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 Minority- 
Serving 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 Univer-
sities, Tribal Colleges and Universities, and Minority- 
Serving Institutions, and for other purposes. 
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 2021’’. 
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TITLE 
I—STATE 
AND 
INDIAN 
TRIBE GRANTS FOR COMMU-
NITY COLLEGES 
SEC. 101. PROGRAM AUTHORIZED. 
Title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.) is amended by adding at the end 
the following: 
‘‘PART J—AMERICA’S COLLEGE PROMISE 
FEDERAL–STATE PARTNERSHIP 
‘‘Subpart 1—State and Indian Tribe Grants for 
Community Colleges 
‘‘SEC. 499A. IN GENERAL. 
‘‘From amounts appropriated under section 499G 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 499E. 
‘‘SEC. 499B. FEDERAL SHARE; NON-FEDERAL SHARE. 
‘‘(a) FEDERAL SHARE.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the amount of the Federal share of a grant under 
this subpart shall be based on a formula, determined 
by the Secretary, that provides, for each eligible stu-
dent in the State or Indian tribe, a per-student 
amount that is equal to 75 percent of— 
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‘‘(A) for the 2022–2023 award year, the 
average resident community college tuition and 
fees per student in all States for the most re-
cent year for which data are available; and 
‘‘(B) for each subsequent award year, the 
amount determined under this paragraph for 
the preceding award year, increased by the less-
er of— 
‘‘(i) a percentage equal to the esti-
mated percentage increase in the Con-
sumer Price Index (as determined by the 
Secretary) since the date of such deter-
mination; or 
‘‘(ii) 3 percent. 
‘‘(2) INDIAN TRIBES.—The amount of the Fed-
eral share for an Indian tribe receiving a grant 
under this subpart shall be the lesser of— 
‘‘(A) the amount determined in accordance 
with paragraph (1) with respect to such tribe; 
or 
‘‘(B) the amount that is 95 percent of the 
total amount needed to waive tuition and fees 
for all eligible students enrolled in the commu-
nity colleges operated or controlled by such 
tribe. 
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‘‘(b) STATE OR TRIBAL SHARE.— 
‘‘(1) FORMULA.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the State or tribal share of a grant 
under this subpart for each fiscal year shall be 
the amount needed to pay 25 percent of the av-
erage resident community college tuition and 
fees per student in the 2022–2023 award year 
for all eligible students in the State or tribe for 
such fiscal year. 
‘‘(B) INDIAN TRIBES.—The tribal share of 
a grant awarded to an Indian tribe under this 
subpart for each fiscal year shall be the lesser 
of— 
‘‘(i) the amount determined in accord-
ance with subparagraph (A) with respect 
to such tribe; or 
‘‘(ii) 5 percent of the total amount 
needed to waive tuition and fees for all eli-
gible students enrolled in the community 
colleges operated or controlled by such 
tribe. 
‘‘(2) NEED-BASED
AID.—A State or Indian 
tribe may include, as part of the State or tribal 
share, any need-based financial aid that— 
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‘‘(A) is provided from State or tribal funds 
to an eligible student; and 
‘‘(B) may be used by such student to pay 
costs of attendance other than tuition and fees. 
‘‘(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). 
‘‘(c) DETERMINING NUMBER
OF ELIGIBLE STU-
DENTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a) and (b), the Secretary shall develop and imple-
ment a formula for accurately estimating the num-
ber of eligible students in a State or Indian tribe 
and for making adjustments based on the number of 
eligible students enrolled on less than a full-time 
basis and the associated tuition and fees charged to 
such students in proportion to the degree to which 
each such student is not attending on a full-time 
basis. 
‘‘(2) INITIAL DETERMINATION.—For the first 
year for which grants are awarded under this sub-
part, the number of eligible students in a State or 
Indian tribe shall be considered to be equal to the 
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number of eligible students who were in the State or 
tribe for the preceding school year. 
‘‘(d) ADJUSTMENT OF GRANT AMOUNT.—Not later 
than 180 days after the date on which a State or Indian 
tribe receives a grant under this subpart, the Secretary 
shall— 
‘‘(1) in consultation with the State or tribe con-
cerned, determine whether the actual number of eli-
gible students in the State or Tribe for the year cov-
ered by the grant is greater than the estimated num-
ber of such students that was used to determine the 
amount of the grant; and 
‘‘(2) in the case of a determination under para-
graph (1) that the actual number of eligible students 
in the State or Tribe is higher than such estimate, 
issue a supplementary grant payment to the State or 
tribe in an amount that ensures that the total 
amount of the grant funds received by the State or 
tribe under this subpart for the year covered by the 
grant accurately reflects the higher number of eligi-
ble students. 
‘‘SEC. 499C. APPLICATIONS. 
‘‘(a) SUBMISSION.—In order to receive a grant under 
this subpart, a State or tribe shall submit an application 
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to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(b) CONTENTS.—Each application under subsection 
(a) shall include— 
‘‘(1) an estimate of the number of eligible stu-
dents in the State or Indian tribe and the cost of 
waiving community college tuition and fees for all el-
igible students for each fiscal year covered by the 
grant; 
‘‘(2) an assurance that each community college 
in the State, or operated or controlled by the Indian 
tribe, as applicable, will waive tuition and fees for el-
igible students in accordance with section 499D(a); 
‘‘(3) a description of the promising and evi-
dence-based institutional reforms and innovative 
practices to improve student outcomes, including 
transfer and completion rates, that have been or will 
be adopted by each such community college, such 
as— 
‘‘(A) providing comprehensive academic, 
career, and student support services (including 
mentoring, advising, case management services, 
and career pathway navigation), especially for 
low-income, first-generation, and adult stu-
dents, and other students belonging to racial 
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and other groups that are historically underrep-
resented in higher education; 
‘‘(B) providing direct support services, or 
assistance in applying for such services, such 
as— 
‘‘(i) childcare, transportation, and 
emergency financial assistance; 
‘‘(ii) assistance in obtaining health in-
surance coverage and accessing health care 
services, including behavioral and mental 
health services; 
‘‘(iii) affordable housing; 
‘‘(iv) nutrition assistance programs or 
free or discounted food; and 
‘‘(v) means-tested Federal benefit pro-
grams, or similar State, tribal, or local 
benefit programs; 
‘‘(C) providing accelerated learning oppor-
tunities, such as dual or concurrent enrollment 
programs, including early college high school 
programs, and reforming course scheduling and 
credit awarding policies to better meet the 
needs of students and shorten time to comple-
tion; 
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‘‘(D) strengthening and reforming remedial 
and developmental education, especially for low- 
income, first-generation, and adult students, 
and other students belonging to racial and 
other groups that are historically underrep-
resented in higher education, including through 
the use of multiple measures (such as a stu-
dent’s college entrance examination score, grade 
point average, high school course list, or a 
placement examination) to identify students in 
need of remedial education; 
‘‘(E) utilizing career pathways, including 
through building capacity for career and tech-
nical education as defined in section 3(5) of the 
Carl D. Perkins Career and Technical Edu-
cation Act of 2006 (20 U.S.C. 2302(5)) and 
programs of study as defined in section 3(41) 
of such Act (20 U.S.C. 2302(41)), or degree 
pathways; or 
‘‘(F) providing expanded opportunities for 
participating in work-based learning, which may 
include apprenticeship programs, in students’ 
programs of study; 
‘‘(4) 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; 
‘‘(5) an assurance that each community college 
in the State or under the authority of the Indian 
tribe have entered into program participation agree-
ments under section 487; 
‘‘(6) an assurance that the State or Indian tribe 
will, to the maximum extent practicable, assist eligi-
ble students in obtaining information about and ac-
cessing means-tested Federal benefit programs and 
similar, State, tribal, and local benefit programs for 
which such students may be eligible; 
‘‘(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 subpart; 
‘‘(8) if the application is submitted by a 
State— 
‘‘(A) a description of how the State will 
support the scaling and increased adoption of 
the reforms and practices described in para-
graph (3); 
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‘‘(B) an assurance that the State will, to 
the extent practicable, consider changes to 
State law that will enable more community col-
lege students to be eligible for means-tested 
Federal benefit programs and similar State 
benefit programs; 
‘‘(C) an assurance that the State will meet 
the requirements of section 499D(b)(1) relating 
to the alignment of secondary and postsec-
ondary education; and 
‘‘(D) an assurance that the State will meet 
the requirements of section 499D(b)(2) relating 
to the improvement of transfer pathways be-
tween institutions of higher education; and 
‘‘(9) an assurance that the State or Indian tribe 
will clearly communicate to prospective students, 
their families, and the general public— 
‘‘(A) plans to implement the program 
funded under this subpart; and 
‘‘(B) how eligible students can attend a 
community college operated by the State or 
tribe without paying the cost of tuition and 
fees. 
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‘‘SEC. 499D. PROGRAM REQUIREMENTS. 
‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN-
DIAN TRIBES.—As a condition of receiving a grant under 
this subpart a State or Indian tribe shall meet the fol-
lowing requirements: 
‘‘(1) For each year of the grant the total 
amount of community college tuition and fees 
charged to an eligible student in the State or Indian 
tribe shall be $0. 
‘‘(2) For each year of the grant no amount of 
financial assistance for which an eligible student 
qualifies may be applied to such tuition or fees. 
‘‘(b) STATE REQUIREMENTS.—As a condition of re-
ceiving a grant under this subpart a State shall meet the 
following requirements: 
‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU-
CATION.— 
‘‘(A) IN GENERAL.—The State shall— 
‘‘(i) submit a plan to align the re-
quirements for receiving a regular high 
school diploma from public schools in the 
State with the requirements for entering 
credit-bearing coursework at community 
colleges in such State; and 
‘‘(ii) not later than 3 years after the 
date on which the State first receives a 
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grant under this subpart, certify to the 
Secretary that such alignment has been 
achieved. 
‘‘(B) FAILURE TO CERTIFY.—If a State 
does not provide the certification required 
under subparagraph (A) by the date specified in 
such subparagraph, the State shall submit to 
the Secretary, at such time and in such manner 
as the Secretary may require— 
‘‘(i) a written explanation for the 
delay in making the certification; and 
‘‘(ii) a plan that will enable the State 
to make the certification by not later than 
5 years after the date on which the State 
first received a grant under this subpart. 
‘‘(2) TRANSFER PATHWAYS.— 
‘‘(A) IN GENERAL.—The State shall— 
‘‘(i) submit a plan, developed in col-
laboration with faculty from institutions of 
higher education in the State, to improve 
transfer pathways between institutions of 
higher education in the State, including 
by— 
‘‘(I) ensuring that associate de-
grees awarded by community colleges 
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in the State are fully transferable to, 
and credited as, the first 2 years of 
related baccalaureate programs at 
public institutions of higher education 
in such State; and 
‘‘(II) ensuring that students at-
tending community colleges in the 
State have access to comprehensive 
counseling regarding the process for 
transferring to a four-year institution 
of higher education; and 
‘‘(ii) not later than 3 years after the 
date on which the State first receives a 
grant under this subpart, certify to the 
Secretary that the State is carrying out 
the plan submitted in accordance with 
clause (i) and is meeting the requirements 
of subclauses (I) and (II) of such clause. 
‘‘(B) FAILURE TO CERTIFY.—If a State 
does not provide the certification required 
under subparagraph (A) by the date specified in 
such subparagraph, the State shall submit to 
the Secretary, at such time and in such manner 
as the Secretary may require— 
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for activities described in subsection (a), the State or In-
dian tribe may use those funds to carry out one or more 
of the following: 
‘‘(1) Enhancing the quality and equity of public 
higher education to improve student outcomes, in-
cluding transfer and completion rates and labor 
market outcomes. 
‘‘(2) Investing in and diversifying the academic 
workforce. 
‘‘(3) Expanding the scope and capacity of high- 
quality academic and occupational skills training 
programs at community colleges, which may include 
collaboration with one or more industry or sector 
partnerships (as defined in section 3 of the Work-
force Innovation and Opportunity Act (29 U.S.C. 
3201)). 
‘‘(4) Improving postsecondary education readi-
ness in the State or Indian tribe, including through 
outreach and early intervention. 
‘‘(5) Expanding access to dual or concurrent 
enrollment programs, such as early college high 
school programs. 
‘‘(6) Reducing unmet need at public 4-year in-
stitutions of higher education. 
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‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR-
POSES.—A State or Indian tribe that receives a grant 
under this subpart may not use any funds provided under 
this subpart for administrative purposes relating to such 
grant. 
‘‘(d) MAINTENANCE OF EFFORT.—A State or Indian 
tribe receiving a grant under this subpart shall be entitled 
to receive its full allotment of funds under this subpart 
for a fiscal year only if, for each year of the grant, the 
State or Indian tribe provides— 
‘‘(1) State fiscal support for higher education 
per FTE student at a level equal to or exceeding the 
average amount of State fiscal support for higher 
education per FTE student provided for the 3 con-
secutive preceding fiscal years; 
‘‘(2) financial support for operational expenses 
(excluding capital expenses and research and devel-
opment costs) for public four-year institutions of 
higher education at a level equal to or exceeding the 
average amount provided for the 3 consecutive pre-
ceding State or Indian tribe fiscal years; and 
‘‘(3) financial support for need-based financial 
aid at a level equal to or exceeding the average 
amount provided for the 3 consecutive preceding 
State or Indian tribe fiscal years. 
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‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this subpart shall be used to supplement, 
and not supplant, other Federal, State, tribal, and local 
funds that would otherwise be expended to carry out ac-
tivities described in this section. 
‘‘(f) REPORT REQUIREMENTS.— 
‘‘(1) REPORTING
BY
STATES
AND
INDIAN 
TRIBES.—A State or Indian tribe receiving a grant 
under this subpart shall submit to the Secretary an 
annual report that shall include— 
‘‘(A) the uses of grant funds under this 
subpart; 
‘‘(B) the progress made in fulfilling the re-
quirements of the grant; 
‘‘(C) the rates of transfer, graduation, and 
attainment of recognized postsecondary creden-
tials 
at 
participating 
community 
colleges, 
disaggregated by race, ethnicity, income, and 
age; and 
‘‘(D) any other information that the Sec-
retary may require. 
‘‘(2) REPORTING
BY
SECRETARY.—The Sec-
retary shall, on an annual basis— 
‘‘(A) compile and analyze the information 
described in paragraph (1); and 
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‘‘(B) prepare and submit to the author-
izing committees a report— 
‘‘(i) containing the analysis described 
in subparagraph (A); and 
‘‘(ii) an identification of State and In-
dian tribe best practices for achieving the 
purpose of this subpart. 
‘‘(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 
practices to improve student outcomes and shall dissemi-
nate such best practices among the States and Indian 
tribes. 
‘‘(h) CONTINUATION OF FUNDING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or Indian tribe receiving a grant 
under this subpart for a fiscal year may continue to 
receive funding under this subpart for future fiscal 
years conditioned on the availability of budget au-
thority 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 subpart if the State or Indian tribe has 
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violated the terms of the grant or is not making ade-
quate progress in implementing the reforms de-
scribed in the application submitted under section 
499C. 
‘‘SEC. 499F. AUTOMATIC STABILIZERS FOR AMERICA’S COL-
LEGE PROMISE. 
‘‘(a) MAINTENANCE OF EFFORT RELIEF.—Notwith-
standing subsection (d) of section 499E, a State that 
meets the qualifying spending requirements may request 
a waiver of the requirements under such subsection (d). 
The Secretary shall waive the requirements of such sub-
section (d) for a State that makes a qualifying request 
under this paragraph as follows: 
‘‘(1) TIER I.—With respect to each State eligi-
ble for relief under tier I, such requirements shall be 
waived for the fiscal year succeeding the fiscal year 
in which the determination of the State’s eligibility 
for such relief is made. 
‘‘(2) TIERS II THROUGH V.—With respect to 
each State eligible for relief under tier II, III, IV, 
or V, such requirements shall be waived, in accord-
ance 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. 
‘‘(b) MATCH RELIEF.— 
‘‘(1) STATE MATCH RELIEF.—Notwithstanding 
subsection (b) of section 499B, a State that is eligi-
ble for relief under tier II, III, IV, or V may request 
relief with respect to the requirements of such sub-
section (b). The Secretary shall provide relief from 
the requirements of such subsection (b), for the ap-
plicable fiscal year or years, for a State that makes 
a qualifying request under this paragraph as follows: 
‘‘(A) TIER
II.—With respect to a State 
that is eligible for relief under tier II, the Sec-
retary shall— 
‘‘(i) apply section 499B(a)(1) by sub-
stituting ‘80 percent’ for ‘75 percent’; and 
‘‘(ii) apply section 499B(b)(1)(A) by 
substituting ‘20 percent’ for ‘25 percent’. 
‘‘(B) TIER III.—With respect to a State 
that is eligible for relief under tier III, the Sec-
retary shall— 
‘‘(i) apply section 499B(a)(1) by sub-
stituting ‘85 percent’ for ‘75 percent’; and 
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