II 

116TH CONGRESS 

1ST SESSION S. 2250 

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 MinorityServing Institutions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 24, 2019 

Ms. BALDWIN (for herself, Mr. LEAHY, and Mr. MENENDEZ) 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 MinorityServing 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 2019’’. 


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1 SEC. 2. PROGRAM AUTHORIZED. 

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

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

4 the following: 

5 ‘‘PART J—AMERICA’S COLLEGE PROMISE 

6 FEDERAL-STATE PARTNERSHIP 

7 ‘‘Subpart 1—State and Indian Tribe Grants for 

8 Community Colleges 

9 ‘‘SEC. 499A. IN GENERAL. 

10 ‘‘From amounts appropriated under section 499G for 

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

12 States and Indian tribes to pay the Federal share of ex13 penditures needed to carry out the activities and services 

14 described in section 499E. 

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

16 ‘‘(a) FEDERAL SHARE.— 

17 ‘‘(1) FORMULA.—Subject to paragraph (2), the 

18 Federal share of a grant under this subpart shall be 

19 based on a formula, determined by the Secretary, 

20 that— 

21 ‘‘(A) accounts for the State or Indian 

22 tribe’s share of eligible students; 

23 ‘‘(B) accounts for the ratio between a 

24 State or Indian tribe’s funding per full-time 

25 equivalent (FTE) student at public colleges and 

26 universities and the average net price at State 


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1 public four-year colleges and universities, in 

2 such a way as to reward States that keep net 

3 prices for students low while maintaining their 

4 investment in higher education; and 

5 ‘‘(C) provides, for each eligible student in 

6 the State or Indian tribe, a per-student amount 

7 that is at least 75 percent of— 

8 ‘‘(i) for the 2020–2021 award year, 

9 the average resident community college tui10 tion and fees per student in all States for 

11 the most recent year for which data are 

12 available; and 

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

14 the amount determined under this clause 

15 for the preceding award year, increased by 

16 the lesser of— 

17 ‘‘(I) a percentage equal to the es18 timated percentage increase in the 

19 Consumer Price Index (as determined 

20 by the Secretary) since the date of 

21 such determination; or 

22 ‘‘(II) 3 percent. 

23 ‘‘(2) EXCEPTION FOR CERTAIN INDIAN

24 TRIBES.—In any case in which not less than 75 per25 cent of the students at the community colleges operVerDate Sep 11 2014 22:32 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2250.IS S2250

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1 ated or controlled by an Indian tribe are low-income 

2 students, the amount of the Federal share for such 

3 Indian tribe shall be not less than 95 percent of the 

4 total amount needed to waive tuition and fees for all 

5 eligible students enrolled in such community col6 leges. 

7 ‘‘(b) STATE OR TRIBAL SHARE.— 

8 ‘‘(1) FORMULA.— 

9 ‘‘(A) IN GENERAL.—The State or tribal 

10 share of a grant under this subpart for each fis11 cal year shall be the amount needed to pay 25 

12 percent of the average community college resi13 dent tuition and fees per student in all States 

14 in the 2020–2021 award year for all eligible 

15 students in the State or Indian tribe, respec16 tively, for such fiscal year, except as provided in 

17 subparagraph (B). 

18 ‘‘(B) EXCEPTION FOR CERTAIN INDIAN

19 TRIBES.—In the case of an Indian tribe de20 scribed in subsection (a)(2), the amount of such 

21 Indian tribe’s tribal share shall not exceed 5 

22 percent of the total amount needed to waive tui23 tion and fees for all eligible students enrolled in 

24 such community colleges. 


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1 ‘‘(2) NEED-BASED AID.—A State or Indian 

2 tribe may include, as part of the State or tribal 

3 share, any need-based financial aid that— 

4 ‘‘(A) is provided from State or tribal funds 

5 to an eligible student; and 

6 ‘‘(B) may be used by such student to pay 

7 costs of attendance other than tuition and fees. 

8 ‘‘(3) NO IN-KIND CONTRIBUTIONS.—A State or 

9 Indian tribe shall not include in-kind contributions 

10 for purposes of the State or tribal share described 

11 in paragraph (1). 

12 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU13 DENTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Education 

15 shall develop and implement a process for accurately 

16 estimating the number of eligible students in a State 

17 or Indian tribe for purposes of subsection (a) and 

18 (b). 

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

20 year for which grants are awarded under this sub21 part, the number of eligible students in a State or 

22 Indian tribe shall be considered to be equal to the 

23 number of eligible students that were in the State or 

24 tribe for the 2020–2021 school year. 


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

2 than 180 days after the date on which a State or Indian 

3 tribe receives a grant under this subpart, the Secretary 

4 shall— 

5 ‘‘(1) in consultation with the State or tribe con6 cerned, determine whether the actual number of eli7 gible students in the State or Tribe for the year cov8 ered by the grant is greater than the estimated num9 ber of such students that was used to determine the 

10 amount of the grant; and 

11 ‘‘(2) if it is determined under paragraph (1) 

12 that the actual number of eligible students in the 

13 State or Tribe is higher than such estimate, issue a 

14 supplementary grant payment to the State or tribe 

15 in an amount that ensures that the total amount of 

16 the grant funds received by the State or tribe under 

17 this subpart for the year covered by the grant accu18 rately reflects the higher number of eligible students. 

19 ‘‘SEC. 499C. APPLICATIONS. 

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

21 this subpart, a State or tribe shall submit an application 

22 to the Secretary at such time, in such manner, and con23 taining such information as the Secretary may require. 

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

25 (a) shall include, at a minimum— 


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1 ‘‘(1) an estimate of the number of eligible stu2 dents in the State or Indian tribe and the cost of 

3 waiving community college resident tuition and fees 

4 for all eligible students for each fiscal year covered 

5 by the grant; 

6 ‘‘(2) an assurance that all community colleges 

7 in the State or under the jurisdiction of the Indian 

8 tribe, respectively, will waive resident tuition and 

9 fees for eligible students in accordance with section 

10 499D(a); 

11 ‘‘(3) a description of the promising and evi12 dence-based institutional reforms and innovative 

13 practices to improve student outcomes, including 

14 completion or transfer rates, that have been or will 

15 be adopted by the participating community colleges, 

16 such as— 

17 ‘‘(A) providing comprehensive academic 

18 and student support services, including men19 toring and advising, especially for low-income, 

20 first-generation, adult, and other underrep21 resented students; 

22 ‘‘(B) the provision of direct support serv23 ices such as— 

24 ‘‘(i) childcare, transportation, emer25 gency financial assistance, and mental 


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1 health and substance use disorder treat2 ment; 

3 ‘‘(ii) assistance in obtaining health in4 surance coverage; 

5 ‘‘(iii) assistance securing affordable 

6 housing; 

7 ‘‘(iv) efforts to address food insecurity 

8 and campus hunger; and 

9 ‘‘(v) efforts to facilitate student par10 ticipation in means-tested Federal benefit 

11 programs (as defined in section 479(d)); 

12 ‘‘(C) providing accelerated learning oppor13 tunities, such as dual or concurrent enrollment 

14 programs, including early college high school 

15 programs; 

16 ‘‘(D) strengthening remedial education, es17 pecially for low-income, first-generation, adult 

18 and other underrepresented students; 

19 ‘‘(E) implementing course redesigns of 

20 high-enrollment courses to improve student out21 comes and reduce cost; or 

22 ‘‘(F) utilizing career pathways or degree 

23 pathways; 

24 ‘‘(4) a description of how the State or Indian 

25 tribe will ensure that programs leading to a recogVerDate Sep 11 2014 22:32 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2250.IS S2250

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1 nized postsecondary credential meet the quality cri2 teria established by the State under section 123(a) 

3 of the Workforce Innovation and Opportunity Act 

4 (29 U.S.C. 3153(a)) or other quality criteria deter5 mined appropriate by the State or Indian tribe; 

6 ‘‘(5) an assurance that all participating commu7 nity colleges in the State or under the authority of 

8 the Indian tribe have entered into program partici9 pation agreements under section 487; 

10 ‘‘(6) an assurance that the State or Indian tribe 

11 will, to the extent practicable, assist eligible students 

12 in obtaining information about and accessing means13 tested Federal benefit programs (as defined in sec14 tion 479(d)) for which such students may be eligible; 

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

16 grant, the State or Indian tribe will notify each eligi17 ble student of the student’s remaining eligibility for 

18 assistance under this subpart; and 

19 ‘‘(8) if the application is submitted by a 

20 State— 

21 ‘‘(A) an assurance that the State will, to 

22 the extent practicable, consider changes to 

23 State law that will enable more community col24 lege students to be eligible for means-tested 


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1 Federal benefit programs (as defined in section 

2 479(d)); 

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

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

5 to the alignment of secondary and postsec6 ondary education; and 

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

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

9 to the improvement of transfer pathways be10 tween institutions of higher education. 

11 ‘‘SEC. 499D. PROGRAM REQUIREMENTS. 

12 ‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN13 DIAN TRIBES.—As a condition of receiving a grant under 

14 this subpart a State or Indian tribe shall meet the fol15 lowing requirements: 

16 ‘‘(1) For each year of the grant the total 

17 amount of community college resident tuition and 

18 fees charged to an eligible student in the State or 

19 Indian tribe shall be $0. 

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

21 financial assistance for which an eligible student 

22 qualifies may be applied to such tuition or fees. 

23 ‘‘(b) STATE REQUIREMENTS.—As a condition of re24 ceiving a grant under this subpart a State shall meet the 

25 following requirements: 


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1 ‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU2 CATION.— 

3 ‘‘(A) IN GENERAL.—The State shall— 

4 ‘‘(i) submit a plan to align the re5 quirements for receiving a regular high 

6 school diploma from a public high school 

7 with the requirements for entering credit8 bearing coursework at a participating com9 munity college; and 

10 ‘‘(ii) not later than three years after 

11 the date on which the State first receives 

12 a grant under this subpart, certify to the 

13 Secretary that such alignment has been 

14 achieved. 

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

16 does not provide the certification required 

17 under subparagraph (A) by the date specified in 

18 such subparagraph, the State shall submit to 

19 the Secretary, at such time and in such manner 

20 as the Secretary may require— 

21 ‘‘(i) a written explanation for the 

22 delay in making the certification; and 

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

24 to make the certification by not later than 


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1 5 years after the date on which the State 

2 first received a grant under this subpart. 

3 ‘‘(2) TRANSFER PATHWAYS.— 

4 ‘‘(A) IN GENERAL.—Not later than 3 years 

5 after the date on which a State first receives a 

6 grant under this subpart, such State shall cer7 tify to the Secretary that each public institution 

8 of higher education participating in any pro9 gram under this title has entered into an ar10 ticulation agreement (as defined in section 

11 486A(a)) held in common with the other public 

12 institutions of higher education located in such 

13 State that are participating in any such pro14 gram. Such articulation agreement shall, at a 

15 minimum, include— 

16 ‘‘(i) a common general education core 

17 curriculum consisting of not less than 30 

18 credit hours or the equivalent coursework, 

19 which are fully transferrable to any such 

20 public institution of higher education in 

21 the State toward meeting specific degree or 

22 certificate requirements; 

23 ‘‘(ii) common course numbering for 

24 substantially similar courses in such comVerDate Sep 11 2014 22:32 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2250.IS S2250

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1 mon general education core curriculum; 

2 and 

3 ‘‘(iii) a guarantee that an associate 

4 degree in an academic major in the arts or 

5 sciences that is awarded by such a public 

6 institution of higher education in the State 

7 on or after the date that is not later than 

8 3 years after the date on which the State 

9 first receives a grant under this subpart 

10 shall be fully transferrable to, and credited 

11 as, the first 2 years of a related bacca12 laureate program at a public institution of 

13 higher education in such State. 

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

15 does not provide the certification required 

16 under subparagraph (A) by the date specified in 

17 such subparagraph, the State shall submit to 

18 the Secretary, at such time and in such manner 

19 as the Secretary may require— 

20 ‘‘(i) a written explanation for the 

21 delay in making the certification; and 

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

23 to make the certification by not later than 

24 5 years after the date on which the State 

25 first received a grant under this subpart. 


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

2 apply the requirements under this subsection to an 

3 Indian tribe. 

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

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

6 (b), a State or Indian tribe shall use a grant under this 

7 subpart only to provide funds to participating community 

8 colleges to enable such community colleges to waive resi9 dent tuition and fees for eligible students as required 

10 under section 499D(a). 

11 ‘‘(b) ADDITIONAL USES.—If a State or Indian tribe 

12 demonstrates to the Secretary that it has grant funds re13 maining after meeting the demand for activities described 

14 in subsection (a), the State or Indian tribe may use those 

15 funds to carry out one or more of the following: 

16 ‘‘(1) Expanding the scope and capacity of high17 quality academic and occupational skills training 

18 programs at community colleges. 

19 ‘‘(2) Improving postsecondary education readi20 ness in the State or Indian tribe, through outreach 

21 and early intervention. 

22 ‘‘(3) Expanding access to dual or concurrent 

23 enrollment programs, including early college high 

24 school programs. 


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1 ‘‘(4) Improving affordability at 4-year public in2 stitutions of higher education. 

3 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR4 POSES.—A State or Indian tribe that receives a grant 

5 under this subpart may not use any funds provided under 

6 this subpart for administrative purposes relating to the 

7 grant under this subpart. 

8 ‘‘(d) MAINTENANCE OF EFFORT.—A State or Indian 

9 tribe receiving a grant under this subpart is entitled to 

10 receive its full allotment of funds under this subpart for 

11 a fiscal year only if, for each year of the grant, the State 

12 or Indian tribe provides— 

13 ‘‘(1) financial support for public higher edu14 cation at a level equal to or exceeding the average 

15 amount provided per full-time equivalent student for 

16 public institutions of higher education for the three 

17 consecutive preceding fiscal years. In making the 

18 calculation under this subsection, the State or In19 dian tribe shall— 

20 ‘‘(A) exclude capital expenses and research 

21 and development costs; and 

22 ‘‘(B) include need-based financial aid for 

23 students who attend public institutions of high24 er education; and 


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1 ‘‘(2) financial support for operational expenses 

2 for public, four-year colleges and universities at a 

3 level equal to or exceeding the average amount pro4 vided for the three consecutive proceeding State or 

5 Indian tribe fiscal years. 

6 ‘‘(e) ANNUAL REPORT.—A State or Indian tribe re7 ceiving a grant under this subpart shall submit an annual 

8 report to the Secretary describing the uses of grant funds 

9 under this subpart, the progress made in fulfilling the re10 quirements of the grant, and rates of graduation, transfer 

11 and attainment of recognized postsecondary credentials at 

12 participating community colleges, and including any other 

13 information as the Secretary may require. 

14 ‘‘(f) REPORTING BY SECRETARY.—The Secretary an15 nually shall— 

16 ‘‘(1) compile and analyze the information de17 scribed in subsection (e); and 

18 ‘‘(2) prepare and submit a report to the Com19 mittee on Health, Education, Labor, and Pensions 

20 of the Senate and the Committee on Education and 

21 Labor of the House of Representatives containing 

22 the analysis described in paragraph (1) and an iden23 tification of State and Indian tribe best practices for 

24 achieving the purpose of this subpart. 


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1 ‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 

2 provide technical assistance to eligible States and Indian 

3 tribes concerning best practices regarding the promising 

4 and evidence-based institutional reforms and innovative 

5 practices to improve student outcomes and shall dissemi6 nate such best practices among the States and Indian 

7 tribes. 

8 ‘‘(h) CONTINUATION OF FUNDING.— 

9 ‘‘(1) IN GENERAL.—A State or Indian tribe re10 ceiving a grant under this subpart for a fiscal year 

11 may continue to receive funding under this subpart 

12 for future fiscal years conditioned on the availability 

13 of budget authority and on meeting the require14 ments of the grant, as determined by the Secretary. 

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

16 discontinue funding of the Federal share of a grant 

17 under this subpart if the State or Indian tribe has 

18 violated the terms of the grant or is not making ade19 quate progress in implementing the reforms de20 scribed in the application submitted under section 

21 499C. 

22 ‘‘SEC. 499F. DEFINITIONS. 

23 ‘‘In this subpart: 

24 ‘‘(1) 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 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com4 munity college’ means a public institution of higher 

5 education at which the highest degree that is pre6 dominantly awarded to students is an associate’s de7 gree, including 2-year Tribal Colleges and Univer8 sities under section 316 and public 2-year State in9 stitutions of higher education. 

10 ‘‘(3) 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 (20 U.S.C. 7801). 

15 ‘‘(4) 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 (20 U.S.C. 

19 7801). 

20 ‘‘(5) ELIGIBLE STUDENT.— 

21 ‘‘(A) DEFINITION.—The term ‘eligible stu22 dent’ means a student who— 

23 ‘‘(i) attends the community college on 

24 not less than a half-time basis; 


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1 ‘‘(ii) is maintaining satisfactory 

2 progress (as defined in section 484(c)) in 

3 the student’s course of study; 

4 ‘‘(iii) is enrolled in an eligible pro5 gram (as defined in section 481(b)); and 

6 ‘‘(iv) either— 

7 ‘‘(I) qualifies for in-State resi8 dent community college tuition, as de9 termined by the State or Indian tribe; 

10 or 

11 ‘‘(II) would qualify for such in12 State resident community college tui13 tion, but for the immigration status of 

14 such student. 

15 ‘‘(B) SPECIAL RULE.—An otherwise eligi16 ble student shall lose eligibility 3 calendar years 

17 after first receiving benefits under this subpart. 

18 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

19 has the meaning given the term in section 102 of the 

20 Federally Recognized Indian Tribe List Act of 1994 

21 (25 U.S.C. 5130). 

22 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 

23 The term ‘institution of higher education’ has the 

24 meaning given the term in section 101. 


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1 ‘‘(8) RECOGNIZED POSTSECONDARY CREDEN2 TIAL.—The term ‘recognized postsecondary creden3 tial’ has the meaning as described in section 3 of the 

4 Workforce Innovation and Opportunity Act (29 

5 U.S.C. 3102). 

6 ‘‘(9) STATE.—The term ‘State’ has the mean7 ing given the term in section 103. 

8 ‘‘SEC. 499G. APPROPRIATIONS. 

9 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For 

10 the purpose of making grants under this subpart there are 

11 authorized to be appropriated, and there are appro12 priated— 

13 ‘‘(1) $1,569,700,000 for fiscal year 2020; 

14 ‘‘(2) $3,472,880,000 for fiscal year 2021; 

15 ‘‘(3) $4,431,950,000 for fiscal year 2022; 

16 ‘‘(4) $6,204,030,000 for fiscal year 2023; 

17 ‘‘(5) $8,119,870,000 for fiscal year 2024; 

18 ‘‘(6) $9,297,430,000 for fiscal year 2025; 

19 ‘‘(7) $11,708,890,000 for fiscal year 2026; 

20 ‘‘(8) $14,971,330,000 for fiscal year 2027; 

21 ‘‘(9) $15,619,910,000 for fiscal year 2028; and 

22 ‘‘(10) $16,296,080,000 for fiscal year 2029 and 

23 each succeeding fiscal year. 


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1 ‘‘(b) AVAILABILITY.—Funds appropriated under sub2 section (a) shall remain available to the Secretary until 

3 expended. 

4 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro5 priated under subsection (a) for a fiscal year is not suffi6 cient to award each participating State and Indian tribe 

7 a grant under this subpart that is equal to the minimum 

8 amount of the Federal share described in section 499A, 

9 the Secretary may ratably reduce the amount of each such 

10 grant or take other actions necessary to ensure an equi11 table distribution of such amount.’’. 

12 SEC. 3. PATHWAYS TO STUDENT SUCCESS FOR HISTORI13 CALLY BLACK COLLEGES AND UNIVERSITIES, 

14 TRIBAL COLLEGES AND UNIVERSITIES, AND 

15 MINORITY-SERVING INSTITUTIONS. 

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 2, 

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


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1 ‘‘Subpart 2—Grants to Historically Black Colleges 

2 and Universities, Tribal Colleges and Univer3 sities, and Minority-Serving Institutions 

4 ‘‘SEC. 499H. PATHWAYS TO STUDENT SUCCESS FOR HIS5 TORICALLY BLACK COLLEGES AND UNIVER6 SITIES. 

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

8 under section 499L(a) for any fiscal year, the Secretary 

9 shall award grants to participating 4-year historically 

10 black colleges or universities that meet the requirements 

11 of subsection (b) to— 

12 ‘‘(1) encourage students to enroll and success13 fully complete a bachelor’s degree at participating 

14 institutions; 

15 ‘‘(2) provide incentives to community college 

16 students to transfer to participating institutions 

17 through strong transfer pathways to complete a 

18 bachelor’s degree program; and 

19 ‘‘(3) support participating institutions to better 

20 serve new and existing students by engaging in re21 forms and innovations designed to improve comple22 tion rates and other student outcomes. 

23 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

24 under the program under this section, an institution shall 

25 be a historically black college or university that— 


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1 ‘‘(1) has a student body of which not less than 

2 35 percent are low-income students; 

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

4 implementing promising and evidence-based institu5 tional reforms and innovative practices to improve 

6 the completion rates and other student outcomes, 

7 such as— 

8 ‘‘(A) providing comprehensive academic 

9 and student support services, including men10 toring and advising, especially for low-income, 

11 first-generation, adult, and other underrep12 resented students; 

13 ‘‘(B) providing direct support services such 

14 as— 

15 ‘‘(i) childcare, transportation, emer16 gency financial assistance, and mental 

17 health and substance use disorder treat18 ment; 

19 ‘‘(ii) assistance in obtaining health in20 surance coverage; 

21 ‘‘(iii) assistance securing affordable 

22 housing; 

23 ‘‘(iv) efforts to address food insecurity 

24 and campus hunger; and 


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1 ‘‘(v) efforts to facilitate student par2 ticipation in means-tested Federal benefit 

3 programs (as defined in section 479(d)); 

4 ‘‘(C) providing accelerated learning oppor5 tunities and degree pathways, such as dual en6 rollment and pathways to graduate and profes7 sional degree programs; 

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

9 not-for-profit associations, and other groups to 

10 provide opportunities to advance learning out11 side the classroom, including work-based learn12 ing opportunities such as internships or appren13 ticeships or programs designed to improve 

14 inter-cultural development and personal growth, 

15 such as foreign exchange and study abroad pro16 grams; 

17 ‘‘(E) strengthening remedial education, es18 pecially for low-income students, first-genera19 tion college students, adult students, and other 

20 underrepresented students; or 

21 ‘‘(F) implementing course redesigns of 

22 high-enrollment courses to improve student out23 comes and reduce cost; 

24 ‘‘(3) sets performance goals for improving stu25 dent outcomes for the duration of the grant; and 


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

2 has articulation agreements with community colleges 

3 at the national, State, or local level to ensure that 

4 community college credits can fully transfer to the 

5 participating institution. 

6 ‘‘(c) GRANT AMOUNT.— 

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

8 an eligible institution participates in the grant pro9 gram under this section and subject to paragraph 

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

11 an amount based on the product of— 

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

13 the eligible institution in such year (referred to 

14 in this section as the per-student rebate); and 

15 ‘‘(B) the number of eligible students en16 rolled in the eligible institution for the pre17 ceding year. 

18 ‘‘(2) SUBSEQUENT INCREASES.—For each suc19 ceeding year after the first year of the grant pro20 gram under this section, each participating eligible 

21 institution shall receive a grant in the amount deter22 mined under paragraph (1) for such year, except 

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

24 rebate for an eligible institution increase by more 


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1 than 3 percent as compared to the amount of such 

2 rebate for the preceding year. 

3 ‘‘(3) LIMITATIONS.— 

4 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

5 No eligible institution participating in the grant 

6 program under this section shall receive a per7 student rebate amount for any year that is 

8 greater than the national average of annual tui9 tion and fees at public 4-year institutions of 

10 higher education for such year, as determined 

11 by the Secretary. 

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

13 During the first year of participation in the 

14 grant program under this section, no eligible in15 stitution may increase tuition and fees at a rate 

16 greater than any annual increase at the eligible 

17 institution in the previous 5 years. 

18 ‘‘(d) APPLICATION.—An eligible institution that de19 sires a grant under this section shall submit an application 

20 to the Secretary at such time, in such manner, and con21 taining such information as the Secretary may require. 

22 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

23 section to a participating eligible institution shall be used 

24 to waive or significantly reduce tuition and fees for eligible 

25 students in an amount of not more than up to the annual 


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1 per-student rebate amount for each student, for not more 

2 than the first 60 credits an eligible student enrolls in the 

3 participating eligible institution. 

4 ‘‘SEC. 499I. PATHWAYS TO STUDENT SUCCESS FOR TRIBAL 

5 COLLEGES AND UNIVERSITIES. 

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

7 under section 499L(a) for any fiscal year, the Secretary 

8 shall award grants to participating 4-year Tribal Colleges 

9 or Universities that meet the requirements of subsection 

10 (b) to— 

11 ‘‘(1) encourage students to enroll and success12 fully complete a bachelor’s degree at participating 

13 institutions; 

14 ‘‘(2) provide incentives to community college 

15 students to transfer to participating institutions 

16 through strong transfer pathways to complete a 

17 bachelor’s degree program; and 

18 ‘‘(3) support participating institutions to better 

19 serve new and existing students by engaging in re20 forms and innovations designed to improve comple21 tion rates and other student outcomes. 

22 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 

23 under the program under this section, an institution shall 

24 be a Tribal College or University that— 


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1 ‘‘(1) has a student body of which not less than 

2 35 percent are low-income students; 

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

4 implementing promising and evidence-based institu5 tional reforms and innovative practices to improve 

6 the completion rates and other student outcomes, 

7 such as— 

8 ‘‘(A) providing comprehensive academic 

9 and student support services, including men10 toring and advising, especially for low-income, 

11 first-generation, adult, and other underrep12 resented students; 

13 ‘‘(B) providing direct support services such 

14 as— 

15 ‘‘(i) childcare, transportation, emer16 gency financial assistance, and mental 

17 health and substance use disorder treat18 ment; 

19 ‘‘(ii) assistance in obtaining health in20 surance coverage; 

21 ‘‘(iii) assistance securing affordable 

22 housing; 

23 ‘‘(iv) efforts to address food insecurity 

24 and campus hunger; and 


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1 ‘‘(v) efforts to facilitate student par2 ticipation in means-tested Federal benefit 

3 programs (as defined in section 479(d)); 

4 ‘‘(C) providing accelerated learning oppor5 tunities and degree pathways, such as dual en6 rollment and pathways to graduate and profes7 sional degree programs; 

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

9 not-for-profit associations, and other groups to 

10 provide opportunities to advance learning out11 side the classroom, including work-based learn12 ing opportunities such as internships or appren13 ticeships or programs designed to improve 

14 inter-cultural development and personal growth, 

15 such as foreign exchange and study abroad pro16 grams; 

17 ‘‘(E) strengthening remedial education, es18 pecially for low-income students, first genera19 tion college students, adult students, and other 

20 underrepresented students; or 

21 ‘‘(F) implementing course redesigns of 

22 high-enrollment courses to improve student out23 comes and reduce cost; 

24 ‘‘(3) sets performance goals for improving stu25 dent outcomes for the duration of the grant; and 


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

2 has articulation agreements with community colleges 

3 at the national, State, or local level to ensure that 

4 community college credits can fully transfer to the 

5 participating institution. 

6 ‘‘(c) GRANT AMOUNT.— 

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

8 an eligible institution participates in the grant pro9 gram under this section and subject to paragraph 

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

11 an amount based on the product of— 

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

13 the eligible institution in such year (referred to 

14 in this section as the per-student rebate); and 

15 ‘‘(B) the number of eligible students en16 rolled in the eligible institution for the pre17 ceding year. 

18 ‘‘(2) SUBSEQUENT INCREASES.—For each suc19 ceeding year after the first year of the grant pro20 gram under this section, each participating eligible 

21 institution shall receive a grant in the amount deter22 mined under paragraph (1) for such year, except 

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

24 rebate for an eligible institution increase by more 


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1 than 3 percent as compared to the amount of such 

2 rebate for the preceding year. 

3 ‘‘(3) LIMITATIONS.— 

4 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

5 No eligible institution participating in the grant 

6 program under this section shall receive a per7 student rebate amount for any year that is 

8 greater than the national average of annual tui9 tion and fees at public 4-year institutions of 

10 higher education for such year, as determined 

11 by the Secretary. 

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

13 During the first year of participation in the 

14 grant program under this section, no eligible in15 stitution may increase tuition and fees at a rate 

16 greater than any annual increase at the eligible 

17 institution in the previous 5 years. 

18 ‘‘(d) APPLICATION.—An eligible institution that de19 sires a grant under this section shall submit an application 

20 to the Secretary at such time, in such manner, and con21 taining such information as the Secretary may require. 

22 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

23 section to a participating eligible institution shall be used 

24 to waive or significantly reduce tuition and fees for eligible 

25 students in an amount of not more than up to the annual 


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1 per-student rebate amount for each student, for not more 

2 than the first 60 credits an eligible student enrolls in the 

3 participating eligible institution. 

4 ‘‘SEC. 499J. PATHWAYS TO STUDENT SUCCESS FOR HIS5 PANIC-SERVING INSTITUTIONS, ASIAN AMER6 ICAN AND NATIVE AMERICAN PACIFIC IS7 LANDER-SERVING INSTITUTIONS, ALASKA NA8 TIVE-SERVING INSTITUTIONS, NATIVE HAWAI9 IAN-SERVING INSTITUTIONS, PREDOMI10 NANTLY BLACK INSTITUTIONS, AND NATIVE 

11 AMERICAN-SERVING NONTRIBAL INSTITU12 TIONS. 

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

14 under section 499L(a) for any fiscal year, the Secretary 

15 shall award grants to participating 4-year minority-serving 

16 institutions to— 

17 ‘‘(1) encourage students to enroll and success18 fully complete a bachelor’s degree at participating 

19 institutions; 

20 ‘‘(2) provide incentives to community college 

21 students to transfer to participating institutions 

22 through strong transfer pathways to complete a 

23 bachelor’s degree program; and 

24 ‘‘(3) support participating institutions to better 

25 serve new and existing students by engaging in reVerDate Sep 11 2014 22:32 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S2250.IS S2250

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1 forms and innovations designed to improve comple2 tion rates and other student outcomes. 

3 ‘‘(b) INSTITUTIONAL ELIGIBILITY.—To be eligible to 

4 participate and receive a grant under this section, an insti5 tution shall be a minority-serving institution that— 

6 ‘‘(1) has a student body of which not less than 

7 35 percent are low-income students; 

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

9 implementing promising and evidence-based institu10 tional reforms and innovative practices to improve 

11 the completion rates and other student outcomes, 

12 such as— 

13 ‘‘(A) providing comprehensive academic 

14 and student support services, including men15 toring and advising, especially for low-income, 

16 first-generation, adult, and other underrep17 resented students; 

18 ‘‘(B) providing direct support services such 

19 as— 

20 ‘‘(i) childcare, transportation, emer21 gency financial assistance, and mental 

22 health and substance use disorder treat23 ment; 

24 ‘‘(ii) assistance in obtaining health in25 surance coverage; 


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1 ‘‘(iii) assistance securing affordable 

2 housing; 

3 ‘‘(iv) efforts to address food insecurity 

4 and campus hunger; and 

5 ‘‘(v) efforts to facilitate student par6 ticipation in means-tested Federal benefit 

7 programs (as defined in section 479(d)); 

8 ‘‘(C) providing accelerated learning oppor9 tunities and degree pathways, such as dual en10 rollment and pathways to graduate and profes11 sional degree programs; 

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

13 not-for-profit associations, and other groups to 

14 provide opportunities to advance learning out15 side the classroom, including work-based learn16 ing opportunities such as internships or appren17 ticeships or programs designed to improve 

18 inter-cultural development and personal growth, 

19 such as foreign exchange and study abroad pro20 grams; 

21 ‘‘(E) strengthening remedial education, es22 pecially for low-income students, first genera23 tion college students, adult students, and other 

24 underrepresented students; and 


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1 ‘‘(F) implementing course redesigns of 

2 high-enrollment courses to improve student out3 comes and reduce cost; 

4 ‘‘(3) sets performance goals for improving stu5 dent outcomes for the duration of the grant; and 

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

7 has articulation agreements with community colleges 

8 at the national, State, or local levels to ensure that 

9 community college credits can fully transfer to the 

10 participating institution. 

11 ‘‘(c) GRANT AMOUNT.— 

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

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

15 (3), such participating eligible institution shall re16 ceive a grant in an amount based on the product 

17 of— 

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

19 the eligible institution in such year (referred to 

20 in this section as the per-student rebate); and 

21 ‘‘(B) the number of eligible students en22 rolled in the eligible institution for the pre23 ceding year. 

24 ‘‘(2) SUBSEQUENT INCREASES.—For each suc25 ceeding year after the first year of the grant proVerDate Sep 11 2014 22:32 Aug 02, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2250.IS S2250

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1 gram under this section, each participating eligible 

2 institution shall receive a grant in the amount deter3 mined under paragraph (1) for such year, except 

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

5 rebate increase by more than 3 percent as compared 

6 to the amount of such 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 section shall receive a per11 student rebate amount for a grant year greater 

12 than the national average of public four-year in13 stitutional tuition and fees, as determined by 

14 the Secretary. 

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

16 During the first year of participation in the 

17 grant program under this section, no eligible in18 stitution may increase tuition and fees at a rate 

19 greater than any annual increase made by the 

20 institution in the previous 5 years. 

21 ‘‘(d) APPLICATION.—An eligible institution shall sub22 mit an application to the Secretary at such time, in such 

23 a manner, and containing such information as determined 

24 by the Secretary. 


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1 ‘‘(e) USE OF FUNDS.—Funds awarded under this 

2 section to a participating eligible institution shall be used 

3 to waive or significantly reduce tuition and fees for eligible 

4 students in an amount of not more than up to the annual 

5 per-student rebate amount for each student, for not more 

6 than the first 60 credits an eligible student enrolls in the 

7 participating eligible institution. 

8 ‘‘SEC. 499K. DEFINITIONS. 

9 ‘‘In this subpart: 

10 ‘‘(1) ELIGIBLE STUDENT.— 

11 ‘‘(A) DEFINITION.—The term ‘eligible stu12 dent’ means a student, regardless of age, who— 

13 ‘‘(i)(I) enrolls in a historically black 

14 college or university, Tribal College or Uni15 versity, or minority-serving institution; or 

16 ‘‘(II) transfers from a community col17 lege into a historically black college or uni18 versity, Tribal College or University, or mi19 nority-serving institution; 

20 ‘‘(ii) attends the historically black col21 lege or university, Tribal College or Uni22 versity, or minority-serving institution, on 

23 at least a half-time basis; 

24 ‘‘(iii) maintains satisfactory academic 

25 progress; and 


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1 ‘‘(iv) is a low-income student. 

2 ‘‘(B) SPECIAL RULES.— 

3 ‘‘(i) FIRST 3 YEARS.—An otherwise el4 igible student shall lose eligibility 3 cal5 endar years after first receiving benefits 

6 under this title. 

7 ‘‘(ii) SPECIAL RULE FOR CERTAIN

8 STUDENTS.—Notwithstanding subpara9 graph (A)(i), an otherwise eligible student 

10 whose parent or guardian was denied a 

11 Federal Direct PLUS loan under part D 

12 after November 1, 2011, and before March 

13 29, 2015, and who subsequently withdrew 

14 from a historically black college or univer15 sity, Tribal College or University, or mi16 nority-serving institution, and has not yet 

17 completed a program of study at such his18 torically black college or university or mi19 nority-serving institution, shall be eligible 

20 to participate under sections 499H, 499I, 

21 or 499J in order to complete such program 

22 of study, subject to all other requirements 

23 of sections 499H, 499I, or 499J (as the 

24 case may be). 


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1 ‘‘(2) 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 ‘‘(3) LOW-INCOME STUDENT.—The term ‘low6 income student’— 

7 ‘‘(A) shall include any student eligible for 

8 a Federal Pell Grant under section 401; and 

9 ‘‘(B) may include a student ineligible for a 

10 Federal Pell Grant under section 401 who is 

11 determined by the institution to be a low-in12 come student based on an analysis of the stu13 dent’s ability to afford the cost of attendance at 

14 the institution. 

15 ‘‘(4) MINORITY-SERVING INSTITUTION.—The 

16 term ‘minority-serving institution’ means any public 

17 or nonprofit institution of higher education— 

18 ‘‘(A) described in paragraph (2), (4), (5), 

19 (6), or (7) of section 371(a); and 

20 ‘‘(B) designated as a minority-serving in21 stitution by the Secretary. 

22 ‘‘(5) TRIBAL COLLEGE OR UNIVERSITY.—The 

23 term ‘Tribal College or University’ has the meaning 

24 given the term in section 316. 


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1 ‘‘SEC. 499L. APPROPRIATIONS. 

2 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS FOR

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

4 carrying out sections 499H, 499I, and 499J there are au5 thorized to be appropriated, and there are appropriated— 

6 ‘‘(1) $63,250,000 for fiscal year 2020; 

7 ‘‘(2) $206,990,000 for fiscal year 2021; 

8 ‘‘(3) $1,232,760,000 for fiscal year 2022; 

9 ‘‘(4) $1,282,210,000 for fiscal year 2023; 

10 ‘‘(5) $1,333,950,000 for fiscal year 2024; 

11 ‘‘(6) $1,386,850,000 for fiscal year 2025; 

12 ‘‘(7) $1,408,700,000 for fiscal year 2026; 

13 ‘‘(8) $1,501,850,000 for fiscal year 2027; 

14 ‘‘(9) $1,562,800,000 for fiscal year 2028; and 

15 ‘‘(10) $1,626,040,000 for fiscal year 2029 and 

16 each succeeding fiscal year. 

17 ‘‘(b) AVAILABILITY.—Funds appropriated under sub18 section (a) are to remain available to the Secretary until 

19 expended. 

20 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro21 priated under subsection (a) for a fiscal year is not suffi22 cient to award each participating institution in the grant 

23 programs under sections 499H, 499I, and 499J a grant 

24 under this part equal to 100 percent of the grant amount 

25 determined under section 499H(c), 499I(c), or 499J(c), 

26 as appropriate, the Secretary may ratably reduce the 


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1 amount of each such grant or take other actions necessary 

2 to ensure an equitable distribution of such amount.’’. 

Æ 


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