Sec. 20023. Tuition Assistance for Students at Historically Black Colleges and Universities, Tribal Colleges and Universities, and Minority-serving Institutions
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Part F of title VII of the Higher Education Act of 1965 ( 20 U.S.C. 1133 et seq. ), as added and amended by this Act, is further amended by adding at the end the following: Beginning with award year 2023–2024, from amounts appropriated to carry out this subpart for any fiscal year, the Secretary shall award grants to participating historically Black colleges and universities that are eligible institutions. Beginning with award year 2023–2024, from amounts appropriated to carry out this subpart for any fiscal year, the Secretary shall award grants to participating Tribal Colleges and Universities that are eligible institutions.
Beginning with award year 2023–2024, from amounts appropriated to carry out this subpart for any fiscal year, the Secretary shall award grants to participating Alaska Native-serving institutions, Asian American and Native American Pacific Islander-serving institutions, Hispanic-serving institutions, Native American-serving nontribal institutions, Native Hawaiian-serving institutions, and Predominantly Black institutions that are eligible institutions. An institution’s status as an eligible institution described in subsection
(a)shall— be based on the most recent data available; and be reviewed annually to ensure that the institution continues to meet the requirements for status as an institution described in subsection
(a). For each year for which an eligible institution participates in the grant program under this subpart, such eligible institution shall receive a grant in an amount equal to the product of— the number of eligible students enrolled at the institution for such year; and 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 for the 2024–2025 award year and each subsequent award year, the amount determined under this subparagraph for the preceding award year, increased by the lesser of— 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 3 percent. As a condition of receiving a grant under this subpart, an eligible institution shall not increase tuition and fees during the first year of participation in the grant program under this subpart at a rate greater than the average annual increase at the eligible institution in the previous 5 years. 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 basis. The Secretary shall establish a process through which each eligible institution that participates in the program under this section— provides the necessary eligible student enrollment data at the start of the award year; and initially receives grant funds, as calculated under this subsection, based on such data. For each year for which an eligible institution receives a grant under this subpart, the Secretary shall, once final enrollment data for such year are available— in consultation with the eligible institution concerned, determine the actual number of eligible students for the year covered by the grant; and adjust the grant amount received by the eligible institution to reflect the actual number of eligible students, which may include applying the relevant adjustment to such grant amount in the subsequent award year. An institution shall not receive more than one grant at a time under this subpart. An eligible institution that desires a grant under this subpart shall submit an application to the Secretary that includes— an assurance that the institution commits to maintaining, expanding, or adopting and implementing evidence-based institutional reforms or practices to improve student outcomes, which shall include one or more of the practices described in section 795D(b)(1); and in the case of an eligible institution that enrolls students who transfer from another institution, an assurance that the institution— commits to increasing the transferability of individual courses within certificate or associate programs offered by community colleges in the State to related baccalaureate programs offered by such institution to maximize the transferability of credits for students who transfer before completing an associate degree; will ensure that students attending community colleges in the State have access to comprehensive counseling and other easily accessible tools regarding the process for transferring to such institution; and has a formal, statewide articulation agreement with community colleges in the State in which such institution operates that, at a minimum, ensures that associate degrees awarded by community colleges in the State are fully transferable to, and credited as, the first 2 years of related baccalaureate programs at such institution. Funds awarded under this subpart to a participating eligible institution shall be used to reduce tuition and fees for eligible students by an amount that is not less than the minimum per-student amount described in paragraph
(2), unless the actual cost of tuition and fees at such institution is not more than such per-student amount, in which case such institution shall use such funds to waive all such tuition and fees charged to such students and use any remaining funds in accordance with paragraph
(3). The minimum per-student amount described in this paragraph shall be equal to— 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 for the 2024–2025 award year and each subsequent award year, the amount determined under this paragraph for the preceding award year, increased by the lesser of— 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 3 percent. A participating eligible institution shall use any grant funds remaining after meeting the requirements of paragraph
(1)to provide financial aid to eligible students that may be used by such students to pay for any component of cost of attendance other than tuition and fees, which may include emergency financial aid grants. Funds made available to carry out this subpart shall be used to supplement, and not supplant, other Federal, State, tribal, and local funds that would otherwise be expended to carry out activities under this subpart. Funds under this subpart may only be used to waive or reduce tuition and fees for the first 60 credits for which an eligible student is enrolled in the participating eligible institution except that, when calculating the number of credits in which the student has been enrolled for the purpose of carrying out this subpart— no student shall be considered to have been enrolled for more than 12 credits per semester (or the equivalent) during the period for which the student is receiving benefits under this subpart; and the participating eligible institution may exclude any credits that a student enrolled in and did not complete at such institution if the institution determines that such exclusion would be in the best interest of the student, except that an institution may exclude no more than 15 credits under this paragraph for each individual student. No individual shall be determined to be ineligible to receive benefits provided under this subpart (including reduction of tuition and fees and other aid provided under this subpart) on the basis of citizenship, alienage, or immigration status. In this subpart: The term Alaska Native-serving institution has the meaning given such term in section 317(b). The term Asian American and Native American Pacific Islander-serving institution has the meaning given such term in section 371(c). The term cost of attendance has the meaning given such term in section 472. The term eligible institution means a public or nonprofit 4-year institution of higher education that has an undergraduate student body of which not less than 35 percent are low-income students. The Secretary's determination of whether an institution meets the requirement under subparagraph
(A)shall be based on the most recent data available, and shall be reviewed annually to ensure that the institution continues to meet the requirements for participation. The term eligible student means a student, regardless of age, who— is enrolled as an undergraduate student in an eligible program (as defined in section 481(b)) at a participating eligible institution, on at least a half-time basis; is a low-income student; has been enrolled at such participating eligible institution under this subpart for not more than 60 credits, subject to section 796C(f); has not been enrolled (whether full-time or less than full-time) for more than 6 semesters (or the equivalent) for which the student received a benefit under this subpart; is not enrolled in a dual or concurrent enrollment program or early college high school; has not completed an undergraduate baccalaureate course of study; and 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. In the case of an eligible student who receives assistance under this subpart and attends an institution that loses status as an eligible institution or as an institution described in section 796B(a), the student may continue to receive such assistance for the period for which the student would have been eligible if the institution at which they are enrolled had retained such status. The term Hispanic-serving institution has the meaning given such term in section 502. The term historically Black college or university means a part B institution as defined in section 322. The term low-income student means a student who meets the financial eligibility criteria for receiving a Federal Pell Grant under section 401, regardless of whether such student is otherwise eligible to receive such Federal Pell Grant. The term Native American-serving nontribal institution has the meaning given such term in section 319. The term Native Hawaiian-serving institution has the meaning given such term in section 317(b). The term Predominantly Black institution has the meaning given such term in section 371(c). The term Tribal College or University has the meaning given such term in section 316(b)(3). The authority to make grants under this subpart shall expire at the end of award year 2029–2030. Section 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to this subpart. In addition to amounts otherwise available, there is appropriated for fiscal year 2022, 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 subpart. .