Text: H.R.4674 — 116th Congress (2019-2020)All Information (Except Text)

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Reported in House (12/28/2020)

Union Calendar No. 583

116th CONGRESS
2d Session
H. R. 4674

[Report No. 116–700]


To amend and strengthen the Higher Education Act of 1965 to lower the cost of college for students and families, to hold colleges accountable for students’ success, and to give a new generation of students the opportunity to graduate on-time and transition to a successful career.


IN THE HOUSE OF REPRESENTATIVES

October 15, 2019

Mr. Scott of Virginia (for himself, Mrs. Davis of California, Mr. Grijalva, Mr. Courtney, Ms. Fudge, Mr. Sablan, Ms. Wilson of Florida, Ms. Bonamici, Mr. Takano, Ms. Adams, Mr. DeSaulnier, Mr. Norcross, Ms. Jayapal, Mr. Morelle, Ms. Wild, Mr. Harder of California, Ms. Schrier, Mrs. Hayes, Ms. Shalala, Mr. Levin of Michigan, Ms. Omar, Mr. Trone, Mrs. Lee of Nevada, Mrs. Trahan, and Mr. Castro of Texas) introduced the following bill; which was referred to the Committee on Education and Labor

December 28, 2020

Additional sponsors: Mr. Quigley, Mr. Neguse, Mr. Garamendi, Mr. Espaillat, Mr. McGovern, Ms. Meng, Mr. Schiff, Mr. Schrader, Mr. Khanna, Ms. Bass, Mr. Thompson of California, Mr. Malinowski, Mr. San Nicolas, Mr. Danny K. Davis of Illinois, Ms. Norton, Ms. Sewell of Alabama, Mr. Swalwell of California, Ms. Lee of California, Mr. Langevin, Mr. Carson of Indiana, Mrs. Napolitano, Mr. Cicilline, Ms. Scanlon, Mr. Payne, Mrs. Beatty, Ms. Frankel, Ms. Castor of Florida, Mr. Higgins of New York, Ms. Haaland, Mr. Panetta, Ms. Judy Chu of California, Ms. Barragán, Mr. García of Illinois, Mrs. Watson Coleman, Mr. Vela, Mr. Sean Patrick Maloney of New York, Mr. Lowenthal, Ms. Stevens, Mr. Lewis, Mr. Richmond, Mr. Huffman, Mrs. Dingell, Mr. Luján, Mr. Keating, Mr. Soto, Ms. Moore, Mr. Ryan, Mr. Kennedy, Ms. Eshoo, Ms. Waters, Mr. Carbajal, Mr. Price of North Carolina, Mr. Blumenauer, Mr. Pappas, Ms. Brownley of California, Mr. Cisneros, Mr. Brendan F. Boyle of Pennsylvania, Ms. Garcia of Texas, Mr. Raskin, Mr. Gallego, Mr. Cleaver, Mr. Casten of Illinois, Mr. Sires, Mr. Crist, Mrs. Lawrence, Ms. Clarke of New York, Ms. Wasserman Schultz, Mr. Pascrell, Ms. DelBene, Mr. Nadler, Mr. Serrano, Mr. Pocan, Mr. Suozzi, Mr. Engel, Mr. DeFazio, Ms. Dean, Ms. Clark of Massachusetts, Ms. Johnson of Texas, Ms. Slotkin, Mrs. Luria, Mr. Gomez, Mr. Kildee, Mr. Levin of California, Mr. Horsford, Mr. Bishop of Georgia, Ms. Underwood, Ms. Kuster of New Hampshire, Mr. Kim, Mr. Perlmutter, Ms. Schakowsky, Ms. Sánchez, Mr. Cartwright, Mr. Smith of Washington, Ms. Jackson Lee, Mr. Lawson of Florida, Mr. Rouda, Ms. Roybal-Allard, Mr. Lynch, Mr. Thompson of Mississippi, Mrs. Carolyn B. Maloney of New York, Mr. Crow, Mr. David Scott of Georgia, Mr. Rush, Mr. Yarmuth, Mr. Veasey, Mr. Cárdenas, Mr. Jeffries, Ms. Craig, Mr. Cohen, Mr. Ted Lieu of California, Mr. Sherman, Ms. McCollum, Ms. Wexton, Mr. Cuellar, Mrs. McBath, Mr. Connolly, Mr. Johnson of Georgia, Mrs. Bustos, Ms. Velázquez, Ms. Kelly of Illinois, Mr. Krishnamoorthi, Ms. Lofgren, Mr. Vargas, Mr. Cox of California, Mr. Moulton, Ms. DeGette, Mr. Foster, Mr. Doggett, Mrs. Kirkpatrick, Mr. Neal, Ms. Davids of Kansas, Mr. McEachin, Mr. Butterfield, and Ms. Sherrill

December 28, 2020

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 15, 2019]


A BILL

To amend and strengthen the Higher Education Act of 1965 to lower the cost of college for students and families, to hold colleges accountable for students’ success, and to give a new generation of students the opportunity to graduate on-time and transition to a successful career.

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

SECTION 1. Short title; table of contents.

(a) Short title.—This Act may be cited as the “College Affordability Act”.

(b) Table of contents.—The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. General effective date.

Sec. 1001. Definition of institution of higher education for purposes of title IV programs.

Sec. 1002. Additional definitions.

Sec. 1003. Gainful employment programs.

Sec. 1011. Antidiscrimination.

Sec. 1012. National Advisory Committee on Institutional Quality and Integrity.

Sec. 1013. Disclosures of foreign gifts.

Sec. 1014. Alcohol and substance misuse prevention.

Sec. 1015. Exception to required registration with selective service system.

Sec. 1016. Integrity of nonprofit institutions of higher education.

Sec. 1017. Support and guidance for homeless individuals and foster care youth.

Sec. 1018. Calculation of percentage of enrolled students receiving or eligible for Federal Pell Grants.

Sec. 1019. Certification regarding the use of certain Federal funds.

Sec. 1020. Freedom of association.

Sec. 1021. Consumer information.

Sec. 1022. Postsecondary student data system.

Sec. 1023. Avoiding duplicative reporting.

Sec. 1024. Disclosure of non-instructional spending increases.

Sec. 1025. Textbook information.

Sec. 1026. Repeals.

Sec. 1027. In-state tuition rates for homeless youth and foster care youth.

Sec. 1031. Improvements to the Federal Student Aid Office.

Sec. 2001. Definitions.

Sec. 2002. Purposes.

Sec. 2003. Partnership grants.

Sec. 2004. Administrative provisions.

Sec. 2005. Accountability and evaluation.

Sec. 2006. Accountability for programs that prepare teachers, principals, or other school leaders.

Sec. 2007. Teacher development.

Sec. 2008. State functions.

Sec. 2009. General provisions.

Sec. 2010. Elevation of the education profession study.

Sec. 2011. Authorization of appropriations.

Sec. 2101. Enhancing teacher and school leader education.

Sec. 3001. Strengthening institutions.

Sec. 3002. Strengthening institutions.

Sec. 3003. Strengthening Historically Black Colleges and Universities.

Sec. 3004. Historically Black College and University Capital Financing.

Sec. 3005. Strengthening Historically Black Colleges and Universities and other minority-serving institutions.

Sec. 3006. General provisions.

Sec. 4001. Effective date.

Sec. 4011. Amount of grants.

Sec. 4012. Grant eligibility.

Sec. 4013. Extending Federal Pell Grant eligibility of certain short-term programs.

Sec. 4014. Providing Federal Pell Grants for Iraq and Afghanistan veteran’s dependents.

Sec. 4015. Federal Pell Grant fraud prevention.

Sec. 4016. Federal Pell Grants on behalf of incarcerated individuals.

Sec. 4021. Program authority; authorization of appropriations.

Sec. 4022. Talent search.

Sec. 4023. Upward bound.

Sec. 4024. Student support services.

Sec. 4025. Postbaccalaureate achievement program authority.

Sec. 4026. Educational opportunity centers.

Sec. 4027. Staff developmental activities.

Sec. 4028. Reports and evaluations.

Sec. 4031. Gaining early awareness and readiness for undergraduate programs.

Sec. 4041. Purpose; appropriations authorized.

Sec. 4042. Institutional eligibility.

Sec. 4043. Allocation of funds.

Sec. 4044. Emergency financial aid grant program.

Sec. 4051. Special programs for students whose families are engaged in migrant and seasonal farmwork.

Sec. 4061. CCAMPIS Reauthorization.

Sec. 4071. Jumpstart to college grant programs.

Sec. 4081. Revised definitions of teach grants.

Sec. 4082. Revisions to establishing teach grant program.

Sec. 4083. Revisions to teach grant agreements to serve and eligibility.

Sec. 4084. Revisions to teach grant data collection and reporting.

Sec. 4091. Northern Mariana Islands and American Samoa College access.

Sec. 4092. Community College Student Success Grant program authorized.

Sec. 4093. Federal Pell Bonus Program.

Sec. 4101. Termination of certain repayment plan options and opportunity to change repayment plans.

Sec. 4102. Termination of interest capitalization for subsidized loans after certain periods.

Sec. 4103. Termination of interest capitalization for PLUS loans after certain periods.

Sec. 4104. Consolidation loans.

Sec. 4105. Default reduction program.

Sec. 4106. Termination of interest capitalization for unsubsidized loans after certain periods.

Sec. 4107. Disbursement of student loans.

Sec. 4108. Student loan contract and loan disclosures.

Sec. 4109. Borrower advocate conforming amendments.

Sec. 4110. Cohort default rates.

Sec. 4111. Automatic income monitoring procedures after a total and permanent disability discharge.

Sec. 4112. Automatic closed school discharge.

Sec. 4113. Repayment of parent loans due to student disability.

Sec. 4201. Purpose; authorization of appropriations.

Sec. 4202. Allocation formula.

Sec. 4203. Grants for Federal work-study programs.

Sec. 4204. Flexible use of funds.

Sec. 4205. Job location and development programs.

Sec. 4206. Community service.

Sec. 4207. Amendments to work colleges.

Sec. 4208. Pilot grant program.

Sec. 4209. Department activities.

Sec. 4210. Study and report.

Sec. 4301. Program authority.

Sec. 4302. Amendments to terms and conditions of loans and repayment plans.

Sec. 4303. Amendments to terms and conditions of public service loan forgiveness.

Sec. 4304. Federal Direct Perkins Loans terms and conditions.

Sec. 4305. Common manual for loan servicers.

Sec. 4306. Refinancing FFEL and Federal Direct Loans.

Sec. 4307. Refinancing private student loans.

Sec. 4401. Authorization of appropriations for Perkins loan.

Sec. 4402. Allocation of funds for Perkins loan.

Sec. 4403. Federal Direct Perkins loan allocation.

Sec. 4404. Agreements with institutions of higher education for purposes of the Perkins loan program.

Sec. 4405. Student loan information by eligible institutions for purposes of the Perkins loan program.

Sec. 4406. Terms of loans for purposes of the Perkins loan program.

Sec. 4407. Reimbursement for cancellation of Perkins loans for certain public service.

Sec. 4408. Distribution of assets from student loan funds for purposes of the Perkins loan program.

Sec. 4501. Amendments to family contribution.

Sec. 4502. Amendments to data elements when determining the expected family contribution.

Sec. 4503. Amendments to family contribution for dependent students.

Sec. 4504. Amendments to family contribution for independent students without dependents other than a spouse.

Sec. 4505. Amendments to family contribution for independent students with dependents other than a spouse.

Sec. 4506. Institutional calculations for off-campus room and board.

Sec. 4507. Updated tables and amounts to need analysis.

Sec. 4508. Zero expected family contribution.

Sec. 4509. Amendments to definitions in need analysis.

Sec. 4601. Definition of eligible program.

Sec. 4602. Definition of third party servicer.

Sec. 4603. FAFSA simplification.

Sec. 4604. Student eligibility.

Sec. 4605. Reasonable collection costs on defaulted loans.

Sec. 4606. Student eligibility information for nutrition assistance programs.

Sec. 4607. Exit counseling.

Sec. 4608. Clery Act amendments.

Sec. 4609. Online survey tool for campus safety.

Sec. 4610. Transfer of credit policies.

Sec. 4611. Amendments to institutional and financial assistance.

Sec. 4612. Prevention of improper access.

Sec. 4613. Information with respect to crime statistics for programs of study abroad.

Sec. 4614. Remedial education grants.

Sec. 4615. Competency-based education.

Sec. 4616. Competency-based education council.

Sec. 4617. Written arrangements to provide educational programs.

Sec. 4618. Improvements to program participation agreements.

Sec. 4619. Compliance with the Civil Rights Act of 1964.

Sec. 4620. Submission of data with respect to students with disabilities.

Sec. 4621. Education program on hazing.

Sec. 4622. Changes to program participation agreements to strengthen consumer protections.

Sec. 4623. Misrepresentation and substantial misrepresentation defined.

Sec. 4624. Revenue requirement.

Sec. 4625. Teach-out plans.

Sec. 4626. Experimental programs.

Sec. 4627. Administrative expenses.

Sec. 4628. Criminal penalties for misuse of access devices.

Sec. 4629. Regional meetings and negotiated rulemaking.

Sec. 4630. Income-based repayment plan.

Sec. 4631. Fixed repayment plan.

Sec. 4632. Requiring a common manual for loan servicers.

Sec. 4633. Removal of record of default.

Sec. 4634. Amendments to terms and conditions of borrower defenses.

Sec. 4635. On-time repayment rates.

Sec. 4701. State responsibilities.

Sec. 4711. Accrediting agency recognition of eligible job training programs.

Sec. 4712. Accrediting agency recognition of institutions enrolling incarcerated individuals.

Sec. 4713. Requirements for accrediting agency recognition.

Sec. 4721. Eligibility and certification procedures.

Sec. 4722. Program review and data.

Sec. 4731. Strengthening institutional quality.

Sec. 4801. Program authorized.

Sec. 4802. Student Success Fund.

Sec. 4803. Pathways to student success for Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-Serving Institutions.

Sec. 4804. Unmet need for Federal Pell Grant recipients.

Sec. 4805. Unmet need for students.

Sec. 4806. Tuition waivers.

Sec. 4807. Expansion for private institutions.

Sec. 5001. Hispanic-serving institutions.

Sec. 5002. Promoting postbaccalaureate opportunities for Hispanic Americans.

Sec. 5003. General provisions.

Sec. 6001. International education.

Sec. 6002. Global business and professional education programs.

Sec. 6003. Repeal of assistance program for Institute for International Public Policy.

Sec. 6004. General provisions.

Sec. 7001. Graduate assistance in areas of national need.

Sec. 7002. Graduate education programs.

Sec. 7003. Fund for the Improvement of Postsecondary Education.

Sec. 7004. Minority-serving institutions innovation fund.

Sec. 7005. Definitions.

Sec. 7006. Supporting postsecondary faculty, staff, and administrators in providing accessible education.

Sec. 7007. Office of Accessibility.

Sec. 7008. Postsecondary programs for students with intellectual disabilities.

Sec. 7009. National Technical Assistance Center and National Coordinating Center for Inclusion of Students with Intellectual Disabilities.

Sec. 7010. Formula grants to States to improve higher education opportunities for foster youth and homeless youth.

Sec. 8001. Repeals.

Sec. 8002. Ronald V. Dellums memorial STEAM scholars program.

Sec. 8003. Teach for America.

Sec. 8004. Patsy T. Mink Fellowship Program.

Sec. 8005. Improving science, technology, engineering, and mathematics education with a focus on American Indian, Alaska Native, and Native Hawaiian students.

Sec. 8006. Grants for rural-serving institutions of higher education.

Sec. 8007. Training for realtime writers to provide closed captioning and court reporting services.

Sec. 8008. Grant program to establish, maintain, and improve veteran student centers.

Sec. 8009. University Sustainability Program amendments.

Sec. 8010. Modeling and simulation.

Sec. 8011. Path to success.

Sec. 8012. Mandatory funding for masters and postbaccalaureate programs.

Sec. 8013. Funds for access to open educational resources.

Sec. 8014. Encouraging campus comprehensive mental health and suicide prevention plans.

Sec. 9001. Providing that the Secretary of Education may not issue or enforce certain rules that weaken the enforcement of the prohibition of sex discrimination applicable under title IX of the Education Amendments of 1972.

Sec. 9002. Study and report on single certification form.

Sec. 9003. Longitudinal study on the effectiveness of student loan counseling.

Sec. 9004. Study and procedures on determining family size.

Sec. 9005. Universal unique numeric data identifier.

Sec. 9006. Questions on food and housing insecurity in national postsecondary student aid study.

Sec. 9007. Disaggregation of data using racial groups.

Sec. 9008. Disaggregation of data by sexual orientation and gender identity.

Sec. 9009. Accessible instructional materials and technology.

Sec. 9010. Serving and supporting students with mental health disabilities in institutions of higher education.

Sec. 9011. Federal student loan cancellation commission.

Sec. 9012. Distribution of resources to prevent incidents of bias on campus.

Sec. 9013. GAO study on racial and socioeconomic equity gaps at public 4-year institutions.

Sec. 9014. GAO study on license revocations related to student loan defaults.

Sec. 10001. Composition of Board of Trustees.

Sec. 10002. Administrative requirements of Laurent Clerc National Deaf Education Center.

Sec. 10003. Federal endowment programs for Gallaudet University and the National Technical Institute for the Deaf.

Sec. 10101. Tribally Controlled Colleges and Universities Assistance Act of 1978.

Sec. 10201. Strengthening program alignment for postsecondary Perkins Career and Technical Education Programs.

Sec. 10301. Release of education records to facilitate the award of a recognized postsecondary credential.

Sec. 10401. Inclusion of racial subgroups in IPEDS data.

Sec. 10501. Reauthorization of the U.S. Institute of Peace.

SEC. 2. References.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.).

SEC. 3. General effective date.

Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

SEC. 1001. Definition of institution of higher education for purposes of title IV programs.

(a) Clarification.—Section 102(a)(4)(A) of Higher Education Act of 1965 (20 U.S.C. 1002(a)(4)(A)) is amended by inserting “or receivership” after “that files for bankruptcy”.

(b) Proprietary institutions.—

(1) IN GENERAL.—Section 102(b) of the Higher Education Act of 1965 (20 U.S.C. 1002(b)) is amended—

(A) in paragraph (1)—

(i) in subparagraph (D), by striking “and” after the semicolon;

(ii) in subparagraph (E), by striking the period at the end and inserting “; and”; and

(iii) by adding at the end the following:

“(F) meets the requirements of paragraph (3).”; and

(B) by adding at the end the following:

“(3) REVENUE SOURCES.—In order to qualify as a proprietary institution of higher education under this subsection, an institution shall derive not less than 15 percent of the institution’s revenues from sources other than Federal education assistance funds, as calculated in accordance with paragraph (4).”.

(2) TRANSFER OF PROVISIONS.—

(A) FIRST TRANSFER.—Paragraph (1) of section 487(d) of the Higher Education Act of 1965 (as amended by section 4624) is—

(i) transferred to section 102(b) of such Act;

(ii) inserted so as to appear after paragraph (3) of such section 102(b) (as added by paragraph (1)(B));

(iii) redesignated as paragraph (4) of such section 102(b); and

(iv) further amended by striking “subsection (a)(24)” and inserting “paragraph (3)”.

(B) SECOND TRANSFER.—Paragraph (3) of section 487(d) of the Higher Education Act of 1965 (as amended by 4624) is—

(i) transferred to section 102(b) of such Act;

(ii) inserted so as to appear after paragraph (4) of such section 102(b) (as added by subparagraph (A));

(iii) redesignated as paragraph (5) of such section 102(b); and

(iv) further amended by striking “subsection (a)(24)” and inserting “paragraph (3)”.

(C) THIRD TRANSFER.—Paragraph (4) of section 487(d) of the Higher Education Act of 1965 (as amended by section 4624) is—

(i) transferred to section 102(b) of such Act;

(ii) inserted so as to appear after paragraph (5) of such section 102(b) (as added by subparagraph (B));

(iii) redesignated as paragraph (6) of such section 102(b); and

(iv) further amended by striking “subsection (a)(24)” and inserting “paragraph (3)”.

(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on July 1, 2023.

SEC. 1002. Additional definitions.

Section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003) is amended—

(1) in paragraph (6), by striking “section 3(2)” and inserting “section 3”;

(2) in paragraph (13), by inserting “controlled,” before “owned”; and

(3) by adding at the end the following:

“(25) PUBLIC INSTITUTION OF HIGHER EDUCATION.—The term ‘public institution of higher education’ means an institution of higher education—

“(A) for which all obligations of the institution are valid and binding obligations of a State (or of an equivalent governmental entity); and

“(B) for which the full faith and credit of such State (or equivalent governmental entity) is pledged for the timely payment of such obligations.

“(26) FOSTER CARE YOUTH.—The term ‘foster care youth’ means an individual whose care and placement is the responsibility of the State or tribal agency that administers a State or tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual, including any such individual who was in such care on or after attaining 13 years of age and without regard to the reason the individual left such care.

“(27) FEDERAL EDUCATION ASSISTANCE FUNDS.—The term ‘Federal education assistance funds’—

“(A) except as provided in subparagraph (B), means any Federal funds provided, under this Act or any other Federal law, through a grant, contract, subsidy, loan, or guarantee, or through insurance or other means (including Federal funds disbursed or delivered to an institution or on behalf of a student or to a student to be used to attend the institution); and

“(B) does not include any monthly housing stipend provided under the Post-9/11 Educational Assistance Program under chapter 33 of title 38, United States Code.

“(28) PROGRESS PERIOD STATUS.—The term ‘progress period status’ means the status of an institution of higher education that is determined by the Secretary to be in danger of failing to meet title IV eligibility criteria relating to student debt because the institution has an adjusted cohort default rate of not less than 10 percent and not more than 15 percent.”.

SEC. 1003. Gainful employment programs.

Part A of title I of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is amended by adding at the end the following:

“SEC. 104. Program of training to prepare students for gainful employment in a recognized occupation.

“(a) Gainful employment program defined.—In this Act (including for purposes of sections 101 and 102), the term ‘program of training to prepare students for gainful employment in a recognized occupation’ means a training program that—

“(1) is in compliance with the performance metrics (including the eligibility thresholds for each such metric) established under subsection (b)(1);

“(2) is in compliance with the notice requirements under subsection (b)(1)(C)(i)(II);

“(3) is otherwise eligible to receive funds under title IV; and

“(4) is not a training program that is substantially similar to a training program which, during a period determined by the Secretary, did not meet one or more of the performance metrics (such as an eligibility threshold) described in paragraph (1).

“(b) Secretarial requirements.—

“(1) ESTABLISHMENT OF REQUIREMENTS.—

“(A) IN GENERAL.—Not later than 18 months after the date of enactment of the College Affordability Act, the Secretary shall establish requirements that training programs shall meet to be programs of training to prepare students for gainful employment in a recognized occupation, which shall include—

“(i) establishing performance metrics (including eligibility thresholds for each such metric) described in subparagraph (B); and

“(ii) developing a disclosure template and a verification process for disclosures described in subparagraph (C).

“(B) PERFORMANCE METRICS.—

“(i) IN GENERAL.—In establishing the performance metrics under subparagraph (A)(i), the Secretary shall, at a minimum, establish the requirements for a debt-to-earnings rate that serves the best interests of students and taxpayers, which shall include—

“(I) a methodology for calculating such debt-to-earnings rate for a training program, including—

“(aa) a definition of the cohort of individuals on whom such rate shall be based, who shall be selected from the individuals who were enrolled in such training program (without regard to whether the individuals received a loan for such enrollment);

“(bb) a determination of the debt amount for such rate based on the median annual loan payment for the loans made under title IV and the private education loans received for such enrollment by such cohort;

“(cc) a determination of the earnings amount for such rate based on the mean or median of the actual, student-level annual earnings for such cohort; and

“(dd) establishing a process (such as an appeals process) to authorize training programs to use alternate earnings in lieu of the mean or median of the actual, student-level annual earnings of a cohort; and

“(II) establishing a threshold rate that—

“(aa) each training program shall meet to be eligible to receive funds under title IV; and

“(bb) is comparable to the eligibility thresholds for the debt-to-earning ratio established in the final rule on “Program Integrity: Gainful Employment” published by the Department of Education in the Federal Register on October 31, 2014 (Fed. Reg. 64890 et seq.).

“(ii) EARNINGS DATA.—In determining the mean or median of the actual, student-level annual earnings for purposes of this subparagraph, the Secretary shall obtain and use the most appropriate available Federal data on such earnings.

“(C) DISCLOSURE TEMPLATE.—The Secretary shall develop—

“(i) a disclosure template that—

“(I) is consumer tested; and

“(II) is used by each institution of higher education that offers a training program to provide enrolled and prospective students (including through publication on the website of such institution of higher education for such training program)—

“(aa) on an annual basis, student outcome information for such program (including the debt-to-earnings rate and whether the eligibility threshold for any other performance metric established under subparagraph (A)(i) has been met); and

“(bb) in a case in which the training program receives a notice of determination under paragraph (2)(B) that the program may be ineligible for funds under title IV, or may receive other sanctions, not later than 30 days after receipt of such notice, an explanation of such notice of determination; and

“(ii) a process to annually verify that each institution of higher education that offers a training program is providing the disclosures required under clause (i)(II).

“(2) ENFORCEMENT OF REQUIREMENTS.—Not later than 2 years after the Secretary establishes requirements under paragraph (1), and annually thereafter, the Secretary shall, with respect to each training program that seeks to meet the definition in subsection (a), including each such program that met such definition for most recent award year for which data are available—

“(A) calculate the debt-to-earnings rate and assess performance with respect to any other metric established under paragraph (1)(A)(i) for the preceding award year, and make such information publicly available on the website of the Department;

“(B) issue a notice of determination on whether the program meets the definition in subsection (a), including whether the program shall be subject to sanctions (such as loss of eligibility under title IV); and

“(C) enforce the applicable sanctions.”.

SEC. 1011. Antidiscrimination.

Section 111(a) of the Higher Education Act of 1965 (20 U.S.C. 1011(a)) is amended by inserting “(including sexual orientation, gender identity, pregnancy, childbirth, a medical condition related to pregnancy or childbirth, or sex stereotype)” after “sex”.

SEC. 1012. National Advisory Committee on Institutional Quality and Integrity.

Section 114 of the Higher Education Act of 1965 (20 U.S.C. 1011c) is amended by striking subsection (f).

SEC. 1013. Disclosures of foreign gifts.

(a) In general.—Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by adding at the end the following: “In this paragraph, the term ‘aggregate dollar amount’ includes the fair market value of staff members, textbooks, and other in-kind gifts.”; and

(B) in paragraph (2), by inserting “In this paragraph, the term ‘aggregate dollar amount’ includes the fair market value of staff members, textbooks, and other in-kind gifts.” after “each foreign government.”;

(2) in subsection (d)—

(A) in paragraph (1) by striking “are substantially” and all that follows through “this section,” and inserting “includes all information required by this section,”; and

(B) in paragraph (2) by striking “requirements substantially similar to those” and inserting “all the information”;

(3) in subsection (e), by adding at the end the following: “Not later than 30 days after receiving a disclosure report under this section, the Secretary shall make such report electronically available to the public for downloading on searchable database under which institutions can be individually identified and compared.”; and

(4) by amending subsection (g) to read as follows:

“(g) Regulations.—

“(1) IN GENERAL.—Not later than 2 years after the date of the enactment of the College Affordability Act, the Secretary shall issue regulations to carry out this section.

“(2) PROCEDURE.—Regulations under paragraph (1) shall be—

“(A) developed through the negotiated rulemaking process under section 492;

“(B) developed with consultation from stakeholders; and

“(C) published in the Federal Register in accordance with section 482.”;

(5) in subsection (h)—

(A) in paragraph (3), by striking “or property” and inserting “property, human resources, or payment of any staff”; and

(B) in paragraph (5)(B), by inserting “institutes, instructional programs,” after “centers,”; and

(6) by adding at the end the following:

“(i) Treatment of tuition payment.—A tuition and related fees and expenses payment to an institution by a foreign source made on behalf of a student enrolled at such institution shall not be considered a gift from or contract with a foreign source under this subsection.”.

(b) Effective date.—The amendments made by this section shall take effect on the date on which the regulations issued under section 117(g)(1) of the Higher Education Act of 1965 (20 U.S.C. 1011f(g)(1)), as amended by this section, take effect.

SEC. 1014. Alcohol and substance misuse prevention.

(a) In general.—Section 120 of the Higher Education Act of 1965 (20 U.S.C. 1011i) is amended—

(1) in the section heading, by striking “Drug and alcohol abuse” and inserting “Alcohol and substance misuse”;

(2) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking “a program to prevent the use of illicit drugs and the abuse of alcohol by students and employees that,” and inserting “an evidence-based program to prevent alcohol and substance misuse by students and employees that,”;

(B) by amending paragraph (1)(C) to read as follows:

“(C) a description of the health-risks associated with the use of illicit drugs and alcohol and substance misuse;”;

(C) by amending paragraph (1)(D) to read as follows:

“(D) a description of any alcohol or substance misuse counseling, treatment, rehabilitation, recovery, re-entry, or recovery support programs provided by the institution (including in partnership with a community-based organization) that are available to employees or students;”; and

(D) in paragraph (1)(E), by striking “that the institution will impose” and inserting “of the policies of the institution regarding”;

(3) in subsection (c)—

(A) in paragraph (1)—

(i) by striking “and” at the end of subparagraph (A);

(ii) in subparagraph (B), by striking the period and inserting “; and”; and

(iii) by adding at the end the following:

“(C) compliance assistance to assist institutions in complying with the requirements of this section.”;

(B) by redesignating paragraph (2) as paragraph (4); and

(C) by inserting after paragraph (1) the following:

“(2) INTERAGENCY AGREEMENT.—Not later than 180 days after the date of enactment of the College Affordability Act, the Secretary shall enter into a interagency agreement with the Secretary of Health and Human Services to—

“(A) determine criteria that satisfy the requirement of subsection (a) that an institution of higher education has adopted and has implemented an evidence-based program described in such subsection;

“(B) establish a process for disseminating the best practices for adopting and implementing such an evidence-based program; and

“(C) establish a process that promotes coordination and collaboration between institutions of higher education and the respective State agencies that administer the Substance Abuse Prevention and Treatment Block Grants pursuant to subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21).

“(3) GUIDANCE.—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall, in coordination with the Secretary of Health and Human Services, issue guidance with respect to the criteria described in paragraph (2)(A).”; and

(4) in subsection (e)—

(A) in the subsection heading, by striking “drug abuse” in the heading and inserting “substance misuse”;

(B) in paragraph (1)—

(i) by striking “other organizations” and inserting “community-based organizations that partner with institutions of higher education”;

(ii) by striking “programs of prevention, and education (including treatment-referral) to reduce and eliminate the illegal use of drugs and alcohol and the violence associated with such use” and inserting “evidence-based programs of alcohol and substance misuse prevention and education (including programs to improve access to treatment, referral for treatment services, or crisis intervention services) to eliminate illegal substance use, decrease substance misuse, and improve public health and safety”; and

(iii) by striking “alcohol and drug abuse” and inserting “substance use disorder”;

(C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively;

(D) by inserting after paragraph (1) the following:

“(2) ADDITIONAL USES.—In addition to the activities described in paragraph (1), a grant or contract awarded under paragraph (1) may be used to carry out 1 or more of the following evidence-based programs or activities:

“(A) Providing programs for recovery support services, and peer-to-peer support services and counseling for students with a substance use disorder.

“(B) Promoting integration and collaboration in campus-based health services between primary care, substance use disorder services, and mental health services.

“(C) Promoting integrated care services for students related to screening, diagnosis, prevention, and treatment of mental, behavioral, and substance use disorders.

“(D) Providing re-entry assistance for students on academic probation due to their substance use disorder.

“(E) Preventing fatal and nonfatal overdoses.

“(F) Providing education to students, faculty, or other personnel on—

“(i) recognizing the signs and symptoms of substance use disorder, and how to engage and support a person in a crisis situation;

“(ii) resources available in the community, within the institution of higher education, and other relevant resources for individuals with a substance use disorder; and

“(iii) safely de-escalating crisis situations involving individuals with a substance use disorder.”; and

(E) by amending paragraph (6), as redesignated by subparagraph (C), to read as follows:

“(6) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2021 and each of the 5 succeeding fiscal years.”.

(b) Effective dates.—

(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of enactment of this Act.

(2) DELAYED EFFECTIVE DATES.—The amendments made by subsection (a)(2) shall apply to institutions of higher education on the date that is 2 years after the date of enactment of this Act.

SEC. 1015. Exception to required registration with selective service system.

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.) is amended by adding at the end the following:

“SEC. 124. Exception to required registration with selective service system.

“Notwithstanding section 12(f) of the Military Selective Service Act (50 U.S.C. 3811(f)), a person shall not be ineligible for assistance or a benefit provided under title IV if the person is required under section 3 of such Act (50 U.S.C. 3802) to present himself for and submit to registration under such section, and fails to do so in accordance with any proclamation, rule, or regulation issued under such section.”.

SEC. 1016. Integrity of nonprofit institutions of higher education.

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

“SEC. 125. Integrity of nonprofit institutions of higher education.

“(a) Determination.—The Secretary may approve the conversion of an institution of higher education to a nonprofit institution of higher education only if the Secretary determines that such institution of higher education meets the requirements under subsection (b).

“(b) Application.—To be eligible to convert and participate as a nonprofit institution of higher education under this Act, an institution of higher education shall submit an application to the Secretary that demonstrates each of the following:

“(1) That the institution of higher education that submits such application is controlled, owned, and operated by one or more nonprofit corporations or associations, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

“(2) That any assets or services acquired by the institution of higher education that submits such application from former owners of such institution of higher education were not acquired for more than the value of such assets or services.

“(3) That no member of the governing board of the institution of higher education that submits such application (other than ex officio members serving at the pleasure of the remainder of the governing board and receiving a fixed salary), or any person with the power to appoint or remove members of such governing board or any immediate family member of such a member of the board or such a person with power of appointment, receives any substantial direct or indirect economic benefit (including a lease, promissory note, or other contract) from such institution of higher education.

“(4) That the institution of higher education that submits such application is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.

“(5) Subject to subsection (c), that none of the core functions of the institution of higher education that submits such application are under the control of, or subject to significant direction from, an entity that is not a public institution of higher education or other nonprofit entity.

“(c) Presumption of significant direction.—For purposes of paragraph (5) of subsection (b), in the case of an institution of higher education that submits an application under such subsection, there shall be a conclusive presumption that an entity (other than such institution of higher education) exercises significant direction over such institution if one or more of the employees or owners of the entity serves as an officer, member of the board, or person holding similar authority for such institution.

“(d) Transition period.—

“(1) IN GENERAL.—In the case of a proprietary institution of higher education approved for conversion under subsection (a), for a period of at least 5 years that begins on the date such institution is approved for such conversion, the institution shall be—

“(A) subject to any provision of this Act and any regulation that apply to proprietary institutions of higher education; and

“(B) considered a proprietary institution of higher education for purposes of this Act.

“(2) DEFINITION.—The term ‘proprietary institution of higher education’ has the meaning given the term in section 102(b).

“(e) Value.—The term ‘value’, with respect to an acquisition under subsection (b)(2)—

“(1) includes the value of any ongoing relationship (including any contract, agreement, lease or other arrangement);

“(2) subject to paragraph (3), may be demonstrated through—

“(A) a third-party appraisal based on comparable assets acquired by, or goods or services procured by, nonprofit corporations in similar market conditions;

“(B) an independent financing of the acquisition based upon the assets acquired; or

“(C) a full and open competition in the acquisition of services or assets, as such term is defined in section 2.101(b) of title 48, Code of Federal Regulations, as in effect on the date of the enactment of this section; and

“(3) shall be subject to such other demonstration process determined appropriate by the Secretary in a case in which the Secretary does not accept a demonstration process described in paragraph (2).

“(f) Publication.—

“(1) APPLICATION.—Before the Secretary may approve the conversion of an institution of higher education under subsection (a), the application of such institution submitted to the Secretary under subsection (b) shall be published in the Federal Register with an appropriate notice and comment period.

“(2) DETERMINATION.—The Secretary shall publish each determination under this section, and the reasons for such determination, under the Federal Register.

“(g) Public representation and marketing of nonprofit status.—An institution of higher education shall not promote or market itself, in any manner, as a nonprofit institution of higher education unless—

“(1) in the case of an institution of higher education that seeks to convert to a nonprofit institution of higher education under this section—

“(A) the Secretary has given final approval of the conversion of the institution to a nonprofit institution of higher education under this section;

“(B) an accrediting agency or association recognized by the Secretary pursuant to section 496 has approved the nonprofit status of the institution; and

“(C) the State has given final approval to the institution as a nonprofit institution of higher education, as applicable; and

“(2) the Commissioner of Internal Revenue has approved the institution as tax exempt for purposes of the Internal Revenue Code of 1986.

“(h) Office to monitor nonprofit integrity.—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall establish an office within the Department with the expertise necessary to carry out this section.

“SEC. 126. Review of governance.

“The Secretary shall review the governance of an institution of higher education when such institution has engaged in transactions or arrangements determined by the Secretary as potential indicators of private inurement, in order to promote the highest standards of nonprofit integrity.”.

SEC. 1017. Support and guidance for homeless individuals and foster care youth.

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

“SEC. 127. Support and guidance for homeless individuals and foster care youth.

“(a) Guidance.—Not later than 120 days after the date of enactment of the College Affordability Act, the Secretary shall issue revised guidance for institutions of higher education and financial aid administrators regarding serving homeless individuals and foster care youth, including the requirements of the determination process for financial aid administrators as specified in section 480(d).

“(b) Professional development.—Beginning not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall conduct an annual professional development or training program, such as a webinar, for liaisons described under section 485(k) and interested faculty or staff regarding postsecondary education services for such homeless individuals and foster care youth.

“(c) Report.—Not later than 1 year after the date of enactment of the College Affordability Act, and not less than once every 5 years thereafter, the Secretary shall prepare and submit to Congress a report containing strategies used by institutions, financial aid administrators, and liaisons described under section 485(k) that were effective in meeting the needs of such homeless individuals and foster care youth, including strategies relating to streamlining financial aid policies and procedures and postsecondary education recruitment, retention, and completion.

“(d) Homeless individual defined.—In this section, the term ‘homeless individual’ has the meaning given the term in section 402A.”.

SEC. 1018. Calculation of percentage of enrolled students receiving or eligible for Federal Pell Grants.

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

“SEC. 128. Calculation of percentage of enrolled students receiving or eligible for Federal Pell Grants.

“Beginning on the date of enactment of the College Affordability Act, for purposes of calculating under this Act the percentage of students enrolled at an institution of higher education or in a program who are receiving Federal Pell Grants under section 401 or who are eligible to receive such grants, the total number of students who are counted as enrolled in such institution or program shall not include students who are dually or concurrently enrolled in the institution or program and a secondary school.”.

SEC. 1019. Certification regarding the use of certain Federal funds.

(a) In general.—Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

“SEC. 129. Certification regarding the use of certain Federal funds.

“(a) Prohibition.—No Federal funds received under this Act by an institution of higher education or other postsecondary educational institution may be used to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action described in subsection (b).

“(b) Applicability.—The prohibition in subsection (a) applies with respect to the following Federal actions:

“(1) The awarding of any Federal contract.

“(2) The making of any Federal grant.

“(3) The making of any Federal loan.

“(4) The entering into of any Federal cooperative agreement.

“(5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

“(c) Lobbying and Earmarks.—No Federal student aid funding under this Act may be used to hire a registered lobbyist or pay any person or entity for securing an earmark.

“(d) Certification.—Each institution of higher education or other postsecondary educational institution receiving Federal funding under this Act, as a condition for receiving such funding, shall annually certify to the Secretary that the requirements of subsections (a) through (c) have been met.

“(e) Actions To Implement and Enforce.—The Secretary shall take such actions as are necessary to ensure that the provisions of this section are implemented and enforced.”.

(b) Conforming amendment.—

(1) IN GENERAL.—Section 119 of the Higher Education Opportunity Act (20 U.S.C. 1011m) is repealed.

(2) CONFORMING AMENDMENT.—The table of sections in section 1(b) of the Higher Education Opportunity Act is amended by striking the item relating to section 119.

SEC. 1020. Freedom of association.

Part B of title I of the Higher Education Act of 1965 (20 U.S.C. 1011 et seq.), as amended by this part, is further amended by adding at the end the following:

“SEC. 130. Freedom of association.

“(a) Non-retaliation against students of single-sex social organizations.—An institution of higher education that receives funds under this Act shall not—

“(1) take any action to require or coerce a student or prospective student who is a member or prospective member of a single-sex social organization to waive the requirements of paragraph (2), including as a condition of enrolling in the institution; or

“(2) take any adverse action against a student who is a member or a prospective member of a single-sex social organization based solely on the membership practice of such organization limiting membership to only individuals of one sex.

“(b) Rules of construction.—Nothing in this section shall—

“(1) require an institution of higher education to officially recognize a single-sex organization;

“(2) prohibit an institution of higher education from taking an adverse action against a student who joins a single-sex social organization for a reason including academic misconduct or nonacademic misconduct, or because the organization’s purpose poses a clear harm to the students or employees, so long as that adverse action is not based solely on the membership practice of the organization of limiting membership to only individuals of one sex; or

“(3) inhibit the ability of the faculty, staff, or administrators of an institution of higher education to express an opinion (either individually or collectively) about membership in a single-sex social organization, or otherwise inhibit the academic freedom of such faculty, staff, or administrators to research, write, or publish material about membership in such an organization.

“(c) Definitions.—In this section:

“(1) ADVERSE ACTION.—The term ‘adverse action’ means any of the following actions taken by an institution of higher education with respect to a member or prospective member of a single-sex social organization:

“(A) Expulsion, suspension, probation, censure, condemnation, formal reprimand, or any other disciplinary action, coercive action, or sanction taken by an institution of higher education or administrative unit of such institution.

“(B) An oral or written warning with respect to an action described in subparagraph (A).

“(C) An action to deny participation in any education program or activity.

“(D) An action to withhold, in whole or in part, any financial assistance (including scholarships and on campus employment), or denying the opportunity to apply for financial assistance, a scholarship, a graduate fellowship, or on-campus employment.

“(E) An action to deny or restrict access to on-campus housing.

“(F) An act to deny any certification, endorsement, or letter of recommendation that may be required by a student’s current or future employer, a government agency, a licensing board, an institution of higher education, a scholarship program, or a graduate fellowship to which the student seeks to apply.

“(G) An action to deny participation in any sports team, club, or other student organization, including a denial of any leadership position in any sports team, club, or other student organization.

“(H) An action to require any student to certify that such student is not a member of a single-sex social organization or to disclose the student’s membership in a single-sex social organization.

“(2) SINGLE-SEX SOCIAL ORGANIZATION.—The term ‘single-sex social organization’ means—

“(A) a social fraternity or sorority described in section 501(c) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code; or

“(B) an organization that has been historically single-sex, the active membership of which consists primarily of students or alumni of an institution of higher education or multiple institutions of higher education.”.

SEC. 1021. Consumer information.

(a) Net Price Calculators.—

(1) MINIMUM STANDARDS.—Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)) is amended—

(A) by redesignating paragraph (4) as paragraph (6);

(B) in paragraph (2), by inserting before the period “, and, not later than 1 year after the date of enactment of the College Affordability Act, shall meet the requirements of paragraph (4)(C)”;

(C) in paragraph (3), by inserting after the first sentence the following: “Not later than 1 year after the date of enactment of the College Affordability Act, such calculator shall meet the requirements of paragraph (4).”; and

(D) by inserting after paragraph (3) the following:

“(4) MINIMUM REQUIREMENTS FOR NET PRICE CALCULATORS.—Not later than 1 year after the date of enactment of the College Affordability Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements:

“(A) The link for the calculator—

“(i) is clearly labeled as a ‘net price calculator’ and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution’s website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages);

“(ii) matches in size and font to the other prominent links on the primary menu; and

“(iii) may also be included on the institution’s compliance web page, which contains information relating to compliance with Federal, State, and local laws.

“(B) The input screen for the net price calculator displays a chart of the net prices for students receiving Federal student financial aid under title IV (as required by subsection (i)(5)) for the most recent academic year for which data are available, disaggregated by income categories.

“(C) The results screen for the calculator specifies the following information:

“(i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen, including a statement of—

“(I) the year for which the net price applies; and

“(II) the year from which the data was used to determine that net price.

“(ii) Cost of attendance, including—

“(I) the total estimated cost for a student to complete the program of study, based on normal time for completion of, or graduation from, the student’s particular program of study;

“(II) the total annual cost of attendance;

“(III) annual tuition and fees;

“(IV) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution;

“(V) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution;

“(VI) estimated annual cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution; and

“(VII) a statement of—

“(aa) the year for which each cost described in this clause applies; and

“(bb) the year from which the data was used to determine each cost described in this clause.

“(iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid, and disaggregated by academic year for normal time for completion of, or graduation from, the student’s particular program of study.

“(iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii), disaggregated by their first year and subsequent years of enrollment up to the number of years for normal completion of, or graduation from, their particular program of study.

“(v) The disclaimer described in paragraph (6).

“(vi) In the case of a calculator that—

“(I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or

“(II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates—

“(aa) that certain students (or prospective students) may qualify for such benefits;

“(bb) states why the institution is not including questions to estimate a student’s eligibility for such benefits; and

“(cc) includes a link to an appropriate Federal website that provides information about such benefits.

“(D) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year.

“(5) PROHIBITION ON USE OF DATA COLLECTED BY THE NET PRICE CALCULATOR.—A net price calculator for an institution of higher education shall—

“(A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator;

“(B) in the case of a calculator that requests contact information from users, clearly mark such requests as ‘optional’;

“(C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and

“(D) clearly state ‘Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind.”.’.”.

(2) UNIVERSAL NET PRICE CALCULATOR.—Section 132(h) of the Higher Education Act of 1965 (20 U.S.C. 1015a(h)), as amended by paragraph (1), is further amended by adding at the end the following:

“(7) UNIVERSAL NET PRICE CALCULATOR.—

“(A) IN GENERAL.—The Secretary may develop a universal net price calculator that is housed within the Department of Education, with Department branding, and that may be based on or utilize an existing platform developed by a public or private entity, that—

“(i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection;

“(ii) provides the information required under subparagraphs (C) and (D) of paragraph (4) for each institution for which a net price is being sought;

“(iii) is developed in consultation with the heads of relevant Federal agencies; and

“(iv) before being finalized and publicly released, is tested in accordance with subparagraph (B).

“(B) CONSUMER TESTING.—

“(i) IN GENERAL.—If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups.

“(ii) LENGTH OF CONSUMER TESTING.—The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i).

“(iii) USE OF RESULTS.—The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator.

“(iv) REPORTING REQUIREMENT.—Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing.

“(v) AUTHORITY TO MODIFY.—The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator.

“(8) REPORT FROM SECRETARY.—Not later than 1 year after the date of enactment of the College Affordability Act, the Secretary shall submit a report to Congress on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families.”.

(b) Institutional expenditures.—Section 132(i)(1) of the Higher Education Act of 1965 (20 U.S.C. 1015a(i)(1)) is amended—

(1) in subparagraph (T), by striking “rate,” and inserting “rate and adjusted cohort default rate,”; and

(2) by adding at the end the following:

“(AA) The institution’s expenditures on each of the following:

“(i) Instruction.

“(ii) Student services.

“(iii) Marketing.

“(iv) Recruitment.

“(v) Advertising.

“(vi) Lobbying.”.

SEC. 1022. Postsecondary student data system.

(a) Postsecondary student data system.—Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a) is amended—

(1) by redesignating subsection (l) as subsection (m); and

(2) by inserting after subsection (k) the following:

“(l) Postsecondary student data system.—

“(1) IN GENERAL.—

“(A) ESTABLISHMENT OF SYSTEM.—The Commissioner of the National Center for Education Statistics (referred to in this subsection as the ‘Commissioner’) shall develop and maintain a secure, privacy-protected postsecondary student-level data system in order to—

“(i) accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid;

“(ii) assist with transparency, institutional improvement, and analysis of Federal aid programs;

“(iii) provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and

“(iv) reduce the reporting burden on institutions of higher education, in accordance with section 1022(b)(2) of the College Affordability Act.

“(B) AVOIDING DUPLICATED REPORTING.—Notwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, may use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements.

“(C) DEVELOPMENT PROCESS.—In developing the postsecondary student data system described in this subsection, the Commissioner shall—

“(i) focus on the needs of—

“(I) users of the data system; and

“(II) entities, including institutions of higher education, reporting to the data system;

“(ii) take into consideration, to the extent practicable—

“(I) the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and

“(II) the relevant successor documents or recommendations of such guidelines;

“(iii) use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection;

“(iv) ensure data privacy and security is consistent with any Federal law relating to privacy or data security, including—

“(I) the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards;

“(II) security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and

“(III) security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)), or any relevant successor of such frameworks;

“(v) follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system’s goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and

“(vi) provide notice to students outlining the data included in the system and how the data are used.

“(2) DATA ELEMENTS.—

“(A) IN GENERAL.—The Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine—

“(i) the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and

“(ii) how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system.

“(B) POSTSECONDARY STUDENT DATA SYSTEM ADVISORY COMMITTEE.—

“(i) ESTABLISHMENT.—The Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the ‘Advisory Committee’), whose members shall include—

“(I) the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department;

“(II) the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department;

“(III) representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions;

“(IV) representatives from State higher education agencies, entities, bodies, or boards;

“(V) representatives of postsecondary students;

“(VI) representatives from relevant Federal agencies; and

“(VII) other stakeholders (including individuals with expertise in data privacy and security, consumer protection, and postsecondary education research).

“(ii) REQUIREMENTS.—The Commissioner shall ensure that the Advisory Committee—

“(I) adheres to all requirements under the Federal Advisory Committee Act (5 U.S.C. App.);

“(II) establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and

“(III) is provided with appropriate staffing and resources to execute its advisory duties.

“(C) REQUIRED DATA ELEMENTS.—The data elements in the postsecondary student data system shall include, at a minimum, the following:

“(i) Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as ‘student-related surveys’ in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Affordability Act, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level.

“(ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories:

“(I) Enrollment status as a first-time student, recent transfer student, or other non-first-time student.

“(II) Attendance intensity, whether full-time or part-time.

“(III) Credential-seeking status, by credential level.

“(IV) Race or ethnicity (in accordance with section 153(a)(3)(B) of the Education Sciences Reform Act (20 U.S.C. 9543(a)(3)(B))).

“(V) Age intervals.

“(VI) Gender.

“(VII) Program of study (as applicable).

“(VIII) Military or veteran benefit status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)).

“(IX) Status as a distance education student, whether exclusively or partially enrolled in distance education.

“(X) Federal Pell Grant and Federal loan recipient status, provided that the collection of such information complies with paragraph (1)(B).

“(D) OTHER DATA ELEMENTS.—

“(i) IN GENERAL.—The Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements—

“(I) are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and

“(II) are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes.

“(ii) DATA ELEMENTS.—The data elements described in clause (i) may include—

“(I) status as a first generation college student (as defined in section 402A(h));

“(II) economic status;

“(III) participation in postsecondary remedial coursework or gateway course completion; or

“(IV) other data elements that are necessary in accordance with clause (i).

“(E) REEVALUATION.—Not less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system.

“(F) PROHIBITIONS.—The Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection.

“(3) PERIODIC MATCHING WITH OTHER FEDERAL DATA SYSTEMS.—

“(A) DATA SHARING AGREEMENTS.—

“(i) The Commissioner shall ensure secure, periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices:

“(I) The Secretary of the Treasury and the Commissioner of the Internal Revenue Service, in order to calculate aggregate program- and institution-level earnings of postsecondary students.

“(II) The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers.

“(III) The Secretary of Veterans Affairs, in order to assess the use of postsecondary educational benefits and outcomes of veterans.

“(IV) The Director of the Bureau of the Census, in order to assess the occupational and earnings outcomes of former postsecondary education students.

“(V) The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act.

“(ii) The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure, periodic data matches as described in this paragraph.

“(B) CATEGORIES OF DATA.—The Commissioner shall, at a minimum, seek to ensure that the secure periodic data system matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students:

“(i) Enrollment, retention, transfer, and completion outcomes for all postsecondary students.

“(ii) Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan.

“(iii) Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured—

“(I) immediately after leaving postsecondary education; and

“(II) at time intervals appropriate to the credential sought and earned.

“(C) PERIODIC DATA MATCH STREAMLINING AND CONFIDENTIALITY.—

“(i) STREAMLINING.—In carrying out the secure periodic data system matches under this paragraph, the Commissioner shall—

“(I) ensure that such matches are not continuous, but occur at appropriate intervals, as determined by the Commissioner; and

“(II) seek to—

“(aa) streamline the data collection and reporting requirements for institutions of higher education;

“(bb) minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006;

“(cc) protect student privacy; and

“(dd) streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems.

“(ii) REVIEW.—Not less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system.

“(iii) CONFIDENTIALITY.—The Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph—

“(I) complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols;

“(II) follows industry best practices commensurate with the sensitivity of specific data elements or metrics;

“(III) does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and

“(IV) discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used.

“(iv) CORRECTION.—The Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student's personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student.

“(4) PUBLICLY AVAILABLE INFORMATION.—

“(A) IN GENERAL.—The Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user-friendly consumer information website and analytic tool that—

“(i) provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics;

“(ii) allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B);

“(iii) uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and

“(iv) provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C).

“(B) NO PERSONALLY IDENTIFIABLE INFORMATION AVAILABLE.—The summary aggregate information described in this paragraph shall not include personally identifiable information.

“(C) SUMMARY AGGREGATE INFORMATION AVAILABLE.—The summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education:

“(i) Measures of student access, including—

“(I) admissions selectivity and yield; and

“(II) enrollment, disaggregated by each category described in paragraph (2)(C)(ii).

“(ii) Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii).

“(iii) Measures of student completion, including—

“(I) transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and

“(II) number of completions, disaggregated by each category described in paragraph (2)(C)(ii).

“(iv) Measures of student costs, including—

“(I) tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in-State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and

“(II) typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status.

“(v) Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall—

“(I) be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and

“(II) be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned.

“(D) DEVELOPMENT CRITERIA.—In developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall—

“(i) focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data;

“(ii) take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines;

“(iii) use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph;

“(iv) ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and

“(v) conduct consumer testing to determine how to make the information as meaningful to users as possible.

“(5) PERMISSIBLE DISCLOSURES OF DATA.—

“(A) DATA REPORTS AND QUERIES.—

“(i) IN GENERAL.—The Commissioner shall develop and implement a secure process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the College Affordability Act, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics’ Disclosure Review Board (or successor body).

“(ii) PROVIDING DATA REPORTS AND QUERIES TO INSTITUTIONS AND STATES.—

“(I) IN GENERAL.—The Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor.

“(II) FEEDBACK REPORTS.—The feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals.

“(III) DETERMINATION OF CONTENT.—The content of the feedback reports shall be determined by the Commissioner, in consultation with the Advisory Committee.

“(iii) PERMITTING STATE DATA QUERIES.—The Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system.

“(iv) REGULATIONS.—The Commissioner shall promulgate regulations to ensure fair, secure, and equitable access to data reports and queries under this paragraph.

“(B) DISCLOSURE LIMITATIONS.—In carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals.

“(C) SALE OF DATA PROHIBITED.—Data collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity.

“(D) LIMITATION ON USE BY OTHER FEDERAL AGENCIES.—

“(i) IN GENERAL.—The Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except—

“(I) for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or

“(II) for a purpose explicitly authorized by this subsection.

“(ii) PROHIBITION ON LIMITATION OF SERVICES.—The Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students.

“(E) LAW ENFORCEMENT.—Personally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student's family, including debt collection activity or enforcement of immigration laws.

“(F) LIMITATION OF USE FOR FEDERAL RANKINGS OR SUMMATIVE RATING SYSTEM.—The comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education.

“(G) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes.

“(H) RULE OF CONSTRUCTION REGARDING COMMERCIAL USE OF DATA.—Nothing in this paragraph shall be construed to prohibit third-party entities from using publicly-available information in this data system for commercial use.

“(6) SUBMISSION OF DATA.—

“(A) REQUIRED SUBMISSION.—Each institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection.

“(B) VOLUNTARY SUBMISSION.—Any postsecondary institution not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection.

“(C) PERSONALLY IDENTIFIABLE INFORMATION.—In accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate.

“(7) UNLAWFUL WILLFUL DISCLOSURE.—

“(A) IN GENERAL.—It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized by Federal law) such personally identifiable information.

“(B) PENALTY.—Any person who violates subparagraph (A) shall be subject to a penalty described under section 3572(f) of title 44, United States Code and section 183(d)(6) of the Education Sciences Reform Act of 2002 (20 U.S.C. 9573(d)(6)).

“(C) EMPLOYEE OF OFFICER OF THE UNITED STATES.—If a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation.

“(8) DATA SECURITY.—The Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include—

“(A) an audit capability, including mandatory and regularly conducted audits;

“(B) access controls;

“(C) requirements to ensure sufficient data security, quality, validity, and reliability;

“(D) student confidentiality protection in accordance with the Confidential Information Protection and Statistical Efficiency Act;

“(E) appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and

“(F) protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics.

“(9) DATA COLLECTION.—The Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code.

“(10) DEFINITIONS.—In this subsection:

“(A) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ has the meaning given the term in section 102.

“(B) PERSONALLY IDENTIFIABLE INFORMATION.—The term ‘personally identifiable information’ has the meaning given the term in section 444 of the General Education Provisions Act (20 U.S.C. 1232g).”.

(b) Effective date; transition provisions.—

(1) EFFECTIVE DATE.—This section, and the amendments made by this section, shall take effect on the date that is 4 years after the date of enactment of this section.

(2) IN GENERAL.—The Secretary of Education and the Commissioner for Education Statistics shall take such steps as are necessary to ensure that the transition to, and implementation of, the postsecondary student data system required under section 132(l) of the Higher Education Act of 1965, as added by this section, is carried out in a manner that reduces the reporting burden for entities that reported into the Integrated Postsecondary Education Data System (IPEDS).

SEC. 1023. Avoiding duplicative reporting.

Section 132 of the Higher Education Act of 1965 (20 U.S.C. 1015a), as amended by section 1022, is further amended by adding at the end the following:

“(n) Avoiding duplicative reporting.—If the Secretary determines that the same reporting or collection of data that is required under subsection (l) is required by another reporting or collection of data requirement under this Act (other than under subsection (l)), the Secretary may—

“(1) use the data reported or collected under subsection (l); and

“(2) waive the other reporting or collection of data requirement.”.

SEC. 1024. Disclosure of non-instructional spending increases.

Section 132 of the Higher Education Act of 1965 (20 9 U.S.C. 1015a), as amended by sections 1022 and 1023, is further amended by adding at the end the following:

“(o) Non-instructional spending increases.—The Secretary shall ensure, as part of the data collection and reporting under this section, that institutions of higher education with respect to which the amount expended by the institution for non-instructional spending increases by more than 5 percent (using year-over-year data) disclose such increase to students and prospective students, along with an analysis of the expected impact on tuition.”.

SEC. 1025. Textbook information.

Section 133 of the Higher Education Act of 1965 (20 U.S.C. 1015b) is amended—

(1) in subsection (a), by inserting “, including through the adoption of innovative tools,” after “supplemental materials”;

(2) in subsection (b)(9)—

(A) by striking “to accompany a” and inserting “to accompany or support a” in the matter preceding subparagraph (A); and

(B) in subparagraph (A), by striking “materials, computer disks, website access” and inserting “materials, online and digital learning platforms and materials, website access”;

(3) in subsection (c)(1)(D)(i), by striking “paperback and unbound” and inserting “paperback, digital, and unbound”; and

(4) in subsection (f)—

(A) in paragraph (1), by inserting “accessing lower-cost digital course materials and digital textbooks,” after “programs for”; and

(B) in paragraph (3), by inserting “, such as inclusive access programs, subscription models, or digital content distribution platforms” after “delivery programs”.

SEC. 1026. Repeals.

Sections 134 and 136 of the Higher Education Act of 1965 (20 U.S.C. 1015c) are repealed.

SEC. 1027. In-state tuition rates for homeless youth and foster care youth.

Section 135 of the Higher Education Act of 1965 (20 U.S.C. 1015d) is amended—

(1) in the section heading, by inserting “, homeless youth, and foster care youth” after “children”;

(2) in subsection (a)—

(A) by striking “(a) Requirement.—In the case” and inserting the following:

“(a) Requirement.—

“(1) ARMED FORCES.—In the case”; and

(B) by adding at the end the following:

“(2) HOMELESS YOUTH AND FOSTER CARE YOUTH.—In the case of a homeless youth or a foster care youth, such State shall not charge such individual tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.”; and

(3) by striking subsections (c) and (d) and inserting the following:

“(c) Effective date.—

“(1) ARMED FORCES.—With respect to an individual described in subsection (a)(1), this section shall remain in effect as it was in effect on the day before the date of enactment of the College Affordability Act.

“(2) HOMELESS YOUTH AND FOSTER CARE YOUTH.—With respect to an individual described in subsection (a)(2), this section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins during the first full award year following the date of enactment of the College Affordability Act.

“(d) Definitions.—In this section:

“(1) ARMED FORCES.—The terms ‘armed forces’ and ‘active duty for a period of more than 30 days’ have the meanings given those terms in section 101 of title 10, United States Code.

“(2) HOMELESS YOUTH.—The term ‘homeless youth’ has the meaning given the term ‘homeless children and youths’ in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).”.

SEC. 1031. Improvements to the Federal Student Aid Office.

Section 141 of the Higher Education Act of 1965 (20 U.S.C. 1018) is amended—

(1) in subsection (a), by amending paragraph (2) to read as follows:

“(2) PURPOSES.—The purposes of the PBO are as follows:

“(A) To prioritize students and borrowers in the decision-making processes related to all aspects of the management and administration of the Federal student financial assistance programs authorized under title IV.

“(B) To improve service to students and other participants in the Federal student financial assistance programs authorized under title IV.

“(C) To make such programs more understandable to students and their families.

“(D) To increase the efficiency and effectiveness of such programs for students and their families.

“(E) To manage the costs of administering such programs.

“(F) To increase the accountability of the officials responsible for administering the operational aspects of such programs.

“(G) To oversee institutions, contractors, and third party servicers that participate in the Federal student financial assistance programs authorized under title IV.

“(H) To provide greater flexibility in the management and administration of such programs.

“(I) To implement open, common, integrated systems for the delivery of Federal student financial assistance programs authorized under title IV.

“(J) To develop and maintain a student financial assistance system that contains complete, accurate, and timely data to ensure program integrity.

“(K) To increase transparency in the operations and outcomes of Federal student financial assistance programs authorized under title IV.”;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and

(ii) by inserting after subparagraph (A) the following:

“(B) implement oversight and accountability measures to ensure that the PBO carries out its duties under this section efficiently, effectively, and in a manner that accomplishes the purposes specified in subsection (a)(2);”;

(B) in paragraph (2)—

(i) in subparagraph (A)—

(I) by redesignating clauses (ii) through (vi) as clauses (iii) through (vii);

(II) by inserting after clause (i) the following:

“(ii) in accordance with paragraph (3), the collection, publication, and sharing of aggregate and longitudinal data that may be used to evaluate Federal student financial assistance programs authorized under title IV, including the outcomes such programs achieve;”; and

(III) in clause (vii), as so redesignated, by inserting “, including oversight of institutions, contractors, and third party servicers that participate in such programs” after “title IV”; and

(ii) by adding at the end the following:

“(C) Taking action to prevent and address the improper use of access devices, as described in section 485B(d)(7), including by—

“(i) detecting common patterns of improper use of any system that processes payments on Federal Direct Loans or other Department information technology systems;

“(ii) maintaining a reporting system for contractors involved in the processing of payments on Federal Direct Loans in order to allow those contractors to alert the Secretary of potentially improper use of Department information technology systems;

“(iii) proactively contacting Federal student loan borrowers whose Federal student loan accounts demonstrate a likelihood of improper use in order to warn those borrowers of suspicious activity or potential fraud regarding their Federal student loan accounts; and

“(iv) providing clear and simple disclosures in communications with borrowers who are applying for or requesting assistance with Federal Direct Loan programs (including assistance or applications regarding income-driven repayment, forbearance, deferment, consolidation, rehabilitation, cancellation, and forgiveness) to ensure that borrowers are aware that the Department will never require borrowers to pay for such assistance or applications.”;

(C) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

(D) by inserting after paragraph (2) the following:

“(3) COLLECTION, SHARING, AND PUBLICATION OF DATA.—

“(A) COLLECTION.—The PBO shall collect student-level data that shall be used to evaluate Federal student financial assistance programs authorized under title IV.

“(B) SHARING WITH NCES.—The PBO shall make the data collected under subparagraph (A) available to the Commissioner of the National Center for Education Statistics for purposes of research and policy analysis.

“(C) RESEARCH.—The Commissioner of the National Center for Education Statistics shall ensure the data shared under subparagraph (B) is made available, with direct identifiers removed and with appropriate restrictions to ensure data privacy and security, for vetted research and evaluation purposes in a manner consistent with the process under section 132(l)(5)(A)(i).

“(D) PUBLICATION.—Not less frequently than once annually, the PBO shall—

“(i) aggregate the data collected under subparagraph (A) in a manner that excludes—

“(I) student-level data; or

“(II) any data that would reveal personally identifiable information about an individual student; and

“(ii) make available such aggregated data on a publicly accessible website of the Department in a format that enables members of the public to easily retrieve, sort, and analyze the data.”.

(3) by amending subsection (c) to read as follows:

“(c) Performance plan, report, and briefing.—

“(1) PERFORMANCE PLAN.—

“(A) IN GENERAL.—Not later than one year after the date of the enactment of the College Affordability Act, and not less than once every five years thereafter, the Secretary and Chief Operating Officer shall agree on a performance plan for the PBO for the succeeding 5 years that—

“(i) establishes measurable quantitative and qualitative goals and objectives for the organization; and

“(ii) aligns such goals and objectives with the purposes specified in subsection (a)(2).

“(B) CONSULTATION.—In developing the five-year performance plan and any revision to the plan, the Secretary and the Chief Operating Officer shall consult with students, institutions, Congress, contractors, the Borrower Advocate, student aid experts, including consumer advocacy and research groups, the Director of the Bureau of Consumer Financial Protection, State attorneys general, and other relevant parties.

“(C) REVISIONS.—The Secretary and Chief Operating Officer may annually update the plan under paragraph (1) to incorporate the recommendations made pursuant to the consultation required under subparagraph (B) that are accepted by the Secretary and the Chief Operating Officer.

“(D) AREAS.—The plan developed under subparagraph (A) shall address the responsibilities of the PBO in the following areas:

“(i) Improving service to students and other participants in the Federal student financial assistance programs authorized under title IV, including making those programs more understandable and accessible to students and their families.

“(ii) Managing the costs and increasing the efficiency of such programs.

“(iii) Improving, integrating, and investing in the systems that support such programs.

“(iv) Developing open, common, and integrated systems for such programs.

“(v) The collection, publication, and sharing of data on such programs as described in subsection (b)(3).

“(vi) Improving performance standards and outcomes with respect to institutions, contractors, and third party servicers that act as agents of the Department or as agents of institutions that participate in such programs.

“(vii) Any other areas identified by the Secretary.

“(E) PUBLIC AVAILABILITY.—Each plan developed under subparagraph (A) shall be made available on a publicly accessible website of the Department of Education.

“(2) ANNUAL REPORT.—

“(A) REPORT REQUIRED.—Not later than one year after the date of the enactment of the College Affordability Act and annually thereafter, the Secretary, acting through the Chief Operating Officer, shall submit to Congress an annual report on the performance of the PBO.

“(B) CONTENTS.—The annual report shall include the following:

“(i) An evaluation of the extent to which the PBO met the goals and objectives contained in the five-year performance plan described in paragraph (1) for the preceding year.

“(ii) A summary of the consultation process under paragraph (1)(B) for the preceding year, including the recommendations that were accepted or denied by the Chief Operating Officer during such year, and the rationale for accepting or denying such recommendations.

“(iii) An independent financial audit of the expenditures of both the PBO and the programs administered by the PBO.

“(iv) A summary of the actions taken by the PBO to address—

“(I) the findings of the audit described in clause (iii); and

“(II) consumer feedback.

“(v) Financial and performance requirements applicable to the PBO under—

“(I) the Chief Financial Officers Act of 1990 (Public Law 101–576); or

“(II) the Government Performance and Results Act of 1993 (Public Law 103–62).

“(vi) The results achieved by the PBO during the preceding year and whether such results met the goals specified in the performance plan under paragraph (1).

“(vii) With respect to the preceding year, the evaluation rating of the performance of the Chief Operating Officer and senior managers under subsections (d)(5) and (e)(2), including the amounts of bonus compensation awarded to the Chief Operating Officer and senior managers.

“(viii) Recommendations for legislative and regulatory changes to improve service to students and their families, and to improve the efficiency and integrity of Federal student financial assistance programs authorized under title IV.

“(ix) Financial statements that provide a rationale for appropriately funding the activities of the PBO.

“(x) A summary of the management and compliance of contractors managed by the PBO in the preceding year, including corrective actions taken by the PBO with respect to such contractors.

“(xi) A description of how the PBO used the authority under paragraph (5) of subsection (b) for making personnel and procurement decisions in the preceding year, including the number of individuals hired through such authority and the bonuses provided to staff during such year.

“(xii) A summary of the oversight activities of institutions, contractors, and third party servicers that participate in the Federal student financial assistance programs authorized under title IV including—

“(I) fines levied on such institutions, contractors, and third party servicers, disaggregated by entity;

“(II) instances of fraud or misrepresentation by such institutions, contractors, or third party servicers; and

“(III) violations of provisions in this Act by such institutions, contractors, or third party servicers disaggregated by entity and type of violation.

“(xiii) A summary of any improvements made with respect to transparency and any new types of data made available in the preceding year.

“(xiv) A description of the progress made in the preceding year towards the specific measurable organization and individual goals specified in subsection (d)(5)(A).

“(xv) The report submitted to the Secretary under subsection (f)(7).

“(xvi) Other such information as the Director of the Office of Management and Budget shall prescribe for performance based organizations.

“(3) CONSULTATION WITH STAKEHOLDERS.—The Chief Operating Officer, in preparing the annual report described in paragraph (2), shall establish appropriate means to consult with students, borrowers, institutions, student aid experts, including consumer advocacy and research groups, the Director of the Bureau of Consumer Financial Protection, and others involved in the delivery and evaluation of student aid under title IV—

“(A) regarding the degree of satisfaction with the delivery system; and

“(B) to seek suggestions on means to improve the performance of the delivery system.

“(4) BRIEFING ON ENFORCEMENT OF PROGRAM INTEGRITY.—The Secretary shall, at the request of the authorizing committees, provide to the authorizing committees a briefing on the steps the Department of Education has taken to ensure—

“(A) the experiences of students and borrowers are accounted for in decision making; and

“(B) that contractors, lenders, and guaranty agencies and third party servicers are adhering to the requirements of title IV, the terms of any contract with the Secretary, consumer protection laws, Federal regulations and guidelines, and directives of the PBO.

“(5) COORDINATION WITH THE DIRECTOR OF THE BUREAU OF CONSUMER FINANCIAL PROTECTION.—Not later than 180 days after the date of the enactment of the College Affordability Act, the Secretary shall enter into a memorandum of understanding with the Private Education Loan Ombudsman in accordance with section 1035(c)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5535(c)(2)).”.

(4) in subsection (d)—

(A) in paragraph (1), by striking “management ability” and all that follows through the period at the end and inserting “management ability, including contractor management, expertise in the Federal student financial assistance programs authorized under title IV, experience with financial systems, and knowledge of consumer financial protection laws, and without regard to political affiliation or activity.”;

(B) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6);

(C) by inserting after paragraph (1) the following:

“(2) RESTRICTIONS.—

“(A) PRESERVICE AND IN-SERVICE RESTRICTIONS.—An individual may not serve as the Chief Operating Officer if such individual—

“(i) is employed by, or has a financial interest in, an entity that contracts with the PBO; or

“(ii) was employed by, or had a financial interest in, any such entity in any of the five years preceding the date of the individual’s appointment as the Chief Operating Officer.

“(B) POSTSERVICE RESTRICTIONS.—An individual who served as the Chief Operating Officer may not accept employment with an entity that contracts with the PBO until a period of five years has elapsed following the date on which such individual’s service as the Chief Operating Officer terminated.”;

(D) in paragraph (5), as so redesignated—

(i) in subparagraph (A)—

(I) by inserting “specific” before “measurable”; and

(II) by inserting “and metrics used to measure progress toward such goals” before the period; and

(ii) in subparagraph (B), by inserting “on the website of the Department” before the period;

(E) in paragraph (6), as so redesignated, by amending subparagraph (B) to read as follows:

“(B) BONUS AUTHORIZED.—The Secretary may pay to the Chief Operating Officer a bonus in an amount that does not exceed 50 percent of such annual rate of basic pay. The decision to pay such a bonus, and the amount of the bonus, shall be based solely on the Secretary’s evaluation of the performance of the Chief Operating Officer with respect to the goals set forth in the performance agreement as described in paragraph (5)(A).”;

(5) in subsection (e)(2), by striking “measurable organization and individual goals” and inserting “specific, measurable organization and individual goals and the metrics used to measure progress toward such goals. Performance agreements for senior management responsible for procurement shall include metrics that measure ability to oversee contractors”;

(6) by amending subsection (f) to read as follows:

“(f) Borrower advocate.—

“(1) IN GENERAL.—There is established in the PBO an ‘Office of the Borrower Advocate’ (referred to in this subsection as the ‘Office’). The function of the Office shall be to provide timely assistance to borrowers of loans made, insured, or guaranteed under title IV by performing the duties described in paragraph (6).

“(2) HEAD OF OFFICE.—There shall be an official known as the ‘Borrower Advocate’ who shall serve as the head of the Office. The Borrower Advocate shall be appointed by the Secretary from among individuals who have worked closely with the Federal student loan programs authorized under title IV.

“(3) REMOVAL.—The Borrower Advocate may be removed only by the Secretary who shall communicate the reasons for any such removal to the authorizing committees.

“(4) RESTRICTIONS.—

“(A) PRESERVICE AND IN-SERVICE RESTRICTIONS.—An individual may not serve as the Borrower Advocate if such individual—

“(i) is employed by, or has a financial interest in, an entity that contracts with the PBO; or

“(ii) was employed by, or had a financial interest in, any such entity in any of the five years preceding the date of the individual’s appointment as the Borrower Advocate.

“(B) POSTSERVICE RESTRICTIONS.—An individual who served as the Borrower Advocate may not accept employment with an entity that contracts with the PBO until a period of five years has elapsed following the date on which such individual’s service as the Borrower Advocate terminated.

“(5) STAFF.—The Office shall be staffed sufficiently to carry out the responsibilities of the Office under this subsection.

“(6) DUTIES OF THE BORROWER ADVOCATE.—The Office of the Borrower Advocate shall—

“(A) assist borrowers of loans made, insured, or guaranteed under title IV in resolving problems with the PBO and its contractors or other agents, including by—

“(i) receiving and reviewing complaints of such problems from borrowers;

“(ii) working to resolve such complaints in a manner that is in the best interests of borrowers; and

“(iii) transmitting such complaints to States and recognized accrediting agencies or associations, as appropriate.

“(B) attempt to resolve complaints within the Department of Education and with institutions of higher education, lenders, guaranty agencies, loan servicers, and other participants in the Federal student loan programs authorized under title IV in a manner that will improve the experience of the borrower;

“(C) conduct impartial reviews regarding a student’s independence under subparagraph (B) or (H) of section 480(d)(1), in consultation with knowledgeable parties, including institutions of higher education, child welfare agencies, local educational agency liaisons for homeless individuals designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), or State Coordinators for Education of Homeless Children and Youth established in accordance with section 722 of such Act (42 U.S.C. 11432);

“(D) compile and analyze data on borrower complaints and share such data with the Director of the Bureau of Consumer Financial Protection;

“(E) publish, with any personally identifiable information redacted, such complaints and responses of the Secretary to such complaints on the website of the Department; and

“(F) make appropriate recommendations to Congress, the Chief Operating Officer, and Secretary with respect to Federal student loan programs authorized under title IV and the experiences of borrowers in repayment of loans under such programs.

“(7) PUBLIC INFORMATION.—The Chief Operating Officer shall establish and maintain a public page on the website of the Department of Education exclusively to provide members of the public with information about the role of the PBO with respect to the oversight of institutions of higher education, lenders, guaranty agencies, contractors that contract with the PBO, subcontractors of such contractors, and third party servicers.

“(8) REPORT.—On an annual basis, the Borrower Advocate shall submit to the Chief Operating Officer a report on the activities of the Office during the preceding year that—

“(A) identifies the activities carried out by the Borrower Advocate;

“(B) summarizes the complaints received from borrowers, including the number of such complaints, and explains the activities undertaken by the PBO to address such complaints;

“(C) proposes changes in the administrative practices of the PBO to mitigate problems experienced by borrowers; and

“(D) identifies potential legislative changes which may be appropriate to mitigate such problems.”;

(7) by redesignating subsection (i) as subsection (j); and

(8) by inserting after subsection (h) the following:

“(i) Enforcement unit.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the College Affordability Act, the Secretary shall establish within the PBO an enforcement unit (referred to in this section as the ‘Unit’) to review and investigate violations of this Act and recommend enforcement actions in accordance with paragraph (3).

“(2) CHIEF ENFORCEMENT OFFICER.—

“(A) APPOINTMENT.—The Secretary shall appoint an official to be known as the ‘Chief Enforcement Officer’ who shall serve as the head of the Unit. The Secretary shall appoint an individual to serve as the Chief Enforcement Officer solely on the basis of such individual’s integrity and expertise in law and investigations and without regard to such individual’s political affiliation.

“(B) AUTHORITY.—The Chief Enforcement Officer shall report directly to the Secretary without being required to report through any other official of the Department of Education.

“(C) TERM.—The Chief Enforcement Officer shall be appointed for a term of 6 years and may be reappointed for additional terms of 6 years at the discretion of the Secretary.

“(D) REMOVAL.—

“(i) IN GENERAL.—The Chief Enforcement Officer may not be removed during the Officer’s term except for cause.

“(ii) NOTICE TO CONGRESS.—If the Secretary removes the Chief Enforcement Officer before the expiration of the Officer’s term, the Secretary shall submit to the authorizing committees a report that explains the reasons for such removal. The report shall be submitted to the authorizing committees not later than 30 days after the date on which the removal takes effect.

“(3) DUTIES.—The Chief Enforcement Officer shall have the following duties:

“(A) Receive, process, and analyze allegations that a covered entity has violated Federal law or has engaged in unfair, deceptive, or abusive practices.

“(B) Review and investigate such allegations or refer such allegations to an entity described in subparagraphs (A) through (E) of paragraph (6).

“(C) After reviewing and investigating an allegation under subparagraph (B), in consultation with the Chief Operating Officer—

“(i) if the covered entity subject to such allegation is an entity described in clause (i) or (iii) of paragraph (8)(A), make recommendations with respect to such covered entity, including—

“(I) whether such covered entity should be limited, suspended, or terminated from participation in one or more programs under title IV;

“(II) whether such covered entity should be subject to an emergency action under section 487(c)(1)(G);

“(III) whether such covered entity should be subject to a civil penalty described in section 487(c)(3)(B);

“(IV) whether such covered entity should be subject to a criminal penalty described in section 490; or

“(V) whether such covered entity should be subject to a combination of any of the actions described in subclauses (I) though (IV);

“(ii) if the covered entity subject to such allegation is an entity described in clause (ii) of paragraph (8)(A), make recommendations with respect to such covered entity, including whether such covered entity should be limited, suspended, or terminated from administering or providing services with respect to one or more programs under title IV; and

“(iii) provide the Secretary with such recommendations.

“(4) SECRETARIAL REVIEW AND ACTION.—After receiving notice of a determination of the Chief Enforcement Officer under paragraph (3)(C), the Secretary shall decide whether or not to pursue enforcement action against the entity concerned, in accordance with the procedures established under section 487(c)(3). In a case in which the Chief Enforcement Officer recommends enforcement action against an entity, but the Secretary decides not to pursue such enforcement action, the Secretary shall notify the Chief Enforcement Officer, in writing, of the rationale for such decision.

“(5) COORDINATION AND STAFFING.—The Chief Enforcement Officer shall—

“(A) coordinate with relevant Federal and State agencies and oversight bodies; and

“(B) hire staff with the expertise necessary to conduct investigations, respond to allegations against covered entities, and enforce compliance with laws governing Federal student financial assistance programs under title IV.

“(6) INFORMATION SHARING.—The Chief Enforcement Officer shall develop and implement a process for sharing relevant information about allegations against covered entities with—

“(A) the Borrower Advocate appointed under subsection (f);

“(B) personnel of the Department on responsible for processing borrower defense claims submitted under section 493H;

“(C) other relevant Federal agencies;

“(D) States, including State law enforcement and regulatory agencies; and

“(E) recognized accrediting agencies or associations.

“(7) REPORT TO CONGRESS.—On an annual basis, the Chief Enforcement Officer shall submit to the authorizing committees a report that includes—

“(A) the number of allegations about covered entities received by Unit in the year covered by the report;

“(B) the number of such allegations investigated by the Unit;

“(C) the number of such allegations that were referred to the Secretary under paragraph (3)(C) and a summary of any action taken by the Secretary with respect to such allegations;

“(D) the number of such allegations that were referred to other Federal agencies and the names of the agencies to which the allegations were referred; and

“(E) the number of such allegations that remain under review or investigation as of the date of the report.

“(8) DEFINITIONS.—In this subsection:

“(A) COVERED ENTITY.—In this subsection, the term ‘covered entity’ means—

“(i) an institution of higher education (as defined in section 102) that participates in the Federal student financial assistance programs authorized under title IV;

“(ii) a contractor that contracts with the PBO to provide services relating to such programs, or a subcontractor of such contractor; or

“(iii) a third party servicer.

“(B) THIRD PARTY SERVICER.—the term ‘third party servicer’ has the meaning given that term in section 481(c).”.

SEC. 2001. Definitions.

Section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021) is amended to read as follows:

“SEC. 200. Definitions.

“Except as otherwise provided, in this title:

“(1) ARTS AND SCIENCES.—The term ‘arts and sciences’ means—

“(A) when referring to an organizational unit of an institution of higher education, any academic unit that offers one or more academic majors in disciplines or content areas corresponding to the academic subject matter areas in which teachers provide instruction; and

“(B) when referring to a specific academic subject area, the disciplines or content areas in which academic majors are offered by the arts and sciences organizational unit.

“(2) BLENDED LEARNING.—The term ‘blended learning’ has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112).

“(3) CHILDREN FROM LOW-INCOME FAMILIES.—The term ‘children from low-income families’ means children described in section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)).

“(4) COMPREHENSIVE LITERACY INSTRUCTION.—The term ‘comprehensive literacy instruction’ has the meaning given the term in section 2221(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6641(b)(1)).

“(5) DIGITAL LEARNING.—The term ‘digital learning’ has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112).

“(6) DIVERSE TEACHER CANDIDATES.—The term ‘diverse teacher candidates’ means teacher candidates who are—

“(A) members of racial and ethnic groups underrepresented in the teaching profession; or

“(B) linguistically and culturally prepared to educate students in high-need schools.

“(7) EARLY CHILDHOOD EDUCATOR.—The term ‘early childhood educator’ means an individual with primary responsibility for the education of children in an early childhood education program.

“(8) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(9) EDUCATOR.—The term ‘educator’ means a teacher, principal or other school leader, specialized instructional support personnel, or other staff member who provides or directly supports instruction, such as a school librarian, counselor, or paraprofessional.

“(10) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ means an entity—

“(A) that—

“(i) shall include—

“(I) a high-need local educational agency;

“(II) (aa) a high-need school or a consortium of high-need schools served by such high-need local educational agency; or

“(bb) as applicable, a high-need early childhood education program;

“(III) a partner institution;

“(IV) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; and

“(V) a school or department of arts and sciences within such partner institution; or

“(ii) shall include—

“(I) (aa) a partner education institution;

“(bb) a school, department, or program of education within such partner institution, which may include an existing teacher professional development program with proven outcomes within a four-year institution of higher education that provides intensive and sustained collaboration between faculty and local educational agencies consistent with the requirements of this title; or

“(cc) a school or department of arts and sciences within such partner institution; and

“(II) a State educational agency that will serve to place graduates of partnership programs into high-need local educational agencies, schools, or early childhood programs, or schools that have been identified for comprehensive support and improvement under section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(2)); and

“(B) that may include any of the following:

“(i) The Governor of the State.

“(ii) The State educational agency.

“(iii) The State board of education.

“(iv) The State agency for higher education.

“(v) A public or private nonprofit educational organization.

“(vi) An educational service agency.

“(vii) A public school teacher, principal, or school leader organization.

“(viii) A high-performing local educational agency, or a consortium of such local educational agencies, that can serve as a resource to the partnership.

“(ix) A charter school (as defined in section 4310 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221i)).

“(x) A school or department within the partner institution that focuses on psychology and human development.

“(xi) A school or department within the partner institution for teacher or school leader preparation with comparable expertise in the disciplines of teaching, learning, and child and adolescent development.

“(xii) An entity operating a program that provides alternative routes to State certification of teachers or principals.

“(11) ENGLISH LEARNER.—The term ‘English learner’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(12) EVIDENCE-BASED.—The term ‘evidence-based’ has the meaning given the term in subclauses (I) and (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)).

“(13) EVIDENCE OF STUDENT LEARNING.—The term ‘evidence of student learning’ means multiple measures of student learning that include the following:

“(A) Valid and reliable student assessment data, which may include data—

“(i) on student learning gains on statewide academic assessments under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965;

“(ii) from student academic achievement assessments used at the national, State, or local levels, where available and appropriate for the curriculum and students taught;

“(iii) from classroom-based summative assessments; and

“(iv) from high quality validated performance-based assessments that are aligned with challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)).

“(B) Not less than one of the following additional measures:

“(i) Student work, including measures of performance criteria and evidence of student growth.

“(ii) Teacher-generated information about student goals and growth.

“(iii) Parental feedback about student goals and growth.

“(iv) Student feedback about learning and teaching supports.

“(v) Assessments of affective engagement and self-efficacy.

“(vi) Other appropriate measures, as determined by the State.

“(14) FOSTER CARE.—

“(A) IN GENERAL.—The term ‘foster care’ means 24-hour substitute care for a child placed away from the child’s parents or guardians and for whom the State agency has placement and care responsibility. The term includes care through a placement in a foster family home, a foster home of a relative, a group home, an emergency shelter, a residential facility, a child care institution, or a pre-adoptive home.

“(B) RULE.—A child shall be considered to be in foster care under subparagraph (A) without regard to whether—

“(i) the foster care facility is licensed and payments are made by the State or local agency for the care of the child;

“(ii) adoption subsidy payments are being made prior to the finalization of an adoption; or

“(iii) Federal matching funds for any payments described in clause (i) or (ii) are being made.

“(15) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘high-need early childhood education program’ means an early childhood education program serving children from low-income families that is located within the geographic area served by a high-need local educational agency.

“(16) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term ‘high-need local educational agency’ means a local educational agency—

“(A) (i) that serves not fewer than 10,000 low-income children;

“(ii) for which not less than 40 percent of the children served by the agency are low-income children;

“(iii) that meets the eligibility requirements for funding under the Small, Rural School Achievement Program under section 5211(b) of the Elementary and Secondary Education Act of 1965 or the Rural and Low-Income School Program under section 6221(b) of such Act; or

“(iv) that has a percentage of low-income children that is in the highest quartile among such agencies in the State; and

“(B) (i) for which a significant number of schools served by the agency is identified by the State for comprehensive supports and interventions under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965; or

“(ii) for which a significant number of schools served by the agency has a high teacher turnover rate or is experiencing a teacher shortage in a high-needs field, as determined by the State.

“(17) HIGH-NEED SCHOOL.—

“(A) IN GENERAL.—The term ‘high-need school’ means a school that, based on the most recent data available, is—

“(i) an elementary school, in which not less than 60 percent of students are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

“(ii) any other school that is not an elementary school, in which not less than 45 percent of students are eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); or

“(iii) identified for comprehensive support and improvement under section 1111(c)(4)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D)), targeted support and improvement under section 1111(d)(2) of such Act (20 U.S.C. 6311(d)(2)), or additional targeted support under section 1111(d)(2)(C) of such Act (20 U.S.C. 6311(d)(2)(C)).

“(B) SPECIAL RULE.—

“(i) DESIGNATION BY THE SECRETARY.—The Secretary may, upon approval of an application submitted by an eligible partnership seeking a grant under this title, designate a school that does not qualify as a high-need school under subparagraph (A) as a high-need school for the purpose of this title. The Secretary shall base the approval of an application for designation of a school under this clause on a consideration of the information required under clause (ii), and may also take into account other information submitted by the eligible partnership.

“(ii) APPLICATION REQUIREMENTS.—An application for designation of a school under clause (i) shall include—

“(I) the number and percentage of students attending such school who are—

“(aa) aged 5 through 17 in poverty counted in the most recent census data approved by the Secretary;

“(bb) eligible for a free or reduced price school lunch under the Richard B. Russell National School Lunch Act;

“(cc) in families receiving assistance under the State program funded under part A of title IV of the Social Security Act; or

“(dd) eligible to receive medical assistance under the Medicaid program;

“(II) information about the student academic achievement of students at such school; and

“(III) for a secondary school, the four-year adjusted cohort graduation rate for such school.

“(18) HIGHLY COMPETENT.—The term ‘highly competent’, when used with respect to an early childhood educator, means an early childhood educator—

“(A) with specialized education and training in development and education of young children from birth until entry into kindergarten or a specialization in infants and toddlers or pre-school children;

“(B) with a baccalaureate degree in an academic major in an early childhood or related field; and

“(C) who has demonstrated a high level of knowledge and use of content and pedagogy in the relevant areas associated with quality early childhood education.

“(19) HOMELESS CHILD.—The term ‘homeless child’ means an individual who is a homeless child or youth under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

“(20) INDUCTION PROGRAM.—The term ‘induction program’ means a formalized program for new teachers, principals, or school leaders, during not less than the teachers’, principals, or school leaders’ first 2 years of, respectively, teaching or leading, that is designed to provide support for, and improve the professional performance and increase the retention in the education field of, beginning teachers, principals, or school leaders. Such program shall promote effective teaching or leadership skills and shall include the following components:

“(A) High-quality and structured teacher or school leader mentoring led by a trained and expert mentor who has demonstrated high skill and effectiveness and who teaches or leads, or has taught or led, in the same or similar field, grade, or subject as the mentee.

“(B) Periodic, structured time for collaboration, including with mentors, as well as time for information-sharing among teachers, principals, other school leaders and administrators, other appropriate instructional staff, and participating faculty or program staff in the partner institution.

“(C) The application of evidence-based instructional practices.

“(D) Opportunities for new teachers, principals, or school leaders to draw directly on the expertise of mentors, faculty or program staff, and researchers, including through mentor observation and feedback, to support the integration of evidence-based research and practice.

“(E) The development of skills in evidence-based instructional and behavioral supports and interventions.

“(F) Programs to support the health and well-being of teachers, particularly in high-need schools or high-need local educational agencies. These may include programs that focus on social emotional learning, organizational interventions, workplace wellness, and stress management.

“(G) Faculty or program staff who—

“(i) model the integration of research and practice in the classroom and school; and

“(ii) assist new teachers or school leaders with the effective use and integration of educational and accessible technology and universal design for learning into the classroom or school.

“(H) Interdisciplinary collaboration among teacher leaders or school leaders, faculty or program staff, researchers, and other staff who prepare new teachers or school leaders with respect to, as applicable, the learning process, the assessment of learning, or the leadership of a school.

“(I) As applicable to the role, assistance with understanding of the effective use of data, particularly student achievement data, and the applicability of such data to inform and improve classroom instruction and school leadership.

“(J) Regular and structured observation and evaluation of new teachers, principals, or other school leaders that are based in part on evidence of student learning, shall include multiple measures of educator performance, and shall provide clear, timely, and useful feedback to teachers, principals, or other school leaders to be used to improve instruction, as applicable.

“(K) With respect to a principal induction program, the development of local-educational-agency-wide systems such as rigorous leader standards, continuous ongoing identification of goals for improvement, and support for achieving those goals.

“(L) The development of skills in improving the school culture and climate related to school leadership and the role of the principal, including to—

“(i) nurture teacher and staff development to strengthen classroom practice;

“(ii) support teacher health and well-being, including through programs that focus on social emotional learning, organizational interventions, workplace wellness, and stress management;

“(iii) build and sustain an inclusive culture of learning among adults and children;

“(iv) strengthen communications and relationships with teachers, parents, caregivers, paraprofessionals, and community stakeholders;

“(v) facilitate the sharing of knowledge, insight, and best practices in the community served by the school, preschool program, or early childhood education program, including with youth serving programs (such as before- and after-school and summer programs); and

“(vi) build relationships and communicate effectively with State and local educational agency officials.

“(21) INFANT OR TODDLER WITH A DISABILITY.—The term ‘infant or toddler with a disability’ has the meaning given the term in section 632 of the Individuals with Disabilities Education Act (20 U.S.C. 1432).

“(22) MENTORING.—The term ‘mentoring’ means the mentoring or coaching of new or prospective teachers, principals, or school leaders through a program that—

“(A) includes clear criteria for the selection of teacher, principal, or school leader mentors who may be program staff and who will provide role model relationships for mentees, which criteria shall be developed by the eligible partnership and based on measures of teacher or school leader effectiveness;

“(B) provides high-quality training for such mentors, including instructional strategies for culturally relevant teaching practices, literacy instruction and classroom management (including approaches that improve the schoolwide climate for learning, create inclusive classroom environments, and address the social and emotional needs of students, which may include positive behavioral interventions and supports);

“(C) provides regular and ongoing opportunities for mentors and mentees to observe each other’s teaching or leading methods in classroom or school settings during the day in a high-need school in the high-need local educational agency in the eligible partnership;

“(D) provides paid release time for mentors;

“(E) for teachers, provides mentoring to each mentee by a colleague who teaches in the same field, grade, or subject as the mentee;

“(F) for teachers, promotes empirically-based practice of, and evidence-based research on, where applicable—

“(i) teaching and learning;

“(ii) assessment of student learning;

“(iii) the development of teaching skills through the use of instructional and behavioral interventions, including trauma-informed practices; and

“(iv) the improvement of the mentees’ capacity to measurably advance student learning; and

“(G) includes—

“(i) common planning time or regularly scheduled collaboration for the mentor and mentee; and

“(ii) as applicable, joint professional development opportunities.

“(23) PARENT.—The term ‘parent’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(24) PARTNER INSTITUTION.—The term ‘partner institution’ means an institution of higher education, which may include a 2-year institution of higher education offering a dual program with a 4-year institution of higher education, participating in an eligible partnership that has a teacher or school leader preparation program that is accredited by the State—

“(A) in the case of a teacher preparation program—

“(i) whose graduates exhibit strong performance on State-determined qualifying assessments for new teachers through—

“(I) demonstrating that 80 percent or more of the graduates of the program who intend to enter the field of teaching have passed all of the applicable State qualification assessments for new teachers, which shall include an assessment of each prospective teacher’s subject matter knowledge in the content area in which the teacher intends to teach; or

“(II) that is not designated as a low-performing teacher preparation program in the State as determined by the State—

“(aa) using criteria consistent with the requirements for the State assessment under section 207(a) before the first publication of such report card; and

“(bb) using the State assessment required under section 207(a), after the first publication of such report card and for every year thereafter; and

“(ii) that requires—

“(I) each student in the program to meet high academic standards or demonstrate a record of success, as determined by the institution (including prior to entering and being accepted into a program), and participate in intensive clinical experience;

“(II) each student in the program preparing to become a teacher who meets the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)); and

“(III) each student in the program preparing to become an early childhood educator to become highly competent; and

“(B) in the case of a school leader preparation program—

“(i) whose graduates exhibit a strong record of successful school leadership as demonstrated by—

“(I) a high percentage of such graduates taking positions as assistant principals and principals within 3 years of completing the program; and

“(II) a high percentage of such graduates rated effective or above in State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other, comparable indicators of performance; and

“(ii) that requires each student in the program to participate in an intensive, high-quality clinical experience in an authentic setting (including by assuming substantial leadership responsibilities) for at least one full academic semester (or the equivalent) in which the student can be evaluated on leadership skills and the student’s effect on student learning as part of program completion.

“(25) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(26) PROFESSION-READY.—The term ‘profession-ready’—

“(A) when used with respect to a principal or other school leader, means a principal or other school leader who—

“(i) has an advanced degree, or other appropriate credential;

“(ii) has completed a principal or other school leader preparation process and is fully certified and licensed by the State in which the principal or other school leader is employed;

“(iii) has demonstrated instructional leadership, including the ability to collect, analyze, and utilize data on evidence of student learning and evidence of classroom practice;

“(iv) has demonstrated proficiency in professionally recognized leadership standards, such as through—

“(I) a performance assessment;

“(II) completion of a residency program; or

“(III) other measures of leadership effectiveness, as determined by the State; and

“(v) has demonstrated the ability to work with students with disabilities and students who are culturally and linguistically diverse;

“(B) when used with respect to a teacher, means a teacher who—

“(i) has completed a teacher preparation program and is fully certified and licensed to teach by the State in which the teacher is employed;

“(ii) has a baccalaureate degree or higher;

“(iii) has demonstrated content knowledge in the subject or subjects the teacher teaches;

“(iv) has demonstrated the ability to work with students with disabilities and students who are culturally and linguistically diverse;

“(v) has demonstrated teaching skills, such as through—

“(I) a teacher performance assessment; or

“(II) other measures of teaching skills, as determined by the State; and

“(vi) has demonstrated proficiency with the use of educational and accessible technology; and

“(C) when used with respect to any other educator not described in subparagraph (A) or (B), means an educator who has completed an appropriate preparation program and is fully certified or licensed by the State in which the educator is employed.

“(27) RESIDENCY PROGRAM.—The term ‘residency program’ means a school-based educator preparation program, based on models of effective teaching and leadership residencies, in which a prospective teacher, principal, or other school leader—

“(A) for 1 academic year, works alongside a mentor teacher, principal, or other school leader who is—

“(i) the educator of record; and

“(ii) is rated as effective or above in the State’s school leader evaluation and support system (as described in section 2101(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611(c)(4)(B)(ii))) or, if no such ratings are available, other, on comparable indicators of performance;

“(B) receives concurrent, aligned instruction during the year described in subparagraph (A) from the partner institution, which may be courses taught by local educational agency personnel or residency program faculty, in, as applicable—

“(i) the teaching of the content area in which the teacher will become certified or licensed;

“(ii) pedagogical practices, including the teaching skills defined in paragraph (33); and

“(iii) leadership, management, organizational, and instructional skills necessary to serve as a principal or other school leader;

“(C) acquires effective teaching or leadership skills through the integration of pedagogy, classroom or school practice, and teacher or leadership mentoring; and

“(D) prior to completion of the program—

“(i) demonstrates the prerequisite skills to advance student learning, which may be measured by a teacher or school leader performance assessment;

“(ii) attains full State teacher, principal, or school leader certification or licensure;

“(iii) with respect to special education teachers, meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)); and

“(iv) becomes profession-ready.

“(28) SCHOOL LEADER.—The term ‘school leader’ has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

“(29) SCHOOL LEADER PREPARATION ENTITY.—The term ‘school leader preparation entity’ means an institution of higher education or a nonprofit organization, including those institutions or organizations that provide alternative routes to certification, that is approved by the State to prepare school leaders to be effective.

“(30) SCHOOL LEADER PREPARATION PROGRAM.—The term ‘school leader preparation program’ means a program offered by a school leader preparation entity, whether a traditional or alternative route, that is approved by the State to prepare school leaders to be effective and that leads to a specific State certification to be a school leader.

“(31) SCHOOL LEADER SKILLS.—The term ‘school leader skills’ refers to evidenced-based competencies for principals and other school leaders such as—

“(A) shaping a vision of academic success for all students;

“(B) creating a safe and inclusive learning environment;

“(C) cultivating leadership in others;

“(D) improving instruction; and

“(E) managing people, data, and processes to foster school improvement.

“(32) TEACHER LEADER.—The term ‘teacher leader’ means an effective educator who carries out formalized leadership responsibilities based on the demonstrated needs of the elementary school or secondary school in which the teacher is employed, while maintaining a role as a classroom instructor who—

“(A) is trained in and practices teacher leadership; and

“(B) fosters a collaborative culture to—

“(i) support educator development, effectiveness, and student learning;

“(ii) support access and use research to improve practice and student learning;

“(iii) promote professional learning for continuous improvement;

“(iv) facilitate improvements in instruction and student learning; promote the appropriate use of assessments and data for school and district improvement;

“(v) improve outreach and collaboration with families and community;

“(vi) advance the profession by shaping and implementing policy;

“(vii) advocate for increased access to great teaching and learning for all students; and

“(viii) demonstrate cultural competencies and provide instruction and support as such.

“(33) TEACHING SKILLS.—The term ‘teaching skills’ means skills that enable a teacher to—

“(A) increase student learning, achievement, and the ability to apply knowledge;

“(B) effectively convey, explain, and provide opportunities for students to develop the skills aligned with the full depth and breadth of the State challenging academic standards, including the application of academic subject matter;

“(C) effectively teach higher-order analytical, evaluation, problem-solving, critical thinking, social and emotional, collaboration, and communication skills;

“(D) employ strategies grounded in the disciplines of teaching and learning that—

“(i) are based on empirically-based practice and evidence-based research, where applicable, related to teaching and learning;

“(ii) are specific to academic subject matter; and

“(iii) focus on the identification of students’ specific learning needs, particularly students with disabilities, students who are English learners, students who are gifted and talented, and students with low literacy levels, and the tailoring of academic instruction to such needs;

“(E) design and conduct ongoing assessments of student learning, which may include the use of formative assessments, performance-based assessments, project-based assessments, or portfolio assessments, that measures higher-order thinking skills (including application, analysis, synthesis, and evaluation) and use this information to inform and personalize instruction;

“(F) support the social, emotional, and academic achievement of all students including effectively manage a classroom creating a positive and inclusive classroom environment, including the ability to implement positive behavioral interventions, trauma-informed care, and other support strategies;

“(G) support an inclusive learning environment through culturally responsive teaching;

“(H) support accessible technology-rich instruction, assessment, and learning management in content areas, accessible technology literacy, and the use of universal design;

“(I) demonstrate proficiency with the use of educational and accessible technology;

“(J) communicate and work with families, and involve families in their children’s education; and

“(K) use, in the case of an early childhood educator or an educator at the elementary school or secondary school level, age-appropriate and developmentally appropriate strategies and practices for children and youth in early childhood education and elementary school or secondary school programs, respectively.

“(34) TEACHER PERFORMANCE ASSESSMENT.—The term ‘teacher performance assessment’ means a pre-service assessment used to measure teacher performance that is approved by the State and is—

“(A) based on professional teaching standards;

“(B) used to measure the effectiveness of a teacher’s—

“(i) curriculum planning informed by an understanding of students’ prior knowledge, experiences, and racial, linguistic, cultural, and community assets;

“(ii) instruction of students, including the skills necessary to advance student learning, and including appropriate plans, differentiation, and modifications to support student learning needs, including English learners and students with disabilities;

“(iii) assessment of students, including analysis of evidence of student learning;

“(iv) ability to analyze, reflect on, and improve teaching practice in response to student learning; and

“(v) demonstrate cultural competencies through curriculum planning and instruction.

“(C) validated based on professional assessment standards;

“(D) reliably scored by trained evaluators, with appropriate oversight of the process to ensure consistency; and

“(E) used to support continuous improvement of educator practice.

“(35) TEACHER PREPARATION ENTITY.—The term ‘teacher preparation entity’ means an institution of higher education, a nonprofit organization, or other organization that is approved by a State to prepare teachers to be effective in the classroom.

“(36) TEACHER PREPARATION PROGRAM.—The term ‘teacher preparation program’ means a program offered by a teacher preparation entity that leads to a specific State teacher certification.

“(37) TRAUMA-INFORMED CARE.—The term ‘trauma-informed care’ is defined as the evidence-based practices outlined in section 4108(B)(II)(aa) of the Elementary and Secondary Education Act of 1965.”.

SEC. 2002. Purposes.

Section 201 of the Higher Education Act of 1965 (20 U.S.C. 1022) is amended—

(1) in paragraph (2), by striking “by improving the preparation of prospective teachers and enhancing professional development activities for new teachers” and inserting “, school leaders, including teacher leaders, and other educators by improving the preparation of prospective teachers, school leaders, and other educators and enhancing professional development activities for new teachers, school leaders, and other educators”;

(2) in paragraph (3), by striking “; and” and inserting a semicolon;

(3) by striking paragraph (4) and inserting the following new paragraphs:

“(4) hold teacher, principal and school leader, and other educator preparation programs accountable for preparing effective teachers, principals and school leaders, and other educators;

“(5) recruit individuals, including members of racial and ethnic groups underrepresented in the teaching profession and individuals from other occupations (including informal education and youth development fields), as profession-ready teachers and other educators, ensuring such individuals receive appropriate training in pedagogy and classroom management, with an emphasis on areas of State-identified teacher shortage; and

“(6) meet the staffing needs of high-need local educational agencies and high-need schools through close partnerships with educator preparation programs within institutions of higher education.”.

SEC. 2003. Partnership grants.

Section 202 of the Higher Education Act of 1965 (20 U.S.C. 1022a) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by inserting “equitable distribution,” after “professional development,”;

(B) by amending paragraph (2) to read as follows:

“(2) a description of the extent to which the program to be carried out with grant funds, as described in subsection (c), will prepare prospective teachers, school leaders, and new educators with strong teaching, school leadership, and other professional skills necessary to increase learning and academic achievement;”;

(C) in paragraph (3), by inserting “, school leaders, and other educators,” after “new teachers”;

(D) in paragraph (4)—

(i) in subparagraph (A), by inserting “, school leader, and other educator” after “other teacher”; and

(ii) in subparagraph (B), by inserting “, school leader, and other educator” after “promote teacher”;

(E) in paragraph (6)—

(i) by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and (M), respectively;

(ii) by striking subparagraphs (F), (G), and (H) and inserting the following:

“(F) how the partnership will prepare educators to teach and work with students with disabilities, including training related to early identification of students with disabilities and participation as a member of individualized education program teams, as defined in section 614(d)(1)(B) of the Individuals with Disabilities Education Act to ensure that students with disabilities receive effective services, consistent with the requirements of the Individuals with Disabilities Education Act, that are needed for such students to achieve to challenging State academic standards;

“(G) how the partnership will prepare educators to teach and work with students who are English learners to ensure that students who are English learners receive the services that are needed for such students to achieve to challenging State academic standards;

“(H) in the case of activities related to principal and school leader preparation programs, how the partnership will prepare principals and other school leaders to foster instruction that supports the success of all students, including students with disabilities, students who are English learners, and students in early childhood education in alignment with State early learning standards for early childhood education programs;

“(I) how faculty at the partner institution will work, during the term of the grant, with mentor educators in the classrooms and administrators of high-need schools served by the high-need local educational agency in the partnership to—

“(i) provide high-quality professional development activities to strengthen the content knowledge and teaching skills of elementary school and secondary school teachers and other educators, including multi-tiered systems of support and universal design for learning;

“(ii) train other classroom teachers, principals or other school leaders, school librarians, and other educators to implement literacy programs that incorporate the components of comprehensive literacy instruction; and

“(iii) provide evidence-based, high-quality professional development activities to strengthen the instructional and leadership skills of elementary school and secondary school principals or other school leaders and district superintendents, if the partner institution has a principal or school leader preparation program;”;

(iii) in subparagraph (J) (as so redesignated), by inserting “as applicable” before “how the partnership”;

(iv) in subparagraph (K) (as so redesignated), by striking “and” at the end;

(v) by inserting after subparagraph (K) (as so resdesignated) the following:

“(L) how faculty at the partner institution for school leader preparation will work, during the term of the grant, with their—

“(i) State to use rigorous, research-based leader standards and align program accreditation criteria and principal licensure requirements with those standards; and

“(ii) high-needs local education agencies that hire their graduates to use rigorous, evidence-based leader standards and align program content and local educational agencies’ evaluation systems with those standards; and”; and

(vi) in subparagraph (M) (as so redesignated), by inserting “, principals or other school leaders” after “teachers”; and

(F) in paragraph (7)—

(i) in the matter before subparagraph (A), by striking “under this section” and inserting “under paragraphs (1)(B)(iv) and (3) of subsection (d)”;

(ii) in subparagraph (A), by inserting “as applicable,” before “a demonstration”; and

(iii) in subparagraph (B), by striking “scientifically valid” and inserting “evidence-based”;

(2) by amending subsection (c) to read as follows:

“(c) Use of grant funds.—An eligible partnership that receives a grant under this section—

“(1) shall use such grant to carry out —

“(A) a program for the pre-baccalaureate or post-baccalaureate preparation of teachers described in subsection (d);

“(B) a teaching residency program, or a principal or other school leader residency program, described in subsection (e);

“(C) a high-quality ‘Grow Your Own’ program; or

“(D) a combination of such programs; and

“(2) may use such grant to carry out other educator development programs under subsection (f), based upon the results of the needs assessment in subsection (b)(1).”;

(3) in subsection (d)—

(A) in paragraph (1)—

(i) by striking “limited English proficient” both places it appears and inserting “English learners”; and

(ii) by striking “scientifically valid” both places it appears and inserting “evidence-based”;

(iii) in subparagraph (B)(ii)(VI), by striking “reading instruction” both places it appears and inserting “comprehensive literacy instruction”;

(B) in paragraph (5)(B), by striking “limited English proficient students” and inserting “students who are English learners”;

(C) in paragraph (5)(C), by inserting “paraprofessionals,” after “occupations,”; and

(D) in paragraph (6)(A), by striking “reading instruction” and inserting “comprehensive literacy instruction”;

(4) by amending subsection (e) to read as follows:

“(e) Partnership grants for the establishment of teaching and principal or other school leader residency programs.—

“(1) IN GENERAL.—An eligible partnership receiving a grant to carry out an effective teaching residency program or principal or other school leader residency program that meets the following requirements:

“(A) TEACHING RESIDENCY PROGRAM.—An eligible partnership carrying out a teaching residency program shall—

“(i) support a teaching residency program described in paragraph (2) for high-need schools, as determined by the needs of high-need local educational agency in the partnership, and in high-need subjects and areas, as defined by such local educational agency; and

“(ii) place graduates of the teaching residency program in cohorts that facilitate professional collaboration, both among graduates of the residency program and between such graduates and mentor teachers in the receiving school.

“(B) PRINCIPAL OR SCHOOL LEADER RESIDENCY PROGRAM.—An eligible partnership carrying out a principal or school leader residency program shall support a program described in paragraph (3) for high-need schools, as determined by the needs of the high-need local educational agency in the partnership.

“(2) TEACHING RESIDENCY PROGRAM.—

“(A) ESTABLISHMENT AND DESIGN.—A teaching residency program under this paragraph shall be a program based upon models of successful teaching residencies that serves as a mechanism to prepare teachers for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs:

“(i) The integration of pedagogy, classroom practice and teacher mentoring.

“(ii) The exposure to principles of child and youth development, and understanding and applying principles of learning, behavior, and community and family engagement.

“(iii) The exposure to principles of universal design for learning and multi-tiered systems of support.

“(iv) Engagement of teaching residents in rigorous coursework that results in a baccalaureate or master’s degree while undertaking a guided teaching clinical experience.

“(v) Experience and learning opportunities alongside a trained and experienced mentor teacher—

“(I) whose teaching shall complement the residency program so that school-based clinical practice is tightly aligned and integrated with coursework;

“(II) who shall have extra responsibilities as a teacher leader of the teaching residency program, as a mentor for residents, and as a teacher coach during the induction program for new teachers, and for establishing, within the program, a learning community in which all individuals are expected to continually improve their capacity to advance student learning; and

“(III) who may be relieved from teaching duties or may be offered a stipend as a result of such additional responsibilities.

“(vi) The establishment of clear criteria for the selection of mentor teachers based on the appropriate subject area knowledge and measures of teacher effectiveness, which shall be based on, but not limited to, observations of the following:

“(I) Planning and preparation, including demonstrated knowledge of content, pedagogy, and assessment, including the use of formative, summative, and diagnostic assessments to inform instruction and improve student learning.

“(II) Appropriate instruction that engages all students.

“(III) Collaboration with colleagues to improve instruction.

“(IV) Analysis of evidence of student learning.

“(V) Collaboration and the cultivation of relationships with external stakeholders (which may include professional disciplinary organizations and nonprofit advocacy organizations) to foster the sharing of evidence-based resources to promote high-quality, effective practices.

“(vii) The development of admissions goals and priorities—

“(I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the teaching residency program; and

“(II) which may include consideration of applicants who reflect the communities in which they will teach as well as consideration of individuals from underrepresented populations in the teaching profession.

“(viii) Continued support for residents once such residents are hired as the teachers of record, through an induction program, evidence-based professional development, and networking opportunities to support the residents through not less than the residents' first 2 years of teaching.

“(B) SELECTION OF INDIVIDUALS AS TEACHER RESIDENTS.—

“(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to be a teacher resident in a teaching residency program under this paragraph, an individual shall—

“(I) be a recent graduate of a 4-year institution of higher education or a mid-career professional possessing strong content knowledge or a record of professional accomplishment;

“(II) in the case of an undergraduate residency, enrolled as an undergraduate student in a partner institution as defined in this title; and

“(III) submit an application to the residency program.

“(ii) SELECTION CRITERIA.—An eligible partnership carrying out a teaching residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the teaching residency program based on the following characteristics:

“(I) Strong content knowledge or record of accomplishment in the field or subject area to be taught.

“(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments.

“(III) Other attributes linked to effective teaching, which may be determined by interviews or performance assessments, as specified by the eligible partnership.

“(3) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF PRINCIPAL AND OTHER SCHOOL LEADER RESIDENCY PROGRAMS.—

“(A) ESTABLISHMENT AND DESIGN.—A principal or other school leader residency program under this paragraph shall be a program based upon models of successful principal or other school leader residencies, and may include the development or support of principal pipelines, that serve as a mechanism to prepare principals and other school leaders for success in high-need schools in the eligible partnership and shall be designed to include the following characteristics of successful programs:

“(i) Engagement of principal or other school leader residents in rigorous graduate-level coursework to earn an appropriate advanced credential while undertaking a guided principal or other school leader clinical experience.

“(ii) Experience and learning opportunities, including those that provide continuous feedback throughout the program on a participants’ progress, alongside a trained and experienced mentor principal or other school leader—

“(I) whose mentoring shall be based on standards of effective mentoring practice and shall complement the residence program so that school-based clinical practice is tightly aligned with coursework; and

“(II) who may be relieved from some portion of principal or other school leader duties or may be offered a stipend as a result of such additional responsibilities.

“(iii) The establishment of clear criteria for the selection of mentor principals or other school leaders, which may be based on observations of the following:

“(I) Demonstrating awareness of, and having experience with, the knowledge, skills, and attitudes to—

“(aa) establish and maintain a professional learning community that effectively extracts information from data to improve the school culture and climate, and personalize instruction for all students to result in improved student achievement;

“(bb) create and maintain a learning culture within the school that provides an inclusive climate conducive to the development of all members of the school community, including one of continuous improvement and learning for adults tied to student learning and other school goals;

“(cc) develop the professional capacity and practice of school personnel and foster a professional community of teachers and other professional staff;

“(dd) engage in continuous professional development, utilizing a combination of academic study, developmental simulation exercises, self-reflection, mentorship, and internship;

“(ee) understand youth development appropriate to the age level served by the school, and use this knowledge to set high expectations and standards for the academic, social, emotional, and physical development of all students;

“(ff) understand the science of adverse childhood experiences to lead schools that implement trauma-informed practices; and

“(gg) actively engage with families and the community to create shared responsibility for student academic performance and successful development.

“(II) Planning and articulating a shared and coherent schoolwide direction and policy for achieving high standards of student performance, and closing gaps in achievement among subgroups of students.

“(III) Identifying and implementing the activities and rigorous curriculum necessary for achieving such standards of student performance.

“(IV) Supporting a culture of learning, collaboration, and professional behavior and ensuring quality measures of instructional practice.

“(V) Communicating with, and engaging, parents, families, and other external communities.

“(VI) Cultivating relationships and collaborating with external stakeholders, which may include professional disciplinary organizations and nonprofit advocacy organizations, to foster the sharing of evidence-based resources to promote high-quality, effective practices.

“(VII) Collecting, analyzing, and utilizing data and other evidence of student learning and evidence of classroom practice to guide decisions and actions for continuous improvement and to ensure performance accountability.

“(iv) The development of admissions goals and priorities—

“(I) that are aligned with the hiring objectives of the local educational agency partnering with the program, as well as the instructional initiatives and curriculum of such agency to hire qualified graduates from the principal residency program; and

“(II) which may include consideration of applicants who reflect the communities in which they will serve and consideration of individuals from underrepresented populations in school leadership positions.

“(v) Continued support for residents once such residents are hired as principals or other school leaders, through an induction program, evidence-based professional development to support the knowledge and skills of the principal or other school leader in a continuum of learning and content expertise in developmentally appropriate or age-appropriate educational practices, and networking opportunities to support the residents through not less than the residents’ first 2 years of serving as principal or other school leader of a school.

“(B) SELECTION OF INDIVIDUALS AS PRINCIPAL OR OTHER SCHOOL LEADER RESIDENTS.—

“(i) ELIGIBLE INDIVIDUAL.—In order to be eligible to be a principal or other school leader resident in a principal or other school leader residency program under this paragraph, an individual shall—

“(I) have prior prekindergarten through grade 12 teaching experience;

“(II) have experience as an effective leader, manager, and written and oral communicator; and

“(III) submit an application to the residency program.

“(ii) SELECTION CRITERIA.—An eligible partnership carrying out a principal or other school leader residency program under this subsection shall establish criteria for the selection of eligible individuals to participate in the principal residency program based on the following characteristics:

“(I) Strong instructional leadership skills in an elementary school or secondary school setting.

“(II) Strong verbal and written communication skills, which may be demonstrated by performance on appropriate assessments.

“(III) Other attributes linked to effective leadership, such as sound judgment, organizational capacity, collaboration, commitment to equity and inclusiveness, and openness to continuous learning, which may be determined by interviews or performance assessment, as specified by the eligible partnership.

“(4) STIPENDS OR SALARIES; APPLICATIONS; AGREEMENTS; AND REPAYMENTS.—

“(A) STIPENDS OR SALARIES.—A teaching residency program, or a principal or other school leader residency program, under this subsection—

“(i) shall provide a 1-year living stipend or salary to residents during the teaching residency program or the principal or other school leader residency program; and

“(ii) may provide a stipend to a mentor teacher or mentor principal.

“(B) APPLICATIONS.—

“(i) IN GENERAL.—Each residency candidate desiring a stipend or salary during the period of residency shall submit an application to the eligible partnership at such time, in such manner, and containing such information and assurances, as the eligible partnership may require, and which shall include an agreement to serve described in clause (ii).

“(ii) AGREEMENTS TO SERVE.—Each application submitted under clause (i) shall contain or be accompanied by an agreement that the applicant will—

“(I) upon successfully completing the 1-year teaching residency program, or principal or other school leader residency program, serve as a full-time teacher, principal, or other school leader for a total of not less than 3 school years at—

“(aa) a high-need school served by the high-need local educational agency in the eligible partnership and, in the case of a teacher, teach a subject or area that is designated as high-need by the partnership; or

“(bb) in a case in which no appropriate position is available in a high-need school served by the high-need local educational agency in the eligible partnership, any other high-need school;

“(II) provide to the eligible partnership a certificate, from the chief administrative officer of the local educational agency in which the teacher or principal or other school leader is employed, of the employment required under subclause (I) at the beginning of, and upon completion of, each year or partial year of service;

“(III) in the case of a teacher resident, meet the requirements to be a profession-ready teacher;

“(IV) in the case of a principal or other school leader resident, meet the requirements to be a profession-ready principal or other school leader; and

“(V) comply with the requirements set by the eligible partnership under subparagraph (C) if the applicant is unable or unwilling to complete the service obligation required by this subparagraph.

“(C) REPAYMENTS.—

“(i) IN GENERAL.—An eligible partnership carrying out a teaching residency program, or a principal or other school leader residency program, under this subsection shall require a recipient of a stipend or salary under subparagraph (A) who does not complete, or who notifies the partnership that the recipient intends not to complete, the service obligation required by subparagraph (B) to repay such stipend or salary to the eligible partnership, together with interest, at a rate specified by the partnership in the agreement, and in accordance with such other terms and conditions specified by the eligible partnership, as necessary.

“(ii) OTHER TERMS AND CONDITIONS.—Any other terms and conditions specified by the eligible partnership may include reasonable provisions for prorate repayment of the stipend or salary described in subparagraph (A) or for deferral of a resident’s service obligation required by subparagraph (B), on grounds of health, incapacitation, inability to secure employment in a school served by the eligible partnership, being called to active duty in the Armed Forces of the United States, or other extraordinary circumstances.

“(iii) USE OF REPAYMENTS.—An eligible partnership shall use any repayment received under this subparagraph to carry out additional activities that are consistent with the purposes of this section.”;

(5) by striking subsection (f);

(6) by redesignating subsections (g) through (k) as subsections (h) through (l), respectively; and

(7) by inserting after subsection (e) the following:

“(f) Teacher leader development program.—

“(1) IN GENERAL.—A teacher leader development program carried out with a grant awarded under this section shall provide for the professional development of teachers, as described in paragraph (2), who maintain their roles as classroom teachers and who also carry out formalized leadership responsibilities to increase the academic achievement of students and promote data-driven instructional practices that address the demonstrated needs at the elementary schools and secondary schools in which the teachers are employed, such as—

“(A) development of curriculum and curricular resources;

“(B) facilitating the work of committees and teams;

“(C) family and community engagement;

“(D) school discipline and culture;

“(E) peer observations and coaching;

“(F) dual enrollment instruction; or

“(G) cultural competencies.

“(2) PROFESSIONAL DEVELOPMENT.—The professional development of teachers in a teacher leader development program carried out with a grant awarded under this section shall include—

“(A) one year of professional development, training, and support that may—

“(i) include—

“(I) the engagement of teachers in rigorous coursework and fieldwork relevant to their role as a teacher leader, including available teacher leader standards; and

“(II) regular observations and professional support from—

“(aa) a principal, vice principal, or a designated instructional leader of the school;

“(bb) a representative from the institution of higher education that is a partner in the eligible partnership;

“(cc) a representative from another entity that is a partner in the eligible partnership; and

“(dd) another member of the teacher leader cohort, if applicable, or a peer teacher; and

“(ii) result in the awarding of a credential in teacher leadership; and

“(B) one or 2 additional years of support from a principal, vice principal, or a designated instructional leader of the school, a representative from the institution of higher education that is a partner in the eligible partnership, and a representative from another entity that is a partner in the eligible partnership.

“(3) TEACHER LEADER DEVELOPMENT PROGRAM PLAN.—In carrying out a teacher leader development program under this section, an eligible partnership shall develop a plan that shall describe—

“(A) how the work hours of teacher leaders will be allocated between their classroom responsibilities and responsibilities as a teacher leader, which shall include a description of whether the teacher leader will be relieved from teaching duties during their participation in the teacher leader development program;

“(B) how the partnership will support teacher leaders after the first year of professional development in the program; and

“(C) how teacher leader activities could be sustained by the eligible partnership after the program concludes, which may include a description of opportunities for the teacher leaders to assist in the educator preparation program at the institution of higher education in the partnership.

“(4) SELECTION OF TEACHER LEADERS; USE OF FUNDS.—In carrying out a teacher leader development program under this section, an eligible partnership—

“(A) shall select a teacher for participation in the program—

“(i) who—

“(I) is fully certified to teach in the State of the high-need local educational agency that is a partner in the eligible partnership;

“(II) is employed by such high-need local educational agency;

“(III) has not less than 3 years of teaching experience; and

“(IV) submits an application for participation to the eligible partnership; and

“(ii) based on selection criteria that includes—

“(I) demonstration of strong content knowledge or a record of accomplishment in the field or subject area the teacher will support as a teacher leader; and

“(II) demonstration of attributes linked to effective teaching that are determined through interviews, observations, other exhibits, student achievement, or performance assessments, such as those leading to an advanced credential;

“(B) may develop admissions goals and priorities for the teacher leader development program that—

“(i) are aligned with the demonstrated needs of the school or high-need local educational agency in which the teacher is employed;

“(ii) considers cultural competencies that would make the applicant effective in the applicant’s teacher leader role; and

“(iii) considers whether the teacher has substantial teaching experience in the school in which the teacher is employed or in a school that is similar to the school in which the teacher is employed;

“(C) shall use the grant funds to pay for costs of training and supporting teacher leaders for not less than 2 years and not more than 3 years;

“(D) may use the grant funds to pay for a portion of a stipend for teacher leaders if such grant funds are matched by additional non-Federal public or private funds as follows:

“(i) during each of the first and second years of the grant period, grant funds may pay not more than 50 percent of such stipend; and

“(ii) during the third year of the grant period, grant funds may pay not more than 33 percent of such stipend; and

“(E) may require teacher leaders to pay back the cost of attaining the credential described in paragraph (2)(A)(ii) if they do not complete their term of service in the teacher leader development program.

“(g) Partnership grants for the establishment of Grow Your Own programs.—

“(1) IN GENERAL.—An eligible partnership that receives a grant under this section may use such grant to carry out a high-quality ‘Grow Your Own’ program to address subject or geographic areas of teacher or school leader shortages or to increase the diversity of the teacher or school leader workforce.

“(2) ELEMENTS OF A GROW YOUR OWN PROGRAM.—A Grow Your Own program carried out under this section shall—

“(A) integrate career-focused courses on education topics with school-based learning experience;

“(B) provide opportunities for candidates to practice and develop the skills and dispositions that will help them become skilled educators and leaders;

“(C) support candidates as they complete their associate, baccalaureate, or master’s degree and earn their teaching or school leadership credential; and

“(D) offer financial aid, in addition to financial assistance that may be received under title IV, to candidates and work in partnership with members of the eligible partnership to provide academic, counseling, and programmatic supports.

“(2) ESTABLISHMENT AND DESIGN.—To create and enhance multiple pathways to enter the educator and leadership workforce, an eligible partnership carrying out a Grow Your Own program under this section, in collaboration with organizations representing educators and leaders and additional stakeholders—

“(A) shall—

“(i) establish an advisory group to review barriers impacting underrepresented populations entering the teaching and school leadership profession, identify local teacher and leader workforce needs, develop policies on the creation or expansion of Grow Your Own programs, and provide guidance and oversight on the implementation of such programs;

“(ii) track and evaluate the effectiveness of the program, including, at a minimum, using the data required under section 204(a)(1);

“(iii) require candidates to complete all State requirements to become fully certified;

“(iv) provide academic and testing supports, including advising and financial assistance, to candidates for admission and completion of education preparation programs as well as State licensure assessments;

“(v) include efforts, to the extent feasible, to recruit current paraprofessionals, as defined under section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), instructional assistants, district employees not certified to teach or lead (such as long-term substitute teachers), after school and summer program staff, parent school volunteers, retired military personnel, and other career changers with experience in hard to staff areas who are not currently certified to teach or lead with a specific focus on recruiting individuals who are reflective of the race, ethnicity, and native language of the existing community’s student population; and

“(vi) provide a year-long clinical experience or teaching or school leadership residency in which candidates teach or lead alongside an expert mentor teacher or school leader; and

“(B) may include—

“(i) a stipend to cover candidate living expenses or childcare costs; and

“(ii) compensation for mentors.”.

SEC. 2004. Administrative provisions.

Section 203 of the Higher Education Act of 1965 (20 U.S.C. 1022b) is amended—

(1) in subsection (a)(2), by striking “five-year period.” and inserting “five-year period, except such partnership may receive an additional grant during such period if such grant is used to establish a teaching residency program, or a principal or other school leader residency program, if such residency program was not established with the prior grant.”; and

(2) in subsection (b)(2)—

(A) in subparagraph (A)—

(i) by striking “teacher preparation program” and inserting “teacher education, school leader preparation, or educator development program”;

(ii) by inserting “and demonstrated success in having a diverse set of candidates complete the program, and entering and remaining in the profession” after “such program”; and

(iii) by striking “; and” at the end and inserting a semicolon;

(B) by redesignating subparagraph (B) as subparagraph (C); and

(C) by inserting after subparagraph (A) the following:

“(B) provide a 1–year preservice clinical or residency experience that includes the integration of coursework and clinical practice and offers cohorts of candidates the opportunity to learn to teach or lead in partner schools or teaching academies; and”.

SEC. 2005. Accountability and evaluation.

Section 204(a) of the Higher Education Act of 1965 (20 U.S.C. 1022c(a)) is amended to read as follows:

“(a) Eligible partnership evaluation.—Each eligible partnership submitting an application for a grant under this part shall establish, and include in such application, an evaluation plan that includes rigorous, comprehensive, and measurable performance objectives. The plan shall include objectives and measures for—

“(1) achievement for all prospective and new educators as measured by the eligible partnership;

“(2) after the completion of the partnership program, educator retention at the end of year 3 and year 5;

“(3) pass rates and scaled scores for initial State certification or licensure of teachers or pass rates and average scores on valid and reliable teacher performance assessments; and

“(4) (A) the percentage of profession-ready teachers, principals or other school leaders hired by the high-need local educational agency participating in the eligible partnership;

“(B) the percentage of profession-ready teachers, principals, and other educators hired by the high-need local educational agency who are members of underrepresented groups;

“(C) the percentage of profession-ready teachers hired by the high-need local educational agency who teach high-need academic subject areas, such as reading, science, technology, engineering, mathematics, computer science, and foreign language (including less commonly taught languages and critical foreign languages), or any other well-rounded education subject (as defined in section 8101 of the Elementary and Secondary Act of 1965 (20 U.S.C. 7801));

“(D) the percentage of profession-ready teachers hired by the high-need local educational agency who teach in high-need areas, including special education, bilingual education, language instruction educational programs for English language learners, and early childhood education;

“(E) the percentage of profession-ready teachers, principals or other school leaders, and other educators hired by the high-need local educational agency who teach in high-need schools, disaggregated by the elementary school and secondary school levels;

“(F) as applicable, the percentage of early childhood education program classes in the geographic area served by the eligible partnership taught by early childhood educators who are highly competent as a result of participation in the partnership program;

“(G) as applicable, the percentage of educators who have completed the partnership program able to—

“(i) integrate technology effectively into curricula and instruction, including technology consistent with the principles of universal design for learning; and

“(ii) use technology effectively to collect, manage, and analyze data to improve teaching and learning for the purpose of improving student learning outcomes; and

“(H) as applicable, the percentage of educators who have completed the partnership program taking school leadership positions who, after 3 years in the role, receive ratings of effective or above in State school leader evaluation and support systems (as described in section 2014(c)(4)(B)(ii) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other comparable indicators of performance.”.

SEC. 2006. Accountability for programs that prepare teachers, principals, or other school leaders.

Section 205 of the Higher Education Act of 1965 (20 U.S.C. 1022d) is amended—

(1) in subsection (a)—

(A) by striking the subsection header and inserting the following: “Institutional and Program Report Cards on the Quality of Teacher and School Leader Preparation”; and

(B) by striking paragraph (1) and inserting the following:

“(1) REPORT CARD.—Each teacher preparation or school leader preparation entity approved to operate teacher preparation or school leader preparation programs in the State and that receives or enrolls students receiving Federal assistance shall report annually to the State and the general public, in a uniform and comprehensive manner that conforms with the definitions and methods established by the Secretary, the following:

“(A) PASS RATES AND SCALED SCORES.—For the most recent year for which the information is available for each teacher or school leader preparation program offered by the teacher preparation or school leader preparation entity the following:

“(i) Except as provided in clause (ii), for those students who took the assessments used for teacher or school leader certification or licensure by the State in which the entity is located and are enrolled in the teacher or school leader preparation program, and for those who have taken such assessments and have completed the teacher or school preparation program during the 2-year period preceding such year, for each of such assessments—

“(I) the percentages of students enrolled in the preparation program, and those who have completed such program, who passed such assessment;

“(II) the percentage of students who have taken such assessment who enrolled in and completed the teacher or school leader preparation program; and

“(III) the average scaled score for all students who took such assessment.

“(ii) In the case of an entity that requires a valid and reliable teacher performance assessment in order to complete the preparation program, the entity may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment.

“(B) ENTITY INFORMATION.—A description of the following:

“(i) The median grade point average and range of grade point averages for admitted students.

“(ii) The number of students in the entity, disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(iii) The number of hours and types of supervised clinical preparation required for each program.

“(iv) The total number and percentage of students who have completed programs for certification or licensure disaggregated by subject area and by race, ethnicity, gender, income status, and language diversity (graduates who have bilingual or dual language immersion endorsements), except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(v) The percentage and total number of program completers who have been certified or licensed as teachers or school leaders (disaggregated by subject area of certification or licensure and by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).

“(vi) The 3- and 5-year teacher or school leader retention rates, including, at a minimum, in the same school and local educational agency, and within the profession (disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the number of students in a category is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual student).

“(C) ACCREDITATION.—Whether the program or entity is accredited by a specialized accrediting agency recognized by the Secretary for accreditation of professional teacher or school leader education programs.

“(D) DESIGNATION AS LOW-PERFORMING.—Which programs (if any) offered by the entity have been designated as low-performing by the State under section 207(a).”;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (A)—

(I) by inserting “and school leader” after “teacher”; and

(II) by inserting “, including teacher performance assessments” after “the State”;

(ii) by amending subparagraph (D) to read as follows:

“(D) (i) Except as provided in clause (ii), for each of the assessments used by the State for teacher or school leader certification or licensure, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student—

“(I) for each entity located in the State, the percentage of students at each entity who have completed 100 percent of the nonclinical coursework and taken the assessment who pass such assessment;

“(II) the percentage of all such students in all such programs and entities who have taken the assessment who pass such assessment;

“(III) the percentage of students who have taken the assessment and who enrolled in and completed a teacher or school leader preparation program; and

“(IV) the average scaled score of individuals participating in such a program, or who have completed such a program during the 2-year period preceding the first year for which the annual State report card is provided, who took each such assessment.

“(ii) In the case of a State that has implemented a valid and reliable teacher performance assessment, the State may submit in lieu of the information described in clause (i) the pass rate and average score of students taking the teacher performance assessment, disaggregated by subject area, race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.”;

(iii) by striking subparagraphs (G) through (L) and inserting the following:

“(G) For each teacher and school leader preparation program in the State the following:

“(i) The programs’ admission rate, median grade point average, and range of grade point averages for admitted students.

“(ii) The number of students in the program disaggregated by race, ethnicity, and gender, except that such disaggregation shall not be required in a case in which the result would reveal personally identifiable information about an individual student.

“(iii) The number of hours and types of supervised clinical preparation required.

“(iv) Whether such program has been identified as low-performing, as designated by the State under section 207(a).

“(v) For each school leader preparation program in the State, the total number and percentage of program completers placed as principals who are rated as effective or above on the State school leader evaluation and support systems (as described in section 2101(c)(4)(B)(2) of the Elementary and Secondary Education Act of 1965) or, if no such ratings are available, other comparable indicators of performance after three years of leading a school.

“(H) For the State as a whole, and for each teacher preparation entity in the State, the number of teachers prepared, in the aggregate and reported separately by the following:

“(i) Area of certification or licensure.

“(ii) Route of certification (traditional versus alternative).

“(iii) Academic major.

“(iv) Degree type (baccalaureate, post-baccalaureate, and master’s degrees).

“(v) Subject area for which the teacher has been prepared to teach.

“(vi) The relationship of the subject area and grade span of teachers graduated by the teacher preparation entity to identified teacher shortage areas of the State.

“(vii) The percentage of teachers graduated teaching in high-need schools.

“(viii) Placement in a teaching or school leadership position within 6 months of program completion.

“(ix) Rates of 3- and 5-year teacher or school leadership retention including, at a minimum, in the same school and local educational agency, and within the profession.”; and

(B) by adding at the end the following:

“(3) NO REQUIREMENT FOR REPORTING ON STUDENTS NOT WORKING IN THE STATE.—Nothing in this section shall require a State to report data on program completers who do not work as teachers, principals, or school leaders in such State.”; and

(3) in subsection (d)(2), by adding at the end the following:

    “(D) The relationship of the subject area and grade span of teachers graduated by teacher preparation entities across the States to identified teacher shortage areas.

    “(E) The number and percentages of such graduates teaching in high-need schools.”.

SEC. 2007. Teacher development.

Section 206 of the Higher Education Act of 1965 (20 U.S.C. 1022e) is amended by striking “limited English proficient” both places it appears and inserting “English learner”.

SEC. 2008. State functions.

Section 207 of the Higher Education Act of 1965 (20 U.S.C. 1022f) is amended to read as follows:

“SEC. 207. State functions.

“(a) State assessment.—

“(1) IN GENERAL.—In order to receive funds under this Act or under title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.), a State shall conduct an assessment to identify at-risk and low-performing teacher and school leader preparation programs in the State and to assist such programs through the provision of technical assistance.

“(2) PROVISION OF LOW-PERFORMING LIST.—Each State described in paragraph (1) shall—

“(A) provide the Secretary and the general public an annual list of low-performing teacher and school leader preparation programs and an identification of those programs at risk of being placed on such list, as applicable;

“(B) report any teacher and school leader preparation program that has been closed and the reasons for such closure; and

“(C) describe the assessment, described in paragraph (1), in the report under section 205(b).

“(3) DETERMINATION OF AT-RISK AND LOW-PERFORMING PROGRAMS.—The levels of performance and the criteria for meeting those levels for purposes of the assessment under paragraph (1) shall be determined by the State in consultation with a representative group of community stakeholders, including, at a minimum, representatives of leaders and faculty of traditional and alternative route teacher and school leader preparation programs, prekindergarten through 12th grade leaders and instructional staff, current teacher and school leader candidates participating in traditional and alternative route teacher or school leader preparation programs, the State’s standards board or other appropriate standards body, and other stakeholders identified by the State. In making such determination, the State shall consider multiple measures and the information reported by teacher preparation entities under section 205.

“(b) Reporting and improvement.—In order to receive funds under this Act or under title II of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.), a State shall—

“(1) report to the Secretary and the general public any programs described in subsection (a);

“(2) establish a period of improvement and redesign (as established by the State) for programs identified as at-risk under subsection (a);

“(3) provide programs identified as at-risk under subsection (a) with technical assistance for a period of not longer than 3 years;

“(4) identify at-risk programs as low-performing if there is not sufficient improvement following the period of technical assistance provided by the State; and

“(5) subject low-performing programs to the provisions described in subsection (c) (as determined by the State) not later than 1 year after the date of such identification as a low-performing program.

“(c) Termination of eligibility.—Any teacher or school leader preparation program that is projected to close—

“(1) shall be ineligible for any funding for professional development activities awarded by the Department;

“(2) may not be permitted to provide new awards under subpart 9 of part A of title IV; and

“(3) shall provide transitional support, including remedial services if necessary, for students enrolled in the program in the year prior to such closure.

“(d) Negotiated rulemaking.—If the Secretary develops any regulations implementing subsection (c)(2), the Secretary shall submit such proposed regulations to a negotiated rulemaking process, which shall include representatives of States, institutions of higher education, and educational and student organizations.

“(e) Application of requirements.—The requirements of this section shall apply to both traditional teacher preparation programs and alternative routes to State certification and licensure programs.”.

SEC. 2009. General provisions.

Section 208(a) of the Higher Education Act of 1965 (20 U.S.C. 1022g(a)) is amended by striking “sections 205 and 206” and inserting “section 205”.

SEC. 2010. Elevation of the education profession study.

Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.) is amended by inserting after section 208 the following:

209. Elevation of the education profession study.

“(a) Purpose.—The purpose of this section is to authorize a feasibility study on the elevation of the education profession by examining State policies related to teacher and school leader education and certification, produce a comprehensive set of expectations that sets a high bar for entry into the profession and ensures that all entering teachers and school leaders are profession-ready, and develop recommendations to Congress on best practices with respect to elevating the education profession that are evidence-based, reliable, and verified by the field.

“(b) Establishment.—

“(1) IN GENERAL.—The Secretary of Education shall establish an Advisory Committee to carry out the elevation of the education profession study described in subsection (c) and make recommendations to Congress on the findings.

“(2) MEMBERSHIP OF THE ADVISORY COMMITTEE.—The Advisory Committee shall include representatives or advocates from the following categories:

“(A) Teacher unions.

“(B) School leader organizations.

“(C) State and local chief executives or their representatives.

“(D) State educational agencies and local educational agencies.

“(E) Teacher and school leader advocacy organizations.

“(F) School administrator organizations.

“(G) Institutions of higher education, including colleges of teacher education.

“(H) Civil rights organizations.

“(I) Organizations representing students with disabilities.

“(J) Organizations representing English learners.

“(K) Nonprofit organizations representing subject-fields, such as STEM Educator organizations, comprehensive literacy Educator organizations, and arts and humanities educator organizations.

“(L) Professional development organizations.

“(M) Educational technology organizations.

“(N) Nonprofit research organizations.

“(O) Organizations representing nontraditional pathways into teacher and school leader education.

“(P) Organizations representing parents.

“(c) Duties of the Advisory Committee.—

“(1) FEASIBILITY STUDY.—The Advisory Committee shall conduct a feasibility study to—

“(A) assess the state of policies and practices related to teacher and school leader education and entry into the profession including barriers to achieving certification and licensure, best practices in producing profession-ready teachers and school leaders, and recruitment and retention of teachers and school leaders in schools;

“(B) compile best practices for educating and training profession-ready teachers and school leaders including evidence-based practices for training teachers and school leaders to support diverse learners, developing teacher and school leaders, and successful pre-service and in-service educational activities;

“(C) review certification and credentialing practices throughout the Nation including minimum standards in each State, differences in types of credentials, and impact of different certification processes in each State for teachers and school leaders who relocate; and

“(D) recommend a comprehensive set of rigorous expectations for States standards to elevate the profession of teaching and to produce profession-ready teachers and school leaders prepared to educate diverse learners in inclusive educational settings.

“(2) REPORTS.—

“(A) Not later than 1 year after the Advisory Committee’s first meeting, the Committee shall submit an interim report to the Secretary and to the authorizing committees detailing the methods of the study and progress in developing the set of comprehensive and rigorous expectations.

“(B) Not later than 3 years after the Advisory Committee’s first meeting, the Committee shall submit a final report to the Secretary and to the authorizing committees detailing the findings, recommendations, and suggested set of comprehensive and rigorous expectations.

“(3) DISSEMINATION OF INFORMATION.—In carrying out the study under paragraph (1), the Secretary shall, after the release of the study, disseminate information found in the study in an accessible format to all stakeholders.

“(4) DATABASE.—Not later than 180 days after the date of the enactment of this subsection, the Secretary shall produce an electronically accessible clearinghouse of State certification procedures and best State practices for producing and retaining profession-ready teachers and school leaders.”.

SEC. 2011. Authorization of appropriations.

Part A of title II of the Higher Education Act of 1965 (20 U.S.C. 1022 et seq.) is amended—

(1) by redesignating section 209 as section 210; and

(2) in section 210, as so redesignated—

(A) by striking “$300,000,000” and inserting “$500,000,000”;

(B) by striking “2009” and inserting “2019”; and

(C) by striking “two succeeding” and inserting “5 succeeding”.

SEC. 2101. Enhancing teacher and school leader education.

Part B of title II of the Higher Education Act of 1965 (20 U.S.C. 1031 et seq.) is amended to read as follows:

“PART BEnhancing Teacher and School Leader Education

“SEC. 230. Authorization of appropriations.

“(a) In general.—There are authorized to be appropriated to carry out this part $100,000,000 for fiscal year 2020 and each of the 5 succeeding fiscal years.

“(b) Distribution of funds.—Subparts 1 through 4 of this part shall each receive a minimum of 20 percent of the amount appropriated for a fiscal year, and the Secretary shall have discretion over the distribution under this part of the remaining amount appropriated for such fiscal year.

“subpart 1Honorable Augustus F. Hawkins Centers of Excellence

“SEC. 231. Findings.

“Congress finds the following:

“(1) Our Nation’s schools are experiencing a severe teacher diversity gap that negatively impacts student achievement and school culture—50 percent of current students are students of color while only 18 percent of teachers are of color, according to a 2016 study by the Brookings Institution.

“(2) A 2016 report conducted by the Department of Education shows that teachers of color tend to provide more culturally relevant teaching and better understand the situations that students of color may face. These factors help in the development of trusting teacher-student relationships. Researchers from Vanderbilt University also found that greater racial and ethnic diversity in the principal corps benefits students, especially students of color.

“(3) Teachers and school leaders of color can also serve as cultural ambassadors who help students feel more welcome at school or as role models.

“(4) Research consistently shows that increasing diversity in the teaching profession can have positive impacts on student educational experiences and outcomes. Students of color demonstrate greater academic achievement and social-emotional development in classes with teachers of color. Studies also suggest that all students, including white students, benefit from having teachers of color offering their distinctive knowledge, experiences, and role modeling to the student body as a whole.

“SEC. 232. Purpose.

“The purpose of this subpart is to strengthen and expand the recruitment, training, and retention of candidates of color into the teaching profession.

“SEC. 233. Eligible institution defined.

“In this subpart, the term ‘eligible institution’ means an institution of higher education that has a teacher or school leader preparation program that is a accredited by the State and that is—

“(1) a part B institution (as defined in section 322);

“(2) a Hispanic-serving institution (as defined in section 502);

“(3) a Tribal college or university (as defined in section 316);

“(4) an Alaska Native-serving institution (as defined in section 317(b));

“(5) a Native Hawaiian-serving institution (as defined in section 317(b));

“(6) a predominantly black institution (as defined in section 318);

“(7) an Asian-American and Native American Pacific Islander-serving institution (as defined in section 320(b));

“(8) a Native American-serving, nontribal institution (as defined in section 319);

“(9) a consortium of any of the institutions described in paragraphs (1) through (8); or

“(10) an institution described in paragraphs (1) through (8), or a consortium described in paragraph (9), in partnership with any other institution of higher education, but only if the center of excellence established under section 234 is located at an institution described in paragraphs (1) through (8).

“SEC. 234. Augustus F. Hawkins Centers of Excellence.

“(a) Program authorized.—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible institutions to establish centers of excellence.

“(b) Use of funds.—An eligible institution shall use a grant received under this subpart to ensure that programs offered at a center of excellence established by such institution prepare current and future teachers or school leaders to be profession-ready, and meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)), by carrying out one or more of the following activities:

“(1) Implementing reforms within teacher or school leader preparation programs to ensure that such programs are preparing teachers or school leaders who meet such applicable State certification and licensure requirements or qualifications, and are using evidence-based instructional practices to improve student academic achievement, by—

“(A) retraining or recruiting faculty; and

“(B) designing (or redesigning) teacher or school leader preparation programs that—

“(i) prepare teachers or school leaders to serve in low-performing schools and close student achievement gaps; and

“(ii) are based on—

“(I) rigorous academic content;

“(II) evidence-based research; and

“(III) challenging State academic standards as described in section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)); and

“(iii) promote effective teaching skills.

“(2) Providing sustained and high-quality preservice clinical experience, which may include through high-quality teacher or leader residency programs, including the mentoring of prospective teachers by exemplary teachers or teacher leaders, substantially increasing interaction between faculty at institutions of higher education and new and experienced teachers, principals, school leaders, and other administrators at elementary schools or secondary schools, and providing support, including preparation time, for such interaction.

“(3) Developing and implementing initiatives to promote retention of teachers who meet such applicable State certification and licensure requirements or qualifications, and principals and other school leaders, including teachers, principals, and other school leaders of color, including programs that provide—

“(A) teacher or principal and other school leader mentoring; and

“(B) induction and support for teachers and principals and other school leaders during their first three years of employment as teachers, principals, or other school leaders, respectively.

“(4) Awarding scholarships based on financial need to help students pay the costs of tuition, room, board, and other expenses of completing a teacher or other school leader preparation program at the Center of Excellence, not to exceed the cost of attendance as defined in section 472.

“(5) Disseminating information on effective practices for teacher or other school leader preparation and successful teacher or other school leader certification and licensure assessment preparation strategies.

“(6) Activities authorized under section 202.

“(c) Application.—Any eligible institution desiring a grant under this subpart shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.

“(d) Limitation on administrative expenses.—An eligible institution that receives a grant under this subpart may use not more than 2 percent of the funds provided to administer the grant.

“(e) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out this subpart.

“subpart 2Preparing Well-Rounded Teachers

“SEC. 241. Well-rounded teaching grants.

“(a) Findings.—Congress finds that—

“(1) students have diverse learning needs and teachers must be prepared to provide a high-quality, equitable education to every child;

“(2) improving the pedagogical competencies, behavior management skills, and cultural competencies of teacher candidates prepares them to effectively teach students from diverse backgrounds and increases the likelihood they will remain in the profession; and

“(3) teachers who hold dual certification and receive training in social and emotional learning competencies and nonexclusionary, positive behavior management practices are better prepared to create a supportive school climate and meet the needs of all students, including English learners, racially diverse students, students with disabilities, low-income students, and students who have experienced trauma.

“(b) Purpose.—The purpose of this subpart is to—

“(1) strengthen and expand teacher preparation programs that embed dual certification for teacher candidates in special education; and

“(2) strengthen and expand teacher preparation programs that embed training on inclusive practices, culturally responsive teaching, social and emotional learning competencies, universal design for learning, and nonexclusionary, positive behavior management practices to teacher candidates.

“(c) Authorization of program.—

“(1) IN GENERAL.—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of general education teacher candidates to ensure that such teacher candidates possess the knowledge, skills, and credentials necessary to effectively instruct students with disabilities in general education classrooms, and an understanding of positive behavior-management practices that reduce the use of exclusionary and aversive disciplinary practices and create a supportive school climate.

“(2) DURATION OF GRANTS.—A grant under this subpart shall be awarded for a period of not more than 5 years.

“(3) NON-FEDERAL SHARE.—An eligible partnership that receives a grant under this subpart shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in-kind.

“(d) Definition of eligible partnership.—In this section, the term ‘eligible partnership’ means a partnership that—

“(1) shall include—

“(A) one or more departments or programs at an institution of higher education—

“(i) that prepare elementary or secondary general education teachers;

“(ii) that have a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification; and

“(iii) the profession-ready graduates of which meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C));

“(B) a department or program that has expertise in special education at an institution of higher education; and

“(C) a high-need local educational agency; and

“(2) may include—

“(A) a department or program of mathematics, earth or physical science, foreign language, or another department at the institution that has a role in preparing teachers; or

“(B) a non-profit, research-based organization.

“(e) Activities.—An eligible partnership that receives a grant under this section—

“(1) shall use the grant funds to—

“(A) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating special education pedagogy into the general education curriculum and academic content that results in applicable dual State certification for teacher candidates who complete the program;

“(B) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by embedding social and emotional learning strategies, inclusive practices, culturally responsive teaching, and nonexclusionary, positive behavior-management practices into the general education curriculum and academic content;

“(C) provide teacher candidates participating in the program under subparagraph (A) with skills related to—

“(i) response to intervention, positive behavioral interventions and supports (including eliminating the use of aversive interventions such as seclusion and restraints), differentiated instruction, and data-driven instruction (including the use of data to identify and address disparities in rates of discipline among student subgroups);

“(ii) universal design for learning;

“(iii) determining and utilizing accommodations for instruction and assessments for students with disabilities;

“(iv) collaborating with stakeholders such as special educators, related services providers, out-of-school time providers, and parents, including participation in individualized education program development and implementation;

“(v) appropriately utilizing technology and assistive technology for students with disabilities; and

“(vi) effectively and equitably using technology for digital and blended learning;

“(D) provide teacher candidates participating in the program under subparagraph (B) with skills related to—

“(i) social and emotional learning competencies;

“(ii) positive behavior interventions and supports or multitiered systems of support;

“(iii) trauma-informed care;

“(iv) evidenced-based restorative justice practices; and

“(v) culturally responsive teaching and anti-bias training that is evidence-based; and

“(E) provide extensive clinical experience for participants described in subparagraphs (A) and (B) with mentoring and induction support throughout the program that continues during the first 2 years of full-time teaching.

“(f) Application.—

“(1) APPLICATION REQUIREMENTS.—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—

“(A) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and needs related to preparing general education teacher candidates to instruct students with disabilities; and

“(B) an assessment of the existing personnel needs for general education teachers who instruct students with disabilities, performed by the high-need local educational agency described in subsection (d)(1)(C).

“(2) PEER REVIEW.—

“(A) IN GENERAL.—The Secretary shall convene a peer review committee to review applications for grants under this subpart and to make recommendations to the Secretary regarding the selection of eligible partnerships for such grants.

“(B) MEMBERSHIP.—Members of the peer review committee shall be recognized experts in the fields of special education, social and emotional learning, teacher preparation, and general education and shall not be in a position to benefit financially from any grants awarded under this section.

“(g) Equitable geographic distribution.—In awarding grants under this subpart, the Secretary shall, to the maximum extent possible, provide for an equitable geographic distribution of such grants.

“(h) Evaluations.—

“(1) BY THE PARTNERSHIP.—

“(A) IN GENERAL.—An eligible partnership receiving a grant under this subpart shall conduct an evaluation at the end of the grant period to determine—

“(i) the effectiveness of the general education teachers who completed a program under subsection (c)(1) with respect to instruction of students with disabilities in general education classrooms; and

“(ii) the systemic impact of the activities carried out by such grant on how each institution of higher education that is a member of the partnership prepares teachers for instruction in elementary schools and secondary schools.

“(B) REPORT TO THE SECRETARY.—Each eligible partnership performing an evaluation under subparagraph (A) shall report the findings of such evaluation to the Secretary.

“(2) REPORT BY THE SECRETARY.—Not later than 180 days after the last day of the grant period for which an evaluation was conducted under paragraph (1), the Secretary shall make available to the authorizing committees and the public the findings of the evaluations submitted under paragraph (1), and information on best practices related to effective instruction of students with disabilities in general education classrooms.

“subpart 3Preparing Teachers for English-Learner Instruction

“SEC. 251. Teaching English learners grant.

“(a) Authorization of program.—The Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct English learners.

“(b) Duration of grants.—A grant under this section shall be awarded for a period of not more than 5 years.

“(c) Non-Federal share.—An eligible partnership that receives a grant under this section shall provide not less than 25 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind.

“(d) Eligible partnership.—The term ‘eligible partnership’ means an eligible institution of higher education in partnership with a high-need local educational agency or a high-need early childhood education program.

“(e) Uses of funds.—An eligible partnership that receives a grant under this section shall use the grant to—

“(1) develop or strengthen an undergraduate, postbaccalaureate, or master’s teacher preparation program by integrating strategies for teaching English learners into the education curriculum and academic content;

“(2) provide teacher candidates participating in a program under paragraph (1) with skills related to—

“(A) helping English learners—

“(i) achieve at high levels in prekindergarten programs, and elementary schools and secondary schools so that such English learners can meet the challenging State academic standards adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) by the State of the school attended by the English learners, which all children in the State are expected to meet; and

“(ii) attain English proficiency;

“(B) appropriately identifying and meeting the specific learning needs of children with disabilities who are English learners;

“(C) appropriately using universal design for learning;

“(D) recognizing and addressing the social and emotional needs of English learners; and

“(E) promoting parental, family, and community engagement in educational programs that serve English learners;

“(3) provide authentic clinical learning opportunities for teacher candidates participating in the program involving sustained interactions with teachers and English learners at public prekindergarten programs, or elementary schools or secondary schools, to the extent practicable, or simulated environments at the eligible institution of higher education involved, that foster in-depth, first-hand engagement with tasks required of a teacher providing instruction to English learners; and

“(4) provide teacher candidates with the required coursework to qualify for an English-as-a-second-language certification, endorsement, or initial teaching credential, as recognized by the State of the eligible partnership.

“(f) Application.—An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include—

“(1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and the needs related to preparing teacher candidates to instruct English learners in the manner described in subsection (d)(2); and

“(2) a self-assessment by the eligible partnership of the personnel needs for teachers who instruct English learners at local, public prekindergarten programs, and elementary schools and secondary schools.

“(g) Equitable geographic distribution.—In awarding grants under this section, the Secretary shall, to the maximum extent possible, provide for an equitable geographic distribution of such grants.

“(h) Evaluations.—

“(1) REPORT FROM ELIGIBLE PARTNERSHIPS.—An eligible partnership receiving a grant under this section shall submit to the Secretary the results of an evaluation conducted by the partnership at the end of the grant period to determine—

“(A) the effectiveness of teachers who completed a program under subsection (d)(1) with respect to instruction of English learners; and

“(B) the systemic impact of the activities carried out by such grant on how such partnership prepares teachers to provide instruction in prekindergarten programs, and elementary schools and secondary schools.

“(2) REPORT FROM THE SECRETARY.—Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to the authorizing committees and the public—

“(A) the findings of the evaluations submitted under paragraph (1); and

“(B) information on best practices related to effective instruction of English learners.

“subpart 4Graduate Fellowships To Prepare Faculty in High-Need Areas at Colleges of Education

“SEC. 261. Graduate fellowships to prepare faculty in high-need areas at colleges of education.

“(a) Grants by secretary.—From the amounts provided to carry out this subpart, the Secretary shall award grants, on a competitive basis, to eligible institutions to enable such institutions to make graduate fellowship awards to qualified individuals in accordance with the provisions of this section.

“(b) Eligible institutions.—In this section, the term ‘eligible institution’ means an institution of higher education, or a consortium of such institutions, that offers a program of postbaccalaureate study leading to a doctoral degree.

“(c) Applications.—An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require.

“(d) Types of fellowships supported.—

“(1) IN GENERAL.—An eligible institution that receives a grant under this subpart shall use the grant funds to provide graduate fellowships to individuals who are preparing for the professorate in order to prepare individuals to become elementary school and secondary school science, technology, engineering, and math teachers, special education teachers, and teachers who provide instruction for English-learners, who meet the applicable State certification and licensure requirements, including any requirements for certification obtained through alternative routes to certification, or, with regard to special education teachers, the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(14)(C)).

“(2) TYPES OF STUDY.—A graduate fellowship provided under this section shall support an individual in pursuing postbaccalaureate study, which leads to a doctoral degree and may include a master’s degree as part of such study, related to teacher preparation and pedagogy in one of the following areas:

“(A) Science, technology, engineering, mathematics, and computer science, and their related subfields, if the individual has completed a master’s degree in mathematics, engineering, science, or computer science and is pursuing a doctoral degree in mathematics, science, engineering, or education.

“(B) Special education.

“(C) The instruction of English-learners, including postbaccalaureate study in language instruction educational programs.

“(e) Fellowship terms and conditions.—

“(1) SELECTION OF FELLOWS.—The Secretary shall ensure that an eligible institution that receives a grant under this subpart—

“(A) shall provide graduate fellowship awards to individuals who plan to pursue a career in instruction at an institution of higher education that has a teacher preparation program; and

“(B) may not provide a graduate fellowship to an otherwise eligible individual—

“(i) during periods in which such individual is enrolled at an institution of higher education unless such individual is maintaining satisfactory academic progress in, and devoting full-time study or research to, the pursuit of the degree for which the fellowship support was provided; or

“(ii) if the individual is engaged in gainful employment, other than part-time employment related to teaching, research, or a similar activity determined by the institution to be consistent with and supportive of the individual’s progress toward the degree for which the fellowship support was provided.

“(2) AMOUNT OF FELLOWSHIP AWARDS.—

“(A) IN GENERAL.—An eligible institution that receives a grant under this subpart shall award stipends to individuals who are provided graduate fellowships under this subpart.

“(B) AWARDS BASED ON NEED.—A stipend provided under this subpart shall be in an amount equal to the level of support provided by the National Science Foundation graduate fellowships, except that such stipend shall be adjusted as necessary so as not to exceed the fellowship recipient’s demonstrated need, as determined by the institution of higher education where the fellowship recipient is enrolled.

“(3) SERVICE REQUIREMENT.—

“(A) TEACHING REQUIRED.—Each individual who receives a graduate fellowship under this subpart and earns a doctoral degree shall teach for 1 year at an institution of higher education that has a teacher preparation program for each year of fellowship support received under this section.

“(B) INSTITUTIONAL OBLIGATION.—Each eligible institution that receives a grant under this subpart shall provide an assurance to the Secretary that the institution has inquired of and determined the decision of each individual who has received a graduate fellowship to, within 3 years of receiving a doctoral degree, begin employment at an institution of higher education that has a teacher preparation program, as required by this section.

“(C) AGREEMENT REQUIRED.—Prior to receiving an initial graduate fellowship award, and upon the annual renewal of the graduate fellowship award, an individual selected to receive a graduate fellowship under this section shall sign an agreement with the Secretary agreeing to pursue a career in instruction at an institution of higher education that has a teacher preparation program in accordance with subparagraph (A).

“(D) FAILURE TO COMPLY.—If an individual who receives a graduate fellowship award under this section fails to comply with the agreement signed pursuant to subparagraph (C), the sum of the amounts of any graduate fellowship award received by such recipient shall, upon a determination of such a failure, be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV, and shall be subject to repayment, together with interest thereon accruing from the date of the fellowship award, in accordance with terms and conditions specified by the Secretary in regulations under this subpart.

“(E) MODIFIED SERVICE REQUIREMENT.—The Secretary may waive or modify the service requirement of this paragraph in accordance with regulations promulgated by the Secretary with respect to the criteria to determine the circumstances under which compliance with such service requirement is inequitable or represents a substantial hardship. The Secretary may waive the service requirement if compliance by the fellowship recipient is determined to be inequitable or represent a substantial hardship—

“(i) because the individual is permanently and totally disabled at the time of the waiver request; or

“(ii) based on documentation presented to the Secretary of substantial economic or personal hardship.

“(f) Institutional support for fellows.—An eligible institution that receives a grant under this section may reserve not more than ten percent of the grant amount for academic and career transition support for graduate fellowship recipients and for meeting the institutional obligation described in subsection (e)(3)(B).

“(g) Restriction on use of funds.—An eligible institution that receives a grant under this section may not use grant funds for general operational overhead of the institution.

“subpart 5General provisions

“SEC. 281. Competitive priority.

“In awarding grants under subparts 1 through 4, the Secretary shall award competitive priority to eligible institutions, eligible partnerships, and eligible entities that demonstrate in the application for such a grant a plan to—

“(1) increase the diversity in the educator workforce through—

“(A) recruiting, enrolling, and preparing diverse teacher candidates; and

“(B) efforts that help retain diverse teacher candidates in high-needs schools;

“(2) address the shortage of teachers in high-needs fields including science, technology, engineering, arts, mathematics, or computer science through—

“(A) recruiting, enrolling, and preparing teacher candidates to achieve certification, as required by the State, to offer instruction in high-needs fields, including science, technology, engineering, music, arts, mathematics, or computer science; and

“(B) efforts that help retain teachers of high-needs fields in high-needs schools;

“(3) expand the pipeline of school leaders through preparing teacher leaders, which may be achieved by efforts that may include—

“(A) embedding pedagogical coursework for teacher candidates that fosters—

“(i) leadership and advocacy skills;

“(ii) knowledge of school management and finance;

“(iii) school operations and business skills;

“(iv) effective use and management of educational and accessible technology;

“(v) strategies for community and family engagement; and

“(vi) mentorship and coaching strategies; and

“(B) providing opportunities for teacher candidates to receive—

“(i) exposure to and modeling from teacher leaders and school leaders; and

“(ii) ongoing support and continuation of professional development on teacher or other school leadership once exiting the teacher or other school leader preparation program; and

“(4) recruit candidates with significant cultural and community competency related to the demographics of the student body in which the candidate will receive a placement, as measured by standards, specified in the plan, which may include—

“(A) a candidate’s prior record of community service with school-aged children in the community;

“(B) nominations from members of the community; and

“(C) a candidate’s involvement in relevant community organizations.”.

SEC. 3001. Strengthening institutions.

Section 311(c) of the Higher Education Act of 1965 (20 U.S.C. 1057(c)) is amended—

(1) by striking paragraph (6) and inserting the following:

“(6) Tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move the students rapidly into core courses and through program completion.”;

(2) in paragraph (8), by striking “acquisition of equipment for use in strengthening funds management” and inserting “acquisition of technology, services, and equipment for use in strengthening funds and administrative management”;

(3) in paragraph (12), by striking “Creating” and all that follows through “technologies,” and inserting “Innovative learning models and creating or improving facilities for Internet or other innovative technologies,”;

(4) by redesignating paragraph (13) as paragraph (17); and

(5) by inserting after paragraph (12) the following:

“(13) Establishing community outreach programs that will encourage elementary school and secondary school students to develop the academic skills and the interest to pursue postsecondary education.

“(14) The development, coordination, implementation, or improvement of postsecondary career and technical education programs as defined in section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355).

“(15) Alignment and integration of career and technical education programs with programs of study, as defined in section 3(41) of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302(41)), leading to a bachelor’s degree, graduate degree, or professional degree.

“(16) Developing or expanding access to dual or concurrent enrollment programs and early college high school programs.”.

SEC. 3002. Strengthening institutions.

(a) Program purpose.—Section 311(d) of the Higher Education Act of 1965 (20 U.S.C. 1057(d)) is amended—

(1) in paragraph (2)—

(A) by striking “non-Federal sources” and inserting “non-Federal sources (which may include gifts to the endowment fund restricted for a specific purpose)”; and

(B) by striking “or greater than” and inserting “50 percent of”; and

(2) by inserting after paragraph (3) the following:

“(4) SCHOLARSHIP.—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”.

(b) Tribally controlled colleges and universities.—Section 316(c) of the Higher Education Act of 1965 (20 U.S.C. 1059c(c)) is amended—

(1) in paragraph (2)—

(A) in subparagraph (D), by striking “Indians” and all that follows through “policy” and inserting “American Indians and Alaska Natives are underrepresented, instruction in Native American language, and instruction to support tribal governance, tribal public policy, and tribal history and sovereignty” and

(B) in subparagraph (L) by striking “outreach” and all that follows through “education” and inserting “outreach and recruitment activities and programs that encourage American Indian and Alaska Native elementary school students, secondary school students, and adults to develop the academic skills and the interest to pursue and succeed in postsecondary education”; and

(2) in paragraph (3)—

(A) in subparagraph (B)—

(i) by striking “matching funds” and inserting “matching funds (which may include gifts to the endowment fund restricted for a specific purpose)”; and

(ii) by striking “equal to the Federal funds” and inserting “equal to 50 percent of the Federal funds”; and

(B) by inserting after subparagraph (C) the following:

“(D) SCHOLARSHIPS.—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”.

(c) Elimination of pre-approval requirement; use of unexpended funds.—Section 316(d) of the Higher Education Act of 1965 (20 U.S.C. 1059c(d)) is amended—

(1) by striking paragraph (1);

(2) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively; and

(3) in paragraph (2), as so redesignated, by adding at the end the following:

“(C) USE OF UNEXPENDED FUNDS.—Any funds paid to an institution and not expended or used for the purposes for which the funds were paid during the 5-year period following the date of the initial grant award, may be carried over and expended during the succeeding 5-year period, if such funds were obligated for a purpose for which the funds were paid during the 5-year period following the date of the initial grant award.”.

(d) Promoting the Sustainability of Native American Languages.—Part A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is further amended by inserting after section 316 (20 U.S.C. 1059c) the following:

“SEC. 316A. Native American language vitalization and training program.

“(a) Establishment.—

“(1) IN GENERAL.—From the amount appropriated under subsection (d), the Secretary shall establish the Native American Language Vitalization and Training Program under which the Secretary shall award grants, on a competitive basis, to eligible institutions to promote the preservation, revitalization, relevancy, and use of Native American languages.

“(2) TERM.—The term of a grant under this section shall be not more than 5 years.

“(3) APPLICATION.—

“(A) STREAMLINED PROCESS.—In carrying out the program under this section, the Secretary shall establish application requirements in such a manner as to simplify and streamline the process for the grant application under this section.

“(B) IN GENERAL.—To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and in accordance with any other application requirements described in subparagraph (A), that the Secretary may prescribe, and including the following:

“(i) A description of the 5-year program of the eligible institution for meeting the needs of American Indians, Alaska Natives, Native Hawaiians, or Native American Pacific Islanders, as appropriate, in the area served by the institution, and how such plan is consistent with the purposes described in paragraph (1).

“(ii) (I) An identification of the population to be served by the eligible institution; and

“(II) an identification of the status of Native American language understanding and use within that population and a description of the manner in which the program will help preserve and revitalize the relevant Native American language.

“(iii) A description of the services to be provided under the program, including the manner in which the services will be integrated with other appropriate language programs available in the relevant community.

“(iv) A description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution in carrying out the program.

“(b) Use of funds.—An eligible institution may use a grant under this section to carry out activities consistent with the purposes described in subsection (a)(1), including—

“(1) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in early childhood education programs through grade 12;

“(2) professional development for faculty at the eligible institution and in-service training programs for early childhood education programs through grade 12 instructors and administrators; and

“(3) innovative Native American language programs for students in early childhood education programs through grade 12, including language immersion programs.

“(c) Applicability of other provisions.—

“(1) CONCURRENT FUNDING.—

“(A) TRIBAL COLLEGE OR UNIVERSITY.—An eligible institution that is a Tribal College or University may, concurrently, receive a grant under this section and funds under section 316.

“(B) ALASKA NATIVE-SERVING INSTITUTION OR NATIVE HAWAIIAN-SERVING INSTITUTION.—An eligible institution that is an Alaska Native-serving institution or Native Hawaiian-serving institution may, concurrently, receive a grant under this section and funds under section 317.

“(C) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC ISLANDER-SERVING INSTITUTION.—An eligible institution that is an Asian American and Native American Pacific Islander-serving institution may, concurrently, receive a grant under this section and funds under section 320.

“(2) EXEMPTION.—Sections 312(b) and 313(d) shall not apply to an eligible institution that receives a grant under this section.

“(d) Authorization of appropriations.—There are authorized to be appropriated to carry out this section $20,000,000 (of which $15,000,000 shall be available for Tribal Colleges or Universities and $5,000,000 shall be available for the institutions described in subparagraphs (B) through (D) of subsection (e)(1)) for fiscal year 2021 and each of the 5 succeeding fiscal years.

“(e) Definitions.—In this section:

“(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means—

“(A) a Tribal College or University, as defined in section 316;

“(B) an Alaska Native-serving institution, as defined in section 317;

“(C) a Native Hawaiian-serving institution, as defined in section 317; or

“(D) an Asian American and Native American Pacific Islander-serving institution, as defined in section 320, which is located in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.

“(2) NATIVE AMERICAN.—The term ‘Native American’ has the meaning given the term in section 371(c)(6).”.

(e) Predominantly black institutions.—Section 318(d)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059e(d)(3)) is amended—

(1) in subparagraph (B)—

(A) by striking “non-Federal sources” and inserting “non-Federal sources (which may include gifts to the endowment fund restricted for a specific purpose)”; and

(B) by striking “equal to or greater than the Federal funds” and inserting “equal to 50 percent of the Federal funds”; and

(2) by inserting after subparagraph (C) the following:

“(D) SCHOLARSHIPS.—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”.

(f) Technical correction to section 317.— Section 317(d)(3)(A) of the Higher Education Act of 1965 (20 U.S.C.1059d(d)(3)(A) is amended to read as follows:

“(A) ELIGIBILITY.—No Alaskan Native-serving institution of Native Hawaiian-serving institution that receives funds under this section shall concurrently receive funds under other provisions of this part, part B, or part A of title V.”.

(g) Technical correction to section 318.—Section 318(i) of the Higher Education Act of 1965 (20 U.S.C. 1059e) is amended—

(1) in the subsection heading, by striking “Special Rule on Eligibility” and inserting “Special Rules” ;

(2) by striking “No Predominantly” and inserting the following:

“(1) ELIGIBILITY.—No Predominantly”; and

(3) by adding at the end the following:

“(2) EXEMPTION.—Section 313(d) shall not apply to institutions that are eligible to receive funds under this section.”.

(h) Technical correction to section 320.—Section 320(d)(3)(A) of the Higher Education Act of 1965 (20 U.S.C. 1059g(d)(3)(A)) is amended by inserting “part A of” after “or”.

SEC. 3003. Strengthening Historically Black Colleges and Universities.

(a) Allowable uses of funds.—Section 323(a) of the Higher Education Act of 1965 (20 U.S.C. 1062(a)) is amended—

(1) by striking paragraphs (6) and (7) and inserting the following:

“(6) Tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion.

“(7) Funds and administrative management, and acquisition of technology, services, and equipment for use in strengthening funds and administrative management.”;

(2) in paragraph (10)—

(A) by striking “teacher education” and inserting “traditional or alternative route teacher preparation”; and

(B) by striking “preparation for teacher certification” and inserting “preparation of graduates for teacher certification or licensure”;

(3) by redesignating paragraph (15) as paragraph (19); and

(4) by inserting after paragraph (14) the following:

“(15) Distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services.

“(16) Establishing or improving a program that produces improved results in the educational outcomes of African American males.

“(17) Scholarships, fellowships, and other financial assistance for financially needy undergraduate students, as determined by the institution, to permit the enrollment and degree completion of such students in the physical or natural sciences, engineering, mathematics or other scientific disciplines in which African Americas are underrepresented, except that not more than 30 percent of the grant amount may be used for this purpose.

“(18) Establishing or improving an office of sponsored programs to assist with identifying external funding opportunities, applying for external funding, and administering grant awards.”.

(b) Historically black colleges and universities.—Section 323(b) of the Higher Education Act of 1965 (20 U.S.C. 1062(b)) is amended—

(1) in paragraph (2)—

(A) by striking “non-Federal sources” and inserting “non-Federal sources (which may include gifts to the endowment fund restricted for a specific purpose)”; and

(B) by striking “equal to or greater than the Federal funds” and inserting “equal to 50 percent of the Federal funds”; and

(2) by inserting after paragraph (3) the following:

“(4) SCHOLARSHIPS.—An eligible institution that uses grant funds provided under this section to establish or increase an endowment fund may use the interest proceeds from such endowment to provide scholarships to students for the purposes of attending such institution.”.

(c) Allotments and application process.—

(1) ALLOTMENTS.—Section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063) is amended—

(A) in subsection (c), by striking “5” and inserting “6”;

(B) in subsection (d)(1), by striking subparagraphs (A) and (B) and inserting the following:

“(A) less than $500,000 for a part B institution which has received a grant under this part, the Secretary shall award the part B institution an allotment in the amount of $500,000; and

“(B) less than $250,000 for a part B institution which has not received a grant under this part for a fiscal year prior to fiscal year 2019, the Secretary shall award the part B institution an allotment in the amount of $250,000.”; and

(C) in subsection (h)—

(i) in paragraphs (1)(C) and (2)(C), by striking “within 5 years” each time it appears and inserting “within 6 years”; and

(ii) by adding at the end the following:

“(3) LIMITATION FOR NEW INSTITUTIONS.—Notwithstanding any other provision of this section, no part B institution that would otherwise be eligible for funds under this part shall receive an allotment under this part for a fiscal year, unless—

“(A) such institution received an allotment under this part for fiscal year 2019; or

“(B) the amount appropriated under section 399(a)(2)(A) for such fiscal year is not less than $282,420,000.”.

(2) APPLICATIONS.—Section 325(c) of the Higher Education Act of 1965 (20 U.S.C. 1063a(c)) is amended by inserting “, including goals to enhance student retention, graduation, and postgraduate outcomes,” after “management and academic programs”.

(d) Professional or graduate institutions.—Section 326(c) of the Higher Education Act of 1965 (20 U.S.C. 1063b(c)) is amended—

(1) in paragraph (7)—

(A) by striking “equipment,” and inserting “equipment, technology, and services,”; and

(B) by inserting “and administrative” after “in strengthening funds”;

(2) by redesignating paragraph (12) as paragraph (13); and

(3) by striking paragraph (11) and inserting the following:

“(11) tutoring, counseling, advising, and student service programs designed to improve academic success, including innovative and customized instructional courses (which may include remedial education and English language instruction) designed to help retain students and move students rapidly into core courses and through program completion; and

“(12) distance education programs and creating or improving facilities for internet or other distance learning academic instruction capabilities, including the purchase or rental of telecommunications technology equipment or services; and”.

(e) Eligibility.—Section 326(e)(1) of the Higher Education Act of 1965 (20 U.S.C. 1063b(e)) is amended—

(1) in subparagraph (W), by striking “and” at the end;

(2) in subparagraph (X), by striking the period at the end and inserting “; and”; and

(3) by adding at the end the following:

“(Y) University of the Virgin Islands School of Medicine.”.

(f) Conforming amendment.—Section 326(f) of the Higher Education Act of 1965 (20 U.S.C. 1063b(f)) is amended by striking “through (X)” both places it appears and inserting “through (Y)”.

(g) Interaction with other grant programs.—Section 326(h) of the Higher Education Act of 1965 (20 U.S.C. 1063b(h)) is amended by striking “or 724” and inserting “724, 727, or 729”.

SEC. 3004. Historically Black College and University Capital Financing.

(a) Bond insurance and Capital finance of STEM facilities.—Section 343 of the Higher Education Act of 1965 (20 U.S.C. 1066b) is amended—

(1) in subsection (b)—

(A) in paragraph (1), by striking “an escrow account” and inserting “a bond insurance fund”;

(B) in paragraph (3), by inserting “(except that loans for the purpose of science, technology, engineering, or mathematics related academic facilities shall carry not more than a 1 percent rate of interest)” after “charge such interest on loans”;

(C) in paragraph (8)—

(i) in the matter preceding subparagraph (A), by striking “an escrow account” and inserting “a bond insurance fund”; and

(ii) in subparagraph (A), by striking “the escrow account” and inserting “the bond insurance fund”;

(D) in paragraph (9), by striking “escrow account” each place it appears and inserting “bond insurance fund”; and

(E) in paragraph (12), by striking “, except as otherwise required by the Secretary”; and

(2) in subsection (c), by striking “escrow account” each place it appears and inserting “bond insurance fund”.

(b) Increased aggregate bond limit.—Section 344(a) of the Higher Education Act of 1965 (20 U.S.C. 1066c(a)) is amended—

(1) in the matter preceding paragraph (1), by striking “$1,100,000,000” and inserting “$3,600,000,000”;

(2) in paragraph (1), by striking “$733,333,333” and inserting “two-thirds”; and

(3) in paragraph (2), by striking “$366,666,667” and inserting “one-third”.

(c) Strengthening technical assistance.—Section 345 of the Higher Education Act of 1965 (20 U.S.C. 1066d) is amended—

(1) by striking paragraph (9) and inserting the following:

“(9) may, directly or by grant or contract, provide financial counseling and technical assistance to eligible institutions to prepare the institutions to qualify, apply for, and maintain a capital improvement loan, including a loan under this part; and”; and

(2) by striking paragraph (10) and inserting the following:

“(10) may provide for the modification or deferment of a loan made under this part based on need of the institution, as defined by the Secretary, for a period not to exceed 6 fiscal years, and, during the period of deferment of such a loan, interest on the loan will not accrue or be capitalized.”.

(d) HBCU capital financing advisory board.—Paragraph (2) of Section 347(c) of the Higher Education Act of 1965 (20 U.S.C. 1066f(c)) is amended to read as follows:

“(2) REPORT.—On an annual basis, the Advisory Board shall prepare and submit to the authorizing committees a report on—

“(A) the financial status of the historically Black colleges and universities described in paragraph (1)(A);

“(B) an overview of all loans awarded under the program under this part, including the most recent loans awarded for the fiscal year in which the report is submitted; and

“(C) administrative and legislative recommendations for addressing the issues related to construction financing facing historically Black colleges and universities.”.

SEC. 3005. Strengthening Historically Black Colleges and Universities and other minority-serving institutions.

Section 371(b) of the Higher Education Act of 1965 (20 U.S.C. 1067q(b)) is amended—

(1) in paragraph (1)(A)—

(A) in the first sentence, by striking “appropriated,” and all that follows through “2019” and inserting the following: “appropriated, $300,000,000 for fiscal year 2021 and each succeeding fiscal year”; and

(B) by striking the second sentence; and

(2) in paragraph (2)—

(A) in subparagraph (A)—

(i) in clause (i), by striking “$100,000,000” and inserting “$117,500,000”;

(ii) in clause (ii), by striking “$100,000,000” and inserting “$99,875,000”;

(iii) in clause (ii), by striking “and” at the end;

(iv) in clause (iii)—

(I) by striking “$55,000,000” and inserting “$65,000,000”; and

(II) by striking “(D)” and inserting “(E)”;

(v) by redesignating clause (iii) as clause (iv); and

(vi) by inserting after clause (ii) the following:

“(iii) $17,625,000 shall be available for allocation under subparagraph (D); and”;

(B) by redesignating subparagraph (D) as subparagraph (E) and—

(i) in clause (i), by striking “$30,000,000” each place it appears and inserting “$35,000,000”;

(ii) in clause (ii), by striking “$15,000,000” each place it appears and inserting “$18,000,000”; and

(iii) in clauses (iii) and (iv), by striking “$5,000,000” each place it appears and inserting “$6,000,000”; and

(C) by striking subparagraph (C) and inserting the following:

“(C) ALLOCATION AND ALLOTMENT HBCUS.—The amount made available for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal year shall be available to eligible institutions described in subsection (a)(1) and shall be made available as grants under section 323 and allotted among such institutions under section 324, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out part B of this title, as the amount appropriated to carry out part B of this title for purposes of allotments under section 324, for use by such institutions with a priority for—

“(i) activities described in paragraphs (1), (2), (4), (5), and (10) of section 323(a); and

“(ii) other activities, consistent with the institution's comprehensive plan and designed to increase the institution's capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less-commonly taught languages or international affairs, or nursing or allied health professions.

“(D) ALLOCATION AND ALLOTMENT PBIS.—The amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year shall be available to eligible institutions described in subsection (a)(5) and shall be available for a competitive grant program to award grants of $600,000 annually for programs in any of the following areas:

“(i) science, technology, engineering, or mathematics (STEM);

“(ii) health education;

“(iii) internationalization or globalization;

“(iv) teacher preparation; or

“(v) improving educational outcomes of African American males.”.

SEC. 3006. General provisions.

Section 399(a) of the Higher Education Act of 1965 (20 U.S.C. 1068h(a)) is amended—

(1) by striking “2009” each place it appears and inserting “2021”;

(2) in paragraph (1)—

(A) in subparagraph (A), by striking “$135,000,000” and inserting “$150,000,000”;

(B) in subparagraph (B), by striking “$30,000,000” and inserting “$45,000,000”;

(C) in subparagraph (C), by striking “$15,000,000” and inserting “$25,000,000”;

(D) in subparagraph (D), by striking “$75,000,000” and inserting “$90,000,000”;

(E) in subparagraph (E), by striking “$25,000,000” and inserting “$30,000,000”; and

(F) in subparagraph (F), by striking “$30,000,000” and inserting “$60,000,000”;

(3) in paragraph (2)—

(A) in subparagraph (A), by striking “$375,000,000” and inserting “$400,000,000”; and

(B) in subparagraph (B), by striking “$125,000,000” and inserting “$135,000,000”;

(4) in paragraph (3), by striking “$10,000,000” and inserting “$220,000,000”; and

(5) in paragraph (4)(A), by striking “$185,000” and inserting “$225,000”.

SEC. 4001. Effective date.

Except as otherwise provided in this title or the amendments made by this title, this title and the amendments made by this title shall take effect on July 1, 2021.

SEC. 4011. Amount of grants.

Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended—

(1) in subsection (a)(1)—

(A) by striking “through fiscal year 2017”; and

(B) by inserting “or as a postbaccalaureate in accordance with subsection (c)(1)(B)” after “as an undergraduate”;

(2) in subsection (b)—

(A) in paragraph (2)(A)(ii), by striking “paragraph (7)(B)” and inserting “paragraph (6)(B)”;

(B) by striking paragraph (6), and redesignating paragraph (7) as paragraph (6); and

(C) in paragraph (6)(C) (as so redesignated), by amending clause (iii) to read as follows:

“(iii) SUBSEQUENT AWARD YEARS.—

“(I) AWARD YEARS 2018–2019, 2019–2020 AND 2020–2021.—For each of the award years 2018–2019, 2019–2020, and 2020–2021 the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the amount determined under clause (ii) for award year 2017–2018.

“(II) AWARD YEAR 2021–2022.—For award year 2021–2022, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—

“(aa) $6,195 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by $625; reduced by

“(bb) $5,135 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater, and

“(cc) rounded to the neared $5.

“(III) AWARD YEAR 2022–2023 AND EACH SUBSEQUENT AWARD YEAR.—For award year 2022–2023 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—

“(aa) $6,820 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; reduced by

“(bb) $5,135 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and

“(cc) rounded to the nearest $5.”;

(3) in subsection (f)—

(A) in paragraph (1), by striking the matter preceding subparagraph (A) and inserting the following: “After receiving an application for a Federal Pell Grant under this subpart, the Secretary (including any contractor of the Secretary processing applications for Federal Pell Grants under this subpart) shall, in a timely manner, furnish to the student financial aid administrator at each institution of higher education that a student awarded a Federal Pell Grant under this subpart is attending, the expected family contribution for each such student. Each such student financial administrator shall— ”; and

(B) in paragraph (3), by striking “after academic year 1986–1987”; and

(4) in subsection (j)—

(A) in paragraph (1) by inserting before the period the following: “, or if such institution of higher education is subject to an ineligibility determination under section 435(a)(9) or 493I(b)”; and

(B) in paragraph (2) by inserting “, final adjusted cohort default rate, or on-time repayment rate” before “determination”.

SEC. 4012. Grant eligibility.

Section 401(c) of the Higher Education Act of 1965 (20 U.S.C. 1070a(c)) is amended—

(1) by amending paragraph (1) to read as follows:

“(1) PERIOD OF ELIGIBILITY FOR GRANTS.—The period during which a student may receive Federal Pell Grants shall be the period required for the completion of the first undergraduate baccalaureate course of study being pursued by that student at the institution at which the student is in attendance except that—

“(A) any period during which the student is enrolled in a noncredit or remedial course of study as defined in paragraph (2) shall not be counted for the purpose of this paragraph; and

“(B) the period during which a student may receive Federal Pell Grants shall also include the period required for the completion of the first postbaccalaureate course of study at an eligible institution that meets the definition of institution of higher education in section 101, in a case in which—

“(i) the student received a Federal Pell Grant during the period required for the completion of the student’s first undergraduate baccalaureate course of study for fewer than 14 semesters, or the equivalent of fewer than 14 semesters, as determined under paragraph (5);

“(ii) the student would otherwise be eligible for a Federal Pell Grant, but for the completion of such baccalaureate course of study; and

“(iii) the period during which the student receives Federal Pell Grants does not exceed the student’s duration limits under paragraph (5).”; and

(2) in paragraph (5)—

(A) by striking “(5) The period” and inserting the following: “(5) Maximum period.—

“(A) IN GENERAL.—Except as provided in subparagraph (B), the period”;

(B) by striking “12” each place the term appears and inserting “14”; and

(C) by adding at the end the following:

“(B) EXCEPTION.—

“(i) IN GENERAL.—Any Federal Pell Grant that a student received during a period described in subclause (I) or (II) of clause (ii) shall not count toward the student’s duration limits under this paragraph.

“(ii) APPLICABLE PERIODS.—Clause (i) shall apply with respect to any Federal Pell Grant awarded to a student to attend an institution—

“(I) during a period—

“(aa) for which the student received a loan under this title; and

“(bb) for which the loan described in item (aa) is forgiven under—

“(AA) section 437(c)(1) or 464(g)(1) due to the closing of the institution;

“(BB) section 493H due to the student’s successful assertion of a defense to repayment of the loan; or

“(CC) section 432(a)(6), section 685.215 of title 34, Code of Federal Regulations (or a successor regulation), or any other loan forgiveness provision or regulation under this Act, as a result of a determination by the Secretary or a court that the institution committed fraud or other misconduct; or

“(II) during a period for which the student did not receive a loan under this title but for which, if the student had received such a loan, the student would have qualified for loan forgiveness under subclause (I)(bb).”.

SEC. 4013. Extending Federal Pell Grant eligibility of certain short-term programs.

(a) In general.—Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended by inserting after subsection (j) the following:

“(k) Job training Federal Pell Grant program.—

“(1) IN GENERAL.—For the award year beginning on July 1, 2021, and each subsequent award year, the Secretary shall carry out a program through which the Secretary shall award job training Federal Pell Grants to students in eligible job training programs approved by the Secretary in accordance with paragraph (4).

“(2) TERMS AND CONDITIONS.—Each job training Federal Pell Grant awarded under this subsection shall have the same terms and conditions, and be awarded in the same manner, as a Federal Pell Grant awarded under subsection (a), except as follows:

“(A) A student who is eligible to receive a job training Federal Pell Grant under this subsection is a student who—

“(i) has not yet attained a postbaccalaureate degree; and

“(ii) is enrolled, or accepted for enrollment, in an eligible job training program at an institution of higher education.

“(B) The amount of a job training Federal Pell Grant for an eligible student shall be determined under subsection (b), except that subsection (b)(4) shall not apply.

“(3) TREATMENT OF JOB TRAINING FEDERAL PELL GRANT.—

“(A) INCLUSION IN TOTAL ELIGIBILITY PERIOD.—The period during which a student received a job training Federal Pell Grant under this subsection shall be included in calculating the duration limits with respect to such student under subsection (c)(5) and to the extent that such period was a fraction of a semester or the equivalent, only that same fraction of such semester or equivalent shall count towards such duration limits.

“(B) PREVENTION OF DOUBLE BENEFITS.—No student may for the same payment period receive both a job training Federal Pell Grant under this subsection and a Federal Pell Grant under subsection (a).

“(4) APPROVAL OF ELIGIBLE JOB TRAINING PROGRAMS.—

“(A) ELIGIBLE JOB TRAINING PROGRAM.—An eligible job training program shall be a career and technical education program at an institution of higher education that the Secretary determines meets the following requirements:

“(i) The job training program provides not less than 150, and less than 600, clock hours of instructional time over a period of not less than 8, and less than 15, weeks.

“(ii) The job training program provides training aligned with the requirements of high-skill, high-wage, or in-demand industry sectors or occupations in the State or local area in which the job training program is provided, as determined by an industry or sector partnership in such State or local area.

“(iii) The job training program has been determined by the institution of higher education and by such industry or sector partnership to provide academic content, an amount of instructional time, and a recognized postsecondary credential that are sufficient to—

“(I) meet the hiring requirements of potential employers in the sectors or occupations described in clause (ii); and

“(II) satisfy any applicable educational prerequisite requirement for professional license or certification, so that a student who completes the program and seeks employment is qualified to take any licensure or certification examination needed to practice or find employment in such sectors or occupations.

“(iv) The job training program prepares students to pursue related certificate or degree programs at an institution of higher education, including—

“(I) by ensuring the acceptability of the credits received under the job training program toward meeting such certificate or degree program requirements (such as through an articulation agreement); and

“(II) by ensuring that a student who completes noncredit coursework in the job training program, upon completion of the job training program and enrollment in such a related certificate or degree program, will receive academic credit for such noncredit coursework that will be accepted toward meeting such certificate or degree program requirements.

“(v) The job training program provides to the Secretary the annual earnings expected to be paid in the sectors or occupations for which the program provides training not later than 6 months after completion of such program (in this subsection referred to as the ‘expected earnings’), as such earnings are determined by an industry or sector partnership in the State or local area in which the program is provided, and which shall be—

“(I) greater than the average or median annual earnings paid to individuals with only a high school diploma (or the equivalent) based on the most recently available data from the Bureau of Labor Statistics or the Bureau of the Census with respect to such State or local area, or the Nation as a whole, as selected by such program;

“(II) validated by the Secretary; and

“(III) used to review the job training program under subparagraph (C).

“(vi) The job training program is part of a career pathway, and includes counseling for students to—

“(I) support each such student in achieving the student’s education and career goals; and

“(II) ensure that each such student receives information on—

“(aa) the sectors or occupations described in clause (ii) for which the job training program provides training (including the expected earnings to be paid, and, if available, the mean and median earnings (described in subparagraph (C)(ii)) paid, in such sectors or occupations)); and

“(bb) the related certificate or degree programs described in clause (iv) for which the job training program provides preparation.

“(vii) The job training program meets the requirements under section 104 that are applicable to a program of training to prepare students for gainful employment in a recognized occupation.

“(viii) The job training program does not exceed by more than 50 percent the minimum number of clock hours required by a State to receive a professional license or certification in the State.

“(ix) The job training program is provided by an institution of higher education that—

“(I) is approved by an accrediting agency or association that meets the requirements of section 496(a)(4)(C);

“(II) during the preceding 5 years, has not been subject to any adverse actions or negative actions by the accrediting agency or association of the institution, State or Federal enforcement agencies, or the Secretary;

“(III) is listed on the provider list under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); and

“(IV) has a designated official responsible for engaging with the workforce development system in the State or local area in which the job training program is provided.

“(x) The job training program has a verified completion rate and a verified annual earnings rate that meets the requirements of clauses (i) and (iii) of section 481(b)(2)(A), respectively, and satisfies the criteria described in clause (v) of such section.

“(xi) The State board representing the State in which the job training program is provided certifies to the Secretary that the program meets the requirements of clauses (ii), (viii), and (ix)(III).

“(B) INITIAL APPROVAL BY THE SECRETARY.—Not later than 180 days after the date on which a job training program is submitted for approval under this subparagraph, the Secretary shall make a determination as to whether such job training program is an eligible job training program in accordance with subparagraph (A).

“(C) REVIEW OF APPROVAL.—

“(i) IN GENERAL.—Not later than 3 years after the date an eligible job training program is approved under subparagraph (B), and not less than once every 3 years thereafter, the Secretary shall, using the data collected under paragraph (5) and such other information as the Secretary may require, determine whether such job training program continues to meet the requirements of subparagraph (A).

“(ii) REQUIREMENTS.—Subject to clause (iii), a determination under clause (i) that a job training program continues to meet the requirements of subparagraph (A) shall, at a minimum, require the Secretary to determine that the mean or median earnings (whichever is higher) paid to students not later than 6 months after completing such program is equal to or greater than the expected earnings of the program.

“(iii) EXCEPTION AND APPEALS.—

“(I) EXCEPTION.—The Secretary may extend, by not more than an additional 6 months, the period by when, after completion of the job training program, the mean or median earnings (whichever is higher) paid to students meets the requirements of clause (ii), in a case in which the job training program requesting such extension provides sufficient justification for such extension (as determined by the Secretary).

“(II) APPEALS.—Not later than 60 days after receiving notification from the Secretary of the loss of eligibility resulting from the review under subparagraph (C), a job training program may appeal any loss of eligibility under this subparagraph by demonstrating extenuating circumstances.

“(III) SECRETARIAL REQUIREMENTS.—The Secretary shall issue a decision on any appeal submitted by a job training program under subclause (II) not later than 45 days after its submission.

“(5) DATA COLLECTION.—Using the postsecondary student data system established under section 132(l) or a successor system (whichever includes the most recent data) to streamline reporting requirements and minimize reporting burdens, and in coordination with the National Center for Education Statistics, the Secretary of Labor, and each institution of higher education offering an eligible job training program under this subsection, the Secretary shall, on at least an annual basis, collect data with respect to each such eligible job training program, including the following:

“(A) The number and demographics of students who enroll in the program.

“(B) The number of credits attempted and accumulated annually by students enrolled in the program.

“(C) The share of such students who cease enrollment on or before the completion of 60 percent of the payment period or period of enrollment.

“(D) The verified completion rate and the verified annual earnings rate described in clauses (i) and (iii) of section 481(b)(2)(A), respectively, for the program.

“(E) The number and demographics of—

“(i) students who complete the program; and

“(ii) students who do not complete the program.

“(F) The outcomes of the students who complete the program, including—

“(i) the share of such students who continue enrollment at the institution of higher education offering the program;

“(ii) the share of such students who transfer to another institution of higher education;

“(iii) the share of such students who complete a subsequent certificate or degree program;

“(iv) the share of such students who secure employment 6 months and 1 year, respectively—

“(I) after completion of such program; or

“(II) in the case of a program that prepares students for a professional license or certification exam, after acquiring such license or certification;

“(v) the expected earnings in the sectors or occupations for which the program provides training;

“(vi) the mean and median earnings paid in such sectors or occupations to such students not later than 6 months after completing such program (as described in paragraph (4)(C)(ii)); and

“(vii) in the case of a job training program that prepares students for a professional license or certification exams, the share of such students who pass such exams.

“(6) TITLE OF JOB TRAINING FEDERAL PELL GRANT.—Grants made under this subsection shall be known as ‘job training Federal Pell Grants’.

“(7) DEFINITIONS.—In this subsection:

“(A) ARTICULATION AGREEMENT.—The term ‘articulation agreement’ has the meaning given the term in section 486A.

“(B) CAREER AND TECHNICAL EDUCATION.—The term ‘career and technical education’ has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act (20 U.S.C. 2302).

“(C) INSTITUTION OF HIGHER EDUCATION.—The term ‘institution of higher education’ means an eligible institution for purposes of this subpart that is an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)).

“(D) WIOA DEFINITIONS.—The terms ‘career pathway’, ‘industry or sector partnership’, ‘in-demand industry sector or occupation’, ‘recognized postsecondary credential’, ‘State board’, and ‘workforce development system’ have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).”.

(b) Report.—Not later than 3 years after the date of enactment of this Act, the Secretary of Education shall—

(1) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the impact of eligible job training programs described in subsection (k) of section 401 of the Higher Education Act of 1965 (20 U.S.C. 1079a), as added by this section, based on the most recent data collected under paragraph (5) of such subsection (k); and

(2) make the report described in paragraph (1) available publicly on the website of the Department of Education.

SEC. 4014. Providing Federal Pell Grants for Iraq and Afghanistan veteran’s dependents.

(a) Amendment.—Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) as amended by this subpart, is further amended by inserting after subsection (k) the following:

“(l) Scholarships for veteran’s dependents.—

“(1) DEFINITION OF ELIGIBLE VETERAN’S DEPENDENT.—In this subsection, the term ‘eligible veteran’s dependent’ means a dependent or an independent student—

“(A) whose parent or guardian was a member of the Armed Forces of the United States and died as a result of performing military service in Iraq or Afghanistan after September 11, 2001; and

“(B) who, at the time of the parent or guardian’s death, was—

“(i) less than 24 years of age; or

“(ii) enrolled at an institution of higher education on a part-time or full-time basis.

“(2) GRANTS.—

“(A) IN GENERAL.—The Secretary shall award a Federal Pell Grant, as modified in accordance with the requirements of this subsection, to each eligible veteran’s dependent to assist in paying the eligible veteran’s dependent’s cost of attendance at an institution of higher education.

“(B) DESIGNATION.—Federal Pell Grants made under this subsection may be known as ‘Iraq and Afghanistan Service Grants’.

“(3) PREVENTION OF DOUBLE BENEFITS.—No eligible veteran’s dependent may receive a grant under both this subsection and subsection (a) or (k).

“(4) TERMS AND CONDITIONS.—The Secretary shall award Iraq and Afghanistan Service Grants under this subsection in the same manner and with the same terms and conditions, including the length of the period of eligibility, as the Secretary awards Federal Pell Grants under subsection (a), except that—

“(A) the award rules and determination of need applicable to the calculation of Federal Pell Grants under subsection (a) shall not apply to Iraq and Afghanistan Service Grants;

“(B) the provisions of paragraph (2)(A)(iii) and (3) of subsection (b), and subsection (f), shall not apply;

“(C) the maximum period determined under subsection (c)(5) shall be determined by including all Iraq and Afghanistan Service Grants received by the eligible veteran’s dependent, including such Grants received under subpart 10 before the date of enactment of the College Affordability Act; and

“(D) an Iraq and Afghanistan Service Grant to an eligible veteran’s dependent for any award year shall equal the maximum Federal Pell Grant available under subsection (b)(5) for that award year, except that an Iraq and Afghanistan Service Grant—

“(i) shall not exceed the cost of attendance of the eligible veteran’s dependent for that award year; and

“(ii) shall be adjusted to reflect the attendance by the eligible veteran’s dependent on a less than full-time basis in the same manner as such adjustments are made for a Federal Pell Grant under subsection (a).

“(5) ESTIMATED FINANCIAL ASSISTANCE.—For purposes of determinations of need under part F, an Iraq and Afghanistan Service Grant shall not be treated as estimated financial assistance as described in sections 471(3) and 480(j).”.

(b) Effective date; transition.—

(1) EFFECTIVE DATE.—The amendments made by this section shall take effect with respect to the award year that begins following the date of enactment of this Act, and each succeeding award year.

(2) TRANSITION.—The Secretary shall take such steps as are necessary to transition from the Iraq and Afghanistan Service Grants program under subpart 10 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070h), as in effect on the day before the effective date of this Act, and the Iraq and Afghanistan Service Grants program under section 401(l) of the Higher Education Act of 1965 (20 U.S.C. 1070a(j)), as added by this section.

SEC. 4015. Federal Pell Grant fraud prevention.

Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.), as amended by this subpart, is further amended by inserting after subsection (l) the following:

“(m) Prevention of fraud.—

“(1) REPORT.—Not later than December 31 of each year, the Secretary shall prepare and submit a report to the authorizing committees that includes the following information with respect to unusual enrollment history:

“(A) The number and percentage of total applicants who were flagged for an unusual enrollment history in the preceding award year.

“(B) The number and percentage of institutions that have had fewer than 2 percent of applicants flagged for an unusual enrollment history in the preceding award year.

“(C) The name of each institution that has had more than 2 percent of total applicants flagged for an unusual enrollment history in the preceding award year.

“(D) If the percentage of total applicants in subparagraph (A) is greater than 2 percent, a detailed plan from the Secretary as to how to reduce that percentage below 2 percent by the following award year.

“(2) DEFINITION.—For the purposes of this subsection the term ‘unusual enrollment history’ means, with respect to the application for Federal student aid—

“(A) a pattern in which a student attends an institution long enough to receive a disbursement of credit balance funds authorized by this title, does not complete the enrollment period, enrolls at another institution and repeats this pattern to collect an additional credit balance of funds authorized by this title without earning academic credit; or

“(B) any other enrollment pattern that the Department believes may signal an attempt by a student to receive funds authorized under this title in a fraudulent manner.”.

SEC. 4016. Federal Pell Grants on behalf of incarcerated individuals.

(a) In general.—Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), as amended by this subpart, is further amended by adding at the end the following:

“(n) Federal Pell Grants on behalf of incarcerated individuals.—

“(1) INSTITUTIONAL REQUIREMENTS.—An eligible institution may not award a Federal Pell Grant to an incarcerated individual or on behalf of such individual, unless the institution meets the following:

“(A) The institution is approved to enroll incarcerated individuals by—

“(i) the Secretary in accordance with paragraph (2); and

“(ii) an accrediting agency or association that meets the requirements of section 496(a)(4)(D).

“(B) The institution—

“(i) is an institution of higher education (as defined in section 101) or a postsecondary vocational institution (as defined in section 102(c)); and

“(ii) during the preceding 5 years, has not been subject to the denial, withdrawal, suspension, or termination of accreditation.

“(C) The institution provides each incarcerated individual, upon completion of a course offered by the institution, with academic credits that are the equivalent to credits earned by non-incarcerated students for an equivalent course of study.

“(D) The institution provides to the Secretary confirmation from each facility involved that the course of study offered by the institution at such facility is accessible to incarcerated individuals (including such individuals who are individuals with disabilities).

“(E) The institution does not enroll incarcerated individuals in a course of study offered primarily as a distance education program, except in a case in which the institution provides to the Secretary—

“(i) confirmation that the distance education program offers levels of faculty interaction, peer engagement, and student support sufficient to enable incarcerated individuals to successfully participate in such a program; and

“(ii) evidence of the institution’s success in offering other distance education programs;

“(F) The institution develops and carries out a process to allow each incarcerated individual to access the transcripts and any other educational records of such individual held by the institution, without regard to the facility at which the individual is being held or whether the individual has been released from such a facility.

“(G) The institution develops and carries out a process to allow each incarcerated individual an opportunity to provide feedback on courses that is comparable to the opportunity to provide such feedback that the institution offers to non-incarcerated students.

“(H) The institution does not directly charge an incarcerated individual—

“(i) in the case of such an individual who is an individual with a disability, for any cost of the provision of reasonable accommodations for the individual to participate in a course of study offered by the institution;

“(ii) in the case of such an individual with an expected family contribution for an award year that would not disqualify the individual from receiving a Federal Pell Grant, for any amount of the cost of attendance not covered by the Federal Pell Grant or other Federal assistance received by the institution on behalf of the individual by ensuring that any such amount is offset—

“(I) by a State or institutional grant; or

“(II) other non-Federal financial assistance that does not have to be repaid by such individual; or

“(iii) in the case of such an individual with an expected family contribution for an award year that would disqualify the individual from receiving a Federal Pell Grant, an amount that exceeds such expected family contribution.

“(I) The institution makes available to incarcerated individuals who are considering enrolling in a course of study offered by the institution, in simple and understandable terms, the following:

“(i) Information with respect to each course of study at the institution for which such an individual may receive a Federal Pell Grant, including—

“(I) the cost of attendance;

“(II) the mode of instruction (such as distance education, in-person instruction, or a combination of such modes);

“(III) how enrollment in such course of study will impact the period of eligibility for Federal Pell Grants for such an individual, including in a case in which the individual is transferred to another facility or released before the completion of such course;

“(IV) the transferability of credits earned, and the acceptability of such credits toward a certificate or degree program offered by the institution;

“(V) the process for continuing postsecondary education—

“(aa) upon transfer to another facility; or

“(bb) after the student’s period of incarceration or confinement; and

“(VI) the process for continuing enrollment at the institution after the student’s period of incarceration or confinement, including any barriers to admission (such as criminal history questions on applications for admission to such institution).

“(ii) In the case of an institution that offers a program to prepare incarcerated individuals for gainful employment in a recognized occupation (as such term is defined in section 104)—

“(I) information on any applicable State licensure and certification requirements, including the requirements of the State in which the facility involved is located and each State in which such individuals permanently reside; and

“(II) restrictions related to the employment of formerly incarcerated individuals for each recognized occupation for which the course of study prepares students, including such restrictions—

“(aa) in Federal law; and

“(bb) in the laws of the State in which the facility involved is located and each State in which such individuals permanently reside.

“(J) The institution submits the information described in subparagraph (I) to each facility involved, the Secretary, and the accrediting agency or association described in subparagraph (A)(ii).

“(2) APPROVAL BY THE SECRETARY.—

“(A) INITIAL ELIGIBILITY.—With respect to an institution that seeks to award Federal Pell Grants to incarcerated individuals under this subsection, the Secretary shall make an initial determination about whether such institution meets the requirements of this subsection, which shall include a confirmation that the institution—

“(i) has secured the approval required under paragraph (1)(A)(ii); and

“(ii) meets the requirements of paragraph (1)(B).

“(B) ONGOING ELIGIBILITY.—Not later than 5 years after the Secretary makes an initial determination under subparagraph (A) that an institution meets the requirements of this subsection, and not less than every 5 years thereafter, the Secretary shall determine whether such institution continues to meet the requirements of this subsection, based on—

“(i) a review of the data collected under paragraph (3) with respect to the courses of study offered by such institution in which incarcerated individuals are enrolled, and other applicable information that may be available to the Secretary; and

“(ii) whether such institution meets the requirements of paragraph (1).

“(3) DATA COLLECTION.—The Secretary shall, on at least an annual basis, collect data with respect to each course of study offered by each institution at which incarcerated individuals are enrolled, including—

“(A) the demographics of such individuals;

“(B) the share of such individuals receiving Federal Pell Grants;

“(C) information on the academic outcomes of such individuals (such as credits attempted and earned, and credential and degree completion);

“(D) to the extent practicable, information on post-release outcomes of such individuals (such as continued postsecondary enrollment, employment, and recidivism); and

“(E) any data from student satisfaction surveys conducted by the institution or the facility involved regarding such course of study.

“(4) BEST PRACTICES IN EDUCATING INCARCERATED INDIVIDUALS.—Not later than 3 years after the date of enactment of the College Affordability Act, and at least once every 3 years thereafter, the Secretary shall collect and disseminate to institutions awarding Federal Pell Grants to incarcerated individuals under this subsection, best practices with respect to the postsecondary education of such individuals.

“(5) DEFINITIONS.—In this subsection:

“(A) FACILITY.—The term ‘facility’ means—

“(i) a place used for the confinement of individuals convicted of a criminal offense that is owned by, or under contract to, the Bureau of Prisons, a State, or a unit of local government; or

“(ii) a facility to which an individual subject to involuntary civil confinement is committed.

“(B) FACILITY INVOLVED.—The term ‘facility involved’ means, when used with respect to an institution of higher education, a facility at which a course of study of the institution is offered to incarcerated individuals.

“(C) INCARCERATED INDIVIDUAL.—The term ‘incarcerated individual’ means an individual who is incarcerated in a facility or who is subject to an involuntary civil commitment.

“(D) NON-INCARCERATED STUDENT.—The term ‘non-incarcerated student’ means a student at an institution of higher education who is not an incarcerated individual.”.

(b) Report on impacts of Federal Pell Grants awarded to incarcerated individuals.— Not later than 3 years after the date of enactment of this Act, the Secretary of Education shall submit to the authorizing committees and make publicly available on the website of the Department of Education, a report on the impacts of subsection (n) of section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), as added by this section, based on the most recent data collected under paragraph (3) of such subsection (n).

SEC. 4021. Program authority; authorization of appropriations.

(a) In general.—Section 402A of the Higher Education Act of 1965 (20 U.S.C. 1070a–11) is amended—

(1) in subsection (b)(3), by striking “$200,000” and all that follows through the period at the end and inserting the following: “$220,000, except that for any fiscal year for which such minimum individual grant amount would result in fewer than 2,780 grants awarded under this chapter, an individual grant authorized under this chapter shall be awarded in an amount that would result in not fewer than 2,780 grants awarded under this chapter for such fiscal year.”;

(2) in subsection (c)—

(A) by amending subparagraph (A) of paragraph (2) to read as follows:

“(A) ACCOUNTABILITY FOR OUTCOMES.—In making grants under this chapter, the Secretary shall consider each applicant’s prior success in achieving high-quality service delivery, as determined under subsection (f) under the particular program for which funds are sought. The level of consideration given the factor of prior success in achieving high-quality service delivery shall not vary from the level of consideration given such factor during fiscal years 1994 through 1997, except that grants made under section 402H shall not be given such consideration.”;

(B) in paragraph (6)—

(i) in the heading, by striking “With other programs for disadvantaged students”; and

(ii) by striking the last sentence;

(C) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively;

(D) by inserting after paragraph (6) the following:

“(7) INCLUSION OF HOMELESS AND FOSTER STUDENTS.—The Secretary shall, as appropriate, require each applicant for funds under the programs authorized by this chapter (other than the programs authorized under section 402E or 402G) to identify and conduct outreach to foster care youth and homeless individuals and make available to foster care youth and homeless individuals services under such programs, including mentoring, tutoring, and other services provided by such programs.”;

(E) in paragraph (8), as so redesignated, by striking “8 months” both places it appears and inserting “90 days”; and

(F) in paragraph (9), as so redesignated—

(i) in subparagraph (A)—

(I) by striking “Not later than 180 days after the date of enactment of the Higher Education Opportunity Act,” and inserting “Not less than 90 days before the date on which a competition for a grant under this chapter begins,”;

(II) in clause (iii), by striking “prior experience” and inserting “accountability for outcomes”; and

(III) in clause (v), by striking “prior experience” and inserting “accountability for outcomes”; and

(ii) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B);

(iii) in subparagraph (B), as so redesignated, by adding at the end the following:

“(vii) TECHNICAL COMPONENTS OF APPLICATIONS.—

“(I) TREATMENT OF NONSUBSTANTIVE TECHNICAL COMPONENTS OF APPLICATIONS.—With respect to any competition for a grant under this chapter, the Secretary may not reject grant applications on the sole basis of a failure to meet page limits and formatting standards (including with respect to font size, font style, font type, line spacing, paragraph justification, and page margins).

“(II) TREATMENT OF TECHNICAL BUDGET ERRORS IN APPLICATIONS.—

“(aa) IN GENERAL.—With respect to any competition for a grant under this chapter, the Secretary may not reject grant applications on the sole basis of a typographical or rounding error in a proposed budget until the Secretary has given the applicant an opportunity for correction in accordance with item (bb).

“(bb) NOTICE AND OPPORTUNITY FOR CORRECTION.—The Secretary shall provide notice and identification of an error described in item (aa) to the applicant before awarding grants for each competition and shall allow the applicant to submit a revised application that corrects the identified error.

“(cc) TREATMENT OF REVISED APPLICATIONS.—The Secretary shall treat the revised application in the same manner as a timely submitted application.

“(dd) FAILURE TO CORRECT.—If an applicant has received a notice and opportunity for correction of a typographical or rounding error in a proposed budget in accordance with item (bb) and the applicant fails to correct the error and submit a revised application, the Secretary may reject or penalize that grant application.”;

(3) in subsection (d)(3), by adding at the end the following: “In addition, the Secretary shall host at least one virtual, interactive training to ensure that any interested applicants have access to technical assistance.”;

(4) in subsection (e)—

(A) in paragraph (1)—

(i) by striking “or” at the end of subparagraph (C);

(ii) by striking the period at the end of subparagraph (D) and inserting a semicolon; and

(iii) by adding at the end the following:

“(E) documentation that the student has been determined eligible for a Federal Pell Grant authorized under section 401; or

“(F) for a grant authorized under section 402B or 402F of this chapter, documentation that a student is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first period for which such grant is awarded.”; and

(B) in paragraph (2)—

(i) by striking “or” at the end of subparagraph (C);

(ii) by striking the period at the end of subparagraph (D) and inserting a semicolon; and

(iii) by adding at the end the following:

“(E) documentation that the student has been determined to be eligible for a Federal Pell Grant authorized under section 401; or

“(F) for a grant authorized under section 402B or 402F of this chapter, documentation that a student is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first period for which such grant is awarded.”;

(5) in subsection (f)—

(A) in paragraph (1)—

(i) by striking “prior experience” and inserting “accountability in outcomes” in the heading;

(ii) by striking “on or after January 1, 2009” and inserting “on or after the date of enactment of the College Affordability Act”; and

(iii) by striking “prior experience of” and inserting “success in achieving”;

(B) in paragraph (2), by striking “college students, and” and inserting “college students, foster care youth, homeless individuals, and”; and

(C) in paragraph (3)—

(i) in subparagraph (A)—

(I) in clause (iv), by striking “will make such students eligible for programs such as the Academic Competitiveness Grants Program” and inserting “includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language”;

(II) by redesignating clauses (v) and (vi) as clauses (vi) and (vii), respectively; and

(III) by inserting after clause (iv) the following:

“(v) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admissions applications;”.

(ii) in subparagraph (B)—

(I) by inserting “except in the case of programs that specifically target veterans,” after “under section 402C,”;

(II) in clause (v), by striking “will make such students eligible for programs such as the Academic Competitiveness Grants Program” and inserting “includes at least 4 years of mathematics, 3 years of science, and 2 years of a foreign language”;

(III) by redesignating clauses (vi) and (vii) as clauses (vii) and (viii), respectively; and

(IV) by inserting after clause (v) the following:

“(vi) the completion of financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications;”;

(iii) by redesignating subparagraphs (C), (D), and (E), as subparagraphs (D), (E), and (F), respectively;

(iv) by inserting after subparagraph (B) the following:

“(C) For programs authorized under section 402C that specifically target veterans, the extent to which the eligible entity met or exceeded the entity’s objectives for such program regarding—

“(i) the delivery of service to a total number of students served by the program, as agreed upon by the entity and the Secretary for the period of the program;

“(ii) such students’ academic performance as measured by standardized tests;

“(iii) the retention and completion of participants in the program;

“(iv) the provision of assistance to students served by the program in completing financial aid applications, including the Free Application for Federal Student Aid described in section 483(a) and college admission applications;

“(v) the enrollment of such students in an institution of higher education; and

“(vi) to the extent practicable, the postsecondary completion of such students.”;

(v) in subparagraph (D)(ii), as redesignated in clause (iii)—

(I) in subclause (I), by striking “in which such students were enrolled” and inserting “at any baccalaureate granting institution within 6 years of initial enrollment in the project”; and

(II) in subclause (II), by striking items (aa) and (bb) and inserting the following:

“(aa) the transfer of such students to institutions of higher education that offer baccalaureate degrees, regardless of whether the transferring student completes a degree or certificate; or

“(bb) the completion of a degree or certificate by such students at any accredited institution within 4 years of initial enrollment in the project;”;

(vi) in subparagraph (E), as redesignated—

(I) in clause (iii), by striking “; and” and inserting “within 2 years of receiving the baccalaureate degree;”; and

(II) in clause (iv), by striking “graduate study and the attainment of doctoral degrees by former program participants.” and inserting “graduate study; and

“(v) the attainment of doctoral degrees by former program participants within 10 years of receiving the baccalaureate degree.”; and

(vii) in subparagraph (F), as redesignated—

(I) in clause (i), by inserting “within 2 years of service” before the semicolon; and

(II) in clause (ii), by inserting “or re-enrollment” after “the enrollment”;

(6) in subsection (g)—

(A) by striking “$900,000,000 for fiscal year 2009 and such sums as may be necessary for each of the five succeeding fiscal years.” and inserting “$1,120,000,000 for fiscal year 2021, and each of the 5 succeeding fiscal years. The amount authorized to be appropriated in the preceding sentence for fiscal year 2022 and each of the 4 succeeding fiscal years shall be deemed increased by the annual adjustment percentage. For purposes of this subsection, the term ‘adjustment percentage’ as applied to a fiscal year, means the estimated percentage change in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending before the beginning of that fiscal year.”;

(B) by striking “½ of”;

(C) by striking “, and to provide” and inserting “, to provide”; and

(D) by striking “current grantees.” and all that follows through “additional readers.” and inserting “current grantees, and to carry out the requirements of subsection (c)(9)(A).”;

(7) in subsection (h)—

(A) by striking paragraph (4) and inserting the following:

“(4) HOMELESS INDIVIDUAL.—The term ‘homeless individual’ has the meaning given the term ‘homeless children and youth’ under section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).

“(5) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ means—

“(A) an individual from a family whose taxable income for the preceding year did not exceed 150 percent of the poverty line applicable to the individual’s family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2));

“(B) an individual whose taxable income as reported on the individual’s most recently completed Free Application for Federal Student Aid under section 483(a) did not exceed 150 percent of such poverty line;

“(C) an individual who has been determined to be eligible for a Federal Pell Grant authorized under section 401; or

“(D) for grants authorized under 402B and 402F of this chapter, a student who is attending a school that—

“(i) elects, or for which the local educational agency serving the school elects on behalf of the school, to receive special assistance payment under section 11(a)(1)(F)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)(ii)); or

“(ii) had a percentage of enrolled students who were identified students (defined in clause (i) of section 11(a)(1)(F) of such Act (42 U.S.C. 1759a(a)(1)(F))) that meets or exceeds the threshold described in clause (viii) of such section (42 U.S.C. 1759a(a)(1)(F)) during the school year that ends prior to the first year of the period for which such grant is awarded.”;

(B) by redesignating paragraph (5) as subsection (i) and subparagraphs (A) through (D) as paragraphs (1) through (4); and

(C) by redesignating paragraph (6) as subsection (j); and

(8) in subsection (j), as redesignated, by striking “subparagraph (A), (B), or (C) of paragraph (5)” and inserting “paragraph (1), (2), or (3) of subsection (i)”.

(b) Conforming amendments.—Chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11) is amended—

(1) by striking “homeless children and youths as defined in section 725 of the McKinney-Vento Homeless Assistance Act” each place it appears and inserting “homeless individuals”; and

(2) by striking “homeless children and youths (as such term is defined in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a))” each place it appears and inserting “homeless individuals”.

SEC. 4022. Talent search.

Section 402B of the Higher Education Act of 1965 (20 U.S.C. 1070a–12) is amended—

(1) in subsection (a)—

(A) in paragraph (2), by striking “and” at the end;

(B) by redesignating paragraph (3) as paragraph (4); and

(C) by inserting after paragraph (2) the following:

“(3) to advise such youths regarding the postsecondary education selection process, including consideration of financial aid awards offered, potential Federal loan burden, and likelihood of graduating; and”;

(2) in subsection (b)—

(A) by striking “and” at the end of paragraph (5); and

(B) by striking paragraph (6) and inserting the following:

“(6) education or counseling services to assist students and their families regarding career choice; and

“(7) connections to programs providing financial literacy and economic literacy so that students and their families are able to make informed choices regarding postsecondary education, including considering degree choices and potential Federal loan burdens.”;

(3) in subsection (c)(2), by striking “career” and inserting “academic”; and

(4) in subsection (d)—

(A) in paragraph (3), by striking “and” after the semicolon;

(B) in paragraph (4), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(5) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals, including unaccompanied youth and foster care youth;

“(6) require that such entity submit, as part of the application for the project, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth as part of the project; and

“(7) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth.”.

SEC. 4023. Upward bound.

Section 402C of the Higher Education Act of 1965 (20 U.S.C. 1070a–13) is amended—

(1) in subsection (b), by striking paragraphs (5) and (6) and inserting the following:

“(5) assistance to students and their families regarding career choice;

“(6) education or counseling services designed to improve the financial literacy and economic literacy of students or the students’ parents in order to aid them in making informed decisions about the postsecondary education selection process and assist students and their families in making informed choices regarding the postsecondary education selection process; and

“(7) in the case of such a project that is not specifically designed for veterans, as part of core curriculum, instruction in mathematics through pre-calculus, science, foreign language, language arts, and literature, and in the case of such a project that is specifically designed for veterans, instruction in mathematics through pre-calculus, science, foreign language, and language arts.”;

(2) by striking subsections (c) and (g) and redesignating subsections (d), (e), (f), and (h) as subsections (c), (d), (e), and (f), respectively;

(3) in subsection (c), as so redesignated—

(A) in paragraph (1), by striking “youth” and inserting “participants”;

(B) in paragraph (2)—

(i) by striking “youth participating in the project” and inserting “project participants”; and

(ii) by striking “youth;” and inserting “participants;” and

(C) in paragraph (5), by striking “youth participating in the project” and inserting “participants”; and

(4) in subsection (d), as so redesignated—

(A) in paragraph (4), by striking “and” after the semicolon;

(B) in paragraph (5), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(6) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals, including unaccompanied youth and foster care youth;

“(7) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth regarding the project; and

“(8) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth.”; and

(5) in subsection (e), as so redesignated—

(A) by striking “$60” and inserting “$90”;

(B) by striking “$300” and inserting “$450”;

(C) by striking “$40” and inserting “$60”; and

(D) by adding at the end the following: “Adults participating in a project specifically targeting veterans under this section may be paid stipends not in excess of $100 per month during the year.”.

SEC. 4024. Student support services.

Section 402D of the Higher Education Act of 1965 (20 U.S.C. 1070a–14) is amended—

(1) in subsection (a)—

(A) in paragraph (3), by striking “limited English proficient” and inserting “low-income and first generation college students, including limited English proficient students”; and

(B) in paragraph (4), by striking “, including—” and all that follows through the end of the paragraph and inserting a period;

(2) in subsection (b)—

(A) in paragraph (4), by striking “including financial planning for postsecondary education;” and inserting “including—

“(A) financial planning for postsecondary education, including loan burdens required, repayment options, and expected earnings in potential career fields;

“(B) basic personal income, household money management, and financial planning skills; and

“(C) basic economic decisionmaking skills.”;

(B) in paragraph (5), by striking “and” at the end;

(C) in paragraph (6), by striking the period at the end and inserting “; and”; and

(D) by adding at the end the following:

“(7) basic and emergency supplemental living assistance grants in accordance with subsection (f).”;

(3) in subsection (e)—

(A) in paragraph (5), by striking “and” after the semicolon;

(B) in paragraph (6)(B), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(7) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals, including unaccompanied youth and foster care youth;

“(8) require that such entity submit, in the application for the project, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth, who are enrolled or accepted for enrollment at the institution; and

“(9) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth.”; and

(4) by adding at the end the following:

“(f) Basic and emergency supplemental living assistance grants.—

“(1) IN GENERAL.—In carrying out the activities required under subsection (b)(7) with a grant received under this section, the recipient of such grant shall provide basic and emergency supplemental living assistance grants to assist students who are current participants in the student support services program offered by the institution (in this subsection referred to as ‘eligible students’)—

“(A) in the case of a basic supplemental living assistance grant, in covering reasonable, anticipated expenses necessary for the completion of an academic year of the students’ first undergraduate baccalaureate course of study; and

“(B) in the case of an emergency supplemental living assistance grant, in covering reasonable, unanticipated expenses necessary for the students to persist in college during such academic year.

“(2) AMOUNT OF GRANTS.—The recipient may determine—

“(A) the appropriate division of the funds between basic and emergency supplemental assistance grants, except that funds shall be provided for both basic and emergency grants;

“(B) the amount of each such grant and the total grant funds that an eligible student may receive, except that a student may not receive more than a total of $500 in emergency supplemental assistance grants per academic year; and

“(C) the anticipated and unanticipated expenses referred to in paragraph (1) that such grants will cover based on the needs of eligible students, which—

“(i) may vary by factors including academic year, housing, parental status, location in urban or rural area, or other circumstances; and

“(ii) for an individual student, may cover—

“(I) any component of the cost of attendance for the student;

“(II) an allowance for actual or expected expenses incurred for dependent care that exceeds such expenses determined for the student under section 472(8);

“(III) an allowance for actual or expected expenses for transportation that exceeds such expenses determined for the student under section 472; and

“(IV) personal items or expenses not otherwise covered by the cost of attendance for the student.

“(3) PERCENTAGE OF TOTAL FUNDS.—The recipient may use not more than 2 percent of the funds awarded under this section for grants under this subsection.

“(4) DETERMINATION OF NEED.—A grant provided to a student under this subsection shall not be considered in determining that student’s need for grant or work assistance under this title, except that in no case shall the total amount of student financial assistance awarded to a student under this title exceed that student’s cost of attendance by more than $500.

“(5) CONSULTATION.—In making grants to students under this subsection, an institution shall ensure that adequate consultation takes place between the student support service program office and the institution’s financial aid office.

“(6) SUPPLEMENT, NOT SUPPLANT.—Funds received by a grant recipient that are used under this subsection shall be used to supplement, and not supplant, non-Federal funds expended for student support services programs.

“(7) FUNDS.—For a fiscal year for which the funds allocated for projects authorized under this section from the amounts appropriated pursuant to the authority of section 402A(g) exceeds the funds allocated for such purpose for fiscal year 2020, not more than 2 percent of such excess funds may be made available for grants under this subsection.”.

SEC. 4025. Postbaccalaureate achievement program authority.

Section 402E of the Higher Education Act of 1965 (20 U.S.C. 1070a–15) is amended—

(1) in subsection (b)(2)—

(A) by striking “summer”; and

(B) by inserting “or faculty-led research experiences” before the semicolon;

(2) in subsection (d)(4)—

(A) by striking “summer”; and

(B) by inserting “or faculty-led experiences who have stipends” after “internships”; and

(3) in subsection (f)(1), by striking “$2,800” and inserting “$4,000”.

SEC. 4026. Educational opportunity centers.

Section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a–16) is amended—

(1) in subsection (a)(1), by striking “pursue” and inserting “begin or re-enter”;

(2) in subsection (b)(5), by striking “students;” and inserting “students, including—

“(A) financial planning for postsecondary education, including student loan debt, repayment options, and expected earnings in potential career fields;

“(B) basic personal income, household money management, and financial planning skills; and

“(C) basic economic decisionmaking skills;”; and

(3) in subsection (c)—

(A) in paragraph (2), by striking “and” after the semicolon;

(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

“(4) require an assurance that the entity carrying out the project has reviewed and revised policies and practices as needed to remove barriers to the participation and retention in the project of homeless individuals, including unaccompanied youth and foster care youth;

“(5) require that such entity submit, as part of the application, a description of the activities that will be undertaken to reach out to such homeless individuals and foster care youth regarding the project; and

“(6) require an assurance that such entity will prepare and submit the report required under section 402H(e) at the conclusion of the project regarding such homeless individuals and foster care youth.”.

SEC. 4027. Staff developmental activities.

Section 402G(b) of the Higher Education Act of 1965 (20 U.S.C. 1070a–17(b)) is amended—

(1) by inserting “webinars, online classes,” after “seminars, workshops,”;

(2) by striking “new directors” and inserting “staff”;

(3) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively;

(4) by inserting before paragraph (2), as so redesignated, the following:

“(1) Legislative and regulatory requirements and program management for new directors of programs funded under this chapter.”;

(5) in paragraph (2), as redesignated, by inserting “for continuing directors and staff of programs” after “operation of programs”; and

(6) in paragraph (4), as redesignated, by striking “model programs” and inserting “innovations”.

SEC. 4028. Reports and evaluations.

(a) Other reporting requirements.—Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a–18) is further amended—

(1) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking “, including a rigorous evaluation of the programs and projects assisted under section 402C. The evaluation of the programs and projects assisted under section 402C shall be implemented not later than June 30, 2010” and inserting “The issues such evaluations shall measure shall include the effectiveness of programs and projects assisted under this chapter in—

“(i) meeting or exceeding the stated objectives regarding the outcome criteria under section 402A(f);

“(ii) enhancing the access of low-income individuals and first-generation college students to postsecondary education;

“(iii) preparing individuals for postsecondary education; and

“(iv) comparing students who participate in the programs funded under this chapter with students who do not participate in such programs with respect to—

“(I) level of education completed;

“(II) retention rates;

“(III) graduation rates;

“(IV) college admission and completion rates; and

“(V) other issues as the Secretary considers appropriate.”; and

(ii) in subparagraph (C), by inserting “and take into account the agreed upon target determined under section 402A(f)(4)” before the period; and

(B) by amending paragraph (2) to read as follows:

“(2) PRACTICES.—The evaluations described in paragraph (1) shall identify institutional, community, and program or project practices that are effective in—

“(A) enhancing the access of low-income individuals and first-generation college students to postsecondary education;

“(B) the preparation of such individuals and students for postsecondary education;

“(C) fostering the success of the individuals and students in postsecondary education; and

“(D) for programs and projects assisted under section 402C, the characteristics of students who benefit most from such programs and projects.”; and

(2) in subsection (d), by inserting “, including the authorizing committees” before the period.

(b) Homeless individuals and foster care youth.—Section 402H of the Higher Education Act of 1965 (20 U.S.C. 1070a–18) is further amended by adding at the end the following:

“(e) Report regarding homeless individuals and foster care youth.—Each entity carrying out a project under section 402B, 402C, 402D, or 402F shall, at the conclusion of the project, prepare and submit a report to the Secretary that includes—

“(1) where available, data on the number of homeless individuals and foster care youth served through the project; and

“(2) a description of any strategies or program enhancements that were used in the project and that were effective in meeting the needs of such homeless individuals and foster care youth.”.

SEC. 4031. Gaining early awareness and readiness for undergraduate programs.

Chapter 2 of subpart 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 “, including for college readiness” after “academic support”; and

(B) in subsection (b)—

(i) by amending paragraph (3) to read as follows:

“(3) PRIORITY.—In making awards to eligible entities described in subsection (c), the Secretary may give a competitive priority—

“(A) to eligible entities that—

“(i) on the day before the date of enactment of the College Affordability Act, 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; or

“(B) to eligible entities that ensure that students that received assistance under this chapter on the day before the date of enactment of the College Affordability Act continue to receive such assistance through the completion of secondary school.”;

(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 grant period with respect to such grant expires.

“(B) EXCEPTION FOR NO-COST EXTENSION.—Notwithstanding subparagraph (A), an eligible entity described in subsection (c)(1) that receives a grant under this chapter that has been extended under section 75.261 of title 34, Code of Federal Regulations may receive an additional grant under this chapter prior to the date on which the grant period applicable to such extension expires.”; and

(2) in section 404B (20 U.S.C. 1070a–22)—

(A) in subsection (a), in the matter preceding paragraph (1), by inserting “(except with respect to continuation awards under this chapter)” 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 (a)(2)—

(i) in subparagraph (I), by striking “and” after the semicolon;

(ii) in subparagraph (J), by striking the period at the end and inserting a semicolon; and

(iii) by adding at the end the following:

“(K) provide an assurance that the eligible entity has reviewed and revised policies and practices as needed to remove barriers to the participation and retention of homeless individuals (as defined in section 402A) in the program, including unaccompanied youth and foster care youth;

“(L) describe the activities that will be undertaken to reach out to such homeless individuals and foster care youth as part of the program; and

“(M) provide an assurance that the eligible entity will prepare and submit the report required under section 404G(c) at the conclusion of the grant regarding such homeless individuals and foster care youth.”;

(B) 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 “the total Federal grant award under this chapter, which”;

(C) in subsection (c)(1), by inserting “at any point during the grant award period” after “obligated to students”; and

(D) by striking subsection (d) and inserting the following:

“(d) Peer review panels and competitions.—The Secretary shall—

“(1) convene peer review panels to assist in making determinations regarding the awarding of grants under this chapter; and

“(2) 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”;

(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) Facilitating the recruitment, participation, and retention of homeless individuals (as defined in section 402A) and foster care youth in the services provided under this chapter, including—

“(A) establishing partnerships with community-based organizations, child welfare agencies, homeless shelters, and local educational agency liaisons for homeless individuals to identify such individuals and youth, improve policies and practices, and to establish data sharing agreements;

“(B) carrying out activities (consistent with the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.)) to facilitate continued participation of students who are no longer enrolled in a school served under this chapter due to changes in residence resulting from homelessness or foster care placement, including—

“(i) allowing continued participation when such a student is no longer enrolled, on a temporary basis, in a school served under this chapter; or

“(ii) providing transitional services and referrals when such a student is no longer enrolled, on a permanent basis, in a school served under this chapter; and

“(C) carrying out other activities to meet the needs of such homeless individuals and foster care youth.

“(20) 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 (42 U.S.C. 1751 et seq.); or”;

(5) in section 404E (20 U.S.C. 1070a–25)—

(A) in subsection (a)—

(i) by redesignating paragraph (2) as paragraph (3);

(ii) by inserting after paragraph (1) the following:

“(2) 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 subsection (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) 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 striking “Limitation” and inserting “State 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—

“(A) 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

“(B) 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)(2)” 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 in postsecondary education.

“(E) Such other metrics as the Secretary may require.”;

(B) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;

(C) by inserting after subsection (b) the following:

“(c) Report on homeless individuals and foster care youth.—Each eligible entity that receives a grant under section 404A shall, at the conclusion of such grant, prepare and submit a report to the Secretary that includes—

“(1) where available, the number of homeless individuals (as defined in section 402A) and foster care youth served through the program; and

“(2) a description of any strategies or program enhancements that were used by the eligible entity in carrying out the program that were effective in meeting the needs of such homeless individuals and foster care youth.”;

(D) in subsection (d), as so redesignated—

(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, by striking “$400,000,000 for fiscal year 2009” and inserting “$500,000,000 for fiscal year 2021”.

SEC. 4041. Purpose; appropriations authorized.

Section 413A of the Higher Education Act of 1965 (20 U.S.C. 1070b) is amended—

(1) by amending subsection (a) to read as follows:

“(a) Purpose of subpart.—It is the purpose of this subpart to—

“(1) provide, through institutions of higher education, supplemental grants to assist in making available the benefits of postsecondary education to qualified students who demonstrate financial need in accordance with the provisions of part F of this title; and

“(2) to establish grant programs at various institutions of higher education, as defined in section 101, to determine best practices and policies regarding the distribution of emergency grant aid to assist students in completing their program of study, notwithstanding aid they may have received in accordance with the provisions of part F of this title.”;

(2) in subsection (b)(1), by striking “appropriated” and all that follows through the end and inserting “appropriated—

“(A) $1,150,000,000 for fiscal year 2021;

“(B) $1,300,000,000 for fiscal year 2022;

“(C) $1,450,000,000, for fiscal year 2023;

“(D) $1,600,000,000 for fiscal year 2024; and

“(E) $1,750,000,000 for fiscal year 2025 and each succeeding fiscal year.”;

(3) in subsection (b), by redesignating paragraph (2) as paragraph (3); and

(4) in subsection (b), by inserting after paragraph (1) the following:

“(2) For the purpose of enabling the Secretary to fund emergency grant aid programs under section 420DD, there are allocated, from funds authorized under paragraph (b)(1), $12,500,000 for fiscal year 2021 and each of the 5 succeeding fiscal years.”.

SEC. 4042. Institutional eligibility.

Section 413C(a) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2) is amended—

(1) in paragraph (2)—

(A) by striking “agrees” and inserting “except as provided in paragraph (4), agrees”; and

(B) by striking “and” at the end;

(2) in paragraph (3)(D), by striking the period and inserting “; and”; and

(3) by adding at the end the following:

“(4) agrees that the Federal share of an award under this subpart to an institution eligible for assistance under title III or title V shall equal 100 percent of such award.”.

SEC. 4043. Allocation of funds.

Section 413D of the Higher Education Act of 1965 (20 U.S.C. 1070b–3) is amended to read as follows:

“SEC. 413D. Allocation of funds.