H. R. 4137—73 
‘‘(C) A description of how the assessments and require-
ments described in subparagraph (A) are aligned with the 
State’s challenging academic content standards required 
under section 1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 and, as applicable, State early 
learning standards for early childhood education programs. 
‘‘(D) For each of the assessments used by the State 
for teacher certification or licensure— 
‘‘(i) for each institution of higher education located 
in the State and each entity located in the State, 
including those that offer an alternative route for 
teacher certification or licensure, the percentage of stu-
dents at such institution or entity who have completed 
100 percent of the nonclinical coursework and taken 
the assessment who pass such assessment; 
‘‘(ii) the percentage of all such students at all 
such institutions and entities who have taken the 
assessment who pass such assessment; 
‘‘(iii) the percentage of students who have taken 
the assessment who enrolled in and completed a 
teacher preparation program; and 
‘‘(iv) the average scaled score of individuals partici-
pating in such a program, or who have completed 
such a program during the two-year period preceding 
the first year for which the annual State report card 
is provided, who took each such assessment. 
‘‘(E) A description of alternative routes to teacher cer-
tification or licensure in the State (including any such 
routes operated by entities that are not institutions of 
higher education), if any, including, for each of the assess-
ments used by the State for teacher certification or licen-
sure— 
‘‘(i) the percentage of individuals participating in 
such routes, or who have completed such routes during 
the two-year period preceding the date for which the 
determination is made, who passed each such assess-
ment; and 
‘‘(ii) the average scaled score of individuals partici-
pating in such routes, or who have completed such 
routes during the two-year period preceding the first 
year for which the annual State report card is provided, 
who took each such assessment. 
‘‘(F) A description of the State’s criteria for assessing 
the performance of teacher preparation programs within 
institutions of higher education in the State. Such criteria 
shall include indicators of the academic content knowledge 
and teaching skills of students enrolled in such programs. 
‘‘(G) For each teacher preparation program in the 
State— 
‘‘(i) the criteria for admission into the program; 
‘‘(ii) the number of students in the program, 
disaggregated by race, ethnicity, and gender (except 
that such disaggregation shall not be required in a 
case in which the number of students in a category 
is insufficient to yield statistically reliable information 
or the results would reveal personally identifiable 
information about an individual student);
H. R. 4137—74 
‘‘(iii) the average number of hours of supervised 
clinical experience required for those in the program; 
and 
‘‘(iv) the number of full-time equivalent faculty, 
adjunct faculty, and students in supervised clinical 
experience. 
‘‘(H) For the State as a whole, and for each teacher 
preparation program in the State, the number of teachers 
prepared, in the aggregate and reported separately by— 
‘‘(i) area of certification or licensure; 
‘‘(ii) academic major; and 
‘‘(iii) subject area for which the teacher has been 
prepared to teach. 
‘‘(I) A description of the extent to which teacher 
preparation programs are addressing shortages of highly 
qualified teachers, by area of certification or licensure, 
subject, and specialty, in the State’s public schools. 
‘‘(J) The extent to which teacher preparation programs 
prepare teachers, including general education and special 
education teachers, to teach students with disabilities effec-
tively, including training related to participation as a 
member of individualized education program teams, as 
defined in section 614(d)(1)(B) of the Individuals with 
Disabilities Education Act. 
‘‘(K) A description of the activities that prepare 
teachers to— 
‘‘(i) integrate technology effectively into curricula 
and instruction, including activities consistent with the 
principles of universal design for learning; and 
‘‘(ii) use technology effectively to collect, manage, 
and analyze data to improve teaching and learning 
for the purpose of increasing student academic achieve-
ment. 
‘‘(L) The extent to which teacher preparation programs 
prepare teachers, including general education and special 
education teachers, to effectively teach students who are 
limited English proficient. 
‘‘(2) PROHIBITION
AGAINST
CREATING
A
NATIONAL
LIST.— 
The Secretary shall not create a national list or ranking of 
States, institutions, or schools using the scaled scores provided 
under this subsection. 
‘‘(c) DATA QUALITY.—The Secretary shall prescribe regulations 
to ensure the reliability, validity, integrity, and accuracy of the 
data submitted pursuant to this section. 
‘‘(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER 
PREPARATION.— 
‘‘(1) REPORT CARD.—The Secretary shall annually provide 
to the authorizing committees, and publish and make widely 
available, a report card on teacher qualifications and prepara-
tion in the United States, including all the information reported 
in subparagraphs (A) through (L) of subsection (b)(1). Such 
report shall identify States for which eligible partnerships 
received a grant under this part. 
‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare 
and submit a report to the authorizing committees that contains 
the following:
H. R. 4137—75 
‘‘(A) A comparison of States’ efforts to improve the 
quality of the current and future teaching force. 
‘‘(B) A comparison of eligible partnerships’ efforts to 
improve the quality of the current and future teaching 
force. 
‘‘(C) The national mean and median scaled scores and 
pass rate on any standardized test that is used in more 
than one State for teacher certification or licensure. 
‘‘(3) SPECIAL RULE.—In the case of a teacher preparation 
program with fewer than ten scores reported on any single 
initial teacher certification or licensure assessment during an 
academic year, the Secretary shall collect and publish, and 
make publicly available, information with respect to an average 
pass rate and scaled score on each State certification or licen-
sure assessment taken over a three-year period. 
‘‘(e) COORDINATION.—The Secretary, to the extent practicable, 
shall coordinate the information collected and published under this 
part among States for individuals who took State teacher certifi-
cation or licensure assessments in a State other than the State 
in which the individual received the individual’s most recent degree. 
‘‘SEC. 206. TEACHER DEVELOPMENT. 
‘‘(a) ANNUAL GOALS.—Each institution of higher education that 
conducts a traditional teacher preparation program (including pro-
grams that offer any ongoing professional development programs) 
or alternative routes to State certification or licensure program, 
and that enrolls students receiving Federal assistance under this 
Act, shall set annual quantifiable goals for increasing the number 
of prospective teachers trained in teacher shortage areas designated 
by the Secretary or by the State educational agency, including 
mathematics, science, special education, and instruction of limited 
English proficient students. 
‘‘(b) ASSURANCES.—Each institution described in subsection (a) 
shall provide assurances to the Secretary that— 
‘‘(1) training provided to prospective teachers responds to 
the identified needs of the local educational agencies or States 
where the institution’s graduates are likely to teach, based 
on past hiring and recruitment trends; 
‘‘(2) training provided to prospective teachers is closely 
linked with the needs of schools and the instructional decisions 
new teachers face in the classroom; 
‘‘(3) prospective special education teachers receive course 
work in core academic subjects and receive training in providing 
instruction in core academic subjects; 
‘‘(4) general education teachers receive training in providing 
instruction to diverse populations, including children with 
disabilities, limited English proficient students, and children 
from low-income families; and 
‘‘(5) prospective teachers receive training on how to effec-
tively teach in urban and rural schools, as applicable. 
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall 
be construed to require an institution to create a new teacher 
preparation area of concentration or degree program or adopt a 
specific curriculum in complying with this section. 
‘‘SEC. 207. STATE FUNCTIONS. 
‘‘(a) STATE ASSESSMENT.—In order to receive funds under this 
Act, a State shall conduct an assessment to identify low-performing
H. R. 4137—76 
teacher preparation programs in the State and to assist such pro-
grams through the provision of technical assistance. Each such 
State shall provide the Secretary with an annual list of low-per-
forming teacher preparation programs and an identification of those 
programs at risk of being placed on such list, as applicable. Such 
assessment shall be described in the report under section 205(b). 
Levels of performance shall be determined solely by the State 
and may include criteria based on information collected pursuant 
to this part, including progress in meeting the goals of— 
‘‘(1) increasing the percentage of highly qualified teachers 
in the State, including increasing professional development 
opportunities; 
‘‘(2) 
improving 
student 
academic 
achievement 
for 
elementary and secondary students; and 
‘‘(3) raising the standards for entry into the teaching profes-
sion. 
‘‘(b) TERMINATION
OF ELIGIBILITY.—Any teacher preparation 
program from which the State has withdrawn the State’s approval, 
or terminated the State’s financial support, due to the low perform-
ance of the program based upon the State assessment described 
in subsection (a)— 
‘‘(1) shall be ineligible for any funding for professional 
development activities awarded by the Department; 
‘‘(2) may not be permitted to accept or enroll any student 
who receives aid under title IV in the institution’s teacher 
preparation program; 
‘‘(3) shall provide transitional support, including remedial 
services if necessary, for students enrolled at the institution 
at the time of termination of financial support or withdrawal 
of approval; and 
‘‘(4) shall be reinstated upon demonstration of improved 
performance, as determined by the State. 
‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary develops any 
regulations implementing subsection (b)(2), the Secretary shall 
submit such proposed regulations to a negotiated rulemaking 
process, which shall include representatives of States, institutions 
of higher education, and educational and student organizations. 
‘‘(d) APPLICATION OF THE REQUIREMENTS.—The requirements 
of this section shall apply to both traditional teacher preparation 
programs and alternative routes to State certification and licensure 
programs. 
‘‘SEC. 208. GENERAL PROVISIONS. 
‘‘(a) METHODS.—In complying with sections 205 and 206, the 
Secretary shall ensure that States and institutions of higher edu-
cation use fair and equitable methods in reporting and that the 
reporting methods do not reveal personally identifiable information. 
‘‘(b) SPECIAL RULE.—For each State that does not use content 
assessments as a means of ensuring that all teachers teaching 
in core academic subjects within the State are highly qualified, 
as required under section 1119 of the Elementary and Secondary 
Education Act of 1965, in accordance with the State plan submitted 
or revised under section 1111 of such Act, and that each person 
employed as a special education teacher in the State who teaches 
elementary school or secondary school is highly qualified by the 
deadline, as required under section 612(a)(14)(C) of the Individuals 
with Disabilities Education Act, the Secretary shall—
H. R. 4137—77 
‘‘(1) to the extent practicable, collect data comparable to 
the data required under this part from States, local educational 
agencies, institutions of higher education, or other entities that 
administer such assessments to teachers or prospective 
teachers; and 
‘‘(2) notwithstanding any other provision of this part, use 
such data to carry out requirements of this part related to 
assessments, pass rates, and scaled scores. 
‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—For the purpose of improving teacher 
preparation programs, a State that receives funds under this 
Act, or that participates as a member of a partnership, consor-
tium, or other entity that receives such funds, shall provide 
to a teacher preparation program, upon the request of the 
teacher preparation program, any and all pertinent education- 
related information that— 
‘‘(A) may enable the teacher preparation program to 
evaluate the effectiveness of the program’s graduates or 
the program itself; and 
‘‘(B) is possessed, controlled, or accessible by the State. 
‘‘(2) CONTENT OF INFORMATION.—The information described 
in paragraph (1)— 
‘‘(A) shall include an identification of specific individ-
uals who graduated from the teacher preparation program 
to enable the teacher preparation program to evaluate the 
information provided to the program from the State with 
the program’s own data about the specific courses taken 
by, and field experiences of, the individual graduates; and 
‘‘(B) may include— 
‘‘(i) kindergarten through grade 12 academic 
achievement and demographic data, without revealing 
personally identifiable information about an individual 
student, for students who have been taught by grad-
uates of the teacher preparation program; and 
‘‘(ii) teacher effectiveness evaluations for teachers 
who graduated from the teacher preparation program. 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2009 and such sums as may 
be necessary for each of the two succeeding fiscal years.’’; and 
(3) by striking part B and inserting the following: 
‘‘PART B—ENHANCING TEACHER EDUCATION 
‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘Subpart 1—Preparing Teachers for Digital Age 
Learners 
‘‘SEC. 231. PROGRAM AUTHORIZED. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is authorized to 
award grants to, or enter into contracts or cooperative agreements
H. R. 4137—78 
with, eligible consortia to pay the Federal share of the costs of 
projects to— 
‘‘(1) serve graduate teacher candidates who are prepared 
to use modern information, communication, and learning tools 
to— 
‘‘(A) improve student learning, assessment, and 
learning management; and 
‘‘(B) help students develop learning skills to succeed 
in higher education and to enter the workforce; 
‘‘(2) strengthen and develop partnerships among the stake-
holders in teacher preparation to transform teacher education 
and ensure technology-rich teaching and learning environments 
throughout 
a 
teacher 
candidate’s 
preservice 
education, 
including clinical experiences; and 
‘‘(3) assess the effectiveness of departments, schools, and 
colleges of education at institutions of higher education in pre-
paring teacher candidates for successful implementation of tech-
nology-rich teaching and learning environments, including 
environments consistent with the principles of universal design 
for learning, that enable kindergarten through grade 12 stu-
dents to develop learning skills to succeed in higher education 
and to enter the workforce. 
‘‘(b) AMOUNT AND DURATION.—A grant, contract, or cooperative 
agreement under this subpart— 
‘‘(1) shall be for not more than $2,000,000; 
‘‘(2) shall be for a three-year period; and 
‘‘(3) may be renewed for one additional year. 
‘‘(c) NON-FEDERAL SHARE REQUIREMENT.—The Federal share 
of the cost of any project funded under this subpart shall not 
exceed 75 percent. The non-Federal share of the cost of such project 
may be provided in cash or in kind, fairly evaluated, including 
services. 
‘‘(d) DEFINITION OF ELIGIBLE CONSORTIUM.—In this subpart, 
the term ‘eligible consortium’ means a consortium of members that 
includes the following: 
‘‘(1) Not less than one institution of higher education that 
awards baccalaureate or masters degrees and prepares teachers 
for initial entry into teaching. 
‘‘(2) Not less than one State educational agency or local 
educational agency. 
‘‘(3) A department, school, or college of education at an 
institution of higher education. 
‘‘(4) A department, school, or college of arts and sciences 
at an institution of higher education. 
‘‘(5) Not less than one entity with the capacity to contribute 
to the technology-related reform of teacher preparation pro-
grams, which may be a professional association, foundation, 
museum, library, for-profit business, public or private nonprofit 
organization, community-based organization, or other entity. 
‘‘SEC. 232. USES OF FUNDS. 
‘‘(a) IN GENERAL.—An eligible consortium that receives a grant 
or enters into a contract or cooperative agreement under this sub-
part shall use funds made available under this subpart to carry 
out a project that— 
‘‘(1) develops long-term partnerships among members of 
the consortium that are focused on effective teaching with
H. R. 4137—79 
modern digital tools and content that substantially connect 
preservice preparation of teacher candidates with high-need 
schools; or 
‘‘(2) transforms the way departments, schools, and colleges 
of education teach classroom technology integration, including 
the principles of universal design, to teacher candidates. 
‘‘(b) USES OF FUNDS FOR PARTNERSHIP GRANTS.—In carrying 
out a project under subsection (a)(1), an eligible consortium shall— 
‘‘(1) provide teacher candidates, early in their preparation, 
with field experiences with technology in educational settings; 
‘‘(2) build the skills of teacher candidates to support tech-
nology-rich instruction, assessment and learning management 
in content areas, technology literacy, an understanding of the 
principles of universal design, and the development of other 
skills for entering the workforce; 
‘‘(3) provide professional development in the use of tech-
nology for teachers, administrators, and content specialists who 
participate in field placement; 
‘‘(4) provide professional development of technology peda-
gogical skills for faculty of departments, schools, and colleges 
of education and arts and sciences; 
‘‘(5) implement strategies for the mentoring of teacher can-
didates by members of the consortium with respect to tech-
nology implementation; 
‘‘(6) evaluate teacher candidates during the first years of 
teaching to fully assess outcomes of the project; 
‘‘(7) build collaborative learning communities for technology 
integration within the consortium to sustain meaningful 
applications of technology in the classroom during teacher 
preparation and early career practice; and 
‘‘(8) evaluate the effectiveness of the project. 
‘‘(c) USES OF FUNDS FOR TRANSFORMATION GRANTS.—In car-
rying out a project under subsection (a)(2), an eligible consortium 
shall— 
‘‘(1) redesign curriculum to require collaboration between 
the department, school, or college of education faculty and 
the department, school, or college of arts and sciences faculty 
who teach content or methods courses for training teacher 
candidates; 
‘‘(2) collaborate between the department, school, or college 
of education faculty and the department, school, or college 
of arts and science faculty and academic content specialists 
at the local educational agency to educate preservice teachers 
who can integrate technology and pedagogical skills in content 
areas; 
‘‘(3) collaborate between the department, school, or college 
of education faculty and the department, school, or college 
of arts and sciences faculty who teach courses to preservice 
teachers to— 
‘‘(A) develop and implement a plan for preservice 
teachers and continuing educators that demonstrates effec-
tive instructional strategies and application of such strate-
gies in the use of digital tools to transform the teaching 
and learning process; and 
‘‘(B) better reach underrepresented preservice teacher 
populations with programs that connect such preservice 
teacher populations with applications of technology;
H. R. 4137—80 
‘‘(4) collaborate among faculty and students to create and 
disseminate case studies of technology applications in classroom 
settings with a goal of improving student academic achievement 
in high-need schools; 
‘‘(5) provide additional technology resources for preservice 
teachers to plan and implement technology applications in 
classroom settings that provide evidence of student learning; 
and 
‘‘(6) bring together expertise from departments, schools, 
or colleges of education, arts and science faculty, and academic 
content specialists at the local educational agency to share 
and disseminate technology applications in the classroom 
through teacher preparation and into early career practice. 
‘‘SEC. 233. APPLICATION REQUIREMENTS. 
‘‘To be eligible to receive a grant or enter into a contract 
or cooperative agreement under this subpart, an eligible consortium 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require. Such application shall include the following: 
‘‘(1) A description of the project to be carried out with 
the grant, including how the project will— 
‘‘(A) develop a long-term partnership focused on effec-
tive teaching with modern digital tools and content that 
substantially connects preservice preparation of teacher 
candidates with high-need schools; or 
‘‘(B) transform the way departments, schools, and col-
leges of education teach classroom technology integration, 
including the principles of universal design, to teacher 
candidates. 
‘‘(2) A demonstration of— 
‘‘(A) the commitment, including the financial commit-
ment, of each of the members of the consortium for the 
proposed project; and 
‘‘(B) the support of the leadership of each organization 
that is a member of the consortium for the proposed project. 
‘‘(3) A description of how each member of the consortium 
will participate in the project. 
‘‘(4) A description of how the State educational agency 
or local educational agency will incorporate the project into 
the agency’s technology plan, if such a plan already exists. 
‘‘(5) A description of how the project will be continued 
after Federal funds are no longer available under this subpart 
for the project. 
‘‘(6) A description of how the project will incorporate— 
‘‘(A) State teacher technology standards; and 
‘‘(B) State student technology standards. 
‘‘(7) A plan for the evaluation of the project, which shall 
include benchmarks to monitor progress toward specific project 
objectives. 
‘‘SEC. 234. EVALUATION. 
‘‘Not less than ten percent of the funds awarded to an eligible 
consortium to carry out a project under this subpart shall be used 
to evaluate the effectiveness of such project.
H. R. 4137—81 
‘‘Subpart 2—Honorable Augustus F. Hawkins 
Centers of Excellence 
‘‘SEC. 241. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means— 
‘‘(A) an institution of higher education that has a 
teacher preparation program that is a qualified teacher 
preparation program 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 institution (as 
defined in section 317(b)); 
‘‘(v) a Native Hawaiian-serving institution (as 
defined in section 317(b)); 
‘‘(vi) a Predominantly Black Institution (as defined 
in section 318); 
‘‘(vii) an Asian American and Native American 
Pacific Islander-serving institution (as defined in sec-
tion 320(b)); or 
‘‘(viii) 
a 
Native 
American-serving, 
nontribal 
institution (as defined in section 319); 
‘‘(B) a consortium of institutions described in subpara-
graph (A); or 
‘‘(C) an institution described in subparagraph (A), or 
a consortium described in subparagraph (B), in partnership 
with any other institution of higher education, but only 
if the center of excellence established under section 242 
is located at an institution described in subparagraph (A). 
‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 
‘scientifically based reading research’ has the meaning given 
such term in section 1208 of the Elementary and Secondary 
Education Act of 1965. 
‘‘SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 
to carry out this part, the Secretary is authorized to award competi-
tive grants to eligible institutions to establish centers of excellence. 
‘‘(b) USE OF FUNDS.—Grants provided by the Secretary under 
this subpart shall be used to ensure that current and future teachers 
are highly qualified by carrying out one or more of the following 
activities: 
‘‘(1) Implementing reforms within teacher preparation pro-
grams 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 effec-
tively in the classroom, including use of instructional techniques 
to improve student academic achievement, by— 
‘‘(A) retraining or recruiting faculty; and 
‘‘(B) designing (or redesigning) teacher preparation pro-
grams that— 
‘‘(i) prepare teachers to serve in low-performing 
schools and close student achievement gaps, and that
H. R. 4137—82 
are based on rigorous academic content, scientifically 
valid research (including scientifically based reading 
research and mathematics research, as it becomes 
available), and challenging State academic content 
standards and student academic achievement stand-
ards; and 
‘‘(ii) promote strong teaching skills. 
‘‘(2) Providing sustained and high-quality preservice clinical 
experience, including the mentoring of prospective teachers by 
exemplary 
teachers, 
substantially 
increasing 
interaction 
between faculty at institutions of higher education and new 
and experienced teachers, principals, and other administrators 
at elementary schools or secondary schools, and providing sup-
port, including preparation time, for such interaction. 
‘‘(3) Developing and implementing initiatives to promote 
retention of highly qualified teachers and principals, including 
minority teachers and principals, including programs that pro-
vide— 
‘‘(A) teacher or principal mentoring from exemplary 
teachers or principals, respectively; or 
‘‘(B) induction and support for teachers and principals 
during their first three years of employment 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, not 
to exceed the cost of attendance. 
‘‘(5) Disseminating information on effective practices for 
teacher preparation and successful teacher certification and 
licensure assessment preparation 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 accompanied by such informa-
tion as the Secretary may require. 
‘‘(d) MINIMUM GRANT AMOUNT.—The minimum amount of each 
grant under this subpart shall be $500,000. 
‘‘(e) LIMITATION
ON ADMINISTRATIVE EXPENSES.—An eligible 
institution that receives a grant under this subpart may use not 
more than two percent of the funds provided to administer the 
grant. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe such regula-
tions as may be necessary to carry out this subpart. 
‘‘Subpart 3—Preparing General Education Teach-
ers to More Effectively Educate Students With 
Disabilities 
‘‘SEC. 251. 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 can-
didates to ensure that such teacher candidates possess the 
knowledge and skills necessary to effectively instruct students 
with disabilities in general education classrooms.
H. R. 4137—83 
‘‘(2) DURATION
OF
GRANTS.—A grant under this section 
shall be awarded for a period of not more than five years. 
‘‘(3) NON-FEDERAL
SHARE.—An eligible partnership 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-Federal sources, which may be provided in 
cash or in kind. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 
the term ‘eligible partnership’ means a partnership that— 
‘‘(1) shall include— 
‘‘(A) one or more departments or programs at an 
institution of higher education— 
‘‘(i) that prepare elementary or secondary general 
education teachers; 
‘‘(ii) that have a program of study that leads to 
an undergraduate degree, a master’s degree, or comple-
tion of a postbaccalaureate program required for 
teacher certification; and 
‘‘(iii) the graduates of which are highly qualified; 
‘‘(B) a department or program of special education at 
an institution of higher education; 
‘‘(C) a department or program at an institution of 
higher education that provides degrees in core academic 
subjects; and 
‘‘(D) a high-need local educational agency; and 
‘‘(2) may include a department or program of mathematics, 
earth or physical science, foreign language, or another depart-
ment at the institution that has a role in preparing teachers. 
‘‘(c) ACTIVITIES.—An eligible partnership that receives a grant 
under this section— 
‘‘(1) shall use the grant funds to— 
‘‘(A) 
develop 
or 
strengthen 
an 
undergraduate, 
postbaccalaureate, or master’s teacher preparation program 
by integrating special education strategies into the general 
education curriculum and academic content; 
‘‘(B) provide teacher candidates participating in the 
program under subparagraph (A) with skills related to— 
‘‘(i) response to intervention, positive behavioral 
interventions and supports, differentiated instruction, 
and data driven instruction; 
‘‘(ii) universal design for learning; 
‘‘(iii) determining and utilizing accommodations for 
instruction and assessments; 
‘‘(iv) collaborating with special educators, related 
services providers, and parents, including participation 
in individualized education program development and 
implementation; and 
‘‘(v) 
appropriately 
utilizing 
technology 
and 
assistive technology for students with disabilities; and 
‘‘(C) provide extensive clinical experience for partici-
pants described in subparagraph (B) with mentoring and 
induction support throughout the program that continues 
during the first two years of full-time teaching; and 
‘‘(2) may use grant funds to develop and administer alter-
nate assessments of students with disabilities. 
‘‘(d) APPLICATION.—An eligible partnership seeking a grant 
under this section shall submit an application to the Secretary
H. R. 4137—84 
at such time, in such manner, and containing such information 
as the Secretary may require. Such application shall include— 
‘‘(1) a self-assessment by the eligible partnership of the 
existing teacher preparation program at the institution of 
higher education and needs related to preparing general edu-
cation teacher candidates to instruct students with disabilities; 
and 
‘‘(2) an assessment of the existing personnel needs for 
general education teachers who instruct students with disabil-
ities, 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 recog-
nized 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.— 
‘‘(1) BY THE PARTNERSHIP.— 
‘‘(A) IN
GENERAL.—An eligible partnership receiving 
a grant under this section shall conduct an evaluation 
at the end of the grant period to determine— 
‘‘(i) the effectiveness of the general education 
teachers who completed a program under subsection 
(c)(1) with respect to instruction of students with 
disabilities in general education classrooms; and 
‘‘(ii) the systemic impact of the activities carried 
out by such grant on how each institution of higher 
education that is a member of the partnership prepares 
teachers for instruction in elementary schools and sec-
ondary schools. 
‘‘(B) REPORT TO THE SECRETARY.—Each eligible part-
nership performing an evaluation under subparagraph (A) 
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 available to Congress and the public 
the findings of the evaluations submitted under paragraph 
(1), and information on best practices related to effective 
instruction of students with disabilities in general education 
classrooms. 
‘‘Subpart 4—Adjunct Teacher Corps 
‘‘SEC. 255. ADJUNCT TEACHER CORPS. 
‘‘(a) PURPOSE.—The purpose of this section is to create 
opportunities for professionals and other individuals with subject 
matter expertise in mathematics, science, or critical foreign lan-
guages to provide such subject matter expertise to secondary school 
students on an adjunct basis. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is authorized to 
award grants on a competitive basis to eligible entities to identify, 
recruit, and train qualified individuals with subject matter expertise 
in mathematics, science, or critical foreign languages to serve as 
adjunct content specialists.
H. R. 4137—85 
‘‘(c) DURATION OF GRANTS.—The Secretary may award grants 
under this section for a period of not more than five years. 
‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ 
means— 
‘‘(1) a local educational agency; or 
‘‘(2) a partnership consisting of a local educational agency, 
serving as a fiscal agent, and a public or private educational 
organization or business. 
‘‘(e) USES OF FUNDS.—An eligible entity that receives 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 entity to identify, 
recruit, and train individuals with subject matter expertise 
in mathematics, science, or 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 distance-learning 
arrangements) to become adjunct content specialists. 
‘‘(2) To provide preservice training and on-going profes-
sional development to adjunct content specialists. 
‘‘(f) APPLICATIONS.— 
‘‘(1) APPLICATION REQUIRED.—An eligible entity that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require. 
‘‘(2) CONTENTS.—An application submitted under para-
graph (1) shall include— 
‘‘(A) a description of— 
‘‘(i) the need for, and expected benefits of using, 
adjunct content specialists in the schools served by 
the local educational agency, which may include 
information on the difficulty the local educational 
agency faces in recruiting qualified faculty in mathe-
matics, science, and critical foreign language courses; 
‘‘(ii) measurable objectives for the activities sup-
ported by the grant, including the number of adjunct 
content specialists the eligible entity intends to place 
in schools and classrooms, and the gains in academic 
achievement expected as a result of the addition of 
such specialists; 
‘‘(iii) how the eligible entity will establish criteria 
for and recruit the most qualified individuals and 
public or private organizations and businesses to 
participate in the activities supported by the grant; 
‘‘(iv) how the eligible entity will provide preservice 
training and on-going professional development to 
adjunct content specialists to ensure that such special-
ists have the capacity to serve effectively; 
‘‘(v) 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; and 
‘‘(vi) how the eligible entity will support and con-
tinue 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
H. R. 4137—86 
‘‘(B) an assurance that the use of adjunct content 
specialists will not result in the displacement or transfer 
of currently employed teachers nor a reduction in the 
number of overall teachers in the district. 
‘‘(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 served by the local educational agency 
that have a large number or percentage of students performing 
below grade level in mathematics, science, or critical foreign 
language courses; 
‘‘(2) serve local educational agencies that have a large 
number or percentage of students from low-income families; 
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 entity 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 submit to the Secretary 
a final report on the results of the activities supported by such 
grant, which shall contain such information as the Secretary may 
require, including any improvements in student academic achieve-
ment 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 achievement, 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 mathematics, science, 
or a critical foreign language, as determined by the local edu-
cational agency; and 
‘‘(3) is not the primary provider of instructional 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. 
‘‘Subpart 5—Graduate Fellowships to Prepare 
Faculty in High-Need Areas at Colleges of Edu-
cation 
‘‘SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH- 
NEED AREAS AT COLLEGES OF EDUCATION. 
‘‘(a) GRANTS BY SECRETARY.—The Secretary shall make grants 
to eligible institutions to enable such institutions to make graduate 
fellowship awards to qualified individuals in accordance with the 
provisions of this section.
H. R. 4137—87 
‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the term ‘eligible 
institution’ means an institution of higher education, or a consor-
tium of such institutions, that offers a program of postbaccalaureate 
study leading to a doctoral degree. 
‘‘(c) APPLICATIONS.—An eligible institution that desires a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may reasonably require. 
‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.— 
‘‘(1) IN GENERAL.—An eligible institution that receives a 
grant under this section shall use the grant funds to provide 
graduate fellowships to individuals who are preparing for the 
professorate in order to prepare individuals to become highly 
qualified elementary school and secondary school mathematics 
and science teachers, special education teachers, and teachers 
who provide instruction for limited English proficient students. 
‘‘(2) TYPES
OF
STUDY.—A graduate fellowship provided 
under this section shall support an individual in pursuing 
postbaccalaureate study, which leads to a doctoral degree and 
may include a master’s degree as part of such study, related 
to teacher preparation and pedagogy in one of the following 
areas: 
‘‘(A) Science, technology, engineering, or mathematics, 
if the individual has completed a master’s degree in mathe-
matics or science and is pursuing a doctoral degree in 
mathematics, science, or education. 
‘‘(B) Special education. 
‘‘(C) The instruction of limited English proficient stu-
dents, including postbaccalaureate study in language 
instruction educational programs. 
‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.— 
‘‘(1) SELECTION OF FELLOWS.—The Secretary shall ensure 
that an eligible institution that receives a grant under this 
section— 
‘‘(A) shall provide graduate fellowship awards to 
individuals who plan to pursue a career in instruction 
at an institution of higher education that has a teacher 
preparation program; and 
‘‘(B) may not provide a graduate fellowship to an other-
wise eligible individual— 
‘‘(i) during periods in which such individual is 
enrolled at an institution of higher education unless 
such individual is maintaining satisfactory academic 
progress in, and devoting full-time study or research 
to, the pursuit of the degree for which the fellowship 
support was provided; or 
‘‘(ii) if the individual is engaged in gainful employ-
ment, other than part-time employment related to 
teaching, research, or a similar activity determined 
by the institution to be consistent with and supportive 
of the individuals’s progress toward the degree for 
which the fellowship support was provided. 
‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.— 
‘‘(A) IN GENERAL.—An eligible institution that receives 
a grant under this section shall award stipends to individ-
uals who are provided graduate fellowships under this 
section.
H. R. 4137—88 
‘‘(B) AWARDS
BASED
ON
NEED.—A stipend provided 
under this section shall be in an amount equal to the 
level of support provided by the National Science Founda-
tion graduate fellowships, except that such stipend shall 
be adjusted as necessary so as not to exceed the fellowship 
recipient’s demonstrated need, as determined by the 
institution of higher education where the fellowship 
recipient is enrolled. 
‘‘(3) SERVICE REQUIREMENT.— 
‘‘(A) 
TEACHING
REQUIRED.—Each 
individual 
who 
receives a graduate fellowship under this section and earns 
a doctoral degree shall teach for one year at an institution 
of higher education that has a teacher preparation program 
for each year of fellowship support received under this 
section. 
‘‘(B) INSTITUTIONAL OBLIGATION.—Each eligible institu-
tion that receives a grant under this section shall provide 
an assurance to the Secretary that the institution has 
inquired of and determined the decision of each individual 
who has received a graduate fellowship to, within three 
years of receiving a doctoral degree, begin employment 
at an institution of higher education that has a teacher 
preparation program, as required by this section. 
‘‘(C) AGREEMENT REQUIRED.—Prior to receiving an ini-
tial graduate fellowship award, and upon the annual 
renewal of the graduate fellowship award, an individual 
selected to receive a graduate fellowship under this section 
shall sign an agreement with the Secretary agreeing to 
pursue a career in instruction at an institution of higher 
education that has a teacher preparation program in 
accordance with subparagraph (A). 
‘‘(D) FAILURE
TO
COMPLY.—If an individual who 
receives a graduate fellowship award under this section 
fails to comply with the agreement signed pursuant to 
subparagraph (C), the sum of the amounts of any graduate 
fellowship award received by such recipient shall, upon 
a determination of such a failure, be treated as a Federal 
Direct Unsubsidized Stafford Loan under part D of title 
IV, and shall be subject to repayment, together with 
interest thereon accruing from the date of the fellowship 
award, in accordance with terms and conditions specified 
by the Secretary in regulations under this subpart. 
‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary 
may waive or modify the service requirement of this para-
graph in accordance with regulations promulgated by the 
Secretary with respect to the criteria to determine the 
circumstances under which compliance with such service 
requirement is inequitable or represents a substantial 
hardship. The Secretary may waive the service requirement 
if compliance by the fellowship recipient is determined 
to be inequitable or represent a substantial hardship— 
‘‘(i) because the individual is permanently and 
totally disabled at the time of the waiver request; 
or 
‘‘(ii) based on documentation presented to the Sec-
retary of substantial economic or personal hardship.
H. R. 4137—89 
‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eligible institu-
tion that receives a grant under this section may reserve not more 
than ten percent of the grant amount for academic and career 
transition support for graduate fellowship recipients and for meeting 
the institutional obligation described in subsection (e)(3)(B). 
‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible institution 
that receives a grant under this section may not use grant funds 
for general operational overhead of the institution. 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 261. LIMITATIONS. 
‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in this title shall 
be construed to permit, allow, encourage, or authorize any Federal 
control over any aspect of any private, religious, or home school, 
whether or not a home school is treated as a private school or 
home school under State law. This section shall not be construed 
to prohibit private, religious, or home schools from participation 
in programs or services under this title. 
‘‘(b) NO
CHANGE
IN
STATE
CONTROL
ENCOURAGED
OR 
REQUIRED.—Nothing in this title shall be construed to encourage 
or require any change in a State’s treatment of any private, reli-
gious, or home school, whether or not a home school is treated 
as a private school or home school under State law. 
‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFICATION OR LICEN-
SURE PROHIBITED.—Nothing in this title shall be construed to 
permit, allow, encourage, or authorize the Secretary to establish 
or support any national system of teacher certification or licensure. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to the employees of local educational agencies 
under Federal, State, or local laws (including applicable regulations 
or court orders) or under the terms of collective bargaining agree-
ments, memoranda of understanding, or other agreements between 
such employees and their employers.’’. 
TITLE III—INSTITUTIONAL AID 
SEC. 301. PROGRAM PURPOSE. 
Section 311 (20 U.S.C. 1057) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘351’’ and inserting 
‘‘391’’; and 
(B) in paragraph (3)(F), by inserting ‘‘, including serv-
ices that will assist in the education of special populations’’ 
before the period; and 
(2) in subsection (c)— 
(A) in paragraph (6), by inserting ‘‘, including innova-
tive, customized, instruction courses designed to help retain 
students and move the students rapidly into core courses 
and through program completion, which may include 
remedial education and English language instruction’’ 
before the period; 
(B) by redesignating paragraphs (7) through (12) as 
paragraphs (8) through (13), respectively; 
(C) by inserting after paragraph (6) the following:
H. R. 4137—90 
‘‘(7) Education or counseling services designed to improve 
the financial literacy and economic literacy of students or the 
students’ families.’’; 
(D) in paragraph (12) (as redesignated by subpara-
graph (B)), by striking ‘‘distance learning academic instruc-
tion capabilities’’ and inserting ‘‘distance education tech-
nologies’’; and 
(E) in the matter preceding subparagraph (A) of para-
graph (13) (as redesignated by subparagraph (B)), by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b) and 
section 391’’. 
SEC. 302. DEFINITIONS; ELIGIBILITY. 
Section 312 (20 U.S.C. 1058) is amended— 
(1) in subsection (b)(1)(A), by striking ‘‘subsection (c) of 
this section’’ and inserting ‘‘subsection (d)’’; 
(2) in subsection (d)(2), by striking ‘‘subdivision’’ and 
inserting ‘‘paragraph’’; 
(3) by redesignating subsection (g) as subsection (h); and 
(4) by inserting after subsection (f) the following: 
‘‘(g) LOW-INCOME INDIVIDUAL.—For the purpose of this part, 
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.’’. 
SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 
UNIVERSITIES. 
Section 316 (20 U.S.C. 1059c) is amended— 
(1) by striking subsection (b)(3) and inserting the following: 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal Col-
lege or University’ means an institution that— 
‘‘(A) qualifies for funding under the Tribally Controlled 
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
1801 et seq.) or the Navajo Community College Assistance 
Act of 1978 (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).’’; 
(2) in subsection (c)(2)— 
(A) by striking subparagraph (B) and inserting the 
following: 
‘‘(B) 
construction, 
maintenance, 
renovation, 
and 
improvement in classrooms, libraries, laboratories, and 
other instructional facilities, including purchase or rental 
of telecommunications technology equipment or services, 
and the acquisition of real property adjacent to the campus 
of the institution on which to construct such facilities;’’; 
(B) in subparagraph (C), by inserting before the semi-
colon at the end the following: ‘‘or in tribal governance 
or tribal public policy’’; 
(C) in subparagraph (D), by inserting before the semi-
colon the following: ‘‘and instruction in tribal governance 
or tribal public policy’’; 
(D) by redesignating subparagraphs (G), (H), (I), (J), 
(K), and (L) as subparagraphs (H), (I), (J), (K), (L), and 
(N), respectively; 
(E) by inserting after subparagraph (F) the following:
H. R. 4137—91 
‘‘(G) education or counseling services designed to 
improve the financial literacy and economic literacy of stu-
dents or the students’ families;’’; 
(F) in subparagraph (L) (as redesignated by subpara-
graph (D)), by striking ‘‘and’’ after the semicolon; 
(G) by inserting after subparagraph (L) (as redesig-
nated by subparagraph (D) and amended by subparagraph 
(F)) the following: 
‘‘(M) developing or improving facilities for Internet use 
or other distance education technologies; and’’; and 
(H) in subparagraph (N) (as redesignated by subpara-
graph (D)), by striking ‘‘subparagraphs (A) through (K)’’ 
and inserting ‘‘subparagraphs (A) through (M)’’; and 
(3) by striking subsection (d) and inserting the following: 
‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive 
assistance under this section, a Tribal College or University 
shall be an eligible institution under section 312(b). 
‘‘(2) APPLICATION.— 
‘‘(A) IN
GENERAL.—A Tribal College or University 
desiring to receive assistance under this section shall 
submit an application to the Secretary at such time, in 
such manner, and containing such information as the Sec-
retary may reasonably require. 
‘‘(B) STREAMLINED
PROCESS.—The Secretary shall 
establish application requirements in such a manner as 
to simplify and streamline the process for applying for 
grants under this section. 
‘‘(3) AWARDS AND ALLOCATIONS TO INSTITUTIONS.— 
‘‘(A) CONSTRUCTION GRANTS.— 
‘‘(i) IN GENERAL.—Of the amount appropriated to 
carry out this section for any fiscal year, the Secretary 
may reserve 30 percent for the purpose of awarding 
one-year grants of not less than $1,000,000 to address 
construction, maintenance, and renovation needs at 
eligible institutions. 
‘‘(ii) PREFERENCE.—In providing grants under 
clause (i) 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. 
‘‘(B) ALLOTMENT OF REMAINING FUNDS.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the Secretary shall distribute the remaining funds 
appropriated for any fiscal year to each eligible institu-
tion as follows: 
‘‘(I) 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 in section 2(a) of the Tribally Controlled 
Colleges and Universities Assistance Act of 1978 
(25 U.S.C. 1801(a)) of the Tribal Colleges and 
Universities. 
‘‘(II) The remaining 40 percent shall be distrib-
uted in equal shares to the eligible Tribal Colleges 
and Universities.
H. R. 4137—92 
‘‘(ii) MINIMUM GRANT.—The amount distributed to 
a Tribal College or University under clause (i) shall 
not be less than $500,000. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) CONCURRENT
FUNDING.—No Tribal College or 
University that receives funds under this section shall 
concurrently receive funds under any other provision of 
this part, part B, or part A of title V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section.’’. 
SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITU-
TIONS. 
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (H), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) education or counseling services designed to 
improve the financial literacy and economic literacy of stu-
dents or the students’ families.’’. 
SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS. 
(a) IN GENERAL.—Part A of title III (20 U.S.C. 1057 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 
‘‘(a) PURPOSE.—It is the purpose of this section to assist 
Predominantly Black Institutions in expanding educational oppor-
tunity through a program of Federal assistance. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means an institution of higher education that— 
‘‘(A) has an enrollment of needy undergraduate stu-
dents; 
‘‘(B) has an average educational and general expendi-
ture that is low, per full-time equivalent undergraduate 
student, in comparison with the average educational and 
general expenditure per full-time equivalent undergraduate 
student of institutions that offer similar instruction, except 
that the Secretary may apply the waiver requirements 
described in section 392(b) to this subparagraph in the 
same manner as the Secretary applies the waiver require-
ments to section 312(b)(1)(B); 
‘‘(C) has an enrollment of undergraduate students that 
is not less than 40 percent Black American students; 
‘‘(D) is legally authorized to provide, and provides, 
within the State an educational program for which the 
institution of higher education awards a baccalaureate 
degree or, in the case of a junior or community college, 
an associate’s degree; 
‘‘(E) is accredited by a nationally recognized accrediting 
agency or association determined by the Secretary to be 
a reliable authority as to the quality of training offered 
or is, according to such an agency or association, making 
reasonable progress toward accreditation; and
H. R. 4137—93 
‘‘(F) is not receiving assistance under part B or part 
A of title V. 
‘‘(2) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enroll-
ment of needy students’ means the enrollment at an eligible 
institution with respect to which not less than 50 percent 
of the undergraduate students enrolled in an academic program 
leading to a degree— 
‘‘(A) in the second fiscal year preceding the fiscal year 
for which the determination is made, were Federal Pell 
Grant recipients for such year; 
‘‘(B) come from families that receive benefits under 
a means-tested Federal benefit program; 
‘‘(C) attended a public or nonprofit private secondary 
school that— 
‘‘(i) is in the school district of a local educational 
agency that was eligible for assistance under part A 
of title I of the Elementary and Secondary Education 
Act of 1965 for any year during which the student 
attended such secondary school; and 
‘‘(ii) for the purpose of this paragraph and for 
such year of attendance, was determined by the Sec-
retary (pursuant to regulations and after consultation 
with the State educational agency of the State in which 
the school is located) to be a school in which the 
enrollment of children meeting a measure of poverty 
under section 1113(a)(5) of such Act exceeds 30 percent 
of the total enrollment of such school; or 
‘‘(D) are first-generation college students and a 
majority of such first-generation college students are low- 
income individuals. 
‘‘(3) FIRST-GENERATION COLLEGE STUDENT.—The term ‘first- 
generation college student’ has the meaning given the term 
in section 402A(h). 
‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low-income indi-
vidual’ has the meaning given such term in section 402A(h). 
‘‘(5) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term 
‘means-tested Federal benefit program’ means a program of 
the Federal Government, other than a program under title 
IV, in which eligibility for the program’s benefits, or the amount 
of such benefits, are determined on the basis of income or 
resources of the individual or family seeking the benefit. 
‘‘(6) 
PREDOMINANTLY
BLACK
INSTITUTION.—The 
term 
‘Predominantly Black Institution’ means an institution of 
higher education, as defined in section 101(a)— 
‘‘(A) that is an eligible institution with not less than 
1,000 undergraduate students; 
‘‘(B) at which not less than 50 percent of the under-
graduate students enrolled at the eligible institution are 
low-income individuals or first-generation college students; 
and 
‘‘(C) at which not less than 50 percent of the under-
graduate students are enrolled in an educational program 
leading to a bachelor’s or associate’s degree that the eligible 
institution is licensed to award by the State in which 
the eligible institution is located. 
‘‘(7) STATE.—The term ‘State’ means each of the 50 States 
and the District of Columbia.
H. R. 4137—94 
‘‘(c) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary is authorized to award 
grants, from allotments under subsection (e), to Predominantly 
Black Institutions to enable the Predominantly Black Institu-
tions to carry out the authorized activities described in sub-
section (d). 
‘‘(2) PRIORITY.—In awarding grants under this section the 
Secretary shall give priority to Predominantly Black Institu-
tions with large numbers or percentages of students described 
in subsections (b)(1)(A) or (b)(1)(C). The level of priority given 
to Predominantly Black Institutions with large numbers or 
percentages of students described in subsection (b)(1)(A) shall 
be twice the level of priority given to Predominantly Black 
Institutions with large numbers or percentages of students 
described in subsection (b)(1)(C). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) REQUIRED
ACTIVITIES.—Grant funds provided under 
this section shall be used— 
‘‘(A) to assist the Predominantly Black Institution to 
plan, develop, undertake, and implement programs to 
enhance the institution’s capacity to serve more low- and 
middle-income Black American students; 
‘‘(B) to expand higher education opportunities for stu-
dents eligible to participate in programs under title IV 
by encouraging college preparation and student persistence 
in secondary school and postsecondary education; and 
‘‘(C) to strengthen the financial ability of the Predomi-
nantly Black Institution to serve the academic needs of 
the students described in subparagraphs (A) and (B). 
‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds provided under 
this section shall be used for one or more of the following 
activities: 
‘‘(A) The activities described in paragraphs (1) through 
(12) of section 311(c). 
‘‘(B) Academic instruction in disciplines in which Black 
Americans are underrepresented. 
‘‘(C) Establishing or enhancing a program of teacher 
education designed to qualify students to teach in a public 
elementary school or secondary school in the State that 
shall include, as part of such program, preparation for 
teacher certification or licensure. 
‘‘(D) Establishing community outreach programs that 
will encourage elementary school and secondary school stu-
dents to develop the academic skills and the interest to 
pursue postsecondary education. 
‘‘(E) Other activities proposed in the application sub-
mitted pursuant to subsection (f) that— 
‘‘(i) contribute to carrying out the purpose of this 
section; and 
‘‘(ii) are approved by the Secretary as part of the 
review and approval of an application submitted under 
subsection (f). 
‘‘(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.
H. R. 4137—95 
‘‘(B) MATCHING REQUIREMENT.—In order to be eligible 
to use grant funds in accordance with subparagraph (A), 
a Predominantly Black Institution shall provide matching 
funds from non-Federal sources, in an amount equal to 
or greater than the Federal funds used in accordance with 
subparagraph (A), for the establishment 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 determines are not inconsistent 
with this subsection, shall apply to funds used under 
subparagraph (A). 
‘‘(4) LIMITATION.—Not more than 50 percent of the grant 
funds provided to a Predominantly Black Institution under 
this section may be available for the purpose of constructing 
or maintaining a classroom, library, laboratory, or other instruc-
tional facility. 
‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.— 
‘‘(1) FEDERAL PELL GRANT BASIS.—From the amounts appro-
priated to carry out this section for any fiscal year, the Sec-
retary shall allot to each Predominantly Black Institution 
having an application approved under subsection (f) a sum 
that bears the same ratio to one-half of that amount as the 
number of Federal Pell Grant recipients in attendance at such 
institution at the end of the academic year preceding the begin-
ning of that fiscal year, bears to the total number of Federal 
Pell Grant recipients at all such institutions at the end of 
such academic year. 
‘‘(2) GRADUATES BASIS.—From the amounts appropriated 
to carry out this section for any fiscal year, the Secretary 
shall allot to each Predominantly Black Institution having an 
application approved under subsection (f) a sum that bears 
the same ratio to one-fourth of that amount as the number 
of graduates for such academic year at such institution, bears 
to the total number of graduates for such academic year at 
all such institutions. 
‘‘(3) GRADUATES SEEKING A HIGHER DEGREE BASIS.—From 
the amounts appropriated to carry out this section for any 
fiscal year, the Secretary shall allot to each Predominantly 
Black Institution having an application approved under sub-
section (f) a sum that bears the same ratio to one-fourth of 
that amount as the percentage of graduates from such institu-
tion who are admitted to and in attendance at, not later than 
two years after graduation with an associate’s degree or a 
baccalaureate degree, a baccalaureate degree-granting institu-
tion or a graduate or professional school in a degree program 
in disciplines in which Black American students are underrep-
resented, bears to the percentage of such graduates for all 
such institutions. 
‘‘(4) MINIMUM ALLOTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1), (2), 
and (3), the amount allotted to each Predominantly Black 
Institution under this section may not be less than 
$250,000. 
‘‘(B) INSUFFICIENT
AMOUNT.—If the amounts appro-
priated to carry out this section for a fiscal year are not 
sufficient to pay the minimum allotment provided under
H. R. 4137—96 
subparagraph (A) for the fiscal year, then the amount 
of such minimum allotment shall be ratably reduced. If 
additional sums become available for such fiscal year, such 
reduced allotment shall be increased on the same basis 
as the allotment was reduced until the amount allotted 
equals the minimum allotment required under subpara-
graph (A). 
‘‘(5) REALLOTMENT.—The amount of a Predominantly Black 
Institution’s allotment under paragraph (1), (2), (3), or (4) for 
any fiscal year that the Secretary determines will not be needed 
for such institution for the period for which such allotment 
is available, shall be available for reallotment to other Predomi-
nantly Black Institutions in proportion to the original allot-
ments to such other institutions 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 determines appropriate. 
‘‘(f) APPLICATIONS.—Each Predominantly Black Institution 
desiring a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and containing 
or accompanied by such information as the Secretary may reason-
ably require. 
‘‘(g) APPLICATION REVIEW PROCESS.—Section 393 shall not apply 
to applications under this section. 
‘‘(h) DURATION AND CARRYOVER.—Any grant funds paid to a 
Predominantly Black Institution under this section that are not 
expended or used for the purposes for which the funds were paid 
within ten years following the date on which the grant was awarded, 
shall be repaid to the Treasury. 
‘‘(i) SPECIAL RULE ON ELIGIBILITY.—No Predominantly Black 
Institution that receives funds under this section shall concurrently 
receive funds under any other provision of this part, part B, or 
part A of title V.’’. 
(b) CONFORMING
AMENDMENT.—Section 312(d) (20 U.S.C. 
1058(d)) is amended by striking ‘‘For the purpose’’ and inserting 
‘‘Except as provided in section 318(b), for the purpose’’. 
SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 
Part A of title III (20 U.S.C. 1057 et seq.) is amended by 
adding after section 318 (as added by section 305 of this Act) 
the following: 
‘‘SEC. 319. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 
‘‘(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 and low-income individ-
uals. 
‘‘(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, as defined in section 
101(a), that, at the time of application— 
‘‘(A) is an eligible institution under section 312(b);
H. R. 4137—97 
‘‘(B) has an enrollment of undergraduate students that 
is not less than 10 percent Native American students; 
and 
‘‘(C) 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 
and low-income individuals. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 
may include— 
‘‘(A) the purchase, rental, or lease of scientific or labora-
tory equipment for educational purposes, including instruc-
tional and research purposes; 
‘‘(B) renovation and improvement in classroom, library, 
laboratory, and other instructional facilities; 
‘‘(C) support of faculty exchanges, and faculty develop-
ment and faculty fellowships to assist faculty in attaining 
advanced degrees in the faculty’s field of instruction; 
‘‘(D) curriculum development and academic instruction; 
‘‘(E) the purchase of library books, periodicals, micro-
film, and other educational materials; 
‘‘(F) funds and administrative management, and 
acquisition of equipment for use in strengthening funds 
management; 
‘‘(G) the joint use of facilities such as laboratories and 
libraries; 
‘‘(H) academic tutoring and counseling programs and 
student support services; and 
‘‘(I) education or counseling services designed to 
improve the financial and economic literacy of students 
or the students’ families. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL
ELIGIBILITY.—A Native American- 
serving, nontribal institution desiring to receive assistance 
under this section shall submit to the Secretary such enrollment 
data as may be necessary to demonstrate that the institution 
is a Native American-serving, nontribal institution, along with 
such other information and data as the Secretary may reason-
ably require. 
‘‘(2) APPLICATIONS.— 
‘‘(A) AUTHORITY TO SUBMIT APPLICATIONS.—Any institu-
tion 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 FORMAT.—The Sec-
retary shall, to the extent possible, continue to prescribe 
a simplified and streamlined format for applications under 
this section that takes into account the limited number 
of institutions that are eligible for assistance under this 
section. 
‘‘(C) 
CONTENT.—An 
application 
submitted 
under 
subparagraph (A) shall include—
H. R. 4137—98 
‘‘(i) a five-year plan for improving the assistance 
provided by the Native American-serving, nontribal 
institution to Native Americans and low-income 
individuals; and 
‘‘(ii) such other information and assurances as the 
Secretary may reasonably require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Native American-serving, non-
tribal institution that receives funds under this section 
shall concurrently receive funds under any other provision 
of this part, part B, or part A of title V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section. 
‘‘(C) DISTRIBUTION.—In awarding grants under this sec-
tion, the Secretary shall, to the extent possible and con-
sistent with the competitive process under which such 
grants are awarded, ensure maximum and equitable dis-
tribution among all eligible institutions. 
‘‘(D) MINIMUM GRANT AMOUNT.—The minimum amount 
of a grant under this section shall be $200,000.’’. 
SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN 
PACIFIC ISLANDER-SERVING INSTITUTIONS. 
Part A of title III (20 U.S.C. 1057 et seq.) is amended by 
adding after section 319 (as added by section 306 of this Act) 
the following: 
‘‘SEC. 
320. 
ASIAN 
AMERICAN 
AND 
NATIVE 
AMERICAN 
PACIFIC 
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 and low-income individuals. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ASIAN AMERICAN.—The term ‘Asian American’ has the 
meaning given the term ‘Asian’ in the Office of Management 
and Budget’s Standards for Maintaining, Collecting, and Pre-
senting Federal Data on Race and Ethnicity as published on 
October 30, 1997 (62 Fed. Reg. 58789). 
‘‘(2) ASIAN
AMERICAN
AND
NATIVE
AMERICAN
PACIFIC 
ISLANDER-SERVING
INSTITUTION.—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 enrollment of 
undergraduate students that is not less than 10 percent 
students who are Asian American or Native American 
Pacific Islander. 
‘‘(3) NATIVE AMERICAN PACIFIC ISLANDER.—The term ‘Native 
American Pacific Islander’ means any descendant of the 
aboriginal people of any island in the Pacific Ocean that is 
a territory or possession of the United States. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.—Grants awarded 
under this section shall be used by Asian American and Native 
American Pacific Islander-serving institutions to assist such
H. R. 4137—99 
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 and 
low-income individuals. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 
may include— 
‘‘(A) purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional 
and research purposes; 
‘‘(B) renovation and improvement in classroom, library, 
laboratory, and other instructional facilities; 
‘‘(C) support of faculty exchanges, and faculty develop-
ment and faculty fellowships to assist in attaining advanced 
degrees in the faculty’s field of instruction; 
‘‘(D) curriculum development and academic instruction; 
‘‘(E) purchase of library books, periodicals, microfilm, 
and other educational materials; 
‘‘(F) funds and administrative management, and 
acquisition of equipment for use in strengthening funds 
management; 
‘‘(G) joint use of facilities such as laboratories and 
libraries; 
‘‘(H) academic tutoring and counseling programs and 
student support services; 
‘‘(I) establishing community outreach programs that 
will encourage elementary school and secondary school stu-
dents to develop the academic skills and the interest to 
pursue postsecondary education; 
‘‘(J) establishing or improving an endowment fund; 
‘‘(K) academic instruction in disciplines in which Asian 
Americans and Native American Pacific Islanders are 
underrepresented; 
‘‘(L) conducting research and data collection for Asian 
American and Native American Pacific Islander popu-
lations and subpopulations; 
‘‘(M) establishing partnerships with community-based 
organizations serving Asian Americans and Native Amer-
ican Pacific Islanders; and 
‘‘(N) education or counseling services designed to 
improve the financial and economic literacy of students 
or the students’ families. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian American and 
Native American Pacific Islander-serving institution desiring 
to receive assistance under this section shall submit to the 
Secretary such enrollment data as may be necessary to dem-
onstrate that the institution is an Asian American and Native 
American Pacific Islander-serving institution as defined in sub-
section (b), along with such other information and data as 
the Secretary may reasonably require. 
‘‘(2) APPLICATIONS.—Any institution that is determined by 
the Secretary to be an Asian American and Native American 
Pacific Islander-serving institution may submit an application 
for assistance under this section to the Secretary. Such applica-
tion shall include— 
‘‘(A) a five-year plan for improving the assistance pro-
vided by the Asian American and Native American Pacific
H. R. 4137—100 
Islander-serving institution to Asian American and Native 
American Pacific Islander students and low-income individ-
uals; and 
‘‘(B) such other information and assurances as the 
Secretary may reasonably require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Asian American and Native 
American Pacific Islander-serving institution that receives 
funds under this section shall concurrently receive funds 
under any other provision of this part, part B, or title 
V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section. 
‘‘(C) DISTRIBUTION.—In awarding grants under this sec-
tion, the Secretary shall— 
‘‘(i) to the extent possible and consistent 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 institutions for 
which not less than 10 percent of such institution’s 
Asian American and Native American Pacific Islander 
students are low-income individuals.’’. 
SEC. 308. PART B DEFINITIONS. 
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting 
‘‘, in consultation with the Commissioner for Education Statistics’’ 
before ‘‘and the Commissioner’’. 
SEC. 309. GRANTS TO INSTITUTIONS. 
Section 323(a) (20 U.S.C. 1062(a)) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 
(2) by redesignating paragraph (12) as paragraphs (15); 
and 
(3) by inserting after paragraph (11) the following: 
‘‘(12) Acquisition of real property in connection with the 
construction, renovation, or addition to or improvement of cam-
pus facilities. 
‘‘(13) Education or financial information designed to 
improve the financial literacy and economic literacy of students 
or the students’ families, especially with regard to student 
indebtedness and student assistance programs under title IV. 
‘‘(14) 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.’’. 
SEC. 310. ALLOTMENTS. 
(a) MINIMUM ALLOTMENT.—Subsection (d) of section 324 (20 
U.S.C. 1063(d)) is amended to read as follows: 
‘‘(d) MINIMUM ALLOTMENT.—Notwithstanding subsections (a) 
through (c), and subject to subsection (h), if the amount of an 
award under this section for a part B institution, based on the 
data provided by the part B institution and the formula under 
subsections (a) through (c), would be—
H. R. 4137—101 
‘‘(1) an amount that is greater than $250,000 but less 
than $500,000, the Secretary shall award the part B institution 
an allotment in the amount of $500,000; and 
‘‘(2) an amount that is equal to or less than $250,000, 
the Secretary shall award the part B institution an allotment 
in the amount of $250,000.’’. 
(b) CONDITIONS FOR ALLOTMENTS.—Section 324 (20 U.S.C. 1063) 
is further amended by adding at the end the following new sub-
section: 
‘‘(h) CONDITIONS FOR ALLOTMENTS.— 
‘‘(1) STUDENT
REQUIREMENTS
FOR
ALLOTMENT.—Notwith-
standing any other provision of this section, a part B institution 
that would otherwise be eligible for funds under this part 
shall not receive an allotment under this part for a fiscal 
year, including the minimum allotment under subsection (d), 
if the part B institution, in the academic year preceding such 
fiscal year— 
‘‘(A) did not have any enrolled students who were 
Pell Grant recipients; 
‘‘(B) did not graduate any students; or 
‘‘(C) where appropriate, did not have any students 
who, within 5 years of graduation from the part B institu-
tion, were admitted to and in attendance at a graduate 
or professional school in a degree program in disciplines 
in which Blacks are underrepresented. 
‘‘(2) DATA
REQUIREMENTS
FOR
ALLOTMENTS.—Notwith-
standing any other provision of this section, a part B institution 
shall not receive an allotment under this part for a fiscal 
year, including the minimum allotment under subsection (d), 
unless the institution provides the Secretary with the data 
required by the Secretary and for purposes of the formula 
described in subsections (a) through (c), including— 
‘‘(A) the number of Pell Grant recipients enrolled in 
the part B institution in the academic year preceding such 
fiscal year; 
‘‘(B) the number of students who earned an associate 
or baccalaureate degree from the part B institution in 
the academic year preceding such fiscal year; and 
‘‘(C) where appropriate, the percentage of students 
who, within 5 years of graduation from the part B institu-
tion, were admitted to and in attendance at a graduate 
or professional school in a degree program in disciplines 
in which Blacks are underrepresented in the academic 
year preceding such fiscal year.’’. 
SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS. 
(a) DURATION OF GRANT.—Section 326(b) (20 U.S.C. 1063b(b)) 
is amended by adding at the end the following: ‘‘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.’’. 
(b) AUTHORIZED ACTIVITIES.—Section 326(c) (20 U.S.C. 1063b(c)) 
is amended— 
(1) in paragraph (5), by striking ‘‘establish or improve’’ 
and inserting ‘‘establishing or improving’’; 
(2) in paragraph (6)— 
(A) by striking ‘‘assist’’ and inserting ‘‘assisting’’; and
H. R. 4137—102 
(B) by striking ‘‘and’’ after the semicolon; 
(3) by striking the period at the end of paragraph (7) 
and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(8) acquisition of real property that is adjacent to the 
campus in connection with the construction, renovation, or addi-
tion to or improvement of campus facilities; 
‘‘(9) education or financial information designed to improve 
the financial literacy and economic literacy of students or the 
students’ families, especially with regard to student indebted-
ness and student assistance programs under title IV; 
‘‘(10) 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; 
‘‘(11) tutoring, counseling, and student service programs 
designed to improve academic success; and 
‘‘(12) other activities proposed in the application submitted 
under subsection (d) that— 
‘‘(A) contribute to carrying out the purposes of this 
part; and 
‘‘(B) are approved by the Secretary as part of the 
review and acceptance of such application.’’. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) 
is amended— 
(A) in the matter preceding subparagraph (A), by 
inserting a colon after ‘‘the following’’; 
(B) in subparagraph (Q), by striking ‘‘and’’ at the end; 
(C) in subparagraph (R), by striking the period at 
the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(S) Alabama State University qualified graduate pro-
grams; 
‘‘(T) Prairie View A&M University qualified graduate 
programs; 
‘‘(U) Delaware State University qualified graduate pro-
grams; 
‘‘(V) Langston University qualified graduate programs; 
‘‘(W) Bowie State University qualified graduate pro-
grams; and 
‘‘(X) University of the District of Columbia David A. 
Clarke School of Law.’’. 
(2) 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 inserting ‘‘(S) through 
(X)’’. 
(3) ADDITIONAL ELIGIBILITY CHANGES.—Section 326(e)(2)(A) 
(20 U.S.C. 1063b(e)(2)(A)) is amended— 
(A) by inserting ‘‘in law or’’ after ‘‘instruction’’; and 
(B) by striking ‘‘mathematics, or’’ and inserting ‘‘mathe-
matics, psychometrics, or’’. 
(4) ONE
GRANT
PER
INSTITUTION.—Section 326(e)(4) (20 
U.S.C. 1063b(e)(4)) is amended by striking ‘‘or university 
system’’.
H. R. 4137—103 
(d) FUNDING RULE.—Section 326(f) (20 U.S.C. 1063b(f)) is 
amended— 
(1) in paragraph (1)— 
(A) 
by 
striking 
‘‘$26,600,000’’ 
and 
inserting 
‘‘$56,900,000’’; and 
(B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘$26,600,000, but not in excess of 
$28,600,000’’ and inserting ‘‘$56,900,000, but not in excess 
of $62,900,000’’; and 
(B) by striking ‘‘subparagraphs (Q) and (R)’’ and 
inserting ‘‘subparagraphs (S) through (X)’’; and 
(3) in the matter preceding subparagraph (A) of paragraph 
(3)— 
(A) 
by 
striking 
‘‘$28,600,000’’ 
and 
inserting 
‘‘$62,900,000’’; and 
(B) by striking ‘‘(R)’’ and inserting ‘‘(X)’’. 
(e) HOLD HARMLESS RULE.—Section 326(g) (20 U.S.C. 1063(g)) 
is amended by striking ‘‘1998’’ each place it appears and inserting 
‘‘2008’’. 
(f) INTERACTION WITH OTHER GRANT PROGRAMS.—Section 326 
(as amended by this section) (20 U.S.C. 1063) is further amended 
by adding at the end the following: 
‘‘(h) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu-
tion that is eligible for and receives an award under section 512, 
723, or 724 for a fiscal year shall be eligible to apply for a grant, 
or receive grant funds, under this section for the same fiscal year.’’. 
SEC. 312. 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 institu-
tion and not expended or used for the purposes 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. 313. 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 
(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: 
‘‘(i) TECHNICAL ASSISTANCE.—The Secretary, directly or by 
grant or contract, may provide technical assistance to eligible 
institutions to prepare the institutions to qualify, apply for, and 
maintain a grant, under this section.’’. 
SEC. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 
FINANCING. 
(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) is amended— 
(1) in paragraph (5)(G), by striking ‘‘by a nationally recog-
nized accrediting agency or association’’ and inserting ‘‘by an
H. R. 4137—104 
accrediting agency or association recognized by the Secretary 
under subpart 2 of part H of title IV’’; and 
(2) in paragraph (8), by inserting ‘‘capital project’’ after 
‘‘issuing taxable’’. 
(b) FEDERAL INSURANCE FOR BONDS.—Section 343(b) (20 U.S.C. 
1066b(b)) is amended— 
(1) in paragraph (8)(B)(ii)— 
(A) by striking ‘‘10’’ and inserting ‘‘5’’; and 
(B) by inserting ‘‘within 120 days’’ after ‘‘loan proceeds’’; 
(2) in paragraph (10), by striking ‘‘and’’ after the semicolon; 
(3) in paragraph (11), by striking the period at the end 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(12) limit loan collateralization, with respect to any loan 
made under this part, to 100 percent of the loan amount, 
except as otherwise required by the Secretary.’’. 
(c) LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED 
BY
THE DESIGNATED BONDING AUTHORITY.—Section 344(a) (20 
U.S.C. 1066c(a)) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 
(2) in paragraph (1), by striking ‘‘$250,000,000’’ and 
inserting ‘‘$733,333,333’’; and 
(3) in paragraph (2), by striking ‘‘$125,000,000’’ and 
inserting ‘‘$366,666,667’’. 
(d) AUTHORITY
OF
THE SECRETARY.—Section 345 (20 U.S.C. 
1066d) is amended— 
(1) in paragraph (1), by striking ‘‘enactment of the Higher 
Education Amendments of 1992,’’ and inserting ‘‘the date of 
enactment of the Higher Education Opportunity Act,’’; 
(2) by redesignating paragraphs (2) through (7) as para-
graphs (4) through (9), respectively; 
(3) by inserting after paragraph (1) the following: 
‘‘(2) shall ensure that— 
‘‘(A) the selection process for the designated bonding 
authority is conducted on a competitive basis; and 
‘‘(B) the evaluation and selection process is trans-
parent; 
‘‘(3) shall— 
‘‘(A) review the performance of the designated bonding 
authority after the third year of the insurance agreement; 
and 
‘‘(B) following the review described in subparagraph 
(A), implement a revised competitive selection process, if 
determined necessary by the Secretary in consultation with 
the Advisory Board established pursuant to section 347;’’; 
(4) in paragraph (8) (as redesignated by paragraph (2)), 
by striking ‘‘and’’ after the semicolon; 
(5) in paragraph (9) (as redesignated by paragraph (2)), 
by striking the period at the end and inserting ‘‘; and’’; and 
(6) by adding at the end the following: 
‘‘(10) not later than 120 days after the date of enactment 
of the Higher Education Opportunity Act, shall submit to the 
authorizing committees a report on the progress of the Depart-
ment in implementing the recommendations made by the 
Government 
Accountability 
Office 
in 
October 
2006 
for
H. R. 4137—105 
improving the Historically Black College and Universities Cap-
ital Financing Program.’’. 
(e) HBCU CAPITAL FINANCING ADVISORY BOARD.—Section 347 
(20 U.S.C. 1066f) is amended— 
(1) in subsection (b)(1)— 
(A) by striking out ‘‘9 members’’ and inserting ‘‘11 
members’’; 
(B) in subparagraph (C), by striking ‘‘Two’’ and 
inserting ‘‘Three’’; and 
(C) by adding at the end the following: 
‘‘(G) The president of the Thurgood Marshall College 
Fund, or the designee of the president.’’; and 
(2) by adding at the end the following: 
‘‘(c) ADDITIONAL RECOMMENDATIONS FROM ADVISORY BOARD.— 
‘‘(1) IN
GENERAL.—In addition to the responsibilities of 
the Advisory Board described in subsection (a), the Advisory 
Board shall advise the Secretary and the authorizing commit-
tees regarding— 
‘‘(A) the fiscal status and strategic financial condition 
of not less than ten historically Black colleges and univer-
sities that have— 
‘‘(i) obtained construction financing through the 
program under this part and seek additional financing 
or refinancing under such program; or 
‘‘(ii) applied for construction financing through the 
program under this part but have not received 
financing under such program; and 
‘‘(B) the feasibility of reducing borrowing costs associ-
ated with the program under this part, including reducing 
interest rates. 
‘‘(2) REPORT.—Not later than six months after the date 
of enactment of the Higher Education Opportunity Act, the 
Advisory Board shall prepare and submit a report to the author-
izing committees regarding the historically Black colleges and 
universities described in paragraph (1)(A) that includes 
administrative and legislative recommendations for addressing 
the issues related to construction financing facing such histori-
cally Black colleges and universities.’’. 
SEC. 315. 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 
(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 the engagement of underrepresented minority youth 
and youth who are low-income individuals (as such term is defined 
in section 302) in science, technology, engineering, and mathematics 
through outreach and hands-on, experiential-based learning projects 
that encourage students in kindergarten through grade 12 who 
are underrepresented minority youth or low-income individuals to
H. R. 4137—106 
pursue careers in science, technology, engineering, and mathe-
matics. 
‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded to a partner-
ship under this subpart shall be for an amount that is not less 
than $500,000. 
‘‘(c) DURATION.—A grant awarded under this subpart shall be 
for a period of five years. 
‘‘(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership 
receiving a grant under this subpart 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. 
‘‘(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 regions 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 partnerships described in paragraph (5) 
of such section. 
‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 
‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO APPROPRIATIONS.— 
The Secretary is authorized to enter into a contract with a firm 
with a demonstrated record of success in advertising to implement 
a campaign to expand the population of qualified individuals in 
science, technology, engineering, and mathematics fields (referred 
to in this section as ‘STEM fields’) by encouraging young Americans 
to enter such fields. 
‘‘(b) DESIGN OF CAMPAIGN.—The campaign under this section 
shall be designed to enhance the image of education and professions 
in the STEM fields and promote participation in the STEM fields, 
and may include— 
‘‘(1) monitoring trends in youths’ attitudes toward pursuing 
education and professions in the STEM fields and their propen-
sity toward entering the STEM fields; 
‘‘(2) determining what factors contribute to encouraging 
and discouraging Americans from pursuing 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-Americans, and women; and 
‘‘(4) drawing from the market research performed under 
this section and implementing an advertising campaign to 
encourage young Americans to take up studies in STEM fields, 
beginning at an early age. 
‘‘(c) REQUIRED COMPONENTS.—The campaign under this section 
shall— 
‘‘(1) include components that focus tailored messages on 
appropriate age groups, starting with elementary school stu-
dents; and 
‘‘(2) link participation in the STEM fields to the concept 
of service to one’s country, so that young people will be encour-
aged to enter the STEM fields in order fulfill the obligation 
to be of service to their country. 
‘‘(d) PRIORITY.—The campaign under this section shall hold 
as a high priority making specific appeals to Hispanic Americans, 
African Americans, Native Americans, students with disabilities,
H. R. 4137—107 
and women, who are currently underrepresented 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.—The campaign under this 
section shall make use of a variety of media, with an emphasis 
on television advertising, to reach its intended audience. 
‘‘(f) TEACHING.—The campaign under this section 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 schools 
and secondary schools. 
‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘The Secretary shall develop an evaluation and accountability 
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)(B); 
(2) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘institutions of 
higher education’’ and inserting ‘‘public and private non-
profit institutions of higher education’’; 
(B) in subparagraph (C), by inserting before the semi-
colon the following: ‘‘, the Department of Defense, or the 
National Institutes of Health’’; 
(C) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) relevant offices of the National Aeronautics and 
Space Administration, National Oceanic and Atmospheric 
Administration, National Science Foundation, and National 
Institute of Standards and Technology;’’; 
(D) by striking the period at the end of subparagraph 
(E) and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(F) institutions of higher education that have State- 
sponsored centers for research in science, technology, 
engineering, and mathematics; or’’; and 
(3) by adding at the end the following: 
‘‘(5) only with respect to grants under subpart 2, partner-
ships of organizations, the membership of which shall include— 
‘‘(A) at least one institution of higher education eligible 
for assistance under this title or title V; 
‘‘(B) at least one high-need local educational agency 
(as defined in section 200); and 
‘‘(C) at least two community organizations or entities, 
such as businesses, professional associations, community- 
based organizations, philanthropic organizations, or State 
agencies.’’.
H. R. 4137—108 
SEC. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITU-
TIONS. 
(a) REDESIGNATION AND RELOCATION.—The Act (20 U.S.C. 1001 
et seq.) is further amended— 
(1) by redesignating part F of title III as part G of title 
III; 
(2) by redesignating part J of title IV (as added by section 
802 of the College Cost Reduction and Access Act) as part 
F of title III, and moving such part so that such part follows 
part E of title III; and 
(3) by redesignating section 499A (as added by section 
802 of such Act) as section 371. 
(b) CONFORMING AMENDMENTS.—Section 371 (as redesignated 
by subsection (a)(3)) is amended— 
(1) in subsection (b)(2)(C)(i), by striking ‘‘title III’’ each 
place the term appears and inserting ‘‘this title’’; and 
(2) in subsection (c)(9)(F), by striking ‘‘title III’’ and 
inserting ‘‘this title’’. 
(c) AVAILABILITY OF FUNDS.—Paragraph (1) of section 371(b) 
(as redesignated by subsection (a)(3)) is amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) PROVISION OF FUNDS.—There shall be available 
to the Secretary to carry out this section, from funds in 
the Treasury not otherwise appropriated, $255,000,000 for 
each of the fiscal years 2008 and 2009. The authority 
to award grants under this section shall expire at the 
end of fiscal year 2009. 
‘‘(B) AVAILABILITY.—Funds made available under 
subparagraph (A) for a fiscal year shall remain available 
for the next succeeding fiscal year.’’. 
SEC. 317. TECHNICAL ASSISTANCE. 
Section 391 (20 U.S.C. 1068) is amended by adding at the 
end the following: 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, directly or by 
grant or contract, may provide technical assistance to eligible 
institutions to prepare the institutions to qualify, apply for, and 
maintain a grant, under this title.’’. 
SEC. 318. WAIVER AUTHORITY. 
Section 392 (20 U.S.C. 1068a) is amended by adding at the 
end the following: 
‘‘(c) WAIVER
AUTHORITY
WITH
RESPECT
TO
INSTITUTIONS 
LOCATED IN AN AREA AFFECTED BY A GULF HURRICANE DISASTER.— 
‘‘(1) WAIVER AUTHORITY.—Notwithstanding any other provi-
sion of law, unless enacted with specific reference to this sec-
tion, for any affected institution 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 2011 
(and may, for each of the fiscal years 2012 and 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
H. R. 4137—109 
‘‘(iv) the use of the funding formula developed 
pursuant to section 326(f)(3); 
‘‘(B) waive or modify any statutory or regulatory provi-
sion to ensure that affected institutions that were receiving 
assistance under this title at the time of a Gulf hurricane 
disaster are not adversely affected by any formula calcula-
tion for fiscal year 2009 or for any of the four succeeding 
fiscal years, as necessary; and 
‘‘(C) make available to each affected institution an 
amount that is not less than the amount made available 
to such institution under this title for fiscal year 2006, 
except that for any fiscal year for which the funds appro-
priated for payments under this title are less than the 
appropriated level for fiscal year 2006, the amount made 
available to such institutions shall be ratably reduced 
among the institutions receiving funds under this title. 
‘‘(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 (which term shall 
have the meaning given the term ‘eligible institu-
tion’ under section 312(b)); or 
‘‘(II) a part B institution, as such term is 
defined in section 322(2), or as identified in section 
326(e); 
‘‘(ii) is located in an area affected by a Gulf hurri-
cane disaster; and 
‘‘(iii) is able to demonstrate that, as a result of 
the impact of a Gulf hurricane disaster, the institu-
tion— 
‘‘(I) incurred physical damage; 
‘‘(II) has pursued collateral source compensa-
tion from insurance, the Federal Emergency 
Management Agency, and the Small Business 
Administration, as appropriate; and 
‘‘(III) was not able to fully reopen in existing 
facilities or to fully reopen to the pre-hurricane 
enrollment levels during the 30-day period begin-
ning on August 29, 2005. 
‘‘(B) AREA AFFECTED BY A GULF HURRICANE DISASTER; 
GULF HURRICANE DISASTER.—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. 319. AUTHORIZATION OF APPROPRIATIONS. 
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 (other than sections 316 through 320), 
$135,000,000 for fiscal year 2009, and such sums as may be 
necessary for each of the five 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
H. R. 4137—110 
as may be necessary for each of the five 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 five succeeding fiscal 
years. 
‘‘(D) There are authorized to be appropriated to carry out 
section 318, $75,000,000 for fiscal year 2009 and each of the 
five succeeding fiscal years. 
‘‘(E) There are authorized to be appropriated to carry out 
section 319, $25,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(F) There are authorized to be appropriated to carry out 
section 320, $30,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(2) PART B.—(A) There are authorized to be appropriated 
to carry out part B (other than section 326), $375,000,000 
for fiscal year 2009, and such sums as may be necessary for 
each of the five succeeding 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 five succeeding fiscal 
years. 
‘‘(3) PART C.—There are authorized to be appropriated to 
carry out part C, $10,000,000 for fiscal year 2009, and such 
sums as may be necessary for each of the five succeeding 
fiscal years. 
‘‘(4) PART D.—(A) There are authorized to be appropriated 
to carry out part D (other than section 345(9), but including 
section 347), $185,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(B) There are authorized to be appropriated to carry out 
section 345(9) such sums as may be necessary for fiscal year 
2009 and each of the five succeeding 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 
five succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated to carry out 
subpart 2 of part E, such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years.’’. 
SEC. 320. TECHNICAL CORRECTIONS. 
Title III (20 U.S.C. 1051 et seq.) is further amended— 
(1) in section 342(5) (20 U.S.C. 1066a(5))— 
(A) in the matter preceding subparagraph (A), by 
inserting a comma after ‘‘344(b)’’; and 
(B) in subparagraph (C), by striking ‘‘equipment tech-
nology,,’’ and inserting ‘‘equipment, technology,’’; 
(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’’;
H. R. 4137—111 
(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 striking ‘‘eligible institu-
tions under part A institutions’’ and inserting ‘‘eligible institu-
tions 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’’. 
TITLE IV—STUDENT ASSISTANCE 
PART A—GRANTS TO STUDENTS IN ATTEND-
ANCE AT INSTITUTIONS OF HIGHER EDU-
CATION 
SEC. 401. FEDERAL PELL GRANTS. 
(a) AUTHORIZED MAXIMUMS.— 
(1) AMENDMENTS.—Section 401(b) (20 U.S.C. 1070a(b)) is 
amended— 
(A) by amending paragraph (2)(A) to read as follows: 
‘‘(2)(A) The amount of the Federal Pell Grant for a student 
eligible under this part shall be— 
‘‘(i) $6,000 for academic year 2009–2010; 
‘‘(ii) $6,400 for academic year 2010–2011; 
‘‘(iii) $6,800 for academic year 2011–2012; 
‘‘(iv) $7,200 for academic year 2012–2013; 
‘‘(v) $7,600 for academic year 2013–2014; and 
‘‘(vi) $8,000 for academic year 2014–2015, 
less an amount equal to the amount determined to be the expected 
family contribution with respect to that student for that year.’’; 
(B) by designating the paragraphs following paragraph 
(2), in the order in which such paragraphs appear, as 
paragraphs (3) through (8); 
(C) in paragraph (4) (as designated by subparagraph 
(B)), by striking ‘‘$400, except’’ and all that follows through 
the period and inserting ‘‘ten percent of the maximum 
basic grant level specified in the appropriate appropriation 
Act for such academic year, except that a student who 
is eligible for a Federal Pell Grant in an amount that 
is equal to or greater than five percent of such level but 
less than ten percent of such level shall be awarded a 
Federal Pell grant in the amount of ten percent of such 
level.’’; 
(D) by striking paragraph (5) (as designated by 
subparagraph (B)) and inserting the following: 
‘‘(5)(A) The Secretary shall award a student not more than 
two Federal Pell Grants during a single award year to permit 
such student to accelerate the student’s progress toward a 
degree or certificate if the student is enrolled— 
‘‘(i) on at least a half-time basis for a period of more 
than one academic year, or more than two semesters or 
an equivalent period of time, during a single award year; 
and 
‘‘(ii) in a program of instruction at an institution of 
higher education for which the institution awards an asso-
ciate or baccalaureate degree or a certificate.
H. R. 4137—112 
‘‘(B) In the case of a student receiving more than one 
Federal Pell Grant in a single award year under subparagraph 
(A), the total amount of Federal Pell Grants awarded to such 
student for the award year may exceed the maximum basic 
grant level specified in the appropriate appropriations Act for 
such award year.’’; 
(E) in paragraph (7) (as designated by subparagraph 
(B)), 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 nonforcible 
sexual offense (as determined in accordance with the Fed-
eral Bureau of Investigation’s Uniform Crime Reporting 
Program)’’; and 
(F) in paragraph (8) (as designated by subparagraph 
(B))— 
(i) by amending subparagraph (D) to read as fol-
lows: 
‘‘(D) PROGRAM REQUIREMENTS AND OPERATIONS OTHER-
WISE 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 oper-
ations for the determination and allocation of Federal Pell 
Grants under this section.’’; and 
(ii) by amending subparagraph (F) to read as fol-
lows: 
‘‘(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 remain available through September 30 of the 
succeeding fiscal year.’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amendments made by paragraph (1) shall take 
effect on July 1, 2009. 
(B) 
SPECIAL
RULE.—The 
amendments 
made 
by 
subparagraph (F) of paragraph (1) shall take effect on 
the date of enactment of this Act. 
(b) MAXIMUM DURATION
OF ELIGIBILITY.—Section 401(c) (20 
U.S.C. 1070a(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 18 semesters, or the equivalent of 
18 semesters, as determined by the Secretary by regulation. Such 
regulations shall provide, with respect to a student who received 
a Federal Pell Grant for a term but was enrolled at a fraction 
of full-time, that only that same fraction of such semester or equiva-
lent shall count towards such duration limits. 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.’’. 
(c) CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.— 
(1) AMENDMENT.—Section 401(f) (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 subparagraph (B) shall be deemed to be zero for the
H. R. 4137—113 
period during which each such student is eligible to receive a 
Federal Pell Grant under subsection (c). 
‘‘(B) Subparagraph (A) shall apply to any student at an institu-
tion of higher education— 
‘‘(i) whose parent or guardian was a member 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 less than 24 years of age, or was enrolled 
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. 
‘‘(C) Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs and the Secretary of Defense, as appropriate, 
shall provide the Secretary of Education with information necessary 
to determine which students meet the requirements of subpara-
graph (B).’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on July 1, 2009. 
SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 
(a) AMENDMENTS.— 
(1) IN GENERAL.—Section 401A (as amended by Public Law 
110–227) (20 U.S.C. 1070a–1) is amended— 
(A) in subsection (c)(3)— 
(i) in subparagraph (A), by striking clause (i) and 
inserting the following: 
‘‘(i)(I) successfully completes, after January 1, 
2006, but before July 1, 2009, a rigorous secondary 
school program of study established by a State or local 
educational agency and recognized as such by the Sec-
retary; or 
‘‘(II) successfully completes, on or after July 1, 
2009, a rigorous secondary school program of study 
that prepares students for college— 
‘‘(aa)(AA) that is recognized as such by the 
official designated for such recognition consistent 
with State law; and 
‘‘(BB) about which the designated official has 
reported to the Secretary, at such time as the 
Secretary may reasonably require, in order to 
assist financial aid administrators to determine 
that the student is an eligible student under this 
section; or 
‘‘(bb) that is recognized as such by the Sec-
retary in regulations promulgated to carry out this 
section, as such regulations were in effect on May 
6, 2008; and’’; and 
(ii) in subparagraph (B), by striking clause (i) and 
inserting the following: 
‘‘(i)(I) successfully completes, after January 1, 
2005, but before July 1, 2009, a rigorous secondary 
school program of study established by a State or local 
educational agency and recognized as such by the Sec-
retary; or 
‘‘(II) successfully completes, on or after July 1, 
2009, a rigorous secondary school program of study 
that prepares students for college—
H. R. 4137—114 
‘‘(aa)(AA) that is recognized as such by the 
official designated for such recognition consistent 
with State law; and 
‘‘(BB) about which the designated official has 
reported to the Secretary, at such time as the 
Secretary may reasonably require, in order to 
assist financial aid administrators to determine 
that the student is an eligible student under this 
section; or 
‘‘(bb) that is recognized as such by the Sec-
retary in regulations promulgated to carry out this 
section, as such regulations were in effect on May 
6, 2008; and’’; and 
(B) by amending subsection (e)(2) to read as follows: 
‘‘(2) AVAILABILITY OF FUNDS.—The amounts made available 
by paragraph (1) for any fiscal year shall be available from 
October 1 of that fiscal year and remain available through 
September 30 of the succeeding fiscal year.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(B) shall take effect on October 1, 2008. 
(3) EFFECTIVE
DATE
AMENDMENT.—Section 10(b) of the 
Ensuring Continued Access to Student Loans Act of 2008 is 
amended by striking ‘‘January 1’’ and inserting ‘‘July 1’’. 
(b) WAIVER
OF MASTER CALENDAR
AND NEGOTIATED RULE-
MAKING REQUIREMENTS.—Sections 482 and 492 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to 
the amendments made by subsection (a), or to any regulations 
promulgated under those amendments. 
(c) RELATED AMENDMENT TO THE ENSURING CONTINUED ACCESS 
TO STUDENT LOANS ACT OF 2008.— 
(1) AMENDMENT.—Section 11 of the Ensuring Continued 
Access to Student Loans Act of 2008 is amended by striking 
‘‘sections 2 through 9 of’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect as if enacted as part of the Ensuring 
Continued Access to Student Loans Act of 2008. 
SEC. 403. FEDERAL TRIO PROGRAMS. 
(a) PROGRAM
AUTHORITY; AUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 402A (20 U.S.C. 1070a–11) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) 
by 
inserting 
‘‘including 
community-based 
organizations with experience in serving disadvantaged 
youth’’ after ‘‘private agencies and organizations’’; and 
(ii) by striking ‘‘in exceptional circumstances’’ and 
inserting ‘‘, as appropriate to the purposes of the pro-
gram’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘4’’ and inserting ‘‘5’’; and 
(ii) by amending subparagraph (A) to read as fol-
lows: 
‘‘(A) in order 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
H. R. 4137—115 
chapter, provide a one-time, limited extension of the length 
of such an award;’’; and 
(C) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) MINIMUM GRANTS.—Unless the institution or agency 
requests a smaller amount, an individual grant authorized 
under this chapter shall be awarded in an amount that is 
not less than $200,000, except that an individual grant author-
ized under section 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
EXPERIENCE.—In’’ and 
inserting the following: 
‘‘(2) CONSIDERATIONS.— 
‘‘(A) PRIOR EXPERIENCE.—In’’; 
(ii) by striking ‘‘service delivery’’ and inserting 
‘‘high quality service delivery, as determined under 
subsection (f),’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(B) PARTICIPANT NEED.—In making grants under this 
chapter, the Secretary shall consider the number, percent-
ages, and needs of eligible participants in the area, institu-
tion of higher education, or secondary school to be served 
to aid such participants in preparing for, enrolling in, or 
succeeding in postsecondary education, 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 ‘‘campuses’’ and 
inserting ‘‘different campuses’’; 
(D) in paragraph (6), by adding at the end the following 
new sentence: ‘‘The Secretary shall, as appropriate, require 
each applicant for funds under the programs authorized 
by this chapter to identify and make available services 
under such program, including mentoring, tutoring, and 
other services provided by such program, to foster care 
youth (including youth in foster care and youth who have 
left foster care after reaching age 13) or to homeless chil-
dren and youths as defined in section 725 of the McKinney- 
Vento Homeless Assistance Act.’’; and 
(E) by adding at the end the following: 
‘‘(8) REVIEW AND NOTIFICATION BY THE SECRETARY.— 
‘‘(A) GUIDANCE.—Not later than 180 days after the 
date of enactment of the Higher Education Opportunity 
Act, the Secretary shall issue nonregulatory guidance 
regarding the rights and responsibilities of applicants with 
respect to the application and evaluation process for pro-
grams and projects assisted under this chapter, including 
applicant access to peer review comments. The guidance 
shall describe the procedures for the submission, proc-
essing, and scoring of applications for grants under this 
chapter, including— 
‘‘(i) the responsibility of applicants to submit mate-
rials in a timely manner and in accordance with the
H. R. 4137—116 
processes established by the Secretary under the 
authority of the General Education Provisions Act; 
‘‘(ii) steps the Secretary will take to ensure that 
the materials submitted by applicants are processed 
in a proper and timely manner; 
‘‘(iii) steps the Secretary will take to ensure that 
prior experience points for high quality service delivery 
are awarded in an accurate and transparent manner; 
‘‘(iv) steps the Secretary will take to ensure the 
quality and integrity of the peer review process, 
including assurances that peer reviewers will consider 
applications for grants under this chapter in a thorough 
and complete manner consistent with applicable Fed-
eral law; and 
‘‘(v) steps the Secretary will take to ensure that 
the final score of an application, including prior experi-
ence points for high quality service delivery and points 
awarded through the peer review process, is deter-
mined in an accurate and transparent manner. 
‘‘(B) UPDATED
GUIDANCE.—Not later than 45 days 
before the date of the commencement of each competition 
for a grant under this chapter that is held after the expira-
tion of the 180-day period described in subparagraph (A), 
the Secretary shall update and publish the guidance 
described in such subparagraph. 
‘‘(C) REVIEW.— 
‘‘(i) IN GENERAL.—With respect to any competition 
for a grant under this chapter, an applicant may 
request a review by the Secretary if the applicant— 
‘‘(I) has evidence of a specific technical, 
administrative, or scoring error made by the 
Department, an agent of the Department, or a 
peer reviewer, with respect to the scoring or proc-
essing of a submitted application; and 
‘‘(II) has otherwise met all of the requirements 
for submission of the application. 
‘‘(ii) TECHNICAL OR ADMINISTRATIVE ERROR.—In the 
case of evidence of a technical or administrative error 
listed in clause (i)(I), the Secretary shall review such 
evidence and provide a timely response to the 
applicant. If the Secretary determines that a technical 
or administrative error was made by the Department 
or an agent of the Department, the application of the 
applicant shall be reconsidered in the peer review 
process for the applicable grant competition. 
‘‘(iii) SCORING ERROR.—In the case of evidence of 
a scoring error listed in clause (i)(I), when the error 
relates to either prior experience points for high quality 
service delivery or to the final score of an application, 
the Secretary shall— 
‘‘(I) review such evidence and provide a timely 
response to the applicant; and 
‘‘(II) if the Secretary determines that a scoring 
error was made by the Department or a peer 
reviewer, adjust the prior experience points or final 
score of the application appropriately and quickly,
H. R. 4137—117 
so as not to interfere with the timely awarding 
of grants for the applicable grant competition. 
‘‘(iv) ERROR IN PEER REVIEW PROCESS.— 
‘‘(I) REFERRAL TO SECONDARY REVIEW.—In the 
case of a peer review process error listed in clause 
(i)(I), if the Secretary determines that points were 
withheld for criteria not required in Federal 
statute, regulation, or guidance governing a pro-
gram assisted under this chapter or the application 
for a grant for such program, or determines that 
information pertaining to selection criteria was 
wrongly determined missing from an application 
by a peer reviewer, then the Secretary shall refer 
the application to a secondary review panel. 
‘‘(II) TIMELY REVIEW; REPLACEMENT SCORE.— 
The secondary review panel described in subclause 
(I) shall conduct a secondary review in a timely 
fashion, and the score resulting from the secondary 
review shall replace the score from the initial peer 
review. 
‘‘(III) COMPOSITION
OF
SECONDARY
REVIEW 
PANEL.—The secondary review panel shall be com-
posed of reviewers each of whom— 
‘‘(aa) did not review the application in the 
original peer review; 
‘‘(bb) is a member of the cohort of peer 
reviewers for the grant program that is the 
subject of such secondary review; and 
‘‘(cc) to extent practicable, has conducted 
peer reviews in not less than two previous 
competitions for the grant program that is 
the subject of such secondary review. 
‘‘(IV) FINAL
SCORE.—The final peer review 
score of an application subject to a secondary 
review under this clause shall be adjusted appro-
priately and quickly using the score awarded by 
the secondary review panel, so as not to interfere 
with the timely awarding of grants for the 
applicable grant competition. 
‘‘(V) QUALIFICATION FOR SECONDARY REVIEW.— 
To qualify for a secondary review under this clause, 
an applicant shall have evidence of a scoring error 
and demonstrate that— 
‘‘(aa) points were withheld for criteria not 
required in statute, regulation, or guidance 
governing the Federal TRIO programs or the 
application for a grant for such programs; or 
‘‘(bb) information pertaining to selection 
criteria was wrongly determined to be missing 
from the application. 
‘‘(v) FINALITY.— 
‘‘(I) IN GENERAL.—A determination by the Sec-
retary under clause (i), (ii), or (iii) shall not be 
reviewable by any officer or employee of the 
Department. 
‘‘(II) SCORING.—The score awarded by a sec-
ondary review panel under clause (iv) shall not
H. R. 4137—118 
be reviewable by any officer or employee of the 
Department other than the Secretary. 
‘‘(vi) FUNDING
OF
APPLICATIONS
WITH
CERTAIN 
ADJUSTED SCORES.—To the extent feasible based on 
the availability of appropriations, the Secretary shall 
fund applications with scores that are adjusted upward 
under clauses (ii), (iii), and (iv) to equal or exceed 
the minimum cut off score for the applicable grant 
competition.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘(g)(2)’’ each place it appears and 
inserting ‘‘(h)(4)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) Notwithstanding this subsection and subsection (h)(4), 
individuals who are foster care youth (including youth in foster 
care and youth who have left foster care after reaching age 13), 
or homeless children and youths 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.’’; 
(4) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; 
(5) by inserting after subsection (e) the following: 
‘‘(f) OUTCOME CRITERIA.— 
‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINATION.—For com-
petitions for grants under this chapter that begin on or after 
January 1, 2009, the Secretary shall determine an eligible 
entity’s prior experience of high quality service delivery, as 
required under subsection (c)(2), based on the outcome criteria 
described in paragraphs (2) and (3). 
‘‘(2) DISAGGREGATION
OF
RELEVANT
DATA.—The outcome 
criteria under this subsection shall be disaggregated by low- 
income students, first generation college students, and individ-
uals with disabilities, in the schools and institutions of higher 
education served by the program to be evaluated. 
‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome cri-
teria under this subsection shall measure, annually and for 
longer periods, the quality and effectiveness of programs 
authorized under this chapter and shall include the following: 
‘‘(A) For programs authorized under section 402B, the 
extent to which the eligible entity met or exceeded the 
entity’s objectives established in the entity’s application 
for such program 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 sec-
ondary school with a regular secondary school diploma 
in the standard number of years; 
‘‘(iv) the completion by such students of a rigorous 
secondary school program of study that will make such 
students eligible for programs such as the Academic 
Competitiveness Grants Program; 
‘‘(v) the enrollment of such students in an institu-
tion of higher education; and
H. R. 4137—119 
‘‘(vi) to the extent practicable, the postsecondary 
education completion of such students. 
‘‘(B) For programs authorized under section 402C, the 
extent to which the eligible entity 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 Secretary for the period; 
‘‘(ii) such students’ school performance, as meas-
ured by the grade point average, or its equivalent; 
‘‘(iii) such students’ academic performance, as 
measured by standardized tests, including tests 
required by the students’ State; 
‘‘(iv) the retention in, and graduation from, sec-
ondary school of such students; 
‘‘(v) the completion by such students of a rigorous 
secondary school program of study that will make such 
students eligible for programs such as the Academic 
Competitiveness Grants Program; 
‘‘(vi) the enrollment of such students in an institu-
tion of higher education; and 
‘‘(vii) to the extent practicable, the postsecondary 
education completion of such students. 
‘‘(C) For programs authorized under section 402D— 
‘‘(i) the extent to which the eligible entity met 
or exceeded the entity’s objectives regarding the reten-
tion in postsecondary 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 entity met or exceeded the 
entity’s objectives regarding the percentage of such 
students’ completion of the degree programs in which 
such students were enrolled; 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 such students met or 
exceeded the entity’s objectives regarding— 
‘‘(aa) the completion of a degree or certificate 
by such students; and 
‘‘(bb) the transfer of such students to institu-
tions of higher education that offer baccalaureate 
degrees; 
‘‘(iii) the extent to which the entity met or exceeded 
the entity’s objectives regarding 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 regarding the students served 
under the program who remain in good academic 
standing. 
‘‘(D) For programs authorized under section 402E, the 
extent to which the entity 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 Secretary for the period;
H. R. 4137—120 
‘‘(ii) the provision of appropriate scholarly and 
research activities for the students served by the pro-
gram; 
‘‘(iii) the acceptance and enrollment of such stu-
dents in graduate programs; and 
‘‘(iv) the continued enrollment of such students 
in graduate study and the attainment of doctoral 
degrees by former program participants. 
‘‘(E) For programs authorized under section 402F, the 
extent to which the entity met or exceeded the entity’s 
objectives for such program regarding— 
‘‘(i) the enrollment of students without a secondary 
school diploma or its recognized equivalent, who were 
served by the program, in programs leading to such 
diploma or equivalent; 
‘‘(ii) the enrollment of secondary school graduates 
who were served by the program in programs of post-
secondary education; 
‘‘(iii) the delivery of service to a total number of 
students served by the program, as agreed upon by 
the entity and the Secretary for the period; and 
‘‘(iv) the provision of assistance to students served 
by the program in completing financial aid applications 
and college admission applications. 
‘‘(4) MEASUREMENT OF PROGRESS.—In order to determine 
the extent to which each outcome criterion described in para-
graph (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 by the Secretary, with 
the results for the criterion, measured as of the last day of 
the applicable time period for the determination for the outcome 
criterion.’’; 
(6) in subsection (g) (as redesignated by paragraph (4))— 
(A) in the first sentence, by striking ‘‘$700,000,000 
for fiscal year 1999’’ and all that follows through the period 
and inserting ‘‘$900,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the five succeeding 
fiscal years.’’; and 
(B) by striking the fourth sentence; and 
(7) in subsection (h) (as redesignated by paragraph (4))— 
(A) by redesignating paragraphs (1) through (4) as 
paragraphs (3) through (6), respectively; 
(B) by inserting before paragraph (3) (as redesignated 
by subparagraph (A)) the following: 
‘‘(1) DIFFERENT
CAMPUS.—The term ‘different campus’ 
means a site of an institution of higher education that— 
‘‘(A) is geographically apart from the main campus 
of the institution; 
‘‘(B) is permanent in nature; and 
‘‘(C) offers courses in educational programs leading 
to a degree, certificate, or other recognized educational 
credential. 
‘‘(2) DIFFERENT
POPULATION.—The term ‘different popu-
lation’ means a group of individuals that an eligible entity 
desires to serve through an application for a grant under this 
chapter, and that—
H. R. 4137—121 
‘‘(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 special-
ized services.’’; 
(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 
(iii) by adding at the end the following: 
‘‘(C) was a member of a reserve component of the 
Armed Forces called to active duty for a period of more 
than 30 days; or 
‘‘(D) was a member of a reserve component 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) (as redesignated by subparagraph 
(A)), by striking ‘‘subparagraph (A) or (B) of paragraph 
(3)’’ and inserting ‘‘subparagraph (A), (B), or (C) of para-
graph (5)’’. 
(b) TALENT SEARCH.—Section 402B (20 U.S.C. 1070a–12) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by inserting ‘‘, and facilitate the 
application for,’’ after ‘‘the availability of’’; and 
(B) in paragraph (3), by striking ‘‘, but who have the 
ability to complete such programs, to reenter’’ and inserting 
‘‘to enter or reenter, and complete’’; 
(2) by redesignating subsection (c) as subsection (d); 
(3) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—Any project assisted under this sec-
tion shall provide— 
‘‘(1) connections to high quality academic tutoring services, 
to enable students to complete secondary or postsecondary 
courses; 
‘‘(2) advice and assistance in secondary course selection 
and, if applicable, initial postsecondary course selection; 
‘‘(3) assistance in preparing for college entrance examina-
tions and completing college admission applications; 
‘‘(4)(A) information on the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(5) guidance on and assistance in—
H. R. 4137—122 
‘‘(A) secondary school reentry; 
‘‘(B) alternative education programs for secondary 
school dropouts that lead to the receipt of a regular sec-
ondary school diploma; 
‘‘(C) entry into general educational development (GED) 
programs; or 
‘‘(D) postsecondary education; and 
‘‘(6) connections to education or counseling services 
designed to improve the financial literacy and economic literacy 
of students or the students’ parents, including financial plan-
ning for postsecondary education. 
‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this 
section may provide services such as— 
‘‘(1) academic tutoring, which may include instruction in 
reading, writing, study skills, mathematics, science, and other 
subjects; 
‘‘(2) personal and career counseling or activities; 
‘‘(3) information and activities designed to acquaint youth 
with the range of career options available to the youth; 
‘‘(4) exposure to the campuses of institutions of higher 
education, as well as cultural events, academic programs, and 
other sites or activities not usually available to disadvantaged 
youth; 
‘‘(5) workshops and counseling for families of students 
served; 
‘‘(6) mentoring programs involving elementary or secondary 
school teachers or counselors, faculty members at institutions 
of higher education, students, or any combination of such per-
sons; and 
‘‘(7) programs and activities as described in subsection (b) 
or paragraphs (1) through (6) of this subsection that are spe-
cially designed for students who are limited English proficient, 
students from groups that are traditionally underrepresented 
in postsecondary education, students with disabilities, students 
who are homeless children and youths (as such term is defined 
in section 725 of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a)), students who are in foster care or 
are aging out of the foster care system, or other disconnected 
students.’’; and 
(4) in the matter preceding paragraph (1) of subsection 
(d) (as redesignated by paragraph (2)), by striking ‘‘talent search 
projects under this chapter’’ and inserting ‘‘projects under this 
section’’. 
(c) UPWARD BOUND.—Section 402C (20 U.S.C. 1070a–13) is 
amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—Any project assisted under this sec-
tion shall provide— 
‘‘(1) academic tutoring to enable students to complete sec-
ondary or postsecondary courses, which may include instruction 
in reading, writing, study skills, mathematics, science, and 
other subjects; 
‘‘(2) advice and assistance in secondary and postsecondary 
course selection; 
‘‘(3) assistance in preparing for college entrance examina-
tions and completing college admission applications;
H. R. 4137—123 
‘‘(4)(A) information on the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(5) guidance on and assistance in— 
‘‘(A) secondary school reentry; 
‘‘(B) alternative education programs for secondary 
school dropouts that lead to the receipt of a regular sec-
ondary school diploma; 
‘‘(C) entry into general educational development (GED) 
programs; or 
‘‘(D) postsecondary education; and 
‘‘(6) education or counseling services designed to improve 
the financial literacy and economic literacy of students or the 
students’ parents, including financial planning for postsec-
ondary education.’’; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘REQUIRED 
SERVICES’’ and inserting ‘‘ADDITIONAL REQUIRED SERVICES 
FOR MULTIPLE-YEAR GRANT RECIPIENTS’’; and 
(B) by striking ‘‘upward bound project assisted under 
this chapter’’ and inserting ‘‘project assisted under this 
section’’; 
(3) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; 
(4) by inserting after subsection (c) the following: 
‘‘(d) PERMISSIBLE SERVICES.—Any project assisted under this 
section may provide such services as— 
‘‘(1) exposure to cultural events, academic programs, and 
other activities not usually available to disadvantaged youth; 
‘‘(2) information, activities, and instruction designed to 
acquaint youth participating in the project with the range of 
career options available to the youth; 
‘‘(3) on-campus residential programs; 
‘‘(4) mentoring programs involving elementary school or 
secondary school teachers or counselors, faculty members at 
institutions of higher education, students, or any combination 
of such persons; 
‘‘(5) work-study positions where youth participating in the 
project are exposed to careers requiring a postsecondary degree; 
‘‘(6) special services, including mathematics and science 
preparation, to enable veterans to make the transition to post-
secondary education; and 
‘‘(7) programs and activities as described in subsection (b), 
subsection (c), or paragraphs (1) through (6) of this subsection 
that are specially designed for students who are limited English 
proficient, students from groups that are traditionally underrep-
resented in postsecondary education, students with disabilities, 
students who are homeless children and youths (as such term 
is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)), students who are in foster 
care or are aging out of the foster care system, or other discon-
nected students.’’; 
(5) in subsection (e) (as redesignated by paragraph (3))—
H. R. 4137—124 
(A) in the matter preceding paragraph (1), by striking 
‘‘upward bound projects under this chapter’’ and inserting 
‘‘projects under this section’’; 
(B) in paragraph (2), by striking ‘‘either low-income’’ 
and all that follows through the semicolon and inserting 
‘‘low-income individuals, first generation college students, 
or students who have a high risk for academic failure;’’; 
(C) in paragraph (3), by striking ‘‘and’’ after the semi-
colon; 
(D) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(5) require an assurance that no student will be denied 
participation in a project assisted under this section because 
the student will enter the project after the 9th grade.’’; 
(6) in subsection (f) (as redesignated by paragraph (3))— 
(A) by striking ‘‘during June, July, and August’’ each 
place the term occurs and inserting ‘‘during the summer 
school recess, for a period not to exceed three months’’; 
and 
(B) by striking ‘‘(b)(10)’’ and inserting ‘‘(d)(5)’’; and 
(7) by adding at the end the following: 
‘‘(h) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PRO-
GRAM.—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 
the Upward Bound Program published by the Department of Edu-
cation 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 participa-
tion 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 (20 U.S.C. 
1070a–14) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ after the semi-
colon; and 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) to foster an institutional climate supportive of the 
success of students who are limited English proficient, students 
from groups that are traditionally underrepresented in postsec-
ondary education, students with disabilities, students who are 
homeless children and youths (as such term is defined in section 
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434a)), students who are in foster care or are aging out 
of the foster care system, or other disconnected students; and 
‘‘(4) to improve the financial literacy and economic literacy 
of students, including— 
‘‘(A) basic personal income, household money manage-
ment, and financial planning skills; and 
‘‘(B) basic economic decisionmaking skills.’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e);
H. R. 4137—125 
(3) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—A project assisted under this section 
shall provide— 
‘‘(1) academic tutoring, directly or through other services 
provided by the institution, to enable students to complete 
postsecondary courses, which may include instruction in 
reading, writing, study skills, mathematics, science, and other 
subjects; 
‘‘(2) advice and assistance in postsecondary course selection; 
‘‘(3)(A) information on both the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(4) education or counseling services designed to improve 
the financial literacy and economic literacy of students, 
including financial planning for postsecondary education; 
‘‘(5) activities designed to assist students participating in 
the project in applying for admission to, and obtaining financial 
assistance for enrollment in, graduate and professional pro-
grams; and 
‘‘(6) activities designed to assist students enrolled in two- 
year institutions of higher education in applying for admission 
to, and obtaining financial assistance for enrollment in, a four- 
year program of postsecondary education. 
‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this sec-
tion may provide services such as— 
‘‘(1) individualized counseling for personal, career, and aca-
demic matters provided by assigned counselors; 
‘‘(2) information, activities, and instruction designed to 
acquaint students participating in the project with the range 
of career options available to the students; 
‘‘(3) exposure to cultural events and academic programs 
not usually available to disadvantaged students; 
‘‘(4) mentoring programs involving faculty or upper class 
students, or a combination thereof; 
‘‘(5) securing temporary housing during breaks in the aca-
demic year for— 
‘‘(A) students who are homeless children and youths 
(as such term is defined in section 725 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were 
formerly homeless children and youths; and 
‘‘(B) students who are in foster care or are aging out 
of the foster care system; and 
‘‘(6) programs and activities as described in subsection (b) 
or paragraphs (1) through (4) of this subsection that are spe-
cially designed for students who are limited English proficient, 
students from groups that are traditionally underrepresented 
in postsecondary education, students with disabilities, students 
who are homeless children and youths (as such term is defined 
in section 725 of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a)), students who are in foster care or 
are aging out of the foster care system, or other disconnected 
students.’’;
H. R. 4137—126 
(4) in subsection (d)(1) (as redesignated by paragraph (2)), 
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 
(5) in the matter preceding paragraph (1) of subsection 
(e) (as redesignated by paragraph (2)), by striking ‘‘student 
support services projects under this chapter’’ and inserting 
‘‘projects under this section’’. 
(e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.— 
Section 402E (20 U.S.C. 1070a–15) is amended— 
(1) in subsection (b)— 
(A) in the subsection heading, by inserting ‘‘REQUIRED’’ 
before ‘‘SERVICES’’; 
(B) in the matter preceding paragraph (1), by striking 
‘‘A postbaccalaureate achievement project assisted under 
this section may provide services such as—’’ and inserting 
‘‘A project assisted under this section shall provide—’’; 
(C) in paragraph (5), by inserting ‘‘and’’ after the semi-
colon; 
(D) in paragraph (6), by striking the semicolon and 
inserting a period; and 
(E) by striking paragraphs (7) and (8); 
(2) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively; 
(3) by inserting after subsection (b) the following: 
‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this sec-
tion may provide services such as— 
‘‘(1) education or counseling services designed to improve 
the financial literacy and economic literacy of students, 
including financial planning for postsecondary education; 
‘‘(2) mentoring programs involving faculty members at 
institutions of higher education, students, or any combination 
of such persons; and 
‘‘(3) exposure to cultural events and academic programs 
not usually available to disadvantaged students.’’; 
(4) in subsection (d) (as redesignated by paragraph (2))— 
(A) in the matter preceding paragraph (1), by striking 
‘‘postbaccalaureate achievement’’; and 
(B) in paragraph (2), by inserting after ‘‘graduate edu-
cation’’ the following: ‘‘, including— 
‘‘(A) Alaska Natives, as defined in section 7306 of the 
Elementary and Secondary Education Act of 1965; 
‘‘(B) Native Hawaiians, as defined in section 7207 of 
such Act; and 
‘‘(C) Native American Pacific Islanders, as defined in 
section 320.’’; 
(5) in the matter preceding paragraph (1) of subsection 
(f) 
(as 
redesignated 
by 
paragraph 
(2)), 
by 
striking 
‘‘postbaccalaureate achievement project’’ and inserting ‘‘project 
under this section’’; and 
(6) in subsection (g) (as redesignated by paragraph (2))— 
(A) by striking ‘‘402A(f)’’ and inserting ‘‘402A(g)’’; and 
(B) by striking ‘‘1993 through 1997’’ and inserting 
‘‘2009 through 2014’’. 
(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 402F (20 
U.S.C. 1070a–16) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘and’’ after the semi-
colon;
H. R. 4137—127 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) to improve the financial literacy and economic literacy 
of students, including— 
‘‘(A) basic personal income, household money manage-
ment, and financial planning skills; and 
‘‘(B) basic economic decisionmaking skills.’’; and 
(2) in subsection (b)— 
(A) by redesignating paragraphs (5) through (10) as 
paragraphs (6) through (11), respectively; 
(B) by inserting after paragraph (4) the following: 
‘‘(5) education or counseling services designed to improve 
the financial literacy and economic literacy of students;’’; 
(C) by striking paragraph (7) (as redesignated by 
subparagraph (A)) and inserting the following: 
‘‘(7) individualized personal, career, and academic coun-
seling;’’; and 
(D) by striking paragraph (11) (as redesignated by 
subparagraph (A)) and inserting the following: 
‘‘(11) programs and activities as described in paragraphs 
(1) through (10) that are specially designed for students who 
are limited English proficient, students from groups that are 
traditionally underrepresented in postsecondary education, stu-
dents with disabilities, students who are homeless children 
and youths (as such term is defined in section 725 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), 
students who are in foster care or are aging out of the foster 
care system, or other disconnected students.’’. 
(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 who are limited English pro-
ficient, students from groups that are traditionally underrep-
resented in postsecondary education, students with disabilities, 
students who are homeless children and youths (as such term 
is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)), students who are in foster 
care or are aging out of the foster care system, or other discon-
nected students.’’. 
(h) REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVE-
MENT
AND DISSEMINATION.—Section 402H (20 U.S.C. 1070a–18) 
is amended— 
(1) by striking the section heading and inserting ‘‘REPORTS, 
EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND 
DISSEMINATION.’’; 
(2) by redesignating subsections (a) through (c) as sub-
sections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redesignated by 
paragraph (2)) the following: 
‘‘(a) REPORTS TO THE AUTHORIZING COMMITTEES.— 
‘‘(1) IN GENERAL.—The Secretary shall submit annually, 
to the authorizing committees, a report that documents the 
performance of all programs funded under this chapter. Such 
report shall—
H. R. 4137—128 
‘‘(A) be submitted not later than 12 months after the 
eligible entities receiving funds under this chapter are 
required to report their performance to the Secretary; 
‘‘(B) focus on the programs’ performance on the rel-
evant outcome criteria determined under section 402A(f)(4); 
‘‘(C) aggregate individual project performance data on 
the outcome criteria in order to provide national perform-
ance data for each program; 
‘‘(D) include, when appropriate, descriptive data, multi- 
year data, and multi-cohort data; and 
‘‘(E) include comparable data on the performance 
nationally of low-income students, first-generation stu-
dents, and students with disabilities. 
‘‘(2) INFORMATION.—The Secretary shall provide, with each 
report submitted under paragraph (1), information on the 
impact of the secondary review process described in section 
402A(c)(8)(C)(iv), including the number and type of secondary 
reviews, the disposition of the secondary reviews, the effect 
on timing of awards, and any other information the Secretary 
determines is necessary.’’; and 
(4) in subsection (b) (as redesignated by paragraph (2)), 
by striking paragraphs (1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION OF GRANTS AND CONTRACTS.—For 
the purpose of improving the effectiveness of the programs 
and projects assisted under this chapter, the Secretary 
shall make grants to, or enter into contracts with, institu-
tions of higher education and other public and private 
institutions and organizations to rigorously evaluate the 
effectiveness of the programs and projects assisted under 
this chapter, including a rigorous evaluation of the pro-
grams and projects assisted under section 402C. The 
evaluation of the programs and projects assisted under 
section 402C shall be implemented not later than June 
30, 2010. 
‘‘(B) CONTENT OF UPWARD BOUND EVALUATION.—The 
evaluation of the programs and projects assisted under 
section 402C that is described in subparagraph (A) shall 
examine the characteristics of the students who benefit 
most from the Upward Bound program under section 402C 
and the characteristics of the programs and projects that 
most benefit students. 
‘‘(C) IMPLEMENTATION.—Each evaluation described in 
this paragraph shall be implemented in accordance with 
the requirements of this section. 
‘‘(2) PRACTICES.— 
‘‘(A) IN GENERAL.—The evaluations described in para-
graph (1) shall identify institutional, community, and pro-
gram or project practices that are effective in— 
‘‘(i) enhancing the access of low-income individuals 
and first-generation college students to postsecondary 
education; 
‘‘(ii) the preparation of such individuals and stu-
dents for postsecondary education; and 
‘‘(iii) fostering the success of the individuals and 
students in postsecondary education.
H. R. 4137—129 
‘‘(B) PRIMARY
PURPOSE.—Any evaluation conducted 
under this chapter shall have as the evaluation’s primary 
purpose the identification of particular practices that fur-
ther the achievement of the outcome criteria determined 
under section 402A(f)(4). 
‘‘(C) 
DISSEMINATION
AND
USE
OF
EVALUATION 
FINDINGS.—The Secretary shall disseminate to eligible enti-
ties and make available to the public the practices identi-
fied under subparagraph (B). The practices may be used 
by eligible entities that receive assistance under this 
chapter after the dissemination. 
‘‘(3) SPECIAL
RULE
RELATED
TO
EVALUATION
PARTICIPA-
TION.—The Secretary shall not require an eligible entity, as 
a condition for receiving, or that receives, assistance under 
any program or project under this chapter to participate in 
an evaluation under this section that— 
‘‘(A) requires the eligible entity to recruit additional 
students beyond those the program or project would nor-
mally recruit; or 
‘‘(B) results in the denial of services for an eligible 
student under the program or project. 
‘‘(4) CONSIDERATION.—When designing an evaluation under 
this subsection, the Secretary shall continue to consider— 
‘‘(A) the burden placed on the program participants 
or the eligible entity; and 
‘‘(B) whether the evaluation meets generally accepted 
standards of institutional review boards.’’. 
SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDER-
GRADUATE PROGRAMS. 
(a) EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM 
AUTHORIZED.—Section 404A (20 U.S.C. 1070a–21) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized, in 
accordance with the requirements of this chapter, to establish a 
program that encourages eligible entities to provide support, and 
maintain a commitment, to eligible low-income students, including 
students with disabilities, to assist the students in obtaining a 
secondary school diploma (or its recognized equivalent) and to pre-
pare for and succeed in postsecondary education, by providing— 
‘‘(1) financial assistance, academic support, additional coun-
seling, mentoring, outreach, and supportive services to sec-
ondary school students, including students with disabilities, 
to reduce— 
‘‘(A) the risk of such students dropping out of school; 
or 
‘‘(B) the need for remedial education for such students 
at the postsecondary level; and 
‘‘(2) information to students and their families about the 
advantages of obtaining a postsecondary education and, college 
financing options for the students and their families.’’; 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following: 
‘‘(2) AWARD PERIOD.—The Secretary may award a grant 
under this chapter to an eligible entity described in paragraphs 
(1) and (2) of subsection (c) for— 
‘‘(A) six years; or
H. R. 4137—130 
‘‘(B) in the case of an eligible entity that applies for 
a grant under this chapter for seven years to enable the 
eligible entity to provide services to a student through 
the student’s first year of attendance at an institution 
of higher education, seven 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 enactment of 
the Higher Education Opportunity Act, carried out 
successful educational opportunity programs under this 
chapter (as this chapter was in effect on such day); 
and 
‘‘(ii) have a prior, demonstrated commitment 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 enactment of the Higher 
Education Opportunity Act continue to receive assistance 
through the completion of secondary school.’’; and 
(3) in subsection (c), by striking paragraph (2) and inserting 
the following: 
‘‘(2) a partnership— 
‘‘(A) consisting of— 
‘‘(i) one or more local educational agencies; and 
‘‘(ii) one or more degree granting institutions of 
higher education; and 
‘‘(B) which may include not less than two other commu-
nity organizations or entities, such as businesses, profes-
sional organizations, State agencies, institutions or agen-
cies sponsoring programs authorized under subpart 4, or 
other public or private agencies or organizations.’’. 
(b) REQUIREMENTS.—Section 404B (20 U.S.C. 1070a–22) is 
amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) FUNDING RULES.—In awarding grants from the amount 
appropriated under section 404H for a fiscal year, the Secretary 
shall make available— 
‘‘(1) to eligible entities described in section 404A(c)(1), not 
less than 33 percent of such amount; 
‘‘(2) to eligible entities described in section 404A(c)(2), not 
less than 33 percent of such amount; and 
‘‘(3) to eligible entities described in paragraph (1) or (2) 
of section 404A(c), the remainder of such amount taking into 
consideration the number, quality, and promise of the applica-
tions for the grants, and, to the extent practicable— 
‘‘(A) the geographic distribution of such grant awards; 
and 
‘‘(B) the distribution of such grant awards between 
urban and rural applicants.’’; 
(2) by striking subsections (b), (e), and (f); 
(3) by redesignating subsections (c), (d), and (g), as sub-
sections (b), (c), and (d), respectively; 
(4) in subsection (d)(1) (as redesignated by paragraph (3))— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
(B) in subparagraph (B)—
H. R. 4137—131 
(i) by inserting ‘‘and provide the option of contin-
ued services through the student’s first year of attend-
ance at an institution of higher education to the extent 
the provision of such services was described in the 
eligible entity’s application for assistance under this 
chapter’’ 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 subpara-
graph: 
‘‘(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.’’; 
and 
(5) by adding at the end the following: 
‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds awarded under 
this chapter shall be used to supplement, and not supplant, other 
Federal, State, and local funds that would otherwise be expended 
to carry out activities assisted under this chapter.’’. 
(c) APPLICATION.—Section 404C (20 U.S.C. 1070a–23) is 
amended— 
(1) in the section heading, by striking ‘‘ELIGIBLE ENTITY 
PLANS’’ and inserting ‘‘APPLICATIONS’’; 
(2) in subsection (a)— 
(A) in the subsection heading, by striking ‘‘PLAN’’ and 
inserting ‘‘APPLICATION’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘a plan’’ and inserting ‘‘an applica-
tion’’; and 
(ii) by striking the second sentence; and 
(C) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) CONTENTS.—Each application submitted pursuant to 
paragraph (1) shall be in such form, contain or be accompanied 
by such information or assurances, and be submitted at such 
time as the Secretary may reasonably require. Each such 
application shall, at a minimum— 
‘‘(A) describe the activities for which assistance under 
this chapter is sought, including how the eligible entity 
will carry out the required activities described in section 
404D(a); 
‘‘(B) describe, in the case of an eligible entity described 
in section 404A(c)(2) that chooses to provide scholarships, 
or an eligible entity described in section 404A(c)(1), how 
the eligible entity will meet the requirements of section 
404E; 
‘‘(C) describe, in the case of an eligible entity described 
in section 404A(c)(2) that requests a reduced match 
percentage under subsection (b)(2), how such reduction will 
assist the entity to provide the scholarships described in 
subsection (b)(2)(A)(ii); 
‘‘(D) provide assurances that adequate administrative 
and support staff will be responsible for coordinating the 
activities described in section 404D; 
‘‘(E) provide assurances that activities assisted under 
this chapter will not displace an employee or eliminate 
a position at a school assisted under this chapter, including
H. R. 4137—132 
a partial displacement such as a reduction in hours, wages, 
or employment benefits; 
‘‘(F) describe, in the case of an eligible entity described 
in section 404A(c)(1) that chooses to use a cohort approach, 
or an eligible entity described in section 404A(c)(2), how 
the eligible entity will define the cohorts of the students 
served by the eligible entity pursuant to section 404B(d), 
and how the eligible entity will serve the cohorts through 
grade 12, including— 
‘‘(i) how vacancies in the program under this 
chapter will be filled; and 
‘‘(ii) how the eligible entity will serve students 
attending different secondary schools; 
‘‘(G) describe how the eligible entity will coordinate 
programs under this chapter with other existing Federal, 
State, or local programs to avoid duplication and maximize 
the number of students served; 
‘‘(H) provide such additional assurances as the Sec-
retary determines necessary to ensure compliance with the 
requirements of this chapter; 
‘‘(I) provide information about the activities that will 
be carried out by the eligible entity to support systemic 
changes from which future cohorts of students will benefit; 
and 
‘‘(J) describe the sources of matching funds that will 
enable the eligible entity to meet the matching requirement 
described in subsection (b).’’; 
(3) in subsection (b)— 
(A) in the matter preceding subparagraph (A) of para-
graph (1)— 
(i) by striking ‘‘a plan’’ and inserting ‘‘an applica-
tion’’; and 
(ii) by striking ‘‘such plan’’ and inserting ‘‘such 
application’’; 
(B) in paragraph (1)(A), by inserting ‘‘and may be 
accrued over the full duration of the grant award period, 
except that the eligible entity shall make substantial 
progress towards meeting the matching requirement in 
each year of the grant award period’’ after ‘‘in cash or 
in-kind’’; and 
(C) in paragraph (2), by adding at the end the following 
new sentence: ‘‘The Secretary may approve an eligible 
entity’s request for a reduced match percentage— 
‘‘(A) at the time of application— 
‘‘(i) if the eligible entity demonstrates significant 
economic hardship that precludes the eligible entity 
from meeting the matching requirement; or 
‘‘(ii) if the eligible entity is described in section 
404A(c)(2) and requests that contributions to the 
eligible entity’s scholarship fund established under sec-
tion 404E be matched on a two to one basis; or 
‘‘(B) in response to a petition by an eligible entity 
subsequent to a grant award under this section if the 
eligible entity demonstrates that the matching funds 
described in its application are no longer available and 
the eligible entity has exhausted all revenues for replacing 
such matching funds.’’; and
H. R. 4137—133 
(4) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘paid to students from State, local, 
institutional, or private funds under this chapter’’ and 
inserting ‘‘obligated to students from State, local, 
institutional, or private funds under this chapter, 
including pre-existing non-Federal financial assistance 
programs,’’; and 
(ii) by striking the semicolon at the end and 
inserting ‘‘including— 
‘‘(A) the amount contributed to a student scholarship 
fund established under section 404E; and 
‘‘(B) the amount of the costs of administering the schol-
arship program under section 404E;’’; 
(B) in paragraph (2), by striking ‘‘and’’ after the semi-
colon; 
(C) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) other resources recognized by the Secretary, including 
equipment and supplies, cash contributions from non-Federal 
sources, transportation expenses, in-kind or discounted program 
services, indirect costs, and facility usage.’’. 
(d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) is amended 
to read as follows: 
‘‘SEC. 404D. ACTIVITIES. 
‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity receiving a 
grant under this chapter shall provide comprehensive mentoring, 
outreach, and supportive services to students participating in the 
programs under this chapter. Such activities shall include the fol-
lowing: 
‘‘(1) Providing information regarding financial aid for post-
secondary education to participating students in the cohort 
described in section 404B(d)(1)(A) or to priority students 
described in subsection (d). 
‘‘(2) Encouraging student enrollment in rigorous and chal-
lenging curricula and coursework, in order to reduce the need 
for remedial coursework at the postsecondary level. 
‘‘(3) Improving the number of participating students who— 
‘‘(A) obtain a secondary school diploma; and 
‘‘(B) complete applications for and enroll in a program 
of postsecondary education. 
‘‘(4) In the case of an eligible entity described in section 
404A(c)(1), providing for the scholarships described in section 
404E. 
‘‘(b) PERMISSIBLE ACTIVITIES FOR STATES AND PARTNERSHIPS.— 
An eligible entity that receives a grant under this chapter may 
use grant funds to carry out one or more of the following activities: 
‘‘(1) Providing tutors and mentors, who may include adults 
or former participants of a program under this chapter, for 
eligible students. 
‘‘(2) Conducting outreach activities to recruit priority stu-
dents described in subsection (d) to participate in program 
activities. 
‘‘(3) Providing supportive services to eligible students.
H. R. 4137—134 
‘‘(4) Supporting the development or implementation of rig-
orous academic curricula, which may include college pre-
paratory, Advanced Placement, or International Baccalaureate 
programs, and providing participating students access to rig-
orous core academic courses that reflect challenging State aca-
demic standards. 
‘‘(5) Supporting dual or concurrent enrollment programs 
between the secondary school and institution of higher edu-
cation partners of an eligible entity described in section 
404A(c)(2), and other activities that support participating stu-
dents in— 
‘‘(A) meeting challenging State academic standards; 
‘‘(B) successfully applying for postsecondary education; 
‘‘(C) successfully applying for student financial aid; 
and 
‘‘(D) developing graduation and career plans. 
‘‘(6) Providing special programs or tutoring in science, tech-
nology, engineering, or mathematics. 
‘‘(7) In the case of an eligible entity described in section 
404A(c)(2), providing support for scholarships described in sec-
tion 404E. 
‘‘(8) Introducing eligible students to institutions of higher 
education, through trips and school-based sessions. 
‘‘(9) Providing an intensive extended school day, school 
year, or summer program that offers— 
‘‘(A) additional academic classes; or 
‘‘(B) assistance with college admission applications. 
‘‘(10) Providing other activities designed to ensure sec-
ondary school completion and postsecondary education enroll-
ment of at-risk children, such as— 
‘‘(A) the identification of at-risk children; 
‘‘(B) after-school and summer tutoring; 
‘‘(C) assistance to at-risk children in obtaining summer 
jobs; 
‘‘(D) academic counseling; 
‘‘(E) financial literacy and economic literacy education 
or counseling; 
‘‘(F) volunteer and parent involvement; 
‘‘(G) encouraging former or current participants of a 
program under this chapter to serve as peer counselors; 
‘‘(H) skills assessments; 
‘‘(I) personal and family counseling, and home visits; 
‘‘(J) staff development; and 
‘‘(K) programs and activities described in this sub-
section that are specially designed for students who are 
limited English proficient. 
‘‘(11) Enabling eligible students to enroll in Advanced Place-
ment or International Baccalaureate courses, or college 
entrance examination preparation courses. 
‘‘(12) Providing services to eligible students in the partici-
pating cohort described in section 404B(d)(1)(A), through the 
first year of attendance at an institution of higher education. 
‘‘(13) Fostering and improving parent and family involve-
ment in elementary and secondary education by promoting 
the advantages of a college education, and emphasizing aca-
demic admission requirements and the need to take college
H. R. 4137—135 
preparation courses, through parent engagement and leader-
ship activities. 
‘‘(14) Disseminating information that promotes the impor-
tance of higher education, explains college preparation and 
admission requirements, and raises awareness of the resources 
and services provided by the eligible entities to eligible stu-
dents, their families, and communities. 
‘‘(15) In the event that matching funds described in the 
application are no longer available, engaging entities described 
in section 404A(c)(2) in a collaborative manner to provide 
matching resources and participate in other activities author-
ized under this section. 
‘‘(c) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In addi-
tion to the required activities described in subsection (a) and the 
permissible activities described in subsection (b), an eligible entity 
described in section 404A(c)(1) receiving funds under this chapter 
may use grant funds to carry out one or more of the following 
activities: 
‘‘(1) Providing technical assistance to— 
‘‘(A) secondary schools that are located within the 
State; or 
‘‘(B) partnerships described in section 404A(c)(2) that 
are located within the State. 
‘‘(2) Providing professional development opportunities to 
individuals working with eligible cohorts of students described 
in section 404B(d)(1)(A). 
‘‘(3) Providing administrative support to help build the 
capacity of eligible entities described in section 404A(c)(2) to 
compete for and manage grants awarded under this chapter. 
‘‘(4) Providing strategies and activities that align efforts 
in the State to prepare eligible students to attend and succeed 
in postsecondary education, which may include the development 
of graduation and career plans. 
‘‘(5) Disseminating information on the use of scientifically 
valid research and best practices to improve services for eligible 
students. 
‘‘(6)(A) Disseminating information on effective coursework 
and support services that assist students in obtaining the goals 
described in subparagraph (B)(ii). 
‘‘(B) Identifying and disseminating information on best 
practices with respect to— 
‘‘(i) increasing parental involvement; and 
‘‘(ii) preparing students, including students with 
disabilities and students who are limited English proficient, 
to succeed academically in, and prepare financially for, 
postsecondary education. 
‘‘(7) Working to align State academic standards and cur-
ricula with the expectations of postsecondary institutions and 
employers. 
‘‘(8) Developing alternatives to traditional secondary school 
that give students a head start on attaining a recognized post-
secondary credential (including an industry-recognized certifi-
cate, an apprenticeship, or an associate’s or a bachelor’s degree), 
including school designs that give students early exposure to 
college-level courses and experiences and allow students to 
earn transferable college credits or an associate’s degree at 
the same time as a secondary school diploma.
H. R. 4137—136 
‘‘(9) Creating community college programs for drop-outs 
that are personalized drop-out recovery programs that allow 
drop-outs to complete a regular secondary school diploma and 
begin college-level work. 
‘‘(d) PRIORITY STUDENTS.—For eligible entities not using a 
cohort approach, the eligible entity shall treat as a priority student 
any student in secondary school who is— 
‘‘(1) eligible to be counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965; 
‘‘(2) eligible for assistance under a State program funded 
under part A or E of title IV of the Social Security Act (42 
U.S.C. 601 et seq., 670 et seq.); 
‘‘(3) eligible for assistance under subtitle B of title VII 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431 et seq.); or 
‘‘(4) otherwise considered by the eligible entity to be a 
disconnected student. 
‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible entities 
described in section 404A(c)(1), the activities required by this section 
may be provided by service providers such as community-based 
organizations, schools, institutions of higher education, public and 
private 
agencies, 
nonprofit 
and 
philanthropic 
organizations, 
businesses, institutions and agencies sponsoring programs author-
ized under subpart 4, and other organizations the State determines 
appropriate.’’. 
(e) SCHOLARSHIP COMPONENT.—Section 404E (20 U.S.C. 1070a– 
25) is amended— 
(1) by striking subsections (e) and (f); 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (f), and (g), respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(b) LIMITATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), each eligible 
entity described in section 404A(c)(1) that receives a grant 
under this chapter shall use not less than 25 percent and 
not more than 50 percent of the grant funds for activities 
described in section 404D (except for the activity described 
in subsection (a)(4) of such section), with the remainder of 
such funds to be used for a scholarship program under this 
section in accordance with such subsection. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Sec-
retary may allow an eligible entity to use more than 50 percent 
of grant funds received under this chapter for such activities, 
if the eligible entity demonstrates that the eligible entity has 
another means of providing the students with the financial 
assistance described in this section and describes such means 
in the application submitted under section 404C. 
‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible entity pro-
viding scholarships under this section shall provide information 
on the eligibility requirements for the scholarships to all partici-
pating students upon the students’ entry into the programs assisted 
under this chapter.’’; 
(4) in subsection (d) (as redesignated by paragraph (2)), 
by striking ‘‘the lesser of’’ and all that follows through the 
period at the end of paragraph (2) of such subsection (d) and 
inserting ‘‘the minimum Federal Pell Grant award under sec-
tion 401 for such award year.’’;
H. R. 4137—137 
(5) by inserting after subsection (d) (as redesignated by 
paragraph (2) and amended by paragraph (4)) the following: 
‘‘(e) PORTABILITY OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—Each eligible entity described in section 
404A(c)(1) that receives a grant under this chapter shall hold 
in reserve, for the students served by such grant as described 
in section 404B(d)(1)(A) or 404D(d), an amount that is not 
less than the minimum scholarship amount described in sub-
section (d), multiplied by the number of students the eligible 
entity estimates will meet the requirements of paragraph (2). 
‘‘(2) REQUIREMENT
FOR
PORTABILITY.—Funds held in 
reserve under paragraph (1) shall be made available to an 
eligible student when the eligible student has— 
‘‘(A) completed a secondary school diploma, its recog-
nized 
equivalent, 
or 
another 
recognized 
alternative 
standard for individuals with disabilities; and 
‘‘(B) enrolled in an institution of higher education. 
‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.—Funds available 
to an eligible student under this subsection may be used for— 
‘‘(A) tuition, fees, books, supplies, and equipment 
required for the enrollment or attendance of the eligible 
student at an institution of higher education; and 
‘‘(B) in the case of an eligible student with special 
needs, expenses for special needs services that are incurred 
in connection with such enrollment or attendance. 
‘‘(4) RETURN OF FUNDS.— 
‘‘(A) REDISTRIBUTION.— 
‘‘(i) IN
GENERAL.—Funds held in reserve under 
paragraph (1) that are not used by an eligible student 
within six years of the student’s scheduled completion 
of secondary school may be redistributed by the eligible 
entity to other eligible students. 
‘‘(ii) RETURN OF EXCESS TO THE SECRETARY.—If, 
after meeting the requirements of paragraph (1) and, 
if applicable, redistributing excess funds in accordance 
with clause (i) of this subparagraph, an eligible entity 
has funds held in reserve under paragraph (1) that 
remain available, the eligible entity shall return such 
remaining reserved funds to the Secretary for distribu-
tion to other grantees under this chapter in accordance 
with the funding rules described in section 404B(a). 
‘‘(B) 
NONPARTICIPATING
ENTITY.—Notwithstanding 
subparagraph (A), in the case of an eligible entity that 
does not receive assistance under this subpart for six fiscal 
years, the eligible entity shall return any funds held in 
reserve under paragraph (1) that are not awarded or obli-
gated to eligible students to the Secretary for distribution 
to other grantees under this chapter.’’; and 
(6) in subsection (g)(4) (as redesignated by paragraph (2)), 
by striking ‘‘early intervention component required under sec-
tion 404D’’ and inserting ‘‘activities required under section 
404D(a)’’. 
(f) 21ST CENTURY SCHOLAR CERTIFICATES.—Section 404F (20 
U.S.C. 1070a–26) is amended by striking subsections (a) and (b) 
and inserting the following: 
‘‘(a) IN GENERAL.—An eligible entity that receives a grant under 
this chapter shall provide certificates, to be known as 21st Century
H. R. 4137—138 
Scholar Certificates, to all students served by the eligible entity 
who are participating in a program under this chapter. 
‘‘(b) INFORMATION REQUIRED.—A 21st Century Scholar Certifi-
cate shall be personalized for each student and indicate the amount 
of Federal financial aid for college and the estimated amount of 
any scholarship provided under section 404E, if applicable, that 
a student may be eligible to receive.’’. 
(g) EVALUATION.—Section 404G(c) (20 U.S.C. 1070a–27(c)) is 
amended by adding at the end the following: ‘‘Such evaluation 
shall include a separate analysis of— 
‘‘(1) the implementation of the scholarship component 
described in section 404E; and 
‘‘(2) the use of methods for complying with matching 
requirements described in paragraphs (1) and (2) of section 
404C(c).’’. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—Section 404H (20 
U.S.C. 1070a–28) is amended by striking ‘‘$200,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘$400,000,000 for fiscal year 2009 and such sums as may be nec-
essary for each of the five succeeding fiscal years.’’. 
SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS. 
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a– 
31 et seq.) is repealed. 
SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 
GRANTS. 
(a) APPROPRIATIONS
AUTHORIZED.—Section 413A(b)(1) (20 
U.S.C. 1070b(b)(1)) is amended by striking ‘‘$675,000,000 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 five succeeding fiscal years.’’. 
(b) 
ALLOWANCE
FOR
BOOKS
AND
SUPPLIES.—Section 
413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is amended by striking 
‘‘$450’’ and inserting ‘‘$600’’. 
(c) TECHNICAL CORRECTION.—Section 413D(a)(1) (20 U.S.C. 
1070b–3(a)(1)) is amended by striking ‘‘such institution’’ and all 
that follows through the period and inserting ‘‘such institution 
received under subsections (a) and (b) of this section for fiscal 
year 1999 (as such subsections were in effect with respect to alloca-
tions for such fiscal year).’’. 
SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP 
PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 415A(b) (20 
U.S.C. 1070c(b)) is amended by striking paragraphs (1) and (2) 
and inserting the following: 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart $200,000,000 for fiscal year 2009 
and such sums as may be necessary for each of the five suc-
ceeding fiscal years. 
‘‘(2) RESERVATION.—For any fiscal year for which the 
amount appropriated under paragraph (1) exceeds $30,000,000, 
the excess amount shall be available to carry out section 415E.’’. 
(b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is 
amended— 
(1) in paragraph (2), by striking ‘‘not in excess of $5,000 
per academic year’’ and inserting ‘‘not to exceed the lesser
H. R. 4137—139 
of $12,500 or the student’s cost of attendance per academic 
year’’; and 
(2) in paragraph (9), by striking ‘‘and’’ after the semicolon; 
(3) in paragraph (10)— 
(A) by striking ‘‘a direct appropriation of’’; and 
(B) 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, the State, 
and, where applicable, other contributing partners.’’. 
(c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 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 institutions 
of higher education, early information and intervention, men-
toring, or outreach programs, private corporations, philan-
thropic organizations, and other interested parties, including 
community-based organizations, in order to— 
‘‘(A) carry out activities under this section; and 
‘‘(B) provide coordination and cohesion among Federal, 
State, and local governmental and private efforts that pro-
vide financial assistance to help low-income students attend 
an institution of higher education; 
‘‘(2) provide need-based grants for access and persistence 
to eligible low-income students; 
‘‘(3) provide early notification to low-income students of 
the students’ 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 reserved under sec-
tion 415A(b)(2) for each fiscal year, the Secretary shall 
make an allotment to each State that submits an applica-
tion for an allotment in accordance with subsection (c) 
to enable the State to pay the Federal share, as described 
in paragraph (2), of the cost of carrying out the activities 
under subsection (d). 
‘‘(B) DETERMINATION OF ALLOTMENT.—In making allot-
ments under subparagraph (A), the Secretary shall consider 
the following: 
‘‘(i) CONTINUATION OF AWARD.—If a State continues 
to meet the specifications established in such State’s 
application under subsection (c), the Secretary shall 
make an allotment to such State that is not less than 
the allotment made to such State for the previous 
fiscal year.
H. R. 4137—140 
‘‘(ii) PRIORITY.—The Secretary shall give priority 
in making allotments to States that meet the require-
ments described in 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 exceed 66.66 percent. 
‘‘(B) DIFFERENT
PERCENTAGES.—The Federal share 
under this section shall be determined in accordance with 
the following: 
‘‘(i) The Federal share of the cost of carrying out 
the activities under subsection (d) shall be 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 enrollment represents less than a 
majority of all 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 66.66 per-
cent 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 enrollment represents a 
majority of all 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. 
‘‘(C) NON-FEDERAL SHARE.— 
‘‘(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 subpara-
graph, an in-kind contribution is a non-cash contribu-
tion 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 attend-
ance at an institution of higher education. 
‘‘(iii) EFFECT ON NEED 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.—
H. R. 4137—141 
‘‘(A) SUBMISSION.—A State that desires to receive an 
allotment under this section on behalf of a partnership 
described in paragraph (3) shall submit an application to 
the Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(B) 
CONTENT.—An 
application 
submitted 
under 
subparagraph (A) shall include the following: 
‘‘(i) A description of the State’s plan for using 
the allotted funds. 
‘‘(ii) An assurance that the State will provide 
matching funds, in cash or in kind, from State, institu-
tional, philanthropic, or private funds, of not less than 
33.33 percent of the cost of carrying out the activities 
under subsection (d). The State shall specify the 
methods by which matching funds will be paid. A State 
that uses non-Federal funds to create or expand part-
nerships with entities described in subsection (a)(1), 
in which such entities match State funds for student 
scholarships, may apply such matching funds from 
such entities toward fulfilling the State’s matching 
obligation under this clause. 
‘‘(iii) An assurance that the State will use funds 
provided under this section to supplement, and not 
supplant, Federal and State funds available for car-
rying out the activities under this title. 
‘‘(iv) An assurance that early information and 
intervention, mentoring, or outreach programs exist 
within the State or that there is a plan to make such 
programs widely available. 
‘‘(v) A description of the organizational structure 
that the State has in place to administer the activities 
under subsection (d), including a description of how 
the State will compile information on degree comple-
tion of students receiving grants under this section. 
‘‘(vi) A description of the steps the State will take 
to ensure that students who receive grants under this 
section persist to degree completion. 
‘‘(vii) An assurance that the State has a method 
in place, such as acceptance of the automatic zero 
expected family contribution determination described 
in section 479(c), to identify eligible low-income stu-
dents and award State grant aid to such students. 
‘‘(viii) An assurance that the State will provide 
notification to eligible low-income students that grants 
under this section are— 
‘‘(I) Leveraging Educational Assistance Part-
nership Grants; and 
‘‘(II) funded by the Federal Government and 
the State, and, where applicable, other contrib-
uting partners. 
‘‘(2) STATE AGENCY.—The State agency that submits an 
application for a State under section 415C(a) shall be the same 
State agency that submits an application under paragraph 
(1) for such State. 
‘‘(3) PARTNERSHIP.—In applying for an allotment under this 
section, the State agency shall apply for the allotment in part-
nership with—
H. R. 4137—142 
‘‘(A) not less than one public and one private degree- 
granting institution of higher education that are located 
in the State, if applicable; 
‘‘(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 
‘‘(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 part-
nership receiving an allotment under this section— 
‘‘(i) shall— 
‘‘(I) serve as the primary administrative unit 
for the partnership; 
‘‘(II) provide or coordinate non-Federal share 
funds, and coordinate activities among partners; 
‘‘(III) encourage each institution of higher edu-
cation in the State to participate in the partner-
ship; 
‘‘(IV) make determinations and early notifica-
tions of assistance as described under subsection 
(d)(2); and 
‘‘(V) annually report to the Secretary on the 
partnership’s progress in meeting the purpose of 
this section; and 
‘‘(ii) may provide early information and interven-
tion, mentoring, or outreach programs. 
‘‘(B) DEGREE-GRANTING INSTITUTIONS OF HIGHER EDU-
CATION.—A degree-granting institution of higher education 
that is in a partnership receiving an allotment under this 
section— 
‘‘(i) shall— 
‘‘(I) recruit and admit participating 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 grants for access and persistence 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 
notifications of assistance as agreed to with the 
State agency; and 
‘‘(ii) may provide funding for early information and 
intervention, mentoring, or outreach programs or pro-
vide such services directly. 
‘‘(C) PROGRAMS.—An early information and interven-
tion, mentoring, or outreach program that is in a partner-
ship receiving an allotment under this section shall provide 
direct services, support, and information to participating 
students. 
‘‘(D) PHILANTHROPIC ORGANIZATION OR PRIVATE COR-
PORATION.—A philanthropic organization or private cor-
poration that is in a partnership receiving an allotment
H. R. 4137—143 
under this section shall provide funds for grants for access 
and persistence for participating students, or provide funds 
or support for early information and intervention, men-
toring, or outreach programs. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTABLISHMENT
OF
PARTNERSHIP.—Each State 
receiving an allotment under this section shall use the 
funds to establish a partnership to award grants for access 
and persistence to eligible low-income students in order 
to increase the amount of financial assistance such students 
receive under this subpart for undergraduate education 
expenses. 
‘‘(B) AMOUNT OF GRANTS.—The amount of a grant for 
access and persistence awarded by a State to a student 
under this section shall be not less than— 
‘‘(i) the average undergraduate tuition and manda-
tory fees at the public institutions of higher education 
in the State where the student resides that are of 
the same type of institution as the institution of higher 
education the student attends; minus 
‘‘(ii) other Federal and State aid the student 
receives. 
‘‘(C) SPECIAL RULES.— 
‘‘(i) PARTNERSHIP INSTITUTIONS.—A State receiving 
an allotment under this section may restrict the use 
of grants for access and persistence under this section 
by awarding the grants only to students attending 
institutions of higher education that are participating 
in the partnership. 
‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a State pro-
vides grants through another program under this sub-
part to students attending institutions of higher edu-
cation located in another State, grants awarded under 
this section may be used at institutions of higher edu-
cation located in another State. 
‘‘(2) EARLY NOTIFICATION.— 
‘‘(A) IN GENERAL.—Each State receiving an allotment 
under this section shall annually notify low-income stu-
dents in grades seven through 12 in the State, and their 
families, of their potential eligibility for student financial 
assistance, including an access and persistence grant, to 
attend an institution of higher education. 
‘‘(B) CONTENT OF NOTICE.—The notice under subpara-
graph (A)— 
‘‘(i) shall include— 
‘‘(I) information about early information and 
intervention, mentoring, or outreach programs 
available to the student; 
‘‘(II) information that a student’s eligibility for 
a grant for access and persistence is enhanced 
through participation in an early information and 
intervention, mentoring, or outreach program; 
‘‘(III) an explanation that student and family 
eligibility for, and participation in, other Federal 
means-tested programs may indicate eligibility for