Sec. 101. Federal-State partnership to fully eliminate tuition and required fees
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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: The purpose of this subpart is to establish a Federal-State partnership with States and Tribal Colleges and Universities to provide for the elimination of tuition and required fees for eligible students. In this subpart: The term award year has the meaning given the term in section 481(a). The term community college means— a public institution of higher education at which— the highest degree awarded is an associate degree; or an associate degree is the most frequently awarded degree; a public postsecondary vocational institution, as defined under section 102(c); or at the designation of the Secretary, in the case of a State in which there is no community college operated or controlled by the State that meets a definition under clause
(i)or (ii), a college or similarly defined and structured academic entity— that was in existence on July 1, 2023; within a public 4-year institution of higher education; and at which— the highest degree awarded is an associate degree; or an associate degree is the most frequently awarded degree. The terms community college operated or controlled by a State and community college operated or controlled by the State includes a community college operated or controlled by a local government within such State. The term cost of attendance has the meaning given the term in section 472. 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. The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. The term eligible student means an individual, regardless of age or immigration status, who has not obtained a baccalaureate degree or higher degree and— in the case of a student enrolled in a community college or a 2-year Tribal College or University— is enrolled, or plans to enroll, as an undergraduate student in an eligible program (as defined in section 481(b)) at a community college in the State in which the individual is a resident or in a 2-year Tribal College or University; and who is enrolled in a community college that charges different tuition rates on the basis on residency, either— qualifies for in-State resident tuition at such community college; or would qualify for such in-State resident tuition at such community college, but for the student’s immigration status; is not enrolled in a dual or concurrent enrollment program or an early college high school; and who is eligible to complete the Free Application for Federal Student Aid under section 483(a), has filed such application for the applicable award year for which the student is enrolled; or in the case of a student enrolled in an eligible 4-year institution of higher education— is enrolled, or plans to enroll, as an undergraduate student in an eligible program (as defined in section 481(b)) at a public 4-year institution of higher education or in a 4-year Tribal College or University; is a working class or middle class student, as described in section 787(a)(3); who is enrolled in a public 4-year institution of higher education that charges different tuition rates based on residency, either— qualifies for in-State resident tuition at such institution; or would qualify for such in-State resident tuition at such institution, but for the student’s immigration status; is not enrolled in a dual or concurrent enrollment program or an early college high school; and who is eligible to complete the Free Application for Federal Student Aid under section 483(a), has filed such application for the applicable award year for which the student is enrolled. For purposes of subparagraph (A), in-State resident tuition includes in-district tuition and out-of-district in-State tuition. The term 4-year Tribal College or University means a Tribal College or University that is not a 2-year Tribal College or University. The term full-time equivalent students means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. The term institution of higher education has the meaning given the term in section 101(a). The term net price means the difference between cost of attendance and the sum of only grants and institutional and State scholarships. The term public 4-year institution of higher education means a public institution of higher education that is not a community college. The term reverse transfer policy means a policy or program that allows an institution of higher education to— implement a process of retroactively granting a certificate or associate degree to a student who had not completed the requirements for such certificate or degree before the student transferred; or allow academic credits for coursework completed at a 4-year institution of higher education to be applied to a previously attended community college for the purpose of obtaining an associate degree or a certificate. Except as provided in subparagraph (B), the term State fiscal support for higher education , used with respect to a State for such State’s fiscal year, means an amount that is equal to— the amount of applicable State funds appropriated 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 any funds described in clause (ii), if applicable. 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 subpart, local funds provided to community colleges operated or controlled by the State for operating expenses (excluding capital expenses, research and development costs, and local funds that are included in the State share under section 786(b)(2)(B)) shall be included in the calculation of the State fiscal support for higher education under clause (i). State fiscal support for higher education for a State fiscal year does not include— funds described in subparagraph
(A)that are returned to the State; State-appropriated funds derived from Federal sources, including funds provided under sections 786(a) and 801; funds that are included in the State share under section 786(b), except as provided in subparagraph (A)(ii), including funds included in the State share in accordance with paragraph (2)(A) of such section; 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 made, subject to subparagraph (C); tuition, fees, or other educational charges paid directly by a student to an institution of higher education or to the State; funds for— financial aid to students attending, or operating expenses of— out-of-State institutions of higher education (including for the purpose of exclusive online enrollment at an out-of-State institution); proprietary institutions of higher education (as defined in section 102(b)); or institutions of higher education not accredited by an agency or association recognized by the Secretary pursuant to section 496; financial aid to students awarded predominantly or significantly on the basis of merit; research and development; or hospitals, athletics, or other auxiliary enterprises; corporate or other private donations directed to 1 or more institutions of higher education permitted to be expended by the State; and any other funds that the Secretary determines shall not be included in the calculation of State fiscal support for higher education for such State. The Secretary shall make adjustments to the calculations under this paragraph to accurately reflect State fiscal support for higher education in States with 2-year appropriation cycles. 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— the State fiscal support for higher education for the applicable fiscal year; divided by the number of full-time equivalent students enrolled in public institutions of higher education in such State for such fiscal year. The term Tribal College or University has the meaning given the term in section 316(b)(3). The term 2-year Tribal College or University means— a 2-year Tribal College or University; or a degree-granting Tribal College or University— at which the highest degree awarded is an associate degree; or at which an associate degree is the most frequently awarded degree. Beginning with award year 2024–2025, from amounts appropriated under section 791 to carry out this subpart for any fiscal year, the Secretary shall award grants to States and Tribal College and Universities with applications approved under section 789, to enable the States and Tribal Colleges and Universities, through a Federal-State partnership, to fully eliminate tuition and required fees for all eligible students. Subject to paragraph (2), the amount of the Federal share of a grant under this subpart shall be based on a formula that provides, for each eligible student enrolled in a community college operated or controlled by a State, a Tribal College or University, or a public 4-year institution of higher education in a State, a per-student amount (based on full-time equivalent enrollment) that is equal to the applicable percentage described in subparagraph (B), or the percentage described in paragraph
(2)with respect to a Tribal College or University, of— for the 2024–2025 award year, not less than the sum of the product of $4,880 multiplied by the number of eligible students enrolled at such a community college or 2-year Tribal College or University and the product of $10,200 multiplied by the number of eligible students enrolled at such a public 4-year institution of higher education or 4-year Tribal College or University; and for 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. The applicable percent for a State receiving a grant under this subpart shall be— for the 2024–2025 award year, 100 percent; for the 2025–2026 award year, 95 percent; for the 2026–2027 award year, 90 percent; for the 2027–2028 award year, 85 percent; and for the 2028–2029 award year and each subsequent award year, 80 percent. The amount of the Federal share for a Tribal College or University receiving a grant under this subpart shall be the greater of— 100 percent of the amount determined in accordance with clause
(i)or
(ii)of subparagraph (1)(A), as applicable, with respect to eligible students enrolled in such Tribal College or University; or the amount that is 100 percent of the total amount needed to fully eliminate tuition and fees for all eligible students enrolled in such Tribal College or University for the 2023–2024 award year, increased by the percentage increase in the Consumer Price Index (as determined by the Secretary) between July 1, 2023, and the applicable award year, and adjusted to reflect the enrollment in such Tribal College or University for such applicable award year. The amount of the State share of a grant under this subpart for each award year shall be equal to the applicable percent described in subparagraph
(B)of the total amount determined under subsection (a)(1)(A) with respect to the State for the award year. The applicable percentage shall be— for the 2024–2025 award year, 0 percent; for the 2025–2026 award year, 5 percent; for the 2026–2027 award year, 10 percent; for the 2027–2028 award year, 15 percent; and for the 2028–2029 award year and each subsequent award year, 20 percent. The State shall provide the State share even if the State is able, without such State share, to fully eliminate tuition and required fees charged to eligible students attending community colleges operated or controlled by the State or public 4-year institutions of higher education in the State. States shall not count any funds that count toward the maintenance of effort requirement in section 787(b) to also count toward the State share under this subsection. 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 shall 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 percentage used to calculate the Federal share under subsection
(a)for such area or territory, in proportion to the reduction in the applicable percentage used to calculate such State share. In 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. In the case of a State that demonstrates to the satisfaction of the Secretary that community colleges operated or controlled by the State and 4-year public institutions of higher education in the State will not experience a net reduction in total per-student revenue (including revenue derived from tuition and fees) as compared to that revenue for the preceding State fiscal year in such State, a State may include, as part of the State share— any financial aid that is provided from State funds to eligible students for such students’ cost of attendance at community colleges operated or controlled by the State and 4-year public institutions of higher education in the State that is not awarded predominantly on the basis of merit; and any funds provided to community colleges operated or controlled by the State and 4-year public institutions of higher education in the State by local governments in such State for the purpose of carrying out this subpart, including for the purpose of eliminating tuition and fees for eligible students. A State shall not include in-kind contributions for purposes of the State share described in paragraph (1). For purposes of subsections
(a)and (b), the Secretary shall, in consultation with the State or Tribal College or University concerned, determine the estimated number of eligible students enrolled in the community colleges operated or controlled by the State and in the public 4-year institutions of higher education in the State or in such Tribal College or University for the applicable award year. If the estimated number of eligible students figure of a State or Tribal College or University under subparagraph
(A)is more than 25 percent larger than the eligible students figure for the preceding year, the Secretary shall use an alternative enrollment estimate which shall be used in the formula under subsection
(a)for determining the allotment. For each year for which a State or Tribal College or University receives a grant under this subpart, the Secretary shall, once final enrollment data for such year are available— in consultation with the State or Tribal College or University concerned, determine the actual number of eligible students enrolled in the community colleges operated or controlled by the State and the public 4-year institutions of higher education in the State or in such Tribal College or University for the year covered by the grant; and adjust the Federal share of the grant amount received by the State or Tribal College or University and the State share under subsection
(b)to reflect the actual number of eligible students by applying the relevant adjustment to such Federal share or the State share, or both, in the subsequent award year. If a State or Tribal College or University provides additional funds toward reducing the cost of attendance and improving instruction beyond the cost of eliminating tuition and required fees as described in paragraphs
(2)and
(3)of section 787(a) for any award year, and, with respect to a State, such funds amount to more than the State share requirement under subsection
(b)and the maintenance of effort requirements in section 787, the Secretary shall provide the State or Tribal College or University an amount equal to such additional funds provided by the State or Tribal College or University, which amount provided by the Secretary may be used for the activities described in section 790. In order to receive a grant under this subpart in each award year, a State or Tribal College or University shall comply with the following: With respect to a State, ensure that public institutions of higher education in the State maintain expenditures on instruction per full-time equivalent student at levels that are equal to or exceed the expenditures on instruction per full-time equivalent student provided for the 3 most recent consecutive State fiscal years for which data are available. Ensure that the total amount of tuition and required fees charged to an eligible student— at community colleges in the State are fully eliminated; or if the Tribal College or University is a 2-year Tribal College or University, at such Tribal College or University are fully eliminated. Ensure that the total amount of tuition and required fees charged to an eligible student at public 4-year institutions of higher education in the State, or, if the Tribal College or University is a 4-year Tribal College or University, at such Tribal College or University, are fully eliminated as follows: For award year 2024–2025, the State or Tribal College or University shall fully eliminate tuition and required fees for such students— who are dependent students— in a single parent household, whose parent's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or with married parents, whose parents’ adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000; and who are— single independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or married independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $250,000. For each award year after award year 2024–2025, the State or a 4-year Tribal College or University shall fully eliminate tuition and required fees for such students in accordance with clauses
(i)and
(ii)of subparagraph (A), except the gross income amount shall be adjusted for each subsequent year in the same manner as income is adjusted under section 478(b). Not apply financial assistance for which an eligible student qualifies to tuition or required fees. Not use any funds provided under this subpart for administrative purposes. In order to receive a grant under this subpart in each award year, a State shall— provide State fiscal support for higher education per full-time equivalent student at a level equal to or exceeding the average amount of State fiscal support for higher education per full-time equivalent student provided for the 3 most recent consecutive State fiscal years for which data are available; maintain State operating expenditures per full-time equivalent student for public 2- and 4-year institutions of higher education in the State, excluding capital expenses and research and development costs, at a level equal to or greater than the average amount provided for the 3 most recent consecutive State fiscal years for which data are available; and maintain State expenditures for need-based financial aid programs for enrollment in institutions of higher education (as defined in section 101) in the State at a level that is equal to or greater than the average amount provided for the 3 most recent consecutive State fiscal years for which data are available. In order to receive a grant under this subpart in each award year, a State or (when applicable) a Tribal College or University shall— provide an assurance that not later than 5 years after the first award year for which the grant is awarded, not less than 75 percent of instruction at public institutions of higher education in the State is provided by tenure-track or tenured faculty; provide an assurance that public institutions of higher education in the State make it a priority to hire from the existing adjunct, contract, contingent, and non-tenure track or tenured faculty pool for tenure-track or tenured faculty positions or other full-time non-contingent instructional positions; require that public institutions of higher education in the State provide, for each student enrolled at the institution who receives the maximum Federal Pell Grant award under subpart 1 of part A of title IV, institutional student financial aid (excluding student loans) in an amount equal to the net price owed by such student; ensure that public institutions of higher education in the State or the Tribal College or University not adopt policies to reduce enrollment; provide an assurance that public institutions of higher education in the State will not charge out-of-State students an amount that exceeds the marginal cost (as determined by the Secretary) of attending institutions of higher education in the State; provide an assurance that public institutions of higher education in the State that charge non-eligible in-State students tuition and required fees, will not charge such students a rate that is necessary to continue to fully eliminate tuition and required fees for eligible students; and provide an assurance that public institutions of higher education in the State maintain a ratio of 1 to 150 of disability services full-time employees to registered students with disabilities, and that such employees be specifically dedicated to serving students with disabilities. In order to receive a grant under this subpart, a State shall— 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 not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that such alignment has been achieved. In order to receive a grant under this subpart, a State shall— submit a plan to improve transfer pathways among public institutions of higher education in the State, including by— ensuring 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 public institutions of higher education in such State; and increasing the transferability of individual courses within the certificate or associate programs offered by community colleges in the State to related baccalaureate programs offered by public institutions of higher education in such State to maximize the transferability of credits for students who transfer before completing an associate degree and facilitate reverse transfer policies; and not later than 3 years after the date on which the State first receives a grant under this subpart, certify to the Secretary that the State is carrying out the plan submitted in accordance with paragraph
(1)and is meeting the requirements of subparagraphs
(A)and
(B)of such paragraph. No individual shall be determined by a State, a Tribal College or University, or the Secretary, to be ineligible for benefits provided under this subpart (including eliminating tuition and fees, and other aid provided under this subpart), except on the basis of eligibility requirements under this subpart. A State that receives a grant under this subpart may request a waiver of the requirements under section 787(b). Upon request by such a State, the Secretary shall waive the requirements of section 787(b) for the State as follows: With respect to each State eligible for relief under tier I, such requirements shall be waived for the fiscal year succeeding the fiscal year for which the determination of the State’s eligibility for such relief is made. With respect to each State eligible for relief under tier II, III, IV, or V, such requirements shall be waived, in accordance with subsection (c), for— the fiscal year for which the determination of the State’s eligibility for such relief is made; the fiscal year succeeding the fiscal year described in subparagraph (A); or both such fiscal years. A State that meets the qualifying spending requirement and is eligible for relief under tier II, III, IV, or V may request relief with respect to the requirement of section 786(b)(1)(B). Upon request by such a State, the Secretary shall provide relief from the requirements of section 786(b)(1)(B), for the applicable award year or years, for the State as follows: With respect to a State that is eligible for relief under tier II, the Secretary shall apply— section 786(a)(1)(B)(v), by substituting 85 percent for 80 percent ; and section 786(b)(1)(B)(v), by substituting 15 percent for 20 percent . With respect to a State that is eligible for relief under tier III, the Secretary shall apply— section 786(a)(1)(B)(iv), by substituting 90 percent for 85 percent ; section 786(a)(1)(B)(v), by substituting 90 percent for 80 percent ; section 786(b)(1)(B)(iv), by substituting 10 percent for 15 percent ; and section 786(b)(1)(B)(v), by substituting 10 percent for 20 percent . With respect to a State that is eligible for relief under tier IV, the Secretary shall apply— section 786(a)(1)(B)(iii), by substituting 95 percent for 90 percent ; section 786(a)(1)(B)(iv), by substituting 95 percent for 85 percent ; section 786(a)(1)(B)(v), by substituting 95 percent for 80 percent ; section 786(b)(1)(B)(iii), by substituting 5 percent for 10 percent ; section 786(b)(1)(B)(iv), by substituting 5 percent for 15 percent ; and section 786(b)(1)(B)(v), by substituting 5 percent for 20 percent . With respect to a State that is eligible for relief under tier V, the Secretary shall apply— section 786(a)(1)(B)(ii), by substituting 100 percent for 95 percent ; section 786(a)(1)(B)(iii), by substituting 100 percent for 90 percent ; section 786(a)(1)(B)(iv), by substituting 100 percent for 85 percent ; section 786(a)(1)(B)(v), by substituting 100 percent for 80 percent ; section 786(b)(1)(B)(ii), by substituting 0 percent for 5 percent ; section 786(b)(1)(B)(iii), by substituting 0 percent for 10 percent ; section 786(b)(1)(B)(iv), by substituting 0 percent for 15 percent ; and section 786(b)(1)(B)(v), by substituting 0 percent for 20 percent . With respect to each State eligible for relief under tier II, III, IV, or V, the Secretary shall provide the relief under paragraph
(1)in accordance with subsection
(c)for— the award year for which the determination of the State’s eligibility for such relief is made; the award year succeeding the award year described in subparagraph (A); or both such award years. A State’s eligibility for relief under this section shall be determined as follows: A State shall be eligible for relief under tier I for a fiscal year for which— the State is in an elevated unemployment period at any point in the fiscal year; and the State is not eligible for relief under any other tier. A State shall be eligible for relief under tier II for a fiscal or award year, as applicable, for which— the State average unemployment rate is equal to or greater than 6.5 percent, but less than 7.5 percent, at any point in the fiscal or award year; or the national average unemployment rate is equal to or greater than 6.5 percent, but less than 7.5 percent, at any point in the fiscal or award year; and the State is not eligible for relief under tier III, IV, or V. A State shall be eligible for relief under tier III for a fiscal or award year, as applicable, for which— the State average unemployment rate is equal to or greater than 7.5 percent, but less than 8.5 percent, at any point in the fiscal or award year; or the national average unemployment rate is equal to or greater than 7.5 percent, but less than 8.5 percent, at any point in the fiscal or award year; and the State is not eligible for relief under tier IV or V. A State shall be eligible for relief under tier IV for a fiscal or award year, as applicable, for which— the State average unemployment rate is equal to or greater than 8.5 percent, but less than 9.5 percent, at any point in the fiscal or award year; or the national average unemployment rate is equal to or greater than 8.5 percent, but less than 9.5 percent, at any point in the fiscal or award year; and the State is not eligible for relief under tier V. A State shall be eligible for relief under tier V for a fiscal or award year, as applicable, for which— the State average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal or award year; or the national average unemployment rate is equal to or greater than 9.5 percent at any point in the fiscal or award year. In determining the fiscal years for which to provide relief in accordance with subsection (a)(2), or the award years for which to provide relief in accordance with subsection (b), to a State that is eligible under tier II, III, IV, or V, the Secretary shall take into account the following: In the case of a State that requests relief under subsection (a)(2), the fiscal years for which the State requests such relief, including— if the State requests such relief for the fiscal year for which the determination of the State’s eligibility for such relief is made, the amount by which the State is unable to meet the requirements of section 787(b) for such fiscal year; and if the State requests such relief for the fiscal year succeeding the year described in subparagraph (A), the amount by which the State anticipates being unable to meet such requirements for such succeeding fiscal year. In the case of a State that requests relief under subsection (b), the award years for which the State requests such relief, including— if the State requests such relief for the award year for which the determination of the State’s eligibility for such relief is made, the extent to which the State is unable to meet the requirements of section 786(b)(1)(B) for such award year; and if the State requests such relief for the award year succeeding the year described in subparagraph (A), the extent to which the State anticipates being unable to meet such requirements for such succeeding award year. The actual or anticipated timing, severity, and duration of the unemployment rate increase during— the fiscal or award year, as applicable, for which the determination of the State’s eligibility for such relief is made; the fiscal or award year, as applicable, succeeding the fiscal or award year described in subparagraph (A); and the fiscal or award year, as applicable, preceding the fiscal or award year described in subparagraph (A). Other factors determined to be relevant by the Secretary. A State that receives relief under subsection
(a)or subsection
(b)shall, to the greatest extent practicable, continue to pay its employees of, and contractors with, public institutions of higher education in the State during the period in which the State is receiving such relief. In this section: The term elevated unemployment period means a consecutive 3-month period in a fiscal year in which the State average unemployment rate is not less than 0.5 percentage points above the lowest State average unemployment rate for the 12-month period preceding such 3-month period. The term national average unemployment rate means the average (seasonally adjusted) rate of total unemployment in all States for a consecutive 3-month period in a fiscal year, based on data from the Bureau of Labor Statistics of the Department of Labor. The term qualifying spending requirement means the requirement that a State not disproportionately decrease spending for any of the categories described in subparagraphs
(1)through
(3)of section 787(b) relative to such State’s overall, average decrease in spending for the 3 consecutive preceding fiscal years. The term State average unemployment rate means the average (seasonally adjusted) rate of total unemployment in a State for a consecutive 3-month period in a fiscal year. In order to receive a grant under this subpart, a State or Tribal College or University shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. In the case of a State, such application shall be submitted by the State agency with jurisdiction over higher education or another agency designated by the Governor or chief executive of the State to administer the program under this subpart. A State or Tribal College or University that receives a grant under this subpart shall use the grant funds and the State share funds required under this subpart— to fully eliminate tuition and required fees for all eligible students at community colleges in the State or at the Tribal College or University, if the Tribal College or University is a 2-year Tribal College or University; and to fully eliminate tuition and required fees for eligible students, as described in section 787(a)(3), at public 4-year institutions of higher education in the State or at the Tribal College or University, if the Tribal College or University is a 4-year Tribal College or University. Once tuition and required fees have been fully eliminated pursuant to subsection (a), a State or Tribal College or University that receives a grant under this subpart shall use any remaining grant funds to reduce the cost of attendance and increase the quality of instruction and student support services at public institutions of higher education in the State or at the Tribal College or University by carrying out any of the following: Providing additional non-loan financial aid to students to help reduce unmet need, which may include need-based student financial aid or emergency financial aid grants to students attending a public institution of higher education in such State, or such Tribal College or University, for any component of such students’ cost of attendance. Implementing evidence-based reforms or practices at public institutions of higher education in such State or at such Tribal College or University that are described in section 804 or that meet evidence tier 1 or evidence tier 2 (as defined in section 800) to improve the enrollment, retention, transfer, or completion rates or labor market outcomes among the students described in section 802(b). Expanding academic course offerings and providing high-quality occupational skills training programs to students. Increasing the number and percentage of tenure or tenure-track faculty. Providing all faculty with professional supports to help students succeed, such as professional development opportunities, including providing— culturally inclusive and identity-safe learning environments; work spaces; and shared governance in the institution. Compensating part-time faculty for work done outside of the classroom relating to supporting student success, such as holding office hours. Strengthening, and ensuring all students have access to, student support services, such as academic advising, counseling, and tutoring. Expanding access to dual or concurrent enrollment programs and early college high school programs. Establishing prison education programs in partnership with local or State correctional facilities. Carrying out any other additional activities that improve instructional quality and academic outcomes for students as approved by the Secretary through a peer review process. A State or Tribal College or University that receives a grant under this subpart may not use grant funds or State share funds required under this subpart— for the construction of a nonacademic facility, such as a student center or stadium; for merit-based student financial aid; for need-based student financial aid (except to the extent funds are available under section 786(c)(3)); to pay the salaries or benefits of school administrators; for capital outlays or deferred maintenance; or for expenditures on athletics other than activities open to all members of the campus community. Except as provided in section 786(b)(2)(A), funds made available under this subpart shall be used to supplement, and not supplant, other Federal, State, Tribal, local, and institutional funds that would otherwise be expended to carry out activities described in this subpart. Except as provided in paragraph (2), a State or a Tribal College or University receiving a grant under this subpart for an award year may continue to receive funding under this subpart for subsequent award years conditioned on meeting the requirements of the grant, as determined by the Secretary. The Secretary shall discontinue or reduce funding of the Federal share of a grant under this subpart if the State or Tribal College or University has violated the terms of the grant. Nothing in this subpart 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. There are authorized to be appropriated, and there are appropriated, to carry out this subpart— such sums as may be necessary for the fourth quarter of fiscal year 2024; and such sums as may be necessary for each of the fiscal years 2024 through 2033. In addition to amounts otherwise available, there is appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, not more than $9,400 per student enrolled at 4-year public institutions of higher education and not more than $5,800 per student enrolled at community colleges, to remain available until September 30, 2029, for the Secretary to award grants to all States that have resident tuition and fees at community colleges or public 4-year institutions of higher education that are higher than the national average tuition and fees at community colleges or public 4-year institutions of higher education in award year 2024–2025, for the purpose of supporting such States’ ability to participate in the program under this subpart. Notwithstanding any other provision of this subpart, a State receiving grant funds under paragraph
(1)shall use such funds to meet the State share requirement under section 786(b) and to fully eliminate tuition and fees for eligible students as required under paragraphs
(2)and
(3)of section 787(a). .
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Sec. 101
Federal-State partnership to fully eliminate tuition and required fees
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