[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 303 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 303

                     To reform the GEAR UP program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 31, 2019

   Mr. Cornyn (for himself, Mr. Manchin, Mr. Tillis, Ms. Harris, Ms. 
 Collins, and Ms. Rosen) introduced the following bill; which was read 
 twice and referred to the Committee on Health, Education, Labor, and 
                                Pensions

_______________________________________________________________________

                                 A BILL


 
                     To reform the GEAR UP program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``GEAR UP for Success Act of 2019''.

SEC. 2. GAINING EARLY AWARENESS AND READINESS FOR UNDERGRADUATE 
              PROGRAMS AMENDMENTS.

    Chapter 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 ``for college 
                readiness'' after ``academic support''; and
                    (B) in subsection (b)--
                            (i) by striking paragraph (3) and inserting 
                        the following:
            ``(3) Priority.--In making awards to eligible entities 
        described in subsection (c), the Secretary--
                    ``(A) may give a competitive priority--
                            ``(i) to eligible entities that--
                                    ``(I) on the day before the date of 
                                enactment of the GEAR UP for Success 
                                Act of 2019, 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;
                            ``(ii) to eligible entities that ensure 
                        that students served under this chapter on the 
                        day before the date of enactment of the GEAR UP 
                        for Success Act of 2019 continue to receive 
                        assistance through the completion of secondary 
                        school; or
                            ``(iii) to eligible entities that meet the 
                        requirements of clauses (i) and (ii); and
                    ``(B) shall not give a competitive or absolute 
                priority on any other basis.''; and
                            (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 initial grant period expires.
                    ``(B) Exception for no-cost extension.--
                Notwithstanding subparagraph (A), an eligible entity 
                shall be eligible to receive an additional grant under 
                this chapter during the time that eligible entity is 
                receiving a customary no-cost extension of a grant 
                under this chapter.'';
            (2) in section 404B (20 U.S.C. 1070a-22)--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``that are in the first 
                award year'' 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 (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 
                        ``total Federal grant award, which'';
                    (B) in subsection (c)(1), by inserting ``at any 
                point during the grant award period'' after ``obligated 
                to students''; and
                    (C) by striking subsection (d) and inserting the 
                following:
    ``(d) Peer Review Panels and Competitions.--The Secretary--
            ``(1) shall convene peer review panels to assist in making 
        determinations regarding the awarding of grants under this 
        chapter; and
            ``(2) shall 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'' after ``adults'';
                            (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) 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; or'';
            (5) in section 404E (20 U.S.C. 1070a-25)--
                    (A) in subsection (a)--
                            (i) by redesignating paragraphs (1) and (2) 
                        as paragraphs (2) and (3), respectively;
                            (ii) by inserting before paragraph (2), as 
                        redesignated by clause (i), the following:
            ``(1) 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 section 404E(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) notwithstanding subsection 
                                (g), 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 inserting 
                        ``State'' before ``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--
                                    ``(I) 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
                                    ``(II) 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)(1)'' 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 into 
                postsecondary education.
                    ``(E) Such other metrics as the Secretary may 
                require.''; and
                    (B) in subsection (c)--
                            (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 (20 U.S.C. 1070a-28), by striking 
        ``2009'' and inserting ``2020''.
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