,,ii #aaith ,,congress #b;d ,session ,s4 #effe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,ms4 ,baldwin 7for herself1 ,mr4 ,durbin1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,lujn1 ,mrs4 ,murray1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,higher ,education ,act of #aife to establish grants for tuition-free community colleges1 student success grants1 and grants for ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,america's ,college ,promise ,act of #bjbf4 ,i ,grants for tuition-free community colleges #aja4 ,program authorized ,title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq47 is amended by adding at the end the following3 ,j ,america's college promise ,federal-,state partnership #a ,grants for tuition-free community college #dii;,a4 ,in general ,from amounts appropriated under section #dii;,g for any fiscal year1 the ,secretary shall award grants to eligible ,states and eligible ,tribal ,colleges and ,universities to pay the ,federal share of expenditures needed to carry out the activities and services described in section #dii;,e4 #dii;,b4 ,federal share2 non-,federal 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 formula1 determined by the ,secretary1 that provides1 for each eligible student enrolled in a community college operated or controlled by the ,state or in an eligible ,tribal ,college or ,university1 a per-student amount that is equal to the applicable percent described in subparagraph 7,b7 of-- 7i7 for the #bjbg-bjbh award year1 the average unweighted resident community college tuition and fees per student in all ,states for the most recent year for which data are available2 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 #bjbg-bjbh award year1 #ajj percent2 7ii7 for the #bjbh-bjbi award year1 #ie percent2 7iii7 for the #bjbi-bjcj award year1 #ij percent2 7iv7 for the #bjcj-bjca award year1 #he percent2 and 7v7 for the #bjca-bjcb award year and each subsequent award year1 #hj percent4 7#b7 ,tribal colleges and universities ,the amount of the ,federal share for an eligible ,tribal ,college or ,university receiving a grant under this subpart shall be the greater of-- 7,a7 #ajj percent of the per-student amount determined in accordance with clause 7i7 or 7ii7 of paragraph 7#a77;,a71 as applicable1 with respect to eligible students enrolled in such eligible ,tribal ,college or ,university 7based on full-time equivalent enrollment72 or 7,b7 the amount that is #ajj percent of the total amount needed to set tuition and fees to #j for all eligible students enrolled in such eligible ,tribal ,college or ,university for the #bjbg-bjbh award year1 increased by the percentage increase in the ,consumer ,price ,index 7as determined by the ,secretary7 between ,july #a1 #bjbg1 and the applicable award year1 and adjusted to reflect the enrollment in such eligible ,tribal ,college or ,university for such applicable award year4 7b7 ,state share 7#a7 ,formula 7,a7 ,in general ,subject to subparagraph 7,b71 the ,state share of a grant under this subpart for each fiscal year shall be the amount needed to pay the applicable percent described in subparagraph 7,b7 of the average unweighted resident community college tuition and fees per student in the #bjbg-bjbh award year for all eligible students in the ,state for such award year4 7,b7 ,applicable percent ,the applicable percent shall be-- 7i7 for the #bjbg-bjbh award year1 #j percent2 7ii7 for the #bjbh-bjbi award year1 #e percent2 7iii7 for the #bjbi-bjcj award year1 #aj percent2 7iv7 for the #bjcj-bjca award year1 #ae percent2 and 7v7 for the #bjca-bjcb 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 able to set tuition and fees charged to eligible students attending community colleges operated or controlled by the ,state to #j as required by section #dii;,d without such ,state share4 7,d7 ,no double counting funds ,no funds that count toward the maintenance of effort requirement under section #dii;,d7c7 may 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 percent used to calculate the ,federal share for such area or territory1 in proportion to the reduction in the applicable percent used to calculate such ,state share4 7ii7 ,definition ,for the purposes of 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 such ,state will not experience a net reduction in total per-student revenue 7including revenue derived from tuition and fees7 as compared to 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 that is not awarded predominantly on the basis of merit2 and 7,b7 any funds provided to community colleges by local governments in such ,state for the purpose of carrying out this subpart1 including for the purpose of setting community college tuition and fees for eligible students to #j as required under section #dii;,d4 7#c7 ,relationship to maintenance of effort ,the inclusion of funds described in paragraph 7#b7 as part of a ,state's share shall modify the maintenance of effort requirements under section #dii;,d7c7 in accordance with the provisions of-- 7,a7 section #dii;,h7#ab77;,b77iii7 with respect to funds included under paragraph 7#b77;,a72 and 7,b7 section #dii;,h7#ab77;,b77ii71 with respect to funds included under paragraph 7#b77;,b74 7#d7 ,no in-kind contributions ,a ,state shall not include in-kind contributions for purposes of the ,state share described in paragraph 7#a74 7c7 ,determining number of eligible students 7#a7 ,in general ,for purposes of subsection 7a7 and subsection 7b71 the ,secretary shall develop and implement a formula for accurately estimating the number of eligible students and for making adjustments based on the number of eligible students enrolled in the community colleges operated or controlled by a ,state or in an eligible ,tribal ,college or ,university on less than a full-time basis and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis4 7#b7 ,initial determination ,for the first year for which grants are awarded under this subpart1 the number of eligible students in a ,state or eligible ,tribal ,college or ,university shall be considered to be equal to the number of eligible students who were in the ,state or eligible ,tribal ,college or ,university for the preceding school year4 7d7 ,adjustment of grant amount ,not later than #ahj days after the date on which a ,state or eligible ,tribal ,college or ,university receives a grant under this subpart1 the ,secretary shall-- 7#a7 in consultation with the ,state or eligible ,tribal ,college or ,university concerned1 determine whether the actual number of eligible students in the ,state or eligible ,tribal ,college or ,university for the year covered by the grant is greater than the estimated number of such students that was used to determine the amount of the grant2 and 7#b7 in the case of a determination under paragraph 7#a7 that the actual number of eligible students in the ,state or eligible ,tribal ,college or ,university is higher than such estimate1 issue a supplementary grant payment to the ,state or eligible ,tribal ,college or ,university in an amount that ensures that the total amount of the grant funds received by the ,state or eligible ,tribal ,college or ,university under this subpart for the year covered by the grant accurately reflects the higher number of eligible students4 7e7 ,community colleges operated or controlled by ,state ,to include community colleges operated or controlled by local governments within the ,state ,for purposes of this subpart1 the term community college operated or controlled by a ,state shall include a community college operated or controlled by a local government within such ,state4 7f7 ,inapplicability of ,state requirements to eligible ,t,c,us ,the ,secretary may not apply any requirements applicable only to ,states under this subpart to an eligible ,tribal ,college or ,university1 including the requirements under subsection 7b7 and subsection 7b7 and 7c7 of section #dii;,d4 #dii;,c4 ,applications 7a7 ,submission ,in order to receive a grant under this subpart1 a ,state or an eligible ,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 7b7 ,contents ,each application under subsection 7a7 shall include-- 7#a7 an estimate of the number of eligible students enrolled in the community colleges operated or controlled by the ,state or in the eligible ,tribal ,college or ,university and the cost of waiving community college tuition and fees for all eligible students for each award year covered by the grant2 7#b7 in the case of a ,state1 a list of each of the community colleges operated or controlled by the ,state2 7#c7 an assurance that each community college operated or controlled by the ,state1 or the eligible ,tribal ,college or ,university1 as applicable1 will set community college tuition and fees for eligible students to #j as required by section #dii;,d7a72 7#d7 a description of the promising and evidence-based institutional reforms and innovative practices to improve student outcomes1 including transfer and completion rates1 that have been or will be adopted by each such community college1 such as-- 7,a7 providing comprehensive academic1 career1 and student support services 7including mentoring1 advising1 case management services1 and career pathway navigation71 especially for low-income1 first-generation1 and adult students1 and other students belonging to racial and other groups that are historically underrepresented in higher education2 7,b7 providing direct support services1 or assistance in applying for such services1 such as-- 7i7 childcare1 transportation1 and emergency financial assistance2 7ii7 assistance in obtaining health insurance coverage and accessing health care services1 including behavioral and mental health services2 7iii7 affordable housing2 7iv7 nutrition assistance programs or free or discounted food2 and 7v7 means-tested ,federal benefit programs1 or similar ,state1 ,tribal1 or local benefit programs2 7,c7 providing accelerated learning opportunities1 such as dual or concurrent enrollment programs1 including early college high school programs1 and reforming course scheduling and credit awarding policies to better meet the needs of students and shorten time to completion2 7,d7 strengthening and reforming remedial and developmental education1 especially for low-income1 first-generation1 and adult students1 and other students belonging to racial and other groups that are historically underrepresented in higher education1 including through the use of multiple measures 7such as a student's college entrance examination score1 grade point average1 high school course list1 or a placement examination7 to identify students in need of remedial education2 7,e7 utilizing career pathways1 including through building capacity for career and technical education1 as defined in section #c7e7 of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb7e771 and programs of study1 as defined in section #c7da7 of such ,act 7#bj ,u4,s4,c4 #bcjb7da771 or degree pathways2 or 7,f7 providing expanded opportunities for participating in work-based learning1 which may include apprenticeship programs1 in students' programs of study2 7#e7 a description of how the ,state or eligible ,tribal ,college or ,university will ensure that programs leading to a recognized postsecondary credential meet the quality criteria established by the ,state under section #abb7;b77#a7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;b77#a77 or other quality criteria determined appropriate by the ,state or eligible ,tribal ,college or ,university2 7#f7 an assurance that each community college operated or controlled by the ,state or the eligible ,tribal ,college or ,university1 as applicable1 has entered into a program participation agreement under section #dhg2 7#g7 an assurance that the ,state or eligible ,tribal ,college or ,university will assist eligible students in obtaining information about and accessing means-tested ,federal benefit programs and similar1 ,state1 ,tribal1 and local benefit programs that can provide financial assistance for any component of the student's cost of attendance1 as defined under section #dgb1 other than tuition and fees2 7#h7 an assurance that1 for each year of the grant1 the ,state or eligible ,tribal ,college or ,university will notify each eligible student of the student's remaining eligibility for assistance under this subpart2 7#i7 if the application is submitted by a ,state-- 7,a7 a description of how the ,state will support the scaling and increased adoption of the reforms and practices described in paragraph 7#d72 7,b7 an assurance that the ,state will1 to the extent practicable1 consider changes to ,state law that will enable more community college students to be eligible for means-tested ,federal benefit programs and similar ,state benefit programs2 7,c7 an assurance that the ,state will meet the requirements of section #dii;,d7b77#a7 relating to the alignment of secondary and postsecondary education2 and 7,d7 an assurance that the ,state will meet the requirements of section #dii;,d7b77#b7 relating to the improvement of transfer pathways between institutions of higher education2 and 7#aj7 an assurance that the ,state or eligible ,tribal ,college or ,university will clearly communicate to prospective students1 including students with prior college experience who have not completed a postsecondary degree or credential1 their families1 and the general public-- 7,a7 plans to implement the program funded under this subpart2 and 7,b7 how eligible students can attend a community college operated or controlled by the ,state or eligible ,tribal ,college or ,university without paying tuition and fees4 #dii;,d4 ,program requirements 7a7 ,general requirements ,as a condition of receiving a grant under this subpart1 a ,state or eligible ,tribal ,college or ,university shall meet the following requirements3 7#a7 ,ensure that the total amount of tuition and fees charged to an eligible student in the ,state or the eligible ,tribal ,college or ,university shall be #j4 7#b7 ,for each year of the grant no amount of financial assistance for which an eligible student qualifies may be applied to such tuition or fees4 7#c7 ,the ,state or eligible ,tribal ,college or ,university may not use any funds provided under this subpart for administrative purposes relating to such grant4 7b7 ,state requirements ,in addition to the requirements under subsection 7a71 as a condition of receiving a grant under this subpart1 a ,state shall meet the following requirements3 7#a7 ,alignment of ,k-#ab and higher education 7,a7 ,in general ,the ,state shall-- 7i7 submit 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 7ii7 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 7,b7 ,failure to certify ,if a ,state does not provide the certification required under subparagraph 7,a7 by the date specified in such subparagraph1 the ,state shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require-- 7i7 a written explanation for the delay in making the certification2 and 7ii7 a plan that will enable the ,state to make the certification by not later than #e years after the date on which the ,state first received a grant under this subpart4 7#b7 ,transfer pathways 7,a7 ,in general ,the ,state shall-- 7i7 submit a plan1 developed in collaboration with faculty from institutions of higher education in the ,state1 to improve transfer pathways between institutions of higher education in the ,state1 including by-- 7,i7 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 7,,ii7 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 institutions of higher education in such ,state to maximize the transferability of credits for students who transfer before completing an associate degree2 7,,iii7 expanding the use of reverse transfer policies that allow institutions to-- 7aa7 implement the process of retroactively granting a certificate or associate degree to students who had not completed the requirements for such certificate or degree before they transferred2 and 7bb7 allow academic credits for coursework completed at a #d-year institution to be applied to a previously attended community college for the purpose of obtaining an associate degree or a certificate2 and 7,,iv7 ensuring that students attending community colleges in the ,state have access to comprehensive counseling regarding the process for transferring to a #d-year institution of higher education2 and 7ii7 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 clause 7i7 and is meeting the requirements of subclauses 7,i7 through 7,,iv7 of such clause4 7,b7 ,failure to certify ,if a ,state does not provide the certification required under subparagraph 7,a7 by the date specified in such subparagraph1 the ,state shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require-- 7i7 a written explanation for the delay in making the certification2 and 7ii7 a plan that will enable the ,state to make the certification by not later than #e years after the date on which the ,state first received a grant under this subpart4 7#c7 ,applicability ,the ,secretary may not apply the requirements under this subsection to an eligible ,tribal ,college or ,university4 7c7 ,state maintenance of effort ,a ,state receiving a grant under this subpart shall be entitled to receive its full allotment of funds under this subpart for a fiscal year only if1 for each year of the grant1 the ,state provides-- 7#a7 ,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 consecutive preceding fiscal years2 7#b7 financial support for operating expenses 7excluding capital expenses and research and development costs7 for public #d-year institutions of higher education at a level equal to or exceeding the average amount provided for the #c consecutive preceding ,state fiscal years2 and 7#c7 financial support for need-based financial aid at a level equal to or exceeding the average amount provided for the #c consecutive preceding ,state fiscal years4 7d7 ,no additional eligibility requirements ,a ,state or eligible ,tribal ,college or ,university that receives a grant under this subpart may not impose additional eligibility requirements on eligible students other than the requirements under this subpart4 7e7 ,eligibility for benefits ,no individual shall be determined to be ineligible to receive benefits provided under this subpart 7including tuition and fees set to #j and other aid provided under this subpart7 on the basis of citizenship1 alienage1 or immigration status4 #dii;,e4 ,allowable uses of funds 7a7 ,in general ,except as provided in subsection 7b71 a ,state or eligible ,tribal ,college or ,university shall use a grant under this subpart only to ensure that the total amount of tuition and fees charged to an eligible student in the ,state or the eligible ,tribal ,college or ,university shall be #j4 7b7 ,additional uses ,if a ,state or an eligible ,tribal ,college or ,university demonstrates to the ,secretary that the ,state or eligible ,tribal ,college or ,university has grant funds remaining after meeting the demand for activities described in subsection 7a71 the ,state or eligible ,tribal ,college or ,university may use those funds to carry out #a or more of the following3 7#a7 ,providing need-based financial aid to students that may be used by such students to pay any component of cost of attendance1 as defined under section #dgb4 7#b7 ,improving student outcomes by implementing evidence-based institutional reforms or practices4 7#c7 ,enhancing the quality and equity of public higher education to improve student outcomes1 including transfer and completion rates and labor market outcomes4 7#d7 ,investing in and diversifying the academic workforce4 7#e7 ,expanding the scope and capacity of high-quality academic and occupational skills training programs at community colleges1 which may include collaboration with one or more industry or sector partnerships 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb774 7#f7 ,improving postsecondary education readiness in the ,state1 including through outreach and early intervention4 7#g7 ,expanding access to dual or concurrent enrollment programs1 such as early college high school programs4 7#h7 ,reducing unmet need at public #d-year institutions of higher education4 7c7 ,use of funds for administrative purposes ,a ,state or ,tribal ,college or ,university that receives a grant under this subpart may not use any funds provided under this subpart for administrative purposes relating to such grant4 7d7 ,supplement1 not supplant ,funds made available under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 and local funds that would otherwise be expended to carry out activities described in this section4 7e7 ,report requirements 7#a7 ,reporting by ,states ,a ,state receiving a grant under this subpart shall submit to the ,secretary an annual report that shall include-- 7,a7 the uses of grant funds under this subpart2 7,b7 the progress made in fulfilling the requirements of the grant2 7,c7 the rates of transfer1 graduation1 and attainment of recognized postsecondary credentials at participating community colleges1 disaggregated by race1 income1 and age2 and 7,d7 any other information that the ,secretary may require4 7#b7 ,reporting by ,secretary ,the ,secretary shall1 on an annual basis-- 7,a7 compile and analyze the information described in paragraph 7#a72 and 7,b7 prepare and submit to the authorizing committees a report containing-- 7i7 the analysis described in subparagraph 7,a72 and 7ii7 an identification of ,state and best practices for achieving the purpose of this subpart4 7f7 ,technical assistance ,the ,secretary shall provide technical assistance to ,states and eligible ,tribal ,colleges and ,universities concerning best practices regarding the promising and evidence-based institutional reforms and innovative practices to improve student outcomes and shall disseminate such best practices among such entities4 7g7 ,continuation of funding 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or an eligible ,tribal ,college or ,university receiving a grant under this subpart for a fiscal year may continue to receive funding under this subpart for future fiscal years conditioned on the availability of budget 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 subpart if the ,state or eligible ,tribal ,college or ,university has violated the terms of the grant or is not making adequate progress in implementing the reforms described in the application submitted under section #dii;,c4 7h7 ,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 #dii;,f4 ,automatic stabilizers for america's college promise 7a7 ,maintenance of effort relief ,notwithstanding subsection 7c7 of section #dii;,d1 a ,state that meets the qualifying spending requirements may request a waiver of the requirements under such subsection 7c74 ,the ,secretary shall waive the requirements of such subsection 7c7 for a ,state that makes a qualifying request under this subsection 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 in 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 7d71 for-- 7,a7 the fiscal year in 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 match relief ,notwithstanding subsection 7b7 of section #dii;,b1 a ,state that is eligible for relief under tier ,,ii1 ,,iii1 ,,iv1 or ,v may request relief with respect to the requirements of such subsection 7b74 ,the ,secretary shall provide relief from the requirements of such subsection 7b71 for the applicable fiscal year or years1 for a ,state that makes a qualifying request under this paragraph as follows3 7,a7 ,tier ,,ii ,with respect to a ,state that is eligible for relief under tier ,,ii1 the ,secretary shall-- 7i7 apply section #dii;,b7a77#a77;,b77v7 by substituting #he percent for #hj percent2 and 7ii7 apply section #dii;,b7b77#a77;,b77v7 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-- 7i7 apply section #dii;,b7a77#a77;,b77v7 by substituting #ij percent for #hj percent2 7ii7 apply section #dii;,b7b77#a77;,b77v7 by substituting #aj percent for #bj percent2 7iii7 apply section #dii;,b7a77#a77;,b77iv7 by substituting #ij percent for #he percent2 and 7iv7 apply section #dii;,b7b77#a77;,b77iv7 by substituting #aj percent for #ae percent4 7,c7 ,tier ,,iv ,with respect to a ,state that is eligible for relief under tier ,,iv1 the ,secretary shall-- 7i7 apply section #dii;,b7a77#a77;,b77v7 by substituting #ie percent for #hj percent2 7ii7 apply section #dii;,b7b77#a77;,b77v7 by substituting #e percent for #bj percent2 7iii7 apply section #dii;,b7a77#a77;,b77iv7 by substituting #ie percent for #he percent2 7iv7 apply section #dii;,b7b77#a77;,b77iv7 by substituting #e percent for #ae percent2 7v7 apply section #dii;,b7a77#a77;,b77iii7 by substituting #ie percent for #ij percent2 and 7vi7 apply section #dii;,b7b77#a77;,b77iii7 by substituting #e percent for #aj percent4 7,d7 ,tier ,v ,with respect to a ,state that is eligible for relief under tier ,v1 the ,secretary shall-- 7i7 apply section #dii;,b7a77#a77;,b77v7 by substituting #ajj percent for #hj percent2 7ii7 apply section #dii;,b7b77#a77;,b77v7 by substituting #j percent for #bj percent2 7iii7 apply section #dii;,b7a77#a77;,b77iv7 by substituting #ajj percent for '#he percent'2 7iv7 apply section #dii;,b7b77#a77;,b77iv7 by substituting #j percent for #ae percent2 7v7 apply section #dii;,b7a77#a77;,b77iii7 by substituting #ajj percent for #ij percent2 7vi7 apply section #dii;,b7b77#a77;,b77iii7 by substituting #j percent for #aj percent2 7vii7 apply section #dii;,b7a77#a77;,b77ii7 by substituting #ajj percent for #ie percent2 and 7viii7 apply section #dii;,b7b77#a77;,b77ii7 by substituting #j percent for #e percent4 7#b7 ,applicable fiscal 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#a71 in accordance with subsection 7d71 for-- 7,a7 the fiscal year in 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 7c7 ,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 in which-- 7,a7 7i7 the ,state was in an elevated unemployment period at any point in the fiscal year2 or 7ii7 the ,nation as a whole was in an elevated unemployment period at any point in the fiscal year2 and 7,b7 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 year in which-- 7,a7 7i7 the ,state average unemployment rate was equal to or greater than #f4e percent but less than #g4e percent at any point in the fiscal year2 or 7ii7 the national average unemployment rate is equal to or greater than #f4e percent but less than #g4e percent at any point in the fiscal year2 and 7,b7 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 year in which-- 7,a7 7i7 the ,state average unemployment rate was equal to or greater than #g4e percent but less than #h4e percent at any point in the fiscal year2 or 7ii7 the national average unemployment rate is equal to or greater than #g4e percent but less than #h4e percent at any point in the fiscal year2 and 7,b7 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 year in which-- 7,a7 7i7 the ,state average unemployment rate was equal to or greater than #h4e percent but less than #i4e percent at any point in the fiscal year2 or 7ii7 the national average unemployment rate is equal to or greater than #h4e percent but less than #i4e percent at any point in the fiscal year2 and 7,b7 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 year in which-- 7,a7 the ,state average unemployment rate was equal to or greater than #i4e percent at any point in the fiscal year2 or 7,b7 the national average unemployment rate is equal to or greater than #i4e percent at any point in the fiscal year4 7d7 ,discretion in the provision of relief ,in determining the fiscal years for which to provide relief in accordance with subsections 7a77#b7 and 7b7 to a ,state that is eligible under tier ,,ii1 ,,iii1 ,,iv1 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 #dii;,d7c7 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 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 extent to which the ,state is unable to meet the requirements of section #dii;,b7b7 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 extent to which the ,state anticipates being unable to meet such requirements for such succeeding fiscal year4 7#c7 ,the actual or anticipated timing1 severity1 and duration of the unemployment rate increase during-- 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 and 7,c7 the fiscal year preceding the fiscal year described in subparagraph 7,a74 7#d7 ,other factors determined to be relevant by the ,secretary4 7e7 ,continued payment to employees ,a ,state that receives relief under subsection 7a7 or 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 7f7 ,definitions ,in this section3 7#a7 ,elevated unemployment period ,the term elevated unemployment period-- 7,a7 when used with respect to the ,nation as a whole1 means a consecutive1 #c-month period in a fiscal year in which the national average unemployment rate is not less than #j4e percentage points above the lowest national average unemployment rate for the #ab-month period preceding such #c-month period2 and 7,b7 when used with respect to a ,state1 means a consecutive1 #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 ,qualifying spending requirements ,the term qualifying spending requirements means the requirements that a ,state not disproportionately decrease spending for any of the categories described in paragraphs 7#a7 through 7#c7 of section #dii;,d7c7 relative to such ,state's overall1 average decrease in spending for the #c consecutive preceding fiscal years4 7#c7 ,national average unemployment rate ,the term national average unemployment rate means the average 7seasonally adjusted7 rate of total unemployment in all ,states for a consecutive1 #c-month period in a fiscal year1 based on data from the ,bureau of ,labor ,statistics of the ,department of ,labor4 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 consecutive1 #c-month period in a fiscal year1 based on data from the ,bureau of ,labor ,statistics of the ,department of ,labor4 #dii;,g4 ,appropriations ,there are authorized to be appropriated1 and there are appropriated to carry out this subpart 7in addition to any other amounts appropriated to carry out this subpart and out of any money in the ,treasury not otherwise appropriated71 such sums as may be necessary for fiscal year #bjbg and each succeeding fiscal year4 #dii;,h4 ,definitions ,in this subpart3 7#a7 ,apprenticeship ,the term apprenticeship means an apprenticeship program registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc2 #bi ,u4,s4,c4 #ej et seq474 7#b7 ,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#c7 ,community college ,the term community college means-- 7,a7 a degree-granting public institution of higher education at which-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the predominant degree awarded2 7,b7 an eligible ,tribal ,college or ,university2 7,c7 a degree-granting branch campus of a #d-year public institution of higher education if1 at such branch campus-- 7i7 the highest degree awarded is an associate degree2 or 7ii7 an associate degree is the predominant degree awarded2 or 7,d7 at the designation of the ,secretary1 in the case of a ,state that does not operate or control any institution that meets a definition under subparagraph 7,a7 or 7,c71 a college or similarly defined and structured academic entity-- 7i7 that was in existence on ,july #a1 #bjba2 7ii7 within a #d-year public institution of higher education2 and 7iii7 at which-- 7,i7 the highest degree awarded is an associate degree2 or 7,,ii7 an associate degree is the predominant degree awarded4 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 ,the term eligible student means a student who-- 7,a7 is enrolled as an undergraduate student in an eligible program 7as defined in section #dha7;b77 at a community college on not less than a half-time basis2 7,b7 in the case of a student who is enrolled in a community college that charges different tuition rates on the basis of in-,state or in-district residency1 either-- 7i7 qualifies for in-,state or in-district resident community college tuition2 or 7ii7 would qualify for such in-,state or in-district resident tuition at such community college1 but for the immigration status of such student2 7,c7 has not been enrolled 7whether full-time or less than full-time7 for more than #f semesters 7or the equivalent7 for which community college tuition and fees of the student were set to #j pursuant to section #dii;,d7a72 7,d7 is not enrolled in a dual or concurrent enrollment program or an early college high school2 and 7,e7 in the case of a student who is a ,united ,states citizen1 has filed a ,free ,application for ,federal ,student ,aid described in section #dhc for the applicable award year for which the student is enrolled4 7#g7 ,eligible ,tribal ,college or ,university ,the term eligible ,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 an associate degree is the predominant degree awarded4 7#h7 ,evidence-based institutional reforms and innovative practices ,the term evidence-based institutional reforms and innovative practices means practices or reforms that meet the criteria for strong evidence and moderate evidence under paragraph 7#ba7 of section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7ba771 as determined by the ,secretary in accordance with such paragraph4 7#i7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja4 7#aj7 ,means-tested ,federal benefit program ,the term means-tested ,federal benefit program has the meaning given the term in section #dgi7;b77#d77;,h74 7#aa7 ,recognized postsecondary credential ,the term recognized postsecondary credential has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb74 7#ab7 ,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 a fiscal year1 means an amount that is equal to-- 7,i7 the gross amount of applicable ,state funds appropriated or dedicated1 and expended 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 7ii74 7ii7 ,local funds ,in the case of a ,state that includes1 as part of the ,state share under section #dii;,b7b77#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 such ,state for operating expenses 7excluding capital expenses and research and development costs7 shall be included in the calculation of the ,state fiscal support for higher education for such award year under clause 7i74 7,b7 ,exclusions ,state fiscal support for higher education for a ,state for a fiscal year shall not include-- 7i7 funds described in subparagraph 7,a77i7 that are returned to the ,state2 7ii7 ,state-appropriated funds derived from ,federal sources1 including funds provided under section #dii;,b7b7 and section #dii;,j7b72 7iii7 funds that are included in the ,state share under section #dii;,b7b7 7except as provided in subparagraph 7,a77ii7 of this paragraph71 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 a public 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 education2 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 on the basis of merit1 including programs awarded on the basis of predicted or actual academic performance or assessment2 7,,iii7 research and development2 7,,iv7 hospitals1 athletics1 or other auxiliary enterprises2 or 7,v7 corporate or other private donations directed to #a or more institutions of higher education permitted to be expended by the ,state2 or 7vii7 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 take into consideration any adjustments to the calculations under this paragraph that may be required to accurately reflect ,state fiscal support for higher education in ,states with biennial appropriation cycles4 7#ac7 ,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 means1 the amount that is equal to-- 7,a7 the ,state fiscal support for higher education for the previous 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 previous fiscal year4 7#ad7 ,tribal ,college or ,university ,the term ,tribal ,college or ,university has the meaning given such term in section #caf7;b77#c74 4 ,,ii ,student success fund #bja4 ,student success fund ,part ,j of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 as added by section #aja1 is further amended by adding at the end the following3 #b ,student success fund #dii;,i4 ,in general 7a7 ,in general ,from amounts appropriated under section #dii,o for any fiscal year1 the ,secretary shall carry out a grant program 7to be known as the ,student ,success ,fund7 to make grants to eligible entities to carry out the activities and services described in section #dii,l4 7b7 ,priority ,in awarding funds under this subpart1 the ,secretary shall give priority to eligible entities that propose to use a significant share of grant funds to improve enrollment1 retention1 transfer1 or completion rates or labor market outcomes among students of color1 low-income students1 students with disabilities1 students in need of remediation1 first-generation college students1 student parents1 and other underserved student populations4 #dii;,j4 ,federal share and matching funds 7a7 ,federal share 7#a7 ,formula requirements ,the ,federal share of a grant under this subpart shall be based on a formula1 developed by the ,secretary1 that accounts for-- 7,a7 the ,state or ,tribal ,college or ,university relative share of eligible students1 as determined in accordance with section #dii;,b7c72 7,b7 the ,state or ,tribal ,college or ,university relative share of ,federal ,pell ,grant recipients2 and 7,c7 the ratio between a ,state or ,tribal ,college or ,university funding per full-time equivalent 7,,fte7 student at public institutions of higher education and the average net price at public #d-year institutions of higher education1 in such a way as to reward ,states and ,indian ,tribes that keep net prices for students low while maintaining their fiscal support for higher education4 7#b7 ,formula published before application deadline ,the ,secretary shall-- 7,a7 develop the formula described in paragraph 7#a72 7,b7 calculate estimated allotments for each eligible entity under such formula2 and 7,c7 publish such formula and estimated allotments not later than the date of the notice soliciting applications for participation in the program under this subpart4 7b7 ,matching funds 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity participating in the program under this subpart shall provide1 from non-,federal sources1 in cash or in-kind-- 7,a7 in each of the first1 second1 third1 and fourth years of participation in the program1 an amount equal to #be percent of the amount such entity received under subsection 7a7 with respect to such year2 7,b7 in each of the fifth and sixth years of participation in the program1 an amount equal to #ej percent of the amount such entity received under subsection 7a7 with respect to such year2 7,c7 in each of the seventh and eighth years of participation in the program1 an amount equal to #ge percent of the amount such entity received under subsection 7a7 with respect to such year2 and 7,d7 in the ninth year and each subsequent year thereafter of participation in the program1 an amount equal to #ajj percent of the amount such entity received under subsection 7a7 with respect to such year4 7#b7 ,exception for ,tribal ,colleges and ,universities ,the ,secretary may modify or waive the matching fund requirements under paragraph 7#a7 in the case of an eligible entity that is a ,tribal ,college or ,university4 7#c7 ,reallotment ,if an eligible entity returns to the ,secretary any portion of the grant amount provided to such eligible entity under this subpart for any fiscal year1 or requests a grant amount that is less than the ,federal share determined for such entity in accordance with subsection 7a71 the ,secretary shall reallot such excess amount for the succeeding fiscal year1 in addition to the amounts appropriated under #dii,o for such succeeding fiscal year4 7c7 ,supplement1 not supplant ,grant funds awarded under this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 and local funds that would otherwise be expended to carry out activities assisted under this subpart4 #dii,k4 ,applications 7a7 ,in general ,to be eligible to participate in the program under this subpart1 an eligible entity shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a plan that includes-- 7,a7 the amount of funds requested by the eligible entity under this subpart and the intended use of such funds2 7,b7 how the eligible entity will use the requested funds to implement promising and evidence-based institutional reforms and innovative practices to improve student outcomes1 including-- 7i7 implementation of the reforms and practices identified by such entity under section #dii;,c7b77#d72 and 7ii7 annual implementation benchmarks that the entity will use to track progress in implementing such reforms and practices2 7,c7 if the eligible entity is a ,state1 how such eligible entity will support the scaling of evidence-based and innovative initiatives system-wide2 7,d7 how the eligible entity will meet its matching fund requirements under section #dii;,j7b72 7,e7 if the eligible entity is a ,state1 how such eligible entity will prioritize spending on the public institutions of higher education specified in paragraph 7#b77;,b72 and 7,f7 the improvements the eligible entity anticipates in student outcomes1 including improvements in transfer rates or completion rates1 or both2 and 7#b7 if the eligible entity is a ,state1 an analysis that includes-- 7,a7 with respect to each public institution of higher education of the eligible entity-- 7i7 the total per-student funding2 7ii7 the amount of per-student funding from ,state-appropriated funds2 7iii7 the student demographics 7including data on race1 income1 disability status1 and remediation72 and 7iv7 transfer and completion rates1 including such rates among low-income students1 students of color1 students with disabilities1 and students in need of remediation2 and 7,b7 whether1 of the public institutions of higher education of the eligible entity1 the public institutions of higher education that received less funding on a per-student basis described in clause 7i7 or 7ii71 or both1 of subparagraph 7,a71 are serving disproportionately high shares of low-income students1 students of color1 students with disabilities1 or students in need of remediation4 7b7 ,approval 7#a7 ,in general ,not later than #ahj days after receiving a plan under subsection 7a71 the ,secretary shall-- 7,a7 approve the plan2 or 7,b7 require revisions to such plan4 7#b7 ,revisions required ,an eligible entity shall make such revisions as required by the ,secretary under paragraph 7#a77;,b74 7c7 ,publication ,the ,secretary shall make each plan approved under subsection 7b77#a77;,a7 and each plan revised under subsection 7b77#b7 available to the public on the website of the ,department4 #dii,l4 ,program requirements 7a7 ,general requirements 7#a7 ,report on demonstrated progress ,for the third year in which an eligible entity participates in the program under this subpart1 and every #b years thereafter1 the eligible entity shall submit a report to the ,secretary1 in such manner and containing such information as the ,secretary may require1 that includes-- 7,a7 the progress in meeting the annual implementation benchmarks included in the application of such eligible entity under section #dii,k7a77#a77;,b72 7,b7 the progress in improving the student outcomes identified by the entity under section #dii,k7a77#a77;,f72 and 7,c7 with respect to the #b years after such report is submitted-- 7i7 a plan for the use of funds under this subpart2 and 7ii7 the amount of funds requested by the eligible entity under this subpart4 7#b7 ,approval ,not later than #ahj days after receiving a plan under paragraph 7#a77;,c77i71 the ,secretary shall-- 7,a7 approve the plan2 or 7,b7 require revisions to such plan4 7#c7 ,revisions required ,an eligible entity shall make such revisions as required by the ,secretary under paragraph 7#b77;,b74 7b7 ,failure ,to meet requirements ,if an eligible entity does not meet the annual implementation benchmarks included in the application of such eligible entity under section #dii,k7a77#a77;,b71 as required to be reported under subsection 7a77#a77;,a71 such eligible entity shall submit to the ,secretary1 at such time and in such manner as the ,secretary may require-- 7#a7 a written explanation for the delay in meeting such requirements2 and 7#b7 a plan that will enable such eligible entity to meet such requirements not later than #a year after the date on which the eligible entity submitted the written explanation under paragraph 7#a74 7c7 ,publication ,the ,secretary shall make each plan approved under subsection 7a77#b77;,a71 each plan revised under subsection 7a77#c71 and each plan submitted under subsection 7b77#b7 available to the public on the website of the ,department4 #dii,m4 ,allowable uses of funds 7a7 ,in general ,except as provided in subsection 7b71 an eligible entity shall use a grant under this subpart only to carry out the plan approved or revised for such year under section #dii,k4 7b7 ,use of funds for administrative purposes ,an eligible entity that receives a grant under this subpart may use not more than #e percent of such grant for administrative purposes relating to the grant under this subpart4 7c7 ,prohibited uses of funds ,no funds received under this section shall be used to-- 7#a7 pay contractors for the provision of pre-enrollment recruitment activities through a revenue sharing agreement2 or 7#b7 fund endowments1 athletics1 sectarian instruction1 or religious worship4 #dii,n4 ,eligible entity defined ,in this subpart1 the term eligible entity means a ,state or ,tribal ,college or ,university that is a recipient of a grant under subpart #a4 #dii,o4 ,appropriations 7a7 ,authorization and appropriations ,there are authorized to be appropriated1 and there are appropriated to carry out this subpart 7in addition to any other amounts appropriated to carry out this subpart and out of any money in the ,treasury not otherwise appropriated71 #a1jjj1jjj1jjj for fiscal year #bjbg and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 shall remain available to the ,secretary until expended4 4 ,,iii ,pathways to student success for ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions #cja4 ,grants to ,historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions ,part ,j of title ,,iv of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj et seq471 as added by section #aja and amended by section #bja1 is further amended by adding at the end the following3 #c ,grants to historically ,black ,colleges and ,universities1 ,tribal ,colleges and ,universities1 and ,minority-,serving ,institutions #dii,p4 ,pathways to student success for ,historically ,black ,colleges and ,universities ,from amounts appropriated under section #dii,u7a7 for any fiscal year1 the ,secretary shall award grants to participating historically ,black colleges or universities that meet the requirements of section #dii,s7a7 to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at such colleges and universities2 7#b7 provide incentives to community college students to transfer to such colleges and universities through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support such colleges and universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 #dii,q4 ,pathways to student success for ,tribal ,colleges and ,universities ,from amounts appropriated under section #dii,u7a7 for any fiscal year1 the ,secretary shall award grants to participating ,tribal ,colleges or ,universities that meet the requirements of section #dii,s7a7 to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at such ,colleges and ,universities2 7#b7 provide incentives to community college students to transfer to such ,colleges and ,universities through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support such ,colleges and ,universities to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 #dii,r4 ,pathways to student success for ,alaska ,native-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,hispanic-serving institutions1 ,native ,american-serving nontribal institutions1 ,native ,hawaiian-serving institutions1 and ,predominantly ,black institutions ,from amounts appropriated under section #dii,u7a7 for any fiscal year1 the ,secretary shall award grants to participating ,alaska ,native-serving institutions1 ,asian ,american and ,native ,american ,pacific ,islander-serving institutions1 ,hispanic-serving institutions1 ,native ,american-serving nontribal institutions1 ,native ,hawaiian-serving institutions1 and ,predominantly ,black institutions that meet the requirements of section #dii,s7a7 to-- 7#a7 encourage students to enroll and successfully complete a bachelor's degree at such institutions2 7#b7 provide incentives to community college students to transfer to such institutions through strong transfer pathways to complete a bachelor's degree program2 and 7#c7 support such institutions to better serve new and existing students by engaging in reforms and innovations designed to improve completion rates and other student outcomes4 #dii,s4 ,grant terms 7a7 ,institutional eligibility ,an institution shall meet the requirements of this subsection if the institution-- 7#a7 is a public or nonprofit #d-year institution that 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 academic1 career1 and student support services 7including mentoring1 advising1 case management services1 and career pathway navigation71 especially for low-income1 first-generation1 and adult students1 and other students belonging to racial and other groups that are historically underrepresented in higher education2 7,b7 providing direct support services1 or assistance in applying for such services1 such as-- 7i7 childcare1 transportation1 and emergency financial assistance2 7ii7 assistance in obtaining health insurance coverage and accessing health care services1 including behavioral and mental health services2 7iii7 affordable housing2 7iv7 nutrition assistance programs or free or discounted food2 and 7v7 means-tested ,federal benefit programs1 or similar ,state1 ,tribal1 or local benefit programs2 7,c7 providing accelerated learning opportunities and degree pathways1 such as dual or concurrent enrollment programs and pathways to graduate and professional degree programs2 7,d7 partnering with employers1 industry1 nonprofit associations1 and other groups to provide opportunities to advance learning outside the classroom1 including-- 7i7 work-based learning opportunities 7such as internships or apprenticeships72 or 7ii7 programs designed to improve inter-cultural development and personal growth 7such as foreign exchange and study abroad programs72 or 7,e7 strengthening remedial education1 especially for low-income1 first-generation1 and adult students1 and other students belonging to racial and other groups that are historically underrepresented in higher education1 including through the use of multiple measures 7such as a student's college entrance examination score1 grade point average1 high school course list1 or a placement examination7 to identify students in need of remedial education2 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 a formal1 statewide articulation agreement with community colleges in the ,state in which such institution operates that guarantees-- 7,a7 that a student who earns postsecondary credit at any community college in such ,state shall be able to fully transfer such credit toward meeting related degree or certificate requirements at such institution2 and 7,b7 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 such institution4 7b7 ,grant amount 7#a7 ,initial amount ,for the first year that an eligible institution participates in the grant program under this subpart 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 subpart as the per-student rebate72 and 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 subpart1 each participating eligible institution 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 institution participating in the grant program under this subpart 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 subpart1 no eligible institution may increase tuition and fees at a rate greater than any annual increase at the eligible institution in the previous #e years4 7#d7 ,students enrolled less than full-time ,the ,secretary shall develop and implement a formula for making adjustments to grant amounts under this subpart based on the number of eligible students at each eligible institution enrolled less than full-time and the associated tuition and fees charged to such students in proportion to the degree to which each such student is not attending on a full-time basis4 7c7 ,application ,an eligible institution that desires a grant under this subpart shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,use of funds ,funds awarded under this subpart to a participating eligible institution shall be used to waive or significantly reduce tuition and fees for eligible students by an amount not to exceed the annual per-student rebate amount4 ,such funds under this subpart may only be used to waive or reduce tuition and fees for the first #fj credits for which an eligible student is enrolled in the participating eligible institution4 7e7 ,supplement1 not supplant ,funds made available under section #dii,u to carry out this subpart shall be used to supplement1 and not supplant1 other ,federal1 ,state1 ,tribal1 and local funds that would otherwise be expended to carry out activities under this subpart4 #dii,t4 ,definitions ,in this subpart3 7#a7 ,alaska native-serving institution ,the term ,alaska ,native-serving institution has the meaning given such term in section #cag7;b74 7#b7 ,asian american and native american pacific islander-serving institution ,the term ,asian ,american and ,native ,american ,pacific ,islander-serving institution has the meaning given such term in section #cga7;c74 7#c7 ,eligible student ,the term eligible student means a student1 regardless of age1 who-- 7,a7 is enrolled in an eligible program 7as defined in section #dha7;b77 at a participating eligible institution1 on at least a half-time basis2 7,b7 is a low-income student2 7,c7 has been enrolled at such participating eligible institution under this subpart for not more than #fj credits2 and 7,d7 has not been enrolled 7whether full-time or less than full-time7 for more than #f semesters 7or the equivalent7 for which the student received a benefit under this subpart4 7#d7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given such term in section #ejb4 7#e7 ,historically ,black college or university ,the term historically ,black college or university means a part ,b institution described in section #cbb7b74 7#f7 ,low-income student ,the term low-income student shall include-- 7,a7 any student eligible for a ,federal ,pell ,grant under section #dja2 and 7,b7 any student who meets the financial eligibility criteria for receiving a ,federal ,pell ,grant under section #dja1 but who is ineligible to receive a ,federal ,pell ,grant4 7#g7 ,native ,american-serving nontribal institution ,the term ,native ,american-serving nontribal institution has the meaning given such term in section #cga7;c74 7#h7 ,native hawaiian-serving institution ,the term ,native ,hawaiian-serving institution has the meaning given such term in section #cag7;b74 7#i7 ,predominantly ,black institution ,the term ,predominantly ,black institution has the meaning given such term in section #cga7;c74 7#aj7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b77#c74 #dii,u4 ,appropriations 7a7 ,authorization and appropriations for ,,hbcu1 ,,tcu1 and ,,msi grants ,for the purpose of carrying out this subpart there are authorized to be appropriated1 and there are appropriated-- 7#a7 #ih1ajj1jjj for fiscal year #bjbg2 7#b7 #cba1jdj1jjj for fiscal year #bjbh2 7#c7 #a1iab1jaj1jjj for fiscal year #bjbi2 7#d7 #a1ihh1gaj1jjj for fiscal year #bjcj2 7#e7 #b1jfh1ifj1jjj for fiscal year #bjca2 7#f7 #b1aea1jaj1jjj for fiscal year #bjcb2 7#g7 #b1ahd1ijj1jjj for fiscal year #bjcc2 7#h7 #b1cbi1cgj1jjj for fiscal year #bjcd2 7#i7 #b1dbc1iaj1jjj for fiscal year #bjce2 and 7#aj7 #b1eba1iij1jjj for fiscal year #bjcf and each succeeding fiscal year4 7b7 ,availability ,funds appropriated under subsection 7a7 for a fiscal year are to remain available to the ,secretary through the #b fiscal years following such fiscal year4 7c7 ,insufficient funds ,if the amount appropriated under subsection 7a7 for a fiscal year is not sufficient to award each institution participating in the grant programs under sections #dii,p1 #dii,q1 and #dii,r a grant under this subpart equal to #ajj percent of the grant amount determined under section #dii,s7b71 the ,secretary may ratably reduce the amount of each such grant or take other actions necessary to ensure an equitable distribution of such amount appropriated under subsection 7a74 4