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a qualified teacher preparation program under 
section 252, and that is— 
‘‘(i) a part B institution (as defined in 
section 322); 
‘‘(ii) a Hispanic-serving institution (as 
defined in section 502); 
‘‘(iii) a Tribal College or University 
(as defined in section 316); 
‘‘(iv) an Alaska Native-serving institu-
tion (as defined in section 317(b)); 
‘‘(v) a Native Hawaiian-serving insti-
tution (as defined in section 317(b)); 
‘‘(vi) a Predominantly Black Institu-
tion (as defined in section 318(b)); 
‘‘(vii) an Asian American and Pacific 
Islander-serving institution (as defined in 
section 319(b)); or 
‘‘(viii) a Native American-serving non- 
tribal institution (as defined in section 
320(b)); 
‘‘(B) a consortium of institutions described 
in subparagraph (A); or 
‘‘(C) an institution described in subpara-
graph (A), or a consortium described in sub-
paragraph (B), in partnership with any other
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institution of higher education, but only if the 
center of excellence established under section 
262 is located at an institution described in 
subparagraph (A). 
‘‘(2) SCIENTIFICALLY
BASED
READING
RE-
SEARCH.—The term ‘scientifically based reading re-
search’ has the meaning given such term in section 
1208 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6368). 
‘‘SEC. 262. AUGUSTUS F. HAWKINS CENTERS OF EXCEL-
LENCE. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts 
appropriated to carry out this part, the Secretary is au-
thorized to award competitive grants to eligible institu-
tions to establish centers of excellence. 
‘‘(b) USE OF FUNDS.—Grants provided by the Sec-
retary under this subpart shall be used to ensure that cur-
rent and future teachers are highly qualified, by carrying 
out one or more of the following activities: 
‘‘(1) Implementing reforms within teacher prep-
aration programs to ensure that such programs are 
preparing teachers who are highly qualified, are able 
to understand scientifically valid research, and are 
able to use advanced technology effectively in the
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classroom, including use for instructional techniques 
to improve student academic achievement, by— 
‘‘(A) retraining or recruiting faculty; and 
‘‘(B) designing (or redesigning) teacher 
preparation programs that— 
‘‘(i) prepare teachers to serve in low- 
performing schools and close student 
achievement gaps, and are based on rig-
orous academic content, scientifically valid 
research (including scientifically based 
reading research), and challenging State 
student academic content standards; and 
‘‘(ii) promote strong teaching skills, 
as defined in section 200(b). 
‘‘(2) Providing sustained and high-quality pre- 
service clinical experience, including the mentoring 
of prospective teachers by exemplary teachers, sub-
stantially increasing interaction between faculty at 
institutions of higher education and new and experi-
enced teachers, principals, and other administrators 
at elementary schools or secondary schools, and pro-
viding support, including preparation time, for such 
interaction. 
‘‘(3) Developing and implementing initiatives to 
promote retention of highly qualified teachers and
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principals, including minority teachers and prin-
cipals, including programs that provide— 
‘‘(A) teacher or principal mentoring from 
exemplary teachers or principals; or 
‘‘(B) induction and support for teachers 
and principals during their first 3 years of em-
ployment as teachers or principals, respectively. 
‘‘(4) Awarding scholarships based on financial 
need to help students pay the costs of tuition, room, 
board, and other expenses of completing a teacher 
preparation program. 
‘‘(5) Disseminating information on effective 
practices for teacher preparation and successful 
teacher certification and licensure assessment prepa-
ration strategies. 
‘‘(6) Activities authorized under section 202. 
‘‘(c) APPLICATION.—Any eligible institution desiring 
a grant under this subpart shall submit an application to 
the Secretary at such a time, in such a manner, and ac-
companied by such information as the Secretary may re-
quire. 
‘‘(d) MINIMUM GRANT AMOUNT.—The minimum 
amount of each grant under this subpart shall be 
$500,000.
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‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
An eligible institution that receives a grant under this sub-
part may not use more than 2 percent of the grant funds 
for purposes of administering the grant. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
subpart. 
‘‘Subpart 4—Teach for America 
‘‘SEC. 271. TEACH FOR AMERICA. 
‘‘(a) DEFINITIONS.— 
‘‘(1) GRANTEE.—The term ‘grantee’ means 
Teach For America, Inc. 
‘‘(2) HIGH
NEED.—Notwithstanding section 
200(b), the term ‘high need’, when used with respect 
to a local educational agency, means a local edu-
cational agency experiencing a shortage of highly 
qualified teachers. 
‘‘(b) GRANTS AUTHORIZED.—The Secretary is au-
thorized to award a grant to Teach For America, Inc., 
the national teacher corps of outstanding recent college 
graduates who commit to teach for 2 years in underserved 
communities in the United States, to implement and ex-
pand its program of recruiting, selecting, training, and 
supporting new teachers.
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‘‘(c) REQUIREMENTS.—In carrying out the grant pro-
gram 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 subpart 
to— 
‘‘(1) provide highly qualified teachers to high 
need local educational agencies in urban and rural 
communities; 
‘‘(2) pay the costs of recruiting, selecting, train-
ing, and supporting new teachers; and 
‘‘(3) serve a substantial number and percentage 
of underserved students. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Grant funds provided 
under this subpart 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 pre-service training to such 
teachers through a rigorous summer institute 
that includes hands-on teaching experience and 
significant exposure to education course work 
and theory. 
‘‘(C) Placing such teachers in schools and 
positions designated by high need local edu-
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cational agencies as high need placements serv-
ing underserved students. 
‘‘(D) Providing ongoing professional devel-
opment activities for such teachers’ first 2 years 
in the classroom, including regular classroom 
observations and feedback, and ongoing train-
ing and support. 
‘‘(2) LIMITATION.—The grantee shall use all 
grant funds received under this subpart to support 
activities related directly to the recruitment, selec-
tion, training, and support of teachers as described 
in paragraph (1). 
‘‘(e) REPORTS AND EVALUATIONS.— 
‘‘(1) ANNUAL REPORT.—The grantee shall pro-
vide to the Secretary an annual report that in-
cludes— 
‘‘(A) data on the number and quality of 
the teachers provided to local educational agen-
cies through a grant under this subpart; 
‘‘(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 back-
ground of the teachers chosen, the training
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such teachers received, the placement sites of 
such teachers, the professional development of 
such teachers, and the retention of such teach-
ers. 
‘‘(2) STUDY.— 
‘‘(A) IN
GENERAL.—From funds appro-
priated under section 240, the Secretary shall 
provide for a study that examines the achieve-
ment levels of the students taught by the teach-
ers assisted under this subpart. 
‘‘(B) STUDENT
LEARNING
GAINS
COM-
PARED.—The study shall compare, within the 
same schools, the student learning gains made 
by students taught by teachers who are assisted 
under this subpart with the student learning 
gains made by students taught by teachers who 
are not assisted under this subpart. 
‘‘(3) REQUIREMENTS.—The Secretary shall 
provide for such a study not less than once every 3 
years, and each such study shall include multiple 
placement sites and multiple schools within place-
ment sites. 
‘‘(4) PEER
REVIEW
STANDARDS.—Each such 
study shall meet the peer review standards of the 
education research community. Further, the peer re-
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view standards shall ensure that reviewers have ex-
pertise in assessment systems, accountability, and 
instruction. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 
sums authorized to be appropriated by section 240, the 
amount authorized to be appropriated to carry out this 
section shall not exceed— 
‘‘(1) $20,000,000 for fiscal year 2009; 
‘‘(2) $25,000,000 for fiscal year 2010; and 
‘‘(3) such sums as may be necessary for each 
of the 3 succeeding fiscal years. 
‘‘Subpart 5—Early Childhood Education Professional 
Development and Career Task Force 
‘‘SEC. 281. PURPOSE. 
‘‘It is the purpose of this subpart— 
‘‘(1) to improve the quality of the early child-
hood education workforce by creating a statewide 
early childhood education professional development 
and career task force for early childhood education 
program staff, directors, and administrators; and 
‘‘(2) to create— 
‘‘(A) a coherent system of core com-
petencies, pathways to qualifications, creden-
tials, degrees, quality assurances, access, and 
outreach, for early childhood education program
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staff, directors, and administrators, that is 
linked to compensation commensurate with ex-
perience and qualifications; 
‘‘(B) articulation agreements that enable 
early childhood education professionals to tran-
sition easily among degrees; and 
‘‘(C) compensation initiatives for individ-
uals working in an early childhood education 
program that reflect the individuals’ credentials, 
degrees, and experience. 
‘‘SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION 
PROGRAM. 
‘‘In this subpart, the term ‘early childhood education 
program’ means— 
‘‘(1) a family child care program, center-based 
child care program, State prekindergarten program, 
or school-based program, that— 
‘‘(A) provides early childhood development 
and education; 
‘‘(B) is licensed or regulated by the State; 
and 
‘‘(C) serves children from birth to school 
entry; 
‘‘(2) a Head Start Program carried out under 
the Head Start Act;
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‘‘(3) an Early Head Start Program carried out 
under section 645A of the Head Start Act; or 
‘‘(4) a program authorized under section 619 or 
part C of the Individuals with Disabilities Education 
Act. 
‘‘SEC. 283. GRANTS AUTHORIZED. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award grants to States in accordance with the provisions 
of this subpart to enable such States— 
‘‘(1) to establish a State Task Force described 
in section 284; and 
‘‘(2) to support activities of the State Task 
Force described in section 285. 
‘‘(b) COMPETITIVE BASIS.—Grants under this sub-
part shall be awarded on a competitive basis. 
‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 
awarding grants under this subpart, the Secretary shall 
take into consideration providing an equitable geographic 
distribution of such grants. 
‘‘(d) DURATION.—Grants under this subpart shall be 
awarded for a period of 3 years. 
‘‘SEC. 284. STATE TASK FORCE ESTABLISHMENT. 
‘‘(a) STATE TASK FORCE ESTABLISHED.—The Gov-
ernor of a State receiving a grant under this subpart shall 
establish, or designate an existing entity to serve as, the
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State Early Childhood Education Professional Develop-
ment and Career Task Force (hereafter in this subpart 
referred to as the ‘State Task Force’). 
‘‘(b) MEMBERSHIP.—The State Task Force shall in-
clude a representative of a State educational agency, an 
institution of higher education (including an associate or 
a baccalaureate degree granting institution of higher edu-
cation), 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. 285. STATE TASK FORCE ACTIVITIES. 
‘‘(a) ACTIVITIES.—The State Task Force shall— 
‘‘(1) coordinate and communicate regularly with 
existing State Advisory Councils on Early Care and 
Education or a similar State entity charged with 
creating a comprehensive system of early care and 
education in the State (hereafter in this subpart re-
ferred to as ‘State Advisory Councils’) for the pur-
poses of— 
‘‘(A) 
integrating 
recommendations 
for 
early childhood professional development and 
career activities into the plans of the State Ad-
visory Council; and
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‘‘Subpart 6—Preparing General Education Teachers 
to More Effectively Educate Students With Dis-
abilities 
‘‘SEC. 291. TEACH TO REACH GRANTS. 
‘‘(a) AUTHORIZATION OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to award grants, on a competitive basis, to eligible 
partnerships to improve the preparation of general 
education teacher candidates to ensure that such 
teacher candidates possess the knowledge and skills 
necessary to effectively instruct students with dis-
abilities in their classrooms. 
‘‘(2) DURATION OF GRANTS.—A grant under 
this section shall be awarded for a period of five 
years. 
‘‘(3) NON-FEDERAL SHARE.—An eligible part-
nership that receives a grant under this section shall 
provide not less than 25 percent of the cost of the 
activities carried out with such grant from non-Fed-
eral sources, which may be provided in cash or in 
kind. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In 
this section, the term ‘eligible partnership’ is a partnership 
that— 
‘‘(1) shall include—
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•HR 4137 EH2S 
‘‘(A) one or more departments or programs 
at an institution of higher education— 
‘‘(i) that prepare elementary or sec-
ondary general education teachers; 
‘‘(ii) that have a program of study 
that leads to an undergraduate degree, a 
master’s degree, or completion of a post- 
baccalaureate program required for teacher 
certification; and 
‘‘(iii) the graduates of which are high-
ly qualified, as defined in section 9101 of 
the Elementary and Secondary Education 
Act of 1965; 
‘‘(B) a department or program of special 
education at an institution of higher education; 
and 
‘‘(C) a high-need local educational agency; 
and 
‘‘(2) may include a department or program of 
mathematics, earth or physical science, foreign lan-
guage, or other departments at the institution that 
have a role in preparing teachers. 
‘‘(c) REQUIRED ACTIVITIES.—An eligible partnership 
that receives a grant under this section shall use the grant 
funds to—
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•HR 4137 EH2S 
‘‘(1) develop or strengthen an undergraduate, 
post-baccalaureate, or master’s teacher preparation 
program by integrating special education strategies 
into the general education curriculum and academic 
content; 
‘‘(2) provide teacher candidates participating in 
the program under paragraph (1) with skills related 
to— 
‘‘(A) response to intervention, positive be-
havioral supports, differentiated instruction, 
and data driven instruction; 
‘‘(B) developing and administering alter-
nate assessments of students with disabilities; 
‘‘(C) determining and utilizing accom-
modations for instruction and assessments; 
‘‘(D) collaborating with special educators, 
related services providers, and parents, includ-
ing participation in Individualized Education 
Program development and implementation; and 
‘‘(E) utilizing technology and assistive 
technology for students with disabilities; and 
‘‘(3) provide extensive clinical experience for 
such participants, with mentoring and induction 
support throughout the program that continues dur-
ing the first year of full-time teaching.
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•HR 4137 EH2S 
‘‘(d) APPLICATION.—An eligible partnership seeking 
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. 
Such application shall include— 
‘‘(1) A self-assessment by the eligible partner-
ship of the existing teacher preparation program at 
the institution of higher education and needs related 
to preparing general education teacher candidates to 
instruct students with disabilities. 
‘‘(2) An assessment of the existing personnel 
needs for general education teachers who instruct 
students with disabilities, performed by the local 
educational agency in which most graduates of the 
teacher preparation program are likely to teach after 
completion of the program under subsection (c)(1). 
‘‘(e) PEER REVIEW.—The Secretary shall convene a 
peer review committee to review applications for grants 
under this section and to make recommendations to the 
Secretary regarding the selection of grantees. Members of 
the peer review committee shall be recognized experts in 
the fields of special education, teacher preparation, and 
general education, and shall not be in a position to benefit 
financially from any grants awarded under this section. 
‘‘(f) EVALUATIONS.—
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‘‘(1) BY THE PARTNERSHIP.—An eligible part-
nership receiving a grant under this section shall 
conduct an evaluation at the end of the grant period 
to determine the effectiveness of the general edu-
cation teachers who completed a program under sub-
section (c)(1) at instruction of students with disabil-
ities in general education classrooms, and the sys-
temic impact of the activities carried out by such 
grant on how each institution of higher education 
that is a member of the partnership prepares teach-
ers for instruction in elementary and secondary 
schools. Each eligible partnership performing an 
evaluation under this paragraph shall report the 
findings of such evaluation to the Secretary. 
‘‘(2) REPORT BY THE SECRETARY.—Not later 
than 180 days after the last day of the grant period 
under this section, the Secretary shall make avail-
able to Congress and the public the findings of the 
evaluations submitted under paragraph (1), and in-
formation on best practices related to effective in-
struction of students with disabilities in general edu-
cation classrooms.’’.
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•HR 4137 EH2S 
SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF 
BEST PRACTICES IN TEACHER PREPARATION. 
(a) IN GENERAL.—The Secretary shall enter into a 
contract with the National Academy of Sciences to con-
duct a 2-year study to develop suggested best practices 
in teacher preparation for departments, schools, and col-
leges of education. Such best practices shall include rec-
ommendations to improve teaching skills, including skills 
related to working with diverse populations. 
(b) BEST RESEARCH; SUGGESTED TRAINING.—The 
suggested best practices developed under subsection (a) 
shall reflect the best research into how students learn and 
on the content-specific methods shown to be effective with 
students, including examining how children learn. The 
suggested best practices shall include suggested training 
for general and special education teachers in working with 
diverse populations, utilizing the principles of universal de-
sign for learning, assessments in the classroom, and class-
room management. 
(c) COLLABORATION.— 
(1) IN
GENERAL.—In conducting the study 
under subsection (a), the National Academy of 
Sciences shall collaborate with interested parties in 
developing the suggested best practices. 
(2) INTERESTED PARTIES.—In this subsection, 
the term ‘‘interested parties’’ means—
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•HR 4137 EH2S 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘351’’ 
and inserting ‘‘391’’; and 
(B) in paragraph (3)(F), by inserting ‘‘, 
including services that will assist in the edu-
cation of special populations’’ before the period; 
and 
(2) in subsection (c)— 
(A) in paragraph (6), by inserting ‘‘, in-
cluding 
innovative, 
customized, 
instruction 
courses designed to help retain students and 
move the students rapidly into core courses and 
through program completion’’ before the period; 
(B) 
by 
redesignating 
paragraphs 
(7) 
through (12) as paragraphs (8) through (13), 
respectively; 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) Education or counseling services designed 
to improve the financial literacy and economic lit-
eracy of students or the students’ parents.’’; 
(D) in paragraph (12) (as redesignated by 
subparagraph (B)), by striking ‘‘distance learn-
ing academic instruction capabilities’’ and in-
serting ‘‘distance education technologies’’; and
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•HR 4137 EH2S 
(E) in the matter preceding subparagraph 
(A) of paragraph (13) (as redesignated by sub-
paragraph (B)), by striking ‘‘subsection (c)’’ 
and inserting ‘‘subsection (b) and section 391’’. 
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIB-
ALLY CONTROLLED COLLEGES AND UNIVER-
SITIES. 
(a) ELIGIBLE INSTITUTIONS.—Section 316(b)(3) (20 
U.S.C. 1059c(b)(3)) is amended to read as follows: 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ means an institu-
tion that— 
‘‘(A) qualifies for funding under the Trib-
ally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1801 et seq.) or the 
Navajo Community College Assistance Act (25 
U.S.C. 640a note); or 
‘‘(B) is cited in section 532 of the Equity 
in Educational Land Grant Status Act of 1994 
(7 U.S.C. 301 note).’’. 
(b) DISTANCE
LEARNING.—Section 316(c)(2) is 
amended— 
(1) by amending subparagraph (B) to read as 
follows:
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•HR 4137 EH2S 
‘‘(B) construction, maintenance, renova-
tion, and improvement in classrooms, libraries, 
laboratories, and other instructional facilities, 
including purchase or rental of telecommuni-
cations technology equipment or services, and 
the acquisition of real property adjacent to the 
campus of the institution on which to construct 
such facilities;’’; 
(2) in subparagraph (C), by inserting before the 
semicolon at the end the following: ‘‘, or advanced 
degrees in tribal governance or tribal public policy’’; 
(3) in subparagraph (D), by inserting before 
the semicolon at the end the following: ‘‘, and in 
tribal governance or tribal public policy’’; 
(4) by striking ‘‘and’’ at the end of subpara-
graph (K); 
(5) by redesignating subparagraph (L) as sub-
paragraph (M); and 
(6) by inserting after subparagraph (K) the fol-
lowing new subparagraph: 
‘‘(L) developing or improving facilities for 
Internet use or other distance learning aca-
demic instruction capabilities; and’’. 
(c) APPLICATION AND ALLOTMENT.—Section 316(d) 
is amended to read as follows:
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•HR 4137 EH2S 
‘‘(d) APPLICATION AND ALLOTMENT.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi-
ble to receive assistance under this section, a Tribal 
College or University shall be an eligible institution 
under section 312(b). 
‘‘(2) APPLICATION.—Any Tribal College or Uni-
versity desiring to receive assistance under this sec-
tion shall submit an application to the Secretary at 
such time, and in such manner, as the Secretary 
may reasonably require. 
‘‘(3) MINIMUM
GRANT.—Notwithstanding sec-
tion 399(c), the amount allotted to each institution 
under this section shall not be less than $500,000. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) CONCURRENT
FUNDING.—For the 
purposes of this part, no Tribal College or Uni-
versity that is eligible for and receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section.’’.
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(d) ALLOCATION OF FUNDS.—Section 316 is further 
amended by adding at the end the following new sub-
sections: 
‘‘(e) CONSTRUCTION GRANTS.— 
‘‘(1) IN
GENERAL.—Of the amount appro-
priated to carry out this section for any fiscal year, 
beginning with fiscal year 2009, the Secretary may 
reserve 30 percent of such amount for the purpose 
of awarding 1-year grants of not less than 
$1,000,000 to address construction, maintenance, 
and renovation needs at eligible institutions. 
‘‘(2) PREFERENCE.—In providing grants under 
paragraph (1) for any fiscal year, the Secretary shall 
give preference to eligible institutions that have not 
received an award under this section for a previous 
fiscal year. 
‘‘(f) ALLOTMENT OF REMAINING FUNDS.—The Sec-
retary shall distribute any funds appropriated to carry out 
this section for any fiscal year that remain available after 
the Secretary has awarded grants under subsection (e), 
to each eligible institution as follows: 
‘‘(1) 60 percent of the remaining appropriated 
funds shall be distributed among the eligible Tribal 
Colleges and Universities on a pro rata basis, based 
on the respective Indian student counts (as defined
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•HR 4137 EH2S 
in section 2(a) of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 
1801(a)) of the Tribal Colleges and Universities; 
and 
‘‘(2) the remaining 40 percent shall be distrib-
uted in equal shares to the eligible Tribal Colleges 
and Universities.’’. 
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 317 (20 U.S.C. 1059d) the following new section: 
‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
assist Predominantly Black Institutions in expanding edu-
cational opportunity through a program of Federal assist-
ance. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) PREDOMINANTLY BLACK INSTITUTION.— 
The term ‘Predominantly Black Institution’ means 
an institution of higher education— 
‘‘(A) that is an eligible institution (as de-
fined in paragraph (5)(A) of this subsection) 
with a minimum of 1,000 undergraduate stu-
dents; 
‘‘(B) at which at least 50 percent of the 
undergraduate students enrolled at the institu-
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•HR 4137 EH2S 
tion are low-income individuals or first-genera-
tion college students (as that term is defined in 
section 402A(g)); and 
‘‘(C) at which at least 50 percent of the 
undergraduate students are enrolled in an edu-
cational program leading to a bachelor’s or as-
sociate’s degree that the institution is licensed 
to award by the State in which it is located. 
‘‘(2) LOW-INCOME
INDIVIDUAL.—The term 
‘low-income individual’ has the meaning given such 
term in section 402A(g). 
‘‘(3) MEANS-TESTED FEDERAL BENEFIT PRO-
GRAM.—The term ‘means-tested Federal benefit pro-
gram’ means a program of the Federal Government, 
other than a program under title IV, in which eligi-
bility for the programs’ benefits, or the amount of 
such benefits, or both, are determined on the basis 
of income or resources of the individual or family 
seeking the benefit. 
‘‘(4) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia. 
‘‘(5) OTHER
DEFINITIONS.—For purposes of 
this section, the terms defined by section 312 have 
the meanings provided by that section, except as fol-
lows:
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‘‘(A) ELIGIBLE INSTITUTION.— 
‘‘(i) The term ‘eligible institution’ 
means an institution of higher education 
that— 
‘‘(I) has an enrollment of needy 
undergraduate students as required 
and defined by subparagraph (B); 
‘‘(II) except as provided in sec-
tion 392(b), the average educational 
and general expenditure of which are 
low, per full-time equivalent under-
graduate student in comparison with 
the average educational and general 
expenditure per full-time equivalent 
undergraduate student of institutions 
that offer similar instruction; 
‘‘(III) has an enrollment of un-
dergraduate students that is at least 
40 percent Black American students; 
‘‘(IV) is legally authorized to pro-
vide, and provides within the State, 
an educational program for which the 
institution awards a bachelors degree, 
or in the case of a junior or commu-
nity college, an associate’s degree;
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•HR 4137 EH2S 
‘‘(V) is accredited by a nationally 
recognized accrediting agency or asso-
ciation determined by the Secretary to 
be a reliable authority as to the qual-
ity of training offered, or is, according 
to such an agency or association, 
making reasonable progress toward 
accreditation; and 
‘‘(VI) is not receiving assistance 
under part B of this title. 
‘‘(ii) In awarding grants under this 
section the Secretary shall give priority to 
Predominantly Black Institutions with 
large numbers or percentages of students 
described in clause (i)(II) or clause (i)(III). 
The level of priority given to Predomi-
nantly Black Institutions with large num-
bers or percentages of students described 
in paragraph (1)(B) shall be twice the level 
of priority given to Predominantly Black 
Institutions with large numbers or percent-
ages of students described in paragraph 
(1)(C). 
‘‘(B) 
ENROLLMENT
OF
NEEDY
STU-
DENTS.—The term ‘enrollment of needy stu-
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•HR 4137 EH2S 
dents’ means the enrollment at an eligible insti-
tution with respect to which at least 50 percent 
of the undergraduate students enrolled in an 
academic program leading to a degree— 
‘‘(i) in the second fiscal year pre-
ceding the fiscal year for which the deter-
mination is made, were Pell Grant recipi-
ents in such year; 
‘‘(ii) come from families that receive 
benefits under a means-tested Federal ben-
efits program (as defined in paragraph 
(3)); 
‘‘(iii) attended a secondary school that 
was a high-need school during any year of 
such attendance; or 
‘‘(iv) are ‘first-generation college stu-
dents’ as that term is defined in section 
402A(g), and a majority of such first-gen-
eration college students are low-income in-
dividuals. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded pursuant to subsection (d) shall be 
used by Predominantly Black Institutions—
239 
•HR 4137 EH2S 
‘‘(A) to assist the institution to plan, de-
velop, undertake, and implement programs to 
enhance the institution’s capacity to serve more 
low- and middle-income Black American stu-
dents; 
‘‘(B) to expand higher education opportu-
nities for title IV eligible students by encour-
aging college preparation and student persist-
ence in secondary and postsecondary education; 
and 
‘‘(C) to strengthen the institution’s finan-
cial ability to serve the academic needs of the 
students described in subparagraphs (A) and 
(B). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Grants made 
to an institution under subsection (d) shall be used 
for one or more of the following activities: 
‘‘(A) The activities described in section 
311(c)(1) through (11). 
‘‘(B) Academic instruction in disciplines in 
which Black Americans are underrepresented. 
‘‘(C) Establishing or enhancing a program 
of teacher education designed to qualify stu-
dents to teach in a public elementary or sec-
ondary school in the State that shall include, as
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•HR 4137 EH2S 
part of such program, preparation for teacher 
certification. 
‘‘(D) Establishing community outreach 
programs which will encourage elementary and 
secondary students to develop the academic 
skills and the interest to pursue postsecondary 
education. 
‘‘(E) Other activities proposed in the appli-
cation submitted pursuant to subsection (e) 
that— 
‘‘(i) contribute to carrying out the 
purposes of this section; and 
‘‘(ii) are approved by the Secretary as 
part of the review and acceptance of such 
application. 
‘‘(3) ENDOWMENT FUND.— 
‘‘(A) 
IN
GENERAL.—A 
Predominantly 
Black Institution may use not more than 20 
percent of the grant funds provided under this 
section to establish or increase an endowment 
fund at the institution. 
‘‘(B) MATCHING REQUIREMENT.—In order 
to be eligible to use grant funds in accordance 
with subparagraph (A), the Predominantly 
Black Institution shall provide matching funds
241 
•HR 4137 EH2S 
from non-Federal sources, in an amount equal 
to or greater than the Federal funds used in ac-
cordance with subparagraph (A), for the estab-
lishment or increase of the endowment fund. 
‘‘(C) COMPARABILITY.—The provisions of 
part C regarding the establishment or increase 
of an endowment fund, that the Secretary de-
termines are not inconsistent with this sub-
section, shall apply to funds used under sub-
paragraph (A). 
‘‘(4) LIMITATION.—Not more than 50 percent 
of the allotment of any Predominantly Black Institu-
tion may be available for the purpose of constructing 
or maintaining a classroom, library, laboratory, or 
other instructional facility. 
‘‘(d) ALLOTMENTS TO PREDOMINANTLY BLACK IN-
STITUTIONS.— 
‘‘(1) ALLOTMENT: PELL GRANT BASIS.—From 
the amount appropriated to carry out this section 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-half that amount as the 
number of Pell Grant recipients in attendance at 
such institution at the end of the academic year pre-
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•HR 4137 EH2S 
ceding the beginning of that fiscal year bears to the 
total number of Pell Grant recipients at all institu-
tions eligible under this section. 
‘‘(2) ALLOTMENT: GRADUATES
BASIS.—From 
the amount appropriated to carry out this section 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-fourth that amount as 
the number of graduates for such year at such insti-
tution bears to the total number of graduates for 
such year at all intuitions eligible under this section. 
‘‘(3) ALLOTMENT: 
GRADUATES
SEEKING
A 
HIGHER DEGREE BASIS.—From the amount appro-
priated to carry out this section for any fiscal year, 
the Secretary shall allot to each Predominantly 
Black Institution having an application approved 
under subsection (e) a sum which bears the same 
ratio to one-fourth of that amount as the percentage 
of graduates per institution who, within 2 years of 
graduation with an associates degree or a bacca-
laureate degree, are admitted to and in attendance 
at, either a baccalaureate degree-granting institution 
or a graduate or professional school in a degree pro-
gram in disciplines in which Black American stu-
243 
•HR 4137 EH2S 
dents are underrepresented, bears to the percentage 
of such graduates per institution for all eligible insti-
tutions. 
‘‘(4) MINIMUM
ALLOTMENT.—(A) Notwith-
standing paragraphs (1), (2), and (3) of this sub-
section and section 399(c), the amount allotted to 
each Predominantly Black Institution under this sec-
tion shall not be less than $250,000. 
‘‘(B) If the amount appropriated pursuant to 
section 399 for any fiscal year is not sufficient to 
pay the minimum allotment, the amount of such 
minimum allotment shall be ratably reduced. If addi-
tional sums become available for such fiscal year, 
such reduced allocation shall be increased on the 
same basis as it was reduced until the amount allot-
ted equals the minimum allotment required by sub-
paragraph (A). 
‘‘(5) REALLOTMENT.—The amount of a Pre-
dominantly Black Institution’s allotment under para-
graph (1), (2), (3), or (4) for any fiscal year, which 
the Secretary determines will not be required for 
such institution for the period such allotment is 
available, shall be available for reallotment to other 
Predominantly Black Institutions in proportion to 
the original allotment to such other institutions
244 
•HR 4137 EH2S 
under this section for such fiscal year. The Secretary 
shall reallot such amounts from time to time, on 
such date and during such period as the Secretary 
deems appropriate. 
‘‘(e) APPLICATIONS.—No Predominantly Black Insti-
tution shall be entitled to its allotment of Federal funds 
for any grant under subsection (d) for any period unless 
the institution submits an application to the Secretary at 
such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably re-
quire. 
‘‘(f) APPLICATION REVIEW PROCESS.—Section 393 
shall not apply to applications under this section. 
‘‘(g) PROHIBITION.—No Predominantly Black Insti-
tution that applies for and receives a grant under this sec-
tion may apply for or receive funds under any other pro-
gram under this part or part B of this title. 
‘‘(h) DURATION AND CARRYOVER.—Any funds paid 
to a Predominantly Black Institution under this section 
and not expended or used for the purposes for which the 
funds were paid within 10 years following the date of the 
grant awarded to such institution under this section shall 
be repaid to the Treasury of the United States.’’.
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•HR 4137 EH2S 
SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND NATIVE 
AMERICAN PACIFIC ISLANDER-SERVING IN-
STITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 318 (as added by section 303 of this Act) the fol-
lowing new section: 
‘‘SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PA-
CIFIC ISLANDER-SERVING INSTITUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Asian American 
and Native American Pacific Islander-serving institutions 
to enable such institutions to improve and expand their 
capacity to serve Asian Americans and Native American 
Pacific Islanders. 
‘‘(b) DEFINITIONS.—For the purpose of this sec-
tion— 
‘‘(1) the term ‘Asian American’ has the mean-
ing given the term Asian in the Office of Manage-
ment and Budget’s Standards for Maintaining, Col-
lecting, and Presenting Federal Data on Race and 
Ethnicity as published on October 30, 1997 (62 
Fed. Reg. 58789); 
‘‘(2) the term ‘Native American Pacific Is-
lander’ means any descendant of the aboriginal peo-
ple of any island in the Pacific Ocean that is a terri-
tory or possession of the United States;
246 
•HR 4137 EH2S 
‘‘(3) the term ‘Asian American and Native 
American Pacific Islander-serving institution’ means 
an institution of higher education that— 
‘‘(A) is an eligible institution under section 
312(b); and 
‘‘(B) at the time of application, has an en-
rollment of undergraduate students that is at 
least 10 percent Asian American and Native 
American Pacific Islander students; and 
‘‘(4) the term ‘low-income individual’ means an 
individual from a family whose taxable income for 
the preceding year did not exceed 150 percent of an 
amount equal to the poverty level determined by 
using criteria of poverty established by the Bureau 
of the Census. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Asian American and Native American Pacific Is-
lander-serving institutions to assist such institutions 
to plan, develop, undertake, and carry out activities 
to improve and expand such institutions’ capacity to 
serve Asian Americans and Native American Pacific 
Islanders.
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•HR 4137 EH2S 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) purchase, rental, or lease of scientific 
or laboratory equipment for educational pur-
poses, including instructional and research pur-
poses; 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist in attaining advanced degrees in the fac-
ulty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) purchase of library books, periodicals, 
microfilm, and other educational materials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) joint use of facilities such as labora-
tories and libraries; 
‘‘(H) academic tutoring and counseling 
programs and student support services;
249 
•HR 4137 EH2S 
American Pacific Islander-serving institution as de-
fined in subsection (b), along with such other infor-
mation and data as the Secretary may require. 
‘‘(2) APPLICATIONS.—Any institution which is 
determined by the Secretary to be an Asian Amer-
ican and Native American Pacific Islander-serving 
institution may submit an application for assistance 
under this section to the Secretary. Such application 
shall include— 
‘‘(A) a 5-year plan for improving the as-
sistance provided by the Asian American and 
Native American Pacific Islander-serving insti-
tution to Asian American and Native American 
Pacific Islander students; and 
‘‘(B) such other information and assurance 
as the Secretary may require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Asian American 
and Native American Pacific Islander-serving 
institution that receives funds under this sec-
tion shall concurrently receive funds under 
other provisions of this part or part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section.
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•HR 4137 EH2S 
‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall— 
‘‘(i) to the extent possible and con-
sistent with the competitive process under 
which such grants are awarded, ensure 
maximum 
and 
equitable 
distribution 
among all eligible institutions; and 
‘‘(ii) give priority consideration to in-
stitutions that serve a significant percent-
age of Asian American and Native Amer-
ican Pacific Islander students who are low- 
income individuals.’’. 
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
(a) GRANT PROGRAM AUTHORIZED.—Part A of title 
III (20 U.S.C. 1057 et seq.) is amended by adding after 
section 319 (as added by section 304 of this Act) the fol-
lowing new section: 
‘‘SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Native American- 
serving, nontribal institutions to enable such institutions 
to improve and expand their capacity to serve Native 
Americans.
251 
•HR 4137 EH2S 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) NATIVE
AMERICAN.—The term ‘Native 
American’ means an individual who is of a tribe, 
people, or culture that is indigenous to the United 
States. 
‘‘(2) NATIVE
AMERICAN-SERVING, NONTRIBAL 
INSTITUTION.—The term ‘Native American-serving, 
nontribal institution’ means an institution of higher 
education that, at the time of application— 
‘‘(A) has an enrollment of undergraduate 
students that is not less than 10 percent Native 
American students; and 
‘‘(B) is not a Tribal College or University 
(as defined in section 316). 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Native American-serving, nontribal institutions to 
assist such institutions to plan, develop, undertake, 
and carry out activities to improve and expand such 
institutions’ capacity to serve Native Americans. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) the purchase, rental, or lease of sci-
entific or laboratory equipment for educational
252 
•HR 4137 EH2S 
purposes, including instructional and research 
purposes; 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist faculty in attaining advanced degrees in the 
faculty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) the purchase of library books, peri-
odicals, microfilm, and other educational mate-
rials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) the joint use of facilities such as lab-
oratories and libraries; and 
‘‘(H) academic tutoring and counseling 
programs and student support services. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL
ELIGIBILITY.—A Native 
American-serving, nontribal institution desiring to 
receive assistance under this section shall submit to
253 
•HR 4137 EH2S 
the Secretary such enrollment data as may be nec-
essary to demonstrate that the institution is a Na-
tive American-serving, nontribal institution, along 
with such other information and data as the Sec-
retary may by regulation require. 
‘‘(2) APPLICATIONS.— 
‘‘(A) PERMISSION
TO
SUBMIT
APPLICA-
TIONS.—Any institution that is determined by 
the Secretary to be a Native American-serving, 
nontribal institution may submit an application 
for assistance under this section to the Sec-
retary. 
‘‘(B) SIMPLIFIED AND STREAMLINED FOR-
MAT.—The Secretary shall, to the extent pos-
sible, prescribe a simplified and streamlined for-
mat for applications under this section that 
takes into account the limited number of insti-
tutions that are eligible for assistance under 
this section. 
‘‘(C) CONTENT.—An application submitted 
under subparagraph (A) shall include— 
‘‘(i) a 5-year plan for improving the 
assistance provided by the Native Amer-
ican-serving, nontribal institution to Native 
Americans; and
254 
•HR 4137 EH2S 
‘‘(ii) such other information and as-
surances as the Secretary may require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Native American- 
serving, nontribal institution that receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section. 
‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall, to the 
extent possible and consistent with the competi-
tive process under which such grants are 
awarded, ensure maximum and equitable dis-
tribution among all eligible institutions.’’. 
SEC. 306. STRENGTHENING HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES. 
(a) DEFINITIONS.—Section 322(4) (20 U.S.C. 
1061(4)) is amended by inserting after ‘‘the Secretary’’ 
the following: ‘‘, in consultation with the Commissioner of 
the National Center for Education Statistics,’’. 
(b) AUTHORIZED ACTIVITIES.—Section 323(a) (20 
U.S.C. 1062(a)) is amended—
255 
•HR 4137 EH2S 
(1) by redesignating paragraph (12) as para-
graph (15); and 
(2) by inserting after paragraph (11) the fol-
lowing new paragraphs: 
‘‘(12) Acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities. 
‘‘(13) Education or financial information de-
signed to improve the financial literacy and economic 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV. 
‘‘(14) Technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(c) ALLOTMENTS.— 
(1) MINIMUM ALLOTMENT.—Subsection (d) of 
section 324 (20 U.S.C. 1063(d)) is amended to read 
as follows: 
‘‘(d) MINIMUM ALLOTMENT.—(1) If an otherwise eli-
gible part B institution did not enroll any Pell Grant re-
cipients, or did not graduate any students in the previous
256 
•HR 4137 EH2S 
academic year, or where appropriate, send any such grad-
uates on to graduate or first-professional degree study, the 
institution shall not receive a grant under this part. 
‘‘(2) If the data provided by an eligible institution, 
pursuant to this section, is insufficient to justify an award 
in excess of $500,000, the otherwise eligible institution 
shall receive an allotment of $500,000, except that the 
Secretary shall not make an award of $500,000 if the 
amount determined based upon the formulas using sub-
section (b), (c), and (d) would be less than $250,000. If 
the amount determined by the formula would be less than 
$250,000, the Secretary shall award the minimum allot-
ment of $250,000.’’. 
(2) CONDITION
FOR
ALLOTMENTS.—Section 
324 (20 U.S.C. 1063) is further amended by adding 
at the end the following new subsection: 
‘‘(h) CONDITIONS FOR ALLOTMENTS.—No institution 
shall receive an allotment under this section unless the in-
stitution provides data, required by the Secretary con-
sistent with the formula in subsections (a) through (c), 
including the number of Pell Grant recipients enrolled in 
the previous award year; the number of students who 
earned an associate or baccalaureate degree in the pre-
vious academic year; and, when appropriate, the percent-
age of graduates who, within the past five years, enrolled
257 
•HR 4137 EH2S 
in a graduate or first-professional degree program. No in-
stitution shall receive an allotment, including the min-
imum allotment under subsection (d), unless the institu-
tion provides the data required of that institution by the 
Secretary.’’. 
(d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 
(1) DURATION OF GRANT.—Section 326(b) (20 
U.S.C. 1063b(b)) is amended by adding at the end 
the following new sentence: ‘‘Any funds awarded for 
such five-year grant period that are obligated during 
such five-year period may be expended during the 
10-year period beginning on the first day of such 
five-year period.’’. 
(2) AUTHORIZED ACTIVITIES.—Section 326(c) 
(20 U.S.C. 1063b(c)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (6); 
(B) by striking the period at the end of 
paragraph (7) and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(8) acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities;
258 
•HR 4137 EH2S 
‘‘(9) education or financial information de-
signed to improve the financial literacy and economic 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV; and 
‘‘(10) technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(3) 
ELIGIBILITY.—Section 
326(e)(1) 
(20 
U.S.C. 1063b(e)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (Q); 
(B) by striking the period at the end of 
subparagraph (R) and inserting a semicolon; 
and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(S) Alabama State University qualified 
graduate programs; 
‘‘(T) Bowie State University qualified 
graduate programs;
259 
•HR 4137 EH2S 
‘‘(U) Delaware State University qualified 
graduate programs; 
‘‘(V) Langston University qualified grad-
uate programs; 
‘‘(W) Prairie View A&M University quali-
fied graduate programs; and 
‘‘(X) University of the District of Colum-
bia David A. Clarke School of Law.’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended— 
(A) by striking ‘‘1998’’ and inserting 
‘‘2008’’; and 
(B) by striking ‘‘(Q) and (R)’’ and insert-
ing ‘‘(S) through (X)’’. 
(5) 
PRESERVATION
OF
FUNDING.—Section 
326(f) (20 U.S.C. 1063b(f)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘$26,600,000’’ and in-
serting ‘‘$54,500,000’’; and 
(ii) by striking ‘‘(P)’’ and inserting 
‘‘(R)’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘$26,600,000, but not 
in excess of $28,600,000’’ and inserting
260 
•HR 4137 EH2S 
‘‘$54,500,000, but not in excess of 
$60,500,000’’; and 
(ii) by striking ‘‘subparagraphs (Q) 
and (R)’’ and inserting ‘‘subparagraphs 
(S) through (X)’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘$28,600,000’’ and in-
serting ‘‘$60,500,000’’; and 
(ii) by striking ‘‘(R)’’ and inserting 
‘‘(X)’’. 
(e) UNEXPENDED
FUNDS.—Section 327(b) (20 
U.S.C. 1063c(b)) is amended to read as follows: 
‘‘(b) USE OF UNEXPENDED FUNDS.—Any funds paid 
to an institution and not expended or used for the pur-
poses for which the funds were paid during the five-year 
period following the date of the initial grant award, may 
be carried over and expended during the succeeding five- 
year period, if such funds were obligated for a purpose 
for which the funds were paid during the five-year period 
following the date of the initial grant award.’’. 
SEC. 307. ENDOWMENT CHALLENGE GRANTS. 
(a) AMOUNTS.—Section 331(b) (20 U.S.C. 1065(b)) 
is amended— 
(1) 
in 
paragraph 
(2)(B)(i), 
by 
striking 
‘‘$500,000’’ and inserting ‘‘$1,000,000’’; and
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•HR 4137 EH2S 
(2) in paragraph (5), by striking ‘‘$50,000’’ 
and inserting ‘‘$100,000’’. 
(b) TECHNICAL
ASSISTANCE.—Section 331 (20 
U.S.C. 1065) is further amended by adding at the end 
the following new subsection: 
‘‘(l) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or by grant or contract, may provide technical as-
sistance to eligible institutions to prepare the institutions 
to qualify, apply for, and maintain a grant, under this sec-
tion.’’. 
SEC. 308. HISTORICALLY BLACK COLLEGE AND UNIVER-
SITY CAPITAL FINANCING. 
(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) 
is amended— 
(1) in paragraph (5)(G), by inserting ‘‘by an 
accrediting agency or association recognized by the 
Secretary of Education’’ after ‘‘agency or associa-
tion’’; 
(2) in paragraph (8)— 
(A) is amended by striking ‘‘the private’’ 
and inserting ‘‘any private’’; and 
(B) by inserting adding ‘‘capital project’’ 
after ‘‘issuing taxable’’; and 
(3) by adding at the end the following new 
paragraphs:
262 
•HR 4137 EH2S 
‘‘(10) The term ‘eligible foundation’ means a 
non-profit foundation owned and sponsored by an el-
igible institution, or an entity wholly owned by such 
a foundation. 
‘‘(11) The term ‘borrower’ means the eligible 
institution or the eligible foundation that receives 
funding pursuant to a loan.’’. 
(b) FEDERAL INSURANCE FOR BONDS.— 
(1) RESPONSIBILITIES OF DESIGNATED BOND-
ING
AUTHORITY.—Section 
343(b) 
(20 
U.S.C. 
1066b(b)) is amended— 
(A) in paragraph (1), by striking ‘‘2 per-
cent’’ and inserting ‘‘1 percent’’; 
(B) in paragraph (3)(A), by inserting ‘‘, 
not to exceed 1 percent,’’ after ‘‘charge such in-
terest’’; 
(C) in paragraph (8)— 
(i) by inserting ‘‘for loans closed be-
fore June 15, 2008,’’ before ‘‘establish an 
escrow account’’; 
(ii) in subparagraph (B)(ii), by insert-
ing ‘‘within 90 days’’ after ‘‘loan pro-
ceeds’’; 
(D) by striking ‘‘and’’ at the end of para-
graph (10);
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•HR 4137 EH2S 
(E) by striking the period at the end of 
paragraph (11) and inserting a semicolon; and 
(F) by adding at the end the following new 
paragraphs: 
‘‘(12) with respect to any such loan, provide 
that any loan collateralization shall not exceed 100 
percent of the loan amount; and 
‘‘(13) for loans closed after, June 15, 2008, es-
tablish a reserve account which shall be available to 
the Secretary to pay principal and interest on the 
bonds in the event of delinquency in loan repayment, 
which reserve account shall consist of an origination 
fee of 1 percent with respect to each loan.’’. 
(2) FORBEARANCE; DEFERMENT.—Section 343 
is further amended by adding at the end the follow 
new subsections: 
‘‘(f) FORBEARANCE.—An insurance agreement under 
this subsection shall contain provisions providing that, 
upon request from the borrower and with the approval of 
the Secretary in consultation with the Advisory Board, the 
designated bond authority shall grant a borrower forbear-
ance, renewable at 12-month intervals, on terms agreed 
to in writing by the parties to the loan with the approval 
of the Secretary, and otherwise consistent with the regula-
tions of the Secretary.
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‘‘(g) DEFERMENT.—An insurance agreement under 
this subsection shall contain provisions providing that, 
during construction or renovation, the Designated Bond 
Authority shall grant a borrower deferment, renewable at 
12-month intervals, on terms agreed to in writing by the 
parties to the loan with the approval of the Secretary in 
consultation with the Advisory Board, and otherwise con-
sistent with the regulations of the Secretary.’’. 
(c) LIMITATIONS
ON FEDERAL INSURANCE
FOR 
BONDS ISSUED BY THE DESIGNATED BONDING AUTHOR-
ITY.—Section 344(a) (20 U.S.C. 1066c(a)) is amended— 
(1) by striking ‘‘$375,000,000’’ and inserting 
‘‘$1,100,000,000’’; 
(2) by striking ‘‘$250,000,000’’ and inserting 
‘‘$733,333,333’’; and 
(3) by striking ‘‘$125,000,000’’ and inserting 
‘‘$366,666,666’’. 
(d) AUTHORITY
OF
THE
SECRETARY.—Section 
345(1) (20 U.S.C. 1066d(1)) is amended— 
(1) by striking ‘‘the Higher Education Amend-
ments of 1992,’’ and inserting ‘‘the College Oppor-
tunity and Affordability Act of 2008’’; 
(2) by striking ‘‘and’’ at the end of subpara-
graph (A); and
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(3) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) specify up to 3 designated bonding 
authorities to be authorized under this part; 
and 
‘‘(D) provide for periodic review of des-
ignated bonding authority authorizations no 
less frequently than every 3 years;’’. 
(e) HBCU CAPITAL FINANCING ADVISORY BOARD.— 
Section 347(b)(1) (20 U.S.C. 1066f(b)(1)) is amended— 
(1) by striking out ‘‘9 members’’ and inserting 
‘‘11 members’’; 
(2) in subparagraph (C), by striking ‘‘two’’ and 
inserting ‘‘three’’; 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(G) The president of the Thurgood Mar-
shall Scholarship Fund.’’. 
SEC. 309. PROGRAMS IN STEM FIELDS. 
(a) YES PARTNERSHIPS; ENTRY
INTO
STEM 
FIELDS.—Part E of title III (20 U.S.C.1067 et seq.) is 
amended— 
(1) by redesignating subpart 2 as subpart 3; 
and
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(2) by inserting after subpart 1 the following 
new subpart: 
‘‘Subpart 2—Programs in STEM Fields 
‘‘SEC. 355. YES PARTNERSHIPS GRANT PROGRAM. 
‘‘(a) GRANT PROGRAM AUTHORIZED.—Subject to the 
availability of appropriations to carry out this subpart, the 
Secretary shall make grants to eligible partnerships (as 
described in subsection (f)) to support underrepresented 
minority youth engagement in science, technology, engi-
neering, and mathematics through outreach and hands-on, 
experiential-based learning projects that encourage under-
represented minority students in kindergarten through 
grade 12 to pursue careers in science, technology, engi-
neering, and mathematics. 
‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded 
to a partnership under this subpart shall be for an amount 
that is not less than $500,000. 
‘‘(c) DURATION.—A grant awarded under this sub-
part shall be for a period of 5 years. 
‘‘(d) 
NON-FEDERAL
MATCHING
SHARE
RE-
QUIRED.—A partnership receiving a grant under this sub-
part shall provide, from non-Federal sources, in cash or 
in kind, an amount equal to 50 percent of the costs of 
the project supported by such grant.
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‘‘(e) DISTRIBUTION
OF
GRANTS.—In awarding 
grants under this subpart, the Secretary shall ensure that, 
to the maximum extent practicable, the projects funded 
under this subpart are located in diverse geographic re-
gions of the United States. 
‘‘(f) ELIGIBLE
PARTNERSHIPS.—Notwithstanding 
the general eligibility provision in section 361, eligibility 
to receive grants under this subpart is limited to partner-
ships described in paragraph (5) of such section. 
‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 
‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO AP-
PROPRIATIONS.—The Secretary of Education is author-
ized to enter into a contract with a firm with a dem-
onstrated record of success in advertising to implement 
a campaign to expand the population of qualified individ-
uals in science, technology, engineering, and math 
(STEM) fields by encouraging young Americans to enter 
the those fields. 
‘‘(b) DESIGN OF CAMPAIGN.—Such a campaign shall 
be designed to enhance the image of education and profes-
sions in the STEM fields and promote participation in the 
STEM fields and shall include— 
‘‘(1) monitoring trends in youth attitudes to-
ward pursuing education and professions in the
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STEM fields and their propensity toward entering 
the STEM fields; 
‘‘(2) determining what factors contribute to en-
couraging and discouraging Americans from pur-
suing study in STEM fields and entering the STEM 
fields professionally; 
‘‘(3) determining what specific factors limit the 
participation of groups currently underrepresented 
in STEM fields, including Latinos, African-Ameri-
cans, and women; and 
‘‘(4) drawing from the market research per-
formed under this section and implementing an ad-
vertising campaign to encourage young Americans to 
take up studies in STEM fields, beginning at an 
early age. 
‘‘(c) REQUIRED COMPONENTS.—Such a campaign 
shall include components that focus tailored messages on 
appropriate age groups, starting with elementary school 
students. Such a campaign shall link participation in the 
STEM fields to the concept of service to one’s country, 
so that young people will be encouraged to enter the 
STEM fields in order fulfill the obligation to be of service 
to their country. 
‘‘(d) PRIORITY.—Such a campaign shall hold as a 
high priority making specific appeals to Latinos, African-
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Americans, and women, who are currently under-rep-
resented in the STEM fields, in order to increase their 
numbers in the STEM fields, and shall tailor recruitment 
efforts to each specific group. 
‘‘(e) USE OF VARIETY OF MEDIA.—Such a campaign 
shall make use of a variety of media, with an emphasis 
on television advertising, to reach its intended audience. 
‘‘(f) TEACHING.—Such a campaign shall include a 
narrowly focused effort to attract current professionals in 
the STEM fields, through advertising in mediums likely 
to reach that specific group, into teaching in a STEM field 
in elementary and secondary school. 
‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘The Secretary shall develop an evaluation and ac-
countability plan for projects funded under this subpart. 
Such plan shall include, if the Secretary determines that 
it is practical, an objective measure of the impact of such 
projects, such as a measure of whether underrepresented 
minority student enrollment in courses related to science, 
technology, engineering, and mathematics increases at the 
secondary and postsecondary levels.’’. 
(b) ELIGIBILITY
FOR GRANTS.—Section 361 (20 
U.S.C. 1067g) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(3);
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(2) in paragraph (4)— 
(A) by inserting ‘‘to include public institu-
tions of higher education’’ after ‘‘organiza-
tions,’’; 
(B) in subparagraph (C), by inserting be-
fore the semicolon the following: ‘‘, the Depart-
ment of Defense, or the National Science Foun-
dation’’; 
(C) by striking ‘‘or’’ at the end of subpara-
graph (D); 
(D) by striking the period at the end of 
subparagraph (E) and inserting ‘‘; or’’; and 
(E) by adding at the end the following new 
subparagraph: 
‘‘(F) institutions of higher education which 
have State-approved centers for research in 
science, technology, engineering, and mathe-
matics; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) only with respect to grants under subpart 
2, partnerships of organizations, the membership of 
which shall include—
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‘‘(A) at least one institution of higher edu-
cation eligible for assistance under this title or 
title V; 
‘‘(B) at least one high need local edu-
cational agency (as defined in section 200); and 
‘‘(C) at least two community organizations 
or entities, such as businesses, professional as-
sociations, community-based organizations, phil-
anthropic organizations, or State agencies.’’. 
SEC. 310. TECHNICAL ASSISTANCE. 
Section 391 (20 U.S.C. 1068) is amended by adding 
at the end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or by grant or contract, may provide technical as-
sistance to eligible institutions to prepare the institutions 
to qualify, apply for, and maintain a grant, under this 
title.’’. 
SEC. 311. WAIVER AUTHORITY. 
(a) Section 392 (20 U.S.C. 1068a) is amended by 
adding at the end the following new subsection: 
‘‘(c) WAIVER AUTHORITY WITH RESPECT TO INSTI-
TUTIONS LOCATED IN AN AREA AFFECTED BY A GULF 
HURRICANE DISASTER.— 
‘‘(1) WAIVER
AUTHORITY.—Notwithstanding 
any other provision of the law unless enacted with
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specific reference to this section, for any affected in-
stitution that was receiving assistance under this 
title at the time of a Gulf hurricane disaster, the 
Secretary shall, for each of the fiscal years 2009 
through 2013— 
‘‘(A) waive— 
‘‘(i) the eligibility data requirements 
set forth in section 391(d); 
‘‘(ii) the wait-out period set forth in 
section 313(d); 
‘‘(iii) 
the 
allotment 
requirements 
under section 324; and 
‘‘(iv) the use of the funding formula 
developed pursuant to section 326(f)(3); 
‘‘(B) waive or modify any statutory or reg-
ulatory provision to ensure that affected institu-
tions that were receiving assistance under this 
title at the time of a Gulf hurricane disaster are 
not adversely impacted by any formula calcula-
tion for fiscal year 2009 or for any of the 4 
succeeding fiscal years; and 
‘‘(C) make available to each affected insti-
tution an amount that is not less than the 
amount made available to such institution 
under this title for fiscal year 2006.
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‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) AFFECTED INSTITUTION.—The term 
‘affected institution’ means an institution of 
higher education that— 
‘‘(i) is— 
‘‘(I) a part A institution, as such 
term is defined in section 312(b); 
‘‘(II) an American Indian Tribal 
College or University, as such term is 
defined in section 316(b); 
‘‘(III) an Alaskan Native-serving 
institution or Native Hawaiian-serving 
institution, as such terms are defined 
in section 317(b); or 
‘‘(IV) a part B institution, as 
such term is defined in section 
322(2), or as identified in section 
326(e) of such Act of 1965 (20 
U.S.C. 1063(b)); 
‘‘(ii) is located in an area affected by 
a Gulf hurricane disaster; and 
‘‘(iii) is able to demonstrate that, as a 
result of the impact of a Gulf hurricane 
disaster, the institution— 
‘‘(I) incurred physical damage;
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•HR 4137 EH2S 
‘‘(II) 
has 
pursued 
collateral 
source compensation from insurance, 
the Federal Emergency Management 
Agency, and the Small Business Ad-
ministration, as appropriate; and 
‘‘(III) was not able to fully re-
open in existing facilities or to fully 
reopen to the pre-hurricane enroll-
ment levels during the 30-day period 
beginning on August 29, 2005. 
‘‘(B) AREA AFFECTED BY A GULF HURRI-
CANE
DISASTER; 
GULF
HURRICANE
DIS-
ASTER.—The terms ‘area affected by a Gulf 
hurricane disaster’ and ‘Gulf hurricane disaster’ 
have the meanings given such terms in section 
209 of the Higher Education Hurricane Relief 
Act of 2005 (Public Law 109–148, 119 Stat. 
2809).’’. 
SEC. 312. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—Section 399(a) (20 U.S.C. 
1068h(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PART A.—(A) There are authorized to be 
appropriated to carry out part A, $150,000,000 
(other than sections 316 through 320) for fiscal year
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•HR 4137 EH2S 
2009, and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 316, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(C) There are authorized to be appropriated to 
carry out section 317, $15,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(D) There are authorized to be appropriated 
to carry out section 318, $75,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(E) There are authorized to be appropriated 
to carry out section 319, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(F) There are authorized to be appropriated to 
carry out section 320, $25,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(2) PART B.—(A) There are authorized to be 
appropriated to carry out part B (other than section 
326), $500,000,000 for fiscal year 2009, and such
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•HR 4137 EH2S 
sums as may be necessary for each of the 4 suc-
ceeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 326, $125,000,000 for fiscal 
year 2009, and such sums as may be necessary for 
each of the 4 succeeding fiscal years. 
‘‘(3) PART C.—There are authorized to be ap-
propriated to carry out part C, $20,000,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
‘‘(4) PART D.—(A) There are authorized to be 
appropriated to carry out part D (other than section 
345(7), but including section 347), $150,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 345(7), such sums as may be 
necessary for fiscal year 2009 and each of the 4 suc-
ceeding fiscal years. 
‘‘(5) PART E.—(A) There are authorized to be 
appropriated to carry out subpart 1 of part E, 
$12,000,000 for fiscal year 2009 and such sums as 
may be necessary for each of the 4 succeeding fiscal 
years.
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•HR 4137 EH2S 
‘‘(B) There are authorized to be appropriated 
to carry out subpart 2 of part E, $10,000,000 for 
fiscal year 2009 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.’’. 
(b) MINIMUM GRANT AMOUNT.—Section 399 (20 
U.S.C. 1068h) is amended by adding at the end the fol-
lowing: 
‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 
amount of a grant under this title shall be $200,000.’’. 
SEC. 313. TECHNICAL CORRECTIONS. 
(a) AMENDMENTS.—Title III (20 U.S.C. 1051 et 
seq.) is further amended— 
(1) 
in 
section 
342(5)(C) 
(20 
U.S.C. 
1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 
(2) in section 343(e) (20 U.S.C. 1066b(e)), by 
inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 
‘‘Notwithstanding’’; 
(3) in the matter preceding clause (i) of section 
365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 
‘‘support’’ and inserting ‘‘supports’’; 
(4) 
in 
section 
391(b)(7)(E) 
(20 
U.S.C. 
1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 
inserting ‘‘subparagraph (D)’’; 
(5) in the matter preceding subparagraph (A) 
of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by
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striking ‘‘eligible institutions under part A institu-
tions’’ and inserting ‘‘eligible institutions under part 
A’’; and 
(6) in the matter preceding paragraph (1) of 
section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 
and inserting ‘‘399’’. 
(b) REDESIGNATION AND RELOCATION.—The Higher 
Education Act of 1965 is further amended— 
(1) by redesignating part J of title IV (as 
added by section 802 of the College Cost Reduction 
and Access Act) as part G of title III, and moving 
such part from the end of title IV to the end of title 
III; and 
(2) by redesignating section 499A (as added by 
such section) as section 399A. 
TITLE IV—TITLE IV 
AMENDMENTS 
PART A—PART A AMENDMENTS 
SEC. 401. FEDERAL PELL GRANTS. 
(a) AUTHORIZED MAXIMUMS.—Section 401(b)(2)(A) 
(20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows: 
‘‘(2)(A) The amount of the Federal Pell Grant for 
a student eligible under this part shall be $9,000 for each 
of the academic years 2009–2010 through 2013–2014, 
less an amount equal to the amount determined to be the
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•HR 4137 EH2S 
expected family contribution with respect to that student 
for that year.’’. 
(b) MULTIPLE GRANTS.— 
(1) AMENDMENT.—Paragraph (5) of section 
401(b) is amended to read as follows: 
‘‘(5) YEAR-ROUND
PELL
GRANTS.—The Sec-
retary shall, for students enrolled in a baccalaureate 
degree, associate’s degree, or certificate program of 
study at an eligible institution, award such students 
not more than two Pell grants during an award year 
to permit such students to accelerate progress to-
ward their degree or certificate objectives by enroll-
ing in courses for more than 2 semesters, or 3 quar-
ters, or the equivalent, in a given academic year.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall be effective July 1, 2009. 
(c) INELIGIBILITY BASED ON INVOLUNTARY CIVIL 
COMMITMENT FOR SEXUAL OFFENSES.—Paragraph (7) 
of section 401(b) (as redesignated by section 101(a) of 
the College Cost Reduction and Access Act) is amended 
by inserting before the period the following: ‘‘or who is 
subject to an involuntary civil commitment upon comple-
tion of a period of incarceration for a forcible or nonforc-
ible sexual offense (as determined in accordance with the
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•HR 4137 EH2S 
Federal Bureau of Investigation’s Uniform Crime Report-
ing Program)’’. 
(d) TECHNICAL AMENDMENTS TO CCRAA.—Section 
401(b)(9) is amended— 
(1) by amending subparagraph (D) to read as 
follows: 
‘‘(D) PROGRAM REQUIREMENTS AND OP-
ERATIONS
OTHERWISE
UNAFFECTED.—Except 
as provided in subparagraphs (B) and (C), 
nothing in this paragraph shall be construed to 
alter the requirements and operations of the 
Federal Pell Grant Program as authorized 
under this section, or authorize the imposition 
of additional requirements or operations for the 
determination and allocation of Federal Pell 
Grants under this section.’’; and 
(2) by amending subparagraph (F) to read as 
follows: 
‘‘(F) 
AVAILABILITY
OF
FUNDS.—The 
amounts made available by subparagraph (A) 
for any fiscal year shall be available beginning 
on October 1 of that fiscal year, and shall re-
main available through September 30 of the 
succeeding fiscal year.’’.
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(e) MAXIMUM DURATION OF ELIGIBILITY.—Section 
401(c) is amended by adding at the end the following new 
paragraph: 
‘‘(5) The period during which a student may receive 
Federal Pell Grants shall not exceed the equivalent of 18 
semesters or 27 quarters in duration, as determined by 
the Secretary by regulation. Such regulations shall pro-
vide, with respect to a student who received a Federal Pell 
Grant for a semester or quarter but was enrolled at a frac-
tion of full-time, that only that same fraction of such se-
mester or quarter shall count towards such duration lim-
its. The provisions of this paragraph shall apply only to 
a student who receives a Federal Pell Grant for the first 
time on or after July 1, 2008.’’. 
(f) CALCULATION OF FEDERAL PELL GRANT ELIGI-
BILITY.— 
(1) AMENDMENT.—Section 401(f) of the High-
er Education Act of 1965 (20 U.S.C. 1070a(f)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(4)(A) Notwithstanding paragraph (1) or any 
other provision of this section, the expected family 
contribution of each student described in subpara-
graph (B) shall be deemed to be zero for the period
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•HR 4137 EH2S 
during which each such student is eligible to receive 
a Federal Pell Grant under subsection (c). 
‘‘(B) Subparagraph (A) shall apply to any stu-
dent at an institution of higher education— 
‘‘(i) whose parent or guardian was a mem-
ber of the Armed Forces of the United States 
who died as a result of performing military 
service in Iraq or Afghanistan after September 
11, 2001; and 
‘‘(ii) who was 18 years or less, or was en-
rolled as a full-time or part-time student at an 
institution of higher education, as of the time 
of the parent or guardian’s death.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to Federal 
Pell Grants awarded for academic year 2009–2010, 
and each succeeding academic year. 
(g) ACADEMIC COMPETITIVENESS GRANTS.—Section 
401A (as amended by section 8003 of Public Law 109– 
171)— 
(1) in subsection (b), by striking ‘‘academic’’ 
each place it appears; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)—
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(i) by striking ‘‘academic’’ and insert-
ing ‘‘award’’; and 
(ii) by striking ‘‘full–time’’; and 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) is an eligible student under section 484, 
including being enrolled or accepted for enrollment 
in a degree, certificate, or other eligible program 
leading to a recognized educational credential at an 
institution of higher education;’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘academic’’ each place 
it appears; 
(ii) by striking ‘‘established by a State 
or local educational agency and recognized 
as such by the Secretary’’ each place it ap-
pears in subparagraphs (A)(i) and (B)(i) 
and inserting ‘‘that prepares students for 
college and work beyond the basic gradua-
tion requirements and that is recognized as 
such by the designated State official, or 
with respect to any private school or home 
school, the designated school official for 
such school, consistent with State law’’;
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•HR 4137 EH2S 
(iii) in subparagraph (A)(ii), by in-
serting ‘‘, except as part of a secondary 
school program of study’’ before the semi-
colon; 
(iv) in subparagraph (C)— 
(I) by striking clause (i)(II) and 
inserting the following: 
‘‘(II) a critical foreign language; 
and’’; and 
(II) in clause (ii), by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(v) by adding at the end the following: 
‘‘(D) the third or fourth year of a program 
of undergraduate education at an institution of 
higher education (as defined in section 101(a)) 
that demonstrates, to the satisfaction of the 
Secretary, that the institution— 
‘‘(i) offers a single liberal arts cur-
riculum leading to a baccalaureate degree, 
under which students are not permitted by 
the institution to declare a major in a par-
ticular subject area, and those students— 
‘‘(I) study, in such years, a sub-
ject described in subparagraph (C)(i)
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•HR 4137 EH2S 
that is at least equal to the require-
ments for an academic major at an in-
stitution of higher education that of-
fers a baccalaureate degree in such 
subject, as certified by an appropriate 
official from the institution; or 
‘‘(II) has obtained a cumulative 
grade point average of at least 3.0 (or 
the equivalent as determined under 
regulations prescribed by the Sec-
retary) in the relevant coursework; 
and 
‘‘(ii) offered such curriculum prior to 
February 8, 2006.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by inserting ‘‘for one 
academic year during the student’s first 
year of enrollment’’ after ‘‘$750’’; 
(ii) in clause (ii), by inserting ‘‘for one 
academic year during the student’s second 
year of enrollment’’ after ‘‘$1,300’’; and 
(iii) in clause (iii)— 
(I) by inserting ‘‘for one aca-
demic year’’ after ‘‘$4,000’’; and
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•HR 4137 EH2S 
(II) 
by 
striking 
‘‘subsection 
(c)(3)(C).’’ and inserting ‘‘subpara-
graph (C) or (D) of subsection (c)(3), 
for each of the 2 years described in 
such subparagraphs; or’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘an academic’’ 
and inserting ‘‘a’’; and 
(II) by striking ‘‘(B), or (C)’’ 
and inserting ‘‘(B), (C), or (D)’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or’’ at the end of 
clause (ii); and 
(II) by striking clause (iii) and 
inserting the following: 
‘‘(iii) two academic years under sub-
section (c)(3)(C); or 
‘‘(iv) two academic years under sub-
section (c)(3)(D).’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADJUSTMENT FOR LESS THAN FULL-TIME 
ENROLLMENT.—A grant awarded under this section 
to an eligible student who attends an eligible institu-
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•HR 4137 EH2S 
tion on a less than full-time (but at least half-time 
or more) basis shall be reduced in the same propor-
tion as would a Federal Pell Grant pursuant to sec-
tion 401(b)(2)(B).’’; and 
(4) in subsection (g), by striking ‘‘academic’’ 
and inserting ‘‘award’’. 
SEC. 402. FEDERAL TRIO PROGRAMS. 
(a) PROGRAM AUTHORITY; AUTHORIZATION OF AP-
PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘community-based or-
ganizations with experience in serving dis-
advantaged youth’’ after ‘‘private agencies 
and organizations’’; and 
(ii) by striking ‘‘in exceptional cir-
cumstances,’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘4’’ and inserting 
‘‘5’’; and 
(ii) by amending subparagraph (A) to 
read as follows:
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•HR 4137 EH2S 
‘‘(A) to synchronize the awarding of grants 
for programs under this chapter, the Secretary 
may, under such terms as are consistent with 
the purposes of this chapter, provide a one- 
time, limited extension of the length of such an 
award;’’; and 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) MINIMUM GRANTS.—Unless the institution 
or agency requests a smaller amount, an individual 
grant authorized under this chapter shall be award-
ed in an amount that is not less than $200,000, ex-
cept that an individual grant authorized under sec-
tion 402G shall be awarded in an amount that is not 
less than $170,000.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘(2) PRIOR
EXPERI-
ENCE.—In’’ and inserting the following: 
‘‘(2) CONSIDERATIONS.—(A) PRIOR
EXPERI-
ENCE.—In’’; 
(ii) by striking ‘‘service delivery’’ and 
inserting ‘‘high quality service delivery, as 
determined under subsection (f),’’; and
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(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(B) PARTICIPANT NEED.—In making grants 
under this chapter, the Secretary shall consider the 
number, percentages, and needs of eligible partici-
pants in the area, college, or school or schools to be 
served to aid such participants in preparing for, en-
rolling in, or succeeding in college, as appropriate to 
the particular program for which the eligible entity 
is applying.’’; 
(B) in paragraph (3)(B), by striking ‘‘is 
not required to’’ and inserting ‘‘shall not’’; 
(C) in paragraph (5), by striking ‘‘cam-
puses’’ and inserting ‘‘different campuses’’; and 
(D) in paragraph (6), by adding at the end 
the following new sentence: ‘‘The Secretary 
shall require each applicant for funds under the 
programs authorized by this chapter to identify 
services to foster care youth (including youth in 
foster care and youth who have left foster care 
after reaching age 16) as a permissible service 
in those programs, and to ensure that such 
youth receive supportive services, including 
mentoring, tutoring, and other services provided 
by those programs.’’;
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(3) in subsection (e)— 
(A) by striking ‘‘(g)(2)’’ each place it ap-
pears and inserting ‘‘(h)(4)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Notwithstanding this subsection and subsection 
(i)(4), individuals who are homeless or unaccompanied 
youth as defined in section 725 of the McKinney-Vento 
Homeless Assistance Act shall be eligible to participate in 
programs under sections 402B, 402C, 402D, and 402F 
of this chapter.’’; 
(4) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) OUTCOME CRITERIA.— 
‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA-
TION.—The Secretary shall use the outcome criteria 
described in paragraphs (2) and (3) to evaluate the 
programs provided by a recipient of a grant under 
this chapter, and the Secretary shall determine an 
eligible entity’s prior experience of high quality serv-
ice delivery, as required under subsection (c)(2), 
based on the outcome criteria.
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‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 
The outcome criteria under this subsection shall be 
disaggregated by low-income students, first genera-
tion college students, and individuals with disabil-
ities, in the schools and institutions of higher edu-
cation served by the program to be evaluated. 
‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The 
outcome criteria under this subsection shall measure, 
annually and for longer periods, the quality and ef-
fectiveness of programs authorized under this chap-
ter and shall include the following: 
‘‘(A) For programs authorized under sec-
tion 402B, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives estab-
lished in the entity’s application for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program; 
‘‘(ii) the continued secondary school 
enrollment of such students; 
‘‘(iii) the graduation of such students 
from secondary school; 
‘‘(iv) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
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grams such as the Academic Competitive-
ness Grants; and 
‘‘(v) the enrollment of such students 
in an institution of higher education. 
‘‘(B) For programs authorized under sec-
tion 402C, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives for 
such program regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program, 
as agreed upon by the entity and the Sec-
retary for the period; 
‘‘(ii) such students’ school perform-
ance, as measured by the grade point aver-
age, or its equivalent; 
‘‘(iii) such students’ academic per-
formance, as measured by standardized 
tests, including tests required by the stu-
dents’ State; 
‘‘(iv) the retention in, and graduation 
from, secondary school of such students; 
‘‘(v) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
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grams such as the Academic Competitive-
ness Grants; and 
‘‘(vi) the enrollment of such students 
in an institution of higher education. 
‘‘(C) For programs authorized under sec-
tion 402D— 
‘‘(i) the extent to which the eligible 
entity met or exceeded the entity’s objec-
tives regarding the retention in postsec-
ondary education of the students served by 
the program; 
‘‘(ii)(I) in the case of an entity that is 
an institution of higher education offering 
a baccalaureate degree, the extent to which 
the percentage of students served by the 
program who completed degree programs 
met or exceeded the entity’s objectives; or 
‘‘(II) in the case of an entity that is 
an institution of higher education that does 
not offer a baccalaureate degree, the extent 
to which the students served by the entity 
met or exceeded s objectives regarding— 
‘‘(aa) the completion of a degree 
or certificate; and
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‘‘(bb) the transfer to institutions 
of higher education that offer bacca-
laureate degrees; 
‘‘(iii) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and 
‘‘(iv) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding such students remaining in good 
academic standing. 
‘‘(D) For programs authorized under sec-
tion 402E, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
‘‘(ii) the provision of appropriate 
scholarly and research activities for the 
students served by the program;
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‘‘(iii) the acceptance and enrollment 
of such students in graduate programs; 
and 
‘‘(iv) the continued enrollment of such 
students in graduate study and the attain-
ment of doctoral degrees by former pro-
gram participants. 
‘‘(E) For programs authorized under sec-
tion 402F, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the enrollment of students with-
out a secondary school diploma or its rec-
ognized equivalent, who were served by the 
program, in programs leading to such di-
ploma or equivalent; 
‘‘(ii) the enrollment of secondary 
school graduates who were served by the 
program in programs of postsecondary 
education; 
‘‘(iii) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and
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‘‘(iv) the provision of assistance to 
students served by the program in com-
pleting financial aid applications and col-
lege admission applications. 
‘‘(4) MEASUREMENT OF PROGRESS.—In order 
to determine the extent to which an outcome cri-
terion described in paragraph (2) or (3) is met or 
exceeded, the Secretary shall compare the agreed 
upon target for the criterion, as established in the 
eligible entity’s application approved for funding by 
the Secretary, with the results for the criterion, 
measured as of the last day of the applicable time 
period for the determination for each outcome cri-
teria. 
‘‘(5) APPEALS.—(A) Upon a determination by 
the Secretary not to accept an application, or upon 
a determination by the Secretary through the peer 
review process as specified in subsection (c)(4) not 
to fund an application, for any program under this 
chapter, the Secretary shall allow such applicant to 
appeal the funding decision. An applicant may sub-
mit a written request for reconsideration of the ap-
plication, with appropriate documentary evidence, to 
the Secretary.
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‘‘(B) For appeals regarding the awarding of 
points for prior experience of high quality service de-
livery or a decision not to read an application or any 
mishandling of such application, a panel of three 
Department employees appointed by the Secretary 
shall review each request for reconsideration. The 
panel shall review the request for the purpose of 
identifying any technical errors or administrative 
problems with the scoring of the application, the 
awarding of prior experience points, or the handling 
of the application, including any decision not to read 
an application. The panel shall make its rec-
ommendations to the Secretary in writing. 
‘‘(C) For appeals regarding scoring decisions by 
the peer review panel, the Secretary shall refer the 
application to a second peer review panel. 
‘‘(D) In each instance, after the Secretary or 
the Secretary’s designee considers the recommenda-
tions of the panel and makes a final decision, the 
Secretary shall notify each entity requesting recon-
sideration under this paragraph regarding the status 
of their appeal within 90 days after the date the ap-
plicant submitted the appeal.’’; 
(6) in subsection (g) (as redesignated by para-
graph (4))—
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(A) in the first sentence, by striking 
‘‘$700,000,000 for fiscal year 1999’’ and all 
that follows through the period and inserting 
‘‘$950,000,000 for fiscal year 2009 and such 
sums for each of the 4 succeeding fiscal years.’’; 
and 
(B) by striking the fourth sentence; and 
(7) in subsection (h) (as redesignated by para-
graph (4))— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting before paragraph (3) (as 
redesignated by subparagraph (A)) the fol-
lowing: 
‘‘(1) DIFFERENT CAMPUS.—The term ‘different 
campus’ means a site of an institution of higher edu-
cation that— 
‘‘(A) is geographically apart from the main 
campus of the institution; 
‘‘(B) is permanent in nature; and 
‘‘(C) offers courses in educational pro-
grams leading to a degree, certificate, or other 
recognized educational credential.
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‘‘(2) DIFFERENT POPULATION.—The term ‘dif-
ferent population’ means a group of individuals that 
an eligible entity desires to serve through an applica-
tion for a grant under this chapter, and that— 
‘‘(A) is separate and distinct from any 
other population that the entity has applied for 
a grant under this chapter to serve; or 
‘‘(B) while sharing some of the same needs 
as another population that the eligible entity 
has applied for a grant under this chapter to 
serve, has distinct needs for specialized serv-
ices.’’; 
(C) in paragraph (5) (as redesignated by 
subparagraph (A))— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, any part of 
which occurred after January 31, 
1955,’’; and 
(II) by striking ‘‘or’’ after the 
semicolon; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘after January 
31, 1955,’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and
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•HR 4137 EH2S 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) was a member of a reserve component 
of the Armed forces called to active duty for a 
period of more than 180 days; or 
‘‘(D) was a member of a reserve compo-
nent of the Armed Forces who served on active 
duty in support of a contingency operation (as 
that term is defined in section 101(a)(13) of 
title 10, United States Code) on or after Sep-
tember 11, 2001.’’; and 
(D) in paragraph (6), by striking ‘‘sub-
paragraph (A) or (B) of paragraph (3)’’ and in-
serting ‘‘subparagraph (A), (B), or (C) of para-
graph (5)’’. 
(b) TALENT SEARCH.—Section 402B(b)(10) (20 
U.S.C. 1070a–12(b)(10)) is amended by inserting ‘‘, 
groups of persons from disadvantaged backgrounds that 
have particular lower educational access or outcomes, or 
disconnected students’’ after ‘‘limited English pro-
ficiency’’. 
(c) UPWARD BOUND.—Section 402C (20 U.S.C. 
1070a–13) is amended—
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(1) in subsection (b)(11), by inserting ‘‘, includ-
ing mathematics and science preparation,’’ after 
‘‘special services’’; 
(2) in subsection (b)(12), by inserting ‘‘, groups 
of persons from disadvantaged backgrounds that 
have particular lower educational access or out-
comes, or disconnected students’’ after ‘‘limited 
English proficiency’’; and 
(3) by adding at the end the following: 
‘‘(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD 
BOUND PROGRAM.—Upon enactment of this subsection 
and except as otherwise expressly provided by amendment 
to this section, the Secretary shall not continue implement 
or enforce the absolute priority for Upward Bound Pro-
gram published by the Department of Education in the 
Federal Register on September 22, 2006 (71 Fed. Reg. 
55447 et seq.). This subsection shall not be applied retro-
actively. In implementing this subsection, the Department 
shall allow the programs and participants chosen in the 
grant cycle to which the priority applies to continue their 
grants and participation without a further recompetition. 
The entities shall not be required to apply the absolute 
priority conditions or restrictions to future participants.’’. 
(d) 
STUDENT
SUPPORT
SERVICES.—Section 
402D(b)(10) (20 U.S.C. 1070a–14(b)(10)) is amended by
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•HR 4137 EH2S 
inserting ‘‘, groups of persons from disadvantaged back-
grounds that have particular lower educational access or 
outcomes, or disconnected students’’ after ‘‘limited 
English proficiency’’. 
(e) AMENDMENT TO POSTBACCALAUREATE ACHIEVE-
MENT PROGRAM.—Section 402E(c)(2) (20 U.S.C. 1070a– 
15(c)(2)) is amended by inserting ‘‘, including Native Ha-
waiians, as defined section 317(b)(3), and Pacific Island-
ers’’ after ‘‘graduate education’’. 
(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 
402F(b)(10) (20 U.S.C. 1070a–16(b)(10)) is amended by 
inserting ‘‘, groups of persons from disadvantaged back-
grounds that have particular lower educational access or 
outcomes, or disconnected students’’ after ‘‘limited 
English proficiency’’. 
(g) STAFF
DEVELOPMENT
ACTIVITIES.—Section 
402G(b) (20 U.S.C. 1070a–17(b)) is amended by adding 
at the end the following new paragraph: 
‘‘(5) Strategies for recruiting and serving hard- 
to-reach populations, including students of limited 
English proficiency, groups of persons from dis-
advantaged backgrounds that have particular lower 
educational access or outcomes, disconnected stu-
dents, and students with disabilities.’’.
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(h) REPORTS, EVALUATIONS, AND GRANTS
FOR 
PROJECT IMPROVEMENT AND DISSEMINATION.—Section 
402H (20 U.S.C. 1070a–18) is amended— 
(1) by striking the section heading and insert-
ing ‘‘REPORTS, EVALUATIONS, AND
GRANTS 
FOR PROJECT IMPROVEMENT AND DISSEMINA-
TION.’’; 
(2) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redes-
ignated by paragraph (2)) the following: 
‘‘(a) REPORTS
TO
THE
AUTHORIZING
COMMIT-
TEES.—The Secretary shall submit annually to the au-
thorizing committees a report that documents the per-
formance of all programs funded under this chapter. The 
report shall— 
‘‘(1) be submitted not later than 24 months 
after the eligible entities receiving funds under this 
chapter are required to report their performance to 
the Secretary; 
‘‘(2) focus on the programs’ performance on the 
relevant outcome criteria determined under section 
402A(f)(4);
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‘‘(3) aggregate individual project performance 
data on the outcome criteria in order to provide na-
tional performance data for each program; 
‘‘(4) include, when appropriate, descriptive 
data, multi-year data, and multi-cohort data; and 
‘‘(5) include comparable data on the perform-
ance nationally of low-income students, first-genera-
tion students, and students with disabilities.’’; and 
(4) in subsection (b) (as redesignated by para-
graph (2)), by striking paragraph (2) and inserting 
the following: 
‘‘(2) PRACTICES.— 
‘‘(A) IN
GENERAL.—The evaluations de-
scribed in paragraph (1) shall identify institu-
tional, community, and program or project 
practices that are particularly effective in— 
‘‘(i) enhancing the access of low-in-
come individuals and first-generation col-
lege students to postsecondary education; 
‘‘(ii) the preparation of the individuals 
and students for postsecondary education; 
and 
‘‘(iii) fostering the success of the indi-
viduals and students in postsecondary edu-
cation.
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‘‘(B) PRIMARY PURPOSE.—Any evaluation 
conducted under this chapter shall have as its 
primary purpose the identification of particular 
practices that further the achievement of the 
outcome criteria determined under section 
402A(f)(4). 
‘‘(C) DISSEMINATION AND USE OF EVAL-
UATION
FINDINGS.—The Secretary shall dis-
seminate to eligible entities and make available 
to the public the practices identified under sub-
paragraph (B). Such practices may be used by 
eligible entities that receive assistance under 
this chapter after the dissemination. 
‘‘(3) RECRUITMENT.—The Secretary shall not 
require an eligible entity desiring to receive assist-
ance under this chapter to recruit students to serve 
as a control group for purposes of evaluating any 
program or project assisted under this chapter. 
‘‘(4) CONSIDERATION.—When designing an 
evaluation under this subsection, the Secretary shall 
consider— 
‘‘(A) the burden placed upon the program 
participants or the eligible entity; and 
‘‘(B) approval by the institution’s institu-
tional review board.’’.
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SEC. 403. GEARUP AMENDMENTS. 
(a) ELIGIBLE
STUDENTS.—Section 404A(a) (20 
U.S.C. 1070a–21(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
students with disabilities,’’ after ‘‘low-income stu-
dents’’; and 
(2) in paragraph (2)(A), by inserting ‘‘, includ-
ing students with disabilities,’’ after ‘‘secondary 
school students’’. 
(b) AWARD PERIOD; PRIORITY.—Section 404A(b) 
(20 U.S.C. 1070a–21(b)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) AWARD
PERIOD.—The Secretary may 
award a grant under this chapter to an eligible enti-
ty described in paragraphs (1) and (2) of subsection 
(c) for 7 years. 
‘‘(3) PRIORITY.—In making awards to eligible 
entities described in subsection (c)(1), the Secretary 
shall— 
‘‘(A) give priority to eligible entities that— 
‘‘(i) on the day before the date of en-
actment of the College Opportunity and 
Affordability Act of 2008, carried out suc-
cessful educational opportunity programs 
under this chapter (as this chapter was in 
effect on such day); and
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‘‘(ii) have a prior, demonstrated com-
mitment to early intervention leading to 
college access through collaboration and 
replication of successful strategies; and 
‘‘(B) ensure that students served under 
this chapter on the day before the date of en-
actment of the College Opportunity and Afford-
ability Act of 2008 continue to receive assist-
ance through the completion of secondary 
school.’’. 
(c) REQUIREMENTS: CONTINUITY OF SERVICES.— 
(1) COHORT
APPROACH.—Section 404B(g)(1) 
(20 U.S.C. 1070a–22(g)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) in subparagraph (B)— 
(i) by inserting ‘‘and provide the op-
tion of continued services through the stu-
dent’s first year of attendance at an insti-
tution of higher education’’ after ‘‘grade 
level’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph:
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•HR 4137 EH2S 
‘‘(C) provide services under this chapter to 
students who have received services under a 
previous GEAR UP grant award but have not 
yet completed the 12th grade.’’. 
(2) EARLY INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(A) in subsection (a)(1)(B)— 
(i) by striking ‘‘and’’ at the end of 
clause (ii); 
(ii) by striking the period at the end 
of clause (iii) and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iv) the transition to college or post-
secondary education through continuity of 
services to support students in and 
through the first year of attendance at an 
institution of higher education.’’; 
(B) in subsection (b)(2)(A)— 
(i) by inserting ‘‘and students in the 
first year of attendance at an institution of 
higher education’’ after ‘‘grade 12’’; 
(ii) by striking ‘‘and’’ at the end of 
clause (i);
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•HR 4137 EH2S 
(iii) by striking the period at the end 
of clause (ii) and inserting ‘‘; and’’; and 
(iv) by adding at the end the following 
new clause: 
‘‘(iii) may include special programs or 
tutoring in science, technology, engineer-
ing, or mathematics.’’; and 
(C) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘grade 12 who is eligible’’ 
and inserting ‘‘grade 12, and may consider 
a student in the first year of attendance at 
an institution, who is’’; 
(ii) in paragraph (1), by inserting ‘‘el-
igible’’ before ‘‘to be counted’’; 
(iii) in paragraph (2), by inserting 
‘‘eligible’’ before ‘‘for free’’, and by strik-
ing ‘‘or’’; 
(iv) in paragraph (3), by inserting ‘‘el-
igible’’ before ‘‘for assistance’’, and by 
striking the period and inserting ‘‘; or’’; 
and 
(v) by adding at the end the following 
new paragraph: 
‘‘(4) a disconnected student.’’.
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(d) FLEXIBILITY IN MEETING MATCHING REQUIRE-
MENTS.—Section 404C (20 U.S.C. 1070a–23) is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by inserting ‘‘and 
accrued over the full duration of the grant 
award period’’ after ‘‘in cash or in kind’’; 
(B) in paragraph (2), by adding at the end 
the following new sentence: ‘‘Eligible entities 
may request a reduced match percentage at the 
time of application or by petition subsequent to 
a grant award, provided that an eligible entity 
can demonstrate a change in circumstances that 
was unknown at the time of application.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADDITIONAL SPECIAL RULE.—To encour-
age eligible entities described in 404A(c) to provide 
students under this chapter with financial assistance 
for postsecondary education, each dollar of non-Fed-
eral funds obligated under subsection (c)(1) and 
(c)(2) shall, for purposes of paragraph (1)(A) of this 
subsection, be treated as 2 dollars.’’; and 
(2) in subsection (c)—
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(A) in paragraph (1), by striking ‘‘paid to 
students from State, local, institutional, or pri-
vate funds under this chapter’’ and inserting 
‘‘obligated to students from State, local, institu-
tional, or private funds under this chapter, in-
cluding pre-existing , non-Federal financial as-
sistance programs’’; 
(B) by striking ‘‘and’’ at the end of para-
graph (2); 
(C) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(D) by adding at the end the following new 
paragraph: 
‘‘(4) other resources recognized by the Sec-
retary, including equipment and supplies, cash con-
tribution from non-Federal sources, transportation 
expenses, in-kind or discounted program services, in-
direct costs, and facility usage.’’. 
(e) EARLY
INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(1) in subsection (b)(2)(A)(ii), by striking ‘‘and 
academic counseling’’ and inserting ‘‘, academic 
counseling, and financial literacy and economic lit-
eracy education or counseling’’;
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•HR 4137 EH2S 
(2) in subsection (b)(2), by adding at the end 
the following new subparagraphs: 
‘‘(F) Fostering and improving parent and 
family involvement in elementary and secondary 
education by promoting the advantages of a col-
lege education, and emphasizing academic ad-
mission requirements and the need to take col-
lege preparation courses, through parent en-
gagement and leadership activities. 
‘‘(G) Engaging entities described in section 
404A(c)(2)(C) in a collaborative manner to pro-
vide matching resources and participate in 
other activities authorized under this section. 
‘‘(H) Disseminating information that pro-
motes the importance of higher education, ex-
plains college preparation and admission re-
quirements, and raises awareness of the re-
sources and services provided by the eligible en-
tities described in section 404A(c) to eligible 
students, their families, and communities.’’; and 
(3) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR 
STATES.—In meeting the requirements of subsection 
(a), an eligible entity described in section 404A(c)
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•HR 4137 EH2S 
(1) receiving funds under this chapter may, in addi-
tion to the activities authorized by paragraph (2) of 
this subsection, use funds to provide technical assist-
ance to— 
‘‘(A) middle schools or secondary schools 
that are located within the State; or 
‘‘(B) partnerships described in section 
404A(c)(2) that are located within the State.’’. 
(f) SCHOLARSHIP COMPONENT.—Section 404E(b)(2) 
(20 U.S.C. 1070a–25) is amended by striking ‘‘the max-
imum Federal Pell Grant’’ and inserting ‘‘the minimum 
Federal Pell Grant’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
404H (20 U.S.C. 1070a–31) is amended by striking 
‘‘$200,000,000 for fiscal year 1999 and such sums as may 
be necessary for each of the 4 succeeding fiscal years’’ and 
inserting ‘‘$400,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years’’. 
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR-
SHIPS. 
Chapter 3 of subpart 2 of part A of title IV (20 
U.S.C. 1070a–31 et seq.) is repealed.
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•HR 4137 EH2S 
(2) in paragraph (9), by striking ‘‘and’’ after 
the semicolon; 
(3) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(11) provides notification to eligible students 
that such grants are— 
‘‘(A) Leveraging Educational Assistance 
Partnership Grants; and 
‘‘(B) funded by the Federal Government 
and the State.’’. 
(c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec-
tion 415E (20 U.S.C. 1070c–3a) is amended to read as 
follows: 
‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
expand college access and increase college persistence by 
making allotments to States to enable the States to— 
‘‘(1) expand and enhance partnerships with in-
stitutions of higher education, early information and 
intervention, mentoring, or outreach programs, pri-
vate corporations, philanthropic organizations, and 
other interested parties to carry out activities under 
this section and to provide coordination and cohesion 
among Federal, State, and local governmental and
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private efforts that provide financial assistance to 
help low-income students attend college; 
‘‘(2) provide need-based access and persistence 
grants to eligible low-income students; 
‘‘(3) provide early notification to low-income 
students of their eligibility for financial aid; and 
‘‘(4) encourage increased participation in early 
information and intervention, mentoring, or outreach 
programs. 
‘‘(b) ALLOTMENTS TO STATES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—From sums re-
served under section 415A(b)(2) for each fiscal 
year, the Secretary shall make an allotment to 
each State that submits an application for an 
allotment in accordance with subsection (c) to 
enable the State to pay the Federal share of the 
cost of carrying out the activities under sub-
section (d). 
‘‘(B) DETERMINATION OF ALLOTMENT.— 
In making allotments under subparagraph (A), 
the Secretary shall consider the following: 
‘‘(i) CONTINUATION OF AWARD.—If a 
State continues to meet the specifications 
established in its application under sub-
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section (c), the Secretary shall make an al-
lotment to such State that is not less than 
the allotment made to such State for the 
previous fiscal year. 
‘‘(ii) PRIORITY.—The Secretary shall 
give priority in making allotments to 
States that meet the requirements under 
paragraph (2)(B)(ii). 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of carrying out the activities under 
subsection (d) for any fiscal year shall not ex-
ceed 66.66 percent. 
‘‘(B) 
DIFFERENT
PERCENTAGES.—The 
Federal share under this section shall be deter-
mined in accordance with the following: 
‘‘(i) The Federal share of the cost of 
carrying out the activities under subsection 
(d) shall be equal to 57 percent if a State 
applies for an allotment under this section 
in partnership with any number of degree- 
granting institutions of higher education in 
the State whose combined full-time enroll-
ment represents less than a majority of all
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•HR 4137 EH2S 
students attending institutions of higher 
education in the State, and— 
‘‘(I) philanthropic organizations 
that are located in, or that provide 
funding in, the State; or 
‘‘(II) private corporations that 
are located in, or that do business in, 
the State. 
‘‘(ii) The Federal share of the cost of 
carrying out the activities under subsection 
(d) shall be equal to 66.66 percent if a 
State applies for an allotment under this 
section in partnership with any number of 
degree-granting institutions of higher edu-
cation in the State whose combined full- 
time enrollment represents a majority of 
all students attending institutions of high-
er education in the State, and— 
‘‘(I) philanthropic organizations 
that are located in, or that provide 
funding in, the State; or 
‘‘(II) private corporations that 
are located in, or that do business in, 
the State. 
‘‘(C) NON-FEDERAL SHARE.—
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•HR 4137 EH2S 
‘‘(i) IN GENERAL.—The non-Federal 
share under this section may be provided 
in cash or in kind, fairly evaluated. 
‘‘(ii) IN
KIND
CONTRIBUTION.—For 
the purpose of calculating the non-Federal 
share under this subparagraph, an in kind 
contribution is a non-cash contribution 
that— 
‘‘(I) has monetary value, such as 
the provision of— 
‘‘(aa) room and board; or 
‘‘(bb) transportation passes; 
and 
‘‘(II) helps a student meet the 
cost of attendance at an institution of 
higher education. 
‘‘(iii) EFFECT ON NEEDS ANALYSIS.— 
For the purpose of calculating a student’s 
need in accordance with part F, an in kind 
contribution described in clause (ii) shall 
not be considered an asset or income of the 
student or the student’s parent. 
‘‘(c) APPLICATION FOR ALLOTMENT.— 
‘‘(1) IN GENERAL.—
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•HR 4137 EH2S 
students that grants under this section 
are— 
‘‘(I) Leveraging Educational As-
sistance Partnership Grants; and 
‘‘(II) funded by the Federal Gov-
ernment and the State. 
‘‘(2) STATE AGENCY.—The State agency that 
submits an application for a State under section 
415C(a) shall be the same State agency that sub-
mits an application under paragraph (1) for such 
State. 
‘‘(3) PARTNERSHIP.—In applying for an allot-
ment under this section, the State agency shall apply 
for the allotment in partnership with— 
‘‘(A) not less than one public and one pri-
vate degree-granting institution of higher edu-
cation that are located in the State; 
‘‘(B) new or existing early information and 
intervention, mentoring, or outreach programs 
located in the State; and 
‘‘(C) not less than one— 
‘‘(i) philanthropic organization located 
in, or that provides funding in, the State; 
or
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•HR 4137 EH2S 
‘‘(ii) private corporation located in, or 
that does business in, the State. 
‘‘(4) ROLES OF PARTNERS.— 
‘‘(A) STATE
AGENCY.—A State agency 
that is in a partnership receiving an allotment 
under this section— 
‘‘(i) shall— 
‘‘(I) serve as the primary admin-
istrative unit for the partnership; 
‘‘(II) 
provide 
or 
coordinate 
matching funds, and coordinate activi-
ties among partners; 
‘‘(III) encourage each institution 
of higher education in the State to 
participate in the partnership; 
‘‘(IV) make determinations and 
early notifications of assistance as de-
scribed under subsection (d)(2); and 
‘‘(V) annually report to the Sec-
retary on the partnership’s progress 
in meeting the purpose of this section; 
and 
‘‘(ii) may provide early information 
and intervention, mentoring, or outreach 
programs.
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•HR 4137 EH2S 
‘‘(B) DEGREE-GRANTING INSTITUTIONS OF 
HIGHER EDUCATION.—A degree-granting insti-
tution of higher education (as defined in section 
102) that is in a partnership receiving an allot-
ment under this section— 
‘‘(i) shall— 
‘‘(I) recruit and admit partici-
pating qualified students and provide 
such additional institutional grant aid 
to participating students as agreed to 
with the State agency; 
‘‘(II) provide support services to 
students who receive an access and 
persistence grant under this section 
and are enrolled at such institution; 
and 
‘‘(III) assist the State in the 
identification of eligible students and 
the dissemination of early notifica-
tions of assistance as agreed to with 
the State agency; and 
‘‘(ii) may provide funding for early in-
formation and intervention, mentoring, or 
outreach programs or provide such services 
directly.
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•HR 4137 EH2S 
‘‘(C) PROGRAMS.—An early information 
and intervention, mentoring, or outreach pro-
gram that is in a partnership receiving an allot-
ment under this section shall provide direct 
services, support, and information to partici-
pating students. 
‘‘(D) PHILANTHROPIC
ORGANIZATION
OR 
PRIVATE CORPORATION.—A philanthropic orga-
nization or private corporation that is in a part-
nership receiving an allotment under this sec-
tion shall provide funds for access and persist-
ence grants for participating students, or pro-
vide funds or support for early information and 
intervention, mentoring, or outreach programs. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) 
ESTABLISHMENT
OF
PARTNER-
SHIP.—Each State receiving an allotment under 
this section shall use the funds to establish a 
partnership to award access and persistence 
grants to eligible low-income students in order 
to increase the amount of financial assistance 
such students receive under this subpart for un-
dergraduate education expenses. 
‘‘(B) AMOUNT.—
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•HR 4137 EH2S 
‘‘(i) PARTNERSHIPS
WITH
INSTITU-
TIONS SERVING LESS THAN A MAJORITY 
OF STUDENTS IN THE STATE.— 
‘‘(I) IN GENERAL.—In the case 
where a State receiving an allotment 
under this section is in a partnership 
described in subsection (b)(2)(B)(i), 
the amount of an access and persist-
ence grant awarded by such State 
shall be not less than the amount that 
is equal to the average undergraduate 
tuition and mandatory fees at 4-year 
public institutions of higher education 
in the State where the student resides 
and such amount shall be used toward 
the cost of attendance at an institu-
tion of higher education, located in 
the State, that is a partner in the 
partnership. 
‘‘(II) COST OF ATTENDANCE.—A 
State that has a program, apart from 
the partnership under this section, of 
providing eligible low-income students 
with grants that are equal to the aver-
age undergraduate tuition and man-
327 
•HR 4137 EH2S 
datory fees at 4-year public institu-
tions of higher education in the State, 
may increase the amount of access 
and persistence grants awarded by 
such State up to an amount that is 
equal to the average cost of attend-
ance at 4-year public institutions of 
higher education in the State. 
‘‘(ii) PARTNERSHIP
WITH
INSTITU-
TIONS
SERVING
THE
MAJORITY
OF
STU-
DENTS IN THE STATE.—In the case where 
a State receiving an allotment under this 
section is in a partnership described in 
subsection (b)(2)(B)(ii), the amount of an 
access and persistence grant awarded by 
such State shall be not less than the aver-
age cost of attendance at 4-year public in-
stitutions of higher education in the State 
where the student resides and such amount 
shall be used by the student to attend an 
institution of higher education, located in 
the State, that is a partner in the partner-
ship. 
‘‘(2) EARLY NOTIFICATION.—
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•HR 4137 EH2S 
‘‘(III) an explanation that stu-
dent and family eligibility and partici-
pation in other Federal means-tested 
programs may indicate eligibility for 
an access and persistence grant and 
other student aid programs; 
‘‘(IV) a nonbinding estimation of 
the total amount of financial aid a 
low-income student with a similar in-
come level may expect to receive, in-
cluding an estimation of the amount 
of an access and persistence grant 
and an estimation of the amount of 
grants, loans, and all other available 
types of aid from the major Federal 
and State financial aid programs; 
‘‘(V) an explanation that in order 
to be eligible for an access and per-
sistence grant, at a minimum, a stu-
dent shall meet the requirement under 
paragraph (3), graduate from sec-
ondary school, and enroll at an insti-
tution of higher education that is a 
partner in the partnership;
330 
•HR 4137 EH2S 
‘‘(VI) information on any addi-
tional requirements (such as a student 
pledge detailing student responsibil-
ities) that the State may impose for 
receipt of an access and persistence 
grant under this section; and 
‘‘(VII) instructions on how to 
apply for an access and persistence 
grant and an explanation that a stu-
dent is required to file a Free Applica-
tion for Federal Student Aid author-
ized under section 483(a) to be eligi-
ble for such grant and assistance from 
other Federal and State financial aid 
programs; and 
‘‘(ii) may include a disclaimer that ac-
cess and persistence grant awards are con-
tingent upon— 
‘‘(I) a determination of the stu-
dent’s financial eligibility at the time 
of the student’s enrollment at an in-
stitution of higher education that is a 
partner in the partnership; 
‘‘(II) annual Federal and State 
appropriations; and
331 
•HR 4137 EH2S 
‘‘(III) other aid received by the 
student at the time of the student’s 
enrollment at an institution of higher 
education that is a partner in the 
partnership. 
‘‘(3) ELIGIBILITY.—In determining which stu-
dents are eligible to receive access and persistence 
grants, the State shall ensure that each such student 
complies with the following subparagraph (A) or 
(B): 
‘‘(A) Meets not less than 2 of the following 
criteria, with priority given to students meeting 
all of the following criteria: 
‘‘(i) Has an expected family contribu-
tion equal to zero (as described in section 
479) or a comparable alternative based 
upon the State’s approved criteria in sec-
tion 415C(b)(4). 
‘‘(ii) Has qualified for a free lunch, or 
at the State’s discretion a reduced price 
lunch, under the school lunch program es-
tablished under the Richard B. Russell Na-
tional School Lunch Act.
332 
•HR 4137 EH2S 
‘‘(iii) Qualifies for the State’s max-
imum undergraduate award, as authorized 
under section 415C(b). 
‘‘(iv) Is participating in, or has par-
ticipated in, a Federal, State, institutional, 
or community early information and inter-
vention, mentoring, or outreach program, 
as recognized by the State agency admin-
istering activities under this section. 
‘‘(B) Is receiving, or has received, an ac-
cess and persistence grant under this section, in 
accordance with paragraph (5). 
‘‘(4) GRANT AWARD.—Once a student, includ-
ing a student who has received early notification 
under paragraph (2) from the State, applies for ad-
mission to an institution that is a partner in the 
partnership, files a Free Application for Federal 
Student Aid and any related State form, and is de-
termined to be eligible by the State under paragraph 
(3), the State shall— 
‘‘(A) issue the student a preliminary access 
and persistence grant award certificate with 
tentative award amounts; and 
‘‘(B) inform the student that payment of 
the 
access 
and 
persistence 
grant 
award
333 
•HR 4137 EH2S 
amounts is subject to certification of enrollment 
and award eligibility by the institution of higher 
education. 
‘‘(5) DURATION OF AWARD.—An eligible stu-
dent that receives an access and persistence grant 
under this section shall receive such grant award for 
each year of such student’s undergraduate education 
in which the student remains eligible for assistance 
under this title, including pursuant to section 
484(c), and remains financially eligible as deter-
mined by the State, except that the State may im-
pose reasonable time limits to baccalaureate degree 
completion. 
‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State 
that receives an allotment under this section may reserve 
not more than 3.5 percent of the funds made available 
annually through the allotment for State administrative 
functions required to carry out this section. 
‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN-
STITUTIONS
OF HIGHER EDUCATION.—The Secretary 
may grant, upon the request of an institution of higher 
education that is in a partnership described in subsection 
(b)(2)(B)(ii) and that receives an allotment under this sec-
tion, a waiver for such institution from statutory or regu-
latory requirements that inhibit the ability of the institu-
334 
•HR 4137 EH2S 
tion to successfully and efficiently participate in the activi-
ties of the partnership. 
‘‘(g) APPLICABILITY RULE.—The provisions of this 
subpart which are not inconsistent with this section shall 
apply to the program authorized by this section. 
‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 
Each State receiving an allotment under this section for 
a fiscal year shall provide the Secretary an assurance that 
the aggregate amount expended per student or the aggre-
gate expenditures by the State, from funds derived from 
non-Federal sources, for the authorized activities de-
scribed in subsection (d) for the preceding fiscal year were 
not less than the amount expended per student or the ag-
gregate expenditure by the State for such activities for the 
second preceding fiscal year. 
‘‘(i) SPECIAL RULE.—Notwithstanding subsection 
(h), for purposes of determining a State’s share of the cost 
of the authorized activities described in subsection (d), the 
State shall consider only those expenditures from non- 
Federal sources that exceed its total expenditures for 
need-based grants, scholarships, and work-study assist-
ance for fiscal year 1999 (including any such assistance 
provided under this subpart). 
‘‘(j) REPORTS.—Not later than 3 years after the date 
of enactment of the College Opportunity and Affordability
335 
•HR 4137 EH2S 
Act of 2008, and annually thereafter, the Secretary shall 
submit a report describing the activities and the impact 
of the partnerships under this section to the authorizing 
committees.’’. 
(d) CONTINUATION AND TRANSITION.—During the 
2-year period commencing on the date of enactment of this 
Act, the Secretary shall continue to award grants under 
section 415E of the Higher Education Act of 1965 (20 
U.S.C. 1070c–3a), as such section existed on the day be-
fore the date of enactment of this Act, to States that 
choose to apply for grants under such predecessor section. 
(e) IMPLEMENTATION
AND EVALUATION.—Section 
491(j) (20 U.S.C. 1098(j)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) not later than 6 months after the date of 
enactment of the College Opportunity and Afford-
ability Act of 2008, advise the Secretary on means 
to implement the activities under section 415E, and 
the Advisory Committee shall continue to monitor, 
evaluate, 
and 
make 
recommendations 
on 
the
336 
•HR 4137 EH2S 
progress of partnerships that receive allotments 
under such section; and’’. 
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM-
ILIES ARE ENGAGED IN MIGRANT AND SEA-
SONAL FARMWORK. 
Section 418A (20 U.S.C. 1070d–2) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B)(i), by striking 
‘‘parents’’ and inserting ‘‘immediate family’’; 
(B) in paragraph (3)(B), by inserting ‘‘(in-
cluding preparation for college entrance exami-
nations)’’ after ‘‘college program’’; 
(C) in paragraph (5), by striking ‘‘weekly’’; 
(D) in paragraph (7), by striking ‘‘and’’ 
after the semicolon; 
(E) in paragraph (8)— 
(i) by inserting ‘‘(such as transpor-
tation and child care)’’ after ‘‘services’’; 
and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(9) other activities to improve persistence and 
retention in postsecondary education.’’; 
(2) in subsection (c)—
337 
•HR 4137 EH2S 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘parents’’ and inserting ‘‘immediate fam-
ily’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘to improve place-
ment, persistence, and retention in 
postsecondary education,’’ after ‘‘serv-
ices’’; and 
(II) in clause (i), by striking 
‘‘and career’’ and inserting ‘‘career, 
and economic education or personal fi-
nance’’; 
(iii) in subparagraph (E), by striking 
‘‘and’’ after the semicolon; 
(iv) by redesignating subparagraph 
(F) as subparagraph (G); 
(v) by inserting after subparagraph 
(E) the following: 
‘‘(F) internships; and’’; and 
(vi) in subparagraph (G) (as redesig-
nated by clause (iv)), by striking ‘‘support 
services’’ and inserting ‘‘essential sup-
338 
•HR 4137 EH2S 
portive services (such as transportation 
and child care)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘, and 
coordinating such services, assistance, and 
aid with other non-program services, as-
sistance, and aid, including services, assist-
ance, and aid provided by community- 
based organizations, which may include 
mentoring and guidance; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) for students attending 2-year institutions 
of higher education, encouraging the students to 
transfer to 4-year institutions of higher education, 
where appropriate, and monitoring the rate of trans-
fer of such students.’’; 
(3) in subsection (e), by striking ‘‘section 
402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 
(4) in subsection (f)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; and
339 
•HR 4137 EH2S 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; 
(5) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; 
(6) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) RESERVATION AND ALLOCATION OF FUNDS.— 
From the amounts made available under subsection (i), 
the Secretary— 
‘‘(1) may reserve not more than a total of 1⁄2 
of 1 percent for outreach activities, technical assist-
ance, and professional development programs relat-
ing to the programs under subsection (a); and 
‘‘(2) shall, in awarding grants from the remain-
der of such amounts— 
‘‘(A) make available not less than 45 per-
cent of such remainder for the high school 
equivalency programs and not less than 45 per-
cent of such remainder for the college assist-
ance migrant programs; 
‘‘(B) award the rest of such remainder for 
either high school equivalency programs or col-
lege assistance migrant programs based on the 
number, quality, and promise of the applica-
tions; and
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•HR 4137 EH2S 
‘‘(C) consider the need to provide an equi-
table geographic distribution of such grants.’’; 
(7) by striking subsection (h) (as redesignated 
by paragraph (5)) and inserting the following: 
‘‘(h) DATA COLLECTION.—The Commissioner for 
Education Statistics shall— 
‘‘(1) annually collect data on persons receiving 
services authorized under this subpart regarding 
such persons rates of secondary school graduation, 
entrance into postsecondary education, and comple-
tion of postsecondary education; 
‘‘(2) not less often than once every 2 years, pre-
pare and submit to the authorizing committees a re-
port based on the most recently available data under 
paragraph (1) to the authorizing committees; and 
‘‘(3) make such report available to the public.’’; 
and 
(8) by striking subsection (i) (as redesignated 
by paragraph (5)) and inserting the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of making grants and contracts under this sec-
tion, there are authorized to be appropriated $75,000,000 
for fiscal year 2009 and such sums as may be necessary 
for the each of the 4 succeeding fiscal years.’’.
341 
•HR 4137 EH2S 
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PRO-
GRAM. 
Subpart 6 of part A of title IV is amended to read 
as follows: 
‘‘Subpart 6—Robert C. Byrd American 
Competitiveness Program 
‘‘SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE 
HONORS SCHOLARSHIP PROGRAM. 
‘‘(a) PURPOSE.—The purpose of this section is to 
award scholarships to students who are enrolled in studies 
leading to baccalaureate and advanced degrees in physical, 
life, or computer sciences, mathematics, or engineering. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘computer science’ means the 
branch of knowledge or study of computers, includ-
ing such fields of knowledge or study as computer 
hardware, computer software, computer engineering, 
information systems, and robotics; 
‘‘(2) the term ‘eligible student’ means a student 
who— 
‘‘(A) is a citizen of the United States; 
‘‘(B) is selected by the managing agent to 
receive a scholarship; 
‘‘(C) is enrolled full-time in an institution 
of higher education, other than a United States 
service academy; and
342 
•HR 4137 EH2S 
‘‘(D) has shown a commitment to and is 
pursuing a major in studies leading to a bacca-
laureate, masters, or doctoral degree (or a com-
bination thereof) in physical, life, or computer 
sciences, mathematics, or engineering; 
‘‘(3) the term ‘engineering’ means the science 
by which the properties of matter and the sources of 
energy in nature are made useful to humanity in 
structures, machines, and products, as in the con-
struction of engines, bridges, buildings, mines, and 
chemical plants, including such fields of knowledge 
or study as aeronautical engineering, chemical engi-
neering, civil engineering, electrical engineering, in-
dustrial engineering, materials engineering, manu-
facturing engineering, and mechanical engineering; 
‘‘(4) the term ‘life sciences’ means the branch 
of knowledge or study of living things, including 
such fields of knowledge or study as biology, bio-
chemistry, biophysics, microbiology, genetics, physi-
ology, botany, zoology, ecology, and behavioral biol-
ogy, except that the term does not encompass the 
health professions; 
‘‘(5) the term ‘managing agent’ means an enti-
ty to which an award is made under subsection (c)
343 
•HR 4137 EH2S 
to manage a program of Mathematics and Science 
Honors Scholarships; 
‘‘(6) the term ‘mathematics’ means the branch 
of knowledge or study of numbers and the system-
atic treatment of magnitude, relationships between 
figures and forms, and relations between quantities 
expressed symbolically, including such fields of 
knowledge or study as statistics, applied mathe-
matics, and operations research; and 
‘‘(7) the term ‘physical sciences’ means the 
branch of knowledge or study of the material uni-
verse, including such fields of knowledge or study as 
astronomy, atmospheric sciences, chemistry, earth 
sciences, ocean sciences, physics, and planetary 
sciences. 
‘‘(c) AWARD.— 
‘‘(1)(A) From funds appropriated under section 
419F to carry out this section, the Secretary is au-
thorized, through a grant or cooperative agreement, 
to make an award to a private, non-profit organiza-
tion, other than an institution of higher education or 
system of institutions of higher education, to man-
age, through a public and private partnership, a pro-
gram of Mathematics and Science Honors Scholar-
ships under this section.
344 
•HR 4137 EH2S 
‘‘(B) The award under subparagraph (A) shall 
be for a five-year period. 
‘‘(2)(A) One hundred percent of the funds 
awarded under paragraph (1)(A) for any fiscal year 
shall be obligated and expended solely on scholar-
ships to eligible students. 
‘‘(B) No Federal funds shall be used to provide 
more than 50 percent of the cost of any scholarship 
to an eligible student. 
‘‘(3)(A) The Secretary may establish— 
‘‘(i) eligibility criteria for applicants for 
managing agent, including criteria regarding fi-
nancial and administrative capability; and 
‘‘(ii) operational standards for the man-
aging agent, including management and per-
formance requirements, such as audit, record-
keeping, record retention, and reporting proce-
dures and requirements. 
‘‘(B) The Secretary, as necessary, may review 
and revise any criteria, standards, and rules estab-
lished under this paragraph and, through the agree-
ment with the managing agent, see that any revi-
sions are implemented.
345 
•HR 4137 EH2S 
‘‘(4) If the managing agent fails to meet the re-
quirements of this section the Secretary may termi-
nate the award to the managing agent. 
‘‘(5) The Secretary shall conduct outreach ef-
forts to help raise awareness of the Mathematics and 
Science Honors Scholarships. 
‘‘(d) DUTIES OF THE MANAGING AGENT.—The man-
aging agent shall— 
‘‘(1) develop criteria to award Mathematics and 
Science Honors Scholarships based on established 
measurements available to secondary students who 
wish to pursue degrees in physical, life, or computer 
sciences, mathematics, or engineering; 
‘‘(2) establish a Mathematics and Science Hon-
ors Scholarship Fund in a separate, named account 
that clearly discloses the amount of Federal and 
non-Federal funds deposited in the account and used 
for scholarships under this section; 
‘‘(3) solicit funds for scholarships and for the 
administration of the program from non-Federal 
sources; 
‘‘(4) solicit applicants for scholarships; 
‘‘(5) from the amounts in the Fund, award 
scholarships to eligible students and transfer such
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funds to the institutions of higher education that 
they attend; 
‘‘(6) annually submit to the Secretary a finan-
cial audit and a report on the progress of the pro-
gram, and such other documents as the Secretary 
may require to determine the effective management 
of the program; and 
‘‘(7) shall not develop a criteria that discrimi-
nates against a student based on the type of pro-
gram in which the student completed his or her sec-
ondary education. 
‘‘(e) APPLICATIONS.— 
‘‘(1) Any eligible entity that desires to be the 
managing agent under this section shall submit an 
application to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire. 
‘‘(2) Each application shall include a descrip-
tion of— 
‘‘(A) how the applicant meets or will meet 
requirements established under subsections 
(c)(3)(A) and (d); 
‘‘(B) how the applicant will solicit funds 
for scholarships and for the administration of 
the program from non-Federal sources;
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‘‘(C) how the applicant will provide nation-
wide outreach to inform students about the pro-
gram and to encourage students to pursue de-
grees in physical, life, or computer sciences, 
mathematics, or engineering; 
‘‘(D) how the applicant will solicit applica-
tions for scholarships, including how the appli-
cant will balance efforts in urban and rural 
areas; 
‘‘(E) the selection criteria based on estab-
lished measurements available to secondary stu-
dents the applicant will use to award scholar-
ships and to renew those awards; 
‘‘(F) how the applicant will inform the in-
stitution of higher education chosen by the re-
cipient of the name and scholarship amount of 
the recipient; 
‘‘(G) what procedures and assurances the 
applicant and the institution of higher edu-
cation that the recipient attends will use to 
verify student eligibility, attendance, degree 
progress, and academic performance and to de-
liver and account for payments to such institu-
tion;
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‘‘(H) the management (including audit and 
accounting) procedures the applicant will use 
for the program; 
‘‘(I) the human, financial, and other re-
sources that the applicant will need and use to 
manage the program; 
‘‘(J) how the applicant will evaluate the 
program and report to the Secretary annually; 
and 
‘‘(K) a description of how the entity will 
coordinate with, complement, and build on simi-
lar public and private mathematics and science 
programs. 
‘‘(f) SCHOLARSHIP RECIPIENTS.— 
‘‘(1) A student receiving a scholarship under 
this section shall be known as a Byrd Mathematics 
and Science Honors Scholar. 
‘‘(2) Any student desiring to receive a scholar-
ship under this section shall submit an application 
to the managing agent in such form, and containing 
such information, as the managing agent may re-
quire. 
‘‘(3) Any student that receives a scholarship 
under this section shall enter into an agreement with 
the managing agent to complete 5 consecutive years
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•HR 4137 EH2S 
of service in a full-time position related to the field 
in which the student obtained his or her under-
graduate degree, to begin no later than 12 months 
following the later of— 
‘‘(A) the completion of the student’s un-
dergraduate degree program; or 
‘‘(B) the completion of a graduate degree 
program in a field related to the field in which 
the student obtained his or her undergraduate 
degree. 
‘‘(4) If any student that receives a scholarship 
under this section fails to earn at least a bacca-
laureate degree in physical, life, or computer 
sciences, mathematics, or engineering as defined 
under this section, the student shall repay to the 
managing agent the amount of any financial assist-
ance paid to such student. 
‘‘(5) If any student that receives a scholarship 
under this section fails to meet the requirements of 
paragraph (3), the student shall repay to the man-
aging agent the amount of any financial assistance 
paid to such student. 
‘‘(6)(A) Scholarships shall be awarded for only 
one academic year of study at a time.
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‘‘(B)(i) A scholarship shall be renewable on an 
annual basis for the established length of the aca-
demic program if the student awarded the scholar-
ship remains eligible. 
‘‘(ii) The managing agent may condition re-
newal of a scholarship on measures of academic 
progress and achievement, with the approval of the 
Secretary. 
‘‘(C)(i) If a student fails to either remain eligi-
ble or meet established measures of academic 
progress and achievement, the managing agent shall 
instruct the student’s institution of higher education 
to suspend payment of the student’s scholarship. 
‘‘(ii) A suspension of payment shall remain in 
effect until the student is able to demonstrate to the 
satisfaction of the managing agent that he or she is 
again eligible and meets the established measures of 
academic progress and achievement. 
‘‘(iii) A student’s eligibility for a scholarship 
shall be terminated if a suspension period exceeds 
12 months. 
‘‘(D)(i)(I) A student awarded a scholarship 
may, in a manner and under the terms established 
by, and with the approval of, the managing agent,
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postpone or interrupt his or her enrollment at an in-
stitution of higher education for up to 12 months. 
‘‘(II) Such a postponement or interruption shall 
not be considered a suspension for purposes of sub-
paragraph (C). 
‘‘(ii) Neither a student nor the student’s insti-
tution of higher education shall receive the student’s 
scholarship payments during the period of postpone-
ment or interruption, but such payments shall re-
sume upon enrollment or reenrollment. 
‘‘(iii) In exceptional circumstances, such as seri-
ous injury or illness or the necessity to care for fam-
ily members, the student’s postponement or inter-
ruption may, upon notification and approval of the 
managing agent, be extended beyond the 12 month 
period described in clause (i)(I). 
‘‘(g) RESPONSIBILITIES OF INSTITUTION OF HIGHER 
EDUCATION.— 
‘‘(1) The managing agent shall require any in-
stitution of higher education that enrolls a student 
who receives a scholarship under this section to an-
nually provide an assurance, prior to making any 
payment, that the student— 
‘‘(A) is eligible in accordance with sub-
section (b)(2); and
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‘‘(B) has provided the institution with a 
written commitment to attend, or is attending, 
classes and is satisfactorily meeting the institu-
tion’s academic criteria for enrollment in its 
program of study. 
‘‘(2)(A) The managing agent shall provide the 
institution of higher education with payments from 
the Fund for selected recipients in at least two in-
stallments. 
‘‘(B) If a recipient declines a scholarship, does 
not attend courses, transfers to another institution 
of higher education, or becomes ineligible for a 
scholarship, an institution of higher education shall 
return prorated amounts of any scholarship payment 
to that recipient to the managing agent, who shall 
deposit it in to the Fund. 
‘‘SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PRO-
GRAM. 
‘‘(a) PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to carry out a program of assuming the obligation 
to pay, pursuant to the provisions of this section, the 
interest on a loan made, insured, or guaranteed 
under part B or D of this title.
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‘‘(2) ELIGIBILITY.—The Secretary may assume 
interest payments under paragraph (1) only for a 
borrower who— 
‘‘(A) has submitted an application in com-
pliance with subsection (d); 
‘‘(B) obtained one or more loans described 
in paragraph (1) as an undergraduate student; 
‘‘(C) is a new borrower (within the mean-
ing of section 103(7) of this Act) on or after 
the date of enactment of the College Oppor-
tunity and Affordability Act of 2008; 
‘‘(D) is a highly qualified teacher (as de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965) of science, 
technology, engineering or mathematics at an 
elementary or secondary school in a high need 
local educational agency, or is a mathematics, 
science, or engineering professional; and 
‘‘(E) enters into an agreement with the 
Secretary to complete 5 consecutive years of 
service in a position described in subparagraph 
(D), starting on the date of the agreement. 
‘‘(3) PRIOR INTEREST LIMITATIONS.—The Sec-
retary shall not make any payments for interest 
that—
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‘‘(A) accrues prior to the beginning of the 
repayment period on a loan in the case of a 
loan made under section 428H or a Federal Di-
rect Unsubsidized Stafford Loan; or 
‘‘(B) has accrued prior to the signing of an 
agreement under paragraph (2)(E). 
‘‘(4) INITIAL SELECTION.—In selecting partici-
pants for the program under this section, the Sec-
retary— 
‘‘(A) shall choose among eligible applicants 
on the basis of— 
‘‘(i) the national security, homeland 
security, and economic security needs of 
the United States, as determined by the 
Secretary, in consultation with other Fed-
eral agencies, including the Departments 
of Labor, Defense, Homeland Security, 
Commerce, and Energy, the Central Intel-
ligence Agency, and the National Science 
Foundation; and 
‘‘(ii) the academic record or job per-
formance of the applicant; and 
‘‘(B) may choose among eligible applicants 
on the basis of—
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‘‘(i) the likelihood of the applicant to 
complete the 5-year service obligation; 
‘‘(ii) the likelihood of the applicant to 
remain in science, mathematics, or engi-
neering after the completion of the service 
requirement; or 
‘‘(iii) other relevant criteria deter-
mined by the Secretary. 
‘‘(5) AVAILABILITY
SUBJECT
TO
APPROPRIA-
TIONS.—Loan interest payments under this section 
shall be subject to the availability of appropriations. 
If the amount appropriated for any fiscal year is not 
sufficient to provide interest payments on behalf of 
all qualified applicants, the Secretary shall give pri-
ority to those individuals on whose behalf interest 
payments were made during the preceding fiscal 
year. 
‘‘(6) REGULATIONS.—The Secretary is author-
ized to prescribe such regulations as may be nec-
essary to carry out the provisions of this section. 
‘‘(b) DURATION AND AMOUNT OF INTEREST PAY-
MENTS.—The period during which the Secretary shall pay 
interest on behalf of a student borrower who is selected 
under subsection (a) is the period that begins on the effec-
tive date of the agreement under subsection (a)(2)(E),
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•HR 4137 EH2S 
continues after successful completion of the service obliga-
tion, and ends on the earlier of— 
‘‘(1) the completion of the repayment period of 
the loan; 
‘‘(2) payment by the Secretary of a total of 
$5,000 on behalf of the borrower; 
‘‘(3) if the borrower ceases to fulfill the service 
obligation under such agreement prior to the end of 
the 5-year period, as soon as the borrower is deter-
mined to have ceased to fulfill such obligation in ac-
cordance with regulations of the Secretary; or 
‘‘(4) 6 months after the end of any calendar 
year in which the borrower’s gross income equals or 
exceeds 4 times the national per capita disposable 
personal income (current dollars) for such calendar 
year, as determined on the basis of the National In-
come and Product Accounts Tables of the Bureau of 
Economic Analysis of the Department of Commerce, 
as determined in accordance with regulations pre-
scribed by the Secretary. 
‘‘(c) REPAYMENT TO ELIGIBLE LENDERS.—Subject 
to the regulations prescribed by the Secretary by regula-
tion under subsection (a)(6), the Secretary shall pay to 
each eligible lender or holder for each payment period the
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amount of the interest that accrues on a loan of a student 
borrower who is selected under subsection (a). 
‘‘(d) APPLICATION FOR REPAYMENT.— 
‘‘(1) IN GENERAL.—Each eligible individual de-
siring loan interest payment under this section shall 
submit a complete and accurate application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREE-
MENT.—Such application shall contain an agreement 
by the individual that, if the individual fails to com-
plete the 5 consecutive years of service required by 
subsection (a)(2)(E), the individual agrees to repay 
the Secretary the amount of any interest paid by the 
Secretary on behalf of the individual. 
‘‘(e) TREATMENT
OF CONSOLIDATION LOANS.—A 
consolidation loan made under section 428C of this Act, 
or a Federal Direct Consolidation Loan made under part 
D of title IV of this Act, may be a qualified loan for the 
purpose of this section only to the extent that such loan 
amount was used by a borrower who otherwise meets the 
requirements of this section to repay— 
‘‘(1) a loan made under section 428 or 428H 
of this Act; or
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‘‘(2) a Federal Direct Stafford Loan, or a Fed-
eral Direct Unsubsidized Stafford Loan, made under 
part D of title IV of this Act. 
‘‘(f) PREVENTION OF DOUBLE BENEFITS.—No bor-
rower may, for the same service, receive a benefit under 
both this section and— 
‘‘(1) any loan forgiveness program under title 
IV of this Act; or 
‘‘(2) subtitle D of title I of the National and 
Community Service Act of 1990 (42 U.S.C. 12601 
et seq.). 
‘‘(g) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘high need local educational agen-
cy’ has the same meaning given such term in section 
200; and 
‘‘(2) the term ‘mathematics, science, or engi-
neering professional’ means a person who— 
‘‘(A) holds a baccalaureate, masters, or 
doctoral degree (or a combination thereof) in 
science, mathematics, or engineering; and 
‘‘(B) works in a field the Secretary deter-
mines is closely related to that degree, which 
shall include working as a professor at a two- 
or four-year institution of higher education.
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‘‘SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS. 
‘‘(a) PURPOSE.—The purpose of this section is to in-
crease the number of highly qualified teachers in, and the 
number of United States’ students who achieve the highest 
level of proficiency in, foreign languages critical to the se-
curity and competitiveness of the Nation. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to institutions of higher edu-
cation, in partnership with one or more local educational 
agencies, to establish teacher preparation programs in 
critical foreign languages, and activities that will enable 
successful students to advance from elementary school 
through college to achieve proficiency in those languages. 
‘‘(c) APPLICATIONS.— 
‘‘(1) APPLICATION REQUIRED.—Any institution 
of higher education that desires to receive 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 re-
quire. 
‘‘(2) CONTENTS.—Each Application shall— 
‘‘(A) identify each local educational agency 
partner and describe each such partner’s re-
sponsibilities (including how they will be in-
volved in planning and implementing the pro-
gram, what resources they will provide, and how
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•HR 4137 EH2S 
they will ensure continuity of student progress 
from elementary school to the postsecondary 
level); and 
‘‘(B) describe how the applicant will sup-
port and continue the program after the grant 
has expired, including how it will seek support 
from other sources, such as State and local gov-
ernment, foundations, and the private sector. 
‘‘(d) USES OF FUNDS.—Funds awarded under this 
section shall be used to develop and implement programs 
consistent with the purpose of this section by carrying out 
one or more of the following activities: 
‘‘(1) To recruit highly qualified teachers in crit-
ical foreign languages and professional development 
activities for such teachers at the elementary 
through high school level. 
‘‘(2) To provide innovative opportunities for 
students that will allow for critical language learn-
ing, such as immersion environments, intensive 
study opportunities, internships, and distance learn-
ing. 
‘‘(e) 
MATCHING
REQUIREMENT.—Each 
grantee 
under this section shall provide, from non-Federal sources, 
an amount equal to 100 percent of the amount of the
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•HR 4137 EH2S 
grant (in cash or in kind) to carry out the activities sup-
ported by the grant. 
‘‘(f) EVALUATION.—The Secretary shall evaluate the 
activities funded under this section and report the results 
of the evaluation to the appropriate Committees of Con-
gress. 
‘‘(g) REPORT ON BEST PRACTICES.—Within one year 
after the date of enactment of this section, the Secretary 
shall— 
‘‘(1) conduct a study to identify the best prac-
tices to strengthen the role of institutions that re-
ceive funding under title III or title V in increasing 
America’s critical foreign language education efforts; 
and 
‘‘(2) submit a report on the results of such 
study to the authorizing committees. 
‘‘SEC. 419D. ADJUNCT TEACHER CORPS. 
‘‘(a) PURPOSE.—The purpose of this section is to cre-
ate opportunities for individuals with subject matter ex-
pertise in mathematics, science, and critical foreign lan-
guages to provide such subject matter expertise to sec-
ondary school students on an adjunct basis. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities to identify, re-
cruit, and train individuals with subject matter expertise
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•HR 4137 EH2S 
in mathematics, science, and critical foreign languages to 
serve as adjunct content specialists. 
‘‘(c) DURATION OF GRANTS.—The Secretary may 
award grants under this section for a period of not more 
than 5 years. 
‘‘(d) ELIGIBLE ENTITY.—For the purpose of this sec-
tion, an eligible entity is— 
‘‘(1) a local educational agency; or 
‘‘(2) a partnership consisting of a local edu-
cational agency, serving as a fiscal agent, and a pub-
lic or private educational organization or business. 
‘‘(e) USES OF FUNDS.—An eligible entity that re-
ceives a grant under this section is authorized to use such 
grant to carry out one or both of the following activities: 
‘‘(1) To develop the capacity of the eligible enti-
ty to identify, recruit, and train individuals with 
subject matter expertise in mathematics, science, 
and critical foreign languages who are not employed 
in the elementary and secondary education system 
(including individuals in business and government, 
and individuals who would participate through dis-
tance-learning arrangements) to become adjunct 
content specialists.
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•HR 4137 EH2S 
‘‘(2) To provide pre-service training and on- 
going professional development to adjunct content 
specialists. 
‘‘(f) APPLICATIONS.— 
‘‘(1) APPLICATION REQUIRED.—To be consid-
ered for a grant under this section, an eligible entity 
shall submit an application to the Secretary at such 
time, in such manner, and containing such informa-
tion as the Secretary requires. 
‘‘(2) CONTENTS.—Such application shall in-
clude a description of— 
‘‘(A) the need for, and expected benefits of 
using, adjunct content specialists in the schools 
of the local educational agency, which may in-
clude information on the difficulty the local 
educational agency faces in recruiting qualified 
faculty in mathematics, science, and critical for-
eign language courses; 
‘‘(B) measurable objectives for the activi-
ties supported by the grant, including the num-
ber of adjunct content specialists the eligible 
entity intends to place in schools and class-
rooms, and the gains in academic achievement 
expected as a result of the addition of such spe-
cialists;
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•HR 4137 EH2S 
‘‘(C) how the eligible entity will establish 
criteria for and recruit the most qualified indi-
viduals and public or private organizations and 
businesses to participate in the activities sup-
ported by the grant; 
‘‘(D) how the eligible entity will provide 
pre-service training and on-going professional 
development to adjunct content specialists to 
ensure that such specialists have the capacity to 
serve effectively; 
‘‘(E) how the eligible entity will use funds 
received under this section, including how the 
eligible entity will evaluate the success of the 
activities supported by the grant; 
‘‘(F) how the eligible entity will support 
and continue the activities supported by the 
grant after the grant has expired, including how 
such entity will seek support from other 
sources, such as State and local government 
and the private sector; and 
‘‘(G) an assurance that the use of adjunct 
content specialists will not result in the dis-
placement or transfer of currently employed 
teachers nor a reduction in the number of over-
all teachers in the district.
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•HR 4137 EH2S 
‘‘(g) PRIORITIES.—In awarding grants under this 
section, the Secretary shall give priority to eligible entities 
that demonstrate in the application for such a grant a plan 
to— 
‘‘(1) serve the schools of the local educational 
agency that have a large number or percentage of 
students performing below grade level in mathe-
matics, science, or critical foreign language courses; 
‘‘(2) serve local educational agencies that have 
a large number or percentage of students from fami-
lies with incomes below the poverty line (as such 
term is defined in section 200); and 
‘‘(3) recruit and train individuals to serve as 
adjunct content specialists in schools that have an 
insufficient number of teachers in mathematics, 
science, or critical foreign languages. 
‘‘(h) MATCHING REQUIREMENT.—Each eligible enti-
ty that receives a grant under this section shall provide, 
from non-Federal sources, an amount equal to 100 percent 
of the amount of such grant (in cash or in kind) to carry 
out the activities supported by such grant. 
‘‘(i) PERFORMANCE REPORT.—Each eligible entity 
receiving a grant under this section shall prepare and sub-
mit to the Secretary a final report on the results of the 
activities supported by such grant, which shall contain
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•HR 4137 EH2S 
such information as the Secretary may require, including 
any improvements in student academic achievement as a 
result of the use of adjunct content specialists. 
‘‘(j) EVALUATION.—The Secretary shall evaluate the 
activities supported by grants under this section, including 
the impact of such activities on student academic achieve-
ment, and shall report the results of such evaluation to 
the authorizing committees. 
‘‘(k) DEFINITION.—In this section the term ‘adjunct 
content specialist’ means an individual who— 
‘‘(1) 
meets 
the 
requirements 
of 
section 
9101(23)(B)(ii) of the Elementary and Secondary 
Education Act of 1965; 
‘‘(2) has demonstrated expertise in mathe-
matics, science, or a critical foreign language, as de-
termined by the local educational agency; and 
‘‘(3) may not be the primary provider of in-
structional services to a student unless the adjunct 
content specialist is under the direct supervision of 
a teacher who meets the requirements of Section 
9101(23) of such Act. 
‘‘SEC. 419E. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart $50,000,000 for fiscal year 2009 and such
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•HR 4137 EH2S 
sums as may be necessary for each of the 4 succeeding 
fiscal years.’’. 
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN 
SCHOOL. 
(a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 
U.S.C. 1070e(b)(2)(B)) is amended by striking ‘‘$10,000’’ 
and inserting ‘‘$30,000’’. 
(b) ELIGIBLE INSTITUTIONS.—Section 419N(b)(4) is 
amended 
by 
striking 
‘‘$350,000’’ 
and 
inserting 
‘‘$250,000’’. 
(c) INCOME ELIGIBILITY.—Section 419N(b)(7) is 
amended by striking ‘‘who is eligible to receive’’ and in-
serting ‘‘whose income qualifies for eligibility for’’. 
(d) PUBLICITY.—Section 419N(b) is further amend-
ed by adding at the end the following new paragraph: 
‘‘(8) PUBLICITY.—The Secretary shall publicize 
the availability of grants under this section in appro-
priate periodicals in addition to publication in the 
Federal Register, and shall inform appropriate edu-
cational organizations of such availability.’’. 
(e) REPORTING REQUIREMENTS.—Section 419N(e) 
is amended— 
(1) in paragraph (1)(A), by striking ‘‘18 
months,’’ and all that follows through the end there-
of and inserting ‘‘annually.’’; and
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•HR 4137 EH2S 
(2) in paragraph (2)— 
(A) by striking ‘‘the third annual grant 
payment’’ and inserting ‘‘continuation awards’’; 
and 
(B) by striking ‘‘the 18-month report’’ and 
inserting ‘‘the reports’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 
419N(g) (20 U.S.C. 1070e(g)) is amended by striking 
‘‘$45,000,000 for fiscal year 1999’’ and all that follows 
through the period and inserting ‘‘such sums as may be 
necessary for fiscal year 2009 and each of the 4 suc-
ceeding fiscal years.’’. 
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 
Subpart 8 of part A of title IV (20 U.S.C. 1070f et 
seq.) is repealed. 
SEC. 411. TEACH GRANTS. 
Subpart 9 of part A of title IV is amended— 
(1) in section 420L(1)(B), by striking ‘‘sound’’ 
and inserting ‘‘responsible’’; 
(2) in section 420M— 
(A) by striking ‘‘academic year’’ each place 
it appears in subsections (a)(1) and (c)(1) and 
inserting ‘‘year’’; and 
(B) in subsection (c)(2)—
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•HR 4137 EH2S 
(i) by striking ‘‘other student assist-
ance’’ and inserting ‘‘other assistance the 
student may receive’’; and 
(ii) by striking the second sentence; 
(3) in section 420N— 
(A) in subsection (b)— 
(i) in paragraph (1)(E), by striking 
‘‘and’’ after the semicolon; 
(ii) in paragraph (2), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing new paragraph: 
‘‘(3) contains, or is accompanied by, a plain- 
language disclosure form developed by the Secretary 
that clearly describes the nature of the TEACH 
Grant award, the service obligation, and the loan re-
payment requirements that are the consequence of 
the failure to complete the service obligation.’’; and 
(B) by adding a the end the following new 
subsection: 
‘‘(d) ADDITIONAL ADMINISTRATIVE PROVISIONS.— 
‘‘(1) CHANGE OF HIGH-NEED DESIGNATION.— 
In the event that a recipient of an initial grant 
under this subpart has acquired an academic degree,
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•HR 4137 EH2S 
or expertise, in a field that was, at the time of the 
recipient’s application for that grant, designated as 
high-need 
in 
accordance 
with 
subsection 
(b)(1)(C)(vii), but is no longer so designated, the 
grant recipient may fulfill the service obligation de-
scribed in subsection (b)(1) by teaching in that field. 
‘‘(2) 
EXTENUATING
CIRCUMSTANCES.—The 
Secretary shall establish, by regulation, categories of 
extenuating circumstances under which a recipient 
of a grant under this subpart who is unable to fulfill 
all or part of his or her service obligation may be ex-
cused from fulfilling that portion of the service obli-
gation.’’; and 
(4) by adding at the end the following new sec-
tion: 
‘‘SEC. 420P. PROGRAM EVALUATION. 
‘‘The Secretary shall evaluate the effectiveness of 
TEACH grants with respect to the schools and students 
served by recipients of such grants.’’. 
PART B—FEDERAL FAMILY EDUCATION LOANS 
SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED 
BY FEDERAL INSURANCE. 
Section 424(a) (20 U.S.C. 1074(a)) is amended— 
(1) by striking ‘‘2012’’ and inserting ‘‘2013’’; 
and
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(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 
SEC. 422. FEDERAL INTEREST SUBSIDIES. 
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amend-
ed— 
(1) by striking ‘‘2012’’ and inserting ‘‘2013’’; 
and 
(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 
SEC. 423. STUDENT LOAN INFORMATION. 
Section 428(k) (20 U.S.C. 1078(k)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) STUDENT LOAN INFORMATION.— 
‘‘(A) Notwithstanding any other provision 
of law or regulation, if requested by an institu-
tion of higher education or a third party 
servicer (as defined in section 481(c)) working 
on behalf of such institution to prevent student 
loan defaults for borrowers who currently at-
tend or previously attended such institution, a 
lender, secondary market, holder, or guaranty 
agency shall provide, free of charge and in a 
timely and effective manner, any student loan 
information pertaining to loans made under this 
title, as determined by the Secretary, to such 
borrowers maintained by that entity, provided 
that the information requested is for a borrower
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who currently attends or previously attended 
such institution. 
‘‘(B) An institution and any third party 
servicer obtaining access to information under 
subparagraph (A), including any subcontractor 
obtaining access to information under subpara-
graph (C)(iii), shall safeguard that informa-
tion— 
‘‘(i) as required by any law applicable 
to the institution, third party servicer, or 
subcontractor; and 
‘‘(ii) at least to the same extent that 
the disclosing financial institution is re-
quired to safeguard its customer informa-
tion under sections 501 and 505(b) of the 
Gramm-Leach-Bliley Act (15 U.S.C. 6801, 
6805(b)). 
‘‘(C) Any third party servicer that obtains 
information under this paragraph— 
‘‘(i) shall only use the information in 
a manner directly related to the default 
prevention work the servicer is performing 
on behalf of the institution of higher edu-
cation;
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‘‘(ii) shall not sell the information to 
other entities; 
‘‘(iii) shall not share the information 
with, or transfer the information to, enti-
ties other than the borrower, a subcon-
tractor of the third party servicer for pur-
poses of skip tracing, or the institution of 
higher education referenced in subpara-
graph (A); and 
‘‘(iv) shall be subject to any regula-
tions established by the Secretary pursuant 
to section 432 concerning the misuse of 
such information, including any penalties 
for such misuse. 
‘‘(D) Any requirement under subparagraph 
(A) to provide student loan information shall be 
considered an applicable legal requirement for 
the purposes of section 502(e)(8) of the 
Gramm-Leach-Bliley 
Act 
(15 
U.S.C. 
6802(e)(8)). 
‘‘(E) Any subcontractor obtaining access to 
information under subparagraph (C)(iii) shall 
meet the same restrictions that apply to third 
party servicers under subparagraph (C).’’.
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SEC. 424. VOLUNTARY FLEXIBLE AGREEMENTS. 
Section 428A(a) (20 U.S.C. 1078–1(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(3) REPORT
REQUIRED.—The Secretary, in 
consultation with the guaranty agencies partici-
pating under voluntary flexible agreements, shall re-
port on an annual basis to the authorizing commit-
tees regarding the program outcomes that the vol-
untary flexible agreements have had with respect to 
program integrity, program and cost efficiencies, de-
linquency prevention, default aversion, and consumer 
education programs described in section 433A, and 
the availability and delivery of student financial aid. 
Such report shall include— 
‘‘(A) a description of each voluntary flexi-
ble agreement and the performance goals estab-
lished by the Secretary for each agreement; 
‘‘(B) a list of participating guaranty agen-
cies and the specific statutory or regulatory 
waivers provided to each guaranty agency and 
any waivers provided to other guaranty agencies 
under paragraph (2); 
‘‘(C) a description of the standards by 
which each agency’s performance under the 
agency’s voluntary flexible agreement was as-
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sessed and the degree to which each agency 
achieved the performance standards; 
‘‘(D) an analysis of the fees paid by the 
Secretary, and the costs and efficiencies 
achieved under each voluntary flexible agree-
ment; and 
‘‘(E) an identification of promising prac-
tices for program improvement that could be 
replicated by other guaranty agencies.’’. 
SEC. 425. GRACE PERIOD FOR GRADUATE AND PROFES-
SIONAL STUDENT PLUS LOANS. 
(a) AMENDMENT.—Section 428B(d) (20 U.S.C. 
1078–2(d)) is amended by amending paragraphs (1) and 
(2) to read as follows: 
‘‘(1) COMMENCEMENT
OF
REPAYMENT.—Re-
payment of principal on loans made under this sec-
tion shall— 
‘‘(A) commence not later than— 
‘‘(i) in the case of a parent borrower, 
60 days after the date such loan is dis-
bursed by the lender; and 
‘‘(ii) in the case of a graduate or pro-
fessional student borrower, commence at 
the beginning of a repayment period that 
begins the day after 6 months after the
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date the student ceases to carry at least 
one-half the normal full-time academic 
workload (as determined by the institu-
tion); and 
‘‘(B) be subject to deferral during any pe-
riod during which the graduate or professional 
student or the parent meets the conditions re-
quired for a deferral under section 427(a)(2)(C) 
or 428(b)(1)(M). 
‘‘(2) CAPITALIZATION OF INTEREST.— 
‘‘(A) IN
GENERAL.—Interest on loans 
made under this section— 
‘‘(i) which accrues prior to the begin-
ning 
of 
repayment 
under 
paragraph 
(1)(A)(i), shall be added to the principal 
amount of the loan; and 
‘‘(ii) which accrues during a period in 
which payments of principal are deferred 
pursuant to paragraph (1)(B) shall, if 
agreed upon by the borrower and the lend-
er— 
‘‘(I)(aa) be paid monthly or quar-
terly; or
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‘‘(bb) be added to the principal 
amount of the loan not more fre-
quently than quarterly by the lender. 
‘‘(B) INSURABLE
LIMITS.—Capitalization 
of interest under this paragraph shall not be 
deemed to exceed the annual insurable limit on 
account of the borrower.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
428(b)(7)(C) (20 U.S.C. 1078(b)(7)(C)) is amended by 
striking ‘‘, 428B,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall be effective for loans issued on or after 
July 1, 2008. 
SEC. 426. CONSOLIDATION LOAN DISCLOSURE. 
Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is 
amended— 
(1) by redesignating subparagraphs (E) and 
(F) as subparagraphs (F) and (G), respectively; and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) that the lender will disclose, in a 
clear and conspicuous manner, to borrowers 
who seek to consolidate loans made under part 
E of this title—
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SEC. 428. REQUIREMENTS FOR DISBURSEMENT OF STU-
DENT LOANS. 
(a) SPECIAL RULE.—Section 428G(a) (20 U.S.C. 
1078–7(a)) is amended by adding at the end the following 
new paragraph: 
‘‘(4) AMENDMENT TO SPECIAL RULE.—Begin-
ning on October 1, 2011, the special rule under 
paragraph (3) shall be applied by substituting ‘15 
percent’ for ‘10 percent’.’’. 
(b) REQUIREMENTS FOR DISBURSEMENTS TO FIRST 
YEAR STUDENTS.—Section 428G(b) (20 U.S.C. 1078– 
7(b)) is amended by adding at the end the following new 
paragraph: 
‘‘(3) AMENDMENT TO COHORT DEFAULT RATE 
EXEMPTION.—Beginning on October 1, 2011, the 
exemption to the requirements of paragraph (1) in 
the second sentence of such paragraph shall be ap-
plied by substituting ‘15 percent’ for ‘10 percent’.’’. 
SEC. 429. LOAN FORGIVENESS FOR SERVICE IN AREAS OF 
NATIONAL NEED. 
Section 428K (20 U.S.C. 1078–11) is amended to 
read as follows: 
‘‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF 
NATIONAL NEED. 
‘‘(a) PROGRAM AUTHORIZED.—
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‘‘(1) LOAN
FORGIVENESS
AUTHORIZED.—The 
Secretary shall forgive, in accordance with this sec-
tion, the student loan obligation of a borrower in the 
amount specified in subsection (c) who— 
‘‘(A) is employed full-time in an area of 
national need described in subsection (b); and 
‘‘(B) is not in default on a loan for which 
the borrower seeks forgiveness. 
‘‘(2) METHOD
OF
LOAN
FORGIVENESS.—To 
provide loan forgiveness under paragraph (1), the 
Secretary is authorized to carry out a program— 
‘‘(A) through the holder of the loan, to as-
sume the obligation to repay a qualified loan 
amount for a loan made, insured, or guaranteed 
under this part (other than an excepted PLUS 
loan (as such term is defined in section 
493C(a))); and 
‘‘(B) to cancel a qualified loan amount for 
a loan made under part D of this title (other 
than such an excepted PLUS loan). 
‘‘(3) REGULATIONS.—The Secretary is author-
ized to issue such regulations as may be necessary 
to carry out the provisions of this section. 
‘‘(b) AREAS OF NATIONAL NEED.—For purposes of 
this section, an individual shall be treated as employed in
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an area of national need if the individual is employed full- 
time as any of the following: 
‘‘(1) EARLY CHILDHOOD EDUCATORS.—An in-
dividual who is employed as an early childhood edu-
cator in an eligible preschool program or eligible 
early childhood education program in a low-income 
community, and who is involved directly in the care, 
development, and education of infants, toddlers, or 
young children age 5 and under. 
‘‘(2) NURSES.—An individual who is em-
ployed— 
‘‘(A) as a nurse in a clinical setting; or 
‘‘(B) as a member of the nursing faculty at 
an accredited school of nursing (as those terms 
are defined in section 801 of the Public Health 
Service Act (42 U.S.C. 296)). 
‘‘(3) FOREIGN
LANGUAGE
SPECIALISTS.—An 
individual who has obtained a baccalaureate or ad-
vanced degree in a critical foreign language and is 
employed— 
‘‘(A) in an elementary or secondary school 
as a teacher of a critical foreign language; 
‘‘(B) in an agency of the United States 
Government in a position that regularly re-
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quires the use of such critical foreign language; 
or 
‘‘(C) in an institution of higher education 
as a faculty member or instructor teaching a 
critical foreign language. 
‘‘(4) LIBRARIANS.—An individual who is em-
ployed as a librarian in— 
‘‘(A) a public library that serves a geo-
graphic area within which the public schools 
have a combined average of 30 percent or more 
of their total student enrollments composed of 
children counted under section 1113(a)(5) of 
the Elementary and Secondary Education Act 
of 1965; or 
‘‘(B) a high-need school. 
‘‘(5) HIGHLY QUALIFIED TEACHERS: SERVING 
STUDENTS WHO ARE LIMITED ENGLISH PROFICIENT, 
LOW-INCOME
COMMUNITIES, 
AND
UNDERREP-
RESENTED POPULATIONS.—An individual who— 
‘‘(A) is highly qualified as such term is de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965; and 
‘‘(B)(i) is employed as a teacher educating 
students who are limited English proficient;
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‘‘(ii) is employed as a teacher in a high- 
need school; or 
‘‘(iii) is an individual from an underrep-
resented population in the teaching profession, 
as determined by the Secretary. 
‘‘(6) CHILD
WELFARE
WORKERS.—An indi-
vidual who— 
‘‘(A) has obtained a degree in social work 
or a related field with a focus on serving chil-
dren and families; and 
‘‘(B) is employed in public or private child 
welfare services. 
‘‘(7) SPEECH-LANGUAGE
PATHOLOGISTS
AND 
AUDIOLOGISTS.—An individual who is a speech-lan-
guage pathologist or audiologist, who is employed in 
an eligible preschool program or an elementary or 
secondary school, and who has, at a minimum, a 
graduate degree in speech-language pathology, audi-
ology, or communication sciences and disorders. 
‘‘(8) NATIONAL SERVICE.—An individual who is 
engaged as a participant in a project under the Na-
tional and Community Service Act of 1990 (as such 
terms are defined in section 101 of such Act (42 
U.S.C. 12511)).
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•HR 4137 EH2S 
‘‘(9) SCHOOL COUNSELORS.—An individual who 
is employed as a school counselor (as such term is 
defined in section 5421(e)(3) of Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7245(e)(3))) in a high-need school. 
‘‘(10) PUBLIC SECTOR EMPLOYEES.—An indi-
vidual who is employed in public safety (including as 
a first responder, firefighter, police officer, or other 
law enforcement or public safety officer), emergency 
management (including as an emergency medical 
technician), public health (including full-time profes-
sionals engaged in health care practitioner occupa-
tions and health care support occupations, as such 
terms are defined by the Bureau of Labor Statis-
tics), or public interest legal services (including pros-
ecution or public defense or legal advocacy in low- 
income communities at a nonprofit organization). 
‘‘(11) NUTRITION
PROFESSIONALS.—An indi-
vidual who— 
‘‘(A) is a licensed, certified, or registered 
dietician who has completed a degree in a rel-
evant field; and 
‘‘(B) has obtained employment in an agen-
cy of the special supplemental nutrition pro-
gram for women, infants, and children under
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section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786). 
‘‘(12) MEDICAL
SPECIALISTS.—An individual 
who— 
‘‘(A) has received his or her degree from 
an accredited medical school (as accredited by 
the Liaison Committee on Medical Education or 
as defined by this title IV); and 
‘‘(B)(i) has been accepted to, or currently 
participates in, a graduate medical education 
training program or fellowship (or both) to pro-
vide health care services (as recognized by the 
Accreditation Council for Graduate Medical 
Education); or 
‘‘(ii) has been accepted to, or currently 
participates in, a graduate medical education 
program or fellowship (or both) to provide 
health care services that— 
‘‘(I) requires more than 5 years of 
total graduate medical training; and 
‘‘(II) has fewer United States medical 
school graduate applicants than the total 
number of training and fellowship positions 
available in the programs specified in sub-
clause (I) of this clause.
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‘‘(13) MENTAL HEALTH PROFESSIONALS.—In-
dividuals who have at least a master’s degree in so-
cial work, psychology, or psychiatry and who are 
providing mental health services to children, adoles-
cents, or veterans. 
‘‘(14) DENTISTS.—An individual who— 
‘‘(A) has received his or her degree from 
an accredited dental school (as accredited by 
the Commission on Dental Accreditation) and 
has completed residency training in pediatric 
dentistry, general dentistry, or dental public 
health; or 
‘‘(B) is employed as a member of the fac-
ulty at a program or school accredited by the 
Commission on Dental Accreditation. 
‘‘(15) STEM EMPLOYEES.—An individual who 
is employed in engineering, technology, applied 
sciences, or mathematics. 
‘‘(16) PHYSICAL THERAPISTS.—Individuals who 
are physical therapists and who are providing phys-
ical therapy services to children, adolescents, or vet-
erans. 
‘‘(17) SUPERINTENDENTS, PRINCIPALS, AND 
OTHER
ADMINISTRATORS.—Individuals 
who 
are 
school superintendents, principals, or other adminis-
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•HR 4137 EH2S 
trators for 5 consecutive complete school years in a 
school district of a local educational agency in which 
30 percent or more of the schools are schools that 
qualify under section 465(a)(2)(A) for loan cancella-
tion for Perkins loan recipients who teach in such a 
school. 
‘‘(c) QUALIFIED LOAN AMOUNT.—At the end of each 
school, academic, or calendar year of full-time employment 
on or after the date of enactment of the College Oppor-
tunity and Affordability Act of 2008 in an area of national 
need described in subsection (b), not to exceed 5 years, 
the Secretary shall forgive not more than $2,000 of the 
student loan obligation of a borrower that is outstanding 
after the completion of each such school, academic, or cal-
endar year of employment, as appropriate, not to exceed 
$10,000 in the aggregate for any borrower. 
‘‘(d) PRIORITY.—The Secretary shall grant loan for-
giveness under this section on a first-come, first-served 
basis, and subject to the availability of appropriations. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to authorize the refunding of any repayment 
of a loan. 
‘‘(f) SEGAL AMERICORPS EDUCATION AWARD AND 
NATIONAL SERVICE AWARD RECIPIENTS.—A student bor-
rower who qualifies for the maximum education award
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•HR 4137 EH2S 
under subtitle D of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12601 et seq.) shall re-
ceive under this section the amount, if any, by which the 
maximum benefit available under this section exceeds the 
maximum education award available under such subtitle. 
‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No 
borrower may receive a reduction of loan obligations under 
both this section and section 428J or 460. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AUDIOLOGIST.—The term ‘audiologist’ 
means an individual who— 
‘‘(A) has received, at a minimum, a grad-
uate degree in audiology from an institution of 
higher education accredited by an agency or as-
sociation recognized by the Secretary pursuant 
to section 496(a) of this Act; and 
‘‘(B) provides audiology services under 
subsection (ll)(2) of section 1861 of the Social 
Security Act (42 U.S.C. 1395x(ll)(2)), or meets 
or exceeds the qualifications for a qualified au-
diologist under subsection (ll)(4) of such section 
(42 U.S.C. 1395x(ll)(4)). 
‘‘(2) 
EARLY
CHILDHOOD
EDUCATOR.—The 
term ‘early childhood educator’ means an early 
childhood educator who works directly with children
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•HR 4137 EH2S 
in an eligible preschool program or eligible early 
childhood education program who has completed a 
baccalaureate or advanced degree in early childhood 
development, early childhood education, or in a field 
related to early childhood education. 
‘‘(3) ELIGIBLE
PRESCHOOL
PROGRAM.—The 
term ‘eligible preschool program’ means a program 
that provides for the care, development, and edu-
cation of infants, toddlers, or young children age 5 
and under, meets any applicable State or local gov-
ernment licensing, certification, approval, and reg-
istration requirements, and is operated by— 
‘‘(A) a public or private school that is sup-
ported, sponsored, supervised, or administered 
by a local educational agency; 
‘‘(B) a Head Start agency serving as a 
grantee designated under the Head Start Act 
(42 U.S.C. 9831 et seq.); 
‘‘(C) a nonprofit or community based orga-
nization; or 
‘‘(D) a child care program, including a 
home. 
‘‘(4) ELIGIBLE EARLY CHILDHOOD EDUCATION 
PROGRAM.—The term ‘eligible early childhood edu-
cation program’ means—
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•HR 4137 EH2S 
in which the nurse practices in a clinical set-
ting. 
‘‘(C) The nurse holds one or more of the 
following: 
‘‘(i) A graduate degree in nursing, or 
an equivalent degree. 
‘‘(ii) A nursing degree from a colle-
giate school of nursing (as defined in sec-
tion 801 of the Public Health Service Act 
(42 U.S.C. 296)). 
‘‘(iii) A nursing degree from an asso-
ciate degree school of nursing (as defined 
in section 801 of the Public Health Service 
Act (42 U.S.C. 296)). 
‘‘(iv) A nursing degree from a diploma 
school of nursing (as defined in section 
801 of the Public Health Service Act (42 
U.S.C. 296)). 
‘‘(8) SPEECH-LANGUAGE
PATHOLOGIST.—The 
term ‘speech-language pathologist’ means a speech- 
language pathologist who— 
‘‘(A) has received, at a minimum, a grad-
uate degree in speech-language pathology or 
communication sciences and disorders from an 
institution of higher education accredited by an
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•HR 4137 EH2S 
agency or association recognized by the Sec-
retary pursuant to section 496(a) of this Act; 
and 
‘‘(B) provides speech-language pathology 
services under section 1861(ll)(1) of the Social 
Security Act (42 U.S.C. 1395x(ll)(1)), or meets 
or exceeds the qualifications for a qualified 
speech-language pathologist under subsection 
(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)). 
‘‘(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 4 succeeding fiscal years to provide loan for-
giveness in accordance with this section.’’. 
SEC. 430. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE 
ATTORNEYS. 
Part B of title IV (20 U.S.C. 1071 et seq.) is amend-
ed by inserting after section 428K the following new sec-
tion: 
‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSIST-
ANCE ATTORNEYS. 
‘‘(a) PURPOSE.—The purpose of this section is to en-
courage qualified individuals to enter and continue em-
ployment as civil legal assistance attorneys. 
‘‘(b) DEFINITIONS.—In this section:
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•HR 4137 EH2S 
‘‘(1) CIVIL
LEGAL
ASSISTANCE
ATTORNEY.— 
The term ‘civil legal assistance attorney’ means an 
attorney who— 
‘‘(A) is a full-time employee of a nonprofit 
organization that provides legal assistance with 
respect to civil matters to low-income individ-
uals without a fee; 
‘‘(B) as such employee, provides civil legal 
assistance as described in subparagraph (A) on 
a full-time basis; and 
‘‘(C) is continually licensed to practice law. 
‘‘(2) STUDENT LOAN.—The term ‘student loan’ 
means— 
‘‘(A) subject to subparagraph (B), a loan 
made, insured, or guaranteed under part B, D, 
or E of this title; and 
‘‘(B) a loan made under section 428C or 
455(g), to the extent that such loan was used 
to repay— 
‘‘(i) a Federal Direct Stafford Loan, a 
Federal 
Direct 
Unsubsidized 
Stafford 
Loan, or a Federal Direct PLUS Loan; 
‘‘(ii) a loan made under section 428, 
428B, or 428H; or 
‘‘(iii) a loan made under part E.
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•HR 4137 EH2S 
‘‘(c) PROGRAM AUTHORIZED.—The Secretary shall 
carry out a program of assuming the obligation to repay 
a student loan, by direct payments on behalf of a borrower 
to the holder or the Secretary in the case of a loan under 
part D or E of such loan, in accordance with subsection 
(d), for any borrower who— 
‘‘(1) is employed as a civil legal assistance at-
torney; and 
‘‘(2) is not in default on a loan for which the 
borrower seeks repayment. 
‘‘(d) TERMS OF AGREEMENT.— 
‘‘(1) IN GENERAL.—To be eligible to receive re-
payment benefits under subsection (c), a borrower 
shall enter into a written agreement with the Sec-
retary that specifies that— 
‘‘(A) the borrower will remain employed as 
a civil legal assistance attorney for a required 
period of service of not less than 3 years, unless 
involuntarily separated from that employment; 
‘‘(B) if the borrower is involuntarily sepa-
rated from employment on account of mis-
conduct, or voluntarily separates from employ-
ment, before the end of the period specified in 
the agreement, the borrower will repay the Sec-
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•HR 4137 EH2S 
retary the amount of any benefits received by 
such employee under this agreement; 
‘‘(C) if the borrower is required to repay 
an amount to the Secretary under subpara-
graph (B) and fails to repay such amount, a 
sum equal to that amount shall be recoverable 
by the Federal Government from the employee 
by such methods as are provided by law for the 
recovery of amounts owed to the Federal Gov-
ernment; 
‘‘(D) the Secretary may waive, in whole or 
in part, a right of recovery under this sub-
section if it is shown that recovery would be 
against equity and good conscience or against 
the public interest; and 
‘‘(E) the Secretary shall make student loan 
payments under this section for the period of 
the agreement, subject to the availability of ap-
propriations. 
‘‘(2) REPAYMENTS.— 
‘‘(A) IN
GENERAL.—Any amount repaid 
by, or recovered from, an individual under this 
subsection shall be credited to the appropriation 
account from which the amount involved was 
originally paid.
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•HR 4137 EH2S 
‘‘(B) 
MERGER.—Any 
amount 
credited 
under subparagraph (A) shall be merged with 
other sums in such account and shall be avail-
able for the same purposes and period, and sub-
ject to the same limitations, if any, as the sums 
with which the amount was merged. 
‘‘(3) LIMITATIONS.— 
‘‘(A) 
STUDENT
LOAN
PAYMENT 
AMOUNT.—Student loan repayments made by 
the Secretary under this section shall be made 
subject to such terms, limitations, or conditions 
as may be mutually agreed upon by the bor-
rower and the Secretary in an agreement under 
paragraph (1), except that the amount paid by 
the Secretary under this section shall not ex-
ceed— 
‘‘(i) $6,000 for any borrower in any 
calendar year; or 
‘‘(ii) an aggregate total of $40,000 in 
the case of any borrower. 
‘‘(B) BEGINNING OF PAYMENTS.—Nothing 
in this section shall authorize the Secretary to 
pay any amount to reimburse a borrower for 
any repayments made by such borrower prior to 
the date on which the Secretary entered into an
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•HR 4137 EH2S 
agreement with the borrower under this sub-
section. 
‘‘(e) ADDITIONAL AGREEMENTS.— 
‘‘(1) IN GENERAL.—On completion of the re-
quired period of service under an agreement under 
subsection (d), the borrower and the Secretary may, 
subject to paragraph (2), enter into an additional 
agreement in accordance with subsection (d). 
‘‘(2) TERM.—An agreement entered into under 
paragraph (1) may specify that, notwithstanding 
subsection (d)(1)(A), the required period of service 
during which the borrower will remain employed as 
a civil legal assistance attorney may be less than 3 
years. 
‘‘(f) AWARD BASIS; PRIORITY.— 
‘‘(1) AWARD BASIS.—Subject to paragraph (2), 
the Secretary shall provide repayment benefits under 
this section on a first-come, first-served basis, and 
subject to the availability of appropriations. 
‘‘(2) PRIORITY.—The Secretary shall give pri-
ority in providing repayment benefits under this sec-
tion in any fiscal year to a borrower who— 
‘‘(A) has practiced law for 5 years or less 
and, for at least 90 percent of the time in such
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•HR 4137 EH2S 
practice, has served as a civil legal assistance 
attorney; 
‘‘(B) received repayment benefits under 
this section during the preceding fiscal year; 
and 
‘‘(C) has completed less than 3 years of 
the first required period of service specified for 
the borrower in an agreement entered into 
under subsection (d). 
‘‘(g) REGULATIONS.—The Secretary is authorized to 
issue such regulations as may be necessary to carry out 
the provisions of this section. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$10,000,000 for fiscal year 2009 and such sums as may 
be necessary for each of the 4 succeeding fiscal years.’’. 
SEC. 431. LOAN FORGIVENESS FOR VOLUNTEER MEN-
TORING. 
Part B of title IV is further amended by inserting 
after section 428L (as added by the preceding section) the 
following new section: 
‘‘SEC. 428M. LOAN FORGIVENESS FOR VOLUNTEER MEN-
TORING. 
‘‘(a) PROGRAM AUTHORIZED.—
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‘‘(1) LOAN
FORGIVENESS
AUTHORIZED.—The 
Secretary shall forgive, in accordance with this sec-
tion, the student loan obligation of a borrower in the 
amount specified in subsection (c) who— 
‘‘(A) commits to volunteering as a mentor 
for a period of at least one school year as de-
scribed in subsection (b); 
‘‘(B) attends a recognized community col-
lege; and 
‘‘(C) is not in default on a loan for which 
the borrower seeks forgiveness. 
‘‘(2) METHOD
OF
LOAN
FORGIVENESS.—To 
provide loan forgiveness under paragraph (1), the 
Secretary is authorized to carry out a program— 
‘‘(A) through the holder of the loan, to as-
sume the obligation to repay a qualified loan 
amount for a loan made, insured, or guaranteed 
under this part (other than an excepted PLUS 
loan (as such term is defined in section 
493C(a))); and 
‘‘(B) to cancel a qualified loan amount for 
a loan made under part D of this title (other 
than such an excepted PLUS loan).
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‘‘(3) REGULATIONS.—The Secretary is author-
ized to issue such regulations as may be necessary 
to carry out the provisions of this section. 
‘‘(b) VOLUNTEER MENTORING.—For purposes of this 
section, an individual shall be treated as participating in 
a volunteer mentoring program if they commit to men-
toring an at-risk child for a period of not less than one 
school year. 
‘‘(c) QUALIFIED LOAN AMOUNT.—At the end of each 
school, academic, or calendar year of volunteering as a 
mentor on or after the date of enactment of the College 
Opportunity and Affordability Act of 2007 as described 
in subsection (b), not to exceed 5 years, the Secretary shall 
forgive $10 of the student loan obligation of a borrower 
that is outstanding after the completion of each such 
school, academic, or calendar year of employment, for 
every hour of mentoring committed, not to exceed $10,000 
in the aggregate for any borrower. 
‘‘(d) PRIORITY.— The Secretary shall grant loan for-
giveness under this section on a first-come, first-served 
basis, and subject to the availability of appropriations.’’. 
SEC. 432. SETTLEMENT OF CLAIMS. 
Section 432(b) (20 U.S.C. 1082(b)) is amended by 
adding at the end the following: ‘‘The Secretary may not 
enter into any settlement of any claim under this Act that
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exceeds $1,000,000 unless the Secretary has asked the At-
torney General to review the settlement agreement and 
issue an opinion to the Secretary and the authorizing com-
mittees related to such proposed settlement.’’. 
SEC. 433. DELINQUENCY PREVENTION, DEFAULT AVER-
SION, AND CONSUMER EDUCATION INFORMA-
TION PROGRAMS. 
Part B of title IV is further amended by inserting 
after section 433 (20 U.S.C. 1083) the following new sec-
tion: 
‘‘SEC. 433A. DELINQUENCY PREVENTION, DEFAULT AVER-
SION, AND CONSUMER EDUCATION INFORMA-
TION PROGRAMS. 
‘‘(a) GUARANTY AGENCY DUTY.—Each guaranty 
agency, with respect to loans insured by the agency, shall 
develop specific programs designed to prevent delin-
quencies and avert defaults. 
‘‘(b) TRAINING FOR STUDENTS AND FAMILIES.— 
Each guaranty agency, after consulting with institutions 
of higher education (including institutions of higher edu-
cation participating in the William Ford Direct Loan Pro-
gram), shall develop and make available high quality edu-
cational programs and materials to provide training for 
students and families in budgeting and financial manage-
ment, including debt management and other aspects of fi-
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nancial literacy, such as the cost of using high interest 
loans to pay for postsecondary education. Such programs 
and materials shall address budgeting and financial man-
agement relating to student loans, and shall be made 
available to students and families, in a form and language 
that is understandable, before, during, and after the stu-
dents’ enrollment. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit— 
‘‘(1) a guaranty agency from using activities, 
programs, and materials existing on the date of en-
actment of this section in meeting the requirements 
of this section; or 
‘‘(2) a lender or loan servicer from providing 
outreach or financial aid literacy information in ac-
cordance with subsection (b).’’. 
SEC. 434. DEFINITION OF ELIGIBLE INSTITUTION: PARTICI-
PATION RATE INDEX. 
(a) AMENDMENTS.—Section 435(a) (20 U.S.C. 
1085(a)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(ii), by striking 
‘‘paragraph (4)’’ and inserting ‘‘paragraph 
(5)’’; and 
(B) in subparagraph (B)—
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cumstances, the Secretary shall not subject the insti-
tution to provisional certification based solely on the 
institution’s cohort default rate.’’; 
(4) in paragraph (5)(A) (as redesignated by 
paragraph (2) of this subsection), by striking ‘‘For 
the purposes of paragraph (2)(A)(ii)’’ and all that 
follows through ‘‘following criteria:’’, and inserting 
‘‘For purposes of this subsection, an institution of 
higher education shall be treated as having excep-
tional mitigating circumstances that make applica-
tion of paragraph (2) inequitable, and that provide 
for regulatory relief under paragraph (3), if such in-
stitution, in the opinion of an independent auditor, 
meets the following criteria:’’; 
(5) by inserting after paragraph (6) (as redesig-
nated by paragraph (2) of this subsection) the fol-
lowing new paragraph: 
‘‘(7) DEFAULT PREVENTION AND ASSESSMENT 
OF ELIGIBILITY BASED ON HIGH DEFAULT RATES.— 
‘‘(A) FIRST
YEAR.—(i) An institution 
whose cohort default rate is equal to or greater 
than the threshold percentage specified in para-
graph (2)(B)(iv) in any fiscal year shall estab-
lish a default prevention task force to prepare 
a plan to—
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‘‘(I) identify the factors causing 
the institution’s cohort default rate to 
exceed such threshold; 
‘‘(II) establish measurable objec-
tives to improve the institution’s co-
hort default rate; and 
‘‘(III) specify actions that the in-
stitution can take to improve student 
loan repayment, including enhanced 
use of professional judgment and dis-
cretion of student financial aid admin-
istrators. 
‘‘(ii) Each institution subject to this sub-
paragraph shall submit the plan under clause 
(i) to the Secretary, who shall review the plan 
and offer technical assistance to the institution 
to promote improved student loan repayment. 
‘‘(B) SECOND CONSECUTIVE YEAR.—(i) An 
institution whose cohort default rate is equal to 
or greater than the threshold percentage speci-
fied in paragraph (2)(B)(iv) for two consecutive 
fiscal years shall require the institution’s de-
fault prevention task force established under 
subparagraph (A) to review and revise the plan
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required under such subparagraph, and shall 
submit such revised plan to the Secretary. 
‘‘(ii) The Secretary shall review each re-
vised plan submitted in accordance with this 
subparagraph, and may direct that such a plan 
be amended to include actions, with measurable 
objectives, that the Secretary determines, based 
on available data and analyses of student loan 
defaults, will promote student loan repayment. 
‘‘(C) COHORT
DEFAULT
RATES
PUB-
LISHED.—The Secretary shall make available to 
the public on the College Navigator web site the 
cohort default rate and the plan of the default 
prevention task force of each institution that is 
subject to this paragraph.’’; and 
(6) in paragraph (8)(A) (as redesignated by 
paragraph (2) of this subsection), by striking 
‘‘0.0375’’ and inserting ‘‘0.0625’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(6) is effective for fiscal years beginning on 
or after October 1, 2011. 
SEC. 434. DEFINITION OF ELIGIBLE LENDER. 
Section 
435(d)(1)(A)(ii) 
(20 
U.S.C. 
1085(d)(1)(A)(ii)) is amended—
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(1) by striking ‘‘part, or (III)’’ and inserting 
‘‘part, (III)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘, or (IV) it is a National or State 
chartered 
bank 
with 
assets 
of 
less 
than 
$1,000,000,000’’. 
SEC. 435. COHORT DEFAULT RATES. 
(a) AMENDMENTS.—Section 435(m) (20 U.S.C. 
1085(m)) is amended— 
(1) in the first sentence of paragraph (1)(A), by 
striking ‘‘end of the following fiscal year’’ and in-
serting ‘‘end of the second fiscal year following the 
fiscal year in which the students entered repay-
ment’’; 
(2) in paragraph (1)(B), by striking ‘‘such fis-
cal year’’ and inserting ‘‘such second fiscal year’’; 
(3) in paragraph (1)(C), by striking ‘‘end of the 
fiscal year immediately following the year in which 
they entered repayment’’ and inserting ‘‘end of the 
second fiscal year following the year in which they 
entered repayment’’; 
(4) in paragraph (2)(C)— 
(A) by striking ‘‘end of such following fis-
cal year is not considered as in default for the 
purposes of this subsection’’ and inserting ‘‘end