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I 114TH CONGRESS 1ST SESSION H. R. 4191 To establish a program that enables college-bound residents of the United States Virgin Islands to have greater choices among institutions of higher education, and for other purposes. IN THE HOUSE OF REPRESENTATIVES DECEMBER 8, 2015 Ms. PLASKETT introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a program that enables college-bound residents of the United States Virgin Islands to have greater choices among institutions of higher education, and for other purposes. 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 ‘‘United States Virgin 4 Islands College Access Act of 2015’’. 5 SEC. 2. PURPOSE. 6 It is the purpose of this Act to establish a program 7 that enables college-bound residents of the United States 8 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 2 •HR 4191 IH Virgin Islands to have greater choices among institutions 1 of higher education. 2 SEC. 3. PUBLIC SCHOOL GRANTS. 3 (a) GRANTS.— 4 (1) IN GENERAL.—From amounts appropriated 5 under subsection (i), the Governor shall award 6 grants to eligible institutions that enroll eligible stu- 7 dents to pay the difference between the tuition and 8 fees charged for in-State students and the tuition 9 and fees charged for out-of-State students on behalf 10 of each eligible student enrolled in the eligible insti- 11 tution. 12 (2) MAXIMUM STUDENT AMOUNTS.—The 13 amount paid on behalf of an eligible student under 14 this section shall be— 15 (A) not more than $10,000 for any one 16 award year (as defined in section 481 of the 17 Higher Education Act of 1965 (20 U.S.C. 18 1088)); and 19 (B) not more than $50,000 in the aggre- 20 gate. 21 (3) PRORATION.—The Governor shall prorate 22 payments under this section for students who attend 23 an eligible institution on less than a full-time basis. 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 3 •HR 4191 IH (b) REDUCTION FOR INSUFFICIENT APPROPRIA- 1 TIONS.— 2 (1) IN GENERAL.—If the funds appropriated 3 pursuant to subsection (i) for any fiscal year are in- 4 sufficient to award a grant in the amount deter- 5 mined under subsection (a) on behalf of each eligible 6 student enrolled in an eligible institution, then the 7 Governor, in consultation with the Secretary of Edu- 8 cation, shall— 9 (A) first, ratably reduce the amount of the 10 tuition and fee payment made on behalf of each 11 eligible student who has not received funds 12 under this section for a preceding year; and 13 (B) after making reductions under sub- 14 paragraph (A), ratably reduce the amount of 15 the tuition and fee payments made on behalf of 16 all other eligible students. 17 (2) ADJUSTMENTS.—The Governor, in con- 18 sultation with the Secretary of Education, may ad- 19 just the amount of tuition and fee payments made 20 under paragraph (1) based on— 21 (A) the financial need of the eligible stu- 22 dents to avoid undue hardship to the eligible 23 students; or 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 4 •HR 4191 IH (B) undue administrative burdens on the 1 Governor. 2 (3) FURTHER ADJUSTMENTS.—Notwith- 3 standing paragraphs (1) and (2), the Governor may 4 prioritize the making or amount of tuition and fee 5 payments under this subsection based on the income 6 and need of eligible students. 7 (c) DEFINITIONS.—In this section: 8 (1) ELIGIBLE INSTITUTION.—The term ‘‘eligi- 9 ble institution’’ means an institution that— 10 (A) is a public four-year institution of 11 higher education located in one of the several 12 States, the District of Columbia, Puerto Rico, 13 or Guam; 14 (B) is eligible to participate in the student 15 financial assistance programs under title IV of 16 the Higher Education Act of 1965 (20 U.S.C. 17 1070 et seq.); and 18 (C) enters into an agreement with the Gov- 19 ernor containing such terms and conditions as 20 the Governor and institution may jointly speci- 21 fy, including a requirement that the institution 22 use the funds made available under this section 23 to supplement and not supplant assistance that 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 5 •HR 4191 IH otherwise would be provided to eligible students 1 from the United States Virgin Islands. 2 (2) ELIGIBLE STUDENT.—The term ‘‘eligible 3 student’’ means an individual who— 4 (A) was domiciled in the United States 5 Virgin Islands for not less than the 12 consecu- 6 tive months preceding the commencement of the 7 freshman year at an institution of higher edu- 8 cation; 9 (B) graduated from a secondary school in 10 the United States Virgin Islands, or received 11 the recognized equivalent of a secondary school 12 diploma while domiciled in the United States 13 Virgin Islands, on or after January 1, 2013; 14 (C) begins the individual’s undergraduate 15 course of study within the three calendar years 16 (excluding any period of service on active duty 17 in the Armed Forces, or service under the 18 Peace Corps Act (22 U.S.C. 2501 et seq.) or 19 subtitle D of title I of the National and Com- 20 munity Service Act of 1990 (42 U.S.C. 12571 21 et seq.)) of graduation from a secondary school, 22 or obtaining the recognized equivalent of a sec- 23 ondary school diploma; 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 6 •HR 4191 IH (D) is enrolled or accepted for enrollment, 1 on at least a half-time basis, in a baccalaureate 2 degree or other program (including a program 3 of study abroad approved for credit by the insti- 4 tution at which such student is enrolled) lead- 5 ing to a recognized educational credential at an 6 eligible institution; 7 (E) if enrolled in an eligible institution, is 8 maintaining satisfactory progress in the course 9 of study the student is pursuing in accordance 10 with section 484(c) of the Higher Education 11 Act of 1965 (20 U.S.C. 1091(c)); 12 (F) while enrolled in an eligible institution, 13 maintains the United States Virgin Islands as 14 the individual’s principal place of residence for 15 purposes of the laws of the United States Vir- 16 gin Islands; and 17 (G) has not completed the individual’s first 18 undergraduate baccalaureate course of study. 19 (3) INSTITUTION OF HIGHER EDUCATION.—The 20 term ‘‘institution of higher education’’ has the 21 meaning given the term in section 101 of the Higher 22 Education Act of 1965 (20 U.S.C. 1001). 23 (4) GOVERNOR.—The term ‘‘Governor’’ means 24 the Governor of the United States Virgin Islands. 25 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 7 •HR 4191 IH (5) SECONDARY SCHOOL.—The term ‘‘sec- 1 ondary school’’ has the meaning given that term 2 under section 14101 of the Elementary and Sec- 3 ondary Education Act of 1965 (20 U.S.C. 8801). 4 (6) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of Education. 6 (d) CONSTRUCTION.—Nothing in this Act shall be 7 construed to require an institution of higher education to 8 alter the institution’s admissions policies or standards in 9 any manner to enable an eligible student to enroll in the 10 institution. 11 (e) APPLICATIONS.—Each student desiring a tuition 12 payment under this section shall submit an application to 13 the eligible institution at such time, in such manner, and 14 accompanied by such information as the eligible institution 15 may require. 16 (f) ADMINISTRATION OF PROGRAM.— 17 (1) IN GENERAL.—The Governor shall carry 18 out the program under this section in consultation 19 with the Secretary. The Governor may enter into a 20 grant, contract, or cooperative agreement with an- 21 other public or private entity to administer the pro- 22 gram under this section if the Governor determines 23 that doing so is a more efficient way of carrying out 24 the program. 25 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 8 •HR 4191 IH (2) POLICIES AND PROCEDURES.—The Gov- 1 ernor, in consultation with institutions of higher 2 education eligible for participation in the program 3 authorized under this section, shall develop policies 4 and procedures for the administration of the pro- 5 gram. 6 (3) MEMORANDUM OF AGREEMENT.—The Gov- 7 ernor and the Secretary shall enter into a Memo- 8 randum of Agreement that describes— 9 (A) the manner in which the Governor 10 shall consult with the Secretary with respect to 11 administering the program under this section; 12 and 13 (B) any technical or other assistance to be 14 provided to the Governor by the Secretary for 15 purposes of administering the program under 16 this section (which may include access to the in- 17 formation in the common financial reporting 18 form developed under section 483 of the Higher 19 Education Act of 1965 (20 U.S.C. 1090)). 20 (g) GOVERNOR’S REPORT.—The Governor shall re- 21 port to Congress annually regarding— 22 (1) the number of eligible students attending 23 each eligible institution and the amount of the grant 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 9 •HR 4191 IH awards paid to those institutions on behalf of the eli- 1 gible students; 2 (2) the extent, if any, to which a ratable reduc- 3 tion was made in the amount of tuition and fee pay- 4 ments made on behalf of eligible students; and 5 (3) the progress in obtaining recognized aca- 6 demic credentials of the cohort of eligible students 7 for each year. 8 (h) GAO REPORT.—Beginning on the date of the en- 9 actment of this Act, the Comptroller General of the United 10 States shall monitor the effect of the program assisted 11 under this section on educational opportunities for eligible 12 students. The Comptroller General shall analyze whether 13 eligible students had difficulty gaining admission to eligi- 14 ble institutions because of any preference afforded in- 15 State residents by eligible institutions, and shall expedi- 16 tiously report any findings regarding such difficulty to 17 Congress and the Governor. In addition, the Comptroller 18 General shall— 19 (1) analyze the extent to which there are an in- 20 sufficient number of eligible institutions to which 21 United States Virgin Islands students can gain ad- 22 mission, including admission aided by assistance 23 provided under this Act, due to— 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 10 •HR 4191 IH (A) caps on the number of out-of-State 1 students the institution will enroll; 2 (B) significant barriers imposed by aca- 3 demic entrance requirements (such as grade 4 point average and standardized scholastic ad- 5 missions tests); and 6 (C) absence of admission programs benefit- 7 ting minority students; and 8 (2) report the findings of the analysis described 9 in paragraph (1) to Congress and the Governor. 10 (i) AUTHORIZATION OF APPROPRIATIONS.—The 11 United States Virgin Islands is authorized to appropriate 12 to carry out this section, out of non-Federal funds of the 13 United States Virgin Islands, $10,000,000 for each of the 14 fiscal years 2015 through 2020, and such sums as may 15 be necessary for each of the succeeding fiscal years. Such 16 funds shall remain available until expended. 17 (j) EFFECTIVE DATE.—This section shall take effect 18 with respect to payments for periods of instruction that 19 begin on or after January 1, 2015. 20 SEC. 4. GENERAL REQUIREMENTS. 21 (a) PERSONNEL.—The Secretary of Education shall 22 arrange for the assignment of an individual, pursuant to 23 subchapter VI of chapter 33 of title 5, United States Code, 24 VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS 11 •HR 4191 IH to serve as an adviser to the Governor with respect to the 1 programs assisted under this Act. 2 (b) ADMINISTRATIVE EXPENSES.—The Governor 3 may use not more than 5 percent of the funds made avail- 4 able for a program under section 3 for a fiscal year to 5 pay the administrative expenses of a program under sec- 6 tion 3 for the fiscal year. 7 (c) INSPECTOR GENERAL REVIEW.—Each of the pro- 8 grams assisted under this Act shall be subject to audit 9 and other review by the Inspector General of the Depart- 10 ment of Education in the same manner as programs are 11 audited and reviewed under the Inspector General Act of 12 1978 (5 U.S.C. App.). 13 (d) GIFTS.—The Governor may accept, use, and dis- 14 pose of donations of services or property for purposes of 15 carrying out this Act. 16 (e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 17 The Governor shall establish rules to adjust the maximum 18 student amounts described in section 3(a)(2)(B) for eligi- 19 ble students described in section 3(c)(2) who transfer be- 20 tween the eligible institutions described in section 21 3(c)(1)(A). 22 Æ VerDate Sep 11 2014 05:40 Dec 09, 2015 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H4191.IH H4191 SSpencer on DSK4SPTVN1PROD with BILLS