,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgfg ,,in ,,the ,,house ,,of ,,representatives ,may #bi1 #bjad ,mr4 ,hinojosa 7for himself1 ,mr4 ,grijalva1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,fattah1 and ,ms4 ,velzquez7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce ,a ,,bill ,to amend the ,higher ,education ,act of #aife to strengthen ,federal-,state partnerships in postsecondary education4 #a4 ,short title ,this ,act may be cited as the ,partnerships for ,affordability and ,student ,success ,act4 #b4 ,state commitment to affordable college education ,section #acg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;f7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,maintenance of effort required ,for the academic year beginning on ,july #a1 #bjad1 and for each of the #d succeeding academic years1 a ,state shall-- 7#a7 maintain ,state support for institutions of higher education 7not including support for capital projects or research and development1 or tuition and fees paid by students7 at least at the level of such support for the academic year beginning on ,july #a1 #bjab2 and 7#b7 maintain ,state support for student financial aid for paying costs associated with postsecondary education at least at the level of such support for the academic year beginning on ,july #a1 #bjab4 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,waiver 7#a7 ,in general ,the ,secretary shall waive the requirements of subsection 7a7 if the ,secretary determines that such a waiver would be appropriate due to exceptional or uncontrollable circumstances1 such as a natural disaster or a precipitous decline in the financial resources of a ,state or ,state educational agency1 as appropriate4 7#b7 ,no requirement to amend budget ,the ,secretary shall not require a ,state to make changes to an enacted budget as a condition of receiving a waiver under paragraph 7#a74 7#c7 ,consultation ,the ,secretary shall consult with the ,states in developing the criteria and procedures for reviewing waiver requests4 2 and 7#c7 by striking subsection 7d74 #c4 ,federal and ,state partnerships for college access1 affordability1 and completion ,subpart #d of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;c et seq47 is amended to read as follows3 #d ,federal and ,state partnerships for college access1 affordability1 and completion #dae;,a4 ,purpose ,it is the purpose of this subpart for the ,secretary to make incentive grants to ,states to assist ,states in-- 7#a7 providing grants to eligible students attending institutions of higher education or participating in programs of study abroad that are approved for credit by institutions of higher education at which such students are enrolled2 7#b7 providing subgrants to eligible institutions or consortia of eligible institutions-- 7,a7 to improve student outcomes1 such as completion and transfer rates and workforce outcomes for graduates2 and 7,b7 to develop and implement practices that result in reduced costs for students2 and 7#c7 providing public accountability and consumer information on the performance of institutions of higher education operating within the ,state4 #dae;,b4 ,state eligibility2 definitions 7a7 ,incentive grants ,the ,secretary shall award incentive grants1 in accordance with the provisions of this subpart1 to ,states to pay the ,federal share of the cost of carrying out the activities described in paragraphs 7#a7 through 7#c7 of section #dae;,a4 ,the incentive grant shall consist of the allotment determined for the ,state under section #dae;,c4 7b7 ,state eligibility ,in order to be eligible to receive an incentive grant under this subpart1 a ,state shall enter into an agreement with the ,secretary4 ,the agreement shall contain the following assurances3 7#a7 ,federal funds received by the ,state under this subpart will supplement and not supplant other ,federal and ,state funds otherwise available to carry out activities described in this subpart4 7#b7 ,the ,state will maintain its commitment to affordable higher education as described in section #acg4 7#c7 ,the ,state will fulfill its role in program integrity under section #die4 7#d7 ,the ,state has a comprehensive plan for public postsecondary education that addresses the following3 7,a7 ,measurable goals for student outcomes1 including enrollment1 participation1 and completion rates4 7,b7 ,measurable goals for college affordability in the ,state4 7,c7 ,alignment of such plan with the workforce and economic development plans of the ,state4 7,d7 ,alignment of such plan with the elementary and secondary education plan for the ,state4 7,e7 ,the postsecondary educational needs of unserved and underserved individuals within the ,state1 including individuals beyond traditional college age4 7#e7 ,the ,state provides for direct1 equitable1 and active participation by representatives of institutions of higher education1 including the voluntary participation of private1 nonprofit institutions of higher education1 and other stakeholders in the comprehensive planning process4 7c7 ,definitions ,in this subpart3 7#a7 ,eligible institution ,the term eligible institution means-- 7,a7 an institution of higher education2 7,b7 an institution of higher education in partnership with-- 7i7 a nonprofit or community-based organization that has demonstrated success in improving student outcomes in postsecondary education2 or 7ii7 a local workforce investment board2 or 7,c7 a consortium of institutions of higher education4 7#b7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a74 #dae;,c4 ,allotment among states 7a7 ,allotment based on number of eligible students in attendance ,except as provided in subsection 7b71 from the sums appropriated under section #dae;,h for a fiscal year1 the ,secretary shall allot to each eligible ,state for such fiscal year an amount that bears the same ratio to such sums as the number of students residing in such ,state who are eligible for a ,federal ,pell ,grant bears to the total number of such students in all the eligible ,states4 ,the ,secretary shall calculate such ratio based on data for the most recent year for which satisfactory data are available4 7b7 ,minimum allotment ,the amount of any eligible ,state's allotment under subsection 7a7 for any fiscal year may not be less than #a percent of the sums appropriated under section #dae;,h for such year4 7c7 ,reallotment ,the amount of any ,state's allotment under subsection 7a7 for any fiscal year which the ,secretary determines will not be required for such fiscal year for the ,federal-,state partnership program of that ,state shall be available for reallotment from time to time1 on such dates during such year as the ,secretary may fix1 to other ,states in proportion to the original allotments to such ,states under such subsection for such year1 but with such proportionate amount for any of such ,states being reduced to the extent it exceeds the sum the ,secretary estimates such ,state needs and will be able to use for such year for carrying out the ,state plan4 ,the total of such reductions shall be similarly reallotted among the ,states whose proportionate amounts were not so reduced4 7d7 ,allotments subject to compliance ,the ,secretary shall make payments for incentive grants under this subpart only to ,states that continue to meet the requirements of this subpart4 #dae;,d4 ,applications 7a7 ,in general ,in order to receive an incentive grant under this subpart1 the ,state agency with jurisdiction over higher education1 or another agency or entity designated by the ,governor or chief executive of the ,state to administer the program under this subpart1 shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 7b7 ,content of application ,an application submitted under subsection 7a7 shall contain-- 7#a7 a description of how grant funds will assist the ,state in meeting its goals for student outcomes1 including enrollment and completion2 7#b7 a description of how the grant funds will assist the ,state in meeting its goals for college affordability1 including measures to minimize tuition increases and measures to increase the availability of need-based student aid2 7#c7 a description of how grant funds will assist the ,state in meeting the postsecondary needs of underrepresented or underserved populations in the ,state1 including how the ,state will use grant funds to strengthen the eligible institutions described in paragraphs 7#a7 through 7#g7 of section #cga7;a72 7#d7 a description of how the ,state's comprehensive plan for public higher education is aligned with the workforce and economic development plans of the ,state2 7#e7 a description of the process the ,state will use to make subgrants to eligible institutions or consortia of eligible institutions1 including eligible institutions described in paragraphs 7#a7 through 7#g7 of section #cga7;a72 7#f7 a description of how the ,state will evaluate the effectiveness of such subgrants and how the ,state will disseminate information on promising practices developed as a result of such subgrants2 7#g7 a description of how the ,state will make publicly available a report card on the progress in meeting ,state goals for public postsecondary education2 and 7#h7 a description of the stakeholder consultation1 including efforts to engage the voluntary participation of private1 nonprofit institutions1 carried out in the development of the application4 #dae;,e4 ,payment of ,federal share of grants 7a7 ,in general 7#a7 ,distribution ,a ,state awarded an incentive grant under this subpart-- 7,a7 shall use grant funds to award student grants2 and 7,b7 may use grant funds to award subgrants to eligible institutions4 7#b7 ,grants to students ,a ,state awarded an incentive grant under this subpart shall establish a program to award grants to students that complies with the following3 7,a7 ,the program is administered by a single ,state agency4 7,b7 ,the program provides that an institution of higher education that had a student who received funds under this subpart at any time beginning on ,july #a1 #bjaj1 through the day before the date of enactment of the ,partnerships for ,affordability and ,student ,success ,act and that is eligible to participate in a program authorized under this title1 shall be eligible to participate under this paragraph4 7,c7 ,the program provides that such grants to students will be in amounts not to exceed the student's cost of attendance per academic year for attendance at an institution of higher education4 ,such grants1 in combination with other ,state or ,federal student assistance1 shall not exceed the student's cost of attendance in any given academic year4 7,d7 ,the program provides for the selection of grant recipients on the basis of substantial financial need determined under part ,f and by the ,state4 7,e7 ,the program provides for the payment of the non-,federal share of such grants from funds supplied by such ,state which represent an additional expenditure for such year by such ,state for grants for students attending institutions of higher education over the amount expended by such ,state for such grants1 if any1 during the second fiscal year preceding the fiscal year in which such ,state initially received funds under this subpart4 7,f7 ,the program provides that if the ,state's allotment under this subpart is based1 in part1 on the financial need demonstrated by students who are independent students or attending the institution less than full time1 a reasonable proportion of the ,state's allotment shall be made available to such students4 7,g7 ,the program will notify students receiving grants under this subpart that such grants are ,federal-,state partnership grants and are funded by the ,federal ,government and the ,state4 7#c7 ,subgrants to eligible institutions ,a ,state awarded an incentive grant under this subpart may establish a program to award subgrants to eligible institutions that complies with the following3 7,a7 ,the program is administered by a single ,state agency4 7,b7 ,the program provides for the selection of subgrant recipients based on criteria set by the ,state agency4 7,c7 ,the program provides for subgrants that support activities that will assist the ,state in achieving-- 7i7 the ,state's measurable goals for student outcomes1 including enrollment1 participation1 and completion rates for underrepresented or underserved populations2 7ii7 the ,state's measurable goals for college affordability1 including innovative methods for reducing costs2 7iii7 improved workforce outcomes for graduates2 and 7iv7 the ,state's measurable goals for strengthening the eligible institutions described in paragraphs 7#a7 through 7#g7 of section #cga7;a74 7,d7 ,the program provides for the dissemination of promising practices developed through subgrant activities4 7#d7 ,fiscal control2 reports ,a ,state awarded an incentive grant under this subpart shall provide-- 7,a7 for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for ,federal funds paid under this subpart2 and 7,b7 for the making of such reports1 in such form and containing such information1 as may be reasonably necessary to enable the ,secretary to perform the ,secretary's functions under this subpart4 7b7 ,reservation and disbursement of allotments and reallotments 7#a7 ,in general ,upon approval of an application for an incentive grant under this subpart1 the ,secretary shall reserve from the applicable allotment 7including any applicable reallotment7 available1 the amount of such payment1 which 7subject to the limits of such allotment or reallotment7 shall be equal to the ,federal share of the cost of the grants to students or subgrants to eligible institutions or consortia of such institutions covered by such application4 7#b7 ,payment ,the ,secretary shall pay such reserved amount1 in advance or by way of reimbursement1 and in such installments as the ,secretary may determine4 7#c7 ,amendment ,the ,secretary may amend the reservation of any amount under this subsection1 either upon approval of an amendment of the application or upon revision of the estimated cost of the grants to students or subgrants to eligible institutions with respect to which such reservation was made4 ,if the ,secretary approves an upward revision of such estimated cost1 the ,secretary may reserve the ,federal share of the added cost only from the applicable allotment 7or reallotment7 available at the time of such approval4 7c7 ,federal share ,the ,federal share of the cost of carrying out the activities described in paragraphs 7#a7 through 7#c7 of section #dae;,a is equal to #ff4ff percent4 7d7 ,certain activities for which non-,federal share may be provided in cash or ,in kind ,for activities described in section #dae;,a7#b71 the non-,federal share may be provided in cash or in kind1 fairly evaluated4 7e7 ,reporting ,a ,state that desires to receive payments for continuing incentive grants under this subpart shall report the following information to the ,secretary on an annual basis3 7#a7 ,the ,state's progress in meeting its goals for college affordability1 including measures to minimize tuition increases at public institutions and measures to increase the availability of need-based student aid4 7#b7 ,the ,state's progress in meeting the postsecondary needs of underrepresented or underserved populations in the ,state1 including how the ,state is strengthening the eligible institutions described in paragraphs 7#a7 through 7#g7 of section #cga7;a74 7#c7 ,a list of any subgrants made to eligible institutions4 7#d7 ,the ,state's report card described in section #dae;,f4 #dae;,f4 ,state report cards ,each ,state that receives an allotment under this subpart shall report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education4 ,such report shall include-- 7#a7 information1 as determined by the ,state in consultation with stakeholders1 on student outcomes1 including enrollment1 participation1 and completion rates1 disaggregated by race1 ethnicity1 disability status1 and socio-economic status2 7#b7 information1 as determined by the ,state in consultation with stakeholders1 on workforce outcomes for graduates2 7#c7 information on college costs1 including tuition increases1 student indebtedness1 and the availability of need-based aid2 and 7#d7 information on the consumer complaints related to the performance of institutions of higher education reported to the ,state in the prior year4 #dae;,g4 ,participation of private1 nonprofit institutions of higher education 7a7 ,voluntary participation ,a private1 nonprofit institution of higher education may voluntarily elect to participate in a ,state's efforts under the plan described in section #dae;,b7b77#f74 ,a ,state-- 7#a7 shall not require any private1 nonprofit institution to participate in such efforts2 and 7#b7 may require such an institution that voluntarily elects to participate in such efforts to provide appropriate information to allow the ,state to assess the institution's progress towards the goals and activities described in subparagraphs 7,a7 through 7,e7 of section #dae;,b7b77#f74 7b7 ,rule of construction ,nothing in this subpart1 including voluntary participation described in subsection 7a71 shall be construed to-- 7#a7 authorize the ,secretary1 a ,state1 or an officer or employee of the ,department or of a ,state to exercise any direction1 supervision1 or control over a private1 nonprofit institution of higher education1 including control over curriculum1 program of instruction1 administration1 governance1 personnel1 articulation1 the awarding of credit1 graduation or degree requirements1 or admissions2 7#b7 authorize the ,secretary1 a ,state1 or an officer or employee of the ,department or of a ,state to require a private1 nonprofit institution of higher education to participate in a longitudinal data system2 or 7#c7 limit the application of the ,general ,education ,provisions ,act4 7c7 ,enforcement ,if any ,state fails or refuses to comply with any provision of this section1 the ,state shall no longer be eligible for assistance under this subpart4 #dae;,h4 ,authorization of appropriations2 reservations 7a7 ,in general ,there are authorized to be appropriated to carry out this subpart such sums as may be necessary for fiscal year #bjae and each of the #d succeeding fiscal years4 7b7 ,reservation ,not less than #gj percent of funds allocated to a ,state shall be reserved for providing grants to eligible students4 7c7 ,reservation for consumer information and administrative expenses ,not more than #h percent of the funds allocated to a ,state may be used to provide public accountability and consumer information on the performance of institutions of higher education and for administering the grant4 4