[117th Congress Public Law 49]
[From the U.S. Government Publishing Office]
[[Page 401]]
CONSIDER TEACHERS ACT OF 2021
[[Page 135 STAT. 402]]
Public Law 117-49
117th Congress
An Act
To amend the Higher Education Act of 1965 in order to improve the
service obligation verification process for TEACH Grant recipients, and
for other purposes. <<NOTE: Oct. 13, 2021 - [S. 848]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consider
Teachers Act of 2021. 20 USC 1001 note.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consider Teachers Act of 2021''.
SEC. 2. TEACH GRANTS.
Section 420N of the Higher Education Act of 1965 (20 U.S.C. 1070g-2)
is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by inserting ``(referred to
in this section as the `service obligation window')''
after ``under this subpart'';
(B) in subparagraph (C)(vii), by inserting ``or
geographic area'' after ``field''; and
(C) by striking subparagraphs (D) and (E) and
inserting the following:
``(D) <<NOTE: Certification.>> submit a
certification of employment by the chief administrative
officer of the school in accordance with subsection
(d)(5); and
``(E) <<NOTE: Certification.>> meet all State
certification requirements for teaching (which may
include meeting such requirements through a
certification obtained through alternative routes to
teaching);'';
(2) in subsection (c)--
(A) by striking ``In the event'' and inserting the
following:
``(1) In general.--In the event''; and
(B) by adding at the end the following:
``(2) <<NOTE: Determinations. Loans.>> Reconsideration of
conversion decisions.--
``(A) Request to reconsider.--In any case where the
Secretary has determined that a recipient of a grant
under this subpart has failed or refused to comply with
the service obligation in the agreement under subsection
(b) and has converted the grant into a Federal Direct
Unsubsidized Stafford Loan under part D in accordance
with paragraph (1), (including a TEACH Grant converted
to a loan prior to the date of enactment of the Consider
Teachers Act of 2021 and including cases where such
loans have been fully or partially paid), the recipient
may request that the Secretary reconsider such initial
determination and
[[Page 135 STAT. 403]]
may submit additional information to demonstrate
satisfaction of the service
obligation. <<NOTE: Deadline.>> Upon receipt of such a
request, the Secretary shall reconsider the
determination in accordance with this paragraph not
later than 90 days after the date that such request was
received.
``(B) <<NOTE: Certification.>> Reconsideration.--
If, in reconsidering an initial determination under
subparagraph (A) (including reconsideration related to a
TEACH Grant that was converted to a loan prior to the
date of enactment of the Consider Teachers Act of 2021
and including cases where such loans were fully or
partially paid), the Secretary determines that the
reason for such determination was the recipient's
failure to timely submit a certification required under
subsection (b)(1)(D) (as in effect on the day before the
date of enactment of the Consider Teachers Act of 2021),
an error or processing delay by the Secretary, a change
to the fields considered eligible for fulfillment of the
service obligation (as described in subsection
(b)(1)(C)), a recipient having previously requested to
have the TEACH Grant converted to a loan, or another
valid reason determined by the Secretary, and that the
recipient has, as of the date of the reconsideration,
demonstrated that the recipient did meet, or is meeting
the service obligation in the agreement under subsection
(b), the Secretary shall--
``(i) discharge the Federal Direct
Unsubsidized Stafford Loan under part D, and
reinstate the recipient's grant under this
subpart;
``(ii) discharge any interest or fees that may
have accumulated during the period that the grant
was converted to a Federal Direct Unsubsidized
Stafford Loan under part D;
``(iii) if the recipient has other loans under
part D, apply any payments made for the Federal
Direct Unsubsidized Stafford Loan under part D
during such period to those other loans under part
D;
``(iv) if the recipient does not have other
loans under part D, reimburse the recipient for
any amounts paid on the Federal Direct
Unsubsidized Stafford Loan under part D during
such period;
``(v) request that consumer reporting agencies
remove any negative credit reporting due to the
conversion of the TEACH Grant to a loan; and
``(vi) use the additional information provided
under subparagraph (A) to determine the progress
the recipient has made in meeting the service
obligation.
``(C) Extension of time to complete service
obligation.--In the case of a recipient whose TEACH
Grant was reinstated in accordance with subparagraph
(B), the Secretary shall, upon such reinstatement--
``(i) extend the time remaining for the
recipient to fulfill the service obligation
described in subsection (b)(1) to a period of time
equal to--
``(I) 8 years; minus
``(II) the number of full academic
years of teaching that the recipient
completed prior to the reconversion of
the loan to a TEACH Grant under
[[Page 135 STAT. 404]]
subparagraph (B), including any years of
qualifying teaching completed during the
period when the TEACH Grant was in loan
status; and
``(ii) treat any full academic years of
teaching described in clause (i)(II) as years that
count toward the individual's service obligation
(regardless of whether the TEACH Grant funds were
in grant or loan status) if that time otherwise
meets the requirements of this section.''; and
(3) in subsection (d), by adding at the end the following:
``(3) <<NOTE: Notification. Certification. Recommenda-
tions.>> Communication with recipients.--The Secretary shall
notify TEACH grant recipients not less than once per calendar
year regarding how to submit the employment certification under
subsection (b)(1)(D) and the recommendations and requirements
for submitting that certification under subsection (d)(5).
``(4) <<NOTE: Updates. Lists. Public information. Web
posting.>> Qualifying schools and high-need fields.--The
Secretary shall maintain and annually update a list of
qualifying schools as described in subsection (b)(1)(B), and a
list of high-need fields as described in subsection (b)(1)(C)
and shall make such lists publicly available on the Department's
website in a sortable and searchable format.''.
SEC. 3. SUBMISSION OF EMPLOYMENT CERTIFICATION.
Section 420N(d) of the Higher Education Act of 1965 (20 U.S.C.
1070g-2(d)), as amended by section 2, is further amended by adding at
the end the following:
``(5) Submission of employment certification.--
``(A) <<NOTE: Notification.>> Recommended
submissions.--The Secretary shall notify TEACH Grant
recipients that the Department recommends that TEACH
Grant recipients submit the employment certification
described in subsection (b)(1)(D) as soon as practicable
after the completion of each year of service.
``(B) Required submission.--A TEACH Grant recipient
shall be required to submit to the Department employment
certification within the timeframe that would allow that
individual to complete their service obligation before
the end of the service obligation window.
``(C) Notification.--The Secretary shall notify
TEACH Grant recipients of the required submission
deadlines described in this paragraph.
``(D) Adjustment of deadline.--The Secretary shall
adjust the submission deadline described in subparagraph
(B) to account for a service obligation window
extension.
``(E) Alternative to certification.--The Secretary
shall provide an alternative to the certification of
employment described in subsection (b)(1)(D) for
recipients who cannot obtain such required certification
of employment from the chief administrative officer of
the school because the recipient can demonstrate the
school is no longer in existence or the school refuses
to cooperate.''.
SEC. 4. EXTENSION OF TIME TO FULFILL SERVICE OBLIGATION DUE TO
COVID-19.
(a) Section 3519(a) of the CARES Act (Public Law 116-136; 20 U.S.C.
1001 note) is amended--
(1) in the matter preceding paragraph (1), by striking ``For
the purpose of section 420N of the Higher Education Act of
[[Page 135 STAT. 405]]
1965 (20 U.S.C. 1070g-2), during a qualifying emergency,'' and
inserting ``Notwithstanding any provision of subpart 9 of part A
of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070g
et seq.),'';
(2) in paragraph (1), by striking ``and'' after the
semicolon;
(3) in paragraph (2), by striking ``such section 420N.'' and
inserting ``section 420N of such Act; and''; and
(4) by adding at the end the following:
``(3) shall extend the service obligation window (as
described in section 420N(b)(1)(A) of such Act) for a period of
not more than 3 years, in addition to any extensions provided in
accordance with subpart 9 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070g et seq.), in the case of
a grant recipient whose service obligation window begins during,
or includes--
``(A) the qualifying emergency period; or
``(B) <<NOTE: Determination. Consultation.>> a
period of recession or economic downturn related to the
qualifying emergency period, as determined by the
Secretary in consultation with the Secretary of
Labor.''.
(b) Section 3519 of the CARES Act (Public Law 116-136; 20 U.S.C.
1001 note) is amended by adding at the end the following:
``(c) <<NOTE: Waiver authority.>> Federal Perkins Loans.--
Notwithstanding section 465 of the Higher Education Act of 1965 (20
U.S.C. 1087ee), the Secretary shall waive the requirements of such
section in regard to full-time service and shall consider an incomplete
year of service of a borrower as fulfilling the requirement for a
complete year of service under such section, if the service was
interrupted due to a qualifying emergency.''.
(c) <<NOTE: 20 USC 1001 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the enactment
of the CARES Act (Public Law 116-136).
SEC. 5. <<NOTE: 20 USC 1070g-2 note. Waiver authority.>>
IMPLEMENTATION.
In carrying out this Act and any amendments made by this Act, or any
regulations promulgated under this Act or under such amendments, the
Secretary of Education may waive the application of--
(1) subchapter I of chapter 35 of title 44, United States
Code (commonly known as the ``Paperwork Reduction Act'');
(2) the master calendar requirements under section 482 of
the Higher Education Act of 1965 (20 U.S.C. 1089);
(3) negotiated rulemaking under section 492 of the Higher
Education Act of 1965 (20 U.S.C. 1098a); and
(4) <<NOTE: Notices. Deadline.>> the requirement to publish
the notices related to the system of records of the agency
before implementation required under paragraphs (4) and (11) of
section 552a(e) of title 5, United States Code (commonly known
as the ``Privacy Act of
[[Page 135 STAT. 406]]
1974''), except that the notices shall be published not later
than 180 days after the date of enactment of this Act.
Approved October 13, 2021.
LEGISLATIVE HISTORY--S. 848:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
Apr. 27, considered and passed Senate.
July 26, Sept. 28, considered and passed House.
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