H. R. 4137—286 
administrators with the skill and supports necessary to 
ensure the successful and smooth transition of students 
with disabilities from secondary school to postsecondary 
education. 
‘‘(C) SYNTHESIZING RESEARCH AND INFORMATION.—The 
synthesis of research and other information related to the 
provision of postsecondary educational services to students 
with disabilities, including data on the impact of a postsec-
ondary education on subsequent employment of students 
with disabilities. Such research, information, and data shall 
be made publicly available and accessible. 
‘‘(D) DISTANCE LEARNING.—The development of innova-
tive and effective teaching methods and strategies to pro-
vide postsecondary faculty, staff, and administrators with 
the ability to provide accessible distance education pro-
grams or classes that would enhance the access of students 
with disabilities to postsecondary education, including the 
use of accessible curricula and electronic communication 
for instruction and advising. 
‘‘(E) DISABILITY CAREER PATHWAYS.— 
‘‘(i) IN
GENERAL.—The provision of information, 
training, and technical assistance to secondary and 
postsecondary faculty, staff, and administrators with 
respect to disability-related fields that would enable 
such faculty, staff, and administrators to— 
‘‘(I) encourage interest and participation in 
such fields, among students with disabilities and 
other students; 
‘‘(II) enhance awareness and understanding of 
such fields among students with disabilities and 
other students; 
‘‘(III) provide educational opportunities in such 
fields for students with disabilities and other stu-
dents; 
‘‘(IV) teach practical skills related to such 
fields to students with disabilities and other stu-
dents; and 
‘‘(V) offer work-based opportunities in such 
fields to students with disabilities and other stu-
dents. 
‘‘(ii) DEVELOPMENT.—The training and support 
described in subclauses (I) through (V) of clause (i) 
may include offering students— 
‘‘(I) 
credit-bearing 
postsecondary-level 
coursework; and 
‘‘(II) career and educational counseling. 
‘‘(F) PROFESSIONAL DEVELOPMENT AND TRAINING SES-
SIONS.—The conduct of professional development and 
training sessions for postsecondary faculty, staff, and 
administrators from other institutions of higher education 
to enable such individuals to meet the educational needs 
of students with disabilities. 
‘‘(G) ACCESSIBILITY OF EDUCATION.—Making postsec-
ondary education more accessible to students with disabil-
ities through curriculum development, consistent with the 
principles of universal design for learning.
H. R. 4137—287 
‘‘(3) MANDATORY
EVALUATION
AND
DISSEMINATION.—An 
institution of higher education awarded a grant, contract, or 
cooperative agreement under this subpart shall evaluate and 
disseminate to other institutions of higher education, the 
information obtained through the activities described in sub-
paragraphs (A) through (G) of paragraph (2). 
‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants, 
contracts, or cooperative agreements under this subpart, the Sec-
retary shall consider the following: 
‘‘(1) GEOGRAPHIC
DISTRIBUTION.—Providing an equitable 
geographic distribution of such awards. 
‘‘(2) RURAL AND URBAN AREAS.—Distributing such awards 
to urban and rural areas. 
‘‘(3) RANGE AND TYPE OF INSTITUTION.—Ensuring that the 
activities to be assisted are developed for a range of types 
and sizes of institutions of higher education. 
‘‘(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—Dis-
tributing the awards to institutions of higher education with 
demonstrated prior experience in, or exceptional programs for, 
meeting the postsecondary educational needs of students with 
disabilities. 
‘‘(d) REPORTS.— 
‘‘(1) INITIAL REPORT.—Not later than one year after the 
date of enactment of the Higher Education Opportunity Act, 
the Secretary shall prepare and submit to the authorizing 
committees, and make available to the public, a report on 
all demonstration projects awarded grants under this part for 
any of fiscal years 1999 through 2008, including a review of 
the activities and program performance of such demonstration 
projects based on existing information as of the date of the 
report. 
‘‘(2) SUBSEQUENT REPORT.—Not later than three years after 
the date of the first award of a grant under this subpart 
after the date of enactment of the Higher Education Oppor-
tunity Act, the Secretary shall prepare and submit to the 
authorizing committees, and make available to the public, a 
report that— 
‘‘(A) reviews the activities and program performance 
of the demonstration projects authorized under this sub-
part; and 
‘‘(B) provides guidance and recommendations on how 
effective projects can be replicated. 
‘‘SEC. 763. APPLICATIONS. 
‘‘Each institution of higher education desiring to receive a grant, 
contract, or cooperative agreement under this subpart shall submit 
an application to the Secretary at such time, in such manner, 
and accompanied by such information as the Secretary may require. 
Each application shall include— 
‘‘(1) a description of the activities authorized under this 
subpart that the institution proposes to carry out, and how 
such institution plans to conduct such activities in order to 
further the purpose of this subpart; 
‘‘(2) a description of how the institution consulted with 
a broad range of people within the institution to develop activi-
ties for which assistance is sought;
H. R. 4137—288 
‘‘(3) a description of how the institution will coordinate 
and collaborate with the office that provides services to students 
with disabilities within the institution; and 
‘‘(4) a description of the extent to which the institution 
will work to replicate the research-based and best practices 
of institutions of higher education with demonstrated effective-
ness in serving students with disabilities. 
‘‘SEC. 764. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to impose any 
additional duty, obligation, or responsibility on an institution of 
higher education or on the institution’s faculty, administrators, 
or staff than is required under section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘SEC. 765. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘Subpart 2—Transition Programs for Students 
With Intellectual Disabilities Into Higher Edu-
cation 
‘‘SEC. 766. PURPOSE. 
‘‘It is the purpose of this subpart to support model demonstra-
tion programs that promote the successful transition of students 
with intellectual disabilities into higher education. 
‘‘SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSEC-
ONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
DISABILITIES. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 769(a), the Secretary shall annually award grants, on 
a competitive basis, to institutions of higher education (or con-
sortia of institutions of higher education), to enable the institu-
tions or consortia to create or expand high quality, inclusive 
model comprehensive transition and postsecondary programs 
for students with intellectual disabilities. 
‘‘(2) ADMINISTRATION.—The program under this section 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(3) DURATION
OF
GRANTS.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(b) APPLICATION.—An institution of higher education (or a 
consortium) desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(c) AWARD BASIS.—In awarding grants under this section, the 
Secretary shall— 
‘‘(1) provide for an equitable geographic distribution of such 
grants; 
‘‘(2) provide grant funds for model comprehensive transition 
and postsecondary programs for students with intellectual
H. R. 4137—289 
disabilities that will serve areas that are underserved by pro-
grams of this type; and 
‘‘(3) give preference to applications submitted under sub-
section (b) that agree to incorporate into the model comprehen-
sive transition and postsecondary program for students with 
intellectual disabilities carried out under the grant one or more 
of the following elements: 
‘‘(A) The formation of a partnership with any relevant 
agency serving students with intellectual disabilities, such 
as a vocational rehabilitation agency. 
‘‘(B) In the case of an institution of higher education 
that provides institutionally owned or operated housing 
for students attending the institution, the integration of 
students with intellectual disabilities into the housing 
offered to nondisabled students. 
‘‘(C) The involvement of students attending the institu-
tion of higher education who are studying special education, 
general education, vocational rehabilitation, assistive tech-
nology, or related fields in the model program. 
‘‘(d) USE OF FUNDS.—An institution of higher education (or 
consortium) receiving a grant under this section shall use the 
grant funds to establish a model comprehensive transition and 
postsecondary program for students with intellectual disabilities 
that— 
‘‘(1) serves students with intellectual disabilities; 
‘‘(2) provides individual supports and services for the aca-
demic and social inclusion of students with intellectual disabil-
ities in academic courses, extracurricular activities, and other 
aspects of the institution of higher education’s regular postsec-
ondary program; 
‘‘(3) with respect to the students with intellectual disabil-
ities participating in the model program, provides a focus on— 
‘‘(A) academic enrichment; 
‘‘(B) socialization; 
‘‘(C) independent living skills, including self-advocacy 
skills; and 
‘‘(D) integrated work experiences and career skills that 
lead to gainful employment; 
‘‘(4) integrates person-centered planning in the develop-
ment of the course of study for each student with an intellectual 
disability participating in the model program; 
‘‘(5) participates with the coordinating center established 
under section 777(b) in the evaluation of the model program; 
‘‘(6) partners with one or more local educational agencies 
to support students with intellectual disabilities participating 
in the model program who are still eligible for special education 
and related services under the Individuals with Disabilities 
Education Act, including the use of funds available under part 
B of such Act to support the participation of such students 
in the model program; 
‘‘(7) plans for the sustainability of the model program after 
the end of the grant period; and 
‘‘(8) creates and offers a meaningful credential for students 
with intellectual disabilities upon the completion of the model 
program. 
‘‘(e) MATCHING REQUIREMENT.—An institution of higher edu-
cation (or consortium) that receives a grant under this section
H. R. 4137—290 
shall provide matching funds toward the cost of the model com-
prehensive transition and postsecondary program for students with 
intellectual disabilities carried out under the grant. Such matching 
funds may be provided in cash or in-kind, and shall be in an 
amount of not less than 25 percent of the amount of such costs. 
‘‘(f) REPORT.—Not later than five years after the date of the 
first grant awarded under this section, the Secretary shall prepare 
and disseminate a report to the authorizing committees and to 
the public that— 
‘‘(1) reviews the activities of the model comprehensive 
transition and postsecondary programs for students with 
intellectual disabilities funded under this section; and 
‘‘(2) provides guidance and recommendations on how effec-
tive model programs can be replicated. 
‘‘SEC. 768. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to reduce or 
expand— 
‘‘(1) the obligation of a State or local educational agency 
to provide a free appropriate public education, as defined in 
section 602 of the Individuals with Disabilities Education Act; 
or 
‘‘(2) eligibility requirements under any Federal, State, or 
local disability law, including the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act 
of 1973 (29 U.S.C. 701 et seq.), or the Developmental Disabil-
ities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
15001 et seq.). 
‘‘SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this subpart such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘(b) RESERVATION OF FUNDS.—For any fiscal year for which 
appropriations are made for this subpart, the Secretary shall 
reserve funds to enter into a cooperative agreement to establish 
the coordinating center under section 777(b), in an amount that 
is— 
‘‘(1) not less than $240,000 for any year in which the 
amount appropriated to carry out this subpart is $8,000,000 
or less; or 
‘‘(2) equal to 3 percent of the amount appropriated to carry 
out this subpart for any year in which such amount appro-
priated is greater than $8,000,000. 
‘‘Subpart 3—Commission on Accessible Materials; 
Programs to Support Improved Access to Mate-
rials 
‘‘SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY. 
‘‘In this subpart, the term ‘student with a print disability’ 
means a student with a disability who experiences barriers to 
accessing instructional material in nonspecialized formats, including 
an individual described in section 121(d)(2) of title 17, United 
States Code.
H. R. 4137—291 
‘‘SEC. 772. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCES-
SIBLE INSTRUCTIONAL MATERIALS IN POSTSECONDARY 
EDUCATION FOR STUDENTS WITH DISABILITIES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a commis-
sion to be known as the Advisory Commission on Accessible 
Instructional Materials in Postsecondary Education for Stu-
dents with Disabilities (in this section referred to as the 
‘Commission’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) TOTAL NUMBER OF MEMBERS.—The Commission 
shall include not more than 19 members, who shall be 
appointed by the Secretary in accordance with in subpara-
graphs (B) and (C). 
‘‘(B) MEMBERS OF THE COMMISSION.—The Commission 
members shall include one representative from each of 
the following categories: 
‘‘(i) The Office of Postsecondary Education of the 
Department. 
‘‘(ii) The Office of Special Education and Rehabili-
tative Services of the Department. 
‘‘(iii) The Office for Civil Rights of the Department. 
‘‘(iv) The Library of Congress National Digital 
Information and Infrastructure Preservation Program 
Copyright Working Group. 
‘‘(v) The Association on Higher Education and Dis-
ability. 
‘‘(vi) The Association of American Publishers. 
‘‘(vii) The Association of American University 
Presses. 
‘‘(viii) The National Council on Disability. 
‘‘(ix) Recording for the Blind and Dyslexic. 
‘‘(x) National organizations representing individ-
uals with visual impairments. 
‘‘(xi) National organizations representing individ-
uals with learning disabilities. 
‘‘(C) ADDITIONAL MEMBERS OF THE COMMISSION.—The 
Commission members shall include two representatives 
from each of the following categories: 
‘‘(i) Staff from institutions of higher education with 
demonstrated experience teaching or supporting stu-
dents with print disabilities, including representatives 
from both two-year and four-year institutions of higher 
education of different sizes. 
‘‘(ii) Producers of accessible materials, publishing 
software, and supporting technologies in specialized 
formats, such as Braille, audio or synthesized speech, 
and digital media. 
‘‘(iii) 
Individuals 
with 
visual 
impairments, 
including not less than one currently enrolled postsec-
ondary student. 
‘‘(iv) Individuals with dyslexia or other learning 
disabilities related to reading, including not less than 
one currently enrolled postsecondary student. 
‘‘(D) TIMING.—The Secretary shall appoint the mem-
bers of the Commission not later than 60 days after the 
Commission is established under paragraph (1).
H. R. 4137—292 
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—The Commis-
sion shall select a chairperson and vice chairperson from among 
the members of the Commission. 
‘‘(4) MEETINGS.— 
‘‘(A) IN GENERAL.—The Commission shall meet at the 
call of the Chairperson. 
‘‘(B) FIRST
MEETING.—Not later than 60 days after 
the appointment of the members of the Commission under 
paragraph (2)(D), the Commission shall hold the Commis-
sion’s first meeting. 
‘‘(5) QUORUM.—A majority of the members of the Commis-
sion shall constitute a quorum, but a lesser number of members 
may hold hearings. 
‘‘(b) DUTIES OF THE COMMISSION.— 
‘‘(1) STUDY.— 
‘‘(A) IN GENERAL.—The Commission shall conduct a 
comprehensive study to— 
‘‘(i) assess the barriers and systemic issues that 
may affect, and technical solutions available that may 
improve, the timely delivery and quality of accessible 
instructional materials for postsecondary students with 
print disabilities, as well as the effective use of such 
materials by faculty and staff; and 
‘‘(ii) make recommendations related to the develop-
ment of a comprehensive approach to improve the 
opportunities for postsecondary students with print 
disabilities to access instructional materials in special-
ized formats in a timeframe comparable to the avail-
ability of instructional materials for postsecondary non-
disabled students. 
‘‘(B) EXISTING
INFORMATION.—To the extent prac-
ticable, in carrying out the study under this paragraph, 
the Commission shall identify and use existing research, 
recommendations, and information. 
‘‘(C) RECOMMENDATIONS.— 
‘‘(i) IN GENERAL.—The Commission shall develop 
recommendations— 
‘‘(I) to inform Federal regulations and legisla-
tion; 
‘‘(II) to support the model demonstration pro-
grams authorized under section 773; 
‘‘(III) to identify best practices in systems for 
collecting, maintaining, processing, and dissemi-
nating materials in specialized formats to students 
with print disabilities at costs comparable to 
instructional materials for postsecondary non-
disabled students; 
‘‘(IV) to improve the effective use of such mate-
rials by faculty and staff, while complying with 
applicable copyright law; and 
‘‘(V) to modify the definitions of instructional 
materials, authorized entities, and eligible stu-
dents, as such terms are used in applicable Federal 
law, for the purpose of improving services to stu-
dents with disabilities.
H. R. 4137—293 
‘‘(ii) CONSIDERATIONS.—In developing the rec-
ommendations under subparagraph (C), the Commis-
sion shall consider— 
‘‘(I) how students with print disabilities may 
obtain instructional materials in accessible for-
mats— 
‘‘(aa) within a timeframe comparable to 
the availability of instructional materials for 
nondisabled students; and 
‘‘(bb) to the maximum extent practicable, 
at costs comparable to the costs of such mate-
rials for nondisabled students; 
‘‘(II) the feasibility and technical parameters 
of establishing standardized electronic file formats, 
such as the National Instructional Materials Acces-
sibility Standard as defined in section 674(e)(3) 
of the Individuals with Disabilities Education Act, 
to be provided by publishers of instructional mate-
rials to producers of materials in specialized for-
mats, institutions of higher education, and eligible 
students; 
‘‘(III) the feasibility of establishing a national 
clearinghouse, repository, or file-sharing network 
for electronic files in specialized formats and files 
used in producing instructional materials in 
specialized formats, and a list of possible entities 
qualified to administer such clearinghouse, reposi-
tory, or network; 
‘‘(IV) the feasibility of establishing market- 
based solutions involving collaborations among 
publishers of instructional materials, producers of 
materials in specialized formats, and institutions 
of higher education; 
‘‘(V) solutions utilizing universal design; and 
‘‘(VI) solutions for low-incidence, high-cost 
requests for instructional materials in specialized 
formats. 
‘‘(2) REPORT.—Not later than one year after the Commis-
sion’s first meeting, the Commission shall submit a report 
to the Secretary and the authorizing committees detailing the 
findings and recommendations of the study conducted under 
paragraph (1). 
‘‘(3) DISSEMINATION OF INFORMATION.—In carrying out the 
study under paragraph (1), the Commission shall disseminate 
information concerning the issues that are the subject of the 
study through— 
‘‘(A) the National Technical Assistance Center estab-
lished under subpart 4; and 
‘‘(B) other means, as determined by the Commission. 
‘‘(c) TERMINATION OF THE COMMISSION.—The Commission shall 
terminate on the date that is 90 days after the date on which 
the Commission submits the report under subsection (b)(2) to the 
Secretary and the authorizing committees.
H. R. 4137—294 
‘‘SEC. 
773. 
MODEL 
DEMONSTRATION 
PROGRAMS 
TO 
SUPPORT 
IMPROVED ACCESS TO POSTSECONDARY INSTRUCTIONAL 
MATERIALS FOR STUDENTS WITH PRINT DISABILITIES. 
‘‘(a) PURPOSE.—It is the purpose of this section to support 
model demonstration programs for the purpose of encouraging the 
development of systems to improve the quality of postsecondary 
instructional materials in specialized formats and such materials’ 
timely delivery to postsecondary students with print disabilities, 
including systems to improve efficiency and reduce duplicative 
efforts across multiple institutions of higher education. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 
the term ‘eligible partnership’ means a partnership that— 
‘‘(1) shall include— 
‘‘(A) an institution of higher education with dem-
onstrated expertise in meeting the needs of students with 
print disabilities, including the retention of such students 
in, and such students’ completion of, postsecondary edu-
cation; and 
‘‘(B) a public or private entity, other than an institution 
of higher education, with— 
‘‘(i) demonstrated expertise in developing acces-
sible instructional materials in specialized formats for 
postsecondary students with print disabilities; and 
‘‘(ii) the technical development expertise necessary 
for the efficient dissemination of such materials, 
including procedures to protect against copyright 
infringement with respect to the creation, use, and 
distribution of instructional materials in specialized 
formats; and 
‘‘(2) may include representatives of the publishing industry. 
‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated under 
section 775, the Secretary shall award grants or contracts, on a 
competitive basis, to not less than one eligible partnership to enable 
the eligible partnership to support the activities described in sub-
section (f) and, as applicable, subsection (g). 
‘‘(d) APPLICATION.—An eligible partnership that desires a grant 
or contract under this section shall submit an application at such 
time, in such manner, and in such format as the Secretary may 
prescribe. The application shall include information on how the 
eligible partnership will implement activities under subsection (f) 
and, as applicable, subsection (g). 
‘‘(e) PRIORITY.—In awarding grants or contracts under this sec-
tion, the Secretary shall give priority to any applications that 
include the development and implementation of the procedures 
and approaches described in paragraphs (2) and (3) of subsection 
(g). 
‘‘(f) REQUIRED
ACTIVITIES.—An eligible partnership that 
receives a grant or contract under this section shall use the grant 
or contract funds to carry out the following: 
‘‘(1) Supporting the development and implementation of 
the following: 
‘‘(A) Processes and systems to help identify, and verify 
eligibility of, postsecondary students with print disabilities 
in need of instructional materials in specialized formats. 
‘‘(B) Procedures and systems to facilitate and simplify 
request methods for accessible instructional materials in 
specialized formats from eligible students described in
H. R. 4137—295 
subparagraph (A), which may include a single point-of- 
entry system. 
‘‘(C) Procedures and systems to coordinate among 
institutions of higher education, publishers of instructional 
materials, and entities that produce materials in special-
ized formats, to efficiently facilitate— 
‘‘(i) requests for such materials; 
‘‘(ii) the responses to such requests; and 
‘‘(iii) the delivery of such materials. 
‘‘(D) Delivery systems that will ensure the timely provi-
sion of instructional materials in specialized formats to 
eligible students, which may include electronic file distribu-
tion. 
‘‘(E) Systems to reduce duplicative conversions and 
improve sharing of the same instructional materials in 
specialized formats for multiple eligible students at mul-
tiple institutions of higher education. 
‘‘(F) Procedures to protect against copyright infringe-
ment with respect to the development, use, and distribution 
of instructional materials in specialized formats while 
maintaining accessibility for eligible students, which may 
include 
digital 
technologies 
such 
as 
watermarking, 
fingerprinting, and other emerging approaches. 
‘‘(G) Awareness, outreach, and training activities for 
faculty, staff, and students related to the acquisition and 
dissemination of instructional materials in specialized for-
mats and instructional materials utilizing universal design. 
‘‘(2) Providing recommendations on how effective proce-
dures and systems described in paragraph (1) may be dissemi-
nated and implemented on a national basis. 
‘‘(g) AUTHORIZED APPROACHES.—An eligible partnership that 
receives a grant or contract under this section may use the grant 
or contract funds to support the development and implementation 
of the following: 
‘‘(1) Approaches for the provision of instructional materials 
in specialized formats limited to instructional materials used 
in smaller categories of postsecondary courses, such as introduc-
tory, first-, and second-year courses. 
‘‘(2) Approaches supporting a unified search for instruc-
tional materials in specialized formats across multiple data-
bases or lists of available materials. 
‘‘(3) Market-based approaches for making instructional 
materials in specialized formats directly available to eligible 
students at prices comparable to standard instructional mate-
rials. 
‘‘(h) REPORT.—Not later than three years after the date of 
the first grant or contract awarded under this section, the Secretary 
shall submit to the authorizing committees a report that includes— 
‘‘(1) the number of grants and contracts and the amount 
of funds distributed under this section; 
‘‘(2) a summary of the purposes for which the grants and 
contracts were provided and an evaluation of the progress 
made under such grants and contracts; 
‘‘(3) a summary of the activities implemented under sub-
section (f) and, as applicable, subsection (g), including data 
on the number of postsecondary students with print disabilities
H. R. 4137—296 
served and the number of instructional material requests 
executed and delivered in specialized formats; and 
‘‘(4) an evaluation of the effectiveness of programs funded 
under this section. 
‘‘(i) MODEL EXPANSION.—The Secretary may, on the basis of 
the reports under subsection (h) and section 772(b)(2) and any 
evaluations of the projects funded under this section, expand the 
program under this section to additional grant or contract recipients 
that use other programmatic approaches and serve different 
geographic regions, if the Secretary finds that the models used 
under this section— 
‘‘(1) are effective in improving the timely delivery and 
quality of materials in specialized formats; and 
‘‘(2) 
provide 
adequate 
protections 
against 
copyright 
infringement. 
‘‘SEC. 774. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to limit or preempt 
any State law requiring the production or distribution of postsec-
ondary instructional materials in accessible formats to students 
with disabilities. 
‘‘SEC. 775. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart such sums as may be necessary for 
fiscal year 2009 and each of the five succeeding fiscal years. 
‘‘(b) PRIORITY.—For the first fiscal year for which funds are 
made available under this section, the Secretary shall give priority 
to allocating funding for the purposes of section 772. 
‘‘Subpart 4—National Technical Assistance 
Center; Coordinating Center 
‘‘SEC. 776. PURPOSE. 
‘‘It is the purpose of this subpart to provide technical assistance 
and information on best and promising practices to students with 
disabilities, the families of students with disabilities, and entities 
awarded grants, contracts, or cooperative agreements under subpart 
1, 2, or 3 to improve the postsecondary recruitment, transition, 
retention, and completion rates of students with disabilities. 
‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDI-
NATING CENTER. 
‘‘(a) NATIONAL CENTER.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 778, the Secretary shall award a grant to, or enter into 
a contract or cooperative agreement with, an eligible entity 
to provide for the establishment and support of a National 
Center for Information and Technical Support for Postsecondary 
Students with Disabilities (in this subsection referred to as 
the ‘National Center’). The National Center shall carry out 
the duties set forth in paragraph (4). 
‘‘(2) ADMINISTRATION.—The program under this section 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(3) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible 
entity’ means an institution of higher education, a nonprofit
H. R. 4137—297 
organization, or partnership of two or more such institutions 
or organizations, with demonstrated expertise in— 
‘‘(A) supporting students with disabilities in postsec-
ondary education; 
‘‘(B) technical knowledge necessary for the dissemina-
tion of information in accessible formats; 
‘‘(C) working with diverse types of institutions of higher 
education, including community colleges; and 
‘‘(D) the subjects supported by the grants, contracts, 
or cooperative agreements authorized in subparts 1, 2, 
and 3. 
‘‘(4) DUTIES.—The duties of the National Center shall 
include the following: 
‘‘(A) ASSISTANCE
TO
STUDENTS
AND
FAMILIES.—The 
National Center shall provide information and technical 
assistance to students with disabilities and the families 
of students with disabilities to support students across 
the broad spectrum of disabilities, including— 
‘‘(i) information to assist individuals with disabil-
ities who are prospective students of an institution 
of higher education in planning for postsecondary edu-
cation while the students are in secondary school; 
‘‘(ii) information and technical assistance provided 
to individualized education program teams (as defined 
in section 614(d)(1) of the Individuals with Disabilities 
Education Act) for secondary school students with 
disabilities, and to early outreach and student services 
programs, including programs authorized under sub-
parts 2, 4, and 5 of part A of title IV, to support 
students across a broad spectrum of disabilities with 
the successful transition to postsecondary education; 
‘‘(iii) research-based supports, services, and accom-
modations which are available in postsecondary set-
tings, including services provided by other agencies 
such as vocational rehabilitation; 
‘‘(iv) information on student mentoring and net-
working opportunities for students with disabilities; 
and 
‘‘(v) effective recruitment and transition programs 
at postsecondary educational institutions. 
‘‘(B) ASSISTANCE
TO
INSTITUTIONS
OF
HIGHER
EDU-
CATION.—The National Center shall provide information 
and technical assistance to faculty, staff, and administra-
tors of institutions of higher education to improve the serv-
ices provided to, the accommodations for, the retention 
rates of, and the completion rates of, students with disabil-
ities in higher education settings, which may include— 
‘‘(i) collection and dissemination of best and prom-
ising practices and materials for accommodating and 
supporting students with disabilities, including prac-
tices and materials supported by the grants, contracts, 
or cooperative agreements authorized under subparts 
1, 2, and 3; 
‘‘(ii) development and provision of training modules 
for higher education faculty on exemplary practices 
for accommodating and supporting postsecondary stu-
dents with disabilities across a range of academic
H. R. 4137—298 
fields, which may include universal design for learning 
and practices supported by the grants, contracts, or 
cooperative agreements authorized under subparts 1, 
2, and 3; and 
‘‘(iii) development of technology-based tutorials for 
higher education faculty and staff, including new fac-
ulty and graduate students, on best and promising 
practices related to support and retention of students 
with disabilities in postsecondary education. 
‘‘(C) INFORMATION COLLECTION AND DISSEMINATION.— 
The National Center shall be responsible for building, 
maintaining, and updating a database of disability support 
services information with respect to institutions of higher 
education, or for expanding and updating an existing data-
base of disabilities support services information with 
respect to institutions of higher education. Such database 
shall be available to the general public through a website 
built to high technical standards of accessibility practicable 
for the broad spectrum of individuals with disabilities. 
Such database and website shall include available informa-
tion on— 
‘‘(i) disability documentation requirements; 
‘‘(ii) support services available; 
‘‘(iii) links to financial aid; 
‘‘(iv) accommodations policies; 
‘‘(v) accessible instructional materials; 
‘‘(vi) other topics relevant to students with disabil-
ities; and 
‘‘(vii) the information in the report described in 
subparagraph (E). 
‘‘(D) DISABILITY
SUPPORT
SERVICES.—The National 
Center shall work with organizations and individuals with 
proven expertise related to disability support services for 
postsecondary students with disabilities to evaluate, 
improve, and disseminate information related to the 
delivery of high quality disability support services at 
institutions of higher education. 
‘‘(E) REVIEW AND REPORT.—Not later than three years 
after the establishment of the National Center, and every 
two years thereafter, the National Center shall prepare 
and disseminate a report to the Secretary and the author-
izing committees analyzing the condition of postsecondary 
success for students with disabilities. Such report shall 
include— 
‘‘(i) a review of the activities and the effectiveness 
of the programs authorized under this part; 
‘‘(ii) annual enrollment and graduation rates of 
students with disabilities in institutions of higher edu-
cation from publicly reported data; 
‘‘(iii) recommendations for effective postsecondary 
supports and services for students with disabilities, 
and how such supports and services may be widely 
implemented at institutions of higher education; 
‘‘(iv) recommendations on reducing barriers to full 
participation for students with disabilities in higher 
education; and
H. R. 4137—299 
‘‘(v) a description of strategies with a demonstrated 
record of effectiveness in improving the success of such 
students in postsecondary education. 
‘‘(F) STAFFING OF THE CENTER.—In hiring employees 
of the National Center, the National Center shall consider 
the expertise and experience of prospective employees in 
providing training and technical assistance to practitioners. 
‘‘(b) COORDINATING CENTER.— 
‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 
the term ‘eligible entity’ means an entity, or a partnership 
of entities, that has demonstrated expertise in the fields of— 
‘‘(A) higher education; 
‘‘(B) the education of students with intellectual disabil-
ities; 
‘‘(C) the development of comprehensive transition and 
postsecondary programs for students with intellectual 
disabilities; and 
‘‘(D) evaluation and technical assistance. 
‘‘(2) IN GENERAL.—From amounts appropriated under sec-
tion 778, the Secretary shall enter into a cooperative agreement, 
on a competitive basis, with an eligible entity for the purpose 
of establishing a coordinating center for institutions of higher 
education that offer inclusive comprehensive transition and 
postsecondary programs for students with intellectual disabil-
ities, including institutions participating in grants authorized 
under subpart 2, to provide— 
‘‘(A) recommendations related to the development of 
standards for such programs; 
‘‘(B) technical assistance for such programs; and 
‘‘(C) evaluations for such programs. 
‘‘(3) ADMINISTRATION.—The program under this subsection 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(4) DURATION.—The Secretary shall enter into a coopera-
tive agreement under this subsection for a period of five years. 
‘‘(5) REQUIREMENTS
OF
COOPERATIVE
AGREEMENT.—The 
eligible entity entering into a cooperative agreement under 
this subsection shall establish and maintain a coordinating 
center that shall— 
‘‘(A) serve as the technical assistance entity for all 
comprehensive transition and postsecondary programs for 
students with intellectual disabilities; 
‘‘(B) provide technical assistance regarding the develop-
ment, evaluation, and continuous improvement of such pro-
grams; 
‘‘(C) develop an evaluation protocol for such programs 
that includes qualitative and quantitative methodologies 
for measuring student outcomes and program strengths 
in the areas of academic enrichment, socialization, inde-
pendent living, and competitive or supported employment; 
‘‘(D) assist recipients of grants under subpart 2 in 
efforts to award a meaningful credential to students with 
intellectual disabilities upon the completion of such pro-
grams, which credential shall take into consideration 
unique State factors; 
‘‘(E) develop recommendations for the necessary compo-
nents of such programs, such as—
H. R. 4137—300 
‘‘(i) academic, vocational, social, and independent 
living skills; 
‘‘(ii) evaluation of student progress; 
‘‘(iii) program administration and evaluation; 
‘‘(iv) student eligibility; and 
‘‘(v) issues regarding the equivalency of a student’s 
participation in such programs to semester, trimester, 
quarter, credit, or clock hours at an institution of 
higher education, as the case may be; 
‘‘(F) analyze possible funding streams for such pro-
grams and provide recommendations regarding the funding 
streams; 
‘‘(G) develop model memoranda of agreement for use 
between or among institutions of higher education and 
State and local agencies providing funding for such pro-
grams; 
‘‘(H) develop mechanisms for regular communication, 
outreach and dissemination of information about com-
prehensive transition and postsecondary programs for stu-
dents with intellectual disabilities under subpart 2 between 
or among such programs and to families and prospective 
students; 
‘‘(I) host a meeting of all recipients of grants under 
subpart 2 not less often than once each year; and 
‘‘(J) convene a workgroup to develop and recommend 
model criteria, standards, and components of such pro-
grams as described in subparagraph (E), that are appro-
priate for the development of accreditation standards, 
which workgroup shall include— 
‘‘(i) an expert in higher education; 
‘‘(ii) an expert in special education; 
‘‘(iii) a disability organization that represents stu-
dents with intellectual disabilities; 
‘‘(iv) a representative from the National Advisory 
Committee on Institutional Quality and Integrity; and 
‘‘(v) a representative of a regional or national 
accreditation agency or association. 
‘‘(6) REPORT.—Not later than five years after the date of 
the establishment of the coordinating center under this sub-
section, the coordinating center shall report to the Secretary, 
the authorizing committees, and the National Advisory Com-
mittee on Institutional Quality and Integrity on the rec-
ommendations of the workgroup described in paragraph (5)(J). 
‘‘SEC. 778. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years.’’. 
SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 
Section 781 (as redesignated by section 709(1)) (20 U.S.C. 1141) 
is amended— 
(1) in subsection (a), by striking the second sentence and 
inserting the following: ‘‘In addition to the amount authorized 
and appropriated under the preceding sentence, there are 
authorized to be appropriated to carry out this section such 
sums as may be necessary for fiscal year 2009 and each of 
the five succeeding fiscal years.’’;
H. R. 4137—301 
(2) in subsection (b)(1), by inserting ‘‘, subject to the avail-
ability of appropriations,’’ after ‘‘the Secretary shall’’; and 
(3) in subsection (e), by inserting after ‘‘of this Act)’’ the 
following: ‘‘, or those nonprofit organizations that have agree-
ments with the Secretary under section 435(j)’’. 
TITLE VIII—ADDITIONAL PROGRAMS 
SEC. 801. ADDITIONAL PROGRAMS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
is further amended by adding at the end the following new title: 
‘‘TITLE VIII—ADDITIONAL PROGRAMS 
‘‘PART A—PROJECT GRAD 
‘‘SEC. 801. PROJECT GRAD. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to provide support and assistance to programs imple-
menting integrated education reform services in order to 
improve secondary school graduation, postsecondary program 
attendance, and postsecondary completion rates for low-income 
students; and 
‘‘(2) to promote the establishment of new programs to imple-
ment such integrated education reform services. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’ 
means a student who is determined by a local educational 
agency to be from a low-income family using the measures 
described in section 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965. 
‘‘(2) FEEDER PATTERN.—The term ‘feeder pattern’ means 
a secondary school and the elementary schools and middle 
schools that channel students into that secondary school. 
‘‘(c) CONTRACT AUTHORIZED.—From the amount appropriated 
to carry out this section, the Secretary is authorized to award 
a five-year contract to Project GRAD USA (referred to in this 
section as the ‘contractor’), a nonprofit education organization that 
has as its primary purpose the improvement of secondary school 
graduation and postsecondary attendance and completion rates for 
low-income students. Such contract shall be used to carry out the 
requirements of subsection (d) and to implement and sustain 
integrated education reform services through subcontractor activi-
ties described in subsection (e)(3) at existing Project GRAD program 
sites and to promote the expansion to new sites. 
‘‘(d) REQUIREMENTS OF CONTRACT.—The Secretary shall enter 
into an agreement with the contractor that requires that the con-
tractor shall— 
‘‘(1) enter into subcontracts with nonprofit educational 
organizations that serve a substantial number or percentage 
of low-income students (referred to in this subsection as ‘sub-
contractors’), under which the subcontractors agree to imple-
ment the Project GRAD programs described in subsection (e) 
and provide matching funds for such programs; 
‘‘(2) directly carry out—
H. R. 4137—302 
‘‘(A) activities to implement and sustain the literacy, 
mathematics, classroom management, social service, and 
postsecondary access programs further described in sub-
section (e)(3); 
‘‘(B) activities to build the organizational and manage-
ment capacity of the subcontractors to effectively imple-
ment and sustain the programs; 
‘‘(C) activities for the purpose of improving and 
expanding the programs, including activities— 
‘‘(i) to further articulate a program for one or more 
grade levels and across grade levels; 
‘‘(ii) to tailor a program for a particular target 
audience; and 
‘‘(iii) to provide tighter integration across pro-
grams; 
‘‘(D) activities for the purpose of implementing new 
Project GRAD program sites; 
‘‘(E) activities for the purpose of promoting greater 
public awareness of integrated education reform services 
to improve secondary school graduation and postsecondary 
attendance rates for low-income students; and 
‘‘(F) other activities directly related to improving sec-
ondary school graduation and postsecondary attendance 
and completion rates for low-income students; and 
‘‘(3) use contract funds available under this section to pay— 
‘‘(A) the amount determined under subsection (f); and 
‘‘(B) costs associated with carrying out the activities 
and providing the services, as provided in paragraph (2) 
of this subsection. 
‘‘(e) SUPPORTED PROGRAMS.— 
‘‘(1) DESIGNATION.—The subcontractor programs referred 
to in this subsection shall be known as Project GRAD programs. 
‘‘(2) FEEDER PATTERNS.—Each subcontractor shall imple-
ment a Project GRAD program and shall, with the agreement 
of the contractor— 
‘‘(A) identify or establish not less than one feeder pat-
tern of public schools; and 
‘‘(B) provide the integrated educational reform services 
described in paragraph (3) at each identified feeder pattern. 
‘‘(3) INTEGRATED EDUCATION REFORM SERVICES.—The serv-
ices provided through a Project GRAD program may include— 
‘‘(A) research-based programs in reading, mathematics, 
and classroom management; 
‘‘(B) campus-based social services programs, including 
a systematic approach to increase family and community 
involvement in the schools served by the Project GRAD 
program; 
‘‘(C) a postsecondary access program that includes— 
‘‘(i) providing postsecondary scholarships for stu-
dents who meet established criteria; 
‘‘(ii) proven approaches for increasing student and 
family postsecondary awareness; and 
‘‘(iii) assistance for students in applying for higher 
education financial aid; and 
‘‘(D) such other services identified by the contractor 
as necessary to increase secondary school graduation and 
postsecondary attendance and completion rates.
H. R. 4137—303 
‘‘(f) USE
OF FUNDS.—Of the funds made available to carry 
out this section, not more than five percent of such funds, or 
$4,000,000, whichever is less, shall be used by the contractor to 
pay for administration of the contract. 
‘‘(g) CONTRIBUTION AND MATCHING REQUIREMENT.— 
‘‘(1) IN
GENERAL.—The contractor shall provide to each 
subcontractor an average of $200 for each student served by 
the subcontractor in the Project GRAD program, adjusted to 
take into consideration— 
‘‘(A) the resources or funds available in the area where 
the subcontractor will implement the Project GRAD pro-
gram; and 
‘‘(B) the need for the Project GRAD program in such 
area to improve student outcomes, including reading and 
mathematics achievement, secondary school graduation, 
and postsecondary attendance and completion rates. 
‘‘(2) MATCHING
REQUIREMENT.—Each subcontractor shall 
provide funds for the Project GRAD program in an amount 
that is equal to the amount received by the subcontractor 
from the contractor. Such matching funds may be provided 
in cash or in kind, fairly evaluated. 
‘‘(3) WAIVER
AUTHORITY.—The contractor may waive, in 
whole or in part, the requirement of paragraph (2) for a subcon-
tractor, if the subcontractor— 
‘‘(A) demonstrates that the subcontractor would not 
otherwise be able to participate in the program; and 
‘‘(B) enters into an agreement with the contractor with 
respect to the amount to which the waiver will apply. 
‘‘(h) EVALUATION.— 
‘‘(1) EVALUATION BY THE SECRETARY.—The Secretary shall 
select an independent entity to evaluate, every three years, 
the performance of students who participate in a Project GRAD 
program under this section. The evaluation shall— 
‘‘(A) be conducted using a rigorous research design 
for determining the effectiveness of the Project GRAD pro-
grams funded under this section; and 
‘‘(B) compare reading and mathematics achievement, 
secondary school graduation, and postsecondary attendance 
and completion rates of students who participate in a 
Project GRAD program funded under this section with 
those indicators for students of similar backgrounds who 
do not participate in such program. 
‘‘(2) EVALUATION BY CONTRACTOR AND SUBCONTRACTORS.— 
The contractor shall require each subcontractor to prepare an 
in-depth report of the results and the use of funds of each 
Project GRAD program funded under this section that 
includes— 
‘‘(A) data on the reading and mathematics achievement 
of students involved in the Project GRAD program; 
‘‘(B) data on secondary school graduation and postsec-
ondary attendance and completion rates; and 
‘‘(C) such financial reporting as required by the Sec-
retary to review the effectiveness and efficiency of the 
program. 
‘‘(3) AVAILABILITY OF EVALUATIONS.—Copies of any evalua-
tion or report prepared under this subsection shall be made 
available to—
H. R. 4137—304 
‘‘(A) the Secretary; and 
‘‘(B) the authorizing committees. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART B—MATHEMATICS AND SCIENCE 
SCHOLARS PROGRAM 
‘‘SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award grants 
to States, on a competitive basis, to enable the States to encourage 
students to pursue a rigorous course of study, beginning in sec-
ondary school and continuing through the students’ postsecondary 
education, in science, technology, engineering, mathematics, or a 
health-related field. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—A State that desires a grant under this 
section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as 
the Secretary may require. A State may submit an application 
to receive a grant under subsection (c) or (d), or both. 
‘‘(2) CONTENTS
OF
APPLICATION.—Each application shall 
include a description of— 
‘‘(A) the program or programs for which the State 
is applying; 
‘‘(B) if applicable, the priority set by the Governor 
pursuant to subsection (c)(4) or (d)(3); and 
‘‘(C) how the State will meet the requirements of sub-
section (e). 
‘‘(c) MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.— 
‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 
grants under this subsection to provide scholarship support 
to eligible students. 
‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for a scholar-
ship under this subsection if the student— 
‘‘(A) meets the requirements of section 484(a); 
‘‘(B) is a full-time student in the student’s first year 
of undergraduate study; and 
‘‘(C) has completed a rigorous secondary school cur-
riculum in mathematics and science. 
‘‘(3) RIGOROUS
CURRICULUM.—Each participating State 
shall determine the requirements for a rigorous secondary 
school curriculum in mathematics and science described in 
paragraph (2)(C). 
‘‘(4) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 
may set a priority for awarding scholarships under this sub-
section for particular eligible students, such as students 
attending schools in high-need local educational agencies (as 
defined in section 200), students who are from groups underrep-
resented in the fields of mathematics, science, and engineering, 
students served by local educational agencies that do not meet 
or exceed State standards in mathematics and science, or other 
high-need students.
H. R. 4137—305 
‘‘(5) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec-
retary shall award a grant under this subsection to provide 
scholarships— 
‘‘(A) in an amount that does not exceed $5,000 per 
student; and 
‘‘(B) for not more than one year of undergraduate study. 
‘‘(d) STEM OR HEALTH-RELATED SCHOLARS PROGRAM.— 
‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 
grants under this subsection to provide scholarship support 
to eligible students. 
‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for scholar-
ship under this subsection if the student— 
‘‘(A) meets the requirements of section 484(a); 
‘‘(B) is a full-time student who has completed at least 
the first year of undergraduate study; 
‘‘(C) is enrolled in a program of undergraduate instruc-
tion leading to a bachelor’s degree with a major in science, 
technology, engineering, mathematics, or a health-related 
field; and 
‘‘(D) has obtained a cumulative grade point average 
of at least a 3.0 (or the equivalent as determined under 
regulation prescribed by the Secretary) at the end of the 
most recently completed term. 
‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 
may set a priority for awarding scholarships under this sub-
section for students agreeing to work in areas of science, tech-
nology, engineering, mathematics, or health-related fields. 
‘‘(4) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec-
retary shall award a grant under this subsection to provide 
scholarships— 
‘‘(A) in an amount that does not exceed $5,000 per 
student for an academic year; and 
‘‘(B) in an aggregate amount that does not exceed 
$20,000 per student. 
‘‘(e) MATCHING REQUIREMENT.—In order to receive a grant 
under this section, a State shall provide matching funds for the 
scholarships awarded under this section in an amount equal to 
50 percent of the Federal funds received. 
‘‘(f) AUTHORIZATION.—There are authorized to be appropriated 
to carry out this section such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years. 
‘‘(g) DEFINITION.—The term ‘Governor’ means the chief execu-
tive officer of a State. 
‘‘PART C—BUSINESS WORKFORCE PARTNER-
SHIPS FOR JOB SKILL TRAINING IN HIGH- 
GROWTH OCCUPATIONS OR INDUSTRIES 
‘‘SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL 
TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUS-
TRIES. 
‘‘(a) PURPOSE.—The purpose of this section is to provide grants 
to institutions of higher education partnering with employers to— 
‘‘(1) provide relevant job skill training in high-growth and 
high-wage industries or occupations to nontraditional students; 
and
H. R. 4137—306 
‘‘(2) strengthen ties between degree credit offerings at 
institutions of higher education and business and industry 
workforce needs. 
‘‘(b) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—From the amounts appropriated under 
subsection (k), the Secretary shall award grants, on a competi-
tive basis, to eligible partnerships for the purpose provided 
in subsection (a). 
‘‘(2) DURATION.—The Secretary shall award grants under 
this section for a period of not less than 36 months and not 
more than 60 months. 
‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not sup-
plant, other Federal, State, and local funds available to the 
eligible partnership for carrying out the activities described 
in subsection (c). 
‘‘(c) USE OF FUNDS.—In consultation with all of the members 
of an eligible partnership, grant funds provided under this section 
may be used to— 
‘‘(1) expand or create for-credit academic programs or pro-
grams of training that provide relevant job skill training for 
high-growth and high-wage occupations or industries, including 
offerings connected to registered apprenticeship programs and 
entrepreneurial training opportunities; 
‘‘(2) in consultation with faculty in the appropriate depart-
ments of an institution of higher education, adapt college 
offerings to the schedules and needs of working students, such 
as the creation of evening, weekend, modular, compressed, or 
distance learning formats; 
‘‘(3) purchase equipment that will facilitate the develop-
ment of academic programs or programs of training that provide 
training for high-growth and high-wage occupations or indus-
tries; 
‘‘(4) strengthen outreach efforts that enable students, 
including students with limited English proficiency, to attend 
institutions of higher education with academic programs or 
programs of training focused on high-growth and high-wage 
occupations or industries; 
‘‘(5) expand worksite learning and training opportunities, 
including registered apprenticeships as appropriate; and 
‘‘(6) support other activities the Secretary determines to 
be consistent with the purpose of this section. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible partnership that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied 
by such additional information as the Secretary may require. 
‘‘(2) CONTENTS.—Each application submitted under para-
graph (1) shall include a description of— 
‘‘(A) how the eligible partnership, through the institu-
tion of higher education, will provide relevant job skill 
training for students to enter high-growth and high-wage 
occupations or industries; and 
‘‘(B) how the eligible partnership has consulted with 
employers and, where applicable, labor organizations to 
identify local high-growth and high-wage occupations or 
industries.
H. R. 4137—307 
‘‘(e) AWARD BASIS.—In awarding grants under this section, the 
Secretary shall— 
‘‘(1) give priority to applications focused on serving non-
traditional students; 
‘‘(2) ensure an equitable distribution of grant funds under 
this section among urban and rural areas of the United States; 
and 
‘‘(3) take into consideration the capability of an institution 
of higher education that is participating in an eligible partner-
ship to— 
‘‘(A) offer one- or two-year high-quality programs of 
instruction and job skill training for students entering a 
high-growth and high-wage occupation or industry; 
‘‘(B) involve the local business community, and to place 
graduates in employment in high-growth and high-wage 
occupations or industries in the community; and 
‘‘(C) serve adult workers or displaced workers. 
‘‘(f) ADMINISTRATIVE COSTS.—A grantee under this section may 
use not more than five percent of the grant amount to pay adminis-
trative costs associated with activities funded by the grant. 
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to grantees under this section throughout the grant 
period. 
‘‘(h) EVALUATION.—The Secretary shall conduct an evaluation 
of the effectiveness of the program under this section based on 
performance standards developed in consultation with the Depart-
ment of Labor, and shall disseminate to the public the findings 
of such evaluation and information related to promising practices 
developed under this section. 
‘‘(i) REPORT TO CONGRESS.—Not later than 36 months after 
the first grant is awarded under this section, the Comptroller Gen-
eral shall report to the authorizing committees recommendations— 
‘‘(1) for changes to this Act and related Acts, such as 
the Carl D. Perkins Career and Technical Education Act of 
2006 and the Workforce Investment Act of 1998 (including 
titles I and II), to help create and sustain business and industry 
workforce partnerships at institutions of higher education; and 
‘‘(2) for other changes to this Act and related Acts to 
otherwise strengthen the links between business and industry 
workforce needs, workforce development programs, and other 
degree credit offerings at institutions of higher education. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PARTNERSHIP.— 
‘‘(A) IN
GENERAL.—The term ‘eligible partnership’ 
means a partnership that includes— 
‘‘(i) one or more institutions of higher education, 
one of which serves as the fiscal agent and grant 
recipient for the eligible partnership; 
‘‘(ii) except as provided in subparagraph (B), an 
employer, group of employers, local board (as such 
term is defined in section 101 of the Workforce Invest-
ment Act of 1998 (29 U.S.C. 2801)), or workforce inter-
mediary, or any combination thereof; and 
‘‘(iii) where applicable, one or more labor organiza-
tions that represent workers locally in the businesses 
or industries that are the focus of the partnership,
H. R. 4137—308 
including as a result of such an organization’s represen-
tation of employees at a worksite at which the partner-
ship proposes to conduct activities under this section. 
‘‘(B) STATE
AND
LOCAL
BOARDS.—Notwithstanding 
subparagraph (A), if an institution of higher education 
that is participating in an eligible partnership under this 
section is located in a State that does not operate local 
boards, an eligible partnership may include a State board 
(as such term is defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)). 
‘‘(C) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section shall be construed to prohibit an eligible partner-
ship that is in existence on the date of enactment of the 
Higher Education Opportunity Act from applying for a 
grant under this section. 
‘‘(2) NONTRADITIONAL STUDENT.—The term ‘nontraditional 
student’ means a student— 
‘‘(A) who is an independent student, as defined in 
section 480(d); 
‘‘(B) who attends an institution of higher education— 
‘‘(i) on less than a full-time basis; 
‘‘(ii) via evening, weekend, modular, or compressed 
courses; or 
‘‘(iii) via distance education methods; and 
‘‘(C) who— 
‘‘(i) enrolled for the first time in an institution 
of higher education three or more years after com-
pleting high school; or 
‘‘(ii) works full-time. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART D—CAPACITY FOR NURSING STUDENTS 
AND FACULTY 
‘‘SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY. 
‘‘(a) AUTHORIZATION.—From the amounts appropriated under 
subsection (f), the Secretary shall award grants to institutions of 
higher education that offer— 
‘‘(1) an accredited registered nursing program at the bacca-
laureate or associate degree level to enable such program to 
expand the faculty and facilities of such program to accommo-
date additional students in such program; or 
‘‘(2) an accredited graduate-level nursing program to 
accommodate advanced practice degrees for registered nurses 
or to accommodate students enrolled in such program to become 
teachers of nursing students. 
‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICA-
TION.—Each institution of higher education that offers a program 
described in subsection (a) that desires to receive a grant under 
this section shall— 
‘‘(1) determine, for the four academic years preceding the 
academic year for which the determination is made, the average 
number of matriculated nursing program students, in each 
of the institution’s accredited associate, baccalaureate, or
H. R. 4137—309 
advanced nursing degree programs at such institution for such 
academic years; 
‘‘(2) submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the 
Secretary may require, including the average number in each 
of the institution’s accredited nursing programs determined 
under paragraph (1); and 
‘‘(3) with respect to the partnerships described in subsection 
(c)(2)(B), provide assurances that— 
‘‘(A) the individuals enrolled in the program will— 
‘‘(i) be registered nurses in pursuit of a master’s 
or doctoral degree in nursing; and 
‘‘(ii) have a contractual obligation with the hospital 
or health facility that is in partnership with the institu-
tion of higher education; 
‘‘(B) the hospital or health facility of employment will 
be the clinical site for the accredited school of nursing 
program, if the program requires a clinical site; 
‘‘(C) individuals enrolled in the program will— 
‘‘(i) maintain their employment on at least a part- 
time basis with the hospital or health facility that 
allowed them to participate in the program; and 
‘‘(ii) receive an income from the hospital or health 
facility, as at least a part-time employee, and release 
times or flexible schedules, to accommodate their pro-
gram requirements, as necessary; and 
‘‘(D) upon completion of the program, recipients of 
scholarships described in subsection (c)(2)(B)(ii)(III) will 
be required to teach for two years in an accredited school 
of nursing for each year of support the individual received 
under this section. 
‘‘(c) GRANT AMOUNT; AWARD BASIS.— 
‘‘(1) GRANT AMOUNT.—For each academic year after aca-
demic year 2009–2010, the Secretary is authorized to provide 
to each institution of higher education awarded a grant under 
this section an amount that is equal to $3,000 multiplied by 
the number by which— 
‘‘(A) the number of matriculated nursing program stu-
dents at such institution for such academic year, exceeds 
‘‘(B) the average number determined with respect to 
such institution under subsection (b)(1). 
‘‘(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE 
PROGRAMS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (D), from 
the funds available to award grants under this section 
for each fiscal year, the Secretary shall— 
‘‘(i) use 20 percent of such funds to award grants 
under this section to institutions of higher education 
for the purpose of accommodating advanced practice 
degrees or students in accredited graduate-level 
nursing programs; 
‘‘(ii) use 40 percent of such funds to award grants 
under this section to institutions of higher education 
for the purpose of expanding accredited registered 
nurse programs at the baccalaureate degree level; and 
‘‘(iii) use 40 percent of such funds to award grants 
under this section to institutions of higher education
H. R. 4137—310 
for the purpose of expanding accredited registered 
nurse programs at the associate degree level. 
‘‘(B) OPTIONAL USES OF FUNDS.—Grants awarded under 
this section may be used to support partnerships with 
hospitals or health facilities to— 
‘‘(i) improve the alignment between nursing edu-
cation and the emerging challenges of health care 
delivery by— 
‘‘(I) the purchase of distance learning tech-
nologies and expanding methods of delivery of 
instruction to include alternatives to onsite 
learning; and 
‘‘(II) the collection, analysis, and dissemination 
of data on educational outcomes and best practices 
identified through the activities described in this 
section; and 
‘‘(ii) ensure that students can earn a salary while 
obtaining an advanced degree in nursing with the goal 
of becoming nurse faculty by— 
‘‘(I) funding release time for qualified nurses 
enrolled in the graduate nursing program; 
‘‘(II) providing for faculty salaries; or 
‘‘(III) 
providing 
scholarships 
to 
qualified 
nurses in pursuit of an advanced degree with the 
goal of becoming faculty members in an accredited 
nursing program. 
‘‘(C) 
CONSIDERATIONS
IN
MAKING
AWARDS.—In 
awarding grants under this section, the Secretary shall 
consider the following: 
‘‘(i) 
GEOGRAPHIC
DISTRIBUTION.—Providing 
an 
equitable geographic distribution of such grants. 
‘‘(ii) URBAN AND RURAL AREAS.—Distributing such 
grants to urban and rural areas. 
‘‘(iii) RANGE AND TYPE OF INSTITUTION.—Ensuring 
that the activities to be assisted are developed for 
a range of types and sizes of institutions of higher 
education, including institutions providing alternative 
methods of delivery of instruction in addition to on- 
site learning. 
‘‘(D) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal 
year, funds described in clause (i), (ii), or (iii) of subpara-
graph (A) remain available after the Secretary awards 
grants under this section to all applicants for the particular 
category of accredited nursing programs described in such 
clause, the Secretary shall use equal amounts of the 
remaining funds to award grants under this section to 
applicants that applied under the other categories of 
nursing programs. 
‘‘(E) LIMITATION.—Of the amount appropriated to carry 
out this section, the Secretary may award not more than 
ten percent of such amount for the optional purposes under 
subparagraph (B). 
‘‘(d) DEFINITION.—For purposes of this section: 
‘‘(1) HEALTH FACILITY.—The term ‘health facility’ means 
an Indian health service center, a Native Hawaiian health 
center, a hospital, a federally qualified health center, a rural 
health clinic, a nursing home, a home health agency, a hospice
H. R. 4137—311 
program, a public health clinic, a State or local department 
of public health, a skilled nursing facility, or an ambulatory 
surgical center. 
‘‘(2) ACCREDITED.—The terms ‘accredited school of nursing’ 
and ‘accredited nursing program’ have the meaning given those 
terms in section 801 of the Public Health Service Act (42 
U.S.C. 296). 
‘‘(e) PROHIBITION.— 
‘‘(1) IN GENERAL.—Funds provided under this section may 
not be used for the construction of new facilities. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to prohibit funds provided under this section 
from being used for the repair or renovation of facilities. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART E—AMERICAN HISTORY FOR FREEDOM 
‘‘SEC. 805. AMERICAN HISTORY FOR FREEDOM. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award three- 
year grants, on a competitive basis, to eligible institutions to estab-
lish or strengthen postsecondary academic programs or centers 
that promote and impart knowledge of— 
‘‘(1) traditional American history; 
‘‘(2) the history and nature of, and threats to, free institu-
tions; or 
‘‘(3) the history and achievements of Western civilization. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means an institution of higher education as defined in section 
101. 
‘‘(2) FREE INSTITUTION.—The term ‘free institution’ means 
an institution that emerged out of Western civilization, such 
as democracy, constitutional government, individual rights, 
market economics, religious freedom and religious tolerance, 
and freedom of thought and inquiry. 
‘‘(3) TRADITIONAL
AMERICAN
HISTORY.—The term ‘tradi-
tional American history’ means— 
‘‘(A) the significant constitutional, political, intellectual, 
economic, and foreign policy trends and issues that have 
shaped the course of American history; and 
‘‘(B) the key episodes, turning points, and leading fig-
ures involved in the constitutional, political, intellectual, 
diplomatic, and economic history of the United States. 
‘‘(c) APPLICATION.— 
‘‘(1) IN
GENERAL.—Each eligible institution that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may reasonably require. 
‘‘(2) CONTENTS.—Each application submitted under para-
graph (1) shall include a description of— 
‘‘(A) how funds made available under this section will 
be used for the activities set forth under subsection (e), 
including how such activities will increase knowledge with
H. R. 4137—312 
respect to traditional American history, free institutions, 
or Western civilization; 
‘‘(B) how the eligible institution will ensure that 
information about the activities funded under this section 
is widely disseminated pursuant to subsection (e)(1)(B); 
‘‘(C) any activities to be undertaken pursuant to sub-
section 
(e)(2)(A), 
including 
identification 
of 
entities 
intended to participate; 
‘‘(D) how funds made available under this section shall 
be used to supplement and not supplant non-Federal funds 
available for the activities described in subsection (e); and 
‘‘(E) such fiscal controls and accounting procedures as 
may be necessary to ensure proper disbursement of and 
accounting for funding made available to the eligible 
institution under this section. 
‘‘(d) AWARD BASIS.—In awarding grants under this section, 
the Secretary shall take into consideration the capability of the 
eligible institution to— 
‘‘(1) increase access to quality programming that expands 
knowledge of traditional American history, free institutions, 
or Western civilization; 
‘‘(2) involve personnel with strong expertise in traditional 
American history, free institutions, or Western civilization; and 
‘‘(3) sustain the activities funded under this section after 
the grant has expired. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) REQUIRED USE OF FUNDS.—Funds provided under this 
section shall be used to— 
‘‘(A) establish or strengthen academic programs or cen-
ters focused on traditional American history, free institu-
tions, or Western civilization, which may include— 
‘‘(i) design and implementation of programs of 
study, courses, lecture series, seminars, and symposia; 
‘‘(ii) development, publication, and dissemination 
of instructional materials; 
‘‘(iii) research; 
‘‘(iv) support for faculty teaching in undergraduate 
and, if applicable, graduate programs; 
‘‘(v) support for graduate and postgraduate fellow-
ships, if applicable; or 
‘‘(vi) teacher preparation initiatives that stress con-
tent mastery regarding traditional American history, 
free institutions, or Western civilization; and 
‘‘(B) conduct outreach activities to ensure that informa-
tion about the activities funded under this section is widely 
disseminated— 
‘‘(i) to undergraduate students (including students 
enrolled in teacher education programs, if applicable); 
‘‘(ii) to graduate students (including students 
enrolled in teacher education programs, if applicable); 
‘‘(iii) to faculty; 
‘‘(iv) to local educational agencies; and 
‘‘(v) within the local community. 
‘‘(2) ALLOWABLE USES OF FUNDS.—Funds provided under 
this section may be used to support— 
‘‘(A) collaboration with entities such as—
H. R. 4137—313 
‘‘(i) local educational agencies, for the purpose of 
providing elementary and secondary school teachers 
an opportunity to enhance their knowledge of tradi-
tional American history, free institutions, or Western 
civilization; and 
‘‘(ii) nonprofit organizations whose mission is con-
sistent with the purpose of this section, such as aca-
demic organizations, museums, and libraries, for 
assistance in carrying out activities described under 
subsection (a); and 
‘‘(B) other activities that meet the purposes of this 
section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2009 and each 
of the five succeeding fiscal years. 
‘‘PART F—TEACH FOR AMERICA 
‘‘SEC. 806. TEACH FOR AMERICA. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) GRANTEE.—The term ‘grantee’ means Teach For 
America, Inc. 
‘‘(2) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 
the meaning given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965 or section 602 of the 
Individuals with Disabilities Education Act. 
‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
‘high-need local educational agency’ has the meaning given 
such term in section 200. 
‘‘(b) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award a five- 
year grant to Teach For America, Inc., the national teacher corps 
of outstanding recent college graduates who commit to teach for 
two years in underserved communities in the United States, to 
implement and expand its program of recruiting, selecting, training, 
and supporting new teachers. 
‘‘(c) REQUIREMENTS.—In carrying out the grant program under 
subsection (b), the Secretary shall enter into an agreement with 
the grantee under which the grantee agrees to use the grant funds 
provided under this section to— 
‘‘(1) provide highly qualified teachers to high-need local 
educational agencies in urban and rural communities; 
‘‘(2) pay the costs of recruiting, selecting, training, and 
supporting new teachers; and 
‘‘(3) serve a substantial number and percentage of under-
served students. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.—Grant funds provided under this section 
shall be used by the grantee to carry out each of the following 
activities: 
‘‘(A) Recruiting and selecting teachers through a highly 
selective national process. 
‘‘(B) Providing preservice training to such teachers 
through a rigorous summer institute that includes hands- 
on teaching experience and significant exposure to edu-
cation coursework and theory.
H. R. 4137—314 
‘‘(C) Placing such teachers in schools and positions 
designated by high-need local educational agencies as high- 
need placements serving underserved students. 
‘‘(D) Providing ongoing professional development activi-
ties for such teachers’ first two years in the classroom, 
including regular classroom observations and feedback, and 
ongoing training and support. 
‘‘(2) LIMITATION.—The grantee shall use all grant funds 
received under this section to support activities related directly 
to the recruitment, selection, training, and support of teachers 
as described in subsection (b), except that funds may be used 
for non-programmatic costs in accordance with subsection (f)(2). 
‘‘(e) REPORTS AND EVALUATIONS.— 
‘‘(1) ANNUAL REPORT.—The grantee shall provide to the 
Secretary an annual report that includes— 
‘‘(A) data on the number and quality of the teachers 
provided to local educational agencies through a grant 
under this section; 
‘‘(B) an externally conducted analysis of the satisfaction 
of local educational agencies and principals with the 
teachers so provided; and 
‘‘(C) comprehensive data on the background of the 
teachers chosen, the training such teachers received, the 
placement sites of such teachers, the professional develop-
ment of such teachers, and the retention of such teachers. 
‘‘(2) STUDY.— 
‘‘(A) IN GENERAL.—From funds appropriated under sub-
section (f), the Secretary shall provide for a study that 
examines the achievement levels of the students taught 
by the teachers assisted under this section. 
‘‘(B) STUDENT
ACHIEVEMENT
GAINS
COMPARED.—The 
study shall compare, within the same schools, the achieve-
ment gains made by students taught by teachers who are 
assisted under this section with the achievement gains 
made by students taught by teachers who are not assisted 
under this section. 
‘‘(C) REQUIREMENTS.—The Secretary shall provide for 
such a study not less than once every three years, and 
each such study shall include multiple placement sites 
and multiple schools within placement sites. 
‘‘(D) PEER REVIEW STANDARDS.—Each such study shall 
meet the peer review standards of the education research 
community. Further, the peer review standards shall 
ensure that reviewers are practicing researchers and have 
expertise in assessment systems, accountability, psycho-
metric measurement and statistics, and instruction. 
‘‘(3) ACCOUNTING, FINANCIAL
REPORTING, AND
INTERNAL 
CONTROL SYSTEMS.— 
‘‘(A) IN GENERAL.—The grantee shall contract with an 
independent auditor to conduct a comprehensive review 
of the grantee’s accounting, financial reporting, and 
internal control systems. Such review shall assess whether 
that grantee’s accounting, financial reporting, and internal 
control systems are designed to— 
‘‘(i) provide information that is complete, accurate, 
and reliable;
H. R. 4137—315 
‘‘(ii) reasonably detect and prevent material 
misstatements, as well as fraud, waste, and abuse; 
and 
‘‘(iii) provide information to demonstrate the 
grantee’s compliance with related Federal programs, 
as applicable. 
‘‘(B) REVIEW REQUIREMENTS.—Not later than 90 days 
after the grantee receives funds to carry out this section 
for the first fiscal year in which funds become available 
to carry out this section after the date of enactment of 
the Higher Education Opportunity Act, the independent 
auditor shall complete the review required by this para-
graph. 
‘‘(C) REPORT.—Not later than 120 days after the 
grantee receives funds to carry out this section for the 
first fiscal year in which funds become available to carry 
out this section after the date of enactment of the Higher 
Education Opportunity Act, the independent auditor shall 
submit a report to the authorizing committees and the 
Secretary of the findings of the review required under 
this paragraph, including any recommendations of the inde-
pendent auditor, as appropriate, with respect to the 
grantee’s accounting, financial reporting, and internal con-
trol systems. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN
GENERAL.—The amount authorized to be appro-
priated to carry out this section shall not exceed— 
‘‘(A) $20,000,000 for fiscal year 2009; 
‘‘(B) $25,000,000 for fiscal year 2010; and 
‘‘(C) such sums as may be necessary for each of the 
four succeeding fiscal years. 
‘‘(2) LIMITATION.—The grantee shall not use more than 
5 percent of Federal funds made available under this section 
for non-programmatic costs to carry out this section. 
‘‘PART G—PATSY T. MINK FELLOWSHIP 
PROGRAM 
‘‘SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM. 
‘‘(a) PURPOSE; DESIGNATION.— 
‘‘(1) IN GENERAL.—It is the purpose of this section to pro-
vide, through eligible institutions, a program of fellowship 
awards to assist highly qualified minorities and women to 
acquire the doctoral degree, or highest possible degree available, 
in academic areas in which such individuals are underrep-
resented for the purpose of enabling such individuals to enter 
the higher education professoriate. 
‘‘(2) DESIGNATION.—Each recipient of a fellowship award 
from an eligible institution receiving a grant under this section 
shall be known as a ‘Patsy T. Mink Graduate Fellow’. 
‘‘(b) ELIGIBLE INSTITUTION.—In this section, the term ‘eligible 
institution’ means an institution of higher education, or a consor-
tium of such institutions, that offers a program of postbaccalaureate 
study leading to a graduate degree. 
‘‘(c) PROGRAM AUTHORIZED.— 
‘‘(1) GRANTS BY SECRETARY.—
H. R. 4137—316 
‘‘(A) IN
GENERAL.—From the amounts appropriated 
under subsection (f), the Secretary shall award grants to 
eligible institutions to enable such institutions to make 
fellowship awards to individuals in accordance with the 
provisions of this section. 
‘‘(B) PRIORITY
CONSIDERATION.—In awarding grants 
under this section, the Secretary shall consider the eligible 
institution’s prior experience in producing doctoral degree, 
or highest possible degree available, holders who are 
minorities and women, and shall give priority consideration 
in making grants under this section to those eligible institu-
tions with a demonstrated record of producing minorities 
and women who have earned such degrees. 
‘‘(2) APPLICATIONS.— 
‘‘(A) IN GENERAL.—An eligible institution that desires 
a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(B) APPLICATIONS MADE ON BEHALF.—The following 
entities may submit an application on behalf of an eligible 
institution: 
‘‘(i) A graduate school or department of such 
institution. 
‘‘(ii) A graduate school or department of such 
institution in collaboration with an undergraduate col-
lege or school of such institution. 
‘‘(iii) An organizational unit within such institution 
that offers a program of postbaccalaureate study 
leading to a graduate degree, including an interdiscipli-
nary or an interdepartmental program. 
‘‘(C) PARTNERSHIP.—In developing a grant application 
and carrying out the grant activities authorized under this 
section, an eligible institution may partner with a nonprofit 
organization with a demonstrated record of helping minori-
ties and women earn postbaccalaureate degrees. 
‘‘(3) SELECTION
OF
APPLICATIONS.—In awarding grants 
under paragraph (1), the Secretary shall— 
‘‘(A) take into account— 
‘‘(i) the number and distribution of minority and 
female faculty nationally; 
‘‘(ii) the current and projected need for highly 
trained individuals in all areas of the higher education 
professoriate; and 
‘‘(iii) the present and projected need for highly 
trained individuals in academic career fields in which 
minorities and women are underrepresented in the 
higher education professoriate; and 
‘‘(B) consider the need to prepare a large number of 
minorities and women generally in academic career fields 
of high national priority, especially in areas in which such 
individuals are traditionally underrepresented in college 
and university faculty. 
‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— 
‘‘(A) EQUITABLE
DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall, to the maximum 
extent feasible, ensure an equitable geographic distribution 
of awards and an equitable distribution among public and
H. R. 4137—317 
private eligible institutions that apply for grants under 
this section and that demonstrate an ability to achieve 
the purpose of this section. 
‘‘(B) SPECIAL
RULE.—To the maximum extent prac-
ticable, the Secretary shall use not less than 30 percent 
of the amount appropriated pursuant to subsection (f) to 
award grants to eligible institutions that are eligible for 
assistance under title III or title V, or to consortia of 
eligible institutions that include at least one eligible institu-
tion that is eligible for assistance under title III or title 
V. 
‘‘(C) ALLOCATION.—In awarding grants under this sec-
tion, the Secretary shall allocate appropriate funds to those 
eligible institutions whose applications indicate an ability 
to significantly increase the numbers of minorities and 
women entering the higher education professoriate and 
that commit institutional resources to the attainment of 
the purpose of this section. 
‘‘(D) NUMBER
OF
FELLOWSHIP
AWARDS.—An eligible 
institution that receives a grant under this section shall 
make not less than ten fellowship awards. 
‘‘(E) INSUFFICIENT FUNDS.—If the amount appropriated 
is not sufficient to permit all grantees under this section 
to provide the minimum number of fellowships required 
by subparagraph (D), the Secretary may, after awarding 
as many grants to support the minimum number of fellow-
ships as such amount appropriated permits, award grants 
that do not require the grantee to award the minimum 
number of fellowships required by such subparagraph. 
‘‘(5) INSTITUTIONAL ALLOWANCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NUMBER OF ALLOWANCES.—In awarding grants 
under this section, the Secretary shall pay to each 
eligible institution awarded a grant, for each individual 
awarded a fellowship by such institution under this 
section, an institutional allowance. 
‘‘(ii) AMOUNT.—Except as provided in subpara-
graph (C), for academic year 2009–2010 and succeeding 
academic years, an institutional allowance under this 
paragraph shall be in an amount equal to the amount 
of institutional allowance made to an institution of 
higher education under section 715 for such academic 
year. 
‘‘(B) USE OF FUNDS.—Institutional allowances may be 
expended at the discretion of the eligible institution and 
may be used to provide, except as prohibited under 
subparagraph (D), academic support and career transition 
services for individuals awarded fellowships by such 
institution. 
‘‘(C) REDUCTION.—The institutional allowance paid 
under subparagraph (A) shall be reduced by the amount 
the eligible institution charges and collects from a fellow-
ship recipient for tuition and other expenses as part of 
the recipient’s instructional program. 
‘‘(D) USE
FOR
OVERHEAD
PROHIBITED.—Funds made 
available under this section may not be used for general
H. R. 4137—318 
operational overhead of the academic department or 
institution receiving funds under this section. 
‘‘(d) FELLOWSHIP RECIPIENTS.— 
‘‘(1) AUTHORIZATION.—An eligible institution that receives 
a grant under this section shall use the grant funds to make 
fellowship awards to minorities and women who are enrolled 
at such institution in a doctoral degree program, or program 
for the highest possible degree available, and— 
‘‘(A) intend to pursue a career in instruction at— 
‘‘(i) an institution of higher education (as the term 
is defined in section 101); 
‘‘(ii) an institution of higher education (as the term 
is defined in section 102(a)(1)); and 
‘‘(iii) a proprietary institution of higher education 
(as the term is defined in section 102(b)); and 
‘‘(B) sign an agreement with the Secretary agreeing— 
‘‘(i) to begin employment at an institution 
described in subparagraph (A) not later than three 
years after receiving the doctoral degree or highest 
possible degree available, which three-year period may 
be extended by the Secretary for extraordinary cir-
cumstances; and 
‘‘(ii) to be employed by such institution for one 
year for each year of fellowship assistance received 
under this section. 
‘‘(2) REPAYMENT FOR FAILURE TO COMPLY.—In the event 
that any recipient of a fellowship under this section fails or 
refuses to comply with the agreement signed pursuant to para-
graph (1)(B), the sum of the amounts of any fellowship received 
by such recipient shall, upon a determination of such a failure 
or refusal to comply, be treated as a Federal Direct Unsub-
sidized Stafford Loan under part D of title IV, and shall be 
subject to repayment, together with interest thereon accruing 
from the date of the grant award, in accordance with terms 
and conditions specified by the Secretary in regulations under 
this section. 
‘‘(3) WAIVER AND MODIFICATION.— 
‘‘(A) REGULATIONS.—The Secretary shall promulgate 
regulations setting forth criteria to be considered in 
granting a waiver for the service requirement under para-
graph (1)(B). 
‘‘(B) CONTENT.—The criteria under subparagraph (A) 
shall include whether compliance with the service require-
ment by the fellowship recipient would be— 
‘‘(i) inequitable and represent an extraordinary 
hardship; or 
‘‘(ii) deemed impossible because the individual is 
permanently and totally disabled at the time of the 
waiver request. 
‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards 
under this section shall consist of a stipend in an amount 
equal to the level of support provided to fellows under the 
National Science Foundation Graduate Research Fellowship 
Program, except that such stipend shall be adjusted as nec-
essary so as not to exceed the fellow’s tuition and fees or 
demonstrated need (as determined by the institution of higher
H. R. 4137—319 
education where the graduate student is enrolled), whichever 
is greater. 
‘‘(5) ACADEMIC PROGRESS REQUIRED.—An individual student 
shall not be eligible to receive a fellowship award— 
‘‘(A) except during periods in which such student is 
enrolled, and such student is maintaining satisfactory aca-
demic progress in, and devoting essentially full time to, 
study or research in the pursuit of the degree for which 
the fellowship support was awarded; and 
‘‘(B) if the student is engaged in gainful employment, 
other than part-time employment in teaching, research, 
or similar activity determined by the eligible institution 
to be consistent with and supportive of the student’s 
progress toward the appropriate degree. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to require an eligible institution that receives a grant 
under this section— 
‘‘(1) to grant a preference to or to differentially treat any 
applicant for a faculty position as a result of the institution’s 
participation in the program under this section; or 
‘‘(2) to hire a Patsy T. Mink Fellow who completes this 
program and seeks employment at such institution. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART H—IMPROVING COLLEGE ENROLLMENT 
BY SECONDARY SCHOOLS 
‘‘SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 
SCHOOLS. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sub-
section (c), the Secretary shall award a grant to one nonprofit 
organization described in subsection (b) to enable the nonprofit 
organization— 
‘‘(1) to make publicly available the year-to-year postsec-
ondary education enrollment rate trends of secondary school 
students, disaggregated by secondary school, in compliance with 
the Family Education Rights and Privacy Act of 1974; 
‘‘(2) to identify not less than 50 urban local educational 
agencies and five States with significant rural populations, 
each serving a significant population of low-income students, 
and to carry out a comprehensive assessment in the agencies 
and States of the factors known to contribute to improved 
postsecondary education enrollment rates, which factors shall 
include— 
‘‘(A) the local educational agency’s and State’s leader-
ship strategies and capacities; 
‘‘(B) the secondary school curriculum and class 
offerings of the local educational agency and State; 
‘‘(C) the professional development used by the local 
educational agency and the State to assist teachers, guid-
ance counselors, and administrators in supporting the 
transition of secondary students to postsecondary edu-
cation;
H. R. 4137—320 
‘‘(D) secondary school student attendance and other 
factors demonstrated to be associated with enrollment into 
postsecondary education; 
‘‘(E) the use of data systems by the local educational 
agency and the State to measure postsecondary education 
enrollment rates and the incentives in place to motivate 
the efforts of faculty and students to improve student and 
schoolwide outcomes; and 
‘‘(F) strategies to mobilize student leaders to build 
a college-bound culture; and 
‘‘(3) to provide comprehensive services to improve the 
schoolwide postsecondary education enrollment rates of each 
of not less than ten local educational agencies and States, 
with the federally funded portion of each project declining by 
not less than 20 percent each year beginning in the second 
year of the comprehensive services, that— 
‘‘(A) participated in the needs assessment described 
in paragraph (2); and 
‘‘(B) demonstrated a willingness and commitment to 
improving the postsecondary education enrollment rates 
of the local educational agency or State, respectively. 
‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant 
awarded under subsection (a) shall be a nonprofit organization 
with demonstrated expertise— 
‘‘(1) in increasing schoolwide postsecondary enrollment 
rates in low-income communities nationwide by providing cur-
riculum, training, and technical assistance to secondary school 
staff and student peer influencers; and 
‘‘(2) in a postsecondary education transition data manage-
ment system. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART 
I—EARLY 
CHILDHOOD 
EDUCATION 
PROFESSIONAL 
DEVELOPMENT 
AND 
CA-
REER TASK FORCE 
‘‘SEC. 811. PURPOSE. 
‘‘The purposes of this part are— 
‘‘(1) to improve the quality of the early childhood education 
workforce by creating a statewide early childhood education 
professional development and career task force for early child-
hood education program staff, directors, administrators, and 
faculty; and 
‘‘(2) to create— 
‘‘(A) a coherent system of core competencies, pathways 
to qualifications, credentials, degrees, quality assurances, 
access, and outreach, for early childhood education program 
staff, directors, administrators, and faculty that is linked 
to compensation commensurate with experience and quali-
fications; 
‘‘(B) articulation agreements that enable early child-
hood education professionals to transition easily among 
degrees; and
H. R. 4137—321 
‘‘(C) compensation initiatives for individuals working 
in an early childhood education program that reflect the 
individuals’ credentials, degrees, and experience. 
‘‘SEC. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 
‘‘In this part, the term ‘early childhood education program’ 
means— 
‘‘(1) a Head Start program or an Early Head Start program 
carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 
including a migrant or seasonal Head Start program or an 
Indian Head Start program; 
‘‘(2) a State licensed or regulated child care program; or 
‘‘(3) a State prekindergarten program or a program author-
ized under section 619 or part C of the Individuals with Disabil-
ities Education Act, that serves children from birth through 
age six and that addresses the children’s cognitive (including 
language, early literacy, and pre-numeracy), social, emotional, 
and physical development. 
‘‘SEC. 813. GRANTS AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sec-
tion 818, the Secretary is authorized to award grants to States 
in accordance with the provisions of this part to enable such 
States— 
‘‘(1) to establish a State Task Force described in section 
814; and 
‘‘(2) to support activities of the State Task Force described 
in section 815. 
‘‘(b) COMPETITIVE BASIS.—Grants under this part shall be 
awarded on a competitive basis. 
‘‘(c) EQUITABLE
GEOGRAPHIC
DISTRIBUTION.—In awarding 
grants under this part, the Secretary shall take into consideration 
providing an equitable geographic distribution of such grants. 
‘‘(d) DURATION.—Grants under this part shall be awarded for 
a period of five years. 
‘‘SEC. 814. STATE TASK FORCE ESTABLISHMENT. 
‘‘(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State 
receiving a grant under this part shall establish, or designate 
an existing entity to serve as, the State Early Childhood Education 
Professional Development and Career Task Force (hereafter in this 
part referred to as the ‘State Task Force’). 
‘‘(b) MEMBERSHIP.—The State Task Force shall include a rep-
resentative of a State agency, an institution of higher education 
(including an associate or a baccalaureate degree granting institu-
tion of higher education), an early childhood education program, 
a nonprofit early childhood organization, a statewide early childhood 
workforce scholarship or supplemental initiative, the State Head 
Start collaboration director, and any other entity or individual 
the Governor determines appropriate. 
‘‘SEC. 815. STATE TASK FORCE ACTIVITIES. 
‘‘(a) ACTIVITIES.—The State Task Force shall— 
‘‘(1) coordinate and communicate regularly with the State 
Advisory Council on Early Care and Education (hereafter in 
this part referred to as ‘State Advisory Council’) or a similar 
State entity charged with creating a comprehensive system
H. R. 4137—322 
of early care and education in the State, for the purposes 
of— 
‘‘(A) integrating recommendations for early childhood 
professional development and career activities into the 
plans of the State Advisory Council; and 
‘‘(B) assisting in the implementation of professional 
development and career activities that are consistent with 
the plans described in subparagraph (A); 
‘‘(2) conduct a review of opportunities for and barriers 
to high-quality professional development, training, and higher 
education degree programs, in early childhood development 
and learning, including a periodic statewide survey concerning 
the demographics of individuals working in early childhood 
education programs in the State, which survey shall include 
information disaggregated by— 
‘‘(A) race, gender, and ethnicity; 
‘‘(B) compensation levels; 
‘‘(C) type of early childhood education program setting; 
‘‘(D) specialized knowledge of child development; 
‘‘(E) years of experience in an early childhood education 
program; 
‘‘(F) attainment of— 
‘‘(i) academic credit for coursework; 
‘‘(ii) an academic degree; 
‘‘(iii) a credential; 
‘‘(iv) licensure; or 
‘‘(v) certification in early childhood education; and 
‘‘(G) specialized knowledge in the education of children 
with limited English proficiency and students with disabil-
ities; and 
‘‘(3) develop a plan for a comprehensive statewide profes-
sional development and career system for individuals working 
in early childhood education programs or for early childhood 
education providers, which plan may include— 
‘‘(A) methods of providing outreach to early childhood 
education program staff, directors, and administrators, 
including methods for how outreach is provided to non- 
English speaking providers, in order to enable the providers 
to be aware of opportunities and resources under the state-
wide plan; 
‘‘(B) developing a unified data collection and dissemina-
tion system for early childhood education training, profes-
sional development, and higher education programs; 
‘‘(C) increasing the participation of early childhood edu-
cators in high-quality training and professional develop-
ment by assisting in paying the costs of enrollment in 
and completion of such training and professional develop-
ment courses; 
‘‘(D) increasing the participation of early childhood edu-
cators in undergraduate and graduate education programs 
leading to degrees in early childhood education by providing 
assistance to pay the costs of enrollment in and completion 
of such programs, which assistance— 
‘‘(i) shall only be provided to an individual who— 
‘‘(I) in the case of an individual pursuing an 
undergraduate or graduate degree, enters into an 
agreement under which the individual agrees to
H. R. 4137—323 
work, for a reasonable number of years after 
receiving such a degree, in an early childhood edu-
cation program that is located in a low-income 
area; and 
‘‘(II) has a family income equal to or less than 
the annually adjusted national median family 
income as determined by the Bureau of the Census; 
and 
‘‘(ii) shall be provided in an amount that does 
not exceed $17,500; 
‘‘(E) supporting professional development activities and 
a career lattice for a variety of early childhood professional 
roles with varying professional qualifications and respon-
sibilities for early childhood education personnel, including 
strategies to enhance the compensation of such personnel; 
‘‘(F) supporting articulation agreements between two- 
and four-year public and private institutions of higher edu-
cation and mechanisms to transform other training, profes-
sional development, and experience into academic credit; 
‘‘(G) developing mentoring and coaching programs to 
support new educators in and directors of early childhood 
education programs; 
‘‘(H) providing career development advising with 
respect to the field of early childhood education, including 
informing an individual regarding— 
‘‘(i) entry into and continuing education require-
ments for professional roles in the field; 
‘‘(ii) available financial assistance for postsec-
ondary education; and 
‘‘(iii) professional development and career advance-
ment in the field; 
‘‘(I) enhancing the capacity and quality of faculty and 
coursework in postsecondary programs that lead to an asso-
ciate, baccalaureate, or graduate degree in early childhood 
education; 
‘‘(J) consideration of the availability of on-line graduate 
level professional development offered by institutions of 
higher education with experience and demonstrated exper-
tise in establishing programs in child development, in order 
to improve the skills and expertise of individuals working 
in early childhood education programs; and 
‘‘(K) developing or enhancing a system of quality assur-
ance with respect to the early childhood education profes-
sional development and career system, including standards 
or qualifications for individuals and entities who offer 
training and professional development in early childhood 
education. 
‘‘(b) PUBLIC HEARINGS.—The State Task Force shall hold public 
hearings and provide an opportunity for public comment on the 
activities described in the statewide plan described in subsection 
(a)(3). 
‘‘(c) PERIODIC REVIEW.—The State Task Force shall meet 
periodically to review implementation of the statewide plan and 
to recommend any changes to the statewide plan the State Task 
Force determines necessary.
H. R. 4137—324 
‘‘SEC. 816. STATE APPLICATION AND REPORT. 
‘‘(a) IN GENERAL.—Each State desiring a grant under this part 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information as the Secretary 
may reasonably require. Each such application shall include a 
description of— 
‘‘(1) the membership of the State Task Force; 
‘‘(2) the activities for which the grant assistance will be 
used; 
‘‘(3) other Federal, State, local, and private resources that 
will be available to support the activities of the State Task 
Force described in section 815; 
‘‘(4) the availability within the State of training, early 
childhood educator preparation, professional development, com-
pensation initiatives, and career systems, related to early child-
hood education; and 
‘‘(5) the resources available within the State for such 
training, educator preparation, professional development, com-
pensation initiatives, and career systems. 
‘‘(b) REPORT TO THE SECRETARY.—Not later than two years 
after receiving a grant under this part, a State shall submit a 
report to the Secretary that shall describe— 
‘‘(1) other Federal, State, local, and private resources that 
will be used in combination with a grant under this section 
to develop or expand the State’s early childhood education 
professional development and career activities; 
‘‘(2) the ways in which the State Advisory Council (or 
similar State entity) will coordinate the various State and local 
activities that support the early childhood education profes-
sional development and career system; and 
‘‘(3) the ways in which the State Task Force will use 
funds provided under this part and carry out the activities 
described in section 815. 
‘‘SEC. 817. EVALUATIONS. 
‘‘(a) STATE EVALUATION.—Each State receiving a grant under 
this part shall— 
‘‘(1) evaluate the activities that are assisted under this 
part in order to determine— 
‘‘(A) the effectiveness of the activities in achieving State 
goals; 
‘‘(B) the impact of a career lattice for individuals 
working in early childhood education programs; 
‘‘(C) the impact of the activities on licensing or regu-
lating requirements for individuals in the field of early 
childhood development; 
‘‘(D) the impact of the activities, and the impact of 
the statewide plan described in section 815(a)(3), on the 
quality of education, professional development, and training 
related to early childhood education programs that are 
offered in the State; 
‘‘(E) the change in compensation and retention of 
individuals working in early childhood education programs 
within the State resulting from the activities; and 
‘‘(F) the impact of the activities on the demographic 
characteristics of individuals working in early childhood 
education programs; and
H. R. 4137—325 
‘‘(2) submit a report at the end of the grant period to 
the Secretary regarding the evaluation described in paragraph 
(1). 
‘‘(b) SECRETARY’S EVALUATION.—Not later than September 30, 
2013, the Secretary, in consultation with the Secretary of Health 
and Human Services, shall prepare and submit to the authorizing 
committees an evaluation of the State reports submitted under 
subsection (a)(2). 
‘‘SEC. 818. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘PART J—IMPROVING SCIENCE, TECHNOLOGY, 
ENGINEERING, 
AND 
MATHEMATICS 
EDU-
CATION WITH A FOCUS ON ALASKA NATIVE 
AND NATIVE HAWAIIAN STUDENTS 
‘‘SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA 
NATIVE AND NATIVE HAWAIIAN STUDENTS. 
‘‘(a) PURPOSE.—The purposes of this section are— 
‘‘(1) to develop or expand programs for the development 
of professionals in the fields of science, technology, engineering, 
and mathematics; and 
‘‘(2) to focus resources on meeting the educational and 
cultural needs of Alaska Natives and Native Hawaiians. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the 
meaning given such term in section 7306 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ 
means a partnership that includes— 
‘‘(A) one or more colleges, schools, or departments of 
engineering; 
‘‘(B) one or more colleges of science or mathematics; 
‘‘(C) one or more institutions of higher education that 
offer two-year degrees; and 
‘‘(D) one or more private entities that— 
‘‘(i) conduct career awareness activities showcasing 
local technology professionals; 
‘‘(ii) encourage students to pursue education in 
science, technology, engineering, and mathematics 
from elementary school through postsecondary edu-
cation, and careers in those fields, with the assistance 
of local technology professionals; 
‘‘(iii) develop internships, apprenticeships, and 
mentoring programs in partnership with relevant 
industries; and 
‘‘(iv) assist with placement of interns and appren-
tices. 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given such term 
in section 101(a)
H. R. 4137—326 
‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has 
the meaning given the term in section 7207 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(c) GRANT AUTHORIZED.—From the amounts appropriated to 
carry out this section under subsection (i), the Secretary is author-
ized to award a grant to an eligible partnership to enable the 
eligible partnership to expand programs for the development of 
science, technology, engineering, or mathematics professionals, from 
elementary school through postsecondary education, including 
existing programs for Alaska Native and Native Hawaiian students. 
‘‘(d) USES OF FUNDS.—Grant funds under this section shall 
be used for one or more of the following: 
‘‘(1) Development or implementation of cultural, social, or 
educational transition programs to assist students to transition 
into college life and academics in order to increase such stu-
dents’ retention rates in the fields of science, technology, 
engineering, or mathematics, with a focus on Alaska Native 
or Native Hawaiian students. 
‘‘(2) Development or implementation of academic support 
or supplemental educational programs to increase the gradua-
tion rates of students in the fields of science, technology, 
engineering, or mathematics, with a focus on Alaska Native 
and Native Hawaiian students. 
‘‘(3) Development or implementation of internship pro-
grams, carried out in coordination with educational institutions 
and private entities, to prepare students for careers in the 
fields of science, technology, engineering, or mathematics, with 
a focus on programs that serve Alaska Native or Native 
Hawaiian students. 
‘‘(4) Such other activities as are consistent with the purpose 
of this section. 
‘‘(e) APPLICATION.—Each eligible partnership that desires a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. 
‘‘(f) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an eligible partnership that, on the 
day before the date of enactment of the Higher Education Oppor-
tunity Act, provides one or more programs in which 30 percent 
or more of the program participants are Alaska Native or Native 
Hawaiian. 
‘‘(g) PERIOD OF GRANT.—A grant under this section shall be 
awarded for a period of five years. 
‘‘(h) EVALUATION AND REPORT.—Each eligible partnership that 
receives a grant under this section shall conduct an evaluation 
to determine the effectiveness of the programs funded under the 
grant and shall provide a report regarding the evaluation to the 
Secretary not later than six months after the end of the grant 
period. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years.
H. R. 4137—327 
‘‘PART K—PILOT PROGRAMS TO INCREASE 
COLLEGE PERSISTENCE AND SUCCESS 
‘‘SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE 
AND SUCCESS. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (i), the Secretary is authorized to award grants 
in accordance with this section, on a competitive basis, to eligible 
institutions to enable the institutions to develop programs to 
increase the persistence and success of low-income college students. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—An eligible institution seeking a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. An eligible institution may 
submit an application to receive a grant under subsection (c) 
or (d) or both. 
‘‘(2) EVALUATION
CONDITION.—Each eligible institution 
seeking a grant under this section shall agree to participate 
in the evaluation described in subsection (f). 
‘‘(3) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLI-
CIES
AND
PRACTICES.—In awarding grants for the program 
under subsection (d), the Secretary shall give priority to applica-
tions submitted by eligible institutions that propose to replicate 
policies and practices that have proven effective in increasing 
persistence and degree completion by low-income students or 
students in need of developmental education. 
‘‘(c) PILOT PROGRAM TO INCREASE PERSISTENCE AND SUCCESS 
IN COMMUNITY COLLEGES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE INSTITUTION.—The term ‘eligible institu-
tion’ means an institution of higher education, as defined 
in section 101, that provides a one- or two-year program 
of study leading to a degree or certificate. 
‘‘(B) ELIGIBLE
STUDENT.—The term ‘eligible student’ 
means a student who— 
‘‘(i) is eligible to receive assistance under section 
401; 
‘‘(ii) is enrolled at least half-time; 
‘‘(iii) is not younger than age 19; 
‘‘(iv) is the parent of at least one dependent child, 
which dependent child is age 18 or younger; 
‘‘(v) has a secondary school diploma or its recog-
nized equivalent; and 
‘‘(vi) does not have a degree or certificate from 
an institution of higher education. 
‘‘(2) USES OF FUNDS.— 
‘‘(A) SUPPORT.—The Secretary shall award grants 
under this subsection to eligible institutions to enable such 
institutions to provide additional monetary and nonmone-
tary support to eligible students to enable the eligible stu-
dents to maintain enrollment and complete degree or cer-
tificate programs. 
‘‘(B) 
REQUIRED
USES.—Each 
eligible 
institution 
receiving a grant under this subsection shall use the grant 
funds—
H. R. 4137—328 
‘‘(i) to provide scholarships in accordance with 
paragraph (3); and 
‘‘(ii) to provide counseling services in accordance 
with paragraph (4) . 
‘‘(C) ALLOWABLE USES OF FUNDS.—Grant funds pro-
vided under this subsection may be used— 
‘‘(i) to conduct outreach to make students aware 
of the scholarships and counseling services available 
under this subsection and to encourage the students 
to participate in the program assisted under this sub-
section; and 
‘‘(ii) to provide incentives of $20 or less to 
applicants who complete the process of applying for 
assistance under this subsection, as compensation for 
the student’s time. 
‘‘(3) SCHOLARSHIP REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Each scholarship awarded under 
this subsection shall— 
‘‘(i) be awarded for one academic year consisting 
of two semesters or the equivalent; 
‘‘(ii) require the student to maintain, during the 
scholarship period, at least half-time enrollment and 
at least a 2.0 grade point average or the equivalent; 
‘‘(iii) be awarded in the amount of $1,000 for each 
of two semesters (prorated for quarters or other equiva-
lents), or $2,000 for an academic year; 
‘‘(iv) not exceed the student’s cost of attendance, 
as defined in section 472; and 
‘‘(v) be paid, for each of the two semesters, in 
increments of— 
‘‘(I) $250 upon enrollment (prorated for quar-
ters or other equivalents); 
‘‘(II) $250 upon passing midterm examinations 
or comparable assessments (prorated for quarters 
or other equivalents); and 
‘‘(III) $500 upon passing courses (prorated for 
quarters or other equivalents). 
‘‘(B) NUMBER.—An eligible institution may award an 
eligible student not more than two scholarships under this 
subsection. 
‘‘(4) COUNSELING SERVICES.— 
‘‘(A) IN GENERAL.—Each eligible institution receiving 
a grant under this subsection shall use the grant funds 
to provide students at the institution with a counseling 
staff dedicated to students participating in the program 
under this subsection. Each such counselor shall— 
‘‘(i) have a caseload of less than 125 students; 
‘‘(ii) use a proactive, team-oriented approach to 
counseling; 
‘‘(iii) hold a minimum of two meetings with each 
student each semester; and 
‘‘(iv) provide referrals to and follow-up with other 
student services staff, including financial aid and 
career services. 
‘‘(B) COUNSELING SERVICES AVAILABILITY.—The coun-
seling services provided under this subsection shall be
H. R. 4137—329 
available to participating students during the daytime and 
evening hours. 
‘‘(d) STUDENT SUCCESS GRANT PILOT PROGRAM.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) ELIGIBLE
INSTITUTION.—In this subsection, the 
term ‘eligible institution’ means an institution of higher 
education in which, during the three-year period preceding 
the year in which the institution is applying for a grant 
under this subsection, an average of not less than 50 per-
cent of the institution’s entering first-year students are 
assessed as needing developmental courses to bring 
reading, writing, or mathematics skills up to college level. 
‘‘(B) ELIGIBLE STUDENT.—In this subsection, the term 
‘eligible student’ means a student who— 
‘‘(i) is eligible to receive assistance under section 
401; 
‘‘(ii) is a first-year student at the time of entering 
the program; 
‘‘(iii) is assessed as needing developmental edu-
cation to bring reading, writing, or mathematics skills 
up to college level; and 
‘‘(iv) is selected by an eligible institution to partici-
pate in the program. 
‘‘(2) STUDENT
SUCCESS
GRANT
AMOUNT.—The Secretary 
shall award grants under this subsection to eligible institutions 
in an amount equal to $1,500 multiplied by the number of 
students the institution selects to participate in the program 
in such year. An institution shall not select more than 200 
students to participate in the program under this subsection 
during such year. 
‘‘(3) REQUIRED USES.—An eligible institution that receives 
a grant under this subsection shall use the grant funds to 
assign a student success coach to each first-year student partici-
pating in the program to provide intensive career and academic 
advising, ongoing personal help in navigating college services 
(such as financial aid and registration), and assistance in con-
necting to community resources that can help students over-
come family and personal challenges to success. Student success 
coaches— 
‘‘(A) shall work with not more than 50 new students 
during any academic period; 
‘‘(B) may be employees of academic departments, stu-
dent services offices, community-based organizations, or 
other entities as determined appropriate by the institution; 
and 
‘‘(C) shall meet with each eligible student selected for 
the program before registration for courses. 
‘‘(4) ALLOWABLE USES.—An eligible institution that receives 
a grant under this subsection may use the grant funds to 
provide services and program innovations for students partici-
pating in the program, including the following: 
‘‘(A) College and career success courses provided at 
no charge to participating students. These courses may 
cover college success topics, including how to take notes, 
how to study, how to take tests, and how to budget time, 
and may also include a substantial career exploration
H. R. 4137—330 
component. Institutions may use such courses to help stu-
dents develop a college and career success plan, so that 
by the end of the first semester the students have a clear 
sense of their career goals and what classes to take to 
achieve such goals. 
‘‘(B) Work-study jobs with private employers in the 
students’ fields of study. 
‘‘(C) Learning communities that ensure that students 
participating in the program are clustered together for 
at least two courses beginning in the first semester after 
enrolling and have other opportunities to create and main-
tain bonds that allow them to provide academic and social 
support to each other. 
‘‘(D) Curricular redesign, which may include such 
innovations as blended or accelerated remediation classes 
that help student success grant recipients to attain college- 
level reading, writing, or math skills (or a combination 
thereof) more rapidly than traditional remediation formats 
allow, and intensive skills refresher classes, offered prior 
to each semester, to help students who have tested into 
remedial coursework to reach entry level assessment scores 
for the postsecondary programs they wish to enter. 
‘‘(E) Instructional support, such as learning labs, 
supplemental instruction, and tutoring. 
‘‘(F) Assistance with support services, such as child 
care and transportation. 
‘‘(5) REQUIRED
NON-FEDERAL
SHARE.—Each institution 
participating in the program under this subsection shall provide 
a non-Federal share of 25 percent of the amount of grant 
to carry out the activities of the program. The non-Federal 
share under this subsection may be provided in cash or in 
kind. 
‘‘(e) PERIOD
OF GRANT.—The Secretary may award a grant 
under subsection (c) or (d) of this section for a period of five 
years. 
‘‘(f) TECHNICAL ASSISTANCE AND EVALUATION.— 
‘‘(1) CONTRACTOR.—From the funds appropriated under this 
section, the Secretary shall enter into a contract with one 
or more private, nonprofit entities to provide technical assist-
ance to grantees and to conduct the evaluations required under 
paragraph (3). 
‘‘(2) EVALUATIONS.—The evaluations required under para-
graph (3) shall be conducted by entities that are capable of 
designing and carrying out independent evaluations that iden-
tify the impact of the activities carried out by eligible institu-
tions under this subpart on improving persistence and success 
of student participants under this subpart. 
‘‘(3) CONDUCT OF EVALUATIONS.—The Secretary shall con-
duct an evaluation of the impact of the persistence and success 
grant programs as follows: 
‘‘(A) PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY 
COLLEGES.—The evaluation of the program under sub-
section (c) shall be conducted using a random assignment 
research design with the following requirements: 
‘‘(i) When students are recruited for the program, 
all students will be told about the program and the 
evaluation.
H. R. 4137—331 
‘‘(ii) Baseline data will be collected from all 
applicants for assistance under subsection (c). 
‘‘(iii) Students will be assigned randomly to two 
groups, which will consist of— 
‘‘(I) a program group that will receive the 
scholarship and the additional counseling services; 
and 
‘‘(II) a control group that will receive whatever 
regular financial aid and counseling services are 
available to all students at the institution of higher 
education. 
‘‘(B) STUDENT
SUCCESS
GRANT
PROGRAM.—Eligible 
institutions receiving a grant to carry out the program 
under subsection (d) shall work with the evaluator to track 
persistence and completion outcomes for students in such 
program, specifically the proportion of these students who 
take and complete developmental education courses, the 
proportion who take and complete college-level coursework, 
and the proportion who complete certificates and degrees. 
The data shall be broken down by gender, race, ethnicity, 
and age and the evaluator shall assist institutions in ana-
lyzing these data to compare program participants to com-
parable nonparticipants, using statistical techniques to con-
trol for differences in the groups. 
‘‘(g) REPORT.—The Secretary shall— 
‘‘(1) provide a report to the authorizing committees that 
includes the evaluation and information on best practices and 
lessons learned during the pilot programs described in this 
section; and 
‘‘(2) disseminate the report to the public by making the 
report available on the Department’s website. 
‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds made available under 
this section shall be use to supplement and not supplant other 
Federal, State, and local funds available to the institution to car-
rying out the activities described in subsections (c) and (d). 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. The Secretary may use not more than two percent 
of the amounts appropriated to provide the technical assistance 
and conduct the evaluations required under subsection (f). 
‘‘PART L—STUDENT SAFETY AND CAMPUS 
EMERGENCY MANAGEMENT 
‘‘SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts appropriated under 
subsection (g), the Secretary is authorized to award grants, 
on a competitive basis, to institutions of higher education or 
consortia of institutions of higher education to enable institu-
tions of higher education or consortia to pay the Federal share 
of the cost of carrying out the authorized activities described 
in subsection (c). 
‘‘(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE 
SECRETARY OF HOMELAND SECURITY.—Where appropriate, the 
Secretary shall award grants under this section in consultation
H. R. 4137—332 
with the Attorney General and the Secretary of Homeland 
Security. 
‘‘(3) DURATION.—The Secretary shall award each grant 
under this section for a period of two years. 
‘‘(4) LIMITATION
ON
INSTITUTIONS
AND
CONSORTIA.—An 
institution of higher education or consortium shall be eligible 
for only one grant under this section. 
‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 
‘‘(1) IN
GENERAL.—The Federal share of the activities 
described in subsection (c) shall be 50 percent. 
‘‘(2) NON-FEDERAL SHARE.—An institution of higher edu-
cation or consortium that receives a grant under this section 
shall provide the non-Federal share, which may be provided 
from State and local resources dedicated to emergency 
preparedness and response. 
‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of higher edu-
cation or consortium receiving a grant under this section may 
use the grant funds to carry out one or more of the following: 
‘‘(1) Developing and implementing a state-of-the-art emer-
gency communications system for each campus of an institution 
of higher education or consortium, in order to contact students 
via cellular, text message, or other state-of-the-art communica-
tions methods when a significant emergency or dangerous situa-
tion occurs. An institution or consortium using grant funds 
to carry out this paragraph shall also, in coordination with 
the appropriate State and local emergency management 
authorities— 
‘‘(A) develop procedures that students, employees, and 
others on a campus of an institution of higher education 
or consortium will be directed to follow in the event of 
a significant emergency or dangerous situation; and 
‘‘(B) develop procedures the institution of higher edu-
cation or consortium shall follow to inform, within a reason-
able and timely manner, students, employees, and others 
on a campus in the event of a significant emergency or 
dangerous situation, which procedures shall include the 
emergency communications system described in this para-
graph. 
‘‘(2) Supporting measures to improve safety at the institu-
tion of higher education or consortium, such as— 
‘‘(A) security assessments; 
‘‘(B) security training of personnel and students at 
the institution of higher education or consortium; 
‘‘(C) where appropriate, coordination of campus 
preparedness and response efforts with local law enforce-
ment, local emergency management authorities, and other 
agencies, to improve coordinated responses in emergencies 
among such entities; 
‘‘(D) establishing a hotline that allows a student or 
staff member at an institution or consortium to report 
another student or staff member at the institution or 
consortium who the reporting student or staff member 
believes may be a danger to the reported student or staff 
member or to others; and 
‘‘(E) acquisition and installation of access control, video 
surveillance, intrusion detection, and perimeter security 
technologies and systems.
H. R. 4137—333 
‘‘(3) Coordinating with appropriate local entities for the 
provision of mental health services for students and staff of 
the institution of higher education or consortium, including 
mental health crisis response and intervention services for stu-
dents and staff affected by a campus or community emergency. 
‘‘(d) APPLICATION.—Each institution of higher education or 
consortium desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall coordinate 
technical assistance provided by State and local emergency manage-
ment agencies, the Department of Homeland Security, and other 
agencies as appropriate, to institutions of higher education or con-
sortia that request assistance in developing and implementing the 
activities assisted under this section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this part such sums as may be 
necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 
AND PRACTICES. 
‘‘The Secretary, in consultation with the Attorney General and 
the Secretary of Homeland Security, shall continue to— 
‘‘(1) advise institutions of higher education on model emer-
gency response policies, procedures, and practices; and 
‘‘(2) disseminate information concerning those policies, 
procedures, and practices. 
‘‘SEC. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SEC-
RETARY. 
‘‘The Secretary shall continue to coordinate with the Secretary 
of Homeland Security and other appropriate agencies to develop 
and maintain procedures to address the preparedness, response, 
and recovery needs of institutions of higher education in the event 
of a natural or manmade disaster with respect to which the Presi-
dent has declared a major disaster or emergency (as such terms 
are defined in section 824). 
‘‘SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PRO-
GRAM. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary, in consultation 
with the Secretary of Homeland Security, is authorized to establish 
an Education Disaster and Emergency Relief Loan Program for 
institutions of higher education impacted by a major disaster or 
emergency declared by the President. 
‘‘(b) USE OF ASSISTANCE.—The Secretary shall, subject to the 
availability of appropriations, provide loans under this section to 
institutions of higher education after the declaration of a major 
disaster or emergency by the President. Loan funds provided under 
this section may be used for construction, replacement, renovation, 
and operations costs resulting from a major disaster or emergency 
declared by the President. 
‘‘(c) APPLICATION REQUIREMENTS.—To be considered for a loan 
under this section, an institution of higher education shall— 
‘‘(1) submit a financial statement and other appropriate 
data, documentation, or evidence requested by the Secretary 
that indicates that the institution incurred losses resulting
H. R. 4137—334 
from the impact of a major disaster or emergency declared 
by the President, and the monetary amount of such losses; 
‘‘(2) demonstrate that the institution had appropriate insur-
ance policies prior to the major disaster or emergency and 
filed claims, as appropriate, related to the major disaster or 
emergency; and 
‘‘(3) demonstrate that the institution attempted to minimize 
the cost of any losses by pursuing collateral source compensa-
tion from the Federal Emergency Management Agency prior 
to seeking a loan under this section, except that an institution 
of higher education shall not be required to receive collateral 
source compensation from the Federal Emergency Management 
Agency prior to being eligible for a loan under this section. 
‘‘(d) AUDIT.—The Secretary may audit a financial statement 
submitted under subsection (c) and an institution of higher edu-
cation shall provide any information that the Secretary determines 
necessary to conduct such an audit. 
‘‘(e) REDUCTION IN LOAN AMOUNTS.—To determine the amount 
of a loan to make available to an institution of higher education 
under this section, the Secretary shall calculate the monetary 
amount of losses incurred by such institution as a result of a 
major disaster or emergency declared by the President, and shall 
reduce such amount by the amount of collateral source compensa-
tion the institution has already received from insurance, the Federal 
Emergency Management Agency, and the Small Business Adminis-
tration. 
‘‘(f) ESTABLISHMENT OF LOAN PROGRAM.—Prior to disbursing 
any loans under this section, the Secretary shall prescribe regula-
tions that establish the Education Disaster and Emergency Relief 
Loan Program, including— 
‘‘(1) terms for the loan program; 
‘‘(2) procedures for an application for a loan; 
‘‘(3) minimum requirements for the loan program and for 
receiving a loan, including— 
‘‘(A) online forms to be used in submitting request 
for a loan; 
‘‘(B) information to be included in such forms; and 
‘‘(C) procedures to assist in filing and pursing a loan; 
and 
‘‘(4) any other terms and conditions the Secretary may 
prescribe after taking into consideration the structure of other 
existing capital financing loan programs under this Act. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INSTITUTION
AFFECTED
BY
A
GULF
HURRICANE
DIS-
ASTER.—The term ‘institution affected by a Gulf hurricane dis-
aster’ means an institution of higher education that— 
‘‘(A) is located in an area affected by a Gulf hurricane 
disaster; and 
‘‘(B) is able to demonstrate that the institution— 
‘‘(i) incurred physical damage resulting from the 
impact of a Gulf hurricane disaster; and 
‘‘(ii) was not able to fully reopen in existing facili-
ties or to fully reopen to the pre-hurricane levels for 
30 days or more on or after August 29, 2005. 
‘‘(2) AREA AFFECTED BY A GULF HURRICANE DISASTER; GULF 
HURRICANE DISASTER.—The terms ‘area affected by a Gulf hurri-
cane disaster’ and ‘Gulf hurricane disaster’ have the meanings
H. R. 4137—335 
given such terms in section 209 of the Higher Education Hurri-
cane Relief Act of 2005 (Public Law 109-148, 119 Stat. 2808). 
‘‘(3) EMERGENCY.—The term ‘emergency’ has the meaning 
given such term in section 102(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(1)). 
‘‘(4) INSTITUTIONS
OF
HIGHER
EDUCATION.—The term 
‘institution of higher education’ has the meaning given such 
term in section 101. 
‘‘(5) MAJOR DISASTER.—The term ‘major disaster’ has the 
meaning given the term in section 102(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)). 
‘‘(h) EFFECTIVE DATE.—Loans provided to institutions of higher 
education pursuant to this section shall be available only with 
respect to major disasters or emergencies declared by the President 
that occur after the date of the enactment of the Higher Education 
Opportunity Act, except that loans may be provided pursuant to 
this section to an institution affected by a Gulf hurricane disaster 
with respect to such disaster. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STU-
DENT SAFETY. 
‘‘(a) GUIDANCE.—The Secretary shall continue to provide guid-
ance that clarifies the role of institutions of higher education with 
respect to the disclosure of education records, including to a parent 
or legal guardian of a dependent student, in the event that such 
student demonstrates that the student poses a significant risk 
of harm to himself or herself or to others, including a significant 
risk of suicide, homicide, or assault. Such guidance shall further 
clarify that an institution of higher education that, in good faith, 
discloses education records or other information in accordance with 
the requirements of this Act and section 444 of the General Edu-
cation Provisions Act (the Family Educational Rights and Privacy 
Act of 1974) shall not be liable to any person for that disclosure. 
‘‘(b) INFORMATION TO CONGRESS.—The Secretary shall provide 
an update to the authorizing committees on the Secretary’s activi-
ties under subsection (a) not later than 180 days after the date 
of enactment of the Higher Education Opportunity Act. 
‘‘SEC. 826. RULE OF CONSTRUCTION. 
‘‘Nothing in this part shall be construed— 
‘‘(1) to provide a private right of action to any person 
to enforce any provision of this section; 
‘‘(2) to create a cause of action against any institution 
of higher education or any employee of the institution for any 
civil liability; or 
‘‘(3) to affect section 444 of the General Education Provi-
sions Act (the Family Educational Rights and Privacy Act of 
1974) or the regulations issued under section 264 of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note).
H. R. 4137—336 
‘‘PART M—LOW TUITION 
‘‘SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION. 
‘‘(a) REWARDS FOR LOW TUITION.— 
‘‘(1) GRANTS.—From funds made available under subsection 
(e), the Secretary shall award grants to institutions of higher 
education that, for academic year 2009–2010 or any succeeding 
academic year— 
‘‘(A) have an annual tuition and fee increase, expressed 
as a percentage change, for the most recent academic year 
for which satisfactory data is available, that is in the 
lowest 20 percent of such increases for each category 
described in subsection (b); 
‘‘(B) are public institutions of higher education that 
have tuition and fees that are in the lowest quartile of 
for institutions in each category described in subsection 
(b)(1), (b)(4), or (b)(7); or 
‘‘(C) are public institutions of higher education that 
have a tuition and fee increase of less than $600 for a 
first-time, full-time undergraduate student. 
‘‘(2) USE OF FUNDS.—Funds awarded to an institution of 
higher education under paragraph (1) shall be distributed by 
the institution in the form of need-based grant aid to students 
who are eligible for Federal Pell Grants, except that no student 
shall receive an amount under this section that would cause 
the amount of total financial aid received by such student 
to exceed the cost of attendance of the institution. 
‘‘(b) CATEGORIES OF INSTITUTIONS.—The categories of institu-
tions described in subsection (a) shall be the following: 
‘‘(1) four-year public institutions of higher education; 
‘‘(2) four-year private, nonprofit institutions of higher edu-
cation; 
‘‘(3) four-year private, for-profit institutions of higher edu-
cation; 
‘‘(4) two-year public institutions of higher education; 
‘‘(5) two-year private, nonprofit institutions of higher edu-
cation; 
‘‘(6) two-year private, for-profit institutions of higher edu-
cation; 
‘‘(7) less than two-year public institutions of higher edu-
cation; 
‘‘(8) less than two-year private, nonprofit institutions of 
higher education; and 
‘‘(9) less than two-year private, for-profit institutions of 
higher education. 
‘‘(c) REWARDS FOR GUARANTEED TUITION.— 
‘‘(1) BONUS.—For each institution of higher education that 
the Secretary determines complies with the requirements of 
paragraph (2) or (3) of this subsection, the Secretary shall 
provide to such institution a bonus amount. Such institution 
shall award the bonus amount in the form of need-based aid 
first to students who are eligible for Federal Pell Grants who 
were in attendance at the institution during the award year 
that such institution satisfied the eligibility criteria for 
maintaining low tuition and fees, then to students who are 
eligible for Federal Pell Grants who were not in attendance 
at the institution during such award year.
H. R. 4137—337 
‘‘(2) FOUR-YEAR
INSTITUTIONS.—An institution of higher 
education that provides a program of instruction for which 
it awards a bachelor’s degree complies with the requirements 
of this paragraph if— 
‘‘(A) for a public institution of higher education, such 
institution’s tuition and fees are in the lowest quartile 
of institutions in the same category as described under 
subsection (b); or 
‘‘(B) for any institution of higher education, such 
institution guarantees that for any academic year (or the 
equivalent) beginning on or after July 1, 2009, and for 
each of the four succeeding continuous academic years, 
the tuition and fees charged to an undergraduate student 
will not exceed— 
‘‘(i) for a public institution of higher education, 
$600 per year for a full-time undergraduate student; 
or 
‘‘(ii) for any other institution of higher education— 
‘‘(I) the amount that the student was charged 
for an academic year at the time the student first 
enrolled in the institution of higher education, plus 
‘‘(II) the percentage change in tuition and fees 
at the institution for the three most recent aca-
demic years for which data is available, multiplied 
by the amount determined under subclause (I). 
‘‘(3) LESS-THAN FOUR-YEAR INSTITUTIONS.—An institution 
of higher education that does not provide a program of instruc-
tion for which it awards a bachelor’s degree complies with 
the requirements of this paragraph if— 
‘‘(A) for a public institution of higher education, such 
institution’s tuition is in the lowest quartile of institutions 
in the same category as described under subsection (b); 
or 
‘‘(B) for any institution of higher education, such 
institution guarantees that for any academic year (or the 
equivalent) beginning on or after July 1, 2009, and for 
each of the 1.5 succeeding continuous academic years, the 
tuition and fees charged to an undergraduate student will 
not exceed— 
‘‘(i) for a public institution of higher education, 
$600 per year for a full-time undergraduate student; 
or 
‘‘(ii) for any other institution of higher education— 
‘‘(I) the amount that the student was charged 
for an academic year at the time the student first 
enrolled in the institution of higher education, plus 
‘‘(II) the percentage change in tuition and fees 
at the institution for the three most recent aca-
demic years for which data is available, multiplied 
by the amount determined under subclause (I). 
‘‘(d) DEFINITIONS.—In this section, the terms ‘tuition and fees’ 
and ‘net price’ have the meaning given to such terms in section 
132 of this Act. 
‘‘(e) AUTHORIZATION.—There are authorized to be appropriated 
to carry out this section such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years.
H. R. 4137—338 
‘‘PART N—COOPERATIVE EDUCATION 
‘‘SEC. 831. STATEMENT OF PURPOSE; DEFINITION. 
‘‘(a) PURPOSE.—It is the purpose of this part to award grants 
to institutions of higher education or consortia of such institutions 
to encourage such institutions to develop and make available to 
their students work experience that will aid such students in future 
careers and will enable such students to support themselves finan-
cially while in school. 
‘‘(b) DEFINITION.—In this part the term ‘cooperative education’ 
means the provision of alternating or parallel periods of academic 
study and public or private employment to give students work 
experiences related to their academic or occupational objectives 
and an opportunity to earn the funds necessary for continuing 
and completing their education. 
‘‘SEC. 832. RESERVATIONS. 
‘‘(a) RESERVATIONS.—Of the amount appropriated to carry out 
this part in each fiscal year— 
‘‘(1) not less than 50 percent shall be available for awarding 
grants to institutions of higher education and consortia of such 
institutions described in section 833(a)(1)(A) for cooperative 
education under section 833; 
‘‘(2) not less than 25 percent shall be available for awarding 
grants to institutions of higher education described in section 
833(a)(1)(B) for cooperative education under section 833; 
‘‘(3) not to exceed 11 percent shall be available for dem-
onstration projects under paragraph (1) of section 834(a); 
‘‘(4) not to exceed 11 percent shall be available for training 
and resource centers under paragraph (2) of section 834(a); 
and 
‘‘(5) not to exceed 3 percent shall be available for research 
under paragraph (3) of section 834(a). 
‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated 
under this part shall not be used for the payment of compensation 
of students for employment by employers participating in a program 
under this part. 
‘‘SEC. 833. GRANTS FOR COOPERATIVE EDUCATION. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary is authorized, from the 
amount available to carry out this section under section 835 
in each fiscal year and in accordance with the provisions of 
this part— 
‘‘(A) to award grants to institutions of higher education 
or consortia of such institutions that have not received 
a grant under this paragraph in the ten-year period pre-
ceding the date for which a grant under this section is 
requested to pay the Federal share of the cost of planning, 
establishing, expanding, or carrying out programs of 
cooperative education by such institutions or consortia of 
institutions; and 
‘‘(B) to award grants to institutions of higher education 
that are operating an existing cooperative education pro-
gram as determined by the Secretary to pay the Federal 
share of the cost of planning, establishing, expanding, or
H. R. 4137—339 
carrying out programs of cooperative education by such 
institutions. 
‘‘(2) PROGRAM REQUIREMENT.—Cooperative education pro-
grams assisted under this section shall provide alternating 
or parallel periods of academic study and of public or private 
employment, giving students work experience related to their 
academic or occupational objectives and the opportunity to earn 
the funds necessary for continuing and completing their edu-
cation. 
‘‘(3) AMOUNT OF GRANTS.— 
‘‘(A) The amount of each grant awarded pursuant to 
paragraph (1)(A) to any institution of higher education 
or consortia of such institutions in any fiscal year shall 
not exceed $500,000. 
‘‘(B)(i) Except as provided in clauses (ii) and (iii), the 
Secretary shall award grants in each fiscal year to each 
institution of higher education described in paragraph 
(1)(B) that has an application approved under subsection 
(b) in an amount that bears the same ratio to the amount 
reserved pursuant to section 832(a)(2) for such fiscal year 
as the number of unduplicated students placed in coopera-
tive education jobs during the preceding fiscal year by 
such institution of higher education (other than cooperative 
education jobs under section 834 and as determined by 
the Secretary) bears to the total number of all such stu-
dents placed in such jobs during the preceding fiscal year 
by all such institutions. 
‘‘(ii) No institution of higher education shall receive 
a grant pursuant to paragraph (1)(B) in any fiscal year 
in an amount that exceeds 25 percent of such institution’s 
cooperative education program’s personnel and operating 
budget for the preceding fiscal year. 
‘‘(iii) The minimum annual grant amount that an 
institution of higher education is eligible to receive under 
paragraph (1)(B) is $1,000 and the maximum annual grant 
amount is $75,000. 
‘‘(4) LIMITATION.—The Secretary shall not award grants 
pursuant to subparagraphs (A) and (B) of paragraph (1) to 
the same institution of higher education or consortia of such 
institution in any one fiscal year. 
‘‘(5) USES.—Grants awarded under paragraph (1)(B) shall 
be used exclusively— 
‘‘(A) to expand the quality of and participation in a 
cooperative education program; 
‘‘(B) for outreach to potential participants in new cur-
ricular areas; and 
‘‘(C) for outreach to potential participants including 
underrepresented and nontraditional populations. 
‘‘(b) APPLICATIONS.—Each institution of higher education or 
consortium of such institutions desiring to receive a grant under 
this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary shall prescribe. Each 
such application shall— 
‘‘(1) set forth the program or activities for which a grant 
is authorized under this section; 
‘‘(2) specify each portion of such program or activities which 
will be performed by a nonprofit organization or institution
H. R. 4137—340 
other than the applicant, and the amount of grant funds to 
be used for such program or activities; 
‘‘(3) provide that the applicant will expend, during the 
fiscal year for which the grant is awarded for the purpose 
of such program or activities, not less than the amount 
expended for such purpose during the previous fiscal year; 
‘‘(4) describe the plans which the applicant will carry out 
to assure, and contain a formal statement of the institution’s 
commitment that assures, that the applicant will continue the 
cooperative education program beyond the five-year period of 
Federal assistance described in subsection (c)(1) at a level that 
is not less than the total amount expended for such program 
during the first year such program was assisted under this 
section; 
‘‘(5) provide that, in the case of an institution of higher 
education that provides a two-year program that is acceptable 
for full credit toward a bachelor’s degree, the cooperative edu-
cation program will be available to students who are certificate 
or associate degree candidates and who carry at least one- 
half of the normal full-time academic workload; 
‘‘(6) provide that the applicant will— 
‘‘(A) make such reports as may be necessary to ensure 
that the applicant is complying with the provisions of this 
section, including reports for the second and each suc-
ceeding fiscal year for which the applicant receives a grant 
with respect to the impact of the cooperative education 
program in the previous fiscal year, including— 
‘‘(i) the number of unduplicated student applicants 
in the cooperative education program; 
‘‘(ii) the number of unduplicated students placed 
in cooperative education jobs; 
‘‘(iii) the number of employers who have hired 
cooperative education students; 
‘‘(iv) the income for students derived from working 
in cooperative education jobs; and 
‘‘(v) the increase or decrease in the number of 
unduplicated students placed in cooperative education 
jobs in each fiscal year compared to the previous fiscal 
year; and 
‘‘(B) keep such records as may be necessary to ensure 
that the applicant is complying with the provisions of this 
part, including the notation of cooperative education 
employment on the student’s transcript; 
‘‘(7) describe the extent to which programs in the academic 
disciplines for which the application is made have satisfactorily 
met the needs of public and private sector employers; 
‘‘(8) describe the extent to which the institution is com-
mitted to extending cooperative education on an institution- 
wide basis for all students who can benefit; 
‘‘(9) describe the plans that the applicant will carry out 
to evaluate the applicant’s cooperative education program at 
the end of the grant period; 
‘‘(10) provide for such fiscal control and fund accounting 
procedures as may be necessary to ensure proper disbursement 
of, and accounting for, Federal funds paid to the applicant 
under this part;
H. R. 4137—341 
‘‘(11) demonstrate a commitment to serving underserved 
populations at the institution; and 
‘‘(12) include such other information as may be necessary 
to carry out the provisions of this part. 
‘‘(c) DURATION OF GRANTS; FEDERAL SHARE.— 
‘‘(1) DURATION
OF
GRANTS.—No individual institution of 
higher education may receive, individually or as a participant 
in a consortium of such institutions— 
‘‘(A) a grant pursuant to subsection (a)(1)(A) for more 
than five fiscal years; or 
‘‘(B) a grant pursuant to subsection (a)(1)(B) for more 
than five fiscal years. 
‘‘(2) FEDERAL SHARE.—The Federal share of a grant under 
subsection (a)(1)(A) may not exceed— 
‘‘(A) 85 percent of the cost of carrying out the program 
or activities described in the application in the first year 
the applicant receives a grant under this section; 
‘‘(B) 70 percent of such cost in the second such year; 
‘‘(C) 55 percent of such cost in the third such year; 
‘‘(D) 40 percent of such cost in the fourth such year; 
and 
‘‘(E) 25 percent of such cost in the fifth such year. 
‘‘(3) SPECIAL RULE.—Notwithstanding any other provision 
of law, the Secretary may not waive the provisions of para-
graphs (1) and (2). 
‘‘(d) MAINTENANCE OF EFFORT.—If the Secretary determines 
that a recipient of funds under this section has failed to maintain 
the fiscal effort described in subsection (b)(3), then the Secretary 
may elect not to make grant payments under this section to such 
recipient. 
‘‘(e) FACTORS FOR SPECIAL CONSIDERATION OF APPLICATIONS.— 
‘‘(1) IN
GENERAL.—In approving applications under this 
section, the Secretary shall give special consideration to applica-
tions from institutions of higher education or consortia of such 
institutions for programs that show the greatest promise of 
success because of— 
‘‘(A) the extent to which programs in the academic 
discipline with respect to which the application is made 
have satisfactorily met the needs of public and private 
sector employers; 
‘‘(B) the strength of the commitment of the institution 
of higher education or consortium of such institutions to 
cooperative education as demonstrated by the plans and 
formalized institutional commitment statement which such 
institution or consortium has made to continue the program 
after the termination of Federal financial assistance; 
‘‘(C) the extent to which the institution or consortium 
of institutions is committed to extending cooperative edu-
cation for students who can benefit; and 
‘‘(D) such other factors as are consistent with the pur-
poses of this section. 
‘‘(2) ADDITIONAL SPECIAL CONSIDERATION.—The Secretary 
shall also give special consideration to applications from institu-
tions of higher education or consortia of such institutions that 
demonstrate a commitment to serving underserved populations 
attending such institutions.
H. R. 4137—342 
‘‘SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING 
AND RESOURCE CENTERS; AND RESEARCH. 
‘‘(a) AUTHORIZATION.—From the amounts appropriated under 
section 835, the Secretary is authorized, in accordance with the 
provisions of this section, to make grants and enter into contracts— 
‘‘(1) from the amounts available in each fiscal year under 
section 832(a)(3), for the conduct of demonstration projects 
designed to demonstrate or determine the effectiveness of 
innovative methods of cooperative education; 
‘‘(2) from the amounts available in each fiscal year under 
section 832(a)(4), for the conduct of training and resource cen-
ters designed to— 
‘‘(A) train personnel in the field of cooperative edu-
cation; 
‘‘(B) improve materials used in cooperative education 
programs if such improvement is conducted in conjunction 
with other activities described in this paragraph; 
‘‘(C) provide technical assistance to institutions of 
higher education to increase the potential of the institution 
to continue to conduct a cooperative education program 
without Federal assistance; 
‘‘(D) encourage model cooperative education programs 
that furnish education and training in occupations in which 
there is a national need; 
‘‘(E) support partnerships under which an institution 
carrying out a comprehensive cooperative education pro-
gram joins with one or more institutions of higher education 
in order to— 
‘‘(i) assist the institution that is not the institution 
carrying out the cooperative education program to 
develop and expand an existing program of cooperative 
education; or 
‘‘(ii) establish and improve or expand comprehen-
sive cooperative education programs; and 
‘‘(F) encourage model cooperative education programs 
in the fields of science and mathematics for women and 
minorities who are underrepresented in such fields; and 
‘‘(3) from the amounts available in each fiscal year under 
section 832(a)(5), for the conduct of research relating to coopera-
tive education. 
‘‘(b) ADMINISTRATIVE PROVISION.— 
‘‘(1) IN GENERAL.—To carry out this section, the Secretary 
may— 
‘‘(A) make grants to or contracts with institutions of 
higher education or consortia of such institutions; and 
‘‘(B) make grants to or contracts with other public 
or private nonprofit agencies or organizations, whenever 
such grants or contracts will contribute to the objectives 
of this section. 
‘‘(2) LIMITATION.— 
‘‘(A) CONTRACTS WITH INSTITUTIONS OF HIGHER EDU-
CATION.—The Secretary may use not more than three per-
cent of the amount appropriated to carry out this section 
in each fiscal year to enter into contracts described in 
paragraph (1)(A). 
‘‘(B) CONTRACTS WITH OTHER AGENCIES OR ORGANIZA-
TIONS.—The Secretary may use not more than three percent
H. R. 4137—343 
of the amount appropriated to carry out this section in 
each fiscal year to enter into contracts described in para-
graph (1)(B). 
‘‘(c) SUPPLEMENT NOT SUPPLANT.—A recipient of a grant or 
contract under this section may use the funds provided only to 
supplement funds made available from non-Federal sources to carry 
out the activities supported by such grant or contract, and in 
no case to supplant such funds from non-Federal sources. 
‘‘SEC. 835. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘PART O—COLLEGE PARTNERSHIP GRANTS 
‘‘SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 
‘‘(a) GRANTS AUTHORIZED.—From the amount appropriated to 
carry out this section, the Secretary shall award grants to eligible 
partnerships for the purposes of developing and implementing 
articulation agreements. 
‘‘(b) ELIGIBLE PARTNERSHIPS.—For purposes of this part, an 
eligible partnership shall include at least two institutions of higher 
education, or a system of institutions of higher education, and 
may include either or both of the following: 
‘‘(1) A consortia of institutions of higher education. 
‘‘(2) A State higher education agency. 
‘‘(c) PRIORITY.—The Secretary shall give priority to eligible part-
nerships that— 
‘‘(1) are located in a State that has employed strategies 
described in section 486A(d); or 
‘‘(2) include— 
‘‘(A) one or more junior or community colleges (as 
defined by section 312(f)) that award associate’s degrees; 
and 
‘‘(B) one or more institutions of higher education that 
offer a baccalaureate or post-baccalaureate degree not 
awarded by the institutions described in subparagraph (A) 
with which it is partnered. 
‘‘(d) MANDATORY USE OF FUNDS.—Grants awarded under this 
part shall be used for— 
‘‘(1) the development of policies and programs to expand 
opportunities for students to earn bachelor’s degrees, by facili-
tating the transfer of academic credits between institutions 
and expanding articulation and guaranteed transfer agreements 
between institutions of higher education, including through 
common course numbering and general education core cur-
riculum; 
‘‘(2) academic program enhancements; and 
‘‘(3) programs to identify and remove barriers that inhibit 
student transfers, including technological and informational 
programs. 
‘‘(e) OPTIONAL USE
OF FUNDS.—Grants awarded under this 
part may be used for— 
‘‘(1) support services to students participating in the pro-
gram, such as tutoring, mentoring, and academic and personal 
counseling; and
H. R. 4137—344 
‘‘(2) any service that facilitates the transition of students 
between the partner institutions. 
‘‘(f) PROHIBITION.—No funds provided under this section shall 
be used to financially compensate an institution for the purposes 
of entering into an articulation agreement or for accepting students 
transferring into such institution. 
‘‘(g) APPLICATIONS.—Any eligible partnership that desires to 
obtain a grant under this section shall submit to the Secretary 
an application at such time, in such manner, and containing such 
information or assurances as the Secretary may require. 
‘‘(h) DEFINITION.—For purposes of this section, the term ‘articu-
lation agreement’ means an agreement between institutions of 
higher education that specifies the acceptability of courses in 
transfer toward meeting specific degree requirements. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART P—JOBS TO CAREERS 
‘‘SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 
‘‘(a) PURPOSE.—The purpose of this section is to provide grants 
on a competitive basis to institutions of higher education for the 
purpose of improving developmental education to help students 
move more rapidly into for-credit occupational courses and into 
better jobs that may require a certificate or degree. 
‘‘(b) AUTHORIZATION OF PROGRAM.—From amounts appropriated 
to carry out this section, the Secretary shall award grants, on 
a competitive basis, to institutions of higher education, as defined 
in section 101(a), to create workforce bridge programs between 
developmental courses and for-credit courses in occupational certifi-
cate programs that are articulated to degree programs. Such 
workforce bridge programs shall focus on— 
‘‘(1) improving developmental education, including English 
language instruction, by customizing developmental education 
to student career goals; and 
‘‘(2) helping students move rapidly from developmental 
coursework into for-credit occupational courses and through 
program completion. 
‘‘(c) APPLICATION.—An institution of higher education desiring 
a grant under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
‘‘(d) PRIORITIES.—The Secretary shall give priority to applica-
tions that— 
‘‘(1) are from institutions of higher education in which 
not less than 50 percent of the institution’s entering first- 
year students who are subject to mandatory assessment are 
assessed as needing developmental courses to bring reading, 
writing, or mathematics skills up to college level; and 
‘‘(2) propose to replicate practices that have proven effective 
with adults, or propose to collaborate with adult education 
providers. 
‘‘(e) REQUIRED ACTIVITY.—An institution of higher education 
that receives a grant under this section shall use the grant funds 
to create workforce bridge programs to customize developmental
H. R. 4137—345 
education curricula, including English language instruction, to 
reflect the content of for-credit occupational certificate or degree 
programs, or clusters of such programs, in which developmental 
education students are enrolled or plan to enroll. Such workforce 
bridge programs shall integrate the curricula and the instruction 
of the developmental and college-level coursework. 
‘‘(f) PERMISSIBLE ACTIVITIES.—An institution of higher edu-
cation that receives a grant under this section may use the grant 
funds to carry out one or more of the following activities: 
‘‘(1) Designing and implementing innovative ways to 
improve retention in and completion of developmental education 
courses, including enrolling students in cohorts, accelerating 
course content, dually enrolling students in developmental and 
college-level courses, tutoring, providing counseling and other 
supportive services, and giving small, material incentives for 
attendance and performance. 
‘‘(2) In consultation with faculty in the appropriate depart-
ments, reconfiguring courses offered on-site during standard 
academic terms for modular, compressed, or other alternative 
schedules, or for distance-learning formats, to meet the needs 
of working adults. 
‘‘(3) Developing counseling strategies that address the 
needs of students in remedial education courses, and including 
counseling students on career options and the range of pro-
grams available, such as certificate programs that are articu-
lated to degree programs and programs designed to facilitate 
transfer to four-year institutions of higher education. 
‘‘(4) Improving the quality of teaching in remedial courses 
through professional development, reclassification of such 
teaching positions, or other means the institution of higher 
education determines appropriate. 
‘‘(5) Any other activities the institution of higher education 
and the Secretary determine will promote retention of, and 
completion by, students attending institutions of higher edu-
cation. 
‘‘(g) GRANT PERIOD.—Grants made under this section shall be 
for a period of not less than three years and not more than five 
years. 
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to recipients of, and applicants for, grants under 
this section. 
‘‘(i) REPORT AND SUMMARY.—Each institution of higher edu-
cation that receives a grant under this section shall report to 
the Secretary on the effectiveness of the program in enabling stu-
dents to move rapidly from developmental coursework into for- 
credit occupational courses and through program completion. The 
Secretary shall summarize the reports, identify best practices, and 
disseminate the information from such summary and identification 
to the public. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to carry out this section such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years.
H. R. 4137—346 
‘‘PART Q—RURAL DEVELOPMENT GRANTS FOR 
RURAL-SERVING COLLEGES AND UNIVER-
SITIES 
‘‘SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER 
EDUCATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase enrollment and graduation rates of sec-
ondary school graduates and nontraditional students from rural 
areas at two-year and four-year institutions of higher education, 
and their articulation from two-year degree programs into four- 
year degree programs; and 
‘‘(2) to promote economic growth and development in rural 
America through partnership grants to consortia of rural- 
serving institutions of higher education, local educational agen-
cies, and regional employers. 
‘‘(b) DEFINITIONS.—For the purposes of this section: 
‘‘(1) RURAL-SERVING INSTITUTION OF HIGHER EDUCATION.— 
The term ‘rural-serving institution of higher education’ means 
an institution of higher education that primarily serves rural 
areas. 
‘‘(2) RURAL AREA.—The term ‘rural area’ means an area 
that is defined, identified, or otherwise recognized as rural 
by a governmental agency of the State in which the area 
is located. 
‘‘(3) NONTRADITIONAL STUDENT.—The term ‘nontraditional 
student’ means an individual who— 
‘‘(A) delays enrollment in an institution of higher edu-
cation by three or more years after secondary school 
graduation; 
‘‘(B) attends an institution of higher education part- 
time; or 
‘‘(C) attends an institution of higher education and— 
‘‘(i) works full-time; 
‘‘(ii) is an independent student, as defined in sec-
tion 480; 
‘‘(iii) has one or more dependents other than a 
spouse; 
‘‘(iv) is a single parent; or 
‘‘(v) does not have a secondary school diploma or 
the recognized equivalent of such a diploma. 
‘‘(4) REGIONAL EMPLOYER.—The term ‘regional employer’ 
means an employer within a rural area. 
‘‘(c) PARTNERSHIP.— 
‘‘(1) REQUIRED PARTNERS.—A rural-serving institution of 
higher education, or a consortium of rural-serving institutions 
of higher education, that receives a grant under this section 
shall carry out the activities of the grant in partnership with— 
‘‘(A) one or more local educational agencies serving 
a rural area; and 
‘‘(B) one or more regional employers or local boards 
(as such term is defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)) serving a rural 
area. 
‘‘(2) OPTIONAL
PARTNERS.—A rural-serving institution of 
higher education, or a consortium of rural-serving institutions
H. R. 4137—347 
of higher education, that receives a grant under this section, 
may carry out the activities of the grant in partnership with— 
‘‘(A) an educational service agency (as defined in sec-
tion 9101 of the Elementary and Secondary Education Act 
of 1965); or 
‘‘(B) a nonprofit organization with demonstrated exper-
tise in rural education at the secondary and postsecondary 
levels. 
‘‘(d) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts made available under 
subsection (g), the Secretary is authorized to award grants, 
on a competitive basis, to eligible rural-serving institutions 
of higher education or a consortium of such institutions, to 
carry out the activities described in subsection (f). 
‘‘(2) DURATION.—A grant awarded under this section shall 
be awarded for a period not to exceed three years. 
‘‘(3) MAXIMUM AND MINIMUM GRANTS.—No grant awarded 
under this section shall be less than $200,000. 
‘‘(4) SPECIAL CONSIDERATIONS.—In awarding grants under 
this section, the Secretary shall give special consideration to 
applications that demonstrate the most potential and propose 
the most promising and innovative approaches for— 
‘‘(A) increasing the percentage of graduates of rural 
secondary schools attending rural-serving institutions of 
higher education; 
‘‘(B) meeting the employment needs of regional 
employers with graduates of rural-serving institutions of 
higher education; and 
‘‘(C) improving the health of the regional economy of 
a rural area through a partnership of local educational 
agencies serving the rural area, rural-serving institutions 
of higher education, and regional employers. 
‘‘(5) LIMITATION.—A rural-serving institution of higher edu-
cation shall not receive more than one grant under this section. 
‘‘(e) APPLICATIONS.—Each rural-serving institution of higher 
education desiring a grant under this section shall submit to the 
Secretary an application at such time, in such manner, and con-
taining such information as the Secretary may reasonably require. 
‘‘(f) REQUIRED USE OF FUNDS.—A rural-serving institution of 
higher education that receives a grant under this section shall 
use grant funds for at least three of the following four purposes: 
‘‘(1) To improve postsecondary enrollment rates for rural 
secondary school students at rural-serving institutions of higher 
education, which may include— 
‘‘(A) programs to provide students and families with 
counseling related to applying for postsecondary education, 
and Federal and State financial assistance for postsec-
ondary education; 
‘‘(B) programs that provide students and families of 
rural high schools access and exposure to campuses, 
classes, programs, and internships of rural-serving institu-
tions of higher education, including covering the cost of 
transportation to and from such institutions; and 
‘‘(C) other initiatives that assist students and families 
in applying for and developing interest in attending rural- 
serving institutions of higher education.
H. R. 4137—348 
‘‘(2) To increase enrollment rates of nontraditional students 
in degree programs at rural-serving institutions of higher edu-
cation, which may include— 
‘‘(A) programs to provide nontraditional students with 
counseling related to applying for postsecondary education, 
and Federal and State financial assistance for postsec-
ondary education; 
‘‘(B) community outreach initiatives to encourage non-
traditional students to enroll in a rural-serving institution 
of higher education; and 
‘‘(C) programs to improve the enrollment of nontradi-
tional students in two-year degree programs and the transi-
tion of nontraditional students articulating from two-year 
degree programs to four-year degree programs. 
‘‘(3) To create or strengthen academic programs at rural- 
serving institutions of higher education to prepare graduates 
to enter into high-need occupations in the regional and local 
economies. 
‘‘(4) To provide additional career training to students of 
rural-serving institutions of higher education in fields relevant 
to the regional economy. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as many 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART R—CAMPUS-BASED DIGITAL THEFT 
PREVENTION 
‘‘SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION. 
‘‘(a) PROGRAM AUTHORITY.—From the amounts appropriated 
under subsection (d), the Secretary may make grants to institutions 
of higher education, or consortia of such institutions, and enter 
into contracts with such institutions, consortia, and other organiza-
tions, to develop, implement, operate, improve, and disseminate 
programs of prevention, education, and cost-effective technological 
solutions, to reduce and eliminate the illegal downloading and dis-
tribution of intellectual property. Such grants or contracts may 
also be used for the support of higher education centers that will 
provide training, technical assistance, evaluation, dissemination, 
and associated services and assistance to the higher education 
community as determined by the Secretary and institutions of 
higher education. 
‘‘(b) AWARDS.—Grants and contracts shall be awarded under 
this section on a competitive basis. 
‘‘(c) APPLICATIONS.—An institution of higher education or a 
consortium of such institutions that desires to receive a grant 
or contract under this section shall submit an application to the 
Secretary at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reasonably require 
by regulation. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years.
H. R. 4137—349 
‘‘PART S—TRAINING FOR REALTIME WRITERS 
‘‘SEC. 872. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT 
OF REALTIME WRITERS. 
‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—From the amounts appropriated to carry 
out this section, the Secretary shall award grants, on a competi-
tive basis, to eligible entities under paragraph (2) to promote 
training and placement of individuals, including individuals 
who have completed a court reporting training program, as 
realtime writers in order to meet the requirements for closed 
captioning of video programming set forth in section 713 of 
the Communications Act of 1934 (47 U.S.C. 613) and the rules 
prescribed thereunder. 
‘‘(2) ELIGIBLE ENTITIES.—For purposes of this section, an 
eligible entity is a court reporting program that— 
‘‘(A) has a curriculum capable of training realtime 
writers qualified to provide captioning services; 
‘‘(B) is accredited by an accrediting agency or associa-
tion recognized by the Secretary; and 
‘‘(C) is participating in student aid programs under 
title IV. 
‘‘(3) PRIORITY IN GRANTS.—In determining whether to make 
grants under this section, the Secretary shall give a priority 
to eligible entities that, as determined by the Secretary— 
‘‘(A) possess the most substantial capability to increase 
their capacity to train realtime writers; 
‘‘(B) demonstrate the most promising collaboration with 
educational institutions, businesses, labor organizations, 
or other community groups having the potential to train 
or provide job placement assistance to realtime writers; 
or 
‘‘(C) propose the most promising and innovative 
approaches for initiating or expanding training or job place-
ment assistance efforts with respect to realtime writers. 
‘‘(4) DURATION OF GRANT.—A grant under this section shall 
be for a period of up to five years. 
‘‘(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant 
provided under this subsection to an eligible entity may not 
exceed $1,500,000 for the period of the grant. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 
an eligible entity shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. 
The application shall contain the information set forth under 
paragraph (2). 
‘‘(2) INFORMATION.—Information in the application of an 
eligible entity for a grant under subsection (a) shall include 
the following: 
‘‘(A) A description of the training and assistance to 
be funded using the grant amount, including how such 
training and assistance will increase the number of 
realtime writers. 
‘‘(B) A description of performance measures to be uti-
lized to evaluate the progress of individuals receiving such 
training and assistance in matters relating to enrollment, 
completion of training, and job placement and retention.
H. R. 4137—350 
‘‘(C) A description of the manner in which the eligible 
entity will ensure that recipients of scholarships, if any, 
funded by the grant will be employed and retained as 
realtime writers. 
‘‘(D) A description of the manner in which the eligible 
entity intends to continue providing the training and assist-
ance to be funded by the grant after the end of the grant 
period, including any partnerships or arrangements estab-
lished for that purpose. 
‘‘(E) A description of how the eligible entity will work 
with local boards (as defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)) to ensure that 
training and assistance to be funded with the grant will 
further local workforce goals, including the creation of edu-
cational opportunities for individuals who are from 
economically disadvantaged backgrounds or are displaced 
workers. 
‘‘(F) Additional information, if any, on the eligibility 
of the eligible entity for priority in the making of grants 
under subsection (a)(3). 
‘‘(G) Such other information as the Secretary may 
require. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 
subsection (a) shall use the grant amount for purposes relating 
to the recruitment, training and assistance, and job placement 
of individuals, including individuals who have completed a court 
reporting training program, as realtime writers, including— 
‘‘(A) recruitment; 
‘‘(B) subject to paragraph (2), the provision of scholar-
ships; 
‘‘(C) distance learning; 
‘‘(D) further developing and implementing both English 
and Spanish curricula to more effectively train individuals 
in realtime writing skills, and education in the knowledge 
necessary for the delivery of high quality closed captioning 
services; 
‘‘(E) mentoring students to ensure successful comple-
tion of the realtime training and providing assistance in 
job placement; 
‘‘(F) encouraging individuals with disabilities to pursue 
a career in realtime writing; and 
‘‘(G) the employment and payment of personnel for 
the purposes described in this paragraph. 
‘‘(2) SCHOLARSHIPS.— 
‘‘(A) AMOUNT.—The amount of a scholarship under 
paragraph (1)(B) shall be based on the amount of need 
of the scholarship recipient for financial assistance, as 
determined in accordance with part F of title IV. 
‘‘(B) AGREEMENT.—Each recipient of a scholarship 
under paragraph (1)(B) shall enter into an agreement with 
the school in which the recipient is enrolled to provide 
realtime writing services for the purposes described in sub-
section (a)(1) for a period of time appropriate (as deter-
mined by the Secretary) for the amount of the scholarship 
received.
H. R. 4137—351 
‘‘(C) COURSEWORK AND EMPLOYMENT.—The Secretary 
shall establish requirements for coursework and employ-
ment for recipients of scholarships under paragraph (1)(B), 
including requirements for repayment of scholarship 
amounts in the event of failure to meet such requirements 
for coursework and employment. The Secretary may waive, 
in whole or in part, the requirements for repayment of 
scholarship amounts on the basis of economic conditions 
which may affect the ability of scholarship recipients to 
find work as realtime writers. 
‘‘(3) ADMINISTRATIVE COSTS.—The recipient of a grant under 
this section may not use more than five percent of the grant 
amount to pay administrative costs associated with activities 
funded by the grant. The Secretary shall use not more than 
five percent of the amount available for grants under this 
section in any fiscal year for administrative costs of the pro-
gram. 
‘‘(4) SUPPLEMENT NOT SUPPLANT.—Grant amounts under 
this section shall supplement and not supplant other Federal 
or non-Federal funds of the grant recipient for purposes of 
promoting the training and placement of individuals as realtime 
writers. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—Each eligible entity receiving a grant 
under subsection (a) shall submit to the Secretary, at the end 
of the grant period, a report on the activities of such entity 
with respect to the use of grant amounts during the grant 
period. 
‘‘(2) REPORT
INFORMATION.—Each report of an eligible 
entity under paragraph (1) shall include— 
‘‘(A) an assessment by the entity of the effectiveness 
of activities carried out using such funds in increasing 
the number of realtime writers, using the performance 
measures submitted by the eligible entity in the application 
for the grant under subsection (b)(2); and 
‘‘(B) a description of the best practices identified by 
the eligible entity for increasing the number of individuals 
who are trained, employed, and retained in employment 
as realtime writers. 
‘‘(3) SUMMARIES.—The Secretary shall summarize the 
reports submitted under paragraph (2) and make such summary 
available on the Department’s website. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART T—CENTERS OF EXCELLENCE FOR 
VETERAN STUDENT SUCCESS 
‘‘SEC. 873. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR 
VETERAN STUDENT SUCCESS. 
‘‘(a) PURPOSE.—It is the purpose of this section to encourage 
model programs to support veteran student success in postsecondary 
education by coordinating services to address the academic, finan-
cial, physical, and social needs of veteran students. 
‘‘(b) GRANTS AUTHORIZED.—
H. R. 4137—352 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions under subsection (f), the Secretary shall award grants 
to institutions of higher education to develop model programs 
to support veteran student success in postsecondary education. 
‘‘(2) GRANT PERIOD.—A grant awarded under this section 
shall be awarded for a period of three years. 
‘‘(c) USE OF GRANTS.— 
‘‘(1) REQUIRED ACTIVITIES.—An institution of higher edu-
cation receiving a grant under this section shall use such grant 
to carry out a model program that includes— 
‘‘(A) establishing a Center of Excellence for Veteran 
Student Success on the campus of the institution to provide 
a single point of contact to coordinate comprehensive sup-
port services for veteran students; 
‘‘(B) establishing a veteran student support team, 
including representatives from the offices of the institution 
responsible for admissions, registration, financial aid, vet-
erans benefits, academic advising, student health, personal 
or mental health counseling, career advising, disabilities 
services, and any other office of the institution that pro-
vides support to veteran students on campus; 
‘‘(C) providing a coordinator whose primary responsi-
bility is to coordinate the model program carried out under 
this section; 
‘‘(D) monitoring the rates of veteran student enroll-
ment, persistence, and completion; and 
‘‘(E) developing a plan to sustain the Center of Excel-
lence for Veteran Student Success after the grant period. 
‘‘(2) OTHER
AUTHORIZED
ACTIVITIES.—An institution of 
higher education receiving a grant under this section may 
use such grant to carry out any of the following activities 
with respect to veteran students: 
‘‘(A) Outreach and recruitment of such students. 
‘‘(B) Supportive instructional services for such stu-
dents, which may include— 
‘‘(i) personal, academic, and career counseling, as 
an ongoing part of the program; 
‘‘(ii) tutoring and academic skill-building instruc-
tion assistance, as needed; and 
‘‘(iii) assistance with special admissions and 
transfer of credit from previous postsecondary edu-
cation or experience. 
‘‘(C) Assistance in obtaining student financial aid. 
‘‘(D) Housing support for veteran students living in 
institutional facilities and commuting veteran students. 
‘‘(E) Cultural events, academic programs, orientation 
programs, and other activities designed to ease the transi-
tion to campus life for veteran students. 
‘‘(F) Support for veteran student organizations and vet-
eran student support groups on campus. 
‘‘(G) Coordination of academic advising and admissions 
counseling with military bases and national guard units 
in the area. 
‘‘(H) Other support services the institution determines 
to be necessary to ensure the success of veterans in 
achieving educational and career goals. 
‘‘(d) APPLICATION; SELECTION.—
H. R. 4137—353 
‘‘(1) APPLICATION.—To be considered for a grant under this 
section, an institution of higher education shall submit to the 
Secretary an application at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
‘‘(2) SELECTION
CONSIDERATIONS.—In awarding grants 
under this section, the Secretary shall consider— 
‘‘(A) the number of veteran students enrolled at an 
institution of higher education; and 
‘‘(B) the need for model programs to address the needs 
of veteran students at a wide range of institutions of higher 
education, including the need to provide— 
‘‘(i) an equitable distribution of such grants to 
institutions of higher education of various types and 
sizes; 
‘‘(ii) an equitable geographic distribution of such 
grants; and 
‘‘(iii) an equitable distribution of such grants 
among rural and urban areas. 
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Secretary 
shall develop an evaluation and accountability plan for model pro-
grams funded under this section to objectively measure the impact 
of such programs, including a measure of whether postsecondary 
education enrollment, persistence, and completion for veterans 
increases as a result of such programs. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART U—UNIVERSITY SUSTAINABILITY 
PROGRAMS 
‘‘SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts appropriated to carry 
out this section, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall 
make grants to eligible entities to establish sustainability pro-
grams to design and implement sustainability practices, 
including in the areas of energy management, greenhouse gas 
emissions reductions, green building, waste management, pur-
chasing, transportation, and toxics management, and other 
aspects of sustainability that integrate campus operations with 
multidisciplinary academic programs and are applicable to the 
private and government sectors. 
‘‘(2) PERIOD OF GRANT.—The provision of payments under 
a grant under paragraph (1) shall extend over a period of 
not more than four fiscal years. 
‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 
part, the term ‘eligible entity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) a nonprofit consortium, association, alliance, or 
collaboration operating in partnership with one or more 
institutions of higher education that received funds for 
the implementation of work associated with sustainability 
programs under this part. 
‘‘(b) APPLICATIONS.—
H. R. 4137—354 
‘‘(1) IN
GENERAL.—To receive a grant under subsection 
(a)(1), an eligible entity shall submit an application to the 
Secretary at such time, in such form, and containing such 
information as the Secretary may reasonably require. 
‘‘(2) ASSURANCES.—Such application shall include assur-
ances that the eligible entity— 
‘‘(A) has developed a plan, including an evaluation 
component, for the program component established pursu-
ant to subsection (c); 
‘‘(B) shall use Federal funds received from a grant 
under subsection (a) to supplement, not supplant, non- 
Federal funds that would otherwise be available for projects 
funded under this section; 
‘‘(C) shall provide, with respect to any fiscal year in 
which such entity receives funds from a grant under sub-
section (a)(1), non-Federal funds or an in-kind contribution 
in an amount equal to 20 percent of funds from such 
grant, for the purpose of carrying out the program compo-
nent established pursuant to subsection (c); and 
‘‘(D) shall collaborate with business, government, and 
the nonprofit sectors in the development and implementa-
tion of its sustainability plan. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) INDIVIDUAL INSTITUTIONS.—Grants made under sub-
section (a) may be used by an eligible entity that is an indi-
vidual institution of higher education for the following purposes: 
‘‘(A) To develop and implement administrative and 
operations practices at an institution of higher education 
that test, model, and analyze principles of sustainability. 
‘‘(B) To establish multidisciplinary education, research, 
and outreach programs at an institution of higher education 
that address the environmental, social, and economic 
dimensions of sustainability. 
‘‘(C) To support research and teaching initiatives that 
focus on multidisciplinary and integrated environmental, 
economic, and social elements. 
‘‘(D) To establish initiatives in the areas of energy 
management, greenhouse gas emissions reductions, green 
building, waste management, purchasing, toxics manage-
ment, transportation, and other aspects of sustainability. 
‘‘(E) To support student, faculty, and staff work at 
an institution of higher education to implement, research, 
and evaluate sustainable practices. 
‘‘(F) To expand sustainability literacy on campus. 
‘‘(G) To integrate sustainability curricula in all pro-
grams of instruction, particularly in business, architecture, 
technology, manufacturing, engineering, and science pro-
grams. 
‘‘(2) PARTNERSHIPS.—Grants made under subsection (a) 
may be used by an eligible entity that is a nonprofit consortium, 
association, alliance, or collaboration operating in partnership 
with one or more institutions of higher education for the fol-
lowing purposes: 
‘‘(A) To conduct faculty, staff and administrator 
training on the subjects of sustainability and institutional 
change.
H. R. 4137—355 
‘‘(B) To compile, evaluate, and disseminate best prac-
tices, case studies, guidelines and standards regarding 
sustainability. 
‘‘(C) To conduct efforts to engage external stakeholders 
such as business, alumni, and accrediting agencies in the 
process of building support for research, education, and 
technology development for sustainability. 
‘‘(D) To conduct professional development programs for 
faculty in all disciplines to enable faculty to incorporate 
sustainability content in their courses. 
‘‘(E) To create the analytical tools necessary for institu-
tions of higher education to assess and measure their indi-
vidual progress toward fully sustainable campus operations 
and fully integrating sustainability into the curriculum. 
‘‘(F) To develop educational benchmarks for institutions 
of higher education to determine the necessary rigor and 
effectiveness of academic sustainability programs. 
‘‘(d) REPORTS.—An eligible entity that receives a grant under 
subsection (a) shall submit to the Secretary, for each fiscal year 
in which the entity receives amounts from such grant, a report 
that describes the work conducted pursuant to subsection (c), 
research findings and publications, administrative savings experi-
enced, and an evaluation of the program. 
‘‘(e) ALLOCATION REQUIREMENT.—The Secretary may not make 
grants under subsection (a) to any eligible entity in a total amount 
that is less than $250,000 or more than $2,000,000. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART V—MODELING AND SIMULATION 
PROGRAMS 
‘‘SEC. 891. MODELING AND SIMULATION. 
‘‘(a) PURPOSE; DEFINITION.— 
‘‘(1) PURPOSE.—The purpose of this section is to promote 
the study of modeling and simulation at institutions of higher 
education, through the collaboration with new and existing 
programs, and specifically to promote the use of technology 
in such study through the creation of accurate models that 
can simulate processes or recreate real life, by— 
‘‘(A) establishing a task force at the Department of 
Education to raise awareness of and define the study of 
modeling and simulation; 
‘‘(B) providing grants to institutions of higher education 
to develop new modeling and simulation degree programs; 
and 
‘‘(C) providing grants for institutions of higher edu-
cation to enhance existing modeling and simulation degree 
programs. 
‘‘(2) DEFINITION.—In this section, the term ‘modeling and 
simulation’ means a field of study related to the application 
of computer science and mathematics to develop a level of 
understanding of the interaction of the parts of a system and 
of a system as a whole. 
‘‘(b) ESTABLISHMENT OF TASK FORCE.—
H. R. 4137—356 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary shall establish a task force within the 
Department to study modeling and simulation and to support 
the development of the modeling and simulation field. The 
activities of such task force shall include— 
‘‘(A) helping to define the study of modeling and sim-
ulation (including the content of modeling and simulation 
classes and programs); 
‘‘(B) identifying best practices for such study; 
‘‘(C) identifying core knowledge and skills that individ-
uals who participate in modeling and simulation programs 
should acquire; and 
‘‘(D) providing recommendations to the Secretary with 
respect to— 
‘‘(i) the information described in subparagraphs 
(A) through (C); and 
‘‘(ii) a system by which grants under this section 
will be distributed. 
‘‘(2) TASK
FORCE
MEMBERSHIP.—The membership of the 
task force under this subsection shall be composed of represent-
atives from— 
‘‘(A) institutions of higher education with established 
modeling and simulation degree programs; 
‘‘(B) the National Science Foundation; 
‘‘(C) Federal Government agencies that use modeling 
and simulation extensively, including the Department of 
Defense, the National Institutes of Health, the Department 
of Homeland Security, the Department of Health and 
Human Services, the Department of Energy, and the 
Department of Transportation; 
‘‘(D) private industries with a primary focus on mod-
eling and simulation; 
‘‘(E) national modeling and simulation organizations; 
and 
‘‘(F) the Office of Science and Technology Policy. 
‘‘(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS 
OF HIGHER EDUCATION.— 
‘‘(1) ENHANCEMENT GRANTS AUTHORIZED.— 
‘‘(A) IN
GENERAL.—The Secretary is authorized to 
award grants, on a competitive basis, to eligible institutions 
to enhance modeling and simulation degree programs at 
such eligible institutions. 
‘‘(B) DURATION
OF
GRANT.—A grant awarded under 
this subsection shall be awarded for a three-year period, 
and such grant period may be extended for not more than 
two years if the Secretary determines that an eligible 
institution has demonstrated success in enhancing the mod-
eling and simulation degree program at such eligible 
institution. 
‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the avail-
ability of appropriations, a grant awarded to an eligible 
institution under this subsection shall not be less than 
$750,000. 
‘‘(D) NON-FEDERAL
SHARE.—Each eligible institution 
receiving a grant under this subsection shall provide, from 
non-Federal sources, in cash or in-kind, an amount equal 
to 25 percent of the amount of the grant to carry out