[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4298-S4301]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5298. Mr. MERKLEY (for himself and Mr. Sanders) submitted an
amendment intended to be proposed by him to the bill H.R. 5376, to
provide for reconciliation pursuant to title II of S. Con. Res. 14;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--EDUCATION AND LABOR
SEC. ___. GRANTS FOR TUITION-FREE COMMUNITY COLLEGE.
Title VII of the Higher Education Act of 1965 (20 U.S.C.
1133 et seq.) is amended by adding at the end the following:
``PART F--AMERICA'S COLLEGE PROMISE
``SEC. 785. GRANT AWARDS.
``(a) In General.--Beginning with award year 2023-2024,
from amounts appropriated to carry out this part under
section 793 for any fiscal year, the Secretary shall award
grants to 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
789.
``(b) Timing of Grant Awards.--The Secretary shall award
grant funds under subsection (a) for an award year not less
than 30 days before the first day of the award year.
``SEC. 786. FEDERAL SHARE; STATE SHARE.
``(a) Federal Share.--
``(1) In general.--
``(A) Amount.--Subject to paragraph (2), the amount of the
Federal share of a grant under section 785 shall be based on
a formula that provides, for each eligible student enrolled
in a community college operated or controlled by the State or
in an eligible Tribal College or University, a per-student
amount (based on full-time equivalent enrollment) that is
equal to the applicable percent described in subparagraph
(B), or the percent described in paragraph (2) with respect
to an eligible Tribal College or University, of--
``(i) for the 2023-2024 award year, the median resident
community college tuition and fees per student in all States,
not weighted for enrollment, for the most recent award year
for which data are available; and
``(ii) for each subsequent award year, the amount
determined under this paragraph for the preceding award year,
increased by the lesser of--
``(I) a percentage equal to the estimated percentage
increase in the Consumer Price Index (as determined by the
Secretary) since the date of such determination; or
``(II) 3 percent.
``(B) Applicable percent.--The applicable percent for a
State receiving a grant under section 785 shall be--
``(i) for the 2023-2024 award year, 100 percent;
``(ii) for the 2024-2025 award year, 95 percent;
``(iii) for the 2025-2026 award year, 90 percent;
``(iv) for the 2026-2027 award year, 85 percent; and
``(v) for the 2027-2028 award year, 80 percent.
``(2) Tribal colleges and universities.--The amount of the
Federal share for an eligible Tribal College or University
receiving a grant under section 785 shall be the greater of--
``(A) 100 percent of the per-student amount determined in
accordance with clause (i) or
[[Page S4299]]
(ii) of paragraph (1)(A), as applicable, with respect to
eligible students enrolled in such eligible Tribal College or
University (based on full-time equivalent enrollment); or
``(B) the amount that is 100 percent of the total amount
needed to set tuition and fees to $0 for all eligible
students enrolled in such eligible Tribal College or
University for the 2022-2023 award year, increased by the
percentage increase in the Consumer Price Index (as
determined by the Secretary) between July 1, 2022, and the
applicable award year, and adjusted to reflect the enrollment
in such eligible Tribal College or University for such
applicable award year.
``(b) State Share.--
``(1) Formula.--
``(A) In general.--The State share of a grant under section
785 for each award year shall be the amount needed to pay the
applicable percent described in subparagraph (B) of the
median resident community college tuition and fees in all
States, not weighted for enrollment, per student (based on
full-time equivalent enrollment) determined in accordance
with subsection (a)(1)(A)(i) for all eligible students
enrolled in a community college operated or controlled by the
State for such award year.
``(B) Applicable percent.--The applicable percent shall
be--
``(i) for the 2023-2024 award year, 0 percent;
``(ii) for the 2024-2025 award year, 5 percent;
``(iii) for the 2025-2026 award year, 10 percent;
``(iv) for the 2026-2027 award year, 15 percent; and
``(v) for the 2027-2028 award year, 20 percent.
``(C) 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 $0 as
required by section 788(a) without such State share.
``(D) No double counting funds.--Except with respect to
funding described in paragraph (2)(A), no funds that count
toward the maintenance of effort requirement under section
788(c) may also count toward the State share under this
subsection.
``(E) Special rule for outlying areas and territories.--
``(i) 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 territory, the
Secretary may reduce or waive the State share for such area
or territory. If the Secretary so reduces or waives the
amount of the State share of an outlying area or territory,
the Secretary shall increase the applicable percent used to
calculate the Federal share for such area or territory, in
proportion to the reduction in the applicable percent used to
calculate such State share.
``(ii) Definition.--For the purposes of this subparagraph,
the term `outlying area or territory' means the Commonwealth
of Puerto Rico, the District of Columbia, Guam, American
Samoa, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and the Freely Associated
States.
``(2) 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 (including revenue derived from tuition
and fees) as compared to the preceding fiscal year in such
State, a State may include, as part of the State share--
``(A) any financial aid that is provided from State funds
to an eligible student and that--
``(i)(I) is not awarded predominantly on the basis of
merit, including programs awarded on the basis of predicted
or actual academic performance or assessments; and
``(II) may be used by such student to pay any component of
cost of attendance, as defined under section 472; and
``(B) any funds provided to community colleges by local
governments in such State for the purpose of carrying out
this part.
``(3) Relationship to maintenance of effort.--The inclusion
of funds described in paragraph (2) as part of a State's
share shall modify the maintenance of effort requirements
under section 788(c) in accordance with the provisions of--
``(A) section 791(10)(B)(iii), with respect to funds
included under paragraph (2)(A); and
``(B) section 791(10)(A)(ii), with respect to funds
included under paragraph (2)(B).
``(4) No in-kind contributions.--A State shall not include
in-kind contributions for purposes of the State share
described in paragraph (1).
``(c) Determining Number of Eligible Students.--
``(1) In general.--For purposes of subsections (a) and (b),
the Secretary shall, in consultation with the State or
eligible Tribal College or University concerned, determine
the estimated number of eligible students enrolled in the
community colleges operated or controlled by such State or in
such eligible Tribal College or University for the applicable
award year.
``(2) Adjustment of grant amount.--For each year for which
a State or eligible Tribal College or University receives a
grant under section 785, the Secretary shall, once final
enrollment data for such year are available--
``(A) in consultation with the State or eligible Tribal
College or University concerned, determine the actual number
of eligible students enrolled in the community colleges
operated or controlled by such State or in such eligible
Tribal College or University for the year covered by the
grant; and
``(B) adjust the Federal share of the grant amount received
by the State or eligible Tribal College or University and the
State share under subsection (b) to reflect the actual number
of eligible students, which may include applying the relevant
adjustment to such Federal share or the State share, or both,
in the subsequent award year.
``(d) Community Colleges Operated or Controlled by State to
Include Community Colleges Operated or Controlled by Local
Governments Within the State.--For purposes of this part, the
term `community college operated or controlled by a State'
shall include a community college operated or controlled by a
local government within such State.
``(e) Inapplicability of State Requirements to Eligible
TCUs.--The Secretary may not apply any requirements
applicable only to States under this part to an eligible
Tribal College or University, including the requirements
under subsection (b) and subsections (b) and (c) of section
788.
``SEC. 787. APPLICATIONS.
``In order to receive a grant under section 785, a State or
eligible Tribal College or University shall submit an
application to the Secretary that includes--
``(1) 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 tuition and fees for all eligible
students for each award year covered by the grant;
``(2) in the case of a State, a list of each of the
community colleges operated or controlled by the State;
``(3) an assurance that each community college operated or
controlled by the State, or the eligible Tribal College or
University, as applicable, will set community college tuition
and fees for eligible students to $0 as required by section
788(a);
``(4) 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 122(b)(1) of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3152(b)(1)) or other quality criteria determined appropriate
by the State or eligible Tribal College or University; and
``(5) an assurance that each community college operated or
controlled by the State or the eligible Tribal College or
University, as applicable, has entered into a program
participation agreement under section 487.
``SEC. 788. PROGRAM REQUIREMENTS.
``(a) General Requirements.--As a condition of receiving a
grant under section 785 in each award year, a State or
eligible Tribal College or University shall--
``(1) ensure that the total amount of tuition and fees
charged to an eligible student attending a community college
operated or controlled by the State or the eligible Tribal
College or University, as applicable, is $0;
``(2) not apply financial assistance for which an eligible
student qualifies to tuition or fees; and
``(3) not use any funds provided under this part for
administrative purposes relating to such grant.
``(b) State Requirements.--In addition to the requirements
under subsection (a) and as a condition of receiving a grant
under section 785, a State shall--
``(1) 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
State; and
``(2) not later than 3 years after the date on which the
State first receives a grant under section 785, certify to
the Secretary that such alignment has been achieved.
``(c) State Maintenance of Effort.--A State receiving a
grant under section 785 shall be entitled to receive its full
allotment of funds under this part for a fiscal year only if,
for each year of the grant, the State provides--
``(1) 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 3
consecutive preceding fiscal years;
``(2) financial support for operating expenses (excluding
capital expenses and research and development costs) for
public 4-year institutions of higher education at a level
equal to or exceeding the average amount provided for the 3
consecutive preceding State fiscal years; and
``(3) financial support for need-based financial aid at a
level equal to or exceeding the average amount provided for
the 3 consecutive preceding State fiscal years.
``(d) No Additional Eligibility Requirements.--A State or
eligible Tribal College or University that receives a grant
under section 785 may not impose additional eligibility
requirements on eligible students other than the requirements
under this part.
``SEC. 789. ALLOWABLE USES OF FUNDS.
``(a) In General.--Except as provided in subsection (b)--
[[Page S4300]]
``(1) a State shall use a grant under section 785 only to
provide funds to each community college operated or
controlled by the State to enable each such community college
to set community college tuition and fees for eligible
students to $0 as required under section 788(a); and
``(2) an eligible Tribal College or University shall use a
grant under section 785 only to set community college tuition
and fees for eligible students to $0 as required under
section 788(a).
``(b) 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 (a), the State or eligible Tribal
College or University shall use the remaining funds to carry
out 1 or more of the following:
``(1) Providing need-based financial aid to students that
may be used by such students to pay any component of cost of
attendance, as defined under section 472.
``(2) Reducing unmet need at public 4-year institutions of
higher education.
``(3) Improving student outcomes by implementing evidence-
based institutional reforms or practices.
``(c) Supplement, Not Supplant.--Except as provided in
section 786(b)(2)(A), funds made available under this part
shall be used to supplement, and not supplant, other Federal,
State, Tribal, and local funds that would otherwise be
expended to carry out activities described in this section.
``(d) Continuation of Funding.--
``(1) In general.--Except as provided in paragraph (2), a
State or an eligible Tribal College or University receiving a
grant under section 785 for an award year may continue to
receive funding under this part for subsequent award years
conditioned on the availability of budget authority and on
meeting the requirements of the grant, as determined by the
Secretary.
``(2) Discontinuation.--The Secretary shall discontinue or
reduce funding of the Federal share of a grant under section
785 or section 790 if the State or an eligible Tribal College
or University has violated the terms of the grant.
``(e) Rule of Construction Regarding BIE Funds.--Nothing in
this part shall be construed to impact the availability of
funds from, or uses of funds provided by, the Bureau of
Indian Education for Tribal Colleges and Universities.
``SEC. 790. SUPPLEMENTAL GRANTS.
``(a) In General.--From amounts made available under
subsection (f), the Secretary shall award grants, through
allotments in accordance with subsection (b), to covered
States for the purpose of assisting the covered States in
reducing the costs of eliminating community college tuition
in accordance with this part.
``(b) Allotments.--For each fiscal year for which amounts
are available under subsection (f), each covered State shall
receive an allotment based on a formula developed by the
Secretary that--
``(1) provides covered States with allotments under this
section for each of fiscal years 2023 through 2028; and
``(2) accomplishes the purpose of this section.
``(c) Use of Funds.--A covered State receiving an allotment
under this section shall use the allotment to assist in
paying the State share of the program under this part, as
required under section 786(b).
``(d) State Share Exception.--Notwithstanding section 786
or any other provision of this part--
``(1) the Secretary shall not include amounts from
allotments provided under this section in the calculation of
the Federal share of a grant under section 785; and
``(2) a State may include amounts provided under this
section for a fiscal year for purposes of the State share
described in section 786(b).
``(e) Definition of Covered State.--In this section, the
term `covered State' means a State that--
``(1) has received a grant under section 785;
``(2) applies for a supplemental grant under this section,
in the manner determined by the Secretary; and
``(3) for the most recent award year for which data are
available, had an average community college tuition and fees
per in-State or in-district resident student, not weighted
for enrollment, that is higher than the median resident
community college tuition and fees per student in all States,
not weighted for enrollment, for such award year.
``(f) Appropriations.--In addition to amounts otherwise
available there is appropriated for fiscal year 2023, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000, to remain available until September 30, 2030.
``SEC. 791. DEFINITIONS.
``In this part:
``(1) Career pathway.--The term `career pathway' has the
meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(2) Community college.--The term `community college'
means--
``(A) a degree-granting public institution of higher
education at which--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the predominant degree
awarded;
``(B) an eligible Tribal College or University;
``(C) a degree-granting branch campus of a 4-year public
institution of higher education, if, at such branch campus--
``(i) the highest degree awarded is an associate degree; or
``(ii) an associate degree is the predominant degree
awarded; or
``(D) at the designation of the Secretary, in the case of a
State that does not operate or control any institution that
meets a definition under subparagraph (A) or (C), a college
or similarly defined and structured academic entity--
``(i) that was in existence on July 1, 2022;
``(ii) within a 4-year public institution of higher
education; and
``(iii) at which--
``(I) the highest degree awarded is an associate degree; or
``(II) an associate degree is the predominant degree
awarded.
``(3) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(4) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.
``(5) Eligible student.--The term `eligible student' means
a student who--
``(A) is enrolled as an undergraduate student in an
eligible program (as defined in section 481(b)) at a
community college on not less than a half-time basis;
``(B) 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 residency, either--
``(i) qualifies for in-State or in-district resident
tuition at such community college; or
``(ii) would qualify for such in-State or in-district
resident tuition at such community college, but for the
immigration status of such student;
``(C) has not been enrolled (whether full-time or less than
full-time) for more than 6 semesters (or the equivalent) for
which the community college tuition and fees of the student
were set to $0 pursuant to section 788(a);
``(D) is not enrolled in a dual or concurrent enrollment
program or early college high school; and
``(E) in the case of a student who is a United States
citizen, has filed a Free Application for Federal Student Aid
described in section 483 for the applicable award year for
which the student is enrolled.
``(6) Eligible tribal college or university.--The term
`eligible Tribal College or University' means--
``(A) a 2-year Tribal College or University; or
``(B) a degree-granting Tribal College or University--
``(i) at which the highest degree awarded is an associate
degree; or
``(ii) an associate degree is the predominant degree
awarded.
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(8) Means-tested federal benefit program.--The term
`means-tested Federal benefit program' has the meaning given
the term in section 479.
``(9) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(10) State fiscal support for higher education.--
``(A) Inclusions.--
``(i) In general.--Except as provided in subparagraph (B),
the term `State fiscal support for higher education', used
with respect to a State for a fiscal year, means an amount
that is equal to--
``(I) the gross amount of applicable State funds
appropriated or dedicated, and expended by the State,
including funds from lottery receipts, in the fiscal year,
that are used to support institutions of higher education and
student financial aid for higher education in the State; and
``(II) any funds described in clause (ii), if applicable.
``(ii) Local funds.--In the case of a State that includes,
as part of the State share under section 786(b)(2)(B) for an
award year, funds provided to community colleges by local
governments in such State for the purpose of carrying out
this part, local funds provided to community colleges
operated or controlled by such State for operating expenses
(excluding capital expenses and research and development
costs) shall be included in the calculation of the State
fiscal support for higher education for such award year under
clause (i).
``(B) Exclusions.--State fiscal support for higher
education for a State for a fiscal year shall not include--
``(i) funds described in subparagraph (A) that are returned
to the State;
``(ii) State-appropriated funds derived from Federal
sources, including funds provided under section 786(a);
``(iii) funds that are included in the State share under
section 786(b), including funds included in the State share
in accordance with paragraph (2)(A) of such section;
``(iv) 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
[[Page S4301]]
this paragraph is being made, subject to subparagraph (C);
``(v) tuition, fees, or other educational charges paid
directly by a student to a public institution of higher
education or to the State;
``(vi) funds for--
``(I) financial aid to students attending, or operating
expenses of--
``(aa) out-of-State institutions of higher education;
``(bb) proprietary institutions of higher education (as
defined in section 102(b)); or
``(cc) institutions of higher education not accredited by
an agency or association recognized by the Secretary pursuant
to section 496;
``(II) financial aid to students awarded predominantly on
the basis of merit, including programs awarded on the basis
of predicted or actual academic performance or assessments;
``(III) research and development; or
``(IV) hospitals, athletics, or other auxiliary
enterprises;
``(vii) corporate or other private donations directed to
one or more institutions of higher education permitted to be
expended by the State; or
``(viii) any other funds that the Secretary determines
shall not be included in the calculation of State fiscal
support for higher education for such State.
``(C) 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 cycles.
``(11) State fiscal support for higher education per full-
time equivalent student.--The term `State fiscal support for
higher education per full-time equivalent student', when used
with respect to a State for a fiscal year, means the amount
that is equal to--
``(A) the State fiscal support for higher education for the
previous fiscal year; divided by
``(B) the number of full-time equivalent students enrolled
in public institutions of higher education in such State for
such previous fiscal year.
``(12) Tribal college or university.--The term `Tribal
College or University' has the meaning given such term in
section 316(b)(3).
``SEC. 792. SUNSET.
``(a) In General.--The authority to make grants under
section 785 and 790 shall expire at the end of award year
2027-2028.
``(b) Inapplicability of GEPA Contingent Extension of
Programs.--Section 422 of the General Education Provisions
Act (20 U.S.C. 1226a) shall not apply to this part.
``SEC. 793. APPROPRIATION.
``In addition to amounts otherwise available, there is
appropriated for fiscal year 2023, out of any money in the
Treasury not otherwise appropriated, such sums as may be
necessary, to remain available until September 30, 2030, for
carrying out this part (except for section 790).''.
______