[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1031 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1031
To establish a program that enables college-bound residents of outlying
areas of the United States to have greater choices among institutions
of higher education, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2023
Ms. Plaskett introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a program that enables college-bound residents of outlying
areas of the United States 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 ``Insular Areas College Access Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a program that enables
college-bound residents of outlying areas to have greater choices among
institutions of higher education.
SEC. 3. COLLEGE ACCESS GRANTS.
(a) Grants.--
(1) In general.--
(A) Allocation to outlying areas.--From the total
amount appropriated under subsection (n) for a fiscal
year, the Secretary shall allocate 25 percent to each
outlying area to make grants to eligible institutions
in accordance with subparagraph (B).
(B) Grants to eligible institutions.--From the
amount allocated to an outlying area under subparagraph
(A) for a fiscal year, the Governor of the outlying
area shall carry out a program under which the Governor
awards grants to eligible institutions, on behalf of
each eligible student from the outlying area who is
enrolled in such institution, to pay the difference
between--
(i) the base amount of tuition and fees
charged to the eligible student; and
(ii) the base amount of tuition and fees
charged to a student of the institution who is
a resident of the State in which the
institution is located.
(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 of the Higher Education Act
of 1965 (20 U.S.C. 1088)); and
(B) not more than $45,000 in the aggregate.
(3) Proration.--In the case of a grant made under this
section on behalf of an eligible student who is attending an
eligible institution on a less than full-time basis, the amount
of the grant shall be reduced in proportion to the degree to
which that student is not so attending on a full-time basis.
(b) Reduction for Insufficient Appropriations.--
(1) In general.--If the funds appropriated pursuant to
subsection (n) for any fiscal year are insufficient to enable
the Governor of an outlying area to award a grant in the amount
determined under subsection (a) on behalf of each eligible
student from the outlying area enrolled in an eligible
institution, then the Governor, in consultation with the
Secretary, shall--
(A) first, ratably reduce the amount of the tuition
and fee payment made on behalf of each eligible student
from the outlying area 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
from the outlying area.
(2) Adjustments.--The Governor of an outlying area, in
consultation with the Secretary, 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 of an outlying area may prioritize the
making or amount of tuition and fee payments under this
subsection based on the income and need of eligible students.
(c) Rule of Construction.--Nothing in this section 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.
(d) Applications.--Each student desiring that a Governor award a
grant under this section to an eligible institution on behalf of the
student 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.
(e) Employment Agreement.--
(1) In general.--Except as provided in subsection (g), each
application submitted under subsection (d) shall contain or be
accompanied by an agreement by the applicant that the applicant
will--
(A) maintain full-time employment within the
outlying area where the applicant was domiciled, as
described in subsection (l)(3)(A), for a period of not
less than 2 years within the 4-year period after the
date the applicant completes the course of study for
which the applicant received grant assistance under
this section; and
(B) submit evidence of such employment in the form
of a certification by the employer upon completion of
each year of such employment.
(2) Failure or refusal to carry out employment
obligation.--In the event that an applicant is determined to
have failed or refused to carry out the employment obligation
described in paragraph (1), the sum of the grant assistance
under this section received by such applicant shall be treated
as a loan and collected from the applicant in accordance with
subsection (f) and the policies and procedures under subsection
(h)(2).
(f) Repayment for Failure To Complete Employment.--In the event
that a student on whose behalf a grant is made under this section fails
or refuses to comply with the employment obligation in the agreement
under subsection (e), the sum of the amounts of any such grant received
by such student shall, upon a determination of such a failure or
refusal in such employment obligation, be treated as a loan, and shall
be subject to repayment, together with interest thereon accruing from
the date of the grant award, in accordance with terms and conditions
specified by the Governor through policies and procedures under
subsection (h)(2).
(g) Extenuating Circumstances.--
(1) In general.--Each Governor shall identify extenuating
circumstances under which a student on whose behalf a grant is
made under this section who is unable to fulfill all or part of
the student's employment obligation under subsection (e) may be
excused from fulfilling that portion of the employment
obligation.
(2) Continuous enrollment.--If a student on whose behalf a
grant is made under this section is continuously enrolled at an
institution of higher education in one or more
postbaccalaureate programs and is maintaining satisfactory
progress in the course of study the student is pursuing in
accordance with section 484(c) of the Higher Education Act of
1965 (20 U.S.C. 1091(c)), the employment obligation in the
agreement under subsection (e) shall begin once such recipient
is no longer continuously enrolled.
(h) Administration of Program.--
(1) In general.--Each Governor shall carry out the program
authorized 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 authorized 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 (which may include access
to the information in the common financial reporting
form developed under section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090)).
(i) Governor's Report.--Each Governor shall report to the
authorizing committees annually regarding--
(1) the number of eligible students from the outlying area
attending each eligible institution and the amount of the grant
assistance paid to such 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 from the outlying area;
(3) the progress in obtaining recognized academic
credentials of the cohort of eligible students from the
outlying area for each year; and
(4) the number of eligible students whose grant assistance
under this section has been converted to a loan, and the
repayment of such loans.
(j) GAO Report.--Beginning on the date of enactment of this
section, the Comptroller General of the United States shall monitor the
effect of the program authorized 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 in-State
residents by eligible institutions, and shall expeditiously report any
findings regarding such difficulty to the authorizing committees. In
addition, the Comptroller General shall--
(1) analyze the extent to which there are an insufficient
number of eligible institutions to which students from outlying
areas can gain admission, including admission aided by
assistance provided under this section, 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) to the authorizing committees.
(k) General Requirements.--
(1) 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 program authorized
under this section.
(2) Administrative expenses.--Each Governor may use not
more than 5 percent of the funds made available for the program
authorized under this section for a fiscal year to pay the
administrative expenses of the program for the fiscal year.
(3) Inspector general review.--The program authorized under
this section 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.).
(4) Gifts.--Each Governor may accept, use, and dispose of
donations of services or property for purposes of carrying out
this section.
(5) Maximum student amount adjustments.--Each Governor
shall establish rules to adjust the maximum student amounts
described in subsection (a)(2)(B) for eligible students who
transfer between the eligible institutions.
(l) Definitions.--In this section:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003).
(2) Eligible institution.--The term ``eligible
institution'' means an institution that--
(A) is a public 4-year institution of higher
education located in one of the several States of the
United States, the District of Columbia, or the
Commonwealth of Puerto Rico;
(B) is eligible to participate in the student
financial assistance programs under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.);
and
(C) enters into an agreement with a Governor
containing such terms and conditions as the Governor
and institution may jointly 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.
(3) Eligible student.--The term ``eligible student'' means
an individual who--
(A) was domiciled in the outlying area from which a
grant is sought under this section for not less than
the 12 consecutive months preceding the commencement of
the freshman year of the individual at an institution
of higher education;
(B) graduated from a secondary school in such
outlying area, or received the recognized equivalent of
a secondary school diploma while domiciled in such
outlying area, on or after January 1, 2019;
(C) begins the individual's undergraduate 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 C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.)) of graduation from a secondary school, or
obtaining the recognized equivalent of a secondary
school diploma;
(D) 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 eligible institution at
which such student is enrolled) leading to a recognized
educational credential at an eligible institution;
(E) 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) of the Higher Education Act of 1965 (20
U.S.C. 1091(c));
(F) while enrolled in an eligible institution,
maintains the outlying area where the applicant was
domiciled pursuant to subparagraph (A) as the
individual's principal place of residence for purposes
of the laws of such outlying area; and
(G) has not completed the individual's first
undergraduate baccalaureate degree course of study.
(4) 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).
(5) Governor.--The term ``Governor'' means--
(A) the Governor of the United States Virgin
Islands, with respect to the grants authorized to be
made by such Governor under subsection (a);
(B) the Governor of the Commonwealth of the
Northern Mariana Islands, with respect to the grants
authorized to be made by such Governor under subsection
(a);
(C) the Governor of Guam, with respect to the
grants authorized to be made by such Governor under
subsection (a); and
(D) the Governor of American Samoa, with respect to
the grants authorized to be made by such Governor under
subsection (a).
(6) Outlying area.--The term ``outlying area'' means any of
the four insular areas specified under section 8101(36)(A) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(36)(A)).
(7) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(9) State.--Except as used in paragraph (2)(A), the term
``State'' has the meaning given the term in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
(m) Effective Date.--This section shall take effect with respect to
payments for periods of instruction that begin on or after January 1,
2023.
(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of the
fiscal years 2024 through 2029, and such sums as may be necessary for
each of the succeeding fiscal years. Such funds shall remain available
until expended.
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