[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1288 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1288
To amend the Higher Education Act of 1965 to ensure College for All.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 21, 2021
Mr. Sanders (for himself, Ms. Warren, Mr. Padilla, Mr. Murphy, Mr.
Merkley, Mr. Markey, Mr. Leahy, Mr. Blumenthal, and Mrs. Gillibrand)
introduced the following bill; which was read twice and referred to the
Committee on Finance
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to ensure College for All.
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 ``College for All Act of 2021''.
TITLE I--FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED
FEES
SEC. 101. FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED
FEES.
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
amended by adding at the end the following:
``TITLE IX--FEDERAL-STATE PARTNERSHIP TO ELIMINATE TUITION AND REQUIRED
FEES
``SEC. 901. GRANT PROGRAM TO ELIMINATE TUITION AND REQUIRED FEES AT
PUBLIC INSTITUTIONS OF HIGHER EDUCATION AND TRIBAL
COLLEGES AND UNIVERSITIES.
``(a) Definitions.--In this section:
``(1) Award year.--The term `award year' has the meaning
given the term in section 481(a).
``(2) Community college.--The term `community college'
means--
``(A) a public institution of higher education at
which the credential that is predominantly awarded to
students is at the sub-baccalaureate level; or
``(B) a public postsecondary vocational
institution, as defined under section 102(c).
``(3) Cost of attendance.--The term `cost of attendance'
has the meaning given the term in section 472.
``(4) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(5) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101 of
the Elementary and Secondary Education Act of 1965.
``(6) Eligible indian entity.--The term `eligible Indian
entity' means the entity responsible for the governance,
operation, or control of a Tribal College or University.
``(7) Eligible student.--The term `eligible student' means
an individual, regardless of age, who has not obtained a
baccalaureate degree or higher degree and--
``(A) is enrolled, or plans to enroll, in a
community college in the State in which the individual
is a resident or in a 2-year Tribal College or
University; or
``(B) is a working class or middle class student,
as described in subsection (d)(3), who is enrolled or
plans to enroll in a 4-year public institution of
higher education in the State in which the individual
is a resident or in a 4-year Tribal College or
University.
``(8) Full-time equivalent eligible students.--The term
`full-time equivalent eligible students', when used with
respect to an institution of higher education, has the meaning
given the term `full-time equivalent students', except that the
calculation shall be made based on the number of eligible
students enrolled at such institution.
``(9) Full-time equivalent students.--The term `full-time
equivalent students' means the sum of the number of students
enrolled full time at an institution, plus the full-time
equivalent of the number of students enrolled part time
(determined on the basis of the quotient of the sum of the
credit hours of all part-time students divided by 12) at such
institution.
``(10) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(11) Public 4-year institution of higher education.--The
term `public 4-year institution of higher education' means a
public institution of higher education that is not a community
college.
``(12) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b)(3).
``(13) 2-year tribal college or university.--The term `2-
year Tribal College or University' means a Tribal College or
University at which the credential that is predominantly
awarded to students is at the sub-baccalaureate level.
``(14) 4-year tribal college or university.--The term `4-
year Tribal College or University' means a Tribal College or
University that is not a 2-year Tribal College or University.
``(b) Program Authorized.--
``(1) Grants authorized.--From amounts appropriated under
subsection (g), the Secretary shall award grants, from
allotments under subsection (c), to States and eligible Indian
entities having applications approved under subsection (e), to
enable the States and eligible Indian entities--
``(A) to eliminate tuition and required fees for
all eligible students at community colleges in the
State or at 2-year Tribal Colleges and Universities of
the eligible Indian entity; and
``(B) to eliminate tuition and required fees for
working class and middle class eligible students, as
described in subsection (d)(3), at public 4-year
institutions of higher education in the State or 4-year
Tribal Colleges and Universities of the eligible Indian
entity.
``(2) Non-federal share requirement.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each State or eligible
Indian entity that receives a grant under this section
shall provide a non-Federal share of funds for an award
year from non-Federal sources in an amount that is
equal to 25 percent of the amount required to eliminate
tuition and required fees--
``(i) in the case of a State, at community
colleges in the State for all eligible students
and at public 4-year institutions of higher
education in the State for working class and
middle class eligible students, as described in
subsection (d)(3), for the award year; and
``(ii) in the case of an eligible Indian
entity, at 2-year Tribal Colleges and
Universities of the eligible Indian entity for
all eligible students and at 4-year Tribal
Colleges and Universities of the eligible
Indian entity for working class and middle
class eligible students, as described in
subsection (d)(3), for the award year.
``(B) Non-federal share requirement for certain
eligible indian entities.--
``(i) In general.--In the case of an
eligible Indian entity that receives a grant
under this section for an award year for which
not less than 75 percent of the students
enrolled in the 2-year Tribal Colleges and
Universities and 4-year Tribal Colleges and
Universities of the eligible Indian entity are
low-income students, such eligible Indian
entity shall provide a non-Federal share of
funds from non-Federal sources in an amount
that is equal to not more than 5 percent of the
amount necessary to eliminate tuition and
required fees at 2-year Tribal Colleges and
Universities of the eligible Indian entity for
all eligible students and at 4-year Tribal
Colleges and Universities of the eligible
Indian entity for working class and middle
class eligible students, as described in
subsection (d)(3), for the award year.
``(ii) Low-income student.--In this
subparagraph, the term `low-income student' has
the meaning given such term by the Secretary,
except that such term shall not exclude any
student eligible for a Federal Pell Grant under
section 401.
``(iii) Data.--In calculating the number of
enrolled students and low-income students for
purposes of clause (i), the Secretary shall
use--
``(I) for the first award year of
the program under this section, the
number of students enrolled in award
year 2019-2020; and
``(II) for each subsequent award
year, the projected student enrollment
numbers for the award year for which
the allotment is made.
``(C) Automatic stabilizer.--
``(i) In general.--Notwithstanding
subparagraph (A) and subsection (c)(1), in the
case in which a trigger is turned on--
``(I) under clause (ii) with
respect to a State, the Secretary
shall--
``(aa) apply subparagraph
(A), by substituting `10
percent' for `25 percent'; and
``(bb) apply subsection
(c)(1), by substituting `90
percent' for `75 percent'; and
``(II) under clause (iii) with
respect to an eligible Indian entity,
the Secretary shall--
``(aa) in the case in which
subparagraph (B) is not
applicable--
``(AA) apply
subparagraph (A), by
substituting `10
percent' for `25
percent'; and
``(BB) apply
subsection (c)(1), by
substituting `90
percent' for `75
percent'; or
``(bb) in the case in which
subparagraph (B) is
applicable--
``(AA) apply
subparagraph (B)(i), by
substituting `3
percent' for `5
percent'; and
``(BB) apply
subsection (c)(1), by
substituting `97
percent' for `95
percent'.
``(ii) Trigger for states.--A trigger shall
be turned on under this clause with respect to
a State if--
``(I) the 3-month moving average of
the national prime-age employment-to-
population ratio (PAEPOP) is less than
98 percent of the maximum in the
previous 12 months, and such trigger
shall stay on until the 3-month moving
average of the national PAEPOP has
improved for three consecutive months
and is above 95 percent of the maximum
in the 12 months before the trigger was
turned on;
``(II) the 3-month moving average
of the total unemployment rate (TUR) of
the State is at or above 7.5 percent,
and such trigger shall stay on until
the 3-month moving average of the TUR
of the State falls below 7.5 percent;
or
``(III) the 3-month moving average
of the total unemployment rate (TUR) of
the State is at or above 108 percent of
the maximum in the previous 12 months,
and such trigger shall stay on until
the 3-month moving average of the TUR
of the State falls below 115 percent of
the maximum in the 12 months before the
trigger was turned on.
``(iii) Trigger for eligible indian
entity.--A trigger shall be turned on under
this clause with respect to an eligible Indian
entity if any Tribal College or University
governed, operated, or controlled by the
eligible Indian entity is located in a State
for which a trigger is turned on under clause
(ii).
``(iv) Inclusion of determination in
employment statistics reports.--Notwithstanding
any other provision of law, the Commissioner of
the Bureau of Labor Statistics shall include in
each monthly employment situation report and
each State unemployment and employment report
published by the Commissioner a specific
determination of whether any State or national
trigger is turned on under this subparagraph.
``(3) No in-kind contributions.--No in-kind contribution
shall count toward the non-Federal share requirement under
paragraph (2).
``(4) Sustain and expand existing programs.--The Secretary
shall encourage States to sustain and expand tuition-free
`College Promise' programs that are in existence on the date of
enactment of the College for All Act of 2021, especially for
programs that cover the `last dollar' of tuition and fees after
exhausting Federal and State aid.
``(c) Determination of Allotment.--
``(1) First award year of program.--The Secretary shall
allot, to each eligible State or eligible Indian entity that
submits an application under this section for a grant under
subsection (b)(1) for the first award year of the program under
this section, an amount that is equal to 75 percent (or not
less than 95 percent in the case of an eligible Indian entity
described in subsection (b)(2)(B)) of the total revenue
received--
``(A) in the case of a State, from all eligible
students at community colleges in the State and from
working class and middle class eligible students, as
described in subsection (d)(3), at public 4-year
institutions of higher education in the State in the
form of tuition and required fees for--
``(i) with respect to a State that did not
eliminate tuition and required fees as
described in paragraphs (2) and (3) of
subsection (d) for the preceding award year,
award year 2019-2020; or
``(ii) with respect to a State that has
eliminated tuition and required fees as
described in such paragraphs, the last award
year that the State charged tuition and
required fees; and
``(B) in the case of an eligible Indian entity,
from all eligible students at 2-year Tribal Colleges
and Universities of the eligible Indian entity and from
working class and middle class eligible students, as
described in subsection (d)(3), at 4-year Tribal
Colleges and Universities of the eligible Indian
entity, in the form of tuition and required fees for--
``(i) with respect to an eligible Indian
entity that did not eliminate tuition and
required fees as described in paragraphs (2)
and (3) of subsection (d) for the preceding
award year, award year 2019-2020; or
``(ii) with respect to an eligible Indian
entity that has eliminated tuition and required
fees as described in such paragraphs, the last
award year for which the eligible Indian entity
charged tuition and required fees.
``(2) First award year allotment for states and eligible
indian entities applying after the first year of the program.--
``(A) In general.--The Secretary shall allot to
each eligible State or eligible Indian entity that
submits its first application for a grant under
subsection (b)(1) for the second or a subsequent year
of the program under this section, an amount equal to--
``(i) the product of--
``(I) the allotment the eligible
State or eligible Indian entity would
have received in the first award year
of the program under this section if
the State or eligible Indian entity had
submitted an application for such year;
``(II) the projected full-time
equivalent eligible students figure for
all community colleges and public 4-
year institutions of higher education
of the eligible State, or all 2-year
Tribal Colleges and Universities and 4-
year Tribal Colleges and Universities
of the eligible Indian entity, for the
award year for which the allotment is
made; and
``(III) the amount of additional
expenditures per full-time equivalent
eligible student by the eligible State
or eligible Indian entity that will be
necessary to eliminate tuition and
required fees for each such student for
the award year for which the allotment
is made; divided by
``(ii) the product of--
``(I) the full-time equivalent
eligible students figure for all
community colleges and public 4-year
institutions of higher education of the
eligible State, or all 2-year Tribal
Colleges and Universities and 4-year
Tribal Colleges and Universities of the
eligible Indian entity, for the first
award year of the program for which the
eligible State or eligible Indian
entity was eligible to submit an
application under this section; and
``(II) the amount of expenditures
per full-time equivalent eligible
student by the eligible State or
eligible Indian entity that would have
been necessary to eliminate tuition and
required fees for each such student for
the first award year of the program for
which the eligible State or eligible
Indian entity was eligible to submit an
application under this section.
``(B) Projected enrollment.--If the projected full-
time equivalent eligible students figure of the State
or eligible Indian entity under subparagraph (A) is
more than 25 percent larger than the full-time
equivalent eligible students figure for the preceding
year, the Secretary may challenge such enrollment
projection and offer an alternative enrollment
projection which shall be used in the formula under
subparagraph (A) for determining the allotment.
``(3) Subsequent award years.--
``(A) In general.--The Secretary shall allot to an
eligible State or eligible Indian entity submitting an
application for a grant under subsection (b)(1) for a
second or subsequent year after receiving a grant under
paragraph (1) or (2), an amount equal to--
``(i) the product of--
``(I) the allotment received for
the first award year for which the
eligible State or eligible Indian
entity submitted an application;
``(II) the projected full-time
equivalent eligible students figure for
all community colleges and public 4-
year institutions of higher education
of the eligible State, or all 2-year
Tribal Colleges and Universities and 4-
year Tribal Colleges and Universities
of the eligible Indian entity, for the
award year for which the allotment is
made; and
``(III) the amount of additional
expenditures per full-time equivalent
eligible student by the eligible State
or eligible Indian entity that will be
necessary to eliminate tuition and
required fees for each such student for
the award year for which the allotment
is made; divided by
``(ii) the product of--
``(I) the full-time equivalent
eligible student figure for all
community colleges and public 4-year
institutions of higher education of the
eligible State, or all 2-year Tribal
Colleges and Universities and 4-year
Tribal Colleges and Universities of the
eligible Indian entity, for the first
award year that the State or eligible
Indian entity participates under
paragraph (1) or (2), as the case may
be; and
``(II) the amount of expenditures
per full-time equivalent eligible
student by the eligible State or
eligible Indian entity that was
necessary to eliminate tuition and
required fees for each such student for
the first award year that the State or
eligible Indian entity participates
under paragraph (1) or (2), as the case
may be.
``(B) Projected enrollment.--If the projected full-
time equivalent eligible students figure of the State
or eligible Indian entity under subparagraph (A) is
more than 25 percent larger than the full-time
equivalent eligible students figure for the preceding
year, the Secretary may challenge such enrollment
projection and offer an alternative enrollment
projection which shall be used in the formula under
subparagraph (A) for determining the allotment.
``(4) Actual enrollment figures.--
``(A) In general.--By not later than November 1 of
the second award year for which a State or eligible
Indian entity receives an allotment under this section,
and each succeeding November 1, such State or eligible
Indian entity shall report to the Secretary its actual
full-time equivalent eligible students figure for the
preceding award year.
``(B) Adjustments.--If the actual full-time
equivalent eligible students figure for the preceding
award year reported under subparagraph (A)--
``(i) exceeds the projected enrollment that
was used for determining the allotment for the
preceding award year, notwithstanding any other
provision of this section, the allotment for
the award year in which the November 1 date
falls for the State or eligible Indian entity
shall be increased to reflect such actual
enrollment, which figure shall be increased by
the State Gross Domestic Product Price Index,
or the Gross Domestic Product Price Index of
the State in which the eligible Indian entity
operates; or
``(ii) is below the projected enrollment
that was used for determining the allotment for
the preceding award year, notwithstanding any
other provision of this section, the allotment
for the award year in which the November 1 date
falls for the State or eligible Indian entity
shall be decreased to reflect such actual
enrollment, which figure shall be increased by
the average interest rate on 5-year United
States Treasury securities issued during the
preceding award year.
``(5) Additional funds.--If a State or eligible Indian
entity provides additional funds toward reducing the cost of
attendance and improving instruction at institutions of higher
education beyond the cost of eliminating tuition and required
fees as described in paragraphs (2) and (3) of subsection (d)
for any award year that is more than the non-Federal share
requirement under subsection (b)(2) and the maintenance of
expenditures requirement under paragraphs (4) and (5) of
subsection (d), the Secretary shall provide to the State or
eligible Indian entity an amount equal to such additional
funding provided by the State or eligible Indian entity, which
amount provided by the Secretary may be used for the activities
described in subsection (f)(2).
``(d) State and Eligible Indian Entity Eligibility Requirements.--
In order to be eligible to receive an allotment under this section for
an award year, a State or eligible Indian entity shall comply with the
following:
``(1) Ensure that public institutions of higher education
in the State or Tribal Colleges and Universities of the
eligible Indian entity maintain expenditures on instruction per
full-time equivalent student at levels that are equal to or
exceed the expenditures on instruction per full-time equivalent
student for award year 2019-2020.
``(2) Ensure that tuition and required fees for eligible
students in the State's community college system or eligible
students in the 2-year Tribal Colleges and Universities of the
eligible Indian entity are eliminated.
``(3)(A) Ensure that tuition and required fees for eligible
students attending the State's public 4-year institutions of
higher education or eligible students attending the 4-year
Tribal Colleges and Universities of the eligible Indian entity
are eliminated as follows:
``(i) For the first award year of the program under
this section, the State or eligible Indian entity shall
eliminate tuition and required fees for such students--
``(I) who are dependent students, whose
parents' adjusted gross income for the taxable
year that is 1 year prior to the taxable year
that ends immediately prior to the beginning of
the award year is equal to or less than
$125,000; and
``(II) who are independent students, whose
adjusted gross income for the taxable year that
is 1 year prior to the taxable year that ends
immediately prior to the beginning of the award
year is equal to or less than $125,000.
``(ii) For each award year after the first award
year of the program under this section, the State or
eligible Indian entity shall eliminate tuition and
required fees for such students--
``(I) who are dependent students, whose
parents' adjusted gross income for the taxable
year that is 1 year prior to the taxable year
that ends immediately prior to the beginning of
the award year is equal to or less than the
applicable amount; and
``(II) who are independent students, whose
adjusted gross income for the taxable year that
is 1 year prior to the taxable year that ends
immediately prior to the beginning of the award
year is equal to or less than the applicable
amount.
``(B)(i) In this paragraph, the term `applicable amount'
means an amount equal to, for any award year beginning after
the calendar year that precedes the calendar year in which the
first award year of the program under this section begins, the
greater of--
``(I) the amount determined under this subparagraph
for the preceding award year, or
``(II) an amount equal to the product of--
``(aa) $125,000, and
``(bb) the ratio of--
``(AA) the national average wage
index (as defined in section 209(k)(1)
of the Social Security Act (42 U.S.C.
409(k)(1))) for the calendar year
preceding the calendar year in which
the applicable award year begins, to
``(BB) the national average wage
index (as so defined) for 2020.
``(ii) If any amount determined under clause (i) is not a
multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(4) Maintain State operating expenditures per full-time
equivalent student for public institutions of higher education
in the State, or operating expenditures per full-time
equivalent student for Tribal Colleges and Universities of the
eligible Indian entity, excluding the amount of funds provided
under this section, at a level that is equal to or exceeds the
level of such support for award year 2019-2020.
``(5) Maintain State expenditures on need-based financial
aid programs for enrollment in public institutions of higher
education in the State or expenditures on need-based financial
aid programs for enrollment in Tribal Colleges and Universities
of the eligible Indian entity at a level that is equal to or
exceeds the level of such support for award year 2019-2020.
``(6) Ensure public institutions of higher education in the
State or Tribal Colleges and Universities of the eligible
Indian entity maintain funding for institutional need-based
student financial aid in an amount that is equal to or exceeds
the level of such support for award year 2019-2020.
``(7) Provide an assurance that not later than 5 years
after the first award year for which the grant is awarded, not
less than 75 percent of instruction at public institutions of
higher education in the State or Tribal Colleges and
Universities of the eligible Indian entity is provided by
tenure-track or tenured faculty.
``(8) Provide an assurance that public institutions of
higher education in the State or Tribal Colleges and
Universities of the eligible Indian entity make it a priority
to hire from the existing adjunct, contract, contingent, and
non-tenure track or tenured faculty pool for tenure-track or
tenured faculty positions.
``(9) Require that public institutions of higher education
in the State or Tribal Colleges and Universities of the
eligible Indian entity provide, for each student enrolled at
the institution who receives the maximum Federal Pell Grant
award under subpart 1 of part A of title IV, institutional
student financial aid (excluding student loans) in an amount
equal to 100 percent of the difference between--
``(A) the cost of attendance at such institution;
and
``(B) the sum of--
``(i) the amount of the maximum Federal
Pell Grant award; and
``(ii) the student's expected family
contribution.
``(10) Ensure that public institutions of higher education
in the State or Tribal Colleges and Universities of the
eligible Indian entity not adopt policies to reduce enrollment.
``(11) Provide an assurance that public institutions of
higher education in the State or Tribal Colleges and
Universities of the eligible Indian entity will not charge out
of State students an amount that exceeds the marginal cost of
attending institutions of higher education in the State or
Tribal Colleges and Universities of the eligible Indian entity.
``(12) Provide an assurance that public institutions of
higher education in the State or Tribal Colleges and
Universities of the eligible Indian entity that charge non-
eligible in-State students tuition and required fees, will not
charge such students a rate that exceeds the rate for the last
year that tuition and required fees were charged to eligible
students, increased by the percentage change for subsequent
years in the expenditures per full-time equivalent eligible
student by the State or eligible entity that is necessary to
continue to eliminate tuition and required fees for eligible
students.
``(13) Provide an assurance that public institutions of
higher education in the State or Tribal Colleges and
Universities of the eligible Indian entity maintain a
disability services personnel to enrolled student ratio of 1 to
500, and that such full-time employees be specifically
dedicated to serving students with disabilities.
``(e) Submission and Contents of Application.--For each award year
for which a State or eligible Indian entity desires a grant under this
section, an application shall be submitted to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require. Such application shall be submitted by--
``(1) in the case of a State, the State agency with
jurisdiction over higher education or another agency designated
by the Governor or chief executive of the State to administer
the program under this section; and
``(2) in the case of an eligible Indian entity, the
eligible Indian entity or a Tribal College or University of the
eligible Indian entity.
``(f) Use of Funds.--
``(1) In general.--A State or eligible Indian entity that
receives a grant under this section shall use the grant funds
and the non-Federal share funds required under this section--
``(A) to eliminate tuition and required fees for
all eligible students at community colleges in the
State or at 2-year Tribal Colleges and Universities of
the eligible Indian entity; and
``(B) to eliminate tuition and required fees for
working class and middle class eligible students, as
described in subsection (d)(3), at public 4-year
institutions of higher education in the State or 4-year
Tribal Colleges and Universities of the eligible Indian
entity.
``(2) Additional funding.--Once tuition and required fees
have been eliminated pursuant to paragraph (1), a State or
eligible Indian entity that receives a grant under this section
shall use any remaining grant funds and non-Federal share funds
required under this section to reduce the cost of attendance
and increase the quality of instruction and student support
services at public institutions of higher education in the
State or at Tribal Colleges and Universities of the eligible
Indian entity by carrying out any of the following:
``(A) Providing additional non-loan aid to
students, which may include need-based student
financial aid, to reduce or eliminate the cost of
attendance for a public institution of higher education
or a Tribal College or University beyond eliminating
tuition and required fees.
``(B) Expanding academic course offerings and high-
quality occupational skills training programs to
students.
``(C) Increasing the number and percentage of full-
time instructional faculty, including full-time tenure
and tenure-track instructional faculty.
``(D) Providing all faculty with professional
supports to help students succeed, such as professional
development opportunities, office space, and shared
governance in the institution.
``(E) Compensating part-time faculty for work done
outside of the classroom relating to instruction, such
as holding office hours.
``(F) Strengthening and ensuring all students have
access to student support services such as academic
advising, counseling, and tutoring.
``(G) Expanding access to dual or concurrent
enrollment programs and early college high school
programs.
``(H) Establishing prison education programs in
partnership with local or State correctional
facilities.
``(I) Any other additional activities that improve
instructional quality and academic outcomes for
students as approved by the Secretary through a peer
review process.
``(3) Prohibition.--A State or eligible Indian entity that
receives a grant under this section may not use grant funds or
non-Federal share funds required under this section--
``(A) for the construction of a nonacademic
facility, such as a student center or stadium;
``(B) for merit-based student financial aid;
``(C) for need-based student financial aid (except
to the extent funds available under subsection (c)(5)
are used to carry out paragraph (2)(A));
``(D) to pay the salaries or benefits of school
administrators;
``(E) for capital outlays or deferred maintenance;
or
``(F) for expenditures on athletics other than
activities open to all members of the campus community.
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated,
and there are appropriated, to carry out this section--
``(A) such sums as may be necessary for the fourth
quarter of fiscal year 2021; and
``(B) such sums as may be necessary for each of the
fiscal years 2022 through 2030.
``(2) Availability of funds.--Funds made available pursuant
to paragraph (1)(A) shall be available for obligation from
October 1, 2021 to September 30, 2022. Funds made available
pursuant to subparagraph (B) or (C) of paragraph (1) shall be
available for obligation through September 30 of the fiscal
year succeeding the fiscal year for which such sums were
appropriated.
``SEC. 902. GRANT PROGRAM FOR PRIVATE HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND PRIVATE MINORITY-SERVING INSTITUTIONS.
``(a) Definitions.--Except as otherwise provided, in this section:
``(1) Community college.--The term `community college' has
the meaning given the term in section 901.
``(2) Eligible institution.--
``(A) In general.--Except as provided in
subparagraph (D), the term `eligible institution' means
a private, nonprofit 2-year institution or 4-year
institution that--
``(i) is--
``(I) a part B institution (as
defined in section 322);
``(II) a Hispanic-serving
institution (as defined in section
502);
``(III) a Tribal College or
University (as defined in section 316)
whose entity responsible for the
governance, operation, or control of
the College or University has not
received a grant under section 901;
``(IV) an Alaska Native-serving
institution or a Native Hawaiian-
serving institution (as defined in
section 317(b));
``(V) a Predominantly Black
institution (as defined in section
371(c));
``(VI) an Asian American and Native
American Pacific Islander-serving
institution (as defined in section
371(c)); or
``(VII) a Native American-serving
nontribal institution (as defined in
section 371(c));
``(ii) ensures that tuition and required
fees for eligible students enrolled in the
institution are eliminated during any period
for which the institution receives a grant
under this section;
``(iii) maintains expenditures on
instruction per a full-time equivalent eligible
student at levels that meet or exceed the
expenditures on instruction per a full-time
equivalent eligible student for award year
2019-2020;
``(iv) maintains expenditures on need-based
financial aid programs for students enrolled at
the institution at a level that meets or
exceeds the level of such support for award
year 2019-2020;
``(v) provides an assurance that the
institution will increase the amount of
instruction provided by tenured or tenure-track
faculty; and
``(vi) does not adopt policies to reduce
enrollment.
``(B) 2-year institution.--The term `2-year
institution' means an institution at which the
credential that is predominantly awarded to students is
at the sub-baccalaureate level.
``(C) 4-year institution.--The term `4-year
institution' means an institution that is not a 2-year
institution.
``(D) Exception.--
``(i) In general.--An eligible institution
as described in subparagraph (A) shall not be
an eligible institution for purposes of this
section for the period described in clause (ii)
if such institution was a for-profit
institution at any time that converted to a
nonprofit institution.
``(ii) Period of ineligibility.--An
institution described under clause (i) shall
not be an eligible institution for purposes of
this section for a period of 25 years from the
date the institution converted from a for-
profit institution to a nonprofit institution
or 25 years after the date of enactment of this
Act, whichever period is longer.
``(3) Eligible student.--
``(A) In general.--The term `eligible student'
means a student enrolled in an eligible institution who
has not obtained a baccalaureate degree or a higher
degree and--
``(i) for the first award year of the
program under this section, if the student--
``(I) is a dependent student, the
student's parents' adjusted gross
income for the taxable year that is 1
year prior to the taxable year that
ends immediately prior to the beginning
of the award year is equal to or less
than $125,000; or
``(II) is an independent student,
the student's adjusted gross income for
the taxable year that is 1 year prior
to the taxable year that ends
immediately prior to the beginning of
the award year is equal to or less than
$125,000; and
``(ii) for each award year after the first
award year of the program under this section,
if the student--
``(I) is a dependent student, the
student's parents' adjusted gross
income for the taxable year that is 1
year prior to the taxable year that
ends immediately prior to the beginning
of the award year is equal to or less
than the applicable amount; and
``(II) is an independent student,
the student's adjusted gross income for
the taxable year that is 1 year prior
to the taxable year that ends
immediately prior to the beginning of
the award year is equal to or less than
the applicable amount.
``(B) Applicable amount.--
``(i) In general.--In this paragraph, the
term `applicable amount' means an amount equal
to, for any award year beginning after the
calendar year that precedes the calendar year
in which the first award year of the program
under this section begins, the greater of--
``(I) the amount determined under
this subparagraph for the preceding
award year, or
``(II) an amount equal to the
product of--
``(aa) $125,000, and
``(bb) the ratio of--
``(AA) the national
average wage index (as
defined in section
209(k)(1) of the Social
Security Act (42 U.S.C.
409(k)(1))) for the
calendar year preceding
the calendar year in
which the applicable
award year begins, to
``(BB) the national
average wage index (as
so defined) for 2020.
``(ii) Rounded.--If any amount determined
under clause (i) is not a multiple of $100,
such amount shall be rounded to the nearest
multiple of $100.
``(4) Full-time equivalent eligible students.--The term
`full-time equivalent eligible students' means the sum of the
number of eligible students projected to enroll full time at an
institution for an award year, plus the full-time equivalent of
the number of eligible students projected to be enrolled part
time (determined on the basis of the quotient of the sum of the
credit hours of all part-time eligible students divided by 12)
at such institution, for such award year.
``(5) Public 4-year institution of higher education.--The
term `public 4-year institution of higher education' has the
meaning given the term in section 901.
``(b) Authorization of Grant Program.--
``(1) In general.--From amounts appropriated under
subsection (e), the Secretary shall award grants, from
allotments under paragraph (2), to eligible institutions having
applications approved under subsection (c), to enable the
eligible institutions to eliminate tuition and required fees
for eligible students.
``(2) Allotments.--Subject to paragraph (3), the Secretary
shall allot, for each award year, to each eligible institution
having an application approved under subsection (c), an amount
that is equal to the product of--
``(A) tuition and required fees for eligible
students at the eligible institution for the award
year, and
``(B) the number of full-time equivalent eligible
students projected to enroll in the eligible
institution for the award year.
``(3) Limitations.--
``(A) Limitations on institutional allotments.--In
making allotments under paragraph (2) for an award
year, the Secretary shall not award an allotment that
is--
``(i) with respect to an eligible
institution that operates in a State that has
eliminated tuition and required fees as
described in paragraphs (2) and (3) of section
901(d) for the preceding award year, more than
the amount equal to the product of--
``(I) the number of projected full-
time equivalent eligible students for
the award year; and
``(II) the expenditures per full-
time equivalent eligible student,
including the Federal allotment and
non-Federal share, under section 901
for the preceding award year for the
State (or, in the case of a State that
did not receive a grant under such
section for the preceding award year,
the amount needed to eliminate tuition
and required fees for full-time
equivalent eligible students in the
State, calculated in the same manner as
such amount is calculated under section
901(c) for the preceding award year for
the State), at--
``(aa) if the eligible
institution is a 2-year
institution, community colleges
in the State in which the
institution operates; or
``(bb) if the eligible
institution is a 4-year
institution, public 4-year
institutions of higher
education in the State in which
the institution operates; and
``(ii) with respect to an eligible
institution that operates in a State that has
not eliminated tuition and required fees as
described in paragraphs (2) and (3) of section
901(d) for the preceding award year, more than
the amount equal to the product of--
``(I) the number of projected full-
time equivalent eligible students for
the award year; and
``(II) the average tuition and
required fees for the preceding award
year at--
``(aa) if the eligible
institution is a 2-year
institution, public 2-year
institutions of higher
education in the State in which
the institution operates; or
``(bb) if the eligible
institution is a 4-year
institution, public 4-year
institutions of higher
education in the State in which
the institution operates.
``(B) Limitations on tuition hikes.--
``(i) First award year.--For the first
award year for which an eligible institution
applies for a grant under this section, such
eligible institution shall not increase tuition
and required fees at a rate that is greater
than any annual increase in tuition and
required fees at the eligible institution for
the 5 years preceding such first award year.
``(ii) Succeeding award years.--
``(I) In general.--For each award
year after the first award year for
which an eligible institution receives
a grant under this section, such
eligible institution shall not increase
tuition and required fees for eligible
students from the preceding award year
at a rate that is greater than the
percentage increase in the Employment
Cost Index for the award year for which
the grant is received, as compared to
the Employment Cost Index for the award
year preceding the award year for which
the grant is received.
``(II) Employment cost index.--In
this subparagraph, the term `Employment
Cost Index', when used with respect to
an award year, means the Employment
Cost Index for total compensation for
private industry workers by bargaining
status and census region and division
(not seasonally adjusted) of the
division in which the eligible entity
is located, as provided by the Bureau
of Labor Statistics of the Department
of Labor, that is provided for the
December that immediately precedes the
start of the award year.
``(4) Actual enrollment figures.--
``(A) In general.--By not later than November 1 of
the second award year for which an eligible institution
receives a grant under this section, such eligible
institution shall report to the Secretary its actual
full-time equivalent eligible students figure for the
preceding award year.
``(B) Adjustments.--If the actual full-time
equivalent eligible students figure for the preceding
award year reported under subparagraph (A)--
``(i) exceeds the projected enrollment that
was used for determining the allotment under
subparagraph (2)(B) for the preceding award
year, notwithstanding any other provision of
this Act, the allotment for the award year in
which the November 1 date falls for the
eligible institution shall be increased to
reflect such actual enrollment, which figure
shall be increased by the Gross Domestic
Product Price Index of the State in which the
eligible institution operates; or
``(ii) is below the projected enrollment
that was used for determining the allotment
under subparagraph (2)(B) for the preceding
award year, notwithstanding any other provision
of this Act, the allotment for the award year
in which the November 1 date falls for the
eligible institution shall be decreased to
reflect such actual enrollment, which figure
shall be increased by the average interest rate
on 5-year United States Treasury securities
issued during the preceding award year.
``(c) Application.--An eligible institution that desires to receive
a grant under this section shall submit to the Secretary an application
at such time, in such manner, and containing such information as the
Secretary may require.
``(d) Prohibition.--An eligible institution that receives a grant
under this section may not use grant funds under this section--
``(1) for the construction of a nonacademic facility, such
as a student center or stadium;
``(2) for merit-based or need-based student financial aid;
``(3) to pay the salaries or benefits of school
administrators;
``(4) for capital outlays or deferred maintenance; or
``(5) for expenditures on athletics other than activities
open to all members of the campus community.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated, and there are appropriated, to carry out this section--
``(1) such sums as may be necessary for the fourth quarter
of fiscal year 2021; and
``(2) such sums as may be necessary for each of the fiscal
years 2022 through 2031.''.
TITLE II--FEDERAL PELL GRANT IMPROVEMENTS
SEC. 201. FEDERAL PELL GRANT IMPROVEMENTS.
(a) Mandatory Funding.--Section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a) is amended--
(1) in subsection (a)(1), by striking ``through fiscal year
2017'';
(2) in subsection (b)--
(A) by striking paragraph (1);
(B) by striking subparagraph (A) of paragraph (2);
(C) by redesignating subparagraph (B) of paragraph
(2) as paragraph (2);
(D) by inserting before paragraph (2) (as
redesignated by subparagraph (C)) the following:
``(1) Amount.--The amount of the Federal Pell Grant for a student
eligible under this subpart shall be--
``(A) the maximum Federal Pell Grant described in paragraph
(7); less
``(B) the amount equal to the amount determined to be the
expected family contribution with respect to such student for
such year.'';
(E) in paragraph (4), by striking ``maximum amount
of a Federal Pell Grant award determined under
paragraph (2)(A)'' and inserting ``maximum Federal Pell
Grant described in paragraph (7)'';
(F) in paragraph (5), by striking ``maximum amount
of a Federal Pell Grant award determined under
paragraph (2)(A)'' and inserting ``maximum amount of a
Federal Pell Grant award described in paragraph (7)'';
(G) by striking paragraph (7) and inserting the
following:
``(7) Maximum federal pell grant.--
``(A) Award year 2021-2022.--For award year 2021-
2022, the maximum Federal Pell Grant shall be--
``(i) in the case of an eligible student
who is in attendance at an institution of
higher education described in section 101 or a
Tribal College or University described in
section 316(b)(3), $12,990; or
``(ii) in the case of an eligible student
who is in attendance at an institution of
higher education not described in clause (i),
$6,495.
``(B) Subsequent award year.--For award year 2022-
2023, the maximum Federal Pell Grant shall be equal to
the total maximum Federal Pell Grant for award year
2021-2022 (applicable to the institution at which the
eligible student is in attendance) under this
paragraph--
``(i) increased by the annual adjustment
percentage for the award year for which the
amount under this subparagraph is being
determined; and
``(ii) rounded to the nearest $5.
``(C) Definition of annual adjustment percentage.--
In this paragraph, the term `annual adjustment
percentage,' as applied to an award year, is equal to
the estimated percentage increase in the Consumer Price
Index (as determined by the Secretary, using the
definition in section 478(f)) for the most recent
calendar year ending prior to the beginning of that
award year.''; and
(H) in paragraph (8)(B), by striking ``may exceed''
and all that follows through the period and inserting
``may exceed the maximum Federal Pell Grant available
for an award year.'';
(3) in subsection (c)(5)--
(A) by striking ``shall not exceed 12 semesters, or
the equivalent of 12 semesters, as determined by the
Secretary by regulation'' and inserting ``shall not
exceed 7 years and 6 months''; and
(B) by striking ``only that same fraction of such
semester or equivalent'' and inserting ``only that same
fraction of such year'';
(4) in subsection (e), by striking ``Any disbursement
allowed to be made by crediting the student's account shall be
limited to tuition and fees and, in the case of institutionally
owned housing, room and board. The student may elect to have
the institution provide other such goods and services by
crediting the student's account.'' and inserting ``Payments
under this section may be used by the student for living and
non-tuition expenses.'';
(5) in subsection (f)--
(A) in paragraph (1), by striking the matter
preceding subparagraph (A) and inserting the following:
``After receiving an application for a Federal Pell
Grant under this subpart, the Secretary (including any
contractor of the Secretary processing applications for
Federal Pell Grants under this subpart) shall, in a
timely manner, furnish to the student financial aid
administrator at each institution of higher education
that a student awarded a Federal Pell Grant under this
subpart is attending, the expected family contribution
for each such student. Each such student financial
administrator shall--''; and
(B) in paragraph (3)--
(i) by striking ``after academic year 1986-
1987''; and
(ii) in paragraph (3), by striking ``the
Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of
Representatives, and'';
(6) by striking subsections (g) and (h);
(7) by redesignating subsections (i) and (j) as subsections
(g) and (h), respectively; and
(8) by adding at the end the following:
``(k) Appropriation of Funds.--There are authorized to be
appropriated, and there are appropriated, out of any money in the
Treasury not otherwise appropriated, such sums as may be necessary for
fiscal year 2021 and each subsequent fiscal year to provide the maximum
Federal Pell Grant for which a student shall be eligible under this
section during an award year.''.
(b) Repeal of Scoring Requirement.--Section 406 of H. Con. Res. 95
(109th Congress) is amended--
(1) by striking subsection (b); and
(2) by striking ``(a) In General.--Upon'' and inserting the
following: ``Upon''.
(c) Amendment to the FAFSA Simplification Act.--
(1) In general.--Section 401 of the Higher Education Act of
1965, as amended by section 703 of the FAFSA Simplification Act
(title VII of division FF of Public Law 116-260), is amended--
(A) in subsection (b), by striking paragraphs (5),
(6), and (7) and inserting the following:
``(5) Maximum federal pell grant.--
``(A) In general.--For award year 2023-2024, and
each subsequent award year, the total maximum Federal
Pell Grant shall be equal to the total maximum Federal
Pell Grant for the preceding award year (applicable to
the institution at which the eligible student is in
attendance)--
``(i) increased by the annual adjustment
percentage for the award year for which the
amount under this subparagraph is being
determined; and
``(ii) rounded to the nearest $5.
``(B) Definition of annual adjustment percentage.--
In this paragraph, the term `annual adjustment
percentage,' as applied to an award year, is equal to
the estimated percentage increase in the Consumer Price
Index (as determined by the Secretary, using the
definition in section 478(f)) for the most recent
calendar year ending prior to the beginning of that
award year.
``(6) Appropriation of funds.--There are authorized to be
appropriated, and there are appropriated, out of any money in
the Treasury not otherwise appropriated, such sums as may be
necessary for fiscal year 2023 and each subsequent fiscal year
to provide the maximum Federal Pell Grant for which a student
shall be eligible under this section during an award year.
``(7) No effect on previous appropriations.--The amendments
made to this section by the FAFSA Simplification Act shall
not--
``(A) increase or decrease the amounts that have
been appropriated or are available to carry out this
section for fiscal year 2017, 2018, 2019, 2020, 2021,
or 2022 as of the day before the effective date of such
Act; or
``(B) extend the period of availability for
obligation that applied to any such amount, as of the
day before such effective date.'';
(B) in subsection (d)(5)(A), by striking ``shall
not exceed 12 semesters, or the equivalent of 12
semesters, as determined by the Secretary by
regulation'' and inserting ``shall not exceed 7 years
and 6 months'';
(C) in subsection (f), by striking ``Any
disbursement allowed to be made by crediting the
student's account shall be limited to tuition and fees,
and food and housing if that food and housing is
institutionally owned or operated. The student may
elect to have the institution provide other such goods
and services by crediting the student's account.'' and
inserting ``Payments under this section may be used by
the student for living and non-tuition expenses.'';
(D) by striking subsections (g) and (h); and
(E) by redesignating subsections (i) and (j) as
subsections (g) and (h), respectively.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in section 703 of the FAFSA
Simplification Act (title VII of division FF of Public Law 116-
260) and subject to the effective date of section 701(b) of
such Act.
(d) Federal Pell Grant Eligibility for Dreamer Students.--
(1) In general.--Section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091) is amended--
(A) in subsection (a)(5), by inserting ``, or be a
Dreamer student, as defined in subsection (u)'' after
``becoming a citizen or permanent resident''; and
(B) by adding at the end the following:
``(u) Dreamer Students.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) was younger than 16 years of age on the date
on which the individual initially entered the United
States;
``(B) has provided a list of each secondary school
that the student attended in the United States; and
``(C)(i) has earned a high school diploma, the
recognized equivalent of such diploma from a secondary
school, or a high school equivalency diploma in the
United States or is scheduled to complete the
requirements for such a diploma or equivalent before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or has completed not less than 2 years
in a program for a baccalaureate degree or higher
degree at an institution of higher education in the
United States and has made satisfactory academic
progress, as defined in subsection (c), during such
time period;
``(iii) at any time was eligible for a grant of
deferred action under--
``(I) the June 15, 2012, memorandum from
the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United
States as Children'; or
``(II) the November 20, 2014, memorandum
from the Secretary of Homeland Security
entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the
United States as Children and with Respect to
Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'; or
``(iv) has served in the uniformed services, as
defined in section 101 of title 10, United States Code,
for not less than 4 years and, if discharged, received
an honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when the Department shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) for an individual to qualify as a Dreamer student under
such paragraph, if the individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement of paragraph
(1)(C).''.
(2) Amendment to the fafsa simplification act.--
(A) In general.--Section 484 of the Higher
Education Act of 1965, as amended by section
702(n)(1)(A) of the FAFSA Simplification Act (title VII
of division FF of Public Law 116-260), is amended by
adding at the end the following:
``(u) Dreamer Students.--
``(1) In general.--In this section, the term `Dreamer
student' means an individual who--
``(A) was younger than 16 years of age on the date
on which the individual initially entered the United
States;
``(B) has provided a list of each secondary school
that the student attended in the United States; and
``(C)(i) has earned a high school diploma, the
recognized equivalent of such diploma from a secondary
school, or a high school equivalency diploma in the
United States or is scheduled to complete the
requirements for such a diploma or equivalent before
the next academic year begins;
``(ii) has acquired a degree from an institution of
higher education or has completed not less than 2 years
in a program for a baccalaureate degree or higher
degree at an institution of higher education in the
United States and has made satisfactory academic
progress, as defined in subsection (c), during such
time period;
``(iii) at any time was eligible for a grant of
deferred action under--
``(I) the June 15, 2012, memorandum from
the Secretary of Homeland Security entitled
`Exercising Prosecutorial Discretion with
Respect to Individuals Who Came to the United
States as Children'; or
``(II) the November 20, 2014, memorandum
from the Secretary of Homeland Security
entitled `Exercising Prosecutorial Discretion
with Respect to Individuals Who Came to the
United States as Children and with Respect to
Certain Individuals Who Are the Parents of U.S.
Citizens or Permanent Residents'; or
``(iv) has served in the uniformed services, as
defined in section 101 of title 10, United States Code,
for not less than 4 years and, if discharged, received
an honorable discharge.
``(2) Hardship exception.--The Secretary shall issue
regulations that direct when the Department shall waive the
requirement of subparagraph (A) or (B), or both, of paragraph
(1) for an individual to qualify as a Dreamer student under
such paragraph, if the individual--
``(A) demonstrates compelling circumstances for the
inability to satisfy the requirement of such
subparagraph (A) or (B), or both; and
``(B) satisfies the requirement of paragraph
(1)(C).''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
section 702(n)(1)(A) of the FAFSA Simplification Act
(title VII of division FF of Public Law 116-260) and
subject to the effective date of section 701(b) of such
Act.
(e) Full Exclusion From Gross Income for Pell Grants.--
(1) In general.--Section 117(b) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(3) Special rule for pell grants.--Amounts received under
a Federal Pell Grant under subpart 1 of part A of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.)
shall be treated as an amount received as a qualified
scholarship notwithstanding whether such amount was used for
qualified tuition and related expenses.''.
(2) Effective date.--The amendment made by this subsection
shall apply to amounts received in taxable years beginning
after the date of the enactment of this Act.
TITLE III--EQUITY GRANTS
SEC. 301. PELL BONUS.
Title III of the Higher Education Act of 1965 (20 U.S.C. 1051a et
seq.) is amended by adding at the end the following:
``PART H--EQUITY GRANTS
``SEC. 399A. EQUITY GRANTS.
``(a) In General.--The Secretary shall award grants to eligible
institutions to enable the eligible institutions to invest in support
programs with the goal of improving student outcomes.
``(b) Eligible Institutions.--In this section:
``(1) In general.--The term `eligible institution' means--
``(A) an under-funded institution; or
``(B) a--
``(i) part B institution (as defined in
section 322);
``(ii) Hispanic-serving institution (as
defined in section 502);
``(iii) Tribal College or University (as
defined in section 316);
``(iv) Alaska Native-serving institution
(as defined in section 317(b));
``(v) Native Hawaiian-serving institution
(as defined in section 317(b));
``(vi) Predominantly Black Institution (as
defined in section 318);
``(vii) Asian American and Native American
Pacific Islander-serving institution (as
defined in section 320(b)); or
``(viii) Native American-serving, nontribal
institution (as defined in section 319).
``(2) Under-funded institution.--The term `under-funded
institution' means a public 2-year institution of higher
education or public 4-year institution of higher education that
receives less than the national average State appropriations
per full-time equivalent students.
``(c) Applications.--An eligible institution that desires to
receive a grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require, including, if the eligible
institution is an under-funded institution--
``(1) an assurance that the State in which the institution
is located will provide a non-Federal share of funds for an
award year from non-Federal sources in an amount that is equal
to 25 percent of the amount required to carry out the
activities described in this section; and
``(2) a description of how the State in which the
institution is located will prioritize spending for under-
funded institutions in the State and close gaps in State
appropriations per full-time equivalent students in
institutions in the State described in subsection (b)(1)(B).
``(d) Grant Amounts.--The Secretary shall award a grant under this
section to an eligible institution in an amount based on the number of
students enrolled at the institution who receive a Federal Pell Grant.
``(e) Use of Grant Funds.--An eligible institution that receives a
grant under this section shall use the grant funds exclusively to
invest in support programs with the goal of improving student outcomes
such as attendance, grades, and graduation rates, including through--
``(1) making investments in reforming remedial education;
``(2) making investments in academic advisors, mental
health counselors, trauma-informed care, and tutors; and
``(3) reducing class sizes.
``(f) Goals.--The Secretary shall set goals on student outcomes for
eligible institutions that receive grants under this section.
``(g) Progress.--The Secretary shall track progress in improving
student outcomes for eligible institutions that receive grants under
this section, including conducting independent evaluations of support
programs funded under this section.
``(h) Supplement, No Supplant.--An eligible institution that
receives a grant under this section shall use the grant funds to
supplement, and not supplant, any non-Federal funds available to
improve student outcomes.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) such sums as may be necessary for the fourth quarter
of fiscal year 2021;
``(2) $10,000,000,000 for fiscal year 2022; and
``(3) such sums as may be necessary for each of the
following fiscal years.''.
TITLE IV--INCREASING SUPPORT FOR STUDENTS
SEC. 401. INCREASING SUCCESS FOR LOW-INCOME AND FIRST GENERATION
STUDENTS.
(a) Authorization of Appropriations for Federal TRIO Programs.--
Section 402A(g) of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11(g)) is amended by inserting after the first sentence the following:
``For the purpose of making grants and contracts under this chapter,
there are authorized to be appropriated $3,000,000,000 for fiscal year
2022, and such sums as may be necessary for each of fiscal years 2023
through 2031.''.
(b) Authorization of Appropriations for GEAR UP Programs.--Section
404H of the Higher Education Act of 1965 (20 U.S.C. 1070a-28) is
amended by striking ``$400,000,000'' and all that follows through the
period and inserting ``$736,000,000 for fiscal year 2022, and such sums
as may be necessary for each of fiscal years 2023 through 2025.''.
TITLE V--SNYDER ACT
SEC. 501. RULE OF CONSTRUCTION REGARDING THE SNYDER ACT.
Nothing in this Act, or an amendment made by this Act, shall be
construed to change or abrogate the Federal Government's
responsibilities under the Act of November 2, 1921 (commonly known as
the ``Snyder Act'') (25 U.S.C. 13).
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