[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3729 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3729

 To amend the Higher Education Act of 1965 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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2021

 Mr. Sablan (for himself and Mrs. Radewagen) introduced the following 
    bill; which was referred to the Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To amend the Higher Education Act of 1965 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, and for other purposes.

    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 ``Northern Mariana Islands and 
American Samoa College Access Act''.

SEC. 2. NORTHERN MARIANA ISLANDS AND AMERICAN SAMOA COLLEGE ACCESS.

    Subpart 10 of part A of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070h) 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 this title; 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 
enactment of the Northern Mariana Islands and American Samoa College 
Access 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 2022 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 the date 
of enactment of the Northern Mariana Islands and American Samoa College 
Access Act.''.
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