I
118THCONGRESS
1
STSESSION H. R. 322
To modify the Federal TRIO programs.
IN THE HOUSE OF REPRESENTATIVES
JANUARY12, 2023
Mr. D
AVIDSONintroduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To modify the Federal TRIO programs.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Educational Oppor-4
tunity and Success Act of 2023’’. 5
SEC. 2. PROGRAM AUTHORITY AND AUTHORIZATION OF AP-6
PROPRIATIONS FOR FEDERAL TRIO PRO-7
GRAMS. 8
(a) M
INIMUMGRANTS.—Section 402A(b)(3) of the 9
Higher Education Act of 1965 (20 U.S.C. 1070a– 10
11(b)(3)) is amended— 11
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(1) by striking ‘‘$200,000’’ and inserting 1
‘‘$220,000’’; and 2
(2) by striking ‘‘$170,000’’ and inserting 3
‘‘$190,000’’. 4
(b) P
ROCEDURES FOR AWARDINGGRANTS ANDCON-5
TRACTS.—Section 402A(c) of the Higher Education Act 6
of 1965 (20 U.S.C. 1070a–11(c)) is amended— 7
(1) in paragraph (2)(A)— 8
(A) in the subparagraph heading, by strik-9
ing ‘‘P
RIOR EXPERIENCE ’’ and inserting 10
‘‘P
RIOR SUCCESS’’; 11
(B) in the first sentence, by striking ‘‘prior 12
experience of high quality service delivery’’ and 13
inserting ‘‘prior success in achieving high qual-14
ity service delivery’’; and 15
(C) in the second sentence— 16
(i) by striking ‘‘prior experience shall 17
not’’ and inserting ‘‘prior success in 18
achieving high quality service delivery shall 19
not’’; and 20
(ii) by striking ‘‘shall not be given 21
prior experience consideration’’ and insert-22
ing ‘‘shall not be given such consider-23
ation’’; and 24
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(2) by striking paragraph (8) and inserting the 1
following: 2
‘‘(8) R
EVIEW AND NOTIFICATION BY THE SEC -3
RETARY.— 4
‘‘(A) G
UIDANCE.—Not less than 90 days 5
before the commencement of each competition 6
for a grant under this chapter, the Secretary 7
shall issue nonregulatory guidance regarding 8
the rights and responsibilities of applicants with 9
respect to the application and evaluation proc-10
ess for programs and projects assisted under 11
this chapter, including applicant access to peer 12
review comments. The guidance shall describe 13
the procedures for the submission, processing, 14
and scoring of applications for grants under 15
this chapter, including the information de-16
scribed in subparagraph (B). 17
‘‘(B) T
ECHNICAL COMPONENTS OF APPLI -18
CATIONS.— 19
‘‘(i) E
STABLISHMENT AND TREAT -20
MENT OF NONSUBSTANTIVE TECHNICAL 21
COMPONENTS OF APPLICATIONS .—With re-22
spect to any competition for a grant under 23
this chapter, the Secretary may only estab-24
lish voluntary page limit and formatting 25
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requirements for grant applications and 1
may not reject grant applications that do 2
not meet those voluntary requirements. 3
The Secretary may suggest page limits and 4
formatting standards (including with re-5
spect to font size, font style, font type, line 6
spacing, paragraph justification, and page 7
margins), but may not use noncompliance 8
with these suggested requirements as a 9
basis to reject or penalize grant applica-10
tions. 11
‘‘(ii) I
DENTIFICATION AND TREAT -12
MENT OF TECHNICAL BUDGET ERRORS IN 13
APPLICATIONS.— 14
‘‘(I) I
N GENERAL.—With respect 15
to any competition for a grant under 16
this chapter, the Secretary may not 17
reject or penalize grant applications 18
on the basis of a typographical or 19
rounding error in a proposed budget 20
until the Secretary has given the ap-21
plicant an opportunity for correction 22
in accordance with subclause (II). 23
‘‘(II) N
OTICE AND OPPORTUNITY 24
FOR CORRECTION .—The Secretary 25
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shall provide notice and identification 1
of an error described in subclause (I) 2
by email and phone to the applicant 3
before awarding grants for each com-4
petition. During a period of not fewer 5
than 14 days, the Secretary shall 6
allow the applicant to submit a re-7
vised application that corrects the 8
identified error. 9
‘‘(III) T
REATMENT OF REVISED 10
APPLICATIONS.—The Secretary shall 11
treat the revised application in the 12
same manner as a timely submitted 13
application. 14
‘‘(IV) F
AILURE TO CORRECT.—If 15
an applicant has received a notice and 16
opportunity for correction of a typo-17
graphical or rounding error in a pro-18
posed budget in accordance with sub-19
clause (II) and the applicant fails to 20
correct the error and submit a revised 21
application before the deadline de-22
scribed in that subclause, the Sec-23
retary may reject or penalize that 24
grant application. 25
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‘‘(C) REVIEW.— 1
‘‘(i) R
EQUEST FOR REVIEW .—With 2
respect to any competition for a grant 3
under this chapter, an applicant may re-4
quest a review if the applicant— 5
‘‘(I) has evidence that a specific 6
technical, administrative, or scoring 7
error was made by the Department, 8
an agent of the Department, or a peer 9
reviewer, with respect to the scoring 10
or processing of a submitted applica-11
tion; and 12
‘‘(II) has otherwise met all of the 13
requirements for submission of the 14
application. 15
‘‘(ii) E
RROR MADE BY THE DEPART -16
MENT.—In the case of evidence of error by 17
the Department or an agent of the Depart-18
ment, other than a peer reviewer, the Sec-19
retary shall review any evidence submitted 20
by the applicant and provide a timely re-21
sponse to the applicant. If the Secretary 22
determines that an error was made by the 23
Department or an agent of the Depart-24
ment, other than a peer reviewer, the Sec-25
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retary shall correct the error and accord-1
ingly adjust the applicant score. 2
‘‘(iii) E
RROR MADE BY A PEER RE -3
VIEWER.— 4
‘‘(I) I
N GENERAL.—In the case 5
of evidence of error by a peer re-6
viewer, a secondary review panel shall 7
automatically and promptly evaluate 8
the application for consideration in 9
the applicable grant competition upon 10
receipt of a request by any such appli-11
cant. Examples of errors warranting 12
secondary review may include— 13
‘‘(aa) points withheld for 14
criteria not required in statute, 15
regulation, or guidance governing 16
a program under this chapter or 17
the application for a grant for 18
such program; or 19
‘‘(bb) information pertaining 20
to selection criteria that was in-21
correctly determined to be miss-22
ing from an application. 23
‘‘(II) T
IMELY REVIEW AND RE -24
PLACEMENT SCORE .—The secondary 25
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review panel described in subclause (I) 1
shall conduct a secondary review in a 2
timely fashion, and the score resulting 3
from the secondary review shall re-4
place the score from the initial peer 5
review. 6
‘‘(III) C
OMPOSITION OF SEC -7
ONDARY REVIEW PANEL .—The sec-8
ondary review panel shall be composed 9
of reviewers each of whom— 10
‘‘(aa) did not review the ap-11
plication in the original peer re-12
view; 13
‘‘(bb) is a member of the co-14
hort of peer reviewers for the 15
grant program that is the subject 16
of such secondary review; and 17
‘‘(cc) to the extent prac-18
ticable, has conducted peer re-19
views in not less than 2 previous 20
competitions for the grant pro-21
gram that is the subject of such 22
secondary review. 23
‘‘(IV) F
INAL SCORE.—The final 24
peer review score of an application 25
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subject to a secondary review under 1
this clause shall promptly be adjusted 2
appropriately using the score awarded 3
by the secondary review panel, so as 4
not to interfere with the timely award-5
ing of grants for the applicable grant 6
competition. 7
‘‘(iv) F
INALITY.— 8
‘‘(I) I
N GENERAL.—A determina-9
tion by the Secretary under clause (ii) 10
shall not be reviewable by any officer 11
or employee of the Department other 12
than the Secretary. 13
‘‘(II) S
CORING.—The score 14
awarded by a secondary review panel 15
under clause (iii) shall not be review-16
able by any officer or employee of the 17
Department other than the Secretary. 18
‘‘(v) F
UNDING OF APPLICATIONS 19
WITH CERTAIN ADJUSTED SCORES .—Appli-20
cations with scores that are adjusted up-21
ward under clause (ii) or (iii) that equal or 22
exceed the minimum cut-off score for the 23
applicable grant competition shall be fund-24
ed by the Secretary using general or ad-25
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ministrative funds available to the Sec-1
retary other than those funds appropriated 2
or allocated for the programs authorized 3
by this chapter.’’. 4
(c) O
UTREACH.—Section 402A(d)(3) of the Higher 5
Education Act of 1965 (20 U.S.C. 1070a–11(d)(3)) is 6
amended by adding at the end the following: ‘‘The Sec-7
retary shall also host at least one virtual, interactive train-8
ing using telecommunications technology to ensure that 9
interested applicants have access to technical assistance.’’. 10
(d) D
OCUMENTATION OF STATUS AS ALOW-INCOME 11
I
NDIVIDUAL.—Section 402A(e) of the Higher Education 12
Act of 1965 (20 U.S.C. 1070a–11(e)) is amended— 13
(1) in paragraph (1)— 14
(A) in subparagraph (C), by striking ‘‘or’’ 15
after the semicolon; 16
(B) in subparagraph (D), by striking the 17
period at the end and inserting a semicolon; 18
and 19
(C) by adding at the end the following: 20
‘‘(E) documentation that the student has been 21
determined to be eligible for a Federal Pell Grant 22
under section 401; or 23
‘‘(F) for grants authorized under section 402B 24
and 402F of this chapter, documentation that a stu-25
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dent is attending a school that had a percentage of 1
enrolled students who are identified students (as de-2
fined in section 11(a)(1)(F)(i) of the Richard B. 3
Russell National School Lunch Act (42 U.S.C. 4
1759a(a)(1)(F)(i))) that meets or exceeds the 5
threshold described in section 11(a)(1)(F)(viii) of 6
that Act during the school year prior to the first 7
year of the period for which such grant is award-8
ed.’’; and 9
(2) in paragraph (2)— 10
(A) in subparagraph (C), by striking ‘‘or’’ 11
after the semicolon; 12
(B) in subparagraph (D), by striking the 13
period at the end and inserting a semicolon; 14
and 15
(C) by adding at the end the following: 16
‘‘(E) documentation that the student has been 17
determined to be eligible for a Federal Pell Grant 18
under section 401; or 19
‘‘(F) for grants authorized under section 402B 20
and 402F of this chapter, documentation that a stu-21
dent is attending a school that had a percentage of 22
enrolled students who are identified students (as de-23
fined in section 11(a)(1)(F)(i) of the Richard B. 24
Russell National School Lunch Act (42 U.S.C. 25
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1759a(a)(1)(F)(i))) that meets or exceeds the 1
threshold described in section 11(a)(1)(F)(viii) of 2
that Act during the school year prior to the first 3
year of the period for which such grant is award-4
ed.’’. 5
(e) O
UTCOMECRITERIA.—Section 402A(f) of the 6
Higher Education Act of 1965 (20 U.S.C. 1070a–11(g)) 7
is amended— 8
(1) in paragraph (1)— 9
(A) in the paragraph heading, by striking 10
‘‘
PRIOR EXPERIENCE ’’ and inserting ‘‘PRIOR 11
SUCCESS’’; 12
(B) by striking ‘‘January 1, 2009’’ and in-13
serting ‘‘the date of enactment of the Edu-14
cational Opportunity and Success Act of 2023’’; 15
and 16
(C) by striking ‘‘prior experience of’’ and 17
inserting ‘‘prior success in achieving’’; and 18
(2) in paragraph (3)— 19
(A) in subparagraph (A)— 20
(i) in clause (iv), by striking ‘‘that will 21
make such students eligible for programs 22
such as the Academic Competitiveness 23
Grants Program’’ and inserting ‘‘that in-24
cludes at least 4 years of mathematics, 3 25
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years of science, and 2 years of a foreign 1
language’’; 2
(ii) by redesignating clauses (v) and 3
(vi) as clauses (vi) and (vii), respectively; 4
and 5
(iii) by inserting after clause (iv), the 6
following: 7
‘‘(v) the completion of financial aid 8
applications, including the Free Applica-9
tion for Federal Student Aid described in 10
section 483(a) and college admissions ap-11
plications;’’; 12
(B) in subparagraph (B)— 13
(i) in the matter preceding clause (i), 14
by inserting ‘‘except in the case of pro-15
grams that are specifically designed for 16
veterans,’’ after ‘‘402C’’; 17
(ii) in clause (v), by striking ‘‘that will 18
make such students eligible for programs 19
such as the Academic Competitiveness 20
Grants Program’’ and inserting ‘‘that in-21
cludes at least 4 years of mathematics, 3 22
years of science, and 2 years of a foreign 23
language’’; 24
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(iii) by redesignating clauses (vi) and 1
(vii) as clauses (vii) and (viii), respectively; 2
and 3
(iv) by inserting after clause (v), the 4
following: 5
‘‘(vi) the completion of financial aid 6
applications, including the Free Applica-7
tion for Federal Student Aid described in 8
section 483(a) and college admissions ap-9
plications;’’; 10
(C) by redesignating subparagraphs (C) 11
through (E) as subparagraphs (D) through (F), 12
respectively; 13
(D) by inserting after subparagraph (B) 14
the following: 15
‘‘(C) For programs authorized under sec-16
tion 402C that are specifically designed for vet-17
erans, the extent to which the eligible entity 18
met or exceeded the entity’s objectives for such 19
program regarding— 20
‘‘(i) the delivery of service to a total 21
number of students served by the program, 22
as agreed upon by the entity and the Sec-23
retary for the period of the program; 24
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‘‘(ii) such students’ academic perform-1
ance as measured by standardized tests; 2
‘‘(iii) the retention and completion of 3
participants in the program; 4
‘‘(iv) the provision of assistance to 5
students served by the program in com-6
pleting financial aid applications, including 7
the Free Application for Federal Student 8
Aid described in section 483(a) and college 9
admission applications; 10
‘‘(v) the enrollment of such students 11
in an institution of higher education; and 12
‘‘(vi) to the extent practicable, the 13
postsecondary completion of such stu-14
dents;’’; 15
(E) in subparagraph (D), as redesignated 16
by subparagraph (C), by striking clause (ii) and 17
inserting the following: 18
‘‘(ii)(I) in the case of an entity that is 19
an institution of higher education offering 20
a baccalaureate degree, the extent to which 21
the entity met or exceeded the entity’s ob-22
jectives regarding the percentage of such 23
students’ completion of a baccalaureate de-24
gree at any baccalaureate granting institu-25
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tion within 6 years of initial enrollment in 1
the project; or 2
‘‘(II) in the case of an entity that is 3
an institution of higher education that does 4
not offer a baccalaureate degree, the extent 5
to which such students met or exceeded— 6
‘‘(aa) the entity’s objective re-7
garding the transfer of such students 8
to institutions of higher education 9
that offer baccalaureate degrees, re-10
gardless of whether the transferring 11
student completes a degree or certifi-12
cate; and 13
‘‘(bb) the entity’s objective re-14
garding the completion of a degree or 15
certificate by such students at the in-16
stitution or any accredited institution 17
within 4 years of initial enrollment in 18
the project;’’; 19
(F) by amending subparagraph (E), as re-20
designated by subparagraph (C), to read as fol-21
lows: 22
‘‘(E) For programs authorized under sec-23
tion 402E, the extent to which the entity met 24
or exceeded— 25
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‘‘(i) the entity’s objective regarding 1
the delivery of service to a total number of 2
students served by the program, as agreed 3
upon by the entity and the Secretary for 4
the period; 5
‘‘(ii) the entity’s objective regarding 6
the provision of appropriate scholarly and 7
research activities for the students served 8
by the program; 9
‘‘(iii) the entity’s objective regarding 10
the acceptance and enrollment of such stu-11
dents in graduate programs within 2 years 12
of receiving the baccalaureate degree; 13
‘‘(iv) the entity’s objective regarding 14
the continued enrollment of such students 15
in graduate study; and 16
‘‘(v) the entity’s objective regarding 17
the attainment of doctoral degrees by 18
former program participants within 10 19
years of receiving the baccalaureate de-20
gree.’’; and 21
(G) in subparagraph (F), as redesignated 22
by subparagraph (C)— 23
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(i) in clause (i), by inserting ‘‘within 1
2 years of participation in the program’’ 2
after ‘‘such diploma or equivalent’’; and 3
(ii) in clause (ii), by inserting ‘‘or re- 4
enrollment’’ after ‘‘the enrollment’’. 5
(f) A
UTHORIZATION OF APPROPRIATIONS.—Section 6
402A(g) of the Higher Education Act of 1965 (20 U.S.C. 7
1070a–11(g)) is amended to read as follows: 8
‘‘(g) A
UTHORIZATION OFAPPROPRIATIONS.—For the 9
purpose of making grants and contracts under this chap-10
ter, there are authorized to be appropriated 11
$1,100,000,000 for fiscal year 2024 and such sums as 12
may be necessary for each of the five succeeding fiscal 13
years. Of the amount appropriated under this chapter, the 14
Secretary may use no more than 1 percent of such amount 15
to obtain additional qualified readers and additional staff 16
to review applications, to increase the level of oversight 17
monitoring, to support impact studies, program assess-18
ments, and reviews, and to provide technical assistance to 19
potential applicants and current grantees.’’. 20
(g) D
EFINITIONS.—Section 402A(h) of the Higher 21
Education Act of 1965 (20 U.S.C. 1070a–11(h)) is 22
amended by striking paragraph (4) and inserting the fol-23
lowing: 24
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‘‘(4) LOW-INCOME INDIVIDUAL .—The term 1
‘low-income individual’ means— 2
‘‘(A) an individual from a family whose ad-3
justable gross income for the preceding year did 4
not exceed 150 percent of an amount equal to 5
the poverty level determined by using criteria of 6
poverty established by the Bureau of the Cen-7
sus; 8
‘‘(B) an individual from a family whose ad-9
justable gross income, as reported on the indi-10
vidual’s most recently completed Free Applica-11
tion for Federal Student Aid, did not exceed 12
150 percent of an amount equal to the poverty 13
level determined by using criteria of poverty es-14
tablished by the Bureau of the Census for that 15
year; 16
‘‘(C) an individual who has been deter-17
mined to be eligible for a Federal Pell Grant 18
under section 401; or 19
‘‘(D) for grants authorized under section 20
402B and 402F of this chapter, a student who 21
is attending a school that had a percentage of 22
enrolled students who are identified students 23
(as defined in section 11(a)(1)(F)(i) of the 24
Richard B. Russell National School Lunch Act 25
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(42 U.S.C. 1759a(a)(1)(F)(i))) that meets or 1
exceeds the threshold described in section 2
11(a)(1)(F)(viii) of that Act during the school 3
year prior to the first year of the period for 4
which such grant is awarded.’’. 5
SEC. 3. UPWARD BOUND. 6
Section 402C(f) of the Higher Education Act of 1965 7
(20 U.S.C. 1070a–13(f)) is amended— 8
(1) by striking ‘‘$60’’ and inserting ‘‘$90’’; 9
(2) by striking ‘‘$300’’ and inserting ‘‘$450’’; 10
(3) by striking ‘‘$40’’ and inserting ‘‘$60’’; and 11
(4) by adding at the end the following: ‘‘Adults 12
participating in a project that is specifically designed 13
for veterans under this section may be paid stipends 14
not in excess of $100 per month during the year.’’. 15
SEC. 4. POSTBACCALAUREATE ACHIEVEMENT PROGRAM 16
AUTHORITY. 17
Section 402E of the Higher Education Act of 1965 18
(20 USC 1070a–15) is amended— 19
(1) in subsection (b)(2), by striking ‘‘summer 20
internships’’ and inserting ‘‘internships or faculty- 21
led research experiences’’; 22
(2) in subsection (d)(4), by striking ‘‘summer 23
research internships’’ and inserting ‘‘research intern-24
ships or faculty-led research experiences’’; and 25
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(3) in subsection (f)(1), by striking ‘‘$2,800’’ 1
and inserting ‘‘$4,000’’. 2
Æ
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