Opportunities for Success Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 792 To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 25, 2019 Ms. BONAMICI (for herself and Mr. KILMER) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, 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 ‘‘Opportunities for Suc- 4 cess Act of 2019’’. 5 SEC. 2. EXTENSION OF AUTHORIZATION. 6 Section 441 of the Higher Education Act of 1965 (20 7 U.S.C. 1087–51) is amended— 8 (1) in subsection (b), by striking ‘‘part, such 9 sums as may be necessary for fiscal year 2009 and 10 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 792 IH each of the five succeeding fiscal years.’’ and insert- 1 ing ‘‘part— 2 ‘‘(1) $1,500,000,000 for fiscal year 2020; 3 ‘‘(2) $1,750,000,000 for fiscal year 2021; 4 ‘‘(3) $2,000,000,000 for fiscal year 2022; 5 ‘‘(4) $2,250,000,000 for fiscal year 2023; and 6 ‘‘(5) $2,500,000,000 for fiscal year 2024 and 7 each succeeding fiscal year.’’; 8 (2) in subsection (c)— 9 (A) in paragraph (3), by striking ‘‘and’’; 10 (B) in paragraph (4)(C), by striking the 11 period at the end and inserting ‘‘; and’’; and 12 (C) by adding at the end the following: 13 ‘‘(5) work-based learning designed to give stu- 14 dents experience in any activity described in para- 15 graph (1), (2), (3), or (4), whether or not credit is 16 awarded.’’; and 17 (3) by adding at the end the following: 18 ‘‘(d) WORK-BASED LEARNING DEFINED.—For pur- 19 poses of this part, the term ‘work-based learning’ means 20 sustained interactions with industry, community, or aca- 21 demic professionals in real workplace settings that— 22 ‘‘(1) foster in-depth, first-hand engagement 23 with the tasks required of a given career field that 24 are aligned to a student’s field of study; and 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 792 IH ‘‘(2) may include internships, fellowships, and 1 apprenticeships.’’. 2 SEC. 3. ALLOCATION FORMULA. 3 Section 442 of the Higher Education Act of 1965 (20 4 U.S.C. 1087–52) is amended to read as follows: 5 ‘‘(a) RESERVATIONS.— 6 ‘‘(1) RESERVATION FOR IMPROVED INSTITU- 7 TIONS.— 8 ‘‘(A) AMOUNT OF RESERVATION FOR IM- 9 PROVED INSTITUTIONS.—Beginning with the 10 first fiscal year that is 2 years after the date 11 of the enactment of the Opportunities for Suc- 12 cess Act of 2019, for a fiscal year in which the 13 amount appropriated under section 441(b) ex- 14 ceeds $700,000,000, the Secretary shall— 15 ‘‘(i) reserve the lesser of— 16 ‘‘(I) an amount equal to 20 per- 17 cent of the amount by which the 18 amount appropriated under section 19 441(b) exceeds $700,000,000; or 20 ‘‘(II) $150,000,000; and 21 ‘‘(ii) allocate the amount reserved 22 under clause (i) to each improved institu- 23 tion in an amount equal to the greater of 24 the following: 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 792 IH ‘‘(I) The amount that bears the 1 same proportion to the amount re- 2 served under clause (i) as the total 3 amount of all Federal Pell Grant 4 funds awarded at the improved insti- 5 tution for the second preceding fiscal 6 year bears to the total amount of Fed- 7 eral Pell Grant funds awarded at im- 8 proved institutions participating under 9 this part for the second preceding fis- 10 cal year. 11 ‘‘(II) $5,000. 12 ‘‘(B) IMPROVED INSTITUTION DE- 13 SCRIBED.—For purposes of this paragraph, an 14 improved institution is an institution that, on 15 the date the Secretary makes an allocation 16 under subparagraph (A)(ii)— 17 ‘‘(i) is an institution of higher edu- 18 cation (as defined under section 101); 19 ‘‘(ii) meets the requirements of sub- 20 section (d)(5); and 21 ‘‘(iii) is with respect to— 22 ‘‘(I) the completion rate or grad- 23 uation rate of Federal Pell Grant re- 24 cipients at the institution, in the top 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 792 IH 75 percent of all institutions partici- 1 pating under this part for the pre- 2 ceding fiscal year; 3 ‘‘(II) the percentage of Federal 4 Pell Grant recipients at the institu- 5 tion, in the top 50 percent of the in- 6 stitutions described in subclause (I); 7 and 8 ‘‘(III) the annual increase in the 9 completion rate or graduation rate of 10 Federal Pell Grant recipients at the 11 institution, in the top 50 percent of 12 the institutions described in sub- 13 clauses (I) and (II). 14 ‘‘(C) COMPLETION RATE OR GRADUATION 15 RATE.—For purposes of determining the com- 16 pletion rate or graduation rate under this sec- 17 tion, a Federal Pell Grant recipient who is ei- 18 ther a full-time student or a part-time student 19 shall be counted as a completion or graduation 20 if, within 150 percent of the normal time for 21 completion of or graduation from the program, 22 the student has completed or graduated from 23 the program, or enrolled in any program of an 24 institution participating in any program under 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 792 IH this title for which the prior program provides 1 substantial preparation. 2 ‘‘(2) RESERVATION FOR GRANT PROGRAM.— 3 From the amount appropriated under section 441(b) 4 for a fiscal year and remaining after the Secretary 5 reserves funds under subparagraph (A), the Sec- 6 retary shall reserve $30,000,000 to carry out grants 7 under section 449. 8 ‘‘(3) REALLOCATION OF AMOUNT RETURNED BY 9 IMPROVED INSTITUTIONS.—If an institution returns 10 to the Secretary any portion of the sums allocated 11 to such institution under this subsection for any fis- 12 cal year, the Secretary shall reallot such excess to 13 improved institutions on the same basis as under 14 paragraph (1)(A). 15 ‘‘(4) PUBLICATION.—Beginning 1 year after 16 the first allocations are made to improved institu- 17 tions under paragraph (1)(A) and annually there- 18 after, the Secretary shall make publicly available— 19 ‘‘(A) a list of the improved institutions 20 that received funding under such paragraph in 21 the prior fiscal year; 22 ‘‘(B) the percentage of students at each 23 such improved institution that are Federal Pell 24 Grant recipients; 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 792 IH ‘‘(C) the completion rate or graduation 1 rate for the students described in subparagraph 2 (B) with respect to each such improved institu- 3 tion; and 4 ‘‘(D) a comparison between the informa- 5 tion described in subparagraphs (A), (B), and 6 (C) for the prior fiscal year for such improved 7 institution, and such information for the year 8 prior to such year. 9 ‘‘(b) ALLOCATION FORMULA FOR FISCAL YEARS 10 2020 THROUGH 2024.— 11 ‘‘(1) IN GENERAL.—From the amount appro- 12 priated under section 441(b) for a fiscal year and re- 13 maining after the Secretary reserves funds under 14 subsection (a), the Secretary shall allocate to each 15 institution— 16 ‘‘(A) for fiscal year 2020, an amount equal 17 to the greater of— 18 ‘‘(i) 90 percent of the amount the in- 19 stitution received under this subsection 20 and subsection (a) for fiscal year 2019, as 21 such subsections were in effect with re- 22 spect to such fiscal year (in this subpara- 23 graph referred to as ‘the 2019 amount for 24 the institution’); or 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 792 IH ‘‘(ii) the fair share amount for the in- 1 stitution determined under subsection (d); 2 ‘‘(B) for fiscal year 2021, an amount equal 3 to the greater of— 4 ‘‘(i) 80 percent of the 2019 amount 5 for the institution; or 6 ‘‘(ii) the fair share amount for the in- 7 stitution determined under subsection (d); 8 ‘‘(C) for fiscal year 2022, an amount equal 9 to the greater of— 10 ‘‘(i) 60 percent of the 2019 amount 11 for the institution; or 12 ‘‘(ii) the fair share amount for the in- 13 stitution determined under subsection (d); 14 ‘‘(D) for fiscal year 2023, an amount equal 15 to the greater of— 16 ‘‘(i) 40 percent of the 2019 amount 17 for the institution; or 18 ‘‘(ii) the fair share amount for the in- 19 stitution determined under subsection (d); 20 and 21 ‘‘(E) for fiscal year 2024, an amount equal 22 to the greater of— 23 ‘‘(i) 20 percent of the 2019 amount 24 for the institution; or 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 792 IH ‘‘(ii) the fair share amount for the in- 1 stitution determined under subsection (d). 2 ‘‘(2) RATABLE REDUCTION.— 3 ‘‘(A) IN GENERAL.—If the amount appro- 4 priated under section 441(b) for a fiscal year 5 and remaining after the Secretary reserves 6 funds under subsection (a) is less than the 7 amount required to be allocated to the institu- 8 tions under this subsection, then the amount of 9 the allocation to each institution shall be rat- 10 ably reduced. 11 ‘‘(B) ADDITIONAL APPROPRIATIONS.—If 12 the amounts allocated to each institution are 13 ratably reduced under subparagraph (A) for a 14 fiscal year and additional amounts are appro- 15 priated for such fiscal year, the amount allo- 16 cated to each institution from the additional 17 amounts shall be increased on the same basis as 18 the amounts under subparagraph (A) were re- 19 duced (until each institution receives the 20 amount required to be allocated under this sub- 21 section). 22 ‘‘(c) ALLOCATION FORMULA FOR FISCAL YEAR 2025 23 AND EACH SUCCEEDING FISCAL YEAR.—Except as pro- 24 vided in subsection (d)(5), from the amount appropriated 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 792 IH under section 441(b) for fiscal year 2025 and each suc- 1 ceeding fiscal year and remaining after the Secretary re- 2 serves funds under subsection (a), the Secretary shall allo- 3 cate to each institution the fair share amount for the insti- 4 tution determined under subsection (d). 5 ‘‘(d) DETERMINATION OF FAIR SHARE AMOUNT.— 6 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 7 the fair share amount for an institution for a fiscal 8 year shall be equal to the sum of— 9 ‘‘(A) 100 percent of the institution’s un- 10 dergraduate student need described in para- 11 graph (3) for the preceding fiscal year; and 12 ‘‘(B) 25 percent of the institution’s grad- 13 uate student need described in paragraph (4) 14 for the preceding fiscal year. 15 ‘‘(2) INSTITUTIONAL UNDERGRADUATE STU- 16 DENT NEED.—The undergraduate student need for 17 an institution for a fiscal year shall be equal to the 18 sum of the following: 19 ‘‘(A) An amount equal to 50 percent of the 20 amount that bears the same proportion to the 21 available appropriated amount for such fiscal 22 year as the total amount of Federal Pell Grant 23 funds awarded at the institution for the pre- 24 ceding fiscal year bears to the total amount of 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 11 •HR 792 IH Federal Pell Grant funds awarded at all institu- 1 tions participating under this part for the pre- 2 ceding fiscal year. 3 ‘‘(B) An amount equal to 50 percent of the 4 amount that bears the same proportion to the 5 available appropriated amount for such fiscal 6 year as the total amount of the undergraduate 7 student need at the institution for the preceding 8 fiscal year bears to the total amount of under- 9 graduate student need at all institutions partici- 10 pating under this part for the preceding fiscal 11 year. 12 ‘‘(3) INSTITUTIONAL GRADUATE STUDENT 13 NEED.—The graduate student need for an institu- 14 tion for a fiscal year shall be equal to the amount 15 that bears the same proportion to the available ap- 16 propriated amount for such fiscal year as the total 17 amount of the graduate student need at the institu- 18 tion for the preceding fiscal year bears to the total 19 amount of graduate student need at all institutions 20 participating under this part for the preceding fiscal 21 year. 22 ‘‘(4) ELIGIBILITY FOR FAIR SHARE AMOUNT.— 23 The Secretary may not allocate funds under this 24 part to any institution that, for two or more fiscal 25 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 12 •HR 792 IH years during any three fiscal year period beginning 1 not earlier than the first day of the first fiscal year 2 that is 2 years after the date of the enactment of 3 this paragraph, has— 4 ‘‘(A) a student population with less than 7 5 percent of undergraduate students who are re- 6 cipients of Federal Pell Grants; or 7 ‘‘(B) if the institution only enrolls grad- 8 uate students, a student population that less 9 than 5 percent of students that have an ex- 10 pected family contribution of zero. 11 ‘‘(5) DEFINITIONS.—In this subsection: 12 ‘‘(A) AVAILABLE APPROPRIATED 13 AMOUNT.—In this section, the term ‘available 14 appropriated amount’ means— 15 ‘‘(i) the amount appropriated under 16 section 441(b) for a fiscal year, minus 17 ‘‘(ii) the amounts reserved under sub- 18 section (a) for such fiscal year. 19 ‘‘(B) AVERAGE COST OF ATTENDANCE.— 20 The term ‘average cost of attendance’ means, 21 with respect to an institution, the average of 22 the attendance costs for a fiscal year for stu- 23 dents which shall include— 24 VerDate Sep 11 2014 01:49 Feb 05, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H792.IH H792 pamtmann on DSKBFK8HB2PROD with BILLS 13 •HR 792 IH ‘‘(i) tuition and fees, computed on the 1 basis of information reported by the insti- 2 tution to the Secretary, which shall in- 3 clude— 4 ‘‘(I) total revenue received by the 5 institution from undergraduate and 6 graduate tuition and fees for the sec- 7 ond year preceding the yea [Text truncated for display. 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