880 
tiple measures (such as a student’s college en-
trance examination score, grade point average, 
high school course list, or a placement examina-
tion) to identify students in need of remedial 
education; or 
‘‘(E) utilizing career pathways or degree 
pathways; 
‘‘(4) a description of how the State or Indian 
tribe will ensure that programs leading to a recog-
nized postsecondary credential meet the quality cri-
teria established by the State under section 123(a) 
of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3153(a)) or other quality criteria deter-
mined appropriate by the State or Indian tribe; 
‘‘(5) an assurance that all participating commu-
nity colleges in the State or under the authority of 
the Indian tribe have entered into program partici-
pation agreements under section 487; 
‘‘(6) an assurance that the State or Indian tribe 
will, to the extent practicable, assist eligible students 
in obtaining information about and accessing means- 
tested Federal benefit programs (as defined in sec-
tion 479(d)) for which such students may be eligible; 
‘‘(7) an assurance that, for each year of the 
grant, the State or Indian tribe will notify each eligi-
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ble student of the student’s remaining eligibility for 
assistance under this subpart; and 
‘‘(8) if the application is submitted by a 
State— 
‘‘(A) an assurance that the State will, to 
the extent practicable, consider changes to 
State law that will enable more community col-
lege students to be eligible for means-tested 
Federal benefit programs (as defined in section 
479(d)); 
‘‘(B) an assurance that the State will meet 
the requirements of section 499D(b)(1) relating 
to the alignment of secondary and postsec-
ondary education; and 
‘‘(C) an assurance that the State will meet 
the requirements of section 499D(b)(2) relating 
to the improvement of transfer pathways be-
tween institutions of higher education. 
‘‘SEC. 499D. PROGRAM REQUIREMENTS. 
‘‘(a) GENERAL REQUIREMENTS FOR STATES AND IN-
DIAN TRIBES.—As a condition of receiving a grant under 
this subpart a State or Indian tribe shall meet the fol-
lowing requirements: 
‘‘(1) For each year of the grant the total 
amount of community college resident tuition and 
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fees charged to an eligible student in the State or 
Indian tribe shall be $0. 
‘‘(2) For each year of the grant no amount of 
financial assistance for which an eligible student 
qualifies may be applied to such tuition or fees. 
‘‘(b) STATE REQUIREMENTS.—As a condition of re-
ceiving a grant under this subpart a State shall meet the 
following requirements: 
‘‘(1) ALIGNMENT OF K–12 AND HIGHER EDU-
CATION.— 
‘‘(A) IN GENERAL.—The State shall— 
‘‘(i) submit a plan to align the re-
quirements for receiving a regular high 
school diploma from a public high school 
with the requirements for entering credit- 
bearing coursework at a participating com-
munity college; and 
‘‘(ii) not later than three 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. 
‘‘(B) FAILURE TO CERTIFY.—If a State 
does not provide the certification required 
under subparagraph (A) by the date specified in 
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883 
such subparagraph, the State shall submit to 
the Secretary, at such time and in such manner 
as the Secretary may require— 
‘‘(i) a written explanation for the 
delay in making the certification; and 
‘‘(ii) a plan that will enable the State 
to make the certification by not later than 
5 years after the date on which the State 
first received a grant under this subpart. 
‘‘(2) TRANSFER PATHWAYS.— 
‘‘(A) IN GENERAL.—The State shall— 
‘‘(i) submit a plan, developed in col-
laboration with faculty from institutions of 
higher education in the State, to improve 
transfer pathways between institutions of 
higher education in the State, including by 
ensuring that associate degrees awarded by 
public institutions 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 
‘‘(ii) not later than 3 years after the 
date on which the State first receives a 
grant under this subpart, certify to the 
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Secretary that an associate degree in an 
academic major in the arts or sciences that 
is awarded by a public institution of higher 
education in the State on or after the date 
that is not later than 3 years after the 
date on which the State first receives a 
grant under this subpart shall be fully 
transferrable to, and credited as, the first 
2 years of a related baccalaureate program 
at a public institution of higher education 
in such State. 
‘‘(B) FAILURE TO CERTIFY.—If a State 
does not provide the certification required 
under subparagraph (A) by the date specified in 
such subparagraph, the State shall submit to 
the Secretary, at such time and in such manner 
as the Secretary may require— 
‘‘(i) a written explanation for the 
delay in making the certification; and 
‘‘(ii) a plan that will enable the State 
to make the certification by not later than 
5 years after the date on which the State 
first received a grant under this subpart. 
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885 
‘‘(3) APPLICABILITY.—The Secretary may not 
apply the requirements under this subsection to an 
Indian tribe. 
‘‘SEC. 499E. ALLOWABLE USES OF FUNDS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), a State or Indian tribe shall use a grant under this 
subpart only to provide funds to participating community 
colleges to enable such community colleges to waive resi-
dent tuition and fees for eligible students as required 
under section 499D(a). 
‘‘(b) ADDITIONAL USES.—If a State or Indian tribe 
demonstrates to the Secretary that it has grant funds re-
maining after meeting the demand for activities described 
in subsection (a), the State or Indian tribe may use those 
funds to carry out one or more of the following: 
‘‘(1) Enhancing the quality of public higher 
education to improve student outcomes, including 
transfer and completion rates. 
‘‘(2) Expanding the scope and capacity of high- 
quality academic and occupational skills training 
programs at community colleges. 
‘‘(3) Improving postsecondary education readi-
ness in the State or Indian tribe, including through 
outreach and early intervention. 
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‘‘(4) Expanding access to dual or concurrent 
enrollment programs, including early college high 
school programs. 
‘‘(5) Improving affordability at 4-year public in-
stitutions of higher education. 
‘‘(c) USE OF FUNDS FOR ADMINISTRATIVE PUR-
POSES.—A State or Indian tribe that receives a grant 
under this subpart may not use any funds provided under 
this subpart for administrative purposes relating to the 
grant under this subpart. 
‘‘(d) MAINTENANCE OF EFFORT.—A State or Indian 
tribe receiving a grant under this subpart is entitled to 
receive its full allotment of funds under this subpart for 
a fiscal year only if, for each year of the grant, the State 
or Indian tribe provides— 
‘‘(1) financial support for public higher edu-
cation at a level equal to or exceeding the average 
amount provided per full-time equivalent student for 
public institutions of higher education for the three 
consecutive preceding fiscal years. In making the 
calculation under this subsection, the State or In-
dian tribe shall— 
‘‘(A) exclude capital expenses and research 
and development costs; and 
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887 
‘‘(B) include need-based financial aid for 
students who attend public institutions of high-
er education; 
‘‘(2) financial support for operational expenses 
for public, four-year colleges and universities at a 
level equal to or exceeding the average amount pro-
vided for the three consecutive preceding State or 
Indian tribe fiscal years; and 
‘‘(3) financial support for need-based financial 
aid at a level equal to or exceeding the average 
amount provided for the three consecutive preceding 
State or Indian tribe fiscal years. 
‘‘(e) ANNUAL REPORT.—A State or Indian tribe re-
ceiving a grant under this subpart shall submit an annual 
report to the Secretary describing the uses of grant funds 
under this subpart, the progress made in fulfilling the re-
quirements of the grant, and rates of transfer, graduation, 
and attainment of recognized postsecondary credentials at 
participating community colleges, including such rates 
disaggregated by race, income, and age, and including any 
other information as the Secretary may require. 
‘‘(f) REPORTING BY SECRETARY.—The Secretary an-
nually shall— 
‘‘(1) compile and analyze the information de-
scribed in subsection (e); and 
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888 
‘‘(2) prepare and submit a report to the Com-
mittee on Health, Education, Labor, and Pensions 
of the Senate and the Committee on Education and 
Labor of the House of Representatives containing 
the analysis described in paragraph (1) and an iden-
tification of State and Indian tribe best practices for 
achieving the purpose of this subpart. 
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance to eligible States and Indian 
tribes concerning best practices regarding the promising 
and evidence-based institutional reforms and innovative 
practices to improve student outcomes and shall dissemi-
nate such best practices among the States and Indian 
tribes. 
‘‘(h) CONTINUATION OF FUNDING.— 
‘‘(1) IN GENERAL.—A State or Indian tribe re-
ceiving a grant under this subpart for a fiscal year 
may continue to receive funding under this subpart 
for future fiscal years conditioned on the availability 
of budget authority and on meeting the require-
ments of the grant, as determined by the Secretary. 
‘‘(2) DISCONTINUATION.—The Secretary may 
discontinue funding of the Federal share of a grant 
under this subpart if the State or Indian tribe has 
violated the terms of the grant or is not making ade-
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889 
quate progress in implementing the reforms de-
scribed in the application submitted under section 
499C. 
‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made 
available under this subpart shall be used to supplement, 
and not supplant, other Federal, State, and local funds 
that would otherwise be expended to carry out activities 
under this section. 
‘‘SEC. 499F. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) CAREER
PATHWAY.—The term ‘career 
pathway’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
‘‘(2) COMMUNITY COLLEGE.—The term ‘com-
munity college’ means a public institution of higher 
education at which the highest degree that is pre-
dominantly awarded to students is an associate’s de-
gree, including 2-year tribally controlled colleges 
under section 316 and public 2-year State institu-
tions of higher education. 
‘‘(3) DUAL
OR
CONCURRENT
ENROLLMENT 
PROGRAM.—The term ‘dual or concurrent enrollment 
program’ has the meaning given the term in section 
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890 
8101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
‘‘(4) EARLY
COLLEGE
HIGH
SCHOOL.—The 
term ‘early college high school’ has the meaning 
given the term in section 8101 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 
7801). 
‘‘(5) ELIGIBLE STUDENT.— 
‘‘(A) DEFINITION.—The term ‘eligible stu-
dent’ means a student who— 
‘‘(i) attends the community college on 
not less than a half-time basis; 
‘‘(ii) 
is 
maintaining 
satisfactory 
progress (as defined in section 484(c)) in 
the student’s course of study; 
‘‘(iii) is enrolled in an eligible pro-
gram (as defined in section 481(b)); and 
‘‘(iv) either— 
‘‘(I) qualifies for in-State resi-
dent community college tuition, as de-
termined by the State or Indian tribe; 
or 
‘‘(II) would qualify for such in- 
State resident community college tui-
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tion, but for the immigration status of 
such student. 
‘‘(B) SPECIAL RULE.—An otherwise eligi-
ble student shall lose eligibility 3 calendar years 
after first receiving benefits under this subpart. 
‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a). 
‘‘(7) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101. 
‘‘(8) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘recognized postsecondary creden-
tial’ has the meaning as described in section 3 of the 
Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
‘‘(9) STATE.—The term ‘State’ has the mean-
ing given the term in section 103. 
‘‘SEC. 499G. APPROPRIATIONS. 
‘‘(a) AUTHORIZATION AND APPROPRIATIONS.—For 
the purpose of making grants under this subpart there are 
authorized to be appropriated, and there are appro-
priated— 
‘‘(1) $1,569,700,000 for fiscal year 2021; 
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892 
‘‘(2) $3,472,880,000 for fiscal year 2022; 
‘‘(3) $4,431,950,000 for fiscal year 2023; 
‘‘(4) $6,204,030,000 for fiscal year 2024; 
‘‘(5) $8,119,870,000 for fiscal year 2025; 
‘‘(6) $9,297,430,000 for fiscal year 2026; 
‘‘(7) $11,708,890,000 for fiscal year 2027; 
‘‘(8) $14,971,330,000 for fiscal year 2028; 
‘‘(9) $15,619,910,000 for fiscal year 2029; and 
‘‘(10) $16,296,080,000 for fiscal year 2030 and 
each succeeding fiscal year. 
‘‘(b) AVAILABILITY.—Funds appropriated under sub-
section (a) shall remain available to the Secretary until 
expended. 
‘‘(c) INSUFFICIENT FUNDS.—If the amount appro-
priated under subsection (a) for a fiscal year is not suffi-
cient to award each participating State and Indian tribe 
a grant under this subpart that is equal to the minimum 
amount of the Federal share described in section 499B, 
the Secretary may ratably reduce the amount of each such 
grant or take other actions necessary to ensure an equi-
table distribution of such amount.’’. 
SEC. 4802. STUDENT SUCCESS FUND. 
Part I of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.), as added by section 4801, 
is further amended by adding at the end the following: 
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‘‘Subpart 2—Student Success Fund 
‘‘SEC. 499H. IN GENERAL. 
‘‘From amounts appropriated under section 499N for 
any fiscal year, the Secretary shall carry out a grant pro-
gram (to be known as the Student Success Fund) to make 
grants to eligible entities to carry out the activities and 
services described in section 499L. 
‘‘SEC. 499I. ALLOCATION. 
‘‘(a) FEDERAL SHARE ALLOCATION.—The Federal 
share of a grant under this subpart shall be determined 
using the formula determined under section 499B(1). 
‘‘(b) MATCHING FUNDS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an eligible entity participating in the pro-
gram under this subpart shall provide, from non- 
Federal sources, in cash or in-kind— 
‘‘(A) in each of the first, second, third, and 
fourth year of participation in the program, an 
amount equal to 25 percent of the amount such 
entity received under subsection (a) with re-
spect to such year; 
‘‘(B) in each of the fifth and sixth year of 
participation in the program, an amount equal 
to 50 percent of the amount such entity re-
ceived under subsection (a) with respect to such 
year; 
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‘‘(C) in each of the seventh and eighth 
year of participation in the program, an amount 
equal to 75 percent of the amount such entity 
received under subsection (a) with respect to 
such year; and 
‘‘(D) in each ninth year and each subse-
quent year thereafter of participation in the 
program, an amount equal to 100 percent of 
the amount such entity received under sub-
section (a) with respect to such year. 
‘‘(2) 
EXCEPTION
FOR
CERTAIN
INDIAN 
TRIBES.—The Secretary may waive the matching 
fund requirements under paragraph (1) in the case 
of an eligible entity that is an Indian tribe if at least 
75 percent of the students at the institutions of 
higher education operated or controlled by such In-
dian tribe are low-income students. 
‘‘(3) REALLOTMENT.—If an eligible entity re-
turns to the Secretary any portion of the sums allo-
cated to such eligible entity under this section for 
any fiscal year, the Secretary shall reallot such ex-
cess as part of the available appropriated amount for 
the succeeding fiscal year. 
‘‘(c) SUPPLEMENT, NOT SUPPLANT.—Grant funds 
awarded under this subpart shall be used to supplement, 
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895 
and not supplant, other Federal, State, and local funds 
that would otherwise be expended to carry out activities 
assisted under this subpart. 
‘‘(d) LIMITATION.—An eligible entity may only par-
ticipate in the program under this subpart in a year in 
which such entity receives a grant under subpart 1. 
‘‘SEC. 499J. APPLICATIONS. 
‘‘(a) IN GENERAL.—To be eligible to participate in 
the program under this subpart, an eligible entity shall 
submit an application to the Secretary at such time, in 
such manner, and containing such information as the Sec-
retary may require, including— 
‘‘(1) a plan that includes— 
‘‘(A) the amount of funds requested by the 
eligible entity under this subpart and the in-
tended use of such funds; 
‘‘(B) how the eligibility entity will use the 
requested funds to implement the promising 
and evidence-based institutional reforms and in-
novative practices to improve student outcomes 
identified 
by 
such 
entity 
under 
section 
499C(b)(3), including annual implementation 
benchmarks that the entity will use to track 
progress in implementing such reforms and 
practices; 
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‘‘(C) how the eligible entity will meet its 
matching fund requirements under section 
499I(b); 
‘‘(D) if the eligible entity is a State, how 
such eligible entity will prioritize spending on 
the public institutions of higher education speci-
fied in paragraph (2)(B); and 
‘‘(E) the improvements the eligible entity 
anticipates in student outcomes, including im-
provements in transfer rates or completion 
rates, or both. 
‘‘(2) if the eligible entity is a State, an analysis 
that includes— 
‘‘(A) with respect to each public institution 
of higher education of the eligible entity— 
‘‘(i) the total per-student funding; 
‘‘(ii) the amount of per-student fund-
ing from State-appropriated funds; 
‘‘(iii) the student demographics (in-
cluding, data on race, income, disability 
status, and remediation); and 
‘‘(iv) transfer and completion rates, 
including such rates among low-income 
students, students of color, students with 
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disabilities, and students in need of reme-
diation; and 
‘‘(B) an analysis of whether, of the public 
institutions of higher education of the eligible 
entity, the public institutions of higher edu-
cation that received less funding on a per-stu-
dent basis described in clause (i) or (ii), or 
both, of subparagraph (A), are serving dis-
proportionately high shares of low-income stu-
dents, students of color, students with disabil-
ities, or students in need of remediation. 
‘‘(b) APPROVAL.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after receiving a plan under subsection (a), the Sec-
retary shall— 
‘‘(A) approve the plan; or 
‘‘(B) require revisions to such plan. 
‘‘(2) REVISIONS REQUIRED.—An eligible entity 
shall make such revisions as required by the Sec-
retary under paragraph (1)(B). 
‘‘(c) PUBLICATION.—The Secretary shall make each 
plan approved under subsection (b)(1)(A) and each plan 
revised under subsection (b)(2) available to the public on 
the website of the Department. 
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‘‘SEC. 499K. PROGRAM REQUIREMENTS. 
‘‘(a) GENERAL REQUIREMENTS.— 
‘‘(1) REPORT ON DEMONSTRATED PROGRESS.— 
For the third year in which an eligible entity partici-
pates in the program under this subpart, and every 
2 years thereafter, the eligible entity shall submit a 
report to the Secretary, in such manner and con-
taining such information as the Secretary may re-
quire, that includes— 
‘‘(A) the progress in meeting the annual 
implementation benchmarks included in the ap-
plication of such eligible entity under section 
499J(a)(1)(B); 
‘‘(B) the progress in improving the student 
outcomes identified by the entity under section 
499(J)(a)(1)(E); and 
‘‘(C) with respect to the 2 years after such 
report is submitted— 
‘‘(i) a plan for the use of funds under 
this subpart; and 
‘‘(ii) the amount of funds requested 
by the eligible entity under this subpart . 
‘‘(2) APPROVAL.—Not later than 180 days 
after receiving a plan under paragraph (1)(C)(i), the 
Secretary shall— 
‘‘(A) approve the plan; or 
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