174 
rent and future teachers are highly qualified, by carrying 
out one or more of the following activities: 
‘‘(1) Implementing reforms within teacher prep-
aration programs to ensure that such programs are 
preparing teachers who are highly qualified, are able 
to understand scientifically valid research, and are 
able to use advanced technology effectively in the 
classroom, including use for instructional techniques 
to improve student academic achievement, by— 
‘‘(A) retraining or recruiting faculty; and 
‘‘(B) designing (or redesigning) teacher 
preparation programs that— 
‘‘(i) prepare teachers to close student 
achievement gaps, are based on rigorous 
academic content, scientifically valid re-
search (including scientifically based read-
ing research), and challenging State stu-
dent academic content standards; and 
‘‘(ii) promote strong teaching skills, 
as defined in section 201(b)(22). 
‘‘(2) Providing sustained and high-quality 
preservice clinical experience, including the men-
toring of prospective teachers by exemplary teachers, 
substantially increasing interaction between faculty 
at institutions of higher education and new and ex-
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175 
perienced teachers, principals, and other administra-
tors at elementary schools or secondary schools, and 
providing support, including preparation time, for 
such interaction. 
‘‘(3) Developing and implementing initiatives to 
promote retention of highly qualified teachers and 
principals, including minority teachers and prin-
cipals, including programs that provide— 
‘‘(A) teacher or principal mentoring from 
exemplary teachers or principals; or 
‘‘(B) induction and support for teachers 
and principals during their first 3 years of em-
ployment as teachers or principals, respectively. 
‘‘(4) Awarding scholarships based on financial 
need to help students pay the costs of tuition, room, 
board, and other expenses of completing a teacher 
preparation program. 
‘‘(5) Disseminating information on effective 
practices for teacher preparation and successful 
teacher certification and licensure assessment prepa-
ration strategies. 
‘‘(6) Activities authorized under section 202. 
‘‘(c) APPLICATION.—Any eligible institution desiring 
a grant under this section shall submit an application to 
the Secretary at such a time, in such a manner, and ac-
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176 
companied by such information as the Secretary may re-
quire. 
‘‘(d) MINIMUM GRANT AMOUNT.—The minimum 
amount of each grant under this subpart shall be 
$500,000. 
‘‘(e) LIMITATION ON ADMINISTRATIVE EXPENSES.— 
An eligible institution that receives a grant under this sub-
part may not use more than 2 percent of the grant funds 
for purposes of administering the grant. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
subpart. 
‘‘Subpart 4—Teach for America 
‘‘SEC. 271. TEACH FOR AMERICA. 
‘‘(a) DEFINITIONS.— 
‘‘(1) IN
GENERAL.—The terms ‘highly quali-
fied’, ‘local educational agency’, and ‘Secretary’ have 
the meanings given the terms in section 9101 of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7801). 
‘‘(2) GRANTEE.—The term ‘grantee’ means 
Teach For America, Inc. 
‘‘(3) HIGH NEED.—The term ‘high need’, when 
used with respect to a local educational agency, 
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177 
means a local educational agency experiencing a 
shortage of highly qualified teachers. 
‘‘(b) GRANTS AUTHORIZED.—The Secretary is au-
thorized to award a grant to Teach For America, Inc., 
the national teacher corps of outstanding recent college 
graduates who commit to teach for 2 years in underserved 
communities in the United States, to implement and ex-
pand its program of recruiting, selecting, training, and 
supporting new teachers. 
‘‘(c) REQUIREMENTS.—In carrying out the grant pro-
gram under subsection (b), the Secretary shall enter into 
an agreement with the grantee under which the grantee 
agrees to use the grant funds provided under this sec-
tion— 
‘‘(1) to provide highly qualified teachers to high 
need local educational agencies in urban and rural 
communities; 
‘‘(2) to pay the cost of recruiting, selecting, 
training, and supporting new teachers; and 
‘‘(3) to serve a substantial number and percent-
age of underserved students. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN
GENERAL.—Grant funds provided 
under this section shall be used by the grantee to 
carry out each of the following activities: 
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178 
‘‘(A) Recruiting and selecting teachers 
through a highly selective national process. 
‘‘(B) Providing preservice training to the 
teachers through a rigorous summer institute 
that includes hands-on teaching experience and 
significant exposure to education course work 
and theory. 
‘‘(C) Placing the teachers in schools and 
positions designated by partner local edu-
cational agencies as high need placements serv-
ing underserved students. 
‘‘(D) Providing ongoing professional devel-
opment activities for the teachers’ first 2 years 
in the classroom, including regular classroom 
observations and feedback, and ongoing train-
ing and support. 
‘‘(2) LIMITATION.—The grantee shall use all 
grant funds received under this section to support 
activities related directly to the recruitment, selec-
tion, training, and support of teachers as described 
in subsection (a). 
‘‘(e) REPORTS AND EVALUATIONS.— 
‘‘(1) ANNUAL REPORT.—The grantee shall pro-
vide to the Secretary an annual report that in-
cludes— 
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179 
‘‘(A) data on the number and quality of 
the teachers provided to local educational agen-
cies through a grant under this section; 
‘‘(B) an externally conducted analysis of 
the satisfaction of local educational agencies 
and principals with the teachers so provided; 
and 
‘‘(C) comprehensive data on the back-
ground of the teachers chosen, the training the 
teachers received, the placement sites of the 
teachers, the professional development of the 
teachers, and the retention of the teachers. 
‘‘(2) STUDY.— 
‘‘(A) IN
GENERAL.—From funds appro-
priated under subsection (f), the Secretary shall 
provide for a study that examines the achieve-
ment levels of the students taught by the teach-
ers assisted under this section. 
‘‘(B) ACHIEVEMENT GAINS COMPARED.— 
The study shall compare, within the same 
schools, the achievement gains made by stu-
dents taught by teachers who are assisted 
under this section with the achievement gains 
made by students taught by teachers who are 
not assisted under this section. 
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180 
‘‘(3) REQUIREMENTS.—The Secretary shall 
provide for such a study not less than once every 3 
years, and each such study shall include multiple 
placement sites and multiple schools within place-
ment sites. 
‘‘(4) PEER
REVIEW
STANDARDS.—Each such 
study shall meet the peer review standards of the 
education research community. 
‘‘Subpart 5—Early Childhood Education Professional 
Development and Career Task Force 
‘‘SEC. 281. PURPOSE. 
‘‘It is the purpose of this subpart— 
‘‘(1) to improve the quality of the early child-
hood education workforce by creating a statewide 
early childhood education professional development 
and career task force for early childhood education 
program staff, directors, and administrators; and 
‘‘(2) to create— 
‘‘(A) a coherent system of core com-
petencies, pathways to qualifications, creden-
tials, degrees, quality assurances, access, and 
outreach, for early childhood education program 
staff, directors, and administrators, that is 
linked to compensation commensurate with ex-
perience and qualifications; 
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181 
‘‘(B) articulation agreements that enable 
early childhood education professionals to tran-
sition easily among degrees; and 
‘‘(C) compensation initiatives for individ-
uals working in an early childhood education 
program that reflect the individuals’ credentials, 
degrees, and experience. 
‘‘SEC. 282. DEFINITION OF EARLY CHILDHOOD EDUCATION 
PROGRAM. 
‘‘In this subpart, the term ‘early childhood education 
program’ means— 
‘‘(1) a family child care program, center-based 
child care program, State prekindergarten program, 
or school-based program (including a program au-
thorized under section 619 or part C of the Individ-
uals with Disabilities Education Act), that— 
‘‘(A) provides early childhood education; 
‘‘(B) uses developmentally appropriate 
practices; 
‘‘(C) is licensed or regulated by the State; 
and 
‘‘(D) serves children from birth through 
age 5; 
‘‘(2) a Head Start Program carried out under 
the Head Start Act; or 
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182 
‘‘(3) an Early Head Start Program carried out 
under section 645A of the Head Start Act. 
‘‘SEC. 283. GRANTS AUTHORIZED. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award grants to States in accordance with the provisions 
of this subpart to enable such States— 
‘‘(1) to establish a State Task Force described 
in section 284; and 
‘‘(2) to support activities of the State Task 
Force described in section 285. 
‘‘(b) COMPETITIVE BASIS.—Grants under this sub-
part shall be awarded on a competitive basis. 
‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBUTION.—In 
awarding grants under this subpart, the Secretary shall 
take into consideration providing an equitable geographic 
distribution of such grants. 
‘‘(d) DURATION.—Grants under this subpart shall be 
awarded for a period of 3 years. 
‘‘SEC. 284. STATE TASK FORCE ESTABLISHMENT. 
‘‘(a) STATE TASK FORCE ESTABLISHED.—The Gov-
ernor of a State receiving a grant under this subpart shall 
establish, or designate an existing entity to serve as, the 
State Early Childhood Education Professional Develop-
ment and Career Task Force (hereafter in this subpart 
referred to as the ‘State Task Force’). 
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183 
‘‘(b) MEMBERSHIP.—The State Task Force shall in-
clude a representative of a State agency, an institution 
of higher education (including an associate or a bacca-
laureate degree granting institution of higher education), 
an early childhood education program, a nonprofit early 
childhood organization, a statewide early childhood work-
force scholarship or supplemental initiative, and any other 
entity or individual the Governor determines appropriate. 
‘‘SEC. 285. STATE TASK FORCE ACTIVITIES. 
‘‘(a) ACTIVITIES.—The State Task Force shall— 
‘‘(1) coordinate and communicate regularly with 
existing State Advisory Councils on Early Care and 
Education (hereafter in this subpart referred to as 
‘State Advisory Councils’) or a similar State entity 
charged with creating a comprehensive system of 
early care and education in the State, where appro-
priate, for the purposes of— 
‘‘(A) 
integrating 
recommendations 
for 
early childhood professional development and 
career activities into the plans of the State Ad-
visory Council; and 
‘‘(B) assisting in the implementation of 
professional development and career activities 
that are consistent with the plans described in 
subparagraph (A); 
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184 
‘‘(2) conduct a review of opportunities for and 
barriers to high quality professional development, 
training, and higher education degree programs, in 
early childhood development and learning, including 
a periodic statewide survey concerning the demo-
graphics of individuals working in early childhood 
education programs in the State, which survey shall 
include information disaggregated by— 
‘‘(A) race, gender, and ethnicity; 
‘‘(B) compensation levels; 
‘‘(C) type of early childhood education pro-
gram setting; 
‘‘(D) specialized knowledge of child devel-
opment; 
‘‘(E) years of experience in an early child-
hood education program; 
‘‘(F) attainment of— 
‘‘(i) academic credit for course work; 
‘‘(ii) an academic degree; 
‘‘(iii) a credential; 
‘‘(iv) licensure; or 
‘‘(v) certification in early childhood 
education; and 
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185 
‘‘(G) specialized knowledge in the edu-
cation of children with limited English pro-
ficiency; and 
‘‘(3) develop a plan for a comprehensive state-
wide professional development and career system for 
individuals working in early childhood education pro-
grams or for early childhood education providers, 
which plan shall include— 
‘‘(A) methods of providing outreach to 
early childhood education program staff, direc-
tors, and administrators to enable the providers 
to be aware of opportunities and resources 
under the statewide plan, which may include 
outreach to underrepresented populations in the 
profession; 
‘‘(B) developing a unified data collection 
and dissemination system for early childhood 
education training, professional development, 
and higher education programs; 
‘‘(C) increasing the participation of early 
childhood educators in high quality training and 
professional development by assisting in paying 
the costs of enrollment in and completion of 
such training and professional development 
courses; 
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186 
‘‘(D) increasing the participation of early 
childhood educators in postsecondary education 
programs leading to degrees in early childhood 
education by providing assistance to pay the 
costs of enrollment in and completion of such 
postsecondary education programs, which as-
sistance— 
‘‘(i) shall only be provided to an indi-
vidual who— 
‘‘(I) enters into an agreement 
under which the individual agrees to 
work, for a reasonable number of 
years after receiving such a degree, in 
an early childhood education program 
that is located in a low-income area; 
and 
‘‘(II) has a family income equal 
to or less than the annually adjusted 
national median family income as de-
termined by the Bureau of the Cen-
sus; and 
‘‘(ii) shall be provided in an amount 
that does not exceed $17,500; 
‘‘(E) supporting professional development 
activities and a career lattice for a variety of 
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187 
early childhood professional roles with varying 
professional qualifications and responsibilities 
for early childhood education personnel, includ-
ing strategies to enhance the compensation of 
such personnel; 
‘‘(F) supporting articulation agreements 
between 2- and 4-year public and private insti-
tutions of higher education and mechanisms to 
transform other training, professional develop-
ment, and experience into academic credit; 
‘‘(G) developing mentoring and coaching 
programs to support new educators in and di-
rectors of early childhood education programs; 
‘‘(H) providing career development advis-
ing with respect to the field of early childhood 
education, including informing an individual re-
garding— 
‘‘(i) entry into and continuing edu-
cation requirements for professional roles 
in the field; 
‘‘(ii) available financial assistance; 
and 
‘‘(iii) professional development and ca-
reer advancement in the field; 
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188 
‘‘(I) enhancing the quality of faculty and 
course work in postsecondary programs that 
lead to an associate, baccalaureate, or graduate 
degree in early childhood education; 
‘‘(J) consideration of the availability of on- 
line graduate level professional development of-
fered by institutions of higher education with 
experience and demonstrated expertise in estab-
lishing programs in child development, in order 
to improve the skills and expertise of individ-
uals working in early childhood education pro-
grams; and 
‘‘(K) developing or enhancing a system of 
quality assurance with respect to the early 
childhood education professional development 
and career system, including standards or quali-
fications for individuals and entities who offer 
training and professional development in early 
childhood education. 
‘‘(b) PUBLIC HEARINGS.—The State Task Force 
shall hold public hearings and provide an opportunity for 
public comment on the activities described in the statewide 
plan described in subsection (a)(3). 
‘‘(c) PERIODIC REVIEW.—The State Task Force shall 
meet periodically to review implementation of the state-
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189 
wide plan and to recommend any changes to the statewide 
plan the State Task Force determines necessary. 
‘‘SEC. 286. STATE APPLICATION AND REPORT. 
‘‘(a) IN GENERAL.—Each State desiring a grant 
under this subpart shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by 
such information as the Secretary may reasonably require. 
Each such application shall include a description of— 
‘‘(1) the membership of the State Task Force; 
‘‘(2) the activities for which the grant assist-
ance will be used; 
‘‘(3) other Federal, State, local, and private re-
sources that will be available to support the activi-
ties of the State Task Force described in section 
284; 
‘‘(4) the availability within the State of train-
ing, early childhood educator preparation, profes-
sional development, compensation initiatives, and ca-
reer systems, related to early childhood education; 
and 
‘‘(5) the resources available within the State for 
such training, educator preparation, professional de-
velopment, compensation initiatives, and career sys-
tems. 
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190 
‘‘(b) REPORT TO THE SECRETARY.—Not later than 
2 years after receiving a grant under this subpart, a State 
shall submit a report to the Secretary that shall describe— 
‘‘(1) other Federal, State, local, and private re-
sources that will be used in combination with a 
grant under this section to develop or expand the 
State’s early childhood education professional devel-
opment and career activities; 
‘‘(2) the ways in which the State Advisory 
Council (or similar State entity) will coordinate the 
various State and local activities that support the 
early childhood education professional development 
and career system; and 
‘‘(3) the ways in which the State Task Force 
will use funds provided under this subpart and carry 
out the activities described in section 285. 
‘‘SEC. 287. EVALUATIONS. 
‘‘(a) STATE EVALUATION.—Each State receiving a 
grant under this subpart shall— 
‘‘(1) evaluate the activities that are assisted 
under this subpart in order to determine— 
‘‘(A) the effectiveness of the activities in 
achieving State goals; 
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191 
‘‘(B) the impact of a career lattice for indi-
viduals working in early childhood education 
programs; 
‘‘(C) the impact of the activities on licens-
ing or regulating requirements for individuals 
in the field of early childhood development; 
‘‘(D) the impact of the activities, and the 
impact of the statewide plan described in sec-
tion 286(a)(3), on the quality of education, pro-
fessional development, and training related to 
early childhood education programs that are of-
fered in the State; 
‘‘(E) the change in compensation and re-
tention of individuals working in early childhood 
education programs within the State resulting 
from the activities; and 
‘‘(F) the impact of the activities on the de-
mographic characteristics of individuals working 
in early childhood education programs; and 
‘‘(2) submit a report at the end of the grant pe-
riod to the Secretary regarding the evaluation de-
scribed in paragraph (1). 
‘‘(b) SECRETARY’S EVALUATION.—Not later than 
September 30, 2013, the Secretary, in consultation with 
the Secretary of Health and Human Services, shall pre-
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192 
pare and submit to the authorizing committees an evalua-
tion of the State reports submitted under subsection 
(a)(2).’’. 
SEC. 202. NATIONAL ACADEMY OF SCIENCES STUDY OF 
BEST PRACTICES IN TEACHER PREPARATION. 
(a) IN GENERAL.—The Secretary shall enter into a 
contract with the National Academy of Sciences to con-
duct a 2-year study to develop suggested best practices 
in teacher preparation for schools of education. Such best 
practices shall include recommendations related to the 
skills teachers need to be highly qualified. 
(b) BEST RESEARCH; SUGGESTED TRAINING.—The 
suggested best practices developed under subsection (a) 
shall reflect the best research into how students learn and 
on the content-specific methods shown to be effective with 
students, including examining how children learn. The 
suggested best practices shall include suggested training 
in working with diverse populations, assessments in the 
classroom, and classroom management. 
(c) COLLABORATION.— 
(1) IN
GENERAL.—In conducting the study 
under subsection (a), the National Academy of 
Sciences shall collaborate with interested parties in 
developing the suggested best practices. 
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193 
(2) INTERESTED PARTIES.—In this subsection, 
the term ‘‘interested parties’’ means— 
(A) college presidents; 
(B) deans of arts and sciences and teacher 
education programs; 
(C) teacher preparation faculty; 
(D) chief State school officers; 
(E) school superintendents; 
(F) teacher organizations; 
(G) outstanding teachers and principals; 
(H) teacher preparation accrediting organi-
zations; and 
(I) other organizations with expertise in 
teacher recruitment and training. 
TITLE III—TITLE III 
AMENDMENTS 
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 services that will assist in the edu-
cation of special populations’’ before the period; 
and 
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194 
(2) in subsection (c)— 
(A) in paragraph (6), by inserting ‘‘, in-
cluding 
innovative, 
customized, 
instruction 
courses designed to help retain students and 
move the students rapidly into core courses and 
through program completion’’ before the period; 
(B) 
by 
redesignating 
paragraphs 
(7) 
through (12) as paragraphs (8) through (13), 
respectively; 
(C) by inserting after paragraph (6) the 
following: 
‘‘(7) Education or counseling services designed 
to improve the financial literacy and economic lit-
eracy of students or the students’ parents.’’; 
(D) in paragraph (12) (as redesignated by 
subparagraph (B)), by striking ‘‘distance learn-
ing academic instruction capabilities’’ and in-
serting ‘‘distance education technologies’’; and 
(E) in the matter preceding subparagraph 
(A) of paragraph (13) (as redesignated by sub-
paragraph (B)), by striking ‘‘subsection (c)’’ 
and inserting ‘‘subsection (b) and section 391’’. 
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195 
SEC. 302. TITLE III GRANTS FOR AMERICAN INDIAN TRIB-
ALLY CONTROLLED COLLEGES AND UNIVER-
SITIES. 
(a) ELIGIBLE INSTITUTIONS.—Section 316(b)(3) (20 
U.S.C. 1059c(b)(3)) is amended to read as follows: 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The 
term ‘Tribal College or University’ means an institu-
tion that— 
‘‘(A) qualifies for funding under the Trib-
ally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1801 et seq.) or the 
Navajo Community College Assistance Act (25 
U.S.C. 640a note); or 
‘‘(B) is cited in section 532 of the Equity 
in Educational Land Grant Status Act of 1994 
(7 U.S.C. 301 note).’’. 
(b) DISTANCE LEARNING.—Subsection (c)(2) of such 
section is amended— 
(1) by amending subparagraph (B) to read as 
follows: 
‘‘(B) construction, maintenance, renova-
tion, and improvement in classrooms, libraries, 
laboratories, and other instructional facilities, 
including purchase or rental of telecommuni-
cations technology equipment or services, and 
the acquisition of real property adjacent to the 
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196 
campus of the institution on which to construct 
such facilities;’’; 
(2) in subparagraph (C), by inserting before the 
semicolon at the end the following: ‘‘, or advanced 
degrees in tribal governance or tribal public policy’’; 
(3) in subparagraph (D), by inserting before 
the semicolon at the end the following: ‘‘, and in 
tribal governance or tribal public policy’’; 
(4) by striking ‘‘and’’ at the end of subpara-
graph (K); 
(5) by redesignating subparagraph (L) as sub-
paragraph (M); and 
(6) by inserting after subparagraph (K) the fol-
lowing new subparagraph: 
‘‘(L) developing or improving facilities for 
Internet use or other distance learning aca-
demic instruction capabilities; and’’. 
(c) APPLICATION AND ALLOTMENT.—Subsection (d) 
of such section is amended to read as follows: 
‘‘(d) APPLICATION AND ALLOTMENT.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligi-
ble to receive assistance under this section, a Tribal 
College or University shall be an eligible institution 
under section 312(b). 
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197 
‘‘(2) APPLICATION.—Any Tribal College or Uni-
versity desiring to receive assistance under this sec-
tion shall submit an application to the Secretary at 
such time, and in such manner, as the Secretary 
may reasonably require. 
‘‘(3) MINIMUM GRANT.—The amount allotted to 
each institution under this section shall not be less 
than $500,000. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) CONCURRENT
FUNDING.—For the 
purposes of this part, no Tribal College or Uni-
versity that is eligible for and receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section.’’. 
(d) ALLOTMENT OF REMAINING FUNDS.—After sub-
section (d) of section 316 (20 U.S.C. 1059c(d)), as 
amended by subsection (c) of this section, add the fol-
lowing new subsection: 
‘‘(e) ALLOTMENT OF REMAINING FUNDS.—The Sec-
retary shall distribute any funds appropriated to carry out 
this section for any fiscal year that remain available after 
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198 
the Secretary has awarded grants under subsection (e), 
to each eligible institution as follows: 
‘‘(1) 60 percent of the remaining appropriated 
funds shall be distributed among the eligible Tribal 
Colleges and Universities on a pro rata basis, based 
on the respective Indian student counts (as defined 
in section 2(a) of the Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 
1801(a)) of the Tribal Colleges and Universities; 
and 
‘‘(2) the remaining 40 percent shall be distrib-
uted in equal shares to the eligible Tribal Colleges 
and Universities.’’. 
SEC. 303. PREDOMINANTLY BLACK INSTITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 317 (20 U.S.C. 1059d) the following new section: 
‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
assist Predominantly Black Institutions in expanding edu-
cational opportunity through a program of Federal assist-
ance. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) PREDOMINANTLY BLACK INSTITUTION.— 
The term ‘Predominantly Black Institution’ means 
an institution of higher education— 
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199 
‘‘(A) that is an eligible institution (as de-
fined in paragraph (5)(A) of this subsection) 
with a minimum of 1,000 undergraduate stu-
dents; 
‘‘(B) at which at least 50 percent of the 
undergraduate students enrolled at the institu-
tion are low-income individuals or first-genera-
tion college students (as that term is defined in 
section 402A(g)); and 
‘‘(C) at which at least 50 percent of the 
undergraduate students are enrolled in an edu-
cational program leading to a bachelor’s or as-
sociate’s degree that the institution is licensed 
to award by the State in which it is located. 
‘‘(2) LOW-INCOME
INDIVIDUAL.—The term 
‘low-income individual’ has the meaning given such 
term in section 402A(g). 
‘‘(3) MEANS-TESTED FEDERAL BENEFIT PRO-
GRAM.—The term ‘means-tested Federal benefit pro-
gram’ means a program of the Federal Government, 
other than a program under title IV, in which eligi-
bility for the programs’ benefits, or the amount of 
such benefits, or both, are determined on the basis 
of income or resources of the individual or family 
seeking the benefit. 
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200 
‘‘(4) STATE.—The term ‘State’ means each of 
the 50 States and the District of Columbia. 
‘‘(5) OTHER
DEFINITIONS.—For purposes of 
this section, the terms defined by section 312 have 
the meanings provided by that section, except as fol-
lows: 
‘‘(A) ELIGIBLE INSTITUTION.— 
‘‘(i) The term ‘eligible institution’ 
means an institution of higher education 
that— 
‘‘(I) has an enrollment of needy 
undergraduate students as required 
and defined by subparagraph (B); 
‘‘(II) except as provided in sec-
tion 392(b), the average educational 
and general expenditure of which are 
low, per full-time equivalent under-
graduate student in comparison with 
the average educational and general 
expenditure per full-time equivalent 
undergraduate student of institutions 
that offer similar instruction; 
‘‘(III) has an enrollment of un-
dergraduate students that is at least 
40 percent Black American students; 
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201 
‘‘(IV) is legally authorized to pro-
vide, and provides within the State, 
an educational program for which the 
institution awards a bachelors degree, 
or in the case of a junior or commu-
nity college, an associate’s degree; 
‘‘(V) is accredited by a nationally 
recognized accrediting agency or asso-
ciation determined by the Secretary to 
be a reliable authority as to the qual-
ity of training offered, or is, according 
to such an agency or association, 
making reasonable progress toward 
accreditation; and 
‘‘(VI) is not receiving assistance 
under part B of this title. 
‘‘(ii) In awarding grants under this 
section the Secretary shall give priority to 
Predominantly Black Institutions with 
large numbers or percentages of students 
described in clause (i)(II) or clause (i)(III). 
The level of priority given to Predomi-
nantly Black Institutions with large num-
bers or percentages of students described 
in paragraph (1)(B) shall be twice the level 
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202 
of priority given to Predominantly Black 
Institutions with large numbers or percent-
ages of students described in paragraph 
(1)(C). 
‘‘(B) 
ENROLLMENT
OF
NEEDY
STU-
DENTS.—The term ‘enrollment of needy stu-
dents’ means the enrollment at an eligible insti-
tution with respect to which at least 50 percent 
of the undergraduate students enrolled in an 
academic program leading to a degree— 
‘‘(i) in the second fiscal year pre-
ceding the fiscal year for which the deter-
mination is made, were Pell Grant recipi-
ents in such year; 
‘‘(ii) come from families that receive 
benefits under a means-tested Federal ben-
efits program (as defined in subsection 
(b)(3)); 
‘‘(iii) attended a secondary school that 
was a high-need school during any year of 
such attendance; or 
‘‘(iv) are ‘first-generation college stu-
dents’ as that term is defined in section 
402A(g), and a majority of such first-gen-
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203 
eration college students are low-income in-
dividuals. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded pursuant to subsection (d) shall be 
used by Predominantly Black Institutions— 
‘‘(A) to assist the institution to plan, de-
velop, undertake, and implement programs to 
enhance the institution’s capacity to serve more 
low- and middle-income Black American stu-
dents; 
‘‘(B) to expand higher education opportu-
nities for title IV eligible students by encour-
aging college preparation and student persist-
ence in secondary and postsecondary education; 
and 
‘‘(C) to strengthen the institution’s finan-
cial ability to serve the academic needs of the 
students described in subparagraphs (A) and 
(B). 
‘‘(2) AUTHORIZED
ACTIVITIES.—Grants made 
to an institution under subsection (d) shall be used 
for one or more of the following activities: 
‘‘(A) The activities described in section 
311(c)(1) through (11). 
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204 
‘‘(B) Academic instruction in disciplines in 
which Black Americans are underrepresented. 
‘‘(C) Establishing or enhancing a program 
of teacher education designed to qualify stu-
dents to teach in a public elementary or sec-
ondary school in the State that shall include, as 
part of such program, preparation for teacher 
certification. 
‘‘(D) Establishing community outreach 
programs which will encourage elementary and 
secondary students to develop the academic 
skills and the interest to pursue postsecondary 
education. 
‘‘(E) Other activities proposed in the appli-
cation submitted pursuant to subsection (e) 
that— 
‘‘(i) contribute to carrying out the 
purposes of this section; and 
‘‘(ii) are approved by the Secretary as 
part of the review and acceptance of such 
application. 
‘‘(3) ENDOWMENT FUND.— 
‘‘(A) 
IN
GENERAL.—A 
Predominantly 
Black Institution may use not more than 20 
percent of the grant funds provided under this 
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205 
section to establish or increase an endowment 
fund at the institution. 
‘‘(B) MATCHING REQUIREMENT.—In order 
to be eligible to use grant funds in accordance 
with subparagraph (A), the Predominantly 
Black Institution shall provide matching funds 
from non-Federal sources, in an amount equal 
to or greater than the Federal funds used in ac-
cordance with subparagraph (A), for the estab-
lishment or increase of the endowment fund. 
‘‘(C) COMPARABILITY.—The provisions of 
part C regarding the establishment or increase 
of an endowment fund, that the Secretary de-
termines are not inconsistent with this sub-
section, shall apply to funds used under sub-
paragraph (A). 
‘‘(4) LIMITATION.—Not more than 50 percent 
of the allotment of any Predominantly Black Institu-
tion may be available for the purpose of constructing 
or maintaining a classroom, library, laboratory, or 
other instructional facility. 
‘‘(d) ALLOTMENTS TO PREDOMINANTLY BLACK IN-
STITUTIONS.— 
‘‘(1) ALLOTMENT: PELL GRANT BASIS.—From 
the amounts appropriated to carry out this section 
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206 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-half that amount as the 
number of Pell Grant recipients in attendance at 
such institution at the end of the academic year pre-
ceding the beginning of that fiscal year bears to the 
total number of Pell Grant recipients at all institu-
tions eligible under this section. 
‘‘(2) ALLOTMENT: GRADUATES
BASIS.—From 
the amounts appropriated to carry out this section 
for any fiscal year, the Secretary shall allot to each 
Predominantly Black Institution having an applica-
tion approved under subsection (e) a sum which 
bears the same ratio to one-fourth that amount as 
the number of graduates for such school year at 
such institution bears to the total number of grad-
uates for such school year at all intuitions eligible 
under this section. 
‘‘(3) ALLOTMENT: 
GRADUATES
SEEKING
A 
HIGHER DEGREE BASIS.—From the amounts appro-
priated to carry out this section for any fiscal year, 
the Secretary shall allot to each Predominantly 
Black Institution having an application approved 
under subsection (e) a sum which bears the same 
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207 
ratio to one-fourth of that amount as the percentage 
of graduates per institution who are admitted to and 
in attendance at, within 2 years of graduation with 
an associates degree or a baccalaureate degree, ei-
ther a baccalaureate degree-granting institution or a 
graduate or professional school in a degree program 
in disciplines in which Black American students are 
underrepresented, bears to the percentage of such 
graduates per institution for all eligible institutions. 
‘‘(4) MINIMUM
ALLOTMENT.—(A) Notwith-
standing paragraphs (1), (2), and (3), the amount 
allotted to each Predominantly Black Institution 
under this section shall not be less than $250,000. 
‘‘(B) If the amount appropriated pursuant to 
section 399 for any fiscal year is not sufficient to 
pay the minimum allotment, the amount of such 
minimum allotment shall be ratably reduced. If addi-
tional sums become available for such fiscal year, 
such reduced allocation shall be increased on the 
same basis as it was reduced until the amount allot-
ted equals the minimum allotment required by sub-
paragraph (A). 
‘‘(5) REALLOTMENT.—The amount of a Pre-
dominantly Black Institution’s allotment under para-
graph (1), (2), (3), or (4) for any fiscal year, which 
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208 
the Secretary determines will not be required for 
such institution for the period such allotment is 
available, shall be available for reallotment to other 
Predominantly Black Institutions in proportion to 
the original allotment to such other institutions 
under this section for such fiscal year. The Secretary 
shall reallot such amounts from time to time, on 
such date and during such period as the Secretary 
deems appropriate. 
‘‘(e) APPLICATIONS.—No Predominantly Black Insti-
tution shall be entitled to its allotment of Federal funds 
for any grant under subsection (d) for any period unless 
the institution submits an application to the Secretary at 
such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably re-
quire. 
‘‘(f) APPLICATION REVIEW PROCESS.—Section 393 
shall not apply to applications under this section. 
‘‘(g) PROHIBITION.—No Predominantly Black Insti-
tution that applies for and receives a grant under this sec-
tion may apply for or receive funds under any other pro-
gram under this part or part B of this title. 
‘‘(h) DURATION AND CARRYOVER.—Any funds paid 
to a Predominantly Black Institution under this section 
and not expended or used for the purposes for which the 
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209 
funds were paid within 10 years following the date of the 
grant awarded to such institution under this section shall 
be repaid to the Treasury of the United States.’’. 
SEC. 304. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC 
ISLANDER-SERVING INSTITUTIONS. 
Part A of title III is amended by inserting after sec-
tion 318 (as added by section 303 of this Act) the fol-
lowing new section: 
‘‘SEC. 319. ASIAN AMERICAN AND NATIVE AMERICAN PA-
CIFIC ISLANDER-SERVING INSTITUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Asian American 
and Pacific Islander-serving institutions to enable such in-
stitutions to improve and expand their capacity to serve 
Asian Americans and Pacific Islanders. 
‘‘(b) DEFINITIONS.—For the purpose of this sec-
tion— 
‘‘(1) the term ‘Asian American’ has the mean-
ing given the term Asian in the Office of Manage-
ment and Budget’s Standards for Maintaining, Col-
lecting, and Presenting Federal Data on Race and 
Ethnicity as published on October 30, 1997 (62 
Fed. Reg. 58789); 
‘‘(2) the term ‘Native American Pacific Is-
lander’ means any descendant of the aboriginal peo-
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210 
ple of any island in the Pacific Ocean that is a terri-
tory or possession of the United States; 
‘‘(3) The term ‘Asian American and Native 
American Pacific Islander-serving institution’ means 
an institution of higher education that— 
‘‘(A) is an eligible institution under section 
312(b); and 
‘‘(B) at the time of application, has an en-
rollment of undergraduate students that is at 
least 10 percent Asian American and Native 
American Pacific Islander students; and 
‘‘(4) the term ‘low-income individual’ means an 
individual from a family whose taxable income for 
the preceding year did not exceed 150 percent of an 
amount equal to the poverty level determined by 
using criteria of poverty established by the Bureau 
of the Census. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Asian American and Pacific Islander-serving institu-
tions to assist such institutions to plan, develop, un-
dertake, and carry out activities to improve and ex-
pand such institutions’ capacity to serve Asian 
Americans and Pacific Islanders. 
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211 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) purchase, rental, or lease of scientific 
or laboratory equipment for educational pur-
poses, including instructional and research pur-
poses; 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist in attaining advanced degrees in the fac-
ulty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) purchase of library books, periodicals, 
microfilm, and other educational materials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) joint use of facilities such as labora-
tories and libraries; 
‘‘(H) academic tutoring and counseling 
programs and student support services; 
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212 
‘‘(I) establishing community outreach pro-
grams that will encourage elementary school 
and secondary school students to develop the 
academic skills and the interest to pursue post- 
secondary education; 
‘‘(J) establishing or improving an endow-
ment fund; 
‘‘(K) academic instruction in disciplines in 
which Asian Americans and Pacific Islanders 
are under-represented; 
‘‘(L) conducting research and data collec-
tion for Asian American and Pacific Islander 
populations and sub-populations; and 
‘‘(M) establishing partnerships with com-
munity based organizations serving Asian 
Americans and Pacific Islanders. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian 
American and Pacific Islander-serving institution de-
siring to receive assistance under this section shall 
submit to the Secretary such enrollment data as 
may be necessary to demonstrate that the institution 
is an Asian American and Pacific Islander-serving 
institution as defined in subsection (b), along with 
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213 
such other information and data as the Secretary 
may by regulation require. 
‘‘(2) APPLICATIONS.—Any institution which is 
determined by the Secretary to be an Asian Amer-
ican and Pacific Islander-serving institution may 
submit an application for assistance under this sec-
tion to the Secretary. Such application shall in-
clude— 
‘‘(A) a 5-year plan for improving the as-
sistance provided by the Asian American and 
Pacific Islander-serving institution to Asian 
American and Pacific Islander students; and 
‘‘(B) such other information and assurance 
as the Secretary may require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Asian American 
and Pacific Islander-serving institution that re-
ceives funds under this section shall concur-
rently receive funds under other provisions of 
this part or part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section. 
‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall— 
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214 
‘‘(i) to the extent possible and con-
sistent with the competitive process under 
which such grants are awarded, ensure 
maximum 
and 
equitable 
distribution 
among all eligible institutions; and 
‘‘(ii) give priority consideration to in-
stitutions that serve a significant percent-
age of Asian American and Pacific Is-
lander students who are low-income indi-
viduals.’’. 
SEC. 305. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
(a) GRANT PROGRAM AUTHORIZED.—Part A of title 
III (20 U.S.C. 1057 et seq.) is amended by adding after 
section 319 (as added by section 304 of this Act): 
‘‘SEC. 320. NATIVE AMERICAN-SERVING, NONTRIBAL INSTI-
TUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall 
provide grants and related assistance to Native American- 
serving, nontribal institutions to enable such institutions 
to improve and expand their capacity to serve Native 
Americans. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) NATIVE
AMERICAN.—The term ‘Native 
American’ means an individual who is of a tribe, 
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215 
people, or culture that is indigenous to the United 
States. 
‘‘(2) NATIVE
AMERICAN-SERVING, NONTRIBAL 
INSTITUTION.—The term ‘Native American-serving, 
nontribal institution’ means an institution of higher 
education that, at the time of application— 
‘‘(A) has an enrollment of undergraduate 
students that is not less than 10 percent Native 
American students; and 
‘‘(B) is not a Tribal College or University 
(as defined in section 316). 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.— 
Grants awarded under this section shall be used by 
Native American-serving, nontribal institutions to 
assist such institutions to plan, develop, undertake, 
and carry out activities to improve and expand such 
institutions’ capacity to serve Native Americans. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— 
Such programs may include— 
‘‘(A) the purchase, rental, or lease of sci-
entific or laboratory equipment for educational 
purposes, including instructional and research 
purposes; 
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216 
‘‘(B) renovation and improvement in class-
room, library, laboratory, and other instruc-
tional facilities; 
‘‘(C) support of faculty exchanges, and fac-
ulty development and faculty fellowships to as-
sist faculty in attaining advanced degrees in the 
faculty’s field of instruction; 
‘‘(D) curriculum development and aca-
demic instruction; 
‘‘(E) the purchase of library books, peri-
odicals, microfilm, and other educational mate-
rials; 
‘‘(F) funds and administrative manage-
ment, and acquisition of equipment for use in 
strengthening funds management; 
‘‘(G) the joint use of facilities such as lab-
oratories and libraries; and 
‘‘(H) academic tutoring and counseling 
programs and student support services. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL
ELIGIBILITY.—A Native 
American-serving, nontribal institution desiring to 
receive assistance under this section shall submit to 
the Secretary such enrollment data as may be nec-
essary to demonstrate that the institution is a Na-
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217 
tive American-serving, nontribal institution, along 
with such other information and data as the Sec-
retary may by regulation require. 
‘‘(2) APPLICATIONS.— 
‘‘(A) PERMISSION
TO
SUBMIT
APPLICA-
TIONS.—Any institution that is determined by 
the Secretary to be a Native American-serving, 
nontribal institution may submit an application 
for assistance under this section to the Sec-
retary. 
‘‘(B) SIMPLIFIED AND STREAMLINED FOR-
MAT.—The Secretary shall, to the extent pos-
sible, prescribe a simplified and streamlined for-
mat for applications under this section that 
takes into account the limited number of insti-
tutions that are eligible for assistance under 
this section. 
‘‘(C) CONTENT.—An application submitted 
under subparagraph (A) shall include— 
‘‘(i) a 5-year plan for improving the 
assistance provided by the Native Amer-
ican-serving, nontribal institution to Native 
Americans; and 
‘‘(ii) such other information and as-
surances as the Secretary may require. 
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‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Native American- 
serving, nontribal institution that receives funds 
under this section shall concurrently receive 
funds under other provisions of this part or 
part B. 
‘‘(B) EXEMPTION.—Section 313(d) shall 
not apply to institutions that are eligible to re-
ceive funds under this section. 
‘‘(C) DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall, to the 
extent possible and consistent with the competi-
tive process under which such grants are 
awarded, ensure maximum and equitable dis-
tribution among all eligible institutions.’’. 
SEC. 306. STRENGTHENING HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES. 
(a) DEFINITIONS.—Section 322(4) (20 U.S.C. 
1061(4)) is amended by inserting after ‘‘the Secretary’’ 
the following: ‘‘, in consultation with the Commissioner of 
the National Center for Education Statistics,’’. 
(b) AUTHORIZED ACTIVITIES.—Section 323(a) (20 
U.S.C. 1062(a)) is amended— 
(1) by redesignating paragraph (12) as para-
graph (15); and 
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219 
(2) by inserting after paragraph (11) the fol-
lowing new paragraphs: 
‘‘(12) Acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities. 
‘‘(13) Education or financial information de-
signed to improve the financial literacy and economic 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV. 
‘‘(14) Technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(c) ALLOTMENTS.— 
(1) MINIMUM ALLOTMENT.—Subsection (d) of 
section 324 (20 U.S.C. 1063(d)) is amended to read 
as follows: 
‘‘(d) MINIMUM ALLOTMENT.—(1) If an otherwise eli-
gible part B institution did not enroll any Pell Grant re-
cipients, or did not graduate any students in the previous 
academic year, or where appropriate, send any such grad-
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uates on to graduate or first-professional degree study, the 
institution shall not receive a grant under this part. 
‘‘(2) If the data provided by an eligible institution, 
pursuant to this section, is insufficient to justify an award 
in excess of $500,000, the otherwise eligible institution 
shall receive an allotment of $500,000, except that the 
Secretary shall not make an award of $500,000 if the 
amount determined based upon the formulas using sub-
section (b), (c), and (d) would be less than $250,000. If 
the amount determined by the formula would be less than 
$250,000, the Secretary shall award the minimum allot-
ment of $250,000.’’. 
(2) CONDITION
FOR
ALLOTMENTS.—Section 
324 (20 U.S.C. 1063) is further amended by adding 
at the end the following new subsection: 
‘‘(h) CONDITIONS FOR ALLOTMENTS.—No institution 
shall receive an allotment under this section unless the in-
stitution provides data, required by the Secretary con-
sistent with the formula in subsections (a) through (c), 
including the number of Pell Grant recipients enrolled in 
the previous award year; the number of students who 
earned an associate or baccalaureate degree in the pre-
vious academic year; and, when appropriate, the percent-
age of graduates who, within the past five years, enrolled 
in a graduate or first-professional degree program. No in-
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221 
stitution shall receive an allotment, including the min-
imum allotment under subsection (d), unless the institu-
tion provides the data required of that institution by the 
Secretary.’’. 
(d) PROFESSIONAL OR GRADUATE INSTITUTIONS.— 
(1) DURATION OF GRANT.—Section 326(b) (20 
U.S.C. 1063b(b)) is amended by adding at the end 
the following new sentence: ‘‘Any funds awarded for 
such five-year grant period that are obligated during 
such five-year period may be expended during the 
10-year period beginning on the first day of such 
five-year period.’’ 
(2) AUTHORIZED ACTIVITIES.—Section 326(c) 
(20 U.S.C. 1063b(c)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (6); 
(B) by striking the period at the end of 
paragraph (7) and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(8) acquisition of real property in connection 
with the construction, renovation, or addition to or 
improvement of campus facilities; 
‘‘(9) education or financial information de-
signed to improve the financial literacy and economic 
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222 
literacy of students or the students’ parents, espe-
cially with regard to student indebtedness and stu-
dent assistance programs under the title IV; and 
‘‘(10) technical assistance or services necessary 
for the implementation of projects or activities that 
are described in the grant application and that are 
approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may 
be used for this purpose.’’. 
(3) 
ELIGIBILITY.—Section 
326(e)(1) 
(20 
U.S.C. 1063b(e)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (Q); 
(B) by striking the period at the end of 
subparagraph (R) and inserting a semicolon; 
and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(S) Alabama State University qualified 
graduate programs; 
‘‘(T) Bowie State University qualified 
graduate programs; 
‘‘(U) Delaware State University qualified 
graduate programs; 
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223 
‘‘(V) Langston University qualified grad-
uate programs; 
‘‘(W) Prairie View A&M University quali-
fied graduate programs; and 
‘‘(X) University of the District of Colum-
bia David A. Clarke School of Law.’’. 
(4) 
CONFORMING
AMENDMENT.—Section 
326(e)(3) (20 U.S.C. 1063b(e)(3)) is amended— 
(A) by striking ‘‘1998’’ and inserting 
‘‘2008’’; and 
(B) by striking ‘‘(Q) and (R)’’ and insert-
ing ‘‘(S) through (X)’’. 
(5) 
PRESERVATION
OF
FUNDING.—Section 
326(f) (20 U.S.C. 1063b(f)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘$26,600,000’’ and in-
serting ‘‘$54,500,000’’; and 
(ii) by striking ‘‘(P)’’ and inserting 
‘‘(R)’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘$26,600,000, but not 
in excess of $28,600,000’’ and inserting 
‘‘$54,500,000, but not in excess of 
$60,500,000’’; and 
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224 
(ii) by striking ‘‘subparagraphs (Q) 
and (R)’’ and inserting ‘‘subparagraphs 
(S) through (X)’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘$28,600,000’’ and in-
serting ‘‘$60,500,000’’; and 
(ii) by striking ‘‘(R)’’ and inserting 
‘‘(X)’’. 
(e) UNEXPENDED
FUNDS.—Section 327(b) (20 
U.S.C. 1063c(b)) is amended to read as follows: 
‘‘(b) USE OF UNEXPENDED FUNDS.—Any funds paid 
to an institution and not expended or used for the pur-
poses for which the funds were paid during the five-year 
period following the date of the initial grant award, may 
be carried over and expended during the succeeding five- 
year period, if such funds were obligated for a purpose 
for which the funds were paid during the five-year period 
following the date of the initial grant award.’’. 
SEC. 307. ENDOWMENT CHALLENGE GRANTS. 
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’’. 
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225 
SEC. 308. 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 underrepresented 
minority youth engagement in science, technology, engi-
neering, and mathematics through outreach and hands-on, 
experiential-based learning projects that encourage under-
represented minority students in kindergarten through 
grade 12 to pursue careers in science, technology, engi-
neering, and mathematics. 
‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded 
to a partnership under this subpart shall be for an amount 
that is not less than $500,000. 
‘‘(c) DURATION.—A grant awarded under this sub-
part shall be for a period of 5 years. 
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226 
‘‘(d) 
NON-FEDERAL
MATCHING
SHARE
RE-
QUIRED.—A partnership receiving a grant under this sub-
part shall provide, from non-Federal sources, in cash or 
in kind, an amount equal to 50 percent of the costs of 
the project supported by such grant. 
‘‘(e) DISTRIBUTION
OF
GRANTS.—In awarding 
grants under this subpart, the Secretary shall ensure that, 
to the maximum extent practicable, the projects funded 
under this subpart are located in diverse geographic re-
gions of the United States. 
‘‘(f) ELIGIBLE
PARTNERSHIPS.—Notwithstanding 
the general eligibility provision in section 361, eligibility 
to receive grants under this subpart is limited to partner-
ships described in paragraph (5) of such section. 
‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 
‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO AP-
PROPRIATIONS.—The Secretary of Education is author-
ized to enter into a contract with a firm with a dem-
onstrated record of success in advertising to implement 
a campaign to expand the population of qualified individ-
uals in science, technology, engineering, and math 
(STEM) fields by encouraging young Americans to enter 
the those fields. 
‘‘(b) DESIGN OF CAMPAIGN.—Such a campaign shall 
be designed to enhance the image of education and profes-
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227 
sions in the STEM fields and promote participation in the 
STEM fields and shall include— 
‘‘(1) monitoring trends in youth attitudes to-
ward pursuing education and professions in the 
STEM fields and their propensity toward entering 
the STEM fields; 
‘‘(2) determining what factors contribute to en-
couraging and discouraging Americans from pur-
suing study in STEM fields and/or entering the 
STEM fields professionally; 
‘‘(3) determining what specific factors limit the 
participation of groups currently underrepresented 
in STEM fields, including Latinos, African-Ameri-
cans, and women; and 
‘‘(4) drawing from the market research per-
formed under this section and implementing an ad-
vertising campaign to encourage young Americans to 
take up studies in STEM fields, beginning at an 
early age. 
‘‘(c) REQUIRED COMPONENTS.—Such a campaign 
shall include components that focus tailored messages on 
appropriate age groups, starting with elementary school 
students. Such a campaign shall link participation in the 
STEM fields to the concept of service to one’s country, 
so that young people will be encouraged to enter the 
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228 
STEM fields in order fulfill the obligation to be of service 
to their country. 
‘‘(d) PRIORITY.—Such a campaign shall hold as a 
high priority making specific appeals to Latinos, African- 
Americans, and women, who are currently under-rep-
resented in the STEM fields, in order to increase their 
numbers in the STEM fields, and shall tailor recruitment 
efforts to each specific group. 
‘‘(e) USE OF VARIETY OF MEDIA.—Such a campaign 
shall make use of a variety of media, with an emphasis 
on television advertising, to reach its intended audience. 
‘‘(f) TEACHING.—Such a campaign shall include a 
narrowly focused effort to attract current professionals in 
the STEM fields, through advertising in mediums likely 
to reach that specific group, into teaching in a STEM field 
in elementary and secondary school. 
‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘The Secretary shall develop an evaluation and ac-
countability plan for projects funded under this subpart 
to objectively measure the impact of such projects, includ-
ing a measure of whether underrepresented minority stu-
dent enrollment in courses related to science, technology, 
engineering, and mathematics increases at the secondary 
and postsecondary levels.’’. 
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229 
(b) ELIGIBILITY
FOR GRANTS.—Section 361 (20 
U.S.C. 1067g) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) only with respect to grants under subpart 
2, partnerships of organizations, the membership of 
which shall include— 
‘‘(A) at least one institution of higher edu-
cation eligible for assistance under this title or 
title V; 
‘‘(B) at least one high need local edu-
cational agency (as defined in section 200); and 
‘‘(C) at least two community organizations 
or entities, such as businesses, professional as-
sociations, community-based organizations, phil-
anthropic organizations, or State agencies.’’. 
SEC. 309. TECHNICAL ASSISTANCE. 
Section 391 (20 U.S.C. 1068) is amended by adding 
at the end the following new subsection: 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, di-
rectly or by grant or contract, may provide technical as-
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230 
sistance to eligible institutions to prepare the institutions 
to qualify, apply for, and maintain a grant, under this 
title.’’. 
SEC. 310. WAIVER AUTHORITY. 
(a) Section 392 (20 U.S.C. 1068a) is amended by 
adding at the end the following new subsection: 
‘‘(c) WAIVER AUTHORITY WITH RESPECT TO INSTI-
TUTIONS LOCATED IN AN AREA AFFECTED BY A GULF 
HURRICANE DISASTER.— 
‘‘(1) WAIVER
AUTHORITY.—Notwithstanding 
any other provision of the law unless enacted with 
specific reference to this section, for any affected in-
stitution that was receiving assistance under this 
title at the time of a Gulf hurricane disaster, the 
Secretary shall, for each of the fiscal years 2009 
through 2013— 
‘‘(A) waive— 
‘‘(i) the eligibility data requirements 
set forth in section 391(d); 
‘‘(ii) the wait-out period set forth in 
section 313(d); 
‘‘(iii) 
the 
allotment 
requirements 
under section 324; and 
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231 
‘‘(iv) the use of the funding formula 
developed pursuant to section 326(f)(3); 
and 
‘‘(B) waive or modify any statutory or reg-
ulatory provision to ensure that affected institu-
tions that were receiving assistance under this 
title at the time of a Gulf hurricane disaster are 
not adversely impacted by any formula calcula-
tion for fiscal year 2009 or for any of the 4 
succeeding fiscal years; 
‘‘(C) make available to each affected insti-
tution an amount that is not less than the 
amount made available to such institution 
under this title for fiscal year 2006. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) AFFECTED INSTITUTION.—The term 
‘affected institution’ means an institution of 
higher education that— 
‘‘(i) is— 
‘‘(I) a part A institution, as such 
term is defined in section 312(b); 
‘‘(II) an American Indian Tribal 
College or University, as such term is 
defined in section 316(b); 
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232 
‘‘(III) an Alaskan Native-serving 
institution or Native Hawaiian-serving 
institution, as such terms are defined 
in section 317(b); or 
‘‘(IV) a part B institution, as 
such term is defined in section 
322(2), or as identified in section 
326(e) of such Act of 1965 (20 
U.S.C. 1063(b)); 
‘‘(ii) is located in an area affected by 
a Gulf hurricane disaster; and 
‘‘(iii) is able to demonstrate that, as a 
result of the impact of a Gulf hurricane 
disaster, the institution— 
‘‘(I) incurred physical damage; 
‘‘(II) 
has 
pursued 
collateral 
source compensation from insurance, 
the Federal Emergency Management 
Agency, and the Small Business Ad-
ministration, as appropriate; and 
‘‘(III) was not able to fully re-
open in existing facilities or to fully 
reopen to the pre-hurricane enroll-
ment levels during the 30-day period 
beginning on August 29, 2005. 
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233 
‘‘(B) AREA AFFECTED BY A GULF HURRI-
CANE
DISASTER; 
GULF
HURRICANE
DIS-
ASTER.—The terms ‘area affected by a Gulf 
hurricane disaster’ and ‘Gulf hurricane disaster’ 
have the meanings given such terms in section 
209 of the Higher Education Hurricane Relief 
Act of 2005 (Public Law 109–148, 119 Stat. 
2809).’’. 
SEC. 311. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATIONS.—Section 399(a) (20 U.S.C. 
1068h(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PART A.—(A) There are authorized to be 
appropriated to carry out part A, $150,000,000 
(other than sections 316 through 320) for fiscal year 
2009, and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 316, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(C) There are authorized to be appropriated to 
carry out section 317, $15,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
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234 
‘‘(D) There are authorized to be appropriated 
to carry out section 318, $75,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(E) There are authorized to be appropriated 
to carry out section 319, $30,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(F) There are authorized to be appropriated to 
carry out section 320, $25,000,000 for fiscal year 
2009 and such sums as may be necessary for each 
of the 4 succeeding fiscal years. 
‘‘(2) PART B.—(A) There are authorized to be 
appropriated to carry out part B (other than section 
326), $300,000,000 for fiscal year 2009, and such 
sums as may be necessary for each of the 4 suc-
ceeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 326, $100,000,000 for fiscal 
year 2009, and such sums as may be necessary for 
each of the 4 succeeding fiscal years. 
‘‘(3) PART C.—There are authorized to be ap-
propriated to carry out part C, $20,000,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
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235 
‘‘(4) PART D.—(A) There are authorized to be 
appropriated to carry out part D (other than section 
345(7), but including section 347), $150,000 for fis-
cal year 2009, and such sums as may be necessary 
for each of the 4 succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated 
to carry out section 345(7), such sums as may be 
necessary for fiscal year 2009 and each of the 4 suc-
ceeding fiscal years. 
‘‘(5) PART E.—(A) There are authorized to be 
appropriated to carry out subpart 1 of part E, 
$12,000,000 for fiscal year 2009 and such sums as 
may be necessary for each of the 4 succeeding fiscal 
years. 
‘‘(B) There are authorized to be appropriated 
to carry out subpart 2 of part E , $10,000,000 for 
fiscal year 2009 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.’’. 
(b) MINIMUM GRANT AMOUNT.—Section 399 (20 
U.S.C. 1068h) is amended by adding at the end the fol-
lowing: 
‘‘(c) MINIMUM GRANT AMOUNT.—The minimum 
amount of a grant under this title shall be $200,000.’’. 
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236 
SEC. 312. TECHNICAL CORRECTIONS. 
(a) AMENDMENTS.—Title III (20 U.S.C. 1051 et 
seq.) is further amended— 
(1) 
in 
section 
342(5)(C) 
(20 
U.S.C. 
1066a(5)(C)), by striking ‘‘,,’’ and inserting ‘‘,’’; 
(2) in section 343(e) (20 U.S.C. 1066b(e)), by 
inserting ‘‘SALE OF QUALIFIED BONDS.—’’ before 
‘‘Notwithstanding’’; 
(3) in the matter preceding clause (i) of section 
365(9)(A) (20 U.S.C. 1067k(9)(A)), by striking 
‘‘support’’ and inserting ‘‘supports’’; 
(4) 
in 
section 
391(b)(7)(E) 
(20 
U.S.C. 
1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ and 
inserting ‘‘subparagraph (D)’’; 
(5) in the matter preceding subparagraph (A) 
of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), by 
striking ‘‘eligible institutions under part A institu-
tions’’ and inserting ‘‘eligible institutions under part 
A’’; and 
(6) in the matter preceding paragraph (1) of 
section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ 
and inserting ‘‘399’’. 
(b) REDESIGNATION AND RELOCATION.—The Higher 
Education Act of 1965 is further amended— 
(1) by redesignating part J of title IV (as 
added by section 802 of the College Cost Reduction 
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237 
and Access Act) as part G of title III, and moving 
such part from the end of title IV to the end of title 
III; and 
(2) by redesignating section 499A (as added by 
such section) as section 399A. 
TITLE IV—TITLE IV 
AMENDMENTS 
PART A—PART A AMENDMENTS 
SEC. 401. FEDERAL PELL GRANTS. 
(a) EXTENSION OF AUTHORITY.—Section 401(a) (20 
U.S.C. 1070a(a)) is amended by striking ‘‘2004’’ and in-
serting ‘‘2014’’. 
(b) AUTHORIZED MAXIMUMS.—Section 401(b)(2)(A) 
(20 U.S.C. 1070a(b)(2)(A)) is amended to read as follows: 
‘‘(2)(A) The amount of the Federal Pell Grant for 
a student eligible under this part shall be $9,000 for each 
of the academic years 2009–2010 through 2013–2014, 
less an amount equal to the amount determined to be the 
expected family contribution with respect to that student 
for that year.’’. 
(c) MULTIPLE GRANTS.— 
(1) AMENDMENT.—Paragraph (5) of section 
401(b) is amended to read as follows: 
‘‘(5) YEAR-ROUND
PELL
GRANTS.—The Sec-
retary is authorized, for students enrolled in a bac-
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calaureate degree, associate’s degree, or certificate 
program of study at an eligible institution, to award 
such students not more than two Pell grants during 
an award year to permit such students to accelerate 
progress toward their degree or certificate objectives 
by enrolling in courses for more than 2 semesters, 
or 3 quarters, or the equivalent, in a given academic 
year.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall be effective July 1, 2009. 
(d) ACADEMIC COMPETITIVENESS GRANTS.—Section 
401A (as amended by section 8003 of Public Law 109– 
171)— 
(1) in subsection (b), by striking ‘‘academic’’ 
each place it appears; 
(2) in subsection (c)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘academic’’ and insert-
ing ‘‘award’’; and 
(ii) by striking ‘‘full–time’’; and 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) is an eligible student under section 484, 
including being enrolled or accepted for enrollment 
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in a degree, certificate, or other eligible program 
leading to a recognized educational credential at an 
institution of higher education;’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘academic’’ each place 
it appears; 
(ii) by striking ‘‘established by a State 
or local educational agency and recognized 
as such by the Secretary’’ each place it ap-
pears in subparagraphs (A)(i) and (B)(i) 
and inserting ‘‘that prepares students for 
college and work beyond the basic gradua-
tion requirements and that is recognized as 
such by the designated State official, or 
with respect to any private school or home 
school, the designated school official for 
such school, consistent with State law’’; 
(iii) in subparagraph (A)(ii), by in-
serting ‘‘, except as part of a secondary 
school program of study’’ before the semi-
colon; 
(iv) in subparagraph (C)— 
(I) by striking clause (i)(II) and 
inserting the following: 
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‘‘(II) a critical foreign language; 
and’’; and 
(II) in clause (ii), by striking the 
period at the end and inserting ‘‘; 
and’’; and 
(v) by adding at the end the following: 
‘‘(D) the third or fourth year of a program 
of undergraduate education at an institution of 
higher education (as defined in section 101(a)) 
that demonstrates, to the satisfaction of the 
Secretary, that the institution— 
‘‘(i) offers a single liberal arts cur-
riculum leading to a baccalaureate degree, 
under which students are not permitted by 
the institution to declare a major in a par-
ticular subject area, and those students— 
‘‘(I) study, in such years, a sub-
ject described in subparagraph (C)(i) 
that is at least equal to the require-
ments for an academic major at an in-
stitution of higher education that of-
fers a baccalaureate degree in such 
subject, as certified by an appropriate 
official from the institution; or 
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241 
‘‘(II) has obtained a cumulative 
grade point average of at least 3.0 (or 
the equivalent as determined under 
regulations prescribed by the Sec-
retary) in the relevant coursework; 
and 
‘‘(ii) offered such curriculum prior to 
February 8, 2006.’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) in clause (i), by inserting ‘‘for one 
academic year during the student’s first 
year of enrollment’’ after ‘‘$750’’; 
(ii) in clause (ii), by inserting ‘‘for one 
academic year during the student’s second 
year of enrollment’’ after ‘‘$1,300’’; and 
(iii) in clause (iii)— 
(I) by inserting ‘‘for one aca-
demic year’’ after ‘‘$4,000’’; and 
(II) 
by 
striking 
‘‘subsection 
(c)(3)(C).’’ and inserting ‘‘subpara-
graph (C) or (D) of subsection (c)(3), 
for each of the 2 years described in 
such subparagraphs; or’’; 
(B) in paragraph (2)— 
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242 
(i) in subparagraph (A)— 
(I) by striking ‘‘an academic’’ 
and inserting ‘‘a’’; and 
(II) by striking ‘‘(B), or (C)’’ 
and inserting ‘‘(B), (C), or (D)’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘or’’ at the end of 
clause (ii); and 
(II) by striking clause (iii) and 
inserting the following: 
‘‘(iii) one academic year under sub-
section (c)(3)(C); or 
‘‘(iv) one academic year under sub-
section (c)(3)(D).’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADJUSTMENT FOR LESS THAN FULL-TIME 
ENROLLMENT.—A grant awarded under this section 
to an eligible student who attends an eligible institu-
tion on a less than full-time (but at least half-time 
or more) basis shall be reduced in the same propor-
tion as would a Federal Pell Grant pursuant to sec-
tion 401(b)(2)(B).’’; and 
(4) in subsection (g), by striking ‘‘academic’’ 
and inserting ‘‘award’’. 
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243 
(e) TECHNICAL AMENDMENT TO CCRAA.—Section 
401(b)(9)(F) is amended by striking ‘‘remain available’’ 
and all that follows and inserting ‘‘remain available for 
the fiscal year succeeding the fiscal year for which such 
amounts are made available.’’. 
SEC. 402. FEDERAL TRIO PROGRAMS. 
(a) PROGRAM AUTHORITY; AUTHORIZATION OF AP-
PROPRIATIONS.—Section 402A (20 U.S.C. 1070a–11) is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘community-based or-
ganizations with experience in serving dis-
advantaged youth’’ after ‘‘private agencies 
and organizations’’; and 
(ii) by striking ‘‘in exceptional cir-
cumstances,’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘4’’ and inserting 
‘‘5’’; 
(ii) by striking subparagraph (A); and 
(iii) by redesignating subparagraphs 
(B) and (C) as subparagraphs (A) and 
(B), respectively; and 
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244 
(C) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) MINIMUM GRANTS.—Unless the institution 
or agency requests a smaller amount, an individual 
grant authorized under this chapter shall be award-
ed in an amount that is not less than $200,000, ex-
cept that an individual grant authorized under sec-
tion 402G shall be awarded in an amount that is not 
less than $170,000.’’; 
(2) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘service 
delivery’’ and inserting ‘‘high quality service de-
livery, as determined under subsection (f),’’; 
(B) in paragraph (3)(B), by striking ‘‘is 
not required to’’ and inserting ‘‘shall not’’; 
(C) in paragraph (5), by striking ‘‘cam-
puses’’ and inserting ‘‘different campuses’’; and 
(D) in paragraph (6), by adding at the end 
the following new sentence: ‘‘The Secretary 
shall require each applicant for funds under the 
programs authorized by this chapter to identify 
services to foster care youth as a permissible 
service in those programs, and to ensure that 
such youth receive supportive services, including 
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245 
mentoring, tutoring, and other services provided 
by those programs.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘(g)(2)’’ each place the 
term occurs and inserting ‘‘(h)(4)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) Notwithstanding this subsection and subsection 
(i)(4), individuals who are homeless or unaccompanied 
youth as defined in section 725 of the McKinney-Vento 
Homeless Assistance Act shall be eligible to participate in 
programs under sections 402B, 402C, 402D, and 402F 
of this chapter.’’; 
(4) by redesignating subsections (f) and (g) as 
subsections (g) and (h), respectively; 
(5) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) OUTCOME CRITERIA.— 
‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA-
TION.—The Secretary shall use the outcome criteria 
described in paragraphs (2) and (3) to evaluate the 
programs provided by a recipient of a grant under 
this chapter, and the Secretary shall determine an 
eligible entity’s prior experience of high quality serv-
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246 
ice delivery, as required under subsection (c)(2), 
based on the outcome criteria. 
‘‘(2) DISAGGREGATION OF RELEVANT DATA.— 
The outcome criteria under this subsection shall be 
disaggregated by low-income students, first genera-
tion college students, and individuals with disabil-
ities, in the schools and institutions of higher edu-
cation served by the program to be evaluated. 
‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The 
outcome criteria under this subsection shall measure, 
annually and for longer periods, the quality and ef-
fectiveness of programs authorized under this chap-
ter and shall include the following: 
‘‘(A) For programs authorized under sec-
tion 402B, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives estab-
lished in the entity’s application for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program; 
‘‘(ii) the continued secondary school 
enrollment of such students; 
‘‘(iii) the graduation of such students 
from secondary school; 
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‘‘(iv) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
grams such as the Academic Competitive-
ness Grants; and 
‘‘(v) the enrollment of such students 
in an institution of higher education. 
‘‘(B) For programs authorized under sec-
tion 402C, the extent to which the eligible enti-
ty met or exceeded the entity’s objectives for 
such program regarding— 
‘‘(i) the delivery of service to a total 
number of students served by the program, 
as agreed upon by the entity and the Sec-
retary for the period; 
‘‘(ii) such students’ school perform-
ance, as measured by the grade point aver-
age, or its equivalent; 
‘‘(iii) such students’ academic per-
formance, as measured by standardized 
tests, including tests required by the stu-
dents’ State; 
‘‘(iv) the retention in, and graduation 
from, secondary school of such students; 
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248 
‘‘(v) the completion by such students 
of a rigorous secondary school program of 
study that will make them eligible for pro-
grams such as the Academic Competitive-
ness Grants; and 
‘‘(vi) the enrollment of such students 
in an institution of higher education. 
‘‘(C) For programs authorized under sec-
tion 402D— 
‘‘(i) the extent to which the eligible 
entity met or exceeded the entity’s objec-
tives regarding the retention in postsec-
ondary education of the students served by 
the program; 
‘‘(ii)(I) in the case of an entity that is 
an institution of higher education offering 
a baccalaureate degree, the extent to which 
the percentage of students served by the 
program who completed degree programs 
met or exceeded the entity’s objectives; or 
‘‘(II) in the case of an entity that is 
an institution of higher education that does 
not offer a baccalaureate degree, the extent 
to which the students served by the entity 
met or exceeded s objectives regarding— 
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249 
‘‘(aa) the completion of a degree 
or certificate; and 
‘‘(bb) the transfer to institutions 
of higher education that offer bacca-
laureate degrees; 
‘‘(iii) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and 
‘‘(iv) the extent to which the entity 
met or exceeded the entity’s objectives re-
garding such students remaining in good 
academic standing. 
‘‘(D) For programs authorized under sec-
tion 402E, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
‘‘(ii) the provision of appropriate 
scholarly and research activities for the 
students served by the program; 
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250 
‘‘(iii) the acceptance and enrollment 
of such students in graduate programs; 
and 
‘‘(iv) the continued enrollment of such 
students in graduate study and the attain-
ment of doctoral degrees by former pro-
gram participants. 
‘‘(E) For programs authorized under sec-
tion 402F, the extent to which the entity met 
or exceeded the entity’s objectives for such pro-
gram regarding— 
‘‘(i) the enrollment of students with-
out a secondary school diploma or its rec-
ognized equivalent, who were served by the 
program, in programs leading to such di-
ploma or equivalent; 
‘‘(ii) the enrollment of secondary 
school graduates who were served by the 
program in programs of postsecondary 
education; 
‘‘(iii) the delivery of service to a total 
number of students, as agreed upon by the 
entity and the Secretary for the period; 
and 
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251 
‘‘(iv) the provision of assistance to 
students served by the program in com-
pleting financial aid applications and col-
lege admission applications. 
‘‘(4) MEASUREMENT OF PROGRESS.—In order 
to determine the extent to which an outcome cri-
terion described in paragraph (2) or (3) is met or 
exceeded, the Secretary shall compare the agreed 
upon target for the criterion, as established in the 
eligible entity’s application approved for funding by 
the Secretary, with the results for the criterion, 
measured as of the last day of the applicable time 
period for the determination for each outcome cri-
teria.’’; 
(6) in subsection (g) (as redesignated by para-
graph (4))— 
(A) in the first sentence, by striking 
‘‘$700,000,000 for fiscal year 1999’’ and all 
that follows through the period and inserting 
‘‘$950,000,000 for fiscal year 2009 and such 
sums for each of the 4 succeeding fiscal years.’’; 
and 
(B) by striking the fourth sentence; and 
(7) in subsection (h) (as redesignated by para-
graph (4))— 
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252 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as paragraphs (3) through (6), re-
spectively; 
(B) by inserting before paragraph (3) (as 
redesignated by subparagraph (A)) the fol-
lowing: 
‘‘(1) DIFFERENT CAMPUS.—The term ‘different 
campus’ means a site of an institution of higher edu-
cation that— 
‘‘(A) is geographically apart from the main 
campus of the institution; 
‘‘(B) is permanent in nature; and 
‘‘(C) offers courses in educational pro-
grams leading to a degree, certificate, or other 
recognized educational credential. 
‘‘(2) DIFFERENT POPULATION.—The term ‘dif-
ferent population’ means a group of individuals, with 
respect to whom an eligible entity desires to serve 
through an application for a grant under this chap-
ter, that— 
‘‘(A) is separate and distinct from any 
other population that the entity has applied for 
a grant under this chapter to serve; or 
‘‘(B) while sharing some of the same needs 
as another population that the eligible entity 
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253 
has applied for a grant under this chapter to 
serve, has distinct needs for specialized serv-
ices.’’; 
(C) in paragraph (5) (as redesignated by 
subparagraph (A))— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, any part of 
which occurred after January 31, 
1955,’’; and 
(II) by striking ‘‘or’’ after the 
semicolon; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘after January 
31, 1955,’’; and 
(II) by striking the period at the 
end and inserting a semicolon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) was a member of a reserve component 
of the Armed forces called to active duty for a 
period of more than 180 days; or 
‘‘(D) was a member of a reserve compo-
nent of the Armed Forces who served on active 
duty in support of a contingency operation (as 
that term is defined in section 101(a)(13) of 
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254 
title 10, United States Code) on or after Sep-
tember 11, 2001.’’; and 
(D) in paragraph (6), by striking ‘‘sub-
paragraph (A) or (B) of paragraph (3)’’ and in-
serting ‘‘subparagraph (A), (B), or (C) of para-
graph (5)’’. 
(b) UPWARD BOUND.—Section 402C (20 U.S.C. 
1070a–13) is amended— 
(1) in subsection (b)(11), by inserting ‘‘, includ-
ing mathematics and science preparation,’’ after 
‘‘special services’’; and 
(2) by adding at the end the following: 
‘‘(f) ABSOLUTE PRIORITY PROHIBITED IN UPWARD 
BOUND PROGRAM.—Except as otherwise expressly pro-
vided by amendment to this section, the Secretary shall 
not implement or enforce, and shall rescind, the absolute 
priority for Upward Bound Program participant selection 
and evaluation published by the Department of Education 
in the Federal Register on September 22, 2006 (71 Fed. 
Reg. 55447 et seq.).’’. 
(c) REPORTS, EVALUATIONS, AND GRANTS
FOR 
PROJECT IMPROVEMENT AND DISSEMINATION.—Section 
402H (20 U.S.C. 1070a–18) is amended— 
(1) by striking the section heading and insert-
ing ‘‘REPORTS, EVALUATIONS, AND
GRANTS 
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255 
FOR PROJECT IMPROVEMENT AND DISSEMINA-
TION.’’; 
(2) by redesignating subsections (a) through (c) 
as subsections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redes-
ignated by paragraph (2)) the following: 
‘‘(a) REPORTS
TO
THE
AUTHORIZING
COMMIT-
TEES.—The Secretary shall submit annually, to the au-
thorizing committees, a report that documents the per-
formance of all programs funded under this chapter. The 
report shall— 
‘‘(1) be submitted not later than 24 months 
after the eligible entities receiving funds under this 
chapter are required to report their performance to 
the Secretary; 
‘‘(2) focus on the programs’ performance on the 
relevant outcome criteria determined under section 
402A(f)(4); 
‘‘(3) aggregate individual project performance 
data on the outcome criteria in order to provide na-
tional performance data for each program; 
‘‘(4) include, when appropriate, descriptive 
data, multi-year data, and multi-cohort data; and 
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256 
‘‘(5) include comparable data on the perform-
ance nationally of low-income students, first-genera-
tion students, and students with disabilities.’’; and 
(4) in subsection (b) (as redesignated by para-
graph (2)), by striking paragraph (2) and inserting 
the following: 
‘‘(2) PRACTICES.— 
‘‘(A) IN
GENERAL.—The evaluations de-
scribed in paragraph (1) shall identify institu-
tional, community, and program or project 
practices that are particularly effective in— 
‘‘(i) enhancing the access of low-in-
come individuals and first-generation col-
lege students to postsecondary education; 
‘‘(ii) the preparation of the individuals 
and students for postsecondary education; 
and 
‘‘(iii) fostering the success of the indi-
viduals and students in postsecondary edu-
cation. 
‘‘(B) PRIMARY PURPOSE.—Any evaluation 
conducted under this chapter shall have as its 
primary purpose the identification of particular 
practices that further the achievement of the 
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257 
outcome criteria determined under section 
402A(f)(4). 
‘‘(C) DISSEMINATION AND USE OF EVAL-
UATION
FINDINGS.—The Secretary shall dis-
seminate to eligible entities and make available 
to the public the practices identified under sub-
paragraph (B). The practices may be used by 
eligible entities that receive assistance under 
this chapter after the dissemination. 
‘‘(3) RECRUITMENT.—The Secretary shall not 
require an eligible entity desiring to receive assist-
ance under this chapter to recruit students to serve 
as a control group for purposes of evaluating any 
program or project assisted under this chapter. 
‘‘(4) CONSIDERATION.—When designing an 
evaluation under this subsection, the Secretary shall 
consider— 
‘‘(A) the burden placed upon the program 
participants or the eligible entity; and 
‘‘(B) approval by the institution’s institu-
tional review board.’’. 
(d) 
ADDITIONAL
AMENDMENT
TO 
POSTBACCALAUREATE
ACHIEVEMENT
PROGRAM.—Sec-
tion 402E(d)(2) (as redesignated by subsection (e)(2)) (20 
U.S.C. 1070a–15(d)(2)) is further amended by inserting 
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258 
‘‘, including Native Hawaiians, as defined section 
317(b)(3), and Pacific Islanders’’ after ‘‘graduate edu-
cation’’. 
SEC. 403. GEARUP AMENDMENTS. 
(a) ELIGIBLE
STUDENTS.—Section 404A(a) (20 
U.S.C. 1070a–21(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘, including 
students with disabilities,’’ after ‘‘low-income stu-
dents’’; and 
(2) in paragraph (2)(A), by inserting ‘‘, includ-
ing students with disabilities,’’ after ‘‘secondary 
school students’’. 
(b) AWARD PERIOD; PRIORITY.—Section 404A(b) 
(20 U.S.C. 1070a–21(b)) is amended by striking para-
graph (2) and inserting the following: 
‘‘(2) AWARD
PERIOD.—The Secretary may 
award a grant under this chapter to an eligible enti-
ty described in paragraphs (1) and (2) of subsection 
(c) for 7 years. 
‘‘(3) PRIORITY.—In making awards to eligible 
entities described in subsection (c)(1), the Secretary 
shall— 
‘‘(A) give priority to eligible entities that— 
‘‘(i) on the day before the date of en-
actment of the College Opportunity and 
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Affordability Act of 2007, carried out suc-
cessful educational opportunity programs 
under this chapter (as this chapter was in 
effect on such day); and 
‘‘(ii) have a prior, demonstrated com-
mitment to early intervention leading to 
college access through collaboration and 
replication of successful strategies; and 
‘‘(B) ensure that students served under 
this chapter on the day before the date of en-
actment of the College Opportunity and Afford-
ability Act of 2007 continue to receive assist-
ance through the completion of secondary 
school.’’. 
(c) REQUIREMENTS: CONTINUITY OF SERVICES.— 
(1) COHORT
APPROACH.—Section 404B(g)(1) 
(20 U.S.C. 1070a–22(g)(1)) is amended— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (A); 
(B) in subparagraph (B)— 
(i) by inserting ‘‘and provide the op-
tion of continued services through the stu-
dent’s first year of attendance at an insti-
tution of higher education’’ after ‘‘grade 
level’’; and 
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260 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) provide services under this chapter to 
students who have received services under a 
previous GEAR UP grant award but have not 
yet completed the 12th grade.’’. 
(2) EARLY INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(A) in subsection (a)(1)(B)— 
(i) by striking ‘‘and’’ at the end of 
clause (ii); 
(ii) by striking the period at the end 
of clause (iii) and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new clause: 
‘‘(iv) the transition to college or post- 
secondary education through continuity of 
services to support students in and 
through the first year of attendance at an 
institution of higher education.’’; 
(B) in subsection (b)(2)(A)— 
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261 
(i) by inserting ‘‘and students in the 
first year of attendance at an institution of 
higher education’’ after ‘‘grade 12’’; 
(ii) by striking ‘‘and’’ at the end of 
clause (i); 
(iii) by striking the period at the end 
of clause (ii) and inserting ‘‘; and’’; and 
(iv) by adding at the end the following 
new clause: 
‘‘(iii) may include special programs or 
tutoring in science, technology, engineer-
ing, or mathematics.’’; and 
(C) in subsection (c), by inserting ‘‘, and 
may consider students in their first year of at-
tendance at an institution,’’ after ‘‘grade 12’’. 
(d) FLEXIBILITY IN MEETING MATCHING REQUIRE-
MENTS.—Section 404C (20 U.S.C. 1070a–23) is amend-
ed— 
(1) in subsection (b)— 
(A) in paragraph (1)(A), by inserting ‘‘and 
accrued over the full duration of the grant 
award period’’ after ‘‘in cash or in kind’’; 
(B) in paragraph (2), by adding at the end 
the following new sentence: ‘‘Eligible entities 
may request a reduced match percentage at the 
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262 
time of application or by petition subsequent to 
a grant award, provided that an eligible entity 
can demonstrate a change in circumstances that 
was unknown at the time of application.’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) ADDITIONAL SPECIAL RULE.—To encour-
age eligible entities described in 404A(c) to provide 
students under this chapter with financial assistance 
for post-secondary education, each dollar of non- 
Federal funds obligated under subsection (c)(1) and 
(c)(2) shall, for purposes of paragraph (1)(A) of this 
subsection, be treated as 2 dollars.’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘paid to 
students from State, local, institutional, or pri-
vate funds under this chapter’’ and inserting 
‘‘obligated to students from state, local, institu-
tional, or private funds under this chapter, in-
cluding pre-existing , non-federal financial as-
sistance programs’’; 
(B) by striking ‘‘and’’ at the end of para-
graph (2); 
(C) by striking the period at the end of 
paragraph (3); and 
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263 
(D) by adding at the end the following new 
paragraph: 
‘‘(4) other resources recognized by the Sec-
retary, including equipment and supplies, cash con-
tribution from non-Federal sources, transportation 
expenses, in-kind or discounted program services, in-
direct costs, and facility usage.’’. 
(e) EARLY
INTERVENTION.—Section 404D (20 
U.S.C. 1070a–24) is amended— 
(1) in subsection (b)(2)(A)(ii), by striking ‘‘and 
academic counseling’’ and inserting ‘‘, academic 
counseling, and financial literacy and economic lit-
eracy education or counseling’’; 
(2) in subsection (b)(2), by adding at the end 
the following new subparagraphs: 
‘‘(F) Fostering and improving parent and 
family involvement in elementary and secondary 
education by promoting the advantages of a col-
lege education, and emphasizing academic ad-
mission requirements and the need to take col-
lege preparation courses, through parent en-
gagement and leadership activities. 
‘‘(G) Engaging entities described in section 
404A(c)(2)(C) in a collaborative manner to pro-
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264 
vide matching resources and participate in 
other activities authorized under this section. 
‘‘(H) Disseminating information that pro-
motes the importance of higher education, ex-
plains college preparation and admission re-
quirements, and raises awareness of the re-
sources and services provided by the eligible en-
tities described in section 404A(c) to eligible 
students, their families, and communities.’’; and 
(3) by adding at the end of subsection (b) the 
following new paragraph: 
‘‘(3) ADDITIONAL PERMISSIBLE ACTIVITIES FOR 
STATES.—In meeting the requirements of subsection 
(a), an eligible entity described in section 404A(c) 
(1) receiving funds under this chapter may, in addi-
tion to the activities authorized by paragraph (2), 
use funds to provide technical assistance to— 
‘‘(A) middle schools or secondary schools 
that are located within the State; or 
‘‘(B) partnerships described in section 
404A(c)(2) that are located within the State.’’. 
(f) SCHOLARSHIP COMPONENT.—Section 404E (20 
U.S.C. 1070a–25) is amended— 
(1) in subsection (a)(1), by inserting ‘‘to sup-
plement aid for which they are regularly eligible’’ 
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265 
after ‘‘shall establish or maintain a financial assist-
ance program that awards scholarships to students’’; 
(2) in subsection (a)(2), by inserting ‘‘to sup-
plement aid for which they are regularly eligible’’ 
after ‘‘An eligible entity described in section 
404A(c)(2) may award scholarships to students’’; 
and 
(3) in subsection (b)(2), by striking ‘‘the max-
imum Federal Pell Grant’’ and inserting ‘‘the min-
imum Federal Pell Grant’’. 
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 
404H (20 U.S.C. 1070a–31) is amended by striking 
‘‘$200,000,000 for fiscal year 1999 and such sums as may 
be necessary for each of the 4 succeeding fiscal years’’ and 
inserting ‘‘$400,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years’’. 
SEC. 404. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLAR-
SHIPS. 
Chapter 3 of subpart 1 of part A of title IV (20 
U.S.C. 1070a–31 et seq.) is repealed. 
SEC. 405. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPOR-
TUNITY GRANTS. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended by strik-
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266 
ing ‘‘$675,000,000 for fiscal year 1999’’ and inserting 
‘‘$875,000,000 for fiscal year 2009’’. 
(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Sec-
tion 413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is 
amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 
SEC. 406. GRANTS FOR ACCESS AND PERSISTENCE. 
(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 nec-
essary for each of the 4 succeeding 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 FOR LEVERAGING EDUCATIONAL 
ASSISTANCE PARTNERSHIP PROGRAMS.—Section 415C(b) 
(20 U.S.C. 1070c–2(b)) is amended— 
(1) in paragraph (2), by striking ‘‘$5,000’’ and 
inserting ‘‘$12,500’’; 
(2) in paragraph (9), by striking ‘‘and’’ after 
the semicolon; 
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267 
(3) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(11) provides notification to eligible students 
that such grants are— 
‘‘(A) Leveraging Educational Assistance 
Partnership Grants; and 
‘‘(B) funded by the Federal Government 
and the State.’’. 
(c) GRANTS FOR ACCESS AND PERSISTENCE.—Sec-
tion 415E (20 U.S.C. 1070c–3a) is amended to read as 
follows: 
‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 
‘‘(a) PURPOSE.—It is the purpose of this section to 
expand college access and increase college persistence by 
making allotments to States to enable the States to— 
‘‘(1) expand and enhance partnerships with in-
stitutions of higher education, early information and 
intervention, mentoring, or outreach programs, pri-
vate corporations, philanthropic organizations, and 
other interested parties to carry out activities under 
this section and to provide coordination and cohesion 
among Federal, State, and local governmental and 
private efforts that provide financial assistance to 
help low-income students attend college; 
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268 
‘‘(2) provide need-based access and persistence 
grants to eligible low-income students; 
‘‘(3) provide early notification to low-income 
students of their eligibility for financial aid; and 
‘‘(4) encourage increased participation in early 
information and intervention, mentoring, or outreach 
programs. 
‘‘(b) ALLOTMENTS TO STATES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—From sums re-
served under section 415A(b)(2) for each fiscal 
year, the Secretary shall make an allotment to 
each State that submits an application for an 
allotment in accordance with subsection (c) to 
enable the State to pay the Federal share of the 
cost of carrying out the activities under sub-
section (d). 
‘‘(B) DETERMINATION OF ALLOTMENT.— 
In making allotments under subparagraph (A), 
the Secretary shall consider the following: 
‘‘(i) CONTINUATION OF AWARD.—If a 
State continues to meet the specifications 
established in its application under sub-
section (c), the Secretary shall make an al-
lotment to such State that is not less than 
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269 
the allotment made to such State for the 
previous fiscal year. 
‘‘(ii) PRIORITY.—The Secretary shall 
give priority in making allotments to 
States that meet the requirements under 
paragraph (2)(B)(ii). 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of 
the cost of carrying out the activities under 
subsection (d) for any fiscal year shall not ex-
ceed 66.66 percent. 
‘‘(B) 
DIFFERENT
PERCENTAGES.—The 
Federal share under this section shall be deter-
mined in accordance with the following: 
‘‘(i) If a State applies for an allot-
ment under this section in partnership 
with any number of degree granting insti-
tutions of higher education in the State 
whose combined full-time enrollment rep-
resents less than a majority of all students 
attending institutions of higher education 
in the State, and philanthropic organiza-
tions that are located in, or that provide 
funding in, the State or private corpora-
tions that are located in, or that do busi-
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270 
ness in, the State, then the Federal share 
of the cost of carrying out the activities 
under subsection (d) shall be equal to 57 
percent. 
‘‘(ii) If a State applies for an allot-
ment under this section in partnership 
with any number of degree granting insti-
tutions of higher education in the State 
whose combined full-time enrollment rep-
resents a majority of all students attending 
institutions of higher education in the 
State, philanthropic organizations that are 
located in, or that provide funding in, the 
State, and private corporations that are lo-
cated in, or that do business in, the State, 
then the Federal share of the cost of car-
rying out the activities under subsection 
(d) shall be equal to 66.66 percent. 
‘‘(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 subparagraph, an in kind 
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271 
contribution is a non-cash contribution 
that— 
‘‘(I) has monetary value, such as 
the provision of— 
‘‘(aa) room and board; or 
‘‘(bb) transportation passes; 
and 
‘‘(II) helps a student meet the 
cost of attendance at an institution of 
higher education. 
‘‘(iii) EFFECT ON NEEDS ANALYSIS.— 
For the purpose of calculating a student’s 
need in accordance with part F, an in kind 
contribution described in clause (ii) shall 
not be considered an asset or income of the 
student or the student’s parent. 
‘‘(c) APPLICATION FOR ALLOTMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) SUBMISSION.—A State that desires 
to receive an allotment under this section shall 
submit an application to the Secretary at such 
time, in such manner, and containing such in-
formation as the Secretary may require. 
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272 
‘‘(B) CONTENT.—An application submitted 
under subparagraph (A) shall include the fol-
lowing: 
‘‘(i) A description of the State’s plan 
for using the allotted funds. 
‘‘(ii) Assurances that the State will 
provide matching funds, in cash or in kind, 
from State, institutional, philanthropic, or 
private funds, of not less than 33.33 per-
cent of the cost of carrying out the activi-
ties under subsection (d). The State shall 
specify the methods by which matching 
funds will be paid and include provisions 
designed to ensure that funds provided 
under this section will be used to supple-
ment, and not supplant, Federal and non- 
Federal funds available for carrying out 
the activities under this title. A State that 
uses non-Federal funds to create or expand 
existing partnerships with nonprofit orga-
nizations or community-based organiza-
tions in which such organizations match 
State funds for student scholarships, may 
apply such matching funds from such or-
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273 
ganizations toward fulfilling the State’s 
matching obligation under this clause. 
‘‘(iii) Assurances that early informa-
tion and intervention, mentoring, or out-
reach programs exist within the State or 
that there is a plan to make such pro-
grams widely available. 
‘‘(iv) A description of the organiza-
tional structure that the State has in place 
to administer the activities under sub-
section (d). 
‘‘(v) A description of the steps the 
State will take to ensure students who re-
ceive grants under this section persist to 
degree completion. 
‘‘(vi) Assurances that the State has a 
method in place, such as acceptance of the 
automatic zero expected family contribu-
tion determination described in section 
479(c), to identify eligible low-income stu-
dents and award State grant aid to such 
students. 
‘‘(vii) Assurances that the State will 
provide notification to eligible low-income 
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274 
students that grants under this section 
are— 
‘‘(I) Leveraging Educational As-
sistance Partnership Grants; and 
‘‘(II) funded by the Federal Gov-
ernment and the State. 
‘‘(2) STATE AGENCY.—The State agency that 
submits an application for a State under section 
415C(a) shall be the same State agency that sub-
mits an application under paragraph (1) for such 
State. 
‘‘(3) PARTNERSHIP.—In applying for an allot-
ment under this section, the State agency shall apply 
for the allotment in partnership with— 
‘‘(A) not less than one public and one pri-
vate degree granting institution of higher edu-
cation that are located in the State; 
‘‘(B) new or existing early information and 
intervention, mentoring, or outreach programs 
located in the State; and 
‘‘(C) not less than one— 
‘‘(i) philanthropic organization located 
in, or that provides funding in, the State; 
or 
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275 
‘‘(ii) private corporation located in, or 
that does business in, the State. 
‘‘(4) ROLES OF PARTNERS.— 
‘‘(A) STATE
AGENCY.—A State agency 
that is in a partnership receiving an allotment 
under this section— 
‘‘(i) shall— 
‘‘(I) serve as the primary admin-
istrative unit for the partnership; 
‘‘(II) 
provide 
or 
coordinate 
matching funds, and coordinate activi-
ties among partners; 
‘‘(III) encourage each institution 
of higher education in the State to 
participate in the partnership; 
‘‘(IV) make determinations and 
early notifications of assistance as de-
scribed under subsection (d)(2); and 
‘‘(V) annually report to the Sec-
retary on the partnership’s progress 
in meeting the purpose of this section; 
and 
‘‘(ii) may provide early information 
and intervention, mentoring, or outreach 
programs. 
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276 
‘‘(B) DEGREE GRANTING INSTITUTIONS OF 
HIGHER EDUCATION.—A degree granting insti-
tution of higher education that is in a partner-
ship receiving an allotment under this section— 
‘‘(i) shall— 
‘‘(I) recruit and admit partici-
pating qualified students and provide 
such additional institutional grant aid 
to participating students as agreed to 
with the State agency; 
‘‘(II) provide support services to 
students who receive an access and 
persistence grant under this section 
and are enrolled at such institution; 
and 
‘‘(III) assist the State in the 
identification of eligible students and 
the dissemination of early notifica-
tions of assistance as agreed to with 
the State agency; and 
‘‘(ii) may provide funding for early in-
formation and intervention, mentoring, or 
outreach programs or provide such services 
directly. 
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277 
‘‘(C) PROGRAMS.—An early information 
and intervention, mentoring, or outreach pro-
gram that is in a partnership receiving an allot-
ment under this section shall provide direct 
services, support, and information to partici-
pating students. 
‘‘(D) PHILANTHROPIC
ORGANIZATION
OR 
PRIVATE CORPORATION.—A philanthropic orga-
nization or private corporation that is in a part-
nership receiving an allotment under this sec-
tion shall provide funds for access and persist-
ence grants for participating students, or pro-
vide funds or support for early information and 
intervention, mentoring, or outreach programs. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) 
ESTABLISHMENT
OF
PARTNER-
SHIP.—Each State receiving an allotment under 
this section shall use the funds to establish a 
partnership to award access and persistence 
grants to eligible low-income students in order 
to increase the amount of financial assistance 
such students receive under this subpart for un-
dergraduate education expenses. 
‘‘(B) AMOUNT.— 
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278 
‘‘(i) PARTNERSHIPS
WITH
INSTITU-
TIONS SERVING LESS THAN A MAJORITY 
OF STUDENTS IN THE STATE.— 
‘‘(I) IN GENERAL.—In the case 
where a State receiving an allotment 
under this section is in a partnership 
described in subsection (b)(2)(B)(i), 
the amount of an access and persist-
ence grant awarded by such State 
shall be not less than the amount that 
is equal to the average undergraduate 
tuition and mandatory fees at 4-year 
public institutions of higher education 
in the State where the student resides 
(less any other Federal or State spon-
sored grant amount, college work 
study 
amount, 
and 
scholarship 
amount received by the student) and 
such amount shall be used toward the 
cost of attendance at an institution of 
higher education, located in the State, 
that is a partner in the partnership. 
‘‘(II) COST OF ATTENDANCE.—A 
State that has a program, apart from 
the partnership under this section, of 
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279 
providing eligible low-income students 
with grants that are equal to the aver-
age undergraduate tuition and man-
datory fees at 4-year public institu-
tions of higher education in the State, 
may increase the amount of access 
and persistence grants awarded by 
such State up to an amount that is 
equal to the average cost of attend-
ance at 4-year public institutions of 
higher education in the State (less 
any other Federal or State sponsored 
grant amount, college work study 
amount, and scholarship amount re-
ceived by the student). 
‘‘(ii) PARTNERSHIP
WITH
INSTITU-
TIONS
SERVING
THE
MAJORITY
OF
STU-
DENTS IN THE STATE.—In the case where 
a State receiving an allotment under this 
section is in a partnership described in 
subsection (b)(2)(B)(ii), the amount of an 
access and persistence grant awarded by 
such State shall be not less than the aver-
age cost of attendance at 4-year public in-
stitutions of higher education in the State 
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280 
where the student resides (less any other 
Federal or State sponsored grant amount, 
college work study amount, and scholar-
ship amount received by the student) and 
such amount shall be used by the student 
to attend an institution of higher edu-
cation, located in the State, that is a part-
ner in the partnership. 
‘‘(2) EARLY NOTIFICATION.— 
‘‘(A) IN GENERAL.—Each State receiving 
an allotment under this section shall annually 
notify low-income students (such as students 
who are eligible to receive a free lunch under 
the school lunch program established under the 
Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.)) in grade 7 through 
grade 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 edu-
cation. 
‘‘(B) CONTENT OF NOTICE.—The notifica-
tion under subparagraph (A)— 
‘‘(i) shall include— 
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281 
‘‘(I) information about early in-
formation 
and 
intervention, 
men-
toring, or outreach programs available 
to the student; 
‘‘(II) information that a stu-
dent’s candidacy for an access and 
persistence grant is enhanced through 
participation in an early information 
and intervention, mentoring, or out-
reach program; 
‘‘(III) an explanation that stu-
dent and family eligibility and partici-
pation in other Federal means-tested 
programs may indicate eligibility for 
an access and persistence grant and 
other student aid programs; 
‘‘(IV) a nonbinding estimation of 
the total amount of financial aid a 
low-income student with a similar in-
come level may expect to receive, in-
cluding an estimation of the amount 
of an access and persistence grant 
and an estimation of the amount of 
grants, loans, and all other available 
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282 
types of aid from the major Federal 
and State financial aid programs; 
‘‘(V) an explanation that in order 
to be eligible for an access and per-
sistence grant, at a minimum, a stu-
dent shall meet the requirement under 
paragraph (3), graduate from sec-
ondary school, and enroll at an insti-
tution of higher education that is a 
partner in the partnership; 
‘‘(VI) information on any addi-
tional requirements (such as a student 
pledge detailing student responsibil-
ities) that the State may impose for 
receipt of an access and persistence 
grant under this section; and 
‘‘(VII) instructions on how to 
apply for an access and persistence 
grant and an explanation that a stu-
dent is required to file a Free Applica-
tion for Federal Student Aid author-
ized under section 483(a) to be eligi-
ble for such grant and assistance from 
other Federal and State financial aid 
programs; and 
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283 
‘‘(ii) may include a disclaimer that ac-
cess and persistence grant awards are con-
tingent upon— 
‘‘(I) a determination of the stu-
dent’s financial eligibility at the time 
of the student’s enrollment at an in-
stitution of higher education that is a 
partner in the partnership; 
‘‘(II) annual Federal and State 
appropriations; and 
‘‘(III) other aid received by the 
student at the time of the student’s 
enrollment at an institution of higher 
education that is a partner in the 
partnership. 
‘‘(3) ELIGIBILITY.—In determining which stu-
dents are eligible to receive access and persistence 
grants, the State shall ensure that each such student 
meets not less than one of the following: 
‘‘(A) Meets not less than 2 of the following 
criteria, with priority given to students meeting 
all of the following criteria: 
‘‘(i) Has an expected family contribu-
tion equal to zero (as described in section 
479) or a comparable alternative based 
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284 
upon the State’s approved criteria in sec-
tion 415C(b)(4). 
‘‘(ii) Has qualified for a free lunch, or 
at the State’s discretion a reduced price 
lunch, under the school lunch program es-
tablished under the Richard B. Russell Na-
tional School Lunch Act. 
‘‘(iii) Qualifies for the State’s max-
imum undergraduate award, as authorized 
under section 415C(b). 
‘‘(iv) Is participating in, or has par-
ticipated in, a Federal, State, institutional, 
or community early information and inter-
vention, mentoring, or outreach program, 
as recognized by the State agency admin-
istering activities under this section. 
‘‘(B) Is receiving, or has received, an ac-
cess and persistence grant under this section, in 
accordance with paragraph (5). 
‘‘(4) GRANT AWARD.—Once a student, includ-
ing a student who has received early notification 
under paragraph (2) from the State, applies for ad-
mission to an institution that is a partner in the 
partnership, files a Free Application for Federal 
Student Aid and any related State form, and is de-
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286 
‘‘(f) STATUTORY AND REGULATORY RELIEF FOR IN-
STITUTIONS
OF HIGHER EDUCATION.—The Secretary 
may grant, upon the request of an institution of higher 
education that is in a partnership described in subsection 
(b)(2)(B)(ii) and that receives an allotment under this sec-
tion, a waiver for such institution from statutory or regu-
latory requirements that inhibit the ability of the institu-
tion to successfully and efficiently participate in the activi-
ties of the partnership. 
‘‘(g) APPLICABILITY RULE.—The provisions of this 
subpart which are not inconsistent with this section shall 
apply to the program authorized by this section. 
‘‘(h) MAINTENANCE OF EFFORT REQUIREMENT.— 
Each State receiving an allotment under this section for 
a fiscal year shall provide the Secretary an assurance that 
the aggregate amount expended per student or the aggre-
gate expenditures by the State, from funds derived from 
non-Federal sources, for the authorized activities de-
scribed in subsection (d) for the preceding fiscal year were 
not less than the amount expended per student or the ag-
gregate expenditure by the State for the activities for the 
second preceding fiscal year. 
‘‘(i) SPECIAL RULE.—Notwithstanding subsection 
(h), for purposes of determining a State’s share of the cost 
of the authorized activities described in subsection (d), the 
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287 
State shall consider only those expenditures from non- 
Federal sources that exceed its total expenditures for 
need-based grants, scholarships, and work-study assist-
ance for fiscal year 1999 (including any such assistance 
provided under this subpart). 
‘‘(j) REPORTS.—Not later than 3 years after the date 
of enactment of the College Opportunity and Affordability 
Act of 2007, and annually thereafter, the Secretary shall 
submit a report describing the activities and the impact 
of the partnerships under this section to the authorizing 
committees.’’. 
(d) CONTINUATION AND TRANSITION.—During the 
2-year period commencing on the date of enactment of this 
Act, the Secretary shall continue to award grants under 
section 415E of the Higher Education Act of 1965 (20 
U.S.C. 1070c–3a), as such section existed on the day be-
fore the date of enactment of this Act, to States that 
choose to apply for grants under such predecessor section. 
(e) IMPLEMENTATION
AND EVALUATION.—Section 
491(j) (20 U.S.C. 1098(j)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after 
the semicolon; 
(2) by redesignating paragraph (5) as para-
graph (6); and 
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288 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) not later than 6 months after the date of 
enactment of the College Opportunity and Afford-
ability Act of 2007, advise the Secretary on means 
to implement the activities under section 415E, and 
the Advisory Committee shall continue to monitor, 
evaluate, 
and 
make 
recommendations 
on 
the 
progress of partnerships that receive allotments 
under such section; and’’. 
SEC. 407. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAM-
ILIES ARE ENGAGED IN MIGRANT AND SEA-
SONAL FARMWORK. 
Section 418A (20 U.S.C. 1070d–2) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(B)(i), by striking 
‘‘parents’’ and inserting ‘‘immediate family’’; 
(B) in paragraph (3)(B), by inserting ‘‘(in-
cluding preparation for college entrance exami-
nations)’’ after ‘‘college program’’; 
(C) in paragraph (5), by striking ‘‘weekly’’; 
(D) in paragraph (7), by striking ‘‘and’’ 
after the semicolon; 
(E) in paragraph (8)— 
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289 
(i) by inserting ‘‘(such as transpor-
tation and child care)’’ after ‘‘services’’; 
and 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(9) other activities to improve persistence and 
retention in postsecondary education.’’; 
(2) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘parents’’ and inserting ‘‘immediate fam-
ily’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘to improve place-
ment, persistence, and retention in 
postsecondary education,’’ after ‘‘serv-
ices’’; and 
(II) in clause (i), by striking 
‘‘and career’’ and inserting ‘‘career, 
and economic education or personal fi-
nance’’; 
(iii) in subparagraph (E), by striking 
‘‘and’’ after the semicolon; 
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290 
(iv) by redesignating subparagraph 
(F) as subparagraph (G); 
(v) by inserting after subparagraph 
(E) the following: 
‘‘(F) internships; and’’; and 
(vi) in subparagraph (G) (as redesig-
nated by clause (iv)), by striking ‘‘support 
services’’ and inserting ‘‘essential sup-
portive services (such as transportation 
and child care)’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘, and 
coordinating such services, assistance, and 
aid with other non-program services, as-
sistance, and aid, including services, assist-
ance, and aid provided by community- 
based organizations, which may include 
mentoring and guidance; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) for students attending 2-year institutions 
of higher education, encouraging the students to 
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291 
transfer to 4-year institutions of higher education, 
where appropriate, and monitoring the rate of trans-
fer of such students.’’; 
(3) in subsection (e), by striking ‘‘section 
402A(c)(1)’’ and inserting ‘‘section 402A(c)(2)’’; 
(4) in subsection (f)— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$150,000’’ and inserting ‘‘$180,000’’; 
(5) by redesignating subsections (g) and (h) as 
subsections (h) and (i), respectively; 
(6) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) RESERVATION OF FUNDS.—From the amounts 
made available under subsection (i), the Secretary may re-
serve not more than a total of 1⁄2 of 1 percent for outreach 
activities, technical assistance, and professional develop-
ment programs relating to the programs under subsection 
(a).’’; 
(7) by striking subsection (h) (as redesignated 
by paragraph (5)) and inserting the following: 
‘‘(h) DATA COLLECTION.—The Commissioner for 
Education Statistics shall— 
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292 
‘‘(1) annually collect data on persons receiving 
services authorized under this subpart regarding 
such persons rates of secondary school graduation, 
entrance into postsecondary education, and comple-
tion of postsecondary education; 
‘‘(2) not less often than once every 2 years, pre-
pare and submit a report based on the most recently 
available data under paragraph (1) to the author-
izing committees; and 
‘‘(3) make such report available to the public.’’; 
and 
(8) in subsection (i) (as redesignated by para-
graph (5))— 
(A) 
in 
paragraph 
(1), 
by 
striking 
‘‘$15,000,000 for fiscal year 1999’’ and all that 
follows through the period and inserting ‘‘such 
sums as may be necessary for fiscal year 2009 
and each of the 4 succeeding fiscal years.’’; and 
(B) 
in 
paragraph 
(2), 
by 
striking 
‘‘$5,000,000 for fiscal year 1999’’ and all that 
follows through the period and inserting ‘‘such 
sums for fiscal year 2009 and each of the 4 
succeeding fiscal years.’’. 
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293 
SEC. 408. ROBERT C. BYRD HONORS SCHOLARSHIP PRO-
GRAM. 
Subpart 6 of part A of title IV is amended to read 
as follows: 
‘‘Subpart 6—Robert C. Byrd American 
Competitiveness Program 
‘‘SEC. 419A. ROBERT C. BYRD MATHEMATICS AND SCIENCE 
HONORS SCHOLARSHIP PROGRAM. 
‘‘(a) PURPOSE.—The purpose of this section is to 
award scholarships to students who are enrolled in studies 
leading to baccalaureate and advanced degrees in physical, 
life, or computer sciences, mathematics, and engineering. 
‘‘(b) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘computer science’ means the 
branch of knowledge or study of computers, includ-
ing such fields of knowledge or study as computer 
hardware, computer software, computer engineering, 
information systems, and robotics; 
‘‘(2) the term ‘eligible student’ means a student 
who— 
‘‘(A) is a citizen of the United States; 
‘‘(B) is selected by the managing agent to 
receive a scholarship; 
‘‘(C) is enrolled full-time in an institution 
of higher education, other than a United States 
service academy; and 
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294 
‘‘(D) has shown a commitment to and is 
pursuing a major in studies leading to a bacca-
laureate, masters, or doctoral degree (or a com-
bination thereof) in physical, life, or computer 
sciences, mathematics, or engineering; 
‘‘(3) the term ‘engineering’ means the science 
by which the properties of matter and the sources of 
energy in nature are made useful to humanity in 
structures, machines, and products, as in the con-
struction of engines, bridges, buildings, mines, and 
chemical plants, including such fields of knowledge 
or study as aeronautical engineering, chemical engi-
neering, civil engineering, electrical engineering, in-
dustrial engineering, materials engineering, manu-
facturing engineering, and mechanical engineering; 
‘‘(4) the term ‘life sciences’ means the branch 
of knowledge or study of living things, including 
such fields of knowledge or study as biology, bio-
chemistry, biophysics, microbiology, genetics, physi-
ology, botany, zoology, ecology, and behavioral biol-
ogy, except that the term does not encompass social 
psychology or the health professions; 
‘‘(5) the term ‘managing agent’ means an enti-
ty to which an award is made under subsection (c) 
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295 
to manage a program of Mathematics and Science 
Honors Scholarships; 
‘‘(6) the term ‘mathematics’ means the branch 
of knowledge or study of numbers and the system-
atic treatment of magnitude, relationships between 
figures and forms, and relations between quantities 
expressed symbolically, including such fields of 
knowledge or study as statistics, applied mathe-
matics, and operations research; and 
‘‘(7) the term ‘physical sciences’ means the 
branch of knowledge or study of the material uni-
verse, including such fields of knowledge or study as 
astronomy, atmospheric sciences, chemistry, earth 
sciences, ocean sciences, physics, and planetary 
sciences. 
‘‘(c) AWARD.— 
‘‘(1)(A) From funds authorized under section 
419F to carry out this section, the Secretary is au-
thorized, through a grant or cooperative agreement, 
to make an award to a private, non-profit organiza-
tion, other than an institution of higher education or 
system of institutions of higher education, to man-
age, through a public and private partnership, a pro-
gram of Mathematics and Science Honors Scholar-
ships under this section. 
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296 
‘‘(B) The award under subparagraph (A) shall 
be for a five-year period. 
‘‘(2)(A) One hundred percent of the funds 
awarded under paragraph (1)(A) for any fiscal year 
shall be obligated and expended solely on scholar-
ships to eligible students. 
‘‘(B) No Federal funds shall be used to provide 
more than 50 percent of the cost of any scholarship 
to an eligible student. 
‘‘(C) The maximum scholarship award shall be 
the difference between an eligible student’s cost of 
attendance minus any non-loan based aid such stu-
dent receives. 
‘‘(3)(A) The secretary may establish— 
‘‘(i) eligibility criteria for applicants for 
managing agent, including criteria regarding fi-
nancial and administrative capability; and 
‘‘(ii) operational standards for the man-
aging agent, including management and per-
formance requirements, such as audit, record-
keeping, record retention, and reporting proce-
dures and requirements. 
‘‘(B) The Secretary, as necessary, may review 
and revise any criteria, standards, and rules estab-
lished under this paragraph and, through the agree-
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297 
ment with the managing agent, see that any revi-
sions are implemented. 
‘‘(4) If the managing agent fails to meet the re-
quirements of this section the Secretary may termi-
nate the award to the managing agent. 
‘‘(5) The Secretary shall conduct outreach ef-
forts to help raise awareness of the Mathematics and 
Science Honors Scholarships. 
‘‘(d) DUTIES OF THE MANAGING AGENT.—The man-
aging agent shall— 
‘‘(1) develop criteria to award Mathematics and 
Science Honors Scholarships based on established 
measurements available to secondary students who 
wish to pursue degrees in physical, life, or computer 
sciences, mathematics, and engineering; 
‘‘(2) establish a Mathematics and Science Hon-
ors Scholarship Fund in a separate, named account 
that clearly discloses the amount of Federal and 
non-Federal funds deposited in the account and used 
for scholarships under this section; 
‘‘(3) solicit funds for scholarships and for the 
administration of the program from non-Federal 
sources; 
‘‘(4) solicit applicants for scholarships; 
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298 
‘‘(5) from the amounts in the Fund, award 
scholarships to eligible students and transfer such 
funds to the institutions of higher education that 
they attend; 
‘‘(6) annually submit to the Secretary a finan-
cial audit and a report on the progress of the pro-
gram, and such other documents as the Secretary 
may require to determine the effective management 
of the program; and 
‘‘(7) shall not develop a criteria that discrimi-
nates against a student based on the type of pro-
gram in which the student completed his or her sec-
ondary education. 
‘‘(e) APPLICATIONS.— 
‘‘(1) Any eligible entity that desires to be the 
managing agent under this section shall submit an 
application to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire. 
‘‘(2) Each application shall include a descrip-
tion of— 
‘‘(A) how the applicant meets or will meet 
requirements established under subsections 
(c)(3)(A) and (d); 
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299 
‘‘(B) how the applicant will solicit funds 
for scholarships and for the administration of 
the program from non-Federal sources; 
‘‘(C) how the applicant will provide nation-
wide outreach to inform students about the pro-
gram and to encourage students to pursue de-
grees in physical, life, or computer sciences, 
mathematics, and engineering; 
‘‘(D) how the applicant will solicit applica-
tions for scholarships, including how the appli-
cant will balance efforts in urban and rural 
areas; 
‘‘(E) the selection criteria based on estab-
lished measurements available to secondary stu-
dents the applicant will use to award scholar-
ships and to renew those awards; 
‘‘(F) how the applicant will inform the in-
stitution of higher education chosen by the re-
cipient of the name and scholarship amount of 
the recipient; 
‘‘(G) what procedures and assurances the 
applicant and the institution of higher edu-
cation that the recipient attends will use to 
verify student eligibility, attendance, degree 
progress, and academic performance and to de-
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300 
liver and account for payments to such institu-
tion; 
‘‘(H) the management (including audit and 
accounting) procedures the applicant will use 
for the program; 
‘‘(I) the human, financial, and other re-
sources that the applicant will need and use to 
manage the program; 
‘‘(J) how the applicant will evaluate the 
program and report to the Secretary annually; 
and 
‘‘(K) a description of how the entity will 
coordinate with, complement, and build on simi-
lar public and private mathematics and science 
programs. 
‘‘(f) SCHOLARSHIP RECIPIENTS.— 
‘‘(1) A student receiving a scholarship under 
this section shall be known as a ‘Byrd Mathematics 
and Science Honors Scholar’. 
‘‘(2) Any student desiring to receive a scholar-
ship under this section shall submit an application 
to the managing agent in such form, and containing 
such information, as the managing agent may re-
quire. 
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301 
‘‘(3) Any student that receives a scholarship 
under this section shall enter into an agreement with 
the managing agent to complete 5 consecutive years 
of service to begin no later than 12 months following 
completion of the final degree in a position related 
to the field in which the student obtained the degree. 
‘‘(4) If any student that receives a scholarship 
under this section fails to earn at least a bacca-
laureate degree in physical, life, or computer 
sciences, mathematics, or engineering as defined 
under this section, the student shall repay to the 
managing agent the amount of any financial assist-
ance paid to such student. 
‘‘(5) If any student that receives a scholarship 
under this section fails to meet the requirements of 
paragraph (3), the student shall repay to the man-
aging agent the amount of any financial assistance 
paid to such student. 
‘‘(6)(A) Scholarships shall be awarded for only 
one academic year of study at a time. 
‘‘(B)(i) A scholarship shall be renewable on an 
annual basis for the established length of the aca-
demic program if the student awarded the scholar-
ship remains eligible. 
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302 
‘‘(ii) The managing agent may condition re-
newal of a scholarship on measures of academic 
progress and achievement, with the approval of the 
Secretary. 
‘‘(C)(i) If a student fails to either remain eligi-
ble or meet established measures of academic 
progress and achievement, the managing agent shall 
instruct the student’s institution of higher education 
to suspend payment of the student’s scholarship. 
‘‘(ii) A suspension of payment shall remain in 
effect until the student is able to demonstrate to the 
satisfaction of the managing agent that he or she is 
again eligible and meets the established measures of 
academic progress and achievement. 
‘‘(iii) A student’s eligibility for a scholarship 
shall be terminated if a suspension period exceeds 
12 months. 
‘‘(D)(i)(I) A student awarded a scholarship 
may, in a manner and under the terms established 
by, and with the approval of, the managing agent, 
postpone or interrupt his or her enrollment at an in-
stitution of higher education for up to 12 months. 
‘‘(II) Such a postponement or interruption shall 
not be considered a suspension for purposes of sub-
paragraph (C). 
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303 
‘‘(ii) Neither a student nor the student’s insti-
tution of higher education shall receive the student’s 
scholarship payments during the period of postpone-
ment or interruption, but such payments shall re-
sume upon enrollment or reenrollment. 
‘‘(iii) In exceptional circumstances, such as seri-
ous injury or illness or the necessity to care for fam-
ily members, the student’s postponement or inter-
ruption may, upon notification and approval of the 
managing agent, be extended beyond the 12 month 
period described in clause (i)(I). 
‘‘(g) RESPONSIBILITIES OF INSTITUTION OF HIGHER 
EDUCATION.— 
‘‘(1) The managing agent shall require any in-
stitution of higher education that enrolls a student 
who receives a scholarship under this section to an-
nually provide an assurance, prior to making any 
payment, that the student— 
‘‘(A) is eligible in accordance with sub-
section (b)(2); and 
‘‘(B) has provided the institution with a 
written commitment to attend, or is attending, 
classes and is satisfactorily meeting the institu-
tion’s academic criteria for enrollment in its 
program of study. 
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‘‘(2)(A) The managing agent shall provide the 
institution of higher education with payments from 
the Fund for selected recipients in at least two in-
stallments. 
‘‘(B) An institution of higher education shall re-
turn prorated amounts of any scholarship payment 
to the managing agent, who shall deposit it in to the 
Fund, if a recipient declines a scholarship, does not 
attend courses, transfers to another institution of 
higher education, or becomes ineligible for a scholar-
ship. 
‘‘SEC. 419B. MATHEMATICS AND SCIENCE INCENTIVE PRO-
GRAM. 
‘‘(a) PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to carry out a program of assuming the obligation 
to pay, pursuant to the provisions of this section, the 
interest on a loan made, insured, or guaranteed 
under part B or D of this title. 
‘‘(2) ELIGIBILITY.—The Secretary may assume 
interest payments under paragraph (1) only for a 
borrower who— 
‘‘(A) has submitted an application in com-
pliance with subsection (d); 
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‘‘(B) obtained one or more loans described 
in paragraph (1) as an undergraduate student; 
‘‘(C) is a new borrower (within the mean-
ing of section 103(7) of this Act) on or after 
the date of enactment of the College Oppor-
tunity and Affordability Act of 2007; 
‘‘(D) is a highly qualified teacher (as de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965) of science, 
technology, engineering or mathematics at an 
elementary or secondary school in a high need 
local educational agency, or is a mathematics, 
science, or engineering professional; and 
‘‘(E) enters into an agreement with the 
Secretary to complete 5 consecutive years of 
service in a position described in subparagraph 
(D), starting on the date of the agreement. 
‘‘(3) PRIOR INTEREST LIMITATIONS.—The Sec-
retary shall not make any payments for interest 
that— 
‘‘(A) accrues prior to the beginning of the 
repayment period on a loan in the case of a 
loan made under section 428H or a Federal Di-
rect Unsubsidized Stafford Loan; or 
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306 
‘‘(B) has accrued prior to the signing of an 
agreement under paragraph (2)(E). 
‘‘(4) INITIAL SELECTION.—In selecting partici-
pants for the program under this section, the Sec-
retary— 
‘‘(A) shall choose among eligible applicants 
on the basis of— 
‘‘(i) the national security, homeland 
security, and economic security needs of 
the United States, as determined by the 
Secretary, in consultation with other Fed-
eral agencies, including the Departments 
of Labor, Defense, Homeland Security, 
Commerce, and Energy, the Central Intel-
ligence Agency, and the National Science 
Foundation; and 
‘‘(ii) the academic record or job per-
formance of the applicant; and 
‘‘(B) may choose among eligible applicants 
on the basis of— 
‘‘(i) the likelihood of the applicant to 
complete the 5-year service obligation; 
‘‘(ii) the likelihood of the applicant to 
remain in science, mathematics, or engi-
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307 
neering after the completion of the service 
requirement; or 
‘‘(iii) other relevant criteria deter-
mined by the Secretary. 
‘‘(5) AVAILABILITY
SUBJECT
TO
APPROPRIA-
TIONS.—Loan interest payments under this section 
shall be subject to the availability of appropriations. 
If the amount appropriated for any fiscal year is not 
sufficient to provide interest payments on behalf of 
all qualified applicants, the Secretary shall give pri-
ority to those individuals on whose behalf interest 
payments were made during the preceding fiscal 
year. 
‘‘(6) REGULATIONS.—The Secretary is author-
ized to prescribe such regulations as may be nec-
essary to carry out the provisions of this section. 
‘‘(b) DURATION AND AMOUNT OF INTEREST PAY-
MENTS.—The period during which the Secretary shall pay 
interest on behalf of a student borrower who is selected 
under subsection (a) is the period that begins on the effec-
tive date of the agreement under subsection (a)(2)(E), 
continues after successful completion of the service obliga-
tion, and ends on the earlier of— 
‘‘(1) the completion of the repayment period of 
the loan; 
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308 
‘‘(2) payment by the Secretary of a total of 
$5,000 on behalf of the borrower; 
‘‘(3) if the borrower ceases to fulfill the service 
obligation under such agreement prior to the end of 
the 5-year period, as soon as the borrower is deter-
mined to have ceased to fulfill such obligation in ac-
cordance with regulations of the Secretary; or 
‘‘(4) 6 months after the end of any calendar 
year in which the borrower’s gross income equals or 
exceeds 4 times the national per capita disposable 
personal income (current dollars) for such calendar 
year, as determined on the basis of the National In-
come and Product Accounts Tables of the Bureau of 
Economic Analysis of the Department of Commerce, 
as determined in accordance with regulations pre-
scribed by the Secretary. 
‘‘(c) REPAYMENT TO ELIGIBLE LENDERS.—Subject 
to the regulations prescribed by the Secretary by regula-
tion under subsection (a)(6), the Secretary shall pay to 
each eligible lender or holder for each payment period the 
amount of the interest that accrues on a loan of a student 
borrower who is selected under subsection (a). 
‘‘(d) APPLICATION FOR REPAYMENT.— 
‘‘(1) IN GENERAL.—Each eligible individual de-
siring loan interest payment under this section shall 
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309 
submit a complete and accurate application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(2) FAILURE TO COMPLETE SERVICE AGREE-
MENT.—Such application shall contain an agreement 
by the individual that, if the individual fails to com-
plete the 5 consecutive years of service required by 
subsection (a)(2)(E), the individual agrees to repay 
the Secretary the amount of any interest paid by the 
Secretary on behalf of the individual. 
‘‘(e) TREATMENT
OF CONSOLIDATION LOANS.—A 
consolidation loan made under section 428C of this Act, 
or a Federal Direct Consolidation Loan made under part 
D of title IV of this Act, may be a qualified loan for the 
purpose of this section only to the extent that such loan 
amount was used by a borrower who otherwise meets the 
requirements of this section to repay— 
‘‘(1) a loan made under section 428 or 428H 
of this Act; or 
‘‘(2) a Federal Direct Stafford Loan, or a Fed-
eral Direct Unsubsidized Stafford Loan, made under 
part D of title IV of this Act. 
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310 
‘‘(f) PREVENTION OF DOUBLE BENEFITS.—No bor-
rower may, for the same service, receive a benefit under 
both this section and— 
‘‘(1) any loan forgiveness program under title 
IV of this Act; or 
‘‘(2) subtitle D of title I of the National and 
Community Service Act of 1990 (42 U.S.C. 12601 
et seq.). 
‘‘(g) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘high need local educational agen-
cy’ has the same meaning given such term in section 
201(b)(4); and 
‘‘(2) the term ‘mathematics, science, or engi-
neering professional’ means a person who— 
‘‘(A) holds a baccalaureate, masters, or 
doctoral degree (or a combination thereof) in 
science, mathematics, or engineering; and 
‘‘(B) works in a field the Secretary deter-
mines is closely related to that degree, which 
shall include working as a professor at a two- 
or four-year institution of higher education. 
‘‘SEC. 419C. FOREIGN LANGUAGE PARTNERSHIPS. 
‘‘(a) PURPOSE.—The purpose of this section is to in-
crease the number of highly qualified teachers in, and the 
number of United States’ students who achieve the highest 
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311 
level of proficiency in, foreign languages critical to the se-
curity and competitiveness of the Nation. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to institutions of higher edu-
cation, in partnership with one or more local educational 
agencies, to establish teacher preparation programs in 
critical foreign languages, and activities that will enable 
successful students to advance from elementary school 
through college to achieve proficiency in those languages. 
‘‘(c) APPLICATIONS.— 
‘‘(1) APPLICATION REQUIRED.—Any institution 
of higher education that desires to receive a grant 
under this section shall submit an application to the 
Secretary at such time, in such manner, and con-
taining such information as the Secretary may re-
quire. 
‘‘(2) CONTENTS.—Each Application shall— 
‘‘(A) identify each local educational agency 
partner and describe each such partner’s re-
sponsibilities (including how they will be in-
volved in planning and implementing the pro-
gram, what resources they will provide, and how 
they will ensure continuity of student progress 
from elementary school to the postsecondary 
level); and 
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312 
‘‘(B) describe how the applicant will sup-
port and continue the program after the grant 
has expired, including how it will seek support 
from other sources, such as State and local gov-
ernment, foundations, and the private sector. 
‘‘(d) USES OF FUNDS.—Funds awarded under this 
section shall be used to develop and implement programs 
consistent with the purpose of this section by carrying out 
one or more of the following activities: 
‘‘(1) To recruit highly qualified teachers in crit-
ical foreign languages and professional development 
activities for such teachers at the elementary 
through high school level. 
‘‘(2) To provide innovative opportunities for 
students that will allow for critical language learn-
ing, such as immersion environments, intensive 
study opportunities, internships, and distance learn-
ing. 
‘‘(e) 
MATCHING
REQUIREMENT.—Each 
grantee 
under this section shall provide, from non-Federal sources, 
an amount equal to 100 percent of the amount of the 
grant (in cash or in kind) to carry out the activities sup-
ported by the grant. 
‘‘(f) EVALUATION.—The Secretary shall evaluate the 
activities funded under this section and report the results 
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313 
of the evaluation to the appropriate Committees of Con-
gress. 
‘‘SEC. 419D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this subpart $50,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the 4 succeeding 
fiscal years.’’. 
SEC. 409. CHILD CARE ACCESS MEANS PARENTS IN 
SCHOOL. 
(a) MINIMUM GRANT.—Section 419N(b)(2)(B) (20 
U.S.C. 1070e(b)(2)(B)) is amended by striking ‘‘$10,000’’ 
and inserting ‘‘$30,000’’. 
(b) ELIGIBLE INSTITUTIONS.—Section 419N(b)(4) is 
amended 
by 
striking 
‘‘$350,000’’ 
and 
inserting 
‘‘$250,000’’. 
(c) INCOME ELIGIBILITY.—Section 419N(b)(7) is 
amended by striking ‘‘who is eligible to receive’’ and in-
serting ‘‘whose income qualifies for eligibility for’’. 
(d) PUBLICITY.—Section 419N(b) is further amend-
ed by adding at the end the following new paragraph: 
‘‘(8) PUBLICITY.—The Secretary shall publicize 
the availability of grants under this section in appro-
priate periodicals in addition to publication in the 
Federal Register, and shall inform appropriate edu-
cational organizations of such availability.’’. 
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314 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
419N(g) (20 U.S.C. 1070e(g)) is amended by striking 
‘‘$45,000,000 for fiscal year 1999’’ and all that follows 
through the period and inserting ‘‘such sums as may be 
necessary for fiscal year 2009 and each of the 4 suc-
ceeding fiscal years.’’. 
SEC. 410. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 
Subpart 8 of part A of title IV (20 U.S.C. 1070f et 
seq.) is repealed. 
SEC. 411. TEACH GRANTS. 
Subpart 9 of part A of title IV is amended— 
(1) in section 420L(1)(B), by striking ‘‘sound’’ 
and inserting ‘‘responsible’’; 
(2) in section 420M— 
(A) by striking ‘‘academic year’’ each place 
it appears in subsections (a)(1) and (c)(1) and 
inserting ‘‘year’’; and 
(B) in subsection (c)(2)— 
(i) by striking ‘‘other student assist-
ance’’ and inserting ‘‘other assistance the 
student may receive’’; and 
(ii) by striking the second sentence; 
and 
(3) by adding at the end the following new sec-
tion: 
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315 
‘‘SEC. 420P. PROGRAM EVALUATION. 
‘‘The Secretary shall evaluate the effectiveness of 
TEACH grants with respect to the schools and students 
served by recipients of such grants. Such evaluation shall 
take into consideration information related to— 
‘‘(1) the number of TEACH grant recipients; 
‘‘(2) the gender, race, ethnicity, and age of such 
recipients; 
‘‘(3) the degrees obtained by such recipients; 
‘‘(4) the location, including the school, local 
educational agency, and State, where the recipients 
completed the service agreed to under section 
420N(b) and the subject taught; 
‘‘(5) the duration of such service, including in-
formation related to whether recipients serve for 
more than the 4 years required under such section; 
and 
‘‘(6) any other data necessary to conduct such 
evaluation.’’. 
PART B—FEDERAL FAMILY EDUCATION LOANS 
SEC. 421. LIMITATIONS ON AMOUNTS OF LOANS COVERED 
BY FEDERAL INSURANCE. 
Section 424(a) (20 U.S.C. 1074(a)) is amended— 
(1) by striking ‘‘2012’’ and inserting ‘‘2013’’; 
and 
(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 
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316 
SEC. 422. FEDERAL INTEREST SUBSIDIES. 
Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amend-
ed— 
(1) by striking ‘‘2012’’ and inserting ‘‘2013’’; 
and 
(2) by striking ‘‘2016’’ and inserting ‘‘2017’’. 
SEC. 423. STUDENT LOAN INFORMATION. 
Section 428(k) (20 U.S.C. 1078(k)) is amended by 
adding at the end the following new paragraph: 
‘‘(4) STUDENT LOAN INFORMATION.— 
‘‘(A) Notwithstanding any other provision 
of law or regulation, a lender, secondary mar-
ket, holder, or guaranty agency shall provide, 
free of charge and in a timely and effective 
manner, any student loan information per-
taining to loans under this title maintained by 
that entity that is requested by either or both 
of the following: 
‘‘(i) An institution of higher education 
for a borrower who had previously at-
tended such institution of higher edu-
cation. 
‘‘(ii) Any third-party servicer (as de-
fined in section 481(c)) working on behalf 
of that institution to prevent student loan 
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317 
defaults, for a borrower who had previously 
attended such institution. 
‘‘(B) An institution and any third-party 
servicer obtaining access to information under 
subparagraph (A) shall safeguard that informa-
tion in order to prevent potential abuses of that 
information, including identity theft. 
‘‘(C) Any third party servicer that obtains 
information under this paragraph— 
‘‘(i) shall only use the information in 
a manner directly related to the default 
prevention work the servicer is performing 
on behalf of the institution of higher edu-
cation; 
‘‘(ii) shall not sell the information to 
other entities; and 
‘‘(iii) shall be subject to any regula-
tions established by the Secretary pursuant 
to section 432 concerning the misuse of 
such information, including any penalties 
for such misuse.’’. 
SEC. 424. CONSOLIDATION LOAN DISCLOSURE. 
Section 428C(b)(1) (20 U.S.C. 1078–3(b)(1)) is 
amended— 
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318 
(1) by redesignating subparagraphs (E) and 
(F) as subparagraphs (F) and (G), respectively; and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) that the lender will disclose, in a 
clear and conspicuous manner, to borrowers 
who seek to consolidate loans made under part 
E of this title— 
‘‘(i) that once the borrower adds a 
Federal Perkins Loan to a Federal Con-
solidation Loan, the borrower will lose all 
interest-free periods that would have been 
available, such as those when no interest 
accrues on the Federal Perkins Loan while 
the borrower is enrolled in school at least 
half-time, during the grace period, and 
during periods when the borrower’s stu-
dent loan repayments are deferred; 
‘‘(ii) that the borrower will no longer 
be eligible for loan cancellation of Federal 
Perkins Loans under any provision of sec-
tion 465; and 
‘‘(iii) in detail the occupations listed 
in section 465 for which the borrower will 
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319 
lose eligibility for Federal Perkins Loan 
cancellation;’’. 
SEC. 425. LOAN FORGIVENESS FOR SERVICE IN AREAS OF 
NATIONAL NEED. 
Section 428K (20 U.S.C. 1078–11) is amended to 
read as follows: 
‘‘SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF 
NATIONAL NEED. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) LOAN
FORGIVENESS
AUTHORIZED.—The 
Secretary shall forgive, in accordance with this sec-
tion, the student loan obligation of a borrower in the 
amount specified in subsection (c) who— 
‘‘(A) is employed full-time in an area of 
national need described in subsection (b); and 
‘‘(B) is not in default on a loan for which 
the borrower seeks forgiveness. 
‘‘(2) METHOD
OF
LOAN
FORGIVENESS.—To 
provide loan forgiveness under paragraph (1), the 
Secretary is authorized to carry out a program— 
‘‘(A) through the holder of the loan, to as-
sume the obligation to repay a qualified loan 
amount for a loan made, insured, or guaranteed 
under this part (other than an excepted PLUS 
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320 
loan (as such term is defined in section 
493C(a)); and 
‘‘(B) to cancel a qualified loan amount for 
a loan made under part D of this title (other 
than such an excepted PLUS loan). 
‘‘(3) REGULATIONS.—The Secretary is author-
ized to issue such regulations as may be necessary 
to carry out the provisions of this section. 
‘‘(b) AREAS OF NATIONAL NEED.—For purposes of 
this section, an individual shall be treated as employed in 
an area of national need if the individual is employed full- 
time as any of the following: 
‘‘(1) EARLY CHILDHOOD EDUCATORS.—An in-
dividual who is employed as an early childhood edu-
cator in an eligible preschool program or eligible 
early childhood education program in a low-income 
community, and who is involved directly in the care, 
development, and education of infants, toddlers, or 
young children age 5 and under. 
‘‘(2) NURSES.—An individual who is em-
ployed— 
‘‘(A) as a nurse in a clinical setting; or 
‘‘(B) as a member of the nursing faculty at 
an accredited school of nursing (as those terms 
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321 
are defined in section 801 of the Public Health 
Service Act (42 U.S.C. 296)). 
‘‘(3) FOREIGN
LANGUAGE
SPECIALISTS.—An 
individual who has obtained a baccalaureate or ad-
vanced degree in a critical foreign language and is 
employed— 
‘‘(A) in an elementary or secondary school 
as a teacher of a critical foreign language; 
‘‘(B) in an agency of the United States 
Government in a position that regularly re-
quires the use of such critical foreign language; 
or 
‘‘(C) in an institution of higher education 
as a faculty member or instructor teaching a 
critical foreign language. 
‘‘(4) LIBRARIANS.—An individual who is em-
ployed as a librarian in— 
‘‘(A) a public library that serves a geo-
graphic area within which the public schools 
have a combined average of 30 percent or more 
of their total student enrollments composed of 
children counted under section 1113(a)(5) of 
the Elementary and Secondary Education Act 
of 1965; or 
‘‘(B) a high-need school. 
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322 
‘‘(5) HIGHLY QUALIFIED TEACHERS: SERVING 
STUDENTS WHO ARE LIMITED ENGLISH PROFICIENT, 
LOW-INCOME
COMMUNITIES, 
AND
UNDERREP-
RESENTED POPULATIONS.—An individual who— 
‘‘(A) is highly qualified as such term is de-
fined in section 9101 of the Elementary and 
Secondary Education Act of 1965; and 
‘‘(B)(i) is employed as a full-time teacher 
educating students who are limited English pro-
ficient; 
‘‘(ii) is employed as a teacher in a high- 
need school; or 
‘‘(iii) is an individual from an underrep-
resented population in the teaching profession, 
as determined by the Secretary. 
‘‘(6) CHILD
WELFARE
WORKERS.—An indi-
vidual who— 
‘‘(A) has obtained a degree in social work 
or a related field with a focus on serving chil-
dren and families; and 
‘‘(B) is employed in public or private child 
welfare services. 
‘‘(7) SPEECH-LANGUAGE
PATHOLOGISTS.—An 
individual who is a speech-language pathologist, who 
is employed in an eligible preschool program or an 
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323 
elementary or secondary school, and who has, at a 
minimum, a graduate degree in speech-language pa-
thology, or communication sciences and disorders. 
‘‘(8) NATIONAL SERVICE.—An individual who is 
engaged as a participant in a project under the Na-
tional and Community Service Act of 1990 (as such 
terms are defined in section 101 of such Act (42 
U.S.C. 12511)). 
‘‘(9) SCHOOL COUNSELORS.—An individual who 
is employed as a school counselor (as such term is 
defined in section 5421(e)(3) of Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7245(e)(3)) in a high-need school. 
‘‘(10) PUBLIC SECTOR EMPLOYEES.—An indi-
vidual who is employed in public safety (including as 
a first responder, firefighter, police officer, or other 
law enforcement or public safety officer), emergency 
management (including as an emergency medical 
technician), public health (including full-time profes-
sionals engaged in health care practioner occupa-
tions and health care support occupations, as such 
terms are defined by the Bureau of Labor Statis-
tics), or public interest legal services (including pros-
ecution or public defense or legal advocacy in low- 
income communities at a nonprofit organization). 
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324 
‘‘(11) NUTRITION
PROFESSIONALS.—An indi-
vidual who— 
‘‘(A) is a licensed, certified or registered 
dietician who has completed a degree in a rel-
evant field; and 
‘‘(B) has obtained employment in an agen-
cy of the special supplemental nutrition pro-
gram for women, infants, and children under 
section 17 of the Child Nutrition Act of 1966 
(42 U.S.C. 1786). 
‘‘(12) MEDICAL
SPECIALISTS.—An individual 
who— 
‘‘(A) has received his or her degree from 
an accredited medical school (as accredited by 
the Liaison Committee on Medical Education or 
as defined by this title IV); and 
‘‘(B)(i) has been accepted to, or currently 
participates in, a graduate medical education 
training program or fellowship (or both) to pro-
vide health care services (as recognized by the 
Accreditation Council for Graduate Medical 
Education); or 
‘‘(ii) has been accepted into, or currently 
participates in, a graduate medical education 
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325 
program or fellowship (or both) to provide 
health care services that— 
‘‘(I) requires more than 5 years of 
total graduate medical training; and 
‘‘(II) has fewer United States medical 
school graduate applicants than the total 
number of training and fellowship positions 
available in the programs specified in sub-
clause (I) of this clause. 
‘‘(13) MENTAL HEALTH PROFESSIONALS.—In-
dividuals who have at least a master’s degree in so-
cial work, psychology, or psychiatry and who are 
providing mental health services to children, adoles-
cents, or veterans. 
‘‘(c) QUALIFIED LOAN AMOUNT.—At the end of each 
school, academic, or calendar year of full-time employment 
on or after the date of enactment of the College Oppor-
tunity and Affordability Act of 2007 in an area of national 
need described in subsection (b), not to exceed 5 years, 
the Secretary shall forgive not more than $2,000 of the 
student loan obligation of a borrower that is outstanding 
after the completion of each such school, academic, or cal-
endar year of employment, as appropriate, not to exceed 
$10,000 in the aggregate for any borrower. 
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326 
‘‘(d) PRIORITY.—The Secretary shall grant loan for-
giveness under this section on a first-come, first-served 
basis, and subject to the availability of appropriations. 
‘‘(e) CONSTRUCTION.—Nothing in this section shall 
be construed to authorize the refunding of any repayment 
of a loan. 
‘‘(f) SEGAL AMERICORPS EDUCATION AWARD AND 
NATIONAL SERVICE AWARD RECIPIENTS.—A student bor-
rower who qualifies for the maximum education award 
under subtitle D of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12601 et seq.) shall re-
ceive under this section the amount, if any, by which the 
maximum benefit available under this section exceeds the 
maximum education award available under such subtitle. 
‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No 
borrower may receive a reduction of loan obligations under 
both this section and section 428J or 460. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) 
EARLY
CHILDHOOD
EDUCATOR.—The 
term ‘early childhood educator’ means an early 
childhood educator who works directly with children 
in an eligible preschool program or eligible early 
childhood education program who has completed a 
baccalaureate or advanced degree in early childhood 
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327 
development, early childhood education, or in a field 
related to early childhood education. 
‘‘(2) ELIGIBLE
PRESCHOOL
PROGRAM.—The 
term ‘eligible preschool program’ means a program 
that provides for the care, development, and edu-
cation of infants, toddlers, or young children age 5 
and under, meets any applicable State or local gov-
ernment licensing, certification, approval, and reg-
istration requirements, and is operated by— 
‘‘(A) a public or private school that is sup-
ported, sponsored, supervised, or administered 
by a local educational agency; 
‘‘(B) a Head Start agency serving as a 
grantee designated under the Head Start Act 
(42 U.S.C. 9831 et seq.); 
‘‘(C) a nonprofit or community based orga-
nization; or 
‘‘(D) a child care program, including a 
home. 
‘‘(3) ELIGIBLE EARLY CHILDHOOD EDUCATION 
PROGRAM.—The term ‘eligible early childhood edu-
cation program’ means— 
‘‘(A) a family child care program, center- 
based child care program, State prekinder-
garten program, school program, or other out- 
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328 
of-home early childhood development care pro-
gram, that— 
‘‘(i) is licensed or regulated by the 
State; and 
‘‘(ii) serves 2 or more unrelated chil-
dren who are not old enough to attend kin-
dergarten; 
‘‘(B) a Head Start Program carried out 
under the Head Start Act (42 U.S.C. 9831 et 
seq.); or 
‘‘(C) an Early Head Start Program carried 
out under section 645A of the Head Start Act 
(42 U.S.C. 9840a). 
‘‘(4) LOW-INCOME COMMUNITY.—In this sub-
section, the term ‘low-income community’ means a 
school attendance area (as defined in section 
1113(a)(2)(A) of the Elementary and Secondary 
Education Act of 1965)— 
‘‘(A) in which 70 percent of households 
earn less than 85 percent of the State median 
household income; or 
‘‘(B) that includes a high-need school. 
‘‘(5) NURSE.—The term ‘nurse’ means a nurse 
who meets all of the following: 
‘‘(A) The nurse graduated from— 
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329 
‘‘(i) an accredited school of nursing 
(as those terms are defined in section 801 
of the Public Health Service Act (42 
U.S.C. 296)); 
‘‘(ii) a nursing center; or 
‘‘(iii) an academic health center that 
provides nurse training. 
‘‘(B) The nurse holds a valid and unre-
stricted license to practice nursing in the State 
in which the nurse practices in a clinical set-
ting. 
‘‘(C) The nurse holds one or more of the 
following: 
‘‘(i) A graduate degree in nursing, or 
an equivalent degree. 
‘‘(ii) A nursing degree from a colle-
giate school of nursing (as defined in sec-
tion 801 of the Public Health Service Act 
(42 U.S.C. 296)). 
‘‘(iii) A nursing degree from an asso-
ciate degree school of nursing (as defined 
in section 801 of the Public Health Service 
Act (42 U.S.C. 296)). 
‘‘(iv) A nursing degree from a diploma 
school of nursing (as defined in section 
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330 
801 of the Public Health Service Act (42 
U.S.C. 296)). 
‘‘(6) SPEECH-LANGUAGE
PATHOLOGIST.—The 
term ‘speech-language pathologist’ means a speech- 
language pathologist who— 
‘‘(A) has received, at a minimum, a grad-
uate degree in speech-language pathology or 
communication sciences and disorders from an 
institution of higher education accredited by an 
agency or association recognized by the Sec-
retary pursuant to section 496(a) of this Act; 
and 
‘‘(B) provides speech-language pathology 
services under section 1861(ll)(1) of the Social 
Security Act (42 U.S.C. 1395x(ll)(1), or meets 
or exceeds the qualifications for a qualified 
speech-language pathologist under subsection 
(ll)(3) of such section (42 U.S.C. 1395x(ll)(3)). 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary for fiscal year 2009 and 
each of the 4 succeeding fiscal years to provide loan for-
giveness in accordance with this section.’’. 
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331 
SEC. 426. DEFINITION OF ELIGIBLE LENDER. 
Section 
435(d)(1)(A)(ii) 
(20 
U.S.C. 
1085(d)(1)(A)(ii)) is amended— 
(1) by striking ‘‘part, or (III)’’ and inserting 
‘‘part, (III)’’; and 
(2) by inserting before the semicolon at the end 
the following: ‘‘, or (IV) it is a National or State 
chartered 
bank 
with 
assets 
of 
less 
than 
$1,000,000,000’’. 
SEC. 427. DISABILITY DETERMINATIONS. 
Section 437(a) (20 U.S.C. 1087(a)) is amended by 
adding at the end the following new sentence: ‘‘A borrower 
who receives a permanent total disability rating from the 
Secretary of Veterans Affairs, and who provides docu-
mentation of such rating to the Secretary of Education, 
shall be considered permanently and totally disabled for 
the purpose of discharging such borrower’s loans under 
this subsection, and such borrower shall not be required 
to present additional documentation for purposes of this 
subsection.’’. 
PART C—COLLEGE WORK/STUDY 
SEC. 441. REAUTHORIZATION. 
(a) EXTENSION OF AUTHORITY.—Section 441 (42 
U.S.C. 2751) is amended— 
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332 
(1) 
in 
subsection 
(b), 
by 
striking 
‘‘$1,000,000,000 for fiscal year 1999’’ and inserting 
‘‘$1,500,000,000 for fiscal year 2009’’; and 
(2) in subsection (c)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) responding to the needs of the community, 
which may include activities in preparation for and 
during emergencies and natural disasters.’’. 
(b) ALLOWANCE FOR BOOKS AND SUPPLIES.—Sec-
tion 442(c)(4)(D) (42 U.S.C. 2752(d)(4)(D)) is amended 
by striking ‘‘$450’’ and inserting ‘‘$600’’. 
SEC. 442. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMU-
NITY SERVICE. 
Section 447 (42 U.S.C. 2756a) is amended— 
(1) by striking ‘‘Each institution participating’’ 
and inserting ‘‘(a) COMMUNITY SERVICE-LEARN-
ING.—Each institution participating’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) OFF-CAMPUS COMMUNITY SERVICE.— 
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333 
‘‘(1) GRANTS
AUTHORIZED.—In addition to 
funds made available under section 443(b)(2)(B), 
the Secretary is authorized to award grants to insti-
tutions participating under this part to supplement 
off-campus community service employment. 
‘‘(2) USE OF FUNDS.—In any year in which 
section 443(b)(2)(B) applies, an institution shall en-
sure that funds granted to such institution under 
this subsection are used in accordance with such sec-
tion 443 to recruit and compensate students (includ-
ing compensation for time spent in training and for 
travel directly related to such community service). 
‘‘(3) PRIORITY.—In awarding grants under this 
subsection, the Secretary shall give priority to appli-
cations that support postecondary students assisting 
with early childhood education activities. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection such sums as may be necessary for 
fiscal year 2009 and each of the 4 succeeding fiscal 
years.’’. 
SEC. 443. WORK COLLEGES. 
(a) WORK-LEARNING-SERVICE.—Section 448 (42 
U.S.C. 2756b) is amended by striking ‘‘work-learning’’ 
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334 
each place it appears and inserting ‘‘work-learning-serv-
ice’’. 
(b) DEFINITION.—Section 448(e) is amended to read 
as follows: 
‘‘(e) DEFINITIONS.—For the purpose of this sec-
tion— 
‘‘(1) the term ‘work college’ means an eligible 
institution that— 
‘‘(A) has been a public or private non-
profit, four-year, degree granting institution 
with a commitment to community service; 
‘‘(B) has operated a comprehensive work- 
learning-service program for at least 2 years; 
‘‘(C) requires all resident students, includ-
ing at least one-half of all students who are en-
rolled on a full-time basis, to participate in a 
comprehensive work-learning-service program 
for at least 5 hours each week, or at least 80 
hours during each period of enrollment, except 
summer school, unless the student is engaged in 
an institutionally organized or approved study 
abroad or externship program; and 
‘‘(D) provides students participating in the 
comprehensive work-learning-service program 
with the opportunity to contribute to their edu-
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335 
cation and to the welfare of the community as 
a whole; and 
‘‘(2) the term ‘comprehensive student work- 
learning-service program’— 
‘‘(A) means a student work-learning-serv-
ice program that is an integral and stated part 
of the institution’s educational philosophy and 
program; 
‘‘(B) requires participation of all resident 
students for enrollment and graduation; 
‘‘(C) includes learning objectives, evalua-
tion, and a record of work performance as part 
of the student’s college record; 
‘‘(D) provides programmatic leadership by 
college personnel at levels comparable to tradi-
tional academic programs; 
‘‘(E) recognizes the educational role of 
work-learning-service supervisors; and 
‘‘(F) 
includes 
consequences 
for 
non-
performance or failure in the work-learning- 
service program similar to the consequences for 
failure in the regular academic program.’’. 
(c) AUTHORIZATION.—Section 448(f) is amended— 
(1) by striking ‘‘$5,000,000’’ and inserting 
‘‘such sums’’; and 
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336 
(2) by striking ‘‘1999’’ and inserting ‘‘2009’’. 
PART D—FEDERAL DIRECT STUDENT LOANS 
SEC. 451. REAUTHORIZATION. 
Section 458(a) (20 U.S.C. 1087h(a)) is amended— 
(1) in paragraph (2)— 
(A) in the header, by striking ‘‘2011’’ and 
inserting ‘‘2013’’; and 
(B) by striking ‘‘2011’’ and inserting 
‘‘2013’’; and 
(2) in paragraph (3), by striking ‘‘2011’’ and 
inserting ‘‘2013’’. 
SEC. 452. PUBLIC SERVICE JOB DEFINITION. 
Section 455(m)(3)(B) (20 U.S.C. 1087e(m)(3)(B)) is 
amended to read as follows: 
‘‘(B) PUBLIC
SERVICE
JOB.—The term 
‘public service job’ means— 
‘‘(i) a full-time job in emergency man-
agement, 
government 
(excluding 
time 
served as a member of Congress), military 
service, public safety, law enforcement, 
public health (including nurses, nurse 
practitioners, nurses in a clinical setting, 
and full-time professionals engaged in 
health care practioner occupations and 
health care support occupations, as such 
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337 
terms are defined by the Bureau of Labor 
Statistics), public education, social work in 
a public child or family service agency, 
public interest law services (including pros-
ecution or public defense or legal advocacy 
on behalf of low-income communities at a 
nonprofit organization), early childhood 
education (including licensed or regulated 
childcare, Head Start, and State funded 
prekindergarten), public service for individ-
uals with disabilities, public service for the 
elderly, public library sciences, school- 
based library sciences and other school- 
based services, or at an organization that 
is described in section 501(c)(3) of the In-
ternal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of such 
Code; or 
‘‘(ii) teaching as a full-time faculty 
member at a Tribal College or University 
as defined in section 316(b) and other fac-
ulty teaching in high-needs subject areas 
or areas of shortage (including nurse fac-
ulty, foreign language faculty and part- 
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338 
time faculty at community colleges), as de-
termined by the Secretary.’’. 
PART E—PERKINS LOANS 
SEC. 461. EXTENSION OF AUTHORITY. 
Section 461(b) (20 U.S.C. 1087aa(b)) is amended— 
(1) 
in 
paragraph 
(1), 
by 
striking 
‘‘$250,000,000 for fiscal year 1999’’ and inserting 
‘‘$350,000,000 for fiscal year 2009’’; and 
(2) in paragraph (2), by striking ‘‘2003’’ each 
place it appears and inserting ‘‘2014’’. 
SEC. 462. ALLOWANCE FOR BOOKS AND SUPPLIES. 
Section 462(c)(4)(D) (20 U.S.C. 1087bb(c)(4)(D)) is 
amended by striking ‘‘$450’’ and inserting ‘‘$600’’. 
SEC. 463. AGREEMENTS WITH INSTITUTIONS. 
(a) 
TRANSFERS
FOR
COLLECTION.—Section 
463(a)(4)(B) (20 U.S.C. 1087cc(a)(4)(B)) is amended to 
read as follows: 
‘‘(B) if the institution is not one described 
in subparagraph (A), the Secretary may allow 
such institution to refer such note or agreement 
to the Secretary, without recompense, except 
that any sums collected on such a loan (less an 
amount not to exceed 30 percent of any such 
sums collected to cover the Secretary’s collec-
tion costs) shall be repaid to such institution no 
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339 
later than 180 days after collection by the Sec-
retary and treated as an additional capital con-
tribution under section 462;’’. 
(b) REVISE AUTHORITY TO PRESCRIBE ADDITIONAL 
FISCAL
CONTROLS.—Section 463(a)(9) (20 U.S.C. 
1087cc(a)(9)) is amended by inserting ‘‘, except that noth-
ing in this paragraph shall be construed to permit the Sec-
retary to require the assignment of loans to the Secretary 
other than as is provided for in paragraphs (4) and (5)’’ 
before the period. 
SEC. 464. PERKINS LOAN TERMS AND CONDITIONS. 
(a) LOAN
LIMITS.—Section 464(a) (20 U.S.C. 
1087dd(a)) is amended— 
(1) in paragraph (2)(A)— 
(A) by striking ‘‘$4,000’’ in clause (i) and 
inserting ‘‘$5,500’’; and 
(B) by striking ‘‘$6,000’’ in clause (ii) and 
inserting ‘‘$8,000’’; and 
(2) in paragraph (2)(B)— 
(A) by striking ‘‘$40,000’’ in clause (i) and 
inserting ‘‘$60,000’’; 
(B) by striking ‘‘$20,000’’ in clause (ii) 
and inserting ‘‘$27,500’’; and 
(C) by striking ‘‘$8,000’’ in clause (iii) and 
inserting ‘‘$11,000’’. 
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340 
(b) 
FORBEARANCE.—Section 
464 
(20 
U.S.C. 
1087dd) is further amended— 
(1) in subsection (e)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘, upon written request,’’ and in-
serting ‘‘, as documented in accordance with 
paragraph (2),’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(C) by inserting ‘‘(1)’’ after ‘‘FORBEAR-
ANCE.—’’; and 
(D) by adding at the end the following: 
‘‘(2) For the purpose of paragraph (1), the terms of 
forbearance agreed to by the parties shall be documented 
by— 
‘‘(A) confirming the agreement of the borrower 
by notice to the borrower from the institution of 
higher education; and 
‘‘(B) recording the terms in the borrower’s 
file.’’; 
(2) in subsection (h)(1)(A), by striking ‘‘12 
ontime’’ and inserting ‘‘9 on-time’’; and 
(3) in subsection (j), by striking ‘‘(e)(3)’’ and 
inserting ‘‘(e)(1)(C)’’. 
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341 
SEC. 465. CANCELLATION FOR PUBLIC SERVICE. 
(a) CANCELLATION FOR PUBLIC SERVICE.—Section 
465(a)(2) (20 U.S.C. 1087ee(a)(2)) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (B), by striking 
‘‘Head Start Act which’’ and inserting ‘‘Head 
Start Act, or in a prekindergarten or child care 
program that is licensed or regulated by the 
State, that’’; 
(B) in subparagraph (H), by striking ‘‘or’’ 
after the semicolon; 
(C) in subparagraph (I), by striking the 
period and inserting a semicolon; and 
(D) by inserting before the matter fol-
lowing subparagraph (I) the following: 
‘‘(J) as a full-time fire fighter for service to a 
local, State, or Federal fire department or fire dis-
trict; 
‘‘(K) as a full-time faculty member at a Tribal 
College or University, as that term is defined in sec-
tion 316; 
‘‘(L) as a librarian, if the librarian has a mas-
ter’s degree in library science and is employed in— 
‘‘(i) an elementary school or secondary 
school that is eligible for assistance under title 
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342 
I of the Elementary and Secondary Education 
Act of 1965; or 
‘‘(ii) a public library that serves a geo-
graphic area that contains 1 or more schools el-
igible for assistance under title I of the Elemen-
tary and Secondary Education Act of 1965; or 
‘‘(M) as a full-time speech language therapist, 
if the therapist has a master’s degree and is working 
exclusively with schools that are eligible for assist-
ance under title I of the Elementary and Secondary 
Education Act of 1965.’’; and 
(2) in paragraph (3)(A)— 
(A) in clause (i)— 
(i) by inserting ‘‘(D),’’ after ‘‘(C),’’; 
and 
(ii) by striking ‘‘or (I)’’ and inserting 
‘‘(I), (J), (K), (L), or (M)’’; 
(B) in clause (ii), by inserting ‘‘or’’ after 
the semicolon; 
(C) by striking clause (iii); and 
(D) by redesignating clause (iv) as clause 
(iii). 
(b) TECHNICAL AMENDMENT.—Section 465(a)(2)(20 
U.S.C. 1087ee(a)(2)) is amended by amending subpara-
graph (A) to read as follows: 
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343 
‘‘(A) as a full-time teacher for service in an 
academic year in a high-need school;’’. 
PART F—NEED ANALYSIS 
SEC. 471. COST OF ATTENDANCE. 
(a) AMENDMENTS.—Section 472(3) (20 U.S.C. 
1087kk(3)) is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ 
after the semicolon; 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B), as 
amended by paragraph (1), the following: 
‘‘(C) for students who live in housing lo-
cated on a military base or for which a basic al-
lowance is provided under section 403(b) of title 
37, United States Code, shall be an allowance 
based on the expenses reasonably incurred by 
such students for board but not for room; and’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on July 1, 2009. 
SEC. 472. DEFINITIONS. 
(a) TOTAL INCOME.—Section 480(a) (20 U.S.C. 
1087vv(a)) is amended by adding at the end the following 
new paragraph: 
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420 
formation about the availability and functions of the Om-
budsman to institutions of higher education, accrediting 
agencies and associations, and other participants in the 
accreditation process. 
‘‘(c) FUNCTIONS
OF OMBUDSMAN.—The Ombuds-
man appointed under this section shall— 
‘‘(1) in accordance with regulations of the Sec-
retary, receive, review, and attempt to resolve com-
plaints from institutions of higher education, accred-
iting agencies and associations, and other partici-
pants in the accreditation process described in sub-
section (a), including, as appropriate, attempts to 
resolve such complaints within the Department of 
Education and with institutions of higher education, 
accreditation agencies and associations, and other 
participants in title IV programs; and 
‘‘(2) compile and analyze data on institutions of 
higher education and accrediting agency and associa-
tion complaints and make appropriate recommenda-
tions. 
‘‘(d) REPORT.—Each year, the Ombudsman shall 
submit a report to the Assistant Secretary for Postsec-
ondary Education, for inclusion in the annual report under 
section 114, that describes the activities, and evaluates the 
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Fmt 6652
Sfmt 6201
E:\BILLS\H4137.IH
H4137
hmoore on PRODPC68 with HMBILLS