Partnerships for Affordability and Student Success Act - Amends the Higher Education Act of 1965 to require states, for academic year 2014 and each of the succeeding four academic years, to maintain their support for: (1) institutions of higher education (IHEs) (excluding support for capital projects, research and development, or tuition and fees paid by students) at least at the level of such support for academic year 2012, and (2) student postsecondary financial aid at least at the level of such support for academic year 2012.
Directs the Secretary of Education to waive those requirements if such a waiver would be appropriate due to exceptional or uncontrollable circumstances.
Replaces the Leveraging Educational Assistance Partnership program with a program that allots matching incentive grants to states, based on each state's share of students eligible for Federal Pell Grants, to assist states in:
Requires each state grantee to have a comprehensive plan for public postsecondary education that:
Requires each state grantee to report annually to the public on its progress in meeting its public postsecondary education goals and comprehensive plan for public higher education.
Allows private, nonprofit IHEs to participate on a voluntary basis in a state's comprehensive plan for postsecondary education.
Requires at least 70% of the funds allocated to a state to be reserved for need-based grants to students.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4767 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4767
To amend the Higher Education Act of 1965 to strengthen Federal-State
partnerships in postsecondary education.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2014
Mr. Hinojosa (for himself, Mr. Grijalva, Mr. Danny K. Davis of
Illinois, Mr. Fattah, and Ms. Velazquez) introduced the following bill;
which was referred to the Committee on Education and the Workforce
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partnerships for Affordability and
Student Success Act''.
SEC. 2. STATE COMMITMENT TO AFFORDABLE COLLEGE EDUCATION.
Section 137 of the Higher Education Act of 1965 (20 U.S.C. 1015f)
is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Maintenance of Effort Required.--For the academic year
beginning on July 1, 2014, and for each of the 4 succeeding academic
years, a State shall--
``(1) maintain State support for institutions of higher
education (not including support for capital projects or
research and development, or tuition and fees paid by students)
at least at the level of such support for the academic year
beginning on July 1, 2012; and
``(2) 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 1, 2012.'';
(2) by striking subsection (c) and inserting the following:
``(c) Waiver.--
``(1) In general.--The Secretary shall waive the
requirements of subsection (a) if the Secretary determines that
such a waiver would be appropriate due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous decline in the financial resources of a State or
State educational agency, as appropriate.
``(2) 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 (1).
``(3) Consultation.--The Secretary shall consult with the
States in developing the criteria and procedures for reviewing
waiver requests.''; and
(3) by striking subsection (d).
SEC. 3. FEDERAL AND STATE PARTNERSHIPS FOR COLLEGE ACCESS,
AFFORDABILITY, AND COMPLETION.
Subpart 4 of part A of title IV of the Higher Education Act of 1965
(20 U.S.C. 1070c et seq.) is amended to read as follows:
``Subpart 4--Federal and State Partnerships for College Access,
Affordability, and Completion
``SEC. 415A. PURPOSE.
``It is the purpose of this subpart for the Secretary to make
incentive grants to States to assist States in--
``(1) 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 enrolled;
``(2) providing subgrants to eligible institutions or
consortia of eligible institutions--
``(A) to improve student outcomes, such as
completion and transfer rates and workforce outcomes
for graduates; and
``(B) to develop and implement practices that
result in reduced costs for students; and
``(3) providing public accountability and consumer
information on the performance of institutions of higher
education operating within the State.
``SEC. 415B. STATE ELIGIBILITY; DEFINITIONS.
``(a) Incentive Grants.--The Secretary shall award incentive
grants, in accordance with the provisions of this subpart, to States to
pay the Federal share of the cost of carrying out the activities
described in paragraphs (1) through (3) of section 415A. The incentive
grant shall consist of the allotment determined for the State under
section 415C.
``(b) State Eligibility.--In order to be eligible to receive an
incentive grant under this subpart, a State shall enter into an
agreement with the Secretary. The agreement shall contain the following
assurances:
``(1) 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 subpart.
``(2) The State will maintain its commitment to affordable
higher education as described in section 137.
``(3) The State will fulfill its role in program integrity
under section 495.
``(4) The State has a comprehensive plan for public
postsecondary education that addresses the following:
``(A) Measurable goals for student outcomes,
including enrollment, participation, and completion
rates.
``(B) Measurable goals for college affordability in
the State.
``(C) Alignment of such plan with the workforce and
economic development plans of the State.
``(D) Alignment of such plan with the elementary
and secondary education plan for the State.
``(E) The postsecondary educational needs of
unserved and underserved individuals within the State,
including individuals beyond traditional college age.
``(5) The State provides for direct, equitable, and active
participation by representatives of institutions of higher
education, including the voluntary participation of private,
nonprofit institutions of higher education, and other
stakeholders in the comprehensive planning process.
``(c) Definitions.--In this subpart:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) an institution of higher education;
``(B) an institution of higher education in
partnership with--
``(i) a nonprofit or community-based
organization that has demonstrated success in
improving student outcomes in postsecondary
education; or
``(ii) a local workforce investment board;
or
``(C) a consortium of institutions of higher
education.
``(2) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101(a).
``SEC. 415C. ALLOTMENT AMONG STATES.
``(a) Allotment Based on Number of Eligible Students in
Attendance.--Except as provided in subsection (b), from the sums
appropriated under section 415H for a fiscal year, 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 States. The Secretary shall
calculate such ratio based on data for the most recent year for which
satisfactory data are available.
``(b) Minimum Allotment.--The amount of any eligible State's
allotment under subsection (a) for any fiscal year may not be less than
1 percent of the sums appropriated under section 415H for such year.
``(c) Reallotment.--The amount of any State's allotment under
subsection (a) 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
time, on such dates during such year as the Secretary may fix, to other
States in proportion to the original allotments to such States under
such subsection for such year, 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 plan. The total of such reductions
shall be similarly reallotted among the States whose proportionate
amounts were not so reduced.
``(d) 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 subpart.
``SEC. 415D. APPLICATIONS.
``(a) In General.--In order to receive an incentive grant under
this subpart, the State agency with jurisdiction over higher education,
or another agency or entity designated by the Governor or chief
executive of the State to administer the program under this subpart,
shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
require.
``(b) Content of Application.--An application submitted under
subsection (a) shall contain--
``(1) a description of how grant funds will assist the
State in meeting its goals for student outcomes, including
enrollment and completion;
``(2) a description of how the grant funds will assist the
State in meeting its goals for college affordability, including
measures to minimize tuition increases and measures to increase
the availability of need-based student aid;
``(3) a description of how grant funds will assist the
State in meeting the postsecondary needs of underrepresented or
underserved populations in the State, including how the State
will use grant funds to strengthen the eligible institutions
described in paragraphs (1) through (7) of section 371(a);
``(4) a description of how the State's comprehensive plan
for public higher education is aligned with the workforce and
economic development plans of the State;
``(5) a description of the process the State will use to
make subgrants to eligible institutions or consortia of
eligible institutions, including eligible institutions
described in paragraphs (1) through (7) of section 371(a);
``(6) 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 subgrants;
``(7) a description of how the State will make publicly
available a report card on the progress in meeting State goals
for public postsecondary education; and
``(8) a description of the stakeholder consultation,
including efforts to engage the voluntary participation of
private, nonprofit institutions, carried out in the development
of the application.
``SEC. 415E. PAYMENT OF FEDERAL SHARE OF GRANTS.
``(a) In General.--
``(1) Distribution.--A State awarded an incentive grant
under this subpart--
``(A) shall use grant funds to award student
grants; and
``(B) may use grant funds to award subgrants to
eligible institutions.
``(2) 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 following:
``(A) The program is administered by a single State
agency.
``(B) 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 1,
2010, 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 title, shall be eligible to
participate under this paragraph.
``(C) 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 education. Such grants, in
combination with other State or Federal student
assistance, shall not exceed the student's cost of
attendance in any given academic year.
``(D) The program provides for the selection of
grant recipients on the basis of substantial financial
need determined under part F and by the State.
``(E) 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 grants, if any,
during the second fiscal year preceding the fiscal year
in which such State initially received funds under this
subpart.
``(F) The program provides that if the State's
allotment under this subpart is based, in part, on the
financial need demonstrated by students who are
independent students or attending the institution less
than full time, a reasonable proportion of the State's
allotment shall be made available to such students.
``(G) 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 State.
``(3) 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 following:
``(A) The program is administered by a single State
agency.
``(B) The program provides for the selection of
subgrant recipients based on criteria set by the State
agency.
``(C) The program provides for subgrants that
support activities that will assist the State in
achieving--
``(i) the State's measurable goals for
student outcomes, including enrollment,
participation, and completion rates for
underrepresented or underserved populations;
``(ii) the State's measurable goals for
college affordability, including innovative
methods for reducing costs;
``(iii) improved workforce outcomes for
graduates; and
``(iv) the State's measurable goals for
strengthening the eligible institutions
described in paragraphs (1) through (7) of
section 371(a).
``(D) The program provides for the dissemination of
promising practices developed through subgrant
activities.
``(4) Fiscal control; reports.--A State awarded an
incentive grant under this subpart shall provide--
``(A) 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 subpart; and
``(B) for the making of such reports, in such form
and containing such information, as may be reasonably
necessary to enable the Secretary to perform the
Secretary's functions under this subpart.
``(b) Reservation and Disbursement of Allotments and
Reallotments.--
``(1) In general.--Upon approval of an application for an
incentive grant under this subpart, the Secretary shall reserve
from the applicable allotment (including any applicable
reallotment) available, the amount of such payment, which
(subject to the limits of such allotment or reallotment) 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 application.
``(2) Payment.--The Secretary shall pay such reserved
amount, in advance or by way of reimbursement, and in such
installments as the Secretary may determine.
``(3) Amendment.--The Secretary may amend the reservation
of any amount under this subsection, 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 made.
If the Secretary approves an upward revision of such estimated
cost, the Secretary may reserve the Federal share of the added
cost only from the applicable allotment (or reallotment)
available at the time of such approval.
``(c) Federal Share.--The Federal share of the cost of carrying out
the activities described in paragraphs (1) through (3) of section 415A
is equal to 66.66 percent.
``(d) Certain Activities for Which Non-Federal Share May Be
Provided in Cash or In Kind.--For activities described in section
415A(2), the non-Federal share may be provided in cash or in kind,
fairly evaluated.
``(e) 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 basis:
``(1) The State's progress in meeting its goals for college
affordability, including measures to minimize tuition increases
at public institutions and measures to increase the
availability of need-based student aid.
``(2) The State's progress in meeting the postsecondary
needs of underrepresented or underserved populations in the
State, including how the State is strengthening the eligible
institutions described in paragraphs (1) through (7) of section
371(a).
``(3) A list of any subgrants made to eligible
institutions.
``(4) The State's report card described in section 415F.
``SEC. 415F. 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
education. Such report shall include--
``(1) information, as determined by the State in
consultation with stakeholders, on student outcomes, including
enrollment, participation, and completion rates, disaggregated
by race, ethnicity, disability status, and socio-economic
status;
``(2) information, as determined by the State in
consultation with stakeholders, on workforce outcomes for
graduates;
``(3) information on college costs, including tuition
increases, student indebtedness, and the availability of need-
based aid; and
``(4) information on the consumer complaints related to the
performance of institutions of higher education reported to the
State in the prior year.
``SEC. 415G. PARTICIPATION OF PRIVATE, NONPROFIT INSTITUTIONS OF HIGHER
EDUCATION.
``(a) Voluntary Participation.--A private, nonprofit institution of
higher education may voluntarily elect to participate in a State's
efforts under the plan described in section 415B(b)(6). A State--
``(1) shall not require any private, nonprofit institution
to participate in such efforts; and
``(2) 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 (A) through (E) of section 415B(b)(6).
``(b) Rule of Construction.--Nothing in this subpart, including
voluntary participation described in subsection (a), shall be construed
to--
``(1) authorize the Secretary, a State, or an officer or
employee of the Department or of a State to exercise any
direction, supervision, or control over a private, nonprofit
institution of higher education, including control over
curriculum, program of instruction, administration, governance,
personnel, articulation, the awarding of credit, graduation or
degree requirements, or admissions;
``(2) authorize the Secretary, a State, or an officer or
employee of the Department or of a State to require a private,
nonprofit institution of higher education to participate in a
longitudinal data system; or
``(3) limit the application of the General Education
Provisions Act.
``(c) Enforcement.--If any State fails or refuses to comply with
any provision of this section, the State shall no longer be eligible
for assistance under this subpart.
``SEC. 415H. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this subpart such sums as may be necessary for fiscal year 2015 and
each of the 4 succeeding fiscal years.
``(b) Reservation.--Not less than 70 percent of funds allocated to
a State shall be reserved for providing grants to eligible students.
``(c) Reservation for Consumer Information and Administrative
Expenses.--Not more than 8 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 grant.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Higher Education and Workforce Training.
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