,,ii #aaeth ,,congress #b;d ,session ,s4 #bihf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #d1 #bjah,mr4 ,casey 7for himself1 ,mr4 ,booker1 and ,mr4 ,kaine7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to award grants to ,states to support efforts at institutions of higher education to increase degree attainment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,correctly ,recognizing ,educational ,achievements ,to ,empower ,graduates ,act or the ,,create ,graduates ,act4 #b4 ,create graduates ,title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq47 is amended by inserting after part ,b the following3 ,c ,create graduates #gea4 ,purpose ,the purpose of this part is to award grants to ,states to support efforts at institutions of higher education or within systems of higher education to increase postsecondary degree attainment by-- 7#a7 locating1 and conferring degrees to1 students who have accumulated sufficient applicable postsecondary credits and maintained a sufficient grade point average to earn an associate's degree but did not receive one2 7#b7 providing outreach to those students who are within #ab credits of earning an associate's degree2 and 7#c7 establishing partnerships between #b-year and #d-year institutions of higher education in ,states1 in order to strengthen the transition pathways into #d-year institutions of higher education for transfer students4 #geb4 ,grants to increase degree attainment 7a7 ,definition of institution of higher education ,in this section1 the term institution of higher education has the meaning given the term in section #aja7;a74 7b7 ,program authorized 7#a7 ,in general ,from amounts appropriated under subsection 7j71 the ,secretary shall award grants1 on a competitive basis1 to ,states to enable the ,states to carry out the activities described in subsections 7e7 and 7f7 in order to support efforts at institutions of higher education to increase degree attainment4 7#b7 ,partnerships allowed ,a ,state may apply for a grant under this section in partnership with a nonprofit organization4 ,in any such partnership1 the ,state higher education agency or other ,state agency described in subsection 7c77#a7 shall serve as the fiscal agent for purposes of the grant4 7c7 ,submission and contents of application 7#a7 ,in general ,the ,state1 acting through the ,state higher education agency or other ,state agency determined appropriate by the ,governor or chief executive officer of the ,state1 shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,an application submitted under paragraph 7#a7 shall include the following3 7,a7 ,a description of the ,state's capacity to administer the grant under this section and report annually to the ,secretary on the progress of the activities and services described in subsection 7e74 7,b7 ,a description of how the ,state will meet the purposes of the grant program under this part through outreach and memoranda of understanding with institutions of higher education1 including the ,state's plan for using grant funds to meet the requirements of subsections 7e7 and 7g7 and1 if the ,state elects to use grant funds under such subsection to create strong articulation agreements1 subsection 7f77#b74 7,c7 ,a description of how the ,state will coordinate with appropriate stakeholders1 including institutions of higher education1 data-sharing agencies within the ,state1 and other ,states4 7,d7 ,a description of-- 7i7 the structure that the ,state has in place to administer the activities and services described in subsection 7e71 including-- 7,i7 the capacity of the ,state's longitudinal data system to-- 7aa7 be clean of record duplication and ensure alignment of ,state and institutional credit completion records2 7bb7 include transfer flags and course and credit data to allow the ,state to run initial degree audits for institutions2 7cc7 include all postsecondary educational institutions in the ,state1 including public1 private nonprofit1 and private for-profit institutions2 and 7dd7 have in place mechanisms to share data across institutions1 systems1 and ,states2 7,,ii7 the capacity of the agency governing the ,state's longitudinal system to respond to data requests accurately and in a timely manner2 and 7,,iii7 the ,state's plan to protect student privacy with respect to data in the ,state longitudinal data system and comply with section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd72 or 7ii7 the ,state's plan to develop such administrative capacity as part of the activities carried out under the grant4 7d7 ,award basis and priority ,the ,secretary shall award grants under this section to ,states based on the quality of the applications submitted under subsection 7c74 ,in awarding grants under this section1 the ,secretary shall give priority to applications from ,states-- 7#a7 that do not have1 as of the time of the application1 statewide policies or statewide initiatives in place to retroactively award associate's degrees to students2 or 7#b7 that have a commitment to initiatives regarding the retroactive awarding of associate's degrees that will continue after the period of the grant4 7e7 ,mandatory use of funds 7#a7 ,subgrants ,a ,state that receives a grant under this section shall use not less than #hj percent of the grant funds provided to award subgrants1 on a competitive basis1 to institutions of higher education or systems of higher education4 ,each institution of higher education or system of higher education receiving a subgrant shall carry out all of the following activities and services1 pursuant to the conditions under subsection 7g73 7,a7 ,identify the group of students enrolled at the institution of higher education on the date of the identification and former students enrolled at the institution of higher education1 or at the institutions of higher education within the system of higher education1 as the case may be1 that1 based on the data held by the institution or system1 meet both of the following requirements3 7i7 ,each individual was enrolled in not less than #de postsecondary credit hours 7or the minimum required by the ,state to earn an associate's degree7-- 7,i7 in the case of former students enrolled at the institution of higher education or at the institutions of higher education within the system of higher education1 as the case may be1 at the institution or institutions2 and 7,,ii7 in the case of students enrolled at the institution of higher education or at the institutions of higher education within the system of higher education1 as the case may be1 on the date of the identification1 at another institution of higher education4 7ii7 ,each individual has not had any postsecondary degree or certificate1 of any kind1 issued to the student by an institution of higher education4 7,b7 ,perform a degree audit on each student described in subparagraph 7,a71 and identify each such student as one of the following3 7i7 ,eligible to obtain an associate's degree4 7ii7 ,eligible to obtain an associate's degree upon the completion of #ab or fewer postsecondary credit hours 7or the equivalent74 7iii7 ,not eligible under either clause 7i7 or 7ii74 7,c7 ,provide outreach to each student identified in subparagraph 7,b77i71 and award the earned associate's degree to such student1 unless such student declines through a written or oral declaration4 7,d7 ,provide outreach to each student identified in subparagraph 7,b77ii7 that includes information regarding next steps toward degree attainment1 including financial aid options4 7#b7 ,application process ,an institution of higher education or system of higher education desiring a subgrant under this subsection shall submit an application to the ,state at such time1 in such manner1 and containing such information as the ,state may require4 ,such application shall include a written commitment from the institution or system that1 if the institution or system receives a grant1 the institution or system will carry out all of the activities described in paragraph 7#a74 7#c7 ,priority ,each ,state awarding subgrants under this part shall give priority to applications from institutions of higher education or systems of higher education that-- 7,a7 have up-to-date degree audit software or systems to increase automation of degree audits and transcript exchange1 or a plan to invest and develop such software or systems2 7,b7 if such policy is permissible under applicable accreditation or ,state standards1 use a policy that awards associate's degrees to any candidate identified in paragraph 7#a77;,b77i7 and provides candidates with a process to opt out of such award program2 7,c7 waive nonacademic barriers to graduation1 such as an application1 swimming test1 library fine1 transcript exchange fee1 graduation fee1 parking ticket1 or any other nominal fee2 7,d7 waive or amend residency and recency requirements to prevent earned credits from expiring1 if such action is permissible under accreditation or ,state standards2 7,e7 provide students with tuition waivers1 reduced tuition1 or prior learning assessments for those who need to earn remaining credits2 and 7,f7 agree that1 after the conclusion of the activities described in paragraph 7#a7 and continuing after the end of the grant period1 the institution or system will-- 7i7 conduct degree audits for all enrolled students once the students enroll in #de postsecondary credit hours2 and 7ii7 provide information about graduation deadlines to remind students of relevant requirements at least #d months before the students graduate and again #a month before graduation4 7f7 ,permissive use of funds ,a ,state receiving a grant under this section may use-- 7#a7 not more than #ae percent of the total amount received under this section for administrative purposes relating to the grant under this section1 including technology needed to carry out the purposes of this part2 and 7#b7 not more than #e percent of the total amount received under this section to create articulation agreements between #b-year and #d-year institutions of higher education1 in order to enhance collaboration and strengthen the transition pathways between such institutions for transfer students4 7g7 ,special conditions and prohibitions 7#a7 ,availability to students ,a ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 as the case may be1 under this section shall not charge any student an additional fee or charge to participate in the activities or services supported under this section4 7#b7 ,prohibited uses ,a ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 as the case may be1 under this section shall not use any grant or subgrant funds for tuition1 fees1 room and board1 or any other purpose outside the goals of the grant4 7#c7 ,,ferpa requirements ,each ,state1 institution of higher education1 or system of higher education receiving a grant or subgrant1 respectively1 under this section that enters into a contract or other agreement with any outside entity to assist in carrying out the activities or services under such grant or subgrant1 shall ensure that the outside entity complies with all requirements of section #ddd of the ,general ,education ,provisions ,act 7commonly referred to as the ,family ,educational ,rights and ,privacy ,act of #aigd7 that would apply to the ,state1 institution1 or system4 7#d7 ,coordination ,a ,state receiving a grant under this section shall ensure the coordination of the activities and services carried out under this section with any other activities carried out in the ,state that are similar to the goals of this program1 and with any other entities that support the existing activities in the ,state1 with the goal of minimizing duplication4 7h7 ,report 7#a7 ,in general ,a ,state receiving a grant under this section shall prepare and submit an annual report to the ,secretary on the activities and services carried out under this section1 and on the implementation of such activities and services4 ,the report shall include1 for each institution of higher education or system of higher education receiving a subgrant1 the following information3 7,a7 ,the number of students who were first identified in the group described in subsection 7e77#a77;,a77i74 7,b7 ,the number of students who were removed from such group because the students had received a degree elsewhere1 in accordance with subsection 7e77#a77;,a77ii74 7,c7 ,the number of degree audits performed under subsection 7e77#a77;,b74 7,d7 ,the number of students identified under subsection 7e77#a77;,b77i7 as eligible to obtain an associate's degree4 7,e7 ,the number of students identified under subsection 7e77#a77;,b77ii7 as eligible to obtain an associate's degree upon the completion of #ab or fewer credits4 7,f7 ,the number of students identified under subsection 7e77#a77;,b77iii7 as ineligible to obtain an associate's degree and ineligible to obtain such a degree upon the completion of #ab or fewer credits4 7,g7 ,the number of students awarded an associate's degree under subsection 7e77#a77;,c74 7,h7 ,the number of students identified in subsection 7e77#a77;,b77ii7 who are returning to an institution of higher education after receiving outreach described in subsection 7e77#a77;,d74 7,i7 ,the average amount of credit hours previously earned by students described in subsection 7e77#a77;,b77i7 when the associate's degrees are awarded4 7,j7 ,the number of students who received outreach described in subsection 7e77#a77;,c7 and who decline to receive the associate's degree4 7,k7 ,the number of students who could not be located or reached as part of the process4 7,l7 ,the reasons why students identified in subsection 7e77#a77;,b77ii7 did not return to an institution of higher education to receive a degree4 7,m7 ,details of any policy changes implemented as a result of implementing this program and conducting the required degree audits4 7#b7 ,disaggregation ,the report shall include the information described in subparagraphs 7,a7 through 7,l7 of paragraph 7#a7 in the aggregate and disaggregated by age1 gender1 race or ethnicity1 status as an individual with a disability1 and socioeconomic status 7including status as a ,federal ,pell ,grant recipient74 7i7 ,enforcement provisions 7#a7 ,recovery or withholding ,the ,secretary may1 after notice and an opportunity for a hearing in accordance with chapter #e of title #e1 ,united ,states ,code-- 7,a7 withhold funds provided under a grant or subgrant under this section if a ,state or institution of higher education is failing to comply substantially with the requirements of this section2 or 7,b7 take actions to recover funds provided under a grant or subgrant under this section1 if the ,state or institution made an unallowable expense1 or otherwise failed to discharge its responsibility to properly account for funds4 7#b7 ,use of recovered or unused funds ,any funds recovered or withheld under paragraph 7#a7 shall-- 7,a7 be credited to the appropriations account from which amounts are available to make grants or enter cooperative agreements under this section2 and 7,b7 remain available until expended for any purpose of that account authorized by law that relates to the program under this section4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year #bjai and each of the #b subsequent fiscal years4 4 #c4 ,release of education records to facilitate the award of a recognized postsecondary credential ,section #ddd7;b7 of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,k77ii71 by striking 2 and and inserting a semicolon2 and 7,b7 in subparagraph 7,l71 by striking the period at the end and inserting 2 and 2 and 7#b7 by inserting after subparagraph 7,l7 the following3 7,m7 an institution of postsecondary education in which the student was previously enrolled1 to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential 7as that term is defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb771 upon condition that the student provides written consent prior to receiving such credential4 4