,,ii #aaeth ,,congress #b;d ,session ,s4 #bdhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjah,ms4 ,baldwin 7for herself1 ,mr4 ,brown1 ,mr4 ,cardin1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,harris1 ,mr4 ,heinrich1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,leahy1 ,mr4 ,menendez1 ,mr4 ,van ,hollen1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to provide greater access to higher education for ,america's students4 #a4 ,short title ,this ,act may be cited as the ,america's ,college ,promise ,act of #bjah4 #b4 ,purpose ,the purpose of this ,act is to help all individuals of the ,united ,states earn the education and skills the individuals need-- 7#a7 by making #b years of community college free1 through a new partnership with ,states and ,indian ,tribes to help the ,states and ,indian ,tribes-- 7,a7 waive resident community college tuition and fees for eligible students2 7,b7 maintain ,state and ,indian ,tribe support for higher education2 and 7,c7 promote key reforms to improve student outcomes2 and 7#b7 through a new partnership with minority-serving institutions to-- 7,a7 encourage eligible students to enroll and successfully complete a baccalaureate degree at participating institutions2 and 7,b7 promote key reforms to improve student outcomes4 ,i ,,state ,,and ,,indian ,,tribe ,,grants ,,for ,,community ,,colleges #aja4 ,in general ,from amounts appropriated under section #ajg7;a7 for any fiscal year1 the ,secretary shall award grants to eligible ,states and ,indian ,tribes to pay the ,federal share of expenditures needed to carry out the activities and services described in section #aje4 #ajb4 ,federal share2 non-,federal share 7a7 ,federal share 7#a7 ,formula ,subject to paragraph 7#b71 the ,federal share of a grant under this title shall be based on a formula1 determined by the ,secretary1 that-- 7,a7 accounts for the ,state or ,indian ,tribe's share of eligible students2 and 7,b7 provides1 for each eligible student in the ,state or ,indian ,tribe1 a per-student amount that is-- 7i7 not less than #cjj percent of the per-student amount of the ,state or ,indian ,tribe share1 determined under subsection 7b71 subject to clause 7ii72 and 7ii7 not greater than #ge percent of-- 7,i7 for the #bjai-bjbj award year1 the average resident community college tuition and fees per student in all ,states for the most recent year for which data are available2 and 7,,ii7 for each subsequent award year1 the average resident community college tuition and fees per student in all ,states calculated under this subclause for the preceding year1 increased by the lesser of-- 7aa7 the percentage by which the average resident community college tuition and fees per student in all ,states for the most recent year for which data are available increased as compared to such average for the preceding year2 or 7bb7 #c percent4 7#b7 ,exception for certain ,indian ,tribes ,in any case in which not less than #ge percent of the students at the community colleges operated or controlled by an ,indian ,tribe are low-income students1 the amount of the ,federal share for such ,indian ,tribe shall be not less than #ie percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges4 7b7 ,state or ,tribal share 7#a7 ,formula 7,a7 ,in general ,the ,state or ,tribal share of a grant under this title for each fiscal year shall be the amount needed to pay #be percent of the average community college resident tuition and fees per student in all ,states in the #bjai-bjbj award year for all eligible students in the ,state or ,indian ,tribe1 respectively1 for such fiscal year1 except as provided in subparagraph 7,b74 7,b7 ,exception for certain ,indian ,tribes ,in a case in which not less than #e percent of the students at the community colleges operated or controlled by an ,indian ,tribe are low-income students1 the amount of such ,indian ,tribe's tribal share shall not exceed #e percent of the total amount needed to waive tuition and fees for all eligible students enrolled in such community colleges4 7#b7 ,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 share4 7#c7 ,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 7#a74 #ajc4 ,eligibility ,to be eligible for a grant under this title1 a ,state or ,indian ,tribe shall agree to waive community college resident tuition and fees for all eligible students for each year of the grant4 #ajd4 ,applications 7a7 ,submission ,for each fiscal year for which a ,state or ,indian ,tribe desires a grant under this title1 an application shall be submitted to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,such application shall be submitted by-- 7#a7 in the case of a ,state1 the ,governor1 the ,state agency with jurisdiction over higher education1 or another agency designated by the ,governor to administer the program under this title2 or 7#b7 in the case of an ,indian ,tribe1 the governing body of such ,tribe4 7b7 ,contents ,each ,state or ,indian ,tribe application shall include1 at a minimum-- 7#a7 an estimate of the number of eligible students 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 grant1 with annual increases of an amount that shall not exceed #c percent of the prior year's average resident community college tuition and fees2 7#b7 an assurance that all community colleges in the ,state or under the jurisdiction of the ,indian ,tribe1 respectively1 will waive resident tuition and fees for eligible students in programs that are-- 7,a7 academic programs with credits that can fully transfer via articulation agreement toward a baccalaureate degree or post-baccalaureate degree at any public institution of higher education in the ,state2 or 7,b7 occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the ,state2 7#c7 a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes1 including completion or transfer rates1 that have been or will be adopted by the participating community colleges1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising1 especially for low-income1 first-generation1 adult1 and other underrepresented students2 7,b7 providing accelerated learning opportunities1 such as dual or concurrent enrollment programs1 including early college high school programs2 7,c7 advancing competency-based education2 7,d7 strengthening remedial education1 especially for low-income1 first-generation1 adult and other underrepresented students2 7,e7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 or 7,f7 utilizing career pathways or degree pathways2 7#d7 a description of how the ,state or ,indian ,tribe will promote alignment between its public secondary school and postsecondary education systems1 including between #b-year and #d-year public institutions of higher education and with minority-serving institutions described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a771 to expand awareness of and access to postsecondary education1 reduce the need for remediation and repeated coursework1 and improve student outcomes2 7#e7 a description of how the ,state or ,indian ,tribe will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the ,state under section #abc7;a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caec7;a77 or other quality criteria determined appropriate by the ,state or ,indian ,tribe2 7#f7 an assurance that all participating community colleges in the ,state or under the authority of the ,indian ,tribe have entered into program participation agreements under section #dhg of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajid72 and 7#g7 an assurance that1 for each year of the grant1 the ,state or ,indian ,tribe will notify each eligible student of the student's remaining eligibility for assistance under this title4 #aje4 ,allowable uses of funds 7a7 ,in general ,a ,state or ,indian ,tribe shall use a grant under this title only to provide funds to participating community colleges to waive resident tuition and fees for eligible students who are enrolled in-- 7#a7 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 ,state2 or 7#b7 occupational skills training programs that lead to a recognized postsecondary credential that is in an in-demand industry sector or occupation in the ,state4 7b7 ,additional uses ,if a ,state or ,indian ,tribe demonstrates to the ,secretary that it has grant funds remaining after meeting the demand for activities described in subsection 7a71 the ,state or ,indian ,tribe may use those funds to carry out one or more of the following3 7#a7 ,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 time1 and who meet the student eligibility requirements of clauses 7i7 through 7v7 of section #ajf7e77;,a74 7#b7 ,expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges4 7#c7 ,improving postsecondary education readiness in the ,state or ,indian ,tribe1 through outreach and early intervention4 7#d7 ,expanding access to dual or concurrent enrollment programs1 including early college high school programs4 7#e7 ,improving affordability at #d-year public institutions of higher education4 7c7 ,use of funds for administrative purposes ,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 title4 7d7 ,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 if1 for each year of the grant1 the ,state or ,indian ,tribe provides financial support for public higher education at a level equal to or exceeding the average amount provided per full-time equivalent student for public institutions of higher education for the #c consecutive preceding ,state or ,indian ,tribe fiscal years4 ,in making the calculation under this subsection1 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 education4 7e7 ,annual report 7#a7 ,in general ,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 title1 the progress made in fulfilling the requirements of the grant1 and rates of graduation1 transfer and attainment of recognized postsecondary credentials at participating community colleges1 and including any other information as the ,secretary may require4 7#b7 ,inclusion in ,,hea annual report ,at the discretion of the ,secretary1 the information required in the report under paragraph 7#a7 may be included in an annual report on higher education required under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq474 7f7 ,reporting by secretary ,the ,secretary annually shall-- 7#a7 compile and analyze the information described in subsection 7e72 and 7#b7 prepare and submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,education and the ,workforce of the ,house of ,representatives containing the analysis described in paragraph 7#a7 and an identification of ,state and ,indian ,tribe best practices for achieving the purpose of this title4 7g7 ,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 as described in section #ajd7;b77#c7 and shall disseminate such best practices among the ,states and ,indian ,tribes4 7h7 ,continuation of funding 7#a7 ,in general ,a ,state or ,indian ,tribe receiving a grant under this title for a fiscal year may continue to receive funding under this title for future fiscal years conditioned on the availability of budget authority and on meeting the requirements of the grant1 as determined by the ,secretary4 7#b7 ,discontinuation ,the ,secretary may discontinue funding of the ,federal share of a grant under this title if the ,state or ,indian ,tribe has violated the terms of the grant or is not making adequate progress in implementing the reforms described in the application submitted under section #ajd4 #ajf4 ,definitions ,in this title3 7#a7 ,career pathway ,the term career pathway has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#b7 ,community college ,the term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree1 including #b-year tribally controlled colleges under section #caf of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7 and public #b-year ,state institutions of higher education4 7#c7 ,dual or concurrent enrollment program ,the term dual or concurrent enrollment program has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#d7 ,early ,college ,high ,school ,the term early college high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#e7 ,eligible student 7,a7 ,definition ,the term eligible student means a student who-- 7i7 7,i7 enrolls in a community college after the date of enactment of this ,act2 or 7,,ii7 is enrolled in a community college as of the date of enactment of this ,act2 7ii7 attends the community college on not less than a half-time basis2 7iii7 is maintaining satisfactory progress1 as defined in section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c771 in the student's course of study2 7iv7 qualifies for resident tuition1 as determined by the ,state or ,indian ,tribe2 and 7v7 is enrolled in an eligible program described in section #ajd7;b77#b74 7,b7 ,special rule ,an otherwise eligible student shall lose eligibility #c calendar years after first receiving benefits under this title4 7#f7 ,in-demand industry sector or occupation ,the term in-demand industry sector or occupation has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term 7without regard to capitalization7 in section #ajb7b7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj7b774 7#h7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#i7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning as described in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,education4 7#aa7 ,state ,the term ,state has the meaning given the term in section #ajc of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjc74 #ajg4 ,appropriations 7a7 ,authorization and appropriations ,for the purpose of making grants under this title1 there are authorized to be appropriated1 and there are appropriated-- 7#a7 #a1eae1aej1jjj for fiscal year #bjai2 7#b7 #c1ceb1bjj1jjj for fiscal year #bjbj2 7#c7 #d1bgg1idj1jjj for fiscal year #bjba2 7#d7 #e1ihh1dej1jjj for fiscal year #bjbb2 7#e7 #g1hcg1gaj1jjj for fiscal year #bjbc2 7#f7 #h1igd1cej1jjj for fiscal year #bjbd2 7#g7 #aa1cjb1jbj1jjj for fiscal year #bjbe2 7#h7 #ad1dea1jij1jjj for fiscal year #bjbf2 7#i7 #ae1jgg1acj1jjj for fiscal year #bjbg2 and 7#aj7 #ae1gbi1haj1jjj for fiscal year #bjbh and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 shall remain available to the ,secretary until expended4 7c7 ,insufficient funds ,if the amount appropriated under subsection 7a7 for a fiscal year is not sufficient 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 #ajb7;a71 the ,secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount4 ,,ii ,,grants ,,to ,,historically ,,black ,,colleges ,,and ,,universities1 ,,hispanic-,,serving ,,institutions1 ,,asian ,,american ,,and ,,native ,,american ,,pacific ,,islander-,,serving ,,institutions1 ,,tribal ,,colleges ,,and ,,universities1 ,,alaska ,,native-,,serving ,,institutions1 ,,native ,,hawaiian-,,serving ,,institutions1 ,,predominantly ,,black ,,institutions1 ,,and ,,native ,,american-,,serving ,,nontribal ,,institutions #bja4 ,pathways to student success for historically ,black colleges and universities 7a7 ,in general ,from amounts appropriated under section #bjd7;a7 for any fiscal year1 the ,secretary shall award grants to participating #d-year historically ,black colleges or universities that meet the requirements of subsection 7b7 to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at institutions eligible under subsection 7b72 7#b7 provide incentives to community college students to transfer to institutions eligible under subsection 7b7 through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support institutions eligible under subsection 7b7 to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 7b7 ,eligibility ,to be eligible to receive a grant under the program under this section1 an institution shall be a historically ,black college or university that-- 7#a7 has a student body of which not less than #ce percent are low-income students2 7#b7 commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising2 7,b7 providing accelerated learning opportunities and degree pathways1 such as dual or concurrent enrollment programs and pathways to graduate and professional degree programs2 7,c7 advancing distance and competency-based education2 7,d7 partnering with employers1 industry1 nonprofit associations1 and other groups to provide opportunities to advance learning outside the classroom1 including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth1 such as foreign exchange and study abroad programs2 7,e7 reforming remedial education1 especially for low-income students1 first generation college students1 adult students1 and other underrepresented students2 or 7,f7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 7#c7 sets performance goals for improving student outcomes for the duration of the grant2 and 7#d7 if receiving a grant for transfer students1 has articulation agreements with community colleges at the national1 ,state1 or local level to ensure that community college credits can fully transfer to the institution4 7c7 ,grant amount 7#a7 ,initial amount ,for the first year that an eligible institution1 as described in subsection 7b71 participates in the grant program under this section and subject to paragraph 7#c71 such eligible institution shall receive a grant in an amount based on the product of-- 7,a7 the actual cost of tuition and fees at the eligible institution in such year 7referred to in this section as the per-student rebate72 multiplied by 7,b7 the number of eligible students enrolled in the eligible institution for the preceding year4 7#b7 ,subsequent increases ,for each succeeding year after the first year of the grant program under this section1 each eligible institution1 as described in subsection 7b71 that participate in the grant program shall receive a grant in the amount determined under paragraph 7#a7 for such year1 except that in no case shall the amount of the per-student rebate for an eligible institution increase by more than #c percent as compared to the amount of such rebate for the preceding year4 7#c7 ,limitations 7,a7 ,maximum per-student rebate ,no eligible institution1 as described in subsection 7b71 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 tuition and fees at public #d-year institutions of higher education for such year1 as determined by the ,secretary4 7,b7 ,first year tuition and fees ,during the first year of participation in the grant program under this section1 no eligible institution1 as described in subsection 7b71 may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous #e years4 7d7 ,application ,an eligible institution1 as described in subsection 7b71 that desires a grant under this section shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7e7 ,use of funds ,funds awarded under this section to an eligible institution1 as described in subsection 7b71 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 student1 for not more than the first #fj credits an eligible student enrolls in the eligible institution4 #bjb4 ,pathways to student success for ,hispanic-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 tribal colleges and universities1 ,alaska ,native-serving institutions1 ,native ,hawaiian-serving institutions1 predominantly ,black institutions1 and ,native ,american-serving nontribal institutions 7a7 ,in general ,from amounts appropriated under section #bjd7;a7 for any fiscal year1 the ,secretary shall award grants to eligible minority-serving institutions to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at institutions eligible under subsection 7b72 7#b7 provide incentives to community college students to transfer to institutions eligible under subsection 7b7 through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support institutions eligible under subsection 7b7 to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 7b7 ,institutional eligibility ,to be eligible to participate and receive a grant under this section1 an institution shall be a minority-serving institution that-- 7#a7 has a student body of which not less than #ce percent are low-income students2 7#b7 commits to maintaining or adopting and implementing promising and evidence-based institutional reforms and innovative practices to improve the completion rates and other student outcomes1 such as-- 7,a7 providing comprehensive academic and student support services1 including mentoring and advising2 7,b7 providing accelerated learning opportunities and degree pathways1 such as dual or concurrent enrollment programs and pathways to graduate and professional degree programs2 7,c7 advancing distance and competency-based education2 7,d7 partnering with employers1 industry1 nonprofit associations1 and other groups to provide opportunities to advance learning outside the classroom1 including work-based learning opportunities such as internships or apprenticeships or programs designed to improve inter-cultural development and personal growth1 such as foreign exchange and study abroad programs2 7,e7 reforming remedial education1 especially for low-income students1 first generation college students1 adult students1 and other underrepresented students2 and 7,f7 implementing course redesigns of high-enrollment courses to improve student outcomes and reduce cost2 7#c7 sets performance goals for improving student outcomes for the duration of the grant2 and 7#d7 if receiving a grant for transfer students1 has articulation agreements with community colleges at the national1 ,state1 or local levels to ensure that community college credits can fully transfer to the institution4 7c7 ,grant amount 7#a7 ,initial amount ,for the first year that an eligible institution1 as described in subsection 7b71 participates in the grant program under this section and subject to paragraph 7#c71 such eligible institution shall receive a grant in an amount based on the product of-- 7,a7 the actual cost of tuition and fees at the eligible institution in such year 7referred to in this section as the per-student rebate72 multiplied by 7,b7 the number of eligible students enrolled in the eligible institution for the preceding year4 7#b7 ,subsequent increases ,for each succeeding year after the first year of the grant program under this section1 each eligible institution1 as described in subsection 7b71 that participate in the grant program shall receive a grant in the amount determined under paragraph 7#a7 for such year1 except that in no case shall the amount of the per-student rebate increase by more than #c percent as compared to the amount of such rebate for the preceding year4 7#c7 ,limitations 7,a7 ,maximum per-student rebate ,no eligible institution1 as described in subsection 7b71 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 #d-year institutional tuition and fees1 as determined by the ,secretary4 7,b7 ,first year tuition and fees ,during the first year of participation in the grant program under this section1 no eligible institution1 as described in subsection 7b71 may increase tuition and fees at a rate greater than any annual increase made by the institution in the previous #e years4 7d7 ,application ,an eligible institution1 as described in subsection 7b71 shall submit an application to the ,secretary at such time1 in such a manner1 and containing such information as determined by the ,secretary4 7e7 ,use of funds ,funds awarded under this section to an eligible institution1 as described in subsection 7b71 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 student1 for not more than the first #fj credits an eligible student enrolls in the eligible institution4 #bjc4 ,definitions ,in this title3 7#a7 ,eligible student 7,a7 ,definition ,the term eligible student means a student1 regardless of age1 who-- 7i7 7,i7 enrolls in a historically ,black college or university1 or minority-serving institution2 or 7,,ii7 transfers from a community college into a historically ,black college or university1 or minority-serving institution2 7ii7 attends the historically ,black college or university1 or minority-serving institution1 on at least a half-time basis2 7iii7 is maintaining satisfactory progress1 as defined in section #dhd7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7;c771 in the student's course of study2 and 7iv7 is a low-income student4 7,b7 ,special rule ,an otherwise eligible student shall lose eligibility #c calendar years after first receiving benefits under this title4 7#b7 ,historically ,black college or university ,the term historically ,black college or university means a part ,b institution described in section #cbb7b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa7b774 7#c7 ,low-income student ,the term low-income student-- 7,a7 shall include any student eligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a72 and 7,b7 may include a student ineligible for a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 who is determined by the institution of higher education in which the student is enrolled to be a low-income student based on an analysis of the student's ability to afford the cost of attendance at the institution4 7#d7 ,minority-serving institution ,the term minority-serving institution means any public or nonprofit institution of higher education-- 7,a7 described in paragraphs 7#b7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a772 and 7,b7 designated as a minority-serving institution by the ,secretary4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,education4 #bjd4 ,appropriations 7a7 ,authorization and appropriations for ,,hbcu and ,,msi grants ,for the purpose of carrying out sections #bja and #bjb1 there are authorized to be appropriated1 and there are appropriated-- 7#a7 #fa1jej1jjj for fiscal year #bjai2 7#b7 #aii1hjj1jjj for fiscal year #bjbj2 7#c7 #a1ahi1ibj1jjj for fiscal year #bjba2 7#d7 #a1bcg1fej1jjj for fiscal year #bjbb2 7#e7 #a1bhg1fjj1jjj for fiscal year #bjbc2 7#f7 #a1cch1ffj1jjj for fiscal year #bjbd2 7#g7 #a1cei1gej1jjj for fiscal year #bjbe2 7#h7 #a1ddi1ffj1jjj for fiscal year #bjbf2 7#i7 #a1ejh1dij1jjj for fiscal year #bjbg2 and 7#aj7 #a1efi1edj1jjj for fiscal year #bjbh and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 are to remain available to the ,secretary until expended4 7c7 ,insufficient funds ,if the amount appropriated under subsection 7a7 for a fiscal year is not sufficient to award each participating institution in the grant programs under sections #bja and #bjb a grant under this part that is equal to #ajj percent of the grant amount determined under sections #bja7;c7 and #bjb7;c71 as applicable1 the ,secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount4