I 

117TH CONGRESS 

1ST SESSION H. R. 2730 

To amend the Higher Education Act of 1965 to ensure College for All. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2021 

Ms. JAYAPAL (for herself, Mr. BLUMENAUER, Ms. LEE of California, Mr. 

GARCI ́A of Illinois, Mr. KHANNA, Mrs. CAROLYN B. MALONEY of New 

York, Mr. MCNERNEY, Mrs. NAPOLITANO, Ms. NORTON, Mr. WELCH, 

Mr. ESPAILLAT, Ms. OMAR, Mr. POCAN, Ms. OCASIO-CORTEZ, Ms. 

TLAIB, Mr. TAKANO, Mr. JONES, Mr. BOWMAN, Ms. WILLIAMS of Georgia, Ms. BUSH, Mr. SWALWELL, Ms. PINGREE, Mr. THOMPSON of Mississippi, Mr. TORRES of New York, Ms. CLARKE of New York, Mr. 

VARGAS, Mrs. WATSON COLEMAN, Ms. SCHAKOWSKY, Mr. GOMEZ, Mr. 

RASKIN, Mr. JOHNSON of Georgia, Ms. MENG, Ms. CHU, Mr. GRIJALVA, 

and Ms. PRESSLEY) introduced the following bill; which was referred to 

the Committee on Education and Labor, and in addition to the Committees on the Budget, and Ways and Means, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Higher Education Act of 1965 to ensure 

College for All. 

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 ‘‘College for All Act 

5 of 2021’’. 


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1 TITLE I—FEDERAL-STATE PART2 NERSHIP TO ELIMINATE TUI3 TION AND REQUIRED FEES 

4 SEC. 101. FEDERAL-STATE PARTNERSHIP TO ELIMINATE 

5 TUITION AND REQUIRED FEES. 

6 The Higher Education Act of 1965 (20 U.S.C. 1001 

7 et seq.) is amended by adding at the end the following: 

8 ‘‘TITLE IX—FEDERAL-STATE 

9 PARTNERSHIP TO ELIMINATE 

10 TUITION AND REQUIRED 

11 FEES 

12 ‘‘SEC. 901. GRANT PROGRAM TO ELIMINATE TUITION AND 

13 REQUIRED FEES AT PUBLIC INSTITUTIONS 

14 OF HIGHER EDUCATION AND TRIBAL COL15 LEGES AND UNIVERSITIES. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) AWARD YEAR.—The term ‘award year’ has 

18 the meaning given the term in section 481(a). 

19 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com20 munity college’ means— 

21 ‘‘(A) a public institution of higher edu22 cation at which the credential that is predomi23 nantly awarded to students is at the sub-bacca24 laureate level; or 


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1 ‘‘(B) a public postsecondary vocational in2 stitution, as defined under section 102(c). 

3 ‘‘(3) COST OF ATTENDANCE.—The term ‘cost of 

4 attendance’ has the meaning given the term in sec5 tion 472. 

6 ‘‘(4) DUAL OR CONCURRENT ENROLLMENT

7 PROGRAM.—The term ‘dual or concurrent enrollment 

8 program’ has the meaning given the term in section 

9 8101 of the Elementary and Secondary Education 

10 Act of 1965. 

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

12 term ‘early college high school’ has the meaning 

13 given the term in section 8101 of the Elementary 

14 and Secondary Education Act of 1965. 

15 ‘‘(6) ELIGIBLE INDIAN ENTITY.—The term ‘eli16 gible Indian entity’ means the entity responsible for 

17 the governance, operation, or control of a Tribal Col18 lege or University. 

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

20 student’ means an individual, regardless of age, who 

21 has not obtained a baccalaureate degree or higher 

22 degree and— 

23 ‘‘(A) is enrolled, or plans to enroll, in a 

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1 dividual is a resident or in a 2-year Tribal Col2 lege or University; or 

3 ‘‘(B) is a working class or middle class stu4 dent, as described in subsection (d)(3), who is 

5 enrolled or plans to enroll in a 4-year public in6 stitution of higher education in the State in 

7 which the individual is a resident or in a 4-year 

8 Tribal College or University. 

9 ‘‘(8) FULL-TIME EQUIVALENT ELIGIBLE STU10 DENTS.—The term ‘full-time equivalent eligible stu11 dents’, when used with respect to an institution of 

12 higher education, has the meaning given the term 

13 ‘full-time equivalent students’, except that the cal14 culation shall be made based on the number of eligi15 ble students enrolled at such institution. 

16 ‘‘(9) FULL-TIME EQUIVALENT STUDENTS.—The 

17 term ‘full-time equivalent students’ means the sum 

18 of the number of students enrolled full time at an 

19 institution, plus the full-time equivalent of the num20 ber of students enrolled part time (determined on 

21 the basis of the quotient of the sum of the credit 

22 hours of all part-time students divided by 12) at 

23 such institution. 


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1 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 

2 The term ‘institution of higher education’ has the 

3 meaning given the term in section 101. 

4 ‘‘(11) PUBLIC 4-YEAR INSTITUTION OF HIGHER

5 EDUCATION.—The term ‘public 4-year institution of 

6 higher education’ means a public institution of high7 er education that is not a community college. 

8 ‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The 

9 term ‘Tribal College or University’ has the meaning 

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

11 ‘‘(13) 2-YEAR TRIBAL COLLEGE OR UNIVER12 SITY.—The term ‘2-year Tribal College or Univer13 sity’ means a Tribal College or University at which 

14 the credential that is predominantly awarded to stu15 dents is at the sub-baccalaureate level. 

16 ‘‘(14) 4-YEAR TRIBAL COLLEGE OR UNIVER17 SITY.—The term ‘4-year Tribal College or Univer18 sity’ means a Tribal College or University that is not 

19 a 2-year Tribal College or University. 

20 ‘‘(b) PROGRAM AUTHORIZED.— 

21 ‘‘(1) GRANTS AUTHORIZED.—From amounts 

22 appropriated under subsection (g), the Secretary 

23 shall award grants, from allotments under sub24 section (c), to States and eligible Indian entities havVerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2730.IH H2730

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1 ing applications approved under subsection (e), to 

2 enable the States and eligible Indian entities— 

3 ‘‘(A) to eliminate tuition and required fees 

4 for all eligible students at community colleges 

5 in the State or at 2-year Tribal Colleges and 

6 Universities of the eligible Indian entity; and 

7 ‘‘(B) to eliminate tuition and required fees 

8 for working class and middle class eligible stu9 dents, as described in subsection (d)(3), at pub10 lic 4-year institutions of higher education in the 

11 State or 4-year Tribal Colleges and Universities 

12 of the eligible Indian entity. 

13 ‘‘(2) NON-FEDERAL SHARE REQUIREMENT.— 

14 ‘‘(A) IN GENERAL.—Except as provided in 

15 subparagraphs (B) and (C), each State or eligi16 ble Indian entity that receives a grant under 

17 this section shall provide a non-Federal share of 

18 funds for an award year from non-Federal 

19 sources in an amount that is equal to 25 per20 cent of the amount required to eliminate tuition 

21 and required fees— 

22 ‘‘(i) in the case of a State, at commu23 nity colleges in the State for all eligible 

24 students and at public 4-year institutions 

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1 ing class and middle class eligible students, 

2 as described in subsection (d)(3), for the 

3 award year; and 

4 ‘‘(ii) in the case of an eligible Indian 

5 entity, at 2-year Tribal Colleges and Uni6 versities of the eligible Indian entity for all 

7 eligible students and at 4-year Tribal Col8 leges and Universities of the eligible Indian 

9 entity for working class and middle class 

10 eligible students, as described in subsection 

11 (d)(3), for the award year. 

12 ‘‘(B) NON-FEDERAL SHARE REQUIREMENT

13 FOR CERTAIN ELIGIBLE INDIAN ENTITIES.— 

14 ‘‘(i) IN GENERAL.—In the case of an 

15 eligible Indian entity that receives a grant 

16 under this section for an award year for 

17 which not less than 75 percent of the stu18 dents enrolled in the 2-year Tribal Colleges 

19 and Universities and 4-year Tribal Colleges 

20 and Universities of the eligible Indian enti21 ty are low-income students, such eligible 

22 Indian entity shall provide a non-Federal 

23 share of funds from non-Federal sources in 

24 an amount that is equal to not more than 

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1 nate tuition and required fees at 2-year 

2 Tribal Colleges and Universities of the eli3 gible Indian entity for all eligible students 

4 and at 4-year Tribal Colleges and Univer5 sities of the eligible Indian entity for work6 ing class and middle class eligible students, 

7 as described in subsection (d)(3), for the 

8 award year. 

9 ‘‘(ii) LOW-INCOME STUDENT.—In this 

10 subparagraph, the term ‘low-income stu11 dent’ has the meaning given such term by 

12 the Secretary, except that such term shall 

13 not exclude any student eligible for a Fed14 eral Pell Grant under section 401. 

15 ‘‘(iii) DATA.—In calculating the num16 ber of enrolled students and low-income 

17 students for purposes of clause (i), the 

18 Secretary shall use— 

19 ‘‘(I) for the first award year of 

20 the program under this section, the 

21 number of students enrolled in award 

22 year 2019–2020; and 

23 ‘‘(II) for each subsequent award 

24 year, the projected student enrollment 


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1 numbers for the award year for which 

2 the allotment is made. 

3 ‘‘(C) AUTOMATIC STABILIZER.— 

4 ‘‘(i) IN GENERAL.—Notwithstanding 

5 subparagraph (A) and subsection (c)(1), in 

6 the case in which a trigger is turned on— 

7 ‘‘(I) under clause (ii) with re8 spect to a State, the Secretary shall— 

9 ‘‘(aa) apply subparagraph 

10 (A), by substituting ‘10 percent’ 

11 for ‘25 percent’; and 

12 ‘‘(bb) apply subsection 

13 (c)(1), by substituting ‘90 per14 cent’ for ‘75 percent’; and 

15 ‘‘(II) under clause (iii) with re16 spect to an eligible Indian entity, the 

17 Secretary shall— 

18 ‘‘(aa) in the case in which 

19 subparagraph (B) is not applica20 ble— 

21 ‘‘(AA) apply subpara22 graph (A), by substituting 

23 ‘10 percent’ for ‘25 percent’; 

24 and 


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1 ‘‘(BB) apply subsection 

2 (c)(1), by substituting ‘90 

3 percent’ for ‘75 percent’; or 

4 ‘‘(bb) in the case in which 

5 subparagraph (B) is applicable— 

6 ‘‘(AA) apply subpara7 graph (B)(i), by substituting 

8 ‘3 percent’ for ‘5 percent’; 

9 and 

10 ‘‘(BB) apply subsection 

11 (c)(1), by substituting ‘97 

12 percent’ for ‘95 percent’. 

13 ‘‘(ii) TRIGGER FOR STATES.—A trig14 ger shall be turned on under this clause 

15 with respect to a State if— 

16 ‘‘(I) the 3-month moving average 

17 of the national prime-age employment18 to-population ratio (PAEPOP) is less 

19 than 98 percent of the maximum in 

20 the previous 12 months, and such 

21 trigger shall stay on until the 3-month 

22 moving average of the national 

23 PAEPOP has improved for three con24 secutive months and is above 95 per25 cent of the maximum in the 12 


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1 months before the trigger was turned 

2 on; 

3 ‘‘(II) the 3-month moving aver4 age of the total unemployment rate 

5 (TUR) of the State is at or above 7.5 

6 percent, and such trigger shall stay on 

7 until the 3-month moving average of 

8 the TUR of the State falls below 7.5 

9 percent.; or 

10 ‘‘(III) the 3-month moving aver11 age of the total unemployment rate 

12 (TUR) of the State is at or above 108 

13 percent of the maximum in the pre14 vious 12 months, and such trigger 

15 shall stay on until the 3-month mov16 ing average of the TUR of the State 

17 falls below 115 percent of the max18 imum in the 12 months before the 

19 trigger was turned on. 

20 ‘‘(iii) TRIGGER FOR ELIGIBLE INDIAN

21 ENTITY.—A trigger shall be turned on 

22 under this clause with respect to an eligible 

23 Indian entity if any Tribal College or Uni24 versity governed, operated, or controlled by 

25 the eligible Indian entity is located in a 


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1 State for which a trigger is turned on 

2 under clause (ii). 

3 ‘‘(iv) INCLUSION OF DETERMINATION

4 IN EMPLOYMENT STATISTICS REPORTS.— 

5 Notwithstanding any other provision of 

6 law, the Commissioner of the Bureau of 

7 Labor Statistics shall include in each 

8 monthly employment situation report and 

9 each State unemployment and employment 

10 report published by the Commissioner a 

11 specific determination of whether any 

12 State or national trigger is turned on 

13 under this subparagraph. 

14 ‘‘(3) NO IN-KIND CONTRIBUTIONS.—No in-kind 

15 contribution shall count toward the non-Federal 

16 share requirement under paragraph (2). 

17 ‘‘(4) SUSTAIN AND EXPAND EXISTING PRO18 GRAMS.—The Secretary shall encourage States to 

19 sustain and expand tuition-free ‘College Promise’ 

20 programs that are in existence on the date of enact21 ment of the College for All Act of 2021, especially 

22 for programs that cover the ‘last dollar’ of tuition 

23 and fees after exhausting Federal and State aid . 

24 ‘‘(c) DETERMINATION OF ALLOTMENT.— 


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1 ‘‘(1) FIRST AWARD YEAR OF PROGRAM.—The 

2 Secretary shall allot, to each eligible State or eligible 

3 Indian entity that submits an application under this 

4 section for a grant under subsection (b)(1) for the 

5 first award year of the program under this section, 

6 an amount that is equal to 75 percent (or not less 

7 than 95 percent in the case of an eligible Indian en8 tity described in subsection (b)(2)(B)) of the total 

9 revenue received— 

10 ‘‘(A) in the case of a State, from all eligi11 ble students at community colleges in the State 

12 and from working class and middle class eligible 

13 students, as described in subsection (d)(3), at 

14 public 4-year institutions of higher education in 

15 the State in the form of tuition and required 

16 fees for— 

17 ‘‘(i) with respect to a State that did 

18 not eliminate tuition and required fees as 

19 described in paragraphs (2) and (3) of 

20 subsection (d) for the preceding award 

21 year, award year 2019–2020; or 

22 ‘‘(ii) with respect to a State that has 

23 eliminated tuition and required fees as de24 scribed in such paragraphs, the last award 


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1 year that the State charged tuition and re2 quired fees; and 

3 ‘‘(B) in the case of an eligible Indian enti4 ty, from all eligible students at 2-year Tribal 

5 Colleges and Universities of the eligible Indian 

6 entity and from working class and middle class 

7 eligible students, as described in subsection 

8 (d)(3), at 4-year Tribal Colleges and Univer9 sities of the eligible Indian entity, in the form 

10 of tuition and required fees for— 

11 ‘‘(i) with respect to an eligible Indian 

12 entity that did not eliminate tuition and 

13 required fees as described in paragraphs 

14 (2) and (3) of subsection (d) for the pre15 ceding award year, award year 2019–2020; 

16 or 

17 ‘‘(ii) with respect to an eligible Indian 

18 entity that has eliminated tuition and re19 quired fees as described in such para20 graphs, the last award year for which the 

21 eligible Indian entity charged tuition and 

22 required fees. 

23 ‘‘(2) FIRST AWARD YEAR ALLOTMENT FOR

24 STATES AND ELIGIBLE INDIAN ENTITIES APPLYING

25 AFTER THE FIRST YEAR OF THE PROGRAM.— 


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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 allot to each eligible State or eligible Indian en3 tity that submits its first application for a 

4 grant under subsection (b)(1) for the second or 

5 a subsequent year of the program under this 

6 section, an amount equal to— 

7 ‘‘(i) the product of— 

8 ‘‘(I) the allotment the eligible 

9 State or eligible Indian entity would 

10 have received in the first award year 

11 of the program under this section if 

12 the State or eligible Indian entity had 

13 submitted an application for such 

14 year; 

15 ‘‘(II) the projected full-time 

16 equivalent eligible students figure for 

17 all community colleges and public 4- 

18 year institutions of higher education 

19 of the eligible State, or all 2-year 

20 Tribal Colleges and Universities and 

21 4-year Tribal Colleges and Univer22 sities of the eligible Indian entity, for 

23 the award year for which the allot24 ment is made; and 


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1 ‘‘(III) the amount of additional 

2 expenditures per full-time equivalent 

3 eligible student by the eligible State or 

4 eligible Indian entity that will be nec5 essary to eliminate tuition and re6 quired fees for each such student for 

7 the award year for which the allot8 ment is made; divided by 

9 ‘‘(ii) the product of— 

10 ‘‘(I) the full-time equivalent eligi11 ble students figure for all community 

12 colleges and public 4-year institutions 

13 of higher education of the eligible 

14 State, or all 2-year Tribal Colleges 

15 and Universities and 4-year Tribal 

16 Colleges and Universities of the eligi17 ble Indian entity, for the first award 

18 year of the program for which the eli19 gible State or eligible Indian entity 

20 was eligible to submit an application 

21 under this section; and 

22 ‘‘(II) the amount of expenditures 

23 per full-time equivalent eligible stu24 dent by the eligible State or eligible 

25 Indian entity that would have been 


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1 necessary to eliminate tuition and re2 quired fees for each such student for 

3 the first award year of the program 

4 for which the eligible State or eligible 

5 Indian entity was eligible to submit an 

6 application under this section. 

7 ‘‘(B) PROJECTED ENROLLMENT.—If the 

8 projected full-time equivalent eligible students 

9 figure of the State or eligible Indian entity 

10 under subparagraph (A) is more than 25 per11 cent larger than the full-time equivalent eligible 

12 students figure for the preceding year, the Sec13 retary may challenge such enrollment projection 

14 and offer an alternative enrollment projection 

15 which shall be used in the formula under sub16 paragraph (A) for determining the allotment. 

17 ‘‘(3) SUBSEQUENT AWARD YEARS.— 

18 ‘‘(A) IN GENERAL.—The Secretary shall 

19 allot to an eligible State or eligible Indian entity 

20 submitting an application for a grant under 

21 subsection (b)(1) for a second or subsequent 

22 year after receiving a grant under paragraph 

23 (1) or (2), an amount equal to— 

24 ‘‘(i) the product of— 


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1 ‘‘(I) the allotment received for 

2 the first award year for which the eli3 gible State or eligible Indian entity 

4 submitted an application; 

5 ‘‘(II) the projected full-time 

6 equivalent eligible students figure for 

7 all community colleges and public 4- 

8 year institutions of higher education 

9 of the eligible State, or all 2-year 

10 Tribal Colleges and Universities and 

11 4-year Tribal Colleges and Univer12 sities of the eligible Indian entity, for 

13 the award year for which the allot14 ment is made; and 

15 ‘‘(III) the amount of additional 

16 expenditures per full-time equivalent 

17 eligible student by the eligible State or 

18 eligible Indian entity that will be nec19 essary to eliminate tuition and re20 quired fees for each such student for 

21 the award year for which the allot22 ment is made; divided by 

23 ‘‘(ii) the product of— 

24 ‘‘(I) the full-time equivalent eligi25 ble student figure for all community 


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1 colleges and public 4-year institutions 

2 of higher education of the eligible 

3 State, or all 2-year Tribal Colleges 

4 and Universities and 4-year Tribal 

5 Colleges and Universities of the eligi6 ble Indian entity, for the first award 

7 year that the State or eligible Indian 

8 entity participates under paragraph 

9 (1) or (2), as the case may be; and 

10 ‘‘(II) the amount of expenditures 

11 per full-time equivalent eligible stu12 dent by the eligible State or eligible 

13 Indian entity that was necessary to 

14 eliminate tuition and required fees for 

15 each such student for the first award 

16 year that the State or eligible Indian 

17 entity participates under paragraph 

18 (1) or (2), as the case may be. 

19 ‘‘(B) PROJECTED ENROLLMENT.—If the 

20 projected full-time equivalent eligible students 

21 figure of the State or eligible Indian entity 

22 under subparagraph (A) is more than 25 per23 cent larger than the full-time equivalent eligible 

24 students figure for the preceding year, the Sec25 retary may challenge such enrollment projection 


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1 and offer an alternative enrollment projection 

2 which shall be used in the formula under sub3 paragraph (A) for determining the allotment. 

4 ‘‘(4) ACTUAL ENROLLMENT FIGURES.— 

5 ‘‘(A) IN GENERAL.—By not later than No6 vember 1 of the second award year for which a 

7 State or eligible Indian entity receives an allot8 ment under this section, and each succeeding 

9 November 1, such State or eligible Indian entity 

10 shall report to the Secretary its actual full-time 

11 equivalent eligible students figure for the pre12 ceding award year. 

13 ‘‘(B) ADJUSTMENTS.—If the actual full14 time equivalent eligible students figure for the 

15 preceding award year reported under subpara16 graph (A)— 

17 ‘‘(i) exceeds the projected enrollment 

18 that was used for determining the allot19 ment for the preceding award year, not20 withstanding any other provision of this 

21 section, the allotment for the award year in 

22 which the November 1 date falls for the 

23 State or eligible Indian entity shall be in24 creased to reflect such actual enrollment, 

25 which figure shall be increased by the 


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1 State Gross Domestic Product Price Index, 

2 or the Gross Domestic Product Price Index 

3 of the State in which the eligible Indian 

4 entity operates; or 

5 ‘‘(ii) is below the projected enrollment 

6 that was used for determining the allot7 ment for the preceding award year, not8 withstanding any other provision of this 

9 section, the allotment for the award year in 

10 which the November 1 date falls for the 

11 State or eligible Indian entity shall be de12 creased to reflect such actual enrollment, 

13 which figure shall be increased by the aver14 age interest rate on 5-year United States 

15 Treasury securities issued during the pre16 ceding award year. 

17 ‘‘(5) ADDITIONAL FUNDS.—If a State or eligi18 ble Indian entity provides additional funds toward 

19 reducing the cost of attendance and improving in20 struction at institutions of higher education beyond 

21 the cost of eliminating tuition and required fees as 

22 described in paragraphs (2) and (3) of subsection 

23 (d) for any award year that is more than the non24 Federal share requirement under subsection (b)(2) 

25 and the maintenance of expenditures requirement 


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1 under paragraphs (4) and (5) of subsection (d), the 

2 Secretary shall provide to the State or eligible In3 dian entity an amount equal to such additional fund4 ing provided by the State or eligible Indian entity, 

5 which amount provided by the Secretary may be 

6 used for the activities described in subsection (f)(2). 

7 ‘‘(d) STATE AND ELIGIBLE INDIAN ENTITY ELIGI8 BILITY REQUIREMENTS.—In order to be eligible to receive 

9 an allotment under this section for an award year, a State 

10 or eligible Indian entity shall comply with the following: 

11 ‘‘(1) Ensure that public institutions of higher 

12 education in the State or Tribal Colleges and Uni13 versities of the eligible Indian entity maintain ex14 penditures on instruction per full-time equivalent 

15 student at levels that are equal to or exceed the ex16 penditures on instruction per full-time equivalent 

17 student for award year 2019–2020. 

18 ‘‘(2) Ensure that tuition and required fees for 

19 eligible students in the State’s community college 

20 system or eligible students in the 2-year Tribal Col21 leges and Universities of the eligible Indian entity 

22 are eliminated. 

23 ‘‘(3)(A) Ensure that tuition and required fees 

24 for eligible students attending the State’s public 4- 

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1 dents attending the 4-year Tribal Colleges and Uni2 versities of the eligible Indian entity are eliminated 

3 as follows: 

4 ‘‘(i) For the first award year of the pro5 gram under this section, the State or eligible 

6 Indian entity shall eliminate tuition and re7 quired fees for such students— 

8 ‘‘(I) who are dependent students, 

9 whose parents’ adjusted gross income for 

10 the taxable year that is 1 year prior to the 

11 taxable year that ends immediately prior to 

12 the beginning of the award year is equal to 

13 or less than $125,000; and 

14 ‘‘(II) who are independent students, 

15 whose adjusted gross income for the tax16 able year that is 1 year prior to the taxable 

17 year that ends immediately prior to the be18 ginning of the award year is equal to or 

19 less than $125,000. 

20 ‘‘(ii) For each award year after the first 

21 award year of the program under this section, 

22 the State or eligible Indian entity shall elimi23 nate tuition and required fees for such stu24 dents— 


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1 ‘‘(I) who are dependent students, 

2 whose parents’ adjusted gross income for 

3 the taxable year that is 1 year prior to the 

4 taxable year that ends immediately prior to 

5 the beginning of the award year is equal to 

6 or less than the applicable amount; and 

7 ‘‘(II) who are independent students, 

8 whose adjusted gross income for the tax9 able year that is 1 year prior to the taxable 

10 year that ends immediately prior to the be11 ginning of the award year is equal to or 

12 less than the applicable amount. 

13 ‘‘(B)(i) In this paragraph, the term ‘applicable 

14 amount’ means an amount equal to, for any award 

15 year beginning after the calendar year that precedes 

16 the calendar year in which the first award year of 

17 the program under this section begins, the greater 

18 of— 

19 ‘‘(I) the amount determined under this 

20 subparagraph for the preceding award year, or 

21 ‘‘(II) an amount equal to the product of— 

22 ‘‘(aa) $125,000, and 

23 ‘‘(bb) the ratio of— 

24 ‘‘(AA) the national average wage 

25 index (as defined in section 209(k)(1) 


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1 of the Social Security Act (42 U.S.C. 

2 409(k)(1))) for the calendar year pre3 ceding the calendar year in which the 

4 applicable award year begins, to 

5 ‘‘(BB) the national average wage 

6 index (as so defined) for 2020. 

7 ‘‘(ii) If any amount determined under clause (i) 

8 is not a multiple of $100, such amount shall be 

9 rounded to the nearest multiple of $100. 

10 ‘‘(4) Maintain State operating expenditures per 

11 full-time equivalent student for public institutions of 

12 higher education in the State, or operating expendi13 tures per full-time equivalent student for Tribal Col14 leges and Universities of the eligible Indian entity, 

15 excluding the amount of funds provided under this 

16 section, at a level that is equal to or exceeds the 

17 level of such support for award year 2019–2020. 

18 ‘‘(5) Maintain State expenditures on need-based 

19 financial aid programs for enrollment in public insti20 tutions of higher education in the State or expendi21 tures on need-based financial aid programs for en22 rollment in Tribal Colleges and Universities of the 

23 eligible Indian entity at a level that is equal to or 

24 exceeds the level of such support for award year 

25 2019–2020. 


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1 ‘‘(6) Ensure public institutions of higher edu2 cation in the State or Tribal Colleges and Univer3 sities of the eligible Indian entity maintain funding 

4 for institutional need-based student financial aid in 

5 an amount that is equal to or exceeds the level of 

6 such support for award year 2019–2020. 

7 ‘‘(7) Provide an assurance that not later than 

8 5 years after the first award year for which the 

9 grant is awarded, not less than 75 percent of in10 struction at public institutions of higher education in 

11 the State or Tribal Colleges and Universities of the 

12 eligible Indian entity is provided by tenure-track or 

13 tenured faculty. 

14 ‘‘(8) Provide an assurance that public institu15 tions of higher education in the State or Tribal Col16 leges and Universities of the eligible Indian entity 

17 make it a priority to hire from the existing adjunct, 

18 contract, contingent, and non-tenure track or 

19 tenured faculty pool for tenure-track or tenured fac20 ulty positions. 

21 ‘‘(9) Require that public institutions of higher 

22 education in the State or Tribal Colleges and Uni23 versities of the eligible Indian entity provide, for 

24 each student enrolled at the institution who receives 

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1 part 1 of part A of title IV, institutional student fi2 nancial aid (excluding student loans) in an amount 

3 equal to 100 percent of the difference between— 

4 ‘‘(A) the cost of attendance at such institu5 tion; and 

6 ‘‘(B) the sum of— 

7 ‘‘(i) the amount of the maximum Fed8 eral Pell Grant award; and 

9 ‘‘(ii) the student’s expected family 

10 contribution. 

11 ‘‘(10) Ensure that public institutions of higher 

12 education in the State or Tribal Colleges and Uni13 versities of the eligible Indian entity not adopt poli14 cies to reduce enrollment. 

15 ‘‘(11) Provide an assurance that public institu16 tions of higher education in the State or Tribal Col17 leges and Universities of the eligible Indian entity 

18 will not charge out of State students an amount that 

19 exceeds the marginal cost of attending institutions of 

20 higher education in the State or Tribal Colleges and 

21 Universities of the eligible Indian entity. 

22 ‘‘(12) Provide an assurance that public institu23 tions of higher education in the State or Tribal Col24 leges and Universities of the eligible Indian entity 

25 that charge non-eligible in-State students tuition and 


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1 required fees, will not charge such students a rate 

2 that exceeds the rate for the last year that tuition 

3 and required fees were charged to eligible students, 

4 increased by the percentage change for subsequent 

5 years in the expenditures per full-time equivalent eli6 gible student by the State or eligible entity that is 

7 necessary to continue to eliminate tuition and re8 quired fees for eligible students. 

9 ‘‘(13) Provide an assurance that public institu10 tions of higher education in the State or Tribal Col11 leges and Universities of the eligible Indian entity 

12 maintain a disability services personnel to enrolled 

13 student ratio of 1 to 500, and that such full-time 

14 employees be specifically dedicated to serving stu15 dents with disabilities. 

16 ‘‘(e) SUBMISSION AND CONTENTS OF APPLICA17 TION.—For each award year for which a State or eligible 

18 Indian entity desires a grant under this section, an appli19 cation shall be submitted to the Secretary at such time, 

20 in such manner, and containing such information as the 

21 Secretary may require. Such application shall be sub22 mitted by— 

23 ‘‘(1) in the case of a State, the State agency 

24 with jurisdiction over higher education or another 

25 agency designated by the Governor or chief executive 


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1 of the State to administer the program under this 

2 section; and 

3 ‘‘(2) in the case of an eligible Indian entity, the 

4 eligible Indian entity or a Tribal College or Univer5 sity of the eligible Indian entity. 

6 ‘‘(f) USE OF FUNDS.— 

7 ‘‘(1) IN GENERAL.—A State or eligible Indian 

8 entity that receives a grant under this section shall 

9 use the grant funds and the non-Federal share 

10 funds required under this section— 

11 ‘‘(A) to eliminate tuition and required fees 

12 for all eligible students at community colleges 

13 in the State or at 2-year Tribal Colleges and 

14 Universities of the eligible Indian entity; and 

15 ‘‘(B) to eliminate tuition and required fees 

16 for working class and middle class eligible stu17 dents, as described in subsection (d)(3), at pub18 lic 4-year institutions of higher education in the 

19 State or 4-year Tribal Colleges and Universities 

20 of the eligible Indian entity. 

21 ‘‘(2) ADDITIONAL FUNDING.—Once tuition and 

22 required fees have been eliminated pursuant to para23 graph (1), a State or eligible Indian entity that re24 ceives a grant under this section shall use any re25 maining grant funds and non-Federal share funds 


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1 required under this section to reduce the cost of at2 tendance and increase the quality of instruction and 

3 student support services at public institutions of 

4 higher education in the State or at Tribal Colleges 

5 and Universities of the eligible Indian entity by car6 rying out any of the following: 

7 ‘‘(A) Providing additional non-loan aid to 

8 students, which may include need-based student 

9 financial aid, to reduce or eliminate the cost of 

10 attendance for a public institution of higher 

11 education or a Tribal College or University be12 yond eliminating tuition and required fees. 

13 ‘‘(B) Expanding academic course offerings 

14 and high-quality occupational skills training 

15 programs to students. 

16 ‘‘(C) Increasing the number and percent17 age of full-time instructional faculty, including 

18 full-time tenure and tenure-track instructional 

19 faculty. 

20 ‘‘(D) Providing all faculty with profes21 sional supports to help students succeed, such 

22 as professional development opportunities, office 

23 space, and shared governance in the institution. 


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1 ‘‘(E) Compensating part-time faculty for 

2 work done outside of the classroom relating to 

3 instruction, such as holding office hours. 

4 ‘‘(F) Strengthening and ensuring all stu5 dents have access to student support services 

6 such as academic advising, counseling, and tu7 toring. 

8 ‘‘(G) Expanding access to dual or concur9 rent enrollment programs and early college high 

10 school programs. 

11 ‘‘(H) Establishing prison education pro12 grams in partnership with local or State correc13 tional facilities. 

14 ‘‘(I) Any other additional activities that 

15 improve instructional quality and academic out16 comes for students as approved by the Sec17 retary through a peer review process. 

18 ‘‘(3) PROHIBITION.—A State or eligible Indian 

19 entity that receives a grant under this section may 

20 not use grant funds or non-Federal share funds re21 quired under this section— 

22 ‘‘(A) for the construction of a nonacademic 

23 facility, such as a student center or stadium; 

24 ‘‘(B) for merit-based student financial aid; 


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1 ‘‘(C) for need-based student financial aid 

2 (except to the extent funds available under sub3 section (c)(5) are used to carry out paragraph 

4 (2)(A)); 

5 ‘‘(D) to pay the salaries or benefits of 

6 school administrators; 

7 ‘‘(E) for capital outlays or deferred main8 tenance; or 

9 ‘‘(F) for expenditures on athletics other 

10 than activities open to all members of the cam11 pus community. 

12 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 

13 ‘‘(1) IN GENERAL.—There are authorized to be 

14 appropriated, and there are appropriated, to carry 

15 out this section— 

16 ‘‘(A) such sums as may be necessary for 

17 the fourth quarter of fiscal year 2021; and 

18 ‘‘(B) such sums as may be necessary for 

19 each of the fiscal years 2022 through 2030. 

20 ‘‘(2) AVAILABILITY OF FUNDS.—Funds made 

21 available pursuant to paragraph (1)(A) shall be 

22 available for obligation from October 1, 2021 to Sep23 tember 30, 2022. Funds made available pursuant to 

24 subparagraph (B) or (C) of paragraph (1) shall be 

25 available for obligation through September 30 of the 


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1 fiscal year succeeding the fiscal year for which such 

2 sums were appropriated. 

3 ‘‘SEC. 902. GRANT PROGRAM FOR PRIVATE HISTORICALLY 

4 BLACK COLLEGES AND UNIVERSITIES AND 

5 PRIVATE MINORITY-SERVING INSTITUTIONS. 

6 ‘‘(a) DEFINITIONS.—Except as otherwise provided, in 

7 this section: 

8 ‘‘(1) COMMUNITY COLLEGE.—The term ‘com9 munity college’ has the meaning given the term in 

10 section 901. 

11 ‘‘(2) ELIGIBLE INSTITUTION.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subparagraph (D), the term ‘eligible institution’ 

14 means a private, nonprofit 2-year institution or 

15 4-year institution that— 

16 ‘‘(i) is— 

17 ‘‘(I) a part B institution (as de18 fined in section 322); 

19 ‘‘(II) a Hispanic-serving institu20 tion (as defined in section 502); 

21 ‘‘(III) a Tribal College or Univer22 sity (as defined in section 316) whose 

23 entity responsible for the governance, 

24 operation, or control of the College or 


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1 University has not received a grant 

2 under section 901; 

3 ‘‘(IV) an Alaska Native-serving 

4 institution or a Native Hawaiian-serv5 ing institution (as defined in section 

6 317(b)); 

7 ‘‘(V) a Predominantly Black in8 stitution (as defined in section 

9 371(c)); 

10 ‘‘(VI) an Asian American and 

11 Native American Pacific Islander12 serving institution (as defined in sec13 tion 371(c)); or 

14 ‘‘(VII) a Native American-serving 

15 nontribal institution (as defined in 

16 section 371(c)); 

17 ‘‘(ii) ensures that tuition and required 

18 fees for eligible students enrolled in the in19 stitution are eliminated during any period 

20 for which the institution receives a grant 

21 under this section; 

22 ‘‘(iii) maintains expenditures on in23 struction per a full-time equivalent eligible 

24 student at levels that meet or exceed the 

25 expenditures on instruction per a full-time 


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1 equivalent eligible student for award year 

2 2019–2020; 

3 ‘‘(iv) maintains expenditures on need4 based financial aid programs for students 

5 enrolled at the institution at a level that 

6 meets or exceeds the level of such support 

7 for award year 2019–2020; 

8 ‘‘(v) provides an assurance that the 

9 institution will increase the amount of in10 struction provided by tenured or tenure11 track faculty; and 

12 ‘‘(vi) does not adopt policies to reduce 

13 enrollment. 

14 ‘‘(B) 2-YEAR INSTITUTION.—The term ‘2- 

15 year institution’ means an institution at which 

16 the credential that is predominantly awarded to 

17 students is at the sub-baccalaureate level. 

18 ‘‘(C) 4-YEAR INSTITUTION.—The term ‘4- 

19 year institution’ means an institution that is 

20 not a 2-year institution. 

21 ‘‘(D) EXCEPTION.— 

22 ‘‘(i) IN GENERAL.—An eligible institu23 tion as described in subparagraph (A) shall 

24 not be an eligible institution for purposes 

25 of this section for the period described in 


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1 clause (ii) if such institution was a for2 profit institution at any time that con3 verted to a nonprofit institution. 

4 ‘‘(ii) PERIOD OF INELIGIBILITY.—An 

5 institution described under clause (i) shall 

6 not be an eligible institution for purposes 

7 of this section for a period of 25 years 

8 from the date the institution converted 

9 from a for-profit institution to a nonprofit 

10 institution or 25 years after the date of en11 actment of this Act, whichever period is 

12 longer. 

13 ‘‘(3) ELIGIBLE STUDENT.— 

14 ‘‘(A) IN GENERAL.—The term ‘eligible stu15 dent’ means a student enrolled in an eligible in16 stitution who has not obtained a baccalaureate 

17 degree or a higher degree and— 

18 ‘‘(i) for the first award year of the 

19 program under this section, if the stu20 dent— 

21 ‘‘(I) is a dependent student, the 

22 student’s parents’ adjusted gross in23 come for the taxable year that is 1 

24 year prior to the taxable year that 

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1 ning of the award year is equal to or 

2 less than $125,000; or 

3 ‘‘(II) is an independent student, 

4 the student’s adjusted gross income 

5 for the taxable year that is 1 year 

6 prior to the taxable year that ends im7 mediately prior to the beginning of 

8 the award year is equal to or less than 

9 $125,000; and 

10 ‘‘(ii) for each award year after the 

11 first award year of the program under this 

12 section, if the student— 

13 ‘‘(I) is a dependent student, the 

14 student’s parents’ adjusted gross in15 come for the taxable year that is 1 

16 year prior to the taxable year that 

17 ends immediately prior to the begin18 ning of the award year is equal to or 

19 less than the applicable amount; and 

20 ‘‘(II) is an independent student, 

21 the student’s adjusted gross income 

22 for the taxable year that is 1 year 

23 prior to the taxable year that ends im24 mediately prior to the beginning of 


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1 the award year is equal to or less than 

2 the applicable amount. 

3 ‘‘(B) APPLICABLE AMOUNT.— 

4 ‘‘(i) IN GENERAL.—In this paragraph, 

5 the term ‘applicable amount’ means an 

6 amount equal to, for any award year be7 ginning after the calendar year that pre8 cedes the calendar year in which the first 

9 award year of the program under this sec10 tion begins, the greater of— 

11 ‘‘(I) the amount determined 

12 under this subparagraph for the pre13 ceding award year, or 

14 ‘‘(II) an amount equal to the 

15 product of— 

16 ‘‘(aa) $125,000, and 

17 ‘‘(bb) the ratio of— 

18 ‘‘(AA) the national av19 erage wage index (as defined 

20 in section 209(k)(1) of the 

21 Social Security Act (42 

22 U.S.C. 409(k)(1))) for the 

23 calendar year preceding the 

24 calendar year in which the 


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1 applicable award year be2 gins, to 

3 ‘‘(BB) the national av4 erage wage index (as so de5 fined) for 2020. 

6 ‘‘(ii) ROUNDED.—If any amount de7 termined under clause (i) is not a multiple 

8 of $100, such amount shall be rounded to 

9 the nearest multiple of $100. 

10 ‘‘(4) FULL-TIME EQUIVALENT ELIGIBLE STU11 DENTS.—The term ‘full-time equivalent eligible stu12 dents’ means the sum of the number of eligible stu13 dents projected to enroll full time at an institution 

14 for an award year, plus the full-time equivalent of 

15 the number of eligible students projected to be en16 rolled part time (determined on the basis of the 

17 quotient of the sum of the credit hours of all part18 time eligible students divided by 12) at such institu19 tion, for such award year. 

20 ‘‘(5) PUBLIC 4-YEAR INSTITUTION OF HIGHER

21 EDUCATION.—The term ‘public 4-year institution of 

22 higher education’ has the meaning given the term in 

23 section 901. 

24 ‘‘(b) AUTHORIZATION OF GRANT PROGRAM.— 


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1 ‘‘(1) IN GENERAL.—From amounts appro2 priated under subsection (e), the Secretary shall 

3 award grants, from allotments under paragraph (2), 

4 to eligible institutions having applications approved 

5 under subsection (c), to enable the eligible institu6 tions to eliminate tuition and required fees for eligi7 ble students. 

8 ‘‘(2) ALLOTMENTS.—Subject to paragraph (3), 

9 the Secretary shall allot, for each award year, to 

10 each eligible institution having an application ap11 proved under subsection (c), an amount that is equal 

12 to the product of— 

13 ‘‘(A) tuition and required fees for eligible 

14 students at the eligible institution for the award 

15 year, and 

16 ‘‘(B) the number of full-time equivalent eli17 gible students projected to enroll in the eligible 

18 institution for the award year. 

19 ‘‘(3) LIMITATIONS.— 

20 ‘‘(A) LIMITATIONS ON INSTITUTIONAL AL21 LOTMENTS.—In making allotments under para22 graph (2) for an award year, the Secretary 

23 shall not award an allotment that is— 

24 ‘‘(i) with respect to an eligible institu25 tion that operates in a State that has 


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1 eliminated tuition and required fees as de2 scribed in paragraphs (2) and (3) of sec3 tion 901(d) for the preceding award year, 

4 more than the amount equal to the product 

5 of— 

6 ‘‘(I) the number of projected full7 time equivalent eligible students for 

8 the award year; and 

9 ‘‘(II) the expenditures per full10 time equivalent eligible student, in11 cluding the Federal allotment and 

12 non-Federal share, under section 901 

13 for the preceding award year for the 

14 State (or, in the case of a State that 

15 did not receive a grant under such 

16 section for the preceding award year, 

17 the amount needed to eliminate tui18 tion and required fees for full-time 

19 equivalent eligible students in the 

20 State, calculated in the same manner 

21 as such amount is calculated under 

22 section 901(c) for the preceding 

23 award year for the State), at— 

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1 munity colleges in the State in 

2 which the institution operates; or 

3 ‘‘(bb) if the eligible institu4 tion is a 4-year institution, public 

5 4-year institutions of higher edu6 cation in the State in which the 

7 institution operates; and 

8 ‘‘(ii) with respect to an eligible insti9 tution that operates in a State that has 

10 not eliminated tuition and required fees as 

11 described in paragraphs (2) and (3) of sec12 tion 901(d) for the preceding award year, 

13 more than the amount equal to the product 

14 of— 

15 ‘‘(I) the number of projected full16 time equivalent eligible students for 

17 the award year; and 

18 ‘‘(II) the average tuition and re19 quired fees for the preceding award 

20 year at— 

21 ‘‘(aa) if the eligible institu22 tion is a 2-year institution, public 

23 2-year institutions of higher edu24 cation in the State in which the 

25 institution operates; or 


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1 ‘‘(bb) if the eligible institu2 tion is a 4-year institution, public 

3 4-year institutions of higher edu4 cation in the State in which the 

5 institution operates. 

6 ‘‘(B) LIMITATIONS ON TUITION HIKES.— 

7 ‘‘(i) FIRST AWARD YEAR.—For the 

8 first award year for which an eligible insti9 tution applies for a grant under this sec10 tion, such eligible institution shall not in11 crease tuition and required fees at a rate 

12 that is greater than any annual increase in 

13 tuition and required fees at the eligible in14 stitution for the 5 years preceding such 

15 first award year. 

16 ‘‘(ii) SUCCEEDING AWARD YEARS.— 

17 ‘‘(I) IN GENERAL.—For each 

18 award year after the first award year 

19 for which an eligible institution re20 ceives a grant under this section, such 

21 eligible institution shall not increase 

22 tuition and required fees for eligible 

23 students from the preceding award 

24 year at a rate that is greater than the 

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1 ment Cost Index for the award year 

2 for which the grant is received, as 

3 compared to the Employment Cost 

4 Index for the award year preceding 

5 the award year for which the grant is 

6 received. 

7 ‘‘(II) EMPLOYMENT COST

8 INDEX.—In this subparagraph, the 

9 term ‘Employment Cost Index’, when 

10 used with respect to an award year, 

11 means the Employment Cost Index 

12 for total compensation for private in13 dustry workers by bargaining status 

14 and census region and division (not 

15 seasonally adjusted) of the division in 

16 which the eligible entity is located, as 

17 provided by the Bureau of Labor Sta18 tistics of the Department of Labor, 

19 that is provided for the December 

20 that immediately precedes the start of 

21 the award year. 

22 ‘‘(4) ACTUAL ENROLLMENT FIGURES.— 

23 ‘‘(A) IN GENERAL.—By not later than No24 vember 1 of the second award year for which an 

25 eligible institution receives a grant under this 


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1 section, such eligible institution shall report to 

2 the Secretary its actual full-time equivalent eli3 gible students figure for the preceding award 

4 year. 

5 ‘‘(B) ADJUSTMENTS.—If the actual full6 time equivalent eligible students figure for the 

7 preceding award year reported under subpara8 graph (A)— 

9 ‘‘(i) exceeds the projected enrollment 

10 that was used for determining the allot11 ment under subparagraph (2)(B) for the 

12 preceding award year, notwithstanding any 

13 other provision of this Act, the allotment 

14 for the award year in which the November 

15 1 date falls for the eligible institution shall 

16 be increased to reflect such actual enroll17 ment, which figure shall be increased by 

18 the Gross Domestic Product Price Index of 

19 the State in which the eligible institution 

20 operates; or 

21 ‘‘(ii) is below the projected enrollment 

22 that was used for determining the allot23 ment under subparagraph (2)(B) for the 

24 preceding award year, notwithstanding any 

25 other provision of this Act, the allotment 


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1 for the award year in which the November 

2 1 date falls for the eligible institution shall 

3 be decreased to reflect such actual enroll4 ment, which figure shall be increased by 

5 the average interest rate on 5-year United 

6 States Treasury securities issued during 

7 the preceding award year. 

8 ‘‘(c) APPLICATION.—An eligible institution that de9 sires to receive a grant under this section shall submit to 

10 the Secretary an application at such time, in such manner, 

11 and containing such information as the Secretary may re12 quire. 

13 ‘‘(d) PROHIBITION.—An eligible institution that re14 ceives a grant under this section may not use grant funds 

15 under this section— 

16 ‘‘(1) for the construction of a nonacademic fa17 cility, such as a student center or stadium; 

18 ‘‘(2) for merit-based or need-based student fi19 nancial aid; 

20 ‘‘(3) to pay the salaries or benefits of school ad21 ministrators; 

22 ‘‘(4) for capital outlays or deferred mainte23 nance; or 


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1 ‘‘(5) for expenditures on athletics other than 

2 activities open to all members of the campus com3 munity. 

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated, and there are appro6 priated, to carry out this section— 

7 ‘‘(1) such sums as may be necessary for the 

8 fourth quarter of fiscal year 2021; and 

9 ‘‘(2) such sums as may be necessary for each 

10 of the fiscal years 2022 through 2031.’’. 

11 TITLE II—FEDERAL PELL GRANT 

12 IMPROVEMENTS 

13 SEC. 201. FEDERAL PELL GRANT IMPROVEMENTS. 

14 (a) MANDATORY FUNDING.—Section 401 of the 

15 Higher Education Act of 1965 (20 U.S.C. 1070a) is 

16 amended— 

17 (1) in subsection (a)(1), by striking ‘‘through 

18 fiscal year 2017’’; 

19 (2) in subsection (b)— 

20 (A) by striking paragraph (1); 

21 (B) by striking subparagraph (A) of para22 graph (2); 

23 (C) by redesignating subparagraph (B) of 

24 paragraph (2) as paragraph (2); 


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1 (D) by inserting before paragraph (2) (as 

2 redesignated by subparagraph (C)) the fol3 lowing: 

4 ‘‘(1) AMOUNT.—The amount of the Federal Pell 

5 Grant for a student eligible under this subpart shall be— 

6 ‘‘(A) the maximum Federal Pell Grant de7 scribed in paragraph (7); less 

8 ‘‘(B) the amount equal to the amount deter9 mined to be the expected family contribution with 

10 respect to such student for such year.’’; 

11 (E) in paragraph (4), by striking ‘‘max12 imum amount of a Federal Pell Grant award 

13 determined under paragraph (2)(A)’’ and in14 serting ‘‘maximum Federal Pell Grant described 

15 in paragraph (7)’’; 

16 (F) in paragraph (5), by striking ‘‘max17 imum amount of a Federal Pell Grant award 

18 determined under paragraph (2)(A)’’ and in19 serting ‘‘maximum amount of a Federal Pell 

20 Grant award described in paragraph (7)’’; 

21 (G) by striking paragraph (7) and insert22 ing the following: 

23 ‘‘(7) MAXIMUM FEDERAL PELL GRANT.— 


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1 ‘‘(A) AWARD YEAR 2021–2022.—For award 

2 year 2021–2022, the maximum Federal Pell 

3 Grant shall be— 

4 ‘‘(i) in the case of an eligible student 

5 who is in attendance at an institution of 

6 higher education described in section 101 

7 or a Tribal College or University described 

8 in section 316(b)(3), $12,990; or 

9 ‘‘(ii) in the case of an eligible student 

10 who is in attendance at an institution of 

11 higher education not described in clause 

12 (i), $6,495. 

13 ‘‘(B) SUBSEQUENT AWARD YEAR.—For 

14 award year 2022–2023, the maximum Federal 

15 Pell Grant shall be equal to the total maximum 

16 Federal Pell Grant for award year 2021–2022 

17 (applicable to the institution at which the eligi18 ble student is in attendance) under this para19 graph— 

20 ‘‘(i) increased by the annual adjust21 ment percentage for the award year for 

22 which the amount under this subparagraph 

23 is being determined; and 

24 ‘‘(ii) rounded to the nearest $5. 


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1 ‘‘(C) DEFINITION OF ANNUAL ADJUST2 MENT PERCENTAGE.—In this paragraph, the 

3 term ‘annual adjustment percentage,’ as applied 

4 to an award year, is equal to the estimated per5 centage increase in the Consumer Price Index 

6 (as determined by the Secretary, using the defi7 nition in section 478(f)) for the most recent cal8 endar year ending prior to the beginning of that 

9 award year.’’; and 

10 (H) in paragraph (8)(B), by striking ‘‘may 

11 exceed’’ and all that follows through the period 

12 and inserting ‘‘may exceed the maximum Fed13 eral Pell Grant available for an award year.’’; 

14 (3) in subsection (c)(5)— 

15 (A) by striking ‘‘shall not exceed 12 semes16 ters, or the equivalent of 12 semesters, as de17 termined by the Secretary by regulation’’ and 

18 inserting ‘‘shall not exceed 7 years and 6 

19 months’’; and 

20 (B) by striking ‘‘only that same fraction of 

21 such semester or equivalent’’ and inserting 

22 ‘‘only that same fraction of such year’’; 

23 (4) in subsection (e), by striking ‘‘Any disburse24 ment allowed to be made by crediting the student’s 

25 account shall be limited to tuition and fees and, in 


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1 the case of institutionally owned housing, room and 

2 board. The student may elect to have the institution 

3 provide other such goods and services by crediting 

4 the student’s account.’’ and inserting ‘‘Payments 

5 under this section may be used by the student for 

6 living and non-tuition expenses.’’; 

7 (5) in subsection (f)— 

8 (A) in paragraph (1), by striking the mat9 ter preceding subparagraph (A) and inserting 

10 the following: ‘‘After receiving an application 

11 for a Federal Pell Grant under this subpart, the 

12 Secretary (including any contractor of the Sec13 retary processing applications for Federal Pell 

14 Grants under this subpart) shall, in a timely 

15 manner, furnish to the student financial aid ad16 ministrator at each institution of higher edu17 cation that a student awarded a Federal Pell 

18 Grant under this subpart is attending, the ex19 pected family contribution for each such stu20 dent. Each such student financial administrator 

21 shall—’’; and 

22 (B) in paragraph (3)— 

23 (i) by striking ‘‘after academic year 

24 1986–1987’’; and 


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1 (ii) in paragraph (3), by striking ‘‘the 

2 Committee on Appropriations of the Sen3 ate, the Committee on Appropriations of 

4 the House of Representatives, and’’; 

5 (6) by striking subsections (g) and (h); 

6 (7) by redesignating subsections (i) and (j) as 

7 subsections (g) and (h), respectively; and 

8 (8) by adding at the end the following: 

9 ‘‘(k) APPROPRIATION OF FUNDS.—There are author10 ized to be appropriated, and there are appropriated, out 

11 of any money in the Treasury not otherwise appropriated, 

12 such sums as may be necessary for fiscal year 2021 and 

13 each subsequent fiscal year to provide the maximum Fed14 eral Pell Grant for which a student shall be eligible under 

15 this section during an award year.’’. 

16 (b) REPEAL OF SCORING REQUIREMENT.—Section 

17 406 of H. Con. Res. 95 (109th Congress) is amended— 

18 (1) by striking subsection (b); and 

19 (2) by striking ‘‘(a) IN GENERAL.—Upon’’ and 

20 inserting the following: ‘‘Upon’’. 

21 (c) AMENDMENT TO THE FAFSA SIMPLIFICATION

22 ACT.— 

23 (1) IN GENERAL.—Section 401 of the Higher 

24 Education Act of 1965, as amended by section 703 


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1 of the FAFSA Simplification Act (title VII of divi2 sion FF of Public Law 116–260), is amended— 

3 (A) in subsection (b), by striking para4 graphs (5), (6), and (7) and inserting the fol5 lowing: 

6 ‘‘(5) MAXIMUM FEDERAL PELL GRANT.— 

7 ‘‘(A) IN GENERAL.—For award year 2023– 

8 2024, and each subsequent award year, the 

9 total maximum Federal Pell Grant shall be 

10 equal to the total maximum Federal Pell Grant 

11 for the preceding award year (applicable to the 

12 institution at which the eligible student is in at13 tendance)— 

14 ‘‘(i) increased by the annual adjust15 ment percentage for the award year for 

16 which the amount under this subparagraph 

17 is being determined; and 

18 ‘‘(ii) rounded to the nearest $5. 

19 ‘‘(B) DEFINITION OF ANNUAL ADJUST20 MENT PERCENTAGE.—In this paragraph, the 

21 term ‘annual adjustment percentage,’ as applied 

22 to an award year, is equal to the estimated per23 centage increase in the Consumer Price Index 

24 (as determined by the Secretary, using the defi25 nition in section 478(f)) for the most recent calVerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2730.IH H2730

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1 endar year ending prior to the beginning of that 

2 award year. 

3 ‘‘(6) APPROPRIATION OF FUNDS.—There are 

4 authorized to be appropriated, and there are appro5 priated, out of any money in the Treasury not other6 wise appropriated, such sums as may be necessary 

7 for fiscal year 2023 and each subsequent fiscal year 

8 to provide the maximum Federal Pell Grant for 

9 which a student shall be eligible under this section 

10 during an award year. 

11 ‘‘(7) NO EFFECT ON PREVIOUS APPROPRIA12 TIONS.—The amendments made to this section by 

13 the FAFSA Simplification Act shall not— 

14 ‘‘(A) increase or decrease the amounts that 

15 have been appropriated or are available to carry 

16 out this section for fiscal year 2017, 2018, 

17 2019, 2020, 2021, or 2022 as of the day before 

18 the effective date of such Act; or 

19 ‘‘(B) extend the period of availability for 

20 obligation that applied to any such amount, as 

21 of the day before such effective date.’’; 

22 (B) in subsection (d)(5)(A), by striking 

23 ‘‘shall not exceed 12 semesters, or the equiva24 lent of 12 semesters, as determined by the SecVerDate Sep 11 2014 23:48 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2730.IH H2730

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1 retary by regulation’’ and inserting ‘‘shall not 

2 exceed 7 years and 6 months’’; 

3 (C) in subsection (f), by striking ‘‘Any dis4 bursement allowed to be made by crediting the 

5 student’s account shall be limited to tuition and 

6 fees, and food and housing if that food and 

7 housing is institutionally owned or operated. 

8 The student may elect to have the institution 

9 provide other such goods and services by cred10 iting the student’s account.’’ and inserting 

11 ‘‘Payments under this section may be used by 

12 the student for living and non-tuition ex13 penses.’’; 

14 (D) by striking subsections (g) and (h); 

15 and 

16 (E) by redesignating subsections (i) and (j) 

17 as subsections (g) and (h), respectively. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by paragraph (1) shall take effect as if included in 

20 section 703 of the FAFSA Simplification Act (title 

21 VII of division FF of Public Law 116–260) and sub22 ject to the effective date of section 701(b) of such 

23 Act. 

24 (d) FEDERAL PELL GRANT ELIGIBILITY FOR

25 DREAMER STUDENTS.— 


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1 (1) IN GENERAL.—Section 484 of the Higher 

2 Education Act of 1965 (20 U.S.C. 1091) is amend3 ed— 

4 (A) in subsection (a)(5), by inserting ‘‘, or 

5 be a Dreamer student, as defined in subsection 

6 (u)’’ after ‘‘becoming a citizen or permanent 

7 resident’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(u) DREAMER STUDENTS.— 

10 ‘‘(1) IN GENERAL.—In this section, the term 

11 ‘Dreamer student’ means an individual who— 

12 ‘‘(A) was younger than 16 years of age on 

13 the date on which the individual initially en14 tered the United States; 

15 ‘‘(B) has provided a list of each secondary 

16 school that the student attended in the United 

17 States; and 

18 ‘‘(C)(i) has earned a high school diploma, 

19 the recognized equivalent of such diploma from 

20 a secondary school, or a high school equivalency 

21 diploma in the United States or is scheduled to 

22 complete the requirements for such a diploma 

23 or equivalent before the next academic year be24 gins; 


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1 ‘‘(ii) has acquired a degree from an institu2 tion of higher education or has completed not 

3 less than 2 years in a program for a bacca4 laureate degree or higher degree at an institu5 tion of higher education in the United States 

6 and has made satisfactory academic progress, 

7 as defined in subsection (c), during such time 

8 period; 

9 ‘‘(iii) at any time was eligible for a grant 

10 of deferred action under— 

11 ‘‘(I) the June 15, 2012, memorandum 

12 from the Secretary of Homeland Security 

13 entitled ‘Exercising Prosecutorial Discre14 tion with Respect to Individuals Who 

15 Came to the United States as Children’; or 

16 ‘‘(II) the November 20, 2014, memo17 randum from the Secretary of Homeland 

18 Security entitled ‘Exercising Prosecutorial 

19 Discretion with Respect to Individuals 

20 Who Came to the United States as Chil21 dren and with Respect to Certain Individ22 uals Who Are the Parents of U.S. Citizens 

23 or Permanent Residents’; or 

24 ‘‘(iv) has served in the uniformed services, 

25 as defined in section 101 of title 10, United 


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1 States Code, for not less than 4 years and, if 

2 discharged, received an honorable discharge. 

3 ‘‘(2) HARDSHIP EXCEPTION.—The Secretary 

4 shall issue regulations that direct when the Depart5 ment shall waive the requirement of subparagraph 

6 (A) or (B), or both, of paragraph (1) for an indi7 vidual to qualify as a Dreamer student under such 

8 paragraph, if the individual— 

9 ‘‘(A) demonstrates compelling cir10 cumstances for the inability to satisfy the re11 quirement of such subparagraph (A) or (B), or 

12 both; and 

13 ‘‘(B) satisfies the requirement of para14 graph (1)(C).’’. 

15 (2) AMENDMENT TO THE FAFSA SIMPLIFICA16 TION ACT.— 

17 (A) IN GENERAL.—Section 484 of the 

18 Higher Education Act of 1965, as amended by 

19 section 702(n)(1)(A) of the FAFSA Simplifica20 tion Act (title VII of division FF of Public Law 

21 116–260), is amended by adding at the end the 

22 following: 

23 ‘‘(u) DREAMER STUDENTS.— 

24 ‘‘(1) IN GENERAL.—In this section, the term 

25 ‘Dreamer student’ means an individual who— 


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1 ‘‘(A) was younger than 16 years of age on 

2 the date on which the individual initially en3 tered the United States; 

4 ‘‘(B) has provided a list of each secondary 

5 school that the student attended in the United 

6 States; and 

7 ‘‘(C)(i) has earned a high school diploma, 

8 the recognized equivalent of such diploma from 

9 a secondary school, or a high school equivalency 

10 diploma in the United States or is scheduled to 

11 complete the requirements for such a diploma 

12 or equivalent before the next academic year be13 gins; 

14 ‘‘(ii) has acquired a degree from an institu15 tion of higher education or has completed not 

16 less than 2 years in a program for a bacca17 laureate degree or higher degree at an institu18 tion of higher education in the United States 

19 and has made satisfactory academic progress, 

20 as defined in subsection (c), during such time 

21 period; 

22 ‘‘(iii) at any time was eligible for a grant 

23 of deferred action under— 

24 ‘‘(I) the June 15, 2012, memorandum 

25 from the Secretary of Homeland Security 


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1 entitled ‘Exercising Prosecutorial Discre2 tion with Respect to Individuals Who 

3 Came to the United States as Children’; or 

4 ‘‘(II) the November 20, 2014, memo5 randum from the Secretary of Homeland 

6 Security entitled ‘Exercising Prosecutorial 

7 Discretion with Respect to Individuals 

8 Who Came to the United States as Chil9 dren and with Respect to Certain Individ10 uals Who Are the Parents of U.S. Citizens 

11 or Permanent Residents’; or 

12 ‘‘(iv) has served in the uniformed services, 

13 as defined in section 101 of title 10, United 

14 States Code, for not less than 4 years and, if 

15 discharged, received an honorable discharge. 

16 ‘‘(2) HARDSHIP EXCEPTION.—The Secretary 

17 shall issue regulations that direct when the Depart18 ment shall waive the requirement of subparagraph 

19 (A) or (B), or both, of paragraph (1) for an indi20 vidual to qualify as a Dreamer student under such 

21 paragraph, if the individual— 

22 ‘‘(A) demonstrates compelling cir23 cumstances for the inability to satisfy the re24 quirement of such subparagraph (A) or (B), or 

25 both; and 


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1 ‘‘(B) satisfies the requirement of para2 graph (1)(C).’’. 

3 (B) EFFECTIVE DATE.—The amendment 

4 made by subparagraph (A) shall take effect as 

5 if included in section 702(n)(1)(A) of the 

6 FAFSA Simplification Act (title VII of division 

7 FF of Public Law 116–260) and subject to the 

8 effective date of section 701(b) of such Act. 

9 (e) FULL EXCLUSION FROM GROSS INCOME FOR

10 PELL GRANTS.— 

11 (1) IN GENERAL.—Section 117(b) of the Inter12 nal Revenue Code of 1986 is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(3) SPECIAL RULE FOR PELL GRANTS.— 

15 Amounts received under a Federal Pell Grant under 

16 subpart 1 of part A of title IV of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1070a et seq.) shall 

18 be treated as an amount received as a qualified 

19 scholarship notwithstanding whether such amount 

20 was used for qualified tuition and related expenses.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by this subsection shall apply to amounts received in 

23 taxable years beginning after the date of the enact24 ment of this Act. 


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1 TITLE III—EQUITY GRANTS 

2 SEC. 301. PELL BONUS. 

3 Title III of the Higher Education Act of 1965 (20 

4 U.S.C. 1051a et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘PART H—EQUITY GRANTS 

7 ‘‘SEC. 399A. EQUITY GRANTS. 

8 ‘‘(a) IN GENERAL.—The Secretary shall award 

9 grants to eligible institutions to enable the eligible institu10 tions to invest in support programs with the goal of im11 proving student outcomes. 

12 ‘‘(b) ELIGIBLE INSTITUTIONS.—In this section: 

13 ‘‘(1) IN GENERAL.—The term ‘eligible institu14 tion’ means— 

15 ‘‘(A) an under-funded institution; or 

16 ‘‘(B) a— 

17 ‘‘(i) part B institution (as defined in 

18 section 322); 

19 ‘‘(ii) Hispanic-serving institution (as 

20 defined in section 502); 

21 ‘‘(iii) Tribal College or University (as 

22 defined in section 316); 

23 ‘‘(iv) Alaska Native-serving institution 

24 (as defined in section 317(b)); 


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1 ‘‘(v) Native Hawaiian-serving institu2 tion (as defined in section 317(b)); 

3 ‘‘(vi) Predominantly Black Institution 

4 (as defined in section 318); 

5 ‘‘(vii) Asian American and Native 

6 American Pacific Islander-serving institu7 tion (as defined in section 320(b)); or 

8 ‘‘(viii) Native American-serving, non9 tribal institution (as defined in section 

10 319). 

11 ‘‘(2) UNDER-FUNDED INSTITUTION.—The term 

12 ‘under-funded institution’ means a public 2-year in13 stitution of higher education or public 4-year institu14 tion of higher education that receives less than the 

15 national average State appropriations per full-time 

16 equivalent students. 

17 ‘‘(c) APPLICATIONS.—An eligible institution that de18 sires to receive a grant under this section shall submit an 

19 application to the Secretary at such time, in such manner, 

20 and accompanied by such information as the Secretary 

21 may require, including, if the eligible institution is an 

22 under-funded institution— 

23 ‘‘(1) an assurance that the State in which the 

24 institution is located will provide a non-Federal 

25 share of funds for an award year from non-Federal 


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1 sources in an amount that is equal to 25 percent of 

2 the amount required to carry out the activities de3 scribed in this section; and 

4 ‘‘(2) a description of how the State in which the 

5 institution is located will prioritize spending for 

6 under-funded institutions in the State and close gaps 

7 in State appropriations per full-time equivalent stu8 dents and will institution in the State described in 

9 subsection (b)(1)(B). 

10 ‘‘(d) GRANT AMOUNTS.—The Secretary shall award 

11 a grant under this section to an eligible institution in an 

12 amount based on the number of students enrolled at the 

13 institution who receive a Federal Pell Grant. 

14 ‘‘(e) USE OF GRANT FUNDS.—An eligible institution 

15 that receives a grant under this section shall use the grant 

16 funds exclusively to invest in support programs with the 

17 goal of improving student outcomes such as attendance, 

18 grades, and graduation rates, including through— 

19 ‘‘(1) making investments in reforming remedial 

20 education; 

21 ‘‘(2) making investments in academic advisors, 

22 mental health counselors, trauma-informed care, and 

23 tutors; and 

24 ‘‘(3) reducing class sizes. 


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1 ‘‘(f) GOALS.—The Secretary shall set goals on stu2 dent outcomes for eligible institutions that receive grants 

3 under this section. 

4 ‘‘(g) PROGRESS.—The Secretary shall track progress 

5 in improving student outcomes for eligible institutions that 

6 receive grants under this section, including conducting 

7 independent evaluations of support programs funded 

8 under this section. 

9 ‘‘(h) SUPPLEMENT, NO SUPPLANT.—An eligible in10 stitution that receives a grant under this section shall use 

11 the grant funds to supplement, and not supplant, any non12 Federal funds available to improve student outcomes. 

13 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this sec15 tion— 

16 ‘‘(1) such sums as may be necessary for the 

17 fourth quarter of fiscal year 2021; 

18 ‘‘(2) $10,000,000,000 for fiscal year 2022; and 

19 ‘‘(3) such sums as may be necessary for each 

20 of the following fiscal years.’’. 


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1 TITLE IV—INCREASING 

2 SUPPORT FOR STUDENTS 

3 SEC. 401. INCREASING SUCCESS FOR LOW-INCOME AND 

4 FIRST GENERATION STUDENTS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS FOR FED6 ERAL TRIO PROGRAMS.—Section 402A(g) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1070a–11(g)) is 

8 amended by inserting after the first sentence the fol9 lowing: ‘‘For the purpose of making grants and contracts 

10 under this chapter, there are authorized to be appro11 priated $3,000,000,000 for fiscal year 2022, and such 

12 sums as may be necessary for each of fiscal years 2023 

13 through 2031.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR

15 GEAR UP PROGRAMS.—Section 404H of the Higher 

16 Education Act of 1965 (20 U.S.C. 1070a–28) is amended 

17 by striking ‘‘$400,000,000’’ and all that follows through 

18 the period and inserting ‘‘$736,000,000 for fiscal year 

19 2022, and such sums as may be necessary for each of fis20 cal years 2023 through 2025.’’. 

21 TITLE V—SNYDER ACT 

22 SEC. 501. RULE OF CONSTRUCTION REGARDING THE SNY23 DER ACT. 

24 Nothing in this Act, or an amendment made by this 

25 Act, shall be construed to change or abrogate the Federal 


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1 Government’s responsibilities under the Act of November 

2 2, 1921 (commonly known as the ‘‘Snyder Act’’) (25 

3 U.S.C. 13). 

Æ 


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