(B) undue administrative burdens on the 
Governor. 
(3) 
FURTHER
ADJUSTMENTS.—Notwith-
standing paragraphs (1) and (2), the Governor may 
prioritize the making or amount of tuition and fee 
payments under this subsection based on the income 
and need of eligible students. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means an institution that— 
(A) is a public four-year institution of 
higher education located in one of the several 
States, the District of Columbia, Puerto Rico, 
or Guam; 
(B) is eligible to participate in the student 
financial assistance programs under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.); and 
(C) enters into an agreement with the Gov-
ernor containing such terms and conditions as 
the Governor and institution may jointly speci-
fy, including a requirement that the institution 
use the funds made available under this section 
to supplement and not supplant assistance that 
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otherwise would be provided to eligible students 
from the United States Virgin Islands. 
(2) ELIGIBLE
STUDENT.—The term ‘‘eligible 
student’’ means an individual who— 
(A) was domiciled in the United States 
Virgin Islands for not less than the 12 consecu-
tive months preceding the commencement of the 
freshman year at an institution of higher edu-
cation; 
(B) graduated from a secondary school in 
the United States Virgin Islands, or received 
the recognized equivalent of a secondary school 
diploma while domiciled in the United States 
Virgin Islands, on or after January 1, 2013; 
(C) begins the individual’s undergraduate 
course of study within the three calendar years 
(excluding any period of service on active duty 
in the Armed Forces, or service under the 
Peace Corps Act (22 U.S.C. 2501 et seq.) or 
subtitle D of title I of the National and Com-
munity Service Act of 1990 (42 U.S.C. 12571 
et seq.)) of graduation from a secondary school, 
or obtaining the recognized equivalent of a sec-
ondary school diploma; 
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(D) is enrolled or accepted for enrollment, 
on at least a half-time basis, in a baccalaureate 
degree or other program (including a program 
of study abroad approved for credit by the insti-
tution at which such student is enrolled) lead-
ing to a recognized educational credential at an 
eligible institution; 
(E) if enrolled in an eligible institution, is 
maintaining satisfactory progress in the course 
of study the student is pursuing in accordance 
with section 484(c) of the Higher Education 
Act of 1965 (20 U.S.C. 1091(c)); 
(F) while enrolled in an eligible institution, 
maintains the United States Virgin Islands as 
the individual’s principal place of residence for 
purposes of the laws of the United States Vir-
gin Islands; and 
(G) has not completed the individual’s first 
undergraduate baccalaureate course of study. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(4) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the United States Virgin Islands. 
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(5) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given the term in 
section 8101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(d) CONSTRUCTION.—Nothing in this Act shall be 
construed to require an institution of higher education to 
alter the institution’s admissions policies or standards in 
any manner to enable an eligible student to enroll in the 
institution. 
(e) APPLICATIONS.—Each student desiring a tuition 
payment under this section shall submit an application to 
the eligible institution at such time, in such manner, and 
accompanied by such information as the eligible institution 
may require. 
(f) ADMINISTRATION OF PROGRAM.— 
(1) IN
GENERAL.—The Governor shall carry 
out the program under this section in consultation 
with the Secretary. The Governor may enter into a 
grant, contract, or cooperative agreement with an-
other public or private entity to administer the pro-
gram under this section if the Governor determines 
that doing so is a more efficient way of carrying out 
the program. 
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(2) POLICIES
AND
PROCEDURES.—The Gov-
ernor, in consultation with institutions of higher 
education eligible for participation in the program 
authorized under this section, shall develop policies 
and procedures for the administration of the pro-
gram. 
(3) MEMORANDUM OF AGREEMENT.—The Gov-
ernor and the Secretary shall enter into a Memo-
randum of Agreement that describes— 
(A) the manner in which the Governor 
shall consult with the Secretary with respect to 
administering the program under this section; 
and 
(B) any technical or other assistance to be 
provided to the Governor by the Secretary for 
purposes of administering the program under 
this section (which may include access to the in-
formation in the common financial reporting 
form developed under section 483 of the Higher 
Education Act of 1965 (20 U.S.C. 1090)). 
(g) GOVERNOR’S REPORT.—The Governor shall re-
port to Congress annually regarding— 
(1) the number of eligible students attending 
each eligible institution and the amount of the grant 
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awards paid to those institutions on behalf of the eli-
gible students; 
(2) the extent, if any, to which a ratable reduc-
tion was made in the amount of tuition and fee pay-
ments made on behalf of eligible students; and 
(3) the progress in obtaining recognized aca-
demic credentials of the cohort of eligible students 
for each year. 
(h) GAO REPORT.—Beginning on the date of the en-
actment of this Act, the Comptroller General of the United 
States shall monitor the effect of the program assisted 
under this section on educational opportunities for eligible 
students. The Comptroller General shall analyze whether 
eligible students had difficulty gaining admission to eligi-
ble institutions because of any preference afforded in- 
State residents by eligible institutions, and shall expedi-
tiously report any findings regarding such difficulty to 
Congress and the Governor. In addition, the Comptroller 
General shall— 
(1) analyze the extent to which there are an in-
sufficient number of eligible institutions to which 
United States Virgin Islands students can gain ad-
mission, including admission aided by assistance 
provided under this Act, due to— 
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(A) caps on the number of out-of-State 
students the institution will enroll; 
(B) significant barriers imposed by aca-
demic entrance requirements (such as grade 
point average and standardized scholastic ad-
missions tests); and 
(C) absence of admission programs bene-
fiting minority students; and 
(2) report the findings of the analysis described 
in paragraph (1) to Congress and the Governor. 
(i) AUTHORIZATION
OF
APPROPRIATIONS.—The 
United States Virgin Islands is authorized to appropriate 
to carry out this section, out of non-Federal funds of the 
United States Virgin Islands, $10,000,000 for each of the 
fiscal years 2017 through 2022, and such sums as may 
be necessary for each of the succeeding fiscal years. Such 
funds shall remain available until expended. 
(j) EFFECTIVE DATE.—This section shall take effect 
with respect to payments for periods of instruction that 
begin on or after January 1, 2017. 
SEC. 4. GENERAL REQUIREMENTS. 
(a) PERSONNEL.—The Secretary of Education shall 
arrange for the assignment of an individual, pursuant to 
subchapter VI of chapter 33 of title 5, United States Code, 
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to serve as an adviser to the Governor with respect to the 
programs assisted under this Act. 
(b) ADMINISTRATIVE
EXPENSES.—The Governor 
may use not more than 5 percent of the funds made avail-
able for a program under section 3 for a fiscal year to 
pay the administrative expenses of a program under sec-
tion 3 for the fiscal year. 
(c) INSPECTOR GENERAL REVIEW.—Each of the pro-
grams assisted under this Act shall be subject to audit 
and other review by the Inspector General of the Depart-
ment of Education in the same manner as programs are 
audited and reviewed under the Inspector General Act of 
1978 (5 U.S.C. App.). 
(d) GIFTS.—The Governor may accept, use, and dis-
pose of donations of services or property for purposes of 
carrying out this Act. 
(e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 
The Governor shall establish rules to adjust the maximum 
student amounts described in section 3(a)(2)(B) for eligi-
ble students described in section 3(c)(2) who transfer be-
tween the eligible institutions described in section 
3(c)(1)(A). 
Æ 
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