II
118THCONGRESS
1
STSESSION S. 1397
To modify the Federal TRIO programs.
IN THE SENATE OF THE UNITED STATES
MAY2, 2023
Ms. C
OLLINS(for herself, Mr. TESTER, Mrs. CAPITO, and Ms. BALDWIN) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Health, Education, Labor, and Pensions
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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•S 1397 IS
(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’’; 24
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(2) in paragraph (3)(A) by striking ‘‘prior expe-1
rience’’ and inserting ‘‘prior success’’; 2
(3) in paragraph (4)(A), in the second sentence, 3
by inserting ‘‘as well as first-generation college grad-4
uates’’ after ‘‘readers’’; and 5
(4) by striking paragraph (8) and inserting the 6
following: 7
‘‘(8) R
EVIEW AND NOTIFICATION BY THE SEC -8
RETARY.— 9
‘‘(A) G
UIDANCE.—Not less than 90 days 10
before the commencement of each competition 11
for a grant under this chapter, the Secretary 12
shall issue nonregulatory guidance regarding 13
the rights and responsibilities of applicants with 14
respect to the application and evaluation proc-15
ess for programs and projects assisted under 16
this chapter, including applicant access to peer 17
review comments. The guidance shall describe 18
the procedures for the submission, processing, 19
and scoring of applications for grants under 20
this chapter, including the information de-21
scribed in subparagraph (B). 22
‘‘(B) T
ECHNICAL COMPONENTS OF APPLI -23
CATIONS.— 24
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‘‘(i) ESTABLISHMENT AND TREAT -1
MENT OF NONSUBSTANTIVE TECHNICAL 2
COMPONENTS OF APPLICATIONS .—With re-3
spect to any competition for a grant under 4
this chapter, the Secretary may only estab-5
lish voluntary page limit and formatting 6
requirements for grant applications and 7
may not reject grant applications that do 8
not meet those voluntary requirements. 9
The Secretary may suggest page limits and 10
formatting standards, (including with re-11
spect to font size, font style, font type, line 12
spacing, paragraph justification, and page 13
margins), but may not use noncompliance 14
with these suggested requirements as a 15
basis to reject or penalize grant applica-16
tions. 17
‘‘(ii) I
DENTIFICATION AND TREAT -18
MENT OF TECHNICAL BUDGET ERRORS IN 19
APPLICATIONS.— 20
‘‘(I) I
N GENERAL.—With respect 21
to any competition for a grant under 22
this chapter, the Secretary may not 23
reject or penalize grant applications 24
on the basis of a typographical or 25
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rounding error in a proposed budget 1
until the Secretary has given the ap-2
plicant an opportunity for correction 3
in accordance with subclause (II). 4
‘‘(II) N
OTICE AND OPPORTUNITY 5
FOR CORRECTION .—The Secretary 6
shall provide notice and identification 7
of an error described in subclause (I) 8
by email and phone to the applicant 9
before awarding grants for each com-10
petition. During a period of not fewer 11
than 14 days, the Secretary shall 12
allow the applicant to submit a re-13
vised application that corrects the 14
identified error. 15
‘‘(III) T
REATMENT OF REVISED 16
APPLICATIONS.—The Secretary shall 17
treat the revised application in the 18
same manner as a timely submitted 19
application. 20
‘‘(IV) F
AILURE TO CORRECT.—If 21
an applicant has received a notice and 22
opportunity for correction of a typo-23
graphical or rounding error in a pro-24
posed budget in accordance with sub-25
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clause (II) and the applicant fails to 1
correct the error and submit a revised 2
application before the deadline de-3
scribed in that subclause, the Sec-4
retary may reject or penalize that 5
grant application. 6
‘‘(C) R
EVIEW.— 7
‘‘(i) R
EQUEST FOR REVIEW .—With 8
respect to any competition for a grant 9
under this chapter, an applicant may re-10
quest a review if the applicant— 11
‘‘(I) has evidence that a specific 12
technical, administrative, or scoring 13
error was made by the Department, 14
an agent of the Department, or a peer 15
reviewer, with respect to the scoring 16
or processing of a submitted applica-17
tion; and 18
‘‘(II) has otherwise met all of the 19
requirements for submission of the 20
application. 21
‘‘(ii) E
RROR MADE BY THE DEPART -22
MENT.—In the case of evidence of error by 23
the Department or an agent of the Depart-24
ment, other than a peer reviewer, the Sec-25
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retary shall review any evidence submitted 1
by the applicant and provide a timely re-2
sponse to the applicant. All applicants, re-3
gardless of score, shall have this right of 4
review. If the Secretary determines that an 5
error was made by the Department or an 6
agent of the Department, other than a 7
peer reviewer, the Secretary shall correct 8
the error and accordingly adjust the appli-9
cant score. 10
‘‘(iii) E
RROR MADE BY A PEER RE -11
VIEWER.— 12
‘‘(I) I
N GENERAL.—In the case 13
of evidence of error by a peer re-14
viewer, a secondary review panel shall 15
automatically and promptly evaluate 16
the application for consideration in 17
the applicable grant competition upon 18
receipt of a request by any such appli-19
cant. The Department shall allow this 20
right of review to any applicant that 21
scored five points or less below the 22
cut-off score. Examples of errors war-23
ranting secondary review may in-24
clude— 25
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‘‘(aa) points withheld for 1
criteria not required in statute, 2
regulation, or guidance governing 3
a program under this chapter or 4
the application for a grant for 5
such program; or 6
‘‘(bb) information pertaining 7
to selection criteria that was in-8
correctly determined to be miss-9
ing from an application. 10
‘‘(II) T
IMELY REVIEW AND RE -11
PLACEMENT SCORE .—The secondary 12
review panel described in subclause (I) 13
shall conduct a secondary review in a 14
timely fashion, and the score resulting 15
from the secondary review shall re-16
place the score from the initial peer 17
review. 18
‘‘(III) C
OMPOSITION OF SEC -19
ONDARY REVIEW PANEL .—The sec-20
ondary review panel shall be composed 21
of reviewers each of whom— 22
‘‘(aa) did not review the ap-23
plication in the original peer re-24
view; 25
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‘‘(bb) is a member of the co-1
hort of peer reviewers for the 2
grant program that is the subject 3
of such secondary review; and 4
‘‘(cc) to the extent prac-5
ticable, has conducted peer re-6
views in not less than 2 previous 7
competitions for the grant pro-8
gram that is the subject of such 9
secondary review. 10
‘‘(IV) F
INAL SCORE.—The final 11
peer review score of an application 12
subject to a secondary review under 13
this clause shall promptly be adjusted 14
appropriately using the score awarded 15
by the secondary review panel, so as 16
not to interfere with the timely award-17
ing of grants for the applicable grant 18
competition. 19
‘‘(iv) F
INALITY.— 20
‘‘(I) I
N GENERAL.—A determina-21
tion by the Secretary under clause (ii) 22
shall not be reviewable by any officer 23
or employee of the Department other 24
than the Secretary. 25
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‘‘(II) SCORING.—The score 1
awarded by a secondary review panel 2
under clause (iii) shall not be review-3
able by any officer or employee of the 4
Department other than the Secretary. 5
‘‘(v) F
UNDING OF APPLICATIONS 6
WITH CERTAIN ADJUSTED SCORES .—Appli-7
cations with scores that are adjusted up-8
ward under clause (ii) or (iii) that equal or 9
exceed the minimum cut-off score for the 10
applicable grant competition shall be fund-11
ed by the Secretary using general or ad-12
ministrative funds available to the Sec-13
retary other than those funds appropriated 14
or allocated for the programs authorized 15
by this chapter.’’. 16
(c) O
UTREACH.—Section 402A(d)(3) of the Higher 17
Education Act of 1965 (20 U.S.C. 1070a–11(d)(3)) is 18
amended by adding at the end the following: ‘‘The Sec-19
retary shall also host at least one virtual, interactive train-20
ing using telecommunications technology to ensure that 21
interested applicants have access to technical assistance.’’. 22
(d) D
OCUMENTATION OF STATUS AS ALOW-INCOME 23
I
NDIVIDUAL.—Section 402A(e) of the Higher Education 24
Act of 1965 (20 U.S.C. 1070a–11(e)) is amended— 25
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(1) in paragraph (1)— 1
(A) in subparagraph (C), by striking ‘‘or’’ 2
after the semicolon; 3
(B) in subparagraph (D), by striking the 4
period at the end and inserting a semicolon; 5
and 6
(C) by adding at the end the following: 7
‘‘(E) documentation that the student has 8
been determined to be eligible for a Federal Pell 9
Grant under section 401; or 10
‘‘(F) for grants authorized under section 11
402B and 402F of this chapter, documentation 12
that a student is attending a school that had a 13
percentage of enrolled students who are identi-14
fied students (as defined in section 15
11(a)(1)(F)(i) of the Richard B. Russell Na-16
tional School Lunch Act (42 U.S.C. 17
1759a(a)(1)(F)(i))) that meets or exceeds the 18
threshold described in section 11(a)(1)(F)(viii) 19
of that Act during the school year prior to the 20
first year of the period for which such grant is 21
awarded.’’; and 22
(2) in paragraph (2)— 23
(A) in subparagraph (C), by striking ‘‘or’’ 24
after the semicolon; 25
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(B) in subparagraph (D), by striking the 1
period at the end and inserting a semicolon; 2
and 3
(C) by adding at the end the following: 4
‘‘(E) documentation that the student has 5
been determined to be eligible for a Federal Pell 6
Grant under section 401; or 7
‘‘(F) for grants authorized under section 8
402B and 402F of this chapter, documentation 9
that a student is attending a school that had a 10
percentage of enrolled students who are identi-11
fied students (as defined in section 12
11(a)(1)(F)(i) of the Richard B. Russell Na-13
tional School Lunch Act (42 U.S.C. 14
1759a(a)(1)(F)(i))) that meets or exceeds the 15
threshold described in section 11(a)(1)(F)(viii) 16
of that Act during the school year prior to the 17
first year of the period for which such grant is 18
awarded.’’. 19
(e) O
UTCOMECRITERIA.—Section 402A(f) of the 20
Higher Education Act of 1965 (20 U.S.C. 1070a–11(g)) 21
is amended— 22
(1) in paragraph (1)— 23
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(A) in the paragraph heading, by striking 1
‘‘
PRIOR EXPERIENCE ’’ and inserting ‘‘PRIOR 2
SUCCESS’’; 3
(B) by striking ‘‘January 1, 2009’’ and in-4
serting ‘‘the date of enactment of the Edu-5
cational Opportunity and Success Act of 2023’’; 6
and 7
(C) by striking ‘‘prior experience of’’ and 8
inserting ‘‘prior success in achieving’’; and 9
(2) in paragraph (3)— 10
(A) in subparagraph (A)— 11
(i) in clause (iv), by striking ‘‘that will 12
make such students eligible for programs 13
such as the Academic Competitiveness 14
Grants Program’’ and inserting ‘‘that in-15
cludes at least 4 years of mathematics, 3 16
years of science, and 2 years of a foreign 17
language’’; 18
(ii) by redesignating clauses (v) and 19
(vi) as clauses (vi) and (vii), respectively; 20
and 21
(iii) inserting after clause (iv), the fol-22
lowing: 23
‘‘(v) the completion of financial aid 24
applications, including the Free Applica-25
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tion for Federal Student Aid described in 1
section 483(a) and college admissions ap-2
plications’’; 3
(B) in subparagraph (B)— 4
(i) in the matter preceding clause (i), 5
by inserting ‘‘except in the case of pro-6
grams that are specifically designed for 7
veterans,’’ after ‘‘402C’’; 8
(ii) in clause (v), by striking ‘‘that will 9
make such students eligible for programs 10
such as the Academic Competitiveness 11
Grants Program’’ and inserting ‘‘that in-12
cludes at least 4 years of mathematics, 3 13
years of science, and 2 years of a foreign 14
language’’; 15
(iii) by redesignating clauses (vi) and 16
(vii) as clauses (vii) and (viii), respectively; 17
and 18
(iv) inserting after clause (v), the fol-19
lowing: 20
‘‘(vi) the completion of financial aid 21
applications, including the Free Applica-22
tion for Federal Student Aid described in 23
section 483(a) and college admissions ap-24
plications;’’; 25
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(C) by redesignating subparagraphs (C) 1
through (E) as subparagraphs (D) through (F), 2
respectively; 3
(D) by inserting after subparagraph (B) 4
the following: 5
‘‘(C) For programs authorized under sec-6
tion 402C that are specifically designed for vet-7
erans, the extent to which the eligible entity 8
met or exceeded the entity’s objectives for such 9
program regarding— 10
‘‘(i) the delivery of service to a total 11
number of students who are veterans 12
served by the program, as agreed upon by 13
the entity and the Secretary for the period 14
of the program; 15
‘‘(ii) such students’ academic perform-16
ance as measured by standardized tests; 17
‘‘(iii) the retention and completion of 18
participants in the program; 19
‘‘(iv) the provision of assistance to 20
students served by the program in com-21
pleting financial aid applications, including 22
the Free Application for Federal Student 23
Aid described in section 483(a) and college 24
admission applications; 25
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‘‘(v) the enrollment of such students 1
in an institution of higher education; and 2
‘‘(vi) to the extent practicable, the 3
postsecondary completion of such stu-4
dents;’’; 5
(E) in subparagraph (D), as redesignated 6
by subparagraph (C), by striking clause (ii) and 7
inserting the following: 8
‘‘(ii)(I) in the case of an entity that is 9
an institution of higher education offering 10
a baccalaureate degree, the extent to which 11
the entity met or exceeded the entity’s ob-12
jectives regarding the percentage of such 13
students’ completion of a baccalaureate de-14
gree at any baccalaureate granting institu-15
tion within 6 years of initial enrollment in 16
the project; or 17
‘‘(II) in the case of an entity that is 18
an institution of higher education that does 19
not offer a baccalaureate degree, the extent 20
to which such students met or exceeded— 21
‘‘(aa) the entity’s objective re-22
garding the transfer of such students 23
to institutions of higher education 24
that offer baccalaureate degrees, re-25
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gardless of whether the transferring 1
student completes a degree or certifi-2
cate; and 3
‘‘(bb) the entity’s objective re-4
garding the completion of a degree or 5
certificate by such students at the in-6
stitution or any accredited institution 7
within 4 years of initial enrollment in 8
the project;’’; 9
(F) by amending subparagraph (E), as re-10
designated by subparagraph (C), to read as fol-11
lows: 12
‘‘(E) For programs authorized under sec-13
tion 402E, the extent to which the entity met 14
or exceeded— 15
‘‘(i) the entity’s objective regarding 16
the delivery of service to a total number of 17
students served by the program, as agreed 18
upon by the entity and the Secretary for 19
the period; 20
‘‘(ii) the entity’s objective regarding 21
the provision of appropriate scholarly and 22
research activities for the students served 23
by the program; 24
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‘‘(iii) the entity’s objective regarding 1
the acceptance and enrollment of such stu-2
dents in graduate programs within 2 years 3
of receiving the baccalaureate degree; 4
‘‘(iv) the entity’s objective regarding 5
the continued enrollment of such students 6
in graduate study; and 7
‘‘(v) the entity’s objective regarding 8
the attainment of doctoral degrees by 9
former program participants within 10 10
years of receiving the baccalaureate de-11
gree.’’; and 12
(G) in subparagraph (F), as redesignated 13
by subparagraph (C)— 14
(i) in clause (i), by inserting ‘‘within 15
2 years of participation in the program’’ 16
after ‘‘such diploma or equivalent’’; and 17
(ii) in clause (ii), by inserting ‘‘or re- 18
enrollment’’ after ‘‘the enrollment’’. 19
(f) A
UTHORIZATION OF APPROPRIATIONS.—Section 20
402A(g) of the Higher Education Act of 1965 (20 U.S.C. 21
1070a–11(g)) is amended to read as follows: 22
‘‘(g) A
UTHORIZATION OFAPPROPRIATIONS.—For the 23
purpose of making grants and contracts under this chap-24
ter, there are authorized to be appropriated 25
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$1,191,000,000 for fiscal year 2024 and such sums as 1
may be necessary for each of the five succeeding fiscal 2
years. Of the amount appropriated under this chapter, the 3
Secretary may use no more than 1 percent of such amount 4
to obtain additional qualified readers and additional staff 5
to review applications, to increase the level of oversight 6
monitoring, to support impact studies, program assess-7
ments, and reviews, and to provide technical assistance to 8
potential applicants and current grantees.’’. 9
(g) D
EFINITIONS.—Section 402A(h) of the Higher 10
Education Act of 1965 (20 U.S.C. 1070a–11(h)) is 11
amended by striking paragraph (4) and inserting the fol-12
lowing: 13
‘‘(4) L
OW-INCOME INDIVIDUAL .—The term 14
‘low-income individual’ means— 15
‘‘(A) an individual from a family whose ad-16
justable gross income for the preceding year did 17
not exceed 150 percent of an amount equal to 18
the poverty level determined by using criteria of 19
poverty established by the Bureau of the Cen-20
sus; 21
‘‘(B) an individual from a family whose ad-22
justable gross income, as reported on the indi-23
vidual’s most recently completed Free Applica-24
tion for Federal Student Aid, did not exceed 25
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•S 1397 IS
150 percent of an amount equal to the poverty 1
level determined by using criteria of poverty es-2
tablished by the Bureau of the Census for that 3
year; 4
‘‘(C) an individual who has been deter-5
mined to be eligible for a Federal Pell Grant 6
under section 401; or 7
‘‘(D) for grants authorized under section 8
402B and 402F of this chapter, a student who 9
is attending a school that had a percentage of 10
enrolled students who are identified students 11
(as defined in section 11(a)(1)(F)(i) of the 12
Richard B. Russell National School Lunch Act 13
(42 U.S.C. 1759a(a)(1)(F)(i))) that meets or 14
exceeds the threshold described in section 15
11(a)(1)(F)(viii) of that Act during the school 16
year prior to the first year of the period for 17
which such grant is awarded.’’. 18
SEC. 3. UPWARD BOUND. 19
Section 402C of the Higher Education Act of 1965 20
(20 U.S.C. 1070a–13) is amended— 21
(1) in subsection (d)— 22
(A) in paragraph (6), by striking ‘‘and’’ 23
after the semicolon; 24
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(B) by redesignating paragraph (7) as 1
paragraph (8); 2
(C) by inserting after paragraph (6) the 3
following: 4
‘‘(7) continued services through the student’s 5
first year of attendance at an institution of higher 6
education, to the extent the provision of such service 7
was described in the eligible entity’s application for 8
assistance; and’’; and 9
(D) in paragraph (8), as redesignated by 10
subparagraph (B), by striking ‘‘or paragraphs 11
(1) through (6)’’ and inserting ‘‘or paragraphs 12
(1) through (7)’’; 13
(2) in subsection (f)— 14
(A) by striking ‘‘$60’’ and inserting 15
‘‘$90’’; 16
(B) by striking ‘‘$300’’ and inserting 17
‘‘$450’’; 18
(C) by striking ‘‘$40’’ and inserting 19
‘‘$60’’; and 20
(D) by adding at the end the following: 21
‘‘Adults participating in a project that is spe-22
cifically designed for veterans under this section 23
may be paid stipends not in excess of $100 per 24
month during the year.’’; and 25
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(3) by striking subsection (g) and redesignating 1
subsection (h) as subsection (g). 2
SEC. 4. POSTBACCALAUREATE ACHIEVEMENT PROGRAM 3
AUTHORITY. 4
Section 402E of the Higher Education Act of 1965 5
(20 U.S.C. 1070a–15) is amended— 6
(1) in subsection (b)(2), by striking ‘‘summer 7
internships’’ and inserting ‘‘internships or faculty- 8
led research experiences’’; 9
(2) in subsection (d)(4), by striking ‘‘summer 10
research internships’’ and inserting ‘‘research intern-11
ships or faculty-led research experiences’’; 12
(3) in subsection (f)(1), by striking ‘‘$2,800’’ 13
and inserting ‘‘$4,000’’; 14
(4) by redesignating subsection (g) as sub-15
section (h); and 16
(5) by inserting after subsection (f) the fol-17
lowing: 18
‘‘(g) D
ETERMINATION OF NEED.—A stipend pro-19
vided to a student under subsection (f)(1) shall not be con-20
sidered in determining that student’s need for grant or 21
work assistance under this title, except that in no case 22
shall the total amount of student financial assistance 23
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•S 1397 IS
awarded to a student under this title exceed that student’s 1
cost of attendance, as defined in section 472.’’. 2
Æ
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