,,ii #aafth ,,congress #ast ,session ,s4 #ahjc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ab1 #bjai,ms4 ,collins 7for herself1 ,ms4 ,baldwin1 ,mrs4 ,capito1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to modify the ,federal ,,trio programs4 #a4 ,short title ,this ,act may be cited as the ,educational ,opportunity and ,success ,act of #bjai4 #b4 ,federal ,,trio programs amendments 7a7 ,review and notification by the ,secretary ,section #djb;,a7c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;c77 is amended by striking paragraph 7#h7 and inserting the following3 7#h7 ,review and notification by the ,secretary 7,a7 ,guidance ,not less than #ij days before the commencement of each competition for a grant under this chapter1 the ,secretary shall issue nonregulatory guidance regarding the rights and responsibilities of applicants with respect to the application and evaluation process for programs and projects assisted under this chapter1 including applicant access to peer review comments4 ,the guidance shall describe the procedures for the submission1 processing1 and scoring of applications for grants under this chapter1 including the information described in subparagraph 7,b74 7,b7 ,technical components of applications 7i7 ,establishment and treatment of nonsubstantive technical components of applications ,with respect to any competition for a grant under this chapter1 the ,secretary may only establish voluntary page limit and formatting requirements for grant applications and may not reject grant applications that do not meet those voluntary requirements4 ,the ,secretary may suggest page limits and formatting standards1 7including with respect to font size1 font style1 font type1 line spacing1 paragraph justification1 and page margins71 but may not use noncompliance with these suggested requirements as a basis to reject or penalize grant applications4 7ii7 ,identification and treatment of technical budget errors in applications 7,i7 ,in general ,with respect to any competition for a grant under this chapter1 the ,secretary may not reject or penalize grant applications on the basis of a typographical or rounding error in a proposed budget until the ,secretary has given the applicant an opportunity for correction in accordance with subclause 7,,ii74 7,,ii7 ,notice and opportunity for correction ,the ,secretary shall provide notice and identification of an error described in subclause 7,i7 by email and phone to the applicant before awarding grants for each competition4 ,during a period of not fewer than #ad days1 the ,secretary shall allow the applicant to submit a revised application that corrects the identified error4 7,,iii7 ,treatment of revised applications ,the ,secretary shall treat the revised application in the same manner as a timely submitted application4 7,,iv7 ,failure to correct ,if an applicant has received a notice and opportunity for correction of a typographical or rounding error in a proposed budget in accordance with subclause 7,,ii7 and the applicant fails to correct the error and submit a revised application before the deadline described in that subclause1 the ,secretary may reject or penalize that grant application4 7,c7 ,review 7i7 ,request for review ,with respect to any competition for a grant under this chapter1 an applicant may request a review if the applicant-- 7,i7 has evidence that a specific technical1 administrative1 or scoring error was made by the ,department1 an agent of the ,department1 or a peer reviewer1 with respect to the scoring or processing of a submitted application2 and 7,,ii7 has otherwise met all of the requirements for submission of the application4 7ii7 ,error made by the ,department ,in the case of evidence of error by the ,department or an agent of the ,department1 other than a peer reviewer1 the ,secretary shall review any evidence submitted by the applicant and provide a timely response to the applicant4 ,if the ,secretary determines that an error was made by the ,department or an agent of the ,department1 other than a peer reviewer1 the ,secretary shall correct the error and accordingly adjust the applicant score4 7iii7 ,error made by a peer reviewer 7,i7 ,in general ,in the case of evidence of error by a peer reviewer1 a secondary review panel shall automatically and promptly evaluate the application for consideration in the applicable grant competition upon receipt of a request by any such applicant4 ,examples of errors warranting secondary review may include-- 7aa7 points withheld for criteria not required in statute1 regulation1 or guidance governing a program under this chapter or the application for a grant for such program2 or 7bb7 information pertaining to selection criteria that was incorrectly determined to be missing from an application4 7,,ii7 ,timely review and replacement score ,the secondary review panel described in subclause 7,i7 shall conduct a secondary review in a timely fashion1 and the score resulting from the secondary review shall replace the score from the initial peer review4 7,,iii7 ,composition of secondary review panel ,the secondary review panel shall be composed of reviewers each of whom-- 7aa7 did not review the application in the original peer review2 7bb7 is a member of the cohort of peer reviewers for the grant program that is the subject of such secondary review2 and 7cc7 to the extent practicable1 has conducted peer reviews in not less than #b previous competitions for the grant program that is the subject of such secondary review4 7,,iv7 ,final score ,the final peer review score of an application subject to a secondary review under this clause shall promptly be adjusted appropriately using the score awarded by the secondary review panel1 so as not to interfere with the timely awarding of grants for the applicable grant competition4 7iv7 ,finality 7,i7 ,in general ,a determination by the ,secretary under clause 7ii7 shall not be reviewable by any officer or employee of the ,department other than the ,secretary4 7,,ii7 ,scoring ,the score awarded by a secondary review panel under clause 7iii7 shall not be reviewable by any officer or employee of the ,department other than the ,secretary4 7v7 ,funding of applications with certain adjusted scores ,applications with scores that are adjusted upward under clause 7ii7 or 7iii7 that equal or exceed the minimum cut-off score for the applicable grant competition shall be funded by the ,secretary using general or administrative funds available to the ,secretary other than those funds appropriated or allocated for the programs authorized by this chapter4 4 7b7 ,outreach ,section #djb;,a7d77#c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;d77#c77 is amended by adding at the end the following3 ,the ,secretary shall also host at least one virtual1 interactive training using telecommunications technology to ensure that interested applicants have access to technical assistance44 7c7 ,documentation of status as a low-,income individual ,section #djb;,a7e7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c71 by striking or after the semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,e7 documentation that the student has been determined to be eligible for a ,federal ,pell ,grant under section #dja2 or 7,f7 for grants authorized under section #djb;,b and #djb;,f of this chapter1 documentation that a student is attending a school that had a percentage of enrolled students who are identified students 7as defined in section #aa7;a77#a77;,f77i7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77i777 that meets or exceeds the threshold described in section #aa7;a77#a77;,f77viii7 of that ,act during the school year prior to the first year of the period for which such grant is awarded4 2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,c71 by striking or after the semicolon2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,e7 documentation that the student has been determined to be eligible for a ,federal ,pell ,grant under section #dja2 or 7,f7 for grants authorized under section #djb;,b and #djb;,f of this chapter1 documentation that a student is attending a school that had a percentage of enrolled students who are identified students 7as defined in section #aa7;a77#a77;,f77i7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77i777 that meets or exceeds the threshold described in section #aa7;a77#a77;,f77viii7 of that ,act during the school year prior to the first year of the period for which such grant is awarded4 4 7d7 ,authorization of appropriations ,section #djb;,a7g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;g77 is amended to read as follows3 7g7 ,authorization of appropriations ,for the purpose of making grants and contracts under this chapter1 there are authorized to be appropriated #a1jfj1jjj1jjj for fiscal year #bjbj and such sums as may be necessary for each of the five succeeding fiscal years4 ,of the amount appropriated under this chapter1 the ,secretary may use no more than #a percent of such amount to obtain additional qualified readers and additional staff to review applications1 to increase the level of oversight monitoring1 to support impact studies1 program assessments1 and reviews1 and to provide technical assistance to potential applicants and current grantees4 4 7e7 ,definitions ,section #djb;,a7h7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;h77 is amended by striking paragraph 7#d7 and inserting the following3 7#d7 ,low-income individual ,the term low-income individual means-- 7,a7 an individual from a family whose adjustable gross income for the preceding year did not exceed #aej percent of an amount equal to the poverty level determined by using criteria of poverty established by the ,bureau of the ,census2 7,b7 an individual from a family whose adjustable gross income1 as reported on the individual's most recently completed ,free ,application for ,federal ,student ,aid1 did not exceed #aej percent of an amount equal to the poverty level determined by using criteria of poverty established by the ,bureau of the ,census for that year2 7,c7 an individual who has been determined to be eligible for a ,federal ,pell ,grant under section #dja2 or 7,d7 for grants authorized under section #djb;,b and #djb;,f of this chapter1 a student who is attending a school that had a percentage of enrolled students who are identified students 7as defined in section #aa7;a77#a77;,f77i7 of the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agei;a7a77#a77;,f77i777 that meets or exceeds the threshold described in section #aa7;a77#a77;,f77viii7 of that ,act during the school year prior to the first year of the period for which such grant is awarded4 4