II 

118TH CONGRESS 

1ST SESSION S. 3086 

To amend the Higher Education Act of 1965 to establish grants for tuitionfree community colleges, student success grants, 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 

OCTOBER 19, 2023 

Ms. BALDWIN (for herself, Ms. HIRONO, Mr. PADILLA, Ms. KLOBUCHAR, Mr. 

DURBIN, Mr. VAN HOLLEN, Mr. CARDIN, Mrs. MURRAY, Ms. 

DUCKWORTH, and Mr. LUJA ́N) 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 

grants for tuition-free community colleges, student success grants, and grants for Historically Black Colleges 

and Universities, Tribal Colleges and Universities, and 

Minority-Serving Institutions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘America’s College 

5 Promise Act of 2023’’. 


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1 TITLE I—GRANTS FOR TUITION2 FREE COMMUNITY COLLEGES 

3 SEC. 101. PROGRAM AUTHORIZED. 

4 Title IV of the Higher Education Act of 1965 (20 

5 U.S.C. 1070 et seq.) is amended by adding at the end 

6 the following: 

7 ‘‘PART J—AMERICA’S COLLEGE PROMISE 

8 FEDERAL-STATE PARTNERSHIP 

9 ‘‘Subpart 1—Grants for Tuition-free Community 

10 College 

11 ‘‘SEC. 499A. IN GENERAL. 

12 ‘‘From amounts appropriated under section 499G for 

13 any fiscal year, the Secretary shall award grants to eligible 

14 States and eligible Tribal Colleges and Universities to pay 

15 the Federal share of expenditures needed to carry out the 

16 activities and services described in section 499E. 

17 ‘‘SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE. 

18 ‘‘(a) FEDERAL SHARE.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) AMOUNT.—Subject to paragraph (2), 

21 the amount of the Federal share of a grant 

22 under this subpart shall be based on a formula, 

23 determined by the Secretary, that provides, for 

24 each eligible student enrolled in a community 

25 college operated or controlled by the State or in 


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1 an eligible Tribal College or University, a per2 student amount that is equal to the applicable 

3 percent described in subparagraph (B) of— 

4 ‘‘(i) for the 2024–2025 award year, 

5 the average unweighted resident commu6 nity college tuition and fees per student in 

7 all States for the most recent year for 

8 which data are available; and 

9 ‘‘(ii) for each subsequent award year, 

10 the amount determined under this para11 graph for the preceding award year, in12 creased by the lesser of— 

13 ‘‘(I) a percentage equal to the es14 timated percentage increase in the 

15 Consumer Price Index (as determined 

16 by the Secretary) since the date of 

17 such determination; or 

18 ‘‘(II) 3 percent. 

19 ‘‘(B) APPLICABLE PERCENT.—The appli20 cable percent for a State receiving a grant 

21 under this subpart shall be— 

22 ‘‘(i) for the 2024–2025 award year, 

23 100 percent; 

24 ‘‘(ii) for the 2025–2026 award year, 

25 95 percent; 


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1 ‘‘(iii) for the 2026–2027 award year, 

2 90 percent; 

3 ‘‘(iv) for the 2027–2028 award year, 

4 85 percent; and 

5 ‘‘(v) for the 2028–2029 award year 

6 and each subsequent award year, 80 per7 cent. 

8 ‘‘(2) TRIBAL COLLEGES AND UNIVERSITIES.— 

9 The amount of the Federal share for an eligible 

10 Tribal College or University receiving a grant under 

11 this subpart shall be the greater of— 

12 ‘‘(A) 100 percent of the per-student 

13 amount determined in accordance with clause 

14 (i) or (ii) of paragraph (1)(A), as applicable, 

15 with respect to eligible students enrolled in such 

16 eligible Tribal College or University (based on 

17 full-time equivalent enrollment); or 

18 ‘‘(B) the amount that is 100 percent of the 

19 total amount needed to set tuition and fees to 

20 $0 for all eligible students enrolled in such eligi21 ble Tribal College or University for the 2023– 

22 2024 award year, increased by the percentage 

23 increase in the Consumer Price Index (as deter24 mined by the Secretary) between July 1, 2023, 

25 and the applicable award year, and adjusted to 


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1 reflect the enrollment in such eligible Tribal 

2 College or University for such applicable award 

3 year. 

4 ‘‘(b) STATE SHARE.— 

5 ‘‘(1) FORMULA.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the State share of a grant under 

8 this subpart for each fiscal year shall be the 

9 amount needed to pay the applicable percent 

10 described in subparagraph (B) of the average 

11 unweighted resident community college tuition 

12 and fees per student in the 2024–2025 award 

13 year for all eligible students in the State for 

14 such award year. 

15 ‘‘(B) APPLICABLE PERCENT.—The appli16 cable percentage shall be— 

17 ‘‘(i) for the 2024–2025 award year, 0 

18 percent; 

19 ‘‘(ii) for the 2025–2026 award year, 5 

20 percent; 

21 ‘‘(iii) for the 2026–2027 award year, 

22 10 percent; 

23 ‘‘(iv) for the 2027–2028 award year, 

24 15 percent; and 


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1 ‘‘(v) for the 2028–2029 award year 

2 and each subsequent award year, 20 per3 cent. 

4 ‘‘(C) OBLIGATION TO PROVIDE SHARE.— 

5 The State shall provide the State share even if 

6 the State is able to set tuition and fees charged 

7 to eligible students attending community col8 leges operated or controlled by the State to $0 

9 as required by section 499D without such State 

10 share. 

11 ‘‘(D) NO DOUBLE COUNTING FUNDS.—No 

12 funds that count toward the maintenance of ef13 fort requirement under section 499D(c) may 

14 also count toward the State share under this 

15 subsection. 

16 ‘‘(E) SPECIAL RULE FOR OUTLYING AREAS

17 AND TERRITORIES.— 

18 ‘‘(i) IN GENERAL.—If the Secretary 

19 determines that requiring an outlying area 

20 or territory to provide a State share in ac21 cordance with this subsection would rep22 resent a substantial hardship for the out23 lying area or territory, the Secretary shall 

24 reduce or waive the State share for such 

25 area or territory. If the Secretary so reVerDate Sep 11 2014 20:34 Oct 20, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3086.IS S3086

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1 duces or waives the amount of the State 

2 share of an outlying area or territory, the 

3 Secretary shall increase the applicable per4 cent used to calculate the Federal share 

5 for such area or territory, in proportion to 

6 the reduction in the applicable percent 

7 used to calculate such State share. 

8 ‘‘(ii) DEFINITION.—For the purposes 

9 of this subparagraph, the term ‘outlying 

10 area or territory’ means the Common11 wealth of Puerto Rico, the District of Co12 lumbia, Guam, American Samoa, the 

13 United States Virgin Islands, the Com14 monwealth of the Northern Mariana Is15 lands, and the Freely Associated States. 

16 ‘‘(2) INCLUSION OF STATE FINANCIAL AID AND

17 LOCAL FUNDS.—In the case of a State that dem18 onstrates to the satisfaction of the Secretary that 

19 community colleges operated or controlled by such 

20 State will not experience a net reduction in total 

21 per-student revenue (including revenue derived from 

22 tuition and fees) as compared to the preceding State 

23 fiscal year in such State, a State may include, as 

24 part of the State share— 


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1 ‘‘(A) any financial aid that is provided 

2 from State funds to eligible students for such 

3 students’ cost of attendance that is not awarded 

4 predominantly on the basis of merit; and 

5 ‘‘(B) any funds provided to community col6 leges by local governments in such State for the 

7 purpose of carrying out this subpart, including 

8 for the purpose of setting community college 

9 tuition and fees for eligible students to $0 as 

10 required under section 499D. 

11 ‘‘(3) RELATIONSHIP TO MAINTENANCE OF EF12 FORT.—The inclusion of funds described in para13 graph (2) as part of a State’s share shall modify the 

14 maintenance of effort requirements under section 

15 499D(c) in accordance with the provisions of— 

16 ‘‘(A) section 499H(12)(B)(iii) with respect 

17 to funds included under paragraph (2)(A); and 

18 ‘‘(B) section 499H(12)(B)(ii), with respect 

19 to funds included under paragraph (2)(B). 

20 ‘‘(4) NO IN-KIND CONTRIBUTIONS.—A State 

21 shall not include in-kind contributions for purposes 

22 of the State share described in paragraph (1). 

23 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU24 DENTS.— 


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1 ‘‘(1) IN GENERAL.—For purposes of subsection 

2 (a) and subsection (b), the Secretary shall develop 

3 and implement a formula for accurately estimating 

4 the number of eligible students and for making ad5 justments based on the number of eligible students 

6 enrolled in the community colleges operated or con7 trolled by a State or in an eligible Tribal College or 

8 University on less than a full-time basis and the as9 sociated tuition and fees charged to such students in 

10 proportion to the degree to which each such student 

11 is not attending on a full-time basis. 

12 ‘‘(2) INITIAL DETERMINATION.—For the first 

13 year for which grants are awarded under this sub14 part, the number of eligible students in a State or 

15 eligible Tribal College or University shall be consid16 ered to be equal to the number of eligible students 

17 who were in the State or eligible Tribal College or 

18 University for the preceding school year. 

19 ‘‘(d) ADJUSTMENT OF GRANT AMOUNT.—Not later 

20 than 180 days after the date on which a State or eligible 

21 Tribal College or University receives a grant under this 

22 subpart, the Secretary shall— 

23 ‘‘(1) in consultation with the State or eligible 

24 Tribal College or University concerned, determine 

25 whether the actual number of eligible students in the 


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1 State or eligible Tribal College or University for the 

2 year covered by the grant is greater than the esti3 mated number of such students that was used to de4 termine the amount of the grant; and 

5 ‘‘(2) in the case of a determination under para6 graph (1) that the actual number of eligible students 

7 in the State or eligible Tribal College or University 

8 is higher than such estimate, issue a supplementary 

9 grant payment to the State or eligible Tribal College 

10 or University in an amount that ensures that the 

11 total amount of the grant funds received by the 

12 State or eligible Tribal College or University under 

13 this subpart for the year covered by the grant accu14 rately reflects the higher number of eligible students. 

15 ‘‘(e) COMMUNITY COLLEGES OPERATED OR CON16 TROLLED BY STATE TO INCLUDE COMMUNITY COLLEGES

17 OPERATED OR CONTROLLED BY LOCAL GOVERNMENTS

18 WITHIN THE STATE.—For purposes of this subpart, the 

19 term ‘community college operated or controlled by a State’ 

20 shall include a community college operated or controlled 

21 by a local government within such State. 

22 ‘‘(f) INAPPLICABILITY OF STATE REQUIREMENTS TO

23 ELIGIBLE TCUS.—The Secretary may not apply any re24 quirements applicable only to States under this subpart 

25 to an eligible Tribal College or University, including the 


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1 requirements under subsection (b) and subsection (b) and 

2 (c) of section 499D. 

3 ‘‘SEC. 499C. APPLICATIONS. 

4 ‘‘(a) SUBMISSION.—In order to receive a grant under 

5 this subpart, a State or an eligible Tribal College or Uni6 versity shall submit an application to the Secretary at such 

7 time, in such manner, and containing such information as 

8 the Secretary may require. 

9 ‘‘(b) CONTENTS.—Each application under subsection 

10 (a) shall include— 

11 ‘‘(1) an estimate of the number of eligible stu12 dents enrolled in the community colleges operated or 

13 controlled by the State or in the eligible Tribal Col14 lege or University and the cost of waiving commu15 nity college tuition and fees for all eligible students 

16 for each award year covered by the grant; 

17 ‘‘(2) in the case of a State, a list of each of the 

18 community colleges operated or controlled by the 

19 State; 

20 ‘‘(3) an assurance that each community college 

21 operated or controlled by the State, or the eligible 

22 Tribal College or University, as applicable, will set 

23 community college tuition and fees for eligible stu24 dents to $0 as required by section 499D(a); 


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1 ‘‘(4) a description of the promising and evi2 dence-based institutional reforms and innovative 

3 practices to improve student outcomes, including 

4 transfer and completion rates, that have been or will 

5 be adopted by each such community college, such 

6 as— 

7 ‘‘(A) providing comprehensive academic, 

8 career, and student support services (including 

9 mentoring, advising, case management services, 

10 and career pathway navigation), especially for 

11 low-income, first-generation, and adult stu12 dents, and other students belonging to racial 

13 and other groups that are historically underrep14 resented in higher education; 

15 ‘‘(B) providing direct support services, or 

16 assistance in applying for such services, such 

17 as— 

18 ‘‘(i) childcare, transportation, and 

19 emergency financial assistance; 

20 ‘‘(ii) assistance in obtaining health in21 surance coverage and accessing health care 

22 services, including behavioral and mental 

23 health services; 

24 ‘‘(iii) affordable housing; 


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1 ‘‘(iv) nutrition assistance programs or 

2 free or discounted food; and 

3 ‘‘(v) means-tested Federal benefit pro4 grams, or similar State, tribal, or local 

5 benefit programs; 

6 ‘‘(C) providing accelerated learning oppor7 tunities, such as dual or concurrent enrollment 

8 programs, including early college high school 

9 programs, and reforming course scheduling and 

10 credit awarding policies to better meet the 

11 needs of students and shorten time to comple12 tion; 

13 ‘‘(D) strengthening and reforming remedial 

14 and developmental education, especially for low15 income, first-generation, and adult students, 

16 and other students belonging to racial and 

17 other groups that are historically underrep18 resented in higher education, including through 

19 the use of multiple measures (such as a stu20 dent’s college entrance examination score, grade 

21 point average, high school course list, or a 

22 placement examination) to identify students in 

23 need of remedial education; 

24 ‘‘(E) utilizing career pathways, including 

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1 nical education, as defined in section 3(5) of 

2 the Carl D. Perkins Career and Technical Edu3 cation Act of 2006 (20 U.S.C. 2302(5)), and 

4 programs of study, as defined in section 3(41) 

5 of such Act (20 U.S.C. 2302(41)), or degree 

6 pathways; or 

7 ‘‘(F) providing expanded opportunities for 

8 participating in work-based learning, which may 

9 include apprenticeship programs, in students’ 

10 programs of study; 

11 ‘‘(5) a description of how the State or eligible 

12 Tribal College or University will ensure that pro13 grams leading to a recognized postsecondary creden14 tial meet the quality criteria established by the State 

15 under section 122(b)(1) of the Workforce Innovation 

16 and Opportunity Act (29 U.S.C. 3152(b)(1)) or 

17 other quality criteria determined appropriate by the 

18 State or eligible Tribal College or University; 

19 ‘‘(6) an assurance that each community college 

20 operated or controlled by the State or the eligible 

21 Tribal College or University, as applicable, has en22 tered into a program participation agreement under 

23 section 487; 

24 ‘‘(7) an assurance that the State or eligible 

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1 dents in obtaining information about and accessing 

2 means-tested Federal benefit programs and similar, 

3 State, tribal, and local benefit programs that can 

4 provide financial assistance for any component of 

5 the student’s cost of attendance, as defined under 

6 section 472, other than tuition and fees; 

7 ‘‘(8) an assurance that, for each year of the 

8 grant, the State or eligible Tribal College or Univer9 sity will notify each eligible student of the student’s 

10 remaining eligibility for assistance under this sub11 part; 

12 ‘‘(9) if the application is submitted by a 

13 State— 

14 ‘‘(A) a description of how the State will 

15 support the scaling and increased adoption of 

16 the reforms and practices described in para17 graph (4); 

18 ‘‘(B) an assurance that the State will, to 

19 the extent practicable, consider changes to 

20 State law that will enable more community col21 lege students to be eligible for means-tested 

22 Federal benefit programs and similar State 

23 benefit programs; 

24 ‘‘(C) an assurance that the State will meet 

25 the requirements of section 499D(b)(1) relating 


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1 to the alignment of secondary and postsec2 ondary education; and 

3 ‘‘(D) an assurance that the State will meet 

4 the requirements of section 499D(b)(2) relating 

5 to the improvement of transfer pathways be6 tween institutions of higher education; and 

7 ‘‘(10) an assurance that the State or eligible 

8 Tribal College or University will clearly communicate 

9 to prospective students, including students with 

10 prior college experience who have not completed a 

11 postsecondary degree or credential, their families, 

12 and the general public— 

13 ‘‘(A) plans to implement the program 

14 funded under this subpart; and 

15 ‘‘(B) how eligible students can attend a 

16 community college operated or controlled by the 

17 State or eligible Tribal College or University 

18 without paying tuition and fees. 

19 ‘‘SEC. 499D. PROGRAM REQUIREMENTS. 

20 ‘‘(a) GENERAL REQUIREMENTS.—As a condition of 

21 receiving a grant under this subpart, a State or eligible 

22 Tribal College or University shall meet the following re23 quirements: 

24 ‘‘(1) Ensure that the total amount of tuition 

25 and fees charged to an eligible student in the State 


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1 or the eligible Tribal College or University shall be 

2 $0. 

3 ‘‘(2) For each year of the grant no amount of 

4 financial assistance for which an eligible student 

5 qualifies may be applied to such tuition or fees. 

6 ‘‘(3) The State or eligible Tribal College or 

7 University may not use any funds provided under 

8 this subpart for administrative purposes relating to 

9 such grant. 

10 ‘‘(b) STATE REQUIREMENTS.—In addition to the re11 quirements under subsection (a), as a condition of receiv12 ing a grant under this subpart, a State shall meet the fol13 lowing requirements: 

14 ‘‘(1) ALIGNMENT OF K-12 AND HIGHER EDU15 CATION.— 

16 ‘‘(A) IN GENERAL.—The State shall— 

17 ‘‘(i) submit a plan to align the re18 quirements for receiving a regular high 

19 school diploma from public schools in the 

20 State with the requirements for entering 

21 credit-bearing coursework at community 

22 colleges in such State; and 

23 ‘‘(ii) not later than 3 years after the 

24 date on which the State first receives a 

25 grant under this subpart, certify to the 


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1 Secretary that such alignment has been 

2 achieved. 

3 ‘‘(B) FAILURE TO CERTIFY.—If a State 

4 does not provide the certification required 

5 under subparagraph (A) by the date specified in 

6 such subparagraph, the State shall submit to 

7 the Secretary, at such time and in such manner 

8 as the Secretary may require— 

9 ‘‘(i) a written explanation for the 

10 delay in making the certification; and 

11 ‘‘(ii) a plan that will enable the State 

12 to make the certification by not later than 

13 5 years after the date on which the State 

14 first received a grant under this subpart. 

15 ‘‘(2) TRANSFER PATHWAYS.— 

16 ‘‘(A) IN GENERAL.—The State shall— 

17 ‘‘(i) submit a plan, developed in col18 laboration with faculty from institutions of 

19 higher education in the State, to improve 

20 transfer pathways between institutions of 

21 higher education in the State, including 

22 by— 

23 ‘‘(I) ensuring that associate de24 grees awarded by community colleges 

25 in the State are fully transferable to, 


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1 and credited as, the first 2 years of 

2 related baccalaureate programs at 

3 public institutions of higher education 

4 in such State; 

5 ‘‘(II) increasing the transfer6 ability of individual courses within the 

7 certificate or associate programs of8 fered by community colleges in the 

9 State to related baccalaureate pro10 grams offered by institutions of higher 

11 education in such State to maximize 

12 the transferability of credits for stu13 dents who transfer before completing 

14 an associate degree; 

15 ‘‘(III) expanding the use of re16 verse transfer policies that allow insti17 tutions to— 

18 ‘‘(aa) implement the process 

19 of retroactively granting a certifi20 cate or associate degree to stu21 dents who had not completed the 

22 requirements for such certificate 

23 or degree before they transferred; 

24 and 


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1 ‘‘(bb) allow academic credits 

2 for coursework completed at a 4- 

3 year institution to be applied to a 

4 previously attended community 

5 college for the purpose of obtain6 ing an associate degree or a cer7 tificate; and 

8 ‘‘(IV) ensuring that students at9 tending community colleges in the 

10 State have access to comprehensive 

11 counseling regarding the process for 

12 transferring to a 4-year institution of 

13 higher education; and 

14 ‘‘(ii) not later than 3 years after the 

15 date on which the State first receives a 

16 grant under this subpart, certify to the 

17 Secretary that the State is carrying out 

18 the plan submitted in accordance with 

19 clause (i) and is meeting the requirements 

20 of subclauses (I) through (IV) of such 

21 clause. 

22 ‘‘(B) FAILURE TO CERTIFY.—If a State 

23 does not provide the certification required 

24 under subparagraph (A) by the date specified in 

25 such subparagraph, the State shall submit to 


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1 the Secretary, at such time and in such manner 

2 as the Secretary may require— 

3 ‘‘(i) a written explanation for the 

4 delay in making the certification; and 

5 ‘‘(ii) a plan that will enable the State 

6 to make the certification by not later than 

7 5 years after the date on which the State 

8 first received a grant under this subpart. 

9 ‘‘(3) APPLICABILITY.—The Secretary may not 

10 apply the requirements under this subsection to an 

11 eligible Tribal College or University. 

12 ‘‘(c) STATE MAINTENANCE OF EFFORT.—A State re13 ceiving a grant under this subpart shall be entitled to re14 ceive its full allotment of funds under this subpart for a 

15 fiscal year only if, for each year of the grant, the State 

16 provides— 

17 ‘‘(1) State fiscal support for higher education 

18 per full-time equivalent student at a level equal to or 

19 exceeding the average amount of State fiscal support 

20 for higher education per full-time equivalent student 

21 provided for the 3 consecutive preceding fiscal years; 

22 ‘‘(2) financial support for operating expenses 

23 (excluding capital expenses and research and devel24 opment costs) for public 4-year institutions of higher 

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1 age amount provided for the 3 consecutive preceding 

2 State fiscal years; and 

3 ‘‘(3) financial support for need-based financial 

4 aid at a level equal to or exceeding the average 

5 amount provided for the 3 consecutive preceding 

6 State fiscal years. 

7 ‘‘(d) NO ADDITIONAL ELIGIBILITY REQUIRE8 MENTS.—A State or eligible Tribal College or University 

9 that receives a grant under this subpart may not impose 

10 additional eligibility requirements on eligible students 

11 other than the requirements under this subpart. 

12 ‘‘(e) ELIGIBILITY FOR BENEFITS.—No individual 

13 shall be determined to be ineligible to receive benefits pro14 vided under this subpart (including tuition and fees set 

15 to $0 and other aid provided under this subpart) on the 

16 basis of citizenship, alienage, or immigration status. 

17 ‘‘SEC. 499E. ALLOWABLE USES OF FUNDS. 

18 ‘‘(a) IN GENERAL.—Except as provided in subsection 

19 (b), a State or eligible Tribal College or University shall 

20 use a grant under this subpart only to ensure that the 

21 total amount of tuition and fees charged to an eligible stu22 dent in the State or the eligible Tribal College or Univer23 sity shall be $0. 

24 ‘‘(b) ADDITIONAL USES.—If a State or an eligible 

25 Tribal College or University demonstrates to the Secretary 


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1 that the State or eligible Tribal College or University has 

2 grant funds remaining after meeting the demand for ac3 tivities described in subsection (a), the State or eligible 

4 Tribal College or University may use those funds to carry 

5 out 1 or more of the following: 

6 ‘‘(1) Providing need-based financial aid to stu7 dents that may be used by such students to pay any 

8 component of cost of attendance, as defined under 

9 section 472. 

10 ‘‘(2) Improving student outcomes by imple11 menting evidence-based institutional reforms or 

12 practices. 

13 ‘‘(3) Enhancing the quality and equity of public 

14 higher education to improve student outcomes, in15 cluding transfer and completion rates and labor 

16 market outcomes. 

17 ‘‘(4) Investing in and diversifying the academic 

18 workforce. 

19 ‘‘(5) Expanding the scope and capacity of high20 quality academic and occupational skills training 

21 programs at community colleges, which may include 

22 collaboration with one or more industry or sector 

23 partnerships (as defined in section 3 of the Work24 force Innovation and Opportunity Act (29 U.S.C. 

25 3201)). 


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1 ‘‘(6) Improving postsecondary education readi2 ness in the State, including through outreach and 

3 early intervention. 

4 ‘‘(7) Expanding access to dual or concurrent 

5 enrollment programs, such as early college high 

6 school programs. 

7 ‘‘(8) Reducing unmet need at public 4-year in8 stitutions of higher education. 

9 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR10 POSES.—A State or Tribal College or University that re11 ceives a grant under this subpart may not use any funds 

12 provided under this subpart for administrative purposes 

13 relating to such grant. 

14 ‘‘(d) SUPPLEMENT, NOT SUPPLANT.—Funds made 

15 available under this subpart shall be used to supplement, 

16 and not supplant, other Federal, State, tribal, and local 

17 funds that would otherwise be expended to carry out ac18 tivities described in this section. 

19 ‘‘(e) REPORT REQUIREMENTS.— 

20 ‘‘(1) REPORTING BY STATES .—A State receiv21 ing a grant under this subpart shall submit to the 

22 Secretary an annual report that shall include— 

23 ‘‘(A) the uses of grant funds under this 

24 subpart; 


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1 ‘‘(B) the progress made in fulfilling the re2 quirements of the grant; 

3 ‘‘(C) the rates of transfer, graduation, and 

4 attainment of recognized postsecondary creden5 tials at participating community colleges, 

6 disaggregated by race, income, and age; and 

7 ‘‘(D) any other information that the Sec8 retary may require. 

9 ‘‘(2) REPORTING BY SECRETARY.—The Sec10 retary shall, on an annual basis— 

11 ‘‘(A) compile and analyze the information 

12 described in paragraph (1); and 

13 ‘‘(B) prepare and submit to the author14 izing committees a report containing— 

15 ‘‘(i) the analysis described in subpara16 graph (A); and 

17 ‘‘(ii) an identification of State and 

18 best practices for achieving the purpose of 

19 this subpart. 

20 ‘‘(f) TECHNICAL ASSISTANCE.—The Secretary shall 

21 provide technical assistance to States and eligible Tribal 

22 Colleges and Universities concerning best practices re23 garding the promising and evidence-based institutional re24 forms and innovative practices to improve student outVerDate Sep 11 2014 20:34 Oct 20, 2023 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3086.IS S3086

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1 comes and shall disseminate such best practices among 

2 such entities. 

3 ‘‘(g) CONTINUATION OF FUNDING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), a State or an eligible Tribal College or 

6 University receiving a grant under this subpart for 

7 a fiscal year may continue to receive funding under 

8 this subpart for future fiscal years conditioned on 

9 the availability of budget authority and on meeting 

10 the requirements of the grant, as determined by the 

11 Secretary. 

12 ‘‘(2) DISCONTINUATION.—The Secretary may 

13 discontinue funding of the Federal share of a grant 

14 under this subpart if the State or eligible Tribal Col15 lege or University has violated the terms of the 

16 grant or is not making adequate progress in imple17 menting the reforms described in the application 

18 submitted under section 499C. 

19 ‘‘(h) RULE OF CONSTRUCTION REGARDING BIE 

20 FUNDS.—Nothing in this subpart shall be construed to 

21 impact the availability of funds from, or uses of funds pro22 vided by, the Bureau of Indian Education for Tribal Col23 leges and Universities. 


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1 ‘‘SEC. 499F. AUTOMATIC STABILIZERS FOR AMERICA’S COL2 LEGE PROMISE. 

3 ‘‘(a) MAINTENANCE OF EFFORT RELIEF.—Notwith4 standing subsection (c) of section 499D, a State that 

5 meets the qualifying spending requirements may request 

6 a waiver of the requirements under such subsection (c). 

7 The Secretary shall waive the requirements of such sub8 section (c) for a State that makes a qualifying request 

9 under this subsection as follows: 

10 ‘‘(1) TIER I.—With respect to each State eligi11 ble for relief under tier I, such requirements shall be 

12 waived for the fiscal year succeeding the fiscal year 

13 in which the determination of the State’s eligibility 

14 for such relief is made. 

15 ‘‘(2) TIERS II THROUGH V.—With respect to 

16 each State eligible for relief under tier II, III, IV, 

17 or V, such requirements shall be waived, in accord18 ance with subsection (d), for— 

19 ‘‘(A) the fiscal year in which the deter20 mination of the State’s eligibility for such relief 

21 is made; 

22 ‘‘(B) the fiscal year succeeding the fiscal 

23 year described in subparagraph (A); or 

24 ‘‘(C) both such fiscal years. 

25 ‘‘(b) STATE SHARE RELIEF.— 


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1 ‘‘(1) STATE MATCH RELIEF.—Notwithstanding 

2 subsection (b) of section 499B, a State that is eligi3 ble for relief under tier II, III, IV, or V may request 

4 relief with respect to the requirements of such sub5 section (b). The Secretary shall provide relief from 

6 the requirements of such subsection (b), for the ap7 plicable fiscal year or years, for a State that makes 

8 a qualifying request under this paragraph as follows: 

9 ‘‘(A) TIER II.—With respect to a State 

10 that is eligible for relief under tier II, the Sec11 retary shall— 

12 ‘‘(i) apply section 499B(a)(1)(B)(v) 

13 by substituting ‘85 percent’ for ‘80 per14 cent’; and 

15 ‘‘(ii) apply section 499B(b)(1)(B)(v) 

16 by substituting ‘15 percent’ for ‘20 per17 cent’. 

18 ‘‘(B) TIER III.—With respect to a State 

19 that is eligible for relief under tier III, the Sec20 retary shall— 

21 ‘‘(i) apply section 499B(a)(1)(B)(v) 

22 by substituting ‘90 percent’ for ‘80 per23 cent’; 


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1 ‘‘(ii) apply section 499B(b)(1)(B)(v) 

2 by substituting ‘10 percent’ for ‘20 per3 cent’; 

4 ‘‘(iii) apply section 499B(a)(1)(B)(iv) 

5 by substituting ‘90 percent’ for ‘85 per6 cent’; and 

7 ‘‘(iv) apply section 499B(b)(1)(B)(iv) 

8 by substituting ‘10 percent’ for ‘15 per9 cent’ 

10 ‘‘(C) TIER IV.—With respect to a State 

11 that is eligible for relief under tier IV, the Sec12 retary shall— 

13 ‘‘(i) apply section 499B(a)(1)(B)(v) 

14 by substituting 95 percent’ for ‘80 per15 cent’; 

16 ‘‘(ii) apply section 499B(b)(1)(B)(v) 

17 by substituting ‘5 percent’ for ‘20 percent’; 

18 ‘‘(iii) apply section 499B(a)(1)(B)(iv) 

19 by substituting ‘95 percent’ for ‘85 per20 cent’; 

21 ‘‘(iv) apply section 499B(b)(1)(B)(iv) 

22 by substituting ‘5 percent’ for ‘15 percent’; 

23 ‘‘(v) apply section 499B(a)(1)(B)(iii) 

24 by substituting ‘95 percent’ for ‘90 per25 cent’; and 


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1 ‘‘(vi) apply section 499B(b)(1)(B)(iii) 

2 by substituting ‘5 percent’ for ‘10 percent’. 

3 ‘‘(D) TIER V.—With respect to a State 

4 that is eligible for relief under tier V, the Sec5 retary shall— 

6 ‘‘(i) apply section 499B(a)(1)(B)(v) 

7 by substituting 100 percent’ for ‘80 per8 cent’; 

9 ‘‘(ii) apply section 499B(b)(1)(B)(v) 

10 by substituting ‘0 percent’ for ‘20 percent’; 

11 ‘‘(iii) apply section 499B(a)(1)(B)(iv) 

12 by substituting ‘100 percent’ for ’85 per13 cent’; 

14 ‘‘(iv) apply section 499B(b)(1)(B)(iv) 

15 by substituting ‘0 percent’ for ‘15 percent’; 

16 ‘‘(v) apply section 499B(a)(1)(B)(iii) 

17 by substituting ‘100 percent’ for ‘90 per18 cent’; 

19 ‘‘(vi) apply section 499B(b)(1)(B)(iii) 

20 by substituting ‘0 percent’ for ‘10 percent’; 

21 ‘‘(vii) apply section 499B(a)(1)(B)(ii) 

22 by substituting ‘100 percent’ for ‘95 per23 cent’; and 

24 ‘‘(viii) apply section 499B(b)(1)(B)(ii) 

25 by substituting ‘0 percent’ for ‘5 percent’. 


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1 ‘‘(2) APPLICABLE FISCAL YEARS.—With respect 

2 to each State eligible for relief under tier II, III, IV, 

3 or V, the Secretary shall provide the relief under 

4 paragraph (1), in accordance with subsection (d), 

5 for— 

6 ‘‘(A) the fiscal year in which the deter7 mination of the State’s eligibility for such relief 

8 is made; 

9 ‘‘(B) the fiscal year succeeding the fiscal 

10 year described in subparagraph (A); or 

11 ‘‘(C) both such fiscal years. 

12 ‘‘(c) STATE ELIGIBILITY.—A State’s eligibility for re13 lief under this section shall be determined as follows: 

14 ‘‘(1) TIER I.—A State shall be eligible for relief 

15 under tier I for a fiscal year in which— 

16 ‘‘(A)(i) the State was in an elevated unem17 ployment period at any point in the fiscal year; 

18 or 

19 ‘‘(ii) the Nation as a whole was in an ele20 vated unemployment period at any point in the 

21 fiscal year; and 

22 ‘‘(B) the State is not eligible for relief 

23 under any other tier. 

24 ‘‘(2) TIER II.—A State shall be eligible for re25 lief under tier II for a fiscal year in which— 


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1 ‘‘(A)(i) the State average unemployment 

2 rate was equal to or greater than 6.5 percent 

3 but less than 7.5 percent at any point in the 

4 fiscal year; or 

5 ‘‘(ii) the national average unemployment 

6 rate is equal to or greater than 6.5 percent but 

7 less than 7.5 percent at any point in the fiscal 

8 year; and 

9 ‘‘(B) the State is not eligible for relief 

10 under tier III, IV, or V. 

11 ‘‘(3) TIER III.—A State shall be eligible for re12 lief under tier III for a fiscal year in which— 

13 ‘‘(A)(i) the State average unemployment 

14 rate was equal to or greater than 7.5 percent 

15 but less than 8.5 percent at any point in the 

16 fiscal year; or 

17 ‘‘(ii) the national average unemployment 

18 rate is equal to or greater than 7.5 percent but 

19 less than 8.5 percent at any point in the fiscal 

20 year; and 

21 ‘‘(B) the State is not eligible for relief 

22 under tier IV or V. 

23 ‘‘(4) TIER IV.—A State shall be eligible for re24 lief under tier IV for a fiscal year in which— 


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1 ‘‘(A)(i) the State average unemployment 

2 rate was equal to or greater than 8.5 percent 

3 but less than 9.5 percent at any point in the 

4 fiscal year; or 

5 ‘‘(ii) the national average unemployment 

6 rate is equal to or greater than 8.5 percent but 

7 less than 9.5 percent at any point in the fiscal 

8 year; and 

9 ‘‘(B) the State is not eligible for relief 

10 under tier V. 

11 ‘‘(5) TIER V.—A State shall be eligible for relief 

12 under tier V for a fiscal year in which— 

13 ‘‘(A) the State average unemployment rate 

14 was equal to or greater than 9.5 percent at any 

15 point in the fiscal year; or 

16 ‘‘(B) the national average unemployment 

17 rate is equal to or greater than 9.5 percent at 

18 any point in the fiscal year. 

19 ‘‘(d) DISCRETION IN THE PROVISION OF RELIEF.— 

20 In determining the fiscal years for which to provide relief 

21 in accordance with subsections (a)(2) and (b) to a State 

22 that is eligible under tier II, III, IV, or V, the Secretary 

23 shall take into account the following: 


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1 ‘‘(1) In the case of a State that requests relief 

2 under subsection (a)(2), the fiscal years for which 

3 the State requests such relief, including— 

4 ‘‘(A) if the State requests such relief for 

5 the fiscal year for which the determination of 

6 the State’s eligibility for such relief is made, the 

7 amount by which the State is unable to meet 

8 the requirements of section 499D(c) for such 

9 fiscal year; and 

10 ‘‘(B) if the State requests such relief for 

11 the fiscal year succeeding the year described in 

12 subparagraph (A), the amount by which the 

13 State anticipates being unable to meet such re14 quirements for such succeeding fiscal year. 

15 ‘‘(2) In the case of a State that requests relief 

16 under subsection (b), the fiscal years for which the 

17 State requests such relief, including— 

18 ‘‘(A) if the State requests such relief for 

19 the fiscal year for which the determination of 

20 the State’s eligibility for such relief is made, the 

21 extent to which the State is unable to meet the 

22 requirements of section 499B(b) for such fiscal 

23 year; and 

24 ‘‘(B) if the State requests such relief for 

25 the fiscal year succeeding the year described in 


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•S 3086 IS

1 subparagraph (A), the extent to which the State 

2 anticipates being unable to meet such require3 ments for such succeeding fiscal year. 

4 ‘‘(3) The actual or anticipated timing, severity, 

5 and duration of the unemployment rate increase 

6 during— 

7 ‘‘(A) the fiscal year for which the deter8 mination of the State’s eligibility for such relief 

9 is made; 

10 ‘‘(B) the fiscal year succeeding the fiscal 

11 year described in subparagraph (A); and 

12 ‘‘(C) the fiscal year preceding the fiscal 

13 year described in subparagraph (A). 

14 ‘‘(4) Other factors determined to be relevant by 

15 the Secretary. 

16 ‘‘(e) CONTINUED PAYMENT TO EMPLOYEES.—A 

17 State that receives relief under subsection (a) or (b) shall, 

18 to the greatest extent practicable, continue to pay its em19 ployees of, and contractors with, public institutions of 

20 higher education in the State during the period in which 

21 the State is receiving such relief. 

22 ‘‘(f) DEFINITIONS.—In this section: 

23 ‘‘(1) ELEVATED UNEMPLOYMENT PERIOD.— 

24 The term ‘elevated unemployment period’— 


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1 ‘‘(A) when used with respect to the Nation 

2 as a whole, means a consecutive, 3-month pe3 riod in a fiscal year in which the national aver4 age unemployment rate is not less than 0.5 per5 centage points above the lowest national aver6 age unemployment rate for the 12-month period 

7 preceding such 3-month period; and 

8 ‘‘(B) when used with respect to a State, 

9 means a consecutive, 3-month period in a fiscal 

10 year in which the State average unemployment 

11 rate is not less than 0.5 percentage points 

12 above the lowest State average unemployment 

13 rate for the 12-month period preceding such 3- 

14 month period. 

15 ‘‘(2) QUALIFYING SPENDING REQUIREMENTS.— 

16 The term ‘qualifying spending requirements’ means 

17 the requirements that a State not disproportionately 

18 decrease spending for any of the categories described 

19 in paragraphs (1) through (3) of section 499D(c) 

20 relative to such State’s overall, average decrease in 

21 spending for the 3 consecutive preceding fiscal years. 

22 ‘‘(3) NATIONAL AVERAGE UNEMPLOYMENT

23 RATE.—The term ‘national average unemployment 

24 rate’ means the average (seasonally adjusted) rate of 

25 total unemployment in all States for a consecutive, 


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•S 3086 IS

1 3-month period in a fiscal year, based on data from 

2 the Bureau of Labor Statistics of the Department of 

3 Labor. 

4 ‘‘(4) STATE AVERAGE UNEMPLOYMENT RATE.— 

5 The term ‘State average unemployment rate’ means 

6 the average (seasonally adjusted) rate of total unem7 ployment in a State for a consecutive, 3-month pe8 riod in a fiscal year, based on data from the Bureau 

9 of Labor Statistics of the Department of Labor. 

10 ‘‘SEC. 499G. APPROPRIATIONS. 

11 ‘‘There are authorized to be appropriated, and there 

12 are appropriated to carry out this subpart (in addition to 

13 any other amounts appropriated to carry out this subpart 

14 and out of any money in the Treasury not otherwise ap15 propriated), such sums as may be necessary for fiscal year 

16 2024 and each succeeding fiscal year. 

17 ‘‘SEC. 499H. DEFINITIONS. 

18 ‘‘In this subpart: 

19 ‘‘(1) APPRENTICESHIP.—The term ‘apprentice20 ship’ means an apprenticeship program registered 

21 under the Act of August 16, 1937 (commonly known 

22 as the ‘National Apprenticeship Act’; 50 Stat. 664, 

23 chapter 663; 29 U.S.C. 50 et seq.). 

24 ‘‘(2) CAREER PATHWAY.—The term ‘career 

25 pathway’ has the meaning given the term in section 


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1 3 of the Workforce Innovation and Opportunity Act 

2 (29 U.S.C. 3102). 

3 ‘‘(3) COMMUNITY COLLEGE.—The term ‘com4 munity college’ means— 

5 ‘‘(A) a degree-granting public institution of 

6 higher education at which— 

7 ‘‘(i) the highest degree awarded is an 

8 associate degree; or 

9 ‘‘(ii) an associate degree is the pre10 dominant degree awarded; 

11 ‘‘(B) an eligible Tribal College or Univer12 sity; 

13 ‘‘(C) a degree-granting branch campus of a 

14 4-year public institution of higher education if, 

15 at such branch campus— 

16 ‘‘(i) the highest degree awarded is an 

17 associate degree; or 

18 ‘‘(ii) an associate degree is the pre19 dominant degree awarded; or 

20 ‘‘(D) at the designation of the Secretary, 

21 in the case of a State that does not operate or 

22 control any institution that meets a definition 

23 under subparagraph (A) or (C), a college or 

24 similarly defined and structured academic enti25 ty— 


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1 ‘‘(i) that was in existence on July 1, 

2 2021; 

3 ‘‘(ii) within a 4-year public institution 

4 of higher education; and 

5 ‘‘(iii) at which— 

6 ‘‘(I) the highest degree awarded 

7 is an associate degree; or 

8 ‘‘(II) an associate degree is the 

9 predominant degree awarded. 

10 ‘‘(4) DUAL OR CONCURRENT ENROLLMENT

11 PROGRAM.—The term ‘dual or concurrent enrollment 

12 program’ has the meaning given the term in section 

13 8101 of the Elementary and Secondary Education 

14 Act of 1965. 

15 ‘‘(5) EARLY COLLEGE HIGH SCHOOL.—The 

16 term ‘early college high school’ has the meaning 

17 given the term in section 8101 of the Elementary 

18 and Secondary Education Act of 1965. 

19 ‘‘(6) ELIGIBLE STUDENT.—The term ‘eligible 

20 student’ means a student who— 

21 ‘‘(A) is enrolled as an undergraduate stu22 dent in an eligible program (as defined in sec23 tion 481(b)) at a community college on not less 

24 than a half-time basis; 


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1 ‘‘(B) in the case of a student who is en2 rolled in a community college that charges dif3 ferent tuition rates on the basis of in-State or 

4 in-district residency, either— 

5 ‘‘(i) qualifies for in-State or in-district 

6 resident community college tuition; or 

7 ‘‘(ii) would qualify for such in-State 

8 or in-district resident tuition at such com9 munity college, but for the immigration 

10 status of such student; and 

11 ‘‘(C) has not been enrolled (whether full12 time or less than full-time) for more than 6 se13 mesters (or the equivalent) for which commu14 nity college tuition and fees of the student were 

15 set to $0 pursuant to section 499D(a); 

16 ‘‘(D) is not enrolled in a dual or concur17 rent enrollment program or early college high 

18 school; and 

19 ‘‘(E) in the case of a student who is a 

20 United States citizen, has filed a FAFSA de21 scribed in section 483 for the applicable award 

22 year for which the student is enrolled. 

23 ‘‘(7) ELIGIBLE TRIBAL COLLEGE OR UNIVER24 SITY.—The term ‘eligible Tribal College or Univer25 sity’ means— 


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1 ‘‘(A) a 2-year Tribal College or University; 

2 or 

3 ‘‘(B) a degree-granting Tribal College or 

4 University— 

5 ‘‘(i) at which the highest degree 

6 awarded is an associate degree; or 

7 ‘‘(ii) an associate degree is the pre8 dominant degree awarded. 

9 ‘‘(8) EVIDENCE-BASED INSTITUTIONAL RE10 FORMS AND INNOVATIVE PRACTICES.—The term 

11 ‘evidence-based institutional reforms and innovative 

12 practices’ means practices or reforms that meet the 

13 criteria for ‘evidence tier 1’ and ‘evidence tier 2’ 

14 under section 4611(a)(2) of the Elementary and 

15 Secondary Education Act of 1965, as determined by 

16 the Secretary in accordance with such section. 

17 ‘‘(9) INSTITUTION OF HIGHER EDUCATION.— 

18 The term ‘institution of higher education’ has the 

19 meaning given the term in section 101. 

20 ‘‘(10) MEANS-TESTED FEDERAL BENEFIT PRO21 GRAM.—The term ‘means-tested Federal benefit pro22 gram’ has the meaning given the term in section 

23 479. 

24 ‘‘(11) RECOGNIZED POSTSECONDARY CREDEN25 TIAL.—The term ‘recognized postsecondary credenVerDate Sep 11 2014 20:34 Oct 20, 2023 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3086.IS S3086

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1 tial’ has the meaning given the term in section 3 of 

2 the Workforce Innovation and Opportunity Act (29 

3 U.S.C. 3102). 

4 ‘‘(12) STATE FISCAL SUPPORT FOR HIGHER

5 EDUCATION.— 

6 ‘‘(A) INCLUSIONS.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in subparagraph (B), the term ‘State 

9 fiscal support for higher education’, used 

10 with respect to a State for a fiscal year, 

11 means an amount that is equal to— 

12 ‘‘(I) the gross amount of applica13 ble State funds appropriated or dedi14 cated, and expended by the State, in15 cluding funds from lottery receipts, in 

16 the fiscal year, that are used to sup17 port institutions of higher education 

18 and student financial aid for higher 

19 education in the State; and 

20 ‘‘(II) any funds described in 

21 clause (ii). 

22 ‘‘(ii) LOCAL FUNDS.—In the case of a 

23 State that includes, as part of the State 

24 share under section 499B(b)(2)(B) for an 

25 award year, funds provided to community 


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•S 3086 IS

1 colleges by local governments in such State 

2 for the purpose of carrying out this sub3 part, local funds provided to community 

4 colleges operated or controlled by such 

5 State for operating expenses (excluding 

6 capital expenses and research and develop7 ment costs) shall be included in the cal8 culation of the State fiscal support for 

9 higher education for such award year 

10 under clause (i). 

11 ‘‘(B) EXCLUSIONS.—State fiscal support 

12 for higher education for a State for a fiscal 

13 year shall not include— 

14 ‘‘(i) funds described in subparagraph 

15 (A)(i) that are returned to the State; 

16 ‘‘(ii) State-appropriated funds derived 

17 from Federal sources, including funds pro18 vided under section 499B(b) and section 

19 499J(b); 

20 ‘‘(iii) funds that are included in the 

21 State share under section 499B(b) (except 

22 as provided in subparagraph (A)(ii) of this 

23 paragraph), including funds included in 

24 the State share in accordance with para25 graph (2)(A) of such section; 


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1 ‘‘(iv) amounts that are portions of 

2 multiyear appropriations to be distributed 

3 over multiple years that are not to be 

4 spent for the year for which the calculation 

5 under this paragraph is being made, sub6 ject to subparagraph (C); 

7 ‘‘(v) tuition, fees, or other educational 

8 charges paid directly by a student to a 

9 public institution of higher education or to 

10 the State; 

11 ‘‘(vi) funds for— 

12 ‘‘(I) financial aid to students at13 tending, or operating expenses of— 

14 ‘‘(aa) out-of-State institu15 tions of higher education; 

16 ‘‘(bb) proprietary institu17 tions of higher education (as de18 fined in section 102(b)); or 

19 ‘‘(cc) institutions of higher 

20 education not accredited by an 

21 agency or association recognized 

22 by the Secretary pursuant to sec23 tion 496; 

24 ‘‘(II) financial aid to students 

25 awarded predominantly on the basis 


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•S 3086 IS

1 of merit, including programs awarded 

2 on the basis of predicted or actual 

3 academic performance or assessment; 

4 ‘‘(III) research and development; 

5 ‘‘(IV) hospitals, athletics, or 

6 other auxiliary enterprises; or 

7 ‘‘(V) corporate or other private 

8 donations directed to 1 or more insti9 tutions of higher education permitted 

10 to be expended by the State; or 

11 ‘‘(vii) any other funds that the Sec12 retary determines shall not be included in 

13 the calculation of State fiscal support for 

14 higher education for such State. 

15 ‘‘(C) ADJUSTMENTS FOR BIENNIAL APPRO16 PRIATIONS.—The Secretary shall take into con17 sideration any adjustments to the calculations 

18 under this paragraph that may be required to 

19 accurately reflect State fiscal support for higher 

20 education in States with biennial appropriation 

21 cycles. 

22 ‘‘(13) STATE FISCAL SUPPORT FOR HIGHER

23 EDUCATION PER FULL-TIME EQUIVALENT STU24 DENT.—The term ‘State fiscal support for higher 

25 education per full-time equivalent student’, when 


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•S 3086 IS

1 used with respect to a State for a fiscal year, means, 

2 the amount that is equal to— 

3 ‘‘(A) the State fiscal support for higher 

4 education for the previous fiscal year; divided 

5 by 

6 ‘‘(B) the number of full-time equivalent 

7 students enrolled in public institutions of higher 

8 education in such State for such previous fiscal 

9 year. 

10 ‘‘(14) TRIBAL COLLEGE OR UNIVERSITY.—The 

11 term ‘Tribal College or University’ has the meaning 

12 given such term in section 316(b)(3).’’. 

13 TITLE II—STUDENT SUCCESS 

14 FUND 

15 SEC. 201. STUDENT SUCCESS FUND. 

16 Part J of title IV of the Higher Education Act of 

17 1965 (20 U.S.C. 1070 et seq.), as added by section 101, 

18 is further amended by adding at the end the following: 

19 ‘‘Subpart 2—Student Success Fund 

20 ‘‘SEC. 499I. IN GENERAL. 

21 ‘‘(a) IN GENERAL.—From amounts appropriated 

22 under section 499O for any fiscal year, the Secretary shall 

23 carry out a grant program (to be known as the ‘Student 

24 Success Fund’) to make grants to eligible entities to carry 

25 out the activities and services described in section 499L. 


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1 ‘‘(b) PRIORITY.—In awarding funds under this sub2 part, the Secretary shall give priority to eligible entities 

3 that propose to use a significant share of grant funds to 

4 improve enrollment, retention, transfer, or completion 

5 rates or labor market outcomes among students of color, 

6 low-income students, students with disabilities, students in 

7 need of remediation, first generation college students, stu8 dent parents, and other underserved student populations. 

9 ‘‘SEC. 499J. FEDERAL SHARE AND MATCHING FUNDS. 

10 ‘‘(a) FEDERAL SHARE.— 

11 ‘‘(1) FORMULA REQUIREMENTS.—The Federal 

12 share of a grant under this subpart shall be based 

13 on a formula, developed by the Secretary, that ac14 counts for— 

15 ‘‘(A) the State or Tribal College or Univer16 sity relative share of eligible students, as deter17 mined in accordance with section 499B(c); 

18 ‘‘(B) the State or Tribal College or Univer19 sity relative share of Federal Pell Grant recipi20 ents; and 

21 ‘‘(C) the ratio between a State or Tribal 

22 College or University funding per full-time 

23 equivalent (FTE) student at public institutions 

24 of higher education and the average net price at 

25 public 4-year institutions of higher education, in 


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•S 3086 IS

1 such a way as to reward States and Indian 

2 tribes that keep net prices for students low 

3 while maintaining their fiscal support for higher 

4 education. 

5 ‘‘(2) FORMULA PUBLISHED BEFORE APPLICA6 TION DEADLINE.—The Secretary shall— 

7 ‘‘(A) develop the formula described in 

8 paragraph (1); 

9 ‘‘(B) calculate estimated allotments for 

10 each eligible entity under such formula; and 

11 ‘‘(C) publish such formula and estimated 

12 allotments not later than the date of the notice 

13 soliciting applications for participation in the 

14 program under this subpart. 

15 ‘‘(b) MATCHING FUNDS.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), an eligible entity participating in the pro18 gram under this subpart shall provide, from non19 Federal sources, in cash or in-kind— 

20 ‘‘(A) in each of the first, second, third, and 

21 fourth years of participation in the program, an 

22 amount equal to 25 percent of the amount such 

23 entity received under subsection (a) with re24 spect to such year; 


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1 ‘‘(B) in each of the fifth and sixth years of 

2 participation in the program, an amount equal 

3 to 50 percent of the amount such entity re4 ceived under subsection (a) with respect to such 

5 year; 

6 ‘‘(C) in each of the seventh and eighth 

7 years of participation in the program, an 

8 amount equal to 75 percent of the amount such 

9 entity received under subsection (a) with re10 spect to such year; and 

11 ‘‘(D) in the ninth year and each subse12 quent year thereafter of participation in the 

13 program, an amount equal to 100 percent of 

14 the amount such entity received under sub15 section (a) with respect to such year. 

16 ‘‘(2) EXCEPTION FOR TRIBAL COLLEGES AND

17 UNIVERSITIES.—The Secretary may modify or waive 

18 the matching fund requirements under paragraph 

19 (1) in the case of an eligible entity that is a Tribal 

20 College or University. 

21 ‘‘(3) REALLOTMENT.—If an eligible entity re22 turns to the Secretary any portion of the grant 

23 amount provided to such eligible entity under this 

24 subpart for any fiscal year, or requests a grant 

25 amount that is less than the Federal share deterVerDate Sep 11 2014 20:34 Oct 20, 2023 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3086.IS S3086

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1 mined for such entity in accordance with subsection 

2 (a), the Secretary shall reallot such excess amount 

3 for the succeeding fiscal year, in addition to the 

4 amounts appropriated under 499O for such suc5 ceeding fiscal year. 

6 ‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds 

7 awarded under this subpart shall be used to supplement, 

8 and not supplant, other Federal, State, tribal, and local 

9 funds that would otherwise be expended to carry out ac10 tivities assisted under this subpart. 

11 ‘‘SEC. 499K. APPLICATIONS. 

12 ‘‘(a) IN GENERAL.—To be eligible to participate in 

13 the program under this subpart, an eligible entity shall 

14 submit an application to the Secretary at such time, in 

15 such manner, and containing such information as the Sec16 retary may require, including— 

17 ‘‘(1) a plan that includes— 

18 ‘‘(A) the amount of funds requested by the 

19 eligible entity under this subpart and the in20 tended use of such funds; 

21 ‘‘(B) how the eligible entity will use the re22 quested funds to implement promising and evi23 dence-based institutional reforms and innovative 

24 practices to improve student outcomes, includ25 ing— 


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1 ‘‘(i) implementation of the reforms 

2 and practices identified by such entity 

3 under section 499C(b)(4); and 

4 ‘‘(ii) annual implementation bench5 marks that the entity will use to track 

6 progress in implementing such reforms and 

7 practices; 

8 ‘‘(C) if the eligible entity is a State, how 

9 such eligible entity will support the scaling of 

10 evidence-based and innovative initiatives sys11 tem-wide; 

12 ‘‘(D) how the eligible entity will meet its 

13 matching fund requirements under section 

14 499J(b); 

15 ‘‘(E) if the eligible entity is a State, how 

16 such eligible entity will prioritize spending on 

17 the public institutions of higher education speci18 fied in paragraph (2)(B); and 

19 ‘‘(F) the improvements the eligible entity 

20 anticipates in student outcomes, including im21 provements in transfer rates or completion 

22 rates, or both; and 

23 ‘‘(2) if the eligible entity is a State, an analysis 

24 that includes— 


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1 ‘‘(A) with respect to each public institution 

2 of higher education of the eligible entity— 

3 ‘‘(i) the total per-student funding; 

4 ‘‘(ii) the amount of per-student fund5 ing from State-appropriated funds; 

6 ‘‘(iii) the student demographics (in7 cluding data on race, income, disability 

8 status, and remediation); and 

9 ‘‘(iv) transfer and completion rates, 

10 including such rates among low-income 

11 students, students of color, students with 

12 disabilities, and students in need of reme13 diation; and 

14 ‘‘(B) whether, of the public institutions of 

15 higher education of the eligible entity, the pub16 lic institutions of higher education that received 

17 less funding on a per-student basis described in 

18 clause (i) or (ii), or both, of subparagraph (A), 

19 are serving disproportionately high shares of 

20 low-income students, students of color, students 

21 with disabilities, or students in need of remedi22 ation. 

23 ‘‘(b) APPROVAL.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after receiving a plan under subsection (a), the Sec3 retary shall— 

4 ‘‘(A) approve the plan; or 

5 ‘‘(B) require revisions to such plan. 

6 ‘‘(2) REVISIONS REQUIRED.—An eligible entity 

7 shall make such revisions as required by the Sec8 retary under paragraph (1)(B). 

9 ‘‘(c) PUBLICATION.—The Secretary shall make each 

10 plan approved under subsection (b)(1)(A) and each plan 

11 revised under subsection (b)(2) available to the public on 

12 the website of the Department. 

13 ‘‘SEC. 499L. PROGRAM REQUIREMENTS. 

14 ‘‘(a) GENERAL REQUIREMENTS.— 

15 ‘‘(1) REPORT ON DEMONSTRATED PROGRESS.— 

16 For the third year in which an eligible entity partici17 pates in the program under this subpart, and every 

18 2 years thereafter, the eligible entity shall submit a 

19 report to the Secretary, in such manner and con20 taining such information as the Secretary may re21 quire, that includes— 

22 ‘‘(A) the progress in meeting the annual 

23 implementation benchmarks included in the ap24 plication of such eligible entity under section 

25 499K(a)(1)(B); 


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1 ‘‘(B) the progress in improving the student 

2 outcomes identified by the entity under section 

3 499K(a)(1)(F); and 

4 ‘‘(C) with respect to the 2 years after such 

5 report is submitted— 

6 ‘‘(i) a plan for the use of funds under 

7 this subpart; and 

8 ‘‘(ii) the amount of funds requested 

9 by the eligible entity under this subpart. 

10 ‘‘(2) APPROVAL.—Not later than 180 days 

11 after receiving a plan under paragraph (1)(C)(i), the 

12 Secretary shall— 

13 ‘‘(A) approve the plan; or 

14 ‘‘(B) require revisions to such plan. 

15 ‘‘(3) REVISIONS REQUIRED.—An eligible entity 

16 shall make such revisions as required by the Sec17 retary under paragraph (2)(B). 

18 ‘‘(b) FAILURE TO MEET REQUIREMENTS.—If an eli19 gible entity does not meet the annual implementation 

20 benchmarks included in the application of such eligible en21 tity under section 499K(a)(1)(B), as required to be re22 ported under subsection (a)(1)(A), such eligible entity 

23 shall submit to the Secretary, at such time and in such 

24 manner as the Secretary may require— 


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1 ‘‘(1) a written explanation for the delay in 

2 meeting such requirements; and 

3 ‘‘(2) a plan that will enable such eligible entity 

4 to meet such requirements not later than 1 year 

5 after the date on which the eligible entity submitted 

6 the written explanation under paragraph (1). 

7 ‘‘(c) PUBLICATION.—The Secretary shall make each 

8 plan approved under subsection (a)(2)(A), each plan re9 vised under subsection (a)(3), and each plan submitted 

10 under subsection (b)(2) available to the public on the 

11 website of the Department. 

12 ‘‘SEC. 499M. ALLOWABLE USES OF FUNDS. 

13 ‘‘(a) IN GENERAL.—Except as provided in subsection 

14 (b), an eligible entity shall use a grant under this subpart 

15 only to carry out the plan approved or revised for such 

16 year under section 499K. 

17 ‘‘(b) USE OF FUNDS FOR ADMINISTRATIVE PUR18 POSES.—An eligible entity that receives a grant under this 

19 subpart may use not more than 5 percent of such grant 

20 for administrative purposes relating to the grant under 

21 this subpart. 

22 ‘‘(c) PROHIBITED USES OF FUNDS.—No funds re23 ceived under this section shall be used to— 


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1 ‘‘(1) pay contractors for the provision of pre-en2 rollment recruitment activities through a revenue 

3 sharing agreement; or 

4 ‘‘(2) fund endowments, athletics, sectarian in5 struction, or religious worship. 

6 ‘‘SEC. 499N. ELIGIBLE ENTITY DEFINED. 

7 ‘‘In this subpart, the term ‘eligible entity’ means a 

8 State or Tribal College or University that is a recipient 

9 of a grant under subpart 1. 

10 ‘‘SEC. 499O. APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—There 

12 are authorized to be appropriated, and there are appro13 priated to carry out this subpart (in addition to any other 

14 amounts appropriated to carry out this subpart and out 

15 of any money in the Treasury not otherwise appropriated), 

16 $1,000,000,000 for fiscal year 2024 and each succeeding 

17 fiscal year. 

18 ‘‘(b) AVAILABILITY.—Funds appropriated under sub19 section (a) shall remain available to the Secretary until 

20 expended.’’. 


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1 TITLE III—PATHWAYS TO STU2 DENT SUCCESS FOR HISTORI3 CALLY BLACK COLLEGES AND 

4 UNIVERSITIES, TRIBAL COL5 LEGES AND UNIVERSITIES, 

6 AND MINORITY-SERVING IN7 STITUTIONS 

8 SEC. 301. GRANTS TO HISTORICALLY BLACK COLLEGES 

9 AND UNIVERSITIES, TRIBAL COLLEGES AND 

10 UNIVERSITIES, AND MINORITY-SERVING IN11 STITUTIONS. 

12 Part J of title IV of the Higher Education Act of 

13 1965 (20 U.S.C. 1070 et seq.), as added and amended 

14 by this Act, is further amended by adding at the end the 

15 following: 

16 ‘‘Subpart 3—Grants to Historically Black Colleges 

17 and Universities, Tribal Colleges and Univer18 sities, and Minority-Serving Institutions 

19 ‘‘SEC. 499P. PATHWAYS TO STUDENT SUCCESS FOR HIS20 TORICALLY BLACK COLLEGES AND UNIVER21 SITIES. 

22 ‘‘From amounts appropriated under section 499U(a) 

23 for any fiscal year, the Secretary shall award grants to 

24 participating historically Black colleges or universities 

25 that meet the requirements of section 499S(a) to— 


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1 ‘‘(1) encourage students to enroll and success2 fully complete a bachelor’s degree at such colleges 

3 and universities; 

4 ‘‘(2) provide incentives to community college 

5 students to transfer to such colleges and universities 

6 through strong transfer pathways to complete a 

7 bachelor’s degree program; and 

8 ‘‘(3) support such colleges and universities to 

9 better serve new and existing students by engaging 

10 in reforms and innovations designed to improve com11 pletion rates and other student outcomes. 

12 ‘‘SEC. 499Q. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL 

13 COLLEGES AND UNIVERSITIES. 

14 ‘‘From amounts appropriated under section 499U(a) 

15 for any fiscal year, the Secretary shall award grants to 

16 participating Tribal Colleges or Universities that meet the 

17 requirements of section 499S(a) to— 

18 ‘‘(1) encourage students to enroll and success19 fully complete a bachelor’s degree at such Colleges 

20 and Universities; 

21 ‘‘(2) provide incentives to community college 

22 students to transfer to such Colleges and Univer23 sities through strong transfer pathways to complete 

24 a bachelor’s degree program; and 


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1 ‘‘(3) support such Colleges and Universities to 

2 better serve new and existing students by engaging 

3 in reforms and innovations designed to improve com4 pletion rates and other student outcomes. 

5 ‘‘SEC. 499R. PATHWAYS TO STUDENT SUCCESS FOR ALASKA 

6 NATIVE-SERVING INSTITUTIONS, ASIAN 

7 AMERICAN AND NATIVE AMERICAN PACIFIC 

8 ISLANDER-SERVING INSTITUTIONS, HIS9 PANIC-SERVING INSTITUTIONS, NATIVE 

10 AMERICAN-SERVING NONTRIBAL INSTITU11 TIONS, NATIVE HAWAIIAN-SERVING INSTITU12 TIONS, AND PREDOMINANTLY BLACK INSTI13 TUTIONS. 

14 ‘‘From amounts appropriated under section 499U(a) 

15 for any fiscal year, the Secretary shall award grants to 

16 participating Alaska Native-serving institutions, Asian 

17 American and Native American Pacific Islander-serving 

18 institutions, Hispanic-serving institutions, Native Amer19 ican-serving nontribal institutions, Native Hawaiian-serv20 ing institutions, and Predominantly Black institutions 

21 that meet the requirements of section 499S(a) to— 

22 ‘‘(1) encourage students to enroll and success23 fully complete a bachelor’s degree at such institu24 tions; 


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1 ‘‘(2) provide incentives to community college 

2 students to transfer to such institutions through 

3 strong transfer pathways to complete a bachelor’s 

4 degree program; and 

5 ‘‘(3) support such institutions to better serve 

6 new and existing students by engaging in reforms 

7 and innovations designed to improve completion 

8 rates and other student outcomes. 

9 ‘‘SEC. 499S. GRANT TERMS. 

10 ‘‘(a) INSTITUTIONAL ELIGIBILITY.—An institution 

11 shall meet the requirements of this subsection if the insti12 tution— 

13 ‘‘(1) in a public or nonprofit 4-year institution 

14 that has a student body of which not less than 35 

15 percent are low-income students; 

16 ‘‘(2) commits to maintaining or adopting and 

17 implementing promising and evidence-based institu18 tional reforms and innovative practices to improve 

19 the completion rates and other student outcomes, 

20 such as— 

21 ‘‘(A) providing comprehensive academic, 

22 career, and student support services (including 

23 mentoring, advising, case management services, 

24 and career pathway navigation), especially for 

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1 dents, and other students belonging to racial 

2 and other groups that are historically underrep3 resented in higher education; 

4 ‘‘(B) providing direct support services, or 

5 assistance in applying for such services, such 

6 as— 

7 ‘‘(i) childcare, transportation, and 

8 emergency financial assistance; 

9 ‘‘(ii) assistance in obtaining health in10 surance coverage and accessing health care 

11 services, including behavioral and mental 

12 health services; 

13 ‘‘(iii) affordable housing; 

14 ‘‘(iv) nutrition assistance programs or 

15 free or discounted food; and 

16 ‘‘(v) means-tested Federal benefit pro17 grams, or similar State, tribal, or local 

18 benefit programs; 

19 ‘‘(C) providing accelerated learning oppor20 tunities and degree pathways, such as dual or 

21 concurrent enrollment programs and pathways 

22 to graduate and professional degree programs; 

23 ‘‘(D) partnering with employers, industry, 

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1 vide opportunities to advance learning outside 

2 the classroom, including— 

3 ‘‘(i) work-based learning opportunities 

4 (such as internships or apprenticeships); or 

5 ‘‘(ii) programs designed to improve 

6 inter-cultural development and personal 

7 growth (such as foreign exchange and 

8 study abroad programs); or 

9 ‘‘(E) strengthening remedial education, es10 pecially for low-income, first-generation, and 

11 adult students, and other students belonging to 

12 racial and other groups that are historically 

13 underrepresented in higher education, including 

14 through the use of multiple measures (such as 

15 a student’s college entrance examination score, 

16 grade point average, high school course list, or 

17 a placement examination) to identify students 

18 in need of remedial education; 

19 ‘‘(3) sets performance goals for improving stu20 dent outcomes for the duration of the grant; and 

21 ‘‘(4) if receiving a grant for transfer students, 

22 has a formal, statewide articulation agreement with 

23 community colleges in the State in which such insti24 tution operates that guarantees— 


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1 ‘‘(A) that a student who earns postsec2 ondary credit at any community college in such 

3 State shall be able to fully transfer such credit 

4 toward meeting related degree or certificate re5 quirements at such institution; and 

6 ‘‘(B) that associate degrees awarded by 

7 community colleges in the State are fully trans8 ferable to, and credited as, the first 2 years of 

9 related baccalaureate programs at such institu10 tion. 

11 ‘‘(b) GRANT AMOUNT.— 

12 ‘‘(1) INITIAL AMOUNT.—For the first year that 

13 an eligible institution participates in the grant pro14 gram under this subpart and subject to paragraph 

15 (3), such eligible institution shall receive a grant in 

16 an amount based on the product of— 

17 ‘‘(A) the actual cost of tuition and fees at 

18 the eligible institution in such year (referred to 

19 in this subpart as the per-student rebate); and 

20 ‘‘(B) the number of eligible students en21 rolled in the eligible institution for the pre22 ceding year. 

23 ‘‘(2) SUBSEQUENT INCREASES.—For each suc24 ceeding year after the first year of the grant pro25 gram under this subpart, each participating eligible 


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1 institution shall receive a grant in the amount deter2 mined under paragraph (1) for such year, except 

3 that in no case shall the amount of the per-student 

4 rebate for an eligible institution increase by more 

5 than 3 percent as compared to the amount of such 

6 rebate for the preceding year. 

7 ‘‘(3) LIMITATIONS.— 

8 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

9 No eligible institution participating in the grant 

10 program under this subpart shall receive a per11 student rebate amount for any year that is 

12 greater than the national average of annual tui13 tion and fees at public 4-year institutions of 

14 higher education for such year, as determined 

15 by the Secretary. 

16 ‘‘(B) FIRST-YEAR TUITION AND FEES.— 

17 During the first year of participation in the 

18 grant program under this subpart, no eligible 

19 institution may increase tuition and fees at a 

20 rate greater than any annual increase at the eli21 gible institution in the previous 5 years. 

22 ‘‘(4) STUDENTS ENROLLED LESS THAN FULL23 TIME.—The Secretary shall develop and implement a 

24 formula for making adjustments to grant amounts 

25 under this subpart based on the number of eligible 


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1 students at each eligible institution enrolled less 

2 than full-time and the associated tuition and fees 

3 charged to such students in proportion to the degree 

4 to which each such student is not attending on a 

5 full-time basis. 

6 ‘‘(c) APPLICATION.—An eligible institution that de7 sires a grant under this subpart shall submit an applica8 tion to the Secretary at such time, in such manner, and 

9 containing such information as the Secretary may require. 

10 ‘‘(d) USE OF FUNDS.—Funds awarded under this 

11 subpart to a participating eligible institution shall be used 

12 to waive or significantly reduce tuition and fees for eligible 

13 students by an amount not to exceed the annual per-stu14 dent rebate amount. Such funds under this subpart may 

15 only be used to waive or reduce tuition and fees for the 

16 first 60 credits for which an eligible student is enrolled 

17 in the participating eligible institution. 

18 ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made 

19 available under section 499U to carry out this subpart 

20 shall be used to supplement, and not supplant, other Fed21 eral, State, tribal, and local funds that would otherwise 

22 be expended to carry out activities under this subpart. 

23 ‘‘SEC. 499T. DEFINITIONS. 

24 ‘‘In this subpart: 


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1 ‘‘(1) ALASKA NATIVE-SERVING INSTITUTION.— 

2 The term ‘Alaska Native-serving institution’ has the 

3 meaning given such term in section 317(b). 

4 ‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN

5 PACIFIC ISLANDER-SERVING INSTITUTION.—The 

6 term ‘Asian American and Native American Pacific 

7 Islander-serving institution’ has the meaning given 

8 such term in section 371(c). 

9 ‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 

10 student’ means a student, regardless of age, who— 

11 ‘‘(A) is enrolled in an eligible program (as 

12 defined in section 481(b)) at a participating eli13 gible institution, on at least a half-time basis; 

14 ‘‘(B) is a low-income student; 

15 ‘‘(C) has been enrolled at such partici16 pating eligible institution under this subpart for 

17 not more than 60 credits; and 

18 ‘‘(D) has not been enrolled (whether full19 time or less than full-time) for more than 6 se20 mesters (or the equivalent) for which the stu21 dent received a benefit under this subpart. 

22 ‘‘(4) HISPANIC-SERVING INSTITUTION.—The 

23 term ‘Hispanic-serving institution’ has the meaning 

24 given such term in section 502. 


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1 ‘‘(5) HISTORICALLY BLACK COLLEGE OR UNI2 VERSITY.—The term ‘historically Black college or 

3 university’ means a part B institution described in 

4 section 322(2). 

5 ‘‘(6) LOW-INCOME STUDENT.—The term ‘low6 income student’ shall include— 

7 ‘‘(A) any student eligible for a Federal Pell 

8 Grant under section 401; and 

9 ‘‘(B) any student who meets the financial 

10 eligibility criteria for receiving a Federal Pell 

11 Grant under section 401, but who is ineligible 

12 to receive a Federal Pell Grant. 

13 ‘‘(7) NATIVE AMERICAN-SERVING NONTRIBAL

14 INSTITUTION.—The term ‘Native American-serving 

15 nontribal institution’ has the meaning given such 

16 term in section 371(c). 

17 ‘‘(8) NATIVE HAWAIIAN-SERVING INSTITU18 TION.—The term ‘Native Hawaiian-serving institu19 tion’ has the meaning given such term in section 

20 317(b). 

21 ‘‘(9) PREDOMINANTLY BLACK INSTITUTION.— 

22 The term ‘Predominantly Black institution’ has the 

23 meaning given such term in section 371(c). 


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1 ‘‘(10) TRIBAL COLLEGE OR UNIVERSITY.—The 

2 term ‘Tribal College or University’ has the meaning 

3 given the term in section 316(b)(3). 

4 ‘‘SEC. 499U. APPROPRIATIONS. 

5 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS FOR

6 HBCU, TCU, AND MSI GRANTS.—For the purpose of 

7 carrying out this subpart there are authorized to be appro8 priated, and there are appropriated— 

9 ‘‘(1) $98,100,000 for fiscal year 2024; 

10 ‘‘(2) $321,040,000 for fiscal year 2025; 

11 ‘‘(3) $1,912,010,000 for fiscal year 2026; 

12 ‘‘(4) $1,988,710,000 for fiscal year 2027; 

13 ‘‘(5) $2,068,960,000 for fiscal year 2028; 

14 ‘‘(6) $2,151,010,000 for fiscal year 2029; 

15 ‘‘(7) $2,184,900,000 for fiscal year 2030; 

16 ‘‘(8) $2,329,370,000 for fiscal year 2031; 

17 ‘‘(9) $2,423,910,000 for fiscal year 2032; and 

18 ‘‘(10) $2,521,990,000 for fiscal year 2033 and 

19 each succeeding fiscal year. 

20 ‘‘(b) AVAILABILITY.—Funds appropriated under sub21 section (a) for a fiscal year are to remain available to the 

22 Secretary through the two fiscal years following such fiscal 

23 year. 

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1 cient to award each institution participating in the grant 

2 programs under sections 499P, 499Q, and 499R a grant 

3 under this subpart equal to 100 percent of the grant 

4 amount determined under section 499S(b), the Secretary 

5 may ratably reduce the amount of each such grant or take 

6 other actions necessary to ensure an equitable distribution 

7 of such amount appropriated under subsection (a).’’. 

Æ 


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