123 
•HR 2669 EH1S 
proved criteria in section 415C(b)(4) 
of such Act. 
(II) Has qualified for a free 
lunch, or at the State’s discretion a 
reduced price lunch, under the school 
lunch program established under the 
Richard B. Russell National School 
Lunch Act. 
(III) Qualifies for the State’s 
maximum need-based undergraduate 
award. 
(IV) Is participating in, or has 
participated in, a Federal, State, in-
stitutional, or community mentoring 
or outreach program, as recognized by 
the eligible consortia carrying out ac-
tivities under this section. 
(2) PHILANTHROPIC ORGANIZATION.—The term 
‘‘philanthropic organization’’ means a non-profit or-
ganization— 
(A) that does not receive funds under title 
IV of the Higher Education Act of 1965 or 
under the Elementary and Secondary Education 
Act of 1965;
124 
•HR 2669 EH1S 
(B) that is not a local educational agency 
or an institution of higher education; 
(C) that has a demonstrated record of dis-
persing grant aid to underserved populations to 
ensure access to, and participation in, higher 
education; 
(D) that is affiliated with an eligible con-
sortia (as defined in subsection (d)) to carry 
out this section; and 
(E) the primary purpose of which is to 
provide financial aid and support services to 
students from underrepresented populations to 
increase the number of such students who enter 
and remain in college. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, and Puerto Rico. 
(4) UNDERSERVED
POPULATION.—The term 
‘‘underserved population’’ means a group of individ-
uals who traditionally have not been well represented 
in the general population of students who pursue 
and successfully complete a higher education degree. 
(g) PROGRAM FUNDING.— 
(1) IN GENERAL.—There shall be available to 
the Secretary to carry out this section, from funds
125 
•HR 2669 EH1S 
not otherwise appropriated, $300,000,000 for the 
period beginning with fiscal year 2008 and ending 
with fiscal year 2012. 
(2) USE OF EXCESS FUNDS.—If, at the end of 
a fiscal year, the funds available for awarding grants 
under this section exceed the amount necessary to 
make such grants, then all of the excess funds shall 
remain available for the subsequent fiscal year, and 
shall be used to award grants under section 401 of 
the Higher Education Act of 1965 (20 U.S.C. 
1070a) for such subsequent fiscal year. 
(h) SUNSET.—The authority to carry out this section 
shall expire at the end of fiscal year 2012. 
PART C—UPWARD BOUND 
SEC. 412. UPWARD BOUND. 
(a) ABSOLUTE PRIORITY PROHIBITED IN UPWARD 
BOUND PROGRAM.—Section 402C (20 U.S.C. 1070a–13) 
is amended by adding at the end the following new sub-
section: 
‘‘(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
126 
•HR 2669 EH1S 
in the Federal Register on September 22, 2006 (71 Fed. 
Reg. 55447 et seq.).’’. 
(b) ADDITIONAL FUNDS.—Section 402C is further 
amended by adding after subsection (f) (as added by sub-
section (a)) the following new subsection: 
‘‘(g) ADDITIONAL FUNDS.— 
‘‘(1) AUTHORIZATION
AND
APPROPRIATION.— 
There are authorized to be appropriated, and there 
are appropriated to the Secretary, from funds not 
otherwise appropriated, $57,000,000 for each of the 
fiscal years 2008 through 2011 to carry out para-
graph (2), except that any amounts that remain un-
expended for such purpose for each of such fiscal 
years may be available for technical assistance and 
administration costs for the Upward Bound pro-
gram. 
‘‘(2) USE
OF
FUNDS.—The amounts made 
available by paragraph (1) shall be available to pro-
vide assistance to all Upward Bound projects that 
did not receive assistance in fiscal year 2007 and 
that have a grant score above 70. Such assistance
127 
•HR 2669 EH1S 
shall be made available in the form of 4-year 
grants.’’. 
Passed the House of Representatives July 11, 2007. 
Attest: 
Clerk.
110TH CONGRESS 
1ST SESSION 
H. R. 2669 
AN ACT 
To provide for reconciliation pursuant to section 
601 of the concurrent resolution on the budget 
for fiscal year 2008.