iana Islands to have greater choices among institutions of 
higher education. 
SEC. 3. PUBLIC SCHOOL GRANTS. 
(a) GRANTS.— 
(1) IN GENERAL.—From amounts appropriated 
under subsection (i), the Governor shall award 
grants to eligible institutions that enroll eligible stu-
dents to pay the difference between the tuition and 
fees charged for in-State students and the tuition 
and fees charged for out-of-State students on behalf 
of each eligible student enrolled in the eligible insti-
tution. 
(2) 
MAXIMUM
STUDENT
AMOUNTS.—The 
amount paid on behalf of an eligible student under 
this section shall be— 
(A) not more than $15,000 for any one 
award year (as defined in section 481 of the 
Higher Education Act of 1965 (20 U.S.C. 
1088)); and 
(B) not more than $75,000 in the aggre-
gate. 
(3) PRORATION.—The Governor shall prorate 
payments under this section for students who attend 
an eligible institution on less than a full-time basis. 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(b) REDUCTION
FOR
INSUFFICIENT
APPROPRIA-
TIONS.— 
(1) IN
GENERAL.—If the funds appropriated 
pursuant to subsection (i) for any fiscal year are in-
sufficient to award a grant in the amount deter-
mined under subsection (a) on behalf of each eligible 
student enrolled in an eligible institution, then the 
Governor, in consultation with the Secretary of Edu-
cation, shall— 
(A) first, ratably reduce the amount of the 
tuition and fee payment made on behalf of each 
eligible student who has not received funds 
under this section for a preceding year; and 
(B) after making reductions under sub-
paragraph (A), ratably reduce the amount of 
the tuition and fee payments made on behalf of 
all other eligible students. 
(2) ADJUSTMENTS.—The Governor, in con-
sultation with the Secretary of Education, may ad-
just the amount of tuition and fee payments made 
under paragraph (1) based on— 
(A) the financial need of the eligible stu-
dents to avoid undue hardship to the eligible 
students; or 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(B) undue administrative burdens on the 
Governor. 
(3) 
FURTHER
ADJUSTMENTS.—Notwith-
standing paragraphs (1) and (2), the Governor may 
prioritize the making or amount of tuition and fee 
payments under this subsection based on the income 
and need of eligible students. 
(c) DEFINITIONS.—In this section: 
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ means an institution that— 
(A) is a public four-year institution of 
higher education located in one of the several 
States, the District of Columbia, Puerto Rico, 
or Guam; 
(B) is eligible to participate in the student 
financial assistance programs under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.); and 
(C) enters into an agreement with the Gov-
ernor containing such conditions as the Gov-
ernor may specify, including a requirement that 
the institution use the funds made available 
under this section to supplement and not sup-
plant assistance that otherwise would be pro-
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
vided to eligible students from the Northern 
Mariana Islands. 
(2) ELIGIBLE
STUDENT.—The term ‘‘eligible 
student’’ means an individual who— 
(A) was domiciled in the Northern Mar-
iana Islands for not less than the 12 consecu-
tive months preceding the commencement of the 
freshman year at an institution of higher edu-
cation; 
(B) graduated from a secondary school in 
the Northern Mariana Islands, or received the 
recognized equivalent of a secondary school di-
ploma while domiciled in the Northern Mariana 
Islands, on or after January 1, 2008; 
(C) begins the individual’s undergraduate 
course of study within the three calendar years 
(excluding any period of service on active duty 
in the Armed Forces, or service under the 
Peace Corps Act (22 U.S.C. 2501 et seq.) or 
subtitle D of title I of the National and Com-
munity Service Act of 1990 (42 U.S.C. 12571 
et seq.)) of graduation from a secondary school, 
or obtaining the recognized equivalent of a sec-
ondary school diploma; 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(D) is enrolled or accepted for enrollment, 
on at least a half-time basis, in a baccalaureate 
degree or other program (including a program 
of study abroad approved for credit by the insti-
tution at which such student is enrolled) lead-
ing to a recognized educational credential at an 
eligible institution; 
(E) if enrolled in an eligible institution, is 
maintaining satisfactory progress in the course 
of study the student is pursuing in accordance 
with section 484(c) of the Higher Education 
Act of 1965 (20 U.S.C. 1091(c)); and 
(F) has not completed the individual’s first 
undergraduate baccalaureate course of study. 
(3) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001). 
(4) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the Commonwealth of the Northern 
Mariana Islands. 
(5) SECONDARY
SCHOOL.—The term ‘‘sec-
ondary school’’ has the meaning given that term 
under section 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801). 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(d) CONSTRUCTION.—Nothing in this Act shall be 
construed to require an institution of higher education to 
alter the institution’s admissions policies or standards in 
any manner to enable an eligible student to enroll in the 
institution. 
(e) APPLICATIONS.—Each student desiring a tuition 
payment under this section shall submit an application to 
the eligible institution at such time, in such manner, and 
accompanied by such information as the eligible institution 
may require. 
(f) ADMINISTRATION OF PROGRAM.— 
(1) IN
GENERAL.—The Governor shall carry 
out the program under this section in consultation 
with the Secretary. The Governor may enter into a 
grant, contract, or cooperative agreement with an-
other public or private entity to administer the pro-
gram under this section if the Governor determines 
that doing so is a more efficient way of carrying out 
the program. 
(2) POLICIES
AND
PROCEDURES.—The Gov-
ernor, in consultation with institutions of higher 
education eligible for participation in the program 
authorized under this section, shall develop policies 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
and procedures for the administration of the pro-
gram. 
(3) MEMORANDUM OF AGREEMENT.—The Gov-
ernor and the Secretary shall enter into a Memo-
randum of Agreement that describes— 
(A) the manner in which the Governor 
shall consult with the Secretary with respect to 
administering the program under this section; 
and 
(B) any technical or other assistance to be 
provided to the Governor by the Secretary for 
purposes of administering the program under 
this section (which may include access to the in-
formation in the common financial reporting 
form developed under section 483 of the Higher 
Education Act of 1965 (20 U.S.C. 1090)). 
(g) GOVERNOR’S REPORT.—The Governor shall re-
port to Congress annually regarding— 
(1) the number of eligible students attending 
each eligible institution and the amount of the grant 
awards paid to those institutions on behalf of the eli-
gible students; 
(2) the extent, if any, to which a ratable reduc-
tion was made in the amount of tuition and fee pay-
ments made on behalf of eligible students; and 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(3) the progress in obtaining recognized aca-
demic credentials of the cohort of eligible students 
for each year. 
(h) GAO REPORT.—Beginning on the date of the en-
actment of this Act, the Comptroller General of the United 
States shall monitor the effect of the program assisted 
under this section on educational opportunities for eligible 
students. The Comptroller General shall analyze whether 
eligible students had difficulty gaining admission to eligi-
ble institutions because of any preference afforded in- 
State residents by eligible institutions, and shall expedi-
tiously report any findings regarding such difficulty to 
Congress and the Governor. In addition the Comptroller 
General shall— 
(1) analyze the extent to which there are an in-
sufficient number of eligible institutions to which 
Northern Mariana Islands students can gain admis-
sion, including admission aided by assistance pro-
vided under this Act, due to— 
(A) caps on the number of out-of-State 
students the institution will enroll; 
(B) significant barriers imposed by aca-
demic entrance requirements (such as grade 
point average and standardized scholastic ad-
missions tests); and 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
(C) absence of admission programs benefit-
ting minority students; and 
(2) report the findings of the analysis described 
in paragraph (1) and the assessment described in 
paragraph (2) to Congress and the Governor. 
(i) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commonwealth 
of the Northern Mariana Islands to carry out this section 
$10,000,000 for each of the fiscal years 2010 through 
2015, and such sums as may be necessary for each of the 
succeeding fiscal years. Such funds shall remain available 
until expended. 
(j) EFFECTIVE DATE.—This section shall take effect 
with respect to payments for periods of instruction that 
begin on or after January 1, 2010. 
SEC. 4. GENERAL REQUIREMENTS. 
(a) PERSONNEL.—The Secretary of Education shall 
arrange for the assignment of an individual, pursuant to 
subchapter VI of chapter 33 of title 5, United States Code, 
to serve as an adviser to the Governor with respect to the 
programs assisted under this Act. 
(b) ADMINISTRATIVE
EXPENSES.—The Governor 
may use not more than 5 percent of the funds made avail-
able for a program under section 3 for a fiscal year to 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS
pay the administrative expenses of a program under sec-
tion 3 for the fiscal year. 
(c) INSPECTOR GENERAL REVIEW.—Each of the pro-
grams assisted under this Act shall be subject to audit 
and other review by the Inspector General of the Depart-
ment of Education in the same manner as programs are 
audited and reviewed under the Inspector General Act of 
1978 (5 U.S.C. App.). 
(d) GIFTS.—The Governor may accept, use, and dis-
pose of donations of services or property for purposes of 
carrying out this Act. 
(e) MAXIMUM STUDENT AMOUNT ADJUSTMENTS.— 
The Governor shall establish rules to adjust the maximum 
student amounts described in section 3(a)(2)(B) for eligi-
ble students described in section 3(c)(2) who transfer be-
tween the eligible institutions described in section 
3(c)(1)(A). 
Æ 
VerDate Nov 24 2008 
21:28 Jan 28, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6301
E:\BILLS\H4526.IH
H4526
pwalker on DSK8KYBLC1PROD with BILLS