I 
115TH CONGRESS 
1ST SESSION H. R. 3709 
To provide greater access to higher education for America’s students. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 7, 2017 
Mr. SCOTT of Virginia (for himself, Mrs. DAVIS of California, Mr. NORCROSS, 
Mr. MOULTON, and Mr. BROWN of Maryland) introduced the following 
bill; which was referred to the Committee on Education and the Work-
force 
A BILL 
To provide greater access to higher education for America’s 
students. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘America’s College 
Promise Act of 2017’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to help all individuals of 
the United States earn the education and skills the indi-
viduals need— 
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(1) by making 2 years of community college 
free, through a new partnership with States and In-
dian tribes to help the States and Indian tribes— 
(A) waive resident community college tui-
tion and fees for eligible students; 
(B) maintain State and Indian tribe sup-
port for higher education; and 
(C) promote key reforms to improve stu-
dent outcomes; and 
(2) through a new partnership with minority- 
serving institutions to— 
(A) encourage eligible students to enroll 
and successfully complete a baccalaureate de-
gree at participating institutions; and 
(B) promote key reforms to improve stu-
dent outcomes. 
TITLE 
I—STATE 
AND 
INDIAN 
TRIBE GRANTS FOR COMMU-
NITY COLLEGES 
SEC. 101. IN GENERAL. 
From amounts appropriated under section 107(a) for 
any fiscal year, the Secretary shall award grants to eligible 
States and Indian tribes to pay the Federal share of ex-
penditures needed to carry out the activities and services 
described in section 105. 
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SEC. 102. FEDERAL SHARE; NON-FEDERAL SHARE. 
(a) FEDERAL SHARE.— 
(1) FORMULA.—Subject to paragraph (2), the 
Federal share of a grant under this title shall be 
based on a formula, determined by the Secretary, 
that— 
(A) accounts for the State or Indian tribe’s 
share of eligible students; and 
(B) provides, for each eligible student in 
the State or Indian tribe, a per-student amount 
that is— 
(i) not less than 300 percent of the 
per-student amount of the State or Indian 
tribe share, determined under subsection 
(b), subject to clause (ii); and 
(ii) not greater than 75 percent of— 
(I) for the 2018–2019 award 
year, the average resident community 
college tuition and fees per student in 
all States for the most recent year for 
which data are available; and 
(II) for each subsequent award 
year, the average resident community 
college tuition and fees per student in 
all States calculated under this sub-
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clause for the preceding year, in-
creased by the lesser of— 
(aa) the percentage by which 
the average resident community 
college tuition and fees per stu-
dent in all States for the most re-
cent year for which data are 
available increased as compared 
to such average for the preceding 
year; or 
(bb) 3 percent. 
(2) 
EXCEPTION
FOR
CERTAIN
INDIAN 
TRIBES.—In any case in which not less than 75 per-
cent of the students at the community colleges oper-
ated or controlled by an Indian tribe are low-income 
students, the amount of the Federal share for such 
Indian tribe shall be not less than 95 percent of the 
total amount needed to waive tuition and fees for all 
eligible students enrolled in such community col-
leges. 
(b) STATE OR TRIBAL SHARE.— 
(1) FORMULA.— 
(A) IN
GENERAL.—The State or tribal 
share of a grant under this title for each fiscal 
year shall be the amount needed to pay 25 per-
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cent of the average community college resident 
tuition and fees per student in all States in the 
2018–2019 award year for all eligible students 
in the State or Indian tribe, respectively, for 
such fiscal year, except as provided in subpara-
graph (B). 
(B) EXCEPTION
FOR
CERTAIN
INDIAN 
TRIBES.—In a case in which not less than 5 
percent of the students at the community col-
leges operated or controlled by an Indian tribe 
are low-income students, the amount of such 
Indian tribe’s tribal share shall not exceed 5 
percent of the total amount needed to waive tui-
tion and fees for all eligible students enrolled in 
such community colleges. 
(2) NEED-BASED AID.—A State or Indian tribe 
may include any need-based financial aid provided 
through State or tribal funds to eligible students as 
part of the State or tribal share. 
(3) NO IN-KIND CONTRIBUTIONS.—A State or 
Indian tribe shall not include in-kind contributions 
for purposes of the State or tribal share described 
in paragraph (1). 
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SEC. 103. ELIGIBILITY. 
To be eligible for a grant under this title, a State 
or Indian tribe shall agree to waive community college 
resident tuition and fees for all eligible students for each 
year of the grant. 
SEC. 104. APPLICATIONS. 
(a) SUBMISSION.—For each fiscal year for which a 
State or Indian tribe desires a grant under this title, an 
application shall be submitted to the Secretary at such 
time, in such manner, and containing such information as 
the Secretary may require. Such application shall be sub-
mitted by— 
(1) in the case of a State, the Governor, the 
State agency with jurisdiction over higher education, 
or another agency designated by the Governor to ad-
minister the program under this title; or 
(2) in the case of an Indian tribe, the governing 
body of such tribe. 
(b) CONTENTS.—Each State or Indian tribe applica-
tion shall include, at a minimum— 
(1) an estimate of the number of eligible stu-
dents in the State or Indian tribe and the cost of 
waiving community college resident tuition and fees 
for all eligible students for each fiscal year covered 
by the grant, with annual increases of an amount 
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that shall not exceed 3 percent of the prior year’s 
average resident community college tuition and fees; 
(2) an assurance that all community colleges in 
the State or under the jurisdiction of the Indian 
tribe, respectively, will waive resident tuition and 
fees for eligible students in programs that are— 
(A) academic programs with credits that 
can fully transfer via articulation agreement to-
ward a baccalaureate degree or postbaccalau-
reate degree at any public institution of higher 
education in the State; or 
(B) occupational skills training programs 
that lead to a recognized postsecondary creden-
tial that is in an in-demand industry sector or 
occupation in the State; 
(3) a description of the promising and evidence- 
based institutional reforms and innovative practices 
to improve student outcomes, including completion 
or transfer rates, that have been or will be adopted 
by the participating community colleges, such as— 
(A) providing comprehensive academic and 
student support services, including mentoring 
and advising, especially for low-income, first- 
generation, adult, and other underrepresented 
students; 
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(B) providing accelerated learning opportu-
nities, such as dual or concurrent enrollment 
programs, including early college high school 
programs; 
(C) advancing competency-based education; 
(D) strengthening remedial education, es-
pecially for low-income, first-generation, adult 
and other underrepresented students; 
(E) implementing course redesigns of high- 
enrollment courses to improve student outcomes 
and reduce cost; or 
(F) utilizing career pathways or degree 
pathways; 
(4) a description of how the State or Indian 
tribe will promote alignment between its public sec-
ondary school and postsecondary education systems, 
including between 2-year and 4-year public institu-
tions of higher education and with minority-serving 
institutions described in section 371 of the Higher 
Education Act of 1965 (20 U.S.C. 1067q), to ex-
pand awareness of and access to postsecondary edu-
cation, reduce the need for remediation and repeated 
coursework, and improve student outcomes; 
(5) a description of how the State or Indian 
tribe will ensure that programs leading to a recog-
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nized postsecondary credential meet the quality cri-
teria established by the State under section 123(a) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3153(a)) or other quality criteria deter-
mined appropriate by the State or Indian tribe; 
(6) an assurance that all participating commu-
nity colleges in the State or under the authority of 
the Indian tribe have entered into program partici-
pation agreements under section 487 of the Higher 
Education Act of 1965 (20 U.S.C. 1094); and 
(7) an assurance that, for each year of the 
grant, the State or Indian tribe will notify each eligi-
ble student of the student’s remaining eligibility for 
assistance under this title. 
SEC. 105. ALLOWABLE USES OF FUNDS. 
(a) IN GENERAL.—A State or Indian tribe shall use 
a grant under this title only to provide funds to partici-
pating community colleges to waive resident tuition and 
fees for eligible students who are enrolled in— 
(1) academic programs with credits that can 
fully transfer via articulation agreement toward a 
baccalaureate degree or postbaccalaureate degree at 
any public institution of higher education in the 
State; or 
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(2) occupational skills training programs that 
lead to a recognized postsecondary credential that is 
in an in-demand industry sector or occupation in the 
State. 
(b) ADDITIONAL USES.—If a State or Indian tribe 
demonstrates to the Secretary that it has grant funds re-
maining after meeting the demand for activities described 
in subsection (a), the State or Indian tribe may use those 
funds to carry out one or more of the following: 
(1) Expanding the waiver of resident tuition 
and fees at community college to students who are 
returning students or otherwise not enrolling in 
postsecondary education for the first time, and who 
meet the student eligibility requirements of clauses 
(i) through (v) of section 106(5)(A). 
(2) Expanding the scope and capacity of high- 
quality academic and occupational skills training 
programs at community colleges. 
(3) Improving postsecondary education readi-
ness in the State or Indian tribe, through outreach 
and early intervention. 
(4) Expanding access to dual or concurrent en-
rollment programs, including early college high 
school programs. 
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(5) Improving affordability at 4-year public in-
stitutions of higher education. 
(c) USE
OF FUNDS
FOR ADMINISTRATIVE PUR-
POSES.—A State or Indian tribe that receives a grant 
under this title may not use any funds provided under this 
title for administrative purposes relating to the grant 
under this title. 
(d) MAINTENANCE OF EFFORT.—A State or Indian 
tribe receiving a grant under this title is entitled to receive 
its full allotment of funds under this title for a fiscal year 
only if, for each year of the grant, the State or Indian 
tribe provides financial support for public higher education 
at a level equal to or exceeding the average amount pro-
vided per full-time equivalent student for public institu-
tions of higher education for the 3 consecutive preceding 
State or Indian tribe fiscal years. In making the calcula-
tion under this subsection, the State or Indian tribe shall 
exclude capital expenses and research and development 
costs and include need-based financial aid for students 
who attend public institutions of higher education. 
(e) ANNUAL REPORT.— 
(1) A State or Indian tribe receiving a grant 
under this title shall submit an annual report to the 
Secretary describing the uses of grant funds under 
this title, the progress made in fulfilling the require-
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ments of the grant, and rates of graduation, transfer 
and attainment of recognized postsecondary creden-
tials at participating community colleges, and includ-
ing any other information as the Secretary may re-
quire. 
(2) At the discretion of the Secretary, the infor-
mation required in the report under paragraph (1) 
may be included in an annual report on higher edu-
cation required under the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.). 
(f) REPORTING BY SECRETARY.—The Secretary an-
nually shall— 
(1) compile and analyze the information de-
scribed in subsection (e); and 
(2) prepare and submit a report to the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate and the Committee on Education and 
the Workforce of the House of Representatives con-
taining the analysis described in paragraph (1) and 
an identification of State and Indian tribe best prac-
tices for achieving the purpose of this title. 
(g) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to eligible States and Indian 
tribes concerning best practices regarding the promising 
and evidence-based institutional reforms and innovative 
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practices to improve student outcomes as described in sec-
tion 104(b)(3) and shall disseminate such best practices 
among the States and Indian tribes. 
(h) CONTINUATION OF FUNDING.— 
(1) IN GENERAL.—A State or Indian tribe re-
ceiving a grant under this title for a fiscal year may 
continue to receive funding under this title for fu-
ture fiscal years conditioned on the availability of 
budget authority and on meeting the requirements 
of the grant, as determined by the Secretary. 
(2) DISCONTINUATION.—The Secretary may 
discontinue funding of the Federal share of a grant 
under this title if the State or Indian tribe has vio-
lated the terms of the grant or is not making ade-
quate progress in implementing the reforms de-
scribed in the application submitted under section 
104. 
SEC. 106. DEFINITIONS. 
In this title: 
(1) CAREER
PATHWAY.—The term ‘‘career 
pathway’’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(2) COMMUNITY COLLEGE.—The term ‘‘commu-
nity college’’ means a public institution of higher 
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education at which the highest degree that is pre-
dominantly awarded to students is an associate’s de-
gree, including 2-year tribally controlled colleges 
under section 316 of the Higher Education Act of 
1965 (20 U.S.C. 1059c) and public 2-year State in-
stitutions of higher education. 
(3) DUAL OR CONCURRENT ENROLLMENT PRO-
GRAM.—The term ‘‘dual or concurrent enrollment 
program’’ has the meaning given the term in section 
8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
(4) EARLY COLLEGE HIGH SCHOOL.—The term 
‘‘early college high school’’ has the meaning given 
the term in section 8101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
(5) ELIGIBLE STUDENT.— 
(A) DEFINITION.—The term ‘‘eligible stu-
dent’’ means a student who— 
(i)(I) enrolls in a community college 
after the date of enactment of this Act; or 
(II) is enrolled in a community college 
as of the date of enactment of this Act; 
(ii) attends the community college on 
not less than a half-time basis; 
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(iii) 
is 
maintaining 
satisfactory 
progress, as defined in section 484(c) of 
the Higher Education Act of 1965 (20 
U.S.C. 1091(c)), in the student’s course of 
study; 
(iv) qualifies for resident tuition, as 
determined by the State or Indian tribe; 
and 
(v) is enrolled in an eligible program 
described in section 104(b)(2). 
(B) SPECIAL RULE.—An otherwise eligible 
student shall lose eligibility 3 calendar years 
after first receiving benefits under this title. 
(6) IN-DEMAND INDUSTRY SECTOR OR OCCUPA-
TION.—The term ‘‘in-demand industry sector or oc-
cupation’’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a). 
(8) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
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meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(9) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning as described in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Education. 
(11) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 103 of the Higher 
Education Act of 1965 (20 U.S.C. 1003). 
SEC. 107. APPROPRIATIONS. 
(a) AUTHORIZATION
AND APPROPRIATIONS.—For 
the purpose of making grants under this title, there are 
authorized to be appropriated, and there are appro-
priated— 
(1) $1,515,150,000 for fiscal year 2018; 
(2) $3,352,200,000 for fiscal year 2019; 
(3) $4,277,940,000 for fiscal year 2020; 
(4) $5,988,450,000 for fiscal year 2021; 
(5) $7,837,710,000 for fiscal year 2022; 
(6) $8,974,350,000 for fiscal year 2023; 
(7) $11,302,020,000 for fiscal year 2024; 
(8) $14,451,090,000 for fiscal year 2025; 
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(9) $15,077,130,000 for fiscal year 2026; and 
(10) $15,729,810,000 for fiscal year 2027 and 
each succeeding fiscal year. 
(b) AVAILABILITY.—Funds appropriated under sub-
section (a) shall remain available to the Secretary until 
expended. 
(c) INSUFFICIENT FUNDS.—If the amount appro-
priated under subsection (a) for a fiscal year is not suffi-
cient to award each participating State and Indian tribe 
a grant under this title that is equal to the minimum 
amount of the Federal share described in section 102(a), 
the Secretary may ratably reduce the amount of each such 
grant or take other actions necessary to ensure an equi-
table distribution of such amount. 
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TITLE II—GRANTS TO HISTORI-
CALLY BLACK COLLEGES AND 
UNIVERSITIES, 
HISPANIC- 
SERVING 
INSTITUTIONS, 
ASIAN AMERICAN AND NA-
TIVE AMERICAN PACIFIC IS-
LANDER-SERVING 
INSTITU-
TIONS, 
TRIBAL 
COLLEGES 
AND UNIVERSITIES, ALASKA 
NATIVE-SERVING 
INSTITU-
TIONS, 
NATIVE 
HAWAIIAN- 
SERVING INSTITUTIONS, PRE-
DOMINANTLY BLACK INSTI-
TUTIONS, AND NATIVE AMER-
ICAN-SERVING 
NONTRIBAL 
INSTITUTIONS 
SEC. 201. PATHWAYS TO STUDENT SUCCESS FOR HISTORI-
CALLY BLACK COLLEGES AND UNIVERSITIES. 
(a) IN
GENERAL.—From amounts appropriated 
under section 204(a) for any fiscal year, the Secretary 
shall award grants to participating 4-year historically 
black colleges or universities that meet the requirements 
of subsection (b) to— 
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(1) encourage students to enroll and success-
fully complete a bachelor’s degree at participating 
institutions; 
(2) provide incentives to community college stu-
dents to transfer to participating institutions 
through strong transfer pathways to complete a 
bachelor’s degree program; and 
(3) support participating institutions to better 
serve new and existing students by engaging in re-
forms and innovations designed to improve comple-
tion rates and other student outcomes. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under the program under this section, an institution shall 
be a historically black college or university that— 
(1) has a student body of which not less than 
35 percent are low-income students; 
(2) commits to maintaining or adopting and im-
plementing promising and evidence-based institu-
tional reforms and innovative practices to improve 
the completion rates and other student outcomes, 
such as— 
(A) providing comprehensive academic and 
student support services, including mentoring 
and advising; 
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(B) providing accelerated learning opportu-
nities and degree pathways, such as dual enroll-
ment and pathways to graduate and profes-
sional degree programs; 
(C) advancing distance and competency- 
based education; 
(D) partnering with employers, industry, 
not-for-profit associations, and other groups to 
provide opportunities to advance learning out-
side the classroom, including work-based learn-
ing opportunities such as internships or appren-
ticeships or programs designed to improve 
inter-cultural development and personal growth, 
such as foreign exchange and study abroad pro-
grams; 
(E) reforming remedial education, espe-
cially for low-income students, first generation 
college students, adult students, and other 
underrepresented students; or 
(F) implementing course redesigns of high- 
enrollment courses to improve student outcomes 
and reduce cost; 
(3) sets performance goals for improving stu-
dent outcomes for the duration of the grant; and 
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(4) if receiving a grant for transfer students, 
has articulation agreements with community colleges 
at the national, State, or local level to ensure that 
community college credits can fully transfer to the 
participating institution. 
(c) GRANT AMOUNT.— 
(1) INITIAL AMOUNT.—For the first year that 
an eligible institution participates in the grant pro-
gram under this section and subject to paragraph 
(3), such eligible institution shall receive a grant in 
an amount based on the product of— 
(A) the actual cost of tuition and fees at 
the eligible institution in such year (referred to 
in this section as the per-student rebate); multi-
plied by 
(B) the number of eligible students en-
rolled in the eligible institution for the pre-
ceding year. 
(2) SUBSEQUENT INCREASES.—For each suc-
ceeding year after the first year of the grant pro-
gram under this section, each participating eligible 
institution shall receive a grant in the amount deter-
mined under paragraph (1) for such year, except 
that in no case shall the amount of the per-student 
rebate for an eligible institution increase by more 
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than 3 percent as compared to the amount of such 
rebate for the preceding year. 
(3) LIMITATIONS.— 
(A) MAXIMUM
PER-STUDENT
REBATE.— 
No eligible institution participating in the grant 
program under this section shall receive a per- 
student rebate amount for any year that is 
greater than the national average of annual tui-
tion and fees at public 4-year institutions of 
higher education for such year, as determined 
by the Secretary. 
(B) FIRST
YEAR
TUITION
AND
FEES.— 
During the first year of participation in the 
grant program under this section, no eligible in-
stitution may increase tuition and fees at a rate 
greater than any annual increase at the eligible 
institution in the previous 5 years. 
(d) APPLICATION.—An eligible institution that de-
sires a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
(e) USE OF FUNDS.—Funds awarded under this sec-
tion to a participating eligible institution shall be used to 
waive or significantly reduce tuition and fees for eligible 
students in an amount of not more than up to the annual 
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per-student rebate amount for each student, for not more 
than the first 60 credits an eligible student enrolls in the 
participating eligible institution. 
SEC. 202. PATHWAYS TO STUDENT SUCCESS FOR HISPANIC- 
SERVING INSTITUTIONS, ASIAN AMERICAN 
AND NATIVE AMERICAN PACIFIC ISLANDER- 
SERVING INSTITUTIONS, TRIBAL COLLEGES 
AND UNIVERSITIES, ALASKA NATIVE-SERV-
ING INSTITUTIONS, NATIVE HAWAIIAN-SERV-
ING INSTITUTIONS, PREDOMINANTLY BLACK 
INSTITUTIONS, AND NATIVE AMERICAN-SERV-
ING NONTRIBAL INSTITUTIONS. 
(a) IN
GENERAL.—From amounts appropriated 
under section 204(a) for any fiscal year, the Secretary 
shall award grants to participating 4-year minority-serving 
institutions to— 
(1) encourage students to enroll and success-
fully complete a bachelor’s degree at participating 
institutions; 
(2) provide incentives to community college stu-
dents to transfer to participating institutions 
through strong transfer pathways to complete a 
bachelor’s degree program; and 
(3) support participating institutions to better 
serve new and existing students by engaging in re-
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forms and innovations designed to improve comple-
tion rates and other student outcomes. 
(b) INSTITUTIONAL ELIGIBILITY.—To be eligible to 
participate and receive a grant under this section, an insti-
tution shall be a minority-serving institution that— 
(1) has a student body of which not less than 
35 percent are low-income students; 
(2) commits to maintaining or adopting and im-
plementing promising and evidence-based institu-
tional reforms and innovative practices to improve 
the completion rates and other student outcomes, 
such as— 
(A) providing comprehensive academic and 
student support services, including mentoring 
and advising; 
(B) providing accelerated learning opportu-
nities and degree pathways, such as dual enroll-
ment and pathways to graduate and profes-
sional degree programs; 
(C) advancing distance and competency- 
based education; 
(D) partnering with employers, industry, 
not-for-profit associations, and other groups to 
provide opportunities to advance learning out-
side the classroom, including work-based learn-
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ing opportunities such as internships or appren-
ticeships or programs designed to improve 
inter-cultural development and personal growth, 
such as foreign exchange and study abroad pro-
grams; 
(E) reforming remedial education, espe-
cially for low-income students, first generation 
college students, adult students, and other 
underrepresented students; and 
(F) implementing course redesigns of high- 
enrollment courses to improve student outcomes 
and reduce cost; 
(3) sets performance goals for improving stu-
dent outcomes for the duration of the grant; and 
(4) if receiving a grant for transfer students, 
has articulation agreements with community colleges 
at the national, State, or local levels to ensure that 
community college credits can fully transfer to the 
participating institution. 
(c) GRANT AMOUNT.— 
(1) INITIAL AMOUNT.—For the first year that 
an eligible institution participates in the grant pro-
gram under this section and subject to paragraph 
(3), such participating eligible institution shall re-
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ceive a grant in an amount based on the product 
of— 
(A) the actual cost of tuition and fees at 
the eligible institution in such year (referred to 
in this section as the per-student rebate); multi-
plied by 
(B) the number of eligible students en-
rolled in the eligible institution for the pre-
ceding year. 
(2) SUBSEQUENT INCREASES.—For each suc-
ceeding year after the first year of the grant pro-
gram under this section, each participating eligible 
institution shall receive a grant in the amount deter-
mined under paragraph (1) for such year, except 
that in no case shall the amount of the per-student 
rebate increase by more than 3 percent as compared 
to the amount of such rebate for the preceding year. 
(3) LIMITATIONS.— 
(A) MAXIMUM
PER-STUDENT
REBATE.— 
No eligible institution participating in the grant 
program under this section shall receive a per- 
student rebate amount for a grant year greater 
than the national average of public four-year in-
stitutional tuition and fees, as determined by 
the Secretary. 
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(B) FIRST
YEAR
TUITION
AND
FEES.— 
During the first year of participation in the 
grant program under this section, no eligible in-
stitution may increase tuition and fees at a rate 
greater than any annual increase made by the 
institution in the previous 5 years. 
(d) APPLICATION.—An eligible institution shall sub-
mit an application to the Secretary at such time, in such 
a manner, and containing such information as determined 
by the Secretary. 
(e) USE OF FUNDS.—Funds awarded under this sec-
tion to a participating eligible institution shall be used to 
waive or significantly reduce tuition and fees for eligible 
students in an amount of not more than up to the annual 
per-student rebate amount for each student, for not more 
than the first 60 credits an eligible student enrolls in the 
participating eligible institution. 
SEC. 203. DEFINITIONS. 
In this title: 
(1) ELIGIBLE STUDENT.— 
(A) DEFINITION.—The term ‘‘eligible stu-
dent’’ means a student, regardless of age, 
who— 
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(i)(I) enrolls in a historically black 
college or university, or minority-serving 
institution; or 
(II) transfers from a community col-
lege into a historically black college or uni-
versity, or minority-serving institution; 
(ii) attends the historically black col-
lege or university, or minority serving in-
stitution, on at least a half-time basis; 
(iii) maintains satisfactory academic 
progress; and 
(iv) is a low-income student. 
(B) SPECIAL RULES.— 
(i) FIRST 3 YEARS.—An otherwise eli-
gible student shall lose eligibility 3 cal-
endar years after first receiving benefits 
under this title. 
(ii) SPECIAL RULE FOR CERTAIN STU-
DENTS.—Notwithstanding 
subparagraph 
(A)(i), an otherwise eligible student whose 
parent or guardian was denied a Federal 
Direct PLUS loan under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.) after November 2011 and be-
fore March 29, 2015, and who subse-
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quently withdrew from a historically black 
college or university, or minority-serving 
institution, and has not yet completed a 
program of study at such historically black 
college or university or minority-serving in-
stitution, shall be eligible to participate 
under section 201 or 202 in order to com-
plete such program of study, subject to all 
other requirements of section 201 or 202 
(as the case may be). 
(2) HISTORICALLY
BLACK
COLLEGE
OR
UNI-
VERSITY.—The term ‘‘historically black college or 
university’’ means a part B institution described in 
section 322(2) of the Higher Education Act of 1965 
(20 U.S.C. 1061(2)). 
(3) LOW-INCOME STUDENT.—The term ‘‘low-in-
come student’’— 
(A) shall include any student eligible for a 
Federal Pell Grant under section 401 of the 
Higher Education Act of 1965 (20 U.S.C. 
1070a); and 
(B) may include a student ineligible for a 
Federal Pell Grant under section 401 of the 
Higher Education Act of 1965 (20 U.S.C. 
1070a) who is determined by the institution to 
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be a low-income student based on an analysis of 
the student’s ability to afford the cost of at-
tendance at the institution. 
(4) 
MINORITY-SERVING
INSTITUTION.—The 
term ‘‘minority-serving institution’’ means any pub-
lic or not-for-profit institution of higher education— 
(A) described in paragraphs (2) through 
(7) of section 371(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1067q); and 
(B) designated as a minority-serving insti-
tution by the Secretary. 
SEC. 204. APPROPRIATIONS. 
(a) AUTHORIZATION
AND
APPROPRIATIONS
FOR 
HBCU AND MSI GRANTS.—For the purpose of carrying 
out sections 201 and 202, there are authorized to be ap-
propriated, and there are appropriated— 
(1) $61,050,000 for fiscal year 2018; 
(2) $199,800,000 for fiscal year 2019; 
(3) $1,189,920,000 for fiscal year 2020; 
(4) $1,237,650,000 for fiscal year 2021; 
(5) $1,287,600,000 for fiscal year 2022; 
(6) $1,338,660,000 for fiscal year 2023; 
(7) $1,359,750,000 for fiscal year 2024; 
(8) $1,449,660,000 for fiscal year 2025; 
(9) $1,508,490,000 for fiscal year 2026; and 
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