,,ii #aaith ,,congress #ast ,session ,s4 #ahcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ba1 #bjbe,mr4 ,sanders 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,padilla1 ,mr4 ,murphy1 ,mr4 ,welch1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,van ,hollen1 ,mr4 ,merkley1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,higher ,education ,act of #aife to ensure ,college for ,all4 #a4 ,short title ,this ,act may be cited as the ,college for ,all ,act of #bjbe4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,,title ,i--,federal-,state partnership to fully eliminate tuition and required fees,sec4 #aja4 ,federal-state partnership to fully eliminate tuition and required fees4,,title ,,ii--,grant program to eliminate tuition and fees for eligible students at private nonprofit historically ,black colleges and universities and minority-serving institutions,sec4 #bja4 ,grant program to eliminate tuition and fees for eligible students at private nonprofit historically ,black colleges and universities and minority-serving institutions4,sec4 #bjb4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 ,guam1 and ,freely ,associated ,states college access4,,title ,,iii--,federal ,pell ,grant improvements,sec4 #cja4 ,federal ,pell ,grant improvements4,,title ,,iv--,inclusive student success grants,sec4 #dja4 ,inclusive student success grants4,,title ,v--,increasing support for students,sec4 #eja4 ,increasing success for low-income and first generation students4,,title ,,vi--,investments in historically ,black colleges and universities1 ,tribal ,colleges or ,universities1 and other minority-serving institutions,sec4 #fja4 ,appropriations for historically ,black colleges and universities1 ,tribal colleges and universities1 and minority-serving institutions4,,title ,,vii--,snyder ,act,sec4 #gja4 ,rule of construction regarding the ,snyder ,act4 ,i ,federal-,state partnership to fully eliminate tuition and required fees #aja4 ,federal-state partnership to fully eliminate tuition and required fees ,title ,,vii of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aacc et seq47 is amended by adding at the end the following3 ,f ,college for ,all #a ,grants for ,tuition-,free ,public ,college #ghc4 ,purpose ,the purpose of this subpart is to establish a ,federal-,state partnership with ,states and ,tribal ,colleges and ,universities to provide for the elimination of tuition and required fees for eligible students4 #ghd4 ,definitions ,in this subpart3 7#a7 ,award year ,the term award year has the meaning given the term in section #dha7;a74 7#b7 ,community college 7,a7 ,in general ,the term community college means-- 7i7 a public institution of higher education at which-- 7,i7 the highest degree awarded is an associate degree2 or 7,,ii7 an associate degree is the most frequently awarded degree2 7ii7 a public postsecondary vocational institution1 as defined under section #ajb7;c72 or 7iii7 at the designation of the ,secretary1 in the case of a ,state in which there is no community college operated or controlled by the ,state that meets a definition under clause 7i7 or 7ii71 a college or similarly defined and structured academic entity-- 7,i7 that was in existence on ,july #a1 #bjbe2 7,,ii7 within a public #d-year institution of higher education2 and 7,,iii7 at which-- 7aa7 the highest degree awarded is an associate degree2 or 7bb7 an associate degree is the most frequently awarded degree4 7,b7 ,community colleges operated or controlled by a state to include community colleges operated or controlled by local governments within the ,state ,the terms community college operated or controlled by a ,state and community college operated or controlled by the ,state includes a community college operated or controlled by a local government within such ,state4 7#c7 ,cost of attendance ,the term cost of attendance has the meaning given the term in section #dgb4 7#d7 ,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 #aife4 7#e7 ,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 #aife4 7#f7 ,eligible student 7,a7 ,in general ,the term eligible student means an individual1 regardless of age or immigration status1 who has not obtained a baccalaureate degree or higher degree and-- 7i7 in the case of a student enrolled in a community college or a #b-year ,tribal ,college or ,university-- 7,i7 is enrolled1 or plans to enroll1 as an undergraduate student in an eligible program 7as defined in section #dha7;b77 at a community college in the ,state in which the individual is a resident or in a #b-year ,tribal ,college or ,university2 7,,ii7 and who is enrolled in a community college that charges different tuition rates on the basis on residency1 either-- 7aa7 qualifies for in-,state resident tuition at such community college2 or 7bb7 would qualify for such in-,state resident tuition at such community college1 but for the student's immigration status2 7,,iii7 is not enrolled in a dual or concurrent enrollment program or an early college high school2 and 7,,iv7 who is eligible to complete the ,free ,application for ,federal ,student ,aid under section #dhc7;a71 has filed such application for the applicable award year for which the student is enrolled2 or 7ii7 in the case of a student enrolled in an eligible #d-year institution of higher education-- 7,i7 is enrolled1 or plans to enroll1 as an undergraduate student in an eligible program 7as defined in section #dha7;b77 at a public #d-year institution of higher education or in a #d-year ,tribal ,college or ,university2 7,,ii7 is a working class or middle class student1 as described in section #ghg7;a77#c72 7,,iii7 who is enrolled in a public #d-year institution of higher education that charges different tuition rates based on residency1 either-- 7aa7 qualifies for in-,state resident tuition at such institution2 or 7bb7 would qualify for such in-,state resident tuition at such institution1 but for the student's immigration status2 7,,iv7 is not enrolled in a dual or concurrent enrollment program or an early college high school2 and 7,v7 who is eligible to complete the ,free ,application for ,federal ,student ,aid under section #dhc7;a71 has filed such application for the applicable award year for which the student is enrolled4 7,b7 ,rule of construction ,for purposes of subparagraph 7,a71 in-,state resident tuition includes in-district tuition and out-of-district in-,state tuition4 7#g7 #d-year tribal college or university ,the term #d-year ,tribal ,college or ,university means a ,tribal ,college or ,university that is not a #b-year ,tribal ,college or ,university4 7#h7 ,full-time equivalent students ,the term full-time equivalent students means the sum of the number of students enrolled full time at an institution1 plus the full-time equivalent of the number of students enrolled part time 7determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by #ab7 at such institution4 7#i7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a74 7#aj7 ,net price ,the term net price means the difference between cost of attendance and the sum of only grants and institutional and ,state scholarships4 7#aa7 ,public #d-year institution of higher education ,the term public #d-year institution of higher education means a public institution of higher education that is not a community college4 7#ab7 ,reverse transfer policy ,the term reverse transfer policy means a policy or program that allows an institution of higher education to-- 7,a7 implement a process of retroactively granting a certificate or associate degree to a student who had not completed the requirements for such certificate or degree before the student transferred2 or 7,b7 allow academic credits for coursework completed at a #d-year institution of higher education to be applied to a previously attended community college for the purpose of obtaining an associate degree or a certificate4 7#ac7 ,state fiscal support for higher education 7,a7 ,inclusions 7i7 ,in general ,except as provided in subparagraph 7,b71 the term ,state fiscal support for higher education1 used with respect to a ,state for such ,state's fiscal year1 means an amount that is equal to-- 7,i7 the amount of applicable ,state funds appropriated by the ,state1 including funds from lottery receipts1 in the fiscal year1 that are used to support institutions of higher education and student financial aid for higher education in the ,state2 and 7,,ii7 any funds described in clause 7ii71 if applicable4 7ii7 ,local funds ,in the case of a ,state that includes1 as part of the ,state share under section #ghf7;b77#b77;,b7 for an award year1 funds provided to community colleges by local governments in such ,state for the purpose of carrying out this subpart1 local funds provided to community colleges operated or controlled by the ,state for operating expenses 7excluding capital expenses1 research and development costs1 and local funds that are included in the ,state share under section #ghf7;b77#b77;,b77 shall be included in the calculation of the ,state fiscal support for higher education under clause 7i74 7,b7 ,exclusions ,state fiscal support for higher education for a ,state fiscal year does not include-- 7i7 funds described in subparagraph 7,a7 that are returned to the ,state2 7ii7 ,state-appropriated funds derived from ,federal sources1 including funds provided under sections #ghf7;a7 and #hja2 7iii7 funds that are included in the ,state share under section #ghf7;b71 except as provided in subparagraph 7,a77ii71 including funds included in the ,state share in accordance with paragraph 7#b77;,a7 of such section2 7iv7 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 made1 subject to subparagraph 7,c72 7v7 tuition1 fees1 or other educational charges paid directly by a student to an institution of higher education or to the ,state2 7vi7 funds for-- 7,i7 financial aid to students attending1 or operating expenses of-- 7aa7 out-of-,state institutions of higher education 7including for the purpose of exclusive online enrollment at an out-of-,state institution72 7bb7 proprietary institutions of higher education 7as defined in section #ajb7;b772 or 7cc7 institutions of higher education not accredited by an agency or association recognized by the ,secretary pursuant to section #dif2 7,,ii7 financial aid to students awarded predominantly or significantly on the basis of merit2 7,,iii7 research and development2 or 7,,iv7 hospitals1 athletics1 or other auxiliary enterprises2 7vii7 corporate or other private donations directed to #a or more institutions of higher education permitted to be expended by the ,state2 and 7viii7 any other funds that the ,secretary determines shall not be included in the calculation of ,state fiscal support for higher education for such ,state4 7,c7 ,adjustments for biennial appropriations ,the ,secretary shall make adjustments to the calculations under this paragraph to accurately reflect ,state fiscal support for higher education in ,states with #b-year appropriation cycles4 7#ad7 ,state fiscal support for higher education per full-time equivalent student ,the term ,state fiscal support for higher education per full-time equivalent student1 when used with respect to a ,state for a fiscal year1 means the amount that is equal to-- 7,a7 the ,state fiscal support for higher education for the applicable fiscal year2 divided by 7,b7 the number of full-time equivalent students enrolled in public institutions of higher education in such ,state for such fiscal year4 7#ae7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b77#c74 7#af7 #b-year tribal college or university ,the term #b-year ,tribal ,college or ,university means-- 7,a7 a #b-year ,tribal ,college or ,university2 or 7,b7 a degree-granting ,tribal ,college or ,university-- 7i7 at which the highest degree awarded is an associate degree2 or 7ii7 at which an associate degree is the most frequently awarded degree4 #ghe4 ,grant awards ,beginning with award year #bjbf-bjbg1 from amounts appropriated under section #gia to carry out this subpart for any fiscal year1 the ,secretary shall award grants to ,states and ,tribal ,college and ,universities with applications approved under section #ghi1 to enable the ,states and ,tribal ,colleges and ,universities1 through a ,federal-,state partnership1 to fully eliminate tuition and required fees for all eligible students4 #ghf4 ,federal share2 ,state share 7a7 ,federal share 7#a7 ,in general 7,a7 ,amount ,subject to paragraph 7#b71 the amount of the ,federal share of a grant under this subpart shall be based on a formula that provides1 for each eligible student enrolled in a community college operated or controlled by a ,state1 a ,tribal ,college or ,university1 or a public #d-year institution of higher education in a ,state1 a per-student amount 7based on full-time equivalent enrollment7 that is equal to the applicable percentage described in subparagraph 7,b71 or the percentage described in paragraph 7#b7 with respect to a ,tribal ,college or ,university1 of-- 7i7 for the #bjbf-bjbg award year1 not less than the sum of the product of #e1aaj multiplied by the number of eligible students enrolled at such a community college or #b-year ,tribal ,college or ,university and the product of #aa1faj multiplied by the number of eligible students enrolled at such a public #d-year institution of higher education or #d-year ,tribal ,college or ,university2 and 7ii7 for each subsequent award year1 the amount determined under this paragraph for the preceding award year1 increased by the lesser of-- 7,i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7,,ii7 #c percent4 7,b7 ,applicable percent ,the applicable percent for a ,state receiving a grant under this subpart shall be-- 7i7 for the #bjbf-bjbg award year1 #ajj percent2 7ii7 for the #bjbg-bjbh award year1 #ie percent2 7iii7 for the #bjbh-bjbi award year1 #ij percent2 7iv7 for the #bjbi-bjcj award year1 #he percent2 and 7v7 for the #bjcj-bjca award year and each subsequent award year1 #hj percent4 7#b7 ,tribal colleges and universities ,the amount of the ,federal share for a ,tribal ,college or ,university receiving a grant under this subpart shall be the greater of-- 7,a7 #ajj percent of the amount determined in accordance with clause 7i7 or 7ii7 of subparagraph 7#a77;,a71 as applicable1 with respect to eligible students enrolled in such ,tribal ,college or ,university2 or 7,b7 the amount that is #ajj percent of the total amount needed to fully eliminate tuition and fees for all eligible students enrolled in such ,tribal ,college or ,university for the #bjbf-bjbg award year1 increased by the percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 between ,july #a1 #bjbf1 and the applicable award year1 and adjusted to reflect the enrollment in such ,tribal ,college or ,university for such applicable award year4 7b7 ,state share 7#a7 ,formula 7,a7 ,in general ,the amount of the ,state share of a grant under this subpart for each award year shall be equal to the applicable percent described in subparagraph 7,b7 of the total amount determined under subsection 7a77#a77;,a7 with respect to the ,state for the award year4 7,b7 ,applicable percent ,the applicable percentage shall be-- 7i7 for the #bjbf-bjbg award year1 #j percent2 7ii7 for the #bjbg-bjbh award year1 #e percent2 7iii7 for the #bjbh-bjbi award year1 #aj percent2 7iv7 for the #bjbi-bjcj award year1 #ae percent2 and 7v7 for the #bjcj-bjca award year and each subsequent award year1 #bj percent4 7,c7 ,obligation to provide share ,the ,state shall provide the ,state share even if the ,state is able1 without such ,state share1 to fully eliminate tuition and required fees charged to eligible students attending community colleges operated or controlled by the ,state or public #d-year institutions of higher education in the ,state4 7,d7 ,no double counting funds ,states shall not count any funds that count toward the maintenance of effort requirement in section #ghg7;b7 to also count toward the ,state share under this subsection4 7,e7 ,special rule for outlying areas and territories 7i7 ,in general ,if the ,secretary determines that requiring an outlying area or territory to provide a ,state share in accordance with this subsection would represent a substantial hardship for the outlying area or territory1 the ,secretary shall reduce or waive the ,state share for such area or territory4 ,if the ,secretary so reduces or waives the amount of the ,state share of an outlying area or territory1 the ,secretary shall increase the applicable percentage used to calculate the ,federal share under subsection 7a7 for such area or territory1 in proportion to the reduction in the applicable percentage used to calculate such ,state share4 7ii7 ,definition ,in this subparagraph1 the term outlying area or territory means the ,commonwealth of ,puerto ,rico1 the ,district of ,columbia1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,freely ,associated ,states4 7#b7 ,inclusion of ,state financial aid and local funds ,in the case of a ,state that demonstrates to the satisfaction of the ,secretary that community colleges operated or controlled by the ,state and #d-year public institutions of higher education in the ,state will not experience a net reduction in total per-student revenue 7including revenue derived from tuition and fees7 as compared to that revenue for the preceding ,state fiscal year in such ,state1 a ,state may include1 as part of the ,state share-- 7,a7 any financial aid that is provided from ,state funds to eligible students for such students' cost of attendance at community colleges operated or controlled by the ,state and #d-year public institutions of higher education in the ,state that is not awarded predominantly on the basis of merit2 and 7,b7 any funds provided to community colleges operated or controlled by the ,state and #d-year public institutions of higher education in the ,state by local governments in such ,state for the purpose of carrying out this subpart1 including for the purpose of eliminating tuition and fees for eligible students4 7#c7 ,no in-kind contributions ,a ,state shall not include in-kind contributions for purposes of the ,state share described in paragraph 7#a74 7c7 ,determination of number of eligible students 7#a7 ,in general 7,a7 ,determination ,for purposes of subsections 7a7 and 7b71 the ,secretary shall1 in consultation with the ,state or ,tribal ,college or ,university concerned1 determine the estimated number of eligible students enrolled in the community colleges operated or controlled by the ,state and in the public #d-year institutions of higher education in the ,state or in such ,tribal ,college or ,university for the applicable award year4 7,b7 ,projected enrollment ,if the estimated number of eligible students figure of a ,state or ,tribal ,college or ,university under subparagraph 7,a7 is more than #be percent larger than the eligible students figure for the preceding year1 the ,secretary shall use an alternative enrollment estimate which shall be used in the formula under subsection 7a7 for determining the allotment4 7#b7 ,adjustment of grant amount ,for each year for which a ,state or ,tribal ,college or ,university receives a grant under this subpart1 the ,secretary shall1 once final enrollment data for such year are available-- 7,a7 in consultation with the ,state or ,tribal ,college or ,university concerned1 determine the actual number of eligible students enrolled in the community colleges operated or controlled by the ,state and the public #d-year institutions of higher education in the ,state or in such ,tribal ,college or ,university for the year covered by the grant2 and 7,b7 adjust the ,federal share of the grant amount received by the ,state or ,tribal ,college or ,university and the ,state share under subsection 7b7 to reflect the actual number of eligible students by applying the relevant adjustment to such ,federal share or the ,state share1 or both1 in the subsequent award year4 7#c7 ,additional funds ,if a ,state or ,tribal ,college or ,university provides additional funds toward reducing the cost of attendance and improving instruction beyond the cost of eliminating tuition and required fees as described in paragraphs 7#b7 and 7#c7 of section #ghg7;a7 for any award year1 and1 with respect to a ,state1 such funds amount to more than the ,state share requirement under subsection 7b7 and the maintenance of effort requirements in section #ghg1 the ,secretary shall provide the ,state or ,tribal ,college or ,university an amount equal to such additional funds provided by the ,state or ,tribal ,college or ,university1 which amount provided by the ,secretary may be used for the activities described in section #gij4 #ghg4 ,program requirements 7a7 ,general requirements ,in order to receive a grant under this subpart in each award year1 a ,state or ,tribal ,college or ,university shall comply with the following3 7#a7 ,with respect to a ,state1 ensure that public institutions of higher education in the ,state maintain expenditures on instruction per full-time equivalent student at levels that are equal to or exceed the expenditures on instruction per full-time equivalent student provided for the #c most recent consecutive ,state fiscal years for which data are available4 7#b7 ,ensure that the total amount of tuition and required fees charged to an eligible student-- 7,a7 at community colleges in the ,state are fully eliminated2 or 7,b7 if the ,tribal ,college or ,university is a #b-year ,tribal ,college or ,university1 at such ,tribal ,college or ,university are fully eliminated4 7#c7 ,ensure that the total amount of tuition and required fees charged to an eligible student at public #d-year institutions of higher education in the ,state1 or1 if the ,tribal ,college or ,university is a #d-year ,tribal ,college or ,university1 at such ,tribal ,college or ,university1 are fully eliminated as follows3 7,a7 ,for award year #bjbf-bjbg1 the ,state or ,tribal ,college or ,university shall fully eliminate tuition and required fees for such students-- 7i7 who are dependent students-- 7,i7 in a single parent household1 whose parent's adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #aej1jjj2 or 7,,ii7 with married parents1 whose parents' adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #cjj1jjj2 and 7ii7 who are-- 7,i7 single independent students1 whose adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #aej1jjj2 or 7,,ii7 married independent students1 whose adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #cjj1jjj4 7,b7 ,for each award year after award year #bjbf-bjbg1 the ,state or a #d-year ,tribal ,college or ,university shall fully eliminate tuition and required fees for such students in accordance with clauses 7i7 and 7ii7 of subparagraph 7,a71 except the gross income amount shall be adjusted for each subsequent year in the same manner as income is adjusted under section #dgh7;b74 7#d7 ,not apply financial assistance for which an eligible student qualifies to tuition or required fees4 7#e7 ,not use any funds provided under this subpart for administrative purposes4 7b7 ,state maintenance of effort ,in order to receive a grant under this subpart in each award year1 a ,state shall-- 7#a7 provide ,state fiscal support for higher education per full-time equivalent student at a level equal to or exceeding the average amount of ,state fiscal support for higher education per full-time equivalent student provided for the #c most recent consecutive ,state fiscal years for which data are available2 7#b7 maintain ,state operating expenditures per full-time equivalent student for public #b- and #d-year institutions of higher education in the ,state1 excluding capital expenses and research and development costs1 at a level equal to or greater than the average amount provided for the #c most recent consecutive ,state fiscal years for which data are available2 and 7#c7 maintain ,state expenditures for need-based financial aid programs for enrollment in institutions of higher education 7as defined in section #aja7 in the ,state at a level that is equal to or greater than the average amount provided for the #c most recent consecutive ,state fiscal years for which data are available4 7c7 ,requirements of ,states and some ,tribal colleges and universities ,in order to receive a grant under this subpart in each award year1 a ,state or 7when applicable7 a ,tribal ,college or ,university shall-- 7#a7 provide an assurance that not later than #e years after the first award year for which the grant is awarded1 not less than #ge percent of instruction at public institutions of higher education in the ,state is provided by tenure-track or tenured faculty2 7#b7 provide an assurance that public institutions of higher education in the ,state make it a priority to hire from the existing adjunct1 contract1 contingent1 and non-tenure track or tenured faculty pool for tenure-track or tenured faculty positions or other full-time non-contingent instructional positions2 7#c7 require that public institutions of higher education in the ,state provide1 for each student enrolled at the institution who receives the maximum ,federal ,pell ,grant award under subpart #a of part ,a of title ,,iv1 institutional student financial aid 7excluding student loans7 in an amount equal to the net price owed by such student2 7#d7 ensure that public institutions of higher education in the ,state or the ,tribal ,college or ,university not adopt policies to reduce enrollment2 7#e7 provide an assurance that public institutions of higher education in the ,state will not charge out-of-,state students an amount that exceeds the marginal cost 7as determined by the ,secretary7 of attending institutions of higher education in the ,state2 7#f7 provide an assurance that public institutions of higher education in the ,state that charge non-eligible in-,state students tuition and required fees1 will not charge such students a rate that is necessary to continue to fully eliminate tuition and required fees for eligible students2 and 7#g7 provide an assurance that public institutions of higher education in the ,state maintain a ratio of #a to #aej of disability services full-time employees to registered students with disabilities1 and that such employees be specifically dedicated to serving students with disabilities4 7d7 ,alignment of secondary and higher education ,in order to receive a grant under this subpart1 a ,state shall-- 7#a7 submit and implement a plan to align the requirements 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 ,state2 and 7#b7 not later than #c years after the date on which the ,state first receives a grant under this subpart1 certify to the ,secretary that such alignment has been achieved4 7e7 ,transfer pathways ,in order to receive a grant under this subpart1 a ,state shall-- 7#a7 submit a plan to improve transfer pathways among public institutions of higher education in the ,state1 including by-- 7,a7 ensuring that associate degrees awarded by community colleges in the ,state are fully transferable to1 and credited as1 the first #b years of related baccalaureate programs at public institutions of higher education in such ,state2 and 7,b7 increasing the transferability of individual courses within the certificate or associate programs offered by community colleges in the ,state to related baccalaureate programs offered by public institutions of higher education in such ,state to maximize the transferability of credits for students who transfer before completing an associate degree and facilitate reverse transfer policies2 and 7#b7 not later than #c years after the date on which the ,state first receives a grant under this subpart1 certify to the ,secretary that the ,state is carrying out the plan submitted in accordance with paragraph 7#a7 and is meeting the requirements of subparagraphs 7,a7 and 7,b7 of such paragraph4 7f7 ,no additional eligibility requirements ,no individual shall be determined by a ,state1 a ,tribal ,college or ,university1 or the ,secretary1 to be ineligible for benefits provided under this subpart 7including eliminating tuition and fees1 and other aid provided under this subpart71 except on the basis of eligibility requirements under this subpart4 #ghh4 ,automatic ,stabilizer 7a7 ,maintenance of effort relief ,a ,state that receives a grant under this subpart may request a waiver of the requirements under section #ghg7;b74 ,upon request by such a ,state1 the ,secretary shall waive the requirements of section #ghg7;b7 for the ,state as follows3 7#a7 ,tier ,i ,with respect to each ,state eligible for relief under tier ,i1 such requirements shall be waived for the fiscal year succeeding the fiscal year for which the determination of the ,state's eligibility for such relief is made4 7#b7 ,tiers ,,ii through ,v ,with respect to each ,state eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v1 such requirements shall be waived1 in accordance with subsection 7c71 for-- 7,a7 the fiscal year for which the determination of the ,state's eligibility for such relief is made2 7,b7 the fiscal year succeeding the fiscal year described in subparagraph 7,a72 or 7,c7 both such fiscal years4 7b7 ,state share relief 7#a7 ,state share relief ,a ,state that meets the qualifying spending requirement and is eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v may request relief with respect to the requirement of section #ghf7;b77#a77;,b74 ,upon request by such a ,state1 the ,secretary shall provide relief from the requirements of section #ghf7;b77#a77;,b71 for the applicable award year or years1 for the ,state as follows3 7,a7 ,tier ,,ii ,with respect to a ,state that is eligible for relief under tier ,,ii1 the ,secretary shall apply-- 7i7 section #ghf7;a77#a77;,b77v71 by substituting #he percent for #hj percent2 and 7ii7 section #ghf7;b77#a77;,b77v71 by substituting #ae percent for #bj percent4 7,b7 ,tier ,,iii ,with respect to a ,state that is eligible for relief under tier ,,iii1 the ,secretary shall apply-- 7i7 section #ghf7;a77#a77;,b77iv71 by substituting #ij percent for #he percent2 7ii7 section #ghf7;a77#a77;,b77v71 by substituting #ij percent for #hj percent2 7iii7 section #ghf7;b77#a77;,b77iv71 by substituting #aj percent for #ae percent2 and 7iv7 section #ghf7;b77#a77;,b77v71 by substituting #aj percent for #bj percent4 7,c7 ,tier ,,iv ,with respect to a ,state that is eligible for relief under tier ,,iv1 the ,secretary shall apply-- 7i7 section #ghf7;a77#a77;,b77iii71 by substituting #ie percent for #ij percent2 7ii7 section #ghf7;a77#a77;,b77iv71 by substituting #ie percent for #he percent2 7iii7 section #ghf7;a77#a77;,b77v71 by substituting #ie percent for #hj percent2 7iv7 section #ghf7;b77#a77;,b77iii71 by substituting #e percent for #aj percent2 7v7 section #ghf7;b77#a77;,b77iv71 by substituting #e percent for #ae percent2 and 7vi7 section #ghf7;b77#a77;,b77v71 by substituting #e percent for #bj percent4 7,d7 ,tier ,v ,with respect to a ,state that is eligible for relief under tier ,v1 the ,secretary shall apply-- 7i7 section #ghf7;a77#a77;,b77ii71 by substituting #ajj percent for #ie percent2 7ii7 section #ghf7;a77#a77;,b77iii71 by substituting #ajj percent for #ij percent2 7iii7 section #ghf7;a77#a77;,b77iv71 by substituting #ajj percent for #he percent2 7iv7 section #ghf7;a77#a77;,b77v71 by substituting #ajj percent for #hj percent2 7v7 section #ghf7;b77#a77;,b77ii71 by substituting #j percent for #e percent2 7vi7 section #ghf7;b77#a77;,b77iii71 by substituting #j percent for #aj percent2 7vii7 section #ghf7;b77#a77;,b77iv71 by substituting #j percent for #ae percent2 and 7viii7 section #ghf7;b77#a77;,b77v71 by substituting #j percent for #bj percent4 7#b7 ,applicable award years ,with respect to each ,state eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v1 the ,secretary shall provide the relief under paragraph 7#a7 in accordance with subsection 7c7 for-- 7,a7 the award year for which the determination of the ,state's eligibility for such relief is made2 7,b7 the award year succeeding the award year described in subparagraph 7,a72 or 7,c7 both such award years4 7#c7 ,state eligibility ,a ,state's eligibility for relief under this section shall be determined as follows3 7,a7 ,tier ,i ,a ,state shall be eligible for relief under tier ,i for a fiscal year for which-- 7i7 the ,state is in an elevated unemployment period at any point in the fiscal year2 and 7ii7 the ,state is not eligible for relief under any other tier4 7,b7 ,tier ,,ii ,a ,state shall be eligible for relief under tier ,,ii for a fiscal or award year1 as applicable1 for which-- 7i7 7,i7 the ,state average unemployment rate is equal to or greater than #f4e percent1 but less than #g4e percent1 at any point in the fiscal or award year2 or 7,,ii7 the national average unemployment rate is equal to or greater than #f4e percent1 but less than #g4e percent1 at any point in the fiscal or award year2 and 7ii7 the ,state is not eligible for relief under tier ,,iii1 ,,iv1 or ,v4 7,c7 ,tier ,,iii ,a ,state shall be eligible for relief under tier ,,iii for a fiscal or award year1 as applicable1 for which-- 7i7 7,i7 the ,state average unemployment rate is equal to or greater than #g4e percent1 but less than #h4e percent1 at any point in the fiscal or award year2 or 7,,ii7 the national average unemployment rate is equal to or greater than #g4e percent1 but less than #h4e percent1 at any point in the fiscal or award year2 and 7ii7 the ,state is not eligible for relief under tier ,,iv or ,v4 7,d7 ,tier ,,iv ,a ,state shall be eligible for relief under tier ,,iv for a fiscal or award year1 as applicable1 for which-- 7i7 7,i7 the ,state average unemployment rate is equal to or greater than #h4e percent1 but less than #i4e percent1 at any point in the fiscal or award year2 or 7,,ii7 the national average unemployment rate is equal to or greater than #h4e percent1 but less than #i4e percent1 at any point in the fiscal or award year2 and 7ii7 the ,state is not eligible for relief under tier ,v4 7,e7 ,tier ,v ,a ,state shall be eligible for relief under tier ,v for a fiscal or award year1 as applicable1 for which-- 7i7 the ,state average unemployment rate is equal to or greater than #i4e percent at any point in the fiscal or award year2 or 7ii7 the national average unemployment rate is equal to or greater than #i4e percent at any point in the fiscal or award year4 7c7 ,discretion in the provision of relief ,in determining the fiscal years for which to provide relief in accordance with subsection 7a77#b71 or the award years for which to provide relief in accordance with subsection 7b71 to a ,state that is eligible under tier ,,ii1 ,,iii1 ,,iv or ,v1 the ,secretary shall take into account the following3 7#a7 ,in the case of a ,state that requests relief under subsection 7a77#b71 the fiscal years for which the ,state requests such relief1 including-- 7,a7 if the ,state requests such relief for the fiscal year for which the determination of the ,state's eligibility for such relief is made1 the amount by which the ,state is unable to meet the requirements of section #ghg7;b7 for such fiscal year2 and 7,b7 if the ,state requests such relief for the fiscal year succeeding the year described in subparagraph 7,a71 the amount by which the ,state anticipates being unable to meet such requirements for such succeeding fiscal year4 7#b7 ,in the case of a ,state that requests relief under subsection 7b71 the award years for which the ,state requests such relief1 including-- 7,a7 if the ,state requests such relief for the award year for which the determination of the ,state's eligibility for such relief is made1 the extent to which the ,state is unable to meet the requirements of section #ghf7;b77#a77;,b7 for such award year2 and 7,b7 if the ,state requests such relief for the award year succeeding the year described in subparagraph 7,a71 the extent to which the ,state anticipates being unable to meet such requirements for such succeeding award year4 7#c7 ,the actual or anticipated timing1 severity1 and duration of the unemployment rate increase during-- 7,a7 the fiscal or award year1 as applicable1 for which the determination of the ,state's eligibility for such relief is made2 7,b7 the fiscal or award year1 as applicable1 succeeding the fiscal or award year described in subparagraph 7,a72 and 7,c7 the fiscal or award year1 as applicable1 preceding the fiscal or award year described in subparagraph 7,a74 7#d7 ,other factors determined to be relevant by the ,secretary4 7d7 ,continued payment to employees ,a ,state that receives relief under subsection 7a7 or subsection 7b7 shall1 to the greatest extent practicable1 continue to pay its employees of1 and contractors with1 public institutions of higher education in the ,state during the period in which the ,state is receiving such relief4 7e7 ,definitions ,in this section3 7#a7 ,elevated unemployment period ,the term elevated unemployment period means a consecutive #c-month period in a fiscal year in which the ,state average unemployment rate is not less than #j4e percentage points above the lowest ,state average unemployment rate for the #ab-month period preceding such #c-month period4 7#b7 ,national average unemployment rate ,the term national average unemployment rate means the average 7seasonally adjusted7 rate of total unemployment in all ,states for a consecutive #c-month period in a fiscal year1 based on data from the ,bureau of ,labor ,statistics of the ,department of ,labor4 7#c7 ,qualifying spending requirement ,the term qualifying spending requirement means the requirement that a ,state not disproportionately decrease spending for any of the categories described in subparagraphs 7#a7 through 7#c7 of section #ghg7;b7 relative to such ,state's overall1 average decrease in spending for the #c consecutive preceding fiscal years4 7#d7 ,state average unemployment rate ,the term ,state average unemployment rate means the average 7seasonally adjusted7 rate of total unemployment in a ,state for a consecutive #c-month period in a fiscal year4 #ghi4 ,applications ,in order to receive a grant under this subpart1 a ,state or ,tribal ,college or ,university shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 ,in the case of a ,state1 such application shall be submitted by the ,state agency with jurisdiction over higher education or another agency designated by the ,governor or chief executive of the ,state to administer the program under this subpart4 #gij4 ,use of funds 7a7 ,in general ,a ,state or ,tribal ,college or ,university that receives a grant under this subpart shall use the grant funds and the ,state share funds required under this subpart-- 7#a7 to fully eliminate tuition and required fees for all eligible students at community colleges in the ,state or at the ,tribal ,college or ,university1 if the ,tribal ,college or ,university is a #b-year ,tribal ,college or ,university2 and 7#b7 to fully eliminate tuition and required fees for eligible students1 as described in section #ghg7;a77#c71 at public #d-year institutions of higher education in the ,state or at the ,tribal ,college or ,university1 if the ,tribal ,college or ,university is a #d-year ,tribal ,college or ,university4 7b7 ,remaining funds ,once tuition and required fees have been fully eliminated pursuant to subsection 7a71 a ,state or ,tribal ,college or ,university that receives a grant under this subpart shall use any remaining grant funds to reduce the cost of attendance and increase the quality of instruction and student support services at public institutions of higher education in the ,state or at the ,tribal ,college or ,university by carrying out any of the following3 7#a7 ,providing additional non-loan financial aid to students to help reduce unmet need1 which may include need-based student financial aid or emergency financial aid grants to students attending a public institution of higher education in such ,state1 or such ,tribal ,college or ,university1 for any component of such students' cost of attendance4 7#b7 ,implementing evidence-based reforms or practices at public institutions of higher education in such ,state or at such ,tribal ,college or ,university that are described in section #hjd or that meet evidence tier #a or evidence tier #b 7as defined in section #hjj7 to improve the enrollment1 retention1 transfer1 or completion rates or labor market outcomes among the students described in section #hjb7;b74 7#c7 ,expanding academic course offerings and providing high-quality occupational skills training programs to students4 7#d7 ,increasing the number and percentage of tenure or tenure-track faculty4 7#e7 ,providing all faculty with professional supports to help students succeed1 such as professional development opportunities1 including providing-- 7,a7 culturally inclusive and identity-safe learning environments2 7,b7 work spaces2 and 7,c7 shared governance in the institution4 7#f7 ,compensating part-time faculty for work done outside of the classroom relating to supporting student success1 such as holding office hours4 7#g7 ,strengthening1 and ensuring all students have access to1 student support services1 such as academic advising1 counseling1 and tutoring4 7#h7 ,expanding access to dual or concurrent enrollment programs and early college high school programs4 7#i7 ,establishing prison education programs in partnership with local or ,state correctional facilities4 7#aj7 ,carrying out any other additional activities that improve instructional quality and academic outcomes for students as approved by the ,secretary through a peer review process4 7c7 ,prohibition ,a ,state or ,tribal ,college or ,university that receives a grant under this subpart may not use grant funds or ,state share funds required under this subpart-- 7#a7 for the construction of a nonacademic facility1 such as a student center or stadium2 7#b7 for merit-based student financial aid2 7#c7 for need-based student financial aid 7except to the extent funds are available under section #ghf7;c77#c772 7#d7 to pay the salaries or benefits of school administrators2 7#e7 for capital outlays or deferred maintenance2 or 7#f7 for expenditures on athletics other than activities open to all members of the campus community4 7d7 ,supplement not supplant ,except as provided in section #ghf7;b77#b77;,a71 funds made available under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 local1 and institutional funds that would otherwise be expended to carry out activities described in this subpart4 7e7 ,continuation of funding 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or a ,tribal ,college or ,university receiving a grant under this subpart for an award year may continue to receive funding under this subpart for subsequent award years conditioned on meeting the requirements of the grant1 as determined by the ,secretary4 7#b7 ,discontinuation ,the ,secretary shall discontinue or reduce funding of the ,federal share of a grant under this subpart if the ,state or ,tribal ,college or ,university has violated the terms of the grant4 7f7 ,rule of construction regarding ,,bie funds ,nothing in this subpart shall be construed to impact the availability of funds from1 or uses of funds provided by1 the ,bureau of ,indian ,education for ,tribal ,colleges and ,universities4 #gia4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated1 and there are appropriated1 to carry out this subpart-- 7#a7 such sums as may be necessary for the fourth quarter of fiscal year #bjbf2 and 7#b7 such sums as may be necessary for each of the fiscal years #bjbg through #bjce4 7b7 ,supplemental funds 7#a7 ,in general ,in addition to amounts otherwise available1 there is appropriated for fiscal year #bjbf1 out of any money in the ,treasury not otherwise appropriated1 not more than #i1hdd per student enrolled at #d-year public institutions of higher education and not more than #f1jgc per student enrolled at community colleges1 to remain available until ,september #cj1 #bjca1 for the ,secretary to award grants to all ,states that have resident tuition and fees at community colleges or public #d-year institutions of higher education that are higher than the national average tuition and fees at community colleges or public #d-year institutions of higher education in award year #bjbf-bjbg1 for the purpose of supporting such ,states' ability to participate in the program under this subpart4 7#b7 ,state share ,notwithstanding any other provision of this subpart1 a ,state receiving grant funds under paragraph 7#a7 shall use such funds to meet the ,state share requirement under section #ghf7;b7 and to fully eliminate tuition and fees for eligible students as required under paragraphs 7#b7 and 7#c7 of section #ghg7;a74 4 ,,ii ,grant program to eliminate tuition and fees for eligible students at private nonprofit historically ,black colleges and universities and minority-serving institutions #bja4 ,grant program to eliminate tuition and fees for eligible students at private nonprofit historically ,black colleges and universities and minority-serving institutions ,part ,f of title ,,vii of the ,higher ,education ,act of #aife1 as added by section #aja1 is further amended by adding at the end the following3 #b ,grant program ,to eliminate tuition and fees for eligible students at private nonprofit historically ,black colleges and universities and ,minority-,serving institutions #gie4 ,definitions ,in this subpart3 7#a7 ,eligible institution 7,a7 ,in general ,except as provided in subparagraph 7,e71 the term eligible institution means a private nonprofit #b-year institution or #d-year institution that-- 7i7 is-- 7,i7 a part ,b institution 7as defined in section #cbb72 7,,ii7 a ,hispanic-serving institution 7as defined in section #ejb72 7,,iii7 an ,alaska ,native-serving institution 7as defined in section #cag7;b772 7,,iv7 a ,native ,hawaiian-serving institution 7as defined in section #cag7;b772 7,v7 a ,predominantly ,black institution 7as defined in section #cga7;c772 7,,vi7 an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cga7;c772 or 7,,vii7 a ,native ,american-serving nontribal institution 7as defined in section #cga7;c772 and 7ii7 has not received funds under subpart #a4 7,b7 ,continuing eligibility ,the ,secretary shall determine whether an institution is an eligible institution under subparagraph 7,a7 based on the most recent data available1 and shall review such determination annually to ensure that the institution continues to meet the requirements for participation under this subpart4 7,c7 #b-year institution ,the term #b-year institution means an institution at which an associate degree is the most frequently awarded degree4 7,d7 #d-year institution ,the term #d-year institution means an institution of higher education 7as defined under section #aja7;a77 that is not a #b-year institution4 7,e7 ,exception 7i7 ,in general ,an eligible institution as described in subparagraph 7,a7 shall not be an eligible institution for purposes of this section for the period described in clause 7ii7 if such institution was a for-profit institution at any time that converted to a nonprofit institution4 7ii7 ,period of ineligibility ,an institution described under clause 7i7 shall not be an eligible institution for purposes of this section for a period of #be years from the date the institution converted from being a for-profit institution to a nonprofit institution or #be years after the date of enactment of this subpart1 whichever period is longer4 7#b7 ,eligible student 7,a7 ,in general ,the term eligible student means a student enrolled in an eligible institution who has not obtained a baccalaureate degree or a higher degree and-- 7i7 for the first award year of the program under this subpart1 if the student-- 7,i7 is a dependent student-- 7aa7 in a single parent household1 the student's parent's adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #aej1jjj2 or 7bb7 with married parents1 the student's parents' adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #cjj1jjj2 and 7,,ii7 is a-- 7aa7 single independent student1 the student's adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #aej1jjj2 or 7bb7 married independent student1 the student's adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than #cjj1jjj2 and 7ii7 for each award year after the first award year of the program under this subpart1 if the student-- 7,i7 is a dependent student1 the student's parents' adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount2 and 7,,ii7 is an independent student1 the student's adjusted gross income for the taxable year that is #a year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount4 7,b7 ,applicable amount ,in this paragraph1 the term applicable amount means an amount equal to1 for any award year beginning after the first award year of the program under this subpart1 the income amount determined under this paragraph for the preceding award year adjusted in the same manner as income is adjusted under section #dgh7;b74 7#c7 ,full-time equivalent eligible students ,the term full-time equivalent eligible students means the sum of the number of eligible students projected to enroll full time at an institution for an award year1 plus the full-time equivalent of the number of eligible students projected to be enrolled part time 7determined on the basis of the quotient of the sum of the credit hours of all part-time eligible students divided by #ab7 at such institution1 for such award year4 #gif4 ,authorization of grant program ,beginning with award year #bjbf-bjbg1 from amounts appropriated to carry out this subpart for any fiscal year1 the ,secretary shall award grants to eligible institutions to enable the eligible institutions to eliminate tuition and required fees for eligible students4 #gig4 ,grant terms 7a7 ,grant amount 7#a7 ,in general ,for each year for which an eligible institution participates in the grant program under this subpart1 such eligible institution shall receive a grant in an amount equal to-- 7,a7 in the case of an eligible institution that is a #b-year institution1 the product of the number of eligible students enrolled in such institution multiplied by-- 7i7 for the #bjbf-bjbg award year1 #e1aaj2 and 7ii7 for each subsequent award year1 the amount determined under this subparagraph for the preceding award year1 increased by the lesser of-- 7,i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7,,ii7 #c percent2 or 7,b7 in the case of an eligible institution that is a #d-year institution1 the product of the number of eligible students enrolled in such institution multiplied by-- 7i7 for the #bjbf-bjbg award year1 #aa1faj2 and 7ii7 for each subsequent award year1 the amount determined under this subparagraph for the preceding award year1 increased by the lesser of-- 7,i7 a percentage equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 since the date of such determination2 or 7,,ii7 #c percent4 7#b7 ,limitations on tuition hikes 7,a7 ,first award year ,for the first award year for which an eligible institution applies for a grant under this subpart1 such eligible institution shall not increase tuition and required fees at a rate that is greater than any annual increase in tuition and required fees at the eligible institution for the #e years preceding such first award year4 7,b7 ,succeeding award years 7i7 ,in general ,for each award year after the first award year for which an eligible institution receives a grant under this subpart1 such eligible institution shall not increase tuition and required fees from the preceding award year at a rate that is greater than the percentage increase in the ,employment ,cost ,index for the award year for which the grant is received1 as compared to the ,employment ,cost ,index for the award year preceding the award year for which the grant is received4 7ii7 ,employment ,cost ,index ,in this subparagraph1 the term ,employment ,cost ,index1 when used with respect to an award year1 means the ,employment ,cost ,index for total compensation for private industry workers by bargaining status and census region and division 7not seasonally adjusted7 of the division in which the eligible institution is located1 as provided by the ,bureau of ,labor ,statistics of the ,department of ,labor1 that is provided for the ,december that immediately precedes the start of the award year4 7#c7 ,data adjustments 7,a7 ,in general ,the ,secretary shall establish a process through which each eligible institution that participates in the program under this subpart-- 7i7 provides the necessary eligible student enrollment data at the start of the award year2 and 7ii7 initially receives grant funds1 as calculated under this subsection1 based on such data4 7,b7 ,adjustment of grant amount ,for each year for which an eligible institution receives a grant under this subpart1 the ,secretary shall1 once final enrollment data for such year are available-- 7i7 in consultation with the eligible institution concerned1 determine the actual number of full-time equivalent eligible students for the year covered by the grant2 and 7ii7 adjust the grant amount received by the eligible institution to reflect the actual number of full-time equivalent eligible students by applying the relevant adjustment to such grant amount in the subsequent award year in accordance with subparagraph 7,c74 7,c7 ,calculation of adjustments ,if the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph 7,b7-- 7i7 exceeds the projected enrollment that was used for determining the allotment under paragraph 7#a7 for the preceding award year1 notwithstanding any other provision of this ,act1 the grant amount for the subsequent award year for the eligible institution shall be increased to reflect such actual enrollment1 which figure shall be increased by the ,gross ,domestic ,product ,price ,index of the ,state in which the eligible institution is located2 or 7ii7 is below the projected enrollment that was used for determining the allotment under paragraph 7#a7 for the preceding award year1 notwithstanding any other provision of this ,act1 the grant amount for the subsequent award year for the eligible institution shall be decreased to reflect such actual enrollment1 which figure shall be increased by the average interest rate on #e-year ,united ,states ,treasury securities issued during the preceding award year4 7b7 ,application ,an eligible institution that desires to receive a grant under this subpart shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,transfer requirement ,in the case of an eligible institution that is a #d-year institution that receives a grant under this subpart and enrolls students who transfer from another institution1 the institution shall-- 7#a7 commit to increasing the transferability of individual courses within certificate or associate programs offered by community colleges in the ,state to related baccalaureate programs offered by such institution to maximize the transferability of credits for students who transfer before completing an associate degree2 and 7#b7 maintain a formal1 statewide articulation agreement with community colleges in the ,state in which such institution operates that1 at a minimum1 ensures that associate degrees awarded by community colleges in the ,state are fully transferable to1 and credited as the first #b years of related baccalaureate programs at1 such institution4 7d7 ,use of funds 7#a7 ,in general ,an eligible institution that receives a grant under this subpart shall use the grant funds to-- 7,a7 except as provided in paragraph 7#c71 eliminate tuition and required fees for eligible students enrolled in the eligible institution during any period for which the institution receives a grant under this subpart2 7,b7 maintain expenditures on instruction per a full-time equivalent eligible student at levels that meet or exceed the expenditures on instruction per a full-time equivalent eligible student for award year #bjbe-bjbf2 and 7,c7 maintain expenditures on need-based financial aid programs for students enrolled in the institution at a level that meets or exceeds the level of such support for award year #bjbe-bjbf4 7#b7 ,prohibitions ,an eligible institution that receives a grant under this subpart may not use grant funds-- 7,a7 for the construction of a nonacademic facility1 such as a student center or stadium2 7,b7 for merit-based or need-based student financial aid2 7,c7 to pay the salaries or benefits of school administrators2 7,d7 for capital outlays or deferred maintenance2 or 7,e7 for expenditures on athletics other than activities open to all members of the campus community4 7#c7 ,exception ,an eligible institution that receives a grant under this subpart and that does not have authority to set the tuition and required fees for eligible students enrolled in the eligible institution shall provide tuition assistance to eligible students enrolled in the eligible institution during any period for which the institution receives a grant under this subpart in an amount equal to the grant amount determined under subsection 7a77#a74 7e7 ,assurances ,an eligible institution that receives a grant under this subpart shall provide an assurance to the ,secretary that the institution will-- 7#a7 increase1 to the extent practicable1 the amount of instruction provided by tenured or tenure-track faculty2 and 7#b7 not adopt policies to reduce enrollment4 7f7 ,supplement1 not supplant ,funds made available to carry out this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 local1 and institutional funds that would otherwise be expended to carry out activities under this subpart4 7g7 ,no additional eligibility requirements ,no individual shall be determined1 by an eligible institution or the ,secretary1 to be ineligible for benefits provided under this subpart except on the basis of eligibility requirements under this subpart4 #gih4 ,authorization of appropriations ,there are authorized to be appropriated1 and there are appropriated1 to carry out this subpart-- 7#a7 such sums as may be necessary for the fourth quarter of fiscal year #bjbf2 and 7#b7 such sums as may be necessary for each of the fiscal years #bjbg through #bjce4 4 #bjb4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 ,guam1 and ,freely ,associated ,states college access ,part ,f of title ,,vii of the ,higher ,education ,act of #aife1 as added by section #aja and amended by section #bja1 is further amended by adding at the end the following3 #c ,college access for students in outlying areas #gii4 ,northern ,mariana ,islands1 ,american ,samoa1 ,united ,states ,virgin ,islands1 ,guam1 and ,freely ,associated ,states college access 7a7 ,grants 7#a7 ,grant amounts 7,a7 ,in general ,beginning with award year #bjbf-bjbg1 from amounts appropriated to carry out this section1 the ,secretary shall award grants to the ,governors of each outlying area for such ,governors to award grants to eligible institutions that enroll eligible students to pay the difference between the tuition and fees charged for in-,state students and the tuition and fees charged for out-of-,state students on behalf of each eligible student enrolled in the eligible institution4 7,b7 ,maximum student amounts ,the amount paid on behalf of an eligible student under this section shall be-- 7i7 not more than #ae1iej for any one award year 7as defined in section #dha7;a77#a772 and 7ii7 not more than #gi1gej in the aggregate4 7,c7 ,proration ,the ,governor shall prorate payments under this section with respect to eligible students who attend an eligible institution on less than a full-time basis4 7#b7 ,agreement ,each ,governor desiring a grant under this section shall enter into an agreement with the ,secretary for the purposes of administering the grant program4 7b7 ,no additional eligibility requirements ,no individual shall be determined1 by a ,governor1 an eligible institution1 or the ,secretary1 to be ineligible for benefits provided under this section except on the basis of eligibility requirements under this section4 7c7 ,definitions ,in this section3 7#a7 ,eligible institution ,the term eligible institution means an institution that-- 7,a7 is a public #d-year institution of higher education located in #a of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 or an outlying area2 7,b7 enters into an agreement with the ,governor of an outlying area1 or with #b or more of such ,governors 7except that such institution may not enter into an agreement with the ,governor of the outlying area in which such institution is located71 to carry out the grant program under this section2 and 7,c7 submits an assurance to the ,governor and to the ,secretary that the institution shall use funds made available under this section to supplement1 and not supplant1 assistance that otherwise would be provided to eligible students from outlying areas4 7#b7 ,eligible student ,the term eligible student means a student who-- 7,a7 was domiciled in an outlying area for not less than #ab consecutive months preceding the commencement of the freshman year at an institution of higher education2 7,b7 has not completed an undergraduate baccalaureate course of study2 and 7,c7 is enrolled as an undergraduate student in an eligible program 7as defined in section #dha7;b77 on at least a half-time basis4 7#c7 ,governor ,the term ,governor means the chief executive of an outlying area4 7#d7 ,outlying area ,the term outlying area means the ,northern ,mariana ,islands1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 ,guam1 and the ,freely ,associated ,states4 4 ,,iii ,federal ,pell ,grant improvements #cja4 ,federal ,pell ,grant improvements 7a7 ,repeal of scoring requirement ,section #djf of ,h4 ,con4 ,res4 #ie 7#ajith ,congress7 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 by striking 7a7 ,in general and inserting the following3 ,upon4 7b7 ,amendment to ,federal ,pell ,grants ,section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 is amended-- 7#a7 in subsection 7b71 by striking paragraphs 7#e71 7#f71 and 7#g7 and inserting the following3 7#e7 ,maximum ,federal ,pell ,grant 7,a7 ,award year #bjbf-bjbg ,for award year #bjbf-bjbg1 the total maximum ,federal ,pell ,grant shall be-- 7i7 in the case of an eligible student who is in attendance at an institution of higher education described in section #aja or a ,tribal ,college or ,university described in section #caf7;b77#c71 #ad1gij2 or 7ii7 in the case of an eligible student who is in attendance at an institution of higher education not described in clause 7i71 #g1cie4 7,b7 ,subsequent award years ,for award year #bjbg-bjbh1 and each subsequent award year1 the total maximum ,federal ,pell ,grant shall be equal to the total maximum ,federal ,pell ,grant for the preceding award year 7applicable to the institution at which the eligible student is in attendance7-- 7i7 increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined2 and 7ii7 rounded to the nearest #e4 7,c7 ,definition of annual adjustment percentage ,in this paragraph1 the term annual adjustment percentage1 as applied to an award year1 is equal to the estimated percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary1 using the definition in section #dgh7;f77 for the most recent calendar year ending prior to the beginning of that award year4 7#f7 ,appropriation of funds ,there are authorized to be appropriated1 and there are appropriated1 out of any money in the ,treasury not otherwise appropriated1 such sums as may be necessary for fiscal year #bjbf and each subsequent fiscal year to provide the maximum ,federal ,pell ,grant for which a student shall be eligible under this section during an award year4 7#g7 ,no effect on previous appropriations ,the amendments made to this section by the ,,fafsa ,simplification ,act shall not-- 7,a7 increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year #bjag1 #bjah1 #bjai1 #bjbj1 #bjba1 #bjbb1 #bjbc1 #bjbd1 or #bjbe as of the day before the effective date of such ,act2 or 7,b7 extend the period of availability for obligation that applied to any such amount1 as of the day before such effective date4 2 7#b7 in subsection 7d77#e77;,a71 by striking shall not exceed #ab semesters1 or the equivalent of #ab semesters1 as determined by the ,secretary by regulation and inserting shall not exceed #g years and #f months2 7#c7 in subsection 7f71 by striking ,any disbursement allowed to be made by crediting the student's account shall be limited to tuition and fees1 and food and housing if that food and housing is institutionally owned or operated4 ,the student may elect to have the institution provide other such goods and services by crediting the student's account4 and inserting ,payments under this section may be used by the student for living and nontuition expenses42 7#d7 by striking subsections 7g7 and 7h72 and 7#e7 by redesignating subsections 7i7 and 7j7 as subsections 7g7 and 7h71 respectively4 7c7 ,eligibility for ,dreamer students and students with other immigrations statuses ,section #dhd of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajia7 is amended-- 7#a7 by striking subsection 7a77#e7 and inserting the following3 7#e7 be-- 7,a7 a citizen or national of the ,united ,states1 a permanent resident of the ,united ,states1 or able to provide evidence from the ,immigration and ,naturalization ,service that he or she is in the ,united ,states for other than a temporary purpose with the intention of becoming a citizen or permanent resident1 or be a ,dreamer student1 as defined in subsection 7u72 or 7,b7 in the case of eligibility to receive a ,federal ,pell ,grant1 a citizen or national of the ,united ,states1 a permanent resident of the ,united ,states1 able to provide evidence from the ,immigration and ,naturalization ,service that he or she is in the ,united ,states for other than a temporary purpose with the intention of becoming a citizen or permanent resident1 a ,dreamer student 7as defined in subsection 7u771 or subject to a grant of deferred enforced departure1 a grant of deferred action pursuant to the ,deferred ,action for ,childhood ,arrivals policy announced by the ,secretary of ,homeland ,security on ,june #ae1 #bjab1 or temporary protected status under section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a72 and 2 and 7#b7 by adding at the end the following3 7u7 ,dreamer students 7#a7 ,in general ,in this section1 the term ,dreamer student means an individual who-- 7,a7 was younger than #af years of age on the date on which the individual initially entered the ,united ,states2 7,b7 has provided a list of each secondary school that the individual attended in the ,united ,states2 and 7,c7 7i7 has earned a high school diploma1 the recognized equivalent of such diploma from a secondary school1 or a high school equivalency diploma in the ,united ,states or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins2 7ii7 has earned a degree from an institution of higher education or has completed not less than #b years in a program for a baccalaureate degree or higher degree at an institution of higher education in the ,united ,states and has made satisfactory academic progress1 as defined in subsection 7c71 during such time period2 7iii7 at any time was eligible for a grant of deferred action under-- 7,i7 the ,june #ae1 #bjab1 memorandum from the ,secretary of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children2 or 7,,ii7 the ,november #bj1 #bjad1 memorandum from the ,secretary of ,homeland ,security entitled ,exercising ,prosecutorial ,discretion with ,respect to ,individuals ,who ,came to the ,united ,states as ,children and with ,respect to ,certain ,individuals ,who ,are the ,parents of ,u4,s4 ,citizens or ,permanent ,residents2 or 7iv7 has served in the uniformed services1 as defined in section #aja of title #aj1 ,united ,states ,code1 for not less than #d years and1 if discharged1 received an honorable discharge4 7#b7 ,hardship exception ,the ,secretary shall issue regulations that direct when the ,department shall waive the requirement of subparagraph 7,a7 or 7,b71 or both1 of paragraph 7#a7 for an individual to qualify as a ,dreamer student under such paragraph1 if the individual-- 7,a7 demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph 7,a7 or 7,b71 or both2 and 7,b7 satisfies the requirement of paragraph 7#a77;,c74 4 7d7 ,full exclusion from gross income for ,pell ,grants 7#a7 ,in general ,section #aag7;b7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#c7 ,special rule for ,pell ,grants ,amounts received under a ,federal ,pell ,grant under subpart #a of part ,a of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a et seq47 shall be treated as an amount received as a qualified scholarship notwithstanding whether such amount was used for qualified tuition and related expenses4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to amounts received in taxable years beginning after the date of the enactment of this ,act4 ,,iv ,inclusive student success grants #dja4 ,inclusive student success grants ,part ,f of title ,,vii of the ,higher ,education ,act of #aife1 as added by section #aja and amended by sections #bja and #bjb1 is further amended by adding at the end the following3 #d ,inclusive student success grants #hjj4 ,definitions ,in this subpart3 7#a7 ,eligible ,state ,the term eligible ,state means a ,state that is a recipient of a grant under subpart #a4 7#b7 ,evidence tiers 7,a7 ,evidence tier #a ,the term evidence tier #a1 when used with respect to a reform or practice1 means a reform or practice that meets the criteria for receiving an expansion grant from the education innovation and research program under section #dfaa7;a77#b7 of the ,elementary and ,secondary ,education ,act of #aife1 as determined by the ,secretary in accordance with such section4 7,b7 ,evidence tier #b ,the term evidence tier #b1 when used with respect to a reform or practice1 means a reform or practice that meets the criteria for receiving a mid-phase grant from the education innovation and research program under section #dfaa7;a77#b7 of the ,elementary and ,secondary ,education ,act of #aife1 as determined by the ,secretary in accordance with such section4 7#c7 ,first generation college student ,the term first generation college student has the meaning given the term in section #djb;,a7h77#c74 7#d7 ,eligible institution ,the term eligible institution means-- 7,a7 an under-funded institution2 or 7,b7 an institution that is-- 7i7 a part ,b institution 7as defined in section #cbb72 7ii7 a ,hispanic-serving institution 7as defined in section #ejb7;a772 7iii7 an ,alaska ,native-serving institution 7as defined in section #cag7;b772 7iv7 a ,native ,hawaiian-serving institution 7as defined in section #cag7;b772 7v7 a ,predominantly ,black ,institution 7as defined in section #cah7;b772 7vi7 an ,asian ,american and ,native ,american ,pacific ,islander-serving institution 7as defined in section #cbj7;b772 or 7vii7 a ,native ,american-serving1 nontribal institution 7as defined in section #cai7;b774 7#e7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf4 7#f7 ,underfunded institution ,the term underfunded institution means a public #b-year institution of higher education or public #d-year institution of higher education that receives less than the national average of ,state appropriations per full-time equivalent student4 #hja4 ,inclusive student success grants 7a7 ,in general ,the ,secretary shall award grants to eligible ,states and ,tribal ,colleges and ,universities to improve student outcomes by carrying out or scaling the activities described in section #hjd4 7b7 ,distribution of funds ,from amounts appropriated to carry out this subpart1 the ,secretary shall-- 7#a7 distribute #aj percent of the appropriated amount in any fiscal year for grants to ,tribal ,colleges or ,universities1 which shall be distributed according to the formula in section #caf7;d77#c77;,b71 to carry out the activities described in section #hjd to implement reforms or practices that meet evidence tier #a or evidence tier #b2 7#b7 use #b percent of the appropriated amount in any fiscal year to evaluate the effectiveness of the activities carried out under this subpart2 7#c7 distribute #fj percent of the appropriated amount in any fiscal year to award competitive grants to eligible ,states to carry out activities described in section #hjd2 7#d7 distribute #ah percent of the appropriated amount in any fiscal year to supplement the competitive grant amounts awarded to eligible ,states under paragraph 7#c7 to implement reforms or practices that meet evidence tier #a2 and 7#e7 distribute #aj percent of the appropriated amount in any fiscal year to supplement the competitive grant amounts awarded to eligible ,states under paragraph 7#c7 to implement reforms or practices that meet evidence tier #a or evidence tier #b1 or a combination of such reforms or practices4 #hjb4 ,application 7a7 ,in general ,an eligible ,state or ,tribal ,college or ,university that desires to receive a grant under this subpart shall submit an application to the ,secretary at such time1 in such manner1 and accompanied by such information as the ,secretary may require4 ,the application shall include1 at a minimum1 a description of-- 7#a7 in the case of an eligible ,state1 how the eligible ,state will-- 7,a7 prioritize spending for underfunded institutions in the ,state and close gaps in ,state appropriations per full-time equivalent student with respect to institutions in the ,state described in section #hjj7d77;,b72 and 7,b7 sustain such reforms or practices2 and 7#b7 in the case of an eligible ,state or ,tribal ,college or ,university1 how the eligible ,state or ,tribal ,college or ,university will use the funds to implement or expand evidence-based reforms or practices funded by a grant under this subpart to improve student outcomes at eligible institutions in such ,state or the ,tribal ,college or ,university4 7b7 ,priority ,in awarding grants under this subpart1 the ,secretary shall give priority to eligible ,states that propose to use a significant share of grant funds to improve enrollment1 retention1 transfer1 or completion rates or labor market outcomes among students with disparate outcomes1 such as students of color1 low-income students1 students with disabilities1 students in need of remediation1 first generation college students1 student parents1 and other underserved student populations in such ,state4 #hjc4 ,grant amounts ,in awarding grants under this subpart to eligible ,states1 the ,secretary shall determine grant amounts based on the number of students enrolled at eligible institutions in the ,state who receive a ,federal ,pell ,grant4 #hjd4 ,use of grant funds ,an eligible ,state or ,tribal ,college or ,university that receives a grant under this subpart shall1 directly or in collaboration with institutions of higher education and other nonprofit organizations1 use the grant funds to implement evidence-based reforms or practices1 which may include one or more of the following3 7#a7 ,providing comprehensive academic1 career1 and student support services1 including mentoring1 advising1 or case management services4 7#b7 ,providing assistance in applying for and accessing direct support services1 financial assistance1 or means-tested benefit programs to meet the basic needs of students4 7#c7 ,providing accelerated learning opportunities1 including dual or concurrent enrollment programs and early college high school programs4 7#d7 ,reforming remedial or developmental education1 course scheduling1 or credit awarding policies4 7#e7 ,improving transfer pathways between community colleges and #d-year institutions of higher education in the eligible ,state1 or1 in the case of a ,tribal ,college or ,university1 between the ,tribal ,college or ,university and other institutions of higher education4 7#f7 ,making investments in academic advisors1 mental health counselors1 trauma-informed care1 and tutors4 7#g7 ,reducing class sizes4 #hje4 ,program requirements 7a7 ,goals ,the ,secretary shall require eligible ,states or ,tribal ,colleges or ,universities that receive funds under this subpart to set goals regarding student outcomes4 7b7 ,progress 7#a7 ,national progress ,the ,secretary shall track progress in improving student outcomes for eligible ,states that receive grants under this subpart1 including conducting independent evaluations of support programs funded under this subpart4 7#b7 ,state progress ,as a condition of continuing to receive funds under this subpart1 for each year in which an eligible ,state participates in the program under this subpart1 the eligible ,state shall demonstrate to the satisfaction of the ,secretary that the eligible ,state has made adequate progress in implementing or expanding evidence-based reforms or practices1 and improving enrollment1 retention1 transfer1 or completion rates or labor market outcomes among students with disparate outcomes1 such as students of color1 low-income students1 students with disabilities1 students in need of remediation1 first generation college students1 student parents1 and other underserved student populations in such ,state4 7c7 ,supplement1 not supplant ,grant funds awarded under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 local1 and institutional funds that would otherwise be expended to carry out activities assisted under this subpart4 #hjf4 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subpart-- 7#a7 such sums as may be necessary for the fourth quarter of fiscal year #bjbe2 7#b7 #aj1jjj1jjj1jjj for fiscal year #bjbf2 and 7#c7 such sums as may be necessary for each of the following fiscal years4 4 ,v ,increasing support for students #eja4 ,increasing success for low-income and first generation students 7a7 ,authorization of appropriations for ,federal ,,trio programs ,section #djb;,a7g7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#aa7;g77 is amended by striking #ijj1jjj1jjj for fiscal year #bjji and such sums as may be necessary for each of the five succeeding fiscal years and inserting #c1jjj1jjj1jjj for fiscal year #bjbf1 and such sums as may be necessary for each of fiscal years #bjbg through #bjce4 7b7 ,authorization of appropriations for gear ,up programs ,section #djd;,h of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a-#bh7 is amended by striking #djj1jjj1jjj and all that follows through the period and inserting #gcf1jjj1jjj for fiscal year #bjbf1 and such sums as may be necessary for each of fiscal years #bjbg through #bjbi44 ,,vi ,investments in historically ,black colleges and universities1 ,tribal ,colleges or ,universities1 and other minority-serving institutions #fja4 ,appropriations for historically ,black colleges and universities1 ,tribal colleges and universities1 and minority-serving institutions 7a7 ,in ,general ,section #cga7;b77#a77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#a77;,a77 is amended by striking #bee1jjj1jjj and all that follows through the period and inserting #eaj1jjj1jjj for fiscal year #bjbf and each fiscal year thereafter44 7b7 ,allocation and allotment ,section #cga7;b77#b77;,a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7b77#b77;,a77 is amended-- 7#a7 in clause 7i71 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 7#b7 in clause 7ii71 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj2 and 7#c7 in clause 7iii71 by striking #ee1jjj1jjj and inserting #aaj1jjj1jjj4 ,,vii ,snyder ,act #gja4 ,rule of construction regarding the ,snyder ,act ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to change or abrogate the ,federal ,government's responsibilities under the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac7 7commonly known as the ,snyder ,act74