Partnerships for Affordability and Student Success Act

II 116TH CONGRESS 1ST SESSION S. 3028 To amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education. IN THE SENATE OF THE UNITED STATES DECEMBER 11, 2019 Mr. REED (for himself and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to strengthen Federal-State partnerships in postsecondary education. 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 ‘‘Partnerships for Af- 4 fordability and Student Success Act’’. 5 SEC. 2. STATE COMMITMENT TO AFFORDABLE COLLEGE 6 EDUCATION. 7 Section 137 of the Higher Education Act of 1965 (20 8 U.S.C. 1015f) is amended— 9 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 2 •S 3028 IS (1) by striking subsection (a) and inserting the 1 following: 2 ‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—For 3 the academic year beginning on July 1, 2020, and for each 4 of the 4 succeeding academic years, a State shall— 5 ‘‘(1) maintain State support for institutions of 6 higher education (not including support for capital 7 projects or research and development, or tuition and 8 fees paid by students) at a level that is equal to or 9 greater than the average level of such support for 10 the 3 most recent academic years for which satisfac- 11 tory data are available; and 12 ‘‘(2) maintain State support for student finan- 13 cial aid for paying costs associated with postsec- 14 ondary education at a level that is equal to or great- 15 er than the average level of such support for the 3 16 most recent academic years for which satisfactory 17 data are available.’’; 18 (2) by striking subsection (c) and inserting the 19 following: 20 ‘‘(c) WAIVER.— 21 ‘‘(1) IN GENERAL.—The Secretary shall waive 22 the requirements of subsection (a) if the Secretary 23 determines that such a waiver would be appropriate 24 due to exceptional or uncontrollable circumstances, 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 3 •S 3028 IS such as a natural disaster or a precipitous decline in 1 the financial resources of a State or State edu- 2 cational agency, as appropriate. 3 ‘‘(2) CONSULTATION.—The Secretary shall con- 4 sult with the States in developing the criteria and 5 procedures for reviewing waiver requests. 6 ‘‘(3) TIMELINE.—Not later than 120 days after 7 the date of enactment of the Partnerships for Af- 8 fordability and Student Success Act, the Secretary 9 shall publish the criteria and procedures for review- 10 ing waiver requests under this subsection.’’; and 11 (3) by striking subsection (d). 12 SEC. 3. FEDERAL AND STATE PARTNERSHIPS FOR COL- 13 LEGE ACCESS, AFFORDABILITY, AND COM- 14 PLETION. 15 Subpart 4 of part A of title IV of the Higher Edu- 16 cation Act of 1965 (20 U.S.C. 1070c et seq.) is amended 17 to read as follows: 18 ‘‘Subpart 4—Federal and State Partnerships for 19 College Access, Affordability, and Completion 20 ‘‘SEC. 415A. PURPOSE. 21 ‘‘It is the purpose of this subpart for the Secretary 22 to make incentive grants to States to assist States in— 23 ‘‘(1) providing grants to eligible students at- 24 tending institutions of higher education or partici- 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 4 •S 3028 IS pating in programs of study abroad that are ap- 1 proved for credit by institutions of higher education 2 at which such students are enrolled; 3 ‘‘(2) reducing the cost of attendance at public 4 institutions of higher education; 5 ‘‘(3) providing subgrants to eligible institutions 6 or consortia of eligible institutions— 7 ‘‘(A) to improve student outcomes, such as 8 completion and transfer rates, attainment of 9 postsecondary degrees and credentials, and 10 workforce outcomes for graduates; and 11 ‘‘(B) to develop and implement practices 12 that result in reduced costs for students; and 13 ‘‘(4) providing public accountability and con- 14 sumer information on the performance of institu- 15 tions of higher education operating within the State. 16 ‘‘SEC. 415B. STATE ELIGIBILITY; ELIGIBLE INSTITUTIONS. 17 ‘‘(a) INCENTIVE GRANTS.—The Secretary shall 18 award incentive grants, in accordance with the provisions 19 of this subpart, to States to pay the Federal share of the 20 cost of carrying out the activities described in paragraphs 21 (1) through (3) of section 415A. The incentive grant shall 22 consist of the allotment determined for the State under 23 section 415C. 24 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 5 •S 3028 IS ‘‘(b) STATE ELIGIBILITY.—In order to be eligible to 1 receive an incentive grant under this subpart, a State shall 2 enter into an agreement with the Secretary. The agree- 3 ment shall contain the following assurances: 4 ‘‘(1) Federal funds received by the State under 5 this subpart will supplement and not supplant other 6 Federal and State funds otherwise available to carry 7 out activities described in this subpart. 8 ‘‘(2) The State will maintain its commitment to 9 affordable higher education as described in section 10 137. 11 ‘‘(3) The State will fulfill its role in program in- 12 tegrity under section 495. 13 ‘‘(4) The State or a State-designated entity has 14 or will develop a comprehensive plan for public post- 15 secondary education that addresses the following: 16 ‘‘(A) Measurable goals for student out- 17 comes, including enrollment, completion, and 18 attainment of postsecondary degrees and cre- 19 dentials. 20 ‘‘(B) Measurable goals for college afford- 21 ability in the State. 22 ‘‘(C) Alignment of such plan with the eco- 23 nomic development plans that the State may 24 have, including the unified State plan submitted 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 6 •S 3028 IS under section 102 of the Workforce Innovation 1 and Opportunity Act. 2 ‘‘(D) Alignment of such plan with the ele- 3 mentary and secondary education plan for the 4 State. 5 ‘‘(E) The postsecondary educational needs 6 of unserved and underserved individuals within 7 the State, including individuals beyond tradi- 8 tional college age and students attending part 9 time. 10 ‘‘(5) The State provides for direct, equitable, 11 and active participation by representatives of institu- 12 tions of higher education, including the voluntary 13 participation of private, nonprofit institutions of 14 higher education, and other stakeholders in the com- 15 prehensive planning process. 16 ‘‘(c) ELIGIBLE INSTITUTIONS.—In this subpart, the 17 term ‘eligible institution’ means— 18 ‘‘(1) an institution of higher education, as de- 19 fined in section 101(a); 20 ‘‘(2) an institution of higher education, as de- 21 fined in section 101(a), in partnership with— 22 ‘‘(A) a nonprofit or community-based orga- 23 nization that has demonstrated success in im- 24 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 7 •S 3028 IS proving student outcomes in postsecondary edu- 1 cation; or 2 ‘‘(B) a local workforce investment board; 3 or 4 ‘‘(3) a consortium of institutions of higher edu- 5 cation, as defined in section 101(a). 6 ‘‘SEC. 415C. ALLOTMENT AMONG STATES. 7 ‘‘(a) ALLOTMENT BASED ON NUMBER OF ELIGIBLE 8 STUDENTS IN ATTENDANCE.— 9 ‘‘(1) IN GENERAL.—Except as provided in sub- 10 section (b), from the sums appropriated under sec- 11 tion 415H for a fiscal year, the Secretary shall allot 12 to each eligible State for such fiscal year an amount 13 equal to the sum of— 14 ‘‘(A) an amount that bears the same rela- 15 tionship to 50 percent of the amount appro- 16 priated under section 415H for such fiscal year 17 as the number of residents in the State aged 5 18 through 17 who are living below the poverty 19 line applicable to the resident’s family size (as 20 determined under section 673(2) of the Com- 21 munity Services Block Grant Act (42 U.S.C. 22 9902)) bears to the total number of such resi- 23 dents in all States; and 24 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 8 •S 3028 IS ‘‘(B) an amount that bears the same rela- 1 tionship to 50 percent of the amount appro- 2 priated under section 415H for such fiscal year 3 as the number of residents in the State aged 25 4 and older who have not attained a postsec- 5 ondary degree or credential (as determined by 6 the American Community Survey) bears to the 7 total number of such residents in all States. 8 ‘‘(2) DATA.—The Secretary shall calculate such 9 ratio based on data for the most recent year for 10 which satisfactory data are available. 11 ‘‘(b) MINIMUM ALLOTMENT.—The amount of any eli- 12 gible State’s allotment under subsection (a) for any fiscal 13 year may not be less than 1 percent of the sums appro- 14 priated under section 415H for such year. 15 ‘‘(c) REALLOTMENT.—The amount of any State’s al- 16 lotment under subsection (a) for any fiscal year which the 17 Secretary determines will not be required for such fiscal 18 year for the Federal-State partnership program of that 19 State shall be available for reallotment from time to time, 20 on such dates during such year as the Secretary may fix, 21 to other States in proportion to the original allotments to 22 such States under such subsection for such year, but with 23 such proportionate amount for any of such States being 24 reduced to the extent it exceeds the sum the Secretary 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 9 •S 3028 IS estimates such State needs and will be able to use for such 1 year for carrying out the State plan. The total of such 2 reductions shall be similarly reallotted among the States 3 whose proportionate amounts were not so reduced. 4 ‘‘(d) ALLOTMENTS SUBJECT TO COMPLIANCE.—The 5 Secretary shall make payments for incentive grants under 6 this subpart only to States that continue to meet the re- 7 quirements of this subpart. 8 ‘‘SEC. 415D. APPLICATIONS. 9 ‘‘(a) IN GENERAL.—In order to receive an incentive 10 grant under this subpart, the State agency with jurisdic- 11 tion over higher education, or another agency or entity 12 designated by the Governor or chief executive of the State 13 to administer the program under this subpart, shall sub- 14 mit an application to the Secretary at such time, in such 15 manner, and accompanied by such information as the Sec- 16 retary may require. 17 ‘‘(b) CONTENT OF APPLICATION.—An application 18 submitted under subsection (a) shall contain— 19 ‘‘(1) a description of how grant funds will assist 20 the State in meeting its goals for student outcomes, 21 including enrollment, completion, and attainment of 22 postsecondary degrees and credentials; 23 ‘‘(2) a description of how the grant funds will 24 assist the State in meeting its goals for college af- 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 10 •S 3028 IS fordability, including any measures to minimize tui- 1 tion costs at public institutions of higher education 2 and measures to increase the availability of need- 3 based student aid; 4 ‘‘(3) a description of how grant funds will assist 5 the State in meeting the postsecondary needs of 6 underrepresented or underserved populations in the 7 State, including individuals beyond traditional col- 8 lege age and students attending part time; 9 ‘‘(4) a description of how the State’s com- 10 prehensive plan for public higher education is 11 aligned with the workforce and economic develop- 12 ment plans of the State; 13 ‘‘(5) a description of the process the State will 14 use to make subgrants to eligible institutions or con- 15 sortia of eligible institutions; 16 ‘‘(6) a description of how the State will evaluate 17 the effectiveness of such subgrants and how the 18 State will disseminate information on promising 19 practices developed as a result of such subgrants; 20 ‘‘(7) a description of how the State will make 21 publicly available an annual report on the progress 22 in meeting State goals for public postsecondary edu- 23 cation; and 24 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 11 •S 3028 IS ‘‘(8) a description of the stakeholder consulta- 1 tion, including efforts to engage the voluntary par- 2 ticipation of private, nonprofit institutions, carried 3 out in the development of the application. 4 ‘‘(c) APPROVAL.— 5 ‘‘(1) IN GENERAL.—An application submitted 6 under subsection (a) shall be subject to the approval 7 of Secretary. 8 ‘‘(2) TIMELINE.—An application submitted 9 under subsection (a) shall be considered to be ap- 10 proved at the end of the 90-day period beginning on 11 the day the application is submitted, unless the Sec- 12 retary makes a written determination, during the 13 90-day period, that the application is inconsistent 14 with the provisions of this subpart. 15 ‘‘SEC. 415E. PAYMENT OF FEDERAL SHARE OF GRANTS. 16 ‘‘(a) IN GENERAL.— 17 ‘‘(1) DISTRIBUTION.—A State awarded an in- 18 centive grant under this subpart— 19 ‘‘(A) shall use grant funds to award stu- 20 dent grants; and 21 ‘‘(B) may use grant funds to award sub- 22 grants to eligible institutions. 23 ‘‘(2) GRANTS TO STUDENTS.—A State awarded 24 an incentive grant under this subpart shall establish 25 VerDate Sep 11 2014 03:50 Dec 14, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3028.IS S3028 kjohnson on DSK79L0C42 with BILLS 12 •S 3028 IS a program to award grants to students that complies 1 with the following: 2 ‘‘(A) The program is administered by a 3 single State agency. 4 ‘‘(B) The program provides that an insti- 5 tution of higher education that had a student 6 who received funds under this subpart at any 7 time beginning on July 1, 2010, through the 8 day before the date of enactment of the Part- 9 nerships for Affordability and Student Success 10 Act and that is eligible to participate in a pro- 11 gram authorized under this title [Text truncated for display. 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