‘‘(ii) apply section 499B(b)(1)(A) by 
substituting ‘15 percent’ for ‘25 percent’. 
‘‘(C) TIER IV.—With respect to a State 
that is eligible for relief under tier IV, the Sec-
retary shall— 
‘‘(i) apply section 499B(a)(1) by sub-
stituting ‘90 percent’ for ‘75 percent’; and 
‘‘(ii) apply section 499B(b)(1)(A) by 
substituting ‘10 percent’ for ‘25 percent’. 
‘‘(D) TIER
V.—With respect to a State 
that is eligible for relief under tier V, the Sec-
retary shall— 
‘‘(i) apply section 499B(a)(1) by sub-
stituting ‘95 percent’ for ‘75 percent’; and 
‘‘(ii) apply section 499B(b)(1)(A), by 
substituting ‘5 percent’ for ‘25 percent’. 
‘‘(2) APPLICABLE FISCAL YEARS.—With respect 
to each State eligible for relief under tier II, III, IV, 
or V, the Secretary shall provide the relief under 
paragraph (1), in accordance with subsection (d), 
for— 
‘‘(A) the fiscal year in which the deter-
mination of the State’s eligibility for such relief 
is made; 
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‘‘(B) the fiscal year succeeding the fiscal 
year described in subparagraph (A); or 
‘‘(C) both such fiscal years. 
‘‘(c) STATE ELIGIBILITY.—A State’s eligibility for re-
lief under this section shall be determined as follows: 
‘‘(1) TIER I.—A State shall be eligible for relief 
under tier I for a fiscal year in which— 
‘‘(A)(i) the State was in an elevated unem-
ployment period at any point in the fiscal year; 
or 
‘‘(ii) the Nation as a whole in an elevated 
unemployment period at any point in the fiscal 
year; and 
‘‘(B) the State is not eligible for relief 
under any other tier. 
‘‘(2) TIER II.—A State shall be eligible for re-
lief under tier II for a fiscal year in which— 
‘‘(A)(i) the State average unemployment 
rate was equal to or greater than 6.5 percent 
but less than 7.5 percent at any point in the 
fiscal year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 6.5 percent but 
less than 7.5 percent at any point in the fiscal 
year; and 
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‘‘(B) the State is not eligible for relief 
under tier III, IV, or V. 
‘‘(3) TIER III.—A State shall be eligible for re-
lief under tier III for a fiscal year in which— 
‘‘(A)(i) the State average unemployment 
rate was equal to or greater than 7.5 percent 
but less than 8.5 percent at any point in the 
fiscal year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 7.5 percent but 
less than 8.5 percent at any point in the fiscal 
year; and 
‘‘(B) the State is not eligible for relief 
under tier IV or V. 
‘‘(4) TIER IV.—A State shall be eligible for re-
lief under tier IV for a fiscal year in which— 
‘‘(A)(i) the State average unemployment 
rate was equal to or greater than 8.5 percent 
but less than 9.5 percent at any point in the 
fiscal year; or 
‘‘(ii) the national average unemployment 
rate is equal to or greater than 8.5 percent but 
less than 9.5 percent at any point in the fiscal 
year; and 
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‘‘(B) the State is not eligible for relief 
under tier V. 
‘‘(5) TIER V.—A State shall be eligible for relief 
under tier V for a fiscal year in which— 
‘‘(A) the State average unemployment rate 
was equal to or greater than 9.5 percent at any 
point in the fiscal year; or 
‘‘(B) the national average unemployment 
rate is equal to or greater than 9.5 percent at 
any point in the fiscal year. 
‘‘(d) DISCRETION IN THE PROVISION OF RELIEF.— 
In determining the fiscal years for which to provide relief 
in accordance with subsections (a)(2) and (b) to a State 
that is eligible under tier II, III, IV, or V, the Secretary 
shall take into account the following: 
‘‘(1) In the case of a State that requests relief 
under subsection (a)(2), the fiscal years for which 
the State requests such relief, including— 
‘‘(A) if the State requests such relief for 
the fiscal year for which the determination of 
the State’s eligibility for such relief is made, the 
amount by which the State is unable to meet 
the requirements of section 499E(d) for such 
fiscal year; and 
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‘‘(B) if the State requests such relief for 
the fiscal year succeeding the year described in 
subparagraph (A), the amount by which the 
State anticipates being unable to meet such re-
quirements for such succeeding fiscal year. 
‘‘(2) In the case of a State that requests relief 
under subsection (b), the fiscal years for which the 
State requests such relief, including— 
‘‘(A) if the State requests such relief for 
the fiscal year for which the determination of 
the State’s eligibility for such relief is made, the 
extent to which the State is unable to meet the 
requirements of section 499B(b) for such fiscal 
year; and 
‘‘(B) if the State requests such relief for 
the fiscal year succeeding the year described in 
subparagraph (A), the extent to which the State 
anticipates being unable to meet such require-
ments for such succeeding fiscal year. 
‘‘(3) The actual or anticipated timing, severity, 
and duration of the unemployment rate increase 
during— 
‘‘(A) the fiscal year for which the deter-
mination of the State’s eligibility for such relief 
is made; 
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or V may request relief with respect to the require-
ments of such subsection (b). The Secretary shall 
provide relief from the requirements of section 
499B(b), for the applicable fiscal year or years, for 
an Indian tribe that makes a qualifying request 
under this paragraph, by— 
‘‘(A) with respect to applying section 
499B(a)(1), providing the appropriate relief de-
scribed in subsection (b)(1) of this section; 
‘‘(B) applying section 499B(a)(2)(B) by 
substituting ‘100 percent’ for ‘95 percent’; and 
‘‘(C) applying section 499B(b)(1)(B)(ii), 
by substituting ‘0 percent’ for ‘5 percent’. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) ELEVATED
UNEMPLOYMENT
PERIOD.— 
The term ‘elevated unemployment period’— 
‘‘(A) when used with respect to the Nation 
as a whole, means a consecutive, 3-month pe-
riod in a fiscal year in which the national aver-
age unemployment rate is not less than 0.5 per-
centage points above the lowest national aver-
age unemployment rate for the 12-month period 
preceding such 3-month period; and 
‘‘(B) when used with respect to a State, 
means a consecutive, 3-month period in a fiscal 
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year in which the State average unemployment 
rate is not less than 0.5 percentage points 
above the lowest State average unemployment 
rate the 12-month period preceding such 3- 
month period. 
‘‘(2) QUALIFYING SPENDING REQUIREMENTS.— 
The term ‘qualifying spending requirements’ means 
the requirements that a State not disproportionately 
decrease spending for any of the categories described 
in subparagraphs (A) through (C) of section 
499E(d)(1) relative to such State’s overall, average 
decrease in spending for the 3 consecutive preceding 
fiscal years. 
‘‘(3) 
NATIONAL
AVERAGE
UNEMPLOYMENT 
RATE.—The term ‘national average unemployment 
rate’ means the average (seasonally adjusted) rate of 
total unemployment in all States for a consecutive, 
3-month period in a fiscal year, based on data from 
the Bureau of Labor Statistics of the Department of 
Labor. 
‘‘(4) STATE AVERAGE UNEMPLOYMENT RATE.— 
The term ‘State average unemployment rate’ means 
the average (seasonally adjusted) rate of total unem-
ployment in a State for a consecutive, 3-month pe-
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riod in a fiscal year, based on data from the Bureau 
of Labor Statistics of the Department of Labor. 
‘‘SEC. 499G. APPROPRIATIONS. 
‘‘There are authorized to be appropriated, and there 
are appropriated to carry out this subpart (in addition to 
any other amounts appropriated to carry out this subpart 
and out of any money in the Treasury not otherwise ap-
propriated), such sums as may be necessary for fiscal year 
2022 and each succeeding fiscal year. 
‘‘SEC. 499H. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) APPRENTICESHIP.—The term ‘apprentice-
ship’ means an apprenticeship program registered 
under the Act of August 16, 1937 (commonly known 
as the ‘National Apprenticeship Act’; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.). 
‘‘(2) 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). 
‘‘(3) COMMUNITY COLLEGE.—The term ‘com-
munity college’ means a public institution of higher 
education at which the highest degree that is pre-
dominantly awarded to students is an associate’s de-
gree, including 2-year Tribal Colleges or Universities 
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under section 316 and public 2-year institutions of 
higher education operated by a State. 
‘‘(4) DUAL
OR
CONCURRENT
ENROLLMENT 
PROGRAM.—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). 
‘‘(5) EARLY
COLLEGE
HIGH
SCHOOL.—The 
term ‘early college high school’ has the meaning 
given the term in section 8101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(6) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means a student who— 
‘‘(A) is enrolled in an eligible program (as 
defined in section 481(b)) at a community col-
lege on not less than a half-time basis; 
‘‘(B) either— 
‘‘(i) qualifies for in-State resident 
community college tuition, as determined 
by the State or Indian tribe; or 
‘‘(ii) would qualify for such in-State 
resident community college tuition, but for 
the immigration status of such student; 
and 
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‘‘(C) has not been enrolled (whether full- 
time or less than full-time) for more than 6 se-
mesters (or the equivalent) for which the stu-
dent received a waiver of community college tui-
tion and fees under section 499D(a). 
‘‘(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 
meaning given the term in section 101. 
‘‘(9) MEANS-TESTED FEDERAL BENEFIT PRO-
GRAM.—The term ‘means-tested Federal benefit pro-
gram’ has the meaning given the term in section 
479. 
‘‘(10) 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). 
‘‘(11) STATE
FISCAL
SUPPORT
FOR
HIGHER 
EDUCATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘State fiscal sup-
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port for higher education’, used with respect to 
a State for a fiscal year, means an amount that 
is equal to the gross amount of applicable State 
funds appropriated or dedicated, and expended 
by the State, including funds from lottery re-
ceipts, in the fiscal year, that are used to sup-
port institutions of higher education and stu-
dent financial aid for higher education in the 
State. 
‘‘(B) EXCLUSIONS.—State fiscal support 
for higher education for a State for a fiscal 
year shall not include— 
‘‘(i) funds described in subparagraph 
(A) that are returned to the State; 
‘‘(ii) State-appropriated funds derived 
from Federal sources, including funds pro-
vided under section 499B(b) and section 
499J(b); 
‘‘(iii) amounts that are portions of 
multiyear appropriations to be distributed 
over multiple years that are not to be 
spent for the year for which the calculation 
under this paragraph is being made, sub-
ject to subparagraph (D); 
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