I 

117TH CONGRESS 

1ST SESSION H. R. 2861 

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 HOUSE OF REPRESENTATIVES 

APRIL 28, 2021 

Mr. LEVIN of Michigan (for himself, Mr. SCOTT of Virginia, Mr. MOULTON, 

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

Committee on Education and Labor 

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 2021’’. 


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1 TITLE I—STATE AND INDIAN 

2 TRIBE GRANTS FOR COMMU3 NITY COLLEGES 

4 SEC. 101. PROGRAM AUTHORIZED. 

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

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

7 the following: 

8 ‘‘PART J—AMERICA’S COLLEGE PROMISE 

9 FEDERAL–STATE PARTNERSHIP 

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

11 Community Colleges 

12 ‘‘SEC. 499A. IN GENERAL. 

13 ‘‘From amounts appropriated under section 499G for 

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

15 States and Indian tribes to pay the Federal share of ex16 penditures needed to carry out the activities and services 

17 described in section 499E. 

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

19 ‘‘(a) FEDERAL SHARE.— 

20 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

21 the amount of the Federal share of a grant under 

22 this subpart shall be based on a formula, determined 

23 by the Secretary, that provides, for each eligible stu24 dent in the State or Indian tribe, a per-student 

25 amount that is equal to 75 percent of— 


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1 ‘‘(A) for the 2022–2023 award year, the 

2 average resident community college tuition and 

3 fees per student in all States for the most re4 cent year for which data are available; and 

5 ‘‘(B) for each subsequent award year, the 

6 amount determined under this paragraph for 

7 the preceding award year, increased by the less8 er of— 

9 ‘‘(i) a percentage equal to the esti10 mated percentage increase in the Con11 sumer Price Index (as determined by the 

12 Secretary) since the date of such deter13 mination; or 

14 ‘‘(ii) 3 percent. 

15 ‘‘(2) INDIAN TRIBES.—The amount of the Fed16 eral share for an Indian tribe receiving a grant 

17 under this subpart shall be the lesser of— 

18 ‘‘(A) the amount determined in accordance 

19 with paragraph (1) with respect to such tribe; 

20 or 

21 ‘‘(B) the amount that is 95 percent of the 

22 total amount needed to waive tuition and fees 

23 for all eligible students enrolled in the commu24 nity colleges operated or controlled by such 

25 tribe. 


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1 ‘‘(b) STATE OR TRIBAL SHARE.— 

2 ‘‘(1) FORMULA.— 

3 ‘‘(A) IN GENERAL.—Subject to subpara4 graph (B), the State or tribal share of a grant 

5 under this subpart for each fiscal year shall be 

6 the amount needed to pay 25 percent of the av7 erage resident community college tuition and 

8 fees per student in the 2022–2023 award year 

9 for all eligible students in the State or tribe for 

10 such fiscal year. 

11 ‘‘(B) INDIAN TRIBES.—The tribal share of 

12 a grant awarded to an Indian tribe under this 

13 subpart for each fiscal year shall be the lesser 

14 of— 

15 ‘‘(i) the amount determined in accord16 ance with subparagraph (A) with respect 

17 to such tribe; or 

18 ‘‘(ii) 5 percent of the total amount 

19 needed to waive tuition and fees for all eli20 gible students enrolled in the community 

21 colleges operated or controlled by such 

22 tribe. 

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

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

25 share, any need-based financial aid that— 


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

2 to an eligible student; and 

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

4 costs of attendance other than tuition and fees. 

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

6 Indian tribe shall not include in-kind contributions 

7 for purposes of the State or tribal share described 

8 in paragraph (1). 

9 ‘‘(c) DETERMINING NUMBER OF ELIGIBLE STU10 DENTS.— 

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

12 (a) and (b), the Secretary shall develop and imple13 ment a formula for accurately estimating the num14 ber of eligible students in a State or Indian tribe 

15 and for making adjustments based on the number of 

16 eligible students enrolled on less than a full-time 

17 basis and the associated tuition and fees charged to 

18 such students in proportion to the degree to which 

19 each such student is not attending on a full-time 

20 basis. 

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

22 year for which grants are awarded under this sub23 part, the number of eligible students in a State or 

24 Indian tribe shall be considered to be equal to the 


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1 number of eligible students who were in the State or 

2 tribe for the preceding school year. 

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

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

5 tribe receives a grant under this subpart, the Secretary 

6 shall— 

7 ‘‘(1) in consultation with the State or tribe con8 cerned, determine whether the actual number of eli9 gible students in the State or Tribe for the year cov10 ered by the grant is greater than the estimated num11 ber of such students that was used to determine the 

12 amount of the grant; and 

13 ‘‘(2) in the case of a determination under para14 graph (1) that the actual number of eligible students 

15 in the State or Tribe is higher than such estimate, 

16 issue a supplementary grant payment to the State or 

17 tribe in an amount that ensures that the total 

18 amount of the grant funds received by the State or 

19 tribe under this subpart for the year covered by the 

20 grant accurately reflects the higher number of eligi21 ble students. 

22 ‘‘SEC. 499C. APPLICATIONS. 

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

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


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1 to the Secretary at such time, in such manner, and con2 taining such information as the Secretary may require. 

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

4 (a) shall include— 

5 ‘‘(1) an estimate of the number of eligible stu6 dents in the State or Indian tribe and the cost of 

7 waiving community college tuition and fees for all el8 igible students for each fiscal year covered by the 

9 grant; 

10 ‘‘(2) an assurance that each community college 

11 in the State, or operated or controlled by the Indian 

12 tribe, as applicable, will waive tuition and fees for el13 igible students in accordance with section 499D(a); 

14 ‘‘(3) a description of the promising and evi15 dence-based institutional reforms and innovative 

16 practices to improve student outcomes, including 

17 transfer and completion rates, that have been or will 

18 be adopted by each such community college, such 

19 as— 

20 ‘‘(A) providing comprehensive academic, 

21 career, and student support services (including 

22 mentoring, advising, case management services, 

23 and career pathway navigation), especially for 

24 low-income, first-generation, and adult stu25 dents, and other students belonging to racial 


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1 and other groups that are historically underrep2 resented in higher education; 

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

4 assistance in applying for such services, such 

5 as— 

6 ‘‘(i) childcare, transportation, and 

7 emergency financial assistance; 

8 ‘‘(ii) assistance in obtaining health in9 surance coverage and accessing health care 

10 services, including behavioral and mental 

11 health services; 

12 ‘‘(iii) affordable housing; 

13 ‘‘(iv) nutrition assistance programs or 

14 free or discounted food; and 

15 ‘‘(v) means-tested Federal benefit pro16 grams, or similar State, tribal, or local 

17 benefit programs; 

18 ‘‘(C) providing accelerated learning oppor19 tunities, such as dual or concurrent enrollment 

20 programs, including early college high school 

21 programs, and reforming course scheduling and 

22 credit awarding policies to better meet the 

23 needs of students and shorten time to comple24 tion; 


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1 ‘‘(D) strengthening and reforming remedial 

2 and developmental education, especially for low3 income, first-generation, and adult students, 

4 and other students belonging to racial and 

5 other groups that are historically underrep6 resented in higher education, including through 

7 the use of multiple measures (such as a stu8 dent’s college entrance examination score, grade 

9 point average, high school course list, or a 

10 placement examination) to identify students in 

11 need of remedial education; 

12 ‘‘(E) utilizing career pathways, including 

13 through building capacity for career and tech14 nical education as defined in section 3(5) of the 

15 Carl D. Perkins Career and Technical Edu16 cation Act of 2006 (20 U.S.C. 2302(5)) and 

17 programs of study as defined in section 3(41) 

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

19 pathways; or 

20 ‘‘(F) providing expanded opportunities for 

21 participating in work-based learning, which may 

22 include apprenticeship programs, in students’ 

23 programs of study; 

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

25 tribe will ensure that programs leading to a recogVerDate Sep 11 2014 06:07 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861

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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 each community college 

7 in the State or under the authority of the Indian 

8 tribe have entered into program participation agree9 ments under section 487; 

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

11 will, to the maximum extent practicable, assist eligi12 ble students in obtaining information about and ac13 cessing means-tested Federal benefit programs and 

14 similar, State, tribal, and local benefit programs for 

15 which such students may be eligible; 

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

17 grant, the State or Indian tribe will notify each eligi18 ble student of the student’s remaining eligibility for 

19 assistance under this subpart; 

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

21 State— 

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

23 support the scaling and increased adoption of 

24 the reforms and practices described in para25 graph (3); 


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

2 the extent practicable, consider changes to 

3 State law that will enable more community col4 lege students to be eligible for means-tested 

5 Federal benefit programs and similar State 

6 benefit programs; 

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

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

9 to the alignment of secondary and postsec10 ondary education; and 

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

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

13 to the improvement of transfer pathways be14 tween institutions of higher education; and 

15 ‘‘(9) an assurance that the State or Indian tribe 

16 will clearly communicate to prospective students, 

17 their families, and the general public— 

18 ‘‘(A) plans to implement the program 

19 funded under this subpart; and 

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

21 community college operated by the State or 

22 tribe without paying the cost of tuition and 

23 fees. 


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1 ‘‘SEC. 499D. PROGRAM REQUIREMENTS. 

2 ‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN3 DIAN TRIBES.—As a condition of receiving a grant under 

4 this subpart a State or Indian tribe shall meet the fol5 lowing requirements: 

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

7 amount of community college tuition and fees 

8 charged to an eligible student in the State or Indian 

9 tribe shall be $0. 

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

11 financial assistance for which an eligible student 

12 qualifies may be applied to such tuition or fees. 

13 ‘‘(b) STATE REQUIREMENTS.—As a condition of re14 ceiving a grant under this subpart a State shall meet the 

15 following requirements: 

16 ‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU17 CATION.— 

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

19 ‘‘(i) submit a plan to align the re20 quirements for receiving a regular high 

21 school diploma from public schools in the 

22 State with the requirements for entering 

23 credit-bearing coursework at community 

24 colleges in such State; and 

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

26 date on which the State first receives a 


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1 grant under this subpart, certify to the 

2 Secretary that such alignment has been 

3 achieved. 

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

5 does not provide the certification required 

6 under subparagraph (A) by the date specified in 

7 such subparagraph, the State shall submit to 

8 the Secretary, at such time and in such manner 

9 as the Secretary may require— 

10 ‘‘(i) a written explanation for the 

11 delay in making the certification; and 

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

13 to make the certification by not later than 

14 5 years after the date on which the State 

15 first received a grant under this subpart. 

16 ‘‘(2) TRANSFER PATHWAYS.— 

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

18 ‘‘(i) submit a plan, developed in col19 laboration with faculty from institutions of 

20 higher education in the State, to improve 

21 transfer pathways between institutions of 

22 higher education in the State, including 

23 by— 

24 ‘‘(I) ensuring that associate de25 grees awarded by community colleges 


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1 in the State are fully transferable to, 

2 and credited as, the first 2 years of 

3 related baccalaureate programs at 

4 public institutions of higher education 

5 in such State; and 

6 ‘‘(II) ensuring that students at7 tending community colleges in the 

8 State have access to comprehensive 

9 counseling regarding the process for 

10 transferring to a four-year institution 

11 of higher education; and 

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

13 date on which the State first receives a 

14 grant under this subpart, certify to the 

15 Secretary that the State is carrying out 

16 the plan submitted in accordance with 

17 clause (i) and is meeting the requirements 

18 of subclauses (I) and (II) of such clause. 

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

20 does not provide the certification required 

21 under subparagraph (A) by the date specified in 

22 such subparagraph, the State shall submit to 

23 the Secretary, at such time and in such manner 

24 as the Secretary may require— 


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1 ‘‘(i) a written explanation for the 

2 delay in making the certification; and 

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

4 to make the certification by not later than 

5 5 years after the date on which the State 

6 first received a grant under this subpart. 

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

8 apply the requirements under this subsection to an 

9 Indian tribe. 

10 ‘‘(c) NO ADDITIONAL ELIGIBILITY REQUIRE11 MENTS.—A State or Indian tribe that receives a grant 

12 under this subpart may not impose additional eligibility 

13 requirements on eligible students other than the require14 ments under this subpart. 

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

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

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

18 subpart only to provide funds to each community college 

19 in the State, or operated or controlled by such tribe, as 

20 applicable, to enable each such community college to waive 

21 tuition and fees for eligible students as required under sec22 tion 499D(a). 

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

24 demonstrates to the Secretary that the State or Indian 

25 tribe has grant funds remaining after meeting the demand 


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1 for activities described in subsection (a), the State or In2 dian tribe may use those funds to carry out one or more 

3 of the following: 

4 ‘‘(1) Enhancing the quality and equity of public 

5 higher education to improve student outcomes, in6 cluding transfer and completion rates and labor 

7 market outcomes. 

8 ‘‘(2) Investing in and diversifying the academic 

9 workforce. 

10 ‘‘(3) Expanding the scope and capacity of high11 quality academic and occupational skills training 

12 programs at community colleges, which may include 

13 collaboration with one or more industry or sector 

14 partnerships (as defined in section 3 of the Work15 force Innovation and Opportunity Act (29 U.S.C. 

16 3201)). 

17 ‘‘(4) Improving postsecondary education readi18 ness in the State or Indian tribe, including through 

19 outreach and early intervention. 

20 ‘‘(5) Expanding access to dual or concurrent 

21 enrollment programs, such as early college high 

22 school programs. 

23 ‘‘(6) Reducing unmet need at public 4-year in24 stitutions of higher education. 


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1 ‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR2 POSES.—A State or Indian tribe that receives a grant 

3 under this subpart may not use any funds provided under 

4 this subpart for administrative purposes relating to such 

5 grant. 

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

7 tribe receiving a grant under this subpart shall be entitled 

8 to receive its full allotment of funds under this subpart 

9 for a fiscal year only if, for each year of the grant, the 

10 State or Indian tribe provides— 

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

12 per FTE student at a level equal to or exceeding the 

13 average amount of State fiscal support for higher 

14 education per FTE student provided for the 3 con15 secutive preceding fiscal years; 

16 ‘‘(2) financial support for operational expenses 

17 (excluding capital expenses and research and devel18 opment costs) for public four-year institutions of 

19 higher education at a level equal to or exceeding the 

20 average amount provided for the 3 consecutive pre21 ceding State or Indian tribe fiscal years; and 

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

23 aid at a level equal to or exceeding the average 

24 amount provided for the 3 consecutive preceding 

25 State or Indian tribe fiscal years. 


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

2 available under this subpart shall be used to supplement, 

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

4 funds that would otherwise be expended to carry out ac5 tivities described in this section. 

6 ‘‘(f) REPORT REQUIREMENTS.— 

7 ‘‘(1) REPORTING BY STATES AND INDIAN

8 TRIBES.—A State or Indian tribe receiving a grant 

9 under this subpart shall submit to the Secretary an 

10 annual report that shall include— 

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

12 subpart; 

13 ‘‘(B) the progress made in fulfilling the re14 quirements of the grant; 

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

16 attainment of recognized postsecondary creden17 tials at participating community colleges, 

18 disaggregated by race, ethnicity, income, and 

19 age; and 

20 ‘‘(D) any other information that the Sec21 retary may require. 

22 ‘‘(2) REPORTING BY SECRETARY.—The Sec23 retary shall, on an annual basis— 

24 ‘‘(A) compile and analyze the information 

25 described in paragraph (1); and 


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1 ‘‘(B) prepare and submit to the author2 izing committees a report— 

3 ‘‘(i) containing the analysis described 

4 in subparagraph (A); and 

5 ‘‘(ii) an identification of State and In6 dian tribe best practices for achieving the 

7 purpose of this subpart. 

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

9 provide technical assistance to eligible States and Indian 

10 tribes concerning best practices regarding the promising 

11 and evidence-based institutional reforms and innovative 

12 practices to improve student outcomes and shall dissemi13 nate such best practices among the States and Indian 

14 tribes. 

15 ‘‘(h) CONTINUATION OF FUNDING.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), a State or Indian tribe receiving a grant 

18 under this subpart for a fiscal year may continue to 

19 receive funding under this subpart for future fiscal 

20 years conditioned on the availability of budget au21 thority and on meeting the requirements of the 

22 grant, as determined by the Secretary. 

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

24 discontinue funding of the Federal share of a grant 

25 under this subpart if the State or Indian tribe has 


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1 violated the terms of the grant or is not making ade2 quate progress in implementing the reforms de3 scribed in the application submitted under section 

4 499C. 

5 ‘‘SEC. 499F. AUTOMATIC STABILIZERS FOR AMERICA’S COL6 LEGE PROMISE. 

7 ‘‘(a) MAINTENANCE OF EFFORT RELIEF.—Notwith8 standing subsection (d) of section 499E, a State that 

9 meets the qualifying spending requirements may request 

10 a waiver of the requirements under such subsection (d). 

11 The Secretary shall waive the requirements of such sub12 section (d) for a State that makes a qualifying request 

13 under this paragraph as follows: 

14 ‘‘(1) TIER I.—With respect to each State eligi15 ble for relief under tier I, such requirements shall be 

16 waived for the fiscal year succeeding the fiscal year 

17 in which the determination of the State’s eligibility 

18 for such relief is made. 

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

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

21 or V, such requirements shall be waived, in accord22 ance with subsection (d), for— 

23 ‘‘(A) the fiscal year in which the deter24 mination of the State’s eligibility for such relief 

25 is made; 


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

2 year described in subparagraph (A); or 

3 ‘‘(C) both such fiscal years. 

4 ‘‘(b) MATCH RELIEF.— 

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

6 subsection (b) of section 499B, a State that is eligi7 ble for relief under tier II, III, IV, or V may request 

8 relief with respect to the requirements of such sub9 section (b). The Secretary shall provide relief from 

10 the requirements of such subsection (b), for the ap11 plicable fiscal year or years, for a State that makes 

12 a qualifying request under this paragraph as follows: 

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

14 that is eligible for relief under tier II, the Sec15 retary shall— 

16 ‘‘(i) apply section 499B(a)(1) by sub17 stituting ‘80 percent’ for ‘75 percent’; and 

18 ‘‘(ii) apply section 499B(b)(1)(A) by 

19 substituting ‘20 percent’ for ‘25 percent’. 

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

21 that is eligible for relief under tier III, the Sec22 retary shall— 

23 ‘‘(i) apply section 499B(a)(1) by sub24 stituting ‘85 percent’ for ‘75 percent’; and 


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1 ‘‘(ii) apply section 499B(b)(1)(A) by 

2 substituting ‘15 percent’ for ‘25 percent’. 

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

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

6 ‘‘(i) apply section 499B(a)(1) by sub7 stituting ‘90 percent’ for ‘75 percent’; and 

8 ‘‘(ii) apply section 499B(b)(1)(A) by 

9 substituting ‘10 percent’ for ‘25 percent’. 

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

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

13 ‘‘(i) apply section 499B(a)(1) by sub14 stituting ‘95 percent’ for ‘75 percent’; and 

15 ‘‘(ii) apply section 499B(b)(1)(A), by 

16 substituting ‘5 percent’ for ‘25 percent’. 

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

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

19 or V, the Secretary shall provide the relief under 

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

21 for— 

22 ‘‘(A) the fiscal year in which the deter23 mination of the State’s eligibility for such relief 

24 is made; 


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

2 year described in subparagraph (A); or 

3 ‘‘(C) both such fiscal years. 

4 ‘‘(c) STATE ELIGIBILITY.—A State’s eligibility for re5 lief under this section shall be determined as follows: 

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

7 under tier I for a fiscal year in which— 

8 ‘‘(A)(i) the State was in an elevated unem9 ployment period at any point in the fiscal year; 

10 or 

11 ‘‘(ii) the Nation as a whole in an elevated 

12 unemployment period at any point in the fiscal 

13 year; and 

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

15 under any other tier. 

16 ‘‘(2) TIER II.—A State shall be eligible for re17 lief under tier II for a fiscal year in which— 

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

19 rate was equal to or greater than 6.5 percent 

20 but less than 7.5 percent at any point in the 

21 fiscal year; or 

22 ‘‘(ii) the national average unemployment 

23 rate is equal to or greater than 6.5 percent but 

24 less than 7.5 percent at any point in the fiscal 

25 year; and 


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

2 under tier III, IV, or V. 

3 ‘‘(3) TIER III.—A State shall be eligible for re4 lief under tier III for a fiscal year in which— 

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

6 rate was equal to or greater than 7.5 percent 

7 but less than 8.5 percent at any point in the 

8 fiscal year; or 

9 ‘‘(ii) the national average unemployment 

10 rate is equal to or greater than 7.5 percent but 

11 less than 8.5 percent at any point in the fiscal 

12 year; and 

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

14 under tier IV or V. 

15 ‘‘(4) TIER IV.—A State shall be eligible for re16 lief under tier IV for a fiscal year in which— 

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

18 rate was equal to or greater than 8.5 percent 

19 but less than 9.5 percent at any point in the 

20 fiscal year; or 

21 ‘‘(ii) the national average unemployment 

22 rate is equal to or greater than 8.5 percent but 

23 less than 9.5 percent at any point in the fiscal 

24 year; and 


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

2 under tier V. 

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

4 under tier V for a fiscal year in which— 

5 ‘‘(A) the State average unemployment rate 

6 was equal to or greater than 9.5 percent at any 

7 point in the fiscal year; or 

8 ‘‘(B) the national average unemployment 

9 rate is equal to or greater than 9.5 percent at 

10 any point in the fiscal year. 

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

12 In determining the fiscal years for which to provide relief 

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

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

15 shall take into account the following: 

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

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

18 the State requests such relief, including— 

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

20 the fiscal year for which the determination of 

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

22 amount by which the State is unable to meet 

23 the requirements of section 499E(d) for such 

24 fiscal year; and 


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

2 the fiscal year succeeding the year described in 

3 subparagraph (A), the amount by which the 

4 State anticipates being unable to meet such re5 quirements for such succeeding fiscal year. 

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

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

8 State requests such relief, including— 

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

10 the fiscal year for which the determination of 

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

12 extent to which the State is unable to meet the 

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

14 year; and 

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

16 the fiscal year succeeding the year described in 

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

18 anticipates being unable to meet such require19 ments for such succeeding fiscal year. 

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

21 and duration of the unemployment rate increase 

22 during— 

23 ‘‘(A) the fiscal year for which the deter24 mination of the State’s eligibility for such relief 

25 is made; 


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

2 year described in subparagraph (A); and 

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

4 year described in subparagraph (A). 

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

6 the Secretary. 

7 ‘‘(e) INDIAN TRIBES.— 

8 ‘‘(1) IN GENERAL.—For purposes of deter9 mining the eligibility of an Indian tribe to receive re10 lief under this section— 

11 ‘‘(A) an Indian tribe that operates or con12 trols a community college in a State that is eli13 gible for relief under any tier shall be treated 

14 as a State for purposes of receiving relief under 

15 such tier, except as otherwise provided in para16 graph (2); and 

17 ‘‘(B) in the case of an Indian tribe that 

18 operates or controls a community college in at 

19 least 2 different States each of which is eligible 

20 for relief under different tiers, the Indian tribe 

21 shall receive relief under the tier offering the 

22 greatest level of relief. 

23 ‘‘(2) INDIAN TRIBE MATCH RELIEF.—Notwith24 standing subsection (b) of section 499B, an Indian 

25 tribe that is eligible for relief under tier II, III, IV, 


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1 or V may request relief with respect to the require2 ments of such subsection (b). The Secretary shall 

3 provide relief from the requirements of section 

4 499B(b), for the applicable fiscal year or years, for 

5 an Indian tribe that makes a qualifying request 

6 under this paragraph, by— 

7 ‘‘(A) with respect to applying section 

8 499B(a)(1), providing the appropriate relief de9 scribed in subsection (b)(1) of this section; 

10 ‘‘(B) applying section 499B(a)(2)(B) by 

11 substituting ‘100 percent’ for ‘95 percent’; and 

12 ‘‘(C) applying section 499B(b)(1)(B)(ii), 

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

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

15 ‘‘(1) ELEVATED UNEMPLOYMENT PERIOD.— 

16 The term ‘elevated unemployment period’— 

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

18 as a whole, means a consecutive, 3-month pe19 riod in a fiscal year in which the national aver20 age unemployment rate is not less than 0.5 per21 centage points above the lowest national aver22 age unemployment rate for the 12-month period 

23 preceding such 3-month period; and 

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

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


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1 year in which the State average unemployment 

2 rate is not less than 0.5 percentage points 

3 above the lowest State average unemployment 

4 rate the 12-month period preceding such 3- 

5 month period. 

6 ‘‘(2) QUALIFYING SPENDING REQUIREMENTS.— 

7 The term ‘qualifying spending requirements’ means 

8 the requirements that a State not disproportionately 

9 decrease spending for any of the categories described 

10 in subparagraphs (A) through (C) of section 

11 499E(d)(1) relative to such State’s overall, average 

12 decrease in spending for the 3 consecutive preceding 

13 fiscal years. 

14 ‘‘(3) NATIONAL AVERAGE UNEMPLOYMENT

15 RATE.—The term ‘national average unemployment 

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

17 total unemployment in all States for a consecutive, 

18 3-month period in a fiscal year, based on data from 

19 the Bureau of Labor Statistics of the Department of 

20 Labor. 

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

22 The term ‘State average unemployment rate’ means 

23 the average (seasonally adjusted) rate of total unem24 ployment in a State for a consecutive, 3-month peVerDate Sep 11 2014 06:07 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861

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1 riod in a fiscal year, based on data from the Bureau 

2 of Labor Statistics of the Department of Labor. 

3 ‘‘SEC. 499G. APPROPRIATIONS. 

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

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

6 any other amounts appropriated to carry out this subpart 

7 and out of any money in the Treasury not otherwise ap8 propriated), such sums as may be necessary for fiscal year 

9 2022 and each succeeding fiscal year. 

10 ‘‘SEC. 499H. DEFINITIONS. 

11 ‘‘In this subpart: 

12 ‘‘(1) APPRENTICESHIP.—The term ‘apprentice13 ship’ means an apprenticeship program registered 

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

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

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

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

18 pathway’ has the meaning given the term in section 

19 3 of the Workforce Innovation and Opportunity Act 

20 (29 U.S.C. 3102). 

21 ‘‘(3) COMMUNITY COLLEGE.—The term ‘com22 munity college’ means a public institution of higher 

23 education at which the highest degree that is pre24 dominantly awarded to students is an associate’s de25 gree, including 2-year Tribal Colleges or Universities 


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1 under section 316 and public 2-year institutions of 

2 higher education operated by a State. 

3 ‘‘(4) DUAL OR CONCURRENT ENROLLMENT

4 PROGRAM.—The term ‘dual or concurrent enrollment 

5 program’ has the meaning given the term in section 

6 8101 of the Elementary and Secondary Education 

7 Act of 1965 (20 U.S.C. 7801). 

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

9 term ‘early college high school’ has the meaning 

10 given the term in section 8101 of the Elementary 

11 and Secondary Education Act of 1965 (20 U.S.C. 

12 7801). 

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

14 student’ means a student who— 

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

16 defined in section 481(b)) at a community col17 lege on not less than a half-time basis; 

18 ‘‘(B) either— 

19 ‘‘(i) qualifies for in-State resident 

20 community college tuition, as determined 

21 by the State or Indian tribe; or 

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

23 resident community college tuition, but for 

24 the immigration status of such student; 

25 and 


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1 ‘‘(C) has not been enrolled (whether full2 time or less than full-time) for more than 6 se3 mesters (or the equivalent) for which the stu4 dent received a waiver of community college tui5 tion and fees under section 499D(a). 

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

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

8 Federally Recognized Indian Tribe List Act of 1994 

9 (25 U.S.C. 479a). 

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

11 The term ‘institution of higher education’ has the 

12 meaning given the term in section 101. 

13 ‘‘(9) MEANS-TESTED FEDERAL BENEFIT PRO14 GRAM.—The term ‘means-tested Federal benefit pro15 gram’ has the meaning given the term in section 

16 479. 

17 ‘‘(10) RECOGNIZED POSTSECONDARY CREDEN18 TIAL.—The term ‘recognized postsecondary creden19 tial’ has the meaning as described in section 3 of the 

20 Workforce Innovation and Opportunity Act (29 

21 U.S.C. 3102). 

22 ‘‘(11) STATE FISCAL SUPPORT FOR HIGHER

23 EDUCATION.— 

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

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1 port for higher education’, used with respect to 

2 a State for a fiscal year, means an amount that 

3 is equal to the gross amount of applicable State 

4 funds appropriated or dedicated, and expended 

5 by the State, including funds from lottery re6 ceipts, in the fiscal year, that are used to sup7 port institutions of higher education and stu8 dent financial aid for higher education in the 

9 State. 

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

11 for higher education for a State for a fiscal 

12 year shall not include— 

13 ‘‘(i) funds described in subparagraph 

14 (A) that are returned to the State; 

15 ‘‘(ii) State-appropriated funds derived 

16 from Federal sources, including funds pro17 vided under section 499B(b) and section 

18 499J(b); 

19 ‘‘(iii) amounts that are portions of 

20 multiyear appropriations to be distributed 

21 over multiple years that are not to be 

22 spent for the year for which the calculation 

23 under this paragraph is being made, sub24 ject to subparagraph (D); 


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1 ‘‘(iv) tuition, fees, or other edu2 cational charges paid directly by a student 

3 to a public institution of higher education 

4 or to the State; 

5 ‘‘(v) funds for— 

6 ‘‘(I) financial aid programs pro7 vided to out-of-State institutions of 

8 higher education, including aid to stu9 dents enrolled in such institutions; 

10 ‘‘(II) merit-based financial aid to 

11 students awarded on the basis of pre12 dicted or actual academic perform13 ance; 

14 ‘‘(III) financial aid for students 

15 attending, or annual operating ex16 penses of, proprietary institutions of 

17 higher education (as defined in section 

18 102(b)); 

19 ‘‘(IV) financial aid for students 

20 attending, or annual operating ex21 penses of, unaccredited institutions; 

22 ‘‘(V) research and development; 

23 ‘‘(VI) hospitals, athletics, or 

24 other auxiliary enterprises; or 


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1 ‘‘(VII) corporate or other private 

2 donations directed to one or more in3 stitutions of higher education per4 mitted to be expended by the State; or 

5 ‘‘(vi) any other funds that the Sec6 retary determines shall not be included in 

7 the calculation of State fiscal support for 

8 higher education for such State. 

9 ‘‘(C) ADJUSTMENTS FOR BIENNIAL APPRO10 PRIATIONS.—The Secretary shall take into con11 sideration any adjustments to the calculations 

12 under this paragraph that may be required to 

13 accurately reflect State fiscal support for higher 

14 education in States with biennial appropriation 

15 cycles. 

16 ‘‘(D) INDIAN TRIBES.—In determining the 

17 State fiscal support for higher education of an 

18 Indian tribe for a fiscal year, the Indian tribe 

19 shall be treated as a State except as otherwise 

20 determined appropriate by the Secretary. 

21 ‘‘(12) STATE FISCAL SUPPORT FOR HIGHER

22 EDUCATION PER FTE STUDENT.—The term ‘State 

23 fiscal support for higher education per FTE stu24 dent’, used with respect to a State or Indian tribe 

25 for a fiscal year, means, the quotient of— 


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

2 education for the previous fiscal year; divided 

3 by 

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

5 students enrolled in public institutions of higher 

6 education in such State or tribe for such pre7 vious fiscal year.’’. 

8 TITLE II—STUDENT SUCCESS 

9 FUND 

10 SEC. 201. STUDENT SUCCESS FUND. 

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

12 1965 (20 U.S.C. 1070 et seq.), as added by section 101, 

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

14 ‘‘Subpart 2—Student Success Fund 

15 ‘‘SEC. 499I. IN GENERAL. 

16 ‘‘From amounts appropriated under section 499O for 

17 any fiscal year, the Secretary shall carry out a grant pro18 gram (to be known as the Student Success Fund) to make 

19 grants to eligible entities to carry out the activities and 

20 services described in section 499L. 

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

22 ‘‘(a) FEDERAL SHARE.— 

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

24 share of a grant under this subpart shall be based 


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1 on a formula, developed by the Secretary, that ac2 counts for— 

3 ‘‘(A) the State or Indian tribe’s relative 

4 share of eligible students, as determined in ac5 cordance with section 499B(c); 

6 ‘‘(B) the State or Indian tribe’s relative 

7 share of Federal Pell Grant recipients; and 

8 ‘‘(C) the ratio between a State or Indian 

9 tribe’s funding per full-time equivalent (FTE) 

10 student at public institutions of higher edu11 cation and the average net price at public four12 year institutions of higher education, in such a 

13 way as to reward States and Indian tribes that 

14 keep net prices for students low while maintain15 ing their State fiscal support for higher edu16 cation. 

17 ‘‘(2) FORMULA PUBLISHED BEFORE APPLICA18 TION DEADLINE.—The Secretary shall— 

19 ‘‘(A) develop the formula described in 

20 paragraph (1); 

21 ‘‘(B) calculate estimated allotments for 

22 each eligible entity under such formula; and 

23 ‘‘(C) publish such formula and estimated 

24 allotments not later than the date of the notice 


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1 soliciting applications for participation in the 

2 program under this subpart. 

3 ‘‘(b) MATCHING FUNDS.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), an eligible entity participating in the pro6 gram under this subpart shall provide, from non7 Federal sources, in cash or in-kind— 

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

9 fourth years of participation in the program, an 

10 amount equal to 25 percent of the amount such 

11 entity received under subsection (a) with re12 spect to such year; 

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

14 participation in the program, an amount equal 

15 to 50 percent of the amount such entity re16 ceived under subsection (a) with respect to such 

17 year; 

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

19 years of participation in the program, an 

20 amount equal to 75 percent of the amount such 

21 entity received under subsection (a) with re22 spect to such year; and 

23 ‘‘(D) in each ninth year and each subse24 quent year thereafter of participation in the 

25 program, an amount equal to 100 percent of 


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1 the amount such entity received under sub2 section (a) with respect to such year. 

3 ‘‘(2) EXCEPTION FOR INDIAN TRIBES.—The 

4 Secretary may modify or waive the matching fund 

5 requirements under paragraph (1) in the case of an 

6 eligible entity that is an Indian tribe. 

7 ‘‘(3) REALLOTMENT.—If an eligible entity re8 turns to the Secretary any portion of the grant 

9 amount provided to such eligible entity under this 

10 subpart for any fiscal year, or requests a grant 

11 amount that is less than the Federal share deter12 mined for such entity in accordance with subsection 

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

14 for the succeeding fiscal year, in addition to the 

15 amounts appropriated under 499O for such suc16 ceeding fiscal year. 

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

18 awarded under this subpart shall be used to supplement, 

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

20 funds that would otherwise be expended to carry out ac21 tivities assisted under this subpart. 

22 ‘‘SEC. 499K. APPLICATIONS. 

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

24 the program under this subpart, an eligible entity shall 

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


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1 such manner, and containing such information as the Sec2 retary may require, including— 

3 ‘‘(1) a plan that includes— 

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

5 eligible entity under this subpart and the in6 tended use of such funds; 

7 ‘‘(B) how the eligibility entity will use the 

8 requested funds to implement promising and 

9 evidence-based institutional reforms and innova10 tive practices to improve student outcomes, in11 cluding— 

12 ‘‘(i) how such entity will use such 

13 funds to implement the reforms and prac14 tices identified by such entity under section 

15 499C(b)(3); and 

16 ‘‘(ii) annual implementation bench17 marks that the entity will use to track 

18 progress in implementing such reforms and 

19 practices; 

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

21 such eligible entity will support the scaling of 

22 evidence-based and innovative initiatives sys23 tem-wide; 


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

2 matching fund requirements under section 

3 499J(b); 

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

5 such eligible entity will prioritize spending on 

6 the public institutions of higher education speci7 fied in paragraph (2)(B); and 

8 ‘‘(F) the improvements the eligible entity 

9 anticipates in student outcomes, including im10 provements in transfer rates or completion 

11 rates, or both. 

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

13 that includes— 

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

15 of higher education of the eligible entity— 

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

17 ‘‘(ii) the amount of per-student fund18 ing from State-appropriated funds; 

19 ‘‘(iii) the student demographics (in20 cluding data on race, ethnicity, income, 

21 disability status, and remediation); and 

22 ‘‘(iv) transfer and completion rates, 

23 including such rates among low-income 

24 students, students of color, students with 


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1 disabilities, and students in need of reme2 diation; and 

3 ‘‘(B) an analysis of whether, of the public 

4 institutions of higher education of the eligible 

5 entity, the public institutions of higher edu6 cation that received less funding on a per-stu7 dent basis described in clause (i) or (ii), or 

8 both, of subparagraph (A), are serving dis9 proportionately high shares of low-income stu10 dents, students of color, students with disabil11 ities, or students in need of remediation. 

12 ‘‘(b) APPROVAL.— 

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

14 after receiving a plan under subsection (a), the Sec15 retary shall— 

16 ‘‘(A) approve the plan; or 

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

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

19 shall make such revisions as required by the Sec20 retary under paragraph (1)(B). 

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

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

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

24 the website of the Department. 


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1 ‘‘SEC. 499L. PROGRAM REQUIREMENTS. 

2 ‘‘(a) GENERAL REQUIREMENTS.— 

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

4 For the third year in which an eligible entity partici5 pates in the program under this subpart, and every 

6 2 years thereafter, the eligible entity shall submit a 

7 report to the Secretary, in such manner and con8 taining such information as the Secretary may re9 quire, that includes— 

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

11 implementation benchmarks included in the ap12 plication of such eligible entity under section 

13 499K(a)(1)(B); 

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

15 outcomes identified by the entity under section 

16 499K(a)(1)(F); and 

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

18 report is submitted— 

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

20 this subpart; and 

21 ‘‘(ii) the amount of funds requested 

22 by the eligible entity under this subpart. 

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

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

25 Secretary shall— 

26 ‘‘(A) approve the plan; or 


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

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

3 shall make such revisions as required by the Sec4 retary under paragraph (2)(B). 

5 ‘‘(b) FAILURE TO MEET REQUIREMENTS.—If an eli6 gible entity does not meet the annual implementation 

7 benchmarks included in the application of such eligible en8 tity under section 499K(a)(1)(B), as required to be re9 ported under subsection (a)(1)(A), such eligible entity 

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

11 manner as the Secretary may require— 

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

13 meeting such requirements; and 

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

15 to meet such requirements not later than 1 year 

16 after the date on which the eligible entity submitted 

17 the written explanation under paragraph (1). 

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

19 plan approved under subsection (a)(2)(A), each plan re20 vised under subsection (a)(3), and each plan submitted 

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

22 website of the Department. 

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

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

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


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

2 year under section 499K. 

3 ‘‘(b) USE OF FUNDS FOR ADMINISTRATIVE PUR4 POSES.—An eligible entity that receives a grant under this 

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

6 for administrative purposes relating to the grant under 

7 this subpart. 

8 ‘‘(c) PROHIBITED USES OF FUNDS.—No funds re9 ceived under this section shall be used to— 

10 ‘‘(1) pay contractors for the provision of pre-en11 rollment recruitment activities through a revenue 

12 sharing agreement; or 

13 ‘‘(2) fund endowments, athletics, sectarian in14 struction, or religious worship. 

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

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

17 State or Indian tribe that is a recipient of a grant under 

18 subpart 1. 

19 ‘‘SEC. 499O. APPROPRIATIONS. 

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

21 are authorized to be appropriated, and there are appro22 priated to carry out this subpart (in addition to any other 

23 amounts appropriated to carry out this subpart and out 

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


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1 $1,000,000,000 for fiscal year 2022 and each succeeding 

2 fiscal year. 

3 ‘‘(b) AVAILABILITY.—Funds appropriated under sub4 section (a) shall remain available to the Secretary until 

5 expended.’’. 

6 TITLE III—PATHWAYS TO STU7 DENT SUCCESS FOR HISTORI8 CALLY BLACK COLLEGES AND 

9 UNIVERSITIES, TRIBAL COL10 LEGES AND UNIVERSITIES, 

11 AND MINORITY-SERVING IN12 STITUTIONS 

13 SEC. 301. GRANTS TO HISTORICALLY BLACK COLLEGES 

14 AND UNIVERSITIES, TRIBAL COLLEGES AND 

15 UNIVERSITIES, AND MINORITY-SERVING IN16 STITUTIONS. 

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

18 1965 (20 U.S.C. 1070 et seq.), as added and amended 

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

20 following: 


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1 ‘‘Subpart 3—Grants to Historically Black Colleges 

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

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

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

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

9 participating historically Black colleges or universities 

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

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

13 and universities; 

14 ‘‘(2) provide incentives to community college 

15 students to transfer to such colleges and universities 

16 through strong transfer pathways to complete a 

17 bachelor’s degree program; and 

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

19 better serve new and existing students by engaging 

20 in reforms and innovations designed to improve com21 pletion rates and other student outcomes. 

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

23 COLLEGES AND UNIVERSITIES. 

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

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


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1 participating Tribal Colleges or Universities that meet the 

2 requirements of section 499S(a) to— 

3 ‘‘(1) encourage students to enroll and success4 fully complete a bachelor’s degree at such Colleges 

5 and Universities; 

6 ‘‘(2) provide incentives to community college 

7 students to transfer to such Colleges and Univer8 sities through strong transfer pathways to complete 

9 a bachelor’s degree program; and 

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

11 better serve new and existing students by engaging 

12 in reforms and innovations designed to improve com13 pletion rates and other student outcomes. 

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

15 NATIVE-SERVING INSTITUTIONS, ASIAN 

16 AMERICAN AND NATIVE AMERICAN PACIFIC 

17 ISLANDER-SERVING INSTITUTIONS, HIS18 PANIC-SERVING INSTITUTIONS, NATIVE 

19 AMERICAN-SERVING NONTRIBAL INSTITU20 TIONS, NATIVE HAWAIIAN-SERVING INSTITU21 TIONS, AND PREDOMINANTLY BLACK INSTI22 TUTIONS. 

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

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

25 participating Alaska Native-serving institutions, Asian 


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1 American and Native American Pacific Islander-serving 

2 institutions, Hispanic-serving institutions, Native Amer3 ican-serving nontribal institutions, Native Hawaiian-serv4 ing institutions, and Predominantly Black institutions 

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

6 ‘‘(1) encourage students to enroll and success7 fully complete a bachelor’s degree at such institu8 tions; 

9 ‘‘(2) provide incentives to community college 

10 students to transfer to such institutions through 

11 strong transfer pathways to complete a bachelor’s 

12 degree program; and 

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

14 new and existing students by engaging in reforms 

15 and innovations designed to improve completion 

16 rates and other student outcomes. 

17 ‘‘SEC. 499S. GRANT TERMS. 

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

19 shall meet the requirements of this subsection if the insti20 tution— 

21 ‘‘(1) is a public or not-for-profit 4-year institu22 tion that has a student body of which not less than 

23 35 percent are low-income students; 

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

25 implementing promising and evidence-based instituVerDate Sep 11 2014 06:07 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H2861.IH H2861

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1 tional reforms and innovative practices to improve 

2 the completion rates and other student outcomes, 

3 such as— 

4 ‘‘(A) providing comprehensive academic, 

5 career, and student support services (including 

6 mentoring, advising, case management services, 

7 and career pathway navigation), especially for 

8 low-income, first-generation, and adult stu9 dents, and other students belonging to racial 

10 and other groups that are historically underrep11 resented in higher education; 

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

13 assistance in applying for such services, such 

14 as— 

15 ‘‘(i) childcare, transportation, and 

16 emergency financial assistance; 

17 ‘‘(ii) assistance in obtaining health in18 surance coverage and accessing health care 

19 services, including behavioral and mental 

20 health services; 

21 ‘‘(iii) affordable housing; 

22 ‘‘(iv) nutrition assistance programs or 

23 free or discounted food; and 


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1 ‘‘(v) means-tested Federal benefit pro2 grams, or similar State, tribal, or local 

3 benefit programs; 

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— 

12 ‘‘(i) work-based learning opportunities 

13 (such as internships or apprenticeships); or 

14 ‘‘(ii) programs designed to improve 

15 inter-cultural development and personal 

16 growth (such as foreign exchange and 

17 study abroad programs); or 

18 ‘‘(E) strengthening remedial education, es19 pecially for low-income, first-generation, and 

20 adult students, and other students belonging to 

21 racial and other groups that are historically 

22 underrepresented in higher education, including 

23 through the use of multiple measures (such as 

24 a student’s college entrance examination score, 

25 grade point average, high school course list, or 


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1 a placement examination) to identify students 

2 in need of remedial education; 

3 ‘‘(3) sets performance goals for improving stu4 dent outcomes for the duration of the grant; and 

5 ‘‘(4) in the case of an institution receiving a 

6 grant for transfer students, has a formal, statewide 

7 articulation agreement with community colleges in 

8 the State in which such institution operates that 

9 guarantees— 

10 ‘‘(A) that a student who earns postsec11 ondary credit at any community college in such 

12 State shall be able to fully transfer such credit 

13 toward meeting related degree or certificate re14 quirements at such institution; and 

15 ‘‘(B) that associate degrees awarded by 

16 community colleges in the State are fully trans17 ferable to, and credited as, the first 2 years of 

18 related baccalaureate programs at such institu19 tion. 

20 ‘‘(b) GRANT AMOUNT.— 

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

22 an eligible institution participates in the grant pro23 gram under this subpart and subject to paragraph 

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

25 an amount based on the product of— 


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

2 the eligible institution in such year (referred to 

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

4 ‘‘(B) the number of eligible students en5 rolled in the eligible institution for the pre6 ceding year. 

7 ‘‘(2) SUBSEQUENT INCREASES.—For each suc8 ceeding year after the first year of the grant pro9 gram under this subpart, each participating eligible 

10 institution shall receive a grant in the amount deter11 mined under paragraph (1) for such year, except 

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

13 rebate for an eligible institution increase by more 

14 than 3 percent as compared to the amount of such 

15 rebate for the preceding year. 

16 ‘‘(3) LIMITATIONS.— 

17 ‘‘(A) MAXIMUM PER-STUDENT REBATE.— 

18 No eligible institution participating in the grant 

19 program under this subpart shall receive a per20 student rebate amount for any year that is 

21 greater than the national average of annual tui22 tion and fees at public 4-year institutions of 

23 higher education for such year, as determined 

24 by the Secretary. 


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

2 During the first year of participation in the 

3 grant program under this subpart, no eligible 

4 institution may increase tuition and fees at a 

5 rate greater than any annual increase at the eli6 gible institution in the previous 5 years. 

7 ‘‘(4) STUDENTS ENROLLED LESS THAN FULL8 TIME.—The Secretary shall develop and implement a 

9 formula for making adjustments to grant amounts 

10 under this subpart based on the number of eligible 

11 students at each eligible institution enrolled less 

12 than full-time and the associated tuition and fees 

13 charged to such students in proportion to the degree 

14 to which each such student is not attending on a 

15 full-time basis. 

16 ‘‘(c) APPLICATION.—An eligible institution that de17 sires a grant under this subpart shall submit an applica18 tion to the Secretary at such time, in such manner, and 

19 containing such information as the Secretary may require. 

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

21 subpart to a participating eligible institution shall be used 

22 to waive or significantly reduce tuition and fees for eligible 

23 students by an amount not to exceed the annual per-stu24 dent rebate amount. Such funds under this subpart may 

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


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1 first 60 credits for which an eligible student is enrolled 

2 in the participating eligible institution. 

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

4 available under section 499U to carry out this subpart 

5 shall be used to supplement, and not supplant, other Fed6 eral, State, tribal, and local funds that would otherwise 

7 be expended to carry out activities under this subpart. 

8 ‘‘SEC. 499T. DEFINITIONS. 

9 ‘‘In this subpart: 

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

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

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

13 ‘‘(2) ASIAN AMERICAN AND NATIVE AMERICAN

14 PACIFIC ISLANDER-SERVING INSTITUTION.—The 

15 term ‘Asian American and Native American Pacific 

16 Islander-serving institution’ has the meaning given 

17 such term in section 371(c). 

18 ‘‘(3) ELIGIBLE STUDENT.— 

19 ‘‘(A) DEFINITION.—The term ‘eligible stu20 dent’ means a student, regardless of age, who— 

21 ‘‘(i) is enrolled in an eligible program 

22 (as defined in section 481(b)) at a partici23 pating eligible institution, on at least a 

24 half-time basis; 

25 ‘‘(ii) is a low-income student; 


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1 ‘‘(iii) has been enrolled at such par2 ticipating eligible institution under this 

3 subpart for not more than 60 credits; and 

4 ‘‘(iv) has not been enrolled (whether 

5 full-time or less than full-time) for more 

6 than 6 semesters (or the equivalent) for 

7 which the student received a benefit under 

8 this subpart. 

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

10 term ‘Hispanic-serving institution’ has the meaning 

11 given such term in section 502. 

12 ‘‘(5) HISTORICALLY BLACK COLLEGE OR UNI13 VERSITY.—The term ‘historically Black college or 

14 university’ means a part B institution described in 

15 section 322(2). 

16 ‘‘(6) LOW-INCOME STUDENT.—The term ‘low17 income student’ shall include— 

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

19 Grant under section 401; and 

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

21 eligibility criteria for receiving a Federal Pell 

22 Grant under section 401, but who is ineligible 

23 to receive a Federal Pell Grant. 

24 ‘‘(7) NATIVE AMERICAN-SERVING NONTRIBAL

25 INSTITUTION.—The term ‘Native American-serving 


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1 nontribal institution’ has the meaning given such 

2 term in section 371(c). 

3 ‘‘(8) NATIVE HAWAIIAN-SERVING INSTITU4 TION.—The term ‘Native Hawaiian-serving institu5 tion’ has the meaning given such term in section 

6 317(b). 

7 ‘‘(9) PREDOMINANTLY BLACK INSTITUTION.— 

8 The term ‘Predominantly Black institution’ has the 

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

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

11 term ‘Tribal College or University’ has the meaning 

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

13 ‘‘SEC. 499U. APPROPRIATIONS. 

14 ‘‘(a) AUTHORIZATION AND APPROPRIATIONS FOR

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

16 carrying out this subpart there are authorized to be appro17 priated, and there are appropriated— 

18 ‘‘(1) $98,100,000 for fiscal year 2022; 

19 ‘‘(2) $321,040,000 for fiscal year 2023; 

20 ‘‘(3) $1,912,010,000 for fiscal year 2024; 

21 ‘‘(4) $1,988,710,000 for fiscal year 2025; 

22 ‘‘(5) $2,068,960,000 for fiscal year 2026; 

23 ‘‘(6) $2,151,010,000 for fiscal year 2027; 

24 ‘‘(7) $2,184,900,000 for fiscal year 2028; 

25 ‘‘(8) $2,329,370,000 for fiscal year 2029; 


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1 ‘‘(9) $2,423,910,000 for fiscal year 2030; and 

2 ‘‘(10) $2,521,990,000 for fiscal year 2031 and 

3 each succeeding fiscal year. 

4 ‘‘(b) AVAILABILITY.—Funds appropriated under sub5 section (a) for a fiscal year are to remain available to the 

6 Secretary through the two fiscal years following such fiscal 

7 year. 

8 ‘‘(c) INSUFFICIENT FUNDS.—If the amount appro9 priated under subsection (a) for a fiscal year is not suffi10 cient to award each institution participating in the grant 

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

12 under this subpart equal to 100 percent of the grant 

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

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

15 other actions necessary to ensure an equitable distribution 

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

Æ 


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