (13)
of section 472, and the estimated amount of the cost of
attendance of each such program to be covered by need-
based grant aid and merit-based grant aid from Federal,
State, institutional, and private sources;
``(S) a description of other competency-based
education programs the eligible entity offers or plans
to offer outside of the demonstration project;
``(T) a description of how the eligible entity will
use data to--
``(i) ensure that each competency-based
education program under the demonstration
project meets the benchmarks established in
accordance with subsection (c)(2)(E);
``(ii) confirm relevancy of competencies in
the labor market; and
``(iii) improve each such program; and
``(U) other such elements as the Secretary may
require.
``(c) Recognition by Accrediting Agency or Association.--Unless a
program has already been recognized as a direct assessment program by
the accrediting agency or association of the eligible entity, in order
to carry out a competency-based education program under a demonstration
project under this section, an eligible entity shall include in its
application under subsection (b), a letter from the accrediting agency
or association of the eligible entity that describes how it will
establish and enforce the following standards with respect to such
competency-based education program:
``(1) Standards for determining whether the eligible entity
or the program requires students to demonstrate competencies
that are--
``(A) capable of being validly and reliably
assessed; and
``(B) appropriate in scope and rigor for the award
of the relevant certificate or degree.
``(2) Standards for determining whether the eligible entity
or the program demonstrate--
``(A) the administrative capacity and expertise
that will ensure--
``(i) the validity and reliability of
assessments of competencies; and
``(ii) good practices in assessment and
measurement;
``(B) sufficient educational content, activities,
and resources (including faculty support)--
``(i) to enable students to learn or
develop what is required to demonstrate or
attain mastery of competencies; and
``(ii) that are consistent with the
qualifications of graduates of traditional
programs;
``(C) that the quality of demonstration of
competence is judged at mastery for each competency
that is assessed for the award of a certificate or
degree;
``(D) a standard for the amount of learning that is
included in a unit of competency;
``(E) reasonable, clear, and actionable benchmarks
for graduation rates and the employment and earnings of
graduates, including job placements in a field for
which the program prepares students, debt-to-earnings
ratios, loan repayment rates, and student satisfaction;
``(F) regular evaluation of whether the program
meets the benchmarks under subparagraph (E), and
address what may be the cause with identified
interventions; and
``(G) that students may not receive a subsequent
disbursement until they have completed the anticipated
number of credits for the payment period.
``(3) Standards for determining when to deny, withdraw,
suspend, or terminate the accreditation of the program if the
benchmarks under paragraph (2)(E) are not achieved after 4
consecutive title IV payment periods, including standards for
providing sufficient opportunity--
``(A) for the eligible entity or program to provide
a written response regarding the failure to achieve
such benchmarks be considered by the agency or
association in the manner described in section
496(a)(6)(B); and
``(B) for the eligible entity or program to appeal
any adverse action under this subparagraph before an
appeals panel that meets the requirements of section
496(a)(6)(C).
``(d) Selection.--
``(1) In general.--Not later than 12 months after the date
of enactment of the College Affordability Act, the Secretary
shall select not more than 100 eligible entities to carry out a
demonstration project under this section under which at least 1
competency-based education program is offered at each eligible
entity.
``(2) Considerations.--In selecting eligible entities under
paragraph (1), the Secretary shall--
``(A) consider the number and quality of
applications received;
``(B) consider an eligible entity's--
``(i) ability to successfully execute the
demonstration project as described in the
eligible entity's application under subsection
(b);
``(ii) commitment and ability to
effectively finance the demonstration project;
``(iii) ability to provide administrative
capability and the expertise to evaluate
student progress based on measures other than
credit hours or clock hours;
``(iv) history of compliance with the
requirements of this Act;
``(v) commitment to work with the Director
and the Secretary to evaluate the demonstration
project and the impact of the demonstration
project under subsection (g)(2);
``(vi) commitment and ability to assess
student learning through a third party;
``(vii) commitment of the accrediting
agency or association of the eligible entity to
establish and enforce the standards described
in subsection (c); and
``(viii) commitment to collaboration with
an employer advisory group or specific
employers to determine how the demonstration
project will meet employer needs;
``(C) ensure the selection of a diverse group of
eligible entities with respect to size, mission,
student population, and geographic distribution;
``(D) not limit the types of programs of study or
courses of study approved for participation in a
demonstration project; and
``(E) not select an eligible entity--
``(i) that, for 1 of the preceding 2 fiscal
years--
``(I) had an adjusted cohort
default rate (defined in section
435(m)) that is 20 percent or greater;
``(II) failed to meet the
requirement under section 487(a)(24);
or
``(III) was--
``(aa) under probation or
an equivalent status from the
accrediting agency or
association of the eligible
entity;
``(bb) under sanction from
the authorization agency of the
State in which the eligible
entity is located; or
``(cc) under public
investigation or facing a
pending lawsuit from a State or
Federal agency;
``(ii) if the Department has concerns with
the entity's compliance based on program
reviews or audits; or
``(iii) if the eligible entity fails to
meet the financial responsibility standards
prescribed by the Secretary in accordance with
section 498(c) or is placed on a reimbursement
payment method by the Secretary.
``(e) Waivers and Other Flexibility.--
``(1) In general.--With respect to any eligible entity
selected to carry out a demonstration project under this
section, the Secretary may--
``(A) waive any requirements of the provisions of
law (including any regulations promulgated under such
provisions) listed in paragraph (2) for which the
eligible entity has provided a reason for waiving under
subsection (b)(4)(J); or
``(B) provide other flexibility, but not waive, any
requirements of the provisions of law (including any
regulations promulgated under such provisions) listed
in paragraph (3) for which the eligible entity has
provided a reason with which the Secretary agrees for
such flexibility under subsection (b)(4)(J).
``(2) Provisions eligible for waivers.--The Secretary may
waive the following under paragraph (1)(A):
``(A) Subparagraphs (A) and (B) of section
102(a)(3).
``(B) Section 484(l)(1).
``(3) Provisions eligible for flexibility.--The Secretary
may provide the flexibility described in paragraph (1)(B) with
respect to the requirements under provisions in title I, part F
of this title, or this part, that inhibit the operation of a
competency-based education program, relating to the following:
``(A) Documenting attendance.
``(B) Weekly academic activity.
``(C) Minimum weeks of instructional time.
``(D) Requirements for credit hour or clock hour
equivalencies if an institution proposes a measure
clearly defined in its application that accounts for
the academic intensity of study.
``(E) Requirements for regular and substantive
interaction with the instructor.
``(F) Definitions of the terms `academic year',
`full-time student', `part-time student', `term'
(including `standard term', `non-term', and `non-
standard term'), `satisfactory academic progress',
`educational activity', `program of study', and
`payment period'.
``(G) Methods of disbursing student financial aid
by institutions of higher education selected, as of the
date of enactment of the College Affordability Act, as
experimental sites under section 487A to carry out
competency-based education programs.
``(H) Restrictions regarding concurrent student
enrollment in Direct Assessment and non-Direct
Assessment programs.
``(4) Measurement of activity or academic work.--An
institution granted flexibility under paragraph (3) related to
requirements for credit hour or clock hour equivalencies shall
include a measurement of activity or academic `work' by
students as considered comparable to the standard practice for
measuring credit or clock hours for these areas.
``(f) Notification.--Not later than 9 months after the date of
enactment of the College Affordability Act, the Secretary shall make
available to the authorizing committees and the public a list of
eligible entities selected to carry out a demonstration project under
this section, which shall include for each such eligible entity--
``(1) the specific waiver or other flexibility from
statutory or regulatory requirements offered under subsection
(e); and
``(2) a description of the competency-based education
programs, and its associated accreditation standards, to be
offered under the project.
``(g) Information and Evaluation.--
``(1) Information.--
``(A) Student-level data.--Each eligible entity
that carries out a demonstration project under this
section shall provide to the Director the student-level
data for the students enrolled in a program described
in subparagraph (C)(i)(I), the student-level data for
the students enrolled in a program described in
subparagraph (C)(i)(II), and the student-level data for
students enrolled in a program described in
subparagraph (C)(i)(III) to enable the Director--
``(i) to determine the aggregate
information described in subparagraph (B) with
respect to each such program; and
``(ii) to the extent practicable, to
compare the programs using a rigorous
evaluation, such as propensity score matching.
``(B) Aggregate information.--For purposes of the
evaluation under paragraph (2), the Director shall use
the student-level data provided under subparagraph (A)
by an eligible entity to determine the following
information with respect to each program described in
subparagraph (C)(i) offered at such eligible entity:
``(i) The average number of credit hours
students earned prior to enrollment in the
program, if applicable.
``(ii) The number and percentage of
students enrolled in a competency-based
education program that are also enrolled in
programs of study or courses of study offered
in credit hours or clock hours, disaggregated
by student status as a first-year, second-year,
third-year, fourth-year, or other student.
``(iii) The average period of time between
the enrollment of a student in the program and
the first assessment of student knowledge of
such student.
``(iv) The average time to 25 percent, 50
percent, 75 percent, 100 percent, 150 percent,
and 200 percent completion of a certificate or
degree.
``(v) The number and percentage of students
who begin in a certain cohort and complete a
certificate or degree.
``(vi) The number and percentage of
students who begin in a certain cohort and
withdraw without completing a certificate or
degree.
``(vii) The number and percentage of
students who begin in a certain cohort who
reach 25 percent, 50 percent, 75 percent, and
100 percent completion of a certificate or
degree.
``(viii) The number and percentage of
students who begin in a certain cohort who re-
enroll in a second period.
``(ix) The median number of competencies
completed per period.
``(x) The average number of attempts it
takes students to pass all assessments of
student knowledge during the period of
enrollment in the program.
``(xi) The percentage of summative
assessments of student competence that students
passed on the first attempt during the period
of enrollment in the program.
``(xii) The percentage of summative
assessments of student competence that students
passed on the second attempt and the average
period of time between the first and second
attempts during the period of enrollment in the
program.
``(xiii) The average number of competencies
a student acquired and demonstrated while
enrolled in a program and the period of time
during which the student acquired such
competencies.
``(xiv) The number and percentage of
students completing the program who find
employment that lasts not less than 6 months
within 6 months of graduation, disaggregated by
number and percentage of such students finding
employment in a field related to the program.
``(xv) Student job placement rates 1, 2,
and 3 years after graduating from the program,
if available.
``(xvi) The median student earnings 1, 2,
and 3 years after graduating from the program,
if available.
``(xvii) The number and percentage of
students completing the program who continue
their education.
``(xviii) Such other information as the
Director may reasonably require.
``(C) Disaggregation.--The information determined
under subparagraph (B) shall be disaggregated as
follows, provided that the disaggregation of the
information does not identify any individual student:
``(i) For each eligible entity that carries
out a demonstration project under this section,
disaggregation by--
``(I) the students enrolled in each
competency-based education program
under the project;
``(II) the students enrolled in
each competency-based education program
not being carried out under the
project, if the eligible entity has a
competency-based education program not
being carried out under the project;
and
``(III) the students enrolled in a
program not described in subclause (I)
or (II).
``(ii) For each group of students described
in clause (i), disaggregation by prior
postsecondary experience, age group, race,
gender, disability status, students who are
Veterans or servicemembers, first generation
college students, full-time and part-time
enrollment, and status as a recipient of a
Federal Pell Grant.
``(D) Council.--The Director shall provide to the
Competency-Based Education Council any information
described in subparagraph (A) or (B) (other than
personally identifiable information) that may be
necessary for the Council to carry out its duties under
section 4616(e) of the College Affordability Act.
``(2) Evaluation.--
``(A) In general.--The Director, in consultation
with the Secretary and using the information determined
under paragraph (1), shall annually evaluate each
eligible entity carrying out a demonstration project
under this section. Each evaluation shall be
disaggregated in accordance with subparagraph (B) and
include--
``(i) the extent to which the eligible
entity has met the elements of its application
under subsection (b)(4);
``(ii) whether the demonstration project
led to reduced cost, including as reflected by
median debt levels, or time to completion of a
certificate or degree, and the amount of cost
or time reduced for such completion;
``(iii) obstacles related to student
financial assistance for competency-based
education;
``(iv) the extent to which statutory or
regulatory requirements not waived or for which
flexibility is not provided under subsection
(e) presented difficulties or unintended
consequences for students or eligible entities;
``(v) a description of the waivers or
flexibility provided under subsection (e) that
were most beneficial to students or eligible
entities, and an explanation of such benefits;
``(vi) the percentage of students who
received each of the following--
``(I) a grant under this title;
``(II) a loan under this title;
``(III) a State grant;
``(IV) a State loan;
``(V) an institutional grant;
``(VI) an institutional loan;
``(VII) a private loan; and
``(VIII) an employer grant or
subsidy;
``(vii) median annual total cost and net
cost to the student of the program;
``(viii) median total cost and net cost of
the credential and associated examination or
licensure calculated upon completion;
``(ix) median outstanding balance of
principal and interest on loans made under this
title that students have upon graduation;
``(x) the median 3-year adjusted cohort
default rate as defined under section 435(m);
``(xi) the median 1-year and 3-year
repayment rate of loans made under this title;
``(xii) the median student earnings 1, 3,
and 4 years after graduation;
``(xiii) a description of the curricular
infrastructure, including assessments of
student knowledge and the corresponding
competencies;
``(xiv) a description of the role of
faculty and faculty involvement; and
``(xv) outcomes of the assessments of
student competency.
``(B) Disaggregation.--The data collected under
clauses (vi) through (xii) shall be disaggregated by
each group of students described in paragraph (1)(C).
``(3) Annual report.--The Director, in consultation with
the Secretary, shall annually provide to the authorizing
committees a report on--
``(A) the evaluations required under paragraph (2);
``(B) the number and types of students receiving
assistance under this title for competency-based
education programs offered under projects under this
section;
``(C) any proposed statutory or regulatory changes
designed to support and enhance the expansion of
competency-based education programs, which may be
independent of or combined with traditional credit hour
or clock hour projects;
``(D) the most effective means of delivering
competency-based education programs through projects
under this section; and
``(E) the appropriate level and distribution
methodology of Federal assistance under this title for
students enrolled in a competency-based education
program.
``(h) Coordination.--An eligible entity or the Director shall
consult with the Secretary of Education or the Secretary of the
Treasury to obtain the employment, earnings, and loan information that
may be necessary for purposes of subsection (c)(2)(F) or subsection
(g), respectively.
``(i) Oversight.--In carrying out this section, the Secretary
shall, at least twice annually--
``(1) assure compliance of eligible entities with the
requirements of this title (other than the provisions of law
and regulations that are waived under subsection (e));
``(2) provide technical assistance;
``(3) monitor fluctuations in the student population
enrolled in the eligible entities carrying out the
demonstration projects under this section;
``(4) consult with appropriate accrediting agencies or
associations and appropriate State regulatory authorities for
additional ways of improving the delivery of competency-based
education programs; and
``(5) collect and disseminate to eligible entities carrying
out a demonstration project under this section, best practices
with respect to such projects.
``(j) Data Privacy.--
``(1) In general.--It shall be unlawful for any person who
obtains or has access to personally identifiable information
pursuant to this section to knowingly disclose to any person
(except as authorized in this section or any Federal law) such
personally identifiable information.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code.
``(3) Officer or employee of the united states.--If any
officer or employee of the United States violates paragraph
(1), the officer or employee shall be dismissed from office or
discharged from employment upon conviction for the violation.
``(4) Law enforcement.--Personally identifiable information
collected under this section shall not be used for any law
enforcement activity or any other activity that would result in
adverse action against any student, including debt collection
activity or enforcement of the immigration laws.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 to the Department to carry out the project
under this section.
``(l) Definitions.--For the purpose of this section:
``(1) Career pathway.--The term `career pathway' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
``(2) Competency.--The term `competency' means the
knowledge, skill, and abilities demonstrated for a particular
program of study.
``(3) Competency-based education program.--The term
`competency-based education program' means a postsecondary
program that provides competency-based education for which the
accrediting agency or association of the institution of higher
education offering such program has established or will
establish the standards described in subsection (c) and, in
accordance with such standards--
``(A) measures academic progress and credential
attainment by the assessment of student learning in
lieu of, or in addition to, credit or clock hours;
``(B) measures and assesses such academic progress
and attainment in terms of a student's mastery of
competencies by identifying what students know and the
skills mastered through rigorous assessment;
``(C) determines and reports to the Secretary the
number of credit or clock hours that would be needed
for the attainment of a similar level of knowledge,
skills, and characteristics in a standard credit or
clock hour program;
``(D) provides the educational content, activities,
support, and resources necessary to enable students to
develop and attain the competencies that are required
to demonstrate mastery of such competencies, including
a system for monitoring a student's engagement and
progress in each competency, in which faculty are
responsible for providing proactive academic
assistance, when needed, on the basis of such
monitoring;
``(E) upon a student's demonstration or mastery of
a set of competencies identified and required by the
institution, leads to or results in the awarding of a
certificate or degree;
``(F) ensures that funds received under this title
may be used only for learning that results from
instruction provided or overseen by the institution and
not for the portion of the program of which the student
has demonstrated mastery prior to enrollment in the
program or tests of learning that are not associated
with educational activities overseen by the
institution;
``(G) is organized in a manner that an institution
can determine, based on the method of measurement
selected by the institution, and approved by the
accreditor as described in subsection (c), what
constitutes a full-time, three-quarter time, half-time,
and less than half-time workload for the purposes of
awarding and administering assistance under this title,
or assistance provided under another provision of
Federal law to attend an institution of higher
education; and
``(H) may use a disaggregated faculty model in
which the educational responsibilities for an academic
course are divided among a number of individuals, each
performing specific tasks essential to instruction,
including curriculum design, content delivery, and
student assessment.
``(4) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(5) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(6) Eligible entity.--The term `eligible entity' means an
institution of higher education, which may be an institution of
higher education that offers a dual or concurrent enrollment
program.
``(7) First generation college student.--The term `first
generation college student' has the meaning given the term in
section 402A(h)(3).
``(8) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102, except that such term does not include
institutions described in section 102(a)(1)(C).''.
(b) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter the
authority of the Secretary of Education to establish experimental sites
under any other provision of law.
SEC. 4616. COMPETENCY-BASED EDUCATION COUNCIL.
(a) Establishment of a Committee on Competency-Based Education.--
Not later than 6 months after the date of enactment of this Act, there
shall be established the Competency-Based Education Council (referred
to in this section as the ``Council'').
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) 3 individuals appointed by the Secretary of
Education;
(B) 2 individuals appointed by the Director of the
Bureau of Consumer Financial Protection;
(C) not less than 8 and not more than 13
individuals appointed by the Comptroller General of the
United States, representing--
(i) experts in competency-based education;
(ii) faculty members in competency-based
education programs;
(iii) faculty members in non-competency
based education programs;
(iv) administrators at institutions that
offer competency-based education programs;
(v) individuals currently enrolled in or
graduated from a competency-based education
program;
(vi) accrediting agencies or associations
that recognize competency-based education
programs;
(vii) experts from State educational
agencies; and
(viii) business and industry
representatives; and
(D) 4 members appointed by--
(i) the Majority Leader of the Senate;
(ii) the Minority Leader of the Senate;
(iii) the Speaker of the House of
Representatives; and
(iv) the Minority Leader of the House of
Representatives.
(2) Chairperson.--The Council shall select a Chairperson
from among its members.
(3) Vacancies.--Any vacancy in the Council shall not affect
the powers of the Council and shall be filled in the same
manner as an initial appointment.
(c) Meetings.--The Council shall hold, at the call of the
Chairperson, not less than 6 meetings before completing the study
required under subsection (e) and the report required under subsection
(f).
(d) Personnel Matters.--
(1) Compensation of members.--Each member of the Council
shall serve without compensation in addition to any such
compensation received for the member's service as an officer or
employee of the United States, if applicable.
(2) Travel expenses.--The members of the Council shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter 1 of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Council.
(e) Duties of the Council.--
(1) Study.--The Council shall conduct a study on the
ongoing innovation and development of competency-based
education programs.
(2) Recommendations.--Based on the findings of the study
under paragraph (1), and the annual evaluations of the
demonstration projects under section 486C of the Higher
Education Act of 1965, as added by section 4615 of this Act,
the Council shall develop recommendations for the authorization
of competency-based education under the Higher Education Act of
1965, including recommendations that--
(A) provide or update standard definitions, if
needed, for relevant terms, including--
(i) competency-based education;
(ii) competency-based education program
including quality indicators, that include
appropriate student outcome metrics, for such
programs; and
(iii) any other relevant definitions agreed
upon; and
(B) address--
(i) the amount of learning in a competency
unit;
(ii) the transfer of competency-based
education credits to other institutions or
programs;
(iii) the minimum amount of time in an
academic year for competency-based education
programs, for financial aid purposes;
(iv) considerations for accreditation
agencies before recognizing competency-based
education programs;
(v) address the role of faculty and faculty
involvement in competency-based education
programs;
(vi) additional resources that may be
needed for adequate oversight of competency-
based education programs; and
(vii) the responsiveness of competencies to
the labor market and employers.
(f) Reports.--
(1) Interim reports.--Not later than 2 years after the date
of enactment of this Act, and biennially thereafter until the
final report is submitted under paragraph (2), the Council
shall prepare and submit to the Secretary of Education and
Congress, and make available to the public, a report that
provides ongoing feedback to the annual evaluations of the
demonstration projects under section 486C(g)(2) of the Higher
Education Act of 1965, as added by section 4615 of this Act,
including a discussion of implementation challenges programs
face, and the items listed in subsection (e)(2)(B).
(2) Final report.--Not later than 6 years after the date of
enactment of this Act, the Council shall prepare and submit to
the Secretary of Education and Congress, and make available to
the public, a report containing the findings of the study under
subsection (e)(1) and the recommendations developed under
subsection (e)(2).
SEC. 4617. WRITTEN ARRANGEMENTS TO PROVIDE EDUCATIONAL PROGRAMS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is amended by inserting after section 486C (as added by
section 4615 of this Act) the following:
``SEC. 486D. WRITTEN ARRANGEMENTS TO PROVIDE EDUCATIONAL PROGRAMS.
``(a) Written Arrangements Between Eligible Institutions.--
``(1) In general.--Except as provided in paragraph (2), if
an eligible institution enters into a written arrangement with
another eligible institution, or with a consortium of eligible
institutions, under which the other eligible institution or
consortium provides part of the educational program to students
enrolled in the first institution, the Secretary shall consider
that educational program to be an eligible program if the
educational program offered by the institution that grants the
degree or certificate otherwise satisfies the requirements for
eligibility under this title.
``(2) Common ownership or control.--If the written
arrangement described in paragraph (1) is between two or more
eligible institutions that are owned or controlled by the same
individual, partnership, or corporation, the Secretary shall
consider the educational program to be an eligible program if--
``(A) the educational program offered by the
institution that grants the degree or certificate
otherwise satisfies the requirements for eligibility
under this title; and
``(B) the institution that grants the degree or
certificate provides more than 50 percent of the
educational program.
``(b) Written Arrangements for Study-abroad.--Under a study abroad
program, if an eligible institution enters into a written arrangement
under which an institution in another country, or an organization
acting on behalf of an institution in another country, provides part of
the educational program of students enrolled in the eligible
institution, the Secretary considers that educational program to be an
eligible program if it otherwise satisfies the requirements of
paragraphs (1) through (3) of subsection (c).
``(c) Written Arrangements Between an Eligible Institution and an
Ineligible Institution or Organization.--If an eligible institution
enters into a written arrangement with an institution or organization
that is not an eligible institution under which the ineligible
institution or organization provides part of the educational program of
students enrolled in the eligible institution, the Secretary shall
consider that educational program to be an eligible program if--
``(1) the ineligible institution or organization has not--
``(A) had its eligibility to participate in the
programs under this title terminated by the Secretary;
``(B) voluntarily withdrawn from participation
programs under this title under a termination, show-
cause, suspension, or similar type proceeding initiated
by the institution's State licensing agency,
accrediting agency, guarantor, or by the Secretary;
``(C) had its certification to participate in
programs under this title revoked by the Secretary;
``(D) had its application for re-certification to
participate in programs under this title denied by the
Secretary; or
``(E) had its application for certification to
participate in programs under this title denied by the
Secretary;
``(2) the ineligible institution or organization does not
have any role in the admission of students into the educational
program;
``(3) the educational program offered by the institution
that grants the degree or certificate otherwise satisfies the
requirements for eligibility under this title; and
``(4)(A) the ineligible institution or organization
provides 25 percent or less of the educational program; or
``(B)(i) the ineligible institution or organization
provides more than 25 percent but less than 50 percent of the
educational program;
``(ii) the eligible institution and the ineligible
institution or organization are not owned or controlled by the
same individual, partnership, or corporation;
``(iii) the eligible institution's accrediting agency, or
if the institution is a public postsecondary vocational
educational institution, the State agency determined by the
Secretary to be a reliable authority as to the quality of
public postsecondary vocational education pursuant to section
487(c)(4), has specifically determined that the institution's
arrangement meets the agency's standards for the contracting
out of educational services; and
``(iv) the eligible institution provides to the Secretary
the institution's expenditures on instruction, student
services, marketing, recruitment, advertising, and lobbying
made available under section 132(i)(1)(AA) with respect to the
portion of the educational program covered by the written
arrangement.
``(d) Administration of Title IV Programs.--
``(1) In general.--If an institution enters into a written
arrangement as described in subsection (a), subsection (b), or
subsection (c), except as provided in paragraph (2), the
institution at which the student is enrolled as a regular
student shall determine the student's eligibility for funds
under this title, and shall calculate and disburse those funds
to that student.
``(2) Special rule for arrangements between eligible
institutions.--In the case of a written arrangement between
eligible institutions, the institutions may agree in writing to
have any eligible institution in the written arrangement
calculate and disburse funds under this title to the student
and the Secretary shall not consider that institution to be a
third party servicer for that arrangement.
``(3) Calculation and disbursement.--The institution that
calculates and disburses a student's funds under paragraph (1)
or paragraph (2) must--
``(A) take into account all the hours in which the
student enrolls at each institution that apply to the
student's degree or certificate when determining the
student's enrollment status and cost of attendance; and
``(B) maintain all records regarding the student's
eligibility for and receipt of funds under this title.
``(e) Information Made Available to Students.--If an institution
enters into a written arrangement described in subsection (a),
subsection (b), or subsection (c), the institution shall provide
directly to enrolled and prospective students, and make available on a
publicly accessible website of the institution, a description of
written arrangements the institution has entered into in accordance
with this section, including information on--
``(1) the portion of the educational program that the
institution that grants the degree or certificate is not
providing;
``(2) the name and location of the other institutions or
organizations that are providing the portion of the educational
program that the institution that grants the degree or
certificate is not providing;
``(3) the method of delivery of the portion of the
educational program that the institution that grants the degree
or certificate is not providing; and
``(4) estimated additional costs students may incur as the
result of enrolling in an educational program that is provided,
in part, under the written arrangement.''.
SEC. 4618. IMPROVEMENTS TO PROGRAM PARTICIPATION AGREEMENTS.
(a) Alcohol and Substance Misuse Prevention.--Section 487(a)(10) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)(10)) is amended by
striking ``a drug abuse prevention program'' and inserting ``an alcohol
and substance misuse prevention program in accordance with section
120''.
(b) Adjusted Cohort Default Rate.--Section 487(a)(14) of the Higher
Education Act of 1965 is amended by adding at the end the following:
``(D) Beginning on the date on which the final adjusted
cohort default rates are published by the Secretary for fiscal
year 2018 under section 435(m), subparagraph (C) shall be
applied by substituting `adjusted cohort default rate in excess
of 5 percent' for `cohort default rate in excess of 10 percent'
each place it appears.''.
(c) Postsecondary Data.--Paragraph (17) of section 487(a) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended to read as
follows:
``(17) The institution of higher education (or the assigned
agent of such institution) shall collect and submit data to the
Commissioner for Education Statistics in a timely manner in
accordance with--
``(A) section 132(l);
``(B) nonstudent-related surveys within the
Integrated Postsecondary Education Data System (IPEDS);
and
``(C) any other Federal postsecondary data
collection effort.''.
(d) Access to Housing for Foster Youth.--Section 487(a)(19) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)(19)) is amended--
(1) by striking ``The institution will not'' and inserting
the following: ``The institution--
``(A) will not'';
(2) by inserting ``housing facilities,'' after
``libraries,'';
(3) by striking ``institution.'' and inserting
``institution; and''; and
(4) by adding at the end the following:
``(B) will provide a means for students to access
institutionally owned or operated housing if a student
is temporarily unable to meet financial obligations
related to housing, including deposits, due to delayed
disbursement of vouchers for education and training
made available under section 477 of part E of title IV
of the Social Security Act or delays attributable to
the institution.''.
(e) Distribution of Voter Registration Forms.--
Section 487(a)(23)(A) of the Higher Education Act of 1965
(20 U.S.C. 1094(a)(23)(A)) is amended by striking ``, if
located in a State to which section 4(b) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) does not
apply,''.
(f) Proprietary Institutions.--
(1) 85/15 rule.--
(A) Amendment.--Section 487(a)(24) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(24)) is
amended by striking ``not less than ten percent of such
institution's revenues from sources other than funds
provided under this title'' and inserting ``not less
than 15 percent of such institution's revenues from
sources other than Federal education assistance
funds''.
(B) Effective date.--The amendment made by this
paragraph shall take effect on July 1, 2022.
(2) Repeals.--
(A) In general.--Subsections (a)(24) and (d)(2) of
section 487 the Higher Education Act of 1965 (20 U.S.C.
1094) are repealed.
(B) Effective date.--The repeals made by this
paragraph shall take effect on July 1, 2023.
(g) Written Arrangements With Other Institutions.--Section 487(a)
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by
adding at the end the following:
``(30) In the case of an institution that enters into a
written arrangement with an organization or another institution
to provide part of an educational program, the institution will
comply with the applicable requirements of section 486D.''.
SEC. 4619. COMPLIANCE WITH THE CIVIL RIGHTS ACT OF 1964.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by the preceding sections, is further amended by
adding at the end the following:
``(31) The institution will--
``(A) designate at least one employee to coordinate
compliance with title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.), including any
investigation of any complaint alleging--
``(i) noncompliance with such title; and
``(ii) any actions prohibited by such
title;
``(B) annually submit a report to the Secretary
that includes all complaints described in subparagraph
(A) with respect to such institution;
``(C) make the report under subparagraph (B)
publicly available on the internet website of the
institution; and
``(D) notify students and employees of--
``(i) the name, office address, and
telephone number of each employee designated
under subparagraph (A);
``(ii) the report under subparagraph (B);
``(iii) the enforcement policies of the
institution with respect to such title; and
``(iv) the procedure for reporting and
investigating complaints under such title.''.
SEC. 4620. SUBMISSION OF DATA WITH RESPECT TO STUDENTS WITH
DISABILITIES.
Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)), as amended by the preceding sections, is further amended by
adding at the end the following:
``(32) The institution will submit, for inclusion in the
postsecondary student data system established under section
132(l), the Integrated Postsecondary Education Data System of
the Department, or any other Federal postsecondary institution
data collection effort, key data related to undergraduate and
graduate students enrolled at the institution who are formally
registered as students with disabilities with the institution's
office of accessibility, including the total number of students
with disabilities enrolled, the number of students accessing or
receiving accommodation, the percentage of students with
disabilities of all undergraduate students, and the total
number of undergraduate certificates or degrees awarded to
students with disabilities. An institution shall not be
required to submit the information described in the preceding
sentence if the number of such students would reveal personally
identifiable information about an individual student.''.
SEC. 4621. EDUCATION PROGRAM ON HAZING.
(a) Educational Program on Hazing.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)), as amended by the preceding
sections, is further amended by adding at the end the following:
``(33) The institution will provide students with an
educational program on hazing (as that term is defined in
section 485(f)(6)(A)(vii)), which shall include information on
hazing awareness, hazing prevention, and the institution's
policies on hazing.''.
SEC. 4622. CHANGES TO PROGRAM PARTICIPATION AGREEMENTS TO STRENGTHEN
CONSUMER PROTECTIONS.
(a) Prohibition on Loss of Access to Transcripts for Loan
Default.--Section 487(a) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)) is further amended by adding at the end the following:
``(34)(A) The institution will not prohibit a student from
accessing the student's transcripts, degree scrolls, or other
certifications of coursework or educational attainments at the
institution because the student is in default on the repayment
of a loan made, insured, or guaranteed under this title.
``(B) For purposes of this paragraph, the term `student'
includes former students.''.
(b) Prohibition on Limitations on Ability of Students To Pursue
Claims Against Certain Institutions of Higher Education.--Section
487(a) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is
further amended by adding at the end the following:
``(35) No agreement between the institution and any student
will contain any limitation or restriction (including a
limitation or restriction on any available choice of applicable
law, a jury trial, or venue) on the ability of the student to
pursue a claim, individually or with others, against an
institution in court.''.
SEC. 4623. MISREPRESENTATION AND SUBSTANTIAL MISREPRESENTATION DEFINED.
Section 487(c)(3) of the Higher Education Act of 1965 (20 U.S.C.
1094(c)(3)) is amended--
(1) in subparagraph (B)(i), by striking ``$25,000'' and
inserting ``$60,000''; and
(2) by adding at the end the following:
``(C) In this paragraph:
``(i) The term `misleading' means having the likelihood or
tendency to mislead under the circumstances.
``(ii) The term `misrepresentation'--
``(I) means any false, erroneous, or misleading
statement an institution, one of its representatives,
or a third-party servicer (as defined in section
481(c)) makes directly or indirectly to a student,
prospective student or any member of the public, or an
accrediting agency, a State agency, or to the
Secretary; and
``(II) includes any statement that omits
information in such a way as to make the statement
false, erroneous, or misleading.
``(iii) The term `statement' means any communication made
in writing, visually, orally, or through other means.
``(iv) The term `substantial misrepresentation' means any
misrepresentation on which the person to whom such
misrepresentation was made could reasonably be expected to
rely, or has reasonably relied, to that person's detriment.''.
SEC. 4624. REVENUE REQUIREMENT.
(a) Amendments.--Section 487(d) of the Higher Education Act of 1965
(20 U.S.C. 1094(d)) is amended--
(1) in the subsection heading, by striking ``Title IV'' and
inserting ``Federal Education Assistance Funds'';
(2) in paragraph (1)--
(A) in subparagraph (B)(iii)--
(i) in subclause (II), by striking ``or'';
(ii) in subclause (III), by adding ``or''
at the end; and
(iii) by adding at the end the following:
``(IV) provides industry-related
skills training pursuant to a contract
with an entity that is an independent
third-party (such as an employer),
except that revenues from such skills
training shall not exceed 5 percent of
the institution's revenues for the
purposes of the calculation under this
paragraph, if the institution--
``(aa) does not offer more
than 50 percent of the
institution's courses
exclusively through distance
education;
``(bb) ensures that less
than 50 percent of students
enrolled at the institution are
enrolled exclusively in courses
offered through distance
education; and
``(cc) was providing such
skills training pursuant to
such contract before the date
of enactment of the College
Affordability Act;'';
(B) in subparagraph (C), in the matter preceding
clause (i), by striking ``funds for a program under
this title'' and inserting ``Federal education
assistance funds''; and
(C) in subparagraph (D)(ii), by inserting
``(including any financing or credit instrument of
which the institution was a holder or guarantor)''
after ``proprietary institution of higher education'';
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``college
navigator'' and inserting ``department of education'';
and
(B) in the matter preceding subparagraph (A), by
striking ``on the College Navigator'' and inserting
``on a Department of Education''; and
(4) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by
inserting ``and make publicly available'' after
``committees''; and
(B) in subparagraph (A), by striking ``sources
under this title'' and inserting ``Federal education
assistance funds''.
(b) Effective Date.--The amendments made by this section shall take
effect on July 1, 2022.
SEC. 4625. TEACH-OUT PLANS.
Section 487(f)(2) of the Higher Education Act of 1965 (20 U.S.C.
1094(f)(2)) is amended to read as follows:
``(2) Teach-out plan defined.--In this subsection, the term
`teach-out plan' means a written plan that provides for the
equitable treatment of students if an institution of higher
education ceases to operate before all students have completed
their program of study that--
``(A) shall include--
``(i) a process to maintain a complete list
of such students and the estimated date of
completion of each such student's program of
study; and
``(ii) a record retention plan that
includes--
``(I) a plan to provide each
student with the transcript of such
student, at no cost to such student,
regardless of whether such student
chooses to participate in a teach-out
or transfer; and
``(II) the policies and procedures
required under subparagraphs (B) and
(C) of section 495(a)(6); and
``(B) may include--
``(i) if required by the institution's
accrediting agency or association, an agreement
between institutions for such a teach-out plan;
and
``(ii) such other information as the
Secretary may require.''.
SEC. 4626. EXPERIMENTAL PROGRAMS.
Section 487A of the Higher Education Act of 1965 (20 U.S.C. 1094a)
is amended to read as follows:
``SEC. 487A. EXPERIMENTATION WITH STATUTORY AND REGULATORY FLEXIBILITY.
``(a) Experimental Sites.--The Secretary is authorized to
periodically select a limited number of institutions for voluntary
participation as experimental sites to test the effectiveness of
approaches to statutory and regulatory flexibility that--
``(1) to the extent appropriate, may lead to a reduction of
regulatory burden on institutions of higher education or the
Department of Education, except that the Secretary shall not
waive any requirement of this title for any institution
participating as an experimental site that would reduce the
protections or the information provided to a student under this
Act; and
``(2) aim to increase student success, as determined in
accordance with subsection (g).
``(b) Continuing and Discontinuing Experiments and Experimental
Sites.--The Secretary may continue any experiment or the voluntary
participation of any experimental site in existence as of the date of
enactment of the College Affordability Act, unless the Secretary
determines that such experiment or site has not been successful in
increasing student success as determined in accordance with subsection
(g). Any experiment or experimental site approved by the Secretary
prior to the date of enactment of the College Affordability Act that
has not been successful in increasing student success shall be
discontinued before the first day of the first award year beginning
after such date.
``(c) Waivers.--The Secretary is authorized to waive, for any
institution participating as an experimental site under subsection (a),
any requirements in this title, including requirements related to the
award process and disbursement of student financial aid (such as
innovative delivery systems for modular or compressed courses, or other
innovative systems), verification of student financial aid application
data, entrance and exit interviews, or other management procedures or
processes as determined in the negotiated rulemaking process under
section 492, or regulations prescribed under this title, that will bias
the results of the experiment, except that the Secretary shall not
waive any provisions with respect to award rules (other than an award
rule related to an experiment in modular or compressed schedules),
grant and loan maximum award amounts, and need analysis requirements
unless the waiver of such provisions is authorized by another provision
under this title.
``(d) Evaluation Plan Required.--Before notifying institutions of
the intent of the Secretary to carry out an experiment under this
section, the Secretary, in consultation with the Director of the
Institute of Education Sciences, shall develop an evaluation plan for
the experiment. The evaluation plan shall include the following:
``(1) Identification of the methodology to be used for
collecting data on the experiment which shall include, to the
extent practicable, a methodology that allows for the
disaggregation of data by age, race, gender, disability status,
status as a veteran or member of the Armed Forces, status as a
first generation college student, and status as a recipient of
a Federal Pell Grant under section 401.
``(2) Identification of the rigorous evaluation methods to
be used for determining the impact of the experiment, which
shall include, to the extent practicable--
``(A) a randomized controlled design; and
``(B) an assessment of whether the experiment has a
differential impact on any group described in paragraph
(1).
``(3) A schedule for conducting the experiment in
accordance with the duration limit specified in subsection (f).
``(4) An estimate of the cost of conducting the experiment,
to the extent practicable.
``(5) An estimate of the size of the study sample (such as
the number of participating students or institutions) needed to
determine if the experiment has statistically significant
effects.
``(e) Limitation Pending Notice to Congress.--
``(1) Limitation.--The Secretary may not carry out an
experiment at an experimental site under this section until a
period of 60 days has elapsed following the date on which the
Secretary submits to the authorizing committees the notice
described in paragraph (2).
``(2) Notice to congress.--The notice described in this
paragraph is a written notice that includes--
``(A) a description of the experiment proposed to
be carried out by the Secretary, including the
rationale for the proposed experiment;
``(B) the policy-relevant questions the Secretary
intends to evaluate through the experiment and an
explanation of how the design of the experiment will
allow the Secretary to best answer those questions;
``(C) a list of the specific statutory and
regulatory requirements that the Secretary intends to
waive with respect to an institution participating as
an experimental site and the legal authority for such
waivers;
``(D) an explanation of how the statutory and
regulatory flexibility provided to an institution
participating as an experimental site is expected to
increase student success, as required under subsection
(a); and
``(E) a copy of the evaluation plan developed under
subsection (d).
``(f) Duration.--
``(1) In general.--Except as provided in paragraph (2), the
duration of an experiment under this section shall not exceed a
period of four years beginning with the first award year for
which Federal financial aid is disbursed to students
participating in the experiment.
``(2) Extension.--The Secretary may extend an experiment
for up to two years beyond the four-year period specified in
paragraph (1) on a case-by-case basis.
``(g) Determination of Success.--For the purposes of subsection
(a), the Secretary shall make a determination of success regarding an
institution's participation as an experimental site based on--
``(1) whether, and to what extent, student outcomes improve
as a direct result of the experiment;
``(2) whether the experimental site improves the delivery
of services to, or otherwise benefitted, students; and
``(3) the extent to which the experiment reduces
administrative burdens on institutions participating as
experimental sites, as documented in the Secretary's annual
report under subsection (h)(3), without harming students.
``(h) Outcomes Reporting.--
``(1) Data submission.--Each institution participating as
an experimental site shall submit to the Secretary, on a
periodic basis to be determined by the Secretary, data on
outcomes relating to the experiment carried out at the site.
``(2) Review and evaluation.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall review and rigorously evaluate the
activities of each institution participating as an
experimental site.
``(B) Evaluation methodology.--To the extent
practicable, the evaluation under subparagraph (A)
shall be based on data collected in accordance with the
data collection methodology specified in the evaluation
plan for the experiment under subsection (d)(1).
``(3) Annual report.--On an annual basis, the Secretary
shall submit to the authorizing committees a report based on
the review and evaluation carried out under paragraph (2). Each
report shall include, with respect to each experiment carried
out by the Secretary during the period covered by the report,
the following:
``(A) A summary of the status of the experiment.
``(B) A list identifying each institution
participating as an experimental site.
``(C) The specific statutory or regulatory waivers
granted to each institution participating as an
experimental site.
``(D) In a case in which data on the experiment is
not collected in accordance with the methodology
specified in the evaluation plan under subsection
(d)(1)--
``(i) the reasons that such methodology was
not used to collect data on the experiment; and
``(ii) a description of the alternative
data collection methodology used for the
experiment.
``(E) An evaluation of the quality of data yielded
by the experiment.
``(F) A summary and analysis of the findings, to
date, of the experiment.
``(G) An assessment of whether the experiment has
had a differential impact on any group listed in
subsection (d)(1).
``(H) An explanation of any current or foreseen
barriers to conducting the experiment.
``(I) In the case of an experiment for which the
Secretary determines there is sufficient value in
continuing the experiment past the duration limit
specified in subsection (f)(1), adequate documentation
to justify such continuation.
``(4) Final report.--Not later than 180 days after the
conclusion of each experiment, the Secretary shall submit to
the authorizing committees a report that includes the
following:
``(A) A summary of the data yielded by the
experiment, including, to the extent practicable, data
on the results of the experiment disaggregated by age,
race, gender, disability status, status as a veteran or
member of the Armed Forces, status as a first
generation college student, and status as a recipient
of a Federal Pell Grant under section 401.
``(B) The conclusions reached regarding each
experiment conducted.
``(C) Recommendations, based on the results of the
experiment--
``(i) to improve and streamline relevant
statutes, including this Act; and
``(ii) for improvements to relevant
regulations.
``(D) An explanation of any changes to regulations
that the Secretary intends to make as a result of the
experiment.
``(5) Public availability.--Each report submitted under
paragraphs (3) and (4) shall be made available on a publicly
accessible website of the Department of Education.
``(i) Fast-track Process to Comply With Information Collection
Requirements.--The requirements of section 3507 of title 44, United
States Code, shall not apply to the collection of information by the
Department of Education on experiments carried out in accordance with
this section.''.
SEC. 4627. ADMINISTRATIVE EXPENSES.
Section 489(a) of the Higher Education Act of 1965 (20 U.S.C.
1096(a)) is amended--
(1) in the second sentence, by striking ``or under part E
of this title''; and
(2) in the third sentence--
(A) by inserting ``and'' after ``subpart 3 of part
A,''; and
(B) by striking ``compensation of students,'' and
all that follows through the period and inserting
``compensation of students.''.
SEC. 4628. CRIMINAL PENALTIES FOR MISUSE OF ACCESS DEVICES.
(a) In General.--Section 490 (20 U.S.C. 1097) is amended by adding
at the end the following:
``(e) Access to Department of Education Information Technology
Systems for Fraud, Commercial Advantage, or Private Financial Gain.--
Any person who knowingly uses an access device, as defined in section
1029(e)(1) of title 18, United States Code, issued to another person or
obtained by fraud or false statement to access Department information
technology systems for purposes of obtaining commercial advantage or
private financial gain, or in furtherance of any criminal or tortious
act in violation of the Constitution or laws of the United States or of
any State, shall be fined not more than $20,000, imprisoned for not
more than 5 years, or both.''.
(b) Guidance.--The Secretary shall issue guidance regarding the use
of access devices in a manner that complies with this section, and the
amendments made by this section.
(c) Effective Date of Penalties.--The penalties described in
section 490(e) of the Higher Education Act of 1965 (20 U.S.C. 1097), as
added by subsection (a), shall take effect the day after the date on
which the Secretary issues guidance regarding the use of access
devices, as described in subsection (b).
SEC. 4629. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
Section 492 of the Higher Education Act of 1965 (20 U.S.C. 1098a)
is amended--
(1) in subsection (a)(1), by striking ``students,
institutions of higher education, State student grant agencies,
guaranty agencies, lenders, secondary markets, loan servicers,
guaranty agency servicers, and collection agencies'' and
inserting ``students and borrowers, consumer representatives,
institutions of higher education, and contractors responsible
for carrying out student financial assistance programs under
this title''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``both
representatives of such groups from Washington, D.C.,
and industry participants'' and inserting
``representatives that are broadly representative of
constituencies in different sectors and geographic
locations''; and
(B) by adding at the end the following:
``(3) Negotiated rulemaking process.--In carrying out a
negotiated rulemaking process required under this section, the
Secretary shall--
``(A) to the extent practicable, comply with
requests from the participants in such negotiated
rulemaking process for data;
``(B) make publicly available issue papers and the
proposed regulations described in paragraph (1) in a
timely manner that allows for public review;
``(C) make video recordings of each negotiated
rulemaking session publicly available through
simultaneous transmission;
``(D) archive the video recordings described in
subparagraph (C) in a publicly available manner; and
``(E) make publicly available the transcripts of
each such negotiated rulemaking session.''.
SEC. 4630. INCOME-BASED REPAYMENT PLAN.
(a) Options to Enter Into the New Fixed Repayment Plan and Income-
based Repayment Plan.--Section 493C(b) of the Higher Education Act of
1965 (20 U.S.C. 1098e) is amended--
(1) in paragraph (7)(B)--
(A) by striking ``or'' at the end of clause (iv);
and
(B) by adding at the end the following:
``(vi) has made payments under the income-
based repayment plan under section 493C(f); or
``(vii) has made payments under the fixed
repayment plan described in section 493E;'';
(2) by amending paragraph (8) to read as follows:
``(8) a borrower who is repaying a loan made under part B
or D pursuant to income-based repayment may elect, at any time,
to terminate repayment pursuant to income-based repayment and
repay such loan under the income-based repayment plan under
section 493C(f) or the fixed repayment plan described in
section 493E;'';
(3) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(10) a borrower who is repaying a loan made, insured, or
guaranteed under part B or D pursuant to this section may repay
such loan in full at any time without penalty.''.
(b) Automatic Recertification of Income for Income-Driven Repayment
Plans.--Section 493C(c) of the Higher Education Act of 1965 (20 U.S.C.
1098e(c)) is amended--
(1) by striking ``The Secretary shall establish'' and
inserting the following:
``(1) In general.--The Secretary shall establish'';
(2) by striking ``The Secretary shall consider'' and
inserting the following:
``(2) Procedures for eligibility.--The Secretary shall--
``(A) consider''; and
(3) by striking ``428C(b)(1)(E).'' and inserting the
following: ``428C(b)(1)(E); and
``(B) beginning as soon as the Secretary determines
practicable after the Secretary finalizes the
procedures required under section 9004 of the College
Affordability Act, but not later than 2 years after the
date of enactment of such Act, carry out, with respect
to borrowers of any covered loan (as defined in section
455(d)(10)), including such borrowers who select, or
for whom the Secretary selects under paragraph (8)(C)
or (9)(C) of subsection (d), or section 428(m)(1), the
income-based repayment plan under subsection (f),
procedures for income-based repayment plans under this
section that are equivalent to the procedures carried
out under section 455(e)(9) with respect to income
contingent repayment plans.''.
(c) Income-Based Repayment.--Section 493C of the Higher Education
Act of 1965 (20 U.S.C. 1098e) is further amended by adding at the end
the following:
``(f) Income-based Repayment for New Loans on and After July 1,
2021, and for Borrowers Who Enter Income-based Repayment After June 30,
2021.--
``(1) In general.--The income-based repayment plan under
this subsection shall be carried out in accordance with this
section, except as otherwise specified in this subsection--
``(A) with respect to any loan made under part D on
or after July 1, 2021, if such borrower elects such
income-based repayment plan for the loan; and
``(B) with respect to any loan made, insured, or
guaranteed under part B or D on or before June 30,
2021, if such borrower elects to repay the loan under
such income-based repayment plan on or after July 1,
2021.
``(2) Special terms.--Notwithstanding any other provision
of this section, with respect to a loan described under
paragraph (1), the following terms shall apply to the income-
based repayment plan under this subsection:
``(A)(i) Notwithstanding subsection (a)(3)(B), the
repayment amount under this subsection shall be an
amount equal to 10 percent of the result obtained by
calculating, on at least an annual basis, the amount by
which the adjusted gross income of the borrower
(subject to clause (ii)) exceeds the applicable
percentage of the poverty line in accordance with
clause (iii).
``(ii)(I) Subject to subclause (II), in the case of
a married borrower (regardless of tax filing status),
clause (i) shall be applied by substituting `the
adjusted gross income of the borrower and the
borrower's spouse' for `the adjusted gross income of
the borrower'.
``(II) Subclause (I) shall not be applicable to any
borrower who is married and who certifies to the
Secretary through a form approved by the Secretary that
the borrower is--
``(aa) separated from the spouse of the
borrower; or
``(bb) unable to reasonably access the
income information the spouse of such borrower.
``(iii) For purposes of clause (i), the term
`applicable percentage' means 250 percent of the
poverty line applicable to the borrower's family size
(as determined under section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)))--
``(I) reduced by 10 percentage points for
each $1,000 by which the borrower's adjusted
gross income (in the case of a single borrower)
exceeds $80,000; and
``(II) reduced by 10 percentage points for
each $2,000 by which the borrower's adjusted
gross income (in the case of a married borrower
(regardless of filing status)), exceeds
$160,000.
``(B) Subsection (b)(7)(B) shall apply by
substituting `20 years' for `25 years'.
``(C) A borrower of such a loan may elect, and
remain enrolled in, the income-based repayment plan
under this subsection regardless of--
``(i) whether such borrower has a partial
financial hardship; and
``(ii) the income level of the borrower.
``(D) Notwithstanding subparagraph (A) of
subsection (b)(6), a borrower's monthly payment--
``(i) shall be equal to the repayment
amount determined under subparagraph (A)
divided by 12; and
``(ii) may exceed the monthly repayment
amount under a standard 10-year repayment plan
or a fixed repayment plan described in section
493E.
``(E) Subparagraph (B) of subsection (b)(3) shall
not apply.
``(F) Subsection (d) shall not apply.
``(G) In the case of a Federal Direct Consolidation
Loan made on or after the date of enactment of the
College Affordability Act that is being repaid under
this subsection, any monthly payment made pursuant to
any repayment plan listed in subsection (b)(7)(B) on a
loan for which the liability has been discharged by the
proceeds of such consolidation loan shall be treated as
a monthly payment under this subsection on the portion
of such consolidation loan that is attributable to such
discharged loan, except that in the case of a
subsequent consolidation loan, for purposes of this
clause--
``(i) any monthly payment made on the first
consolidation loan or any other loan for which
the liability has been discharged by such
subsequent consolidation loan shall be
applicable; and
``(ii) any monthly payment made on a loan
for which the liability has been discharged by
such first consolidation loan shall not be
applicable.
``(3) Additional special terms for certain borrowers.--A
borrower described in paragraph (1)(B)--
``(A) may--
``(i) choose to continue repayment pursuant
to the repayment plan in which the borrower is
enrolled on June 30, 2021; or
``(ii) make a one-time election to--
``(I) terminate repayment pursuant
to the repayment plan described in
clause (i) and enter the income-based
repayment plan under this subsection;
or
``(II) terminate repayment pursuant
to the repayment plan described in
clause (i) and enter a fixed repayment
plan described in section 493E; and
``(B) who makes an election under subparagraph
(A)(ii), shall not repay a loan described in paragraph
(1)(B) under a repayment plan that is not an income-
based repayment plan under this subsection or a fixed
repayment plan described in section 493E.
``(4) Written, electronic, or verbal enrollment in income-
based repayment.--
``(A) In general.--The Secretary shall develop and
implement a process that is consistent with any
procedures (including verification procedures)
established under subsection (c), which enables a
covered borrower of a loan made under part D who
desires to elect to repay such loan under income-based
repayment under this subsection to make such election
through written, electronic, or verbal notice to the
Secretary.
``(B) Covered borrower defined.--In this paragraph,
the term `covered borrower' means a borrower of a loan
made under part D who--
``(i) is enrolled in the fixed repayment
plan under section 493E; or
``(ii) has not yet selected a repayment
plan.
``(g) Special Rule for Refinanced Loans.--
``(1) Refinanced federal direct and ffel loans.--In
calculating the period of time during which a borrower of a
loan that is refinanced under section 460A has made monthly
payments for purposes of subsection (b)(7), the Secretary shall
include each month in which a monthly payment was made for the
original loan or the refinanced loan, if such monthly payment
otherwise meet the requirements of this section.
``(2) Federal direct refinanced private loans.--In
calculating the period of time during which a borrower of a
Federal Direct Refinanced Private Loan under section 460B has
made monthly payments for purposes of subsection (b)(7), the
Secretary shall include only payments--
``(A) that are made after the date of the issuance
of the Federal Direct Refinanced Private Loan; and
``(B) that otherwise meet the requirements of this
section.''.
SEC. 4631. FIXED REPAYMENT PLAN.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.) is further amended by adding at the end the following:
``SEC. 493E. FIXED REPAYMENT PLAN.
``(a) In General.--A borrower of a loan made under this part on or
after July 1, 2021, and a borrower who is in repayment on a loan made,
insured, or guaranteed under part B or part D before July 1, 2021, may
elect to repay such loan under the fixed repayment plan described in
this section.
``(b) Fixed Repayment Plan.--Under the fixed repayment plan, a
borrower whose total outstanding amount of principal and interest on
such a loan (as of the day before entering repayment on such loan)--
``(1) is equal to or less than $20,000, shall repay such
loan with a fixed monthly repayment amount paid over a period
of 10 years;
``(2) is more than $20,000 and less than $30,000, shall
repay such loan with a fixed monthly repayment amount paid over
a period of--
``(A) 15 years; or
``(B) the period described in paragraph (1), if the
borrower elects such period;
``(3) is equal to or greater than $30,000, and less than
$40,000, shall repay such loan with a fixed monthly repayment
amount paid over a period of--
``(A) 20 years; or
``(B) the period described in paragraph (1) or (2),
if the borrower elects such period; and
``(4) is equal to or greater than $40,000, shall repay such
loan with a fixed monthly repayment amount paid over a period
of--
``(A) 25 years; or
``(B) the period described in any of paragraphs (1)
through (3), if the borrower elects such period.
``(c) Treatment of Certain Consolidation Loans.--In the case of a
Federal Direct Consolidation Loan made on or after the date of
enactment of the College Affordability Act that is being repaid under
this section, any monthly payment made pursuant to any repayment plan
listed in section 493C(b)(7)(B) on a loan for which the liability has
been discharged by the proceeds of such consolidation loan shall be
treated as a monthly payment under this section on the portion of such
consolidation loan that is attributable to such discharged loan, except
that in the case of a subsequent consolidation loan, for purposes of
this subsection--
``(1) any monthly payment made on the first consolidation
loan or any other loan for which the liability has been
discharged by such subsequent consolidation loan shall be
applicable; and
``(2) any monthly payment made on a loan for which the
liability has been discharged by such first consolidation loan
shall not be applicable.''.
SEC. 4632. REQUIRING A COMMON MANUAL FOR LOAN SERVICERS.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.), as amended by this part, is further amended by adding at
the end the following:
``SEC. 493F. REQUIRING A COMMON MANUAL FOR LOAN SERVICERS.
``(a) In General.--Not later than 1 year after the date of
enactment of the College Affordability Act, the Secretary shall develop
a manual of common procedures and policies for entities with which the
Secretary enters into contracts for the origination, servicing, and
collection of covered loans, to standardize procedures to ensure
consistency of quality and practice across such entities, and a minimum
standard of quality and practice, to ensure that borrowers, including
individuals pursuing public service loan forgiveness under section
455(m) and teachers, are well served.
``(b) Updates.--The Secretary shall update the manual under
subsection (a) as frequently as may be necessary, but not less
frequently than once every 5 years.
``(c) Covered Loans Defined.--The term `covered loans' means--
``(1) loans sold or assigned to the Secretary under part B;
``(2) loans made or purchased under part D; and
``(3) loans referred, transferred, or assigned to the
Secretary under part E.''.
SEC. 4633. REMOVAL OF RECORD OF DEFAULT.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.), as amended by the preceding sections, is further amended
by adding at the end the following:
``SEC. 493G. REMOVAL OF RECORD OF DEFAULT.
``(a) In General.--Upon repaying in full the amount due on a
defaulted loan made, insured, or guaranteed under this title, the
Secretary, guaranty agency, or other holder of the loan shall request
any consumer reporting agency to which the Secretary, guaranty agency,
or holder, as applicable, reported the default of the loan, to remove
any adverse item of information relating to such loan from the
borrower's credit history.
``(b) Retroactive Application.--With respect to a borrower that,
prior to the date of enactment of the College Affordability Act, repaid
in full the amount due on a defaulted loan made, insured, or guaranteed
under this title, the Secretary, guaranty agency, or holder that
reported the default of the loan to a consumer reporting agency shall
request that such consumer reporting agency remove any adverse item of
information relating to such loan from the borrower's credit history,
upon receiving a request from the borrower for such removal.''.
SEC. 4634. AMENDMENTS TO TERMS AND CONDITIONS OF BORROWER DEFENSES.
(a) In General.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.), as amended by the preceding sections, is
further amended by adding at the end the following:
``SEC. 493H. BORROWER DEFENSES.
``(a) In General.--Notwithstanding any other provision of State or
Federal law, a defense to repayment of a loan under this title
includes--
``(1) a substantial misrepresentation;
``(2) an act or omission that would give rise to a cause of
action against an institution of higher education under
applicable State law, to the extent that such act or omission
relates to--
``(A) a loan received by a borrower under this
title; or
``(B) educational services for which such a loan
was received; or
``(3) such further acts or omissions that the Secretary
determines to be appropriate in accordance with subsection (b).
``(b) Regulations.--The Secretary shall specify in regulations
which further acts or omissions of an institution of higher education a
borrower may assert as a defense to repayment of a loan made under this
title.
``(c) Secretarial Determination.--
``(1) In general.--The Secretary shall determine whether a
borrower is entitled to relief under this section based on all
evidence available to the Secretary.
``(2) Evidentiary standard.--A borrower shall be entitled
to relief under this section if a preponderance of the evidence
available to the Secretary demonstrates that the borrower is
entitled to such relief.
``(3) Independent determination.--A determination under
paragraph (1) shall be independent of any action that the
Secretary may take to recoup funds from the institution of
higher education implicated by the borrower defense claim.
``(d) Procedures for Review and Resolution of Claims.--
``(1) Procedures required.--The Secretary shall establish
procedures for the fair and expeditious review and resolution
of borrower defense claims brought under this section. In
establishing such procedures, the Secretary shall--
``(A) provide a fair process for the review and
resolution of borrower defense claims, which shall
include procedures for the consideration of borrower
defense claims on behalf of groups of similarly
situated borrowers without requiring each borrower in
the group to submit a separate claim;
``(B) review a borrower defense claim at any time
without regard to the repayment status of any loan
subject to such claim;
``(C) allow a legal representative to bring a
borrower defense claim--
``(i) on behalf of an individual borrower;
or
``(ii) on behalf of a group of similarly
situated borrowers; and
``(D) specify a fixed timeframe for the resolution
of borrower defense claims, except that--
``(i) such timeframe shall not exceed a 12-
month period beginning on the day on which a
borrower submits such a claim under this
section; and
``(ii) a borrower defense claim that was
submitted to the Secretary before the date of
enactment of the College Affordability Act that
has not been resolved as of such date of
enactment, shall be resolved not later than 12
months after such date of enactment.
``(2) Deferment during pendency of claims.--
``(A) In general.--Subject to subparagraph (B), a
loan made under this title that is subject to a pending
borrower defense claim shall be placed in deferment
status, during which periodic installments of principal
need not be paid and interest shall not accrue (or
shall be paid by the Secretary), without regard to
whether such loan is in default.
``(B) Opt out.--The borrower of a loan subject to
deferment under subparagraph (A) may opt out of such
deferment at any time during the pendency of the
borrower defense claim.
``(C) Suspension of credit reporting and
collection.--The Secretary shall suspend all adverse
credit reporting and collection activity, including
offsets and garnishments, with respect to any loan in
default that is subject to a deferment under
subparagraph (A).
``(f) Terms of Relief.--
``(1) In general.--If the Secretary determines under
subsection (c) that a borrower is entitled to relief, the
Secretary shall, subject to paragraph (2)--
``(A) cancel or repay all or a portion of the
balance of interest and principal due on any loan
subject to the claim for relief; and
``(B) return to the borrower an amount not in
excess of the total amount of payments made on the loan
by the borrower.
``(2) Cancellation of debt and return of payments.--
``(A) Substantial misrepresentation claims.--If the
Secretary determines that a borrower is entitled to
relief based on a claim of substantial
misrepresentation, the Secretary shall--
``(i) cancel or repay the full balance of
interest and principal due on any loan subject
to the claim; and
``(ii) return to the borrower an amount
equal to the total amount of payments made on
the loan by the borrower.
``(B) Other claims.--If the Secretary determines
that a borrower is entitled to relief based on a claim
other than substantial misrepresentation, there shall
be a presumption that the Secretary will cancel or
repay the full balance of principal and interest due on
the loan and return the full amount of payments made by
the borrower as described in subparagraph (A). If the
Secretary determines that full cancellation or
repayment of the debt and return of all funds paid on
the loan is not appropriate in a particular case, the
Secretary shall provide the borrower with a written
explanation as to why partial cancellation or
repayment, or the partial return of funds is
appropriate.
``(g) Appeals.--Upon a determination by the Secretary to deny a
borrower defense claim under this section, the borrower may file an
appeal with the Department. The Secretary shall develop and implement a
standardized process for the treatment of appeals under this
subsection.
``(h) Refiling of Claims.--A borrower whose claim was denied under
this section may refile the claim for good cause, which may include--
``(1) the availability of substantial evidence that was not
available to the Secretary at the time the initial claim was
denied;
``(2) the emergence of facts or circumstances that may have
substantially altered the Secretary's original treatment of the
initial claim; and
``(3) such other factors as may be determined by the
Secretary.
``(i) Designation of Personnel.--The Secretary shall designate
qualified personnel within the Department whose principal
responsibility shall be the processing of borrower defense claims
submitted under his section.
``(j) Availability of Information to Borrowers.--
``(1) Borrower requests for information.--At the request of
a borrower, the Secretary shall identify and provide to the
borrower or the legal representative of the borrower any
records the Secretary is considering as part of the borrower's
claim.
``(2) Status of claim.--The Secretary shall establish a
process under which each borrower with a claim pending under
this section shall be notified of the status of the pending
claim not fewer than once every 90 days.
``(3) Information from institutions.--The Secretary may
request documents and other information relating to a borrower
defense claim from an institution of higher education. An
institution that receives a request for information from the
Secretary under this subsection shall provide the information
to the Secretary at such time, in such form, and in such manner
as the Secretary may direct.
``(k) Quarterly Reports.--
``(1) In general.--Not less than once every fiscal quarter,
the Secretary shall submit to the authorizing committees a
report that includes the following:
``(A) The total number of claims submitted to the
Secretary pursuant to this subsection in the fiscal
quarter covered by the report and in all previous
fiscal quarters.
``(B) Of the claims described in subparagraph (A)--
``(i) the number of claims that remain
pending;
``(ii) the number of claims that were
denied by the Secretary, and the total dollar
amount of such claims; and
``(iii) the number of claims that were
approved by the Secretary, and the total dollar
amount of such claims.
``(2) Disaggregation.--The information described in
subparagraphs (A) and (B) of paragraph (1) shall be
disaggregated by State and institution of higher education
(except that such disaggregation shall not be required in a
case in which the results would reveal personally identifiable
information about an individual borrower).
``(3) Public availability.--The information included in
each report submitted under paragraph (A) shall be made
available on a publicly accessible website of the Department.
``(l) Definitions.--In this section:
``(1) The term `legal representative' means a licensed
attorney working on behalf of a borrower or a group of
borrowers, including--
``(A) a State attorney general; and
``(B) an attorney employed by a State agency, a
Federal agency, or a nonprofit organization that is
qualified to provide legal representation to borrowers.
``(2) The term `substantial misrepresentation' has the
meaning given that term in section 487(c)(3)(C).''.
(b) Conforming Amendment.--Subsection (h) of section 455 of the
Higher Education Act of 1965 (20 U.S.C. 1087e) is repealed.
SEC. 4635. ON-TIME REPAYMENT RATES.
Part G of title IV of the Higher Education Act of 1965 (20 U.S.C.
1088 et seq.), as amended by the preceding sections, is further amended
by adding at the end the following:
``SEC. 493I. ON-TIME REPAYMENT RATES.
``(a) Calculation of On-time Repayment Rates.--
``(1) On-time repayment rate defined.--
``(A) In general.--The term `on-time repayment
rate' means for any fiscal year in which 30 or more
current and former students at an institution have been
in repayment for 3 years on any covered loan received
for attendance at the institution, the percentage of
such current and former students who have paid at least
90 percent of the monthly payments on such loan during
such 3-year repayment period.
``(B) Small cohorts.--For any fiscal year in which
fewer than 30 of an institution's current and former
students have been in repayment for 3 years, the term
`on-time repayment rate' means the percentage of such
current and former students who entered their 3rd year
of repayment on any covered loan received for
attendance at the institution in any of the 3 most
recent fiscal years and who have paid at least 90
percent of the monthly payments on such loan during
such 3-year repayment period.
``(2) Additional requirements for rate determination.--
``(A) Multiple institutions.--In the case of a
student who has attended and borrowed a covered loan
for attendance at more than one institution, the
student (and such student's subsequent repayment or
monthly payment on such loan) is attributed to each
institution for attendance at which the student
received such loan for which the student entered the
3rd year of repayment in the fiscal year for which the
on-time repayment rate is being determined.
``(B) Treatment of consolidation loans.--For
purposes of determining whether a student is in
repayment (or has paid a monthly payment) on a loan
under section 428C or a Federal Direct Consolidation
Loan, only the portion of such loan that is used to
repay a covered loan received for attendance at the
institution whose on-time repayment rate is being
determined shall be considered for purposes of such
rate.
``(3) Determination of when monthly payment is paid.--For
purposes of determining the on-time repayment rate of an
institution, a student shall be considered to have paid a
monthly payment on a covered loan if one of the following
applies:
``(A) The amount of such monthly payment has been
paid not later than 30 days after the date on which
such monthly payment is due, except that a monthly
payment by the institution, such institution's owner,
agent, contractor, employee, or any other entity or
individual affiliated with such institution made on
behalf of a student who is not employed by the
institution shall not be considered a paid monthly
payment on such loan.
``(B) The monthly payment amount due on such loan
is equal to zero.
``(C) The full amount due on the loan has been
repaid or the liability on the loan has been otherwise
discharged under this Act.
``(D) The student is in a period of deferment,
other than--
``(i) a deferment due to an economic
hardship described section 427(a)(2)(C)(iii),
428(b)(1)(M)(iv), or 455(f)(2)(D); or
``(ii) a deferment due to unemployment
described in section 427(a)(2)(C)(ii),
428(b)(1)(M)(ii), or 455(f)(2)(B)).
``(E) The student is in one of the following
periods of forbearance (as applicable to loans made,
insured, or guaranteed under part B or this title):
``(i) Medical or dental internship or
residency forbearance under subclause (I) of
section 428(c)(3)(A)(i).
``(ii) National service forbearance under
subclause (III) of section 428(c)(3)(A)(i).
``(iii) Forbearance for active duty service
in the Armed Forces under subclause (IV) of
section 428(c)(3)(A)(i).
``(iv) Forbearance for National Guard Duty
under section 428(c)(3)(B).
``(v) Forbearance due to military
mobilization or other local or national
emergency as authorized by the Secretary under
section 685.205(b)(8) of title 34, Code of
Federal Regulations (as in effect on the date
of enactment of the College Affordability Act).
``(vi) Teacher loan forgiveness forbearance
under section 682.213(e) or 685.205(a)(5) of
title 34, Code of Federal Regulations (as in
effect on the date of enactment of the College
Affordability Act).
``(4) Participation rate.--
``(A) In general.--An institution that demonstrates
to the Secretary that the institution's participation
rate is equal to or less than 20 percent for any of the
3 most recent fiscal years for which data is available
shall not be subject to subsection (b).
``(B) Determination.--For purposes of this
paragraph, the term `participation rate' means the
percentage of the institution's regular students,
enrolled on at least a half-time basis, who received a
covered loan for a 12-month period ending during the 6
months immediately preceding the fiscal year for which
the cohort of borrowers used to calculate the
institution's on-time loan repayment rate is
determined.
``(C) Data.--An institution shall provide the
Secretary with sufficient data to determine the
institution's participation rate within 30 days after
receiving an initial notification of the institution's
draft on-time repayment rate.
``(D) Notification.--Prior to publication of a
final on-time repayment rate for an institution that
provides the data described in subparagraph (C), the
Secretary shall notify the institution of the
institution's compliance or noncompliance with
subparagraph (A).
``(b) Determination of Eligibility Based on Repayment Rates and
Instructional Spending Amounts.--
``(1) Ineligibility.--
``(A) In general.--Except as provided in
subparagraphs (C) and (D), beginning on the date that
is one year after the date on which the final on-time
repayment rates are published by the Secretary for not
less than 3 fiscal years, an institution shall not be
eligible to participate in a program under this title
for the fiscal year for which the determination under
this subparagraph is made and for the two succeeding
fiscal years, if the Secretary determines the following
with respect to such institution--
``(i) the on-time repayment rate of such
institution is less than any threshold on-time
repayment rate specified under subparagraph (B)
for period determined appropriate by the
Secretary for such threshold rate; and
``(ii) with respect to any of the 3 most
recent institutional fiscal years for which the
institution submits to the Secretary
disclosures on the expenditures of the
institution on instruction for purposes of
section 132(i)(1)(AA), the amount expended by
such institution on instruction for such fiscal
year is less than 1/3 of the institution's
revenues derived from tuition and fees.
``(B) Threshold rates.--For purposes of
determinations under subparagraph (A)(i), the Secretary
shall specify 1 or more threshold on-time repayment
rates, which rates--
``(i) shall require that a significant
percentage of students who have been in
repayment for 3 years on a covered loan
received for attendance at an institution of
higher education have paid at least 90 percent
of the monthly payments on such covered loan
during such 3-year repayment period; and
``(ii) may be applicable with respect to a
period of 1 or more fiscal years, as determined
appropriate for such a rate.
``(C) Exceptions for certain categories of
educational programs.--
``(i) Exceptions for certain categories of
educational programs.--With respect to an
institution that loses eligibility to
participate in a program under this title in
accordance with paragraph (1), such institution
may request and be granted an exception to such
loss of eligibility for a category of
educational programs at such institution by
demonstrating to the Secretary that the on-time
loan repayment rate for such category of
educational programs is greater than the
threshold percentage specified under paragraph
(1)(B) for each fiscal year of the period on
which such loss of eligibility for the
institution is based.
``(ii) Determinations.--In determining the
on-time loan repayment rate for a category of
educational programs, subsection (a)(1) shall
be applied--
``(I) in subparagraph (A), by
substituting `received for enrollment
in the category of educational programs
for which such rate is being
determined' for `received for
attendance at the institution'; and
``(II) as if the following were
added at the end of such paragraph:
```(C) Multiple categories of educational
programs.--In the case of a student who has received a
covered loan for enrollment in more than one category
of educational programs, the student (and such
student's subsequent repayment or monthly payment on
such covered loan) is attributed to the last category
of educational programs in which such student was
enrolled.'.
``(D) Appeals.--Not later than 60 days of receiving
notification from the Secretary of the loss of
eligibility under subparagraph (A), the institution may
appeal the loss of its eligibility under subsection
(c).
``(2) Repayment management plan requirement for certain
institutions.--
``(A) In general.--Beginning on the date that is
one year after the date on which the final on-time
repayment rates are published by the Secretary for not
less than 3 fiscal years, an institution shall be
subject to the requirements of subparagraph (B), if the
Secretary determines the following with respect to such
institution--
``(i) the on-time repayment rate of such
institution is less than any threshold on-time
repayment rate specified under paragraph (1)(B)
for period determined appropriate by the
Secretary for such threshold rate; and
``(ii) for each of the 3 most recent
institutional fiscal years for which the
institution submits to the Secretary
disclosures on the expenditures of the
institution on instruction for purposes of
section 132(i)(1)(AA), the amount expended by
the institution for instructional spending is
greater than or equal to an amount equal to 1/3
of the amount of revenue derived from tuition
and fees.
``(B) Repayment management plan.--An institution
subject to the requirements of this subparagraph,
shall--
``(i) not later than 6 months after the
determination under subparagraph (A), submit to
the Secretary a repayment management plan which
the Secretary, in the Secretary's discretion,
after consideration of the institution's
history, resources, expenditures, and targets
for improving on-time repayment, determines--
``(I) is acceptable and is in the
best interests of students; and
``(II) provides reasonable
assurance that the institution will
have an on-time repayment rate that
exceeds the on-time threshold referred
to in subparagraph (A)(i) after a
reasonable period;
``(ii) engage an independent third-party to
provide technical assistance in implementing
such repayment management plan; and
``(iii) provide to the Secretary, on an
annual basis or at such other intervals as the
Secretary may require, evidence of on-time
repayment rate improvement and successful
implementation of such repayment management
plan.
``(c) Appeals.--
``(1) Secretarial requirements.--The Secretary shall issue
a decision on any appeal submitted by an institution under
subsection (b)(1)(D) not later than 45 days after its
submission. Such decision may permit the institution to
continue to participate in a program under this title if--
``(A) the institution demonstrates to the
satisfaction of the Secretary that the Secretary's
calculation of its on-time repayment rate is not
accurate, and that recalculation would increase its on-
time repayment rate above the applicable threshold
percentage specified in subsection (b)(1)(B) for the
period on which the determination of the institution's
ineligibility under subsection (b)(1)(A) was based;
``(B) the institution demonstrates to the
satisfaction of the Secretary that there has been
improper loan servicing, which, if remedied, would
increase its on-time repayment rate above the
applicable threshold percentage specified in subsection
(b)(1)(B) for the period on which the determination of
the institution's ineligibility under subsection
(b)(1)(A) was based;
``(C) there are, in the judgment of the Secretary,
exceptional mitigating circumstances that would make
the application of this section inequitable;
``(D) for each of the 3 most recent fiscal years
for which the institution submits to the Secretary
disclosures on expenditures for purposes of section
132(i)(1)(AA), the sum of the expenditures on
instruction and student services of the institution is
equal to an amount greater than or equal to 50 percent
of the institution's revenues derived from tuition and
fees, and the institution complies with the
requirements of subsection (b)(2)(B).
``(2) Institutional requirements.--If an institution
continues to participate in a program under this title, and the
institution's appeal of the loss of eligibility is
unsuccessful, the institution shall be required to pay to the
Secretary an amount equal to the amount of interest, special
allowance, reinsurance, and any related payments made by the
Secretary (or which the Secretary is obligated to make) with
respect to covered loans to students attending, or planning to
attend, that institution during the pendency of such appeal.
During such appeal, the Secretary may permit the institution to
continue to participate in a program under this title.
``(d) Regulations.--The Secretary shall prescribe regulations
designed to prevent an institution from evading the application to that
institution of a on-time repayment rate determination under this
section through the use of such measures as branching, consolidation,
change of ownership or control, or any similar device.
``(e) Publication.--The Secretary shall publish not less often than
once every fiscal year (by September 30 of each year) a report--
``(1) for each category of institution, and for each
institution for which an on-time repayment rate is determined
under this section--
``(A) with respect to the preceding fiscal year--
``(i) the on-time repayment rate for such
institution;
``(ii) the on-time repayment rate for each
category of educational programs; and
``(iii) the number of students on which the
rates described in clauses (i) and (ii) are
based; and
``(B) for each of the 3 most recent fiscal years
for which the institution submits to the Secretary
disclosures on expenditures for purposes of section
132(i)(1)(AA)--
``(i) the amount of the institution's
expenditures on instruction;
``(ii) the amount of revenue derived from
tuition and fees by the institution; and
``(iii) the quotient of the amount
described in clause (i) divided by the amount
described in clause (ii), expressed as a
percentage; and
``(2) each on-time repayment rate used for calculating each
of the threshold rates under subsection (b)(1)(B) for the
period determined appropriate by the Secretary for such
threshold rate under such subsection.
``(f) Definitions.--In this section:
``(1) Category of educational programs.--The term `category
of educational programs' has the meaning given the term in
section 435(a)(9)(E).
``(2) Category of institution.--The term `category of
institution' includes--
``(A) four-year public institutions;
``(B) four-year private nonprofit institutions;
``(C) four-year proprietary institutions;
``(D) two-year public institutions;
``(E) two-year private nonprofit institutions;
``(F) two-year proprietary institutions;
``(G) less-than-two year public institutions;
``(H) less-than-two year private nonprofit
institutions; and
``(I) less-than-two year proprietary institutions.
``(3) Covered loan.--
``(A) In general.--The term `covered loan' means a
loan made, insured, or guaranteed under part B or D
(other than an excepted PLUS Loan or an excepted
consolidation Loan).
``(B) Excepted plus loan; excepted consolidation
loan.--The terms `excepted PLUS Loan' and `excepted
consolidation Loan' have the meanings given such terms
in section 493C(a).
``(4) Student services.--The term `student services' has
the meaning given the term in section 498E(a)(2).''.
PART H--PROGRAM INTEGRITY
Subpart 1--State Role
SEC. 4701. STATE RESPONSIBILITIES.
Section 495(a) of the Higher Education Act of 1965 (20 U.S.C.
1099a(a)) is amended--
(1) in paragraph (2)--
(A) by inserting ``and the accrediting agency or
association involved'' after ``Secretary'';
(B) by striking ``revokes a license'' and inserting
``takes a negative action, or revokes a license,''; and
(C) by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) evaluate each institution of higher education located
in the State or seeking authorization to operate in the State
to determine if such institution of higher education meets the
applicable standards of the State relating to--
``(A) facilities, equipment, and supplies; and
``(B) measures of program length and other factors
relevant for a student or graduate to receive a
professional license from the State;
``(5) certify to the Secretary that the State shall--
``(A) accept student complaints from--
``(i) all students attending an institution
of higher education located in the State; and
``(ii) all students who are residents of
the State and attend an institution of higher
education not located in the State through
correspondence or distance education; and
``(B) report to the Secretary and accrediting
bodies--
``(i) relevant student complaints received
by the State, including multiple student
complaints that present consistent allegations
with respect to an institution of higher
education in the State; and
``(ii) such other complaints the Secretary
determines necessary; and
``(6) establish policies and procedures to anticipate and
respond to the closure of an institution of higher education,
which shall include--
``(A) the maintenance of sufficient cash reserves
(or an equivalent alternative) in accordance with
regulations issued pursuant to section 498(c)(6)(A) to
ensure repayment of any required refunds;
``(B) a plan to address ensuring custodial record-
keeping of institutional records and student
transcripts in the case of such a closure;
``(C) the maintenance of contact information
adequate to ensure communication directly between the
State and each student in the case of such a closure;
and
``(D) in the case of an institution of higher
education located in the State, to develop a process to
identify when a campus of such institution of higher
education closes in any State.''.
Subpart 2--Accrediting Agency Recognition
SEC. 4711. ACCREDITING AGENCY RECOGNITION OF ELIGIBLE JOB TRAINING
PROGRAMS.
Section 496(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' after the
semicolon; and
(2) by adding at the end the following:
``(C) if such agency or association has or seeks to
include within its scope of recognition the evaluation
of the quality of institutions of higher education
participating in the job training Federal Pell Grant
program under section 401(k), such agency or
association shall, in addition to meeting the other
requirements of this subpart, demonstrate to the
Secretary that, with respect to such eligible job
training program--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
provide an eligible job training program; and
``(ii) the agency or association requires a
demonstration that the program--
``(I) has identified each
recognized postsecondary credential
offered and the corresponding industry
or sector partnership that actively
recognizes each credential in the State
or local area in which the job training
program is provided; and
``(II) provides the academic
content and amount of instructional
time that is sufficient to--
``(aa) meet the hiring
requirements of potential
employers; and
``(bb) satisfy any
applicable educational
prerequisite requirement for
professional license or
certification, so that a
student who completes 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; and''.
SEC. 4712. ACCREDITING AGENCY RECOGNITION OF INSTITUTIONS ENROLLING
INCARCERATED INDIVIDUALS.
Section 496(a)(4) of the Higher Education Act of 1965 (20 U.S.C.
1099b(a)(4)) is further amended by adding at the end the following:
``(D) if such agency or association accredits or
seeks to accredit institutions of higher education that
seek to award Federal Pell Grants under section 401(n)
to incarcerated individuals for a course of study at
such institution, such agency or association shall, in
addition to meeting the other requirements of this
subpart, demonstrate to the Secretary that--
``(i) the agency or association's standards
include a process for determining if the
institution has the capability to effectively
offer such a course of study to incarcerated
individuals; and
``(ii) the agency or association requires a
demonstration that--
``(I) such course of study is
taught by faculty with experience and
credentials comparable to the
experience and credentials of faculty
who teach courses of study available to
non-incarcerated students enrolled at
the institution;
``(II) academic credits earned by
incarcerated individuals for completion
of a course of study are treated by the
institution as the equivalent to
credits earned by non-incarcerated
students for an equivalent course;
``(III) the institution provides
sufficient educational content and
resources to students enrolled in such
a course of study that are, to the
extent practicable, consistent with the
educational content and resources
available to non-incarcerated students;
and
``(IV) the institution has the
capacity, staffing, and expertise to
provide incarcerated individuals with
the support and advising services
necessary to select and successfully
participate in such a course of study
and, to the extent practicable, with
support upon reentry (including career
and academic advising);''.
SEC. 4713. REQUIREMENTS FOR ACCREDITING AGENCY RECOGNITION.
(a) Working Group; Rulemaking.--
(1) Working group.--
(A) In general.--Not later than 1 year after the
date of enactment of the Act, the Secretary of
Education shall establish a working group comprised of
individuals specified in subparagraph (B), to establish
a common glossary of measures (and a definition for
each such measure)--
(i) that, for purposes of section
496(a)(5)(A) of the Higher Education Act of
1965 (20 U.S.C. 1099b(a)(5)(A))--
(I) accrediting agencies or
associations may use to assess each of
the outcomes described in subparagraph
(C);
(II) shall not restrict accrediting
agencies or associations from
establishing, in accordance with such
section 496(a)(5)(A), other measures to
assess such outcomes;
(III) shall not include performance
benchmarks or other thresholds with
respect to such measures; and
(IV) provides accrediting agencies
or associations described in
subparagraphs (A)(i) and (C)(ii) of
section 496(a)(2) (20 U.S.C.
1099b(a)(2)) with enough flexibility
for adequate assessment of such
outcomes; and
(ii) that may include measures (and
definitions for such measures) set forth under
the Integrated Postsecondary Education Data
Survey, the postsecondary data system
established under section 132(l), or a
successor system;
(iii) to which future working groups which
meet the requirements of this paragraph may add
additional measures; and
(iv) that the Secretary of Education shall
not have the authority to approve.
(B) Composition.--The working group established
under subparagraph (A) shall be of sufficient size to
ensure that a full range of relevant accrediting
agencies and institutions are represented on the panel
and shall include, at a minimum, the following members:
(i) Representatives of national, regional,
and specialized accrediting agencies and
associations that shall be nominated for
inclusion on the panel by such representatives.
(ii) Representatives of diverse
postsecondary institutions, which shall include
representation between 2-year and 4-year
institutions of higher education, and from
public, nonprofit, and proprietary institutions
of higher education, including minority-serving
institutions.
(iii) The Commissioner of the National
Center for Education Statistics or the
Commissioner's representative.
(iv) Student advocate representatives
familiar with the accreditation process.
(C) Outcomes.--The outcomes described in this
subparagraph are as follows:
(i) Completion (which may include measures
such as graduation rates and rates of
transfer).
(ii) Progress toward completion (which may
include measures such as retention rates and
credit accumulation).
(iii) Workforce participation (which may
include measures such as rates of licensure and
job placement).
(2) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Education shall
initiate a negotiated rule-making--
(A) to develop procedures for identifying the
representative member institutions an accrediting
agency or association shall use to demonstrate to the
Secretary, for purposes of the Secretary's review and
evaluation of the performance of such agency or
association under section 496(n)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1099b(n)(1)), as
amended by this section, that such accrediting agency
or association--
(i) consistently applies and enforces
standards; and
(ii) effectively evaluates the quality of
education or training offered by the
institutions of higher education accredited by
such agency or association; and
(B) for purposes of section 496 of the Higher
Education Act of 1965 (20 U.S.C. 1099b), as amended by
this section, to--
(i) establish definitions for the terms
related to sanctions, adverse actions, and any
other action that an accrediting agency or
association may take with respect to an
institution of higher education under such
section (including monitoring, notice, warning,
probation, show cause, denial, withdrawal,
suspension, revocation, accreditation, and
preaccreditation); and
(ii) in a case in which any action defined
in clause (i) is taken by an accrediting agency
or association with respect to an institution
of higher education, establish notice and
disclosure requirements for such agency or
association and institution of higher education
with respect to the public (including
students), as long as such requirements are
consistent with the requirements of subsections
(a)(7) and (c)(7) of section 496 of the Higher
Education Act of 1965 (20 U.S.C. 1099b).
(b) Amendments.--Section 496 of the Higher Education Act of 1965
(20 U.S.C. 1099b) is further amended--
(1) in subsection (a)--
(A) in paragraph (3)(A), by inserting before the
semicolon at the end the following: ``, and any
institution described in clauses (i) through (v) of
subsection (b)(1)(B)'';
(B) in paragraph (5), by striking subparagraphs (A)
through (J) and inserting the following:
``(A) success with respect to student achievement
in relation to the institution's mission (except that
the agencies and associations described in paragraph
(2)(A)(ii) shall not be subject to this subparagraph),
which--
``(i) shall be assessed using at least 1
measure selected by the agency or association
from the glossary of measures established and
defined under section 4713(a)(1) of the College
Affordability Act, or established by the agency
or association, for each of the following
outcomes--
``(I) completion;
``(II) progress toward completion;
and
``(III) workforce participation;
``(ii) may be assessed using different
measures selected or established under clause
(i) for different institutions;
``(iii) for each measure selected or
established under clause (i), shall be assessed
using a single performance benchmark
established by the agency or association,
except that an accrediting agency or
association may establish a different
performance benchmark for such a measure for
each category of educational programs (as
defined in section 435(a)(9)(E)); and
``(iv) in the case of an institution
defined in section 101(a), may include
consideration of--
``(I) the historical significance
of the institution; and
``(II) whether the institution is
one of the only physical locations at
which postsecondary education is
provided in the geographic area;
``(B) student achievement outcomes, disaggregated
by the elements required in the postsecondary student
data system under subclauses (I) through (X) of section
132(l)(2)(C)(ii) to facilitate institutional
improvement and yield statistically reliable
information that does not reveal personally
identifiable information about an individual student;
``(C) credentials, including consideration of the
non-monetary value accruing to students pursuing such
credentials;
``(D) curricula, including--
``(i) other than for the agencies and
associations described in paragraph (2)(A)(ii),
program length;
``(ii) course sequencing; and
``(iii) objectives related to
credentialing;
``(E) faculty;
``(F) student support services;
``(G) recruiting and admissions practices, academic
calendars, catalogues, publications, and grading; and
``(H) fiscal and administrative capacity (which
shall include the institution's governance) as
appropriate to the specified scale of operations;'';
(C) by redesignating paragraphs (6) through (8) as
paragraphs (7) through (9), respectively; and
(D) by inserting after paragraph (5) the following:
``(6) such agency or association shall make available on a
publicly accessible website, up-to-date information on--
``(A) the institutions that are subject to the
jurisdiction of such agency or association;
``(B) the measures used to assess each of the
outcomes described in subclauses (I) through (III) of
paragraph (5)(A)(i);
``(C) the performance benchmark established for
each measure selected by the agency or association
under paragraph (5)(A), the rationale for the
establishment of such performance benchmark, and how
such benchmarks are factored into the accreditation
process;
``(D) the process such agency or association
follows when an institution subject to the jurisdiction
of such agency or association does not meet an
accreditation standard under section 496(a)(5); and
``(E) any sanction or adverse action taken with
respect to an institution and the reason for such
sanction or adverse action;'';
(E) in paragraph (8), as so redesignated, by
striking ``30 days'' and inserting ``10 days'';
(F) by amending paragraph (9), as so redesignated,
to read as follows:
``(9) such agency or association shall--
``(A) make available on its public website, and to
the Secretary, and the State licensing or authorizing
agency, a summary (including the decision and rationale
for such decision) of any review resulting in a final
accrediting decision involving denial, termination, or
suspension of accreditation, together with the comments
of the affected institution; and
``(B) ensure that each institution that is the
subject of a final accrediting decision described in
subparagraph (A) makes available on its public website
the summary described in subparagraph (A) (including
the decision and rationale for such decision) with
respect to such institution and the institution's
comments; and''.
(G) by adding at the end the following:
``(10) such agency or association shall--
``(A) ensure that any substantive change to the
educational mission or a program of an institution
after the agency or association has accredited or
preaccredited the institution does not adversely affect
the capacity of the institution to continue to meet the
standards of such agency or association;
``(B) require such an institution to obtain the
approval of such agency or association with respect to
such substantive change before the agency or
association includes the change in the scope of
accreditation or preaccreditation previously granted to
the institution by such agency or association; and
``(C) make public and report to the Secretary any
decision made under subparagraph (B) and the rationale
of such decision.'';
(2) by striking subsection (b) and inserting the following:
``(b) Separate and Independent Defined.--For the purpose of
subsection (a)(3), the term `separate and independent' means that--
``(1) the members of the postsecondary education governing
body and any other decision-making body of the accrediting
agency or association are not--
``(A) elected or selected by the board or chief
executive officer of any related, associated, or
affiliated trade association or membership
organization; or
``(B) individuals (such as executives and owners of
an institution) who exercise substantial control over
an institution--
``(i) that is required to provide the
Secretary with satisfactory evidence of its
financial responsibility in accordance with
paragraph (3)(A) of section 498(c) because the
institution fails to meet criteria under
paragraphs (1) and (2) of such section, except
that this clause shall not be applicable to an
institution until the Secretary has completed
the rulemaking required under section 4721(b)
of the College Affordability Act;
``(ii) that is on a reimbursement payment
method pursuant to section 487(c)(1)(B);
``(iii) against which the Secretary is
initiating or carrying out an emergency action
in accordance with section 487(c)(1)(G);
``(iv) against which the Secretary is
limiting, suspending, or terminating the
institution's participation in any program
under this title in accordance with section
487(c)(1)(F); or
``(v) that is on probation or show cause,
or that is not accredited by an accrediting
agency or association;
``(2) among the membership of the board of the accrediting
agency or association there shall be 1 public member for each 4
members of the board, with a minimum of 1 such public member,
and guidelines are established for such members to avoid
conflicts of interest, including guidelines ensuring that each
such public member--
``(A) is selected to serve on such board in the
same manner that other board members are selected for
such service;
``(B) has not served on such board as a non-public
member in the preceding 10 years;
``(C) is not (or has not been in the preceding 5-
year period) a full-time employee of, or a member of
the governing board, an owner, or shareholder of, or
consultant to, an institution or program that--
``(i) is accredited or preaccredited by the
agency or association; or
``(ii) has applied for accreditation or
preaccreditation from such agency or
association;
``(D) is not a member of any trade association or
membership organization related to, affiliated with, or
associated with the agency or association or an
institution that is accredited by such agency or
association; and
``(E) is not a spouse, parent, child, or sibling of
an individual identified in subparagraph (C) or (D);
``(3) dues to the accrediting agency or association are
paid separately from any dues paid to any related, associated,
or affiliated trade association or membership organization; and
``(4) the budget of the accrediting agency or association
is developed and determined by the accrediting agency or
association without review or resort to consultation with any
other entity or organization.'';
(3) in subsection (c)--
(A) in paragraph (1), strike ``those regarding
distance education'' and inserting ``regarding distance
education and the history and mission of the
institutions reviewed'';
(B) in paragraph (2)--
(i) by inserting ``and decline'' after
``the growth''; and
(ii) by inserting before the semicolon at
the end the following: ``or decline''; and
(C) by amending paragraph (3) to read as follows:
``(3) requires an institution to submit for approval to the
accrediting agency or association a teach-out plan (as defined
in section 487(f)(2)) and which shall meet the requirements of
such agency or association) upon the occurrence of any of the
following events:
``(A) the Secretary notifies the agency or
association that the Secretary has determined under
section 498(c) that the institution does not have the
financial responsibility required by this title, except
that this subparagraph shall not be applicable to an
institution until the Secretary has completed the
rulemaking required under section 4721(b) of the
College Affordability Act;
``(B) the Secretary notifies the agency of a
determination by the institution's independent auditor
expressing doubt with the institution's ability to
operate as a going concern or indicating an adverse
opinion or finding of material weakness related to
financial stability, except that this subparagraph
shall not apply with respect to a public institution;
``(C) the agency or association acts to place an
institution on probation, show cause, or equivalent
status; or
``(D) the Secretary notifies the agency that the
institution is participating in title IV under a
provisional program participation agreement;'';
(D) by amending paragraph (6) to read as follows:
``(6) requires that teach-out agreements among institutions
are subject to approval by the accrediting agency or
association consistent with standards promulgated by such
agency or association, and that such an agreement shall be
required and subject to such approval upon the occurrence of
any of the following events:
``(A) the Secretary notifies the agency or
association that--
``(i) the Secretary has placed the
institution on the reimbursement payment method
pursuant to section 487(c)(1)(B); and
``(ii) the institution fails to meet
criteria prescribed by the Secretary regarding
ratios that demonstrate financial
responsibility as described in section
498(c)(2);
``(B) the Secretary notifies the accrediting agency
or association that the Secretary has initiated--
``(i) an emergency action against the
institution pursuant to section 487(c)(1)(G);
or
``(ii) an action under section 487(c)(1)(F)
to limit, suspend, or terminate the
participation of the institution in any program
under this title;
``(C) the accrediting agency or association acts to
withdraw, terminate, or suspend the accreditation of
the institution;
``(D) the institution notifies the accrediting
agency or association that the institution intends to
cease operations;
``(E) the institution notifies the accrediting
agency or association that the institution intends to
close a location that provides one hundred percent of
at least one program; or
``(F) pursuant to section 495, the State notifies
the accrediting agency or association that an
institution's license or legal authorization to operate
within the State has been or will be revoked;'';
(E) in paragraph (7), by inserting ``not later than
10 days after taking an action described in this
paragraph,'' before ``makes available'';
(F) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(G) by adding at the end the following:
``(10) responds to complaints received with respect to an
institution during the period which the accrediting agency or
association accredits such institution not later than 30 days
after receiving the complaint (including complaints shared with
the agency or association by the Secretary or a State agency
under section 495), monitors and assesses an institution's
record of student complaints during such period, and submits
the complaints relevant to the Secretary and to the State
agency involved.'';
(4) in subsection (m), by adding at the end the following:
``Nothing in this section shall prohibit the Secretary from
implementing a process of recognition under this section which
differs for the accrediting agencies or associations described
in subsection (a)(2)(A)(ii) for the purposes of participation
in programs (other than the programs under this Act)
administered by the Department or other Federal agencies if
such differentiation would be beneficial to taxpayers and the
performance of such agencies or associations.''; and
(5) in subsection (n)--
(A) in paragraph (1)--
(i) in the second sentence of the matter
preceding subparagraph (A), by inserting before
the period the following: ``, which shall
include information on at least one institution
of higher education representing each of the
sectors subject to the jurisdiction of the
accrediting agency or association (including
public, nonprofit, and proprietary, as
applicable) of the representative member
institutions''; and
(ii) in subparagraph (A), by inserting
before the semicolon the following: ``, and for
purposes of facilitating such third-party
information, the Secretary shall make publicly
available the application of the accrediting
agency or association seeking recognition by
the Secretary upon publishing in the Federal
Register the solicitation for such third-party
information''; and
(B) by adding at the end the following:
``(5) In the case in which an official of the Department (other
than the Secretary) makes a decision on the recognition of an
accrediting agency or association that differs from the recommendation
made by the National Advisory Committee on Institutional Quality and
Integrity on such recognition, without regard to whether any appeals
process with respect to such decision has been concluded, the official
shall submit to the authorizing committees the rationale and evidence
for such decision.
``(6) During the first 90-day period of each fiscal year, the
Secretary shall submit to the authorizing committees the following
information with respect to the preceding fiscal year--
``(A) information about each accrediting agency that the
Secretary reviews and evaluates under this subsection;
``(B) the recommendation of the National Advisory Committee
on Institutional Quality and Integrity about whether to
recognize such accrediting agency or association and the
rationale for such recommendation;
``(C) in the case in which an official of the Department
(other than the Secretary) makes a decision on the recognition
of such accrediting agency or association (without regard to
whether any appeals process with respect to such decision has
been concluded), such decision and the rationale for such
decision; and
``(D) the final decision of the Secretary on the
recognition of such accrediting agency or association and the
rationale for such final decision.''; and
(6) by adding at the end the following:
``(r) Evaluation of Quality and Achievement Measures.--
``(1) In general.--The Secretary shall direct the National
Advisory Committee on Institutional Quality and Integrity to--
``(A) regularly evaluate the effectiveness of the
measures selected and the performance benchmarks
established by accrediting agencies and associations
under subsection (a)(5)(A); and
``(B) compare similarly situated accrediting
agencies or associations, whose similarity may not be
determined solely by the educational sector to which
the institutions being evaluated belong, based on the
measures and performance benchmarks used in subsection
(a)(5)(A) by such agencies and associations.
``(2) Revising performance benchmarks.--The Secretary may
require an accrediting agency or association to review and
revise a performance benchmark established by such agency or
association if the Secretary determines that such performance
benchmark is too low for the measure for which such benchmark
is established.
``(3) Rule of construction.--Nothing in this subsection
shall be construed to give the Secretary that authority to
require the use of a specific performance benchmark by an
accrediting agency or association for purposes of subsection
(a)(5)(A).
``(s) Report on Recognized Institutional Accreditors Required.--Not
later than 180 days after the date of the enactment of the College
Affordability Act, and annually thereafter, the Secretary shall publish
a report that includes with respect to each accrediting agency or
association recognized under this section by the Secretary, the
following:
``(1) The number of institutions of higher education
evaluated by such accrediting agency or association in each
educational sector.
``(2) The number of locations of such institutions of
higher education.
``(3) The number of students enrolled at such institutions
of higher education.
``(4) The number of students receiving a Federal Pell Grant
at such institutions of higher education in the preceding year.
``(5) The total amount of Federal student aid received by
students enrolled at such institutions of higher education in
the preceding year.
``(6) The graduation rates of such institutions of higher
education.
``(7) The median earnings of students 10 years after
enrollment.
``(8) The number of institutions placed on a reimbursement
payment method pursuant to section 487(c)(1)(B).
``(t) Rule of Construction.--Nothing in this section shall be
construed to prohibit an institution of higher education from seeking
accreditation, in a manner consistent with the requirements of
subsections (h), (i), and (l)(2), from an accrediting agency or
association that is accrediting a branch campus of such institution in
the State in which the institution is located.''.
Subpart 3--Program Review and Data
SEC. 4721. ELIGIBILITY AND CERTIFICATION PROCEDURES.
(a) Financial Responsibility Standards.--Section 498 of the Higher
Education Act of 1965 (20 U.S.C. 1099c) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) includes an addendum under which an institution of
higher education shall report a change in circumstances
described in subparagraph (A)(ii) or clauses (ii) or (iii) of
subparagraph (B) of subsection (c)(8), not later than 30 days
after the date on which such change in circumstance occurs.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'' at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and'' ; and
(iii) by adding at the end the following:
``(D) the institution is not an institution described in
paragraph (7)(B).'';
(B) in paragraph (3)--
(i) by redesignating subparagraphs (C) and
(D) as subparagraphs (D) and (E), respectively;
and
(ii) by inserting after subparagraph (B)
the following:
``(C) such institution has a rating of investment grade or
above from a recognized credit rating agency;''; and
(C) by adding at the end the following:
``(7) Prohibited financial responsibility determinations.--
``(A) In general.--The Secretary may not determine
that an institution has the financial responsibility
required by this title if such institution is an
institution described in subparagraph (B).
``(B) Specified institution.--An institution
described in this subparagraph is--
``(i) a private non-profit institution of
higher education or a proprietary institution
of higher education (as defined in section
102(b)) that--
``(I) is required by the
accrediting agency of such institution
to submit a teach-out plan under
section 487(f);
``(II) with respect to the
preceding 2 fiscal years, has an
adjusted cohort default rate (as
determined under section 435(m)) of 20
percent or greater, unless the
institution files a challenge, request
for adjustment, or appeal under section
435(a) with respect to such rates for
one or both of such fiscal years; or
``(III) is subject to a number of
pending or approved borrower relief
claims under section 493H from
borrowers that equals or exceeds, with
respect to the prior academic year,
half of the enrollment of full-time
equivalent students at such
institution;
``(ii) a proprietary institution of higher
education (as defined in section 102(b)) that--
``(I) is publicly traded; and
``(II)(aa) is sanctioned by the
Securities and Exchange Commission;
``(bb) fails to file a
required annual or quarterly
report with the Securities and
Exchange Commission; or
``(cc) the stock of which
is delisted; or
``(iii) a proprietary institution of higher
education (as defined in section 102(b))--
``(I) that derived, for any award
year beginning on or after July 1,
2022, more than 85 percent of the
revenue of the institution from Federal
education assistance funds; or
``(II) fails to meet criteria
prescribed by the Secretary regarding
ratios that demonstrate financial
responsibility, and has any withdrawal
of owner's equity from the institution
by any means, including by declaring a
dividend.
``(8) Change in circumstances.--
``(A) Required redetermination.--
``(i) In general.--In the case of a private
non-profit institution of higher education or a
proprietary institution of higher education (as
defined in section 102(b)) that submits an
addendum described in clause (ii) or (iii) to
the Secretary, the Secretary shall, not later
than 30 days after such addendum is submitted,
redetermine whether such institution meets the
requirements of this subsection.
``(ii) Specified circumstances.--An
institution of higher education shall submit an
addendum under subsection (b)(6) if, with
respect to such institution of higher
education, one of the following occurs:
``(I) The institution is required
to pay any material debt, as determined
by the Secretary, or incur any material
liability, as determined by the
Secretary, arising from a final
judgment in a judicial proceeding, an
administrative proceeding or
determination, or settlement.
``(II) The institution is involved
in a lawsuit that is brought on or
after the date of the enactment of
College Affordability Act by a Federal
or State authority for financial relief
on claims related to the making of
loans under part D of title IV.
``(III) Such other circumstance the
Secretary determines necessary.
``(iii) Gainful employment determination by
secretary.--An institution of higher education
shall submit an addendum under subsection
(b)(6) if the Secretary makes a determination
that such institution has programs that could
become ineligible under gainful employment (as
defined in section 104) in the next award year.
``(B) Permissible redetermination.--
``(i) Redetermination.--In the case of an
institution that submits an addendum under
clause (ii), the Secretary may, not later than
30 days after such addendum is submitted,
redetermine whether such institution meets the
requirements of this subsection.
``(ii) Specified circumstances.--The
Secretary shall require an institution to
submit an addendum under subsection (b)(6) if
the Secretary makes a determination--
``(I) that the Secretary will
likely receive a significant number of
borrower relief claims under section
493H as the result of a lawsuit,
settlement, or judgement against the
institution; or
``(II) that the institution
experienced one of the following:
``(aa) A significant
fluctuation in enrollments
between consecutive award years
or a period of award years.
``(bb) A citation by a
State licensing or authorizing
agency for failing State or
agency requirements.
``(cc) High annual drop out
rates.
``(dd) Pending borrower
relief claims under section
493H.
``(C) Financial circumstances materials.--If the
institution's financial circumstances materially change
after the institution submits an addendum under
subsection (b)(6), such institution shall submit to the
Secretary such certified financial statements and other
information as the Secretary may require.
``(9) Transparency.--Beginning not later than 90 days after
the date of the enactment of this paragraph, and not less than
once every 120 days thereafter, the Secretary shall make
publicly available on the website of the Department the
following:
``(A) The ratios used to demonstrate financial
responsibility under this section.
``(B) Each reports made to the Secretary under this
section.
``(C) Each audited financial statement submitted to
the Secretary by an institution of higher education
under this section.
``(D) Each certified financial statement submitted
to the Secretary under paragraph (8)(C).''; and
(3) in subsection (i)(2)--
(A) in subparagraph (E), by striking ``or'' at the
end;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(G) the transfer of ownership as a result of a court-
ordered receivership.''.
(b) Rulemaking.--Not 1 year after the date of enactment of this
Act, the Secretary of Education shall carry out a negotiated rulemaking
to update the criteria used under section 498(c)(2) of the Higher
Education Act of 1965 (20 U.S.C. 1099c) to make a determination of the
ability of an institution of higher education to meet the standards
under such section in accordance with the amendments made by this
section.
(c) Audits.--Not later than 2 years after the criteria used under
section 498(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1099c)
is updated under subsection (b), and every 2 years thereafter, the
Inspector General of Department of Education shall conduct audits of
such criteria to ensure that the criteria meets generally accepted
accounting principles.
SEC. 4722. PROGRAM REVIEW AND DATA.
Section 498A of the Higher Education Act of 1965 (20 U.S.C. 1099c-
1) is amended--
(1) in subsection (a)(2), by striking subparagraph (A) and
inserting the following:
``(A) institutions with an adjusted cohort default
rate for loans under part D in excess of 18 percent or
which places such institutions in the highest 25
percent of such institutions;'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Undercover Operations.--In carrying out paragraphs (1) and
(2) of subsection (a) and any other relevant provisions of this
subpart, the Secretary--
``(1) shall conduct undercover and secret shopper
operations for the purpose of encouraging the ethical treatment
of students and prospective students and detecting fraud and
abuse in the Federal student aid programs, including--
``(A) violations described in section 487(c)(3);
``(B) violations of section 487(a)(20); and
``(C) violations by any entity with which the
institution has contracted for student recruitment or
admission activity;
``(2) shall develop written guidelines for the conduct of
activities under paragraph (1) in accordance with commonly-
accepted Federal practices for undercover operations and in
consultation with other relevant agencies, including the
Department of Justice, Federal Trade Commission, Consumer
Financial Protection Bureau, and the Department of Education's
Office of Inspector General; and
``(3) shall provide an annual report on the results of
activities under paragraph (1) to the authorizing committees,
and thereafter shall make the report available to the
public.''.
Subpart 4--Strengthening Institutional Quality
SEC. 4731. STRENGTHENING INSTITUTIONAL QUALITY.
Part H of title IV of the Higher Education Act of 1965 (20 U.S.C.
1099a et seq.) is amended by adding at the end the following:
``Subpart 4--Strengthening Institutional Quality
``SEC. 498C. ASSISTANCE TO PROGRESS PERIOD INSTITUTIONS.
``(a) In General.--The Secretary shall provide grants and technical
assistance to covered progress period institutions in accordance with
this section.
``(b) Authorized Activities.--Grants and assistance provided under
this section shall be used to improve student achievement (as described
in section 496(a)(5)(A)) at covered progress period institutions.
``(c) Duration.--Grants and assistance may be provided under this
section for a period of not less than one year and not more than three
years.
``(d) Conditions.--
``(1) Benchmarks.--
``(A) In general.--To continue to receive support
under this section after the first year in which such
support is provided, an institution must show progress,
as determined by the Secretary, toward meeting the
standards for student achievement established by the
relevant accrediting agency or association pursuant to
section 496(a)(5)(A).
``(B) Considerations.--In determining the progress
of an institution under subparagraph (A), the Secretary
may take into consideration extenuating circumstances
that may have contributed to the poor performance of
the institution in the first year of the review period.
``(2) Deadline for compliance.--An institution that does
not achieve an adjusted cohort default rate of less than 10
percent after receiving support under this section for three
consecutive years shall be ineligible to receive further
support under this section.
``(3) Prohibition.--An institution shall be ineligible to
receive further support under this section if, while the
institution was receiving such support, the total enrollment of
low-income students (as such term is defined in section
419N(b)(7)) at the institution decreased by 10 percent or more.
``(e) Covered Progress Period Institution.--In this section, the
term `covered progress period institution' means--
``(1) a public institution of higher education that is
determined to be in progress period status;
``(2) a part B institution (as defined in section 322) that
is determined to be in progress period status; or
``(3) a private, nonprofit institution of higher
education--
``(A) that is determined to be in progress period
status; and
``(B) at which not less than 45 percent of the
total student enrollment consists of low-income
students (as such term is defined in section
419N(b)(7)).
``(f) Funding.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, such funds as the Secretary, using
the formula described in paragraph (2), determines necessary to
meet the needs of all eligible institutions under this
subsection, except that such funds shall not exceed
$100,000,000 for fiscal year 2021 and each succeeding fiscal
year. Such funds shall be available until expended.
``(2) Formula.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall establish
through negotiated rulemaking a formula to determine the--
``(A) proportional amount of institutional need
under this section; and
``(B) total amount of institutional need under this
section.
``(3) Special rule.--Such formula must at minimum take into
consideration the severity of the problem, size of the
institution, institutional resources, historical underfunding,
and the number of low-income students (as such term is defined
in section 419N(b)(7)) being served.
``SEC. 498D. RESTRICTIONS ON CERTAIN EXPENDITURES.
``(a) Establishing Definitions.--
``(1) In general.--For purposes of each survey conducted
under the Integrated Postsecondary Education Data System after
the date of enactment of the College Affordability Act and this
Act, the Secretary shall define the following terms:
``(A) Marketing.
``(B) Recruitment.
``(C) Advertising.
``(D) Lobbying.
``(E) Student services.
``(2) Exclusion of certain activities.--In defining the
term `student services' under paragraph (1)(E), the Secretary
shall ensure that such term does not include marketing,
recruitment, advertising, or lobbying.
``(b) Limitation on Expenditures.--In a case in which the Secretary
determines with respect to an institution of higher education
participating in any program under this title that, for any of the 3
most recent institutional fiscal years after the promulgation of
regulations by the Secretary defining the terms in subsection (a)(1)
for which the institution submits to the Secretary disclosures on the
expenditures of the institution on instruction for purposes of section
132(i)(1)(AA), the amount expended by such institution on instruction
for such fiscal year is less than an amount equal to \1/3\ of
institution's revenues derived from tuition and fees--
``(1) for any institutional fiscal year after such
determination is made, the sum of the amount expended by the
institution on marketing, recruitment, advertising, and
lobbying may not exceed the amount of the institution's
revenues derived from sources other than Federal education
assistance funds; and
``(2) in a case in which the institution fails to meet the
requirements of paragraph (1) for 2 consecutive institutional
fiscal years, the institution shall be ineligible to
participate in the programs authorized by this title for a
period of not less than two institutional fiscal years.
``(c) Publication on Website.--The Secretary shall, on an annual
basis, publicly disclose on the Department's website, information with
respect to any institution of higher education that is subject to the
requirements of subsection (b)(1), including--
``(1) the quotient of the amount that the institution
expends on instruction divided by the institution's revenues
derived from tuition and fees, expressed as a percentage;
``(2) the sum of such institution's expenditures on
advertising, recruiting, marketing, and lobbying;
``(3) the amount of such institution's revenues received
from sources outside of Federal education assistance funds; and
``(4) the difference between paragraphs (2) and (3).
``SEC. 498E. INSTITUTIONAL DISCLOSURE SYSTEM.
``(a) Departmental Disclosure.--The Secretary shall make available,
on a publicly accessible website of the Department of Education, a list
of institutions of higher education that--
``(1) have failed to meet the requirements for
accreditation by an agency or association recognized by the
Secretary pursuant to section 496(a); or
``(2) have failed to meet the requirements for
participation in programs under this title.
``(b) Institutional Disclosure.--
``(1) In general.--To be eligible to participate in
programs under this title, an institution of higher education
shall, using the template developed by the Secretary under
subsection (c), disclose the accreditation status of the
institution on a publicly accessible website of the
institution.
``(2) Updates.--Any change in the accreditation status of
an institution of higher education shall be disclosed in
accordance with paragraph (1) not later than 30 days after such
change occurs.
``(c) Template.--The Secretary shall develop a template that shall
be used by institutions of higher education to make the disclosures
required under subsection (b). The Secretary shall ensure that the
template--
``(1) clearly identifies the information to be disclosed;
and
``(2) is in a format that is easily understood by
consumers.''.
PART I--AMERICA'S COLLEGE PROMISE FEDERAL-STATE PARTNERSHIP
SEC. 4801. PROGRAM AUTHORIZED.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:
``PART J--AMERICA'S COLLEGE PROMISE FEDERAL-STATE PARTNERSHIP
``Subpart 1--State and Indian Tribe Grants for Community Colleges
``SEC. 499A. IN GENERAL.
``From amounts appropriated under section 499G for any fiscal year,
the Secretary shall award grants to eligible States and Indian tribes
to pay the Federal share of expenditures needed to carry out the
activities and services described in section 499E.
``SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE.
``(a) Federal Share.--
``(1) Formula.--Subject to paragraph (2), the Federal share
of a grant under this subpart shall be based on a formula,
determined by the Secretary, that--
``(A) accounts for the State or Indian tribe's
share of eligible students;
``(B) accounts for the ratio between a State or
Indian tribe's funding per full-time equivalent (FTE)
student at public colleges and universities and the
average net price at State public four-year colleges
and universities, in such a way as to reward States
that keep net prices for students low while maintaining
their investment in higher education; and
``(C) provides, for each eligible student in the
State or Indian tribe, a per-student amount that is at
least 75 percent of--
``(i) for the 2021-2022 award year, the
average resident community college tuition and
fees per student in all States for the most
recent year for which data are available; and
``(ii) for each subsequent award year, the
amount determined under this subparagraph for
the preceding award year, increased by the
lesser of--
``(I) a percentage equal to the
estimated percentage increase in the
Consumer Price Index (as determined by
the Secretary) since the date of such
determination; or
``(II) 3 percent.
``(2) Exception for certain indian tribes.--In any case in
which not less than 75 percent of the students at the community
colleges operated or controlled by an Indian tribe are low-
income students, the amount of the Federal share for such
Indian tribe shall be not less than 95 percent of the total
amount needed to waive tuition and fees for all eligible
students enrolled in such community colleges.
``(b) State or Tribal Share.--
``(1) Formula.--
``(A) In general.--The State or tribal share of a
grant under this subpart for each fiscal year shall be
the amount needed to pay 25 percent of the average
community college resident tuition and fees per student
in all States in the 2021-2022 award year for all
eligible students in the State or Indian tribe,
respectively, for such fiscal year, except as provided
in subparagraph (B).
``(B) Exception for certain indian tribes.--In the
case of an Indian tribe described in subsection (a)(2),
the amount of such Indian tribe's tribal share shall
not exceed 5 percent of the total amount needed to
waive tuition and fees for all eligible students
enrolled in such community colleges.
``(2) Need-based aid.--A State or Indian tribe may include,
as part of the State or tribal share, any need-based financial
aid that--
``(A) is provided from State or tribal funds to an
eligible student; and
``(B) may be used by such student to pay costs of
attendance other than tuition and fees.
``(3) No in-kind contributions.--A State or Indian tribe
shall not include in-kind contributions for purposes of the
State or tribal share described in paragraph (1).
``(c) Determining Number of Eligible Students.--
``(1) In general.--The Secretary of Education shall develop
and implement a process for accurately estimating the number of
eligible students in a State or Indian tribe for purposes of
subsection (a) and (b).
``(2) Initial determination.--For the first year for which
grants are awarded under this subpart, the number of eligible
students in a State or Indian tribe shall be considered to be
equal to the number of eligible students that were in the State
or tribe for the preceding school year.
``(d) Adjustment of Grant Amount.--Not later than 180 days after
the date on which a State or Indian tribe receives a grant under this
subpart, the Secretary shall--
``(1) in consultation with the State or tribe concerned,
determine whether the actual number of eligible students in the
State or Tribe for the year covered by the grant is greater
than the estimated number of such students that was used to
determine the amount of the grant; and
``(2) if it is determined under paragraph (1) that the
actual number of eligible students in the State or Tribe is
higher than such estimate, issue a supplementary grant payment
to the State or tribe in an amount that ensures that the total
amount of the grant funds received by the State or tribe under
this subpart for the year covered by the grant accurately
reflects the higher number of eligible students.
``SEC. 499C. APPLICATIONS.
``(a) Submission.--In order to receive a grant under this subpart,
a State or tribe shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(b) Contents.--Each application under subsection (a) shall
include, at a minimum--
``(1) an estimate of the number of eligible students in the
State or Indian tribe and the cost of waiving community college
resident tuition and fees for all eligible students for each
fiscal year covered by the grant;
``(2) an assurance that all community colleges in the State
or under the jurisdiction of the Indian tribe, respectively,
will waive resident tuition and fees for eligible students in
accordance with section 499D(a);
``(3) a description of the promising and evidence-based
institutional reforms and innovative practices to improve
student outcomes, including transfer and completion rates, that
have been or will be adopted by the participating community
colleges, such as--
``(A) providing comprehensive academic and student
support services, including mentoring and advising,
especially for low-income, first-generation, and adult
students, and other students belonging to racial and
other groups that are underrepresented in higher
education;
``(B) the provision of direct support services such
as--
``(i) childcare, transportation, emergency
financial assistance, and mental health and
substance use disorder treatment;
``(ii) assistance in obtaining health
insurance coverage;
``(iii) assistance securing affordable
housing;
``(iv) efforts to address food insecurity
and campus hunger; and
``(v) efforts to facilitate student
participation in means-tested Federal benefit
programs (as defined in section 479(d));
``(C) providing accelerated learning opportunities,
such as dual or concurrent enrollment programs,
including early college high school programs;
``(D) strengthening and reforming remedial and
developmental education, especially for low-income,
first-generation, and adult students, and other
students belonging to racial and other groups that are
underrepresented in higher education, including through
the use of multiple measures (such as a student's
college entrance examination score, grade point
average, high school course list, or a placement
examination) to identify students in need of remedial
education; or
``(E) utilizing career pathways, including through
building capacity for career and technical education as
defined in section 3(5) of the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C. 2302(5))
and programs of study as defined in section 3(41) of
such Act (20 U.S.C. 2302(41)), or degree pathways;
``(4) a description of how the State or Indian tribe will
ensure that programs leading to a recognized postsecondary
credential meet the quality criteria established by the State
under section 123(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3153(a)) or other quality criteria
determined appropriate by the State or Indian tribe;
``(5) an assurance that all participating community
colleges in the State or under the authority of the Indian
tribe have entered into program participation agreements under
section 487;
``(6) an assurance that the State or Indian tribe will, to
the extent practicable, assist eligible students in obtaining
information about and accessing means-tested Federal benefit
programs (as defined in section 479(d)) for which such students
may be eligible;
``(7) an assurance that, for each year of the grant, the
State or Indian tribe will notify each eligible student of the
student's remaining eligibility for assistance under this
subpart; and
``(8) if the application is submitted by a State--
``(A) an assurance that the State will, to the
extent practicable, consider changes to State law that
will enable more community college students to be
eligible for means-tested Federal benefit programs (as
defined in section 479(d));
``(B) an assurance that the State will meet the
requirements of section 499D(b)(1) relating to the
alignment of secondary and postsecondary education; and
``(C) an assurance that the State will meet the
requirements of section 499D(b)(2) relating to the
improvement of transfer pathways between institutions
of higher education.
``SEC. 499D. PROGRAM REQUIREMENTS.
``(a) General Requirements for States and Indian Tribes.--As a
condition of receiving a grant under this subpart a State or Indian
tribe shall meet the following requirements:
``(1) For each year of the grant the total amount of
community college resident tuition and fees charged to an
eligible student in the State or Indian tribe shall be $0.
``(2) For each year of the grant no amount of financial
assistance for which an eligible student qualifies may be
applied to such tuition or fees.
``(b) State Requirements.--As a condition of receiving a grant
under this subpart a State shall meet the following requirements:
``(1) Alignment of k-12 and higher education.--
``(A) In general.--The State shall--
``(i) submit a plan to align the
requirements for receiving a regular high
school diploma from public high schools in the
State with the requirements for entering
credit-bearing coursework at participating
community colleges in such State; and
``(ii) not later than three years after the
date on which the State first receives a grant
under this subpart, certify to the Secretary
that such alignment has been achieved.
``(B) Failure to certify.-- If a State does not
provide the certification required under subparagraph
(A) by the date specified in such subparagraph, the
State shall submit to the Secretary, at such time and
in such manner as the Secretary may require--
``(i) a written explanation for the delay
in making the certification; and
``(ii) a plan that will enable the State to
make the certification by not later than 5
years after the date on which the State first
received a grant under this subpart.
``(2) Transfer pathways.--
``(A) In general.--The State shall--
``(i) submit a plan, developed in
collaboration with faculty from institutions of
higher education in the State, to improve
transfer pathways between institutions of
higher education in the State, including by
ensuring that associate degrees awarded by
public institutions in the State are fully
transferable to, and credited as, the first 2
years of related baccalaureate programs at
public institutions of higher education in such
State; and
``(ii) not later than 3 years after the
date on which the State first receives a grant
under this subpart, certify to the Secretary
that an associate degree in an academic major
in the arts or sciences that is awarded by a
public institution of higher education in the
State on or after the date that is not later
than 3 years after the date on which the State
first receives a grant under this subpart shall
be fully transferrable to, and credited as, the
first 2 years of a related baccalaureate
program at a public institution of higher
education in such State.
``(B) Failure to certify.-- If a State does not
provide the certification required under subparagraph
(A) by the date specified in such subparagraph, the
State shall submit to the Secretary, at such time and
in such manner as the Secretary may require--
``(i) a written explanation for the delay
in making the certification; and
``(ii) a plan that will enable the State to
make the certification by not later than 5
years after the date on which the State first
received a grant under this subpart.
``(3) Applicability.--The Secretary may not apply the
requirements under this subsection to an Indian tribe.
``SEC. 499E. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b), a State or
Indian tribe shall use a grant under this subpart only to provide funds
to participating community colleges to enable such community colleges
to waive resident tuition and fees for eligible students as required
under section 499D(a).
``(b) Additional Uses.--If a State or Indian tribe demonstrates to
the Secretary that it has grant funds remaining after meeting the
demand for activities described in subsection (a), the State or Indian
tribe may use those funds to carry out one or more of the following:
``(1) Enhancing the quality of public higher education to
improve student outcomes, including transfer and completion
rates, which may include investing in the academic workforce.
``(2) Expanding the scope and capacity of high-quality
academic and occupational skills training programs at community
colleges, which may include collaboration with one or more
industry or sector partnership (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3201)).
``(3) Improving postsecondary education readiness in the
State or Indian tribe, including through outreach and early
intervention.
``(4) Expanding access to dual or concurrent enrollment
programs, including early college high school programs.
``(5) Improving affordability at 4-year public institutions
of higher education.
``(c) Use of Funds for Administrative Purposes.--A State or Indian
tribe that receives a grant under this subpart may not use any funds
provided under this subpart for administrative purposes relating to the
grant under this subpart.
``(d) Maintenance of Effort.--A State or Indian tribe receiving a
grant under this subpart is entitled to receive its full allotment of
funds under this subpart for a fiscal year only if, for each year of
the grant, the State or Indian tribe provides--
``(1) financial support for public higher education at a
level equal to or exceeding the average amount provided per
full-time equivalent student for public institutions of higher
education for the three consecutive preceding fiscal years. In
making the calculation under this subsection, the State or
Indian tribe shall--
``(A) exclude capital expenses and research and
development costs; and
``(B) include need-based financial aid for students
who attend public institutions of higher education;
``(2) financial support for operational expenses for
public, four-year colleges and universities at a level equal to
or exceeding the average amount provided for the three
consecutive preceding State or Indian tribe fiscal years; and
``(3) financial support for need-based financial aid at a
level equal to or exceeding the average amount provided for the
three consecutive preceding State or Indian tribe fiscal years.
``(e) Annual Report.--A State or Indian tribe receiving a grant
under this subpart shall submit an annual report to the Secretary
describing the uses of grant funds under this subpart, the progress
made in fulfilling the requirements of the grant, and rates of
transfer, graduation, and attainment of recognized postsecondary
credentials at participating community colleges, including such rates
disaggregated by race, income, and age, and including any other
information as the Secretary may require.
``(f) Reporting by Secretary.--The Secretary annually shall--
``(1) compile and analyze the information described in
subsection (e); and
``(2) prepare and submit a report to the Committee on
Health, Education, Labor, and Pensions of the Senate and the
Committee on Education and Labor of the House of
Representatives containing the analysis described in paragraph
(1) and an identification of State and Indian tribe best
practices for achieving the purpose of this subpart.
``(g) Technical Assistance.--The Secretary shall provide technical
assistance to eligible States and Indian tribes concerning best
practices regarding the promising and evidence-based institutional
reforms and innovative practices to improve student outcomes and shall
disseminate such best practices among the States and Indian tribes.
``(h) Continuation of Funding.--
``(1) In general.--A State or Indian tribe receiving a
grant under this subpart for a fiscal year may continue to
receive funding under this subpart for future fiscal years
conditioned on the availability of budget authority and on
meeting the requirements of the grant, as determined by the
Secretary.
``(2) Discontinuation.--The Secretary may discontinue
funding of the Federal share of a grant under this subpart if
the State or Indian tribe has violated the terms of the grant
or is not making adequate progress in implementing the reforms
described in the application submitted under section 499C.
``(i) Supplement, Not Supplant.--Funds made available under this
subpart shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities under this section.
``SEC. 499F. DEFINITIONS.
``In this subpart:
``(1) Career pathway.--The term `career pathway' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
``(2) Community college.--The term `community college'
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including 2-year tribally controlled
colleges under section 316 and public 2-year State institutions
of higher education.
``(3) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(5) Eligible student.--
``(A) Definition.--The term `eligible student'
means a student who--
``(i) attends the community college on not
less than a half-time basis;
``(ii) is maintaining satisfactory progress
(as defined in section 484(c)) in the student's
course of study;
``(iii) is enrolled in an eligible program
(as defined in section 481(b)); and
``(iv) either--
``(I) qualifies for in-State
resident community college tuition, as
determined by the State or Indian
tribe; or
``(II) would qualify for such in-
State resident community college
tuition, but for the immigration status
of such student.
``(B) Special rule.--An otherwise eligible student
shall lose eligibility 3 calendar years after first
receiving benefits under this subpart.
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(8) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(9) State.--The term `State' has the meaning given the
term in section 103.
``SEC. 499G. APPROPRIATIONS.
``(a) Authorization and Appropriations.--For the purpose of making
grants under this subpart there are authorized to be appropriated, and
there are appropriated--
``(1) $1,569,700,000 for fiscal year 2021;
``(2) $3,472,880,000 for fiscal year 2022;
``(3) $4,431,950,000 for fiscal year 2023;
``(4) $6,204,030,000 for fiscal year 2024;
``(5) $8,119,870,000 for fiscal year 2025;
``(6) $9,297,430,000 for fiscal year 2026;
``(7) $11,708,890,000 for fiscal year 2027;
``(8) $14,971,330,000 for fiscal year 2028;
``(9) $15,619,910,000 for fiscal year 2029; and
``(10) $16,296,080,000 for fiscal year 2030 and each
succeeding fiscal year.
``(b) Availability.--Funds appropriated under subsection (a) shall
remain available to the Secretary until expended.
``(c) Insufficient Funds.--If the amount appropriated under
subsection (a) for a fiscal year is not sufficient to award each
participating State and Indian tribe a grant under this subpart that is
equal to the minimum amount of the Federal share described in section
499B, the Secretary may ratably reduce the amount of each such grant or
take other actions necessary to ensure an equitable distribution of
such amount.''.
SEC. 4802. STUDENT SUCCESS FUND.
Part J of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), as added by section 4801, is further amended by adding
at the end the following:
``Subpart 2--Student Success Fund
``SEC. 499H. IN GENERAL.
``From amounts appropriated under section 499N for any fiscal year,
the Secretary shall carry out a grant program (to be known as the
Student Success Fund) to make grants to eligible entities to carry out
the activities and services described in section 499L.
``SEC. 499I. ALLOCATION.
``(a) Federal Share Allocation.--The Federal share of a grant under
this subpart shall be determined using the formula determined under
section 499B(1).
``(b) Matching Funds.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity participating in the program under this subpart
shall provide, from non-Federal sources, in cash or in-kind--
``(A) in each of the first, second, third, and
fourth year of participation in the program, an amount
equal to 25 percent of the amount such entity received
under subsection (a) with respect to such year;
``(B) in each of the fifth and sixth year of
participation in the program, an amount equal to 50
percent of the amount such entity received under
subsection (a) with respect to such year;
``(C) in each of the seventh and eighth year of
participation in the program, an amount equal to 75
percent of the amount such entity received under
subsection (a) with respect to such year; and
``(D) in each ninth year and each subsequent year
thereafter of participation in the program, an amount
equal to 100 percent of the amount such entity received
under subsection (a) with respect to such year.
``(2) Exception for certain indian tribes.--The Secretary
may waive the matching fund requirements under paragraph (1) in
the case of an eligible entity that is an Indian tribe if at
least 75 percent of the students at the institutions of higher
education operated or controlled by such Indian tribe are low-
income students.
``(3) Reallotment.--If an eligible entity returns to the
Secretary any portion of the sums allocated to such eligible
entity under this section for any fiscal year, the Secretary
shall reallot such excess as part of the available appropriated
amount for the succeeding fiscal year.
``(c) Supplement, Not Supplant.--Grant funds awarded under this
subpart shall be used to supplement, and not supplant, other Federal,
State, and local funds that would otherwise be expended to carry out
activities assisted under this subpart.
``(d) Limitation.--An eligible entity may only participate in the
program under this subpart in a year in which such entity receives a
grant under subpart 1.
``SEC. 499J. APPLICATIONS.
``(a) In General.--To be eligible to participate in the program
under this subpart, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a plan that includes--
``(A) the amount of funds requested by the eligible
entity under this subpart and the intended use of such
funds;
``(B) how the eligibility entity will use the
requested funds to implement promising and evidence-
based institutional reforms and innovative practices to
improve student outcomes, including those identified by
such entity under section 499C(b)(3), and including
annual implementation benchmarks that the entity will
use to track progress in implementing such reforms and
practices;
``(C) how the eligible entity will meet its
matching fund requirements under section 499I(b);
``(D) if the eligible entity is a State, how such
eligible entity will prioritize spending on the public
institutions of higher education specified in paragraph
(2)(B); and
``(E) the improvements the eligible entity
anticipates in student outcomes, including improvements
in transfer rates or completion rates, or both.
``(2) if the eligible entity is a State, an analysis that
includes--
``(A) with respect to each public institution of
higher education of the eligible entity--
``(i) the total per-student funding;
``(ii) the amount of per-student funding
from State-appropriated funds;
``(iii) the student demographics
(including, data on race, income, disability
status, and remediation); and
``(iv) transfer and completion rates,
including such rates among low-income students,
students of color, students with disabilities,
and students in need of remediation; and
``(B) an analysis of whether, of the public
institutions of higher education of the eligible
entity, the public institutions of higher education
that received less funding on a per-student basis
described in clause (i) or (ii), or both, of
subparagraph (A), are serving disproportionately high
shares of low-income students, students of color,
students with disabilities, or students in need of
remediation.
``(b) Approval.--
``(1) In general.--Not later than 180 days after receiving
a plan under subsection (a), the Secretary shall--
``(A) approve the plan; or
``(B) require revisions to such plan.
``(2) Revisions required.--An eligible entity shall make
such revisions as required by the Secretary under paragraph
(1)(B).
``(c) Publication.--The Secretary shall make each plan approved
under subsection (b)(1)(A) and each plan revised under subsection
(b)(2) available to the public on the website of the Department.
``SEC. 499K. PROGRAM REQUIREMENTS.
``(a) General Requirements.--
``(1) Report on demonstrated progress.--For the third year
in which an eligible entity participates in the program under
this subpart, and every 2 years thereafter, the eligible entity
shall submit a report to the Secretary, in such manner and
containing such information as the Secretary may require, that
includes--
``(A) the progress in meeting the annual
implementation benchmarks included in the application
of such eligible entity under section 499J(a)(1)(B);
``(B) the progress in improving the student
outcomes identified by the entity under section
499(J)(a)(1)(E); and
``(C) with respect to the 2 years after such report
is submitted--
``(i) a plan for the use of funds under
this subpart; and
``(ii) the amount of funds requested by the
eligible entity under this subpart .
``(2) Approval.--Not later than 180 days after receiving a
plan under paragraph (1)(C)(i), the Secretary shall--
``(A) approve the plan; or
``(B) require revisions to such plan.
``(3) Revisions required.--An eligible entity shall make
such revisions as required by the Secretary under paragraph
(2)(B).
``(b) Failure to Meet Requirements.-- If an eligible entity does
not meet the annual implementation benchmarks included in the
application of such eligible entity under section 499J(a)(1)(B), as
required to be reported under subsection (a)(1)(A), such eligible
entity shall submit to the Secretary, at such time and in such manner
as the Secretary may require--
``(1) a written explanation for the delay in meeting such
requirements; and
``(2) a plan that will enable such eligible entity to meet
such requirements not later than 1 year after the date on which
the eligible entity submitted the written explanation under
paragraph (1).
``(c) Publication.--The Secretary shall make each plan approved
under subsection (a)(2)(A), each plan revised under subsection (a)(3),
and each plan submitted under subsection (b)(2) available to the public
on the website of the Department.
``SEC. 499L. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b), an
eligible entity shall use a grant under this subpart only to allocate
funds in accordance with the plan submitted for such year under section
499J(a)(1).
``(b) Use of Funds for Administrative Purposes.--An eligible entity
that receives a grant under this subpart may use not more than 10
percent of such grant for administrative purposes relating to the grant
under this subpart.
``SEC. 499M. ELIGIBLE ENTITY DEFINED.
``In this subpart, the term `eligible entity' means a State or
Indian tribe that received a grant under subpart 1 for the fiscal year
in which such State or Indian tribe receives a grant under this
subpart.
``SEC. 499N. APPROPRIATIONS.
``(a) Authorization and Appropriations.--For the purpose of making
grants under this subpart there are authorized to be appropriated and
there are appropriated $500,000,000 for fiscal year 2021 and each
succeeding fiscal year.
``(b) Availability.--Funds appropriated under subsection (a) shall
remain available to the Secretary until expended.''.
SEC. 4803. PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES, TRIBAL COLLEGES AND UNIVERSITIES, AND
MINORITY-SERVING INSTITUTIONS.
Part J of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), as added and amended by this part, is further amended by
adding at the end the following:
``Subpart 3--Grants to Historically Black Colleges and Universities,
Tribal Colleges and Universities, and Minority-Serving Institutions
``SEC. 499O. PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES.
``(a) In General.--From amounts appropriated under section 499S(a)
for any fiscal year, the Secretary shall award grants to participating
4-year historically black colleges or universities that meet the
requirements of subsection (b) to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at participating institutions;
``(2) provide incentives to community college students to
transfer to participating institutions through strong transfer
pathways to complete a bachelor's degree program; and
``(3) support participating institutions to better serve
new and existing students by engaging in reforms and
innovations designed to improve completion rates and other
student outcomes.
``(b) Eligibility.--To be eligible to receive a grant under the
program under this section, an institution shall be a historically
black college or university that--
``(1) has a student body of which not less than 35 percent
are low-income students;
``(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
``(A) providing comprehensive academic and student
support services, including mentoring and advising,
especially for low-income, first-generation, and adult
students, and other students belonging to racial and
other groups that are underrepresented in higher
education;
``(B) providing direct support services such as--
``(i) childcare, transportation, emergency
financial assistance, and mental health and
substance use disorder treatment;
``(ii) assistance in obtaining health
insurance coverage;
``(iii) assistance securing affordable
housing;
``(iv) efforts to address food insecurity
and campus hunger; and
``(v) efforts to facilitate student
participation in means-tested Federal benefit
programs (as defined in section 479(d));
``(C) providing accelerated learning opportunities
and degree pathways, such as dual enrollment and
pathways to graduate and professional degree programs;
``(D) partnering with employers, industry, not-for-
profit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including work-based learning opportunities
such as internships or apprenticeships or programs
designed to improve inter-cultural development and
personal growth, such as foreign exchange and study
abroad programs; or
``(E) strengthening remedial education, especially
for low-income, first-generation, and adult students,
and other students belonging to racial and other groups
that are underrepresented in higher education,
including through the use of multiple measures (such as
a student's college entrance examination score, grade
point average, high school course list, or a placement
examination) to identify students in need of remedial
education;
``(3) sets performance goals for improving student outcomes
for the duration of the grant; and
``(4) if receiving a grant for transfer students, has
articulation agreements with community colleges at the
national, State, or local level to ensure that community
college credits can fully transfer to the participating
institution.
``(c) Grant Amount.--
``(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
section and subject to paragraph (3), such eligible institution
shall receive a grant in an amount based on the product of--
``(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
section as the per-student rebate); and
``(B) the number of eligible students enrolled in
the eligible institution for the preceding year.
``(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this section, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate for
an eligible institution increase by more than 3 percent as
compared to the amount of such rebate for the preceding year.
``(3) Limitations.--
``(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this section shall receive a per-student rebate amount
for any year that is greater than the national average
of annual tuition and fees at public 4-year
institutions of higher education for such year, as
determined by the Secretary.
``(B) First-year tuition and fees.--During the
first year of participation in the grant program under
this section, no eligible institution may increase
tuition and fees at a rate greater than any annual
increase at the eligible institution in the previous 5
years.
``(d) Application.--An eligible institution that desires 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.
``(e) Use of Funds.--Funds awarded under this section to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students in an
amount of not more than up to the annual per-student rebate amount for
each student, for not more than the first 60 credits an eligible
student enrolls in the participating eligible institution.
``(f) Supplement, Not Supplant.--Funds made available under section
499S to carry out this section shall be used to supplement, and not
supplant, other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``SEC. 499P. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL COLLEGES AND
UNIVERSITIES.
``(a) In General.--From amounts appropriated under section 499S(a)
for any fiscal year, the Secretary shall award grants to participating
4-year Tribal Colleges or Universities that meet the requirements of
subsection (b) to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at participating institutions;
``(2) provide incentives to community college students to
transfer to participating institutions through strong transfer
pathways to complete a bachelor's degree program; and
``(3) support participating institutions to better serve
new and existing students by engaging in reforms and
innovations designed to improve completion rates and other
student outcomes.
``(b) Eligibility.--To be eligible to receive a grant under the
program under this section, an institution shall be a Tribal College or
University that--
``(1) has a student body of which not less than 35 percent
are low-income students;
``(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
``(A) providing comprehensive academic and student
support services, including mentoring and advising,
especially for low-income, first-generation, and adult
students, and other students belonging to racial and
other groups that are underrepresented in higher
education;
``(B) providing direct support services such as--
``(i) childcare, transportation, emergency
financial assistance, and mental health and
substance use disorder treatment;
``(ii) assistance in obtaining health
insurance coverage;
``(iii) assistance securing affordable
housing;
``(iv) efforts to address food insecurity
and campus hunger; and
``(v) efforts to facilitate student
participation in means-tested Federal benefit
programs (as defined in section 479(d));
``(C) providing accelerated learning opportunities
and degree pathways, such as dual enrollment and
pathways to graduate and professional degree programs;
``(D) partnering with employers, industry, not-for-
profit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including work-based learning opportunities
such as internships or apprenticeships or programs
designed to improve inter-cultural development and
personal growth, such as foreign exchange and study
abroad programs; or
``(E) strengthening remedial education, especially
for low-income, first-generation, and adult students,
and other students belonging to racial and other groups
that are underrepresented in higher education,
including through the use of multiple measures (such as
a student's college entrance examination score, grade
point average, high school course list, or a placement
examination) to identify students in need of remedial
education;
``(3) sets performance goals for improving student outcomes
for the duration of the grant; and
``(4) if receiving a grant for transfer students, has
articulation agreements with community colleges at the
national, State, or local level to ensure that community
college credits can fully transfer to the participating
institution.
``(c) Grant Amount.--
``(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
section and subject to paragraph (3), such eligible institution
shall receive a grant in an amount based on the product of--
``(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
section as the per-student rebate); and
``(B) the number of eligible students enrolled in
the eligible institution for the preceding year.
``(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this section, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate for
an eligible institution increase by more than 3 percent as
compared to the amount of such rebate for the preceding year.
``(3) Limitations.--
``(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this section shall receive a per-student rebate amount
for any year that is greater than the national average
of annual tuition and fees at public 4-year
institutions of higher education for such year, as
determined by the Secretary.
``(B) First-year tuition and fees.--During the
first year of participation in the grant program under
this section, no eligible institution may increase
tuition and fees at a rate greater than any annual
increase at the eligible institution in the previous 5
years.
``(d) Application.--An eligible institution that desires 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.
``(e) Use of Funds.--Funds awarded under this section to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students in an
amount of not more than up to the annual per-student rebate amount for
each student, for not more than the first 60 credits an eligible
student enrolls in the participating eligible institution.
``(f) Supplement, Not Supplant.--Funds made available under section
499S to carry out this section shall be used to supplement, and not
supplant, other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``SEC. 499Q. PATHWAYS TO STUDENT SUCCESS FOR HISPANIC-SERVING
INSTITUTIONS, ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS, ALASKA NATIVE-SERVING
INSTITUTIONS, NATIVE HAWAIIAN-SERVING INSTITUTIONS,
PREDOMINANTLY BLACK INSTITUTIONS, AND NATIVE AMERICAN-
SERVING NONTRIBAL INSTITUTIONS.
``(a) In General.--From amounts appropriated under section 499S(a)
for any fiscal year, the Secretary shall award grants to participating
4-year minority-serving institutions to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at participating institutions;
``(2) provide incentives to community college students to
transfer to participating institutions through strong transfer
pathways to complete a bachelor's degree program; and
``(3) support participating institutions to better serve
new and existing students by engaging in reforms and
innovations designed to improve completion rates and other
student outcomes.
``(b) Institutional Eligibility.--To be eligible to participate and
receive a grant under this section, an institution shall be a minority-
serving institution that--
``(1) has a student body of which not less than 35 percent
are low-income students;
``(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
``(A) providing comprehensive academic and student
support services, including mentoring and advising,
especially for low-income, first-generation, and adult
students, and other students belonging to racial and
other groups that are historically underrepresented in
higher education;
``(B) providing direct support services such as--
``(i) childcare, transportation, emergency
financial assistance, and mental health and
substance use disorder treatment;
``(ii) assistance in obtaining health
insurance coverage;
``(iii) assistance securing affordable
housing;
``(iv) efforts to address food insecurity
and campus hunger; and
``(v) efforts to facilitate student
participation in means-tested Federal benefit
programs (as defined in section 479(d));
``(C) providing accelerated learning opportunities
and degree pathways, such as dual enrollment and
pathways to graduate and professional degree programs;
``(D) partnering with employers, industry, not-for-
profit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including work-based learning opportunities
such as internships or apprenticeships or programs
designed to improve inter-cultural development and
personal growth, such as foreign exchange and study
abroad programs; or
``(E) strengthening remedial education, especially
for low-income, first-generation, and adult students,
and other students belonging to racial and other groups
that are underrepresented in higher education,
including through the use of multiple measures (such as
a student's college entrance examination score, grade
point average, high school course list, or a placement
examination) to identify students in need of remedial
education;
``(3) sets performance goals for improving student outcomes
for the duration of the grant; and
``(4) if receiving a grant for transfer students, has
articulation agreements with community colleges at the
national, State, or local levels to ensure that community
college credits can fully transfer to the participating
institution.
``(c) Grant Amount.--
``(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
section and subject to paragraph (3), such participating
eligible institution shall receive a grant in an amount based
on the product of--
``(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
section as the per-student rebate); and
``(B) the number of eligible students enrolled in
the eligible institution for the preceding year.
``(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this section, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate
increase by more than 3 percent as compared to the amount of
such rebate for the preceding year.
``(3) Limitations.--
``(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this section shall receive a per-student rebate amount
for a grant year greater than the national average of
public four-year institutional tuition and fees, as
determined by the Secretary.
``(B) First-year tuition and fees.--During the
first year of participation in the grant program under
this section, no eligible institution may increase
tuition and fees at a rate greater than any annual
increase made by the institution in the previous 5
years.
``(d) Application.--An eligible institution shall submit an
application to the Secretary at such time, in such a manner, and
containing such information as determined by the Secretary.
``(e) Use of Funds.--Funds awarded under this section to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students in an
amount of not more than up to the annual per-student rebate amount for
each student, for not more than the first 60 credits an eligible
student enrolls in the participating eligible institution.
``(f) Supplement, Not Supplant.--Funds made available under section
499S to carry out this section shall be used to supplement, and not
supplant, other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``SEC. 499R. DEFINITIONS.
``In this subpart:
``(1) Eligible student.--
``(A) Definition.--The term `eligible student'
means a student, regardless of age, who--
``(i)(I) enrolls in a historically black
college or university, Tribal College or
University, or minority-serving institution; or
``(II) transfers from a community college
into a historically black college or
university, Tribal College or University, or
minority-serving institution;
``(ii) attends the historically black
college or university, Tribal College or
University, or minority-serving institution, on
at least a half-time basis;
``(iii) maintains satisfactory academic
progress; and
``(iv) is a low-income student.
``(B) Special rules.--
``(i) First 3 years.--An otherwise eligible
student shall lose eligibility 3 calendar years
after first receiving benefits under this
title.
``(ii) Special rule for certain students.--
Notwithstanding subparagraph (A)(i), an
otherwise eligible student whose parent or
guardian was denied a Federal Direct PLUS loan
under part D after November 1, 2011, and before
March 29, 2015, and who subsequently withdrew
from a historically black college or
university, Tribal College or University, or
minority-serving institution, and has not yet
completed a program of study at such
historically black college or university or
minority-serving institution, shall be eligible
to participate under sections 499O, 499P, or
499Q in order to complete such program of
study, subject to all other requirements of
sections 499O, 499P, or 499Q (as the case may
be).
``(2) Historically black college or university.--The term
`historically black college or university' means a part B
institution described in section 322(2).
``(3) Low-income student.--The term `low-income student'--
``(A) shall include any student eligible for a
Federal Pell Grant under section 401; and
``(B) may include a student ineligible for a
Federal Pell Grant under section 401 who is determined
by the institution to be a low-income student based on
an analysis of the student's ability to afford the cost
of attendance at the institution.
``(4) Minority-serving institution.--The term `minority-
serving institution' means any public or not-for-profit
institution of higher education--
``(A) described in paragraph (2) and paragraphs (4)
through (7) of section 371(a); and
``(B) designated as a minority-serving institution
by the Secretary.
``(5) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316.
``SEC. 499S. APPROPRIATIONS.
``(a) Authorization and Appropriations for HBCU, TCU, and MSI
Grants.--For the purpose of carrying out sections 499O, 499P, and 499Q
there are authorized to be appropriated, and there are appropriated--
``(1) $63,250,000 for fiscal year 2021;
``(2) $206,990,000 for fiscal year 2022;
``(3) $1,232,760,000 for fiscal year 2023;
``(4) $1,282,210,000 for fiscal year 2024;
``(5) $1,333,950,000 for fiscal year 2025;
``(6) $1,386,850,000 for fiscal year 2026;
``(7) $1,408,700,000 for fiscal year 2027;
``(8) $1,501,850,000 for fiscal year 2028;
``(9) $1,562,800,000 for fiscal year 2029; and
``(10) $1,626,040,000 for fiscal year 2030 and each
succeeding fiscal year.
``(b) Availability.--Funds appropriated under subsection (a) are to
remain available to the Secretary until expended.
``(c) Insufficient Funds.--If the amount appropriated under
subsection (a) for a fiscal year is not sufficient to award each
participating institution in the grant programs under sections 499O,
499P, and 499Q a grant under this part equal to 100 percent of the
grant amount determined under section 499O(c), 499P(c), or 499Q(c), as
appropriate, the Secretary may ratably reduce the amount of each such
grant or take other actions necessary to ensure an equitable
distribution of such amount.''.
SEC. 4804. UNMET NEED FOR FEDERAL PELL GRANT RECIPIENTS.
Part J of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), as added and amended by this part, is further amended by
adding at the end the following:
``Subpart 4--Additional College Affordability Grants
``SEC. 499T. UNMET NEED FOR FEDERAL PELL GRANT RECIPIENTS.
``(a) In General.--
``(1) Grant program.--Subject to paragraph (2), from
amounts appropriated under subsection (f) for any fiscal year,
the Secretary may award grants to eligible States and Indian
tribes described in paragraph (3) to pay the Federal share of
expenditures needed to carry out the activities and services
described in subsection (d).
``(2) Limitation.--The Secretary may not make grants under
paragraph (1) in fiscal year unless all grants eligible to be
made under subpart 1 have been made for such fiscal year.
``(3) Eligibility.--A State or Indian tribe may only be
eligible for a grant under this section in a fiscal year if
such State or Indian tribe received a grant under subpart 1 for
such fiscal year.
``(b) Federal Share; Non-Federal Share.--
``(1) Federal share.--
``(A) Formula.--Subject to paragraph (2), the
Federal share of a grant under this section shall be
based on a formula, determined by the Secretary, that--
``(i) accounts for the State or Indian
tribe's share of Pell Grant recipients;
``(ii) provides, for each Pell Grant
recipient in the State or Indian tribe, a per-
student amount that is at least 75 percent of--
``(I) for the first award year for
which grants are made under this
section, the average unmet need of Pell
Grant recipients in all States for the
most recent year for which data are
available; and
``(II) for each subsequent award
year, the amount determined under this
subparagraph for the preceding award
year, increased by the lesser of--
``(aa) a percentage equal
to the estimated percentage
increase in the Consumer Price
Index (as determined by the
Secretary) since the date of
such determination; or
``(bb) 3 percent.
``(B) Exception for certain indian tribes.--In any
case in which not less than 75 percent of the students
at the institutions of higher education operated or
controlled by an Indian tribe are low-income students,
the amount of the Federal share for such Indian tribe
shall be not less than 95 percent of the total amount
needed to waive tuition and fees for all Pell Grant
recipients enrolled in such institutions of higher
education.
``(2) State or tribal share.--
``(A) Formula.--
``(i) In general.--The State or tribal
share of a grant under this section for each
fiscal year shall be the amount needed to pay
25 percent of the average unmet need of Pell
Grant recipients in all States in the first
award year for which grants are made under this
section for all Pell Grant recipients in the
State or Indian tribe, respectively, for such
fiscal year, except as provided in clause (ii).
``(ii) Exception for certain indian
tribes.--In the case of an Indian tribe
described in paragraph (1)(B), the amount of
such Indian tribe's tribal share shall not
exceed 5 percent of the total amount needed to
pay the average unmet need for all Pell Grant
recipients enrolled in the institutions of
higher education described in such paragraph.
``(B) Need-based aid.--A State or Indian tribe may
include, as part of the State or tribal share, any
need-based financial aid that--
``(i) is provided from State or tribal
funds to a Pell Grant recipient; and
``(ii) may be used by such student to pay
costs of attendance other than tuition and
fees.
``(3) Determining number of pell grant recipients.--
``(A) In general.--The Secretary shall develop and
implement a process for accurately estimating the
number of Pell Grant recipients in a State or Indian
tribe for purposes of paragraphs (1) and (2).
``(B) Initial determination.--For the first year
for which grants are awarded under this section, the
number of Pell Grant recipients in a State or Indian
tribe shall be considered to be equal to the number of
Pell Grant recipients that were in the State or tribe
for the preceding school year.
``(4) Adjustment of grant amount.--Not later than 180 days
after the date on which a State or Indian tribe receives a
grant under this section, the Secretary shall--
``(A) in consultation with the State or tribe
concerned, determine whether the actual number of Pell
Grant recipients in the State or Tribe for the year
covered by the grant is greater than the estimated
number of such students that was used to determine the
amount of the grant; and
``(B) if it is determined under paragraph (1) that
the actual number of Pell Grant recipients in the State
or Tribe is higher than such estimate, issue a
supplementary grant payment to the State or tribe in an
amount that ensures that the total amount of the grant
funds received by the State or tribe under this section
for the year covered by the grant accurately reflects
the higher number of Pell Grant recipients.
``(c) Applications.--In order to receive a grant under this
section, a State or tribe shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
``(d) Allowable Uses of Funds.--
``(1) In general.--A State or Indian tribe shall use a
grant under this section only to provide to each Pell Grant
recipient a grant that equals the unmet need of such recipient.
``(2) Annual report.--A State or Indian tribe receiving a
grant under this section shall submit an annual report to the
Secretary describing the uses of grant funds under this
section, the progress made in fulfilling the requirements of
the grant, and rates of transfer, graduation, and attainment of
recognized postsecondary credentials at institutions of higher
education in the State or Indian tribe, including such rates
disaggregated by race, income, and age, and including any other
information as the Secretary may require.
``(3) Reporting by the secretary.--The Secretary annually
shall--
``(A) compile and analyze the information described
in paragraph (2); and
``(B) prepare and submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the House
of Representatives containing the analysis described in
subparagraph (A) and an identification of State and
Indian tribe best practices for achieving the purpose
of this section.
``(4) Technical assistance.--The Secretary shall provide
technical assistance to eligible States and Indian tribes
concerning best practices regarding the promising and evidence-
based institutional reforms and innovative practices to improve
student outcomes and shall disseminate such best practices
among the States and Indian tribes.
``(5) Continuation of funding.--
``(A) In general.--A State or Indian tribe
receiving a grant under this section for a fiscal year
may continue to receive funding under this section for
future fiscal years conditioned on the availability of
budget authority and on meeting the requirements of the
grant, as determined by the Secretary.
``(B) Discontinuation.--The Secretary may
discontinue funding of the Federal share of a grant
under this section if the State or Indian tribe has
violated the terms of the grant.
``(6) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``(e) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(3) Pell grant recipient.--
``(A) Definition.--The term `Pell Grant recipient'
means a student who--
``(i) attends a public institution of
higher education on not less than a half-time
basis;
``(ii) is a recipient of a Federal Pell
Grant under subpart 1 of part A of title IV of
this Act;
``(iii) is maintaining satisfactory
progress (as defined in section 484(c)) in the
student's course of study;
``(iv) is enrolled in an eligible program
(as defined in section 481(b)); and
``(v) either--
``(I) qualifies for in-State
resident institution of higher
education tuition, as determined by the
State or Indian tribe; or
``(II) would qualify for such in-
State tuition, but for the immigration
status of such student.
``(B) Special rule.--An otherwise Pell Grant
recipient shall lose eligibility under this section--
``(i) after 3 years of receiving benefits
under this section for enrollment at a
community college (as defined in section 499F);
and
``(ii) after 6 years of receiving benefits
under this section for enrollment in a 4-year
institution of higher education.
``(4) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(5) State.--The term `State' has the meaning given the
term in section 103.
``(6) Unmet need.--The term `unmet need' means, with
respect to a Pell Grant recipient, the amount determined by
calculating the difference between--
``(A) the institution's cost of attendance (as
defined in section 472) for the year for which the
determination is made; and
``(B) the sum of--
``(i) the total amount of need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, provided to
such Pell Grant recipient for the year for
which the determination is made; and
``(ii) the expected family contribution for
such Pell Grant recipient for the year for
which the determination is made.
``(f) Appropriations.--
``(1) Authorization and appropriations.--For the purpose of
making grants under this section there are authorized to be
appropriated such sums as may be necessary to carry out this
section for fiscal year 2021 and each succeeding fiscal year.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available to the Secretary until expended.
``(3) Insufficient funds.--If the amount appropriated under
paragraph (1) for a fiscal year is not sufficient to award each
participating State and Indian tribe a grant under this section
that is equal to the minimum amount of the Federal share
described in subsection (b), the Secretary may ratably reduce
the amount of each such grant or take other actions necessary
to ensure an equitable distribution of such amount.
``(4) Transfer availability.--The Secretary is authorized,
subject to the availability of appropriations, to transfer
amounts authorized to be appropriated to carry out subpart 1
for a fiscal year to make grants under this section if all
grants eligible to be made under such subpart have been made
for such fiscal year.''.
SEC. 4805. UNMET NEED FOR STUDENTS.
Subpart 4 of part J of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), as added and amended by this part, is further
amended by adding at the end the following:
``SEC. 499U. UNMET NEED FOR STUDENTS.
``(a) In General.--
``(1) Grant program.--Subject to paragraph (2), from
amounts appropriated under subsection (f) for any fiscal year,
the Secretary may award grants to eligible States and Indian
tribes described in paragraph (3) to pay the Federal share of
expenditures needed to carry out the activities and services
described in subsection (d).
``(2) Limitation.--The Secretary may not make grants under
paragraph (1) in fiscal year unless--
``(A) all grants eligible to be made under subpart
1 have been made for such fiscal year; and
``(B) all grants eligible to be made under section
499T have been made for such fiscal year.
``(3) Eligibility.--A State or Indian tribe may only be
eligible for a grant under this section in a fiscal year if
such State or Indian tribe received--
``(A) a grant under subpart 1 for such fiscal year;
and
``(B) a grant under 499T for such fiscal year.
``(b) Federal Share; Non-Federal Share.--
``(1) Federal share.--
``(A) Formula.--Subject to paragraph (2), the
Federal share of a grant under this section shall be
based on a formula, determined by the Secretary, that--
``(i) accounts for the State or Indian
tribe's share of eligible students;
``(ii) provides, for each eligible student
in the State or Indian tribe, a per-student
amount that is at least 75 percent of--
``(I) for the first award year for
which grants are made under this
section, the average unmet need of
eligible students in all States for the
most recent year for which data are
available; and
``(II) for each subsequent award
year, the amount determined under this
subparagraph for the preceding award
year, increased by the lesser of--
``(aa) a percentage equal
to the estimated percentage
increase in the Consumer Price
Index (as determined by the
Secretary) since the date of
such determination; or
``(bb) 3 percent.
``(B) Exception for certain indian tribes.--In any
case in which not less than 75 percent of the students
at the institutions of higher education operated or
controlled by an Indian tribe are low-income students,
the amount of the Federal share for such Indian tribe
shall be not less than 95 percent of the total amount
needed to waive tuition and fees for all eligible
students enrolled in such institutions of higher
education.
``(2) State or tribal share.--
``(A) Formula.--
``(i) In general.--The State or tribal
share of a grant under this section for each
fiscal year shall be the amount needed to pay
25 percent of the average unmet need of
eligible students in all States in the first
award year for which grants are made under this
section for all eligible students in the State
or Indian tribe, respectively, for such fiscal
year, except as provided in clause (ii).
``(ii) Exception for certain indian
tribes.--In the case of an Indian tribe
described in paragraph (1)(B), the amount of
such Indian tribe's tribal share shall not
exceed 5 percent of the total amount needed to
pay the average unmet need for all eligible
students enrolled in the institutions of higher
education described in such subparagraph.
``(B) Need-based aid.--A State or Indian tribe may
include, as part of the State or tribal share, any
need-based financial aid that--
``(i) is provided from State or tribal
funds to an eligible student; and
``(ii) may be used by such student to pay
costs of attendance other than tuition and
fees.
``(3) Determining number of eligible students.--
``(A) In general.--The Secretary shall develop and
implement a process for accurately estimating the
number of eligible students in a State or Indian tribe
for purposes of paragraphs (1) and (2).
``(B) Initial determination.--For the first year
for which grants are awarded under this section, the
number of eligible students in a State or Indian tribe
shall be considered to be equal to the number of
eligible students that were in the State or tribe for
the preceding school year.
``(4) Adjustment of grant amount.--Not later than 180 days
after the date on which a State or Indian tribe receives a
grant under this section, the Secretary shall--
``(A) in consultation with the State or tribe
concerned, determine whether the actual number of
eligible students in the State or Tribe for the year
covered by the grant is greater than the estimated
number of such students that was used to determine the
amount of the grant; and
``(B) if it is determined under paragraph (1) that
the actual number of eligible students in the State or
Tribe is higher than such estimate, issue a
supplementary grant payment to the State or tribe in an
amount that ensures that the total amount of the grant
funds received by the State or tribe under this section
for the year covered by the grant accurately reflects
the higher number of eligible students.
``(c) Applications.--In order to receive a grant under this
section, a State or tribe shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
``(d) Allowable Uses of Funds.--
``(1) In general.--A State or Indian tribe shall use a
grant under this section only to provide to each eligible
student a grant that equals the unmet need of such recipient.
``(2) Annual report.--A State or Indian tribe receiving a
grant under this section shall submit an annual report to the
Secretary describing the uses of grant funds under this
section, the progress made in fulfilling the requirements of
the grant, and rates of transfer, graduation, and attainment of
recognized postsecondary credentials at institutions of higher
education in the State or Indian tribe, including such rates
disaggregated by race, income, and age, and including any other
information as the Secretary may require.
``(3) Reporting by the secretary.--The Secretary annually
shall--
``(A) compile and analyze the information described
in paragraph (2); and
``(B) prepare and submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the House
of Representatives containing the analysis described in
subparagraph (A) and an identification of State and
Indian tribe best practices for achieving the purpose
of this section.
``(4) Technical assistance.--The Secretary shall provide
technical assistance to eligible States and Indian tribes
concerning best practices regarding the promising and evidence-
based institutional reforms and innovative practices to improve
student outcomes and shall disseminate such best practices
among the States and Indian tribes.
``(5) Continuation of funding.--
``(A) In general.--A State or Indian tribe
receiving a grant under this section for a fiscal year
may continue to receive funding under this section for
future fiscal years conditioned on the availability of
budget authority and on meeting the requirements of the
grant, as determined by the Secretary.
``(B) Discontinuation.--The Secretary may
discontinue funding of the Federal share of a grant
under this section if the State or Indian tribe has
violated the terms of the grant.
``(6) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``(e) Definitions.--In this section:
``(1) Eligible student.--
``(A) Definition.--The term `eligible student'
means a student who--
``(i) attends a public institution of
higher education on not less than a half-time
basis;
``(ii) is not a recipient of a Federal Pell
Grant under subpart 1 of part A of title IV of
this Act;
``(iii) is maintaining satisfactory
progress (as defined in section 484(c)) in the
student's course of study;
``(iv) is enrolled in an eligible program
(as defined in section 481(b)); and
``(v) either--
``(I) qualifies for in-State
resident institution of higher
education tuition, as determined by the
State or Indian tribe; or
``(II) would qualify for such in-
State tuition, but for the immigration
status of such student.
``(B) Special rule.--An otherwise eligible student
shall lose eligibility under this section--
``(i) after 3 years of receiving benefits
under this section for enrollment at a
community college (as defined in section 499F);
and
``(ii) after 6 years of receiving benefits
under this section for enrollment in a 4-year
institution of higher education.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(5) State.--The term `State' has the meaning given the
term in section 103.
``(6) Unmet need.--The term `unmet need' means, with
respect to an eligible student, the amount determined by
calculating the difference between--
``(A) the institution's cost of attendance (as
defined in section 472) for the year for which the
determination is made; and
``(B) the sum of--
``(i) the total amount of need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, provided to
such eligible student for the year for which
the determination is made; and
``(ii) the expected family contribution for
such eligible student for the year for which
the determination is made.
``(f) Appropriations.--
``(1) Authorization and appropriations.--For the purpose of
making grants under this section there are authorized to be
appropriated such sums as may be necessary to carry out this
section for fiscal year 2021 and each succeeding fiscal year.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available to the Secretary until expended.
``(3) Insufficient funds.--If the amount appropriated under
paragraph (1) for a fiscal year is not sufficient to award each
participating State and Indian tribe a grant under this section
that is equal to the minimum amount of the Federal share
described in subsection (b), the Secretary may ratably reduce
the amount of each such grant or take other actions necessary
to ensure an equitable distribution of such amount.
``(4) Transfer availability.--The Secretary is authorized,
subject to the availability of appropriations, to transfer
amounts authorized to be appropriated to carry out subpart 1 or
to carry out section 499T for a fiscal year to make grants
under this section if--
``(A) all grants eligible to be made under such
subpart have been made for such fiscal year; and
``(B) all grants eligible to be made under such
section have been made for such fiscal year.''.
SEC. 4806. TUITION WAIVERS.
Subpart 4 of part J of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), as added and amended by this part, is further
amended by adding at the end the following:
``SEC. 499V. TUITION WAIVERS.
``(a) In General.--
``(1) Grant program.--Subject to paragraph (2), from
amounts appropriated under subsection (g) for any fiscal year,
the Secretary may award grants to eligible States and Indian
tribes to pay the Federal share of expenditures needed to carry
out the activities and services described in subsection (d).
``(2) Limitation.--The Secretary may not make grants under
paragraph (1) in fiscal year unless--
``(A) all grants eligible to be made under subpart
1 have been made for such fiscal year;
``(B) all grants eligible to be made under 499T
have been made for such fiscal year; and
``(C) all grants eligible to be made under 499U
have been made for such fiscal year.
``(3) Eligibility.--A State or Indian tribe may only be
eligible for a grant under this section in a fiscal year if
such State or Indian tribe received--
``(A) a grant under subpart 1 for such fiscal year;
``(B) a grant under section 499T for such fiscal
year; and
``(C) a grant under 499U for such fiscal year.
``(b) Federal Share; Non-Federal Share.--
``(1) Federal share.--
``(A) Formula.--Subject to paragraph (2), the
Federal share of a grant under this section shall be
based on a formula, determined by the Secretary, that--
``(i) accounts for the State or Indian
tribe's share of eligible students;
``(ii) provides, for each eligible student
in the State or Indian tribe, a per-student
amount that is at least 75 percent of--
``(I) for the first award year for
which grants are made under this
section, the average resident public 4-
year institutions of higher education
tuition and fees per student in all
States for the most recent year for
which data are available; and
``(II) for each subsequent award
year, the amount determined under this
subparagraph for the preceding award
year, increased by the lesser of--
``(aa) a percentage equal
to the estimated percentage
increase in the Consumer Price
Index (as determined by the
Secretary) since the date of
such determination; or
``(bb) 3 percent.
``(B) Exception for certain indian tribes.--In any
case in which not less than 75 percent of the students
at the institutions of higher education operated or
controlled by an Indian tribe are low-income students,
the amount of the Federal share for such Indian tribe
shall be not less than 95 percent of the total amount
needed to waive tuition and fees for all eligible
students enrolled in such institutions of higher
education.
``(2) State or tribal share.--
``(A) Formula.--
``(i) In general.--The State or tribal
share of a grant under this section for each
fiscal year shall be the amount needed to pay
25 percent of the average resident public 4-
year institutions of higher education tuition
and fees for eligible students in all States in
first award year for which grants are made
under this section for all eligible students in
the State or Indian tribe, respectively, for
such fiscal year, except as provided in clause
(ii).
``(ii) Exception for certain indian
tribes.--In the case of an Indian tribe
described in paragraph (1)(B), the amount of
such Indian tribe's tribal share shall not
exceed 5 percent of the total amount needed to
waive tuition and fees for all eligible
students enrolled in the institutions of higher
education described in such paragraph.
``(B) Need-based aid.--A State or Indian tribe may
include, as part of the State or tribal share, any
need-based financial aid that--
``(i) is provided from State or tribal
funds to an eligible student; and
``(ii) may be used by such student to pay
costs of attendance other than tuition and
fees.
``(3) Determining number of eligible students.--
``(A) In general.--The Secretary shall develop and
implement a process for accurately estimating the
number of eligible students in a State or Indian tribe
for purposes of paragraphs (1) and (2).
``(B) Initial determination.--For the first year
for which grants are awarded under this section, the
number of eligible students in a State or Indian tribe
shall be considered to be equal to the number of
eligible students that were in the State or tribe for
the preceding school year.
``(4) Adjustment of grant amount.--Not later than 180 days
after the date on which a State or Indian tribe receives a
grant under this section, the Secretary shall--
``(A) in consultation with the State or tribe
concerned, determine whether the actual number of
eligible students in the State or Tribe for the year
covered by the grant is greater than the estimated
number of such students that was used to determine the
amount of the grant; and
``(B) if it is determined under paragraph (1) that
the actual number of eligible students in the State or
Tribe is higher than such estimate, issue a
supplementary grant payment to the State or tribe in an
amount that ensures that the total amount of the grant
funds received by the State or tribe under this section
for the year covered by the grant accurately reflects
the higher number of eligible students.
``(c) Applications.--In order to receive a grant under this
section, a State or tribe shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require.
``(d) General Requirements.--As a condition of receiving a grant
under this subpart a State or Indian tribe shall meet the following
requirements:
``(1) For each year of the grant the total amount of public
4-year institution of higher education resident tuition and
fees charged to an eligible student in the State or Indian
tribe shall be $0.
``(2) For each year of the grant no amount of financial
assistance for which an eligible student qualifies may be
applied to such tuition or fees.
``(e) Allowable Uses of Funds.--
``(1) In general.--A State or Indian tribe shall use a
grant under this section only to provide funds to participating
public 4-year institutions to enable such public 4-year
institutions to waive resident tuition and fees for eligible
students as required under subsection (d).
``(2) Annual report.--A State or Indian tribe receiving a
grant under this section shall submit an annual report to the
Secretary describing the uses of grant funds under this
section, the progress made in fulfilling the requirements of
the grant, and rates of transfer, graduation, and attainment of
recognized postsecondary credentials at institutions of higher
education in the State or Indian tribe, including such rates
disaggregated by race, income, and age, and including any other
information as the Secretary may require.
``(3) Reporting by the secretary.--The Secretary annually
shall--
``(A) compile and analyze the information described
in paragraph (2); and
``(B) prepare and submit a report to the Committee
on Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and Labor of the House
of Representatives containing the analysis described in
subparagraph (A) and an identification of State and
Indian tribe best practices for achieving the purpose
of this section.
``(4) Technical assistance.--The Secretary shall provide
technical assistance to eligible States and Indian tribes
concerning best practices regarding the promising and evidence-
based institutional reforms and innovative practices to improve
student outcomes and shall disseminate such best practices
among the States and Indian tribes.
``(5) Continuation of funding.--
``(A) In general.--A State or Indian tribe
receiving a grant under this section for a fiscal year
may continue to receive funding under this section for
future fiscal years conditioned on the availability of
budget authority and on meeting the requirements of the
grant, as determined by the Secretary.
``(B) Discontinuation.--The Secretary may
discontinue funding of the Federal share of a grant
under this section if the State or Indian tribe has
violated the terms of the grant.
``(6) Supplement, not supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds that would otherwise be
expended to carry out activities under this section.
``(f) Definitions.--In this section:
``(1) Eligible student.--
``(A) Definition.--The term `eligible student'
means a student who--
``(i) attends a public institution of
higher education on not less than a half-time
basis;
``(ii) is maintaining satisfactory progress
(as defined in section 484(c)) in the student's
course of study;
``(iii) is enrolled in an eligible program
(as defined in section 481(b)); and
``(iv) either--
``(I) qualifies for in-State
resident institution of higher
education tuition, as determined by the
State or Indian tribe; or
``(II) would qualify for such in-
State tuition, but for the immigration
status of such student.
``(B) Special rule.--An otherwise eligible student
shall lose eligibility under this section after 6 years
of receiving benefits under this section.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(5) State.--The term `State' has the meaning given the
term in section 103.
``(g) Appropriations.--
``(1) Authorization and appropriations.--For the purpose of
making grants under this section there are authorized to be
appropriated such sums as may be necessary to carry out this
section for fiscal year 2021 and each succeeding fiscal year.
``(2) Availability.--Funds appropriated under paragraph (1)
shall remain available to the Secretary until expended.
``(3) Insufficient funds.--If the amount appropriated under
paragraph (1) for a fiscal year is not sufficient to award each
participating State and Indian tribe a grant under this section
that is equal to the minimum amount of the Federal share
described in subsection (b), the Secretary may ratably reduce
the amount of each such grant or take other actions necessary
to ensure an equitable distribution of such amount.
``(4) Transfer availability.--The Secretary is authorized,
subject to the availability of appropriations, to transfer
amounts authorized to be appropriated to carry out subpart 1,
to carry out 499T, and to carry out 499U for a fiscal year to
make grants under this section if--
``(A) all grants eligible to be made under such
subpart have been made for such fiscal year;
``(B) all grants eligible to be made under 499T
have been made for such year; and
``(C) all grants eligible to be made under 499U
have been made for such fiscal year.''.
SEC. 4807. EXPANSION FOR PRIVATE INSTITUTIONS.
Subpart 4 of part J of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), as added and amended by this part, is further
amended by adding at the end the following:
``SEC. 499W. EXPANSION FOR PRIVATE INSTITUTIONS.
``(a) Authority.--The Secretary may establish a program under
which--
``(1) a State that participates in section 499T may elect
to carry out the grant programs under such section to students
who--
``(A) meet the requirements under clauses (ii)
through (iv) of subparagraph (A) and subparagraph (B)
of subsection (e)(3) of such section; and
``(B) attend a nonprofit private institution of
higher education in such State on not less than a half
time basis; and
``(2) a State that participates in section 499U may elect
to carry out the grant programs under such section to students
who--
``(A) meet the requirements under clauses (ii)
through (iv) of subparagraph (A) and subparagraph (B)
of subsection (e)(1) of such section; and
``(B) attend a nonprofit private institution of
higher education in such State on not less than a half
time basis.
``(b) Program Requirements.--The Secretary shall set eligibility
standards for nonprofit private institutions of higher education which
shall, at a minimum, include--
``(1) benchmarks for the enrollment of low-income students;
``(2) a requirement that any nonprofit private institution
of higher education that participates in a grant program
pursuant to this section may not reduce the funding for
institutional need-based aid; or
``(3) a requirement that grant amounts for students at such
institutions of higher education shall not exceed grants for
students with similar levels of financial need (as measured by
expected family contribution) at public institutions of higher
education.
``(c) Authorization of Appropriations.--For the purpose of making
grants under this section there are authorized to be appropriated such
sums as may be necessary to carry out this section for fiscal year 2021
and each succeeding fiscal year.''.
TITLE V--DEVELOPING INSTITUTIONS
SEC. 5001. HISPANIC-SERVING INSTITUTIONS.
(a) Authorized Activities.--Section 503(b) of the Higher Education
Act of 1965 (20 U.S.C. 1101b(b)) is amended--
(1) by redesignating paragraph (16) as paragraph (17); and
(2) by inserting after paragraph (15) the following:
``(16) Promoting opportunities for international education,
including through the development of partnerships with
institutions of higher education outside the United States.''.
(b) Endowment Funding Limitations.--Section 503(c) of the Higher
Education Act of 1965 (20 U.S.C. 1101b(c)) is amended--
(1) in paragraph (2)--
(A) by striking ``non-Federal funds'' and inserting
``non-Federal funds (which may include gifts to the
endowment fund restricted for a specific purpose)'';
and
(B) by striking ``equal to or greater than'' and
inserting ``equal to 50 percent of''; and
(2) by inserting after paragraph (3) the following:
``(4) Scholarships.--An eligible institution that uses
grant funds provided under this title 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.''.
SEC. 5002. PROMOTING POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC
AMERICANS.
(a) Program Authority.--Section 512 of the Higher Education Act of
1965 (20 U.S.C. 1102a) is amended by adding at the end the following:
``(c) Minimum Grants Awarded.--Of the funds appropriated to carry
out this part for a fiscal year, the Secretary--
``(1) shall--
``(A) use not less than one-third of such funds to
award grants to carry out the activities described in
section 513(b); and
``(B) use not less than one-third of such funds to
award grants to carry out the activities described in
section 513(c); and
``(2) may use any funds remaining (after using the funds in
accordance with paragraph (1)) to award grants to carry out
activities described in subsection (b) or (c) of section
513.''.
(b) Authorized Activities.--Section 513 of the Higher Education Act
of 1965 (20 U.S.C. 1102b) is amended to read as follows:
``SEC. 513. AUTHORIZED ACTIVITIES.
``(a) Requirements.--
``(1) In general.--Grants awarded under this part shall be
used for--
``(A) one or more of the activities described in
subsection (b); or
``(B) one or more of the activities described in
subsection (c).
``(2) Prohibition.--A grant awarded under this part may not
be used for activities under both subsections (b) and (c).
``(b) Promoting Postbaccalaureate Opportunities for Hispanic
Americans Activities.--Grants awarded under this part may be used for
one or more of the following activities promoting postbaccalaureate
opportunities for Hispanic Americans:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for low-income postbaccalaureate students
including outreach, academic support services, mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and postbaccalaureate degree granting programs.
``(5) Creating or improving facilities for Internet or
other distance education technologies, including purchase or
rental of telecommunications technology equipment or services.
``(6) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and
postbaccalaureate degree offerings.
``(7) Other activities proposed in the application
submitted pursuant to section 514 that--
``(A) contribute to carrying out the purposes of
this part; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``(c) Faculty Development Activities.--Grants awarded under this
part may be used for one or more of the following activities for
faculty development:
``(1) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(2) Financial support to graduate students planning to
pursue academic careers who desire to become faculty at
Hispanic-serving institutions.
``(3) Career services in preparing for an academic career
and identifying opportunities.
``(4) Developing partnerships between Hispanic-serving
institutions to help graduate students and hiring institutions
connect with each other.
``(5) Faculty recruitment efforts with an emphasis on
graduates from Hispanic-serving institutions and other
minority-serving institutions.
``(6) Recruitment and retention incentives to allow
Hispanic-serving institutions to make competitive offers to
potential faculty, including use of funds for student loan
repayment.
``(7) Research support specifically for early career
faculty.''.
SEC. 5003. GENERAL PROVISIONS.
Section 528(a) of the Higher Education Act of 1965 (20 U.S.C.
1103g(a)) is amended--
(1) in paragraph (1), by striking ``$175,000,000'' and
inserting ``$350,000,000'';
(2) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$115,000,000'';
(3) by striking ``2009'' each place it appears and
inserting ``2021''; and
(4) by adding at the end the following:
``(3) Reservation for technical assistance.--From the
amounts appropriated under paragraph (1) to carry out part A
for a fiscal year, the Secretary shall reserve 0.75 percent to
carry out technical assistance and administrative training for
staff and faculty at Hispanic-serving institutions under such
part.''.
TITLE VI--INTERNATIONAL EDUCATION PROGRAMS
SEC. 6001. INTERNATIONAL EDUCATION.
(a) Graduate and Undergraduate Language and Area Centers and
Programs.--Section 602(b)(2)(B)(ii) of the Higher Education Act of 1965
(20 U.S.C. 1122(b)(2)(B)(ii)) is amended--
(1) in subclause (III), by striking ``or'';
(2) in subclause (IV), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(V) the beginning, intermediate, or
advanced study of a foreign language related to
the area of specialization.''.
(b) International Research and Innovation.--Section 605 of the
Higher Education Act of 1965 (20 U.S.C. 1125) is amended to read as
follows:
``SEC. 605. INTERNATIONAL RESEARCH AND INNOVATION.
``(a) Purpose.--It is the purpose of this section to support
essential international and foreign language education research and
innovation projects with the goal of assessing and strengthening
international education capacity, coordination, delivery, and outcomes
to meet national needs.
``(b) Authority.--
``(1) In general.--From the amount provided to carry out
this section, the Secretary shall carry out the following
activities:
``(A) Conduct research and studies that contribute
to the purpose described in subsection (a), which shall
include research to provide a systematic understanding
of the United States' international and foreign
language education capacity, structures, and
effectiveness in meeting growing demands by education,
government, and the private sector (including business
and other professions).
``(B) Create innovative paradigms or enhance or
scale up proven strategies and practices that address
systemic challenges to developing and delivering
international and foreign language education resources
and expertise across educational disciplines,
institutions, employers, and other stakeholders.
``(C) Develop and manage a national standardized
database that--
``(i) includes the strengths, gaps, and
trends in the United States' international and
foreign language education capacity; and
``(ii) documents the outcomes of programs
funded under this title for every grant cycle.
``(2) Grants or contracts.--The Secretary shall carry out
activities to achieve the outcomes described in paragraph (1)--
``(A) directly; or
``(B) through grants awarded under subsection (d)
or (e).
``(c) Eligible Entity Defined.--In this section, the term `eligible
entity' means--
``(1) an institution of higher education;
``(2) a public or private nonprofit library;
``(3) a nonprofit educational organization;
``(4) an entity that--
``(A) received a grant under this title for a
preceding fiscal year; or
``(B) is receiving a grant under this title as of
the date of application for a grant under this section;
or
``(5) a partnership of two or more entities described in
paragraphs (1) through (4).
``(d) Research Grants.--
``(1) Program authorized.--For any fiscal year for which
the Secretary carries out activities under subsection (b)(1)
through research grants under this subsection, the Secretary
shall award such grants, on a competitive basis, to eligible
entities.
``(2) Required activities.--An eligible entity that
receives a grant under this subsection shall use the grant
funds for the systematic development, collection, analysis,
publication, and dissemination of data, and other information
resources in a manner that is easily understandable, made
publicly available, and that contributes to achieving the
purposes of subsection (a) and carries out at least one
activity under subsection (b)(1).
``(3) Discretionary activities.--An eligible entity that
receives a grant under this subsection may use the grant to
carry out the following activities:
``(A) Assess and document international and foreign
language education capacity and supply through studies
or surveys that--
``(i) determine the number of foreign
language courses, programs, and enrollments at
all levels of education and in all languages,
including a determination of gaps in those
deemed critical to the national interest;
``(ii) measure the number and types of
degrees or certificates awarded in area
studies, global studies, foreign language
studies, and international business and
professional studies, including identification
of gaps in those deemed critical to the
national interest;
``(iii) measure the number of foreign
language, area or international studies
faculty, including international business
faculty, and elementary school and secondary
school foreign language teachers by language,
degree, and world area; or
``(iv) measure the number of undergraduate
and graduate students engaging in long- or
short-term education or internship abroad
programs as part of their curriculum, including
countries of destination.
``(B) Assess the demands for, and outcomes of,
international and foreign language education and their
alignment, through studies, surveys, and conferences
to--
``(i) determine demands for increased or
improved instruction in foreign language, area
or global studies, or other international
fields, and the demand for employees with such
skills and knowledge in the education,
government, and private sectors (including
business and other professions);
``(ii) assess the employment or utilization
of graduates of programs supported under this
title by educational, governmental, and private
sector organizations (including business and
other professions); or
``(iii) assess standardized outcomes and
effectiveness and benchmarking of programs
supported under this title.
``(C) Develop and publish specialized materials for
use in foreign language, area, global, or other
international studies, including in international
business or other professional education or technical
training, as appropriate.
``(D) Conduct studies or surveys that identify and
document systemic challenges and changes needed in
higher education and elementary school and secondary
school systems to make international and foreign
language education available to all students as part of
the basic curriculum, including challenges in current
evaluation standards, entrance and graduation
requirements, program accreditation, student degree
requirements, or teacher and faculty legal workplace
barriers to education and research abroad.
``(E) With respect to underrepresented institutions
of higher education (including minority-serving
institutions or community colleges), carry out studies
or surveys that identify and document--
``(i) current systemic challenges and
changes incentives, and partnerships needed to
comprehensively and sustainably
internationalize educational programming; or
``(ii) short- and long-term outcomes of
successful internationalization strategies and
funding models.
``(F) Evaluate the extent to which programs
assisted under this title--
``(i) reflect diverse perspectives and a
wide range of views; and
``(ii) generate debate on world regions and
international affairs
``(e) Innovation Grants.--
``(1) Program authorized.--For any fiscal year for which
the Secretary carries out activities to achieve the outcomes
described in subsection (b)(1) through innovation grants under
this subsection, the Secretary shall award such grants, on a
competitive basis, to eligible entities.
``(2) Uses of funds.--An eligible entity that receives an
innovation grant under this subsection shall use the grant
funds to fund projects consistent with this section, which may
include one or more of the following:
``(A) Innovative paradigms to improve
communication, sharing, and delivery of resources that
further the purposes described in subsection (a)
including the following:
``(i) Networking structures and systems to
more effectively match graduates possessing
international and foreign language education
skills with employment needs.
``(ii) Sharing international specialist
expertise across institutions of higher
education or in the workforce to pursue
specialization or learning opportunities not
available at any single institution of higher
education, such as shared courses for studying
less commonly taught languages, world areas or
regions, international business or other
professional areas, or specialized research
topics of national strategic interest.
``(iii) Producing, collecting, organizing,
preserving, and widely disseminating
international and foreign language education
expertise, resources, courses, and other
information through the use of electronic
technologies and other techniques.
``(iv) Collaborative initiatives to
identify, capture, and provide consistent
access to, and creation of, digital global
library resources that are beyond the capacity
of any single eligible entity receiving a grant
under this section or any single institution of
higher education, including the professional
development of library staff.
``(v) Utilization of technology to create
open-source resources in international, area,
global, and foreign language studies that are
adaptable to multiple educational settings and
promote interdisciplinary partnerships between
technologists, curriculum designers,
international and foreign language education
experts, language teachers, and librarians.
``(B) Innovative curriculum, teaching, and learning
strategies, including the following:
``(i) New initiatives for collaborations of
disciplinary programs with foreign language,
area, global, and international studies, and
education abroad programs that address the
internationalization of such disciplinary
studies with the purpose of producing globally
competent graduates.
``(ii) Innovative collaborations between
established centers of international and
foreign language education excellence and
underrepresented institutions and populations
seeking to further their goals for
strengthening international, area, global, and
foreign language studies, including at
minority-serving institutions or community
colleges.
``(iii) Teaching and learning
collaborations among foreign language, area,
global, or other international studies with
diaspora communities, including heritage
students.
``(iv) New approaches and methods to
teaching emerging global issues, cross-regional
interactions, and underrepresented regions or
countries, such as project- and team-based
learning.
``(C) Innovative assessment and outcome tools and
techniques that further the purposes described in
subsection (a), including the following:
``(i) International and foreign language
education assessment techniques that are
coupled with outcome-focused training modules,
such as certificates or badges, immersion
learning, or e-portfolio systems.
``(ii) Effective and easily accessible
methods of assessing professionally useful
levels of proficiency in foreign languages or
competencies in area, culture, and global
knowledge or other international fields in
programs under this title, which may include
use of open access online and other cost-
effective tools for students and educators at
all educational levels and in the workplace.
``(f) Application.--Each eligible entity desiring a grant under
this section shall submit to the Secretary an application at such time,
in such manner, and containing such information as the Secretary shall
require, including--
``(1) a description of each proposed project the eligible
entity plans to carry out under this section and how such
project meets the purposes described in subsection (a);
``(2) if applicable, a demonstration of why the entity
needs a waiver or reduction of the matching requirement under
subsection (g); and
``(3) an assurance that each such proposed project will be
self-sustainable after the grant term is completed.
``(g) Matching Requirement.--
``(1) In general.--The Federal share of the total cost for
carrying out a project supported by a grant under this section
shall be no more than 66.66 percent of the cost of the project.
``(2) Non-federal share contributions.--The non-Federal
share of such cost may be provided either in-kind or in cash,
from institutional and non-institutional funds, including
contributions from State or private sector corporations,
nonprofits, or foundations.
``(3) Special rule.--The Secretary may waive or reduce the
share required under paragraph (1) for eligible entities that--
``(A) are minority-serving institutions or are
community colleges; or
``(B) demonstrate need in an application for such a
waiver or reduction under subsection (f)(2).
``(h) Database and Reporting.--The Secretary shall directly, or
through grants or contracts with an eligible grant recipient--
``(1) establish, curate, maintain, and update at least
every grant cycle, a publically available website which shall
showcase the results of this section and serve as a user-
friendly repository of the information, resources, and best
practices generated through activities conducted under this
section; and
``(2) prepare, publish, and disseminate to Congress and the
public at least once every 5 years, a report that summarizes
key findings and policy issues from the activities conducted
under this section, including as such activities relate to
international and foreign language education and outcomes.''.
(c) Discontinuation of Foreign Information Access Program.--Part A
of title VI of the Higher Education Act of 1965 (20 U.S.C. 1121 et
seq.) is further amended by striking sections 606 and 610, and
redesignating sections 607, 608, and 609 as sections 606, 607, and 608,
respectively.
SEC. 6002. GLOBAL BUSINESS AND PROFESSIONAL EDUCATION PROGRAMS.
(a) Findings; Purpose.--Section 611 of the Higher Education Act of
1965 (20 U.S.C. 1130) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) the future welfare of the United States will depend
substantially on increasing international and global skills in
business, educational, and other professional communities and
creating an awareness among the American public of the
internationalization of our economy and numerous other
professional areas important to the national interest;'';
(B) by amending paragraph (2) to read as follows:
``(2) concerted efforts are necessary to engage business
and other professional education and technical training
programs, language, area, and global study programs,
professional international affairs education programs, public
and private sector organizations, and United States' business
community in a mutually productive relationship which benefits
the Nation's future economic and security interests;'';
(C) in paragraph (3), by striking ``and the
international'' and inserting ``and other professional
fields and the international and global''; and
(D) in paragraph (4)--
(i) by inserting ``, as well as other
professional organizations'' after
``departments of commerce''; and
(ii) by inserting ``or other professions''
after ``business''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``and economic enterprise''
and inserting ``, economic enterprise, and
security''; and
(ii) by inserting ``and other
professional'' before ``personnel''; and
(B) in paragraph (2), by striking ``to prosper in
an international'' and inserting ``and other
professional fields to prosper in a global''.
(b) Professional and Technical Education for Global
Competitiveness.--Section 613 of the Higher Education Act of 1965 (20
U.S.C. 1130a) is amended to read as follows:
``SEC. 613. PROFESSIONAL AND TECHNICAL EDUCATION FOR GLOBAL
COMPETITIVENESS.
``(a) Purpose.--The purpose of this section is to support
innovative strategies that provide undergraduate and graduate students
with the global professional competencies, perspectives, and skills
needed to strengthen and enrich global engagement and competitiveness
in a wide variety of professional and technical fields important to the
national interest.
``(b) Program Authorized.--The Secretary shall make grants to, or
enter into contracts with eligible entities to pay the Federal share of
the cost of programs designed to--
``(1) establish an interdisciplinary global focus in the
undergraduate and graduate curricula of business, science,
technology, engineering, and other professional education and
technical training programs to be determined by the Secretary
based on national needs;
``(2) produce graduates with proficiencies in both the
global aspects of their professional education or technical
training fields and international, cross-cultural, and foreign
language skills; and
``(3) provide appropriate services to or partnerships with
the corporate, government, and nonprofit communities in order
to expand knowledge and capacity for global engagement and
competitiveness and provide internship or employment
opportunities for students and graduates with international
skills.
``(c) Mandatory Activities.--An eligible entity that receives a
grant under this section shall use the grant to carry out the
following:
``(1) With respect to undergraduate or graduate
professional education and technical training curricula,
incorporating--
``(A) foreign language programs that lead to
proficiency, including immersion opportunities;
``(B) international, area, or global studies
programs;
``(C) education, internships, or other innovative
or technological linkages abroad; and
``(D) global business, economic, and trade studies,
where appropriate.
``(2) Innovating and improving international, global, and
foreign language education curricula to serve the needs of
business and other professional and nonprofit communities,
including development of new programs for nontraditional, mid-
career, or part-time students.
``(3) Establishing education or internship abroad programs,
domestic globally focused internships, or other innovative
approaches to enable undergraduate or graduate students in
professional education or technical training to develop foreign
language skills and knowledge of foreign cultures, societies,
and global dimensions of their professional fields.
``(4) Developing collaborations between institutions of
higher education and corporations or nonprofit organizations in
order to strengthen engagement and competitiveness in global
business, trade, or other global professional activities.
``(d) Discretionary Activities.--An eligible entity that receives a
grant under this section may use the grant to carry out the following:
``(1) Developing specialized teaching materials and
courses, including foreign language and area or global studies
materials, and innovative technological delivery systems
appropriate for professionally oriented students.
``(2) Establishing student fellowships or other innovative
support opportunities, including for underrepresented
populations, first generation college students (defined in
section 402A(h)), and heritage learners, for education and
training in global professional development activities.
``(3) Developing opportunities or fellowships for faculty
or junior faculty of professional education or technical
training (including the faculty of minority-serving
institutions or community colleges) to acquire or strengthen
international and global skills and perspectives.
``(4) Creating institutes that take place over academic
breaks, like the summer, including through technological means,
and cover foreign language, world area, global, or other
international studies in learning areas of global business,
science, technology, engineering, or other professional
education and training fields.
``(5) Internationalizing curricula at minority-serving
institutions or community colleges to further the purposes of
this section.
``(6) Establishing international linkages or partnerships
with institutions of higher education, corporations, or
organizations that contribute to the objectives of this
section.
``(7) Developing programs to inform the public of
increasing global interdependence in professional education and
technical training fields.
``(8) Establishing trade education programs through
agreements with regional, national, global, bilateral, or
multilateral trade centers, councils, or associations.
``(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and including such information as the Secretary may
reasonably require, including assurances that--
``(1) each proposed project will be self-sustainable after
the grant term is completed;
``(2) the institution of higher education will use the
assistance provided under this section to supplement and not
supplant activities described in subsection (c) or (d) that are
conducted by the institution of higher education;
``(3) in the case of eligible entities that are consortia
of institutions of higher education, or partnership described
in subsection (g)(1)(C), a copy of their partnership agreement
that demonstrates compliance with subsection (c) will be
provided to the Secretary;
``(4) the activities funded by the grant will reflect
diverse perspectives and a wide range of views of world regions
and international affairs where applicable; and
``(5) if applicable, a demonstration of why the eligible
entity needs a waiver or reduction of the matching requirement
under subsection (f).
``(f) Matching Requirement.--
``(1) In general.--The Federal share of the total cost for
carrying out a program supported by a grant under this section
shall be not more than 50 percent of the total cost of the
project.
``(2) Non-federal share contributions.--The non-Federal
share of such cost may be provided either in-kind or in cash,
from institutional and non-institutional funds, including
contributions from State and private sector corporations,
nonprofits, or foundations.
``(3) Special rule.--The Secretary may waive or reduce the
share required under paragraph (1) for eligible entities that--
``(A) are minority-serving institutions or are
community colleges; or
``(B) have submitted a grant application as
required by subsection (e) that demonstrates a need for
such a waiver or reduction.
``(g) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) an institution of higher education;
``(B) a consortia of such institutions; or
``(C) a partnership between--
``(i) an institution of higher education or
a consortia of such institutions; and
``(ii) at least one corporate or nonprofit
entity.
``(2) Professional education and technical training.--The
term `professional education and technical training' means a
program at an institution of higher education that offers
undergraduate, graduate, or postgraduate level education in a
professional or technical field that is determined by the
Secretary as meeting a national need for global or
international competency (which may include business, science,
technology, engineering, law, health, energy, environment,
agriculture, transportation, or education).
``(h) Funding Rule.--Notwithstanding any other provision of this
title, funds made available to the Secretary for a fiscal year may not
be obligated or expended to carry out this section unless the funds
appropriated for such fiscal year to carry out this title exceeds
$65,103,000.''.
(c) Discontinuation of Certain Authorizations of Appropriations.--
Part B of the Higher Education Act of 1965 (20 U.S.C. 1130 et seq.) is
further amended by striking section 614.
SEC. 6003. REPEAL OF ASSISTANCE PROGRAM FOR INSTITUTE FOR INTERNATIONAL
PUBLIC POLICY.
Part C of title VI of the Higher Education Act of 1965 (20 U.S.C.
1131 et seq.) is repealed.
SEC. 6004. GENERAL PROVISIONS.
(a) Definitions.--Section 631(a) of the Higher Education Act of
1965 (20 U.S.C. 1132(a)) is amended--
(1) in paragraph (9), by striking ``and'' at the end;
(2) in paragraph (10), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(11) the term `community college' has the meaning given
the term `junior or community college' in section 312(f);
``(12) the term `heritage student' means a postsecondary
student who--
``(A) was born in the United States to immigrant
parents or immigrated to the United States at an early
age;
``(B) is proficient in English, but raised in a
family primarily speaking 1 or more languages of the
country of origin; and
``(C) maintains a close affinity with the family's
culture and language of origin; and
``(13) the term `minority-serving institution' means an
institution of higher education that is eligible to receive a
grant under part A or B of title III or title V.''.
(b) Minority-Serving Institutions.--Part D of title VI of the
Higher Education Act of 1965 (20 U.S.C. 1132 et seq.) is amended--
(1) by striking section 637;
(2) by redesignating section 638 as section 637; and
(3) by inserting after section 637, as so redesignated, the
following:
``SEC. 638. PRIORITY TO MINORITY-SERVING INSTITUTIONS.
``(a) Priority.--In seeking applications and awarding grants under
this title, the Secretary, may give priority to--
``(1) minority-serving institutions; or
``(2) institutions of higher education that apply for such
grants that propose significant and sustained collaborative
activities with one or more minority-serving institutions.
``(b) Technical Assistance.--The Secretary shall provide technical
assistance to minority-serving institutions to ensure maximum
distribution of grants to eligible minority-serving institutions and
among each category of such institutions.''.
(c) Authorization of Appropriations.--Part D of title VI of the
Higher Education Act of 1965 (20 U.S.C. 1132 et seq.) is further
amended by adding at the end the following new section:
``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Subject to subsection (b), there are authorized
to be appropriated to carry out this title $125,000,000 for fiscal year
2021 and each of the 5 succeeding fiscal years.
``(b) Adjustment for Inflation.--
``(1) In general.--The amount authorized to be appropriated
under subsection (a) for fiscal year 2022 and each of the 4
succeeding fiscal years shall be deemed increased by a
percentage equal to the annual adjustment percentage.
``(2) Definition.--In this subsection, the term `annual
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 prior to the
beginning of that fiscal year.''.
TITLE VII--GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS
SEC. 7001. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED.
Section 716 of the Higher Education Act of 1965 (20 U.S.C. 1135e)
is amended by striking ``2009'' and inserting ``2021''.
SEC. 7002. GRADUATE EDUCATION PROGRAMS.
(a) HBCU.--Section 723 of the Higher Education Act of 1965 (20
U.S.C. 1136a) is amended--
(1) in subsection (b)(1), by adding at the end the
following:
``(S) Each institution not listed under
subparagraphs (A) through (R) that is eligible to
receive funds under part B of title III and that offers
a qualified masters degree program.'';
(2) in subsection (e), by striking ``or 724'' and inserting
``or 724, or subpart 5 or 6 of this part''; and
(3) in subsection (f)(3)--
(A) by striking ``any amount in excess of
$9,000,000'' and inserting ``after the application of
paragraph (2), the remaining amount''; and
(B) by striking ``(R)'' and inserting ``(S)''.
(b) Predominantly Black Institutions.--Section 724 of the Higher
Education Act of 1965 (20 U.S.C. 1136b) is amended--
(1) in subsection (b)(1), by adding at the end the
following:
``(F) Each institution not listed in subparagraph
(A) through (E) that is eligible to receive funds under
section 318 and that offers a qualified masters degree
program.'';
(2) in subsection (e), by striking ``or 723'' and inserting
``or 723, or subpart 5 or 6''; and
(3) in subsection (f)(3), in the matter preceding
subparagraph (A)--
(A) by striking ``any amount in excess of
$2,500,000'' and inserting ``after the application of
paragraph (2), any remaining amount''; and
(B) by striking ``(E)'' and inserting ``(F)''.
(c) Enhancing Support for Asian American and Native American
Pacific Islander-serving Institutions and Tribal Colleges and
Universities.--Part A of title VII of the Higher Education Act of 1965
(20 U.S.C. 1134 et seq.) is amended--
(1) in section 731--
(A) by striking ``1 through 4'' each place it
appears (including in the section heading) and
inserting ``1 through 6''; and
(B) by striking ``subpart 1, 2, 3, or 4'' and
inserting ``subparts 1 through 6'';
(2) by redesignating subpart 5 as subpart 7;
(3) by redesignating section 731 as section 735; and
(4) by inserting after subpart 4 the following:
``Subpart 5--Graduate Opportunities at Asian American and Native
American Pacific Islander Serving Institutions
``SEC. 726. GRANT PROGRAM ESTABLISHED.
``(a) In General.--Subject to the availability of funds
appropriated to carry out this subpart, the Secretary shall award
grants, on a competitive basis, to eligible institutions to enable the
eligible institutions to carry out the activities described in section
727.
``(b) Award of Grant Funds.--Of the funds appropriated to carry out
this subpart for a fiscal year, the Secretary--
``(1) shall reserve--
``(A) not less than one-third of such funds to
award grants to carry out the activities described in
section 727(b); and
``(B) not less than one-third of such funds to
award grants to carry out the activities described in
section 727(c); and
``(2) may use the amount of funds remaining after the
reservation required under paragraph (1) to award grants to
carry out the activities described in subsections (b) and (c)
of section 727.
``(c) Duration.--Grants under this subpart shall be awarded for a
period not to exceed five years.
``(d) Limitation on Number of Awards.--The Secretary may not award
more than one grant under this subpart in any fiscal year to any Asian
American and Native American Pacific Islander-serving institutions.
``(e) Application.--Any eligible institution may apply for a grant
under this subpart by submitting an application to the Secretary at
such time and in such manner as the Secretary may require. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities for Asian American
and Native American Pacific Islander and low-income students.
``(f) Interaction With Other Grant Programs.--No institution that
is eligible for and receives an award under section 326, 512, 723, or
724, or subpart 6 of this part for a fiscal year shall be eligible to
apply for a grant, or receive grant funds, under this subpart for the
same fiscal year.
``(g) Eligible Institution Defined.--For the purposes of this
subpart, an `eligible institution' means an institution of higher
education that--
``(1) is an Asian-American and Native American Pacific
Islander-serving institution (as defined in section 320); and
``(2) offers a postbaccalaureate certificate or
postbaccalaureate degree granting program.
``SEC. 727. USE OF FUNDS.
``(a) In General.--
``(1) Activities.--An eligible institution that receives a
grant under this subpart shall use such funds to carry out--
``(A) one or more of the activities described in
subsection (b); or
``(B) one or more of the activities described in
subsection (c).
``(2) Requirement.--An eligible institution that receives a
grant under this subpart may not use such funds for activities
under both subsections (b) and (c).
``(b) Graduate Program Activities.--Grants awarded under this
subpart may be used for one or more of the following activities
promoting postbaccaulaureate opportunities for Asian American and
Native American Pacific Islander students:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for low-income postbaccalaureate students
including outreach, academic support services and mentoring,
scholarships, fellowships, and other financial assistance to
permit the enrollment of such students in postbaccalaureate
certificate and postbaccalaureate degree granting programs.
``(5) Creating or improving facilities for Internet or
other distance education technologies, including purchase or
rental of telecommunications technology equipment or services.
``(6) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and
postbaccalaureate degree offerings.
``(7) Other activities proposed in the application
submitted pursuant to section 726 that--
``(A) contribute to carrying out the purposes of
this subpart; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``(c) Faculty Development Activities.--Grants awarded under this
subpart may be used for one or more of the following activities for
faculty development:
``(1) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(2) Financial support to graduate students planning to
pursue academic careers who desire to become faculty at Asian
American and Native American Pacific Islander-serving
institutions.
``(3) Career services in preparing for an academic career
and identifying opportunities.
``(4) Developing partnerships between Asian American and
Native American Pacific Islander-serving institutions to
facilitate connections between graduate students and hiring
institutions.
``(5) Faculty recruitment efforts with an emphasis on
graduates from Asian American and Native American Pacific
Islander-serving institutions and other minority-serving
institutions.
``(6) Recruitment and retention incentives to allow Asian
American and Native American Pacific Islander-serving
institutions to make competitive offers to potential faculty,
including use of funds for student loan repayment.
``(7) Research support for early career faculty.
``(8) Other activities proposed in the application
submitted pursuant to section 726 that--
``(A) contribute to carrying out the purposes of
this subpart; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``SEC. 728. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subpart
$30,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal
years.
``Subpart 6--Graduate Opportunities at Tribal Colleges and Universities
``SEC. 729. GRANT PROGRAM ESTABLISHED.
``(a) In General.--Subject to the availability of funds
appropriated to carry out this subpart, the Secretary shall award
grants, on a competitive basis, to eligible institutions to enable the
eligible institutions to carry out the activities described in section
730.
``(b) Award of Grant Funds.--Of the funds appropriated to carry out
this subpart for a fiscal year, the Secretary--
``(1) shall reserve--
``(A) not less than one-third of such funds to
award grants to carry out the activities described in
section 730(b); and
``(B) not less than one-third of such funds to
award grants to carry out the activities described in
section 730(c); and
``(2) may use the amount of funds remaining after the
reservation required under paragraph (1) to award grants to
carry out the activities described in subsections (b) and (c)
of section 730.
``(c) Duration.--Grants under this part shall be awarded for a
period not to exceed five years.
``(d) Limitation on Number of Awards.--The Secretary may not award
more than one grant under this subpart in any fiscal year to any Tribal
College and University.
``(e) Application.--Any eligible institution may apply for a grant
under this subpart by submitting an application to the Secretary at
such time and in such manner as the Secretary may require. Such
application shall demonstrate how the grant funds will be used to
improve postbaccalaureate education opportunities for American Indian
and Alaska Native students.
``(f) Interaction With Other Grant Programs.--No institution that
is eligible for and receives an award under section 326, 512, 723, or
724, or subpart 5 of this part for a fiscal year shall be eligible to
apply for a grant, or receive grant funds, under this section for the
same fiscal year.
``(g) Eligible Institution Defined.--For the purposes of this
subpart, an `eligible institution' means an institution of higher
education that--
``(1) is a Tribal College or University (as defined in
section 316); and
``(2) offers a postbaccalaureate certificate or
postbaccalaureate degree granting program.
``SEC. 730. USE OF FUNDS.
``(a) In General.--
``(1) Activities.--An eligible institution that receives a
grant under this subpart shall use such funds to carry out--
``(A) one or more of the activities described in
subsection (b); or
``(B) one or more of the activities described in
subsection (c).
``(2) Requirement.--An eligible institution that receives a
grant under this subpart may not use such funds for activities
under both subsections (b) and (c).
``(b) Graduate Program Activities.--Grants awarded under this
subpart may be used for one or more of the following activities
promoting postbaccalaureate opportunities for American Indian and
Alaska Native students:
``(1) Purchase, rental, or lease of scientific or
laboratory equipment for educational purposes, including
instructional and research purposes.
``(2) Construction, maintenance, renovation, and
improvement of classrooms, libraries, laboratories, and other
instructional facilities, including purchase or rental of
telecommunications technology equipment or services.
``(3) Purchase of library books, periodicals, technical and
other scientific journals, microfilm, microfiche, and other
educational materials, including telecommunications program
materials.
``(4) Support for American Indian and Alaska Native
postbaccalaureate students including outreach, academic support
services and mentoring, scholarships, fellowships, and other
financial assistance to permit the enrollment of such students
in postbaccalaureate certificate and postbaccalaureate degree
granting programs.
``(5) Creating or improving facilities for Internet or
other distance education technologies, including purchase or
rental of telecommunications technology equipment or services.
``(6) Collaboration with other institutions of higher
education to expand postbaccalaureate certificate and
postbaccalaureate degree offerings.
``(7) Other activities proposed in the application
submitted pursuant to section 729 that--
``(A) contribute to carrying out the purposes of
this subpart; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``(c) Faculty Development Activities.--Grants awarded under this
subpart may be used for one or more of the following activities for
faculty development:
``(1) Support of faculty exchanges, faculty development,
faculty research, curriculum development, and academic
instruction.
``(2) Financial support to graduate students planning to
pursue academic careers who desire to become faculty at Tribal
Colleges and Universities.
``(3) Career services in preparing for an academic career
and identifying opportunities.
``(4) Developing partnerships between Tribal Colleges and
Universities to facilitate connections between graduate
students and hiring institutions.
``(5) Faculty recruitment efforts with an emphasis on
graduates from Tribal Colleges and Universities and other
minority-serving institutions.
``(6) Recruitment and retention incentives to allow Tribal
Colleges and Universities to make competitive offers to
potential faculty, including use of funds for student loan
repayment.
``(7) Research support for early career faculty.
``(8) Other activities proposed in the application
submitted pursuant to section 729 that--
``(A) contribute to carrying out the purposes of
this subpart; and
``(B) are approved by the Secretary as part of the
review and acceptance of such application.
``SEC. 731. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this subpart
$5,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal
years.''.
SEC. 7003. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDUCATION.
Section 745 of the Higher Education Act of 1965 (20 U.S.C. 1138d)
is amended by striking ``2009'' and inserting ``2021''.
SEC. 7004. MINORITY-SERVING INSTITUTIONS INNOVATION FUND.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is amended by inserting after part B the following:
``PART C--FUNDING INNOVATIONS AT MINORITY-SERVING INSTITUTIONS
``SEC. 751. PURPOSE.
``It is the purpose of this part to assist minority-serving
institutions in planning, developing, implementing, validating, and
replicating innovations that provide solutions to persistent challenges
in enabling economically and educationally disadvantaged students to
enroll in, persist through, and graduate from college, including
innovations designed to--
``(1) increase the successful recruitment at minority-
serving institutions of--
``(A) students from low-income families of all
races;
``(B) students who begin college when over 21 years
of age; and
``(C) military-affiliated students;
``(2) increase the rate at which students enrolled in
minority-serving institutions make adequate or accelerated
progress toward graduation, and successfully graduate from such
institutions;
``(3) increase the number of students pursuing and
completing degrees in science, technology, engineering, and
mathematics at minority-serving institutions and pursuing
graduate work in such fields, including through the
establishment of innovation ecosystems on the campuses of such
institutions;
``(4) redesign course offerings and other instructional
strategies at minority-serving institutions to improve student
outcomes and reduce postsecondary education costs;
``(5) enhance the quality and number of traditional and
alternative route teacher preparation programs offered by
minority-serving institutions;
``(6) expand the effective use of technology at minority-
serving institutions; and
``(7) strengthen postgraduate employment outcomes for
students enrolled in minority-serving institutions.
``SEC. 752. DEFINITION.
``In this part:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a minority-serving institution; or
``(B) a consortium of a minority-serving
institution and--
``(i) one or more other institutions of
higher education;
``(ii) a private nonprofit organization;
``(iii) a local educational agency;
``(iv) a high school that--
``(I) receives funding under part A
of title I of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.); and
``(II) has been identified for
comprehensive support and improvement
under section 1111(c)(4)(D)(i) of such
Act (20 U.S.C. 6311(c)(4)(D)(i)); or
``(v) any combination of the entities
described in clauses (i) through (iv).
``(2) Minority serving institution.--The term `minority
serving institution' means an institution of higher education
described in paragraph (1), (2), (3), (4), (5), (6), or (7) of
section 371(a).
``SEC. 753. GRANTS AUTHORIZED.
``(a) In General.--Except as provided in subsection (b)(2), with
the funds made available for this part under section 757, the Secretary
shall make planning and implementation grants, as described in
subsections (b) and (c), to eligible entities to enable such entities
to plan for the implementation of, in the case of a planning grant, and
implement, in the case of an implementation grant, innovations
described in section 751 and to support the planning, development,
implementation, validation, scaling up, and replication of such
innovations.
``(b) Planning Grants.--
``(1) In general.--Except as provided in paragraph (2),
with the funds made available under section 757 for a fiscal
year, the Secretary shall use not more than 5 percent or
$42,500,000 (whichever is greater) to award planning grants to
enable eligible entities to plan, design, and develop
innovations described in section 751.
``(2) Type of institution.--Planning grants shall be
awarded to minority-serving institutions in proportion to the
allocations made in subparagraphs (A) through (G) of section
757(1).
``(3) Order of consideration.--Subject to paragraph (2) and
the priority described in section 755(a), planning grants shall
be awarded to eligible entities satisfying the application
requirements under section 754 in the order in which received
by the Secretary.
``(4) Duration.--A planning grant authorized under this
subsection shall be for the duration of 1 year.
``(5) Grant amounts.--Each planning grant authorized under
this subsection shall be in an amount that is not more than
$150,000.
``(c) Implementation Grants.--
``(1) In general.--With funds made available for this part
under section 757, the Secretary shall award implementation
grants on a competitive basis to enable eligible entities to
further develop, pilot, field-test, implement, document,
validate, and, as applicable, scale up and replicate,
innovations described in section 751.
``(2) Duration.--An implementation grant authorized under
this subsection shall be for a duration of 5 years, except that
the Secretary may not continue providing funds under the grant
after year 3 of the grant period unless the eligible entity
demonstrates that the entity has achieved satisfactory progress
toward carrying out the educational innovations, activities,
and projects described in their application pursuant to section
754(d), as determined by the Secretary.
``(3) Grant amount.--Each implementation grant authorized
under this subsection shall be in an amount sufficient to
enable the eligible entity to achieve the purposes of its
proposed activities and projects, but shall not exceed
$10,000,000.
``(d) Special Rules for Consortiums.--
``(1) Fiscal agent.--
``(A) In general.--In the case of an eligible
entity applying for a grant under this part as a
consortium, each member of the consortium shall agree
on 1 such member of such eligibility entity to serve as
a fiscal agent of such entity.
``(B) Responsibilities.--The fiscal agent of an
eligible entity, as described in subparagraph (A),
shall act on behalf of such entity in performing the
financial duties of such entity under this part.
``(C) Written agreement.--The agreement described
in subparagraph (A) shall be in writing and signed by
each member of the consortium.
``(2) Subgrants.--In the case of an eligible entity
applying for a grant under this part as a consortium, the
fiscal agent for such entity (as described in paragraph (1))
may use the funds provided by the grant to make subgrants to
members of the consortium.
``SEC. 754. APPLICATIONS.
``(a) In General.--An eligible entity desiring to receive a grant
under this part shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may reasonably require.
``(b) Consortium Entities.--An application under this section which
is submitted by an eligible entity applying as a consortium shall
include the written agreement described in section 753(d)(1)(C).
``(c) Planning Grants.--The Secretary shall ensure that the
application requirements under this section for a planning grant
authorized under section 753(b) include, in addition to the requirement
in subsection (b) (if applicable), only those minimal requirements that
are necessary to review the proposed process of an eligible entity for
the planning, design, and development of one or more of the innovations
described in section 751.
``(d) Implementation Grants.--An application under this section for
an innovation grant authorized under section 753(c) shall include, in
addition to the requirement under subsection (b) (if applicable),
descriptions of--
``(1) each innovation described in section 751 that the
eligible entity would implement using the funds made available
by such grant, including, as applicable, a description of the
evidence base supporting such innovation;
``(2) how each such innovation will address the purpose of
this part, as described in section 751, and how each such
innovation will further the institutional or organizational
mission of the minority-serving institution that is part of the
eligible entity;
``(3) the specific activities that the eligible entity will
carry out with funds made available by such grant, including,
in the case of an eligible entity applying as a consortium, a
description of the activities that each member of the
consortium will carry out and a description of the capacity of
each such member to carry out those activities;
``(4) the performance measures that the eligible entity
will use to track its progress in implementing each such
innovation, including a description of how the entity will
implement those performance measures and use information on
performance to make adjustments and improvements to its
implementation activities, as needed, over the course of the
grant period;
``(5) how the eligible entity will provide for an
independent evaluation of the implementation and impact of the
projects funded by such grant, including--
``(A) an interim report (evaluating the progress
made in the first 3 years of the grant); and
``(B) a final report (completed at the end of the
grant period); and
``(6) the plan of the eligible entity for continuing each
proposed innovation after the grant has ended.
``SEC. 755. PRIORITY.
``(a) Planning Grants.--In awarding planning grants under this
part, the Secretary shall give priority to applications that were
submitted with respect to the prior award year, but did not receive a
planning grant due to insufficient funds.
``(b) Implementation Grants.--In awarding implementation grants
under this part, the Secretary shall give--
``(1) first priority to applications for programs at
minority-serving institutions that have not previously received
an implementation grant under this part; and
``(2) second priority to applications that address issues
of major national need, including--
``(A) innovative partnerships between minority-
serving institutions and local educational agencies
that are designed to increase the enrollment of
historically underrepresented populations in higher
education;
``(B) educational innovations designed to increase
the rate of postsecondary degree attainment for
populations within minority groups that have low
relative rates of postsecondary degree attainment;
``(C) educational innovations that support programs
and initiatives at minority-serving institutions to
enhance undergraduate and graduate programs in science,
technology, engineering, and mathematics;
``(D) innovative partnerships between minority-
serving institutions and other organizations to
establish innovation ecosystems in support of economic
development, entrepreneurship, and the
commercialization of technology supported by research
funded through this grant;
``(E) educational innovations that enhance the
quality and number of traditional and alternative route
teacher preparation programs at minority-serving
institutions to enable teachers to be highly effective
in the classroom and to enable such programs to meet
the demands for diversity and accountability in teacher
education; and
``(F) educational innovations that strengthen
postgraduate employment outcomes of minority-serving
institutions through the implementation of
comprehensive and strategic career pathways for
students.
``SEC. 756. USES OF FUNDS.
``(a) Planning Grants.--An eligible entity receiving a planning
grant under section 753(b) shall use funds made available by such grant
to conduct an institutional planning process that includes--
``(1) an assessment of the needs of the minority-serving
institution;
``(2) research on educational innovations described in
section 751 that will meet the needs described in paragraph
(1);
``(3) the selection of one or more such educational
innovations for implementation;
``(4) an assessment of the capacity of the minority-serving
institution to implement such educational innovation; and
``(5) activities to further develop such capacity.
``(b) Implementation Grants.--An eligible entity receiving an
implementation grant under section 753(c) shall use the funds made
available by such grant to further develop, pilot, field-test,
implement, document, validate, and, as applicable, scale up, and
replicate innovations described in section 751, such as innovations
designed to--
``(1) create a college-bound culture at secondary schools
(including efforts targeting high-achieving students from low-
income families) through activities undertaken in partnership
with local educational agencies and nonprofit organizations,
such as--
``(A) activities that promote postsecondary school
awareness, including recruitment, organizing campus
visits, and providing assistance with entrance and
financial aid application completion; and
``(B) postsecondary school preparation efforts such
as--
``(i) aligning high school coursework and
high school graduation requirements with the
requirements for entrance into credit-bearing
coursework at 4-year institutions of higher
education;
``(ii) early identification and support for
students at risk of not graduating from high
school, or at risk of requiring remediation
upon enrolling in postsecondary education; and
``(iii) dual-enrollment programs;
``(2) improve student achievement, such as through
activities designed to increase the number or percentage of
students who successfully complete developmental or remedial
coursework (which may be accomplished through the evidence-
based redesign of such coursework) and pursue and succeed in
postsecondary studies;
``(3) increase the number of minority males who attain a
postsecondary degree, such as through evidence-based
interventions that integrate academic advising with social and
cultural supports and assistance with job placement;
``(4) increase the number or percentage of students who
make satisfactory or accelerated progress toward graduation
from postsecondary school and the number or percentage who
graduate from postsecondary school on time, such as through the
provision of comprehensive academic and nonacademic student
support services.
``(5) activities to promote a positive climate on campuses
of institutions of higher education and to increase the sense
of belonging among eligible students, including through first
year support programs such as mentoring and peer networks and
advisories;
``(6) increase the number or percentage of students,
particularly students who are members of historically
underrepresented populations, who enroll in science,
technology, engineering, and mathematics courses, graduate with
degrees in such fields, and pursue advanced studies in such
fields;
``(7) develop partnerships between minority-serving
institutions and other organizations to establish innovation
ecosystems in support of economic development,
entrepreneurship, and the commercialization of technology
supported by funded research;
``(8) implement evidence-based improvements to courses,
particularly high-enrollment courses, to improve student
outcomes and reduce education costs for students, including
costs of remedial courses;
``(9) enhance the quality and number of traditional and
alternative route teacher and school leader preparation
programs at minority-serving institutions that enable graduates
to be profession-ready and highly effective in the classroom
and to enable such programs to meet the demands for diversity
and accountability in educator preparation;
``(10) expand the effective use of technology in higher
education, such as through collaboration between institutions
on implementing technology-enabled delivery models (including
hybrid models) or through the use of open educational resources
and digital content;
``(11) strengthen postgraduate employment outcomes through
the implementation of comprehensive and strategic career
pathways for students, which may include aligning curricula
with workforce needs, experiential learning, integration of
career services, and developing partnerships with employers and
business organizations; and
``(12) provide a continuum of solutions by incorporating
activities that address multiple objectives described in
paragraphs (1) through (11).
``SEC. 757. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out activities
under this part $850,000,000 for fiscal year 2021 and each of the 5
succeeding fiscal years, to be allocated as follows:
``(1) for institutions described in paragraph (1) of
section 371(a), $224,987,083;
``(2) for institutions described in paragraph (2) of
section 371(a), $214,446,428;
``(3) for institutions described in paragraph (3) of
section 371(a), $78,056,743;
``(4) for institutions described in paragraph (4) of
section 371(a), $20,662,079;
``(5) for institutions described in paragraph (5) of
section 371(a), $130,859,834;
``(6) for institutions described in paragraph (6) of
section 371(a), $122,305,533; and
``(7) for institutions described in paragraph (7) of
section 371(a), $58,682,300.''.
SEC. 7005. DEFINITIONS.
Section 760 of the Higher Education Act of 1965 (20 U.S.C. 1140) is
amended to read as follows:
``SEC. 760. DEFINITIONS.
``In this part:
``(1) Comprehensive transition and postsecondary program
for students with intellectual disabilities.--The term
`comprehensive transition and postsecondary program for
students with intellectual disabilities' means a program that
leads to a degree, certificate, or recognized postsecondary
credential issued by an institution of higher education that
meets each of the following requirements:
``(A) Is offered by an institution of higher
education.
``(B) Is designed to support students with
intellectual disabilities who are seeking to continue
academic, career and technical, and independent living
instruction at an institution of higher education in
order to prepare for gainful employment and competitive
integrated employment.
``(C) Includes student advising and a program of
study.
``(D) Requires students with intellectual
disabilities to participate on not less than a half-
time basis as determined by the institution, with such
participation focusing on academic and career
development components and occurring through one or
more of the following activities:
``(i) Regular enrollment in credit-bearing
courses with students without disabilities that
are offered by the institution.
``(ii) Auditing or participating in courses
with students without disabilities that are
offered by the institution and for which the
student does not receive regular academic
credit.
``(iii) Enrollment in noncredit-bearing,
nondegree courses with students without
disabilities.
``(iv) Participation in internships,
registered apprenticeships, or work-based
experiences in competitive integrated settings
for a semester, or multiple semesters.
``(E) Requires students with intellectual
disabilities to be socially and academically integrated
with students without disabilities to the maximum
extent practicable.
``(F) Does not require the work components (ii) to
occur each semester.
``(2) Disability.--The term `disability' has the meaning
given such term in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101.
``(4) Office of accessibility.--The term `Office of
Accessibility' has the meaning given to the office of
disability services of the institution or equivalent office.
``(5) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given the
term in section 101 of the Workforce Innovation and Opportunity
Act.
``(6) Student with an intellectual disability.--The term
`student with an intellectual disability' means a student--
``(A) with a cognitive impairment, characterized by
significant limitations in--
``(i) intellectual and cognitive
functioning; and
``(ii) adaptive behavior as expressed in
conceptual, social, and practical adaptive
skills;
``(B) who is currently, or was formerly, eligible
for a free appropriate public education under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.); and
``(C) or, in the case of a student who has not
currently or formerly been found eligible for a free
appropriate education under the Individuals with
Disabilities Education Act, or a student who has not
previously been found eligible as a student with an
intellectual disability under IDEA, documentation
establishing that the student has an intellectual
disability, such as--
``(i) a documented comprehensive and
individualized psycho-educational evaluation
and diagnosis of an intellectual disability by
a psychologist or other qualified professional;
or
``(ii) a record of the disability from a
local or State educational agency, or
government agency, such as the Social Security
Administration or a vocational rehabilitation
agency, that identifies the intellectual
disability.''.
SEC. 7006. SUPPORTING POSTSECONDARY FACULTY, STAFF, AND ADMINISTRATORS
IN PROVIDING ACCESSIBLE EDUCATION.
(a) Grants.--Section 762 of the Higher Education Act of 1965 (20
U.S.C. 1140b) is amended to read as follows:
``SEC. 762. GRANTS AUTHORIZED.
``(a) Competitive Grants Authorized to Support Postsecondary
Faculty, Staff, and Administrators in Providing an Accessible
Education.--
``(1) In general.--From amounts appropriated under section
765C, the Secretary shall award grants, on a competitive basis,
to institutions of higher education to enable the institutions
to carry out the activities under subsection (b).
``(2) Awards for professional development and technical
assistance.--Not less than 5 grants shall be awarded to
institutions of higher education that provide professional
development and technical assistance in order to improve access
to, and completion of, postsecondary education for students,
including students with disabilities.
``(b) Duration; Activities.--
``(1) Duration.--A grant under this section shall be
awarded for a period of 5 years.
``(2) Authorized activities.--A grant awarded under this
section shall be used to carry out one or more of the following
activities:
``(A) Teaching methods and strategies.--The
development and implementation of training to provide
innovative, effective, and evidence-based teaching
methods and strategies, consistent with the principles
of universal design for learning, to provide
postsecondary faculty, staff, and administrators with
the skills and supports necessary to teach and meet the
academic and programmatic needs of students (including
students with disabilities) in order to improve the
retention of such students in, and the completion by
such students of, postsecondary education. Such methods
and strategies may include in-service training,
professional development, customized and general
technical assistance, workshops, summer institutes,
distance learning, and training in the use of assistive
and educational technology.
``(B) Implementing accommodations.--The development
and implementation of training to provide postsecondary
faculty, staff, and administrators methods and
strategies of providing appropriate accommodations
consistent with the principles of universal design for
learning for students with disabilities, including
descriptions of legal obligations of the institution of
higher education to provide such accommodations.
``(C) Effective transition practices.--The
development and implementation of innovative,
effective, and evidence-based teaching methods and
strategies to provide postsecondary faculty, staff, and
administrators with the skills and supports necessary
to ensure the successful and smooth transition of
students with disabilities from secondary school to
postsecondary education. The teaching methods and
strategies may include supporting students in the
development of self-advocacy skills to improve
transition to, and completion of, postsecondary
education.
``(D) Distance learning.--The development and
implementation of training to provide innovative,
effective, and evidence-based teaching methods and
strategies to enable postsecondary faculty, staff, and
administrators to provide accessible distance education
programs or classes that would enhance the access of
students (including students with disabilities) to
postsecondary education, including the use of
accessible curricula and electronic communication for
instruction and advising that meet the requirements of
section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(E) Career pathway guidance.--The development and
implementation of effective and evidence-based teaching
methods and strategies to provide postsecondary
faculty, staff, and administrators with the ability to
advise students with disabilities with respect to their
chosen career pathway, which shall include at least one
of the following:
``(i) Supporting internships,
apprenticeships, or work-based learning
opportunities.
``(ii) Counseling on coursework to meet the
recognized educational credential or recognized
postsecondary credential appropriate for the
field chosen.
``(iii) Developing self-advocacy skills to
advocate for appropriate accommodations once in
the workplace.
``(iv) Support with selecting a career
pathway that leads to competitive, integrated
employment.
``(3) Mandatory evaluation and dissemination.--An
institution of higher education awarded a grant under this
section shall evaluate and disseminate to other institutions of
higher education the information obtained through the
activities described in subparagraphs (A) through (E) of
paragraph (2).
``(c) Considerations in Making Awards.--In awarding grants,
contracts, or cooperative agreements under this section, the Secretary
shall consider the following:
``(1) Geographic distribution.--Providing an equitable
geographic distribution of such awards.
``(2) Rural and urban areas.--Distributing such awards to
urban and rural areas.
``(3) Range and type of institution.--Ensuring that the
activities to be assisted are developed for a range of types
and sizes of institutions of higher education.
``(d) Reports.--
``(1) Initial report.--Not later than one year after the
date of enactment of the College Affordability Act, the
Secretary shall prepare and submit to the authorizing
committees, and make available to the public, a report on all
projects awarded grants under this part, including a review of
the activities and program performance of such projects based
on existing information as of the date of the report.
``(2) Subsequent report.--Not later than five years after
the date of the first award of a grant under this section after
the date of enactment of the College Affordability Act, the
Secretary shall prepare and submit to the authorizing
committees, and make available to the public, a report that--
``(A) reviews the activities and program
performance of the projects authorized under subsection
(b); and
``(B) provides guidance and recommendations on how
effective projects can be replicated.''.
(b) Applications.--Section 763 of the Higher Education Act of 1965
(20 U.S.C. 1140c) is amended to read as follows:
``SEC. 763. APPLICATIONS.
``Each institution of higher education desiring to receive a grant
under section 762 shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each application shall include--
``(1) a description of the activities authorized under
section 762(b) that the institution proposes to carry out, and
how such institution plans to conduct such activities in order
to further the purposes of this subpart;
``(2) a description of how the institution consulted with a
broad range of people including students with disabilities and
individuals with expertise in disability supports or special
education within the institution to develop activities for
which assistance is sought;
``(3) a description of how the institution will coordinate
and collaborate with the office of accessibility; and
``(4) a description of the extent to which the institution
will work to replicate the research-based and best practices of
institutions of higher education with demonstrated
effectiveness in serving students with disabilities.''.
SEC. 7007. OFFICE OF ACCESSIBILITY.
Subpart 1 of part D of title VII of the Higher Education Act of
1965 (20 U.S.C. 1140a et seq.) is amended--
(1) by redesignating section 765 as section 765C;
(2) by inserting after section 764 the following:
``SEC. 765A. OFFICE OF ACCESSIBILITY.
``(a) Establishment.--Each institution of higher education shall
establish an office of accessibility to develop and implement policies
to support students who enter postsecondary education with disabilities
and students who acquire a disability while enrolled in an institution
of higher education.
``(b) Duties.--Each office of accessibility shall--
``(1) inform students, during student orientation, about
services provided at the institution of higher education, and
continually update such information through the accessibility
office's website and other communications to improve
accessibility of such services;
``(2) provide information to students regarding
accommodations and modifications provided by the institution of
higher education with respect to internships, practicums, work-
based learning, apprenticeships, or other work-related
environments that--
``(A) the student may engage in through courses; or
``(B) are necessary for completion of a recognized
educational credential or recognized postsecondary
credential;
``(3) provide information to students regarding their legal
rights under the Americans with Disabilities Act (42 U.S.C.
12101 et seq.) and section 504 of the Rehabilitation Act (29
U.S.C. 794); and
``(4) in order to provide appropriate accommodations to
students with disabilities, carry out the following:
``(A) Adopt policies that, at a minimum, make any
of the following documentation submitted by an
individual sufficient to establish that such individual
is an individual with a disability:
``(i) Documentation that the individual has
had an individualized education program (in
this clause referred to as an `IEP') in
accordance with section 614(d) of the
Individuals with Disabilities Education Act (20
U.S.C. 1414(d)), including an IEP that may not
be current on the date of the determination
that the individual has a disability. The
office of accessibility may ask for additional
documentation from an individual who had an IEP
but who was subsequently evaluated and
determined to be ineligible for services under
the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.), including an
individual determined to be ineligible during
elementary school.
``(ii) Documentation describing services or
accommodations provided to the individual
pursuant to section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) (commonly referred
to as a `Section 504 plan').
``(iii) A plan or record of service for the
individual from a private school, a local
educational agency, a State educational agency,
or an institution of higher education provided
in accordance with the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.).
``(iv) A record or evaluation from a
relevant licensed professional finding that the
individual has a disability.
``(v) A plan or record of disability from
another institution of higher education.
``(vi) Documentation of a disability due to
service in the uniformed services, as defined
in section 484C(a).
``(B) Adopt policies that are transparent and
explicit regarding the process by which the institution
determines eligibility for accommodations.
``(C) Disseminate the information described in
subparagraph (B) to students, parents, and faculty--
``(i) in an accessible format;
``(ii) during student orientation; and
``(iii) by making such information readily
available on a public website of the
institution.
``(D) Provide accommodations to students with
mental health disabilities, and students with
disabilities associated with pregnancy.
``(E) Provide outreach and consult with students in
inclusive higher education.
``SEC. 765B. COMPETITIVE GRANT FOR INNOVATION AND ACCESSIBILITY.
``(a) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
765C, the Secretary may award grants on a competitive basis to
institutions of higher education to enable the institutions to
carry out the activities described under subsection (c).
``(2) Duration.--A grant under this section shall be
awarded for a period of 5 years.
``(3) Consideration in making awards.--In awarding grants
under this section, the Secretary shall consider the following:
``(A) Providing an equitable geographic
distribution of such awards.
``(B) Ensuring that the activities to be assisted
are developed for a range of types and sizes of
institutions of higher education.
``(b) Application.--Each institution of higher education desiring
to receive a grant under this section shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application shall
include--
``(1) a description of how the institution will carry out
the activities under subsection (c);
``(2) a description of the consultation the institution has
had with a broad range of people within the institution,
including students with disabilities and individuals with
expertise in disability supports or special education, in
developing the information under paragraph (1);
``(3) a plan for the sustainability of the program after
the end of the grant period; and
``(4) a written business plan for revenue and expenditures
to be provided to the Department under subsection (d).
``(c) Activities.--A grant awarded under this section shall be used
to--
``(1) develop and implement across the institution of
higher education, a universal design for learning framework for
course design and instructional materials to improve campus-
wide accessibility to instruction, materials, and the learning
environment; or
``(2) develop or improve distance education courses
consistent with the principles of universal design for learning
to improve accessibility of instruction and materials.
``(d) Reports.--
``(1) Grant recipient reports.--An institution of higher
education awarded a grant under this section shall evaluate and
disseminate to other institutions of higher education, the
information obtained through the activities described in
subsection (c).
``(2) Initial report by secretary.--Not later than one year
after the date of the enactment of this section, the Secretary
shall prepare and submit to the authorizing committees, and
make available to the public, a report on all projects awarded
grants under this section, including a review of the activities
and program performance of such projects based on existing
information as of the date of the report.
``(3) Final report by secretary.--Not later than 6 years
after the date of the first award of a grant under this
section, the Secretary shall prepare and submit to the
authorizing committees, and make available to the public, a
report that--
``(A) reviews the activities and program
performance of the projects authorized under this
section; and
``(B) provides guidance and recommendations on how
effective projects can be replicated.''; and
(3) by amending section 765C, as so redesignated, by
striking ``2009'' and inserting ``2021''.
SEC. 7008. POSTSECONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL
DISABILITIES.
(a) Purpose.--Section 766 of the Higher Education Act of 1965 (20
U.S.C. 1140f) is amended to read as follows:
``SEC. 766. PURPOSE.
``It is the purpose of this subpart to support inclusive programs
that promote the successful transition of students with intellectual
disabilities into higher education and the earning of a recognized
educational credential or recognized postsecondary credential issued by
the institution of higher education.''.
(b) Programs for Students With Intellectual Disabilities.--Section
767 of the Higher Education Act of 1965 (20 U.S.C. 1140g) is amended to
read as follows:
``SEC. 767. INCLUSIVE HIGHER EDUCATION PROGRAMS FOR STUDENTS WITH
INTELLECTUAL DISABILITIES.
``(a) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
769(a), the Secretary shall annually award grants, on a
competitive basis, to institutions of higher education (or
consortia of three or more institutions of higher education),
to enable such institutions or consortia to create or expand a
comprehensive transition and postsecondary education program
for students with intellectual disabilities.
``(2) Eligibility and appropriations limits.--
``(A) Relation to other grants.--An institution of
higher education that received a grant under this
section before the date of the enactment of the College
Affordability Act may not receive an additional grant
under this section unless--
``(i) the institution receives a grant as
part of a consortium of three or more
institutions of higher education; or
``(ii) the grant term of such preceding
grant has ended.
``(B) Limitation on amounts.--
``(i) Institution of higher education.--A
grant under this section made to an institution
of higher education may not be in an amount
greater than $300,000.
``(ii) Consortium.--A grant under this
section made to a consortia of institutions of
higher education may not be in an amount
greater than $500,000.
``(3) Administration.--The program under this section shall
be administered by the office in the Department that
administers other postsecondary education programs in
collaboration with the Office of Postsecondary Education and
the Office of Special Education and Rehabilitative Services of
the Department of Education.
``(4) Duration of grants.--A grant under this section shall
be awarded for a period of 5 years.
``(b) Application.--An institution of higher education or a
consortium desiring 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.
``(c) Award Basis.--In awarding grants under this section, the
Secretary shall--
``(1) provide for an equitable geographic distribution of
such grants;
``(2) to the extent possible, provide for an equitable
distribution of such grants between 4-year institutions of
higher education and 2-year institutions of higher education,
including community colleges;
``(3) provide grant funds for high-quality, inclusive
higher education programs for students with intellectual
disabilities, herein after referred to as inclusive higher
education programs, that will serve areas that are underserved
by programs of this type;
``(4) in the case of an institution of higher education
that provides institutionally owned or operated housing for
students attending the institution, award grants only to such
institutions that integrate students with intellectual
disabilities into the housing offered to students without
disabilities or to institutions that provide such integrated
housing through providing supports to students directly or
through partnerships with other organizations;
``(5) provide grant funds to encourage involvement of
students attending institutions of higher education in the
fields of special education, general education, vocational
rehabilitation, assistive technology, or related fields in the
program;
``(6) select applications that--
``(A) demonstrate an existing comprehensive
transition and postsecondary education program for
students with intellectual disabilities that is title
IV eligible; or
``(B) agree to establish such a program; and
``(7) give preference to applications submitted under
subsection (b) that agree to incorporate into the inclusive
higher education program for students with intellectual
disabilities carried out under the grant one or more of the
following elements:
``(A) The formation of a partnership with any
relevant agency serving students with intellectual
disabilities, such as a vocational rehabilitation
agency.
``(B) Applications that represent geographically
underserved States.
``(d) Use of Funds; Requirements.--An institution of higher
education or consortium receiving a grant under this section shall--
``(1) use the grant funds to establish an inclusive higher
education program for students with intellectual disabilities
that--
``(A) serves students with intellectual
disabilities;
``(B) provides individual supports and services for
the academic and social inclusion of students with
intellectual disabilities in academic courses,
extracurricular activities, and other aspects of the
regular postsecondary program, including access to
health and mental health services, offices of
accessibility, and graduation ceremonies;
``(C) with respect to the students with
intellectual disabilities participating in the program,
provides a focus on--
``(i) academic and career development;
``(ii) socialization and inclusion with the
general student population;
``(iii) independent living skills,
including self-advocacy skills; and
``(iv) integrated work experiences and
career skills that lead to competitive
integrated employment;
``(D) integrates person-centered planning in the
development of the course of study for each student
with an intellectual disability participating in the
program;
``(E) plans for the sustainability of the program
after the end of the grant period, with a written
business plan for revenue and expenditures to be
provided to the Department by the end of year 3; and
``(F) awards a degree, certificate, or recognized
postsecondary credential for students with intellectual
disabilities upon the completion of the program;
``(2) in the case of an institution of higher education
that provides institutionally owned or operated housing for
students attending the institution or integrated housing
through providing supports to students directly or through
partnerships with other organizations, provide for the
integration of students with intellectual disabilities into
housing offered to students without disabilities;
``(3) participate with the coordinating center established
under section 777(b) in the evaluation of the program,
including by regularly submitting data on experiences and
outcomes of individual students participating in the program;
and
``(4) partner with one or more local educational agencies
to support students with intellectual disabilities
participating in the program who are eligible for special
education and related services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.), including
the use of funds available under part B of such Act (20 U.S.C.
1411 et seq.) to support the participation of such students in
the program.
``(e) Matching Requirement.--An institution of higher education (or
consortium) that receives a grant under this section shall provide
matching funds toward the cost of the inclusive higher education
program for students with intellectual disabilities carried out under
the grant. Such matching funds may be provided in cash or in-kind, and
shall be in an amount of not less than 25 percent of the amount of such
costs.
``(f) Data Collection and Transmission.--
``(1) In general.--An institution or consortium receiving a
grant under this section shall collect and transmit to the
coordinating center established under section 777(b) on an
annual basis for each student who is enrolled in the program,
student-level information related to the experiences and
outcomes of students who participate in the inclusive higher
education program for students with intellectual disabilities.
``(2) Longitudinal data.--Each grantee shall collect
longitudinal outcome data from each student participating in
the program and transmit such data to the coordinating center
established under section 777(b). Such longitudinal data shall
be collected for every student each year for 5 years after the
student graduates from, or otherwise exits, the program.
``(3) Data to be collected.--The program-level information
and data and student-level information and data to be collected
under this subsection shall include--
``(A) the number and type of postsecondary
education courses taken and completed by the student;
``(B) academic outcomes;
``(C) competitive, integrated employment outcomes;
``(D) independent living outcomes; and
``(E) social outcomes, including community
integration.
``(4) Disaggregation.--The information determined under
paragraph (3) shall be disaggregated by race, gender,
socioeconomic status, Federal Pell Grant eligibility status,
status as a first generation college student, and veteran or
active duty status.
``(g) Report.--Not later than 5 years after the date of the first
grant awarded under this section, the Secretary shall prepare and
disseminate a report to the authorizing committees and to the public
that--
``(1) reviews the activities of the inclusive higher
education programs for students with intellectual disabilities
funded under this section; and
``(2) provides guidance and recommendations on how
effective programs can be replicated.''.
(c) Authorization of Appropriations.--Section 769(a) of the Higher
Education Act of 1965 (20 U.S.C. 1140i) is amended by striking ``2009''
and inserting ``2021''.
SEC. 7009. NATIONAL TECHNICAL ASSISTANCE CENTER AND NATIONAL
COORDINATING CENTER FOR INCLUSION OF STUDENTS WITH
INTELLECTUAL DISABILITIES.
(a) In General.--Section 777 of the Higher Education Act of 1965
(20 U.S.C. 1140q) is amended to read as follows:
``SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER AND NATIONAL
COORDINATING CENTER FOR INCLUSION OF STUDENTS WITH
INTELLECTUAL DISABILITIES.
``(a) National Technical Assistance Center.--
``(1) In general.--From amounts appropriated under
paragraph (5), the Secretary shall award a grant to, or enter
into a contract or cooperative agreement with, an eligible
entity to provide for the establishment and support of a
National Technical Assistance Center. The National Technical
Assistance Center shall carry out the duties set forth in
paragraph (4).
``(2) Administration.--The program under this section shall
be administered by the office in the Department that
administers other postsecondary education programs in
consultation with the Office of Special Education and
Rehabilitative Services.
``(3) Eligible entity.--In this subpart, the term `eligible
entity' means an institution of higher education, a nonprofit
organization, or partnership of two or more such institutions
or organizations, with demonstrated expertise in--
``(A) transitioning students with disabilities from
secondary school to postsecondary education;
``(B) supporting students with disabilities in
postsecondary education;
``(C) technical knowledge necessary for the
dissemination of information in accessible formats; and
``(D) working with diverse types of institutions of
higher education, including community colleges.
``(4) Duties.--The duties of the National Technical
Assistance Center shall include the following:
``(A) Assistance to students and families.--The
National Technical Assistance Center shall provide
information and technical assistance to students with
disabilities and the families of students with
disabilities to support students across the broad
spectrum of disabilities, including--
``(i) information to assist individuals
with disabilities who are prospective students
of an institution of higher education in
planning for postsecondary education while the
students are in secondary school;
``(ii) information and technical assistance
provided to individualized education program
teams (as defined in section 614(d)(1) of the
Individuals with Disabilities Education Act)
for secondary school students with
disabilities, and to early outreach and student
services programs, including programs
authorized under subparts 2, 4, and 5 of part A
of title IV, to support students across a broad
spectrum of disabilities with the successful
transition to postsecondary education;
``(iii) research-based supports, services,
and accommodations which are available in
postsecondary settings, including services
provided by other agencies such as vocational
rehabilitation;
``(iv) information on student mentoring and
networking opportunities for students with
disabilities; and
``(v) effective recruitment and transition
programs at postsecondary educational
institutions.
``(B) Assistance to institutions of higher
education.--The National Technical Assistance Center
shall provide information and technical assistance to
faculty, staff, and administrators of institutions of
higher education to improve the services provided to,
the accommodations for, the retention rates of, and the
completion rates of, students with disabilities in
higher education settings, which may include--
``(i) collection and dissemination of best
and promising practices and materials for
accommodating and supporting students with
disabilities, including practices and materials
supported by the grants, contracts, or
cooperative agreements authorized under
subparts 1, 2, and 3;
``(ii) development and provision of
training modules for higher education faculty
on exemplary practices for accommodating and
supporting postsecondary students with
disabilities across a range of academic fields,
which may include universal design for learning
and practices supported by the grants,
contracts, or cooperative agreements authorized
under subparts 1, 2, and 3; and
``(iii) development of technology-based
tutorials for higher education faculty and
staff, including new faculty and graduate
students, on best and promising practices
related to support and retention of students
with disabilities in postsecondary education.
``(C) Information collection and dissemination.--
The National Technical Assistance Center shall be
responsible for building, maintaining, and updating a
database of disability support services information
with respect to institutions of higher education, or
for expanding and updating an existing database of
disabilities support services information with respect
to institutions of higher education. Such database
shall be available to the general public through a
website built to high technical standards of
accessibility practicable for the broad spectrum of
individuals with disabilities. Such database and
website shall include available information on--
``(i) disability documentation
requirements;
``(ii) support services available;
``(iii) links to financial aid;
``(iv) accommodations policies;
``(v) accessible instructional materials;
``(vi) other topics relevant to students
with disabilities; and
``(vii) the information in the report
described in subparagraph (E).
``(D) Disability support services.--The National
Technical Assistance Center shall work with
organizations and individuals with proven expertise
related to disability support services for
postsecondary students with disabilities to evaluate,
improve, and disseminate information related to the
delivery of high quality disability support services at
institutions of higher education.
``(E) Review and report.--Not later than three
years after the establishment of the National Technical
Assistance Center, and every two years thereafter, the
National Technical Assistance Center shall prepare and
disseminate a report to the Secretary and the
authorizing committees analyzing the condition of
postsecondary success for students with disabilities.
Such report shall include--
``(i) a review of the activities and the
effectiveness of the programs authorized under
this part;
``(ii) annual enrollment and graduation
rates of students with disabilities in
institutions of higher education from publicly
reported data;
``(iii) recommendations for effective
postsecondary supports and services for
students with disabilities, and how such
supports and services may be widely implemented
at institutions of higher education;
``(iv) recommendations on reducing barriers
to full participation for students with
disabilities in higher education; and
``(v) a description of strategies with a
demonstrated record of effectiveness in
improving the success of such students in
postsecondary education.
``(F) Staffing of the center.--In hiring employees
of the National Technical Assistance Center, the
National Technical Assistance Center shall consider the
expertise and experience of prospective employees in
providing training and technical assistance to
practitioners.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
``(b) The National Coordinating Center for Inclusion of Students
With Intellectual Disabilities.--
``(1) Definition of eligible entity.--In this subsection,
the term `eligible entity' means an entity, or a partnership of
entities, that has demonstrated expertise in the fields of--
``(A) higher education;
``(B) the education of students with intellectual
disabilities;
``(C) the development of inclusive higher education
programs for students with intellectual disabilities;
and
``(D) evaluation and technical assistance.
``(2) In general.--From amounts appropriated under
paragraph (7), the Secretary shall enter into a cooperative
agreement, on a competitive basis, with an eligible entity for
the purpose of establishing a coordinating center for
institutions of higher education that offer inclusive higher
education programs for students with intellectual disabilities,
including institutions participating in grants authorized under
subpart 2 to provide--
``(A) recommendations related to the development of
standards for such programs;
``(B) technical assistance for such programs; and
``(C) evaluations for such programs, including
systematic collection of data on the experiences and
outcomes of individuals with intellectual disabilities.
``(3) Administration.--The program under this subsection
shall be administered by the Office of Postsecondary Education,
in collaboration with the Office of Special Education and
Rehabilitative Services.
``(4) Duration.--The Secretary shall enter into a
cooperative agreement under this subsection for a period of
five years.
``(5) Requirements of cooperative agreement.--The eligible
entity entering into a cooperative agreement under this
subsection shall establish and maintain a coordinating center
that shall--
``(A) serve as the technical assistance entity for
all inclusive higher education programs and
comprehensive transition and postsecondary programs for
students with intellectual disabilities;
``(B) provide technical assistance regarding the
development, evaluation, and continuous improvement of
such programs;
``(C) evaluate such programs using qualitative and
quantitative methodologies for measuring program
strengths in the areas of academic access, academic
enrichment, socialization, competitive integrated
employment, attainment of a degree, certificate, or
recognized postsecondary credential, and independent
living;
``(D) evaluate participant progress by creating and
maintaining a database of student-level information and
data related to the experiences and outcomes of youth
who participate in each inclusive higher education
program that receives a grant under this subpart;
``(E) create and maintain a mechanism for
continuing to collect outcome information from students
who participated in inclusive higher education programs
that were developed in previous grant award cycles;
``(F) assist recipients of a grant under this
subpart in efforts to award a degree, certificate, or
recognized postsecondary credential;
``(G) create and maintain a database of student and
program level data reflecting implementation of the
inclusive higher education program that receives a
grant under this subpart;
``(H) create and maintain a mechanism to
consolidate follow up data on student outcomes
collected by inclusive higher education programs funded
through previous grant cycles;
``(I) assist recipients of grants under subpart 2
in efforts to award a degree, certificate, or
recognized postsecondary credential to students with
intellectual disabilities upon the completion of such
programs;
``(J) identify model memoranda of agreement for use
between or among institutions of higher education and
State and local agencies providing funding for such
programs;
``(K) develop recommendations for the necessary
components of such programs, such as--
``(i) academic, career and technical,
social, and independent living skills;
``(ii) evaluation of student progress;
``(iii) program administration and
evaluation;
``(iv) student eligibility;
``(v) issues regarding the equivalency of a
student's participation in such programs to
semester, trimester, quarter, credit, or clock
hours at an institution of higher education, as
the case may be; and
``(vi) access to student housing for
students participating in the inclusive higher
education programs, including accommodations
and services that support independent living;
``(L) review and analyze--
``(i) the impact of State and Federal
policy on inclusive higher education
legislation; and
``(ii) funding streams for such programs;
``(M) provide recommendations regarding the funding
streams described in paragraph (H)(ii);
``(N) develop mechanisms for regular communication,
outreach and dissemination of information about
inclusive higher education programs for students with
intellectual disabilities under subpart 2 between or
among such programs and to families and prospective
students;
``(O) host a meeting of all recipients of grants
under subpart 2 not less often than once each year; and
``(P) convene a work group to continue the
development of and recommendations for model criteria,
standards, and components of inclusive higher education
programs and comprehensive transition and postsecondary
programs for students with intellectual disabilities,
that are appropriate for the development of
accreditation standards--
``(i) which work group shall include--
``(I) an expert in community
college education;
``(II) an expert in career
technical education;
``(III) an expert in 4-year
institutions of higher education;
``(IV) an expert in special
education;
``(V) a disability organization
that represents students with
intellectual disabilities;
``(VI) a representative from the
National Advisory Committee on
Institutional Quality and Integrity;
and
``(VII) a representative of a
regional or national accreditation
agency or association; and
``(ii) the work group will carry out the
following activities--
``(I) conduct outreach to
accrediting agencies;
``(II) develop a technical guidance
document to support implementation of
the model standards;
``(III) develop and conduct a
protocol for implementing the model
standards; and
``(IV) update recommendations for
the model standards, criteria, and
components of such programs, as
applicable.
``(6) Report.--Not later than 5 years after the date of the
establishment of the coordinating center under this subsection,
the coordinating center shall report to the Secretary, the
authorizing committees, and the National Advisory Committee on
Institutional Quality and Integrity on the activities described
in paragraph (5).
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as may be necessary for fiscal year 2021 and each of the
five succeeding fiscal years.''.
(b) Authorization of Appropriations.--Section 778 of the Higher
Education Act of 1965 (20 U.S.C. 1140r) is repealed.
SEC. 7010. FORMULA GRANTS TO STATES TO IMPROVE HIGHER EDUCATION
OPPORTUNITIES FOR FOSTER YOUTH AND HOMELESS YOUTH.
Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et
seq.) is further amended by adding at the end the following new part:
``PART F--GRANTS FOR IMPROVING ACCESS TO AND SUCCESS IN HIGHER
EDUCATION FOR FOSTER YOUTH AND HOMELESS YOUTH
``SEC. 791. DEFINITIONS.
``In this part:
``(1) Foster youth.--The term `foster youth'--
``(A) 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 foster
care maintenance payments are made under section 472 of
such Act (42 U.S.C. 672) on behalf of the individual;
and
``(B) includes any individual--
``(i) whose care and placement was the
responsibility of such a State or tribal agency
when, or at any time after, the individual
attained 13 years of age, without regard to
whether foster care maintenance payments were
made under section 472 of such Act (42 U.S.C.
672) on behalf of the individual; and
``(ii) who is no longer under the care and
responsibility of such a State or tribal
agency, without regard to any subsequent
adoption, guardianship arrangement, or other
form of permanency option.
``(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).
``(3) Indian tribe; tribal organization.--The terms `Indian
Tribe' and `tribal organization' have the meanings given the
terms in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(5) State.--The term `State' means each of the several
States and the District of Columbia.
``(6) Territory.--The term `territory' means Puerto Rico,
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``SEC. 792. FORMULA GRANTS TO STATES TO IMPROVE ACCESS TO AND SUCCESS
IN HIGHER EDUCATION FOR FOSTER YOUTH AND HOMELESS YOUTH.
``(a) Grant Program Established.--From the amount appropriated
under subsection (h), the Secretary shall make allotments under
subsection (b), to States having applications approved under subsection
(c), to enable each State to--
``(1) carry out the Statewide transition initiative
described in subsection (d); and
``(2) make subgrants described in subsection (e).
``(b) Allocations.--
``(1) Formula.--
``(A) Reservation for indian tribes and
territories.--
``(i) In general.--From the amount
appropriated under subsection (h) for a fiscal
year and subject to clause (ii), the Secretary
shall reserve--
``(I) not more than 3 percent for
grants to Indian Tribes, consortia of
Indian Tribes, or Tribal organizations;
and
``(II) not more than 2 percent for
grants to territories.
``(ii) Requirements.--In awarding grants
under this subparagraph, the Secretary--
``(I) shall not award a grant under
subclause (I) or (II) of clause (i) for
a fiscal year for which no Indian Tribe
(or consortium of Indian Tribes) or
Tribal organization, or territory,
respectively, submits a satisfactory
application for a grant under such
subclause;
``(II) shall require that any
Indian Tribe, consortium, Tribal
organization, or territory that
receives a grant under this
subparagraph provide an assurance of a
partnership among relevant education,
child welfare, and homeless agencies or
organizations; and
``(III) may determine any other
requirements with respect to such
grants (including the allocation,
application, and use of fund
requirements), which to the extent
possible, shall be consistent with the
requirements for States under this
part, except that appropriate
adjustments shall be made based on the
needs and size of populations served by
the Indian Tribe, consortium, Tribal
organization, or territory applying for
the grant.
``(B) Reservation for department activities.--From
the amount appropriated under subsection (h) for a
fiscal year, the Secretary may reserve--
``(i) not more than 7 percent to--
``(I) provide technical assistance,
in consultation with Secretary of
Health and Human Services, to States
carrying out activities under this
section; and
``(II) complete the evaluations
required by subsection (g)(1); and
``(ii) not more than 3 percent for
administrative expenses.
``(C) Allocations.--From the amount appropriated
under subsection (h) for a fiscal year and remaining
after the Secretary reserves funds under subparagraphs
(A) and (B), the Secretary shall allocate to each State
the greater of--
``(i) $500,000; or
``(ii) the amount that bears the same
proportion to the remaining appropriated amount
for such fiscal year as the number of foster
youth and homeless youth in the State bears to
the number of foster youth and homeless youth
in all States.
``(D) Ratable reduction.--If the amount
appropriated under subsection (h) for a fiscal year and
remaining after the Secretary reserves funds under
subparagraphs (A) and (B) is less than the amount
required to be allocated to States under subparagraph
(C), then the amount of the allocation to each State
shall be ratably reduced.
``(2) State reservation.--From the amounts awarded a State
under paragraph (1)(C) for a fiscal year, the State may reserve
not more than 5 percent for administrative expenses.
``(3) Temporary ineligibility for subsequent payments.--
``(A) In general.--The Secretary shall determine a
State to be temporarily ineligible to receive a grant
payment under this subsection for a fiscal year if--
``(i) the State fails to submit an annual
report under subsection (f) for the preceding
fiscal year; or
``(ii) the Secretary determines, based on
information in such annual report, that the
State is not effectively--
``(I) meeting the outcomes
described in the application of such
State under subsection (c)(2)(C), and
does not have a plan to improve the
outcomes;
``(II) monitoring and evaluating
the activities under subsections (d)
and (e); or
``(III) using funds as required
under subsections (d) and (e).
``(B) Reinstatement.--If the Secretary determines
that a State is ineligible under subparagraph (A), the
Secretary may enter into an agreement with the State
setting forth the terms and conditions under which the
State may regain eligibility to receive payments under
this section.
``(c) Applications.--
``(1) In general.--For each fiscal year for which a State
desires an allotment under subsection (b), the State shall
submit an application to the Secretary at such time, in such
manner, and containing the information described in paragraph
(2).
``(2) Information required.--An application submitted under
paragraph (1) shall include the following:
``(A) A plan for how the State will carry out the
activities under subsections (d) and (e).
``(B) A description of the State's capacity to
carry out such activities.
``(C) A description of intended outcomes for such
activities.
``(D) A plan for how the State will monitor and
evaluate such activities, including how the State will
use data to continually update and improve such
activities.
``(E) A description of how students will be
identified and recruited for participation in the
Statewide transition initiative under subsection (d).
``(F) An estimate of the number and characteristics
of the populations targeted for participation in the
Statewide transition initiative under subsection (d)
with attention to the diverse needs of homeless youth
and foster youth in the State.
``(G) A description of how the State will
coordinate services provided under the grant with
services provided to foster youth and homeless youth
under the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.), the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.), the
Runaway and Homeless Youth Act (42 U.S.C. 5701 et
seq.), and other services provided to foster youth and
homeless youth by the State.
``(H) An assurance that the State will comply with
subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seq.).
``(I) An assurance that the State will partner with
State educational agencies, local educational agencies,
institutions of higher education, State and local child
welfare authorities, and other relevant organizations
that serve foster youth or homeless youth.
``(J) An assurance that the State will submit the
annual report required under subsection (f).
``(K) A budgetary analysis of the use of funds
awarded under this section.
``(L) Such other information as the Secretary may
require.
``(d) Statewide Transition Initiative.--
``(1) Use of funds.--Subject to subsection (b)(2), and in
consultation and coordination with the entities described in
paragraph (2) of this subsection, a State receiving a grant
award under this section shall use not less than 25 percent of
the funds to--
``(A) provide intensive outreach and support to
foster youth and homeless youth to--
``(i) improve the understanding and
preparation of such youth for enrollment in
institutions of higher education;
``(ii) increase the number of applications
to institutions of higher education submitted
by such youth; and
``(iii) increase the number of enrollments
at institutions of higher education;
``(B) provide education to foster youth and
homeless youth with respect to--
``(i) the benefits and opportunities of
postsecondary education;
``(ii) planning for postsecondary
education;
``(iii) financial aid opportunities that
assist youth with covering the cost of
attendance of an institution of higher
education;
``(iv) the Federal and State services and
benefits available to foster youth and homeless
youth while enrolled at an institution of
higher education, including health and mental
health services;
``(v) career exploration; and
``(vi) financial literacy training,
including security from identity theft;
``(C) assist foster youth and homeless youth with
submitting applications for--
``(i) enrollment at an institution of
higher education;
``(ii) financial aid for such enrollment;
and
``(iii) scholarships available for such
students, including under a State educational
and training voucher program referred to in
section 477(i) of the Social Security Act; and
``(D) provide free programming, which may include
free transportation to and from such programming, for
foster youth and homeless youth to prepare such
individuals socially and academically for the rigors of
postsecondary education during the summer before such
individuals first attend an institution of higher
education.
``(2) Required consultation and coordination.--In carrying
out the activities described in paragraph (1), a State shall
consult and coordinate with State educational agencies, local
educational agencies, institutions of higher education, State
and local child welfare authorities, and other relevant
organizations that serve foster youth or homeless youth.
``(e) Subgrants To Create Institutions of Excellence.--
``(1) In general.--Subject to the subsection (b)(2), a
State receiving a grant under this section shall, acting
through the administering State agency, use not less than 70
percent of the funds to award, on a competitive basis,
subgrants to eligible institutions to enable such institutions
to become institutions of excellence by improving college
access, retention, and completion rates for foster and homeless
youth as described in paragraph (3).
``(2) Application.--
``(A) In general.--An eligible institution desiring
a subgrant under this subsection shall submit an
application to the State in which such eligible
institution is located, at such time, in such manner,
and containing such information as the State may
require.
``(B) Technical assistance.--States shall provide
outreach and technical assistance to eligible
institutions with respect to applications for subgrants
under this subsection.
``(3) Activities.--An eligible institution that receives a
grant under this subsection shall use the grant funds to carry
out the following activities with respect to homeless youth and
foster youth:
``(A) Provide flexibility and assistance in
completing the application process to enroll at such
institution.
``(B) Coordinate programs with relevant on- and
off-campus stakeholders to increase the enrollment of
such youth at the institution and align services at the
institution for such youth.
``(C) Adjust the cost of attendance for such youth
at such eligible institution to include the cost of
housing during periods of non-enrollment.
``(D) Provide institutional aid to such students to
meet the cost of attendance that is not covered by
other Federal or State educational grants.
``(E) Provide outreach to such students to ensure
that such youth are aware of housing resources
available during periods of non-enrollment.
``(F) Subsidize any fees for such students
associated with orientation and offer free
transportation to college orientation or move-in week.
``(G) Hire and provide training for at least one
full-time staff at the eligible institution to serve as
a point of contact to provide case management services
and monthly face-to-face meetings with students who are
foster youth or homeless youth. Such individual shall
have an advanced degree and at least two years of
relevant experience.
``(H) Establish or enhance campus support programs
to provide such students with a wide-range of on-campus
services including--
``(i) assistance with financial aid;
``(ii) career advice; and
``(iii) leadership development.
``(I) Ensure the availability of robust student
health services (physical and mental) that meet the
specific needs of foster youth and homeless youth.
``(J) Establish or expand early alert systems to
identify and support such students who may be
struggling academically.
``(K) For each such student with reasonable,
unanticipated expenses that would not be covered by the
institutional aid provided under subparagraph (D) and
that would be necessary for the student to persist in
college during an academic year, provide the student
with access to an emergency grant to help cover such
expenses.
``(L) Collect, review, and monitor data for program
improvement.
``(4) Reliance on institutional aid.--Any institutional aid
provided to a student under paragraph (3)(D) by an eligible
institution during the grant period of the institution's grant
under this section shall continue to be provided during the
student's continuous enrollment at the institution, without
regard to whether the grant period ends during such enrollment.
``(5) Definitions.--In this subsection:
``(A) Administering state agency.--The term
`administering State agency' means a State agency--
``(i) designated by the Governor or
executive of the State to administer the
subgrants under this subsection; and
``(ii) that, with respect to such State,
has jurisdiction over--
``(I) foster youth;
``(II) homeless youth;
``(III) elementary and secondary
education; or
``(IV) higher education.
``(B) Eligible institution.--The term `eligible
institution' means an institution of higher education--
``(i) that is in partnership with--
``(I) the State child welfare
agency that is responsible for the
administration of the State plan under
part B or E of title IV of the Social
Security Act (42 U.S.C. 621 et seq.;
670 et seq.); and
``(II) an organization that serves
homeless youth (such as a youth shelter
or outreach program); and
``(ii) that may partner with any other
provider, agency, official, or entity that
serves foster youth and homeless youth, or
former foster youth and homeless youth.
``(f) State Reports.--For each year in which a State receives an
allotment under subsection (b), the State shall prepare and submit a
report to the Secretary that includes--
``(1) each activity or service that was carried out under
this section;
``(2) the cost of providing each such activity or service;
``(3) the number of students who received each activity or
service disaggregated by each subgroup of students described in
subclauses (I) through (VI) of section 1111(b)(2)(B)(xi) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(2)(B)(xi));
``(4) using qualitative and quantitative analysis, how the
State--
``(A) improved access to higher education for
foster youth and homeless youth; and
``(B) measured youth satisfaction with activities
carried out under this part;
``(5) an analysis of the implementation and progress of the
Statewide transition initiative under subsection (d), including
challenges and changes made to the initiative throughout the
preceding year;
``(6) if, based on the analysis under paragraph (5), the
State determines that the program is not on track to meet the
intended outcomes described in the application of the State
under subsection (c)(2)(C), a description of how the State
plans to meet such intended outcomes; and
``(7) information on the eligible institutions receiving
subgrants, including how such institutions used subgrant funds
to carry out the activities described in subsection (e)(3).
``(g) Department Activities.--
``(1) Evaluations.--Beginning on the date on which funds
are first allotted under subsection (b), and annually
thereafter, the Secretary shall evaluate recipients of
allotments and subgrants under this section. The results of
such evaluations shall be made publicly available on the
website of the Department.
``(2) Report to congress.--Not later than 1 year after the
date on which funds are first allocated under subsection (b),
and annually thereafter, the Secretary shall submit a report to
Congress that includes--
``(A) the amount of each allotment under subsection
(b);
``(B) the amount of each subgrant under subsection
(e); and
``(C) with respect to the year for which such
report is made, the results of the evaluations under
paragraph (1).
``(h) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), there are
authorized to be appropriated to carry out this part
$150,000,000 for fiscal year 2021 and each of the 5 succeeding
fiscal years.
``(2) Adjustment for inflation.--
``(A) In general.--The amount authorized to be
appropriated under paragraph (1) for fiscal year 2022
and each of the 4 succeeding fiscal years shall be
deemed increased by the annual adjustment percentage.
``(B) Definition.--In this paragraph, the term
`annual 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.''.
TITLE VIII--ADDITIONAL PROGRAMS
SEC. 8001. REPEALS.
Title VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et
seq.) is amended by repealing the following:
(1) Part A (20 U.S.C. 1161a).
(2) Parts C through E (20 U.S.C. 1161c et seq.).
(3) Parts H and I (20 U.S.C. 1161h et seq.).
(4) Parts K through P (20 U.S.C. 1161k et seq.).
(5) Part R (20 U.S.C. 1161r).
(6) Parts X through Z (20 U.S.C. 1161x et seq.).
SEC. 8002. RONALD V. DELLUMS MEMORIAL STEAM SCHOLARS PROGRAM.
Part B of title VIII of the Higher Education Act of 1965 (20 U.S.C.
1161b)--
(1) is redesignated as part A of such title; and
(2) is amended to read as follows:
``PART A--RONALD V. DELLUMS MEMORIAL STEAM SCHOLARS
``SEC. 801. RONALD V. DELLUMS MEMORIAL STEAM SCHOLARS PROGRAM.
``(a) Program Authorized.--
``(1) Grants for scholarships.--The Secretary shall award
grants under this section to institutions of higher education
(as defined in section 101) to provide scholarships to eligible
students for the purpose of enabling such students to enter
into the STEAM workforce and increasing the number of
underrepresented students in STEAM fields.
``(2) Eligible students.--A student is eligible for a
scholarship under this section if the student--
``(A) meets the requirements of section 484(a);
``(B) is an at least half-time student who has
completed at least the first year of undergraduate
study;
``(C) is enrolled in a program of undergraduate
instruction leading to a bachelor's degree at the
institution with a major in a STEAM field; and
``(D) has obtained a cumulative grade point average
of at least a 3.0 (or the equivalent as determined
under regulations prescribed by the Secretary) at the
end of the most recently completed term.
``(3) Priority for scholarships.--The Secretary shall set a
priority for awarding scholarships under this section for
students agreeing to work after graduation in a STEAM field.
``(4) Students from minority-serving institutions and
historically black colleges and universities.--The Secretary
shall ensure that not fewer than 50 percent of the scholarships
awarded under this section are awarded to eligible students who
attend historically Black colleges and universities and other
minority-serving institutions, including Hispanic-serving
institutions, Asian American and Native American Pacific
Islander-serving institutions, American Indian Tribally
controlled colleges and universities, Alaska Native and Native
Hawaiian-serving institutions, Predominantly Black
Institutions, and Native American-serving, Nontribal
institutions.
``(5) Amount and duration of scholarship.--Scholarship
amounts awarded under this section shall not exceed--
``(A) $10,000 per student for an academic year; and
``(B) $40,000 per student in the aggregate.
``(b) Matching Requirement.--In order to receive a grant under this
section, an institution of higher education shall provide matching
funds for the scholarships awarded under this section in an amount
equal to 25 percent of the Federal funds received.
``(c) Application.--An institution that desires 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. Each application shall include a description of how the
institution will meet the matching requirement of subsection (b).
``(d) Reports.--Not later than 2 years after the date on which the
first scholarship is awarded under this section, and each academic year
thereafter, the Secretary shall submit to the Congress a report
containing--
``(1) a description and analysis of the demographic
information of students who receive scholarships under this
section, including information with respect to such students
regarding--
``(A) race;
``(B) ethnicity;
``(C) gender; and
``(D) eligibility to receive a Pell Grant;
``(2) the total number of underrepresented students in
STEAM fields who obtain a degree with scholarship funds each
year; and
``(3) an analysis of the effects of the program on the
goals of increasing the number of underrepresented students in
STEAM fields and the number of such students who enter into the
STEAM workforce.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 2021
and each of the five succeeding fiscal years.
``(f) Definitions.--For purposes of this section:
``(1) The term `minority-serving institution' means an
institution eligible to receive assistance under title III or
V.
``(2) The term `STEAM' means science, technology,
engineering, arts, and mathematics.
``(3) The term `underrepresented student in STEAM fields'
means a student who is a member of a minority group for which
the number of individuals in such group who annually receive
bachelor's degrees in the STEAM fields per 10,000 individuals
in such group is substantially less than the number of white,
non-Hispanic individuals who annually receive bachelor's
degrees in the STEAM fields per 10,000 such individuals.''.
SEC. 8003. TEACH FOR AMERICA.
(a) Reauthorization.--Subparagraph (C) of section 806(f)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1161f(f)(1)) is amended to read
as follows:
``(C) $30,000,000 for fiscal year 2021 and each of
the 5 succeeding fiscal years.''.
(b) Redesignation.--Part F of title VIII of the Higher Education
Act of 1965 (20 U.S.C. 1161f) is redesignated as part B of such title.
SEC. 8004. PATSY T. MINK FELLOWSHIP PROGRAM.
(a) Reauthorization.--Subsection (f) of section 807 of the Higher
Education Act of 1965 (20 U.S.C. 1161g) is amended to read as follows:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2021
and each of the 5 succeeding fiscal years.''.
(b) Redesignations.--
(1) Part.--Part G of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161g) is redesignated as part C of such
title.
(2) Section.--Section 807 of the Higher Education Act of
1965 (20 U.S.C. 1161g), as amended by subsection (a), is
redesignated as section 811.
SEC. 8005. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS
EDUCATION WITH A FOCUS ON AMERICAN INDIAN, ALASKA NATIVE,
AND NATIVE HAWAIIAN STUDENTS.
(a) In General.--Section 819 of the Higher Education Act of 1965
(20 U.S.C. 1161j) is amended--
(1) in the section heading, by striking ``alaska native and
native hawaiian'' and inserting ``native american'';
(2) in subsection (a)(2), by striking ``Alaska Natives and
Native Hawaiians'' and inserting ``American Indians, Alaska
Natives, Native Hawaiians and other Native American Pacific
Islanders to enable them to succeed in these fields'';
(3) in subsection (b)--
(A) by redesignating paragraphs (1), (2), (3), and
(4), as paragraphs (2), (4), (5), and (6),
respectively;
(B) by inserting before paragraph (2), as
redesignated by subparagraph (A), the following:
``(1) Native american.--The term `Native American' includes
Alaska Natives, American Indians, Native Hawaiians and Native
American Pacific Islanders.''; and
(C) by inserting after paragraph (2), as
redesignated by subparagraph (A), the following:
``(3) American indian.--The term `American Indian' has the
meaning given the term `Indian' in section 202 of the Indian
Land Consolidation Act (25 U.S.C. 2201).'';
(4) in subsection (c)--
(A) by inserting ``create or'' after ``to enable
the eligible partnership to'';
(B) by inserting ``Native American'' after ``the
development of''; and
(C) by striking ``, including existing programs for
Alaska Native and Native Hawaiian students'';
(5) in subsection (d)--
(A) in paragraph (1), by striking ``Alaska Native
or Native Hawaiian students'' and inserting ``programs
that serve Native American students'';
(B) in paragraph (2), by striking ``Alaska Native
and Native Hawaiian students'' and inserting ``programs
that serve Native American students''; and
(C) in paragraph (3), by striking ``Alaska Native
or Native Hawaiian students'' and inserting ``Native
American students'';
(6) in subsection (f), by striking ``30 percent or more of
the program participants are Alaska Native or Native Hawaiian''
and inserting ``30 percent or more of the program participants
are Native American''; and
(7) in subsection (i), by striking ``to carry out this
section such sums as may be necessary for fiscal year 2009 and
each of the five succeeding fiscal years'' and inserting
``$5,000,000 for fiscal year 2021 and each of the 5 succeeding
fiscal years''.
(b) Redesignations.--
(1) Part.--Part J of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161j) is redesignated as part D of such
title.
(2) Section.--Section 819 of the Higher Education Act of
1965 (20 U.S.C. 1161j), as amended by subsection (a), is
redesignated as section 816.
SEC. 8006. GRANTS FOR RURAL-SERVING INSTITUTIONS OF HIGHER EDUCATION.
(a) Reauthorization.--Subsection (g) of section 861 of the Higher
Education Act of 1965 (20 U.S.C. 1161q) is amended to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year 2021
and each of the 5 succeeding fiscal years.''.
(b) Redesignations.--
(1) Part.--Part Q of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161q) is redesignated as part E of such
title.
(2) Section.--Section 861 of the Higher Education Act of
1965 (20 U.S.C. 1161q), as amended by subsection (a), is
redesignated as section 821.
SEC. 8007. TRAINING FOR REALTIME WRITERS TO PROVIDE CLOSED CAPTIONING
AND COURT REPORTING SERVICES.
(a) Reauthorization.--Section 872(e) of the Higher Education Act of
1965 (20 U.S.C. 1161s(e)) is amended by striking ``2009'' and inserting
``2021''.
(b) Redesignations.--
(1) Part.--Part S of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161s) is redesignated as part F of such
title.
(2) Section.--Section 872 of the Higher Education Act of
1965 (20 U.S.C. 1161s), as amended by subsection (a), is
redesignated as section 826.
SEC. 8008. GRANT PROGRAM TO ESTABLISH, MAINTAIN, AND IMPROVE VETERAN
STUDENT CENTERS.
(a) In General.--Part T of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161t)--
(1) is redesignated as part G of such title; and
(2) is amended to read as follows:
``PART G--GRANTS FOR VETERAN STUDENT CENTERS
``SEC. 831. GRANTS FOR VETERAN STUDENT CENTERS.
``(a) Grants Authorized.--Subject to the availability of
appropriations under subsection (i), the Secretary shall award grants
to institutions of higher education or consortia of institutions of
higher education to assist in the establishment, maintenance,
improvement, and operation of Veteran Student Centers. The Secretary
shall award not more than 30 grants in a fiscal year under this
section.
``(b) Eligibility.--
``(1) Application.--An institution or consortium seeking a
grant under subsection (a) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Criteria.--The Secretary may award a grant under
subsection (a) to an institution or a consortium if the
institution or consortium meets each of the following criteria:
``(A) The institution or consortium enrolls in
undergraduate or graduate courses--
``(i) a significant number of veteran
students, members of the Armed Forces serving
on active duty, and members of a reserve
component of the Armed Forces; or
``(ii) a significant percentage of veteran
students, as measured by comparing the overall
enrollment of the institution or consortium to
the number, for the most recent academic year
for which data are available, of veteran
students, members of the Armed Forces serving
on active duty, and members of a reserve
component of the Armed Forces who are enrolled
in undergraduate or graduate courses at the
institution or consortium.
``(B) The institution or consortium presents a
sustainability plan to demonstrate that the Veteran
Student Center of such institution or consortium will
be maintained and will continue operations upon
conclusion of the grant period under subsection (a).
``(3) Additional criteria.--
``(A) Mandatory considerations.--In awarding grants
under subsection (a), the Secretary shall consider
institutions or consortia representing a broad spectrum
of sectors and sizes, including institutions or
consortia from urban, suburban, and rural regions of
the United States.
``(B) Discretionary criteria.--In awarding grants
under subsection (a), the Secretary may provide
consideration to institutions or consortia that meet
one or more of the following criteria:
``(i) The institution or consortium is
located in a region or community that has a
significant population of veterans.
``(ii) The institution or consortium
carries out programs or activities that assist
veterans in the local community and the spouses
of veteran students.
``(iii) The institution or consortium
partners in its veteran-specific programming
with nonprofit veteran service organizations,
local workforce development organizations, or
institutions of higher education.
``(iv) The institution or consortium
commits to hiring staff at the Veteran Student
Center that includes veterans (including
veteran student volunteers and veteran students
participating in a Federal work-study program
under part C of title IV, a work-study program
administered by the Secretary of Veteran
Affairs, or a State work-study program).
``(v) The institution or consortium commits
to using a portion of the grant received under
this section to develop and implement an early-
warning veteran student retention program
designed to alert staff at the Veteran Student
Center that a veteran student may be facing
difficulties that could lead to the non-
completion of the course of study of such
veteran.
``(vi) The institution or consortium
commits to providing mental health counseling
to its veteran students and their spouses.
``(vii) The institution or consortium
carries out programs or activities that assist
individuals pursuing a course of education
using educational assistance under chapter 31
of title 38, United States Code.
``(c) Use of Funds.--
``(1) In general.--An institution or consortium that is
awarded a grant under subsection (a) shall use such grant to
establish, maintain, improve, or operate a Veteran Student
Center.
``(2) Other allowable uses.--An institution or consortium
receiving a grant under subsection (a) may use a portion of
such funds to carry out supportive instruction services for
student veterans, including--
``(A) assistance with special admissions and
transfer of credit from previous postsecondary
education or experience; and
``(B) any other support services the institution or
consortium determines to be necessary to ensure the
success of veterans on campus in achieving education
and career goals.
``(d) Amounts Awarded.--
``(1) Duration.--Each grant awarded under subsection (a)
shall be for a 4-year period.
``(2) Total amount of grant and schedule.--Each grant
awarded under subsection (a) may not exceed a total of
$500,000. The Secretary shall disburse to an institution or
consortium the amounts awarded under the grant in such amounts
and at such times during the grant period as the Secretary
determines appropriate.
``(e) Report.--From the amounts appropriated to carry out this
section, and not later than 3 years after the date on which the first
grant is awarded under subsection (a), the Secretary shall submit to
Congress a report on the grant program established under subsection
(a), including--
``(1) the number of grants awarded;
``(2) the institutions of higher education and consortia
that have received grants;
``(3) with respect to each such institution of higher
education and consortium--
``(A) the amounts awarded;
``(B) how such institution or consortium used such
amounts;
``(C) a description of the students to whom
services were offered as a result of the award; and
``(D) data enumerating whether the use of the
amounts awarded helped veteran students at the
institution or consortium toward completion of a
degree, certificate, or credential;
``(4) best practices for veteran student success,
identified by reviewing data provided by institutions and
consortia that received a grant under this section; and
``(5) a determination by the Secretary with respect to
whether the grant program under this section should be extended
or expanded.
``(f) Termination.--The authority of the Secretary to carry out the
grant program established under subsection (a) shall terminate on the
date that is 4 years after the date on which the first grant is awarded
under subsection (a).
``(g) Department of Education Best Practices Website.--Subject to
the availability of appropriations under subsection (i) and not later
than 3 years after the date on which the first grant is awarded under
subsection (a), the Secretary shall develop and implement a website for
veteran student services at institutions of higher education, which
details best practices for serving veteran students at institutions of
higher education.
``(h) Definitions.--In this section:
``(1) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(2) Veteran student center.--The term `Veteran Student
Center' means a dedicated space on a campus of an institution
of higher education that provides students who are veterans or
members of the Armed Forces with the following:
``(A) A lounge or meeting space for such veteran
students, their spouses or partners, and veterans in
the community.
``(B) A centralized office for veteran services
that--
``(i) is a single point of contact to
coordinate comprehensive support services for
veteran students;
``(ii) is staffed by trained employees and
volunteers, which includes veterans and at
least one full-time employee or volunteer who
is trained as a veterans' benefits counselor;
``(iii) provides veteran students with
assistance relating to--
``(I) transitioning from the
military to student life;
``(II) transitioning from the
military to the civilian workforce;
``(III) networking with other
veteran students and veterans in the
community;
``(IV) understanding and obtaining
benefits provided by the institution of
higher education, Federal Government,
and State for which such students may
be eligible;
``(V) understanding how to succeed
in the institution of higher education,
including by understanding academic
policies, the course selection process,
and institutional policies and
practices related to the transfer of
academic credits; and
``(VI) understanding their
disability-related rights and
protections under the Americans with
Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) and section 504 of the
Rehabilitation Act of 1973 (29 U.S.C.
794); and
``(iv) provides comprehensive academic and
tutoring services for veteran students,
including peer-to-peer tutoring and academic
mentorship.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $15,000,000 for fiscal year 2021
and each of the 5 succeeding fiscal years.''.
(b) Continuation of Awards.--An institution of higher education
that received a grant under section 873 of the Higher Education Act of
1965 (20 U.S.C. 1161t) before the date of enactment of this Act, as
such section 873 (20 U.S.C. 1161t) was in effect on the day before the
date of enactment of this Act, shall continue to receive funds in
accordance with the terms and conditions of such grant.
SEC. 8009. UNIVERSITY SUSTAINABILITY PROGRAM AMENDMENTS.
(a) In General.--Section 881 of the Higher Education Act of 1965
(20 U.S.C. 1161u) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1) and inserting:
``(1) In general.--From the amounts appropriated to carry
out this section, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
make grants to eligible entities to establish sustainability
programs to design and implement the teaching and practice of
sustainability, including in the areas of staff and faculty
professional development, energy management, greenhouse gas
emissions reductions, green building, waste management,
transportation, resilience, green workforce, and other aspects
of sustainability that integrate the local community with
multidisciplinary academic programs and are applicable to the
private and Government sectors.''; and
(B) by striking paragraph (3)(B) and inserting:
``(B) a nonprofit consortium, association,
alliance, or collaboration operating in partnership
with more than one institution of higher education.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``in alignment with local
community needs'' after ``following purposes'';
(ii) in subparagraph (D)--
(I) by striking ``establish'' and
inserting ``scale established'';
(II) by striking ``purchasing,
toxics management,''; and
(III) by inserting ``resilience,
green workforce,'' after
``transportation,''; and
(iii) in subparagraph (G), by inserting
``economics, law, political science,'' after
``business,''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``of''
and inserting ``relating to''; and
(ii) in subparagraph (C), by inserting
``city and State governments,'' after
``business,'';
(3) in subsection (e), by striking ``$250,000 or more than
$2,000,000'' and inserting ``$200,000 or more than $500,000'';
and
(4) in subsection (f), by striking ``2009'' and inserting
``2021''.
(b) Redesignations.--
(1) Part.--Part U of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161u) is redesignated as part H of such
title.
(2) Section.--Section 881 of the Higher Education Act of
1965 (20 U.S.C. 1161u), as amended by subsection (a), is
redesignated as section 836.
SEC. 8010. MODELING AND SIMULATION.
(a) Reauthorization.--Subsection (e) of section 891 of the Higher
Education Act of 1965 (20 U.S.C. 1161v) is amended, in the matter
preceding paragraph (1), by striking the first sentence and inserting
the following: ``There is authorized to be appropriated to carry out
this section $75,000,000 for fiscal year 2021 and each of the 5
succeeding fiscal years.''.
(b) Redesignations.--
(1) Part.--Part V of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161v) is redesignated as part I of such
title.
(2) Section.--Section 891 of the Higher Education Act of
1965 (20 U.S.C. 1161v), as amended by subsection (a), is
redesignated as section 841.
SEC. 8011. PATH TO SUCCESS.
(a) Reauthorization.--Section 892(g) of the Higher Education Act of
1965 (20 U.S.C. 1161w(g)) is amended by striking ``2009'' and inserting
``2021''.
(b) Redesignations.--
(1) Part.--Part W of title VIII of the Higher Education Act
of 1965 (20 U.S.C. 1161w) is redesignated as part J of such
title.
(2) Section.--Section 892 of the Higher Education Act of
1965 (20 U.S.C. 1161w), as amended by subsection (a), is
redesignated as section 846.
SEC. 8012. MANDATORY FUNDING FOR MASTERS AND POSTBACCALAUREATE
PROGRAMS.
(a) Masters Degree Programs.--Section 897 of the Higher Education
Act of 1965 (20 U.S.C. 1161aa) is amended by striking ``$11,500,000 for
fiscal year 2009 and for each of the five succeeding fiscal years'' and
inserting ``$13,500,000 for fiscal year 2021 and each succeeding fiscal
year''.
(b) Postbaccalaureate Programs.--Section 898 of the Higher
Education Act of 1965 (20 U.S.C. 1161aa-1) is amended--
(1) by striking ``In addition'' and inserting ``(a)
Additional Appropriations for Part B of Title V.--In
addition'';
(2) by striking ``$11,500,000 for fiscal year 2009 and for
each of the five succeeding fiscal years'' and inserting
``$21,000,000 for fiscal year 2021 and each succeeding fiscal
year''; and
(3) by adding at the end the following:
``(b) Additional Appropriations for Part A of Title VII.--In
addition to any amounts appropriated under subpart 5 of part A of title
VII, there are authorized to be appropriated, and there are
appropriated, out of any funds in the Treasury not otherwise
appropriated, $13,000,000 for fiscal year 2021 and each of the 5
succeeding fiscal years to carry out subpart 5 of part A of title
VII.''.
(c) Redesignations.--
(1) Part.--Part AA of title VIII of the Higher Education
Act of 1965 (20 U.S.C. 1161aa) is redesignated as part K of
such title.
(2) Sections.--Sections 897 and 898 of the Higher Education
Act of 1965 (20 U.S.C. 1161aa et seq.), as amended by
subsection (a), are redesignated as sections 851 and 852,
respectively.
SEC. 8013. FUNDS FOR ACCESS TO OPEN EDUCATIONAL RESOURCES.
Title VIII (20 U.S.C. 1161a et seq.) of the Higher Education Act of
1965, as amended by the preceding provisions of this title, is further
amended by adding at the end the following:
``PART L--ACCESS TO OPEN EDUCATIONAL RESOURCES
``SEC. 856. AFFORDABLE COLLEGE TEXTBOOKS.
``(a) Grant Program.--
``(1) Grants authorized.--From the amounts appropriated
under paragraph (8), the Secretary shall make grants, on a
competitive basis, to eligible entities to support projects
that expand the use of high-quality open textbooks in order to
achieve savings for students while improving instruction and
student learning outcomes.
``(2) Applications.--
``(A) In general.--Each eligible entity desiring a
grant under this subsection, after consultation with
relevant faculty, shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require.
``(B) Contents.--Each application submitted under
subparagraph (A) shall include--
``(i) a description of the proposed project
to be completed with grant funds;
``(ii) a plan for promoting and tracking
the use of open textbooks in postsecondary
courses offered by the eligible entity,
including an estimate of the projected savings
that will be achieved for students through the
use of such textbooks;
``(iii) a description of how the eligible
entity will evaluate whether existing open
educational resources could be used or adapted
into open educational resources before creating
new open educational resources;
``(iv) a plan for quality review (including
peer review), review of accuracy, and review of
accessibility of any open educational resources
created or adapted through the grant;
``(v) a plan for assessing the impact of
open textbooks on instruction and student
learning outcomes at the eligible entity;
``(vi) a plan for disseminating information
about the results of the project to
institutions of higher education outside of the
eligible entity, including promoting the
adoption of any open textbooks created or
adapted through the grant;
``(vii) a statement on consultation with
relevant faculty, including those engaged in
the creation of open educational resources, in
the development of the application; and
``(viii) an assurance that open educational
resources utilized, developed, or researched
will be available in accessible formats, which
may include braille, audio books, closed
captioning, and audio descriptions.
``(3) Special consideration.--In awarding grants under this
section, the Secretary shall give special consideration to
applications that demonstrate the greatest potential to--
``(A) achieve the highest level of savings for
students through sustainable expanded use of high-
quality open textbooks in postsecondary courses offered
by the eligible entity;
``(B) achieve improvements in student learning and
student outcomes;
``(C) expand the use of open textbooks at
institutions of higher education outside of the
eligible entity; and
``(D) produce--
``(i) the highest quality and most
accessible open textbooks;
``(ii) open textbooks that can be most
easily utilized and adapted by faculty members
at institutions of higher education;
``(iii) open textbooks that correspond to
the highest enrollment courses at institutions
of higher education;
``(iv) open textbooks created or adapted in
partnership with entities, including campus
bookstores, that will assist in marketing and
distribution of the open textbook; and
``(v) open textbooks that conform to
accessibility standards under section 508 of
the Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(4) Use of funds.--
``(A) Mandatory uses of funds.--An eligible entity
that receives a grant under this section shall use the
grant funds to carry out the following activities to
expand the use of open textbooks:
``(i) Professional development for any
faculty and staff members at institutions of
higher education, including the search for and
review of open textbooks.
``(ii) Creation or adaptation of high-
quality open educational resources that conform
to accessibility standards under section 508 of
the Rehabilitation Act of 1973 (29 U.S.C.
794d), especially open textbooks, and the
quality assurance of such open educational
resources.
``(iii) Development or improvement of tools
and informational resources that support the
use of open textbooks, including improving
accessible instructional materials for students
with disabilities that conform to accessibility
standards under section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d).
``(iv) Research evaluating the efficacy of
the use of open textbooks for achieving savings
for students and the impact on instruction and
student learning outcomes.
``(B) Discretionary use of funds.--An eligible
entity that receives a grant under this section may use
grant funds to purchase or maintain electronic
equipment necessary for the operation or use of digital
open educational resources, including mobile computer
devices and accompanying hardware, software
applications, computer systems and platforms, and other
digital and online services and support.
``(5) Open licensing requirement.--
``(A) Copyright.--An eligible entity receiving a
grant under this section may, with prior approval from
the Secretary, assert a copyright in a copyrightable
work first produced under the grant.
``(B) Open license requirement.--
``(i) Requirement.--With respect to each
copyrightable work first produced under the
grant, except as provided in clause (ii), an
eligible entity that asserts a copyright under
subparagraph (A) shall provide to the public a
non-exclusive, royalty-free, perpetual,
irrevocable, worldwide license to carry out
each exclusive right provided to that eligible
entity under section 106 of title 17, United
States Code.
``(ii) Exception.--With respect to a
copyrightable work first produced under the
grant that employs preexisting material, the
requirement described under such subparagraph
shall apply to such work to the extent that--
``(I) no copyright subsists in such
preexisting material; or
``(II) the eligible entity is
authorized to license such material in
the manner described under such
subparagraph.
``(C) Rule of construction.--Nothing in this
subsection may be construed as affecting the
application of the requirements of chapter 18 of title
35, United States Code (commonly known as the `Bayh-
Dole Act').
``(D) Copyrightable work defined.--In this
subsection, the term `copyrightable work' means a work
subject to protection under title 17, United States
Code, but does not include a work that may be
patentable or otherwise protectable under title 35,
United States Code.
``(6) Access and distribution.--The full and complete
digital content of each educational resource created or adapted
under paragraph (5) shall be made available free of charge to
the public--
``(A) on an easily accessible and interoperable
website, which shall be identified to the Secretary by
the eligible entity;
``(B) in a machine readable, digital format that
anyone can directly download, edit with attribution,
and redistribute; and
``(C) in a fully accessible format in compliance
with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d).
``(7) Report.--Upon an eligible entity's completion of a
project for which the eligible entity received a grant under
this section, the eligible entity shall prepare and submit a
report to the Secretary regarding--
``(A) the effectiveness of the project in expanding
the use of high-quality open textbooks and in achieving
savings for students;
``(B) the impact of the project on expanding the
use of open textbooks at institutions of higher
education outside of the eligible entity;
``(C) educational resources created or adapted
under the grant, including instructions on where the
public can access each educational resource under the
terms of paragraphs (5) and (6);
``(D) information about the quality review process
that was used to ensure quality and accuracy;
``(E) the impact of the project on instruction and
student learning outcomes; and
``(F) all project costs, including the value of any
volunteer labor and institutional capital used for the
project.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 2021 and each of the 5 succeeding
fiscal years.
``(b) Report to Congress.--Not later than 2 years after the date of
enactment of College Affordability Act, the Secretary shall prepare and
submit a report to authorizing committees detailing--
``(1) the high-quality open textbooks created or adapted
under this section;
``(2) the adoption of such open textbooks;
``(3) the savings generated for students, States,
territories, and the Federal Government through the use of open
textbooks; and
``(4) the impact of open textbooks on instruction and
student learning outcomes.
``(c) GAO Report.--Not later than 3 years after the date of
enactment of College Affordability Act, the Comptroller General of the
United States shall prepare and submit a report to the authorizing
committees on the cost of textbooks to students at institutions of
higher education. The report shall include--
``(1) the change of the cost of textbooks between the date
of the enactment of the College Affordability Act and the date
of such report;
``(2) the factors that have contributed to such change in
the cost of textbooks, including the impact of open textbooks
on the cost;
``(3) the extent to which open textbooks are used at
institutions of higher education compared to the use of open
textbooks before the date of the enactment of this subsection;
``(4) how institutions are tracking the impact of open
textbooks on instruction and student learning outcomes;
``(5) the availability of accessible forms of open
textbooks and the barriers faced by students with disabilities
in accessing accessible forms of open educational resources
compared to the barriers faced in accessing traditional
educational materials; and
``(6) the barriers faced by other student populations,
including low-income students, in accessing high-quality open
educational resources compared to the barriers faced in
accessing traditional educational materials.
``(d) Definitions.--In this section:
``(1) Educational resource.--The term `educational
resource' means a print or digital educational material that
can be used in postsecondary instruction, including textbooks
and other written or audiovisual works.
``(2) Eligible entity.--The term `eligible entity' means an
institution of higher education or a consortia of such
institutions of higher education.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) Open educational resource.--The term `open
educational resource' means a print or digital educational
resource that either resides in the public domain or has been
released under an intellectual property license that permits
its free use, reuse, modification, and sharing with others.
``(5) Open textbook.--The term `open textbook' means an
open educational resource or set of open educational resources
that either is a textbook or can be used in place of a textbook
for a postsecondary course at an institution of higher
education.
``(6) Relevant faculty.--The term `relevant faculty' means
both tenure track and contingent faculty members who may be
involved in the creation of open educational resources or the
use of open educational resources created as part of the grant
application.''.
SEC. 8014. ENCOURAGING CAMPUS COMPREHENSIVE MENTAL HEALTH AND SUICIDE
PREVENTION PLANS.
Title VIII (20 U.S.C. 1161a et seq.) of the Higher Education Act of
1965, as amended by the preceding provisions of this title, is further
amended by adding at the end the following:
``PART M--MENTAL HEALTH AND SUICIDE PREVENTION
``SEC. 861. ENCOURAGING CAMPUS COMPREHENSIVE MENTAL HEALTH AND SUICIDE
PREVENTION PLANS.
``(a) In General.--The Secretary shall make efforts to encourage
institutions of higher education to develop and implement comprehensive
campus mental health and suicide prevention plans. Such efforts--
``(1) shall be conducted in coordination with the Secretary
of Health and Human Services (acting through the Administrator
of the Substance Abuse and Mental Health Services
Administration);
``(2) shall align with--
``(A) the efforts of the Suicide Prevention
Resource Center, specifically the Center's model of
nine strategies that form a comprehensive approach to
suicide prevention;
``(B) the 21st Century Cures Act (42 U.S.C. 201
note); and
``(C) the programs authorized under the Garrett Lee
Smith Memorial Act (42 U.S.C. 201 note; Public Law 108-
355);
``(3) shall take into consideration existing State efforts
to address mental health and suicide prevention at institutions
of higher education; and
``(4) may be carried out in collaboration with nonprofit
organizations and other experts and stakeholders in the field
of campus mental health and suicide prevention.
``(b) Reports.--The Secretary, or a designee of the Secretary,
shall report to Congress on the efforts of the Secretary carried out
under this section--
``(1) not later than one year after the date of enactment
of the College Affordability Act; and
``(2) three years after the date of enactment of such Act.
``(c) Construction.--Nothing in this section shall be construed as
creating new statutory requirements for institutions of higher
education or granting the Secretary new regulatory authority.''.
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.
The Secretary of Education may not--
(1) take any action to implement, enforce, or otherwise
give effect to the proposed amendments to regulations relating
to the enforcement of title IX of the Education Amendments of
1972, published on November 29, 2018, under the heading
``Nondiscrimination on the Basis of Sex in Education Programs
or Activities Receiving Federal Financial Assistance'' (83 Fed.
Reg. 61462); or
(2) propose or issue any rule that is in substantially the
same form or substantially the same as any of such proposed
amendments.
SEC. 9002. STUDY AND REPORT ON SINGLE CERTIFICATION FORM.
(a) Study.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Education shall conduct a study on the
feasibility of developing a single certification form that borrowers
may use to electronically submit information with respect to--
(1) TEACH Grants under subpart 9 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070g et seq.);
(2) loan forgiveness under section 428J of the Higher
Education Act of 1965 (20 U.S.C. 1078-10);
(3) loan cancellation under section 460 of the Higher
Education Act of 1965 (20 U.S.C. 1087j); and
(4) public service loan forgiveness under section 455(m) of
the Higher Education Act of 1965 (20 U.S.C. 1087e(m)).
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Education shall submit a report to
Congress that includes--
(1) the results of the study required under subsection (a);
and
(2) recommendations with respect to using a single
certification form that borrowers may use to electronically
submit information with respect to the programs specified in
paragraphs (1) through (4) of such subsection.
SEC. 9003. LONGITUDINAL STUDY ON THE EFFECTIVENESS OF STUDENT LOAN
COUNSELING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Education, acting through the Director of
the Institute of Education Sciences, shall begin conducting a rigorous,
longitudinal study of the impact and effectiveness of the student loan
counseling--
(1) provided under subsections (b), (l), and (n) of section
485 of the Higher Education Act of 1965 (20 U.S.C. 1092), as
amended by this Act; and
(2) provided through such other means as the Secretary of
Education may determine.
(b) Contents.--
(1) Borrower information.--The longitudinal study carried
out under subsection (a) shall include borrower information, in
the aggregate and disaggregated by race, ethnicity, gender,
income, status as an individual with a disability, and status
as a first generation college student (defined in section
402A(h)(3)), on--
(A) student persistence;
(B) degree attainment;
(C) program completion;
(D) successful entry into student loan repayment;
(E) cumulative borrowing levels; and
(F) such other factors as the Secretary of
Education may determine.
(2) Exception.--The disaggregation under paragraph (1)
shall not be required in a case in which the number of
borrowers in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual borrower.
(c) Interim Reports.--Not later than 18 months after the
commencement of the study under subsection (a), and annually
thereafter, the Secretary of Education shall evaluate the progress of
the study and report any short-term findings to the appropriate
committees of Congress.
SEC. 9004. STUDY AND PROCEDURES ON DETERMINING FAMILY SIZE.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Education shall--
(1) conduct, in consultation with the Secretary of the
Treasury, a study which meets the specifications described in
subsection (b), on the effect of using data from the Internal
Revenue Service on the deduction for personal exemptions
provided by section 151 of the Internal Revenue Code of 1986
for a proxy for family size in an income-driven repayment plan,
and publish such study in the Federal Register;
(2) use the results of the study conducted under paragraph
(1) to develop procedures for determining family size for the
automatic recertification of income for an income-driven
repayment plan in a manner that minimizes burdens and
unintended harm to borrowers;
(3) publish the procedures developed under paragraph (2) in
the Federal Register; and
(4) after a notice and comment period on such procedures,
use such comments to finalize the procedures.
(b) Specifications.--The study conducted under subsection (a)(1)
shall--
(1) determine how closely such personal exemptions match
the family size that borrowers report on their income-driven
repayment plan request form;
(2) compare the borrower's actual monthly payment amount
with the monthly payment amount borrowers would have using
family size information derived from tax returns; and
(3) use data from more than one year, where possible, to
analyze how much family size changes over time.
(c) Definition.--The term ``the income-driven repayment plan''
means a plan described in subparagraph (D) or (E) of section 455(d)(1)
of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)) and the
income-based repayment plan under section 493C(f) of such Act (20
U.S.C. 1098e(f)), as added by section 4631(c) of this Act.
SEC. 9005. UNIVERSAL UNIQUE NUMERIC DATA IDENTIFIER.
(a) Assignment of Unique Numeric Identifier Required.--Not later
than 18 months after the date of the enactment of this Act, the
Secretary of Education shall assign a unique numeric identifier to at
least each campus of each institution of higher education that
participates in a program under title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.) to be used for reporting and
disaggregating data for the purposes of the following:
(1) Surveys conducted as a part of the Integrated
Postsecondary Education Data System (IPEDS) or any other
Federal postsecondary institution data collection effort, as
completed in accordance with section 487(a)(17) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(17)).
(2) Reports required to be filed under section 485(f) of
the Higher Education Act of 1965 (20 U.S.C. 1092(f)).
(3) The electronic exchange of data under section 485B of
the Higher Education Act of 1965 (20 U.S.C. 1092b).
(4) Determinations under section 496 of the Higher
Education Act of 1965 (20 U.S.C. 1099b).
(5) Reports filed on the College Scorecard website of the
Department of Education (or any successor website).
(6) Reports filed on the College Navigator website (as
defined in section 132 of the Higher Education Act of 1965 (20
U.S.C. 1015a)).
(7) Data submitted to the postsecondary student data system
established under section 132(l) of the Higher Education Act of
1965 (20 U.S.C. 1015a(l)), as added by section 1022 of this
Act.
(8) To the extent determined to be appropriate by the
Secretary, any other data systems of the Department of
Education that include information on institutions of higher
education.
(b) Considerations.--In carrying out subsection (a), the Secretary
of Education shall--
(1) consider the ability to use the unique numeric
identifier assigned under such subsection to--
(A) disaggregate institutions of higher education
by corporate ownership;
(B) identify an institution of higher education
with more than one campus; and
(C) in the case of institutions of higher education
described in subparagraph (B), distinguish between a
campus with a specific location and a distance
education program;
(2) account for interactions of the unique numeric
identifier with requirements under title IV of the Higher
Education Act (20 U.S.C. 1070 et seq.), including by preventing
institutional attempts to evade such requirements by changing
the unique numeric identifiers associated with the campuses of
the institution;
(3) to the extent practicable, minimize the paperwork
burden on institutions of higher education;
(4) create and make public a crosswalk indicating changes
in the unique numeric identifiers assigned by the Secretary to
each campus under subsection (a) and the numeric identifiers
used by the Department of Education prior to the date on which
the Secretary assigns each campus a unique numeric identifier;
and
(5) annually create and make public an updated crosswalk
indicating changes in unique numeric identifiers assigned to
campuses, including changes that result from the establishment
of new locations, the closing of campuses, and changes in
ownership and affiliation.
SEC. 9006. QUESTIONS ON FOOD AND HOUSING INSECURITY IN NATIONAL
POSTSECONDARY STUDENT AID STUDY.
For purposes of each National Postsecondary Student Aid Study
conducted after the date of enactment of this Act, the Secretary of
Education shall include questions that measure rates of food and
housing insecurity in the National Postsecondary Student Aid Study.
SEC. 9007. DISAGGREGATION OF DATA USING RACIAL GROUPS.
(a) Study Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Education shall carry out a
study on the feasibility of disaggregating data reported under the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary
of Education using the racial groups identified by the American
Community Survey of the Bureau of the Census.
(b) Elements.--The study required by subsection (a) shall, with
respect to the data described in such subsection--
(1) survey each method by which such data reported to the
Secretary of Education is disaggregated by race;
(2) survey each method by which the Secretary of Education
disaggregates such data by race; and
(3) in the case of such data that are reported to the
Secretary of Education and are not disaggregated by race using
the racial groups identified by the American Community Survey
of the Bureau of the Census, examine the feasibility of
disaggregating such data using such racial groups while
protecting student privacy.
(c) Best Practices.--Not later than 6 months after the completion
of the study required under subsection (a), the Secretary of Education
shall issue best practices with respect to disaggregating data reported
to the Secretary of Education using the racial groups identified by the
American Community Survey of the Bureau of the Census.
SEC. 9008. DISAGGREGATION OF DATA BY SEXUAL ORIENTATION AND GENDER
IDENTITY.
(a) Study Required.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Education shall carry out a
study on the options for disaggregating data reported under the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.) to the Secretary of
Education by sexual orientation and gender identity.
(b) Elements.--The study required by subsection (a) shall--
(1) survey the methods by which institutions of higher
education (as defined in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) collect, report, and use data on
sexual orientation and gender identity;
(2) survey each method by which the Secretary of Education
disaggregates data by sexual orientation and gender identity;
(3) survey the methods by which the Secretary of Education
disaggregates data for other similarly-sized populations; and
(4) identify options for disaggregating data reported under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) by
sexual orientation and gender identity while protecting student
privacy.
(c) Best Practices.--Not later than 6 months after the completion
of the study required under subsection (a), the Secretary of Education
shall issue best practices with respect to disaggregating data reported
to the Secretary of Education by sexual orientation and gender
identity.
SEC. 9009. ACCESSIBLE INSTRUCTIONAL MATERIALS AND TECHNOLOGY.
(a) Establishment of Commission.--The Speaker of the House of
Representatives, the President pro tempore of the Senate, and the
Secretary of Education shall establish an independent commission,
comprised of key stakeholders, to develop guidelines for accessible
postsecondary electronic instructional materials and related
technologies in order--
(1) to ensure students with disabilities are afforded the
same educational benefits provided to students without
disabilities through the use of electronic instructional
materials and related technologies;
(2) to improve the selection and use of such materials and
technologies at institutions of higher education; and
(3) to encourage entities that produce such materials and
technologies to make accessible versions more readily available
in the market.
(b) Review.--In carrying out subsection (a), the commission shall--
(1) review applicable information technology accessibility
standards; and
(2) compile and annotate such accessibility standards as an
additional information resource for institutions of higher
education and companies that service the higher education
market.
(c) Membership.--
(1) Stakeholder groups.--The commission shall be composed
of representatives from the following categories:
(A) Communities of persons with disabilities for
whom the accessibility of postsecondary electronic
instructional materials and related technologies is a
significant factor in ensuring equal participation in
higher education, and nonprofit organizations that
provide accessible electronic materials to these
communities.
(B) Higher education leadership, including
institution of higher education presidents, provosts,
deans, vice presidents or deans of libraries, chief
information officers, and other senior institutional
executives.
(C) Developers of postsecondary electronic
instructional materials and manufacturers of related
technologies.
(2) Appointment of members.--The commission members shall
be appointed as follows:
(A) 6 members, 2 from each category described in
paragraph (1), shall be appointed by the Speaker of the
House of Representatives, 3 of whom shall be appointed
on the recommendation of the majority leader of the
House of Representatives and 3 of whom shall be
appointed on the recommendation of the minority leader
of the House of Representatives, with the Speaker
ensuring that 1 developer of postsecondary electronic
instructional materials and 1 manufacturer of related
technologies are appointed. The Speaker shall also
appoint 2 additional members, 1 student with a
disability and 1 faculty member from an institution of
higher education.
(B) 6 members, 2 from each category described in
paragraph (1), shall be appointed by the President pro
tempore of the Senate, 3 of whom shall be appointed on
the recommendation of the majority leader of the Senate
and 3 of whom shall be appointed on the recommendation
of the minority leader of the Senate, with the
President pro tempore ensuring that 1 developer of
postsecondary electronic instructional materials and 1
manufacturer of related technologies are appointed. The
President pro tempore shall also appoint 2 additional
members, 1 student with a disability and 1 faculty
member from an institution of higher education.
(C) 3 members, each of whom must possess extensive,
demonstrated technical expertise in the development and
implementation of accessible postsecondary electronic
instructional materials, shall be appointed by the
Secretary of Education. 1 of these members shall
represent postsecondary students with disabilities, 1
shall represent higher education leadership, and 1
shall represent developers of postsecondary electronic
instructional materials.
(3) Eligibility to serve as a member.--Federal employees
are ineligible for appointment to the commission. An appointee
to a volunteer or advisory position with a Federal agency or
related advisory body may be appointed to the commission so
long as his or her primary employment is with a non-Federal
entity and he or she is not otherwise engaged in financially
compensated work on behalf of the Federal Government, exclusive
of any standard expense reimbursement or grant-funded
activities.
(d) Authority and Administration.--
(1) Authority.--The commission's execution of its duties
shall be independent of the Secretary of Education, the
Attorney General, and the head of any other agency or
department of the Federal Government with regulatory or
standard setting authority in the areas addressed by the
commission.
(2) Administration.--
(A) Staffing.--There shall be no permanent staffing
for the commission.
(B) Leadership.--Commission members shall elect a
chairperson from among the appointees to the
commission.
(C) Administrative support.--The Commission shall
be provided administrative support, as needed, by the
Secretary of Education through the Office of
Postsecondary Education of the Department of Education.
(e) Duties.--
(1) Guidelines.--Not later than 18 months after the date of
enactment of this Act, subject to a 6-month extension that it
may exercise at its discretion, the commission shall--
(A) develop and issue guidelines for accessible
postsecondary electronic instructional materials, and
related technologies; and
(B) in developing the guidelines, the commission
shall--
(i) establish a technical panel pursuant to
paragraph (4) to support the commission in
developing the guidelines;
(ii) develop criteria for determining which
materials and technologies constitute
postsecondary electronic instructional
materials and related technologies;
(iii) identify existing national and
international accessibility standards that are
relevant to student use of postsecondary
electronic instructional materials and related
technologies at institutions of higher
education;
(iv) identify and address any unique
pedagogical and accessibility requirements of
postsecondary electronic instructional
materials and related technologies that are not
addressed, or not adequately addressed, by the
identified, relevant existing accessibility
standards;
(v) identify those aspects of
accessibility, and types of postsecondary
instructional materials and related
technologies, for which the commission cannot
produce guidelines or which cannot be addressed
by existing accessibility standards due to--
(I) inherent limitations of
commercially available technologies; or
(II) the challenges posed by a
specific category of disability that
covers a wide spectrum of impairments
and capabilities which makes it
difficult to assess the benefits from
particular guidelines on a categorical
basis;
(vi) ensure that the guidelines are
consistent with the requirements of section 504
of the Rehabilitation Act of 1973 (29 U.S.C.
794) and titles II and III of the Americans
with Disabilities Act (42 U.S.C. 12131 et seq.;
42 U.S.C. 12181 et seq.);
(vii) ensure that the guidelines are
consistent, to the extent feasible and
appropriate, with the technical and functional
performance criteria included in the national
and international accessibility standards
identified by the commission as relevant to
student use of postsecondary electronic
instructional materials and related
technologies;
(viii) allow for the use of an alternative
design or technology that results in
substantially equivalent or greater
accessibility and usability by individuals with
disabilities than would be provided by
compliance with the guidelines; and
(ix) provide that where electronic
instructional materials, or related
technologies, that comply fully with the
guidelines are not commercially available, or
where such compliance is not technically
feasible, the institution may select the
product that best meets the guidelines
consistent with the institution's business and
pedagogical needs.
(2) Annotated list of information technology standards.--
Not later than 18 months after the date of the enactment of
this Act, subject to a 6-month extension that it may exercise
at its discretion, the commission established in section 2
shall, with the assistance of the technical panel established
under paragraph (4), develop and issue an annotated list of
information technology standards.
(3) Approval.--Issuance of the guidelines and annotated
list of information technology standards shall require approval
of at least 75 percent of the members of the commission.
(4) Technical panel.--Not later than 1 month after first
meeting, the Commission shall appoint and convene a panel of 12
technical experts, each of whom shall have extensive,
demonstrated technical experience in developing, researching,
or implementing accessible postsecondary electronic
instructional materials, or related technologies. The
commission has discretion to determine a process for
nominating, vetting, and confirming a panel of experts that
fairly represents the stakeholder communities on the
commission. The technical panel shall include a representative
from the United States Access Board.
(f) Review of Guidelines.--Not later than 5 years after issuance of
the guidelines and annotated list of information technology standards
described in subsections (a) and (b), and every 5 years thereafter, the
Secretary of Education shall publish a notice in the Federal Register
requesting public comment about whether there is a need to reconstitute
the commission to update the guidelines and annotated list of
information technology standards to reflect technological advances,
changes in postsecondary electronic instructional materials and related
technologies, or updated national and international accessibility
standards. The Secretary shall then submit a report and recommendation
to Congress regarding whether the Commission should be reconstituted.
(g) Rule of Application.--
(1) Nonconforming postsecondary electronic instructional
materials or related technologies.--Nothing in this section
shall be construed to require an institution of higher
education to require, provide, or both recommend and provide,
postsecondary electronic instructional materials or related
technologies that conform to the guidelines. However, an
institution that selects or uses nonconforming postsecondary
electronic instructional materials or related technologies must
otherwise comply with existing obligations under section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) and titles II
and III of the Americans with Disabilities Act (42 U.S.C. 12131
et seq.; 42 U.S.C. 12181 et seq.) to provide access to the
educational benefit afforded by such materials and technologies
through provision of appropriate and reasonable modification,
accommodation, and auxiliary aids or services.
(2) Relationship to existing laws and regulations.--With
respect to the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.) and the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.), nothing in this Act may be construed--
(A) to authorize or require conduct prohibited
under the Americans with Disabilities Act of 1990 and
the Rehabilitation Act of 1973, including the
regulations issued pursuant to those laws;
(B) to expand, limit, or alter the remedies or
defenses under the Americans with Disabilities Act of
1990 and the Rehabilitation Act of 1973;
(C) to supersede, restrict, or limit the
application of the Americans with Disabilities Act of
1990 and the Rehabilitation Act of 1973; or
(D) to limit the authority of Federal agencies to
issue regulations pursuant to the Americans with
Disabilities Act of 1990 and the Rehabilitation Act of
1973.
(h) Definitions.--In this section:
(1) Annotated list of information technology standards.--
The term ``annotated list of information technology standards''
means a list of existing national and international
accessibility standards relevant to student use of
postsecondary electronic instructional materials and related
technologies, and to other types of information technology
common to institutions of higher education, such as
institutional websites or registration systems, annotated by
the commission established pursuant to this section. The
annotated list of information technology standards is intended
to serve solely as a reference tool to inform any consideration
of the relevance of such standards in higher education
contexts.
(2) Postsecondary electronic instructional materials.--The
term ``postsecondary electronic instructional materials'' means
digital curricular content that is required, provided, or both
recommended and provided by an institution of higher education
for use in a postsecondary instructional program.
(3) Related technologies.--The term ``related
technologies'' refers to any software, applications, learning
management or content management systems, and hardware that an
institution of higher education requires, provides, or both
recommends and provides for student access to and use of
postsecondary electronic instructional materials in a
postsecondary instructional program.
(4) Technical panel.--The term ``technical panel'' means a
group of experts with extensive, demonstrated technical
experience in the development and implementation of
accessibility features for postsecondary electronic
instructional materials and related technologies, established
by the Commission pursuant to subsection (e)(4), which will
assist the commission in the development of the guidelines and
annotated list of information technology standards authorized
under this section.
SEC. 9010. SERVING AND SUPPORTING STUDENTS WITH MENTAL HEALTH
DISABILITIES IN INSTITUTIONS OF HIGHER EDUCATION.
(a) Findings and Purposes.--
(1) Findings.--Congress finds the following:
(A) More than 75 percent of mental health
conditions begin before the age of 24.
(B) More than 25 percent of students between the
ages of 18 and 24 reported a mental health concern.
(C) More than 50 percent of students between the
ages of 18 and 24 reported having a severe
psychological problem.
(D) More than 50 percent of students between the
ages of 18 and 24 reported feelings of hopelessness.
(E) Higher education counseling centers are
devoting more time to rapid-response treatment with
more than 25 percent of students who sought help
reporting they had intentionally hurt themselves.
(F) Over a 5-year period, counseling center
utilization increased by an average of 30 to 40
percent, while enrollment increased by only 5 percent,
forcing institutions to stretch mental health services
to more students without increasing resources.
(2) Purposes.--The purposes of this section are the
following:
(A) To ensure States and institutions of higher
education are provided with accurate information on the
mental health concerns facing students.
(B) To provide detailed recommendations that
institutions of higher education, States, and the
Federal Government can take to improve the mental
health services available to students and properly
treat the rising number of students with mental health
issues.
(b) Advisory Commission on Serving and Supporting Students With
Mental Health Disabilities in Institutions of Higher Education.--
(1) In general.--The Secretary of Education shall establish
a commission to be known as the Advisory Commission on Serving
and Supporting Students with Mental Health Disabilities in
Institutions of Higher Education (referred to in this section
as the ``Commission'').
(2) Membership.--
(A) Total number of members.--The Commission shall
include not more than 20 members, who shall be
appointed by the Secretary of Education in accordance
with subparagraphs (B) and (C).
(B) Members of the commission.--The Commission
shall include 1 representative from each of the
following:
(i) The Office of Postsecondary Education
of the Department of Education.
(ii) The Office of Special Education and
Rehabilitation Services of the Department of
Education.
(iii) The Office of Civil Rights of the
Department of Education.
(iv) The Office of Civil Rights of the
Department of Justice.
(v) The National Council on Disability.
(vi) A membership association for
administrative and personnel professionals
focused on creating an inclusive higher
education environment for individuals with
disabilities, as determined by the Secretary.
(vii) An organization that represents the
Protection and Advocacy for Individuals with
Mental Illness program, as determined by the
Secretary.
(viii) An organization operated by and
representing secondary and postsecondary
education students with mental health
disabilities advocating for mental health
services and suicide prevention.
(ix) An organization representing college
and university counseling directors.
(C) Additional members of the commission.--In
addition to the members included under subparagraph
(B), the Commission shall include the following:
(i) Four members from leadership of
institutions of higher education who have
demonstrated experience in successfully
supporting the retention and graduation of
students with mental health disabilities,
including from counseling and psychiatric
services staff. With respect to such 4 members,
1 member shall be a staff member of a 2-year
degree-granting institution of higher
education, 1 member shall be a staff member
from a 4-year degree-granting institution of
higher education, 1 member shall be a member of
campus law enforcement, and 1 member shall
serve as a general counsel. Such 4 members
shall represent institutions of differing
sizes.
(ii) Three members from family members of
individuals who are--
(I) enrolled in an institution of
higher education on the date such
family member is appointed to the
Commission; or
(II) former students with a mental
health disability.
(iii) Four members from individuals with
mental health disabilities, including not less
than 2 individuals enrolled in an institution
of higher education on the date of appointment
to the Commission. Any remaining member shall
be an individual with a mental health
disability who has attended an institution of
higher education.
(D) Timing.--The Secretary of Education shall
establish the Commission and appoint the members of the
Commission not later than 60 days after the date of
enactment of this Act.
(3) Chairperson and vice chairperson.--The Commission shall
select a chairperson and vice chairperson from among the
members of the Commission. Either the chairperson or the vice
chairperson shall be a student or former student with a mental
health disability.
(4) Meetings.--
(A) In general.--The Commission shall meet at the
call of the chairperson, but not less often than 8
times.
(B) First meeting.--Not later than 60 days after
the appointment of the members of the Commission under
paragraph (2), the Commission shall hold the
Commission's first meeting.
(5) Duties.--The Commission shall conduct a study, using
the highest quality and most representative data and research
available, and prepare a report for the Secretary of Education
that includes the following:
(A) Findings from stakeholders, including through
solicitation of public testimony, related to the
challenges faced by students with mental health
disabilities in institutions of higher education,
including--
(i) the services available to students with
mental health disabilities in institutions of
higher education and their effectiveness in
supporting these students;
(ii) the impact of policies and procedures
that help or hinder the goal of providing equal
opportunity for students with mental health
disabilities, such as reasonable accommodation
policies, mandatory and voluntary leave
policies, and disciplinary policies;
(iii) the use of protected health
information of students with mental health
disabilities by institutions of higher
education, including the extent to which
campus-based mental health providers share this
information with college or university
officials without student consent; and
(iv) the impact of providing mental health
services on a student's academic performance,
well-being, and ability to complete college.
(B) Conclusions on the major challenges facing
students with mental health disabilities in
institutions of higher education.
(C) Recommendations to improve the overall
education, and retention and graduation rates, of
students with mental health disabilities in
institutions of higher education, with the goal of
helping these students access educational opportunities
equal to those of their peers without disabilities.
(6) Commission personnel matters.--
(A) Travel expenses.--The members of the Commission
shall not receive compensation for the performance of
services for the Commission, but shall be allowed
reasonable travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
services for the Commission. Notwithstanding section
1342 of title 31, United States Code, the Secretary of
Education may accept the voluntary and uncompensated
services of members of the Commission.
(B) Staff.--The Secretary of Education may
designate such personnel as may be necessary to enable
the Commission to perform its duties.
(C) Detail of government employees.--Any Federal
Government employee, with the approval of the head of
the appropriate Federal agency, may be detailed to the
Commission without reimbursement, and such detail shall
be without interruption of loss of civil service status
or privilege.
(D) Facilities, equipment, and services.--The
Secretary of Education shall make available to the
Commission, under such arrangements as may be
appropriate, necessary equipment, supplies, and
services.
(7) Reports.--
(A) Interim and final reports.--The Commission
shall prepare and submit to the Secretary of Education,
as well as the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives--
(i) an interim report that summarizes the
progress of the Commission, along with any
interim findings, conclusions, and
recommendations as described in paragraph (5);
and
(ii) a final report that states final
findings, conclusions, and recommendations as
described in such paragraph.
(B) Preparation and submission.--The reports
described in subparagraph (A) shall be prepared and
submitted--
(i) in the case of the interim report, not
later than 1 year after the date on which all
the members of the Commission are appointed;
and
(ii) in the case of the final report, not
later than 2 years after the date on which all
the members of the Commission are appointed.
(8) Termination.--The Commission shall terminate on the day
after the date on which the Commission submits the final report
under paragraph (7).
(c) GAO Study.--The Comptroller General of the United States shall
submit to Congress a report that examines the challenges faced by
students with mental health disabilities in institutions of higher
education, including--
(1) the services available to students with mental health
disabilities in institutions of higher education and what is
known about their effectiveness in supporting these students;
(2) the impact of policies and procedures that help or
hinder the goal of providing equal opportunity for students
with mental health disabilities, such as reasonable
accommodation policies, mandatory and voluntary leave policies,
and disciplinary policies;
(3) the use of protected health information of students
with mental health disabilities by institutions of higher
education, including campus-based mental health providers
sharing this information with college or university officials
without student consent;
(4) the impact of providing mental health services on a
student's academic performance, well-being, and ability to
complete college;
(5) information on the major challenges facing students
with mental health disabilities in institutions of higher
education; and
(6) recommendations to improve the overall education, and
retention and graduation rates, of students with mental health
disabilities in institutions of higher education, with the goal
of helping these students access educational opportunities
equal to those of their peers without disabilities.
SEC. 9011. FEDERAL STUDENT LOAN CANCELLATION COMMISSION.
(a) Purpose.--The purpose of this section is to establish a
commission to study--
(1) the impact of Federal student loan debt on the short-
and long-term socioeconomic outcomes of--
(A) individual borrowers; and
(B) regional and national economies;
(2) the feasibility of canceling Federal student loan debt;
and
(3) the benefits of any such cancellation.
(b) Establishment.--There is established the Commission on Federal
Student Loan Cancellation (hereinafter in this section referred to as
the ``Commission'').
(c) Duties.--The Commission shall perform the following duties:
(1) Study the decline in State investment in, and the
attendant rise in debt financing for, higher education from
1965 to the date of enactment of this Act.
(2) Identify, compile, and synthesize the relevant corpus
of evidentiary documentation on Federal student loans and the
impact of those loans on borrowers, disaggregated by--
(A) Pell Grant recipient status;
(B) 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)), as amended by section 10401 of
this Act);
(C) completion and non-completion of each category
of educational programs (as defined in section
435(a)(9)(E) of the Higher Education Act of 1965, as
added by section 4110(a)(1)(B) of this Act); and
(D) post-graduation employment information.
(3) Analyze evidentiary data on the following
relationships:
(A) The macroeconomic impacts of partial and total
student debt cancellation.
(B) The impact of student loan default on long-term
financial success and security.
(C) The impact of partial and total student debt
cancellation on income inequality, including the racial
wealth gap.
(D) The impact of the income inequality and the
racial wealth gap on student debt repayment.
(4) Study proposals to cancel Federal student loan debt in
consideration of the Commission's findings under paragraph (3).
(5) Study the feasibility of establishing a Federal student
loan cancellation program.
(d) Report.--
(1) In general.--Not later than 24 months after the date on
which the last member of the Commission is appointed, the
Commission shall submit to the Congress a report containing the
data collected and analyzed under paragraphs (1) through (3) of
subsection (c) and recommendations to create a Federal student
loan cancellation program in consideration of the Commission's
findings under subsection (c)(3).
(2) Specific questions.--In making recommendations under
paragraph (1), the Commission shall address, among other
issues, the following:
(A) Whether any borrowers should be prioritized in
loan cancellation and a rationale for any such
prioritization.
(B) How such recommendations and the proposed loan
cancellation program take into consideration the wealth
disparities faced by racial groups.
(C) How the proposed cancellation program interacts
with existing student loan cancellation programs and
policies.
(D) How the proposed cancellation program protects
future students from facing the same debt burden.
(E) How the proposed cancellation program should be
funded and implemented.
(e) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 13 members, who shall be appointed, not later 180
days after the date of enactment of this Act, as follows:
(A) One member shall be appointed by the President.
(B) Four members shall be appointed by the Speaker
of the House of Representatives.
(C) Four members shall be appointed by the
President pro tempore of the Senate.
(D) Four members shall be appointed by the
Secretary of Education.
(2) Composition.--All members of the Commission shall be
individuals who are qualified to serve on the Commission by
virtue of their expertise in Federal student aid and student
loan debt. The Commission shall be composed, at a minimum, of
Department of Education officials, academic researchers,
consumer advocates, and an impacted individual.
(f) Terms.--The term of office for members shall be for the life of
the Commission. A vacancy in the Commission shall not affect the powers
of the Commission and shall be filled in the same manner in which the
original appointment was made.
(g) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members. The term of office of each shall be
for the life of the Commission.
(h) Compensation.--Each member of the Commission shall serve
without compensation. All members of the Commission shall be reimbursed
for travel, subsistence, and other necessary expenses incurred by them
in the performance of their duties to the extent authorized by chapter
57 of title 5, United States Code.
(i) Powers of the Commission.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out the provisions of this section, hold
such hearings and sit and act at such times and at such places
in the United States, and request the attendance and testimony
of such witnesses and the production of such books, records,
correspondence, memoranda, papers, and documents, as the
Commission considers appropriate.
(2) Powers of subcommittees and members.--Any subcommittee
or member of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized
to take by this section.
(3) Obtaining official data.--The Commission may acquire
directly from the Secretary of Education available information
which the Commission considers useful in the discharge of its
duties. The Secretary of Education shall cooperate with the
Commission with respect to such information and shall furnish
all information requested by the Commission to the extent
permitted by law.
(j) Termination.--The Commission shall terminate 90 days after the
date on which the Commission submits its report to the Congress under
subsection (d).
SEC. 9012. DISTRIBUTION OF RESOURCES TO PREVENT INCIDENTS OF BIAS ON
CAMPUS.
Not later that 1 year after the date of enactment of this Act and
every 2 years thereafter, the Secretary of Education shall, in
consultation with the Attorney General, disseminate to institutions of
higher education resources (including best practices information) about
preventing and responding to incidents of bias, including bias based on
actual or perceived race, color, religion, national origin, sex
(including sexual orientation, gender identity, pregnancy, childbirth,
a medical condition related to pregnancy or childbirth, and sex
stereotype), or disability, at institutions of higher education
(including elements of institutional policies that have proven
successful).
SEC. 9013. GAO STUDY ON RACIAL AND SOCIOECONOMIC EQUITY GAPS AT PUBLIC
4-YEAR INSTITUTIONS.
(a) Report.--The Comptroller General shall prepare and submit a
report to the authorizing committees that examines--
(1) racial and socioeconomic equity gaps among racial and
income groups in enrollment, degree attainment, and Federal
student loan repayment rates, and other outcomes at public 4-
year degree granting institutions of higher education,
disaggregated by State;
(2) the extent to which the rates and other outcomes
described in paragraph (1) have changed over time;
(3) the factors that may contribute to differences in the
rates and other outcomes described in paragraph (1) among
racial and income groups (such as State spending on public, 4-
year institutions of higher education, the availability of
Federal and State financial aid, and FAFSA filing rates);
(4) efforts by States and institutions of higher education
to attempt to close racial and income gaps in the rates and
other outcomes described in paragraph (1);
(5) the racial breakdown of faculty and staff at public 4-
year institutions of higher education and how retention rates
for minority faculty and staff compare to non-minority faculty
and staff; and
(6) efforts by States and institutions of higher education
to attempt to improve inclusion for students belonging to
racial and income groups that are historically underrepresented
in higher education.
(b) Definitions.--In this section--
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Authorizing committees; states.--The terms
``authorizing committees'' and ``State'' have the meanings
given the terms in section 103 of the Higher Education Act of
1965 (20 U.S.C. 1003).
SEC. 9014. GAO STUDY ON LICENSE REVOCATIONS RELATED TO STUDENT LOAN
DEFAULTS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on State practices related to the denial, suspension,
or revocation of an individual's professional or driver's license as a
penalty for student loan default.
(b) Contents.--The study shall include a review of--
(1) State laws related to the denial, suspension, or
revocation of a professional or driver's license as a penalty
for student loan default, and the types of licenses included in
such laws;
(2) the extent to which student loan borrowers are affected
by such license denials, suspensions, or revocations; and
(3) the actual and potential consequences of such actions
on Federal student loan borrowers.
(c) Report.--The Comptroller General shall submit a report to the
Committee on Education and Labor of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate
containing the results of the study, together with any recommendations
the Comptroller General determines appropriate.
(d) Outreach.--In conducting the study, the Comptroller General
shall seek information from State or local licensing boards and other
entities administering State laws pertaining to the denial, suspension,
or revocation of a professional or driver's license as a penalty for
student loan default, and other nonprofit entities that have researched
issues pertaining to State licensure.
TITLE X--AMENDMENTS TO OTHER LAWS
PART A--EDUCATION OF THE DEAF ACT OF 1986
SEC. 10001. COMPOSITION OF BOARD OF TRUSTEES.
Section 103(a)(1) of the Education of the Deaf Act of 1986 (20
U.S.C. 4303(a)(1)) is amended--
(1) by striking ``twenty-one'' and inserting ``twenty-
three'';
(2) in subparagraph (A)--
(A) by striking ``three'' and inserting ``four'';
and
(B) in clause (i)--
(i) by striking ``one'' and inserting
``two''; and
(ii) by striking ``Senator'' and inserting
``Senators''; and
(3) in subparagraph (B), by striking ``eighteen'' and
inserting ``nineteen''.
SEC. 10002. ADMINISTRATIVE REQUIREMENTS OF LAURENT CLERC NATIONAL DEAF
EDUCATION CENTER.
Section 104(b)(5) of the Education of the Deaf Act of 1986 (20
U.S.C. 4304(b)(5)) is amended to read as follows:
``(5) The University, for purposes of the elementary and
secondary education programs carried out by the Clerc Center,
shall--
``(A)(i)(I) provide an assurance to the Secretary
that the University has adopted and is implementing
challenging State academic standards that meet the
requirements of section 1111(b)(1) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
6311(b)(1));
``(II) demonstrate to the Secretary that the
University is implementing a set of high-quality
student academic assessments in mathematics, reading or
language arts, and science, and any other subjects
chosen by the University, that meet the requirements of
section 1111(b)(2) of such Act (20 U.S.C. 6311(b)(2));
and
``(III) demonstrate to the Secretary that the
University is implementing an accountability system
consistent with section 1111(c) of such Act (20 U.S.C.
6311(c)); or
``(ii)(I) select the challenging State academic
standards and State academic assessments of a State,
adopted and implemented, as appropriate, pursuant to
paragraphs (1) and (2) of section 1111(b) of such Act
(20 U.S.C. 6311(b)); and
``(II) adopt the accountability system, consistent
with section 1111(c) of such Act (20 U.S.C. 6311(c)),
of such State; and
``(B) publicly report, except in a case in which
such reporting would not yield statistically reliable
information or would reveal personally identifiable
information about an individual student--
``(i) the results of the academic
assessments implemented under subparagraph (A);
and
``(ii) the results of the annual evaluation
of the programs at the Clerc Center, as
determined using the accountability system
adopted under subparagraph (A).''.
SEC. 10003. FEDERAL ENDOWMENT PROGRAMS FOR GALLAUDET UNIVERSITY AND THE
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF.
Section 207 of the Education of the Deaf Act of 1986 (20 U.S.C.
4357) is amended--
(1) in subsection (e), by striking ``(and its non-Federal
match)''; and
(2) in subsection (g)(1), by striking ``amounts contributed
to the fund from non-Federal sources, and'' and inserting ``and
the related''.
PART B--TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE ACT OF
1978
SEC. 10101. TRIBALLY CONTROLLED COLLEGES AND UNIVERSITIES ASSISTANCE
ACT OF 1978.
(a) Definitions.--Section 2 of the Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1801) is amended--
(1) in subsection (a)--
(A) in paragraph (4), by striking ``or has been
formally'' and inserting ``and has been formally'';
(B) in paragraph (7), by adding ``and'' at the end;
(C) in paragraph (8), by striking ``; and'' and
inserting a period; and
(D) by striking paragraph (9); and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Such number shall be calculated based on the number
of Indian students who are enrolled--
``(A) at the conclusion of the third week of each
academic term; or
``(B) on the fifth day of a shortened program
beginning after the conclusion of the third full week
of an academic term.'';
(B) in paragraph (3), by striking ``for purposes of
obtaining'' and inserting ``solely for the purpose of
obtaining'';
(C) in paragraph (4)--
(i) by striking ``students'' and inserting
``individuals 16 years of age or older''; and
(ii) by striking ``credit hours.'' and
inserting ``credit hours, except that the
provisions of paragraphs (1) and (3) shall not
apply to any determination under this
paragraph.'';
(D) in paragraph (5)--
(i) in subparagraph (A)--
(I) by inserting ``hour'' after
``credit'';
(II) by striking ``in the case of
an institution on a quarter system, or
15 contact hours in the case of an
institution on a semester system,'';
and
(III) by striking ``and'' at the
end;
(ii) by redesignating subparagraph (B) as
subparagraph (C); and
(iii) by inserting after subparagraph (A)
the following:
``(B) shall be determined as one academic credit
hour for every three continuing education program
credits earned in the case of an institution on a
semester system (which may be adjusted by the
Secretary, if necessary, for institutions using
academic periods other than semesters, such as
trimesters or quarters); and''; and
(E) by inserting after paragraph (5), the
following:
``(6) Enrollment data from the prior-prior academic year
shall be used.''.
(b) Authorization of Appropriations.--
(1) In general.--The Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) is
amended by inserting after section 2 (25 U.S.C. 1801), the
following:
``authorization of appropriations
``Sec. 3. (a)(1) There are authorized to be appropriated to carry
out sections 105, 107, 112(b), and 113 such sums as may be necessary
for fiscal year 2021 and each of the five succeeding fiscal years.
``(2) Funds appropriated pursuant to the authorization under
paragraph (1) shall be transferred by the Secretary of the Treasury
through the most expeditious method available, with each of the
tribally controlled colleges or universities being designated as its
own certifying agency.
``(b) There are authorized to be appropriated to carry out title
III such sums as may be necessary for fiscal year 2021 and each of the
five succeeding fiscal years. Any funds appropriated pursuant to this
subsection are authorized to remain available until expended.
``(c) There are authorized to be appropriated to carry out titles
IV and V such sums as may be necessary for fiscal year 2021 and each of
the five succeeding fiscal years.
``(d)(1) For the purpose of affording adequate notice of funding
available under this Act, amounts appropriated in an appropriation Act
for any fiscal year to carry out this Act shall become available for
obligation on July 1 of that fiscal year and shall remain available
until September 30 of the succeeding fiscal year.
``(2) In order to effect a transition to the forward funding method
of timing appropriation action described in paragraph (1), there are
authorized to be appropriated, in an appropriation Act or Acts for the
same fiscal year, two separate appropriations to carry out this Act,
the first of which shall not be subject to paragraph (1).''.
(2) Conforming amendments.--
(A) Section 110 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1810) is repealed.
(B) Section 111 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1811) is amended by striking ``110(a)(2)'' and
inserting ``3(a)(2)''.
(C) Section 306 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1836) is repealed.
(D) Title III of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C. 1831
et seq.) is amended by striking ``section 306'' each
place it appears and inserting ``section 3(b)''
(E) Section 403 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1852) is repealed.
(F) Section 502 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1862) is amended--
(i) in subsection (a), by striking
``Subject to the availability of
appropriations, for fiscal year 2009 and each
fiscal year thereafter,'' and inserting ``From
the amount made available under section 3(c)
for each fiscal year,''; and
(ii) in subsection (d)(1), by striking
``For fiscal year 2009 and each fiscal year
thereafter, of amounts made available pursuant
to section 504,'' and inserting ``From the
amount made available under section 3(c) for
each fiscal year,''.
(G) Section 504 of the Tribally Controlled Colleges
and Universities Assistance Act of 1978 (25 U.S.C.
1864) is repealed.
(c) Annual Report on Emerging Tribal Colleges.--Section 104 of the
Tribally Controlled Colleges and Universities Assistance Act of 1978
(25 U.S.C. 1804a) is amended to read as follows:
``annual report on emerging tribal colleges
``Sec. 104. Not later than December 31 of each year, the Secretary
shall submit a report to the Senate Committee on Indian Affairs, the
Senate Committee on Health, Education, Labor and Pensions, the House
Committee on Natural Resources, the House Committee on Education and
Labor, the Senate Appropriations Subcommittee on the Interior, and the
House Appropriations Subcommittee on the Interior on developing and
emerging tribally controlled colleges or universities. Such report
shall include information on--
``(1) inquiries received by the Secretary from federally
recognized Indian Tribes and tribal organizations regarding the
process for establishing a tribally controlled college or
university;
``(2) the status of ongoing efforts to establish tribally
controlled colleges or universities;
``(3) the geographic location, current and projected size,
and anticipated application time frame of each reported
institution; and
``(4) such other data as the Secretary may deem
relevant.''.
(d) Eligibility Studies.--Section 106 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1806) is
amended--
(1) in subsection (b), by striking ``for the fiscal year
succeeding'' and inserting ``for the second fiscal year
succeeding''; and
(2) in subsection (c), by striking ``drawn from'' and all
that follows through the period at the end and inserting
``drawn from the general administrative appropriations to the
Secretary.''
(e) Grants to Tribally Controlled Colleges or Universities.--
Section 107 of the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1807) is amended--
(1) in subsection (c), by striking ``given to
institutions'' and all that follows through the period at the
end and inserting ``given to institutions which received
payments under this title in fiscal year 2019 or were
affiliated with an institution which received payments under
this title in fiscal year 2019.''; and
(2) in subsection (d), by inserting ``higher education''
after ``national Indian''.
(f) Amount of Grants.--Section 108 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1808) is
amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) Exceptions.--
``(A) If the sum appropriated for any fiscal year
for payments under this section is not sufficient to
pay in full the total amount that approved applicants
are eligible to receive under this section for such
fiscal year, the Secretary shall first allocate to each
such applicant that received funds under this part for
the preceding fiscal year an amount equal to 100
percent of the product of the per capita payment for
the preceding fiscal year and such applicant's Indian
student count for the current program year, plus an
amount equal to the actual cost of any increase to the
per capita figure resulting from inflationary increases
to necessary costs beyond the institution's control.
``(B) The amount of a grant under paragraph (1)
shall not exceed an amount equal to the total cost of
the education program provided by the applicable
tribally controlled college or university.''; and
(2) in subsection (b)(1)--
(A) by striking ``of the funds available for
allotment by October 15 or no later than 14 days after
appropriations become available'' and inserting ``of
the amounts appropriated for any fiscal year on or
before July 1 of that fiscal year''; and
(B) by striking ``January 1'' and inserting
``September 30''.
(g) Report on Facilities.--Section 112 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1812) is
amended to read as follows:
``report on facilities
``Sec. 112. (a) The Secretary shall provide for the conduct of a
study on the condition of tribally controlled college or university
facilities, which, for purposes of this section, shall include the
facilities of a Tribal College or University, as defined in section
316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). Such
study shall identify the need for new construction, renovation, and
infrastructure enhancements of tribally controlled college or
university facilities.
``(b) The study required in subsection (a) may be conducted
directly by the Secretary or by contract.
``(c) A report on the results of the study required in subsection
(a) shall be submitted to the Senate Committee on Indian Affairs, the
Senate Committee on Health, Education, Labor and Pensions, the House
Committee on Natural Resources, the House Committee on Education and
Labor, the Senate Appropriations Subcommittee on the Interior, and the
House Appropriations Subcommittee on the Interior not later than 18
months after the date of the enactment of the College Affordability
Act.''.
(h) Modification of Facilities Program.--Section 113 of the
Tribally Controlled Colleges and Universities Assistance Act of 1978
(25 U.S.C. 1813) is amended--
(1) in subsection (a), by striking ``of the Administrator
of General Services under section 112(a) of this Act'' and
inserting ``under section 112(c)'';
(2) in subsection (b), by striking ``a tribally controlled
college or university--'' and all that follows through the
period at the end and inserting ``a tribally controlled college
or university shall be a Tribal College or University, as
defined in section 316(b) of the Higher Education Act of 1965
(20 U.S.C. 1059c(b)).'';
(3) by redesignating subsections (d) through (f) as
subsections (e) through (g), respectively; and
(4) by inserting after subsection (c) the following:
``(d) Activities eligible for a grant under this section shall be
activities that address a wide variety of facilities and infrastructure
needs including--
``(1) building of new facilities;
``(2) renovating or expanding existing or acquired
facilities;
``(3) providing new and existing facilities with equipment
and infrastructure, including laboratory equipment, computer
infrastructure and equipment, broadband infrastructure and
equipment, library books, and furniture; and
``(4) property acquisition.''.
(i) Conforming Amendment for the Navajo Tribe.--Section 114(a) of
the Tribally Controlled Colleges and Universities Assistance Act of
1978 (25 U.S.C. 1814(a)) is amended striking ``The Navajo'' and
inserting ``Except as provided in sections 112 and 113, the Navajo''.
(j) Rules and Regulations.--Section 115 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1815) is
repealed.
(k) Endowment Grants.--Section 302 of the Tribally Controlled
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1832) is
amended by adding at the end the following:
``(c) The period of a grant under this section shall be not more
than 20 years. During the grant period, an institution may withdraw and
expend interest income generated by the endowment for any operating or
academic purpose. An institution may not withdraw or expend any of the
endowment fund corpus. After the termination of the grant period, an
institution may use the endowment fund corpus for any operating or
academic purpose.
``(d)(1) If at any time during the grant period an institution
withdraws part of the endowment fund corpus, the institution shall
repay to the Secretary an amount equal to 150 percent of the withdrawn
amount. The Secretary may use up to 75 percent of such repaid funds to
make additional endowment grants to, or to increase existing endowment
grants at, other eligible institutions.
``(2) Notwithstanding subsection (c) and paragraph(1), the
Secretary may allow an institution to expend part of the endowment fund
corpus if the institution demonstrates such an expenditure is necessary
because of--
``(A) a financial emergency, such as a pending insolvency
or temporary liquidity problem;
``(B) a life-threatening situation occasioned by a natural
disaster or arson; or
``(C) any other unusual occurrence or exigent
circumstance.''.
(l) Participation of Tribally Controlled Postsecondary Career and
Technical Institutions Under Other Titles.--Section 503(a) of the
Tribally Controlled Colleges and Universities Assistance Act of 1978
(25 U.S.C. 1863(a)) is amended to read as follows:
``(a) Participation of Tribally Controlled Postsecondary Career and
Technical Institutions Under Other Titles.--For purposes of the
preceding titles of this Act, a tribally controlled postsecondary
career and technical institution shall not be considered to be a
tribally controlled college or university except as follows:
``(1) For purposes of section 105(a)(1), the Secretary
shall provide, upon request from a tribally controlled
postsecondary career and technical institution, technical
assistance either directly or through contract.
``(2) For purposes of section 113, title III, and title IV,
a tribally controlled postsecondary career and technical
institution shall be considered to be a tribally controlled
college or university.''.
(m) Clerical Amendments.--The Tribally Controlled Colleges and
Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.), as
amended by the preceding provisions of this section, is further
amended--
(1) by striking ``Bureau of Indian Affairs'' each place it
appears and inserting ``Bureau of Indian Education'';
(2) by striking ``Navajo Community College Act'' each place
it appears and inserting ``Dine College Act''; and
(3) in section 109 (25 U.S.C. 1809), by redesignating the
second subsection (c) as subsection (d).
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 PROGRAMS.
(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $181,000,000 for fiscal year 2021 and
each of the 5 succeeding fiscal years.
(2) Outlying areas.--In addition to the amounts authorized
to be appropriated under paragraph (1), there are authorized to
be appropriated $1,520,000 for fiscal year 2021 and each of the
5 succeeding fiscal years, for the purpose of awarding funds to
carry out this section to the outlying areas described in
section 115(a) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2325(a)).
(3) Tribally controlled postsecondary career and technical
institutions.--In addition to the amounts authorized to be
appropriated under paragraphs (1) and (2), there are authorized
to be appropriated $10,469,000 for fiscal year 2021 and each of
the 5 succeeding fiscal years, for the purpose of awarding
funds to carry out this section to tribally controlled
postsecondary career and technical institutions described in
section 117(a) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2327(a)).
(b) Allotment and Allocation.--
(1) State allotment.--
(A) In general.--From the amount appropriated under
subsection (a)(1) for each fiscal year, the Secretary
of Education shall allot funds to States in the same
manner as allotments are made to States under 111(a)(2)
of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2321(a)(2)), except that such
section 111(a)(2) shall be applied by substituting
``From the amount appropriated under subsection
(a)(1),'' for ``From the remainder of the amount
appropriated under section 9 and not reserved under
paragraph (1) for a fiscal year,''.
(B) Reallotment.--If for any fiscal year the amount
appropriated for allotments under this paragraph is
insufficient to satisfy the provisions of subparagraph
(A), the payments to all States under such subparagraph
shall be ratably reduced.
(2) Requirements for state allotment.--From the amount
allotted to each State under paragraph (1) for a fiscal year,
the eligible agency shall use such funds in the same manner and
in the same amounts as described in paragraphs (2) and (3) of
section 112(a) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321(a)).
(3) Eligible recipient allocation.--
(A) In general.--From the amount allotted to each
State under paragraph (1) and not used under paragraph
(2) for a fiscal year, the eligible agency shall
allocate funds to each eligible recipient within the
State in the same manner that funds are allocated to
eligible institutions or consortium of eligible
institutions under section 132(a)(2) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2352(a)(2)), except that such section 132(a)(2)
shall be applied by substituting ``the amount allotted
to the State under paragraph (1) and not used under
paragraph (2)'' for ``the portion of funds made
available under section 112(a)(1) to carry out this
section''.
(B) Requirements for allocation.--To receive an
allocation under subparagraph (A), an eligible
recipient shall meet the following requirements:
(i) Provide a description to the Secretary,
at such time and in such manner, as may be
required by the Secretary of how the eligible
recipient will use the allocation to support
and coordinate with--
(I) any funds received by such
eligible recipient under title I of the
Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2321
et seq.); and
(II) the activities described in
the State plan of the eligible agency
that distributes funds under such title
to such eligible recipient, and local
application of such eligible recipient
under such title.
(ii) Establish partnerships with each of
the following:
(I) A local educational agency or a
consortia of local educational
agencies.
(II) An area career and technical
education school, in a case in which
such a school is located in the State
or local area of the eligible
recipient.
(III) A State or local workforce
development system.
(IV) A 4-year institution of higher
education.
(4) Allotments to outlying areas.--From funds appropriated
under subsection (a)(2), the Secretary shall--
(A) make a grant in the amount of $660,000 to Guam;
(B) make a grant in the amount of $350,000 to each
of the Commonwealth of the Northern Mariana Islands and
American Samoa; and
(C) make a grant in the amount of $160,000 to the
Republic of Palau.
(c) Uses of Funds.--
(1) In general.--Each eligible recipient that receives an
allocation under subsection (b)(2) shall use such allocation to
carry out a career and technical education program of study
that shall--
(A) include alignment to career pathways, the use
of articulation agreements, and career guidance and
academic counseling;
(B) combine a minimum of 2 years of secondary
education (as determined under State law) with a
minimum of 2 years of postsecondary education in a
nonduplicative, sequential course of study;
(C) include work-based learning or apprenticeship
programs;
(D) be aligned with--
(i) the workforce development system; and
(ii) institutions of higher education
offering baccalaureate or advanced degree
programs;
(E) offer education and training in high-skill,
high-wage, or in-demand industry sectors and
occupations to meet the regional needs and support the
priorities described in the most recent comprehensive
local needs assessment conducted by the eligible
recipient under section 134(c) of the Carl D. Perkins
Career and Technical Education Act (20 U.S.C. 2354(c));
and
(F) carry out the requirements of subparagraph (A),
(B), (C), (D), or (E) of paragraph (2).
(2) Requirements.--Each career and technical education
program of study described in paragraph (1) shall carry out at
least one of the following:
(A) Supporting the development, delivery, or
implementation of a statewide effort to scale such
program of study and career pathways.
(B) Establishing industry or sector partnerships
inside or outside the State.
(C) Providing equal access to, and supports for,
successful completion of the career and technical
education program of study to individuals who are
members of special populations, including the
development of services appropriate to the needs of
special populations.
(D) Improving career guidance, academic counseling,
and career exploration activities for prospective or
participating students through the development and
implementation of graduation and career plans aligned
to career pathways.
(E) Developing curriculum and supports for
effective transitions between the following:
(i) The transition from a secondary career
and technical education program to a
postsecondary career and technical education
program.
(ii) The transition from postsecondary
career and technical education programs to an
institution of higher education offering a
baccalaureate or an advanced degree program.
(iii) The transition from a workforce
development system to a postsecondary career
and technical education program.
(iv) The transition from a postsecondary
career and technical education program to
employment.
(v) The transition from a career and
technical education program to an
apprenticeship program or from an
apprenticeship program to an institution of
higher education or employment.
(3) Restriction on uses of funds.--Each eligible recipient
that receives an allocation under subsection (b)(2) shall not
use more than 5 percent of such allocation for costs associated
with the administration of activities.
(d) Definitions.--In this section:
(1) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.).
(2) Eligible recipient.--The term ``eligible recipient''
has the meaning given the term in section 3(21)(B) of the Carl
D. Perkins Career and Technical Education Act of 1965 (20
U.S.C. 2302(21)(B)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(5) Perkins cte terms.--The terms ``articulation
agreement'', ``area career and technical education school'',
``career and technical education'', ``eligible agency'',
``program of study'', ``special population'', and ``work-based
learning'' have the meanings given the terms in section 3 of
the Carl D. Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302).
(6) State.--The term ``State'' has the meaning given the
term in section 111(d) of the Carl D. Perkins Career and
Technical Education Act of 2006.
(7) WIOA terms.--The terms ``career pathway'', ``workforce
development system'', ``in-demand industry sector or
occupation'', and ``industry or sector partnership'' have the
meanings given the terms in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3201).
PART D--GENERAL EDUCATION PROVISIONS ACT
SEC. 10301. RELEASE OF EDUCATION RECORDS TO FACILITATE THE AWARD OF A
RECOGNIZED POSTSECONDARY CREDENTIAL.
Section 444(b) of the General Education Provisions Act (20 U.S.C.
1232g(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (K)(ii), by striking ``; and''
and inserting a semicolon; and
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(2) by inserting after subparagraph (L) the following:
``(M) an institution of postsecondary education in which
the student was previously enrolled, to which records of
postsecondary coursework and credits are sent for the purpose
of applying such coursework and credits toward completion of a
recognized postsecondary credential (as that term is defined in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102)), upon condition that the student provides written
consent prior to receiving such credential.''.
PART E--EDUCATION SCIENCES REFORM ACT OF 2002
SEC. 10401. INCLUSION OF RACIAL SUBGROUPS IN IPEDS DATA.
Section 153(a)(3) of the Education Sciences Reform Act of 2002 (20
U.S.C. 9543(a)(3)) is amended--
(1) by striking ``feasible, information'' and inserting the
following: ``feasible--
``(A) information'';
(2) by inserting ``and'' after the semicolon; and
(3) by adding at the end the following:
``(B) information from the Integrated Postsecondary
Education Data Survey, the postsecondary student data
system established under section 132(l), or a successor
system (whichever includes the most recent data), that
is disaggregated by race in a manner that captures all
the racial groups specified in the American Community
Survey of the Bureau of the Census;''.
PART F--U.S. INSTITUTE OF PEACE
SEC. 10501. REAUTHORIZATION OF THE U.S. INSTITUTE OF PEACE.
Section 1710 of the United States Institute of Peace Act (22 U.S.C.
4609) is amended in subsection (a)(1) by striking ``fiscal years 2009
through 2014'' and inserting ``fiscal year 2021 and each of the 5
succeeding fiscal years''.
Union Calendar No. 583
116th CONGRESS
2d Session
H. R. 4674
[Report No. 116-700]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
December 28, 2020
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed