College for All Act of 2023

I 118TH CONGRESS 1ST SESSION H. R. 4117 To amend the Higher Education Act of 1965 to ensure College for All. IN THE HOUSE OF REPRESENTATIVES JUNE 14, 2023 Ms. JAYAPAL (for herself, Mr. THOMPSON of Mississippi, Mr. JOHNSON of Georgia, Ms. LEE of California, Ms. WILLIAMS of Georgia, Mr. PAYNE, Mr. POCAN, Mr. BOWMAN, Ms. CHU, Mrs. WATSON COLEMAN, Mr. GOMEZ, Mr. BLUMENAUER, Ms. BUSH, Ms. STANSBURY, Ms. SCHA- KOWSKY, Ms. MENG, Mr. KIM of New Jersey, Ms. OMAR, Ms. VELA´ZQUEZ, Ms. OCASIO-CORTEZ, Ms. BARRAGA´N, Mrs. RAMIREZ, Mr. TAKANO, Ms. TLAIB, Ms. CLARKE of New York, Ms. NORTON, Ms. JACK- SON LEE, Mr. FROST, Mr. LIEU, Mr. CASAR, Mr. NADLER, Ms. TOKUDA, Ms. PINGREE, Mrs. NAPOLITANO, Ms. BALINT, Mr. EVANS, Ms. WILSON of Florida, Ms. DEAN of Pennsylvania, Mr. GARCI´A of Illinois, and Ms. PRESSLEY) introduced the following bill; which was referred to the Com- mittee on Education and the Workforce, and in addition to the Commit- tees on the Budget, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provi- sions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 2 •HR 4117 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘College for All Act 2 of 2023’’. 3 SEC. 2. TABLE OF CONTENTS. 4 The table of contents for this Act is as follows: 5 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—FEDERAL-STATE PARTNERSHIP TO FULLY ELIMINATE TUITION AND REQUIRED FEES Sec. 101. Federal-State partnership to fully eliminate tuition and required fees. TITLE II—GRANT PROGRAM TO ELIMINATE TUITION AND FEES FOR ELIGIBLE STUDENTS AT PRIVATE NONPROFIT HISTORI- CALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY- SERVING INSTITUTIONS Sec. 201. Grant program to eliminate tuition and fees for eligible students at private nonprofit historically Black colleges and universities and minority-serving institutions. Sec. 202. Northern Mariana Islands, American Samoa, United States Virgin Is- lands, Guam, and Freely Associated States college access. TITLE III—FEDERAL PELL GRANT IMPROVEMENTS Sec. 301. Federal Pell Grant improvements. TITLE IV—INCLUSIVE STUDENT SUCCESS GRANTS Sec. 401. Inclusive student success grants. TITLE V—INCREASING SUPPORT FOR STUDENTS Sec. 501. Increasing success for low-income and first generation students. TITLE VI—INVESTMENTS IN HISTORICALLY BLACK COLLEGES AND UNIVERSITIES, TRIBAL COLLEGES OR UNIVERSITIES, AND OTHER MINORITY-SERVING INSTITUTIONS Sec. 601. Appropriations for historically Black colleges and universities, Tribal colleges and universities, and minority-serving institutions. TITLE VII—SNYDER ACT Sec. 701. Rule of construction regarding the Snyder Act. VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 3 •HR 4117 IH TITLE I—FEDERAL-STATE PART- 1 NERSHIP TO FULLY ELIMI- 2 NATE TUITION AND RE- 3 QUIRED FEES 4 SEC. 101. FEDERAL-STATE PARTNERSHIP TO FULLY ELIMI- 5 NATE TUITION AND REQUIRED FEES. 6 Title VII of the Higher Education Act of 1965 (20 7 U.S.C. 1133 et seq.) is amended by adding at the end 8 the following: 9 ‘‘PART F—COLLEGE FOR ALL 10 ‘‘Subpart 1—Grants for Tuition-Free Public College 11 ‘‘SEC. 783. PURPOSE. 12 ‘‘The purpose of this subpart is to establish a Fed- 13 eral-State partnership with States and Tribal Colleges and 14 Universities to provide for the elimination of tuition and 15 required fees for eligible students. 16 ‘‘SEC. 784. DEFINITIONS. 17 ‘‘In this subpart: 18 ‘‘(1) AWARD YEAR.—The term ‘award year’ has 19 the meaning given the term in section 481(a). 20 ‘‘(2) COMMUNITY COLLEGE.— 21 ‘‘(A) IN GENERAL.—The term ‘community 22 college’ means— 23 ‘‘(i) a public institution of higher edu- 24 cation at which— 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 4 •HR 4117 IH ‘‘(I) the highest degree awarded 1 is an associate degree; or 2 ‘‘(II) an associate degree is the 3 most frequently awarded degree; 4 ‘‘(ii) a public postsecondary vocational 5 institution, as defined under section 6 102(c); or 7 ‘‘(iii) at the designation of the Sec- 8 retary, in the case of a State in which 9 there is no community college operated or 10 controlled by the State that meets a defini- 11 tion under clause (i) or (ii), a college or 12 similarly defined and structured academic 13 entity— 14 ‘‘(I) that was in existence on 15 July 1, 2023; 16 ‘‘(II) within a public 4-year insti- 17 tution of higher education; and 18 ‘‘(III) at which— 19 ‘‘(aa) the highest degree 20 awarded is an associate degree; 21 or 22 ‘‘(bb) an associate degree is 23 the most frequently awarded de- 24 gree. 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 5 •HR 4117 IH ‘‘(B) COMMUNITY COLLEGES OPERATED 1 OR CONTROLLED BY A STATE TO INCLUDE COM- 2 MUNITY COLLEGES OPERATED OR CONTROLLED 3 BY LOCAL GOVERNMENTS WITHIN THE 4 STATE.—The terms ‘community college oper- 5 ated or controlled by a State’ and ‘community 6 college operated or controlled by the State’ in- 7 cludes a community college operated or con- 8 trolled by a local government within such State. 9 ‘‘(3) COST OF ATTENDANCE.—The term ‘cost of 10 attendance’ has the meaning given the term in sec- 11 tion 472. 12 ‘‘(4) DUAL OR CONCURRENT ENROLLMENT 13 PROGRAM.—The term ‘dual or concurrent enrollment 14 program’ has the meaning given the term in section 15 8101 of the Elementary and Secondary Education 16 Act of 1965. 17 ‘‘(5) EARLY COLLEGE HIGH SCHOOL.—The 18 term ‘early college high school’ has the meaning 19 given the term in section 8101 of the Elementary 20 and Secondary Education Act of 1965. 21 ‘‘(6) ELIGIBLE STUDENT.— 22 ‘‘(A) IN GENERAL.—The term ‘eligible stu- 23 dent’ means an individual, regardless of age or 24 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 6 •HR 4117 IH immigration status, who has not obtained a 1 baccalaureate degree or higher degree and— 2 ‘‘(i) in the case of a student enrolled 3 in a community college or a 2-year Tribal 4 College or University— 5 ‘‘(I) is enrolled, or plans to en- 6 roll, as an undergraduate student in 7 an eligible program (as defined in sec- 8 tion 481(b)) at a community college in 9 the State in which the individual is a 10 resident or in a 2-year Tribal College 11 or University; 12 ‘‘(II) and who is enrolled in a 13 community college that charges dif- 14 ferent tuition rates on the basis on 15 residency, either— 16 ‘‘(aa) qualifies for in-State 17 resident tuition at such commu- 18 nity college; or 19 ‘‘(bb) would qualify for such 20 in-State resident tuition at such 21 community college, but for the 22 student’s immigration status; 23 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 7 •HR 4117 IH ‘‘(III) is not enrolled in a dual or 1 concurrent enrollment program or an 2 early college high school; and 3 ‘‘(IV) who is eligible to complete 4 the Free Application for Federal Stu- 5 dent Aid under section 483(a), has 6 filed such application for the applica- 7 ble award year for which the student 8 is enrolled; or 9 ‘‘(ii) in the case of a student enrolled 10 in an eligible 4-year institution of higher 11 education— 12 ‘‘(I) is enrolled, or plans to en- 13 roll, as an undergraduate student in 14 an eligible program (as defined in sec- 15 tion 481(b)) at a public 4-year institu- 16 tion of higher education or in a 4-year 17 Tribal College or University; 18 ‘‘(II) is a working class or middle 19 class student, as described in section 20 787(a)(3); 21 ‘‘(III) who is enrolled in a public 22 4-year institution of higher education 23 that charges different tuition rates 24 based on residency, either— 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 8 •HR 4117 IH ‘‘(aa) qualifies for in-State 1 resident tuition at such institu- 2 tion; or 3 ‘‘(bb) would qualify for such 4 in-State resident tuition at such 5 institution, but for the student’s 6 immigration status; 7 ‘‘(IV) is not enrolled in a dual or 8 concurrent enrollment program or an 9 early college high school; and 10 ‘‘(V) who is eligible to complete 11 the Free Application for Federal Stu- 12 dent Aid under section 483(a), has 13 filed such application for the applica- 14 ble award year for which the student 15 is enrolled. 16 ‘‘(B) RULE OF CONSTRUCTION.—For pur- 17 poses of subparagraph (A), in-State resident 18 tuition includes in-district tuition and out-of- 19 district in-State tuition. 20 ‘‘(7) 4-YEAR TRIBAL COLLEGE OR UNIVER- 21 SITY.—The term ‘4-year Tribal College or Univer- 22 sity’ means a Tribal College or University that is not 23 a 2-year Tribal College or University. 24 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 9 •HR 4117 IH ‘‘(8) FULL-TIME EQUIVALENT STUDENTS.—The 1 term ‘full-time equivalent students’ means the sum 2 of the number of students enrolled full time at an 3 institution, plus the full-time equivalent of the num- 4 ber of students enrolled part time (determined on 5 the basis of the quotient of the sum of the credit 6 hours of all part-time students divided by 12) at 7 such institution. 8 ‘‘(9) INSTITUTION OF HIGHER EDUCATION.— 9 The term ‘institution of higher education’ has the 10 meaning given the term in section 101(a). 11 ‘‘(10) NET PRICE.—The term ‘net price’ means 12 the difference between cost of attendance and the 13 sum of only grants and institutional and State schol- 14 arships. 15 ‘‘(11) PUBLIC 4-YEAR INSTITUTION OF HIGHER 16 EDUCATION.—The term ‘public 4-year institution of 17 higher education’ means a public institution of high- 18 er education that is not a community college. 19 ‘‘(12) REVERSE TRANSFER POLICY.—The term 20 ‘reverse transfer policy’ means a policy or program 21 that allows an institution of higher education to— 22 ‘‘(A) implement a process of retroactively 23 granting a certificate or associate degree to a 24 student who had not completed the require- 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 10 •HR 4117 IH ments for such certificate or degree before the 1 student transferred; or 2 ‘‘(B) allow academic credits for coursework 3 completed at a 4-year institution of higher edu- 4 cation to be applied to a previously attended 5 community college for the purpose of obtaining 6 an associate degree or a certificate. 7 ‘‘(13) STATE FISCAL SUPPORT FOR HIGHER 8 EDUCATION.— 9 ‘‘(A) INCLUSIONS.— 10 ‘‘(i) IN GENERAL.—Except as pro- 11 vided in subparagraph (B), the term ‘State 12 fiscal support for higher education’, used 13 with respect to a State for such State’s fis- 14 cal year, means an amount that is equal 15 to— 16 ‘‘(I) the amount of applicable 17 State funds appropriated by the 18 State, including funds from lottery re- 19 ceipts, in the fiscal year, that are used 20 to support institutions of higher edu- 21 cation and student financial aid for 22 higher education in the State; and 23 ‘‘(II) any funds described in 24 clause (ii), if applicable. 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 11 •HR 4117 IH ‘‘(ii) LOCAL FUNDS.—In the case of a 1 State that includes, as part of the State 2 share under section 786(b)(2)(B) for an 3 award year, funds provided to community 4 colleges by local governments in such State 5 for the purpose of carrying out this sub- 6 part, local funds provided to community 7 colleges operated or controlled by the State 8 for operating expenses (excluding capital 9 expenses, research and development costs, 10 and local funds that are included in the 11 State share under section 786(b)(2)(B)) 12 shall be included in the calculation of the 13 State fiscal support for higher education 14 under clause (i). 15 ‘‘(B) EXCLUSIONS.—State fiscal support 16 for higher education for a State fiscal year does 17 not include— 18 ‘‘(i) funds described in subparagraph 19 (A) that are returned to the State; 20 ‘‘(ii) State-appropriated funds derived 21 from Federal sources, including funds pro- 22 vided under sections 786(a) and 801; 23 ‘‘(iii) funds that are included in the 24 State share under section 786(b), except as 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 12 •HR 4117 IH provided in subparagraph (A)(ii), including 1 funds included in the State share in ac- 2 cordance with paragraph (2)(A) of such 3 section; 4 ‘‘(iv) amounts that are portions of 5 multiyear appropriations to be distributed 6 over multiple years that are not to be 7 spent for the year for which the calculation 8 under this paragraph is being made, sub- 9 ject to subparagraph (C); 10 ‘‘(v) tuition, fees, or other educational 11 charges paid directly by a student to an in- 12 stitution of higher education or to the 13 State; 14 ‘‘(vi) funds for— 15 ‘‘(I) financial aid to students at- 16 tending, or operating expenses of— 17 ‘‘(aa) out-of-State institu- 18 tions of higher education (includ- 19 ing for the purpose of exclusive 20 online enrollment at an out-of- 21 State institution); 22 ‘‘(bb) proprietary institu- 23 tions of higher education (as de- 24 fined in section 102(b)); or 25 VerDate Sep 11 2014 20:24 Jul 10, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4117.IH H4117 tkelley on DSK125TN23PROD with BILLS 13 •HR 4117 IH ‘‘(cc) institutions of higher 1 education not accredited by an 2 agency or association recognized 3 by the Secretary pursuant to sec- 4 tion 496; 5 ‘‘(II) financial aid to students 6 awarded predominantly or signifi- 7 cantly on the basis of merit; 8 ‘‘(III) research and development; 9 or 10 ‘‘(IV) hospitals, athletics, or 11 other auxiliary enterprises; 12 ‘‘(vii) corporate or other private dona- 13 ti [Text truncated for display. 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