Library / Laws / 113th / hr / H.R. 2155 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2155
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Fattah (for
himself and Mr. Hinojosa) introduced
the following bill; which was referred to the
Committee on Education and the
Workforce
A BILL
To award grants in order to establish longitudinal
personal college readiness and savings online platforms for low-income
students.
1.
Short title
This Act may be cited as the
American Dream Accounts Act of
2013.
2.
Findings
Congress finds the following:
(1) Only 9.8 out of
every 100 individuals from low-income families will graduate from an
institution of higher education before reaching the age of 24.
(2) Lack of knowledge
about how to apply to, and pay for, an institution of higher education is a
barrier for many low-income students and students who would be in the first
generation in their families to attend an institution of higher
education.
(3) According to
Public Agenda, most young adults give secondary school counselors fair or poor
ratings for advice about attending an institution of higher education,
including advice about how to decide what institution of higher education to
attend, how to pay for higher education, what careers to pursue, and how to
apply to an institution of higher education.
(4) More than
1,700,000 students fail to file the Free Application for Federal Student Aid
(FAFSA), and about one-third of such students would qualify for a Federal Pell
Grant.
(5) During the last 2
decades, costs of attending institutions of higher education have increased
dramatically, but need-based financial aid has not kept pace with such
increasing costs.
(6) In the 1990–1991
school year, the maximum Federal Pell Grant covered 45 percent of the average
cost of attendance at a public 4-year institution of higher education
(including tuition, fees, room, and board), but in the 2010–2011 school year,
the maximum Federal Pell Grant covered only 34 percent of such cost.
(7) Parental and youth
college savings are strong predictors of a youth’s expectations about
attendance at an institution of higher education.
(8) Only 32 percent of
parents who earn less than $35,000 a year are saving for their child’s
education at an institution of higher education.
(9) According to the
Center for Social Development, “wilt” occurs when a young person who expects to
graduate from a 4-year institution of higher education has not yet attended
such institution by the ages of 19 to 22.
(10) Children who have
savings dedicated for attendance at an institution of higher education are 4
times more likely to attend a 4-year institution of higher education and avoid
wilt.
3.
Definitions
In this Act:
(1)
ESEA
Definitions
The terms local educational agency,
parent, State educational agency, and
Secretary shall have the meanings given the terms in section 9101
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) and the
term charter school shall have the meaning given the term in
section 5210 of such Act.
(2)
American Dream
Account
The term American Dream Account means a
personal online account for low-income students that monitors higher education
readiness and includes a college savings account.
(3)
Appropriate
Committees of Congress
The term appropriate committees of
Congress means the Committee on Health, Education, Labor, and Pensions,
the Committee on Appropriations, and the Committee on Finance of the Senate,
and the Committee on Education and the Workforce, the Committee on
Appropriations, and the Committee on Ways and Means of the House of
Representatives, as well as any other Committee of the Senate or House of
Representatives that the Secretary determines appropriate.
(4)
College Savings
Account
The term college savings account means a
savings account that—
(A) provides some
tax-preferred accumulation;
(B) is widely
available (such as Qualified Tuition Programs under section 529 of the Internal
Revenue Code of 1986 or Coverdell Education Savings Accounts under section 530
of the Internal Revenue Code of 1986); and
(C) contains funds
that may be used only for the costs associated with attending an institution of
higher education, including—
(i) tuition and
fees;
(ii) room and
board;
(iii) textbooks;
(iv) supplies and
equipment; and
(v) Internet
access.
(5)
Dual Enrollment
Program
The term dual enrollment program means an
academic program through which a secondary school student is able
simultaneously to earn credit toward a secondary school diploma and a
postsecondary degree or credential.
(6)
Eligible
Entity
The term eligible entity means—
(A) a State
educational agency;
(B) a local
educational agency;
(C) a charter
school;
(D) a charter
management organization;
(E) an institution of
higher education;
(F) a nonprofit
organization;
(G) an entity with
demonstrated experience in educational savings or in assisting low-income
students to prepare for, and attend, an institution of higher education;
or
(H) a consortium of 2
or more of the entities described in subparagraphs (A) through (G).
(7)
Institution of
Higher Education
The term institution of higher
education has the meaning given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(8)
Low-income
student
The term low-income student means a student
who is eligible to receive a free or reduced price lunch under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
4.
Grant
Program
(a)
Program
Authorized
The Secretary is
authorized to award grants, on a competitive basis, to eligible entities to
enable such eligible entities to establish and administer American Dream
Accounts for a group of low-income students.
(b)
Reservation
From
the amount appropriated each fiscal year to carry out this Act, the Secretary
shall reserve not more than 5 percent of such amount to carry out the
evaluation activities described in section 7(a).
(c)
Duration
A
grant awarded under this Act shall be for a period of not more than 3 years.
The Secretary may extend such grant for an additional 2-year period if the
Secretary determines that the eligible entity has demonstrated significant
progress, based on the factors described in section 5(b)(11).
5.
Applications;
Priority
(a)
In
General
Each eligible entity desiring a grant under this Act
shall submit an application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
(b)
Contents
At
a minimum, the application described in subsection (a) shall include the
following:
(1) A
description of the characteristics of a group of not less than 30 low-income
public school students who—
(A) are, at the time
of the application, attending a grade not higher than grade 9; and
(B) will, under the
grant, receive an American Dream Account.
(2) A
description of how the eligible entity will engage, and provide support (such
as tutoring and mentoring for students, and training for teachers and other
stakeholders) either online or in person, to—
(A) the students in
the group described in paragraph (1);
(B) the family members
and teachers of such students; and
(C) other stakeholders
such as school administrators and school counselors.
(3) An identification
of partners who will assist the eligible entity in establishing and sustaining
American Dream Accounts.
(4) A
description of what experience the eligible entity or the eligible entity's
partners have in managing college savings accounts, preparing low-income
students for postsecondary education, managing online systems, and teaching
financial literacy.
(5) A
demonstration that the eligible entity has sufficient resources to provide an
initial deposit into the college savings account portion of each American Dream
Account.
(6) A
description of how the eligible entity will help increase the value of the
college savings account portion of each American Dream Account, such as by
providing matching funds or incentives for academic achievement.
(7) A
description of how the eligible entity will notify each participating student
in the group described in paragraph (1), on a semiannual basis, of the current
balance and status of the student’s college savings account portion of the
student’s American Dream Account.
(8) A
plan that describes how the eligible entity will monitor participating students
in the group described in paragraph (1) to ensure that each student's American
Dream Account will be maintained if a student in such group changes schools
before graduating from secondary school.
(9) A
plan that describes how the American Dream Accounts will be managed for not
less than 1 year after a majority of the students in the group described in
paragraph (1) graduate from secondary school.
(10) A description of
how the eligible entity will encourage students in the group described in
paragraph (1) who fail to graduate from secondary school to continue their
education.
(11) A description of
how the eligible entity will evaluate the grant program, including by
collecting, as applicable, the following data about the students in the group
described in paragraph (1) during the grant period, and, if sufficient grant
funds are available, after the grant period:
(A) Attendance
rates.
(B) Progress
reports.
(C) Grades and course
selections.
(D) The student
graduation rate, as defined in section 1111(b)(2)(C)(vi) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vi)).
(E) Rates of student
completion of the Free Application for Federal Student Aid described in section
483 of the Higher Education Act of 1965 (20 U.S.C. 1090).
(F) Rates of
enrollment in an institution of higher education.
(G) Rates of
completion at an institution of higher education.
(12) A description of
what will happen to the funds in the college savings account portion of the
American Dream Accounts that are dedicated to participating students described
in paragraph (1) who have not matriculated at an institution of higher
education at the time of the conclusion of the period of American Dream Account
management described in paragraph (9).
(13) A description of
how the eligible entity will ensure that funds in the college savings account
portion of the American Dream Accounts will not make families ineligible for
public assistance.
(14) A description of
how the eligible entity will ensure that participating students described in
paragraph (1) will have access to the Internet.
(c)
Priority
In
awarding grants under this Act, the Secretary shall give priority to
applications from eligible entities that—
(1) are described in
section 3(6)(H);
(2) serve the largest
number of low-income students; or
(3) in the case of an
eligible entity described in subparagraphs (A) or (B) of section 3(6), provide
opportunities for participating students described in paragraph (1) to
participate in a dual enrollment program at no cost to the student.
6.
Authorized
Activities
(a)
In
general
An eligible entity that receives a grant under this Act
shall use such grant funds to establish an American Dream Account for each
participating student described in section 5(b)(1), which will be used
to—
(1) open a college
savings account for such student;
(2) monitor the
progress of such student online, which—
(A) shall include
monitoring student data relating to—
(i) grades and course
selections;
(ii) progress reports;
and
(iii) attendance and
disciplinary records; and
(B) may also include
monitoring student data relating to a broad range of information, provided by
teachers and family members, related to postsecondary education readiness,
access, and completion;
(3) provide
opportunities for such students, either online or in person, to learn about
financial literacy, including by—
(A) assisting such
students in financial planning for enrollment in an institution of higher
education; and
(B) assisting such
students in identifying and applying for financial aid (such as loans, grants,
and scholarships) for an institution of higher education;
(4) provide
opportunities for such students, either online or in person, to learn about
preparing for enrollment in an institution of higher education, including by
providing instruction to students about—
(A) choosing the
appropriate courses to prepare for postsecondary education;
(B) applying to an
institution of higher education;
(C) building a student
portfolio, which may be used when applying to an institution of higher
education;
(D) selecting an
institution of higher education;
(E) choosing a major
for the student's postsecondary program of education or a career path;
and
(F) adapting to life
at an institution of higher education; and
(5) provide
opportunities for such students, either online or in person, to identify skills
or interests, including career interests.
(b)
Access to
American Dream Account
(1)
In
General
Subject to paragraphs (3) and (4), and in accordance with
applicable Federal laws and regulations relating to privacy of information and
the privacy of children, an eligible entity that receives a grant under this
Act shall allow vested stakeholders, as described in paragraph (2), to have
secure access, through the Internet, to an American Dream Account.
(2)
Vested
Stakeholders
The vested stakeholders that an eligible entity
shall permit to access an American Dream Account are individuals (such as the
student's teachers, school counselors, counselors at an institution of higher
education, school administrators, or other individuals) that are designated, in
accordance with the Family Educational Rights and Privacy Act of 1974 (20
U.S.C. 1232g), by the parent of a participating student in whose name such
American Dream Account is held, as having permission to access the account. A
student's parent may withdraw such designation from an individual at any
time.
(3)
Exception for
College Savings Account
An eligible entity that receives a grant
under this Act shall not be required to give vested stakeholders, as described
in paragraph (2), access to the college savings account portion of a student's
American Dream Account.
(4)
Adult
Students
Notwithstanding paragraphs (1), (2), and (3), if a
participating student is age 18 or older, an eligible entity that receives a
grant under this Act shall not provide access to such participating student's
American Dream Account without the student's consent, in accordance with the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
(5)
Input of Student
Information
Student data collected pursuant to subsection
(a)(2)(A) shall be entered into an American Dream Account only by a school
administrator or such administrator's designee.
(c)
Prohibition on
use of student information
An eligible entity that receives a
grant under this Act shall not use any student-level information or data for
the purpose of soliciting, advertising, or marketing any financial or
non-financial consumer product or service that is offered by such eligible
entity, or on behalf of any other person.
(d)
Prohibition on
the use of grant funds
An eligible entity shall not use grant
funds provided under this Act to provide the initial deposit into a college
savings account portion of a student's American Dream Account.
7.
Reports and
Evaluations
(a)
In
general
Not later than 1 year after the Secretary has disbursed
grants under this Act, and annually thereafter until each grant disbursed under
section 4 has ended, the Secretary shall prepare and submit a report to the
appropriate committees of Congress, which shall include an evaluation of the
effectiveness of the grant program established under this Act.
(b)
Contents
The
report described in subsection (a) shall—
(1) list the grants
that have been awarded under section 4(a);
(2) include the number
of students who have an American Dream Account established through a grant
awarded under section 4(a);
(3) provide data
(including the interest accrued on college savings accounts that are part of an
American Dream Account) in the aggregate, regarding students who have an
American Dream Account established through a grant awarded under section 4(a),
as compared to similarly situated students who do not have an American Dream
Account;
(4) identify best
practices developed by the eligible entities receiving grants under this
Act;
(5) identify any
issues related to student privacy and stakeholder accessibility to American
Dream Accounts;
(6) provide feedback
from participating students and the parents of such students about the grant
program, including—
(A) the impact of the
program;
(B) aspects of the
program that are successful;
(C) aspects of the
program that are not successful; and
(D) any other data
required by the Secretary; and
(7) provide
recommendations for expanding the American Dream Accounts program.
8.
Eligibility to
receive Federal student financial aid
Notwithstanding any other provision of law,
any funds that are in the college savings account portion of a student's
American Dream Account shall not affect such student's eligibility to receive
Federal student financial aid, including any Federal student financial aid
under the Higher Education Act of 1965 (20 U.S.C. 1001), and shall not be
considered in determining the amount of any such Federal student aid.
9.
Authorization of
Appropriations
There are
authorized to be appropriated to carry out this Act $3,000,000 for fiscal year
2013, from existing Department of Education funds, and such sums as may be
necessary for each subsequent fiscal year.
10.
Conforming
Amendment
Section 480(j) of
the Higher Education Act of 1965 (20 U.S.C. 1087vv(j)) is amended by adding at
the end the following:
(5) Notwithstanding
paragraph (1), amounts made available under the college savings account portion
of an American Dream Account under the American Dream Accounts Act of 2013 shall
not be treated as estimated financial assistance for purposes of section
471(3).
.