[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1221 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1221
To amend the Higher Education Act of 1965 to create an innovation zone
initiative, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2019
Mr. Young (for himself, Ms. Hassan, Mr. Cassidy, and Mr. Kaine)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to create an innovation zone
initiative, 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 ``Innovation Zone Act''.
SEC. 2. INNOVATION ZONE INITIATIVE AUTHORITY.
Section 487A of the Higher Education Act of 1965 (20 U.S.C. 1094a)
is amended to read as follows:
``SEC. 487A. INNOVATION ZONE INITIATIVE.
``(a) Innovation Zone Initiative.--
``(1) In general.--The Secretary is authorized to establish
an innovation zone initiative consisting of voluntary
experiments under which the Secretary and institutions of
higher education are permitted to test the effectiveness of
statutory and regulatory flexibility that aims to increase
student success, which may be defined as 1 or more of the
following:
``(A) Reduction in student loan debt.
``(B) Increase in student retention and program
completion at institutions of higher education,
especially for historically underrepresented students.
``(C) Decrease in student time to program
completion.
``(D) Closing of gaps in enrollment and completion
between historically underrepresented students and
students who are not historically underrepresented
students.
``(E) Increase in student employment outcomes upon
graduation.
``(F) Improved financial aid disbursement and
service to students.
``(G) Increase in student safety, wellness, or food
and housing security.
``(H) Other innovative practices that benefit
students.
``(2) Reduction of regulatory burden.--Where appropriate,
the Secretary may establish experiments, that, in addition to
meeting the requirements of paragraph (1), lead to a reduction
of regulatory burden on institutions of higher education or the
Department, without harm to students.
``(3) Waivers.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary is authorized to waive,
for any institution of higher education participating
in an innovation zone experiment under paragraph (1),
one or more requirements of title I or IV, including
regulations promulgated under title I or IV.
``(B) Limitations.--The Secretary may not grant a
waiver with regard to the following:
``(i) The definition of an institution of
higher education under section 101 or 102.
``(ii) Antidiscrimination provisions under
section 111.
``(iii) Student speech rights provisions
under section 112.
``(iv) Campus safety provisions under
section 119 or 120.
``(v) Preferred lender arrangements under
section 152.
``(vi) Grant or student loan maximums under
title IV.
``(vii) The needs analysis under part F of
title IV.
``(b) Solicitation of Experiment Suggestions.--
``(1) Solicitation of suggestions.--Not less frequently
than every 2 years, the Secretary shall provide an opportunity,
through the Department of Education's website, for the public,
institutions of higher education, and other stakeholders to
submit suggestions for potential experiments under this
section.
``(2) Contents of suggestions.--Any person that wishes to
submit a suggestion under paragraph (1) shall include--
``(A) the goals or objectives of the proposed
experiment, and how statutory or regulatory flexibility
could allow the institution of higher education to
increase student success, as required under subsection
(a)(1);
``(B) a description of how the experiment would be
conducted, including participation protections or
mechanisms in place to ensure that students
participating in the experiment will not be negatively
impacted, such as by facing additional barriers to
completion or losing credit as a result of the
experiment;
``(C) the specific statutory or regulatory
requirements for which a waiver would be requested;
``(D) an examination of the current need or
interest, as of the date of the submission, for the
experiment; and
``(E) a description of how the suggested experiment
contributes to building the evidence base and how
evaluation could be used to generate that evidence.
``(c) Selection of Experiments and Designation of Participating
Institutions.--
``(1) Selection considerations.--After considering any
suggestions submitted under subsection (b), the Secretary may
select experiments to be carried out under subsection (a). The
Secretary shall base any such selection on the following:
``(A) Sufficient interest in the experiment among
institutions of higher education, researchers, and
practitioners.
``(B) Research suggesting promise of fulfilling
outcomes described in subsection (a)(1).
``(C) A clear link between how the desired
statutory and regulatory flexibility could allow the
institution of higher education to increase student
success, as required under subsection (a)(1).
``(D) The ability for the Secretary to identify
policy-relevant questions for the experiment and design
an experiment that can credibly answer those questions,
and contribute to the evidence base of innovative
practices.
``(E) Other general interest, as supported by
evidence.
``(2) Determination of evaluation plans.--After selecting
an experiment under this section, but before any participating
institutions for such experiment are chosen, the Secretary, in
consultation with the Director of the Institute of Education
Sciences, shall complete the following:
``(A) Identify policy-relevant questions for the
experiment and design an experiment that can credibly
answer those questions.
``(B) Identify the methodology of data collection
for the experiment, including, to the extent
practicable, a methodology that allows for
disaggregation of data for historically
underrepresented students.
``(C) Identify rigorous evaluation methods for
determining the impact of the experiment, including
whether the experiment has differential impacts for
historically underrepresented students. These methods
may include rapid cycle evaluation and behavioral
insights and are informed by--
``(i) responses to requests from the
Department for information; and
``(ii) feedback from external researchers
and other stakeholders.
``(D) Establish a timeframe for conducting the
experiment that shall not exceed 4 years from the award
year in which Federal financial aid is first disbursed
to students participating in the experiment, at which
time the Secretary may opt to extend the experiment for
an additional 2 years.
``(E) Estimate the cost of conducting the
experiment, to the extent practicable.
``(F) Estimate 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.
``(3) Dissemination of information.--The Secretary shall
notify institutions of higher education, through the website of
the Department or other means, of the experiments selected by
the Secretary under this section and the steps necessary to
participate in an experiment. Such notice shall include the
information described in subparagraphs (A) through (F) of
paragraph (2) for the experiment.
``(4) Commencement of experiment.--The Secretary may carry
out an experiment, in accordance with the requirements of this
section, only if the Secretary has entered into agreements with
not less than 5, and not more than 100, institutions of higher
education, under which the institutions agree--
``(A) to participate in the experiment described in
the applicable evaluation plan under paragraph (2);
``(B) to comply with the data collection
requirements under subsection (d)(1) and any other
reporting requirements determined by the Secretary; and
``(C)(i) to the methodology for data collection
established by the Secretary under paragraph (2)(B) for
the experiment; or
``(ii) upon the request of the institution and if
the Secretary determines appropriate, to an alternative
methodology for data collection.
``(5) Technical assistance.--The Secretary may provide
technical assistance to institutions of higher education that
are not participating in an experiment but have an interest in
potentially participating in an experiment.
``(6) Fast-track process to comply with information
collection requirements.--Notwithstanding section 3507 of title
44, United States Code, the Secretary shall be deemed to have
the authority to approve, for purposes of such section 3507,
any proposed collection of information related to an experiment
conducted under this section, in the same manner and to the
same extent as such authority is provided to a senior official
by the Director of the Office of Management and Budget under
section 3507(i) of such title.
``(d) Outcomes Reporting.--
``(1) Data submission.--Each institution of higher
education participating in an experiment under this section
shall timely submit to the Secretary, on a periodic basis to be
determined by the Secretary, data on outcomes relating to the
experiment.
``(2) Report.--
``(A) In general.--The Secretary shall--
``(i) review the experience of and
rigorously evaluate, according to a methodology
approved by the Institute of Education
Sciences, the activities of all institutions
participating in each experiment carried out
under this section; and
``(ii) beginning 2 years after the date of
enactment of the Innovation Zone Act, and every
2 years thereafter--
``(I) prepare and submit a report
regarding the innovation zone
initiative under this section to the
authorizing committees; and
``(II) post the report on the
public website of the Department.
``(B) Contents of report.--The report required
under subparagraph (A)(ii)(I) shall include, for each
experiment supported as of the date of the report--
``(i) a summary of the status of the
experiment;
``(ii) a summary and analysis of the
findings, to date, of the experiment, including
the evaluation described in subsection
(c)(2)(C);
``(iii) the methodology of data collection;
``(iv) an analysis of the value of
continuation of the experiment;
``(v) an explanation of any current or
foreseen barriers to conducting the experiment;
and
``(vi) an evaluation of the quality of data
and intended results.
``(C) Completed experiment report.--By not later
than 60 days after the completion of the timeframe
established under subsection (c)(2)(D) or (e)(2)(B)(ii)
for an experiment, the Secretary shall--
``(i) prepare a report that includes--
``(I) the findings of the
experiment, including, to the extent
practicable, disaggregation of data for
historically underrepresented students;
and
``(II) in the case of an experiment
for which the Secretary determines
there is sufficient value in continuing
the experiment past the established
timeframe, adequate documentation to
justify such continuation; and
``(ii) publish the report on the public
website of the Department and submit the report
to the authorizing committees.
``(D) Collection of additional data.--The Secretary
may collect additional data after the conclusion of an
experiment under this section to assess the long-term
outcomes of participants.
``(e) Transition; Review.--
``(1) Continuation of existing experiments.--The Secretary
may continue any experiment commenced under this section before
the date of enactment of the Innovation Zone Act (referred to
in this subsection as an `existing experiment'). Any such
existing experiment shall be subject to the requirements of
this section, as amended by the Innovation Zone Act, except for
the requirements of subsection (c).
``(2) Review of existing experiments.--By not later than 90
days after the date of enactment of the Innovation Zone Act,
the Secretary shall--
``(A) conduct an extensive review and assessment of
existing experiments still in effect; and
``(B) prepare and submit to the authorizing
committees, and publish on the public website of the
Department, a report of the status of the existing
experiments, which shall include, for each such
experiment--
``(i) the total cost to date and the
projected cost of continuation, to the extent
practicable;
``(ii) an established timeframe for
completion;
``(iii) the current methodology of data
collection;
``(iv) an analysis of findings, as of the
date of the report;
``(v) an analysis of the value in
continuation of the existing experiment; and
``(vi) an analysis of whether the
assessment of the experiment could be
restructured to answer other policy questions.
``(f) Definition of Historically Underrepresented Student.--In this
section, the term `historically underrepresented student'--
``(1) means a student, or prospective student, at an
institution of higher education who is at risk of educational
failure or otherwise in need of special assistance and support;
and
``(2) may include an adult learner, working student, part-
time student, student from a low-income background, student of
color, Native youth, single parent (including a single pregnant
woman), student who is a homeless child or youth (as defined in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a)), youth who is in, or has aged out of, the
foster care system, first generation college student (as
defined in section 402A(h)), and student with a disability.''.
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