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I
116TH CONGRESS
1ST SESSION H. R. 4638
To give middle-class families access to the maximum Federal Pell Grant,
to increase college transparency, and State maintenance of efforts, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 11, 2019
Mr. CARBAJAL introduced the following bill; which was referred to the Com-
mittee on Education and Labor, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To give middle-class families access to the maximum Federal
Pell Grant, to increase college transparency, and State
maintenance of efforts, 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 ‘‘Degrees Not Debt Act
4
of 2019’’.
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•HR 4638 IH
SEC. 2. INCREASE IN THE MAXIMUM AMOUNT OF A FED-
1
ERAL PELL GRANT.
2
Section 401(b)(7)(C) of the Higher Education Act of
3
1965 (20 U.S.C. 1070a(b)(7)(C)) is amended—
4
(1) in clause (i)(I), by striking ‘‘clause (iv)(II)’’
5
and inserting ‘‘clause (v)(II)’’;
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(2) in clause (ii)(I), by striking ‘‘clause (iv)(II)’’
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and inserting ‘‘clause (v)(II)’’;
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(3) by redesignating clauses (iii) and (iv) as
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clauses (iv) and (v), respectively;
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(4) by inserting after clause (ii) the following:
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‘‘(iii) AWARD
YEAR
2019–2020.—For
12
award year 2019–2020, the amount deter-
13
mined under this subparagraph for pur-
14
poses of subparagraph (B)(iii) shall be
15
equal to—
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‘‘(I) $10,000; reduced by
17
‘‘(II) the maximum Federal Pell
18
Grant for which a student would be
19
eligible using the criteria provided
20
under section 479; and
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‘‘(III) rounded to the nearest
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$5.’’; and
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(5) by striking clause (iv), as redesignated by
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paragraph (3), and inserting the following:
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•HR 4638 IH
‘‘(iv) SUBSEQUENT AWARD YEARS.—
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For award year 2020–2021 and each sub-
2
sequent award year, the amount deter-
3
mined under this subparagraph for pur-
4
poses of subparagraph (B)(iii) shall be
5
equal to—
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‘‘(I)
the
amount
determined
7
under this subparagraph for the pre-
8
ceding award year; increased by
9
‘‘(II) a percentage equal to the
10
annual adjustment percentage for the
11
award year for which the amount
12
under this subparagraph is being de-
13
termined; and
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‘‘(III) rounded to the nearest
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$5.’’.
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SEC. 3. INCREASE FAMILY INCOME THRESHOLD FOR DE-
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TERMINATION OF EXPECTED FAMILY CON-
18
TRIBUTION EQUAL TO ZERO.
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(a) IN GENERAL.—Section 479 of the Higher Edu-
20
cation Act of 1965 (20 U.S.C. 1087ss) is amended to read
21
as follows:
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‘‘SEC. 479. SIMPLIFIED APPLICATION.
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‘‘(a) SIMPLIFIED APPLICATION SECTION.—
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•HR 4638 IH
‘‘(1) IN GENERAL.—The Secretary shall develop
1
and use an easily identifiable simplified application
2
section as part of the common financial reporting
3
form prescribed under section 483(a) for families de-
4
scribed in subsection (b).
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‘‘(2) REDUCED
DATA
REQUIREMENTS.—The
6
simplified application form shall in the case of a
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family meeting the requirements of subsection (b),
8
permit such family to be treated as having an ex-
9
pected family contribution equal to zero for purposes
10
of establishing such eligibility and to submit only the
11
data elements required to make a determination
12
under subsection (b).
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‘‘(b) ZERO EXPECTED FAMILY CONTRIBUTION.—
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The Secretary shall consider an applicant to have an ex-
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pected family contribution equal to zero if—
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‘‘(1) in the case of a dependent student, the
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sum of the adjusted gross income of the student’s
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parents is less than or equal to 250 percent of the
19
poverty line (as defined by the Office of Manage-
20
ment and Budget, and revised annually in accord-
21
ance with section 673(2) of the Community Services
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Block Grant Act (42 U.S.C. 9902(2))) applicable to
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a family of the size involved;
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•HR 4638 IH
‘‘(2) in the case of an independent student with
1
dependents other than a spouse, the sum of the ad-
2
justed gross income of the student and the student’s
3
spouse (if appropriate) is less than or equal to 250
4
percent of the poverty line (as defined by the Office
5
of Management and Budget, and revised annually in
6
accordance with section 673(2) of the Community
7
Services Block Grant Act (42 U.S.C. 9902(2))) ap-
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plicable to a family of the size involved; or
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‘‘(3) in the case of an independent student
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without dependents other than a spouse, the sum of
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the adjusted gross income of the student and the
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student’s spouse (if appropriate) is less than or
13
equal to 250 percent of the poverty line (as defined
14
by the Office of Management and Budget, and re-
15
vised annually in accordance with section 673(2) of
16
the Community Services Block Grant Act (42 U.S.C.
17
9902(2))) applicable to a family of the size involved.
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‘‘(c) ADJUSTMENTS.—An individual is not required
19
to qualify or file for the earned income credit in order to
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be eligible under this subsection. The Secretary shall an-
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nually adjust the income level necessary to qualify an ap-
22
plicant for the zero expected family contribution. The in-
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come level shall be adjusted according to increases in the
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Consumer Price Index, as defined in section 478(f).’’.
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•HR 4638 IH
(b) ADJUSTMENTS IN INCOME PROTECTION ALLOW-
1
ANCES.—For each academic year, the Secretary of Edu-
2
cation shall continue to publish in the Federal Register
3
a revised table of income protection allowances pursuant
4
to section 478(b)(1)(A) of the Higher Education Act of
5
1965 (20 U.S.C. 1087rr(b)(1)(A)).
6
SEC. 4. STATE RESPONSIBILITY.
7
(a) MAINTENANCE OF EFFORT REQUIREMENTS.—
8
Section 401 of the Higher Education Act of 1965 (20
9
U.S.C. 1070a) is amended by adding at the end the fol-
10
lowing:
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‘‘(k) INSTITUTIONAL INELIGIBILITY BASED ON FAIL-
12
URE OF STATE TO MAINTAIN HIGHER EDUCATION AP-
13
PROPRIATIONS LEVEL.—
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‘‘(1) IN GENERAL.—Each State that receives
15
funds under this Act shall maintain expenditures
16
and State financial aid for institutions of higher
17
education in the State, with respect to a fiscal year,
18
at an amount that is equal to or more than the aver-
19
age amount of State expenditures and State finan-
20
cial aid for institutions of higher education in the
21
State for the 10 fiscal years preceding such fiscal
22
year.
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‘‘(2) CONSEQUENCES OF FAILURE TO MAINTAIN
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EFFORT.—Notwithstanding any other provision of
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•HR 4638 IH
law and beginning 5 years after the date of enact-
1
ment of the Degrees Not Debt Act of 2019, the Sec-
2
retary shall not make a payment under this subpart
3
to an institution of higher education for a fiscal year
4
for the purpose of making a Federal Pell Grant to
5
eligible students in attendance at such institution
6
and any such student shall not be eligible to receive
7
a Federal Pell Grant for attendance at such institu-
8
tion for the fiscal year, if the institution—
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‘‘(A) is an institution of higher education,
10
as defined in section 102; and
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‘‘(B) is located in a State that has not
12
maintained expenditures and State financial aid
13
for institutions of higher education in the State,
14
with respect to the fiscal year, at an amount
15
that is equal to or more than the average
16
amount of State expenditures and State finan-
17
cial aid for institutions of higher education in
18
the State for the 5 fiscal years preceding such
19
fiscal year.
20
‘‘(3) WAIVER.—The Secretary may waive the
21
requirement of paragraph (1) for a State, for one
22
fiscal year at a time, and the provisions of para-
23
graph (2) shall have no effect for such fiscal year if
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the Secretary determines that granting a waiver
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•HR 4638 IH
would be equitable due to exceptional or uncontrol-
1
lable circumstances such as a natural disaster or a
2
precipitous and unforeseen decline in the financial
3
resources of the State.’’.
4
SEC. 5. COLLEGE AND UNIVERSITY RESPONSIBILITY.
5
(a) PROGRAM PARTICIPATION AGREEMENTS.—Sec-
6
tion 487 of the Higher Education Act of 1965 (20 U.S.C.
7
1094) is amended—
8
(1) in subsection (a), by adding at the end the
9
following:
10
‘‘(30) The institution will put a prominent link
11
on the homepage of the institution’s primary website
12
that goes directly to a report of a standard set of
13
key performance indicators with respect to the insti-
14
tution, as described in subsection (k).’’; and
15
(2) by adding at the end the following:
16
‘‘(k) PERFORMANCE INDICATORS.—
17
‘‘(1) IN GENERAL.—The key performance indi-
18
cators under this subsection are the following:
19
‘‘(A)(i) Graduation rates—
20
‘‘(I) at 100 percent of the normal
21
time for graduation;
22
‘‘(II) at 150 percent of the normal
23
time for graduation;
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•HR 4638 IH
‘‘(III) at 200 percent of the normal
1
time for graduation; and
2
‘‘(IV) each of which is disaggregated
3
by age (25 years old and younger, and
4
older than 25 years old), income, race and
5
ethnicity, and first-generation college sta-
6
tus.
7
‘‘(ii) Transfer out rates. Each such rate
8
shall be disaggregated by age (25 years old and
9
younger, and older than 25 years old), income,
10
race and ethnicity, and first-generation college
11
status.
12
‘‘(iii) Withdrawal rates, including rates of
13
students who withdraw from a certificate pro-
14
gram to seek employment in a related field of
15
study.
16
‘‘(B) Employment outcomes, including the
17
following:
18
‘‘(i) The average salary of a graduate
19
3 years after graduation.
20
‘‘(ii) The percentage of graduates
21
who, 180 days after graduation—
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‘‘(I) are employed full-time;
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‘‘(II) are employed part-time;
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•HR 4638 IH
‘‘(III) are employed in the grad-
1
uate’s field of study or certificate; and
2
‘‘(IV) make more than $25,000 a
3
year.
4
‘‘(iii) The cohort repayment rate.
5
‘‘(C) Student satisfaction rate as indicated
6
by a survey of all students and recent alumni
7
with the following 2 questions using a 5-point
8
Likert scale:
9
‘‘(i) How satisfied are you with your
10
educational experience at [name of institu-
11
tion]?
12
‘‘(ii) If you were making the decision
13
today, how likely would you be to choose to
14
attend [name of institution] again?
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‘‘(D) The percentage of students who con-
16
tinue enrollment at the institution after the
17
first year of enrollment.
18
‘‘(E) The average net price for the institu-
19
tion’s most recent cohort of graduates, disag-
20
gregated by income quartile.
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‘‘(F) The average annual net price for full-
22
time attendance, broken out by tuition, fees, liv-
23
ing costs, and other (indirect) costs.
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•HR 4638 IH
‘‘(G) The median time to degree comple-
1
tion.
2
‘‘(H) The percentage of enrolled students
3
with student loan debt.
4
‘‘(I) The average student loan debt at time
5
of graduation for the most recent cohort of
6
graduates who borrowed money.
7
‘‘(J) The average student loan debt at time
8
of withdrawal for the most recent cohort of
9
non-graduates who borrowed money.
10
‘‘(2) COHORT REPAYMENT RATE.—
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‘‘(A) IN GENERAL.—In this subsection, the
12
term ‘cohort repayment rate’ means, for any
13
fiscal year beginning with fiscal year 2023—
14
‘‘(i) in the case in which 30 or more
15
borrowers at the institution enter repay-
16
ment on Federal Direct Stafford Loans,
17
Federal
Direct
Unsubsidized
Stafford
18
Loans, Federal Direct PLUS Loans, or
19
Federal Direct Consolidation Loans, re-
20
ceived for attendance at the institution, the
21
percentage of those borrowers who are not
22
in default and who make at least a one
23
dollar reduction on their initial student
24
loan principal balance before the end of the
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•HR 4638 IH
second fiscal year following the fiscal year
1
in which the borrowers entered repayment,
2
except as provided in subparagraph (B);
3
and
4
‘‘(ii) in the case in which less than 30
5
borrowers at the institution enter repay-
6
ment on Federal Direct Stafford Loans,
7
Federal
Direct
Unsubsidized
Stafford
8
Loans, Federal Direct PLUS Loans, or
9
Federal Direct Consolidation Loans, re-
10
ceived for attendance at the institution, the
11
percentage of those borrowers plus all of
12
the borrowers at the institution who en-
13
tered repayment on such loans (or on the
14
portion of a loan made under section 428C
15
that is used to repay any such loans) in
16
the 3 fiscal years preceding the fiscal year
17
for which the determination is made, who
18
are not in default and who make at least
19
a one dollar reduction on their initial stu-
20
dent loan principal balance before the end
21
of the second fiscal year following the year
22
in which the borrowers entered repayment,
23
except as provided in subparagraph (B).
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•HR 4638 IH
‘‘(B) EXCEPTION.—The ‘cohort repayment
1
rate’ calculation under subparagraph (A) shall
2
not include in the calculation a
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