Consider Teachers Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2048 To amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2021 Ms. NORTON introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Higher Education Act of 1965 in order to improve the service obligation verification process for TEACH Grant recipients, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Consider Teachers Act 4 of 2021’’. 5 SEC. 2. TEACH GRANTS. 6 Section 420N of the Higher Education Act of 1965 7 (20 U.S.C. 1070g–2) is amended— 8 (1) in subsection (b)(1)— 9 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2048 IH (A) in subparagraph (A), by inserting ‘‘(re- 1 ferred to in this section as the ‘service obliga- 2 tion window’)’’ after ‘‘under this subpart’’; 3 (B) in subparagraph (C)(vii), by inserting 4 ‘‘or geographic area’’ after ‘‘field’’; and 5 (C) by striking subparagraphs (D) and (E) 6 and inserting the following: 7 ‘‘(D) submit a certification of employment 8 by the chief administrative officer of the school 9 in accordance with subsection (d)(5); and 10 ‘‘(E) meet all State certification require- 11 ments for teaching (which may include meeting 12 such requirements through a certification ob- 13 tained through alternative routes to teaching);’’; 14 (2) in subsection (c)— 15 (A) by striking ‘‘In the event’’ and insert- 16 ing the following: 17 ‘‘(1) IN GENERAL.—In the event’’; and 18 (B) by adding at the end the following: 19 ‘‘(2) RECONSIDERATION OF CONVERSION DECI- 20 SIONS.— 21 ‘‘(A) REQUEST TO RECONSIDER.—In any 22 case where the Secretary has determined that a 23 recipient of a grant under this subpart has 24 failed or refused to comply with the service obli- 25 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2048 IH gation in the agreement under subsection (b) 1 and has converted the grant into a Federal Di- 2 rect Unsubsidized Stafford Loan under part D 3 in accordance with paragraph (1), (including a 4 TEACH Grant converted to a loan prior to the 5 date of enactment of the Consider Teachers Act 6 of 2021 and including cases where such loans 7 have been fully or partially paid), the recipient 8 may request that the Secretary reconsider such 9 initial determination and may submit additional 10 information to demonstrate satisfaction of the 11 service obligation. Upon receipt of such a re- 12 quest, the Secretary shall reconsider the deter- 13 mination in accordance with this paragraph not 14 later than 90 days after the date that such re- 15 quest was received. 16 ‘‘(B) RECONSIDERATION.—If, in reconsid- 17 ering an initial determination under subpara- 18 graph (A) (including reconsideration related to 19 a TEACH Grant that was converted to a loan 20 prior to the date of enactment of the Consider 21 Teachers Act of 2021 and including cases 22 where such loans were fully or partially paid), 23 the Secretary determines that the reason for 24 such determination was the recipient’s failure to 25 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2048 IH timely submit a certification required under 1 subsection (b)(1)(D) (as in effect on the day be- 2 fore the date of enactment of the Consider 3 Teachers Act of 2021), an error or processing 4 delay by the Secretary, a change to the fields 5 considered eligible for fulfillment of the service 6 obligation (as described in subsection 7 (b)(1)(C)), a recipient having previously re- 8 quested to have the TEACH Grant converted to 9 a loan, or another valid reason determined by 10 the Secretary, and that the recipient has, as of 11 the date of the reconsideration, demonstrated 12 that the recipient did meet, or is meeting the 13 service obligation in the agreement under sub- 14 section (b), the Secretary shall— 15 ‘‘(i) discharge the Federal Direct Un- 16 subsidized Stafford Loan under part D, 17 and reinstate the recipient’s grant under 18 this subpart; 19 ‘‘(ii) discharge any interest or fees 20 that may have accumulated during the pe- 21 riod that the grant was converted to a 22 Federal Direct Unsubsidized Stafford 23 Loan under part D; 24 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2048 IH ‘‘(iii) if the recipient has other loans 1 under part D, apply any payments made 2 for the Federal Direct Unsubsidized Staf- 3 ford Loan under part D during such pe- 4 riod to those other loans under part D; 5 ‘‘(iv) if the recipient does not have 6 other loans under part D, reimburse the 7 recipient for any amounts paid on the Fed- 8 eral Direct Unsubsidized Stafford Loan 9 under part D during such period; 10 ‘‘(v) request that consumer reporting 11 agencies remove any negative credit report- 12 ing due to the conversion of the TEACH 13 Grant to a loan; and 14 ‘‘(vi) use the additional information 15 provided under subparagraph (A) to deter- 16 mine the progress the recipient has made 17 in meeting the service obligation. 18 ‘‘(C) EXTENSION OF TIME TO COMPLETE 19 SERVICE OBLIGATION.—In the case of a recipi- 20 ent whose TEACH Grant was reinstated in ac- 21 cordance with subparagraph (B), the Secretary 22 shall, upon such reinstatement— 23 ‘‘(i) extend the time remaining for the 24 recipient to fulfill the service obligation de- 25 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2048 IH scribed in subsection (b)(1) to a period of 1 time equal to— 2 ‘‘(I) 8 years; minus 3 ‘‘(II) the number of full academic 4 years of teaching that the recipient 5 completed prior to the reconversion of 6 the loan to a TEACH Grant under 7 subparagraph (B), including any 8 years of qualifying teaching completed 9 during the period when the TEACH 10 Grant was in loan status; and 11 ‘‘(ii) treat any full academic years of 12 teaching described in clause (i)(II) as years 13 that count toward the individual’s service 14 obligation (regardless of whether the 15 TEACH Grant funds were in grant or loan 16 status) if that time otherwise meets the re- 17 quirements of this section.’’; and 18 (3) in subsection (d), by adding at the end the 19 following: 20 ‘‘(3) COMMUNICATION WITH RECIPIENTS.—The 21 Secretary shall notify TEACH grant recipients not 22 less than once per calendar year regarding how to 23 submit the employment certification under sub- 24 section (b)(1)(D) and the recommendations and re- 25 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2048 IH quirements for submitting that certification under 1 subsection (d)(5). 2 ‘‘(4) QUALIFYING SCHOOLS AND HIGH-NEED 3 FIELDS.—The Secretary shall maintain and annually 4 update a list of qualifying schools as described in 5 subsection (b)(1)(B), and a list of high-need fields 6 as described in subsection (b)(1)(C) and shall make 7 such lists publicly available on the Department’s 8 website in a sortable and searchable format.’’. 9 SEC. 3. SUBMISSION OF EMPLOYMENT CERTIFICATION. 10 Section 420N(d) of the Higher Education Act of 11 1965 (20 U.S.C. 1070g–2(d)), as amended by section 2, 12 is further amended by adding at the end the following: 13 ‘‘(5) SUBMISSION OF EMPLOYMENT CERTIFI- 14 CATION.— 15 ‘‘(A) RECOMMENDED SUBMISSIONS.—The 16 Secretary shall notify TEACH Grant recipients 17 that the Department recommends that TEACH 18 Grant recipients submit the employment certifi- 19 cation described in subsection (b)(1)(D) as soon 20 as practicable after the completion of each year 21 of service. 22 ‘‘(B) REQUIRED SUBMISSION.—A TEACH 23 Grant recipient shall be required to submit to 24 the Department employment certification within 25 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2048 IH the timeframe that would allow that individual 1 to complete their service obligation before the 2 end of the service obligation window. 3 ‘‘(C) NOTIFICATION.—The Secretary shall 4 notify TEACH Grant recipients of the required 5 submission deadlines described in this para- 6 graph. 7 ‘‘(D) ADJUSTMENT OF DEADLINE.—The 8 Secretary shall adjust the submission deadline 9 described in subparagraph (B) to account for a 10 service obligation window extension. 11 ‘‘(E) ALTERNATIVE TO CERTIFICATION.— 12 The Secretary shall provide an alternative to 13 the certification of employment described in 14 subsection (b)(1)(D) for recipients who cannot 15 obtain such required certification of employ- 16 ment from the chief administrative officer of 17 the school because the recipient can dem- 18 onstrate the school is no longer in existence or 19 the school refuses to cooperate.’’. 20 SEC. 4. EXTENSION OF TIME TO FULFILL SERVICE OBLIGA- 21 TION DUE TO COVID–19. 22 (a) Section 3519(a) of the CARES Act (Public Law 23 116–136; 20 U.S.C. 1001 note) is amended— 24 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2048 IH (1) in the matter preceding paragraph (1), by 1 striking ‘‘For the purpose of section 420N of the 2 Higher Education Act of 1965 (20 U.S.C. 1070g– 3 2), during a qualifying emergency,’’ and inserting 4 ‘‘Notwithstanding any provision of subpart 9 of part 5 A of title IV of the Higher Education Act of 1965 6 (20 U.S.C. 1070g et seq.),’’; 7 (2) in paragraph (1), by striking ‘‘and’’ after 8 the semicolon; 9 (3) in paragraph (2), by striking ‘‘such section 10 420N.’’ and inserting ‘‘section 420N of such Act; 11 and’’; and 12 (4) by adding at the end the following: 13 ‘‘(3) shall extend the service obligation window 14 (as described in section 420N(b)(1)(A) of such Act) 15 for a period of not more than 3 years, in addition 16 to any extensions provided in accordance with sub- 17 part 9 of part A of title IV of the Higher Education 18 Act of 1965 (20 U.S.C. 1070g et seq.), in the case 19 of a grant recipient whose service obligation window 20 begins during, or includes— 21 ‘‘(A) the qualifying emergency period; or 22 ‘‘(B) a period of recession or economic 23 downturn related to the qualifying emergency 24 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2048 IH period, as determined by the Secretary in con- 1 sultation with the Secretary of Labor.’’. 2 (b) Section 3519 of the CARES Act (Public Law 3 116–136; 20 U.S.C. 1001 note) is amended by adding at 4 the end the following: 5 ‘‘(c) FEDERAL PERKINS LOANS.—Notwithstanding 6 section 465 of the Higher Education Act of 1965 (20 7 U.S.C. 1087ee), the Secretary shall waive the require- 8 ments of such section in regard to full-time service and 9 shall consider an incomplete year of service of a borrower 10 as fulfilling the requirement for a complete year of service 11 under such section, if the service was interrupted due to 12 a qualifying emergency.’’. 13 (c) EFFECTIVE DATE.—The amendments made by 14 this section shall take effect as if included in the enact- 15 ment of the CARES Act (Public Law 116–136). 16 SEC. 5. IMPLEMENTATION. 17 In carrying out this Act and any amendments made 18 by this Act, or any regulations promulgated under this Act 19 or under such amendments, the Secretary of Education 20 may waive the application of— 21 (1) subchapter I of chapter 35 of title 44, 22 United States Code (commonly known as the ‘‘Pa- 23 perwork Reduction Act’’); 24 VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2048 IH (2) the master calendar requirements under 1 section 482 of the Higher Education Act of 1965 2 (20 U.S.C. 1089); 3 (3) negotiated rulemaking under section 492 of 4 the Higher Education Act of 1965 (20 U.S.C. 5 1098a); and 6 (4) the requirement to publish the notices re- 7 lated to the system of records of the agency before 8 implementation required under paragraphs (4) and 9 (11) of section 552a(e) of title 5, United States 10 Code (commonly known as the ‘‘Privacy Act of 11 1974’’), except that the notices shall be published 12 not later than 180 days after the date of enactment 13 of this Act. 14 Æ VerDate Sep 11 2014 21:14 May 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H2048.IH H2048 pbinns on DSKJLVW7X2PROD with BILLS