[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1396 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1396
To amend the Higher Education Act of 1965 to establish State and Indian
Tribe grants for community colleges and grants for Historically Black
Colleges and Universities, Tribal Colleges and Universities, and
Minority-Serving Institutions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2021
Ms. Baldwin (for herself, Mrs. Murray, Mr. Van Hollen, Ms. Klobuchar,
Mr. Leahy, Ms. Hirono, Mr. Cardin, Ms. Duckworth, Mrs. Gillibrand, and
Mr. Durbin) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Higher Education Act of 1965 to establish State and Indian
Tribe grants for community colleges and grants for Historically Black
Colleges and Universities, Tribal Colleges and Universities, and
Minority-Serving Institutions, and for other purposes.
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 ``America's College Promise Act of
2021''.
TITLE I--STATE AND INDIAN TRIBE GRANTS FOR COMMUNITY COLLEGES
SEC. 101. PROGRAM AUTHORIZED.
Title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.) is amended by adding at the end the following:
``PART J--AMERICA'S COLLEGE PROMISE FEDERAL-STATE PARTNERSHIP
``Subpart 1--State and Indian Tribe Grants for Community Colleges
``SEC. 499A. IN GENERAL.
``From amounts appropriated under section 499G for any fiscal year,
the Secretary shall award grants to eligible States and Indian tribes
to pay the Federal share of expenditures needed to carry out the
activities and services described in section 499E.
``SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE.
``(a) Federal Share.--
``(1) In general.--Subject to paragraph (2), the amount of
the Federal share of a grant under this subpart shall be based
on a formula, determined by the Secretary, that provides, for
each eligible student in the State or Indian tribe, a per-
student amount that is equal to 75 percent of--
``(A) for the 2022-2023 award year, the average
resident community college tuition and fees per student
in all States for the most recent year for which data
are available; and
``(B) for each subsequent award year, the amount
determined under this paragraph for the preceding award
year, increased by the lesser of--
``(i) a percentage equal to the estimated
percentage increase in the Consumer Price Index
(as determined by the Secretary) since the date
of such determination; or
``(ii) 3 percent.
``(2) Indian tribes.--The amount of the Federal share for
an Indian tribe receiving a grant under this subpart shall be
the lesser of--
``(A) the amount determined in accordance with
paragraph (1) with respect to such tribe; or
``(B) the amount that is 95 percent of the total
amount needed to waive tuition and fees for all
eligible students enrolled in the community colleges
operated or controlled by such tribe.
``(b) State or Tribal Share.--
``(1) Formula.--
``(A) In general.--Subject to subparagraph (B), the
State or tribal share of a grant under this subpart for
each fiscal year shall be the amount needed to pay 25
percent of the average resident community college
tuition and fees per student in the 2022-2023 award
year for all eligible students in the State or tribe
for such fiscal year.
``(B) Indian tribes.--The tribal share of a grant
awarded to an Indian tribe under this subpart for each
fiscal year shall be the lesser of--
``(i) the amount determined in accordance
with subparagraph (A) with respect to such
tribe; or
``(ii) 5 percent of the total amount needed
to waive tuition and fees for all eligible
students enrolled in the community colleges
operated or controlled by such tribe.
``(2) Need-based aid.--A State or Indian tribe may include,
as part of the State or tribal share, any need-based financial
aid that--
``(A) is provided from State or tribal funds to an
eligible student; and
``(B) may be used by such student to pay costs of
attendance other than tuition and fees.
``(3) No in-kind contributions.--A State or Indian tribe
shall not include in-kind contributions for purposes of the
State or tribal share described in paragraph (1).
``(c) Determining Number of Eligible Students.--
``(1) In general.--For purposes of subsection (a) and
subsection (b), the Secretary shall develop and implement a
formula for accurately estimating the number of eligible
students in a State or Indian tribe and for making adjustments
based on the number of eligible students enrolled on less than
a full-time basis and the associated tuition and fees charged
to such students in proportion to the degree to which each such
student is not attending on a full-time basis.
``(2) Initial determination.--For the first year for which
grants are awarded under this subpart, the number of eligible
students in a State or Indian tribe shall be considered to be
equal to the number of eligible students who were in the State
or tribe for the preceding school year.
``(d) Adjustment of Grant Amount.--Not later than 180 days after
the date on which a State or Indian tribe receives a grant under this
subpart, the Secretary shall--
``(1) in consultation with the State or tribe concerned,
determine whether the actual number of eligible students in the
State or tribe for the year covered by the grant is greater
than the estimated number of such students that was used to
determine the amount of the grant; and
``(2) in the case of a determination under paragraph (1)
that the actual number of eligible students in the State or
tribe is higher than such estimate, issue a supplementary grant
payment to the State or tribe in an amount that ensures that
the total amount of the grant funds received by the State or
tribe under this subpart for the year covered by the grant
accurately reflects the higher number of eligible students.
``SEC. 499C. APPLICATIONS.
``(a) Submission.--In order to receive a grant under this subpart,
a State or Indian tribe shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require.
``(b) Contents.--Each application under subsection (a) shall
include--
``(1) an estimate of the number of eligible students in the
State or Indian tribe and the cost of waiving community college
tuition and fees for all eligible students for each fiscal year
covered by the grant;
``(2) an assurance that each community college in the
State, or operated or controlled by the Indian tribe, as
applicable, will waive tuition and fees for eligible students
in accordance with section 499D(a);
``(3) a description of the promising and evidence-based
institutional reforms and innovative practices to improve
student outcomes, including transfer and completion rates, that
have been or will be adopted by each such community college,
such as--
``(A) providing comprehensive academic, career, and
student support services (including mentoring,
advising, case management services, and career pathway
navigation), especially for low-income, first-
generation, and adult students, and other students
belonging to racial and other groups that are
historically underrepresented in higher education;
``(B) providing direct support services, or
assistance in applying for such services, such as--
``(i) childcare, transportation, and
emergency financial assistance;
``(ii) assistance in obtaining health
insurance coverage and accessing health care
services, including behavioral and mental
health services;
``(iii) affordable housing;
``(iv) nutrition assistance programs or
free or discounted food; and
``(v) means-tested Federal benefit
programs, or similar State, tribal, or local
benefit programs;
``(C) providing accelerated learning opportunities,
such as dual or concurrent enrollment programs,
including early college high school programs, and
reforming course scheduling and credit awarding
policies to better meet the needs of students and
shorten time to completion;
``(D) strengthening and reforming remedial and
developmental education, especially for low-income,
first-generation, and adult students, and other
students belonging to racial and other groups that are
historically underrepresented in higher education,
including through the use of multiple measures (such as
a student's college entrance examination score, grade
point average, high school course list, or a placement
examination) to identify students in need of remedial
education;
``(E) utilizing career pathways, including through
building capacity for career and technical education,
as defined in section 3(5) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302(5)), and programs of study, as defined in section
3(41) of such Act (20 U.S.C. 2302(41)), or degree
pathways; or
``(F) providing expanded opportunities for
participating in work-based learning, which may include
apprenticeship programs, in students' programs of
study;
``(4) a description of how the State or Indian tribe will
ensure that programs leading to a recognized postsecondary
credential meet the quality criteria established by the State
under section 123(a) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3153(a)) or other quality criteria
determined appropriate by the State or Indian tribe;
``(5) an assurance that each community college in the State
or under the authority of the Indian tribe have entered into
program participation agreements under section 487;
``(6) an assurance that the State or Indian tribe will, to
the maximum extent practicable, assist eligible students in
obtaining information about and accessing means-tested Federal
benefit programs and similar, State, tribal, and local benefit
programs for which such students may be eligible;
``(7) an assurance that, for each year of the grant, the
State or Indian tribe will notify each eligible student of the
student's remaining eligibility for assistance under this
subpart;
``(8) if the application is submitted by a State--
``(A) a description of how the State will support
the scaling and increased adoption of the reforms and
practices described in paragraph (3);
``(B) an assurance that the State will, to the
extent practicable, consider changes to State law that
will enable more community college students to be
eligible for means-tested Federal benefit programs and
similar State benefit programs;
``(C) an assurance that the State will meet the
requirements of section 499D(b)(1) relating to the
alignment of secondary and postsecondary education; and
``(D) an assurance that the State will meet the
requirements of section 499D(b)(2) relating to the
improvement of transfer pathways between institutions
of higher education; and
``(9) an assurance that the State or Indian tribe will
clearly communicate to prospective students, their families,
and the general public--
``(A) plans to implement the program funded under
this subpart; and
``(B) how eligible students can attend a community
college operated by the State or tribe without paying
the cost of tuition and fees.
``SEC. 499D. PROGRAM REQUIREMENTS.
``(a) General Requirements for States and Indian Tribes.--As a
condition of receiving a grant under this subpart, a State or Indian
tribe shall meet the following requirements:
``(1) For each year of the grant the total amount of
community college tuition and fees charged to an eligible
student in the State or Indian tribe shall be $0.
``(2) For each year of the grant no amount of financial
assistance for which an eligible student qualifies may be
applied to such tuition or fees.
``(b) State Requirements.--As a condition of receiving a grant
under this subpart, a State shall meet the following requirements:
``(1) Alignment of k-12 and higher education.--
``(A) In general.--The State shall--
``(i) submit a plan to align the
requirements for receiving a regular high
school diploma from public schools in the State
with the requirements for entering credit-
bearing coursework at community colleges in
such State; and
``(ii) not later than 3 years after the
date on which the State first receives a grant
under this subpart, certify to the Secretary
that such alignment has been achieved.
``(B) Failure to certify.--If a State does not
provide the certification required under subparagraph
(A) by the date specified in such subparagraph, the
State shall submit to the Secretary, at such time and
in such manner as the Secretary may require--
``(i) a written explanation for the delay
in making the certification; and
``(ii) a plan that will enable the State to
make the certification by not later than 5
years after the date on which the State first
received a grant under this subpart.
``(2) Transfer pathways.--
``(A) In general.--The State shall--
``(i) submit a plan, developed in
collaboration with faculty from institutions of
higher education in the State, to improve
transfer pathways between institutions of
higher education in the State, including by--
``(I) ensuring that associate
degrees awarded by community colleges
in the State are fully transferable to,
and credited as, the first 2 years of
related baccalaureate programs at
public institutions of higher education
in such State; and
``(II) ensuring that students
attending community colleges in the
State have access to comprehensive
counseling regarding the process for
transferring to a 4-year institution of
higher education; and
``(ii) not later than 3 years after the
date on which the State first receives a grant
under this subpart, certify to the Secretary
that the State is carrying out the plan
submitted in accordance with clause (i) and is
meeting the requirements of subclauses (I) and
(II) of such clause.
``(B) Failure to certify.--If a State does not
provide the certification required under subparagraph
(A) by the date specified in such subparagraph, the
State shall submit to the Secretary, at such time and
in such manner as the Secretary may require--
``(i) a written explanation for the delay
in making the certification; and
``(ii) a plan that will enable the State to
make the certification by not later than 5
years after the date on which the State first
received a grant under this subpart.
``(3) Applicability.--The Secretary may not apply the
requirements under this subsection to an Indian tribe.
``(c) No Additional Eligibility Requirements.--A State or Indian
tribe that receives a grant under this subpart may not impose
additional eligibility requirements on eligible students other than the
requirements under this subpart.
``SEC. 499E. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b), a State or
Indian tribe shall use a grant under this subpart only to provide funds
to each community college in the State, or operated or controlled by
such tribe, as applicable, to enable each such community college to
waive tuition and fees for eligible students as required under section
499D(a).
``(b) Additional Uses.--If a State or Indian tribe demonstrates to
the Secretary that the State or Indian tribe has grant funds remaining
after meeting the demand for activities described in subsection (a),
the State or Indian tribe may use those funds to carry out 1 or more of
the following:
``(1) Enhancing the quality and equity of public higher
education to improve student outcomes, including transfer and
completion rates and labor market outcomes.
``(2) Investing in and diversifying the academic workforce.
``(3) Expanding the scope and capacity of high-quality
academic and occupational skills training programs at community
colleges, which may include collaboration with one or more
industry or sector partnerships (as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3201)).
``(4) Improving postsecondary education readiness in the
State or Indian tribe, including through outreach and early
intervention.
``(5) Expanding access to dual or concurrent enrollment
programs, such as early college high school programs.
``(6) Reducing unmet need at public 4-year institutions of
higher education.
``(c) Use of Funds for Administrative Purposes.--A State or Indian
tribe that receives a grant under this subpart may not use any funds
provided under this subpart for administrative purposes relating to
such grant.
``(d) Maintenance of Effort.--A State or Indian tribe receiving a
grant under this subpart shall be entitled to receive its full
allotment of funds under this subpart for a fiscal year only if, for
each year of the grant, the State or Indian tribe provides--
``(1) State fiscal support for higher education per FTE
student at a level equal to or exceeding the average amount of
State fiscal support for higher education per FTE student
provided for the 3 consecutive preceding fiscal years;
``(2) financial support for operational expenses (excluding
capital expenses and research and development costs) for public
4-year institutions of higher education at a level equal to or
exceeding the average amount provided for the 3 consecutive
preceding State or Indian tribe fiscal years; and
``(3) financial support for need-based financial aid at a
level equal to or exceeding the average amount provided for the
3 consecutive preceding State or Indian tribe fiscal years.
``(e) Supplement, Not Supplant.--Funds made available under this
subpart shall be used to supplement, and not supplant, other Federal,
State, tribal, and local funds that would otherwise be expended to
carry out activities described in this section.
``(f) Report Requirements.--
``(1) Reporting by states and indian tribes.--A State or
Indian tribe receiving a grant under this subpart shall submit
to the Secretary an annual report that shall include--
``(A) the uses of grant funds under this subpart;
``(B) the progress made in fulfilling the
requirements of the grant;
``(C) the rates of transfer, graduation, and
attainment of recognized postsecondary credentials at
participating community colleges, disaggregated by
race, income, and age; and
``(D) any other information that the Secretary may
require.
``(2) Reporting by secretary.--The Secretary shall, on an
annual basis--
``(A) compile and analyze the information described
in paragraph (1); and
``(B) prepare and submit to the authorizing
committees a report containing--
``(i) the analysis described in
subparagraph (A); and
``(ii) an identification of State and
Indian tribe best practices for achieving the
purpose of this subpart.
``(g) Technical Assistance.--The Secretary shall provide technical
assistance to eligible States and Indian tribes concerning best
practices regarding the promising and evidence-based institutional
reforms and innovative practices to improve student outcomes and shall
disseminate such best practices among the States and Indian tribes.
``(h) Continuation of Funding.--
``(1) In general.--Except as provided in paragraph (2), a
State or Indian tribe receiving a grant under this subpart for
a fiscal year may continue to receive funding under this
subpart for future fiscal years conditioned on the availability
of budget authority and on meeting the requirements of the
grant, as determined by the Secretary.
``(2) Discontinuation.--The Secretary may discontinue
funding of the Federal share of a grant under this subpart if
the State or Indian tribe has violated the terms of the grant
or is not making adequate progress in implementing the reforms
described in the application submitted under section 499C.
``SEC. 499F. AUTOMATIC STABILIZERS FOR AMERICA'S COLLEGE PROMISE.
``(a) Maintenance of Effort Relief.--Notwithstanding subsection (d)
of section 499E, a State that meets the qualifying spending
requirements may request a waiver of the requirements under such
subsection (d). The Secretary shall waive the requirements of such
subsection (d) for a State that makes a qualifying request under this
subsection as follows:
``(1) Tier i.--With respect to each State eligible for
relief under tier I, such requirements shall be waived for the
fiscal year succeeding the fiscal year in which the
determination of the State's eligibility for such relief is
made.
``(2) Tiers ii through v.--With respect to each State
eligible for relief under tier II, III, IV, or V, such
requirements shall be waived, in accordance with subsection
(d), for--
``(A) the fiscal year in which the determination of
the State's eligibility for such relief is made;
``(B) the fiscal year succeeding the fiscal year
described in subparagraph (A); or
``(C) both such fiscal years.
``(b) Match Relief.--
``(1) State match relief.--Notwithstanding subsection (b)
of section 499B, a State that is eligible for relief under tier
II, III, IV, or V may request relief with respect to the
requirements of such subsection (b). The Secretary shall
provide relief from the requirements of such subsection (b),
for the applicable fiscal year or years, for a State that makes
a qualifying request under this paragraph as follows:
``(A) Tier ii.--With respect to a State that is
eligible for relief under tier II, the Secretary
shall--
``(i) apply section 499B(a)(1) by
substituting `80 percent' for `75 percent'; and
``(ii) apply section 499B(b)(1)(A) by
substituting `20 percent' for `25 percent'.
``(B) Tier iii.--With respect to a State that is
eligible for relief under tier III, the Secretary
shall--
``(i) apply section 499B(a)(1) by
substituting `85 percent' for `75 percent'; and
``(ii) apply section 499B(b)(1)(A) by
substituting `15 percent' for `25 percent'.
``(C) Tier iv.--With respect to a State that is
eligible for relief under tier IV, the Secretary
shall--
``(i) apply section 499B(a)(1) by
substituting `90 percent' for `75 percent'; and
``(ii) apply section 499B(b)(1)(A) by
substituting `10 percent' for `25 percent'.
``(D) Tier v.--With respect to a State that is
eligible for relief under tier V, the Secretary shall--
``(i) apply section 499B(a)(1) by
substituting `95 percent' for `75 percent'; and
``(ii) apply section 499B(b)(1)(A), by
substituting `5 percent' for `25 percent'.
``(2) Applicable fiscal years.--With respect to each State
eligible for relief under tier II, III, IV, or V, the Secretary
shall provide the relief under paragraph (1), in accordance
with subsection (d), for--
``(A) the fiscal year in which the determination of
the State's eligibility for such relief is made;
``(B) the fiscal year succeeding the fiscal year
described in subparagraph (A); or
``(C) both such fiscal years.
``(c) State Eligibility.--A State's eligibility for relief under
this section shall be determined as follows:
``(1) Tier i.--A State shall be eligible for relief under
tier I for a fiscal year in which--
``(A)(i) the State was in an elevated unemployment
period at any point in the fiscal year; or
``(ii) the Nation as a whole was in an elevated
unemployment period at any point in the fiscal year;
and
``(B) the State is not eligible for relief under
any other tier.
``(2) Tier ii.--A State shall be eligible for relief under
tier II for a fiscal year in which--
``(A)(i) the State average unemployment rate was
equal to or greater than 6.5 percent but less than 7.5
percent at any point in the fiscal year; or
``(ii) the national average unemployment rate is
equal to or greater than 6.5 percent but less than 7.5
percent at any point in the fiscal year; and
``(B) the State is not eligible for relief under
tier III, IV, or V.
``(3) Tier iii.--A State shall be eligible for relief under
tier III for a fiscal year in which--
``(A)(i) the State average unemployment rate was
equal to or greater than 7.5 percent but less than 8.5
percent at any point in the fiscal year; or
``(ii) the national average unemployment rate is
equal to or greater than 7.5 percent but less than 8.5
percent at any point in the fiscal year; and
``(B) the State is not eligible for relief under
tier IV or V.
``(4) Tier iv.--A State shall be eligible for relief under
tier IV for a fiscal year in which--
``(A)(i) the State average unemployment rate was
equal to or greater than 8.5 percent but less than 9.5
percent at any point in the fiscal year; or
``(ii) the national average unemployment rate is
equal to or greater than 8.5 percent but less than 9.5
percent at any point in the fiscal year; and
``(B) the State is not eligible for relief under
tier V.
``(5) Tier v.--A State shall be eligible for relief under
tier V for a fiscal year in which--
``(A) the State average unemployment rate was equal
to or greater than 9.5 percent at any point in the
fiscal year; or
``(B) the national average unemployment rate is
equal to or greater than 9.5 percent at any point in
the fiscal year.
``(d) Discretion in the Provision of Relief.--In determining the
fiscal years for which to provide relief in accordance with subsections
(a)(2) and (b) to a State that is eligible under tier II, III, IV, or
V, the Secretary shall take into account the following:
``(1) In the case of a State that requests relief under
subsection (a)(2), the fiscal years for which the State
requests such relief, including--
``(A) if the State requests such relief for the
fiscal year for which the determination of the State's
eligibility for such relief is made, the amount by
which the State is unable to meet the requirements of
section 499E(d) for such fiscal year; and
``(B) if the State requests such relief for the
fiscal year succeeding the year described in
subparagraph (A), the amount by which the State
anticipates being unable to meet such requirements for
such succeeding fiscal year.
``(2) In the case of a State that requests relief under
subsection (b), the fiscal years for which the State requests
such relief, including--
``(A) if the State requests such relief for the
fiscal year for which the determination of the State's
eligibility for such relief is made, the extent to
which the State is unable to meet the requirements of
section 499B(b) for such fiscal year; and
``(B) if the State requests such relief for the
fiscal year succeeding the year described in
subparagraph (A), the extent to which the State
anticipates being unable to meet such requirements for
such succeeding fiscal year.
``(3) The actual or anticipated timing, severity, and
duration of the unemployment rate increase during--
``(A) the fiscal year for which the determination
of the State's eligibility for such relief is made;
``(B) the fiscal year succeeding the fiscal year
described in subparagraph (A); and
``(C) the fiscal year preceding the fiscal year
described in subparagraph (A).
``(4) Other factors determined to be relevant by the
Secretary.
``(e) Indian Tribes.--
``(1) In general.--For purposes of determining the
eligibility of an Indian tribe to receive relief under this
section--
``(A) an Indian tribe that operates or controls a
community college in a State that is eligible for
relief under any tier shall be treated as a State for
purposes of receiving relief under such tier, except as
otherwise provided in paragraph (2); and
``(B) in the case of an Indian tribe that operates
or controls a community college in at least 2 different
States each of which is eligible for relief under
different tiers, the Indian tribe shall receive relief
under the tier offering the greatest level of relief.
``(2) Indian tribe match relief.--Notwithstanding
subsection (b) of section 499B, an Indian tribe that is
eligible for relief under tier II, III, IV, or V may request
relief with respect to the requirements of such subsection (b).
The Secretary shall provide relief from the requirements of
section 499B(b), for the applicable fiscal year or years, for
an Indian tribe that makes a qualifying request under this
paragraph, by--
``(A) with respect to applying section 499B(a)(1),
providing the appropriate relief described in
subsection (b)(1) of this section;
``(B) applying section 499B(a)(2)(B) by
substituting `100 percent' for `95 percent'; and
``(C) applying section 499B(b)(1)(B)(ii), by
substituting `0 percent' for `5 percent'.
``(f) Definitions.--In this section:
``(1) Elevated unemployment period.--The term `elevated
unemployment period'--
``(A) when used with respect to the Nation as a
whole, means a consecutive, 3-month period in a fiscal
year in which the national average unemployment rate is
not less than 0.5 percentage points above the lowest
national average unemployment rate for the 12-month
period preceding such 3-month period; and
``(B) when used with respect to a State, means a
consecutive, 3-month period in a fiscal year in which
the State average unemployment rate is not less than
0.5 percentage points above the lowest State average
unemployment rate for the 12-month period preceding
such 3-month period.
``(2) Qualifying spending requirements.--The term
`qualifying spending requirements' means the requirements that
a State not disproportionately decrease spending for any of the
categories described in subparagraphs (A) through (C) of
section 499E(d)(1) relative to such State's overall, average
decrease in spending for the 3 consecutive preceding fiscal
years.
``(3) National average unemployment rate.--The term
`national average unemployment rate' means the average
(seasonally adjusted) rate of total unemployment in all States
for a consecutive, 3-month period in a fiscal year, based on
data from the Bureau of Labor Statistics of the Department of
Labor.
``(4) State average unemployment rate.--The term `State
average unemployment rate' means the average (seasonally
adjusted) rate of total unemployment in a State for a
consecutive, 3-month period in a fiscal year, based on data
from the Bureau of Labor Statistics of the Department of Labor.
``SEC. 499G. APPROPRIATIONS.
``There are authorized to be appropriated, and there are
appropriated to carry out this subpart (in addition to any other
amounts appropriated to carry out this subpart and out of any money in
the Treasury not otherwise appropriated), such sums as may be necessary
for fiscal year 2022 and each succeeding fiscal year.
``SEC. 499H. DEFINITIONS.
``In this subpart:
``(1) Apprenticeship.--The term `apprenticeship' means an
apprenticeship program registered under the Act of August 16,
1937 (commonly known as the `National Apprenticeship Act'; 50
Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
``(2) Career pathway.--The term `career pathway' has the
meaning given the term in section 3 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102).
``(3) Community college.--The term `community college'
means a public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including 2-year Tribal Colleges or
Universities under section 316 and public 2-year institutions
of higher education operated by a State.
``(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 student.--The term `eligible student' means
a student who--
``(A) is enrolled in an eligible program (as
defined in section 481(b)) at a community college on
not less than a half-time basis;
``(B) either--
``(i) qualifies for in-State resident
community college tuition, as determined by the
State or Indian tribe; or
``(ii) would qualify for such in-State
resident community college tuition, but for the
immigration status of such student; and
``(C) has not been enrolled (whether full-time or
less than full-time) for more than 6 semesters (or the
equivalent) for which the student received a waiver of
community college tuition and fees under section
499D(a).
``(7) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
``(8) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(9) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' has the meaning given
the term in section 479.
``(10) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning as
described in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(11) State fiscal support for higher education.--
``(A) In general.--Except as provided in
subparagraph (B), the term `State fiscal support for
higher education', used with respect to a State for a
fiscal year, means an amount that is equal to the gross
amount of applicable State funds appropriated or
dedicated, and expended by the State, including funds
from lottery receipts, in the fiscal year, that are
used to support institutions of higher education and
student financial aid for higher education in the
State.
``(B) Exclusions.--State fiscal support for higher
education for a State for a fiscal year shall not
include--
``(i) funds described in subparagraph (A)
that are returned to the State;
``(ii) State-appropriated funds derived
from Federal sources, including funds provided
under section 499B(b) and section 499J(b);
``(iii) amounts that are portions of
multiyear appropriations to be distributed over
multiple years that are not to be spent for the
year for which the calculation under this
paragraph is being made, subject to
subparagraph (D);
``(iv) tuition, fees, or other educational
charges paid directly by a student to a public
institution of higher education or to the
State;
``(v) funds for--
``(I) financial aid programs
provided to out-of-State institutions
of higher education, including aid to
students enrolled in such institutions;
``(II) merit-based financial aid to
students awarded on the basis of
predicted or actual academic
performance;
``(III) financial aid for students
attending, or annual operating expenses
of, proprietary institutions of higher
education (as defined in section
102(b));
``(IV) financial aid for students
attending, or annual operating expenses
of, unaccredited institutions;
``(V) research and development;
``(VI) hospitals, athletics, or
other auxiliary enterprises; or
``(VII) corporate or other private
donations directed to 1 or more
institutions of higher education
permitted to be expended by the State;
or
``(vi) any other funds that the Secretary
determines shall not be included in the
calculation of State fiscal support for higher
education for such State.
``(C) Adjustments for biennial appropriations.--The
Secretary shall take into consideration any adjustments
to the calculations under this paragraph that may be
required to accurately reflect State fiscal support for
higher education in States with biennial appropriation
cycles.
``(D) Indian tribes.--In determining the State
fiscal support for higher education of an Indian tribe
for a fiscal year, the Indian tribe shall be treated as
a State except as otherwise determined appropriate by
the Secretary.
``(12) State fiscal support for higher education per fte
student.--The term `State fiscal support for higher education
per FTE student', used with respect to a State or Indian tribe
for a fiscal year, means, the quotient of--
``(A) the State fiscal support for higher education
for the previous fiscal year; divided by
``(B) the number of full-time equivalent students
enrolled in public institutions of higher education in
such State or tribe for such previous fiscal year.''.
TITLE II--STUDENT SUCCESS FUND
SEC. 201. STUDENT SUCCESS FUND.
Part J of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), as added by section 101, is further amended by adding at
the end the following:
``Subpart 2--Student Success Fund
``SEC. 499I. IN GENERAL.
``From amounts appropriated under section 499O for any fiscal year,
the Secretary shall carry out a grant program (to be known as the
`Student Success Fund') to make grants to eligible entities to carry
out the activities and services described in section 499L.
``SEC. 499J. FEDERAL SHARE AND MATCHING FUNDS.
``(a) Federal Share.--
``(1) Formula requirements.--The Federal share of a grant
under this subpart shall be based on a formula, developed by
the Secretary, that accounts for--
``(A) the State or Indian tribe's relative share of
eligible students, as determined in accordance with
section 499B(c);
``(B) the State or Indian tribe's relative share of
Federal Pell Grant recipients; and
``(C) the ratio between a State or Indian tribe's
funding per full-time equivalent (FTE) student at
public institutions of higher education and the average
net price at public 4-year institutions of higher
education, in such a way as to reward States and Indian
tribes that keep net prices for students low while
maintaining their fiscal support for higher education.
``(2) Formula published before application deadline.--The
Secretary shall--
``(A) develop the formula described in paragraph
(1);
``(B) calculate estimated allotments for each
eligible entity under such formula; and
``(C) publish such formula and estimated allotments
not later than the date of the notice soliciting
applications for participation in the program under
this subpart.
``(b) Matching Funds.--
``(1) In general.--Except as provided in paragraph (2), an
eligible entity participating in the program under this subpart
shall provide, from non-Federal sources, in cash or in kind--
``(A) in each of the first, second, third, and
fourth years of participation in the program, an amount
equal to 25 percent of the amount such entity received
under subsection (a) with respect to such year;
``(B) in each of the fifth and sixth years of
participation in the program, an amount equal to 50
percent of the amount such entity received under
subsection (a) with respect to such year;
``(C) in each of the seventh and eighth years of
participation in the program, an amount equal to 75
percent of the amount such entity received under
subsection (a) with respect to such year; and
``(D) in the ninth year and each subsequent year
thereafter of participation in the program, an amount
equal to 100 percent of the amount such entity received
under subsection (a) with respect to such year.
``(2) Exception for indian tribes.--The Secretary may
modify or waive the matching fund requirements under paragraph
(1) in the case of an eligible entity that is an Indian tribe.
``(3) Reallotment.--If an eligible entity returns to the
Secretary any portion of the grant amount provided to such
eligible entity under this subpart for any fiscal year, or
requests a grant amount that is less than the Federal share
determined for such entity in accordance with subsection (a),
the Secretary shall reallot such excess amount for the
succeeding fiscal year, in addition to the amounts appropriated
under 499O for such succeeding fiscal year.
``(c) Supplement, Not Supplant.--Grant funds awarded under this
subpart shall be used to supplement, and not supplant, other Federal,
State, tribal, and local funds that would otherwise be expended to
carry out activities assisted under this subpart.
``SEC. 499K. APPLICATIONS.
``(a) In General.--To be eligible to participate in the program
under this subpart, an eligible entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including--
``(1) a plan that includes--
``(A) the amount of funds requested by the eligible
entity under this subpart and the intended use of such
funds;
``(B) how the eligible entity will use the
requested funds to implement promising and evidence-
based institutional reforms and innovative practices to
improve student outcomes, including--
``(i) implementation of the reforms and
practices identified by such entity under
section 499C(b)(3); and
``(ii) annual implementation benchmarks
that the entity will use to track progress in
implementing such reforms and practices;
``(C) if the eligible entity is a State, how such
eligible entity will support the scaling of evidence-
based and innovative initiatives system-wide;
``(D) how the eligible entity will meet its
matching fund requirements under section 499J(b);
``(E) if the eligible entity is a State, how such
eligible entity will prioritize spending on the public
institutions of higher education specified in paragraph
(2)(B); and
``(F) the improvements the eligible entity
anticipates in student outcomes, including improvements
in transfer rates or completion rates, or both; and
``(2) if the eligible entity is a State, an analysis that
includes--
``(A) with respect to each public institution of
higher education of the eligible entity--
``(i) the total per-student funding;
``(ii) the amount of per-student funding
from State-appropriated funds;
``(iii) the student demographics (including
data on race, income, disability status, and
remediation); and
``(iv) transfer and completion rates,
including such rates among low-income students,
students of color, students with disabilities,
and students in need of remediation; and
``(B) whether, of the public institutions of higher
education of the eligible entity, the public
institutions of higher education that received less
funding on a per-student basis described in clause (i)
or (ii), or both, of subparagraph (A), are serving
disproportionately high shares of low-income students,
students of color, students with disabilities, or
students in need of remediation.
``(b) Approval.--
``(1) In general.--Not later than 180 days after receiving
a plan under subsection (a), the Secretary shall--
``(A) approve the plan; or
``(B) require revisions to such plan.
``(2) Revisions required.--An eligible entity shall make
such revisions as required by the Secretary under paragraph
(1)(B).
``(c) Publication.--The Secretary shall make each plan approved
under subsection (b)(1)(A) and each plan revised under subsection
(b)(2) available to the public on the website of the Department.
``SEC. 499L. PROGRAM REQUIREMENTS.
``(a) General Requirements.--
``(1) Report on demonstrated progress.--For the third year
in which an eligible entity participates in the program under
this subpart, and every 2 years thereafter, the eligible entity
shall submit a report to the Secretary, in such manner and
containing such information as the Secretary may require, that
includes--
``(A) the progress in meeting the annual
implementation benchmarks included in the application
of such eligible entity under section 499K(a)(1)(B);
``(B) the progress in improving the student
outcomes identified by the entity under section
499K(a)(1)(F); and
``(C) with respect to the 2 years after such report
is submitted--
``(i) a plan for the use of funds under
this subpart; and
``(ii) the amount of funds requested by the
eligible entity under this subpart.
``(2) Approval.--Not later than 180 days after receiving a
plan under paragraph (1)(C)(i), the Secretary shall--
``(A) approve the plan; or
``(B) require revisions to such plan.
``(3) Revisions required.--An eligible entity shall make
such revisions as required by the Secretary under paragraph
(2)(B).
``(b) Failure To Meet Requirements.--If an eligible entity does not
meet the annual implementation benchmarks included in the application
of such eligible entity under section 499K(a)(1)(B), as required to be
reported under subsection (a)(1)(A), such eligible entity shall submit
to the Secretary, at such time and in such manner as the Secretary may
require--
``(1) a written explanation for the delay in meeting such
requirements; and
``(2) a plan that will enable such eligible entity to meet
such requirements not later than 1 year after the date on which
the eligible entity submitted the written explanation under
paragraph (1).
``(c) Publication.--The Secretary shall make each plan approved
under subsection (a)(2)(A), each plan revised under subsection (a)(3),
and each plan submitted under subsection (b)(2) available to the public
on the website of the Department.
``SEC. 499M. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b), an
eligible entity shall use a grant under this subpart only to carry out
the plan approved or revised for such year under section 499K.
``(b) Use of Funds for Administrative Purposes.--An eligible entity
that receives a grant under this subpart may use not more than 5
percent of such grant for administrative purposes relating to the grant
under this subpart.
``(c) Prohibited Uses of Funds.--No funds received under this
section shall be used to--
``(1) pay contractors for the provision of pre-enrollment
recruitment activities through a revenue sharing agreement; or
``(2) fund endowments, athletics, sectarian instruction, or
religious worship.
``SEC. 499N. ELIGIBLE ENTITY DEFINED.
``In this subpart, the term `eligible entity' means a State or
Indian tribe that is a recipient of a grant under subpart 1.
``SEC. 499O. APPROPRIATIONS.
``(a) Authorization and Appropriations.--There are authorized to be
appropriated, and there are appropriated to carry out this subpart (in
addition to any other amounts appropriated to carry out this subpart
and out of any money in the Treasury not otherwise appropriated),
$1,000,000,000 for fiscal year 2022 and each succeeding fiscal year.
``(b) Availability.--Funds appropriated under subsection (a) shall
remain available to the Secretary until expended.''.
TITLE III--PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK COLLEGES
AND UNIVERSITIES, TRIBAL COLLEGES AND UNIVERSITIES, AND MINORITY-
SERVING INSTITUTIONS
SEC. 301. GRANTS TO HISTORICALLY BLACK COLLEGES AND UNIVERSITIES,
TRIBAL COLLEGES AND UNIVERSITIES, AND MINORITY-SERVING
INSTITUTIONS.
Part J of title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.), as added and amended by this Act, is further amended by
adding at the end the following:
``Subpart 3--Grants to Historically Black Colleges and Universities,
Tribal Colleges and Universities, and Minority-Serving Institutions
``SEC. 499P. PATHWAYS TO STUDENT SUCCESS FOR HISTORICALLY BLACK
COLLEGES AND UNIVERSITIES.
``From amounts appropriated under section 499U(a) for any fiscal
year, the Secretary shall award grants to participating historically
Black colleges or universities that meet the requirements of section
499S(a) to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at such colleges and universities;
``(2) provide incentives to community college students to
transfer to such colleges and universities through strong
transfer pathways to complete a bachelor's degree program; and
``(3) support such colleges and universities to better
serve new and existing students by engaging in reforms and
innovations designed to improve completion rates and other
student outcomes.
``SEC. 499Q. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL COLLEGES AND
UNIVERSITIES.
``From amounts appropriated under section 499U(a) for any fiscal
year, the Secretary shall award grants to participating Tribal Colleges
or Universities that meet the requirements of section 499S(a) to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at such Colleges and Universities;
``(2) provide incentives to community college students to
transfer to such Colleges and Universities through strong
transfer pathways to complete a bachelor's degree program; and
``(3) support such Colleges and Universities to better
serve new and existing students by engaging in reforms and
innovations designed to improve completion rates and other
student outcomes.
``SEC. 499R. PATHWAYS TO STUDENT SUCCESS FOR ALASKA NATIVE-SERVING
INSTITUTIONS, ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC
ISLANDER-SERVING INSTITUTIONS, HISPANIC-SERVING
INSTITUTIONS, NATIVE AMERICAN-SERVING NONTRIBAL
INSTITUTIONS, NATIVE HAWAIIAN-SERVING INSTITUTIONS, AND
PREDOMINANTLY BLACK INSTITUTIONS.
``From amounts appropriated under section 499U(a) for any fiscal
year, the Secretary shall award grants to participating Alaska Native-
serving institutions, Asian American and Native American Pacific
Islander-serving institutions, Hispanic-serving institutions, Native
American-serving nontribal institutions, Native Hawaiian-serving
institutions, and Predominantly Black institutions that meet the
requirements of section 499S(a) to--
``(1) encourage students to enroll and successfully
complete a bachelor's degree at such institutions;
``(2) provide incentives to community college students to
transfer to such institutions through strong transfer pathways
to complete a bachelor's degree program; and
``(3) support such institutions to better serve new and
existing students by engaging in reforms and innovations
designed to improve completion rates and other student
outcomes.
``SEC. 499S. GRANT TERMS.
``(a) Institutional Eligibility.--An institution shall meet the
requirements of this subsection if the institution--
``(1) in a public or nonprofit 4-year institution that has
a student body of which not less than 35 percent are low-income
students;
``(2) commits to maintaining or adopting and implementing
promising and evidence-based institutional reforms and
innovative practices to improve the completion rates and other
student outcomes, such as--
``(A) providing comprehensive academic, career, and
student support services (including mentoring,
advising, case management services, and career pathway
navigation), especially for low-income, first-
generation, and adult students, and other students
belonging to racial and other groups that are
historically underrepresented in higher education;
``(B) providing direct support services, or
assistance in applying for such services, such as--
``(i) childcare, transportation, and
emergency financial assistance;
``(ii) assistance in obtaining health
insurance coverage and accessing health care
services, including behavioral and mental
health services;
``(iii) affordable housing;
``(iv) nutrition assistance programs or
free or discounted food; and
``(v) means-tested Federal benefit
programs, or similar State, tribal, or local
benefit programs;
``(C) providing accelerated learning opportunities
and degree pathways, such as dual or concurrent
enrollment programs and pathways to graduate and
professional degree programs;
``(D) partnering with employers, industry,
nonprofit associations, and other groups to provide
opportunities to advance learning outside the
classroom, including--
``(i) work-based learning opportunities
(such as internships or apprenticeships); or
``(ii) programs designed to improve inter-
cultural development and personal growth (such
as foreign exchange and study abroad programs);
or
``(E) strengthening remedial education, especially
for low-income, first-generation, and adult students,
and other students belonging to racial and other groups
that are historically underrepresented in higher
education, including through the use of multiple
measures (such as a student's college entrance
examination score, grade point average, high school
course list, or a placement examination) to identify
students in need of remedial education;
``(3) sets performance goals for improving student outcomes
for the duration of the grant; and
``(4) if receiving a grant for transfer students, has a
formal, statewide articulation agreement with community
colleges in the State in which such institution operates that
guarantees--
``(A) that a student who earns postsecondary credit
at any community college in such State shall be able to
fully transfer such credit toward meeting related
degree or certificate requirements at such institution;
and
``(B) that associate degrees awarded by community
colleges in the State are fully transferable to, and
credited as, the first 2 years of related baccalaureate
programs at such institution.
``(b) Grant Amount.--
``(1) Initial amount.--For the first year that an eligible
institution participates in the grant program under this
subpart and subject to paragraph (3), such eligible institution
shall receive a grant in an amount based on the product of--
``(A) the actual cost of tuition and fees at the
eligible institution in such year (referred to in this
subpart as the per-student rebate); and
``(B) the number of eligible students enrolled in
the eligible institution for the preceding year.
``(2) Subsequent increases.--For each succeeding year after
the first year of the grant program under this subpart, each
participating eligible institution shall receive a grant in the
amount determined under paragraph (1) for such year, except
that in no case shall the amount of the per-student rebate for
an eligible institution increase by more than 3 percent as
compared to the amount of such rebate for the preceding year.
``(3) Limitations.--
``(A) Maximum per-student rebate.--No eligible
institution participating in the grant program under
this subpart shall receive a per-student rebate amount
for any year that is greater than the national average
of annual tuition and fees at public 4-year
institutions of higher education for such year, as
determined by the Secretary.
``(B) First-year tuition and fees.--During the
first year of participation in the grant program under
this subpart, no eligible institution may increase
tuition and fees at a rate greater than any annual
increase at the eligible institution in the previous 5
years.
``(4) Students enrolled less than full-time.--The Secretary
shall develop and implement a formula for making adjustments to
grant amounts under this subpart based on the number of
eligible students at each eligible institution enrolled less
than full-time and the associated tuition and fees charged to
such students in proportion to the degree to which each such
student is not attending on a full-time basis.
``(c) Application.--An eligible institution that desires a grant
under this subpart shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may require.
``(d) Use of Funds.--Funds awarded under this subpart to a
participating eligible institution shall be used to waive or
significantly reduce tuition and fees for eligible students by an
amount not to exceed the annual per-student rebate amount. Such funds
under this subpart may only be used to waive or reduce tuition and fees
for the first 60 credits for which an eligible student is enrolled in
the participating eligible institution.
``(e) Supplement, Not Supplant.--Funds made available under section
499U to carry out this subpart shall be used to supplement, and not
supplant, other Federal, State, tribal, and local funds that would
otherwise be expended to carry out activities under this subpart.
``SEC. 499T. DEFINITIONS.
``In this subpart:
``(1) Alaska native-serving institution.--The term `Alaska
Native-serving institution' has the meaning given such term in
section 317(b).
``(2) Asian american and native american pacific islander-
serving institution.--The term `Asian American and Native
American Pacific Islander-serving institution' has the meaning
given such term in section 371(c).
``(3) Eligible student.--The term `eligible student' means
a student, regardless of age, who--
``(A) is enrolled in an eligible program (as
defined in section 481(b)) at a participating eligible
institution, on at least a half-time basis;
``(B) is a low-income student;
``(C) has been enrolled at such participating
eligible institution under this subpart for not more
than 60 credits; and
``(D) has not been enrolled (whether full-time or
less than full-time) for more than 6 semesters (or the
equivalent) for which the student received a benefit
under this subpart.
``(4) Hispanic-serving institution.--The term `Hispanic-
serving institution' has the meaning given such term in section
502.
``(5) Historically black college or university.--The term
`historically Black college or university' means a part B
institution described in section 322(2).
``(6) Low-income student.--The term `low-income student'
shall include--
``(A) any student eligible for a Federal Pell Grant
under section 401; and
``(B) any student who meets the financial
eligibility criteria for receiving a Federal Pell Grant
under section 401, but who is ineligible to receive a
Federal Pell Grant.
``(7) Native american-serving nontribal institution.--The
term `Native American-serving nontribal institution' has the
meaning given such term in section 371(c).
``(8) Native hawaiian-serving institution.--The term
`Native Hawaiian-serving institution' has the meaning given
such term in section 317(b).
``(9) Predominantly black institution.--The term
`Predominantly Black institution' has the meaning given such
term in section 371(c).
``(10) Tribal college or university.--The term `Tribal
College or University' has the meaning given the term in
section 316(b)(3).
``SEC. 499U. APPROPRIATIONS.
``(a) Authorization and Appropriations for HBCU, TCU, and MSI
Grants.--For the purpose of carrying out this subpart there are
authorized to be appropriated, and there are appropriated--
``(1) $98,100,000 for fiscal year 2022;
``(2) $321,040,000 for fiscal year 2023;
``(3) $1,912,010,000 for fiscal year 2024;
``(4) $1,988,710,000 for fiscal year 2025;
``(5) $2,068,960,000 for fiscal year 2026;
``(6) $2,151,010,000 for fiscal year 2027;
``(7) $2,184,900,000 for fiscal year 2028;
``(8) $2,329,370,000 for fiscal year 2029;
``(9) $2,423,910,000 for fiscal year 2030; and
``(10) $2,521,990,000 for fiscal year 2031 and each
succeeding fiscal year.
``(b) Availability.--Funds appropriated under subsection (a) for a
fiscal year are to remain available to the Secretary through the two
fiscal years following such fiscal year.
``(c) Insufficient Funds.--If the amount appropriated under
subsection (a) for a fiscal year is not sufficient to award each
institution participating in the grant programs under sections 499P,
499Q, and 499R a grant under this subpart equal to 100 percent of the
grant amount determined under section 499S(b), the Secretary may
ratably reduce the amount of each such grant or take other actions
necessary to ensure an equitable distribution of such amount
appropriated under subsection (a).''.
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