College for All Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1947 To amend the Higher Education Act of 1965 to ensure college for all. IN THE SENATE OF THE UNITED STATES JUNE 24, 2019 Mr. SCHUMER (for Mr. SANDERS) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Higher Education Act of 1965 to ensure college for all. 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 ‘‘College for All Act 4 of 2019’’. 5 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1947 IS TITLE I—FEDERAL-STATE PART- 1 NERSHIP TO ELIMINATE TUI- 2 TION AND REQUIRED FEES 3 SEC. 101. FEDERAL-STATE PARTNERSHIP TO ELIMINATE 4 TUITION AND REQUIRED FEES. 5 The Higher Education Act of 1965 (20 U.S.C. 1001 6 et seq.) is amended by adding at the end the following: 7 ‘‘TITLE IX—FEDERAL-STATE 8 PARTNERSHIP TO ELIMINATE 9 TUITION AND REQUIRED 10 FEES 11 ‘‘SEC. 901. GRANT PROGRAM TO ELIMINATE TUITION AND 12 REQUIRED FEES AT PUBLIC INSTITUTIONS 13 OF HIGHER EDUCATION AND TRIBAL COL- 14 LEGES AND UNIVERSITIES. 15 ‘‘(a) DEFINITIONS.—In this section: 16 ‘‘(1) AWARD YEAR.—The term ‘award year’ has 17 the meaning given the term in section 481(a). 18 ‘‘(2) COMMUNITY COLLEGE.—The term ‘com- 19 munity college’ means— 20 ‘‘(A) a public institution of higher edu- 21 cation at which the credential that is predomi- 22 nantly awarded to students is at the sub-bacca- 23 laureate level; or 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1947 IS ‘‘(B) a public postsecondary vocational in- 1 stitution, as defined under section 102(c). 2 ‘‘(3) COST OF ATTENDANCE.—The term ‘cost of 3 attendance’ has the meaning given the term in sec- 4 tion 472. 5 ‘‘(4) DUAL OR CONCURRENT ENROLLMENT 6 PROGRAM.—The term ‘dual or concurrent enrollment 7 program’ has the meaning given the term in section 8 8101 of the Elementary and Secondary Education 9 Act of 1965. 10 ‘‘(5) EARLY COLLEGE HIGH SCHOOL.—The 11 term ‘early college high school’ has the meaning 12 given the term in section 8101 of the Elementary 13 and Secondary Education Act of 1965. 14 ‘‘(6) ELIGIBLE INDIAN ENTITY.—The term ‘eli- 15 gible Indian entity’ means the entity responsible for 16 the governance, operation, or control of a Tribal Col- 17 lege or University. 18 ‘‘(7) ELIGIBLE STUDENT.—The term ‘eligible 19 student’ means an individual, regardless of age, who 20 has not obtained a baccalaureate degree or higher 21 degree and is enrolled, or plans to enroll, in a com- 22 munity college or public 4-year institution of higher 23 education in the State in which the individual is a 24 resident or in a Tribal College or University. 25 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1947 IS ‘‘(8) FULL-TIME EQUIVALENT ELIGIBLE STU- 1 DENTS.—The term ‘full-time equivalent eligible stu- 2 dents’, when used with respect to an institution of 3 higher education, has the meaning given the term 4 ‘full-time equivalent students’, except that the cal- 5 culation shall be made based on the number of eligi- 6 ble students enrolled at such institution. 7 ‘‘(9) FULL-TIME EQUIVALENT STUDENTS.—The 8 term ‘full-time equivalent students’ means the sum 9 of the number of students enrolled full time at an 10 institution, plus the full-time equivalent of the num- 11 ber of students enrolled part time (determined on 12 the basis of the quotient of the sum of the credit 13 hours of all part-time students divided by 12) at 14 such institution. 15 ‘‘(10) INSTITUTION OF HIGHER EDUCATION.— 16 The term ‘institution of higher education’ has the 17 meaning given the term in section 101. 18 ‘‘(11) PUBLIC 4-YEAR INSTITUTION OF HIGHER 19 EDUCATION.—The term ‘public 4-year institution of 20 higher education’ means an institution of higher 21 education that is not a community college and is op- 22 erated by a State, subdivision of a State, or govern- 23 ment agency within a State and operated wholly or 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1947 IS predominately from or through the use of govern- 1 mental funds or property. 2 ‘‘(12) TRIBAL COLLEGE OR UNIVERSITY.—The 3 term ‘Tribal College or University’ has the meaning 4 given the term in section 316(b)(3) and includes 2- 5 year and 4-year institutions. 6 ‘‘(b) PROGRAM AUTHORIZED.— 7 ‘‘(1) GRANTS AUTHORIZED.—From amounts 8 appropriated under subsection (g), the Secretary 9 shall award grants, from allotments under sub- 10 section (c), to States and eligible Indian entities hav- 11 ing applications approved under subsection (e), to 12 enable the States and eligible Indian entities to 13 eliminate tuition and required fees for all eligible 14 students at community colleges, public 4-year insti- 15 tutions of higher education in the State, or Tribal 16 Colleges and Universities of the eligible Indian enti- 17 ty. 18 ‘‘(2) NON-FEDERAL SHARE REQUIREMENT.— 19 ‘‘(A) IN GENERAL.—Except as provided in 20 subparagraph (B), each State or eligible Indian 21 entity that receives a grant under this section 22 shall provide a non-Federal share of funds for 23 an award year from non-Federal sources in an 24 amount that is equal to 33 percent of the 25 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1947 IS amount required to eliminate tuition and re- 1 quired fees— 2 ‘‘(i) in the case of a State, at commu- 3 nity colleges and public 4-year institutions 4 of higher education in the State for all eli- 5 gible students for the award year; and 6 ‘‘(ii) in the case of an eligible Indian 7 entity, at Tribal Colleges and Universities 8 of the eligible Indian entity for all eligible 9 students for the award year. 10 ‘‘(B) NON-FEDERAL SHARE REQUIREMENT 11 FOR CERTAIN ELIGIBLE INDIAN ENTITIES.— 12 ‘‘(i) IN GENERAL.—In the case of an 13 eligible Indian entity that receives a grant 14 under this section for an award year for 15 which not less than 75 percent of the stu- 16 dents enrolled in the Tribal Colleges and 17 Universities of the eligible Indian entity 18 are low-income students, such eligible In- 19 dian entity shall provide a non-Federal 20 share of funds from non-Federal sources in 21 an amount that is equal to not more than 22 5 percent of the amount necessary to elimi- 23 nate tuition and required fees at Tribal 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1947 IS Colleges and Universities of the eligible In- 1 dian entity for the award year. 2 ‘‘(ii) LOW-INCOME STUDENT.—In this 3 subparagraph, the term ‘low-income stu- 4 dent’ has the meaning given such term by 5 the Secretary, except that such term shall 6 not exclude any student eligible for a Fed- 7 eral Pell Grant under section 401. 8 ‘‘(iii) DATA.—In calculating the num- 9 ber of enrolled students and low-income 10 students for purposes of clause (i), the 11 Secretary shall use— 12 ‘‘(I) for the first award year of 13 the program under this section, the 14 number of students enrolled in award 15 year 2017–2018; and 16 ‘‘(II) for each subsequent award 17 year, the projected student enrollment 18 numbers for the award year for which 19 the allotment is made. 20 ‘‘(3) NO IN-KIND CONTRIBUTIONS.—No in-kind 21 contribution shall count toward the non-Federal 22 share requirement under paragraph (2). 23 ‘‘(c) DETERMINATION OF ALLOTMENT.— 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1947 IS ‘‘(1) FIRST AWARD YEAR OF PROGRAM.—The 1 Secretary shall allot, to each eligible State or eligible 2 Indian entity that submits an application under this 3 section for a grant under subsection (b)(1) for the 4 first award year of the program under this section, 5 an amount that is equal to 67 percent (or not less 6 than 95 percent in the case of an eligible Indian en- 7 tity described in subsection (b)(2)(B)) of the total 8 revenue received— 9 ‘‘(A) in the case of a State, from all eligi- 10 ble students at community colleges and at pub- 11 lic 4-year institutions of higher education in the 12 State in the form of tuition and required fees 13 for— 14 ‘‘(i) with respect to a State that did 15 not eliminate tuition and required fees as 16 described in subsection (d)(2) for the pre- 17 ceding award year, award year 2017–2018; 18 or 19 ‘‘(ii) with respect to a State that has 20 eliminated tuition and required fees as de- 21 scribed in such subsection, the last award 22 year that the State charged tuition and re- 23 quired fees; and 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1947 IS ‘‘(B) in the case of an eligible Indian enti- 1 ty, from all eligible students at Tribal Colleges 2 and Universities of the eligible Indian entity, in 3 the form of tuition and required fees for— 4 ‘‘(i) with respect to an eligible Indian 5 entity that did not eliminate tuition and 6 required fees as described in subsection 7 (d)(2) for the preceding award year, award 8 year 2017–2018; or 9 ‘‘(ii) with respect to an eligible Indian 10 entity that has eliminated tuition and re- 11 quired fees as described in such subsection, 12 the last award year for which the eligible 13 Indian entity charged tuition and required 14 fees. 15 ‘‘(2) FIRST AWARD YEAR ALLOTMENT FOR 16 STATES AND ELIGIBLE INDIAN ENTITIES APPLYING 17 AFTER THE FIRST YEAR OF THE PROGRAM.— 18 ‘‘(A) IN GENERAL.—The Secretary shall 19 allot to each eligible State or eligible Indian en- 20 tity that submits its first application for a 21 grant under subsection (b)(1) for the second or 22 a subsequent year of the program under this 23 section, an amount equal to— 24 ‘‘(i) the product of— 25 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 10 •S 1947 IS ‘‘(I) the allotment the eligible 1 State or eligible Indian entity would 2 have received in the first award year 3 of the program under this section if 4 the State or eligible Indian entity had 5 submitted an application for such 6 year; 7 ‘‘(II) the projected full-time 8 equivalent eligible students figure for 9 all community colleges and public 4- 10 year institutions of higher education 11 of the eligible State, or all Tribal Col- 12 leges and Universities of the eligible 13 Indian entity, for the award year for 14 which the allotment is made; and 15 ‘‘(III) the amount of additional 16 expenditures per full-time equivalent 17 eligible student by the eligible State or 18 eligible Indian entity that will be nec- 19 essary to eliminate tuition and re- 20 quired fees for each such student for 21 the award year for which the allot- 22 ment is made; divided by 23 ‘‘(ii) the product of— 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 11 •S 1947 IS ‘‘(I) the full-time equivalent eligi- 1 ble students figure for all community 2 colleges and public 4-year institutions 3 of higher education of the eligible 4 State, or all Tribal Colleges and Uni- 5 versities of the eligible Indian entity, 6 for the first award year of the pro- 7 gram for which the eligible State or 8 eligible Indian entity was eligible to 9 submit an application under this sec- 10 tion; and 11 ‘‘(II) the amount of expenditures 12 per full-time equivalent eligible stu- 13 dent by the eligible State or eligible 14 Indian entity that would have been 15 necessary to eliminate tuition and re- 16 quired fees for each such student for 17 the first award year of the program 18 for which the eligible State or eligible 19 Indian entity was eligible to submit an 20 application under this section. 21 ‘‘(B) PROJECTED ENROLLMENT.—If the 22 projected full-time equivalent eligible students 23 figure of the State or eligible Indian entity 24 under subparagraph (A) is more than 25 per- 25 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 12 •S 1947 IS cent larger than the full-time equivalent eligible 1 students figure for the preceding year, the Sec- 2 retary may challenge such enrollment projection 3 and offer an alternative enrollment projection 4 which shall be used in the formula under sub- 5 paragraph (A) for determining the allotment. 6 ‘‘(3) SUBSEQUENT AWARD YEARS.— 7 ‘‘(A) IN GENERAL.—The Secretary shall 8 allot to an eligible State or eligible Indian entity 9 submitting an application for a grant under 10 subsection (b)(1) for a second or subsequent 11 year after receiving a grant under paragraph 12 (1) or (2), an amount equal to— 13 ‘‘(i) the product of— 14 ‘‘(I) the allotment received for 15 the first award year for which the eli- 16 gible State or eligible Indian entity 17 submitted an application; 18 ‘‘(II) the projected full-time 19 equivalent eligible students figure for 20 all community colleges and public 4- 21 year institutions of higher education 22 of the eligible State, or all Tribal Col- 23 leges and Universities of the eligible 24 VerDate Sep 11 2014 20:55 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1947.IS S1947 pamtmann on DSKBFK8HB2PROD with BILLS 13 •S 1947 IS Indian entity, for the award year for 1 which the allotment is made; and 2 ‘‘(III) the amount of additional 3 expenditures per full-time equivalent 4 eligible student by the eligible State or 5 eligible Indian entity that will be nec- 6 essary to eliminate tuition and re- 7 quired fees for each such student for 8 the award year for which the allot- 9 ment is made; divided by 10 ‘‘(ii) the product of— 11 ‘‘(I) the full-time equivalent eligi- 12 ble student figure for all community 13 colleges and public 4-year institutions 14 of higher education of the eligible 15 State, or all Tribal Colleges and Uni- 16 versities of the eligible Indian entity, 17 for the first award year that the State 18 or eligible Indian entity participates 19 under paragraph (1) or (2), as the 20 cas [Text truncated for display. 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