Federal
Strengthening American Communities Act of 2019
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II
116TH CONGRESS
1ST SESSION
S. 686
To amend the Higher Education Act of 1965 to provide greater access
to higher education for America’s students, to eliminate educational
barriers for participation in a public service career, and for other pur-
poses.
IN THE SENATE OF THE UNITED STATES
MARCH 6, 2019
Mr. CARDIN introduced the following bill; which was read twice and referred
to the Committee on Health, Education, Labor, and Pensions
A BILL
To amend the Higher Education Act of 1965 to provide
greater access to higher education for America’s stu-
dents, to eliminate educational barriers for participation
in a public service career, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Strengthening Amer-
4
ican Communities Act of 2019’’.
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SEC. 2. PURPOSE.
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It is the purpose of this Act to provide greater access
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to higher education for America’s students, to eliminate
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educational barriers for participation in a public service
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career by providing an opportunity for potential public
2
servants to obtain an undergraduate education, and to es-
3
tablish an accelerated form of the public service loan for-
4
giveness program for more immediate loan forgiveness for
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existing public servants holding Federal Direct Stafford
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Loans, Federal Direct Unsubsidized Stafford Loans, and
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Federal Direct PLUS Loans.
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TITLE I—AMERICA’S COLLEGE
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PROMISE
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SEC. 101. SHORT TITLE.
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This title may be cited as the ‘‘America’s College
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Promise Act of 2019’’.
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SEC. 102. PURPOSE.
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The purpose of this title is to help all individuals of
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the United States earn the education and skills the indi-
16
viduals need—
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(1) by making 2 years of community college
18
free, through a new partnership with States and In-
19
dian Tribes to help the States and Indian Tribes—
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(A) waive resident community college tui-
21
tion and fees for eligible students;
22
(B) maintain State and Indian Tribe sup-
23
port for higher education; and
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(C) promote key reforms to improve stu-
1
dent outcomes; and
2
(2) through a new partnership with minority-
3
serving institutions to—
4
(A) encourage eligible students to enroll
5
and successfully complete a baccalaureate de-
6
gree at participating institutions; and
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(B) promote key reforms to improve stu-
8
dent outcomes.
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Subtitle A—State and Indian Tribe
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Grants for Community Colleges
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SEC. 111. IN GENERAL.
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From amounts appropriated under section 117(a) for
13
any fiscal year, the Secretary shall award grants to eligible
14
States and Indian Tribes to pay the Federal share of ex-
15
penditures needed to carry out the activities and services
16
described in section 115.
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SEC. 112. FEDERAL SHARE; NON-FEDERAL SHARE.
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(a) FEDERAL SHARE.—
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(1) FORMULA.—Subject to paragraph (2), the
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Federal share of a grant under this subtitle shall be
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based on a formula, determined by the Secretary,
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that—
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(A) accounts for the State or Indian
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Tribe’s share of eligible students; and
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(B) provides, for each eligible student in
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the State or Indian Tribe, a per-student
2
amount that is—
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(i) not less than 300 percent of the
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per-student amount of the State or Indian
5
Tribe share, determined under subsection
6
(b), subject to clause (ii); and
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(ii) not greater than 75 percent of—
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(I) for the 2018–2019 award
9
year, the average resident community
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college tuition and fees per student in
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all States for the most recent year for
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which data are available; and
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(II) for each subsequent award
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year, the average resident community
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college tuition and fees per student in
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all States calculated under this sub-
17
clause for the preceding year, in-
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creased by the lesser of—
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(aa) the percentage by which
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the average resident community
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college tuition and fees per stu-
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dent in all States for the most re-
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cent year for which data are
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available increased as compared
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to such average for the preceding
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year; or
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(bb) 3 percent.
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(2)
EXCEPTION
FOR
CERTAIN
INDIAN
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TRIBES.—In any case in which not less than 75 per-
5
cent of the students at the community colleges oper-
6
ated or controlled by an Indian Tribe are low-income
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students, the amount of the Federal share for such
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Indian Tribe shall be not less than 95 percent of the
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total amount needed to waive tuition and fees for all
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eligible students enrolled in such community col-
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leges.
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(b) STATE OR TRIBAL SHARE.—
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(1) FORMULA.—
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(A) IN
GENERAL.—The State or Tribal
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share of a grant under this subtitle for each fis-
16
cal year shall be the amount needed to pay 25
17
percent of the average community college resi-
18
dent tuition and fees per student in all States
19
in the 2018–2019 award year for all eligible
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students in the State or Indian Tribe, respec-
21
tively, for such fiscal year, except as provided in
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subparagraph (B).
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(B) EXCEPTION
FOR
CERTAIN
INDIAN
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TRIBES.—In a case in which not less than 5
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percent of the students at the community col-
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leges operated or controlled by an Indian Tribe
2
are low-income students, the amount of such
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Indian Tribe’s tribal share shall not exceed 5
4
percent of the total amount needed to waive tui-
5
tion and fees for all eligible students enrolled in
6
such community colleges.
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(2) NEED-BASED AID.—A State or Indian Tribe
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may include any need-based financial aid provided
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through State or Tribal funds to eligible students as
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part of the State or Tribal share.
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(3) NO IN-KIND CONTRIBUTIONS.—A State or
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Indian Tribe shall not include in-kind contributions
13
for purposes of the State or Tribal share described
14
in paragraph (1).
15
SEC. 113. ELIGIBILITY.
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To be eligible for a grant under this subtitle, a State
17
or Indian Tribe shall agree to waive community college
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resident tuition and fees for all eligible students for each
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year of the grant.
20
SEC. 114. APPLICATIONS.
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(a) SUBMISSION.—For each fiscal year for which a
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State or Indian Tribe desires a grant under this subtitle,
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an application shall be submitted to the Secretary at such
24
time, in such manner, and containing such information as
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the Secretary may require. Such application shall be sub-
1
mitted by—
2
(1) in the case of a State, the Governor, the
3
State agency with jurisdiction over higher education,
4
or another agency designated by the Governor to ad-
5
minister the program under this subtitle; or
6
(2) in the case of an Indian Tribe, the gov-
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erning body of such Tribe.
8
(b) CONTENTS.—Each State or Indian Tribe applica-
9
tion shall include, at a minimum—
10
(1) an estimate of the number of eligible stu-
11
dents in the State or Indian Tribe and the cost of
12
waiving community college resident tuition and fees
13
for all eligible students for each fiscal year covered
14
by the grant, with annual increases of an amount
15
that shall not exceed 3 percent of the prior year’s
16
average resident community college tuition and fees;
17
(2) an assurance that all community colleges in
18
the State or under the jurisdiction of the Indian
19
Tribe, respectively, will waive resident tuition and
20
fees for eligible students in programs that are—
21
(A) academic programs with credits that
22
can fully transfer via articulation agreement to-
23
ward a baccalaureate degree or postbaccalaure-
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ate degree at any public institution of higher
1
education in the State; or
2
(B) occupational skills training programs
3
that lead to a recognized postsecondary creden-
4
tial that is in an in-demand industry sector or
5
occupation in the State;
6
(3) a description of the promising and evidence-
7
based institutional reforms and innovative practices
8
to improve student outcomes, including completion
9
or transfer rates, that have been or will be adopted
10
by the participating community colleges, such as—
11
(A) providing comprehensive academic and
12
student support services, including mentoring
13
and advising, especially for low-income, first-
14
generation, adult, and other underrepresented
15
students;
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(B) providing accelerated learning opportu-
17
nities, such as dual or concurrent enrollment
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programs, including early college high school
19
programs;
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(C) advancing competency-based education;
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(D) strengthening remedial education, es-
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pecially for low-income, first-generation, adult
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and other underrepresented students;
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(E) implementing course redesigns of high-
1
enrollment courses to improve student outcomes
2
and reduce cost; or
3
(F) utilizing career pathways or degree
4
pathways;
5
(4) a description of how the State or Indian
6
Tribe will promote alignment between its public sec-
7
ondary school and postsecondary education systems,
8
including between 2-year and 4-year public institu-
9
tions of higher education and with minority-serving
10
institutions described in section 371(a) of the High-
11
er Education Act of 1965 (20 U.S.C. 1067q(a)), to
12
expand awareness of and access to postsecondary
13
education, reduce the need for remediation and re-
14
peated coursework, and improve student outcomes;
15
(5) a description of how the State or Indian
16
Tribe will ensure that programs leading to a recog-
17
nized postsecondary credential meet the quality cri-
18
teria established by the State under section 123(a)
19
of the Workforce Innovation and Opportunity Act
20
(29 U.S.C. 3153(a)) or other quality criteria deter-
21
mined appropriate by the State or Indian Tribe;
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(6) an assurance that all participating commu-
23
nity colleges in the State or under the authority of
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the Indian Tribe have entered into program partici-
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pation agreements under section 487 of the Higher
1
Education Act of 1965 (20 U.S.C. 1094); and
2
(7) an assurance that, for each year of the
3
grant, the State or Indian Tribe will notify each eli-
4
gible student of the student’s remaining eligibility
5
for assistance under this subtitle.
6
SEC. 115. ALLOWABLE USES OF FUNDS.
7
(a) IN GENERAL.—A State or Indian Tribe shall use
8
a grant under this subtitle only to provide funds to partici-
9
pating community colleges to waive resident tuition and
10
fees for eligible students who are enrolled in—
11
(1) academic programs with credits that can
12
fully transfer via articulation agreement toward a
13
baccalaureate degree or postbaccalaureate degree at
14
any public institution of higher education in the
15
State; or
16
(2) occupational skills training programs that
17
lead to a recognized postsecondary credential that is
18
in an in-demand industry sector or occupation in the
19
State.
20
(b) ADDITIONAL USES.—If a State or Indian Tribe
21
demonstrates to the Secretary that it has grant funds re-
22
maining after meeting the demand for activities described
23
in subsection (a), the State or Indian Tribe may use those
24
funds to carry out one or more of the following:
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(1) Expanding the waiver of resident tuition
1
and fees at community college to students who are
2
returning students or otherwise not enrolling in
3
postsecondary education for the first time, and who
4
meet the student eligibility requirements of clauses
5
(i) through (v) of section 116(5)(A).
6
(2) Expanding the scope and capacity of high-
7
quality academic and occupational skills training
8
programs at community colleges.
9
(3) Improving postsecondary education readi-
10
ness in the State or Indian Tribe, through outreach
11
and early intervention.
12
(4) Expanding access to dual or concurrent en-
13
rollment programs, including early college high
14
school programs.
15
(5) Improving affordability at 4-year public and
16
private, nonprofit institutions of higher education.
17
(c) USE
OF FUNDS
FOR ADMINISTRATIVE PUR-
18
POSES.—A State or Indian Tribe that receives a grant
19
under this subtitle may not use any funds provided under
20
this subtitle for administrative purposes relating to the
21
grant under this subtitle.
22
(d) MAINTENANCE OF EFFORT REQUIRED.—
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(1) IN GENERAL.—A State or Indian Tribe that
1
receives a grant under this subtitle shall provide,
2
with respect to a fiscal year—
3
(A) for public and private, nonprofit insti-
4
tutions of higher education in such State or In-
5
dian tribe an amount that is equal to or greater
6
than the amount provided for non-capital and
7
non-direct research and development expenses
8
or costs by such State or Indian tribe to such
9
institutions of higher education during the pre-
10
ceding fiscal year for which satisfactory data
11
are available; and
12
(B) for student financial aid for paying
13
costs associated with public and private, non-
14
profit postsecondary education in such State or
15
Indian tribe an amount that is equal to or
16
greater than the amount provided for student
17
financial aid for paying costs associated with
18
public and private, nonprofit postsecondary
19
education by such State or India
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