I 
108TH CONGRESS 
2D SESSION 
H. R. 3948
To amend the Higher Education Act of 1965 by strengthening and expanding 
the Gaining Early Awareness and Readiness for Undergraduate Pro-
grams (GEAR UP) in order to facilitate the transition of low-income 
high school students into postsecondary education. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 11, 2004
Mr. FATTAH introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Higher Education Act of 1965 by strength-
ening and expanding the Gaining Early Awareness and 
Readiness for Undergraduate Programs (GEAR UP) in 
order to facilitate the transition of low-income high 
school students into postsecondary education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘GEAR UP & GO Act’’. 
(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal
SEC. 3. CONTINUING ELIGIBILITY. 
Section 404A (20 U.S.C. 1070a–21) is amended by 
adding at the end the following new subsection: 
‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 
shall not cease to be an eligible entity upon the expiration 
of any grant under this chapter (including a continuation 
award). The Secretary shall require any such entity seek-
ing a new grant to demonstrate the effectiveness of the 
prior programs under this chapter in its plan submitted 
under section 404C.’’. 
SEC. 4. FINANCIAL EDUCATION AND COUNSELING. 
Section 404D (20 U.S.C. 1070a–24) is amended—
(1) in subsection (a)(1)(B)(i), by inserting be-
fore the semicolon at the end the following: ‘‘, and 
counseling and education regarding financial cost re-
quirements for college’’; and 
(2) in subsection (b)(2)(A)(ii), by striking ‘‘ca-
reer mentoring’’ inserting ‘‘career planning and 
mentoring, academic counseling, and financial lit-
eracy, education, or counseling pertaining to the 
process of going to college’’. 
SEC. 5. SCHOLARSHIP COMPONENT. 
Section 404E(b)(2) (20 U.S.C. 1070a–25(b)(2)) is 
amended by inserting after ‘‘section 401 for such fiscal 
year’’ the following ‘‘, or $5,800, whichever is less’’.
SEC. 6. DUAL/CONCURRENT ENROLLMENT. 
(a) AMENDMENT.—Chapter 2 of part A of title IV 
is amended—
(1) by redesignating section 404G and 404H 
(20 U.S.C. 1070a–27) as sections 404H and 404I, 
respectively; and 
(2) by inserting after section 404F the fol-
lowing: 
‘‘SEC. 404G. DUAL/CONCURRENT ENROLLMENT. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is au-
thorized to carry out a program to be known as ‘GEAR 
UP & GO’, to provide growing opportunities for dual/con-
current enrollment, which shall be designed to provide low-
income high school students participating in GEAR UP 
partnerships or State programs the opportunity to enroll 
in college courses while still enrolled in high school. In 
such program, students shall not be required to apply for 
admission to the institution of higher education in order 
to participate, and may receive college credit. 
‘‘(b) STUDENT ELIGIBILITY.—For the purpose of 
this chapter, a student shall be eligible if the student is—
‘‘(1) is enrolled in GEAR UP partnerships or 
State programs; 
‘‘(2) is enrolled 10th, 11th, or 12th grade; and 
‘‘(3) has demonstrated academic readiness for 
college courses as determined by the applying entity.
‘‘(c) PERMISSIBLE SERVICES.—An entity receiving 
funding under this chapter may provide services such as—
‘‘(1) the offering of core nonremedial college 
courses as determined by the postsecondary institu-
tion in which participating students—
‘‘(A) receive instruction from a postsec-
ondary institution faculty member at the sec-
ondary site; 
‘‘(B) take courses from a postsecondary in-
stitution faculty member on-site at the postsec-
ondary institution; 
‘‘(C) receive college level instruction from 
high school faculty who hold the same creden-
tials as postsecondary faculty; and 
‘‘(D) enroll in an early college high school 
in which students may earn college credit 
through a coherent course of study leading to 
a postsecondary degree. 
‘‘(2) assistance with the selection of core non-
remedial college courses by students; 
‘‘(3) tutorial services pertaining to the core 
nonremedial college courses in which students are 
enrolled; and 
‘‘(4) purchasing books, supplies, and transpor-
tation.
‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA-
TIONS.—In approving applications for GEAR UP & GO 
under this chapter for any fiscal year, the Secretary 
shall—
‘‘(1) award funds under this program on an an-
nual basis and determine the average award; 
‘‘(2) take into consideration whether partici-
pating students in a dual/concurrent enrollment pro-
gram will receive college credit; 
‘‘(3) require an assurance that an entity apply-
ing for funding under this chapter meet the require-
ments of section 404A(c); and 
‘‘(4) not approve a plan unless such a plan—
‘‘(A) details the criteria used for deter-
mining student academic readiness or qualifica-
tions for participation in the dual/concurrent 
enrollment program; and 
‘‘(B) specifies the methods by which funds 
will be spent for carrying out the program. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to the sums authorized by section 404I, there are 
authorized to be appropriated to carry out this section 
$50,000,000 for fiscal year 2005 and such sums necessary 
for each of the 5 succeeding years.’’.
(b) CONFORMING AMENDMENTS.—Chapter 2 of part 
A of title IV is further amended by striking ‘‘section 
404H’’ each place it appears and inserting ‘‘section 404I’’. 
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST-
ANCE. 
Section 404H (20 U.S.C. 1070a–27), as redesignated 
by section 5(1) of this Act, is amended by adding at the 
end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—In order to assist 
current grantees in strengthening partnerships, leveraging 
resources, and sustaining programs, the Secretary shall 
award not more than 0.75 percent of the funds appro-
priated under section 404I for a fiscal year to the national 
education organization that has served as technical assist-
ance provider for this program.’’. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
Section 404I (20 U.S.C. 1070a–28), as redesignated 
by section 5(1) of this Act, is amended to read as follows: 
‘‘SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter $500,000,000 for fiscal year 2005 and such 
sums as may be necessary for each of the 5 succeeding 
fiscal years.’’.
Æ
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
SEC. 2. CONTINUUM OF SERVICES. 
(a) AWARDS.—Section 404A(b)(2)(B) (20 U.S.C. 
1070a–21(b)(2)(B)) is amended by inserting after 
‘‘through the completion of secondary school’’ the fol-
lowing: ‘‘or through the first year of attendance at a post-
secondary education institution’’. 
(b) COHORT
APPROACH.—Section 404B(g)(1)(B) 
(20 U.S.C. 1070a–22(g)(1)(B)) is amended by inserting 
after ‘‘through the 12th grade’’ the following ‘‘or through 
the first year of attendance at a postsecondary education 
institution to students in the participating grade level’’. 
(c) EARLY INTERVENTION.—
(1) USES OF FUNDS.—Section 404D(b)(2) (20 
U.S.C. 1070a–24(b)(2)) is amended by inserting 
after ‘‘through grade 12’’ the following: ‘‘or through 
the first year of attendance at a postsecondary edu-
cation institution’’. 
(2) PRIORITY STUDENTS.—Section 404D(c) is 
amended by inserting after ‘‘through grade 12’’ the 
following ‘‘or through the first year of attendance at 
a postsecondary education institution’’.
SEC. 3. CONTINUING ELIGIBILITY. 
Section 404A (20 U.S.C. 1070a–21) is amended by 
adding at the end the following new subsection: 
‘‘(d) CONTINUING ELIGIBILITY.—An eligible entity 
shall not cease to be an eligible entity upon the expiration 
of any grant under this chapter (including a continuation 
award). The Secretary shall require any such entity seek-
ing a new grant to demonstrate the effectiveness of the 
prior programs under this chapter in its plan submitted 
under section 404C.’’. 
SEC. 4. FINANCIAL EDUCATION AND COUNSELING. 
Section 404D (20 U.S.C. 1070a–24) is amended—
(1) in subsection (a)(1)(B)(i), by inserting be-
fore the semicolon at the end the following: ‘‘, and 
counseling and education regarding financial cost re-
quirements for college’’; and 
(2) in subsection (b)(2)(A)(ii), by striking ‘‘ca-
reer mentoring’’ inserting ‘‘career planning and 
mentoring, academic counseling, and financial lit-
eracy, education, or counseling pertaining to the 
process of going to college’’. 
SEC. 5. SCHOLARSHIP COMPONENT. 
Section 404E(b)(2) (20 U.S.C. 1070a–25(b)(2)) is 
amended by inserting after ‘‘section 401 for such fiscal 
year’’ the following ‘‘, or $5,800, whichever is less’’.
SEC. 6. DUAL/CONCURRENT ENROLLMENT. 
(a) AMENDMENT.—Chapter 2 of part A of title IV 
is amended—
(1) by redesignating section 404G and 404H 
(20 U.S.C. 1070a–27) as sections 404H and 404I, 
respectively; and 
(2) by inserting after section 404F the fol-
lowing: 
‘‘SEC. 404G. DUAL/CONCURRENT ENROLLMENT. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is au-
thorized to carry out a program to be known as ‘GEAR 
UP & GO’, to provide growing opportunities for dual/con-
current enrollment, which shall be designed to provide low-
income high school students participating in GEAR UP 
partnerships or State programs the opportunity to enroll 
in college courses while still enrolled in high school. In 
such program, students shall not be required to apply for 
admission to the institution of higher education in order 
to participate, and may receive college credit. 
‘‘(b) STUDENT ELIGIBILITY.—For the purpose of 
this chapter, a student shall be eligible if the student is—
‘‘(1) is enrolled in GEAR UP partnerships or 
State programs; 
‘‘(2) is enrolled 10th, 11th, or 12th grade; and 
‘‘(3) has demonstrated academic readiness for 
college courses as determined by the applying entity.
‘‘(c) PERMISSIBLE SERVICES.—An entity receiving 
funding under this chapter may provide services such as—
‘‘(1) the offering of core non-remedial college 
courses as determined by the post secondary institu-
tion in which participating students—
‘‘(A) receive instruction from a postsec-
ondary institution faculty member at the sec-
ondary site; 
‘‘(B) take courses from a postsecondary in-
stitution faculty member on-site at the postsec-
ondary institution; 
‘‘(C) receive college level instruction from 
high school faculty who hold the same creden-
tials as postsecondary faculty; and 
‘‘(D) enroll in an early college high school 
in which students may earn college credit 
through a coherent course of study leading to 
a postsecondary degree. 
‘‘(2) assistance with the selection of core non 
remedial college courses by students; 
‘‘(3) tutorial services pertaining to the core non 
remedial college courses in which students are en-
rolled; and 
‘‘(4) purchasing books, supplies, and transpor-
tation.
‘‘(d) REQUIREMENTS FOR APPROVAL OF APPLICA-
TIONS.—In approving applications for GEAR UP & GO 
under this chapter for any fiscal year, the Secretary 
shall—
‘‘(1) award funds under this program on an an-
nual basis and determine the average award; 
‘‘(2) take into consideration whether partici-
pating students in a dual/concurrent enrollment pro-
gram will receive college credit; 
‘‘(3) require an assurance that an entity apply-
ing for funding under this chapter meet the require-
ments of section 404A(c); and 
‘‘(4) not approve a plan unless such a plan—
‘‘(A) details the criteria used for deter-
mining student academic readiness or qualifica-
tions for participation in the dual/concurrent 
enrollment program; and 
‘‘(B) specifies the methods by which funds 
will be spent for carrying out the program. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to the sums authorized by section 404I, there are 
authorized to be appropriated to carry out this section 
$50,000,000 for fiscal year 2005 and such sums necessary 
for each of the 5 succeeding years.’’.
(b) CONFORMING AMENDMENTS.—Chapter 2 of part 
A of title IV is further amended by striking ‘‘section 
404H’’ each place it appears and inserting ‘‘section 404I’’. 
SEC. 7. EVALUATION, REPORT, AND TECHNICAL ASSIST-
ANCE. 
Section 404H (20 U.S.C. 1070a–27), as redesignated 
by section 5(1) of this Act, is amended by adding at the 
end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—In order to assist 
current grantees in strengthening partnerships, leveraging 
resources, and sustaining programs, the Secretary shall 
award not more than 0.75 percent of the funds appro-
priated under section 404I for a fiscal year to the national 
education organization that has served as technical assist-
ance provider for this program.’’. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
Section 404I (20 U.S.C. 1070a–28), as redesignated 
by section 5(1) of this Act, is amended to read as follows: 
‘‘SEC. 404I. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this chapter $500,000,000 for fiscal year 2005 and such 
sums as may be necessary for each of the 5 succeeding 
fiscal years.’’.
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