Higher Education Opportunity Act
PL 110-315 (H.R.4137), enacted 08/14/2008

122 STAT. 3078 
PUBLIC LAW 110–315—AUG. 14, 2008 
Public Law 110–315 
110th Congress 
An Act 
To amend and extend the Higher Education Act of 1965, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Higher Edu-
cation Opportunity Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. References. 
Sec. 3. General effective date. 
TITLE I—GENERAL PROVISIONS 
Sec. 101. General definition of institution of higher education. 
Sec. 102. Definition of institution of higher education for purposes of title IV pro-
grams. 
Sec. 103. Additional definitions. 
Sec. 104. Protection of student speech and association rights. 
Sec. 105. Treatment of territories and territorial student assistance. 
Sec. 106. National Advisory Committee on Institutional Quality and Integrity. 
Sec. 107. Drug and alcohol abuse prevention. 
Sec. 108. Prior rights and obligations. 
Sec. 109. Diploma mills. 
Sec. 110. Improved information concerning the Federal student financial aid 
website. 
Sec. 111. Transparency in college tuition for consumers. 
Sec. 112. Textbook information. 
Sec. 113. Database of student information prohibited. 
Sec. 114. In-State tuition rates for Armed Forces members, spouses, and dependent 
children. 
Sec. 115. State higher education information system pilot program. 
Sec. 116. State commitment to affordable college education. 
Sec. 117. Performance-based organization for the delivery of Federal student finan-
cial assistance. 
Sec. 118. Procurement flexibility. 
Sec. 119. Certification regarding the use of certain Federal funds. 
Sec. 120. Institution and lender reporting and disclosure requirements. 
TITLE II—TEACHER QUALITY ENHANCEMENT 
Sec. 201. Teacher quality enhancement. 
TITLE III—INSTITUTIONAL AID 
Sec. 301. Program purpose. 
Sec. 302. Definitions; eligibility. 
Sec. 303. American Indian tribally controlled colleges and universities. 
Sec. 304. Alaska Native and Native Hawaiian-serving institutions. 
Sec. 305. Predominantly Black Institutions. 
Sec. 306. Native American-serving, nontribal institutions. 
Sec. 307. Assistance to Asian American and Native American Pacific Islander-serv-
ing institutions. 
20 USC 1001 
note. 
Higher Education 
Opportunity Act. 
Aug. 14, 2008 
[H.R. 4137] 
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122 STAT. 3079 
PUBLIC LAW 110–315—AUG. 14, 2008 
Sec. 308. Part B definitions. 
Sec. 309. Grants to institutions. 
Sec. 310. Allotments. 
Sec. 311. Professional or graduate institutions. 
Sec. 312. Unexpended funds. 
Sec. 313. Endowment Challenge Grants. 
Sec. 314. Historically Black college and university capital financing. 
Sec. 315. Programs in STEM fields. 
Sec. 316. Investing in historically Black colleges and universities and other minor-
ity-serving institutions. 
Sec. 317. Technical assistance. 
Sec. 318. Waiver authority. 
Sec. 319. Authorization of appropriations. 
Sec. 320. Technical corrections. 
TITLE IV—STUDENT ASSISTANCE 
PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OF HIGHER 
EDUCATION 
Sec. 401. Federal Pell Grants. 
Sec. 402. Academic competitiveness grants. 
Sec. 403. Federal TRIO Programs. 
Sec. 404. Gaining early awareness and readiness for undergraduate programs. 
Sec. 405. Academic Achievement Incentive Scholarships. 
Sec. 406. Federal Supplemental Educational Opportunity Grants. 
Sec. 407. Leveraging Educational Assistance Partnership program. 
Sec. 408. Special programs for students whose families are engaged in migrant and 
seasonal farmwork. 
Sec. 409. Robert C. Byrd Honors Scholarship Program. 
Sec. 410. Child care access means parents in school. 
Sec. 411. Learning Anytime Anywhere Partnerships. 
Sec. 412. TEACH Grants. 
PART B—FEDERAL FAMILY EDUCATION LOAN PROGRAM 
Sec. 421. Limitations on amounts of loans covered by Federal insurance. 
Sec. 422. Federal payments to reduce student interest costs. 
Sec. 423. Voluntary flexible agreements. 
Sec. 424. Federal PLUS loans. 
Sec. 425. Federal consolidation loans. 
Sec. 426. Default reduction program. 
Sec. 427. Requirements for disbursement of student loans. 
Sec. 428. Unsubsidized Stafford loan limits. 
Sec. 429. Loan forgiveness for teachers employed by educational service agencies. 
Sec. 430. Loan forgiveness for service in areas of national need. 
Sec. 431. Loan repayment for civil legal assistance attorneys. 
Sec. 432. Reports to consumer reporting agencies and institutions of higher edu-
cation. 
Sec. 433. Legal powers and responsibilities. 
Sec. 434. Student loan information by eligible lenders. 
Sec. 435. Consumer education information. 
Sec. 436. Definitions of eligible institution and eligible lender. 
Sec. 437. Discharge and cancellation rights in cases of disability. 
Sec. 438. Conforming amendments for repeal of section 439. 
PART C—FEDERAL WORK-STUDY PROGRAMS 
Sec. 441. Authorization of appropriations. 
Sec. 442. Allowance for books and supplies. 
Sec. 443. Grants for Federal work-study programs. 
Sec. 444. Flexible use of funds. 
Sec. 445. Job location and development programs. 
Sec. 446. Additional funds for off-campus community service. 
Sec. 447. Work colleges. 
PART D—FEDERAL DIRECT STUDENT LOAN 
Sec. 451. Terms and conditions of loans. 
Sec. 452. Funds for administrative expenses. 
Sec. 453. Guaranty agency responsibilities and payments; reports and cost esti-
mates. 
Sec. 454. Loan cancellation for teachers. 
PART E—FEDERAL PERKINS LOANS 
Sec. 461. Extension of authority. 
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122 STAT. 3080 
PUBLIC LAW 110–315—AUG. 14, 2008 
Sec. 462. Allowance for books and supplies. 
Sec. 463. Agreements with institutions. 
Sec. 464. Perkins loan terms and conditions. 
Sec. 465. Cancellation for public service. 
Sec. 466. Sense of Congress regarding Federal Perkins loans. 
PART F—NEED ANALYSIS 
Sec. 471. Cost of attendance. 
Sec. 472. Discretion to make adjustments. 
Sec. 473. Definitions. 
PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE 
Sec. 481. Definitions. 
Sec. 482. Master calendar. 
Sec. 483. Improvements to paper and electronic forms and processes. 
Sec. 484. Model institution financial aid offer form. 
Sec. 485. Student eligibility. 
Sec. 486. Statute of limitations and State court judgments. 
Sec. 487. Readmission requirements for servicemembers. 
Sec. 488. Institutional and financial assistance information for students. 
Sec. 489. National Student Loan Data System. 
Sec. 490. Early awareness of financial aid eligibility. 
Sec. 491. Distance Education Demonstration Programs. 
Sec. 492. Articulation agreements. 
Sec. 493. Program participation agreements. 
Sec. 494. Regulatory relief and improvement. 
Sec. 494A. Transfer of allotments. 
Sec. 494B. Purpose of administrative payments. 
Sec. 494C. Advisory Committee on Student Financial Assistance. 
Sec. 494D. Regional meetings and negotiated rulemaking. 
Sec. 494E. Year 2000 requirements at the Department. 
Sec. 494F. Technical amendment of income-based repayment. 
PART H—PROGRAM INTEGRITY 
Sec. 495. Recognition of accrediting agency or association. 
Sec. 496. Eligibility and certification procedures. 
Sec. 497. Program review and data. 
Sec. 498. Review of regulations. 
PART I—COMPETITIVE LOAN AUCTION PILOT PROGRAM 
Sec. 499. Competitive loan auction pilot program evaluation. 
TITLE V—DEVELOPING INSTITUTIONS 
Sec. 501. Authorized activities. 
Sec. 502. Postbaccalaureate opportunities for Hispanic Americans. 
Sec. 503. Applications. 
Sec. 504. Cooperative arrangements. 
Sec. 505. Authorization of appropriations. 
TITLE VI—INTERNATIONAL EDUCATION PROGRAMS 
Sec. 601. Findings; purposes; consultation; survey. 
Sec. 602. Graduate and Undergraduate Language and Area Centers and Programs. 
Sec. 603. Language Resource Centers. 
Sec. 604. Undergraduate International Studies and Foreign Language Programs. 
Sec. 605. Research; studies. 
Sec. 606. Technological innovation and cooperation for foreign information access. 
Sec. 607. Selection of certain grant recipients. 
Sec. 608. American overseas research centers. 
Sec. 609. Authorization of appropriations for international and foreign language 
studies. 
Sec. 610. Conforming amendments. 
Sec. 611. Business and international education programs. 
Sec. 612. Minority foreign service professional development program. 
Sec. 613. Institutional development. 
Sec. 614. Study abroad program. 
Sec. 615. Advanced degree in international relations. 
Sec. 616. Internships. 
Sec. 617. Financial assistance. 
Sec. 618. Report. 
Sec. 619. Gifts and donations. 
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122 STAT. 3081 
PUBLIC LAW 110–315—AUG. 14, 2008 
Sec. 620. Authorization of appropriations for the Institute for International Public 
Policy. 
Sec. 621. Definitions. 
Sec. 622. New provisions. 
TITLE VII—GRADUATE AND POSTSECONDARY IMPROVEMENT PROGRAMS 
Sec. 701. Purpose. 
Sec. 702. Jacob K. Javits Fellowship program. 
Sec. 703. Graduate assistance in areas of national need. 
Sec. 704. Thurgood Marshall Legal educational opportunity program. 
Sec. 705. Sense of Congress. 
Sec. 706. Masters degree programs at historically Black colleges and universities 
and Predominantly Black Institutions. 
Sec. 707. Fund for the improvement of postsecondary education. 
Sec. 708. Repeal of the urban community service program. 
Sec. 709. Programs to provide students with disabilities with a quality higher edu-
cation. 
Sec. 710. Subgrants to nonprofit organizations. 
TITLE VIII—ADDITIONAL PROGRAMS 
Sec. 801. Additional programs. 
Sec. 802. National Center for Research in Advanced Information and Digital Tech-
nologies. 
Sec. 803. Establishment of pilot program for course material rental. 
TITLE IX—AMENDMENTS TO OTHER LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 1986 
Sec. 901. Laurent Clerc National Deaf Education Center. 
Sec. 902. Agreement with Gallaudet University. 
Sec. 903. Agreement for the National Technical Institute for the Deaf. 
Sec. 904. Cultural experiences grants. 
Sec. 905. Audit. 
Sec. 906. Reports. 
Sec. 907. Monitoring, evaluation, and reporting. 
Sec. 908. Liaison for educational programs. 
Sec. 909. Federal endowment programs for Gallaudet University and the National 
Technical Institute for the Deaf. 
Sec. 910. Oversight and effect of agreements. 
Sec. 911. International students. 
Sec. 912. Research priorities. 
Sec. 913. National study on the education of the deaf. 
Sec. 914. Authorization of appropriations. 
PART B—UNITED STATES INSTITUTE OF PEACE ACT 
Sec. 921. United States Institute of Peace Act. 
PART C—THE HIGHER EDUCATION AMENDMENTS OF 1998; THE HIGHER 
EDUCATION AMENDMENTS OF 1992 
Sec. 931. Repeals. 
Sec. 932. Grants to States for workplace and community transition training for in-
carcerated individuals. 
Sec. 933. Underground Railroad Educational and Cultural Program. 
Sec. 934. Olympic Scholarships. 
Sec. 935. Establishment of a Deputy Assistant Secretary for International and For-
eign Language Education. 
PART D—TRIBAL COLLEGE AND UNIVERSITIES; NAVAJO HIGHER 
EDUCATION 
SUBPART 1—TRIBAL COLLEGES AND UNIVERSITIES 
Sec. 941. Reauthorization of the Tribally Controlled College or University Assist-
ance Act of 1978. 
SUBPART 2—NAVAJO HIGHER EDUCATION 
Sec. 945. Short title. 
Sec. 946. Reauthorization of Navajo Community College Act. 
PART E—OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968 
Sec. 951. Short title. 
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122 STAT. 3082 
PUBLIC LAW 110–315—AUG. 14, 2008 
Sec. 952. Loan repayment for prosecutors and defenders. 
PART F—INSTITUTIONAL LOAN REPAYMENT ASSISTANCE PROGRAMS 
Sec. 961. Institutional loan forgiveness programs. 
PART G—MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS TECHNOLOGY 
OPPORTUNITY PROGRAM 
Sec. 971. Minority Serving Institution Digital and Wireless Technology Opportunity 
Program. 
Sec. 972. Authorization of appropriations. 
TITLE X—PRIVATE STUDENT LOAN IMPROVEMENT 
Sec. 1001. Short title. 
Sec. 1002. Regulations. 
Sec. 1003. Effective dates. 
Subtitle A—Preventing Unfair and Deceptive Private Educational Lending Practices 
and Eliminating Conflicts of Interest 
Sec. 1011. Amendment to the Truth in Lending Act. 
Sec. 1012. Civil liability. 
Sec. 1013. Clerical amendment. 
Subtitle B—Improved Disclosures for Private Education Loans 
Sec. 1021. Private education loan disclosures and limitations. 
Sec. 1022. Application of Truth in Lending Act to all private education loans. 
Subtitle C—College Affordability 
Sec. 1031. Community Reinvestment Act credit for low-cost loans. 
Subtitle D—Financial Literacy; Studies and Reports 
Sec. 1041. Definitions. 
Sec. 1042. Coordinated education efforts. 
TITLE XI—STUDIES AND REPORTS 
Sec. 1101. Study on foreign graduate medical schools. 
Sec. 1102. Employment of postsecondary education graduates. 
Sec. 1103. Study on IPEDS. 
Sec. 1104. Report and study on articulation agreements. 
Sec. 1105. Report on proprietary institutions of higher education. 
Sec. 1106. Analysis of Federal regulations on institutions of higher education. 
Sec. 1107. Independent evaluation of distance education programs. 
Sec. 1108. Review of costs and benefits of environmental, health, and safety stand-
ards. 
Sec. 1109. Study of minority male academic achievement. 
Sec. 1110. Study on bias in standardized tests. 
Sec. 1111. Endowment report. 
Sec. 1112. Study of correctional postsecondary education. 
Sec. 1113. Study of aid to less-than-half-time students. 
Sec. 1114. Study on regional sensitivity in the needs analysis formula. 
Sec. 1115. Study of the impact of student loan debt on public service. 
Sec. 1116. Study on teaching students with reading disabilities. 
Sec. 1117. Report on income contingent repayment through the income tax with-
holding system. 
Sec. 1118. Developing additional measures of degree completion. 
Sec. 1119. Study on the financial and compliance audits of the Federal student loan 
program. 
Sec. 1120. Summit on sustainability. 
Sec. 1121. Nursing school capacity. 
Sec. 1122. Study and report on nonindividual information. 
Sec. 1123. Feasibility study for student loan clearinghouse. 
Sec. 1124. Study on Department of Education oversight of incentive compensation 
ban. 
Sec. 1125. Definition of authorizing committees. 
SEC. 2. REFERENCES. 
Except as otherwise expressly provided, whenever in this Act 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
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122 STAT. 3083 
PUBLIC LAW 110–315—AUG. 14, 2008 
be considered to be made to a section or other provision of the 
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). 
SEC. 3. GENERAL EFFECTIVE DATE. 
Except as otherwise provided in this Act or the amendments 
made by this Act, this Act and the amendments made by this 
Act shall take effect on the date of enactment of this Act. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDU-
CATION. 
(a) AMENDMENTS.—Section 101 (20 U.S.C. 1001) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting before the semicolon 
the following: ‘‘, or persons who meet the requirements 
of section 484(d)(3)’’; and 
(B) in paragraph (3), by inserting ‘‘, or awards a degree 
that is acceptable for admission to a graduate or profes-
sional degree program, subject to review and approval by 
the Secretary’’ after ‘‘such a degree’’; and 
(2) by striking paragraph (2) of subsection (b) and inserting 
the following: 
‘‘(2) a public or nonprofit private educational institution 
in any State that, in lieu of the requirement in subsection 
(a)(1), admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on July 1, 2010. 
SEC. 102. DEFINITION OF INSTITUTION OF HIGHER EDUCATION FOR 
PURPOSES OF TITLE IV PROGRAMS. 
(a) 
INTERNATIONAL
MEDICAL
SCHOOLS
AND
NURSING 
SCHOOLS.—Section 102(a)(2) (20 U.S.C. 1002(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) in the first sentence of the matter preceding clause 
(i), by inserting ‘‘nursing school,’’ after ‘‘graduate medical 
school,’’; 
(B) in clause (i)— 
(i) in the matter preceding subclause (I), by 
inserting 
‘‘except 
as 
provided 
in 
subparagraph 
(B)(iii)(IV),’’ before ‘‘in the case’’; and 
(ii) by striking subclause (II) and inserting the 
following new subclause: 
‘‘(II) the institution— 
‘‘(aa) has or had a clinical training pro-
gram that was approved by a State as of 
January 1, 1992; and 
‘‘(bb) continues to operate a clinical 
training program in at least one State that 
is approved by that State;’’; 
(C) in clause (ii), by striking the period at the end 
and inserting ‘‘; or’’; and 
20 USC 1001 
note. 
20 USC 1001 
note. 
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122 STAT. 3084 
PUBLIC LAW 110–315—AUG. 14, 2008 
(D) by adding at the end the following: 
‘‘(iii) in the case of a nursing school located outside 
of the United States— 
‘‘(I) the nursing school has an agreement with 
a hospital, or accredited school of nursing (as such 
terms are defined in section 801 of the Public 
Health Service Act (42 U.S.C. 296)), located in 
the United States that requires the students of 
the nursing school to complete the students’ clin-
ical training at such hospital or accredited school 
of nursing; 
‘‘(II) the nursing school has an agreement with 
an accredited school of nursing located in the 
United States providing that the students grad-
uating from the nursing school located outside of 
the United States also receive a degree from the 
accredited school of nursing located in the United 
States; 
‘‘(III) the nursing school certifies only Federal 
Stafford Loans under section 428, unsubsidized 
Federal Stafford Loans under section 428H, or Fed-
eral PLUS loans under section 428B for students 
attending the institution; 
‘‘(IV) the nursing school reimburses the Sec-
retary for the cost of any loan defaults for current 
and former students included in the calculation 
of the institution’s cohort default rate during the 
previous fiscal year; and 
‘‘(V) not less than 75 percent of the individuals 
who were students or graduates of the nursing 
school, and who took the National Council Licen-
sure Examination for Registered Nurses in the 
year preceding the year for which the institution 
is certifying a Federal Stafford Loan under section 
428, an unsubsidized Federal Stafford Loan under 
section 428H, or a Federal PLUS loan under sec-
tion 428B, received a passing score on such exam-
ination.’’; and 
(2) in subparagraph (B), by adding at the end the following: 
‘‘(iii) REPORT.— 
‘‘(I) IN GENERAL.—Not later than 1 year after 
the date of enactment of the Higher Education 
Opportunity Act, the advisory panel described in 
clause (i) shall submit a report to the Secretary 
and to the authorizing committees recommending 
eligibility criteria for participation in the loan pro-
grams under part B of title IV for graduate medical 
schools that— 
‘‘(aa) are located outside of the United 
States; 
‘‘(bb) do not meet the requirements of 
subparagraph (A)(i); and 
‘‘(cc) have a clinical training program 
approved by a State prior to January 1, 2008. 
‘‘(II) 
RECOMMENDATIONS.—In 
the 
report 
described in subclause (I), the advisory panel’s 
eligibility criteria shall include recommendations 
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122 STAT. 3085 
PUBLIC LAW 110–315—AUG. 14, 2008 
regarding the appropriate levels of performance 
for graduate medical schools described in such sub-
clause in the following areas: 
‘‘(aa) Entrance requirements. 
‘‘(bb) Retention and graduation rates. 
‘‘(cc) Successful placement of students in 
United States medical residency programs. 
‘‘(dd) Passage rate of students on the 
United States Medical Licensing Examination. 
‘‘(ee) The extent to which State medical 
boards have assessed the quality of such 
school’s program of instruction, including 
through on-site reviews. 
‘‘(ff) The extent to which graduates of such 
schools would be unable to practice medicine 
in 1 or more States, based on the judgment 
of a State medical board. 
‘‘(gg) Any areas recommended by the 
Comptroller General of the United States 
under section 1101 of the Higher Education 
Opportunity Act. 
‘‘(hh) Any additional areas the Secretary 
may require. 
‘‘(III) MINIMUM ELIGIBILITY REQUIREMENT.—In 
the recommendations described in subclause (II), 
the criteria described in subparagraph (A)(i)(I)(bb), 
as amended by section 102(b) of the Higher Edu-
cation Opportunity Act, shall be a minimum eligi-
bility requirement for a graduate medical school 
described in subclause (I) to participate in the 
loan programs under part B of title IV. 
‘‘(IV) AUTHORITY.—The Secretary may— 
‘‘(aa) not earlier than 180 days after the 
submission of the report described in sub-
clause (I), issue proposed regulations estab-
lishing criteria for the eligibility of graduate 
medical schools described in such subclause 
to participate in the loan programs under part 
B of title IV based on the recommendations 
of such report; and 
‘‘(bb) not earlier than one year after the 
issuance of proposed regulations under item 
(aa), issue final regulations establishing such 
criteria for eligibility.’’. 
(b) PERCENTAGE PASS RATE.—Section 102(a)(2)(A)(i)(I)(bb) (20 
U.S.C. 1002(a)(2)(A)(i)(I)(bb)) is amended by striking ‘‘60’’ and 
inserting ‘‘75’’. 
(c) CONFORMING AMENDMENT CONCERNING 90/10 ENFORCE-
MENT.—Section 102(b)(1) (20 U.S.C. 1002(b)(1)) is amended— 
(1) in subparagraph (D), by adding ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (E), by striking ‘‘; and’’ and inserting 
a period; and 
(3) by striking subparagraph (F). 
(d) ADDITIONAL INSTITUTIONS.— 
(1) AMENDMENT.—Section 102 (20 U.S.C. 1002) is further 
amended— 
Deadlines. 
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122 STAT. 3086 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) in subsection (b)— 
(i) by striking paragraph (1)(A) and inserting the 
following: 
‘‘(A)(i) provides an eligible program of training to pre-
pare students for gainful employment in a recognized 
occupation; or 
‘‘(ii)(I) provides a program leading to a baccalaureate 
degree in liberal arts, and has provided such a program 
since January 1, 2009; and 
‘‘(II) is accredited by a recognized regional accrediting 
agency or association, and has continuously held such 
accreditation since October 1, 2007, or earlier;’’; and 
(ii) by striking paragraph (2) and inserting the 
following: 
‘‘(2) ADDITIONAL
INSTITUTIONS.—The term ‘proprietary 
institution of higher education’ also includes a proprietary edu-
cational institution in any State that, in lieu of the requirement 
in section 101(a)(1), admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’; and 
(B) by striking paragraph (2) of subsection (c) and 
inserting the following: 
‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘postsecondary 
vocational institution’ also includes an educational institution 
in any State that, in lieu of the requirement in section 101(a)(1), 
admits as regular students individuals— 
‘‘(A) who are beyond the age of compulsory school 
attendance in the State in which the institution is located; 
or 
‘‘(B) who will be dually or concurrently enrolled in 
the institution and a secondary school.’’. 
(2) RULE OF CONSTRUCTION.—Nothing in the amendment 
made by paragraph (1)(A)(i) to section 102(b)(1)(A) of the Higher 
Education Act of 1965 (20 U.S.C. 1002(b)(1)(A)) shall be con-
strued to negate or supercede any State laws governing propri-
etary institutions of higher education. 
(e) EFFECTIVE DATE.—The amendments made by subsections 
(a)(1), (b), and (d) shall take effect on July 1, 2010. 
SEC. 103. ADDITIONAL DEFINITIONS. 
(a) ADDITIONAL DEFINITIONS.— 
(1) AMENDMENT.—Section 103 (20 U.S.C. 1003) is amended 
by adding at the end the following: 
‘‘(17) AUTHORIZING
COMMITTEES.—The term ‘authorizing 
committees’ means the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Education 
and Labor of the House of Representatives. 
‘‘(18) CRITICAL FOREIGN LANGUAGE.—Except as otherwise 
provided, the term ‘critical foreign language’ means each of 
the languages contained in the list of critical languages des-
ignated by the Secretary in the Federal Register on August 
2, 1985 (50 Fed. Reg. 31412; promulgated under the authority 
of section 212(d) of the Education for Economic Security Act 
(repealed by section 2303 of the Augustus F. Hawkins-Robert 
20 USC 1002 
note. 
20 USC 1002 
note. 
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122 STAT. 3087 
PUBLIC LAW 110–315—AUG. 14, 2008 
T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988)), as updated by the Secretary from time 
to time and published in the Federal Register, except that 
in the implementation of this definition with respect to a spe-
cific title, the Secretary may set priorities according to the 
purposes of such title and the national security, economic 
competitiveness, and educational needs of the United States. 
‘‘(19) DISTANCE EDUCATION.— 
‘‘(A) IN GENERAL.—Except as otherwise provided, the 
term ‘distance education’ means education that uses one 
or more of the technologies described in subparagraph (B)— 
‘‘(i) to deliver instruction to students who are sepa-
rated from the instructor; and 
‘‘(ii) to support regular and substantive interaction 
between the students and the instructor, synchronously 
or asynchronously. 
‘‘(B) INCLUSIONS.—For the purposes of subparagraph 
(A), the technologies used may include— 
‘‘(i) the Internet; 
‘‘(ii) one-way and two-way transmissions through 
open broadcast, closed circuit, cable, microwave, 
broadband lines, fiber optics, satellite, or wireless 
communications devices; 
‘‘(iii) audio conferencing; or 
‘‘(iv) video cassettes, DVDs, and CD–ROMs, if the 
cassettes, DVDs, or CD–ROMs are used in a course 
in conjunction with any of the technologies listed in 
clauses (i) through (iii). 
‘‘(20) DIPLOMA MILL.—The term ‘diploma mill’ means an 
entity that— 
‘‘(A)(i) offers, for a fee, degrees, diplomas, or certifi-
cates, that may be used to represent to the general public 
that the individual possessing such a degree, diploma, or 
certificate has completed a program of postsecondary edu-
cation or training; and 
‘‘(ii) requires such individual to complete little or no 
education or coursework to obtain such degree, diploma, 
or certificate; and 
‘‘(B) lacks accreditation by an accrediting agency or 
association that is recognized as an accrediting agency 
or association of institutions of higher education (as such 
term is defined in section 102) by— 
‘‘(i) the Secretary pursuant to subpart 2 of part 
H of title IV; or 
‘‘(ii) a Federal agency, State government, or other 
organization or association that recognizes accrediting 
agencies or associations. 
‘‘(21) EARLY CHILDHOOD EDUCATION PROGRAM.—The term 
‘early childhood education program’ means— 
‘‘(A) a Head Start program or an Early Head Start 
program carried out under the Head Start Act (42 U.S.C. 
9831 et seq.), including a migrant or seasonal Head Start 
program, an Indian Head Start program, or a Head Start 
program or an Early Head Start program that also receives 
State funding; 
‘‘(B) a State licensed or regulated child care program; 
or 
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122 STAT. 3088 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) a program that— 
‘‘(i) serves children from birth through age six 
that addresses the children’s cognitive (including lan-
guage, early literacy, and early mathematics), social, 
emotional, and physical development; and 
‘‘(ii) is— 
‘‘(I) a State prekindergarten program; 
‘‘(II) a program authorized under section 619 
or part C of the Individuals with Disabilities Edu-
cation Act; or 
‘‘(III) a program operated by a local edu-
cational agency. 
‘‘(22) POVERTY LINE.—The term ‘poverty line’ means the 
poverty line (as defined in section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)) applicable to 
a family of the size involved. 
‘‘(23) UNIVERSAL DESIGN.—The term ‘universal design’ has 
the meaning given the term in section 3 of the Assistive Tech-
nology Act of 1998 (29 U.S.C. 3002). 
‘‘(24) UNIVERSAL DESIGN FOR LEARNING.—The term ‘uni-
versal design for learning’ means a scientifically valid frame-
work for guiding educational practice that— 
‘‘(A) provides flexibility in the ways information is pre-
sented, in the ways students respond or demonstrate 
knowledge and skills, and in the ways students are 
engaged; and 
‘‘(B) reduces barriers in instruction, provides appro-
priate accommodations, supports, and challenges, and 
maintains high achievement expectations for all students, 
including students with disabilities and students who are 
limited English proficient.’’. 
(2) REDESIGNATION AND REORDERING OF DEFINITIONS.—Sec-
tion 103 (as amended by paragraph (1)) (20 U.S.C. 1003) is 
further amended by reordering paragraphs (1) through (16) 
and the paragraphs added by paragraph (1) of this subsection 
in alphabetical order based on the headings of such paragraphs, 
and renumbering such paragraphs as so reordered. 
(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 1001 et 
seq.) is amended— 
(1) in section 131(a)(3)(B) (20 U.S.C. 1015(a)(3)(B)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’; 
(2) in section 141(d)(4)(B) (20 U.S.C. 1018(d)(4)(B)), by 
striking ‘‘Committee on Education and the Workforce of the 
House of Representatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘authorizing 
committees’’; 
(3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), by striking 
‘‘to the Committee on Appropriations’’ and all that follows 
through ‘‘House of Representatives’’ and inserting ‘‘to the Com-
mittee on Appropriations of the Senate, the Committee on 
Appropriations of the House of Representatives, and the author-
izing committees’’; 
(4) in section 428 (20 U.S.C. 1078)— 
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122 STAT. 3089 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) in subsection (c)(9)(K), by striking ‘‘House Com-
mittee on Education and the Workforce and the Senate 
Committee on Labor and Human Resources’’ and inserting 
‘‘authorizing committees’’; 
(B) in the matter following paragraph (2) of subsection 
(g), by striking ‘‘Committee on Labor and Human Resources 
of the Senate and the Committee on Education and the 
Workforce of the House of Representatives’’ and inserting 
‘‘authorizing committees’’; 
(C) in subsection (j)(9)(A) (as added by section 5(a) 
of the Ensuring Continued Access to Student Loans Act 
of 2008), by striking ‘‘Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee 
on Education and Labor of the House of Representatives’’ 
each place the term appears and inserting ‘‘authorizing 
committees’’; and 
(D) in subsection (n)(4), by striking ‘‘Committee on 
Education and the Workforce of the House of Representa-
tives and the Committee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘authorizing committees’’; 
(5) in section 428A(c) (20 U.S.C. 1078–1(c))— 
(A) in the matter preceding subparagraph (A) of para-
graph (2), by striking ‘‘Chairperson’’ and all that follows 
through ‘‘House of Representatives’’ and inserting ‘‘mem-
bers of the authorizing committees’’; 
(B) in paragraph (3), by striking ‘‘Chairperson’’ and 
all that follows through ‘‘House of Representatives’’ and 
inserting ‘‘members of the authorizing committees’’; and 
(C) in paragraph (5), by striking ‘‘Chairperson’’ and 
all that follows through ‘‘House of Representatives’’ and 
inserting ‘‘members of the authorizing committees’’; 
(6) in section 432 (20 U.S.C. 1082)— 
(A) in subsection (f)(1)(C), by striking ‘‘the Committee 
on Education and the Workforce of the House of Represent-
atives or the Committee on Labor and Human Resources 
of the Senate’’ and inserting ‘‘either of the authorizing 
committees’’; and 
(B) in the matter following subparagraph (D) of sub-
section (n)(3), by striking ‘‘Committee on Education and 
the Workforce of the House of Representatives and the 
Committee on Labor and Human Resources of the Senate’’ 
and inserting ‘‘authorizing committees’’; 
(7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), by striking 
‘‘Committee on Education and the Workforce of the House 
of Representatives and the Committee on Labor and Human 
Resources of the Senate’’ and inserting ‘‘authorizing commit-
tees’’; 
(8) in section 455(b)(8)(B) (20 U.S.C. 1087e(b)(8)(B)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’; 
(9) in section 482(d) (20 U.S.C. 1089(d)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and Labor of the House of Rep-
resentatives’’ and inserting ‘‘authorizing committees’’; 
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122 STAT. 3090 
PUBLIC LAW 110–315—AUG. 14, 2008 
(10) in section 483(c) (20 U.S.C. 1090(c)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House 
of Representatives’’ and inserting ‘‘authorizing committees’’; 
(11) in section 485(f)(5)(A) (20 U.S.C. 1092(f)(5)(A)), by 
striking ‘‘Committee on Education and the Workforce of the 
House of Representatives and the Committee on Labor and 
Human Resources of the Senate’’ and inserting ‘‘authorizing 
committees’’; 
(12) in section 486(e) (20 U.S.C. 1093(e)), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate and 
the Committee on Education and the Workforce of the House 
of Representatives’’ and inserting ‘‘authorizing committees’’; and 
(13) in section 487A(a)(5) (20 U.S.C. 1094a(a)(5)), by 
striking ‘‘Committee on Labor and Human Resources of the 
Senate and the Committee on Education and the Workforce 
of the House of Representatives’’ and inserting ‘‘authorizing 
committees’’. 
SEC. 104. PROTECTION OF STUDENT SPEECH AND ASSOCIATION 
RIGHTS. 
Section 112 (20 U.S.C. 1011a) is amended— 
(1) in subsection (a)— 
(A) by inserting ‘‘(1)’’ before ‘‘It is the sense’’; and 
(B) by adding at the end the following: 
‘‘(2) It is the sense of Congress that— 
‘‘(A) the diversity of institutions and educational missions 
is one of the key strengths of American higher education; 
‘‘(B) individual institutions of higher education have dif-
ferent missions and each institution should design its academic 
program in accordance with its educational goals; 
‘‘(C) an institution of higher education should facilitate 
the free and open exchange of ideas; 
‘‘(D) students should not be intimidated, harassed, discour-
aged from speaking out, or discriminated against; 
‘‘(E) students should be treated equally and fairly; and 
‘‘(F) nothing in this paragraph shall be construed to modify, 
change, or infringe upon any constitutionally protected religious 
liberty, freedom, expression, or association.’’; and 
(2) in subsection (b)(1), by inserting ‘‘, provided that the 
imposition of such sanction is done objectively and fairly’’ after 
‘‘higher education’’. 
SEC. 105. TREATMENT OF TERRITORIES AND TERRITORIAL STUDENT 
ASSISTANCE. 
Section 113 (20 U.S.C. 1011b) is amended— 
(1) by striking ‘‘TREATMENT OF TERRITORIES AND TERRI-
TORIAL STUDENT ASSISTANCE’’ in the heading of such section 
and inserting ‘‘TERRITORIAL WAIVER AUTHORITY’’; 
(2) by striking ‘‘(a) WAIVER AUTHORITY.—’’; and 
(3) by striking subsection (b). 
SEC. 106. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 
QUALITY AND INTEGRITY. 
(a) AMENDMENT.—Section 114 (20 U.S.C. 1011c) is amended 
to read as follows: 
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122 STAT. 3091 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 114. NATIONAL ADVISORY COMMITTEE ON INSTITUTIONAL 
QUALITY AND INTEGRITY. 
‘‘(a) ESTABLISHMENT.—There is established in the Department 
a National Advisory Committee on Institutional Quality and Integ-
rity (in this section referred to as the ‘Committee’) to assess the 
process of accreditation and the institutional eligibility and certifi-
cation of institutions of higher education (as defined in section 
102) under title IV. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall have 18 members, 
of which— 
‘‘(A) six members shall be appointed by the Secretary; 
‘‘(B) six members shall be appointed by the Speaker 
of the House of Representatives, three of whom shall be 
appointed on the recommendation of the majority leader 
of the House of Representatives, and three of whom shall 
be appointed on the recommendation of the minority leader 
of the House of Representatives; and 
‘‘(C) six members shall be appointed by the President 
pro tempore of the Senate, three of whom shall be 
appointed on the recommendation of the majority leader 
of the Senate, and three of whom shall be appointed on 
the recommendation of the minority leader of the Senate. 
‘‘(2) QUALIFICATIONS.—Individuals shall be appointed as 
members of the Committee— 
‘‘(A) on the basis of the individuals’ experience, integ-
rity, impartiality, and good judgment; 
‘‘(B) from among individuals who are representatives 
of, or knowledgeable concerning, education and training 
beyond secondary education, representing all sectors and 
types of institutions of higher education (as defined in 
section 102); and 
‘‘(C) on the basis of the individuals’ technical qualifica-
tions, professional standing, and demonstrated knowledge 
in the fields of accreditation and administration in higher 
education. 
‘‘(3) TERMS OF MEMBERS.—Except as provided in paragraph 
(5), the term of office of each member of the Committee shall 
be for six years, except that any member appointed to fill 
a vacancy occurring prior to the expiration of the term for 
which the member’s predecessor was appointed shall be 
appointed for the remainder of such term. 
‘‘(4) VACANCY.—A vacancy on the Committee shall be filled 
in the same manner as the original appointment was made 
not later than 90 days after the vacancy occurs. If a vacancy 
occurs in a position to be filled by the Secretary, the Secretary 
shall publish a Federal Register notice soliciting nominations 
for the position not later than 30 days after being notified 
of the vacancy. 
‘‘(5) INITIAL
TERMS.—The terms of office for the initial 
members of the Committee shall be— 
‘‘(A) three years for members appointed under para-
graph (1)(A); 
‘‘(B) four years for members appointed under para-
graph (1)(B); and 
‘‘(C) six years for members appointed under paragraph 
(1)(C). 
Federal Register, 
publication. 
Notice. 
Deadlines. 
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122 STAT. 3092 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(6) CHAIRPERSON.—The members of the Committee shall 
select a chairperson from among the members. 
‘‘(c) FUNCTIONS.—The Committee shall— 
‘‘(1) advise the Secretary with respect to establishment 
and enforcement of the standards of accrediting agencies or 
associations under subpart 2 of part H of title IV; 
‘‘(2) advise the Secretary with respect to the recognition 
of a specific accrediting agency or association; 
‘‘(3) advise the Secretary with respect to the preparation 
and publication of the list of nationally recognized accrediting 
agencies and associations; 
‘‘(4) advise the Secretary with respect to the eligibility 
and certification process for institutions of higher education 
under title IV, together with recommendations for improve-
ments in such process; 
‘‘(5) advise the Secretary with respect to the relationship 
between— 
‘‘(A) accreditation of institutions of higher education 
and the certification and eligibility of such institutions; 
and 
‘‘(B) State licensing responsibilities with respect to such 
institutions; and 
‘‘(6) carry out such other advisory functions relating to 
accreditation and institutional eligibility as the Secretary may 
prescribe by regulation. 
‘‘(d) MEETING PROCEDURES.— 
‘‘(1) SCHEDULE.— 
‘‘(A) BIANNUAL MEETINGS.—The Committee shall meet 
not less often than twice each year, at the call of the 
Chairperson. 
‘‘(B) PUBLICATION
OF
DATE.—The Committee shall 
submit the date and location of each meeting in advance 
to the Secretary, and the Secretary shall publish such 
information in the Federal Register not later than 30 days 
before the meeting. 
‘‘(2) AGENDA.— 
‘‘(A) ESTABLISHMENT.—The agenda for a meeting of 
the Committee shall be established by the Chairperson 
and shall be submitted to the members of the Committee 
upon notification of the meeting. 
‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.—The agenda 
shall include, at a minimum, opportunity for public com-
ment during the Committee’s deliberations. 
‘‘(3) SECRETARY’S DESIGNEE.—The Secretary shall designate 
an employee of the Department to serve as the Secretary’s 
designee to the Committee, and the Chairperson shall invite 
the Secretary’s designee to attend all meetings of the Com-
mittee. 
‘‘(4) FEDERAL
ADVISORY
COMMITTEE
ACT.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall apply to the 
Committee, except that section 14 of such Act shall not apply. 
‘‘(e) REPORT AND NOTICE.— 
‘‘(1) NOTICE.—The Secretary shall annually publish in the 
Federal Register— 
‘‘(A) a list containing, for each member of the Com-
mittee— 
‘‘(i) the member’s name; 
Federal Register, 
publication. 
Federal Register, 
publication. 
Deadline. 
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122 STAT. 3093 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) the date of the expiration of the member’s 
term of office; and 
‘‘(iii) the name of the individual described in sub-
section (b)(1) who appointed the member; and 
‘‘(B) a solicitation of nominations for each expiring 
term of office on the Committee of a member appointed 
by the Secretary. 
‘‘(2) REPORT.—Not later than the last day of each fiscal 
year, the Committee shall make available an annual report 
to the Secretary, the authorizing committees, and the public. 
The annual report shall contain— 
‘‘(A) a detailed summary of the agenda and activities 
of, and the findings and recommendations made by, the 
Committee during the fiscal year preceding the fiscal year 
in which the report is made; 
‘‘(B) a list of the date and location of each meeting 
during the fiscal year preceding the fiscal year in which 
the report is made; 
‘‘(C) a list of the members of the Committee; and 
‘‘(D) a list of the functions of the Committee, including 
any additional functions established by the Secretary 
through regulation. 
‘‘(f) TERMINATION.—The Committee shall terminate on Sep-
tember 30, 2014.’’. 
(b) TRANSITION.—Notwithstanding section 114 of the Higher 
Education Act of 1965 (20 U.S.C. 1011c) (as in effect before, during, 
and after the date of enactment of this Act)— 
(1) the term of each member appointed to the National 
Advisory Committee on Institutional Quality and Integrity 
before the date of enactment of this Act shall expire on the 
date of enactment of this Act; 
(2) no new members shall be appointed to the National 
Advisory Committee on Institutional Quality and Integrity 
during the period beginning on the date of enactment of this 
Act and ending on January 31, 2009; and 
(3) no meeting of the National Advisory Committee on 
Institutional Quality and Integrity shall be convened during 
such period. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on January 1, 2009. 
SEC. 107. DRUG AND ALCOHOL ABUSE PREVENTION. 
Section 120 (20 U.S.C. 1011i) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (A), by striking ‘‘and’’ after the 
semicolon; 
(B) by redesignating subparagraph (B) as subpara-
graph (D); and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) determine the number of drug and alcohol-related 
violations and fatalities that— 
‘‘(i) occur on the institution’s campus (as defined 
in section 485(f)(6)), or as part of any of the institution’s 
activities; and 
‘‘(ii) are reported to campus officials; 
‘‘(C) determine the number and type of sanctions 
described in paragraph (1)(E) that are imposed by the 
20 USC 1011c 
note. 
20 USC 1011c 
note. 
Public 
information. 
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122 STAT. 3094 
PUBLIC LAW 110–315—AUG. 14, 2008 
institution as a result of drug and alcohol-related violations 
and fatalities on the institution’s campus or as part of 
any of the institution’s activities; and’’; 
(2) in subsection (e)(5), by striking ‘‘$5,000,000’’ and all 
that follows through the period at the end and inserting ‘‘such 
sums as may be necessary for fiscal year 2009 and each of 
the five succeeding fiscal years.’’; and 
(3) by striking subsection (f). 
SEC. 108. PRIOR RIGHTS AND OBLIGATIONS. 
Section 121(a) (20 U.S.C. 1011j(a)) is amended— 
(1) in paragraph (1), by striking ‘‘1999 and for each of 
the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 
each succeeding fiscal year’’; and 
(2) in paragraph (2), by striking ‘‘1999 and for each of 
the 4 succeeding fiscal years’’ and inserting ‘‘2009 and for 
each succeeding fiscal year’’. 
SEC. 109. DIPLOMA MILLS. 
Part B of title I (20 U.S.C. 1011 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 123. DIPLOMA MILLS. 
‘‘(a) INFORMATION TO THE PUBLIC.—The Secretary shall main-
tain information and resources on the Department’s website to 
assist students, families, and employers in understanding what 
a diploma mill is and how to identify and avoid diploma mills. 
‘‘(b) COLLABORATION.—The Secretary shall continue to collabo-
rate with the United States Postal Service, the Federal Trade 
Commission, the Department of Justice (including the Federal 
Bureau of Investigation), the Internal Revenue Service, and the 
Office of Personnel Management to maximize Federal efforts to— 
‘‘(1) prevent, identify, and prosecute diploma mills; and 
‘‘(2) broadly disseminate to the public information about 
diploma mills, and resources to identify diploma mills.’’. 
SEC. 110. IMPROVED INFORMATION CONCERNING THE FEDERAL STU-
DENT FINANCIAL AID WEBSITE. 
(a) 
PROMOTION
OF
FEDERAL
STUDENT
FINANCIAL
AID 
WEBSITE.—Section 131 (20 U.S.C. 1015) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) PROMOTION OF THE DEPARTMENT OF EDUCATION FEDERAL 
STUDENT FINANCIAL AID WEBSITE.—The Secretary shall display 
a link to the Federal student financial aid website of the Depart-
ment in a prominent place on the homepage of the Department’s 
website. 
‘‘(e) ENHANCED STUDENT FINANCIAL AID INFORMATION.— 
‘‘(1) IMPLEMENTATION.—The Secretary shall continue to 
improve the usefulness and accessibility of the information 
provided by the Department on college planning and student 
financial aid. 
‘‘(2) DISSEMINATION.—The Secretary shall continue to make 
the availability of the information on the Federal student finan-
cial aid website of the Department widely known, through 
a major media campaign and other forms of communication. 
Web site. 
20 USC 1011l. 
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122 STAT. 3095 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) COORDINATION.—As a part of the efforts required under 
this subsection, the Secretary shall create one website acces-
sible from the Department’s website that fulfills the require-
ments under subsections (b), (f), and (g).’’. 
(b) IMPROVED INFORMATION CONCERNING FINANCIAL AID FOR 
MILITARY MEMBERS AND VETERANS.—Section 131 (as amended by 
subsection (a)) (20 U.S.C. 1015) is further amended by adding 
at the end the following: 
‘‘(f) IMPROVED AVAILABILITY AND COORDINATION OF INFORMA-
TION CONCERNING STUDENT FINANCIAL AID PROGRAMS FOR MILI-
TARY MEMBERS AND VETERANS.— 
‘‘(1) COORDINATION.—The Secretary, in coordination with 
the Secretary of Defense and the Secretary of Veterans Affairs, 
shall create a searchable website that— 
‘‘(A) contains information, in simple and understand-
able terms, about all Federal and State student financial 
assistance, readmission requirements under section 484C, 
and other student services, for which members of the 
Armed Forces (including members of the National Guard 
and Reserves), veterans, and the dependents of such mem-
bers or veterans may be eligible; and 
‘‘(B) is easily accessible through the website described 
in subsection (e)(3). 
‘‘(2) IMPLEMENTATION.—Not later than one year after the 
date of enactment of the Higher Education Opportunity Act, 
the Secretary shall make publicly available the Armed Forces 
information website described in paragraph (1). 
‘‘(3) DISSEMINATION.—The Secretary, in coordination with 
the Secretary of Defense and the Secretary of Veterans Affairs, 
shall make the availability of the Armed Forces information 
website described in paragraph (1) widely known to members 
of the Armed Forces (including members of the National Guard 
and Reserves), veterans, the dependents of such members or 
veterans, States, institutions of higher education, and the gen-
eral public. 
‘‘(4) DEFINITION.—In this subsection, the term ‘Federal and 
State student financial assistance’ means any grant, loan, work 
assistance, tuition assistance, scholarship, fellowship, or other 
form of financial aid for pursuing a postsecondary education 
that is— 
‘‘(A) administered, sponsored, or supported by the 
Department of Education, the Department of Defense, the 
Department of Veterans Affairs, or a State; and 
‘‘(B) available to members of the Armed Forces 
(including members of the National Guard and Reserves), 
veterans, or the dependents of such members or veterans. 
‘‘(g) PROMOTION OF AVAILABILITY OF INFORMATION CONCERNING 
OTHER STUDENT FINANCIAL AID PROGRAMS.— 
‘‘(1) DEFINITION.—For purposes of this subsection, the term 
‘nondepartmental student financial assistance program’ means 
any grant, loan, scholarship, fellowship, or other form of finan-
cial aid for students pursuing a postsecondary education that 
is— 
‘‘(A) distributed directly to the student or to the stu-
dent’s account at an institution of higher education; and 
Deadline. 
Web site. 
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122 STAT. 3096 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) operated, sponsored, or supported by a Federal 
department or agency other than the Department of Edu-
cation. 
‘‘(2) AVAILABILITY
OF
OTHER
STUDENT
FINANCIAL
AID 
INFORMATION.—The Secretary shall ensure that— 
‘‘(A) not later than 90 days after the Secretary receives 
the information required under paragraph (3), the eligi-
bility requirements, application procedures, financial terms 
and conditions, and other relevant information for each 
nondepartmental student financial assistance program are 
searchable and accessible through the Federal student 
financial aid website in a manner that is simple and under-
standable for students and the students’ families; and 
‘‘(B) the website displaying the information described 
in subparagraph (A) includes a link to the National Data-
base on Financial Assistance for the Study of Science, 
Technology, Engineering, and Mathematics pursuant to 
paragraph (4), and the information on military benefits 
under subsection (f), once such Database and information 
are available. 
‘‘(3) NONDEPARTMENTAL
STUDENT
FINANCIAL
ASSISTANCE 
PROGRAMS.—The Secretary shall request all Federal depart-
ments and agencies to provide the information described in 
paragraph (2)(A), and each Federal department or agency 
shall— 
‘‘(A) promptly respond to surveys or other requests 
from the Secretary for the information described in such 
paragraph; and 
‘‘(B) identify for the Secretary any nondepartmental 
student financial assistance program operated, sponsored, 
or supported by such Federal department or agency. 
‘‘(4) NATIONAL STEM DATABASE.— 
‘‘(A) IN GENERAL.—The Secretary shall establish and 
maintain, on the website described in subsection (e)(3), 
a National Database on Financial Assistance for the Study 
of Science, Technology, Engineering, and Mathematics (in 
this paragraph referred to as the ‘STEM Database’). The 
STEM Database shall consist of information on scholar-
ships, fellowships, and other programs of Federal, State, 
local, and, to the maximum extent practicable, private 
financial assistance available for the study of science, tech-
nology, engineering, or mathematics at the postsecondary 
and postbaccalaureate levels. 
‘‘(B) DATABASE
CONTENTS.—The information main-
tained on the STEM Database shall be displayed on the 
website in the following manner: 
‘‘(i) SEPARATE INFORMATION.—The STEM Database 
shall provide separate information for each of the fields 
of science, technology, engineering, and mathematics, 
and for postsecondary and postbaccalaureate programs 
of financial assistance. 
‘‘(ii) INFORMATION ON TARGETED ASSISTANCE.—The 
STEM Database shall provide specific information on 
any program of financial assistance that is targeted 
to individuals based on financial need, merit, or stu-
dent characteristics. 
Web site. 
Deadline. 
Web site. 
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122 STAT. 3097 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iii) CONTACT
AND
WEBSITE
INFORMATION.—The 
STEM Database shall provide— 
‘‘(I) standard contact information that an 
interested person may use to contact a sponsor 
of any program of financial assistance included 
in the STEM Database; and 
‘‘(II) if such sponsor maintains a public 
website, a link to the website. 
‘‘(iv) SEARCH
AND
MATCH
CAPABILITIES.—The 
STEM Database shall— 
‘‘(I) have a search capability that permits an 
individual to search for information on the basis 
of each category of the information provided 
through the STEM Database and on the basis 
of combinations of categories of the information 
provided, including— 
‘‘(aa) whether the financial assistance is 
need- or merit-based; and 
‘‘(bb) by relevant academic majors; and 
‘‘(II) have a match capability that— 
‘‘(aa) searches the STEM Database for all 
financial assistance opportunities for which an 
individual may be qualified to apply, based 
on the student characteristics provided by 
such individual; and 
‘‘(bb) provides information to an individual 
for only those opportunities for which such 
individual is qualified, based on the student 
characteristics provided by such individual. 
‘‘(v) 
RECOMMENDATION
AND
DISCLAIMER.—The 
STEM Database shall provide, to the users of the 
STEM Database— 
‘‘(I) a recommendation that students and fami-
lies should carefully review all of the application 
requirements prior to applying for any aid or pro-
gram of student financial assistance; and 
‘‘(II) a disclaimer that the non-Federal pro-
grams of student financial assistance presented 
in the STEM Database are not provided or 
endorsed by the Department or the Federal 
Government. 
‘‘(C) COMPILATION OF FINANCIAL ASSISTANCE INFORMA-
TION.—In carrying out this paragraph, the Secretary 
shall— 
‘‘(i) consult with public and private sources of schol-
arships, fellowships, and other programs of student 
financial assistance; and 
‘‘(ii) make easily available a process for such enti-
ties to provide regular and updated information about 
the scholarships, fellowships, or other programs of stu-
dent financial assistance. 
‘‘(D) CONTRACT
AUTHORIZED.—In carrying out the 
requirements of this paragraph, the Secretary is authorized 
to enter into a contract with a private entity with dem-
onstrated expertise in creating and maintaining databases 
such as the one required under this paragraph, under 
which contract the entity shall furnish, and regularly 
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122 STAT. 3098 
PUBLIC LAW 110–315—AUG. 14, 2008 
update, all of the information required to be maintained 
on the STEM Database. 
‘‘(5) DISSEMINATION OF INFORMATION.—The Secretary shall 
take such actions, on an ongoing basis, as may be necessary 
to disseminate information under this subsection and to encour-
age the use of the information by interested parties, including 
sending notices to secondary schools and institutions of higher 
education.’’. 
(c) NO USER FEES FOR DEPARTMENT FINANCIAL AID WEBSITES.— 
Section 131 (as amended by subsection (b)) (20 U.S.C. 1015) is 
further amended by adding at the end the following: 
‘‘(h) NO
USER
FEES
FOR
DEPARTMENT
FINANCIAL
AID 
WEBSITES.—No fee shall be charged to any individual to access— 
‘‘(1) a database or website of the Department that provides 
information about higher education programs or student finan-
cial assistance, including the College Navigator website (or 
successor website) and the websites and databases described 
in this section and section 132; or 
‘‘(2) information about higher education programs or stu-
dent financial assistance available through a database or 
website of the Department.’’. 
SEC. 111. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 
Part C of title I (20 U.S.C. 1015) is amended by adding at 
the end the following: 
‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION FOR CONSUMERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COLLEGE
NAVIGATOR
WEBSITE.—The term ‘College 
Navigator website’ means the College Navigator website oper-
ated by the Department and includes any successor website. 
‘‘(2) COST OF ATTENDANCE.—The term ‘cost of attendance’ 
means the average annual cost of tuition and fees, room and 
board, books, supplies, and transportation for an institution 
of higher education for a first-time, full-time undergraduate 
student enrolled in the institution. 
‘‘(3) NET PRICE.—The term ‘net price’ means the average 
yearly price actually charged to first-time, full-time under-
graduate students receiving student aid at an institution of 
higher education after deducting such aid, which shall be deter-
mined by calculating the difference between— 
‘‘(A) the institution’s cost of attendance for the year 
for which the determination is made; and 
‘‘(B) the quotient of— 
‘‘(i) the total amount of need-based grant aid and 
merit-based grant aid, from Federal, State, and institu-
tional sources, provided to such students enrolled in 
the institution for such year; and 
‘‘(ii) the total number of such students receiving 
such need-based grant aid or merit-based grant aid 
for such year. 
‘‘(4) TUITION AND FEES.—The term ‘tuition and fees’ means 
the average annual cost of tuition and fees for an institution 
of higher education for first-time, full-time undergraduate stu-
dents enrolled in the institution. 
‘‘(b) CALCULATIONS FOR PUBLIC INSTITUTIONS.—In making the 
calculations regarding cost of attendance, net price, and tuition 
and fees under this section with respect to a public institution 
20 USC 1015a. 
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122 STAT. 3099 
PUBLIC LAW 110–315—AUG. 14, 2008 
of higher education, the Secretary shall calculate the cost of attend-
ance, net price, and tuition and fees at such institution in the 
manner described in subsection (a), except that— 
‘‘(1) the cost of attendance, net price, and tuition and fees 
shall be calculated for first-time, full-time undergraduate stu-
dents enrolled in the institution who are residents of the State 
in which such institution is located; and 
‘‘(2) in determining the net price, the average need-based 
grant aid and merit-based grant aid described in subsection 
(a)(3)(B) shall be calculated based on the average total amount 
of such aid received by first-time, full-time undergraduate stu-
dents who are residents of the State in which such institution 
is located, divided by the total number of such resident students 
receiving such need-based grant aid or merit-based grant aid 
at such institution. 
‘‘(c) COLLEGE AFFORDABILITY AND TRANSPARENCY LISTS.— 
‘‘(1) AVAILABILITY OF LISTS.—Beginning July 1, 2011, the 
Secretary shall make publicly available on the College Navi-
gator website, in a manner that is sortable and searchable 
by State, the following: 
‘‘(A) A list of the five percent of institutions in each 
category described in subsection (d) that have the highest 
tuition and fees for the most recent academic year for 
which data are available. 
‘‘(B) A list of the five percent of institutions in each 
such category that have the highest net price for the most 
recent academic year for which data are available. 
‘‘(C) A list of the five percent of institutions in each 
such category that have the largest increase, expressed 
as a percentage change, in tuition and fees over the most 
recent three academic years for which data are available, 
using the first academic year of the three-year period as 
the base year to compute such percentage change. 
‘‘(D) A list of the five percent of institutions in each 
such category that have the largest increase, expressed 
as a percentage change, in net price over the most recent 
three academic years for which data are available, using 
the first academic year of the three-year period as the 
base year to compute such percentage change. 
‘‘(E) A list of the ten percent of institutions in each 
such category that have the lowest tuition and fees for 
the most recent academic year for which data are available. 
‘‘(F) A list of the ten percent of institutions in each 
such category that have the lowest net price for the most 
recent academic year for which data are available. 
‘‘(2) ANNUAL
UPDATES.—The Secretary shall annually 
update the lists described in paragraph (1) on the College 
Navigator website. 
‘‘(d) CATEGORIES OF INSTITUTIONS.—The lists described in sub-
section (c)(1) shall be compiled according to the following categories 
of institutions that participate in programs under title IV: 
‘‘(1) Four-year public institutions of higher education. 
‘‘(2) Four-year private, nonprofit institutions of higher edu-
cation. 
‘‘(3) Four-year private, for-profit institutions of higher edu-
cation. 
‘‘(4) Two-year public institutions of higher education. 
Effective date. 
Public 
information. 
Web site. 
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122 STAT. 3100 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(5) Two-year private, nonprofit institutions of higher edu-
cation. 
‘‘(6) Two-year private, for-profit institutions of higher edu-
cation. 
‘‘(7) Less than two-year public institutions of higher edu-
cation. 
‘‘(8) Less than two-year private, nonprofit institutions of 
higher education. 
‘‘(9) Less than two-year private, for-profit institutions of 
higher education. 
‘‘(e) REPORTS BY INSTITUTIONS.— 
‘‘(1) REPORT
TO
SECRETARY.—If an institution of higher 
education is included on a list described in subparagraph (C) 
or (D) of subsection (c)(1), the institution shall submit to the 
Secretary a report containing the following information: 
‘‘(A) A description of the major areas in the institution’s 
budget with the greatest cost increases. 
‘‘(B) An explanation of the cost increases described 
in subparagraph (A). 
‘‘(C) A description of the steps the institution will take 
toward the goal of reducing costs in the areas described 
in subparagraph (A). 
‘‘(D) In the case of an institution that is included 
on the same list under subparagraph (C) or (D) of sub-
section (c)(1) for two or more consecutive years, a descrip-
tion of the progress made on the steps described in subpara-
graph (C) of this paragraph that were included in the 
institution’s report for the previous year. 
‘‘(E) If the determination of any cost increase described 
in subparagraph (A) is not within the exclusive control 
of the institution— 
‘‘(i) an explanation of the extent to which the 
institution participates in determining such cost 
increase; 
‘‘(ii) the identification of the agency or instrumen-
tality of State government responsible for determining 
such cost increase; and 
‘‘(iii) any other information the institution con-
siders relevant to the report. 
‘‘(2) INFORMATION TO THE PUBLIC.—The Secretary shall— 
‘‘(A) issue an annual report that summarizes all of 
the reports by institutions required under paragraph (1) 
to the authorizing committees; and 
‘‘(B) publish such report on the College Navigator 
website. 
‘‘(f) EXEMPTIONS.— 
‘‘(1) IN GENERAL.—An institution shall not be placed on 
a list described in subparagraph (C) or (D) of subsection (c)(1), 
and shall not be subject to the reporting required under sub-
section (e), if the dollar amount of the institution’s increase 
in tuition and fees, or net price, as applicable, is less than 
$600 for the three-year period described in such subparagraph. 
‘‘(2) UPDATE.—Beginning in 2014, and every three years 
thereafter, the Secretary shall update the dollar amount 
described in paragraph (1) based on annual increases in infla-
tion, using the Consumer Price Index for each of the three 
most recent preceding years. 
Effective date. 
Deadline. 
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122 STAT. 3101 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(g) STATE HIGHER EDUCATION SPENDING CHART.—The Sec-
retary shall annually report on the College Navigator website, in 
charts for each State, comparisons of— 
‘‘(1) the percentage change in spending by such State per 
full-time equivalent student at all public institutions of higher 
education in such State, for each of the five most recent pre-
ceding academic years; 
‘‘(2) the percentage change in tuition and fees for such 
students for all public institutions of higher education in such 
State for each of the five most recent preceding academic years; 
and 
‘‘(3) the percentage change in the total amount of need- 
based aid and merit-based aid provided by such State to full- 
time students enrolled in the public institutions of higher edu-
cation in the State for each of the five most recent preceding 
academic years. 
‘‘(h) NET PRICE CALCULATOR.— 
‘‘(1) DEVELOPMENT OF NET PRICE CALCULATOR.—Not later 
than one year after the date of enactment of the Higher Edu-
cation Opportunity Act, the Secretary shall, in consultation 
with institutions of higher education and other appropriate 
experts, develop a net price calculator to help current and 
prospective students, families, and other consumers estimate 
the individual net price of an institution of higher education 
for a student. The calculator shall be developed in a manner 
that enables current and prospective students, families, and 
consumers to determine an estimate of a current or prospective 
student’s individual net price at a particular institution. 
‘‘(2) CALCULATION OF INDIVIDUAL NET PRICE.—For purposes 
of this subsection, an individual net price of an institution 
of higher education shall be calculated in the same manner 
as the net price of such institution is calculated under sub-
section (a)(3), except that the cost of attendance and the amount 
of need-based and merit-based aid available shall be calculated 
for the individual student as much as practicable. 
‘‘(3) USE
OF
NET
PRICE
CALCULATOR
BY
INSTITUTIONS.— 
Not later than two years after the date on which the Secretary 
makes the calculator developed under paragraph (1) available 
to institutions of higher education, each institution of higher 
education that receives Federal funds under title IV shall make 
publicly available on the institution’s website a net price calcu-
lator to help current and prospective students, families, and 
other consumers estimate a student’s individual net price at 
such institution of higher education. Such calculator may be 
a net price calculator developed— 
‘‘(A) by the Department pursuant to paragraph (1); 
or 
‘‘(B) by the institution of higher education, if the 
institution’s calculator includes, at a minimum, the same 
data elements included in the calculator developed under 
paragraph (1). 
‘‘(4) DISCLAIMER.—Estimates of an individual net price 
determined using a net price calculator required under para-
graph (3) shall be accompanied by a clear and conspicuous 
notice— 
‘‘(A) stating that the estimate— 
Deadline. 
Web site. 
Deadline. 
Reports. 
Web site. 
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122 STAT. 3102 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) does not represent a final determination, or 
actual award, of financial assistance; 
‘‘(ii) shall not be binding on the Secretary, the 
institution of higher education, or the State; and 
‘‘(iii) may change; 
‘‘(B) stating that the student must complete the Free 
Application for Federal Student Aid described in section 
483 in order to be eligible for, and receive, an actual 
financial aid award that includes Federal grant, loan, or 
work-study assistance under title IV; and 
‘‘(C) including a link to the website of the Department 
that allows students to access the Free Application for 
Federal Student Aid described in section 483. 
‘‘(i) CONSUMER INFORMATION.— 
‘‘(1) AVAILABILITY OF TITLE IV INSTITUTION INFORMATION.— 
Not later than one year after the date of enactment of the 
Higher Education Opportunity Act, the Secretary shall make 
publicly available on the College Navigator website, in simple 
and understandable terms, the following information about each 
institution of higher education that participates in programs 
under title IV, for the most recent academic year for which 
satisfactory data are available: 
‘‘(A) A statement of the institution’s mission. 
‘‘(B) The total number of undergraduate students who 
applied to, were admitted by, and enrolled in the institu-
tion. 
‘‘(C) For institutions that require SAT or ACT scores 
to be submitted, the reading, writing, mathematics, and 
combined scores on the SAT or ACT, as applicable, for 
the middle 50 percent range of the institution’s freshman 
class. 
‘‘(D) The number of first-time, full-time, and part-time 
students enrolled at the institution, at the undergraduate 
and (if applicable) graduate levels. 
‘‘(E) The number of degree- or certificate-seeking 
undergraduate students enrolled at the institution who 
have transferred from another institution. 
‘‘(F) The percentages of male and female undergraduate 
students enrolled at the institution. 
‘‘(G) Of the first-time, full-time, degree- or certificate- 
seeking undergraduate students enrolled at the institu-
tion— 
‘‘(i) the percentage of such students who are from 
the State in which the institution is located; 
‘‘(ii) the percentage of such students who are from 
other States; and 
‘‘(iii) the percentage of such students who are inter-
national students. 
‘‘(H) The percentages of first-time, full-time, degree- 
or certificate-seeking students enrolled at the institution, 
disaggregated by race and ethnic background. 
‘‘(I) The percentage of undergraduate students enrolled 
at the institution who are formally registered with the 
office of disability services of the institution (or the equiva-
lent office) as students with disabilities, except that if 
such percentage is three percent or less, the institution 
shall report ‘three percent or less’. 
Deadline. 
Public 
information. 
Web site. 
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122 STAT. 3103 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(J) The percentages of first-time, full-time, degree- 
or certificate-seeking undergraduate students enrolled at 
the institution who obtain a degree or certificate within— 
‘‘(i) the normal time for completion of, or gradua-
tion from, the student’s program; 
‘‘(ii) 150 percent of the normal time for completion 
of, or graduation from, the student’s program; and 
‘‘(iii) 200 percent of the normal time for completion 
of, or graduation from, the student’s program; 
‘‘(K) The number of certificates, associate degrees, 
baccalaureate degrees, master’s degrees, professional 
degrees, and doctoral degrees awarded by the institution. 
‘‘(L) The undergraduate major areas of study at the 
institution with the highest number of degrees awarded. 
‘‘(M) The student-faculty ratio, the number of full- 
time and part-time faculty, and the number of graduate 
assistants with primarily instructional responsibilities, at 
the institution. 
‘‘(N)(i) The cost of attendance for first-time, full-time 
undergraduate students enrolled in the institution who 
live on campus; 
‘‘(ii) the cost of attendance for first-time, full-time 
undergraduate students enrolled in the institution who 
live off campus; and 
‘‘(iii) in the case of a public institution of higher edu-
cation and notwithstanding subsection (b)(1), the costs 
described in clauses (i) and (ii), for— 
‘‘(I) first-time, full-time students enrolled in the 
institution who are residents of the State in which 
the institution is located; and 
‘‘(II) first-time, full-time students enrolled in the 
institution who are not residents of such State. 
‘‘(O) The average annual grant amount (including Fed-
eral, State, and institutional aid) awarded to a first-time, 
full-time undergraduate student enrolled at the institution 
who receives financial aid. 
‘‘(P) The average annual amount of Federal student 
loans provided through the institution to undergraduate 
students enrolled at the institution. 
‘‘(Q) The total annual grant aid awarded to under-
graduate students enrolled at the institution, from the 
Federal Government, a State, the institution, and other 
sources known by the institution. 
‘‘(R) The percentage of first-time, full-time under-
graduate students enrolled at the institution receiving Fed-
eral, State, and institutional grants, student loans, and 
any other type of student financial assistance known by 
the institution, provided publicly or through the institution, 
such as Federal work-study funds. 
‘‘(S) The number of students enrolled at the institution 
receiving Federal Pell Grants. 
‘‘(T) The institution’s cohort default rate, as defined 
under section 435(m). 
‘‘(U) The information on campus safety required to 
be collected under section 485(i). 
‘‘(V) A link to the institution’s website that provides, 
in an easily accessible manner, the following information: 
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122 STAT. 3104 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) Student activities offered by the institution. 
‘‘(ii) Services offered by the institution for individ-
uals with disabilities. 
‘‘(iii) Career and placement services offered by the 
institution to students during and after enrollment. 
‘‘(iv) Policies of the institution related to transfer 
of credit from other institutions. 
‘‘(W) A link to the appropriate section of the Bureau 
of Labor Statistics website that provides information on 
regional data on starting salaries in all major occupations. 
‘‘(X) Information required to be submitted under para-
graph (4) and a link to the institution pricing summary 
page described in paragraph (5). 
‘‘(Y) In the case of an institution that was required 
to submit a report under subsection (e)(1), a link to such 
report. 
‘‘(Z) The availability of alternative tuition plans, which 
may include guaranteed tuition plans. 
‘‘(2) ANNUAL
UPDATES.—The Secretary shall annually 
update the information described in paragraph (1) on the Col-
lege Navigator website. 
‘‘(3) CONSULTATION.—The Secretary shall regularly consult 
with current and prospective college students, family members 
of such students, institutions of higher education, and other 
experts to improve the usefulness and relevance of the College 
Navigator website, with respect to the presentation of the con-
sumer information collected in paragraph (1). 
‘‘(4) DATA COLLECTION.—The Commissioner for Education 
Statistics shall continue to update and improve the Integrated 
Postsecondary Education Data System (referred to in this sec-
tion as ‘IPEDS’), including the reporting of information by 
institutions and the timeliness of the data collected. 
‘‘(5) INSTITUTION PRICING SUMMARY PAGE.— 
‘‘(A) AVAILABILITY OF LIST OF PARTICIPATING INSTITU-
TIONS.—The Secretary shall make publicly available on 
the College Navigator website in a sortable and searchable 
format a list of all institutions of higher education that 
participate in programs under title IV, which list shall, 
for each institution, include the following: 
‘‘(i) The tuition and fees for each of the three 
most recent academic years for which data are avail-
able. 
‘‘(ii) The net price for each of the three most recent 
available academic years for which data are available. 
‘‘(iii)(I) During the period beginning July 1, 2010, 
and ending June 30, 2013, the net price for students 
receiving Federal student financial aid under title IV, 
disaggregated by the income categories described in 
paragraph (6), for the most recent academic year for 
which data are available. 
‘‘(II) Beginning July 1, 2013, the net price for 
students receiving Federal student financial aid under 
title IV, disaggregated by the income categories 
described in paragraph (6), for each of the three most 
recent academic years for which data are available. 
Effective date. 
Time period. 
Web site. 
Web site. 
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122 STAT. 3105 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iv) The average annual percentage change and 
average annual dollar change in such institution’s tui-
tion and fees for each of the three most recent academic 
years for which data are available. 
‘‘(v) The average annual percentage change and 
average annual dollar change in such institution’s net 
price for each of the three most recent preceding aca-
demic years for which data are available. 
‘‘(vi) A link to the webpage on the College Navi-
gator website that provides the information described 
in paragraph (1) for the institution. 
‘‘(B) ANNUAL UPDATES.—The Secretary shall annually 
update the lists described in subparagraph (A) on the Col-
lege Navigator website. 
‘‘(6) INCOME CATEGORIES.— 
‘‘(A) IN
GENERAL.—For purposes of reporting the 
information required under this subsection, the following 
income categories shall apply for students who receive Fed-
eral student financial aid under title IV: 
‘‘(i) $0–30,000. 
‘‘(ii) $30,001–48,000. 
‘‘(iii) $48,001–75,000. 
‘‘(iv) $75,001–110,000. 
‘‘(v) $110,001 and more. 
‘‘(B) ADJUSTMENT.—The Secretary may adjust the 
income categories listed in subparagraph (A) using the 
Consumer Price Index if the Secretary determines such 
adjustment is necessary. 
‘‘(j) MULTI-YEAR TUITION CALCULATOR.— 
‘‘(1) DEVELOPMENT OF MULTI-YEAR TUITION CALCULATOR.— 
Not later than one year after the date of enactment of the 
Higher Education Opportunity Act, the Secretary shall, in con-
sultation with institutions of higher education, financial plan-
ners, and other appropriate experts, develop a multi-year tui-
tion calculator to help current and prospective students, fami-
lies of such students, and other consumers estimate the amount 
of tuition an individual may pay to attend an institution of 
higher education in future years. 
‘‘(2) CALCULATION OF MULTI-YEAR TUITION.—The multi-year 
tuition calculator described in paragraph (1) shall— 
‘‘(A) allow an individual to select an institution of 
higher education for which the calculation shall be made; 
‘‘(B) calculate an estimate of tuition and fees for each 
year of the normal duration of the program of study at 
such institution by— 
‘‘(i) using the tuition and fees for such institution, 
as reported under subsection (i)(5)(A)(i), for the most 
recent academic year for which such data are reported; 
and 
‘‘(ii) determining an estimated annual percentage 
change for each year for which the calculation is made, 
based on the annual percentage change in such institu-
tion’s tuition and fees, as reported under subsection 
(i)(5)(A)(iv), for the most recent three-year period for 
which such data are reported; 
‘‘(C) calculate an estimate of the total amount of tuition 
and fees to complete a program of study at such institution, 
Deadline. 
Applicability. 
Web site. 
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122 STAT. 3106 
PUBLIC LAW 110–315—AUG. 14, 2008 
based on the normal duration of such program, using the 
estimate calculated under subparagraph (B) for each year 
of the program of study; 
‘‘(D) provide the individual with the option to replace 
the estimated annual percentage change described in 
subparagraph (B)(ii) with an alternative annual percentage 
change specified by the individual, and calculate an esti-
mate of tuition and fees for each year and an estimate 
of the total amount of tuition and fees using the alternative 
percentage change; 
‘‘(E) in the case of an institution that offers a multi- 
year tuition guarantee program, allow the individual to 
have the estimates of tuition and fees described in subpara-
graphs (B) and (C) calculated based on the provisions of 
such guarantee program for the tuition and fees charged 
to a student, or cohort of students, enrolled for the duration 
of the program of study; and 
‘‘(F) include any other features or information deter-
mined to be appropriate by the Secretary. 
‘‘(3) AVAILABILITY AND COMPARISON.—The multi-year tui-
tion calculator described in paragraph (1) shall be available 
on the College Navigator website and shall allow current and 
prospective students, families of such students, and consumers 
to compare information and estimates under this subsection 
for multiple institutions of higher education. 
‘‘(4) DISCLAIMER.—Each calculation of estimated tuition and 
fees made using the multi-year tuition calculator described 
in paragraph (1) shall be accompanied by a clear and con-
spicuous notice— 
‘‘(A) stating that the calculation— 
‘‘(i) is only an estimate and not a guarantee of 
the actual amount the student may be charged; 
‘‘(ii) is not binding on the Secretary, the institution 
of higher education, or the State; and 
‘‘(iii) may change, subject to the availability of 
financial assistance, State appropriations, and other 
factors; 
‘‘(B) stating that the student must complete the Free 
Application for Federal Student Aid described in section 
483 in order to be eligible for, and receive, an actual 
financial aid award that includes Federal grant, loan, or 
work-study assistance under title IV; and 
‘‘(C) including a link to the website of the Department 
that allows students to access the Free Application for 
Federal Student Aid described in section 483. 
‘‘(k) STUDENT AID RECIPIENT SURVEY.— 
‘‘(1) SURVEY REQUIRED.—The Secretary, acting through the 
Commissioner for Education Statistics, shall conduct, on a 
State-by-State basis, a survey of recipients of Federal student 
financial aid under title IV— 
‘‘(A) to identify the population of students receiving 
such Federal student financial aid; 
‘‘(B) to describe the income distribution and other socio-
economic characteristics of recipients of such Federal stu-
dent financial aid; 
Web site. 
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122 STAT. 3107 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) to describe the combinations of aid from Federal, 
State, and private sources received by such recipients from 
all income categories; 
‘‘(D) to describe the— 
‘‘(i) debt burden of such loan recipients, and their 
capacity to repay their education debts; and 
‘‘(ii) the impact of such debt burden on the recipi-
ents’ course of study and post-graduation plans; 
‘‘(E) to describe the impact of the cost of attendance 
of postsecondary education in the determination by stu-
dents of what institution of higher education to attend; 
and 
‘‘(F) to describe how the costs of textbooks and other 
instructional materials affect the costs of postsecondary 
education for students. 
‘‘(2) FREQUENCY.—The survey shall be conducted on a reg-
ular cycle and not less often than once every four years. 
‘‘(3) SURVEY DESIGN.—The survey shall be representative 
of students from all types of institutions, including full-time 
and part-time students, undergraduate, graduate, and profes-
sional students, and current and former students. 
‘‘(4) DISSEMINATION.—The Commissioner for Education 
Statistics shall disseminate to the public, in printed and elec-
tronic form, the information resulting from the survey. 
‘‘(l) REGULATIONS.—The Secretary is authorized to issue such 
regulations as may be necessary to carry out this section.’’. 
SEC. 112. TEXTBOOK INFORMATION. 
(a) AMENDMENT.—Part C of title I (20 U.S.C. 1015) is further 
amended by adding after section 132 (as added by section 111 
of this Act) the following new section: 
‘‘SEC. 133. TEXTBOOK INFORMATION. 
‘‘(a) PURPOSE AND INTENT.—The purpose of this section is to 
ensure that students have access to affordable course materials 
by decreasing costs to students and enhancing transparency and 
disclosure with respect to the selection, purchase, sale, and use 
of course materials. It is the intent of this section to encourage 
all of the involved parties, including faculty, students, administra-
tors, institutions of higher education, bookstores, distributors, and 
publishers, to work together to identify ways to decrease the cost 
of college textbooks and supplemental materials for students while 
supporting the academic freedom of faculty members to select high 
quality course materials for students. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) BUNDLE.—The term ‘bundle’ means one or more college 
textbooks or other supplemental materials that may be pack-
aged together to be sold as course materials for one price. 
‘‘(2) COLLEGE
TEXTBOOK.—The term ‘college textbook’ 
means a textbook or a set of textbooks, used for, or in conjunc-
tion with, a course in postsecondary education at an institution 
of higher education. 
‘‘(3) COURSE SCHEDULE.—The term ‘course schedule’ means 
a listing of the courses or classes offered by an institution 
of higher education for an academic period, as defined by the 
institution. 
‘‘(4) CUSTOM TEXTBOOK.—The term ‘custom textbook’— 
20 USC 1015b. 
Public 
information. 
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122 STAT. 3108 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) means a college textbook that is compiled by a 
publisher at the direction of a faculty member or other 
person or adopting entity in charge of selecting course 
materials at an institution of higher education; and 
‘‘(B) may include, alone or in combination, items such 
as selections from original instructor materials, previously 
copyrighted publisher materials, copyrighted third-party 
works, and elements unique to a specific institution, such 
as commemorative editions. 
‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given the term in 
section 102. 
‘‘(6) INTEGRATED TEXTBOOK.—The term ‘integrated textbook’ 
means a college textbook that is— 
‘‘(A) combined with materials developed by a third 
party and that, by third-party contractual agreement, may 
not be offered by publishers separately from the college 
textbook with which the materials are combined; or 
‘‘(B) combined with other materials that are so inter-
related with the content of the college textbook that the 
separation of the college textbook from the other materials 
would render the college textbook unusable for its intended 
purpose. 
‘‘(7) PUBLISHER.—The term ‘publisher’ means a publisher 
of college textbooks or supplemental materials involved in or 
affecting interstate commerce. 
‘‘(8) SUBSTANTIAL CONTENT.—The term ‘substantial content’ 
means parts of a college textbook such as new chapters, new 
material covering additional eras of time, new themes, or new 
subject matter. 
‘‘(9) SUPPLEMENTAL
MATERIAL.—The term ‘supplemental 
material’ means educational material developed to accompany 
a college textbook that— 
‘‘(A) may include printed materials, computer disks, 
website access, and electronically distributed materials; and 
‘‘(B) is not being used as a component of an integrated 
textbook. 
‘‘(c) PUBLISHER REQUIREMENTS.— 
‘‘(1) COLLEGE TEXTBOOK PRICING INFORMATION.—When a 
publisher provides a faculty member or other person or adopting 
entity in charge of selecting course materials at an institution 
of higher education receiving Federal financial assistance with 
information regarding a college textbook or supplemental mate-
rial, the publisher shall include, with any such information 
and in writing (which may include electronic communications), 
the following: 
‘‘(A) The price at which the publisher would make 
the college textbook or supplemental material available 
to the bookstore on the campus of, or otherwise associated 
with, such institution of higher education and, if available, 
the price at which the publisher makes the college textbook 
or supplemental material available to the public. 
‘‘(B) The copyright dates of the three previous editions 
of such college textbook, if any. 
‘‘(C) A description of the substantial content revisions 
made between the current edition of the college textbook 
or supplemental material and the previous edition, if any. 
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122 STAT. 3109 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D)(i) Whether the college textbook or supplemental 
material is available in any other format, including paper-
back and unbound; and 
‘‘(ii) for each other format of the college textbook or 
supplemental material, the price at which the publisher 
would make the college textbook or supplemental material 
in the other format available to the bookstore on the cam-
pus of, or otherwise associated with, such institution of 
higher education and, if available, the price at which the 
publisher makes such other format of the college textbook 
or supplemental material available to the public. 
‘‘(2) UNBUNDLING OF COLLEGE TEXTBOOKS FROM SUPPLE-
MENTAL MATERIALS.—A publisher that sells a college textbook 
and any supplemental material accompanying such college text-
book as a single bundle shall also make available the college 
textbook and each supplemental material as separate and 
unbundled items, each separately priced. 
‘‘(3) CUSTOM TEXTBOOKS.—To the maximum extent prac-
ticable, a publisher shall provide the information required 
under this subsection with respect to the development and 
provision of custom textbooks. 
‘‘(d) PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN 
COURSE SCHEDULES.—To the maximum extent practicable, each 
institution of higher education receiving Federal financial assistance 
shall— 
‘‘(1) disclose, on the institution’s Internet course schedule 
and in a manner of the institution’s choosing, the International 
Standard Book Number and retail price information of required 
and recommended college textbooks and supplemental mate-
rials for each course listed in the institution’s course schedule 
used for preregistration and registration purposes, except 
that— 
‘‘(A) if the International Standard Book Number is 
not available for such college textbook or supplemental 
material, then the institution shall include in the Internet 
course schedule the author, title, publisher, and copyright 
date for such college textbook or supplemental material; 
and 
‘‘(B) if the institution determines that the disclosure 
of the information described in this subsection is not prac-
ticable for a college textbook or supplemental material, 
then the institution shall so indicate by placing the designa-
tion ‘To Be Determined’ in lieu of the information required 
under this subsection; and 
‘‘(2) if applicable, include on the institution’s written course 
schedule a notice that textbook information is available on 
the institution’s Internet course schedule, and the Internet 
address for such schedule. 
‘‘(e) AVAILABILITY
OF
INFORMATION
FOR
COLLEGE
BOOK-
STORES.—An institution of higher education receiving Federal finan-
cial assistance shall make available to a college bookstore that 
is operated by, or in a contractual relationship or otherwise affili-
ated with, the institution, as soon as is practicable upon the request 
of such college bookstore, the most accurate information available 
regarding— 
‘‘(1) the institution’s course schedule for the subsequent 
academic period; and 
Web site. 
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122 STAT. 3110 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) for each course or class offered by the institution for 
the subsequent academic period— 
‘‘(A) the information required by subsection (d)(1) for 
each college textbook or supplemental material required 
or recommended for such course or class; 
‘‘(B) the number of students enrolled in such course 
or class; and 
‘‘(C) the maximum student enrollment for such course 
or class. 
‘‘(f) ADDITIONAL INFORMATION.—An institution disclosing the 
information required by subsection (d)(1) is encouraged to dissemi-
nate to students information regarding— 
‘‘(1) available institutional programs for renting textbooks 
or for purchasing used textbooks; 
‘‘(2) available institutional guaranteed textbook buy-back 
programs; 
‘‘(3) available institutional alternative content delivery pro-
grams; or 
‘‘(4) other available institutional cost-saving strategies. 
‘‘(g) GAO REPORT.—Not later than July 1, 2013, the Comptroller 
General of the United States shall report to the authorizing commit-
tees on the implementation of this section by institutions of higher 
education, college bookstores, and publishers. The report shall 
particularly examine— 
‘‘(1) the availability of college textbook information on 
course schedules; 
‘‘(2) the provision of pricing information to faculty of institu-
tions of higher education by publishers; 
‘‘(3) the use of bundled and unbundled material in the 
college textbook marketplace, including the adoption of 
unbundled materials by faculty and the use of integrated text-
books by publishers; and 
‘‘(4) the implementation of this section by institutions of 
higher education, including the costs and benefits to such 
institutions and to students. 
‘‘(h) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to supercede the institutional autonomy or academic 
freedom of instructors involved in the selection of college textbooks, 
supplemental materials, and other classroom materials. 
‘‘(i) NO REGULATORY AUTHORITY.—The Secretary shall not 
promulgate regulations with respect to this section.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on July 1, 2010. 
SEC. 113. DATABASE OF STUDENT INFORMATION PROHIBITED. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 133 (as added by section 112 of this Act) the following: 
‘‘SEC. 134. DATABASE OF STUDENT INFORMATION PROHIBITED. 
‘‘(a) PROHIBITION.—Except as described in subsection (b), 
nothing in this Act shall be construed to authorize the development, 
implementation, or maintenance of a Federal database of personally 
identifiable information on individuals receiving assistance under 
this Act, attending institutions receiving assistance under this Act, 
or otherwise involved in any studies or other collections of data 
under this Act, including a student unit record system, an education 
bar code system, or any other system that tracks individual students 
over time. 
20 USC 1015c. 
20 USC 1015b 
note. 
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122 STAT. 3111 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(b) EXCEPTION.—The provisions of subsection (a) shall not 
apply to a system (or a successor system) that— 
‘‘(1) is necessary for the operation of programs authorized 
by title II, IV, or VII; and 
‘‘(2) was in use by the Secretary, directly or through a 
contractor, as of the day before the date of enactment of the 
Higher Education Opportunity Act. 
‘‘(c) STATE DATABASES.—Nothing in this Act shall prohibit a 
State or a consortium of States from developing, implementing, 
or maintaining State-developed databases that track individuals 
over time, including student unit record systems that contain 
information related to enrollment, attendance, graduation and 
retention rates, student financial assistance, and graduate employ-
ment outcomes.’’. 
SEC. 114. IN-STATE TUITION RATES FOR ARMED FORCES MEMBERS, 
SPOUSES, AND DEPENDENT CHILDREN. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 134 (as added by section 113 of this Act) the following: 
‘‘SEC. 135. IN-STATE TUITION RATES FOR MEMBERS OF THE ARMED 
FORCES ON ACTIVE DUTY, SPOUSES, AND DEPENDENT 
CHILDREN. 
‘‘(a) REQUIREMENT.—In the case of a member of the armed 
forces who is on active duty for a period of more than 30 days 
and whose domicile or permanent duty station is in a State that 
receives assistance under this Act, such State shall not charge 
such member (or the spouse or dependent child of such member) 
tuition for attendance at a public institution of higher education 
in the State at a rate that is greater than the rate charged for 
residents of the State. 
‘‘(b) CONTINUATION.—If a member of the armed forces (or the 
spouse or dependent child of a member) pays tuition at a public 
institution of higher education in a State at a rate determined 
by subsection (a), the provisions of subsection (a) shall continue 
to apply to such member, spouse, or dependent while continuously 
enrolled at that institution, notwithstanding a subsequent change 
in the permanent duty station of the member to a location outside 
the State. 
‘‘(c) EFFECTIVE DATE.—This section shall take effect at each 
public institution of higher education in a State that receives assist-
ance under this Act for the first period of enrollment at such 
institution that begins after July 1, 2009. 
‘‘(d) DEFINITIONS.—In this section, the terms ‘armed forces’ 
and ‘active duty for a period of more than 30 days’ have the 
meanings given those terms in section 101 of title 10, United 
States Code.’’. 
SEC. 115. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
PROGRAM. 
Part C of title I of the Higher Education Act of 1965 (20 
U.S.C. 1015) is further amended by adding after section 135 (as 
added by section 114 of this Act) the following: 
20 USC 1015d. 
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122 STAT. 3112 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 136. STATE HIGHER EDUCATION INFORMATION SYSTEM PILOT 
PROGRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to carry out 
a pilot program to assist not more than five States to develop 
State-level postsecondary student data systems to— 
‘‘(1) improve the capacity of States and institutions of 
higher education to generate more comprehensive and com-
parable data, in order to develop better-informed educational 
policy at the State level and to evaluate the effectiveness of 
institutional performance while protecting the confidentiality 
of students’ personally identifiable information; and 
‘‘(2) identify how to best minimize the data-reporting bur-
den placed on institutions of higher education, particularly 
smaller institutions, and to maximize and improve the informa-
tion institutions receive from the data systems, in order to 
assist institutions in improving educational practice and post-
secondary outcomes. 
‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term 
‘eligible entity’ means— 
‘‘(1) a State higher education system; or 
‘‘(2) a consortium of State higher education systems, or 
a consortium of individual institutions of higher education, 
that is broadly representative of institutions in different sectors 
and geographic locations. 
‘‘(c) COMPETITIVE GRANTS.— 
‘‘(1) GRANTS
AUTHORIZED.—The Secretary shall award 
grants, on a competitive basis, to not more than five eligible 
entities to enable the eligible entities to— 
‘‘(A) design, test, and implement systems of postsec-
ondary student data that provide the maximum benefits 
to States, institutions of higher education, and State policy-
makers; and 
‘‘(B) examine the costs and burdens involved in imple-
menting a State-level postsecondary student data system. 
‘‘(2) DURATION.—A grant awarded under this section shall 
be for a period of not more than three years. 
‘‘(d) APPLICATION REQUIREMENTS.—An eligible entity desiring 
a grant under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require, including a descrip-
tion of— 
‘‘(1) how the eligible entity will ensure that student privacy 
is protected and that individually identifiable information about 
students, the students’ achievements, and the students’ families 
remains confidential in accordance with section 444 of the 
General Education Provisions Act (Family Educational Rights 
and Privacy Act of 1974) (20 U.S.C. 1232g); and 
‘‘(2) how the activities funded by the grant will be supported 
after the three-year grant period. 
‘‘(e) USE OF FUNDS.—A grant awarded under this section shall 
be used to— 
‘‘(1) design, develop, and implement the components of 
a comprehensive postsecondary student data system with the 
capacity to transmit student information within a State; 
‘‘(2) improve the capacity of institutions of higher education 
to analyze and use student data; 
20 USC 1015e. 
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122 STAT. 3113 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) select and define common data elements, data quality, 
and other elements that will enable the data system to— 
‘‘(A) serve the needs of institutions of higher education 
for institutional research and improvement; 
‘‘(B) provide students and the students’ families with 
useful information for decision-making about postsecondary 
education; and 
‘‘(C) 
provide 
State 
policymakers 
with 
improved 
information to monitor and guide efforts to improve student 
outcomes and success in higher education; 
‘‘(4) estimate costs and burdens at the institutional level 
for the reporting system for different types of institutions; 
and 
‘‘(5) test the feasibility of protocols and standards for 
maintaining data privacy and data access. 
‘‘(f) EVALUATION; REPORTS.—Not later than six months after 
the end of the projects funded by grants awarded under this section, 
the Secretary shall— 
‘‘(1) conduct a comprehensive evaluation of the pilot pro-
gram authorized by this section; and 
‘‘(2) report the Secretary’s findings, as well as recommenda-
tions regarding the implementation of State-level postsecondary 
student data systems, to the authorizing committees. 
‘‘(g) 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 five succeeding 
fiscal years.’’. 
SEC. 116. STATE COMMITMENT TO AFFORDABLE COLLEGE EDU-
CATION. 
Part C of title I (20 U.S.C. 1015) is further amended by adding 
after section 136 (as added by section 115 of this Act) the following 
new section: 
‘‘SEC. 137. STATE COMMITMENT TO AFFORDABLE COLLEGE EDU-
CATION. 
‘‘(a) MAINTENANCE OF EFFORT REQUIRED.—A State shall pro-
vide— 
‘‘(1) for public institutions of higher education in such State 
for any academic year beginning on or after July 1, 2008, 
an amount which is equal to or greater than the average 
amount provided for non-capital and non-direct research and 
development expenses or costs by such State to such institutions 
of higher education during the five most recent preceding aca-
demic years for which satisfactory data are available; and 
‘‘(2) for private institutions of higher education in such 
State for any academic year beginning on or after July 1, 
2008, an amount which is equal to or greater than the average 
amount provided for student financial aid for paying costs 
associated with postsecondary education by such State to such 
institutions during the five most recent preceding academic 
years for which satisfactory data are available. 
‘‘(b) ADJUSTMENTS FOR BIENNIAL APPROPRIATIONS.—The Sec-
retary shall take into consideration any adjustments to the calcula-
tions under subsection (a) that may be required to accurately reflect 
funding levels for postsecondary education in States with biennial 
appropriation cycles. 
Effective date. 
20 USC 1015f. 
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122 STAT. 3114 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(c) WAIVER.—The Secretary shall waive the requirements of 
subsection (a), if the Secretary determines that such a waiver 
would be equitable due to exceptional or uncontrollable cir-
cumstances, such as a natural disaster or a precipitous and 
unforseen decline in the financial resources of a State or State 
educational agency, as appropriate. 
‘‘(d) VIOLATION OF MAINTENANCE OF EFFORT.—Notwithstanding 
any other provision of law, the Secretary shall withhold from any 
State that violates subsection (a) and does not receive a waiver 
pursuant to subsection (c) any amount that would otherwise be 
available to the State under section 781 until such State has made 
significant efforts to correct such violation.’’. 
SEC. 117. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY 
OF FEDERAL STUDENT FINANCIAL ASSISTANCE. 
Section 141 (20 U.S.C. 1018) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘operational’’ and 
inserting ‘‘administrative and oversight’’; and 
(B) in paragraph (2)(D), by striking ‘‘of the operational 
functions’’ and inserting ‘‘and administration’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘the informa-
tion systems administered by the PBO, and other func-
tions performed by the PBO’’ and inserting ‘‘the Federal 
student financial assistance programs authorized 
under title IV’’; and 
(ii) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) assist the Chief Operating Officer in identifying 
goals for— 
‘‘(i) the administration of the systems used to 
administer the Federal student financial assistance 
programs authorized under title IV; and 
‘‘(ii) the updating of such systems to current tech-
nology.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A)— 
(I) by striking ‘‘administration of the informa-
tion and financial systems that support’’ and 
inserting ‘‘the administration of Federal’’; and 
(II) by striking ‘‘this title’’ and inserting ‘‘title 
IV’’; 
(ii) in subparagraph (A)— 
(I) in the matter preceding clause (i), by 
striking ‘‘of the delivery system for Federal student 
assistance’’ and inserting ‘‘for the Federal student 
financial assistance programs authorized under 
title IV’’; 
(II) by striking clauses (i) and (ii) and inserting 
the following: 
‘‘(i) the collection, processing, and transmission of 
data to students, institutions, lenders, State agencies, 
and other authorized parties; 
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122 STAT. 3115 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) the design and technical specifications for soft-
ware development and procurement for systems sup-
porting the Federal student financial assistance pro-
grams authorized under title IV;’’; 
(III) in clause (iii), by striking ‘‘delivery’’ and 
inserting ‘‘administration’’; 
(IV) in clause (iv)— 
(aa) by inserting ‘‘the Federal’’ after ‘‘sup-
porting’’; 
(bb) by striking ‘‘under this title’’ and 
inserting ‘‘authorized under title IV’’; and 
(cc) by striking ‘‘and’’ after the semicolon; 
(V) in clause (v), by striking ‘‘systems that 
support those programs.’’ and inserting ‘‘the 
administration of the Federal student financial 
assistance programs authorized under title IV; 
and’’; and 
(VI) by adding at the end the following: 
‘‘(vi) ensuring the integrity of the Federal student 
financial assistance programs authorized under title 
IV.’’; and 
(iii) in subparagraph (B), by striking ‘‘operations 
and services’’ and inserting ‘‘activities and functions’’; 
and 
(3) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘PERFORM-
ANCE PLAN
AND REPORT’’ and inserting ‘‘PERFORMANCE 
PLAN, REPORT, AND BRIEFING’’; 
(B) in paragraph (1)(C)— 
(i) by striking ‘‘this title’’ each place the term 
appears and inserting ‘‘under title IV’’; 
(ii) in clause (iii), by striking ‘‘information and 
delivery’’; and 
(iii) in clause (iv)— 
(I) by striking ‘‘Developing an’’ and inserting 
‘‘Developing’’; and 
(II) by striking ‘‘delivery and information 
system’’ and inserting ‘‘systems’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A), by inserting ‘‘the’’ after 
‘‘PBO and’’; and 
(ii) in subparagraph (B), by striking ‘‘Officer’’ and 
inserting ‘‘Officers’’; 
(D) in paragraph (3), by inserting ‘‘students,’’ after 
‘‘consult with’’; and 
(E) by adding at the end the following: 
‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT LOAN PROVI-
SIONS.—The Secretary shall, upon request, provide a briefing 
to the members of the authorizing committees on the steps 
the Department has taken to ensure— 
‘‘(A) the integrity of the student loan programs; and 
‘‘(B) that lenders and guaranty agencies are adhering 
to the requirements of title IV.’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by striking the second sentence; 
and 
(B) in paragraph (5)— 
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122 STAT. 3116 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) in subparagraph (B), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraph (4)’’; and 
(ii) in subparagraph (C), by striking ‘‘this’’; 
(5) in subsection (f)— 
(A) in paragraph (2), by striking ‘‘to borrowers’’ and 
inserting ‘‘to students, borrowers,’’; and 
(B) in paragraph (3)(A), by striking ‘‘(1)(A)’’ and 
inserting ‘‘(1)’’; 
(6) in subsection (g)(3), by striking ‘‘not more than 25’’; 
(7) in subsection (h), by striking ‘‘organizational effective-
ness’’ and inserting ‘‘effectiveness’’; 
(8) by striking subsection (i); 
(9) by redesignating subsection (j) as subsection (i); and 
(10) in subsection (i) (as redesignated by paragraph (9)), 
by striking ‘‘, including transition costs’’. 
SEC. 118. PROCUREMENT FLEXIBILITY. 
Section 142 (20 U.S.C. 1018a) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘for information systems supporting 
the programs authorized under title IV’’; and 
(ii) by striking ‘‘and’’ after the semicolon; 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) through the Chief Operating Officer— 
‘‘(A) to the maximum extent practicable, utilize 
procurement systems that streamline operations, improve 
internal controls, and enhance management; and 
‘‘(B) assess the efficiency of such systems and assess 
such systems’ ability to meet PBO requirements.’’; 
(2) by striking subsection (c)(2) and inserting the following: 
‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The Chief Oper-
ating Officer shall, when appropriate and consistent with the 
purposes of the PBO, acquire services related to the functions 
set forth in section 141(b)(2) from any entity that has the 
capability and capacity to meet the requirements set by the 
PBO. The Chief Operating Officer is authorized to pay fees 
that are equivalent to those paid by other entities to an 
organization that provides services that meet the requirements 
of the PBO, as determined by the Chief Operating Officer.’’; 
(3) in subsection (d)(2)(B), by striking ‘‘on Federal Govern-
ment contracts’’; 
(4) in subsection (g)— 
(A) in paragraph (4)(A)— 
(i) in the subparagraph heading, by striking ‘‘SOLE 
SOURCE.—’’ and inserting ‘‘SINGLE-SOURCE
BASIS.—’’; 
and 
(ii) by striking ‘‘sole-source’’ and inserting ‘‘single- 
source’’; and 
(B) in paragraph (7), by striking ‘‘sole-source’’ and 
inserting ‘‘single-source’’; 
(5) in subsection (h)(2)(A), by striking ‘‘sole-source’’ and 
inserting ‘‘single-source’’; and 
(6) in subsection (l), by striking paragraph (3) and inserting 
the following: 
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122 STAT. 3117 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) SINGLE-SOURCE BASIS.—The term ‘single-source basis’, 
with respect to an award of a contract, means that the contract 
is awarded to a source after soliciting an offer or offers from, 
and negotiating with, only such source (although such source 
is not the only source in the marketplace capable of meeting 
the need) because such source is the most advantageous source 
for purposes of the award.’’. 
SEC. 119. CERTIFICATION REGARDING THE USE OF CERTAIN FEDERAL 
FUNDS. 
(a) PROHIBITION.—No Federal funds received under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) by an institution 
of higher education or other postsecondary educational institution 
may be used to pay any person for influencing or attempting to 
influence an officer or employee of any agency, a Member of Con-
gress, an officer or employee of Congress, or an employee of a 
Member of Congress in connection with any Federal action described 
in subsection (b). 
(b) APPLICABILITY.—The prohibition in subsection (a) applies 
with respect to the following Federal actions: 
(1) The awarding of any Federal contract. 
(2) The making of any Federal grant. 
(3) The making of any Federal loan. 
(4) The entering into of any Federal cooperative agreement. 
(5) The extension, continuation, renewal, amendment, or 
modification of any Federal contract, grant, loan, or cooperative 
agreement. 
(c) LOBBYING AND EARMARKS.—No Federal student aid funding 
under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
may be used to hire a registered lobbyist or pay any person or 
entity for securing an earmark. 
(d) CERTIFICATION.—Each institution of higher education or 
other postsecondary educational institution receiving Federal 
funding under the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), as a condition for receiving such funding, shall annually 
certify to the Secretary of Education that the requirements of sub-
sections (a) through (c) have been met. 
(e) ACTIONS TO IMPLEMENT AND ENFORCE.—The Secretary of 
Education shall take such actions as are necessary to ensure that 
the provisions of this section are implemented and enforced. 
SEC. 120. INSTITUTION AND LENDER REPORTING AND DISCLOSURE 
REQUIREMENTS. 
Title I (as amended by this title) (20 U.S.C. 1001 et seq.) 
is further amended by adding at the end the following: 
‘‘PART 
E—LENDER 
AND 
INSTITUTION 
RE-
QUIREMENTS 
RELATING 
TO 
EDUCATION 
LOANS 
‘‘SEC. 151. DEFINITIONS. 
‘‘In this part: 
‘‘(1) AGENT.—The term ‘agent’ means an officer or employee 
of a covered institution or an institution-affiliated organization. 
‘‘(2) COVERED INSTITUTION.—The term ‘covered institution’ 
means any institution of higher education, as such term is 
20 USC 1019. 
Deadline. 
20 USC 1011m. 
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122 STAT. 3118 
PUBLIC LAW 110–315—AUG. 14, 2008 
defined in section 102, that receives any Federal funding or 
assistance. 
‘‘(3) EDUCATION LOAN.—The term ‘education loan’ (except 
when used as part of the term ‘private education loan’) means— 
‘‘(A) any loan made, insured, or guaranteed under part 
B of title IV; 
‘‘(B) any loan made under part D of title IV; or 
‘‘(C) a private education loan. 
‘‘(4) ELIGIBLE LENDER.—The term ‘eligible lender’ has the 
meaning given such term in section 435(d). 
‘‘(5) INSTITUTION-AFFILIATED
ORGANIZATION.—The term 
‘institution-affiliated organization’— 
‘‘(A) means any organization that— 
‘‘(i) is directly or indirectly related to a covered 
institution; and 
‘‘(ii) is engaged in the practice of recommending, 
promoting, or endorsing education loans for students 
attending such covered institution or the families of 
such students; 
‘‘(B) may include an alumni organization, athletic 
organization, foundation, or social, academic, or profes-
sional organization, of a covered institution; and 
‘‘(C) notwithstanding subparagraphs (A) and (B), does 
not include any lender with respect to any education loan 
secured, made, or extended by such lender. 
‘‘(6) LENDER.—The term ‘lender’ (except when used as part 
of the terms ‘eligible lender’ and ‘private educational lender’)— 
‘‘(A) means— 
‘‘(i) in the case of a loan made, insured, or guaran-
teed under part B of title IV, an eligible lender; 
‘‘(ii) in the case of any loan issued or provided 
to a student under part D of title IV, the Secretary; 
and 
‘‘(iii) in the case of a private education loan, a 
private educational lender as defined in section 140 
of the Truth in Lending Act; and 
‘‘(B) includes any other person engaged in the business 
of securing, making, or extending education loans on behalf 
of the lender. 
‘‘(7) OFFICER.—The term ‘officer’ includes a director or 
trustee of a covered institution or institution-affiliated organiza-
tion, if such individual is treated as an employee of such covered 
institution or institution-affiliated organization, respectively. 
‘‘(8) PREFERRED
LENDER
ARRANGEMENT.—The term ‘pre-
ferred lender arrangement’— 
‘‘(A) means an arrangement or agreement between a 
lender and a covered institution or an institution-affiliated 
organization of such covered institution— 
‘‘(i) under which a lender provides or otherwise 
issues education loans to the students attending such 
covered institution or the families of such students; 
and 
‘‘(ii) that relates to such covered institution or 
such institution-affiliated organization recommending, 
promoting, or endorsing the education loan products 
of the lender; and 
‘‘(B) does not include— 
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122 STAT. 3119 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) arrangements or agreements with respect to 
loans under part D of title IV; or 
‘‘(ii) arrangements or agreements with respect to 
loans that originate through the auction pilot program 
under section 499(b). 
‘‘(9) PRIVATE
EDUCATION
LOAN.—The term ‘private edu-
cation loan’ has the meaning given the term in section 140 
of the Truth in Lending Act. 
‘‘SEC. 152. RESPONSIBILITIES OF COVERED INSTITUTIONS, INSTITU-
TION-AFFILIATED ORGANIZATIONS, AND LENDERS. 
‘‘(a) RESPONSIBILITIES OF COVERED INSTITUTIONS AND INSTITU-
TION-AFFILIATED ORGANIZATIONS.— 
‘‘(1) DISCLOSURES BY COVERED INSTITUTIONS AND INSTITU-
TION-AFFILIATED ORGANIZATIONS.— 
‘‘(A) PREFERRED LENDER ARRANGEMENT DISCLOSURES.— 
In addition to the disclosures required by subsections 
(a)(27) and (h) of section 487 (if applicable), a covered 
institution, or an institution-affiliated organization of such 
covered institution, that participates in a preferred lender 
arrangement shall disclose— 
‘‘(i) on such covered institution’s or institution- 
affiliated organization’s website and in all informa-
tional materials described in subparagraph (C) that 
describe or discuss education loans— 
‘‘(I) the maximum amount of Federal grant 
and loan aid under title IV available to students, 
in an easy to understand format; 
‘‘(II) the information required to be disclosed 
pursuant to section 153(a)(2)(A)(i), for each type 
of loan described in section 151(3)(A) that is offered 
pursuant to a preferred lender arrangement of the 
institution or organization to students of the 
institution or the families of such students; and 
‘‘(III) a statement that such institution is 
required to process the documents required to 
obtain a loan under part B of title IV from any 
eligible lender the student selects; and 
‘‘(ii) on such covered institution’s or institution- 
affiliated organization’s website and in all informa-
tional materials described in subparagraph (C) that 
describe or discuss private education loans— 
‘‘(I) in the case of a covered institution, the 
information that the Board of Governors of the 
Federal Reserve System requires to be disclosed 
under section 128(e)(11) of the Truth in Lending 
Act (15 U.S.C. 1638(e)(11)), for each type of private 
education loan offered pursuant to a preferred 
lender arrangement of the institution to students 
of the institution or the families of such students; 
and 
‘‘(II) in the case of an institution-affiliated 
organization of a covered institution, the informa-
tion the Board of Governors of the Federal Reserve 
System requires to be disclosed under section 
128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)), for each type of private education loan 
Web site. 
20 USC 1019a. 
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122 STAT. 3120 
PUBLIC LAW 110–315—AUG. 14, 2008 
offered pursuant to a preferred lender arrange-
ment of the organization to students of such 
institution or the families of such students. 
‘‘(B) PRIVATE EDUCATION LOAN DISCLOSURES.—A cov-
ered institution, or an institution-affiliated organization 
of such covered institution, that provides information 
regarding a private education loan from a lender to a 
prospective borrower shall— 
‘‘(i) provide the prospective borrower with the 
information the Board of Governors of the Federal 
Reserve System requires to be disclosed under section 
128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)) for such loan; 
‘‘(ii) inform the prospective borrower that— 
‘‘(I) the prospective borrower may qualify for 
loans or other assistance under title IV; and 
‘‘(II) the terms and conditions of loans made, 
insured, or guaranteed under title IV may be more 
favorable than the provisions of private education 
loans; and 
‘‘(iii) ensure that information regarding private 
education loans is presented in such a manner as to 
be distinct from information regarding loans that are 
made, insured, or guaranteed under title IV. 
‘‘(C) INFORMATIONAL
MATERIALS.—The informational 
materials described in this subparagraph are publications, 
mailings, or electronic messages or materials that— 
‘‘(i) are distributed to prospective or current stu-
dents of a covered institution and families of such 
students; and 
‘‘(ii) describe or discuss the financial aid opportuni-
ties available to students at an institution of higher 
education. 
‘‘(2) USE OF INSTITUTION NAME.—A covered institution, or 
an institution-affiliated organization of such covered institution, 
that enters into a preferred lender arrangement with a lender 
regarding private education loans shall not agree to the lender’s 
use of the name, emblem, mascot, or logo of such institution 
or organization, or other words, pictures, or symbols readily 
identified with such institution or organization, in the mar-
keting of private education loans to students attending such 
institution in any way that implies that the loan is offered 
or made by such institution or organization instead of the 
lender. 
‘‘(3) USE OF LENDER NAME.—A covered institution, or an 
institution-affiliated organization of such covered institution, 
that enters into a preferred lender arrangement with a lender 
regarding private education loans shall ensure that the name 
of the lender is displayed in all information and documentation 
related to such loans. 
‘‘(b) LENDER RESPONSIBILITIES.— 
‘‘(1) DISCLOSURES BY LENDERS.— 
‘‘(A) DISCLOSURES TO BORROWERS.— 
‘‘(i) FEDERAL
EDUCATION
LOANS.—For each edu-
cation loan that is made, insured, or guaranteed under 
part B or D of title IV (other than a loan made under 
section 428C or a Federal Direct Consolidation Loan), 
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122 STAT. 3121 
PUBLIC LAW 110–315—AUG. 14, 2008 
at or prior to the time the lender disburses such loan, 
the lender shall provide the prospective borrower or 
borrower, in writing (including through electronic 
means), with the disclosures described in subsections 
(a) and (c) of section 433. 
‘‘(ii) PRIVATE
EDUCATION
LOANS.—For each of a 
lender’s private education loans, the lender shall 
comply with the disclosure requirements under section 
128(e) of the Truth in Lending Act (15 U.S.C. 1638(e)). 
‘‘(B) DISCLOSURES TO THE SECRETARY.— 
‘‘(i) IN
GENERAL.—Each lender of a loan made, 
insured, or guaranteed under part B of title IV shall, 
on an annual basis, report to the Secretary— 
‘‘(I) any reasonable expenses paid or provided 
under section 435(d)(5)(D) or paragraph (3)(B) or 
(7) of section 487(e) to any agent of a covered 
institution who— 
‘‘(aa) is employed in the financial aid office 
of a covered institution; or 
‘‘(bb) otherwise has responsibilities with 
respect to education loans or other financial 
aid of the institution; and 
‘‘(II) any similar expenses paid or provided 
to any agent of an institution-affiliated organiza-
tion who is involved in the practice of recom-
mending, promoting, or endorsing education loans. 
‘‘(ii) CONTENTS OF REPORTS.—Each report described 
in clause (i) shall include— 
‘‘(I) the amount for each specific instance in 
which the lender provided such expenses; 
‘‘(II) the name of any agent described in clause 
(i) to whom the expenses were paid or provided; 
‘‘(III) the dates of the activity for which the 
expenses were paid or provided; and 
‘‘(IV) a brief description of the activity for 
which the expenses were paid or provided. 
‘‘(iii) REPORT TO CONGRESS.—The Secretary shall 
summarize the information received from the lenders 
under this subparagraph in a report and transmit such 
report annually to the authorizing committees. 
‘‘(2) CERTIFICATION BY LENDERS.—Not later than 18 months 
after the date of enactment of the Higher Education Oppor-
tunity Act— 
‘‘(A) in addition to any other disclosure required under 
Federal law, each lender of a loan made, insured, or 
guaranteed under part B of title IV that participates in 
one or more preferred lender arrangements shall annually 
certify the lender’s compliance with the requirements of 
this Act; and 
‘‘(B) if an audit of a lender is required pursuant to 
section 428(b)(1)(U)(iii), the lender’s compliance with the 
requirements under this section shall be reported on and 
attested to annually by the auditor of such lender. 
Reports. 
Deadlines. 
Deadline. 
Reports. 
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122 STAT. 3122 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 153. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLO-
SURE FORM FOR COVERED INSTITUTIONS, INSTITUTION- 
AFFILIATED ORGANIZATIONS, AND LENDERS PARTICI-
PATING IN PREFERRED LENDER ARRANGEMENTS. 
‘‘(a) DUTIES OF THE SECRETARY.— 
‘‘(1) DETERMINATION OF MINIMUM DISCLOSURES.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Higher Education Opportunity 
Act, the Secretary, in coordination with the Board of Gov-
ernors of the Federal Reserve System, shall determine 
the minimum information that lenders, covered institu-
tions, and institution-affiliated organizations of such cov-
ered institutions participating in preferred lender arrange-
ments shall make available regarding education loans 
described in section 151(3)(A) that are offered to students 
and the families of such students. 
‘‘(B) CONSULTATION AND CONTENT OF MINIMUM DISCLO-
SURES.—In carrying out subparagraph (A), the Secretary 
shall— 
‘‘(i) consult with students, the families of such 
students, 
representatives 
of 
covered 
institutions 
(including financial aid administrators, admission offi-
cers, and business officers), representatives of institu-
tion-affiliated organizations, secondary school guidance 
counselors, lenders, loan servicers, and guaranty agen-
cies; 
‘‘(ii) include, in the minimum information under 
subparagraph (A) that is required to be made available, 
the information that the Board of Governors of the 
Federal Reserve System requires to be disclosed under 
section 128(e)(1) of the Truth in Lending Act (15 U.S.C. 
1638(e)(1)), modified as necessary to apply to such 
loans; and 
‘‘(iii) consider the merits of requiring each covered 
institution, and each institution-affiliated organization 
of such covered institution, with a preferred lender 
arrangement to provide to prospective borrowers and 
the families of such borrowers the following informa-
tion for each type of education loan offered pursuant 
to such preferred lender arrangement: 
‘‘(I) The interest rate and terms and conditions 
of the loan for the next award year, including 
loan forgiveness and deferment. 
‘‘(II) Information on any charges, such as origi-
nation and Federal default fees, that are payable 
on the loan, and whether those charges will be— 
‘‘(aa) collected by the lender at or prior 
to the disbursal of the loan, including whether 
the charges will be deducted from the proceeds 
of the loan or paid separately by the borrower; 
or 
‘‘(bb) paid in whole or in part by the 
lender. 
‘‘(III) The annual and aggregate maximum 
amounts that may be borrowed. 
‘‘(IV) The average amount borrowed from the 
lender by students who graduated from such 
Deadline. 
20 USC 1019b. 
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122 STAT. 3123 
PUBLIC LAW 110–315—AUG. 14, 2008 
institution in the preceding year with certificates, 
undergraduate degrees, graduate degrees, and 
professional degrees, as applicable, and who 
obtained loans of such type from the lender for 
the preceding year. 
‘‘(V) The amount the borrower may pay in 
interest, based on a standard repayment plan and 
the average amount borrowed from the lender by 
students who graduated from such institution in 
the preceding year and who obtained loans of such 
type from the lender for the preceding year, for— 
‘‘(aa) borrowers who take out loans under 
section 428; 
‘‘(bb) borrowers who take out loans under 
section 428B or 428H, who pay the interest 
while in school; and 
‘‘(cc) borrowers who take out loans under 
section 428B or 428H, who do not pay the 
interest while in school. 
‘‘(VI) The consequences for the borrower of 
defaulting on a loan, including limitations on the 
discharge of an education loan in bankruptcy. 
‘‘(VII) Contact information for the lender. 
‘‘(VIII) Other information suggested by the 
persons and entities with whom the Secretary has 
consulted under clause (i). 
‘‘(2) REQUIRED DISCLOSURES.—After making the determina-
tions under paragraph (1), the Secretary, in coordination with 
the Board of Governors of the Federal Reserve System and 
after consultation with the public, shall— 
‘‘(A)(i) provide that the information determined under 
paragraph (1) shall be disclosed by covered institutions, 
and institution-affiliated organizations of such covered 
institutions, 
with 
preferred 
lender 
arrangements 
to 
prospective borrowers and the families of such borrowers 
regarding the education loans described in section 151(3)(A) 
that are offered pursuant to such preferred lender arrange-
ments; and 
‘‘(ii) make clear that such covered institutions and 
institution-affiliated 
organizations 
may 
provide 
the 
required information on a form designed by the institution 
or organization instead of the model disclosure form 
described in subparagraph (B); 
‘‘(B) develop a model disclosure form that may be used 
by covered institutions, institution-affiliated organizations, 
and preferred lenders that includes all of the information 
required under subparagraph (A)(i) in a format that— 
‘‘(i) is easily usable by students, families, institu-
tions, institution-affiliated organizations, lenders, loan 
servicers, and guaranty agencies; and 
‘‘(ii) is similar in format to the form developed 
by the Board of Governors of the Federal Reserve 
System under paragraphs (1) and (5)(A) of section 
128(e), in order to permit students and the families 
of students to easily compare private education loans 
and education loans described in section 151(3)(A); and 
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122 STAT. 3124 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) update such model disclosure form periodically, 
as necessary. 
‘‘(b) DUTIES OF LENDERS.—Each lender that has a preferred 
lender arrangement with a covered institution, or an institution- 
affiliated organization of such covered institution, with respect to 
education loans described in section 151(3)(A) shall annually, by 
a date determined by the Secretary, provide to such covered institu-
tion or such institution-affiliated organization, and to the Secretary, 
the information the Secretary requires pursuant to subsection 
(a)(2)(A)(i) for each type of education loan described in section 
151(3)(A) that the lender plans to offer pursuant to such preferred 
lender arrangement to students attending such covered institution, 
or to the families of such students, for the next award year. 
‘‘(c) DUTIES OF COVERED INSTITUTIONS AND INSTITUTION-AFFILI-
ATED ORGANIZATIONS.— 
‘‘(1) PROVIDING INFORMATION TO STUDENTS AND FAMILIES.— 
‘‘(A) IN GENERAL.—Each covered institution, and each 
institution-affiliated organization of such covered institu-
tion, that has a preferred lender arrangement shall provide 
the following information to students attending such 
institution, or the families of such students, as applicable: 
‘‘(i) The information the Secretary requires pursu-
ant to subsection (a)(2)(A)(i), for each type of education 
loan described in section 151(3)(A) offered pursuant 
to a preferred lender arrangement to students of such 
institution or the families of such students. 
‘‘(ii)(I) In the case of a covered institution, the 
information that the Board of Governors of the Federal 
Reserve System requires to be disclosed under section 
128(e)(11) of the Truth in Lending Act (15 U.S.C. 
1638(e)(11)) to the covered institution, for each type 
of private education loan offered pursuant to such pre-
ferred lender arrangement to students of such institu-
tion or the families of such students. 
‘‘(II) In the case of an institution-affiliated 
organization, the information the Board of Governors 
of the Federal Reserve System requires to be disclosed 
under section 128(e)(1) of the Truth in Lending Act 
(15 U.S.C. 1638(e)(1)), for each type of private edu-
cation loan offered pursuant to such preferred lender 
arrangement to students of the institution with which 
such organization is affiliated or the families of such 
students. 
‘‘(B) TIMELY PROVISION OF INFORMATION.—The informa-
tion described in subparagraph (A) shall be provided in 
a manner that allows for the students or the families 
to take such information into account before selecting a 
lender or applying for an education loan. 
‘‘(2) ANNUAL REPORT.—Each covered institution, and each 
institution-affiliated organization of such covered institution, 
that has a preferred lender arrangement, shall— 
‘‘(A) prepare and submit to the Secretary an annual 
report, by a date determined by the Secretary, that 
includes, for each lender that has a preferred lender 
arrangement with such covered institution or organiza-
tion— 
Deadline. 
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122 STAT. 3125 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) the information described in clauses (i) and 
(ii) of paragraph (1)(A); and 
‘‘(ii) a detailed explanation of why such covered 
institution or institution-affiliated organization entered 
into a preferred lender arrangement with the lender, 
including why the terms, conditions, and provisions 
of each type of education loan provided pursuant to 
the preferred lender arrangement are beneficial for 
students attending such institution, or the families 
of such students, as applicable; and 
‘‘(B) ensure that the report required under subpara-
graph (A) is made available to the public and provided 
to students attending or planning to attend such covered 
institution and the families of such students. 
‘‘(3) CODE OF CONDUCT.— 
‘‘(A) IN GENERAL.—Each covered institution, and each 
institution-affiliated organization of such covered institu-
tion, that has a preferred lender arrangement, shall comply 
with the code of conduct requirements of subparagraphs 
(A) through (C) of section 487(a)(25). 
‘‘(B) APPLICABLE CODE OF CONDUCT.—For purposes of 
subparagraph (A), an institution-affiliated organization of 
a covered institution shall— 
‘‘(i) comply with the code of conduct developed 
and published by such covered institution under sub-
paragraphs (A) and (B) of section 487(a)(25); 
‘‘(ii) if such institution-affiliated organization has 
a website, publish such code of conduct prominently 
on the website; and 
‘‘(iii) administer and enforce such code of conduct 
by, at a minimum, requiring that all of such organiza-
tion’s agents with responsibilities with respect to edu-
cation loans be annually informed of the provisions 
of such code of conduct. 
‘‘SEC. 154. LOAN INFORMATION TO BE DISCLOSED AND MODEL DISCLO-
SURE FORM FOR INSTITUTIONS PARTICIPATING IN THE 
WILLIAM. D. FORD FEDERAL DIRECT LOAN PROGRAM. 
‘‘(a) PROVISION OF DISCLOSURES TO INSTITUTIONS BY THE SEC-
RETARY.—Not later than 180 days after the development of the 
model disclosure form under section 153(a)(2)(B), the Secretary 
shall provide each institution of higher education participating in 
the William D. Ford Direct Loan Program under part D of title 
IV with a completed model disclosure form including the same 
information for Federal Direct Stafford Loans, Federal Direct 
Unsubsidized Stafford Loans, and Federal Direct PLUS loans made 
to, or on behalf of, students attending each such institution as 
is required on such form for loans described in section 151(3)(A). 
‘‘(b) DUTIES OF INSTITUTIONS.— 
‘‘(1) IN
GENERAL.—Each institution of higher education 
participating in the William D. Ford Direct Loan Program 
under part D of title IV shall— 
‘‘(A) make the information the Secretary provides to 
the institution under subsection (a) available to students 
attending or planning to attend the institution, or the 
families of such students, as applicable; and 
Deadline. 
20 USC 1019c. 
Deadline. 
Notice. 
Web site. 
Public 
information. 
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122 STAT. 3126 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) if the institution provides information regarding 
a private education loan to a prospective borrower, concur-
rently provide such borrower with the information the Sec-
retary provides to the institution under subsection (a). 
‘‘(2) CHOICE
OF
FORMS.—In providing the information 
required under paragraph (1), an institution of higher education 
may use a comparable form designed by the institution instead 
of the model disclosure form developed under section 
153(a)(2)(B).’’. 
TITLE II—TEACHER QUALITY 
ENHANCEMENT 
SEC. 201. TEACHER QUALITY ENHANCEMENT. 
Title II (20 U.S.C. 1021 et seq.) is amended— 
(1) by inserting before part A the following: 
‘‘SEC. 200. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ARTS
AND
SCIENCES.—The term ‘arts and sciences’ 
means— 
‘‘(A) when referring to an organizational unit of an 
institution of higher education, any academic unit that 
offers one or more academic majors in disciplines or content 
areas corresponding to the academic subject matter areas 
in which teachers provide instruction; and 
‘‘(B) when referring to a specific academic subject area, 
the disciplines or content areas in which academic majors 
are offered by the arts and sciences organizational unit. 
‘‘(2) CHILDREN
FROM
LOW-INCOME
FAMILIES.—The term 
‘children from low-income families’ means children described 
in section 1124(c)(1)(A) of the Elementary and Secondary Edu-
cation Act of 1965. 
‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘core academic 
subjects’ has the meaning given the term in section 9101 of 
the Elementary and Secondary Education Act of 1965. 
‘‘(4) EARLY CHILDHOOD EDUCATOR.—The term ‘early child-
hood educator’ means an individual with primary responsibility 
for the education of children in an early childhood education 
program. 
‘‘(5) EDUCATIONAL SERVICE AGENCY.—The term ‘educational 
service agency’ has the meaning given the term in section 
9101 of the Elementary and Secondary Education Act of 1965. 
‘‘(6) ELIGIBLE PARTNERSHIP.—Except as otherwise provided 
in section 251, the term ‘eligible partnership’ means an entity 
that— 
‘‘(A) shall include— 
‘‘(i) a high-need local educational agency; 
‘‘(ii)(I) a high-need school or a consortium of high- 
need schools served by the high-need local educational 
agency; or 
‘‘(II) as applicable, a high-need early childhood edu-
cation program; 
‘‘(iii) a partner institution; 
‘‘(iv) a school, department, or program of education 
within such partner institution, which may include 
20 USC 1021. 
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122 STAT. 3127 
PUBLIC LAW 110–315—AUG. 14, 2008 
an existing teacher professional development program 
with proven outcomes within a four-year institution 
of higher education that provides intensive and sus-
tained collaboration between faculty and local edu-
cational agencies consistent with the requirements of 
this title; and 
‘‘(v) a school or department of arts and sciences 
within such partner institution; and 
‘‘(B) may include any of the following: 
‘‘(i) The Governor of the State. 
‘‘(ii) The State educational agency. 
‘‘(iii) The State board of education. 
‘‘(iv) The State agency for higher education. 
‘‘(v) A business. 
‘‘(vi) A public or private nonprofit educational 
organization. 
‘‘(vii) An educational service agency. 
‘‘(viii) A teacher organization. 
‘‘(ix) A high-performing local educational agency, 
or a consortium of such local educational agencies, 
that can serve as a resource to the partnership. 
‘‘(x) A charter school (as defined in section 5210 
of the Elementary and Secondary Education Act of 
1965). 
‘‘(xi) A school or department within the partner 
institution that focuses on psychology and human 
development. 
‘‘(xii) A school or department within the partner 
institution with comparable expertise in the disciplines 
of teaching, learning, and child and adolescent develop-
ment. 
‘‘(xiii) An entity operating a program that provides 
alternative routes to State certification of teachers. 
‘‘(7) ESSENTIAL COMPONENTS OF READING INSTRUCTION.— 
The term ‘essential components of reading instruction’ has the 
meaning given the term in section 1208 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(8) EXEMPLARY TEACHER.—The term ‘exemplary teacher’ 
has the meaning given the term in section 9101 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(9) HIGH-NEED EARLY CHILDHOOD EDUCATION PROGRAM.— 
The term ‘high-need early childhood education program’ means 
an early childhood education program serving children from 
low-income families that is located within the geographic area 
served by a high-need local educational agency. 
‘‘(10) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
‘high-need local educational agency’ means a local educational 
agency— 
‘‘(A)(i) for which not less than 20 percent of the children 
served by the agency are children from low-income families; 
‘‘(ii) that serves not fewer than 10,000 children from 
low-income families; 
‘‘(iii) that meets the eligibility requirements for funding 
under the Small, Rural School Achievement Program under 
section 6211(b) of the Elementary and Secondary Education 
Act of 1965; or 
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122 STAT. 3128 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iv) that meets the eligibility requirements for funding 
under the Rural and Low-Income School Program under 
section 6221(b) of the Elementary and Secondary Education 
Act of 1965; and 
‘‘(B)(i) for which there is a high percentage of teachers 
not teaching in the academic subject areas or grade levels 
in which the teachers were trained to teach; or 
‘‘(ii) for which there is a high teacher turnover rate 
or a high percentage of teachers with emergency, provi-
sional, or temporary certification or licensure. 
‘‘(11) HIGH-NEED SCHOOL.— 
‘‘(A) IN GENERAL.—The term ‘high-need school’ means 
a school that, based on the most recent data available, 
meets one or both of the following: 
‘‘(i) The school is in the highest quartile of schools 
in a ranking of all schools served by a local educational 
agency, ranked in descending order by percentage of 
students from low-income families enrolled in such 
schools, as determined by the local educational agency 
based on one of the following measures of poverty: 
‘‘(I) The percentage of students aged 5 through 
17 in poverty counted in the most recent census 
data approved by the Secretary. 
‘‘(II) The percentage of students eligible for 
a free or reduced price school lunch under the 
Richard B. Russell National School Lunch Act. 
‘‘(III) The percentage of students in families 
receiving assistance under the State program 
funded under part A of title IV of the Social Secu-
rity Act. 
‘‘(IV) The percentage of students eligible to 
receive medical assistance under the Medicaid pro-
gram. 
‘‘(V) A composite of two or more of the meas-
ures described in subclauses (I) through (IV). 
‘‘(ii) In the case of— 
‘‘(I) an elementary school, the school serves 
students not less than 60 percent of whom are 
eligible for a free or reduced price school lunch 
under the Richard B. Russell National School 
Lunch Act; or 
‘‘(II) any other school that is not an elementary 
school, the other school serves students not less 
than 45 percent of whom are eligible for a free 
or reduced price school lunch under the Richard 
B. Russell National School Lunch Act. 
‘‘(B) SPECIAL RULE.— 
‘‘(i) DESIGNATION
BY
THE
SECRETARY.—The Sec-
retary may, upon approval of an application submitted 
by an eligible partnership seeking a grant under this 
title, designate a school that does not qualify as a 
high-need school under subparagraph (A) as a high- 
need school for the purpose of this title. The Secretary 
shall base the approval of an application for designa-
tion of a school under this clause on a consideration 
of the information required under clause (ii), and may 
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122 STAT. 3129 
PUBLIC LAW 110–315—AUG. 14, 2008 
also take into account other information submitted by 
the eligible partnership. 
‘‘(ii) APPLICATION REQUIREMENTS.—An application 
for designation of a school under clause (i) shall 
include— 
‘‘(I) the number and percentage of students 
attending such school who are— 
‘‘(aa) aged 5 through 17 in poverty counted 
in the most recent census data approved by 
the Secretary; 
‘‘(bb) eligible for a free or reduced price 
school lunch under the Richard B. Russell 
National School Lunch Act; 
‘‘(cc) in families receiving assistance under 
the State program funded under part A of 
title IV of the Social Security Act; or 
‘‘(dd) eligible to receive medical assistance 
under the Medicaid program; 
‘‘(II) information about the student academic 
achievement of students at such school; and 
‘‘(III) for a secondary school, the graduation 
rate for such school. 
‘‘(12) HIGHLY COMPETENT.—The term ‘highly competent’, 
when used with respect to an early childhood educator, means 
an educator— 
‘‘(A) with specialized education and training in develop-
ment and education of young children from birth until 
entry into kindergarten; 
‘‘(B) with— 
‘‘(i) a baccalaureate degree in an academic major 
in the arts and sciences; or 
‘‘(ii) an associate’s degree in a related educational 
area; and 
‘‘(C) who has demonstrated a high level of knowledge 
and use of content and pedagogy in the relevant areas 
associated with quality early childhood education. 
‘‘(13) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 
the meaning given such term in section 9101 of the Elementary 
and Secondary Education Act of 1965 and, with respect to 
special education teachers, in section 602 of the Individuals 
with Disabilities Education Act. 
‘‘(14) INDUCTION PROGRAM.—The term ‘induction program’ 
means a formalized program for new teachers during not less 
than the teachers’ first two years of teaching that is designed 
to provide support for, and improve the professional perform-
ance and advance the retention in the teaching field of, begin-
ning teachers. Such program shall promote effective teaching 
skills and shall include the following components: 
‘‘(A) High-quality teacher mentoring. 
‘‘(B) Periodic, structured time for collaboration with 
teachers in the same department or field, including mentor 
teachers, as well as time for information-sharing among 
teachers, principals, administrators, other appropriate 
instructional staff, and participating faculty in the partner 
institution. 
‘‘(C) The application of empirically-based practice and 
scientifically valid research on instructional practices. 
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122 STAT. 3130 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D) Opportunities for new teachers to draw directly 
on the expertise of teacher mentors, faculty, and 
researchers to support the integration of empirically-based 
practice and scientifically valid research with practice. 
‘‘(E) The development of skills in instructional and 
behavioral interventions derived from empirically-based 
practice and, where applicable, scientifically valid research. 
‘‘(F) Faculty who— 
‘‘(i) model the integration of research and practice 
in the classroom; and 
‘‘(ii) assist new teachers with the effective use and 
integration of technology in the classroom. 
‘‘(G) Interdisciplinary collaboration among exemplary 
teachers, faculty, researchers, and other staff who prepare 
new teachers with respect to the learning process and 
the assessment of learning. 
‘‘(H) Assistance with the understanding of data, 
particularly student achievement data, and the applica-
bility of such data in classroom instruction. 
‘‘(I) Regular and structured observation and evaluation 
of new teachers by multiple evaluators, using valid and 
reliable measures of teaching skills. 
‘‘(15) LIMITED
ENGLISH
PROFICIENT.—The term ‘limited 
English proficient’ has the meaning given the term in section 
9101 of the Elementary and Secondary Education Act of 1965. 
‘‘(16) PARENT.—The term ‘parent’ has the meaning given 
the term in section 9101 of the Elementary and Secondary 
Education Act of 1965. 
‘‘(17) PARTNER INSTITUTION.—The term ‘partner institution’ 
means an institution of higher education, which may include 
a two-year institution of higher education offering a dual pro-
gram with a four-year institution of higher education, partici-
pating in an eligible partnership that has a teacher preparation 
program— 
‘‘(A) whose graduates exhibit strong performance on 
State-determined qualifying assessments for new teachers 
through— 
‘‘(i) demonstrating that 80 percent or more of the 
graduates of the program who intend to enter the 
field of teaching have passed all of the applicable State 
qualification assessments for new teachers, which shall 
include an assessment of each prospective teacher’s 
subject matter knowledge in the content area in which 
the teacher intends to teach; or 
‘‘(ii) being ranked among the highest-performing 
teacher preparation programs in the State as deter-
mined by the State— 
‘‘(I) using criteria consistent with the require-
ments for the State report card under section 
205(b) before the first publication of such report 
card; and 
‘‘(II) using the State report card on teacher 
preparation required under section 205(b), after 
the first publication of such report card and for 
every year thereafter; and 
‘‘(B) that requires— 
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122 STAT. 3131 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) each student in the program to meet high 
academic standards or demonstrate a record of success, 
as determined by the institution (including prior to 
entering and being accepted into a program), and 
participate in intensive clinical experience; 
‘‘(ii) each student in the program preparing to 
become a teacher to become highly qualified; and 
‘‘(iii) each student in the program preparing to 
become an early childhood educator to meet degree 
requirements, as established by the State, and become 
highly competent. 
‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.—The term ‘prin-
ciples of scientific research’ means principles of research that— 
‘‘(A) apply rigorous, systematic, and objective method-
ology to obtain reliable and valid knowledge relevant to 
education activities and programs; 
‘‘(B) present findings and make claims that are appro-
priate to, and supported by, the methods that have been 
employed; and 
‘‘(C) include, appropriate to the research being con-
ducted— 
‘‘(i) use of systematic, empirical methods that draw 
on observation or experiment; 
‘‘(ii) use of data analyses that are adequate to 
support the general findings; 
‘‘(iii) reliance on measurements or observational 
methods that provide reliable and generalizable 
findings; 
‘‘(iv) strong claims of causal relationships, only 
with research designs that eliminate plausible com-
peting explanations for observed results, such as, but 
not limited to, random-assignment experiments; 
‘‘(v) presentation of studies and methods in suffi-
cient detail and clarity to allow for replication or, at 
a minimum, to offer the opportunity to build systemati-
cally on the findings of the research; 
‘‘(vi) acceptance by a peer-reviewed journal or cri-
tique by a panel of independent experts through a 
comparably rigorous, objective, and scientific review; 
and 
‘‘(vii) consistency of findings across multiple 
studies or sites to support the generality of results 
and conclusions. 
‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘professional 
development’ has the meaning given the term in section 9101 
of the Elementary and Secondary Education Act of 1965. 
‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientif-
ically valid research’ includes applied research, basic research, 
and field-initiated research in which the rationale, design, and 
interpretation are soundly developed in accordance with prin-
ciples of scientific research. 
‘‘(21) TEACHER MENTORING.—The term ‘teacher mentoring’ 
means the mentoring of new or prospective teachers through 
a program that— 
‘‘(A) includes clear criteria for the selection of teacher 
mentors who will provide role model relationships for 
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122 STAT. 3132 
PUBLIC LAW 110–315—AUG. 14, 2008 
mentees, which criteria shall be developed by the eligible 
partnership and based on measures of teacher effectiveness; 
‘‘(B) provides high-quality training for such mentors, 
including instructional strategies for literacy instruction 
and classroom management (including approaches that 
improve the schoolwide climate for learning, which may 
include positive behavioral interventions and supports); 
‘‘(C) provides regular and ongoing opportunities for 
mentors and mentees to observe each other’s teaching 
methods in classroom settings during the day in a high- 
need school in the high-need local educational agency in 
the eligible partnership; 
‘‘(D) provides paid release time for mentors, as 
applicable; 
‘‘(E) provides mentoring to each mentee by a colleague 
who teaches in the same field, grade, or subject as the 
mentee; 
‘‘(F) promotes empirically-based practice of, and sci-
entifically valid research on, where applicable— 
‘‘(i) teaching and learning; 
‘‘(ii) assessment of student learning; 
‘‘(iii) the development of teaching skills through 
the use of instructional and behavioral interventions; 
and 
‘‘(iv) the improvement of the mentees’ capacity to 
measurably advance student learning; and 
‘‘(G) includes— 
‘‘(i) common planning time or regularly scheduled 
collaboration for the mentor and mentee; and 
‘‘(ii) joint professional development opportunities. 
‘‘(22) TEACHING RESIDENCY PROGRAM.—The term ‘teaching 
residency program’ means a school-based teacher preparation 
program in which a prospective teacher— 
‘‘(A) for one academic year, teaches alongside a mentor 
teacher, who is the teacher of record; 
‘‘(B) receives concurrent instruction during the year 
described in subparagraph (A) from the partner institution, 
which courses may be taught by local educational agency 
personnel or residency program faculty, in the teaching 
of the content area in which the teacher will become cer-
tified or licensed; 
‘‘(C) acquires effective teaching skills; and 
‘‘(D) prior to completion of the program, earns a mas-
ter’s degree, attains full State teacher certification or licen-
sure, and becomes highly qualified. 
‘‘(23) TEACHING SKILLS.—The term ‘teaching skills’ means 
skills that enable a teacher to— 
‘‘(A) increase student learning, achievement, and the 
ability to apply knowledge; 
‘‘(B) effectively convey and explain academic subject 
matter; 
‘‘(C) effectively teach higher-order analytical, evalua-
tion, problem-solving, and communication skills; 
‘‘(D) employ strategies grounded in the disciplines of 
teaching and learning that— 
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122 STAT. 3133 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) are based on empirically-based practice and 
scientifically valid research, where applicable, related 
to teaching and learning; 
‘‘(ii) are specific to academic subject matter; and 
‘‘(iii) focus on the identification of students’ specific 
learning needs, particularly students with disabilities, 
students who are limited English proficient, students 
who are gifted and talented, and students with low 
literacy levels, and the tailoring of academic instruction 
to such needs; 
‘‘(E) conduct an ongoing assessment of student 
learning, which may include the use of formative assess-
ments, 
performance-based 
assessments, 
project-based 
assessments, or portfolio assessments, that measures 
higher-order thinking skills (including application, anal-
ysis, synthesis, and evaluation); 
‘‘(F) effectively manage a classroom, including the 
ability to implement positive behavioral interventions and 
support strategies; 
‘‘(G) communicate and work with parents, and involve 
parents in their children’s education; and 
‘‘(H) use, in the case of an early childhood educator, 
age-appropriate and developmentally appropriate strategies 
and practices for children in early childhood education 
programs.’’; 
(2) by striking part A and inserting the following: 
‘‘PART A—TEACHER QUALITY PARTNERSHIP 
GRANTS 
‘‘SEC. 201. PURPOSES. 
‘‘The purposes of this part are to— 
‘‘(1) improve student achievement; 
‘‘(2) improve the quality of prospective and new teachers 
by improving the preparation of prospective teachers and 
enhancing professional development activities for new teachers; 
‘‘(3) hold teacher preparation programs at institutions of 
higher education accountable for preparing highly qualified 
teachers; and 
‘‘(4) recruit highly qualified individuals, including minori-
ties and individuals from other occupations, into the teaching 
force. 
‘‘SEC. 202. PARTNERSHIP GRANTS. 
‘‘(a) PROGRAM AUTHORIZED.—From amounts made available 
under section 209, the Secretary is authorized to award grants, 
on a competitive basis, to eligible partnerships, to enable the eligible 
partnerships to carry out the activities described in subsection 
(c). 
‘‘(b) APPLICATION.—Each eligible partnership desiring a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information 
as the Secretary may require. Each such application shall contain— 
‘‘(1) a needs assessment of the partners in the eligible 
partnership with respect to the preparation, ongoing training, 
professional development, and retention of general education 
20 USC 1022a. 
20 USC 1022. 
20 USC 1021 
et seq. 
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122 STAT. 3134 
PUBLIC LAW 110–315—AUG. 14, 2008 
and special education teachers, principals, and, as applicable, 
early childhood educators; 
‘‘(2) a description of the extent to which the program to 
be carried out with grant funds, as described in subsection 
(c), will prepare prospective and new teachers with strong 
teaching skills; 
‘‘(3) a description of how such program will prepare prospec-
tive and new teachers to understand and use research and 
data to modify and improve classroom instruction; 
‘‘(4) a description of— 
‘‘(A) how the eligible partnership will coordinate strate-
gies and activities assisted under the grant with other 
teacher preparation or professional development programs, 
including programs funded under the Elementary and Sec-
ondary Education Act of 1965 and the Individuals with 
Disabilities Education Act, and through the National 
Science Foundation; and 
‘‘(B) how the activities of the partnership will be con-
sistent with State, local, and other education reform activi-
ties that promote teacher quality and student academic 
achievement; 
‘‘(5) an assessment that describes the resources available 
to the eligible partnership, including— 
‘‘(A) the integration of funds from other related sources; 
‘‘(B) the intended use of the grant funds; and 
‘‘(C) the commitment of the resources of the partner-
ship to the activities assisted under this section, including 
financial support, faculty participation, and time commit-
ments, and to the continuation of the activities when the 
grant ends; 
‘‘(6) a description of— 
‘‘(A) how the eligible partnership will meet the pur-
poses of this part; 
‘‘(B) how the partnership will carry out the activities 
required under subsection (d) or (e), based on the needs 
identified in paragraph (1), with the goal of improving 
student academic achievement; 
‘‘(C) if the partnership chooses to use funds under 
this section for a project or activities under subsection 
(f) or (g), how the partnership will carry out such project 
or required activities based on the needs identified in para-
graph (1), with the goal of improving student academic 
achievement; 
‘‘(D) the partnership’s evaluation plan under section 
204(a); 
‘‘(E) how the partnership will align the teacher 
preparation program under subsection (c) with the— 
‘‘(i) State early learning standards for early child-
hood education programs, as appropriate, and with 
the relevant domains of early childhood development; 
and 
‘‘(ii) student academic achievement standards and 
academic content standards under section 1111(b)(2) 
of the Elementary and Secondary Education Act of 
1965, established by the State in which the partnership 
is located; 
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122 STAT. 3135 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(F) how the partnership will prepare general edu-
cation teachers to teach students with disabilities, 
including training related to participation as a member 
of individualized education program teams, as defined in 
section 614(d)(1)(B) of the Individuals with Disabilities 
Education Act; 
‘‘(G) how the partnership will prepare general edu-
cation and special education teachers to teach students 
who are limited English proficient; 
‘‘(H) how faculty at the partner institution will work, 
during the term of the grant, with highly qualified teachers 
in the classrooms of high-need schools served by the high- 
need local educational agency in the partnership to— 
‘‘(i) provide high-quality professional development 
activities to strengthen the content knowledge and 
teaching skills of elementary school and secondary 
school teachers; and 
‘‘(ii) train other classroom teachers to implement 
literacy programs that incorporate the essential compo-
nents of reading instruction; 
‘‘(I) how the partnership will design, implement, or 
enhance a year-long and rigorous teaching preservice clin-
ical program component; 
‘‘(J) how the partnership will support in-service profes-
sional development strategies and activities; and 
‘‘(K) how the partnership will collect, analyze, and 
use data on the retention of all teachers and early childhood 
educators in schools and early childhood education pro-
grams located in the geographic area served by the partner-
ship to evaluate the effectiveness of the partnership’s 
teacher and educator support system; and 
‘‘(7) with respect to the induction program required as 
part of the activities carried out under this section— 
‘‘(A) a demonstration that the schools and departments 
within the institution of higher education that are part 
of the induction program will effectively prepare teachers, 
including providing content expertise and expertise in 
teaching, as appropriate; 
‘‘(B) a demonstration of the eligible partnership’s capa-
bility and commitment to, and the accessibility to and 
involvement of faculty in, the use of empirically-based prac-
tice and scientifically valid research on teaching and 
learning; 
‘‘(C) a description of how the teacher preparation pro-
gram will design and implement an induction program 
to support, through not less than the first two years of 
teaching, all new teachers who are prepared by the teacher 
preparation program in the partnership and who teach 
in the high-need local educational agency in the partner-
ship, and, to the extent practicable, all new teachers who 
teach in such high-need local educational agency, in the 
further development of the new teachers’ teaching skills, 
including the use of mentors who are trained and com-
pensated by such program for the mentors’ work with new 
teachers; and 
‘‘(D) a description of how faculty involved in the induc-
tion program will be able to substantially participate in 
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122 STAT. 3136 
PUBLIC LAW 110–315—AUG. 14, 2008 
an early childhood education program or an elementary 
school or secondary school classroom setting, as applicable, 
including release time and receiving workload credit for 
such participation. 
‘‘(c) USE
OF
GRANT
FUNDS.—An eligible partnership that 
receives a grant under this section— 
‘‘(1) shall use grant funds to carry out a program for the 
pre-baccalaureate preparation of teachers under subsection (d), 
a teaching residency program under subsection (e), or a com-
bination of such programs; and 
‘‘(2) may use grant funds to carry out a leadership develop-
ment program under subsection (f). 
‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCALAUREATE PREPARA-
TION OF TEACHERS.—An eligible partnership that receives a grant 
to carry out an effective program for the pre-baccalaureate prepara-
tion of teachers shall carry out a program that includes all of 
the following: 
‘‘(1) REFORMS.— 
‘‘(A) IN GENERAL.—Implementing reforms, described in 
subparagraph (B), within each teacher preparation program 
and, as applicable, each preparation program for early 
childhood education programs, of the eligible partnership 
that is assisted under this section, to hold each program 
accountable for— 
‘‘(i) preparing— 
‘‘(I) new or prospective teachers to be highly 
qualified (including teachers in rural school dis-
tricts who may teach multiple subjects, special 
educators, and teachers of students who are lim-
ited English proficient who may teach multiple 
subjects); 
‘‘(II) such teachers and, as applicable, early 
childhood educators, to understand empirically- 
based practice and scientifically valid research 
related to teaching and learning and the applica-
bility of such practice and research, including 
through the effective use of technology, instruc-
tional techniques, and strategies consistent with 
the principles of universal design for learning, and 
through positive behavioral interventions and sup-
port strategies to improve student achievement; 
and 
‘‘(III) as applicable, early childhood educators 
to be highly competent; and 
‘‘(ii) promoting strong teaching skills and, as 
applicable, techniques for early childhood educators 
to improve children’s cognitive, social, emotional, and 
physical development. 
‘‘(B) REQUIRED
REFORMS.—The reforms described in 
subparagraph (A) shall include— 
‘‘(i) implementing teacher preparation program 
curriculum changes that improve, evaluate, and assess 
how well all prospective and new teachers develop 
teaching skills; 
‘‘(ii) using empirically-based practice and scientif-
ically valid research, where applicable, about teaching 
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122 STAT. 3137 
PUBLIC LAW 110–315—AUG. 14, 2008 
and learning so that all prospective teachers and, as 
applicable, early childhood educators— 
‘‘(I) understand and can implement research- 
based teaching practices in classroom instruction; 
‘‘(II) have knowledge of student learning 
methods; 
‘‘(III) possess skills to analyze student aca-
demic achievement data and other measures of 
student learning, and use such data and measures 
to improve classroom instruction; 
‘‘(IV) possess teaching skills and an under-
standing of effective instructional strategies across 
all applicable content areas that enable general 
education and special education teachers and early 
childhood educators to— 
‘‘(aa) meet the specific learning needs of 
all students, including students with disabil-
ities, students who are limited English pro-
ficient, students who are gifted and talented, 
students with low literacy levels and, as 
applicable, children in early childhood edu-
cation programs; and 
‘‘(bb) differentiate instruction for such stu-
dents; 
‘‘(V) can effectively participate as a member 
of the individualized education program team, as 
defined in section 614(d)(1)(B) of the Individuals 
with Disabilities Education Act; and 
‘‘(VI) can successfully employ effective strate-
gies for reading instruction using the essential 
components of reading instruction; 
‘‘(iii) ensuring collaboration with departments, pro-
grams, or units of a partner institution outside of the 
teacher preparation program in all academic content 
areas to ensure that prospective teachers receive 
training in both teaching and relevant content areas 
in order to become highly qualified, which may include 
training in multiple subjects to teach multiple grade 
levels as may be needed for individuals preparing to 
teach in rural communities and for individuals pre-
paring to teach students with disabilities as described 
in section 602(10)(D) of the Individuals with Disabil-
ities Education Act; 
‘‘(iv) developing and implementing an induction 
program; 
‘‘(v) developing admissions goals and priorities 
aligned with the hiring objectives of the high-need 
local educational agency in the eligible partnership; 
and 
‘‘(vi) 
implementing 
program 
and 
curriculum 
changes, as applicable, to ensure that prospective 
teachers 
have 
the 
requisite 
content 
knowledge, 
preparation, and degree to teach Advanced Placement 
or International Baccalaureate courses successfully. 
‘‘(2) CLINICAL EXPERIENCE AND INTERACTION.—Developing 
and improving a sustained and high-quality preservice clinical 
education program to further develop the teaching skills of 
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122 STAT. 3138 
PUBLIC LAW 110–315—AUG. 14, 2008 
all prospective teachers and, as applicable, early childhood edu-
cators, involved in the program. Such program shall do the 
following: 
‘‘(A) Incorporate year-long opportunities for enrich-
ment, including— 
‘‘(i) clinical learning in classrooms in high-need 
schools served by the high-need local educational 
agency in the eligible partnership, and identified by 
the eligible partnership; and 
‘‘(ii) 
closely 
supervised 
interaction 
between 
prospective teachers and faculty, experienced teachers, 
principals, other administrators, and school leaders at 
early childhood education programs (as applicable), 
elementary schools, or secondary schools, and providing 
support for such interaction. 
‘‘(B) Integrate pedagogy and classroom practice and 
promote effective teaching skills in academic content areas. 
‘‘(C) Provide high-quality teacher mentoring. 
‘‘(D) Be offered over the course of a program of teacher 
preparation. 
‘‘(E) Be tightly aligned with course work (and may 
be developed as a fifth year of a teacher preparation pro-
gram). 
‘‘(F) Where feasible, allow prospective teachers to learn 
to teach in the same local educational agency in which 
the teachers will work, learning the instructional initiatives 
and curriculum of that local educational agency. 
‘‘(G) As applicable, provide training and experience 
to enhance the teaching skills of prospective teachers to 
better prepare such teachers to meet the unique needs 
of teaching in rural or urban communities. 
‘‘(H) Provide support and training for individuals 
participating in an activity for prospective or new teachers 
described in this paragraph or paragraph (1) or (3), and 
for individuals who serve as mentors for such teachers, 
based on each individual’s experience. Such support may 
include— 
‘‘(i) with respect to a prospective teacher or a 
mentor, release time for such individual’s participation; 
‘‘(ii) with respect to a faculty member, receiving 
course workload credit and compensation for time 
teaching in the eligible partnership’s activities; and 
‘‘(iii) with respect to a mentor, a stipend, which 
may include bonus, differential, incentive, or perform-
ance pay, based on the mentor’s extra skills and 
responsibilities. 
‘‘(3) INDUCTION PROGRAMS FOR NEW TEACHERS.—Creating 
an induction program for new teachers or, in the case of an 
early childhood education program, providing mentoring or 
coaching for new early childhood educators. 
‘‘(4) SUPPORT AND TRAINING FOR PARTICIPANTS IN EARLY 
CHILDHOOD EDUCATION PROGRAMS.—In the case of an eligible 
partnership focusing on early childhood educator preparation, 
implementing initiatives that increase compensation for early 
childhood educators who attain associate or baccalaureate 
degrees in early childhood education. 
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122 STAT. 3139 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(5) 
TEACHER
RECRUITMENT.—Developing 
and 
imple-
menting effective mechanisms (which may include alternative 
routes to State certification of teachers) to ensure that the 
eligible partnership is able to recruit qualified individuals to 
become highly qualified teachers through the activities of the 
eligible partnership, which may include an emphasis on 
recruiting into the teaching profession— 
‘‘(A) individuals from under represented populations; 
‘‘(B) individuals to teach in rural communities and 
teacher shortage areas, including mathematics, science, 
special education, and the instruction of limited English 
proficient students; and 
‘‘(C) mid-career professionals from other occupations, 
former military personnel, and recent college graduates 
with a record of academic distinction. 
‘‘(6) 
LITERACY
TRAINING.—Strengthening 
the 
literacy 
teaching skills of prospective and, as applicable, new 
elementary school and secondary school teachers— 
‘‘(A) to implement literacy programs that incorporate 
the essential components of reading instruction; 
‘‘(B) to use screening, diagnostic, formative, and 
summative assessments to determine students’ literacy 
levels, difficulties, and growth in order to improve class-
room instruction and improve student reading and writing 
skills; 
‘‘(C) to provide individualized, intensive, and targeted 
literacy instruction for students with deficiencies in literacy 
skills; and 
‘‘(D) to integrate literacy skills in the classroom across 
subject areas. 
‘‘(e) PARTNERSHIP
GRANTS
FOR
THE
ESTABLISHMENT
OF 
TEACHING RESIDENCY PROGRAMS.— 
‘‘(1) IN GENERAL.—An eligible partnership receiving a grant 
to carry out an effective teaching residency program shall carry 
out a program that includes all of the following activities: 
‘‘(A) 
Supporting 
a 
teaching 
residency 
program 
described in paragraph (2) for high-need subjects and areas, 
as determined by the needs of the high-need local edu-
cational agency in the partnership. 
‘‘(B) Placing graduates of the teaching residency pro-
gram in cohorts that facilitate professional collaboration, 
both among graduates of the teaching residency program 
and between such graduates and mentor teachers in the 
receiving school. 
‘‘(C) Ensuring that teaching residents who participate 
in the teaching residency program receive— 
‘‘(i) effective preservice preparation as described 
in paragraph (2); 
‘‘(ii) teacher mentoring; 
‘‘(iii) support required through the induction pro-
gram as the teaching residents enter the classroom 
as new teachers; and 
‘‘(iv) the preparation described in subparagraphs 
(A), (B), and (C) of subsection (d)(2). 
‘‘(2) TEACHING RESIDENCY PROGRAMS.— 
‘‘(A) ESTABLISHMENT
AND
DESIGN.—A teaching resi-
dency program under this paragraph shall be a program 
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122 STAT. 3140 
PUBLIC LAW 110–315—AUG. 14, 2008 
based upon models of successful teaching residencies that 
serves as a mechanism to prepare teachers for success 
in the high-need schools in the eligible partnership, and 
shall be designed to include the following characteristics 
of successful programs: 
‘‘(i) The integration of pedagogy, classroom prac-
tice, and teacher mentoring. 
‘‘(ii) Engagement of teaching residents in rigorous 
graduate-level course work to earn a master’s degree 
while undertaking a guided teaching apprenticeship. 
‘‘(iii) Experience and learning opportunities along-
side a trained and experienced mentor teacher— 
‘‘(I) whose teaching shall complement the resi-
dency program so that classroom clinical practice 
is tightly aligned with coursework; 
‘‘(II) who shall have extra responsibilities as 
a teacher leader of the teaching residency program, 
as a mentor for residents, and as a teacher coach 
during the induction program for new teachers, 
and for establishing, within the program, a 
learning community in which all individuals are 
expected to continually improve their capacity to 
advance student learning; and 
‘‘(III) who may be relieved from teaching 
duties as a result of such additional responsibil-
ities. 
‘‘(iv) The establishment of clear criteria for the 
selection of mentor teachers based on measures of 
teacher effectiveness and the appropriate subject area 
knowledge. Evaluation of teacher effectiveness shall 
be based on, but not limited to, observations of the 
following: 
‘‘(I) Planning and preparation, including dem-
onstrated knowledge of content, pedagogy, and 
assessment, including the use of formative and 
diagnostic 
assessments 
to 
improve 
student 
learning. 
‘‘(II) Appropriate instruction that engages stu-
dents with different learning styles. 
‘‘(III) Collaboration with colleagues to improve 
instruction. 
‘‘(IV) Analysis of gains in student learning, 
based on multiple measures that are valid and 
reliable and that, when feasible, may include valid, 
reliable, and objective measures of the influence 
of teachers on the rate of student academic 
progress. 
‘‘(V) In the case of mentor candidates who 
will be mentoring new or prospective literacy and 
mathematics coaches or instructors, appropriate 
skills in the essential components of reading 
instruction, teacher training in literacy instruc-
tional strategies across core subject areas, and 
teacher training in mathematics instructional 
strategies, as appropriate. 
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122 STAT. 3141 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(v) Grouping of teaching residents in cohorts to 
facilitate professional collaboration among such resi-
dents. 
‘‘(vi) The development of admissions goals and 
priorities— 
‘‘(I) that are aligned with the hiring objectives 
of the local educational agency partnering with 
the program, as well as the instructional initiatives 
and curriculum of such agency, in exchange for 
a commitment by such agency to hire qualified 
graduates from the teaching residency program; 
and 
‘‘(II) which may include consideration of 
applicants who reflect the communities in which 
they will teach as well as consideration of individ-
uals from underrepresented populations in the 
teaching profession. 
‘‘(vii) Support for residents, once the teaching resi-
dents are hired as teachers of record, through an induc-
tion program, professional development, and net-
working opportunities to support the residents through 
not less than the residents’ first two years of teaching. 
‘‘(B) SELECTION
OF
INDIVIDUALS
AS
TEACHER
RESI-
DENTS.— 
‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be eligible 
to be a teacher resident in a teaching residency pro-
gram under this paragraph, an individual shall— 
‘‘(I) be a recent graduate of a four-year institu-
tion of higher education or a mid-career profes-
sional from outside the field of education pos-
sessing strong content knowledge or a record of 
professional accomplishment; and 
‘‘(II) submit an application to the teaching resi-
dency program. 
‘‘(ii) SELECTION CRITERIA.—An eligible partnership 
carrying out a teaching residency program under this 
subsection shall establish criteria for the selection of 
eligible individuals to participate in the teaching resi-
dency program based on the following characteristics: 
‘‘(I) Strong content knowledge or record of 
accomplishment in the field or subject area to be 
taught. 
‘‘(II) Strong verbal and written communication 
skills, which may be demonstrated by performance 
on appropriate tests. 
‘‘(III) Other attributes linked to effective 
teaching, which may be determined by interviews 
or performance assessments, as specified by the 
eligible partnership. 
‘‘(C) STIPENDS
OR
SALARIES; APPLICATIONS; AGREE-
MENTS; REPAYMENTS.— 
‘‘(i) STIPENDS OR SALARIES.—A teaching residency 
program under this subsection shall provide a one- 
year living stipend or salary to teaching residents 
during the one-year teaching residency program. 
‘‘(ii) APPLICATIONS FOR STIPENDS OR SALARIES.— 
Each teacher residency candidate desiring a stipend 
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122 STAT. 3142 
PUBLIC LAW 110–315—AUG. 14, 2008 
or salary during the period of residency shall submit 
an application to the eligible partnership at such time, 
and containing such information and assurances, as 
the eligible partnership may require. 
‘‘(iii) AGREEMENTS
TO
SERVE.—Each application 
submitted under clause (ii) shall contain or be accom-
panied by an agreement that the applicant will— 
‘‘(I) serve as a full-time teacher for a total 
of not less than three academic years immediately 
after successfully completing the one-year teaching 
residency program; 
‘‘(II) fulfill the requirement under subclause 
(I) by teaching in a high-need school served by 
the high-need local educational agency in the 
eligible partnership and teach a subject or area 
that is designated as high need by the partnership; 
‘‘(III) provide to the eligible partnership a cer-
tificate, from the chief administrative officer of 
the local educational agency in which the resident 
is employed, of the employment required in sub-
clauses (I) and (II) at the beginning of, and upon 
completion of, each year or partial year of service; 
‘‘(IV) meet the requirements to be a highly 
qualified teacher, as defined in section 9101 of 
the Elementary and Secondary Education Act of 
1965, or section 602 of the Individuals with 
Disabilities Education Act, when the applicant 
begins to fulfill the service obligation under this 
clause; and 
‘‘(V) comply with the requirements set by the 
eligible partnership under clause (iv) if the 
applicant is unable or unwilling to complete the 
service obligation required by this clause. 
‘‘(iv) REPAYMENTS.— 
‘‘(I) IN GENERAL.—A grantee carrying out a 
teaching residency program under this paragraph 
shall require a recipient of a stipend or salary 
under clause (i) who does not complete, or who 
notifies the partnership that the recipient intends 
not to complete, the service obligation required 
by clause (iii) to repay such stipend or salary to 
the eligible partnership, together with interest, at 
a rate specified by the partnership in the agree-
ment, and in accordance with such other terms 
and conditions specified by the eligible partner-
ship, as necessary. 
‘‘(II) OTHER
TERMS
AND
CONDITIONS.—Any 
other terms and conditions specified by the eligible 
partnership may include reasonable provisions for 
pro-rata repayment of the stipend or salary 
described in clause (i) or for deferral of a teaching 
resident’s service obligation required by clause (iii), 
on grounds of health, incapacitation, inability to 
secure employment in a school served by the 
eligible partnership, being called to active duty 
in the Armed Forces of the United States, or other 
extraordinary circumstances. 
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122 STAT. 3143 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(III) USE OF REPAYMENTS.—An eligible part-
nership shall use any repayment received under 
this clause to carry out additional activities that 
are consistent with the purposes of this subsection. 
‘‘(f) PARTNERSHIP GRANTS FOR THE DEVELOPMENT OF LEADER-
SHIP PROGRAMS.— 
‘‘(1) IN
GENERAL.—An eligible partnership that receives 
a grant under this section may carry out an effective school 
leadership program, which may be carried out in partnership 
with a local educational agency located in a rural area and 
that shall include all of the following activities: 
‘‘(A) Preparing individuals enrolled or preparing to 
enroll in school leadership programs for careers as super-
intendents, principals, early childhood education program 
directors, or other school leaders (including individuals pre-
paring to work in local educational agencies located in 
rural areas who may perform multiple duties in addition 
to the role of a school leader). 
‘‘(B) Promoting strong leadership skills and, as 
applicable, techniques for school leaders to effectively— 
‘‘(i) create and maintain a data-driven, professional 
learning community within the leader’s school; 
‘‘(ii) provide a climate conducive to the professional 
development of teachers, with a focus on improving 
student academic achievement and the development 
of effective instructional leadership skills; 
‘‘(iii) understand the teaching and assessment 
skills needed to support successful classroom instruc-
tion and to use data to evaluate teacher instruction 
and drive teacher and student learning; 
‘‘(iv) manage resources and school time to improve 
student academic achievement and ensure the school 
environment is safe; 
‘‘(v) engage and involve parents, community mem-
bers, the local educational agency, businesses, and 
other community leaders, to leverage additional 
resources to improve student academic achievement; 
and 
‘‘(vi) understand how students learn and develop 
in order to increase academic achievement for all stu-
dents. 
‘‘(C) Ensuring that individuals who participate in the 
school leadership program receive— 
‘‘(i) effective preservice preparation as described 
in subparagraph (D); 
‘‘(ii) mentoring; and 
‘‘(iii) if applicable, full State certification or licen-
sure to become a school leader. 
‘‘(D) Developing and improving a sustained and high- 
quality preservice clinical education program to further 
develop the leadership skills of all prospective school 
leaders involved in the program. Such clinical education 
program shall do the following: 
‘‘(i) Incorporate year-long opportunities for enrich-
ment, including— 
‘‘(I) clinical learning in high-need schools 
served by the high-need local educational agency 
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122 STAT. 3144 
PUBLIC LAW 110–315—AUG. 14, 2008 
or a local educational agency located in a rural 
area in the eligible partnership and identified by 
the eligible partnership; and 
‘‘(II) closely supervised interaction between 
prospective school leaders and faculty, new and 
experienced teachers, and new and experienced 
school leaders, in such high-need schools. 
‘‘(ii) Integrate pedagogy and practice and promote 
effective leadership skills, meeting the unique needs 
of urban, rural, or geographically isolated communities, 
as applicable. 
‘‘(iii) Provide for mentoring of new school leaders. 
‘‘(E) Creating an induction program for new school 
leaders. 
‘‘(F) Developing and implementing effective mecha-
nisms to ensure that the eligible partnership is able to 
recruit qualified individuals to become school leaders 
through the activities of the eligible partnership, which 
may include an emphasis on recruiting into school leader-
ship professions— 
‘‘(i) individuals from underrepresented populations; 
‘‘(ii) individuals to serve as superintendents, prin-
cipals, or other school administrators in rural and geo-
graphically isolated communities and school leader 
shortage areas; and 
‘‘(iii) mid-career professionals from other occupa-
tions, former military personnel, and recent college 
graduates with a record of academic distinction. 
‘‘(2) SELECTION OF INDIVIDUALS FOR THE LEADERSHIP PRO-
GRAM.—In order to be eligible for the school leadership program 
under this subsection, an individual shall be enrolled in or 
preparing to enroll in an institution of higher education, and 
shall— 
‘‘(A) be a— 
‘‘(i) recent graduate of an institution of higher 
education; 
‘‘(ii) mid-career professional from outside the field 
of education with strong content knowledge or a record 
of professional accomplishment; 
‘‘(iii) current teacher who is interested in becoming 
a school leader; or 
‘‘(iv) school leader who is interested in becoming 
a superintendent; and 
‘‘(B) submit an application to the leadership program. 
‘‘(g) PARTNERSHIP WITH DIGITAL EDUCATION CONTENT DEVEL-
OPER.—An eligible partnership that receives a grant under this 
section may use grant funds provided to carry out the activities 
described in subsection (d) or (e), or both, to partner with a tele-
vision public broadcast station, as defined in section 397(6) of the 
Communications Act of 1934 (47 U.S.C. 397(6)), or another entity 
that develops digital educational content, for the purpose of 
improving the quality of pre-baccalaureate teacher preparation pro-
grams or to enhance the quality of preservice training for prospec-
tive teachers. 
‘‘(h) EVALUATION AND REPORTING.—The Secretary shall— 
‘‘(1) evaluate the programs assisted under this section; 
and 
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122 STAT. 3145 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) make publicly available a report detailing the Sec-
retary’s evaluation of each such program. 
‘‘(i) CONSULTATION.— 
‘‘(1) IN GENERAL.—Members of an eligible partnership that 
receives a grant under this section shall engage in regular 
consultation throughout the development and implementation 
of programs and activities carried out under this section. 
‘‘(2) REGULAR
COMMUNICATION.—To ensure timely and 
meaningful consultation as described in paragraph (1), regular 
communication shall occur among all members of the eligible 
partnership, including the high-need local educational agency. 
Such 
communication 
shall 
continue 
throughout 
the 
implementation of the grant and the assessment of programs 
and activities under this section. 
‘‘(3) WRITTEN
CONSENT.—The Secretary may approve 
changes in grant activities of a grant under this section only 
if the eligible partnership submits to the Secretary a written 
consent of such changes signed by all members of the eligible 
partnership. 
‘‘(j) CONSTRUCTION.—Nothing in this section shall be construed 
to prohibit an eligible partnership from using grant funds to coordi-
nate with the activities of eligible partnerships in other States 
or on a regional basis through Governors, State boards of education, 
State educational agencies, State agencies responsible for early 
childhood education, local educational agencies, or State agencies 
for higher education. 
‘‘(k) SUPPLEMENT, NOT
SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not supplant, 
other Federal, State, and local funds that would otherwise be 
expended to carry out activities under this section. 
‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. 
‘‘(a) DURATION; NUMBER OF AWARDS; PAYMENTS.— 
‘‘(1) DURATION.—A grant awarded under this part shall 
be awarded for a period of five years. 
‘‘(2) NUMBER OF AWARDS.—An eligible partnership may not 
receive more than one grant during a five-year period. Nothing 
in this title shall be construed to prohibit an individual member, 
that can demonstrate need, of an eligible partnership that 
receives a grant under this title from entering into another 
eligible partnership consisting of new members and receiving 
a grant with such other eligible partnership before the five- 
year period described in the preceding sentence applicable to 
the eligible partnership with which the individual member 
has first partnered has expired. 
‘‘(b) PEER REVIEW.— 
‘‘(1) PANEL.—The Secretary shall provide the applications 
submitted under this part to a peer review panel for evaluation. 
With respect to each application, the peer review panel shall 
initially recommend the application for funding or for dis-
approval. 
‘‘(2) PRIORITY.—The Secretary, in funding applications 
under this part, shall give priority— 
‘‘(A) to eligible partnerships that include an institution 
of higher education whose teacher preparation program 
has a rigorous selection process to ensure the highest 
quality of students entering such program; and 
20 USC 1022b. 
Public 
information. 
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122 STAT. 3146 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B)(i) to applications from broad-based eligible part-
nerships that involve businesses and community organiza-
tions; or 
‘‘(ii) to eligible partnerships so that the awards promote 
an equitable geographic distribution of grants among rural 
and urban areas. 
‘‘(3) SECRETARIAL SELECTION.—The Secretary shall deter-
mine, based on the peer review process, which applications 
shall receive funding and the amounts of the grants. In deter-
mining grant amounts, the Secretary shall take into account 
the total amount of funds available for all grants under this 
part and the types of activities proposed to be carried out 
by the eligible partnership. 
‘‘(c) MATCHING REQUIREMENTS.— 
‘‘(1) IN
GENERAL.—Each eligible partnership receiving a 
grant under this part shall provide, from non-Federal sources, 
an amount equal to 100 percent of the amount of the grant, 
which may be provided in cash or in-kind, to carry out the 
activities supported by the grant. 
‘‘(2) WAIVER.—The Secretary may waive all or part of the 
matching requirement described in paragraph (1) for any fiscal 
year for an eligible partnership if the Secretary determines 
that applying the matching requirement to the eligible partner-
ship would result in serious hardship or an inability to carry 
out the authorized activities described in this part. 
‘‘(d) LIMITATION
ON ADMINISTRATIVE EXPENSES.—An eligible 
partnership that receives a grant under this part may use not 
more than two percent of the funds provided to administer the 
grant. 
‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. 
‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.—Each eligible part-
nership submitting an application for a grant under this part shall 
establish, and include in such application, an evaluation plan that 
includes strong and measurable performance objectives. The plan 
shall include objectives and measures for increasing— 
‘‘(1) achievement for all prospective and new teachers, as 
measured by the eligible partnership; 
‘‘(2) teacher retention in the first three years of a teacher’s 
career; 
‘‘(3) improvement in the pass rates and scaled scores for 
initial State certification or licensure of teachers; and 
‘‘(4)(A) the percentage of highly qualified teachers hired 
by the high-need local educational agency participating in the 
eligible partnership; 
‘‘(B) the percentage of highly qualified teachers hired by 
the high-need local educational agency who are members of 
underrepresented groups; 
‘‘(C) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach high-need 
academic subject areas (such as reading, mathematics, science, 
and foreign language, including less commonly taught lan-
guages and critical foreign languages); 
‘‘(D) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach in high-need 
Grants. 
20 USC 1022c. 
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122 STAT. 3147 
PUBLIC LAW 110–315—AUG. 14, 2008 
areas (including special education, language instruction edu-
cational programs for limited English proficient students, and 
early childhood education); 
‘‘(E) the percentage of highly qualified teachers hired by 
the high-need local educational agency who teach in high-need 
schools, disaggregated by the elementary school and secondary 
school levels; 
‘‘(F) as applicable, the percentage of early childhood edu-
cation program classes in the geographic area served by the 
eligible partnership taught by early childhood educators who 
are highly competent; and 
‘‘(G) as applicable, the percentage of teachers trained— 
‘‘(i) to integrate technology effectively into curricula 
and instruction, including technology consistent with the 
principles of universal design for learning; and 
‘‘(ii) to use technology effectively to collect, manage, 
and analyze data to improve teaching and learning for 
the purpose of improving student academic achievement. 
‘‘(b) INFORMATION.—An eligible partnership receiving a grant 
under this part shall ensure that teachers, principals, school super-
intendents, faculty, and leadership at institutions of higher edu-
cation located in the geographic areas served by the eligible partner-
ship are provided information, including through electronic means, 
about the activities carried out with funds under this part. 
‘‘(c) REVISED APPLICATION.—If the Secretary determines that 
an eligible partnership receiving a grant under this part is not 
making substantial progress in meeting the purposes, goals, objec-
tives, and measures of the grant, as appropriate, by the end of 
the third year of a grant under this part, then the Secretary— 
‘‘(1) shall cancel the grant; and 
‘‘(2) may use any funds returned or available because of 
such cancellation under paragraph (1) to— 
‘‘(A) increase other grant awards under this part; or 
‘‘(B) award new grants to other eligible partnerships 
under this part. 
‘‘(d) EVALUATION
AND DISSEMINATION.—The Secretary shall 
evaluate the activities funded under this part and report the 
findings regarding the evaluation of such activities to the author-
izing committees. The Secretary shall broadly disseminate— 
‘‘(1) successful practices developed by eligible partnerships 
under this part; and 
‘‘(2) information regarding such practices that were found 
to be ineffective. 
‘‘SEC. 
205. 
ACCOUNTABILITY 
FOR 
PROGRAMS 
THAT 
PREPARE 
TEACHERS. 
‘‘(a) INSTITUTIONAL
AND PROGRAM REPORT CARDS
ON
THE 
QUALITY OF TEACHER PREPARATION.— 
‘‘(1) REPORT CARD.—Each institution of higher education 
that conducts a traditional teacher preparation program or 
alternative routes to State certification or licensure program 
and that enrolls students receiving Federal assistance under 
this Act shall report annually to the State and the general 
public, in a uniform and comprehensible manner that conforms 
with the definitions and methods established by the Secretary, 
the following: 
‘‘(A) GOALS AND ASSURANCES.— 
20 USC 1022d. 
Reports. 
Deadline. 
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122 STAT. 3148 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) For the most recent year for which the informa-
tion is available for the institution— 
‘‘(I) whether the goals set under section 206 
have been met; and 
‘‘(II) a description of the activities the institu-
tion implemented to achieve such goals. 
‘‘(ii) A description of the steps the institution is 
taking to improve its performance in meeting the 
annual goals set under section 206. 
‘‘(iii) A description of the activities the institution 
has implemented to meet the assurances provided 
under section 206. 
‘‘(B) PASS RATES AND SCALED SCORES.—For the most 
recent year for which the information is available for those 
students who took the assessments used for teacher certifi-
cation or licensure by the State in which the program 
is located and are enrolled in the traditional teacher 
preparation program or alternative routes to State certifi-
cation or licensure program, and for those who have taken 
such assessments and have completed the traditional 
teacher preparation program or alternative routes to State 
certification or licensure program during the two-year 
period preceding such year, for each of such assessments— 
‘‘(i) the percentage of students who have completed 
100 percent of the nonclinical coursework and taken 
the assessment who pass such assessment; 
‘‘(ii) the percentage of all students who passed 
such assessment; 
‘‘(iii) the percentage of students who have taken 
such assessment who enrolled in and completed the 
traditional teacher preparation program or alternative 
routes to State certification or licensure program, as 
applicable; 
‘‘(iv) the average scaled score for all students who 
took such assessment; 
‘‘(v) a comparison of the program’s pass rates with 
the average pass rates for programs in the State; and 
‘‘(vi) a comparison of the program’s average scaled 
scores with the average scaled scores for programs 
in the State. 
‘‘(C) PROGRAM INFORMATION.—A description of— 
‘‘(i) the criteria for admission into the program; 
‘‘(ii) the number of students in the program 
(disaggregated by race, ethnicity, and gender); 
‘‘(iii) the average number of hours of supervised 
clinical experience required for those in the program; 
‘‘(iv) the number of full-time equivalent faculty 
and students in the supervised clinical experience; and 
‘‘(v) the total number of students who have been 
certified or licensed as teachers, disaggregated by sub-
ject and area of certification or licensure. 
‘‘(D) STATEMENT.—In States that require approval or 
accreditation of teacher preparation programs, a statement 
of whether the institution’s program is so approved or 
accredited, and by whom. 
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122 STAT. 3149 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(E) DESIGNATION AS LOW-PERFORMING.—Whether the 
program has been designated as low-performing by the 
State under section 207(a). 
‘‘(F) USE OF TECHNOLOGY.—A description of the activi-
ties, including activities consistent with the principles of 
universal design for learning, that prepare teachers to 
integrate technology effectively into curricula and instruc-
tion, and to use technology effectively to collect, manage, 
and analyze data in order to improve teaching and learning 
for the purpose of increasing student academic achieve-
ment. 
‘‘(G) TEACHER TRAINING.—A description of the activities 
that prepare general education and special education 
teachers to teach students with disabilities effectively, 
including training related to participation as a member 
of individualized education program teams, as defined in 
section 614(d)(1)(B) of the Individuals with Disabilities 
Education Act, and to effectively teach students who are 
limited English proficient. 
‘‘(2) REPORT.—Each eligible partnership receiving a grant 
under section 202 shall report annually on the progress of 
the eligible partnership toward meeting the purposes of this 
part and the objectives and measures described in section 
204(a). 
‘‘(3) FINES.—The Secretary may impose a fine not to exceed 
$27,500 on an institution of higher education for failure to 
provide the information described in this subsection in a timely 
or accurate manner. 
‘‘(4) SPECIAL RULE.—In the case of an institution of higher 
education that conducts a traditional teacher preparation pro-
gram or alternative routes to State certification or licensure 
program and has fewer than 10 scores reported on any single 
initial teacher certification or licensure assessment during an 
academic year, the institution shall collect and publish informa-
tion, as required under paragraph (1)(B), with respect to an 
average pass rate and scaled score on each State certification 
or licensure assessment taken over a three-year period. 
‘‘(b) STATE
REPORT
CARD
ON
THE
QUALITY
OF
TEACHER 
PREPARATION.— 
‘‘(1) IN GENERAL.—Each State that receives funds under 
this Act shall provide to the Secretary, and make widely avail-
able to the general public, in a uniform and comprehensible 
manner that conforms with the definitions and methods estab-
lished by the Secretary, an annual State report card on the 
quality of teacher preparation in the State, both for traditional 
teacher preparation programs and for alternative routes to 
State certification or licensure programs, which shall include 
not less than the following: 
‘‘(A) A description of the reliability and validity of 
the teacher certification and licensure assessments, and 
any other certification and licensure requirements, used 
by the State. 
‘‘(B) The standards and criteria that prospective 
teachers must meet to attain initial teacher certification 
or licensure and to be certified or licensed to teach par-
ticular academic subjects, areas, or grades within the State. 
Public 
information. 
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122 STAT. 3150 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) A description of how the assessments and require-
ments described in subparagraph (A) are aligned with the 
State’s challenging academic content standards required 
under section 1111(b)(1) of the Elementary and Secondary 
Education Act of 1965 and, as applicable, State early 
learning standards for early childhood education programs. 
‘‘(D) For each of the assessments used by the State 
for teacher certification or licensure— 
‘‘(i) for each institution of higher education located 
in the State and each entity located in the State, 
including those that offer an alternative route for 
teacher certification or licensure, the percentage of stu-
dents at such institution or entity who have completed 
100 percent of the nonclinical coursework and taken 
the assessment who pass such assessment; 
‘‘(ii) the percentage of all such students at all 
such institutions and entities who have taken the 
assessment who pass such assessment; 
‘‘(iii) the percentage of students who have taken 
the assessment who enrolled in and completed a 
teacher preparation program; and 
‘‘(iv) the average scaled score of individuals partici-
pating in such a program, or who have completed 
such a program during the two-year period preceding 
the first year for which the annual State report card 
is provided, who took each such assessment. 
‘‘(E) A description of alternative routes to teacher cer-
tification or licensure in the State (including any such 
routes operated by entities that are not institutions of 
higher education), if any, including, for each of the assess-
ments used by the State for teacher certification or licen-
sure— 
‘‘(i) the percentage of individuals participating in 
such routes, or who have completed such routes during 
the two-year period preceding the date for which the 
determination is made, who passed each such assess-
ment; and 
‘‘(ii) the average scaled score of individuals partici-
pating in such routes, or who have completed such 
routes during the two-year period preceding the first 
year for which the annual State report card is provided, 
who took each such assessment. 
‘‘(F) A description of the State’s criteria for assessing 
the performance of teacher preparation programs within 
institutions of higher education in the State. Such criteria 
shall include indicators of the academic content knowledge 
and teaching skills of students enrolled in such programs. 
‘‘(G) For each teacher preparation program in the 
State— 
‘‘(i) the criteria for admission into the program; 
‘‘(ii) the number of students in the program, 
disaggregated by race, ethnicity, and gender (except 
that such disaggregation shall not be required in a 
case in which the number of students in a category 
is insufficient to yield statistically reliable information 
or the results would reveal personally identifiable 
information about an individual student); 
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122 STAT. 3151 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iii) the average number of hours of supervised 
clinical experience required for those in the program; 
and 
‘‘(iv) the number of full-time equivalent faculty, 
adjunct faculty, and students in supervised clinical 
experience. 
‘‘(H) For the State as a whole, and for each teacher 
preparation program in the State, the number of teachers 
prepared, in the aggregate and reported separately by— 
‘‘(i) area of certification or licensure; 
‘‘(ii) academic major; and 
‘‘(iii) subject area for which the teacher has been 
prepared to teach. 
‘‘(I) A description of the extent to which teacher 
preparation programs are addressing shortages of highly 
qualified teachers, by area of certification or licensure, 
subject, and specialty, in the State’s public schools. 
‘‘(J) The extent to which teacher preparation programs 
prepare teachers, including general education and special 
education teachers, to teach students with disabilities effec-
tively, including training related to participation as a 
member of individualized education program teams, as 
defined in section 614(d)(1)(B) of the Individuals with 
Disabilities Education Act. 
‘‘(K) A description of the activities that prepare 
teachers to— 
‘‘(i) integrate technology effectively into curricula 
and instruction, including activities consistent with the 
principles of universal design for learning; and 
‘‘(ii) use technology effectively to collect, manage, 
and analyze data to improve teaching and learning 
for the purpose of increasing student academic achieve-
ment. 
‘‘(L) The extent to which teacher preparation programs 
prepare teachers, including general education and special 
education teachers, to effectively teach students who are 
limited English proficient. 
‘‘(2) PROHIBITION
AGAINST
CREATING
A
NATIONAL
LIST.— 
The Secretary shall not create a national list or ranking of 
States, institutions, or schools using the scaled scores provided 
under this subsection. 
‘‘(c) DATA QUALITY.—The Secretary shall prescribe regulations 
to ensure the reliability, validity, integrity, and accuracy of the 
data submitted pursuant to this section. 
‘‘(d) REPORT OF THE SECRETARY ON THE QUALITY OF TEACHER 
PREPARATION.— 
‘‘(1) REPORT CARD.—The Secretary shall annually provide 
to the authorizing committees, and publish and make widely 
available, a report card on teacher qualifications and prepara-
tion in the United States, including all the information reported 
in subparagraphs (A) through (L) of subsection (b)(1). Such 
report shall identify States for which eligible partnerships 
received a grant under this part. 
‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare 
and submit a report to the authorizing committees that contains 
the following: 
Publication. 
Regulations. 
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122 STAT. 3152 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) A comparison of States’ efforts to improve the 
quality of the current and future teaching force. 
‘‘(B) A comparison of eligible partnerships’ efforts to 
improve the quality of the current and future teaching 
force. 
‘‘(C) The national mean and median scaled scores and 
pass rate on any standardized test that is used in more 
than one State for teacher certification or licensure. 
‘‘(3) SPECIAL RULE.—In the case of a teacher preparation 
program with fewer than ten scores reported on any single 
initial teacher certification or licensure assessment during an 
academic year, the Secretary shall collect and publish, and 
make publicly available, information with respect to an average 
pass rate and scaled score on each State certification or licen-
sure assessment taken over a three-year period. 
‘‘(e) COORDINATION.—The Secretary, to the extent practicable, 
shall coordinate the information collected and published under this 
part among States for individuals who took State teacher certifi-
cation or licensure assessments in a State other than the State 
in which the individual received the individual’s most recent degree. 
‘‘SEC. 206. TEACHER DEVELOPMENT. 
‘‘(a) ANNUAL GOALS.—Each institution of higher education that 
conducts a traditional teacher preparation program (including pro-
grams that offer any ongoing professional development programs) 
or alternative routes to State certification or licensure program, 
and that enrolls students receiving Federal assistance under this 
Act, shall set annual quantifiable goals for increasing the number 
of prospective teachers trained in teacher shortage areas designated 
by the Secretary or by the State educational agency, including 
mathematics, science, special education, and instruction of limited 
English proficient students. 
‘‘(b) ASSURANCES.—Each institution described in subsection (a) 
shall provide assurances to the Secretary that— 
‘‘(1) training provided to prospective teachers responds to 
the identified needs of the local educational agencies or States 
where the institution’s graduates are likely to teach, based 
on past hiring and recruitment trends; 
‘‘(2) training provided to prospective teachers is closely 
linked with the needs of schools and the instructional decisions 
new teachers face in the classroom; 
‘‘(3) prospective special education teachers receive course 
work in core academic subjects and receive training in providing 
instruction in core academic subjects; 
‘‘(4) general education teachers receive training in providing 
instruction to diverse populations, including children with 
disabilities, limited English proficient students, and children 
from low-income families; and 
‘‘(5) prospective teachers receive training on how to effec-
tively teach in urban and rural schools, as applicable. 
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall 
be construed to require an institution to create a new teacher 
preparation area of concentration or degree program or adopt a 
specific curriculum in complying with this section. 
‘‘SEC. 207. STATE FUNCTIONS. 
‘‘(a) STATE ASSESSMENT.—In order to receive funds under this 
Act, a State shall conduct an assessment to identify low-performing 
20 USC 1022f. 
20 USC 1022e. 
Publication. 
Public 
information. 
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122 STAT. 3153 
PUBLIC LAW 110–315—AUG. 14, 2008 
teacher preparation programs in the State and to assist such pro-
grams through the provision of technical assistance. Each such 
State shall provide the Secretary with an annual list of low-per-
forming teacher preparation programs and an identification of those 
programs at risk of being placed on such list, as applicable. Such 
assessment shall be described in the report under section 205(b). 
Levels of performance shall be determined solely by the State 
and may include criteria based on information collected pursuant 
to this part, including progress in meeting the goals of— 
‘‘(1) increasing the percentage of highly qualified teachers 
in the State, including increasing professional development 
opportunities; 
‘‘(2) 
improving 
student 
academic 
achievement 
for 
elementary and secondary students; and 
‘‘(3) raising the standards for entry into the teaching profes-
sion. 
‘‘(b) TERMINATION
OF ELIGIBILITY.—Any teacher preparation 
program from which the State has withdrawn the State’s approval, 
or terminated the State’s financial support, due to the low perform-
ance of the program based upon the State assessment described 
in subsection (a)— 
‘‘(1) shall be ineligible for any funding for professional 
development activities awarded by the Department; 
‘‘(2) may not be permitted to accept or enroll any student 
who receives aid under title IV in the institution’s teacher 
preparation program; 
‘‘(3) shall provide transitional support, including remedial 
services if necessary, for students enrolled at the institution 
at the time of termination of financial support or withdrawal 
of approval; and 
‘‘(4) shall be reinstated upon demonstration of improved 
performance, as determined by the State. 
‘‘(c) NEGOTIATED RULEMAKING.—If the Secretary develops any 
regulations implementing subsection (b)(2), the Secretary shall 
submit such proposed regulations to a negotiated rulemaking 
process, which shall include representatives of States, institutions 
of higher education, and educational and student organizations. 
‘‘(d) APPLICATION OF THE REQUIREMENTS.—The requirements 
of this section shall apply to both traditional teacher preparation 
programs and alternative routes to State certification and licensure 
programs. 
‘‘SEC. 208. GENERAL PROVISIONS. 
‘‘(a) METHODS.—In complying with sections 205 and 206, the 
Secretary shall ensure that States and institutions of higher edu-
cation use fair and equitable methods in reporting and that the 
reporting methods do not reveal personally identifiable information. 
‘‘(b) SPECIAL RULE.—For each State that does not use content 
assessments as a means of ensuring that all teachers teaching 
in core academic subjects within the State are highly qualified, 
as required under section 1119 of the Elementary and Secondary 
Education Act of 1965, in accordance with the State plan submitted 
or revised under section 1111 of such Act, and that each person 
employed as a special education teacher in the State who teaches 
elementary school or secondary school is highly qualified by the 
deadline, as required under section 612(a)(14)(C) of the Individuals 
with Disabilities Education Act, the Secretary shall— 
20 USC 1022g. 
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122 STAT. 3154 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) to the extent practicable, collect data comparable to 
the data required under this part from States, local educational 
agencies, institutions of higher education, or other entities that 
administer such assessments to teachers or prospective 
teachers; and 
‘‘(2) notwithstanding any other provision of this part, use 
such data to carry out requirements of this part related to 
assessments, pass rates, and scaled scores. 
‘‘(c) RELEASE OF INFORMATION TO TEACHER PREPARATION PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—For the purpose of improving teacher 
preparation programs, a State that receives funds under this 
Act, or that participates as a member of a partnership, consor-
tium, or other entity that receives such funds, shall provide 
to a teacher preparation program, upon the request of the 
teacher preparation program, any and all pertinent education- 
related information that— 
‘‘(A) may enable the teacher preparation program to 
evaluate the effectiveness of the program’s graduates or 
the program itself; and 
‘‘(B) is possessed, controlled, or accessible by the State. 
‘‘(2) CONTENT OF INFORMATION.—The information described 
in paragraph (1)— 
‘‘(A) shall include an identification of specific individ-
uals who graduated from the teacher preparation program 
to enable the teacher preparation program to evaluate the 
information provided to the program from the State with 
the program’s own data about the specific courses taken 
by, and field experiences of, the individual graduates; and 
‘‘(B) may include— 
‘‘(i) kindergarten through grade 12 academic 
achievement and demographic data, without revealing 
personally identifiable information about an individual 
student, for students who have been taught by grad-
uates of the teacher preparation program; and 
‘‘(ii) teacher effectiveness evaluations for teachers 
who graduated from the teacher preparation program. 
‘‘SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2009 and such sums as may 
be necessary for each of the two succeeding fiscal years.’’; and 
(3) by striking part B and inserting the following: 
‘‘PART B—ENHANCING TEACHER EDUCATION 
‘‘SEC. 230. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘Subpart 1—Preparing Teachers for Digital Age 
Learners 
‘‘SEC. 231. PROGRAM AUTHORIZED. 
‘‘(a) PROGRAM AUTHORITY.—The Secretary is authorized to 
award grants to, or enter into contracts or cooperative agreements 
20 USC 1032. 
20 USC 1031. 
20 USC 1041 
et seq. 
20 USC 1022h. 
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122 STAT. 3155 
PUBLIC LAW 110–315—AUG. 14, 2008 
with, eligible consortia to pay the Federal share of the costs of 
projects to— 
‘‘(1) serve graduate teacher candidates who are prepared 
to use modern information, communication, and learning tools 
to— 
‘‘(A) improve student learning, assessment, and 
learning management; and 
‘‘(B) help students develop learning skills to succeed 
in higher education and to enter the workforce; 
‘‘(2) strengthen and develop partnerships among the stake-
holders in teacher preparation to transform teacher education 
and ensure technology-rich teaching and learning environments 
throughout 
a 
teacher 
candidate’s 
preservice 
education, 
including clinical experiences; and 
‘‘(3) assess the effectiveness of departments, schools, and 
colleges of education at institutions of higher education in pre-
paring teacher candidates for successful implementation of tech-
nology-rich teaching and learning environments, including 
environments consistent with the principles of universal design 
for learning, that enable kindergarten through grade 12 stu-
dents to develop learning skills to succeed in higher education 
and to enter the workforce. 
‘‘(b) AMOUNT AND DURATION.—A grant, contract, or cooperative 
agreement under this subpart— 
‘‘(1) shall be for not more than $2,000,000; 
‘‘(2) shall be for a three-year period; and 
‘‘(3) may be renewed for one additional year. 
‘‘(c) NON-FEDERAL SHARE REQUIREMENT.—The Federal share 
of the cost of any project funded under this subpart shall not 
exceed 75 percent. The non-Federal share of the cost of such project 
may be provided in cash or in kind, fairly evaluated, including 
services. 
‘‘(d) DEFINITION OF ELIGIBLE CONSORTIUM.—In this subpart, 
the term ‘eligible consortium’ means a consortium of members that 
includes the following: 
‘‘(1) Not less than one institution of higher education that 
awards baccalaureate or masters degrees and prepares teachers 
for initial entry into teaching. 
‘‘(2) Not less than one State educational agency or local 
educational agency. 
‘‘(3) A department, school, or college of education at an 
institution of higher education. 
‘‘(4) A department, school, or college of arts and sciences 
at an institution of higher education. 
‘‘(5) Not less than one entity with the capacity to contribute 
to the technology-related reform of teacher preparation pro-
grams, which may be a professional association, foundation, 
museum, library, for-profit business, public or private nonprofit 
organization, community-based organization, or other entity. 
‘‘SEC. 232. USES OF FUNDS. 
‘‘(a) IN GENERAL.—An eligible consortium that receives a grant 
or enters into a contract or cooperative agreement under this sub-
part shall use funds made available under this subpart to carry 
out a project that— 
‘‘(1) develops long-term partnerships among members of 
the consortium that are focused on effective teaching with 
20 USC 1032a. 
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122 STAT. 3156 
PUBLIC LAW 110–315—AUG. 14, 2008 
modern digital tools and content that substantially connect 
preservice preparation of teacher candidates with high-need 
schools; or 
‘‘(2) transforms the way departments, schools, and colleges 
of education teach classroom technology integration, including 
the principles of universal design, to teacher candidates. 
‘‘(b) USES OF FUNDS FOR PARTNERSHIP GRANTS.—In carrying 
out a project under subsection (a)(1), an eligible consortium shall— 
‘‘(1) provide teacher candidates, early in their preparation, 
with field experiences with technology in educational settings; 
‘‘(2) build the skills of teacher candidates to support tech-
nology-rich instruction, assessment and learning management 
in content areas, technology literacy, an understanding of the 
principles of universal design, and the development of other 
skills for entering the workforce; 
‘‘(3) provide professional development in the use of tech-
nology for teachers, administrators, and content specialists who 
participate in field placement; 
‘‘(4) provide professional development of technology peda-
gogical skills for faculty of departments, schools, and colleges 
of education and arts and sciences; 
‘‘(5) implement strategies for the mentoring of teacher can-
didates by members of the consortium with respect to tech-
nology implementation; 
‘‘(6) evaluate teacher candidates during the first years of 
teaching to fully assess outcomes of the project; 
‘‘(7) build collaborative learning communities for technology 
integration within the consortium to sustain meaningful 
applications of technology in the classroom during teacher 
preparation and early career practice; and 
‘‘(8) evaluate the effectiveness of the project. 
‘‘(c) USES OF FUNDS FOR TRANSFORMATION GRANTS.—In car-
rying out a project under subsection (a)(2), an eligible consortium 
shall— 
‘‘(1) redesign curriculum to require collaboration between 
the department, school, or college of education faculty and 
the department, school, or college of arts and sciences faculty 
who teach content or methods courses for training teacher 
candidates; 
‘‘(2) collaborate between the department, school, or college 
of education faculty and the department, school, or college 
of arts and science faculty and academic content specialists 
at the local educational agency to educate preservice teachers 
who can integrate technology and pedagogical skills in content 
areas; 
‘‘(3) collaborate between the department, school, or college 
of education faculty and the department, school, or college 
of arts and sciences faculty who teach courses to preservice 
teachers to— 
‘‘(A) develop and implement a plan for preservice 
teachers and continuing educators that demonstrates effec-
tive instructional strategies and application of such strate-
gies in the use of digital tools to transform the teaching 
and learning process; and 
‘‘(B) better reach underrepresented preservice teacher 
populations with programs that connect such preservice 
teacher populations with applications of technology; 
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122 STAT. 3157 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) collaborate among faculty and students to create and 
disseminate case studies of technology applications in classroom 
settings with a goal of improving student academic achievement 
in high-need schools; 
‘‘(5) provide additional technology resources for preservice 
teachers to plan and implement technology applications in 
classroom settings that provide evidence of student learning; 
and 
‘‘(6) bring together expertise from departments, schools, 
or colleges of education, arts and science faculty, and academic 
content specialists at the local educational agency to share 
and disseminate technology applications in the classroom 
through teacher preparation and into early career practice. 
‘‘SEC. 233. APPLICATION REQUIREMENTS. 
‘‘To be eligible to receive a grant or enter into a contract 
or cooperative agreement under this subpart, an eligible consortium 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require. Such application shall include the following: 
‘‘(1) A description of the project to be carried out with 
the grant, including how the project will— 
‘‘(A) develop a long-term partnership focused on effec-
tive teaching with modern digital tools and content that 
substantially connects preservice preparation of teacher 
candidates with high-need schools; or 
‘‘(B) transform the way departments, schools, and col-
leges of education teach classroom technology integration, 
including the principles of universal design, to teacher 
candidates. 
‘‘(2) A demonstration of— 
‘‘(A) the commitment, including the financial commit-
ment, of each of the members of the consortium for the 
proposed project; and 
‘‘(B) the support of the leadership of each organization 
that is a member of the consortium for the proposed project. 
‘‘(3) A description of how each member of the consortium 
will participate in the project. 
‘‘(4) A description of how the State educational agency 
or local educational agency will incorporate the project into 
the agency’s technology plan, if such a plan already exists. 
‘‘(5) A description of how the project will be continued 
after Federal funds are no longer available under this subpart 
for the project. 
‘‘(6) A description of how the project will incorporate— 
‘‘(A) State teacher technology standards; and 
‘‘(B) State student technology standards. 
‘‘(7) A plan for the evaluation of the project, which shall 
include benchmarks to monitor progress toward specific project 
objectives. 
‘‘SEC. 234. EVALUATION. 
‘‘Not less than ten percent of the funds awarded to an eligible 
consortium to carry out a project under this subpart shall be used 
to evaluate the effectiveness of such project. 
20 USC 1032c. 
20 USC 1032b. 
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122 STAT. 3158 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘Subpart 2—Honorable Augustus F. Hawkins 
Centers of Excellence 
‘‘SEC. 241. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means— 
‘‘(A) an institution of higher education that has a 
teacher preparation program that is a qualified teacher 
preparation program and that is— 
‘‘(i) a part B institution (as defined in section 322); 
‘‘(ii) a Hispanic-serving institution (as defined in 
section 502); 
‘‘(iii) a Tribal College or University (as defined 
in section 316); 
‘‘(iv) an Alaska Native-serving institution (as 
defined in section 317(b)); 
‘‘(v) a Native Hawaiian-serving institution (as 
defined in section 317(b)); 
‘‘(vi) a Predominantly Black Institution (as defined 
in section 318); 
‘‘(vii) an Asian American and Native American 
Pacific Islander-serving institution (as defined in sec-
tion 320(b)); or 
‘‘(viii) 
a 
Native 
American-serving, 
nontribal 
institution (as defined in section 319); 
‘‘(B) a consortium of institutions described in subpara-
graph (A); or 
‘‘(C) an institution described in subparagraph (A), or 
a consortium described in subparagraph (B), in partnership 
with any other institution of higher education, but only 
if the center of excellence established under section 242 
is located at an institution described in subparagraph (A). 
‘‘(2) SCIENTIFICALLY BASED READING RESEARCH.—The term 
‘scientifically based reading research’ has the meaning given 
such term in section 1208 of the Elementary and Secondary 
Education Act of 1965. 
‘‘SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 
to carry out this part, the Secretary is authorized to award competi-
tive grants to eligible institutions to establish centers of excellence. 
‘‘(b) USE OF FUNDS.—Grants provided by the Secretary under 
this subpart shall be used to ensure that current and future teachers 
are highly qualified by carrying out one or more of the following 
activities: 
‘‘(1) Implementing reforms within teacher preparation pro-
grams to ensure that such programs are preparing teachers 
who are highly qualified, are able to understand scientifically 
valid research, and are able to use advanced technology effec-
tively in the classroom, including use of instructional techniques 
to improve student academic achievement, by— 
‘‘(A) retraining or recruiting faculty; and 
‘‘(B) designing (or redesigning) teacher preparation pro-
grams that— 
‘‘(i) prepare teachers to serve in low-performing 
schools and close student achievement gaps, and that 
20 USC 1033a. 
20 USC 1033. 
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122 STAT. 3159 
PUBLIC LAW 110–315—AUG. 14, 2008 
are based on rigorous academic content, scientifically 
valid research (including scientifically based reading 
research and mathematics research, as it becomes 
available), and challenging State academic content 
standards and student academic achievement stand-
ards; and 
‘‘(ii) promote strong teaching skills. 
‘‘(2) Providing sustained and high-quality preservice clinical 
experience, including the mentoring of prospective teachers by 
exemplary 
teachers, 
substantially 
increasing 
interaction 
between faculty at institutions of higher education and new 
and experienced teachers, principals, and other administrators 
at elementary schools or secondary schools, and providing sup-
port, including preparation time, for such interaction. 
‘‘(3) Developing and implementing initiatives to promote 
retention of highly qualified teachers and principals, including 
minority teachers and principals, including programs that pro-
vide— 
‘‘(A) teacher or principal mentoring from exemplary 
teachers or principals, respectively; or 
‘‘(B) induction and support for teachers and principals 
during their first three years of employment as teachers 
or principals, respectively. 
‘‘(4) Awarding scholarships based on financial need to help 
students pay the costs of tuition, room, board, and other 
expenses of completing a teacher preparation program, not 
to exceed the cost of attendance. 
‘‘(5) Disseminating information on effective practices for 
teacher preparation and successful teacher certification and 
licensure assessment preparation strategies. 
‘‘(6) Activities authorized under section 202. 
‘‘(c) APPLICATION.—Any eligible institution desiring a grant 
under this subpart shall submit an application to the Secretary 
at such a time, in such a manner, and accompanied by such informa-
tion as the Secretary may require. 
‘‘(d) MINIMUM GRANT AMOUNT.—The minimum amount of each 
grant under this subpart shall be $500,000. 
‘‘(e) LIMITATION
ON ADMINISTRATIVE EXPENSES.—An eligible 
institution that receives a grant under this subpart may use not 
more than two percent of the funds provided to administer the 
grant. 
‘‘(f) REGULATIONS.—The Secretary shall prescribe such regula-
tions as may be necessary to carry out this subpart. 
‘‘Subpart 3—Preparing General Education Teach-
ers to More Effectively Educate Students With 
Disabilities 
‘‘SEC. 251. TEACH TO REACH GRANTS. 
‘‘(a) AUTHORIZATION OF PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary is authorized to award 
grants, on a competitive basis, to eligible partnerships to 
improve the preparation of general education teacher can-
didates to ensure that such teacher candidates possess the 
knowledge and skills necessary to effectively instruct students 
with disabilities in general education classrooms. 
20 USC 1034. 
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122 STAT. 3160 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) DURATION
OF
GRANTS.—A grant under this section 
shall be awarded for a period of not more than five years. 
‘‘(3) NON-FEDERAL
SHARE.—An eligible partnership that 
receives a grant under this section shall provide not less than 
25 percent of the cost of the activities carried out with such 
grant from non-Federal sources, which may be provided in 
cash or in kind. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 
the term ‘eligible partnership’ means a partnership that— 
‘‘(1) shall include— 
‘‘(A) one or more departments or programs at an 
institution of higher education— 
‘‘(i) that prepare elementary or secondary general 
education teachers; 
‘‘(ii) that have a program of study that leads to 
an undergraduate degree, a master’s degree, or comple-
tion of a postbaccalaureate program required for 
teacher certification; and 
‘‘(iii) the graduates of which are highly qualified; 
‘‘(B) a department or program of special education at 
an institution of higher education; 
‘‘(C) a department or program at an institution of 
higher education that provides degrees in core academic 
subjects; and 
‘‘(D) a high-need local educational agency; and 
‘‘(2) may include a department or program of mathematics, 
earth or physical science, foreign language, or another depart-
ment at the institution that has a role in preparing teachers. 
‘‘(c) ACTIVITIES.—An eligible partnership that receives a grant 
under this section— 
‘‘(1) shall use the grant funds to— 
‘‘(A) 
develop 
or 
strengthen 
an 
undergraduate, 
postbaccalaureate, or master’s teacher preparation program 
by integrating special education strategies into the general 
education curriculum and academic content; 
‘‘(B) provide teacher candidates participating in the 
program under subparagraph (A) with skills related to— 
‘‘(i) response to intervention, positive behavioral 
interventions and supports, differentiated instruction, 
and data driven instruction; 
‘‘(ii) universal design for learning; 
‘‘(iii) determining and utilizing accommodations for 
instruction and assessments; 
‘‘(iv) collaborating with special educators, related 
services providers, and parents, including participation 
in individualized education program development and 
implementation; and 
‘‘(v) 
appropriately 
utilizing 
technology 
and 
assistive technology for students with disabilities; and 
‘‘(C) provide extensive clinical experience for partici-
pants described in subparagraph (B) with mentoring and 
induction support throughout the program that continues 
during the first two years of full-time teaching; and 
‘‘(2) may use grant funds to develop and administer alter-
nate assessments of students with disabilities. 
‘‘(d) APPLICATION.—An eligible partnership seeking a grant 
under this section shall submit an application to the Secretary 
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122 STAT. 3161 
PUBLIC LAW 110–315—AUG. 14, 2008 
at such time, in such manner, and containing such information 
as the Secretary may require. Such application shall include— 
‘‘(1) a self-assessment by the eligible partnership of the 
existing teacher preparation program at the institution of 
higher education and needs related to preparing general edu-
cation teacher candidates to instruct students with disabilities; 
and 
‘‘(2) an assessment of the existing personnel needs for 
general education teachers who instruct students with disabil-
ities, performed by the local educational agency in which most 
graduates of the teacher preparation program are likely to 
teach after completion of the program under subsection (c)(1). 
‘‘(e) PEER REVIEW.—The Secretary shall convene a peer review 
committee to review applications for grants under this section and 
to make recommendations to the Secretary regarding the selection 
of grantees. Members of the peer review committee shall be recog-
nized experts in the fields of special education, teacher preparation, 
and general education and shall not be in a position to benefit 
financially from any grants awarded under this section. 
‘‘(f) EVALUATIONS.— 
‘‘(1) BY THE PARTNERSHIP.— 
‘‘(A) IN
GENERAL.—An eligible partnership receiving 
a grant under this section shall conduct an evaluation 
at the end of the grant period to determine— 
‘‘(i) the effectiveness of the general education 
teachers who completed a program under subsection 
(c)(1) with respect to instruction of students with 
disabilities in general education classrooms; and 
‘‘(ii) the systemic impact of the activities carried 
out by such grant on how each institution of higher 
education that is a member of the partnership prepares 
teachers for instruction in elementary schools and sec-
ondary schools. 
‘‘(B) REPORT TO THE SECRETARY.—Each eligible part-
nership performing an evaluation under subparagraph (A) 
shall report the findings of such evaluation to the Secretary. 
‘‘(2) REPORT BY THE SECRETARY.—Not later than 180 days 
after the last day of the grant period under this section, the 
Secretary shall make available to Congress and the public 
the findings of the evaluations submitted under paragraph 
(1), and information on best practices related to effective 
instruction of students with disabilities in general education 
classrooms. 
‘‘Subpart 4—Adjunct Teacher Corps 
‘‘SEC. 255. ADJUNCT TEACHER CORPS. 
‘‘(a) PURPOSE.—The purpose of this section is to create 
opportunities for professionals and other individuals with subject 
matter expertise in mathematics, science, or critical foreign lan-
guages to provide such subject matter expertise to secondary school 
students on an adjunct basis. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary is authorized to 
award grants on a competitive basis to eligible entities to identify, 
recruit, and train qualified individuals with subject matter expertise 
in mathematics, science, or critical foreign languages to serve as 
adjunct content specialists. 
20 USC 1035. 
Public 
information. 
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122 STAT. 3162 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(c) DURATION OF GRANTS.—The Secretary may award grants 
under this section for a period of not more than five years. 
‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’ 
means— 
‘‘(1) a local educational agency; or 
‘‘(2) a partnership consisting of a local educational agency, 
serving as a fiscal agent, and a public or private educational 
organization or business. 
‘‘(e) USES OF FUNDS.—An eligible entity that receives a grant 
under this section is authorized to use such grant to carry out 
one or both of the following activities: 
‘‘(1) To develop the capacity of the eligible entity to identify, 
recruit, and train individuals with subject matter expertise 
in mathematics, science, or critical foreign languages who are 
not employed in the elementary and secondary education 
system (including individuals in business and government, and 
individuals who would participate through distance-learning 
arrangements) to become adjunct content specialists. 
‘‘(2) To provide preservice training and on-going profes-
sional development to adjunct content specialists. 
‘‘(f) APPLICATIONS.— 
‘‘(1) APPLICATION REQUIRED.—An eligible entity that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require. 
‘‘(2) CONTENTS.—An application submitted under para-
graph (1) shall include— 
‘‘(A) a description of— 
‘‘(i) the need for, and expected benefits of using, 
adjunct content specialists in the schools served by 
the local educational agency, which may include 
information on the difficulty the local educational 
agency faces in recruiting qualified faculty in mathe-
matics, science, and critical foreign language courses; 
‘‘(ii) measurable objectives for the activities sup-
ported by the grant, including the number of adjunct 
content specialists the eligible entity intends to place 
in schools and classrooms, and the gains in academic 
achievement expected as a result of the addition of 
such specialists; 
‘‘(iii) how the eligible entity will establish criteria 
for and recruit the most qualified individuals and 
public or private organizations and businesses to 
participate in the activities supported by the grant; 
‘‘(iv) how the eligible entity will provide preservice 
training and on-going professional development to 
adjunct content specialists to ensure that such special-
ists have the capacity to serve effectively; 
‘‘(v) how the eligible entity will use funds received 
under this section, including how the eligible entity 
will evaluate the success of the activities supported 
by the grant; and 
‘‘(vi) how the eligible entity will support and con-
tinue the activities supported by the grant after the 
grant has expired, including how such entity will seek 
support from other sources, such as State and local 
government and the private sector; and 
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122 STAT. 3163 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) an assurance that the use of adjunct content 
specialists will not result in the displacement or transfer 
of currently employed teachers nor a reduction in the 
number of overall teachers in the district. 
‘‘(g) PRIORITIES.—In awarding grants under this section, the 
Secretary shall give priority to eligible entities that demonstrate 
in the application for such a grant a plan to— 
‘‘(1) serve the schools served by the local educational agency 
that have a large number or percentage of students performing 
below grade level in mathematics, science, or critical foreign 
language courses; 
‘‘(2) serve local educational agencies that have a large 
number or percentage of students from low-income families; 
and 
‘‘(3) recruit and train individuals to serve as adjunct content 
specialists in schools that have an insufficient number of 
teachers in mathematics, science, or critical foreign languages. 
‘‘(h) MATCHING
REQUIREMENT.—Each eligible entity that 
receives a grant under this section shall provide, from non-Federal 
sources, an amount equal to 100 percent of the amount of such 
grant (in cash or in kind) to carry out the activities supported 
by such grant. 
‘‘(i) PERFORMANCE REPORT.—Each eligible entity receiving a 
grant under this section shall prepare and submit to the Secretary 
a final report on the results of the activities supported by such 
grant, which shall contain such information as the Secretary may 
require, including any improvements in student academic achieve-
ment as a result of the use of adjunct content specialists. 
‘‘(j) EVALUATION.—The Secretary shall evaluate the activities 
supported by grants under this section, including the impact of 
such activities on student academic achievement, and shall report 
the results of such evaluation to the authorizing committees. 
‘‘(k) DEFINITION.—In this section, the term ‘adjunct content 
specialist’ means an individual who— 
‘‘(1) meets the requirements of section 9101(23)(B)(ii) of 
the Elementary and Secondary Education Act of 1965; 
‘‘(2) has demonstrated expertise in mathematics, science, 
or a critical foreign language, as determined by the local edu-
cational agency; and 
‘‘(3) is not the primary provider of instructional services 
to a student, unless the adjunct content specialist is under 
the direct supervision of a teacher who meets the requirements 
of section 9101(23) of such Act. 
‘‘Subpart 5—Graduate Fellowships to Prepare 
Faculty in High-Need Areas at Colleges of Edu-
cation 
‘‘SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH- 
NEED AREAS AT COLLEGES OF EDUCATION. 
‘‘(a) GRANTS BY SECRETARY.—The Secretary shall make grants 
to eligible institutions to enable such institutions to make graduate 
fellowship awards to qualified individuals in accordance with the 
provisions of this section. 
20 USC 1036. 
Reports. 
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122 STAT. 3164 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(b) ELIGIBLE INSTITUTIONS.—In this section, the term ‘eligible 
institution’ means an institution of higher education, or a consor-
tium of such institutions, that offers a program of postbaccalaureate 
study leading to a doctoral degree. 
‘‘(c) APPLICATIONS.—An eligible institution that desires a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may reasonably require. 
‘‘(d) TYPES OF FELLOWSHIPS SUPPORTED.— 
‘‘(1) IN GENERAL.—An eligible institution that receives a 
grant under this section shall use the grant funds to provide 
graduate fellowships to individuals who are preparing for the 
professorate in order to prepare individuals to become highly 
qualified elementary school and secondary school mathematics 
and science teachers, special education teachers, and teachers 
who provide instruction for limited English proficient students. 
‘‘(2) TYPES
OF
STUDY.—A graduate fellowship provided 
under this section shall support an individual in pursuing 
postbaccalaureate study, which leads to a doctoral degree and 
may include a master’s degree as part of such study, related 
to teacher preparation and pedagogy in one of the following 
areas: 
‘‘(A) Science, technology, engineering, or mathematics, 
if the individual has completed a master’s degree in mathe-
matics or science and is pursuing a doctoral degree in 
mathematics, science, or education. 
‘‘(B) Special education. 
‘‘(C) The instruction of limited English proficient stu-
dents, including postbaccalaureate study in language 
instruction educational programs. 
‘‘(e) FELLOWSHIP TERMS AND CONDITIONS.— 
‘‘(1) SELECTION OF FELLOWS.—The Secretary shall ensure 
that an eligible institution that receives a grant under this 
section— 
‘‘(A) shall provide graduate fellowship awards to 
individuals who plan to pursue a career in instruction 
at an institution of higher education that has a teacher 
preparation program; and 
‘‘(B) may not provide a graduate fellowship to an other-
wise eligible individual— 
‘‘(i) during periods in which such individual is 
enrolled at an institution of higher education unless 
such individual is maintaining satisfactory academic 
progress in, and devoting full-time study or research 
to, the pursuit of the degree for which the fellowship 
support was provided; or 
‘‘(ii) if the individual is engaged in gainful employ-
ment, other than part-time employment related to 
teaching, research, or a similar activity determined 
by the institution to be consistent with and supportive 
of the individuals’s progress toward the degree for 
which the fellowship support was provided. 
‘‘(2) AMOUNT OF FELLOWSHIP AWARDS.— 
‘‘(A) IN GENERAL.—An eligible institution that receives 
a grant under this section shall award stipends to individ-
uals who are provided graduate fellowships under this 
section. 
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122 STAT. 3165 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) AWARDS
BASED
ON
NEED.—A stipend provided 
under this section shall be in an amount equal to the 
level of support provided by the National Science Founda-
tion graduate fellowships, except that such stipend shall 
be adjusted as necessary so as not to exceed the fellowship 
recipient’s demonstrated need, as determined by the 
institution of higher education where the fellowship 
recipient is enrolled. 
‘‘(3) SERVICE REQUIREMENT.— 
‘‘(A) 
TEACHING
REQUIRED.—Each 
individual 
who 
receives a graduate fellowship under this section and earns 
a doctoral degree shall teach for one year at an institution 
of higher education that has a teacher preparation program 
for each year of fellowship support received under this 
section. 
‘‘(B) INSTITUTIONAL OBLIGATION.—Each eligible institu-
tion that receives a grant under this section shall provide 
an assurance to the Secretary that the institution has 
inquired of and determined the decision of each individual 
who has received a graduate fellowship to, within three 
years of receiving a doctoral degree, begin employment 
at an institution of higher education that has a teacher 
preparation program, as required by this section. 
‘‘(C) AGREEMENT REQUIRED.—Prior to receiving an ini-
tial graduate fellowship award, and upon the annual 
renewal of the graduate fellowship award, an individual 
selected to receive a graduate fellowship under this section 
shall sign an agreement with the Secretary agreeing to 
pursue a career in instruction at an institution of higher 
education that has a teacher preparation program in 
accordance with subparagraph (A). 
‘‘(D) FAILURE
TO
COMPLY.—If an individual who 
receives a graduate fellowship award under this section 
fails to comply with the agreement signed pursuant to 
subparagraph (C), the sum of the amounts of any graduate 
fellowship award received by such recipient shall, upon 
a determination of such a failure, be treated as a Federal 
Direct Unsubsidized Stafford Loan under part D of title 
IV, and shall be subject to repayment, together with 
interest thereon accruing from the date of the fellowship 
award, in accordance with terms and conditions specified 
by the Secretary in regulations under this subpart. 
‘‘(E) MODIFIED SERVICE REQUIREMENT.—The Secretary 
may waive or modify the service requirement of this para-
graph in accordance with regulations promulgated by the 
Secretary with respect to the criteria to determine the 
circumstances under which compliance with such service 
requirement is inequitable or represents a substantial 
hardship. The Secretary may waive the service requirement 
if compliance by the fellowship recipient is determined 
to be inequitable or represent a substantial hardship— 
‘‘(i) because the individual is permanently and 
totally disabled at the time of the waiver request; 
or 
‘‘(ii) based on documentation presented to the Sec-
retary of substantial economic or personal hardship. 
Waiver authority. 
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122 STAT. 3166 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(f) INSTITUTIONAL SUPPORT FOR FELLOWS.—An eligible institu-
tion that receives a grant under this section may reserve not more 
than ten percent of the grant amount for academic and career 
transition support for graduate fellowship recipients and for meeting 
the institutional obligation described in subsection (e)(3)(B). 
‘‘(g) RESTRICTION ON USE OF FUNDS.—An eligible institution 
that receives a grant under this section may not use grant funds 
for general operational overhead of the institution. 
‘‘PART C—GENERAL PROVISIONS 
‘‘SEC. 261. LIMITATIONS. 
‘‘(a) FEDERAL CONTROL PROHIBITED.—Nothing in this title shall 
be construed to permit, allow, encourage, or authorize any Federal 
control over any aspect of any private, religious, or home school, 
whether or not a home school is treated as a private school or 
home school under State law. This section shall not be construed 
to prohibit private, religious, or home schools from participation 
in programs or services under this title. 
‘‘(b) NO
CHANGE
IN
STATE
CONTROL
ENCOURAGED
OR 
REQUIRED.—Nothing in this title shall be construed to encourage 
or require any change in a State’s treatment of any private, reli-
gious, or home school, whether or not a home school is treated 
as a private school or home school under State law. 
‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFICATION OR LICEN-
SURE PROHIBITED.—Nothing in this title shall be construed to 
permit, allow, encourage, or authorize the Secretary to establish 
or support any national system of teacher certification or licensure. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this title shall be 
construed to alter or otherwise affect the rights, remedies, and 
procedures afforded to the employees of local educational agencies 
under Federal, State, or local laws (including applicable regulations 
or court orders) or under the terms of collective bargaining agree-
ments, memoranda of understanding, or other agreements between 
such employees and their employers.’’. 
TITLE III—INSTITUTIONAL AID 
SEC. 301. PROGRAM PURPOSE. 
Section 311 (20 U.S.C. 1057) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘351’’ and inserting 
‘‘391’’; and 
(B) in paragraph (3)(F), by inserting ‘‘, including serv-
ices that will assist in the education of special populations’’ 
before the period; and 
(2) in subsection (c)— 
(A) in paragraph (6), by inserting ‘‘, including innova-
tive, customized, instruction courses designed to help retain 
students and move the students rapidly into core courses 
and through program completion, which may include 
remedial education and English language instruction’’ 
before the period; 
(B) by redesignating paragraphs (7) through (12) as 
paragraphs (8) through (13), respectively; 
(C) by inserting after paragraph (6) the following: 
20 USC 1041. 
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122 STAT. 3167 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(7) Education or counseling services designed to improve 
the financial literacy and economic literacy of students or the 
students’ families.’’; 
(D) in paragraph (12) (as redesignated by subpara-
graph (B)), by striking ‘‘distance learning academic instruc-
tion capabilities’’ and inserting ‘‘distance education tech-
nologies’’; and 
(E) in the matter preceding subparagraph (A) of para-
graph (13) (as redesignated by subparagraph (B)), by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection (b) and 
section 391’’. 
SEC. 302. DEFINITIONS; ELIGIBILITY. 
Section 312 (20 U.S.C. 1058) is amended— 
(1) in subsection (b)(1)(A), by striking ‘‘subsection (c) of 
this section’’ and inserting ‘‘subsection (d)’’; 
(2) in subsection (d)(2), by striking ‘‘subdivision’’ and 
inserting ‘‘paragraph’’; 
(3) by redesignating subsection (g) as subsection (h); and 
(4) by inserting after subsection (f) the following: 
‘‘(g) LOW-INCOME INDIVIDUAL.—For the purpose of this part, 
the term ‘low-income individual’ means an individual from a family 
whose taxable income for the preceding year did not exceed 150 
percent of an amount equal to the poverty level determined by 
using criteria of poverty established by the Bureau of the Census.’’. 
SEC. 303. AMERICAN INDIAN TRIBALLY CONTROLLED COLLEGES AND 
UNIVERSITIES. 
Section 316 (20 U.S.C. 1059c) is amended— 
(1) by striking subsection (b)(3) and inserting the following: 
‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘Tribal Col-
lege or University’ means an institution that— 
‘‘(A) qualifies for funding under the Tribally Controlled 
Colleges and Universities Assistance Act of 1978 (25 U.S.C. 
1801 et seq.) or the Navajo Community College Assistance 
Act of 1978 (25 U.S.C. 640a note); or 
‘‘(B) is cited in section 532 of the Equity in Educational 
Land-Grant Status Act of 1994 (7 U.S.C. 301 note).’’; 
(2) in subsection (c)(2)— 
(A) by striking subparagraph (B) and inserting the 
following: 
‘‘(B) 
construction, 
maintenance, 
renovation, 
and 
improvement in classrooms, libraries, laboratories, and 
other instructional facilities, including purchase or rental 
of telecommunications technology equipment or services, 
and the acquisition of real property adjacent to the campus 
of the institution on which to construct such facilities;’’; 
(B) in subparagraph (C), by inserting before the semi-
colon at the end the following: ‘‘or in tribal governance 
or tribal public policy’’; 
(C) in subparagraph (D), by inserting before the semi-
colon the following: ‘‘and instruction in tribal governance 
or tribal public policy’’; 
(D) by redesignating subparagraphs (G), (H), (I), (J), 
(K), and (L) as subparagraphs (H), (I), (J), (K), (L), and 
(N), respectively; 
(E) by inserting after subparagraph (F) the following: 
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122 STAT. 3168 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(G) education or counseling services designed to 
improve the financial literacy and economic literacy of stu-
dents or the students’ families;’’; 
(F) in subparagraph (L) (as redesignated by subpara-
graph (D)), by striking ‘‘and’’ after the semicolon; 
(G) by inserting after subparagraph (L) (as redesig-
nated by subparagraph (D) and amended by subparagraph 
(F)) the following: 
‘‘(M) developing or improving facilities for Internet use 
or other distance education technologies; and’’; and 
(H) in subparagraph (N) (as redesignated by subpara-
graph (D)), by striking ‘‘subparagraphs (A) through (K)’’ 
and inserting ‘‘subparagraphs (A) through (M)’’; and 
(3) by striking subsection (d) and inserting the following: 
‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eligible to receive 
assistance under this section, a Tribal College or University 
shall be an eligible institution under section 312(b). 
‘‘(2) APPLICATION.— 
‘‘(A) IN
GENERAL.—A Tribal College or University 
desiring to receive assistance under this section shall 
submit an application to the Secretary at such time, in 
such manner, and containing such information as the Sec-
retary may reasonably require. 
‘‘(B) STREAMLINED
PROCESS.—The Secretary shall 
establish application requirements in such a manner as 
to simplify and streamline the process for applying for 
grants under this section. 
‘‘(3) AWARDS AND ALLOCATIONS TO INSTITUTIONS.— 
‘‘(A) CONSTRUCTION GRANTS.— 
‘‘(i) IN GENERAL.—Of the amount appropriated to 
carry out this section for any fiscal year, the Secretary 
may reserve 30 percent for the purpose of awarding 
one-year grants of not less than $1,000,000 to address 
construction, maintenance, and renovation needs at 
eligible institutions. 
‘‘(ii) PREFERENCE.—In providing grants under 
clause (i) for any fiscal year, the Secretary shall give 
preference to eligible institutions that have not 
received an award under this section for a previous 
fiscal year. 
‘‘(B) ALLOTMENT OF REMAINING FUNDS.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the Secretary shall distribute the remaining funds 
appropriated for any fiscal year to each eligible institu-
tion as follows: 
‘‘(I) 60 percent of the remaining appropriated 
funds shall be distributed among the eligible Tribal 
Colleges and Universities on a pro rata basis, 
based on the respective Indian student counts (as 
defined in section 2(a) of the Tribally Controlled 
Colleges and Universities Assistance Act of 1978 
(25 U.S.C. 1801(a)) of the Tribal Colleges and 
Universities. 
‘‘(II) The remaining 40 percent shall be distrib-
uted in equal shares to the eligible Tribal Colleges 
and Universities. 
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122 STAT. 3169 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) MINIMUM GRANT.—The amount distributed to 
a Tribal College or University under clause (i) shall 
not be less than $500,000. 
‘‘(4) SPECIAL RULES.— 
‘‘(A) CONCURRENT
FUNDING.—No Tribal College or 
University that receives funds under this section shall 
concurrently receive funds under any other provision of 
this part, part B, or part A of title V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section.’’. 
SEC. 304. ALASKA NATIVE AND NATIVE HAWAIIAN-SERVING INSTITU-
TIONS. 
Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (H), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) education or counseling services designed to 
improve the financial literacy and economic literacy of stu-
dents or the students’ families.’’. 
SEC. 305. PREDOMINANTLY BLACK INSTITUTIONS. 
(a) IN GENERAL.—Part A of title III (20 U.S.C. 1057 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 318. PREDOMINANTLY BLACK INSTITUTIONS. 
‘‘(a) PURPOSE.—It is the purpose of this section to assist 
Predominantly Black Institutions in expanding educational oppor-
tunity through a program of Federal assistance. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means an institution of higher education that— 
‘‘(A) has an enrollment of needy undergraduate stu-
dents; 
‘‘(B) has an average educational and general expendi-
ture that is low, per full-time equivalent undergraduate 
student, in comparison with the average educational and 
general expenditure per full-time equivalent undergraduate 
student of institutions that offer similar instruction, except 
that the Secretary may apply the waiver requirements 
described in section 392(b) to this subparagraph in the 
same manner as the Secretary applies the waiver require-
ments to section 312(b)(1)(B); 
‘‘(C) has an enrollment of undergraduate students that 
is not less than 40 percent Black American students; 
‘‘(D) is legally authorized to provide, and provides, 
within the State an educational program for which the 
institution of higher education awards a baccalaureate 
degree or, in the case of a junior or community college, 
an associate’s degree; 
‘‘(E) is accredited by a nationally recognized accrediting 
agency or association determined by the Secretary to be 
a reliable authority as to the quality of training offered 
or is, according to such an agency or association, making 
reasonable progress toward accreditation; and 
20 USC 1059e. 
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122 STAT. 3170 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(F) is not receiving assistance under part B or part 
A of title V. 
‘‘(2) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enroll-
ment of needy students’ means the enrollment at an eligible 
institution with respect to which not less than 50 percent 
of the undergraduate students enrolled in an academic program 
leading to a degree— 
‘‘(A) in the second fiscal year preceding the fiscal year 
for which the determination is made, were Federal Pell 
Grant recipients for such year; 
‘‘(B) come from families that receive benefits under 
a means-tested Federal benefit program; 
‘‘(C) attended a public or nonprofit private secondary 
school that— 
‘‘(i) is in the school district of a local educational 
agency that was eligible for assistance under part A 
of title I of the Elementary and Secondary Education 
Act of 1965 for any year during which the student 
attended such secondary school; and 
‘‘(ii) for the purpose of this paragraph and for 
such year of attendance, was determined by the Sec-
retary (pursuant to regulations and after consultation 
with the State educational agency of the State in which 
the school is located) to be a school in which the 
enrollment of children meeting a measure of poverty 
under section 1113(a)(5) of such Act exceeds 30 percent 
of the total enrollment of such school; or 
‘‘(D) are first-generation college students and a 
majority of such first-generation college students are low- 
income individuals. 
‘‘(3) FIRST-GENERATION COLLEGE STUDENT.—The term ‘first- 
generation college student’ has the meaning given the term 
in section 402A(h). 
‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low-income indi-
vidual’ has the meaning given such term in section 402A(h). 
‘‘(5) MEANS-TESTED FEDERAL BENEFIT PROGRAM.—The term 
‘means-tested Federal benefit program’ means a program of 
the Federal Government, other than a program under title 
IV, in which eligibility for the program’s benefits, or the amount 
of such benefits, are determined on the basis of income or 
resources of the individual or family seeking the benefit. 
‘‘(6) 
PREDOMINANTLY
BLACK
INSTITUTION.—The 
term 
‘Predominantly Black Institution’ means an institution of 
higher education, as defined in section 101(a)— 
‘‘(A) that is an eligible institution with not less than 
1,000 undergraduate students; 
‘‘(B) at which not less than 50 percent of the under-
graduate students enrolled at the eligible institution are 
low-income individuals or first-generation college students; 
and 
‘‘(C) at which not less than 50 percent of the under-
graduate students are enrolled in an educational program 
leading to a bachelor’s or associate’s degree that the eligible 
institution is licensed to award by the State in which 
the eligible institution is located. 
‘‘(7) STATE.—The term ‘State’ means each of the 50 States 
and the District of Columbia. 
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122 STAT. 3171 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(c) GRANT AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary is authorized to award 
grants, from allotments under subsection (e), to Predominantly 
Black Institutions to enable the Predominantly Black Institu-
tions to carry out the authorized activities described in sub-
section (d). 
‘‘(2) PRIORITY.—In awarding grants under this section the 
Secretary shall give priority to Predominantly Black Institu-
tions with large numbers or percentages of students described 
in subsections (b)(1)(A) or (b)(1)(C). The level of priority given 
to Predominantly Black Institutions with large numbers or 
percentages of students described in subsection (b)(1)(A) shall 
be twice the level of priority given to Predominantly Black 
Institutions with large numbers or percentages of students 
described in subsection (b)(1)(C). 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) REQUIRED
ACTIVITIES.—Grant funds provided under 
this section shall be used— 
‘‘(A) to assist the Predominantly Black Institution to 
plan, develop, undertake, and implement programs to 
enhance the institution’s capacity to serve more low- and 
middle-income Black American students; 
‘‘(B) to expand higher education opportunities for stu-
dents eligible to participate in programs under title IV 
by encouraging college preparation and student persistence 
in secondary school and postsecondary education; and 
‘‘(C) to strengthen the financial ability of the Predomi-
nantly Black Institution to serve the academic needs of 
the students described in subparagraphs (A) and (B). 
‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds provided under 
this section shall be used for one or more of the following 
activities: 
‘‘(A) The activities described in paragraphs (1) through 
(12) of section 311(c). 
‘‘(B) Academic instruction in disciplines in which Black 
Americans are underrepresented. 
‘‘(C) Establishing or enhancing a program of teacher 
education designed to qualify students to teach in a public 
elementary school or secondary school in the State that 
shall include, as part of such program, preparation for 
teacher certification or licensure. 
‘‘(D) Establishing community outreach programs that 
will encourage elementary school and secondary school stu-
dents to develop the academic skills and the interest to 
pursue postsecondary education. 
‘‘(E) Other activities proposed in the application sub-
mitted pursuant to subsection (f) that— 
‘‘(i) contribute to carrying out the purpose of this 
section; and 
‘‘(ii) are approved by the Secretary as part of the 
review and approval of an application submitted under 
subsection (f). 
‘‘(3) ENDOWMENT FUND.— 
‘‘(A) IN GENERAL.—A Predominantly Black Institution 
may use not more than 20 percent of the grant funds 
provided under this section to establish or increase an 
endowment fund at the institution. 
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122 STAT. 3172 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) MATCHING REQUIREMENT.—In order to be eligible 
to use grant funds in accordance with subparagraph (A), 
a Predominantly Black Institution shall provide matching 
funds from non-Federal sources, in an amount equal to 
or greater than the Federal funds used in accordance with 
subparagraph (A), for the establishment or increase of the 
endowment fund. 
‘‘(C) COMPARABILITY.—The provisions of part C, 
regarding the establishment or increase of an endowment 
fund, that the Secretary determines are not inconsistent 
with this subsection, shall apply to funds used under 
subparagraph (A). 
‘‘(4) LIMITATION.—Not more than 50 percent of the grant 
funds provided to a Predominantly Black Institution under 
this section may be available for the purpose of constructing 
or maintaining a classroom, library, laboratory, or other instruc-
tional facility. 
‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK INSTITUTIONS.— 
‘‘(1) FEDERAL PELL GRANT BASIS.—From the amounts appro-
priated to carry out this section for any fiscal year, the Sec-
retary shall allot to each Predominantly Black Institution 
having an application approved under subsection (f) a sum 
that bears the same ratio to one-half of that amount as the 
number of Federal Pell Grant recipients in attendance at such 
institution at the end of the academic year preceding the begin-
ning of that fiscal year, bears to the total number of Federal 
Pell Grant recipients at all such institutions at the end of 
such academic year. 
‘‘(2) GRADUATES BASIS.—From the amounts appropriated 
to carry out this section for any fiscal year, the Secretary 
shall allot to each Predominantly Black Institution having an 
application approved under subsection (f) a sum that bears 
the same ratio to one-fourth of that amount as the number 
of graduates for such academic year at such institution, bears 
to the total number of graduates for such academic year at 
all such institutions. 
‘‘(3) GRADUATES SEEKING A HIGHER DEGREE BASIS.—From 
the amounts appropriated to carry out this section for any 
fiscal year, the Secretary shall allot to each Predominantly 
Black Institution having an application approved under sub-
section (f) a sum that bears the same ratio to one-fourth of 
that amount as the percentage of graduates from such institu-
tion who are admitted to and in attendance at, not later than 
two years after graduation with an associate’s degree or a 
baccalaureate degree, a baccalaureate degree-granting institu-
tion or a graduate or professional school in a degree program 
in disciplines in which Black American students are underrep-
resented, bears to the percentage of such graduates for all 
such institutions. 
‘‘(4) MINIMUM ALLOTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding paragraphs (1), (2), 
and (3), the amount allotted to each Predominantly Black 
Institution under this section may not be less than 
$250,000. 
‘‘(B) INSUFFICIENT
AMOUNT.—If the amounts appro-
priated to carry out this section for a fiscal year are not 
sufficient to pay the minimum allotment provided under 
Applicability. 
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122 STAT. 3173 
PUBLIC LAW 110–315—AUG. 14, 2008 
subparagraph (A) for the fiscal year, then the amount 
of such minimum allotment shall be ratably reduced. If 
additional sums become available for such fiscal year, such 
reduced allotment shall be increased on the same basis 
as the allotment was reduced until the amount allotted 
equals the minimum allotment required under subpara-
graph (A). 
‘‘(5) REALLOTMENT.—The amount of a Predominantly Black 
Institution’s allotment under paragraph (1), (2), (3), or (4) for 
any fiscal year that the Secretary determines will not be needed 
for such institution for the period for which such allotment 
is available, shall be available for reallotment to other Predomi-
nantly Black Institutions in proportion to the original allot-
ments to such other institutions under this section for such 
fiscal year. The Secretary shall reallot such amounts from 
time to time, on such date and during such period as the 
Secretary determines appropriate. 
‘‘(f) APPLICATIONS.—Each Predominantly Black Institution 
desiring a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and containing 
or accompanied by such information as the Secretary may reason-
ably require. 
‘‘(g) APPLICATION REVIEW PROCESS.—Section 393 shall not apply 
to applications under this section. 
‘‘(h) DURATION AND CARRYOVER.—Any grant funds paid to a 
Predominantly Black Institution under this section that are not 
expended or used for the purposes for which the funds were paid 
within ten years following the date on which the grant was awarded, 
shall be repaid to the Treasury. 
‘‘(i) SPECIAL RULE ON ELIGIBILITY.—No Predominantly Black 
Institution that receives funds under this section shall concurrently 
receive funds under any other provision of this part, part B, or 
part A of title V.’’. 
(b) CONFORMING
AMENDMENT.—Section 312(d) (20 U.S.C. 
1058(d)) is amended by striking ‘‘For the purpose’’ and inserting 
‘‘Except as provided in section 318(b), for the purpose’’. 
SEC. 306. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 
Part A of title III (20 U.S.C. 1057 et seq.) is amended by 
adding after section 318 (as added by section 305 of this Act) 
the following: 
‘‘SEC. 319. NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants 
and related assistance to Native American-serving, nontribal 
institutions to enable such institutions to improve and expand 
their capacity to serve Native Americans and low-income individ-
uals. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) NATIVE AMERICAN.—The term ‘Native American’ means 
an individual who is of a tribe, people, or culture that is 
indigenous to the United States. 
‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL INSTITUTION.— 
The term ‘Native American-serving, nontribal institution’ 
means an institution of higher education, as defined in section 
101(a), that, at the time of application— 
‘‘(A) is an eligible institution under section 312(b); 
Grants. 
20 USC 1059f. 
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122 STAT. 3174 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) has an enrollment of undergraduate students that 
is not less than 10 percent Native American students; 
and 
‘‘(C) is not a Tribal College or University (as defined 
in section 316). 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.—Grants awarded 
under this section shall be used by Native American-serving, 
nontribal institutions to assist such institutions to plan, 
develop, undertake, and carry out activities to improve and 
expand such institutions’ capacity to serve Native Americans 
and low-income individuals. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 
may include— 
‘‘(A) the purchase, rental, or lease of scientific or labora-
tory equipment for educational purposes, including instruc-
tional and research purposes; 
‘‘(B) renovation and improvement in classroom, library, 
laboratory, and other instructional facilities; 
‘‘(C) support of faculty exchanges, and faculty develop-
ment and faculty fellowships to assist faculty in attaining 
advanced degrees in the faculty’s field of instruction; 
‘‘(D) curriculum development and academic instruction; 
‘‘(E) the purchase of library books, periodicals, micro-
film, and other educational materials; 
‘‘(F) funds and administrative management, and 
acquisition of equipment for use in strengthening funds 
management; 
‘‘(G) the joint use of facilities such as laboratories and 
libraries; 
‘‘(H) academic tutoring and counseling programs and 
student support services; and 
‘‘(I) education or counseling services designed to 
improve the financial and economic literacy of students 
or the students’ families. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL
ELIGIBILITY.—A Native American- 
serving, nontribal institution desiring to receive assistance 
under this section shall submit to the Secretary such enrollment 
data as may be necessary to demonstrate that the institution 
is a Native American-serving, nontribal institution, along with 
such other information and data as the Secretary may reason-
ably require. 
‘‘(2) APPLICATIONS.— 
‘‘(A) AUTHORITY TO SUBMIT APPLICATIONS.—Any institu-
tion that is determined by the Secretary to be a Native 
American-serving, nontribal institution may submit an 
application for assistance under this section to the Sec-
retary. 
‘‘(B) SIMPLIFIED AND STREAMLINED FORMAT.—The Sec-
retary shall, to the extent possible, continue to prescribe 
a simplified and streamlined format for applications under 
this section that takes into account the limited number 
of institutions that are eligible for assistance under this 
section. 
‘‘(C) 
CONTENT.—An 
application 
submitted 
under 
subparagraph (A) shall include— 
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122 STAT. 3175 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) a five-year plan for improving the assistance 
provided by the Native American-serving, nontribal 
institution to Native Americans and low-income 
individuals; and 
‘‘(ii) such other information and assurances as the 
Secretary may reasonably require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Native American-serving, non-
tribal institution that receives funds under this section 
shall concurrently receive funds under any other provision 
of this part, part B, or part A of title V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section. 
‘‘(C) DISTRIBUTION.—In awarding grants under this sec-
tion, the Secretary shall, to the extent possible and con-
sistent with the competitive process under which such 
grants are awarded, ensure maximum and equitable dis-
tribution among all eligible institutions. 
‘‘(D) MINIMUM GRANT AMOUNT.—The minimum amount 
of a grant under this section shall be $200,000.’’. 
SEC. 307. ASSISTANCE TO ASIAN AMERICAN AND NATIVE AMERICAN 
PACIFIC ISLANDER-SERVING INSTITUTIONS. 
Part A of title III (20 U.S.C. 1057 et seq.) is amended by 
adding after section 319 (as added by section 306 of this Act) 
the following: 
‘‘SEC. 
320. 
ASIAN 
AMERICAN 
AND 
NATIVE 
AMERICAN 
PACIFIC 
ISLANDER-SERVING INSTITUTIONS. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary shall provide grants 
and related assistance to Asian American and Native American 
Pacific Islander-serving institutions to enable such institutions to 
improve and expand their capacity to serve Asian Americans and 
Native American Pacific Islanders and low-income individuals. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ASIAN AMERICAN.—The term ‘Asian American’ has the 
meaning given the term ‘Asian’ in the Office of Management 
and Budget’s Standards for Maintaining, Collecting, and Pre-
senting Federal Data on Race and Ethnicity as published on 
October 30, 1997 (62 Fed. Reg. 58789). 
‘‘(2) ASIAN
AMERICAN
AND
NATIVE
AMERICAN
PACIFIC 
ISLANDER-SERVING
INSTITUTION.—The term ‘Asian American 
and Native American Pacific Islander-serving institution’ means 
an institution of higher education that— 
‘‘(A) is an eligible institution under section 312(b); and 
‘‘(B) at the time of application, has an enrollment of 
undergraduate students that is not less than 10 percent 
students who are Asian American or Native American 
Pacific Islander. 
‘‘(3) NATIVE AMERICAN PACIFIC ISLANDER.—The term ‘Native 
American Pacific Islander’ means any descendant of the 
aboriginal people of any island in the Pacific Ocean that is 
a territory or possession of the United States. 
‘‘(c) AUTHORIZED ACTIVITIES.— 
‘‘(1) TYPES
OF
ACTIVITIES
AUTHORIZED.—Grants awarded 
under this section shall be used by Asian American and Native 
American Pacific Islander-serving institutions to assist such 
Grants. 
20 USC 1059g. 
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122 STAT. 3176 
PUBLIC LAW 110–315—AUG. 14, 2008 
institutions to plan, develop, undertake, and carry out activities 
to improve and expand such institutions’ capacity to serve 
Asian Americans and Native American Pacific Islanders and 
low-income individuals. 
‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.—Such programs 
may include— 
‘‘(A) purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional 
and research purposes; 
‘‘(B) renovation and improvement in classroom, library, 
laboratory, and other instructional facilities; 
‘‘(C) support of faculty exchanges, and faculty develop-
ment and faculty fellowships to assist in attaining advanced 
degrees in the faculty’s field of instruction; 
‘‘(D) curriculum development and academic instruction; 
‘‘(E) purchase of library books, periodicals, microfilm, 
and other educational materials; 
‘‘(F) funds and administrative management, and 
acquisition of equipment for use in strengthening funds 
management; 
‘‘(G) joint use of facilities such as laboratories and 
libraries; 
‘‘(H) academic tutoring and counseling programs and 
student support services; 
‘‘(I) establishing community outreach programs that 
will encourage elementary school and secondary school stu-
dents to develop the academic skills and the interest to 
pursue postsecondary education; 
‘‘(J) establishing or improving an endowment fund; 
‘‘(K) academic instruction in disciplines in which Asian 
Americans and Native American Pacific Islanders are 
underrepresented; 
‘‘(L) conducting research and data collection for Asian 
American and Native American Pacific Islander popu-
lations and subpopulations; 
‘‘(M) establishing partnerships with community-based 
organizations serving Asian Americans and Native Amer-
ican Pacific Islanders; and 
‘‘(N) education or counseling services designed to 
improve the financial and economic literacy of students 
or the students’ families. 
‘‘(d) APPLICATION PROCESS.— 
‘‘(1) INSTITUTIONAL ELIGIBILITY.—Each Asian American and 
Native American Pacific Islander-serving institution desiring 
to receive assistance under this section shall submit to the 
Secretary such enrollment data as may be necessary to dem-
onstrate that the institution is an Asian American and Native 
American Pacific Islander-serving institution as defined in sub-
section (b), along with such other information and data as 
the Secretary may reasonably require. 
‘‘(2) APPLICATIONS.—Any institution that is determined by 
the Secretary to be an Asian American and Native American 
Pacific Islander-serving institution may submit an application 
for assistance under this section to the Secretary. Such applica-
tion shall include— 
‘‘(A) a five-year plan for improving the assistance pro-
vided by the Asian American and Native American Pacific 
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122 STAT. 3177 
PUBLIC LAW 110–315—AUG. 14, 2008 
Islander-serving institution to Asian American and Native 
American Pacific Islander students and low-income individ-
uals; and 
‘‘(B) such other information and assurances as the 
Secretary may reasonably require. 
‘‘(3) SPECIAL RULES.— 
‘‘(A) ELIGIBILITY.—No Asian American and Native 
American Pacific Islander-serving institution that receives 
funds under this section shall concurrently receive funds 
under any other provision of this part, part B, or title 
V. 
‘‘(B) EXEMPTION.—Section 313(d) shall not apply to 
institutions that are eligible to receive funds under this 
section. 
‘‘(C) DISTRIBUTION.—In awarding grants under this sec-
tion, the Secretary shall— 
‘‘(i) to the extent possible and consistent with the 
competitive process under which such grants are 
awarded, ensure maximum and equitable distribution 
among all eligible institutions; and 
‘‘(ii) give priority consideration to institutions for 
which not less than 10 percent of such institution’s 
Asian American and Native American Pacific Islander 
students are low-income individuals.’’. 
SEC. 308. PART B DEFINITIONS. 
Section 322(4) (20 U.S.C. 1061(4)) is amended by inserting 
‘‘, in consultation with the Commissioner for Education Statistics’’ 
before ‘‘and the Commissioner’’. 
SEC. 309. GRANTS TO INSTITUTIONS. 
Section 323(a) (20 U.S.C. 1062(a)) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘360(a)(2)’’ and inserting ‘‘399(a)(2)’’; 
(2) by redesignating paragraph (12) as paragraphs (15); 
and 
(3) by inserting after paragraph (11) the following: 
‘‘(12) Acquisition of real property in connection with the 
construction, renovation, or addition to or improvement of cam-
pus facilities. 
‘‘(13) Education or financial information designed to 
improve the financial literacy and economic literacy of students 
or the students’ families, especially with regard to student 
indebtedness and student assistance programs under title IV. 
‘‘(14) Services necessary for the implementation of projects 
or activities that are described in the grant application and 
that are approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may be used 
for this purpose.’’. 
SEC. 310. ALLOTMENTS. 
(a) MINIMUM ALLOTMENT.—Subsection (d) of section 324 (20 
U.S.C. 1063(d)) is amended to read as follows: 
‘‘(d) MINIMUM ALLOTMENT.—Notwithstanding subsections (a) 
through (c), and subject to subsection (h), if the amount of an 
award under this section for a part B institution, based on the 
data provided by the part B institution and the formula under 
subsections (a) through (c), would be— 
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122 STAT. 3178 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) an amount that is greater than $250,000 but less 
than $500,000, the Secretary shall award the part B institution 
an allotment in the amount of $500,000; and 
‘‘(2) an amount that is equal to or less than $250,000, 
the Secretary shall award the part B institution an allotment 
in the amount of $250,000.’’. 
(b) CONDITIONS FOR ALLOTMENTS.—Section 324 (20 U.S.C. 1063) 
is further amended by adding at the end the following new sub-
section: 
‘‘(h) CONDITIONS FOR ALLOTMENTS.— 
‘‘(1) STUDENT
REQUIREMENTS
FOR
ALLOTMENT.—Notwith-
standing any other provision of this section, a part B institution 
that would otherwise be eligible for funds under this part 
shall not receive an allotment under this part for a fiscal 
year, including the minimum allotment under subsection (d), 
if the part B institution, in the academic year preceding such 
fiscal year— 
‘‘(A) did not have any enrolled students who were 
Pell Grant recipients; 
‘‘(B) did not graduate any students; or 
‘‘(C) where appropriate, did not have any students 
who, within 5 years of graduation from the part B institu-
tion, were admitted to and in attendance at a graduate 
or professional school in a degree program in disciplines 
in which Blacks are underrepresented. 
‘‘(2) DATA
REQUIREMENTS
FOR
ALLOTMENTS.—Notwith-
standing any other provision of this section, a part B institution 
shall not receive an allotment under this part for a fiscal 
year, including the minimum allotment under subsection (d), 
unless the institution provides the Secretary with the data 
required by the Secretary and for purposes of the formula 
described in subsections (a) through (c), including— 
‘‘(A) the number of Pell Grant recipients enrolled in 
the part B institution in the academic year preceding such 
fiscal year; 
‘‘(B) the number of students who earned an associate 
or baccalaureate degree from the part B institution in 
the academic year preceding such fiscal year; and 
‘‘(C) where appropriate, the percentage of students 
who, within 5 years of graduation from the part B institu-
tion, were admitted to and in attendance at a graduate 
or professional school in a degree program in disciplines 
in which Blacks are underrepresented in the academic 
year preceding such fiscal year.’’. 
SEC. 311. PROFESSIONAL OR GRADUATE INSTITUTIONS. 
(a) DURATION OF GRANT.—Section 326(b) (20 U.S.C. 1063b(b)) 
is amended by adding at the end the following: ‘‘Any funds awarded 
for such five-year grant period that are obligated during such five- 
year period may be expended during the 10-year period beginning 
on the first day of such five-year period.’’. 
(b) AUTHORIZED ACTIVITIES.—Section 326(c) (20 U.S.C. 1063b(c)) 
is amended— 
(1) in paragraph (5), by striking ‘‘establish or improve’’ 
and inserting ‘‘establishing or improving’’; 
(2) in paragraph (6)— 
(A) by striking ‘‘assist’’ and inserting ‘‘assisting’’; and 
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122 STAT. 3179 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) by striking ‘‘and’’ after the semicolon; 
(3) by striking the period at the end of paragraph (7) 
and inserting a semicolon; and 
(4) by adding at the end the following: 
‘‘(8) acquisition of real property that is adjacent to the 
campus in connection with the construction, renovation, or addi-
tion to or improvement of campus facilities; 
‘‘(9) education or financial information designed to improve 
the financial literacy and economic literacy of students or the 
students’ families, especially with regard to student indebted-
ness and student assistance programs under title IV; 
‘‘(10) services necessary for the implementation of projects 
or activities that are described in the grant application and 
that are approved, in advance, by the Secretary, except that 
not more than two percent of the grant amount may be used 
for this purpose; 
‘‘(11) tutoring, counseling, and student service programs 
designed to improve academic success; and 
‘‘(12) other activities proposed in the application submitted 
under subsection (d) that— 
‘‘(A) contribute to carrying out the purposes of this 
part; and 
‘‘(B) are approved by the Secretary as part of the 
review and acceptance of such application.’’. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—Section 326(e)(1) (20 U.S.C. 1063b(e)(1)) 
is amended— 
(A) in the matter preceding subparagraph (A), by 
inserting a colon after ‘‘the following’’; 
(B) in subparagraph (Q), by striking ‘‘and’’ at the end; 
(C) in subparagraph (R), by striking the period at 
the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(S) Alabama State University qualified graduate pro-
grams; 
‘‘(T) Prairie View A&M University qualified graduate 
programs; 
‘‘(U) Delaware State University qualified graduate pro-
grams; 
‘‘(V) Langston University qualified graduate programs; 
‘‘(W) Bowie State University qualified graduate pro-
grams; and 
‘‘(X) University of the District of Columbia David A. 
Clarke School of Law.’’. 
(2) CONFORMING AMENDMENT.—Section 326(e)(3) (20 U.S.C. 
1063b(e)(3)) is amended— 
(A) by striking ‘‘1998’’ and inserting ‘‘2008’’; and 
(B) by striking ‘‘(Q) and (R)’’ and inserting ‘‘(S) through 
(X)’’. 
(3) ADDITIONAL ELIGIBILITY CHANGES.—Section 326(e)(2)(A) 
(20 U.S.C. 1063b(e)(2)(A)) is amended— 
(A) by inserting ‘‘in law or’’ after ‘‘instruction’’; and 
(B) by striking ‘‘mathematics, or’’ and inserting ‘‘mathe-
matics, psychometrics, or’’. 
(4) ONE
GRANT
PER
INSTITUTION.—Section 326(e)(4) (20 
U.S.C. 1063b(e)(4)) is amended by striking ‘‘or university 
system’’. 
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122 STAT. 3180 
PUBLIC LAW 110–315—AUG. 14, 2008 
(d) FUNDING RULE.—Section 326(f) (20 U.S.C. 1063b(f)) is 
amended— 
(1) in paragraph (1)— 
(A) 
by 
striking 
‘‘$26,600,000’’ 
and 
inserting 
‘‘$56,900,000’’; and 
(B) by striking ‘‘(P)’’ and inserting ‘‘(R)’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘$26,600,000, but not in excess of 
$28,600,000’’ and inserting ‘‘$56,900,000, but not in excess 
of $62,900,000’’; and 
(B) by striking ‘‘subparagraphs (Q) and (R)’’ and 
inserting ‘‘subparagraphs (S) through (X)’’; and 
(3) in the matter preceding subparagraph (A) of paragraph 
(3)— 
(A) 
by 
striking 
‘‘$28,600,000’’ 
and 
inserting 
‘‘$62,900,000’’; and 
(B) by striking ‘‘(R)’’ and inserting ‘‘(X)’’. 
(e) HOLD HARMLESS RULE.—Section 326(g) (20 U.S.C. 1063(g)) 
is amended by striking ‘‘1998’’ each place it appears and inserting 
‘‘2008’’. 
(f) INTERACTION WITH OTHER GRANT PROGRAMS.—Section 326 
(as amended by this section) (20 U.S.C. 1063) is further amended 
by adding at the end the following: 
‘‘(h) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu-
tion that is eligible for and receives an award under section 512, 
723, or 724 for a fiscal year shall be eligible to apply for a grant, 
or receive grant funds, under this section for the same fiscal year.’’. 
SEC. 312. UNEXPENDED FUNDS. 
Section 327(b) (20 U.S.C. 1063c(b)) is amended to read as 
follows: 
‘‘(b) USE OF UNEXPENDED FUNDS.—Any funds paid to an institu-
tion and not expended or used for the purposes for which the 
funds were paid during the five-year period following the date 
of the initial grant award, may be carried over and expended 
during the succeeding five-year period, if such funds were obligated 
for a purpose for which the funds were paid during the five-year 
period following the date of the initial grant award.’’. 
SEC. 313. ENDOWMENT CHALLENGE GRANTS. 
(a) AMOUNTS.—Section 331(b) (20 U.S.C. 1065(b)) is amended— 
(1) in paragraph (2)(B)(i), by striking ‘‘$500,000’’ and 
inserting ‘‘$1,000,000’’; and 
(2) in paragraph (5), by striking ‘‘$50,000’’ and inserting 
‘‘$100,000’’. 
(b) TECHNICAL ASSISTANCE.—Section 331 (20 U.S.C. 1065) is 
further amended by adding at the end the following: 
‘‘(i) TECHNICAL ASSISTANCE.—The Secretary, directly or by 
grant or contract, may provide technical assistance to eligible 
institutions to prepare the institutions to qualify, apply for, and 
maintain a grant, under this section.’’. 
SEC. 314. HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 
FINANCING. 
(a) DEFINITIONS.—Section 342 (20 U.S.C. 1066a) is amended— 
(1) in paragraph (5)(G), by striking ‘‘by a nationally recog-
nized accrediting agency or association’’ and inserting ‘‘by an 
20 USC 1063b. 
20 USC 1063b. 
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122 STAT. 3181 
PUBLIC LAW 110–315—AUG. 14, 2008 
accrediting agency or association recognized by the Secretary 
under subpart 2 of part H of title IV’’; and 
(2) in paragraph (8), by inserting ‘‘capital project’’ after 
‘‘issuing taxable’’. 
(b) FEDERAL INSURANCE FOR BONDS.—Section 343(b) (20 U.S.C. 
1066b(b)) is amended— 
(1) in paragraph (8)(B)(ii)— 
(A) by striking ‘‘10’’ and inserting ‘‘5’’; and 
(B) by inserting ‘‘within 120 days’’ after ‘‘loan proceeds’’; 
(2) in paragraph (10), by striking ‘‘and’’ after the semicolon; 
(3) in paragraph (11), by striking the period at the end 
and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(12) limit loan collateralization, with respect to any loan 
made under this part, to 100 percent of the loan amount, 
except as otherwise required by the Secretary.’’. 
(c) LIMITATIONS ON FEDERAL INSURANCE FOR BONDS ISSUED 
BY
THE DESIGNATED BONDING AUTHORITY.—Section 344(a) (20 
U.S.C. 1066c(a)) is amended— 
(1) in the matter preceding paragraph (1), by striking 
‘‘$375,000,000’’ and inserting ‘‘$1,100,000,000’’; 
(2) in paragraph (1), by striking ‘‘$250,000,000’’ and 
inserting ‘‘$733,333,333’’; and 
(3) in paragraph (2), by striking ‘‘$125,000,000’’ and 
inserting ‘‘$366,666,667’’. 
(d) AUTHORITY
OF
THE SECRETARY.—Section 345 (20 U.S.C. 
1066d) is amended— 
(1) in paragraph (1), by striking ‘‘enactment of the Higher 
Education Amendments of 1992,’’ and inserting ‘‘the date of 
enactment of the Higher Education Opportunity Act,’’; 
(2) by redesignating paragraphs (2) through (7) as para-
graphs (4) through (9), respectively; 
(3) by inserting after paragraph (1) the following: 
‘‘(2) shall ensure that— 
‘‘(A) the selection process for the designated bonding 
authority is conducted on a competitive basis; and 
‘‘(B) the evaluation and selection process is trans-
parent; 
‘‘(3) shall— 
‘‘(A) review the performance of the designated bonding 
authority after the third year of the insurance agreement; 
and 
‘‘(B) following the review described in subparagraph 
(A), implement a revised competitive selection process, if 
determined necessary by the Secretary in consultation with 
the Advisory Board established pursuant to section 347;’’; 
(4) in paragraph (8) (as redesignated by paragraph (2)), 
by striking ‘‘and’’ after the semicolon; 
(5) in paragraph (9) (as redesignated by paragraph (2)), 
by striking the period at the end and inserting ‘‘; and’’; and 
(6) by adding at the end the following: 
‘‘(10) not later than 120 days after the date of enactment 
of the Higher Education Opportunity Act, shall submit to the 
authorizing committees a report on the progress of the Depart-
ment in implementing the recommendations made by the 
Government 
Accountability 
Office 
in 
October 
2006 
for 
Deadline. 
Reports. 
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122 STAT. 3182 
PUBLIC LAW 110–315—AUG. 14, 2008 
improving the Historically Black College and Universities Cap-
ital Financing Program.’’. 
(e) HBCU CAPITAL FINANCING ADVISORY BOARD.—Section 347 
(20 U.S.C. 1066f) is amended— 
(1) in subsection (b)(1)— 
(A) by striking out ‘‘9 members’’ and inserting ‘‘11 
members’’; 
(B) in subparagraph (C), by striking ‘‘Two’’ and 
inserting ‘‘Three’’; and 
(C) by adding at the end the following: 
‘‘(G) The president of the Thurgood Marshall College 
Fund, or the designee of the president.’’; and 
(2) by adding at the end the following: 
‘‘(c) ADDITIONAL RECOMMENDATIONS FROM ADVISORY BOARD.— 
‘‘(1) IN
GENERAL.—In addition to the responsibilities of 
the Advisory Board described in subsection (a), the Advisory 
Board shall advise the Secretary and the authorizing commit-
tees regarding— 
‘‘(A) the fiscal status and strategic financial condition 
of not less than ten historically Black colleges and univer-
sities that have— 
‘‘(i) obtained construction financing through the 
program under this part and seek additional financing 
or refinancing under such program; or 
‘‘(ii) applied for construction financing through the 
program under this part but have not received 
financing under such program; and 
‘‘(B) the feasibility of reducing borrowing costs associ-
ated with the program under this part, including reducing 
interest rates. 
‘‘(2) REPORT.—Not later than six months after the date 
of enactment of the Higher Education Opportunity Act, the 
Advisory Board shall prepare and submit a report to the author-
izing committees regarding the historically Black colleges and 
universities described in paragraph (1)(A) that includes 
administrative and legislative recommendations for addressing 
the issues related to construction financing facing such histori-
cally Black colleges and universities.’’. 
SEC. 315. PROGRAMS IN STEM FIELDS. 
(a) YES PARTNERSHIPS; ENTRY INTO STEM FIELDS.—Part E 
of title III (20 U.S.C. 1067 et seq.) is amended— 
(1) by redesignating subpart 2 as subpart 3; and 
(2) by inserting after subpart 1 the following new subpart: 
‘‘Subpart 2—Programs in STEM Fields 
‘‘SEC. 355. YES PARTNERSHIPS GRANT PROGRAM. 
‘‘(a) GRANT PROGRAM AUTHORIZED.—Subject to the availability 
of appropriations to carry out this subpart, the Secretary shall 
make grants to eligible partnerships (as described in subsection 
(f)) to support the engagement of underrepresented minority youth 
and youth who are low-income individuals (as such term is defined 
in section 302) in science, technology, engineering, and mathematics 
through outreach and hands-on, experiential-based learning projects 
that encourage students in kindergarten through grade 12 who 
are underrepresented minority youth or low-income individuals to 
20 USC 1067e. 
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122 STAT. 3183 
PUBLIC LAW 110–315—AUG. 14, 2008 
pursue careers in science, technology, engineering, and mathe-
matics. 
‘‘(b) MINIMUM GRANT AMOUNT.—A grant awarded to a partner-
ship under this subpart shall be for an amount that is not less 
than $500,000. 
‘‘(c) DURATION.—A grant awarded under this subpart shall be 
for a period of five years. 
‘‘(d) NON-FEDERAL MATCHING SHARE REQUIRED.—A partnership 
receiving a grant under this subpart shall provide, from non-Federal 
sources, in cash or in-kind, an amount equal to 50 percent of 
the costs of the project supported by such grant. 
‘‘(e) DISTRIBUTION OF GRANTS.—In awarding grants under this 
subpart, the Secretary shall ensure that, to the maximum extent 
practicable, the projects funded under this subpart are located 
in diverse geographic regions of the United States. 
‘‘(f) ELIGIBLE
PARTNERSHIPS.—Notwithstanding the general 
eligibility provision in section 361, eligibility to receive grants under 
this subpart is limited to partnerships described in paragraph (5) 
of such section. 
‘‘SEC. 356. PROMOTION OF ENTRY INTO STEM FIELDS. 
‘‘(a) AUTHORITY TO CONTRACT, SUBJECT TO APPROPRIATIONS.— 
The Secretary is authorized to enter into a contract with a firm 
with a demonstrated record of success in advertising to implement 
a campaign to expand the population of qualified individuals in 
science, technology, engineering, and mathematics fields (referred 
to in this section as ‘STEM fields’) by encouraging young Americans 
to enter such fields. 
‘‘(b) DESIGN OF CAMPAIGN.—The campaign under this section 
shall be designed to enhance the image of education and professions 
in the STEM fields and promote participation in the STEM fields, 
and may include— 
‘‘(1) monitoring trends in youths’ attitudes toward pursuing 
education and professions in the STEM fields and their propen-
sity toward entering the STEM fields; 
‘‘(2) determining what factors contribute to encouraging 
and discouraging Americans from pursuing study in STEM 
fields and entering the STEM fields professionally; 
‘‘(3) determining what specific factors limit the participation 
of groups currently underrepresented in STEM fields, including 
Latinos, African-Americans, and women; and 
‘‘(4) drawing from the market research performed under 
this section and implementing an advertising campaign to 
encourage young Americans to take up studies in STEM fields, 
beginning at an early age. 
‘‘(c) REQUIRED COMPONENTS.—The campaign under this section 
shall— 
‘‘(1) include components that focus tailored messages on 
appropriate age groups, starting with elementary school stu-
dents; and 
‘‘(2) link participation in the STEM fields to the concept 
of service to one’s country, so that young people will be encour-
aged to enter the STEM fields in order fulfill the obligation 
to be of service to their country. 
‘‘(d) PRIORITY.—The campaign under this section shall hold 
as a high priority making specific appeals to Hispanic Americans, 
African Americans, Native Americans, students with disabilities, 
20 USC 1067e–1. 
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122 STAT. 3184 
PUBLIC LAW 110–315—AUG. 14, 2008 
and women, who are currently underrepresented in the STEM 
fields, in order to increase their numbers in the STEM fields, 
and shall tailor recruitment efforts to each specific group. 
‘‘(e) USE
OF VARIETY
OF MEDIA.—The campaign under this 
section shall make use of a variety of media, with an emphasis 
on television advertising, to reach its intended audience. 
‘‘(f) TEACHING.—The campaign under this section shall include 
a narrowly focused effort to attract current professionals in the 
STEM fields, through advertising in mediums likely to reach that 
specific group, into teaching in a STEM field in elementary schools 
and secondary schools. 
‘‘SEC. 357. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘The Secretary shall develop an evaluation and accountability 
plan for projects funded under this subpart. Such plan shall include, 
if the Secretary determines that it is practical, an objective measure 
of the impact of such projects, such as a measure of whether 
underrepresented minority student enrollment in courses related 
to science, technology, engineering, and mathematics increases at 
the secondary and postsecondary levels.’’. 
(b) ELIGIBILITY FOR GRANTS.—Section 361 (20 U.S.C. 1067g) 
is amended— 
(1) by striking ‘‘or’’ at the end of paragraph (3)(B); 
(2) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘institutions of 
higher education’’ and inserting ‘‘public and private non-
profit institutions of higher education’’; 
(B) in subparagraph (C), by inserting before the semi-
colon the following: ‘‘, the Department of Defense, or the 
National Institutes of Health’’; 
(C) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) relevant offices of the National Aeronautics and 
Space Administration, National Oceanic and Atmospheric 
Administration, National Science Foundation, and National 
Institute of Standards and Technology;’’; 
(D) by striking the period at the end of subparagraph 
(E) and inserting ‘‘; or’’; and 
(E) by adding at the end the following: 
‘‘(F) institutions of higher education that have State- 
sponsored centers for research in science, technology, 
engineering, and mathematics; or’’; and 
(3) by adding at the end the following: 
‘‘(5) only with respect to grants under subpart 2, partner-
ships of organizations, the membership of which shall include— 
‘‘(A) at least one institution of higher education eligible 
for assistance under this title or title V; 
‘‘(B) at least one high-need local educational agency 
(as defined in section 200); and 
‘‘(C) at least two community organizations or entities, 
such as businesses, professional associations, community- 
based organizations, philanthropic organizations, or State 
agencies.’’. 
20 USC 1067e–2. 
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122 STAT. 3185 
PUBLIC LAW 110–315—AUG. 14, 2008 
SEC. 316. INVESTING IN HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITU-
TIONS. 
(a) REDESIGNATION AND RELOCATION.—The Act (20 U.S.C. 1001 
et seq.) is further amended— 
(1) by redesignating part F of title III as part G of title 
III; 
(2) by redesignating part J of title IV (as added by section 
802 of the College Cost Reduction and Access Act) as part 
F of title III, and moving such part so that such part follows 
part E of title III; and 
(3) by redesignating section 499A (as added by section 
802 of such Act) as section 371. 
(b) CONFORMING AMENDMENTS.—Section 371 (as redesignated 
by subsection (a)(3)) is amended— 
(1) in subsection (b)(2)(C)(i), by striking ‘‘title III’’ each 
place the term appears and inserting ‘‘this title’’; and 
(2) in subsection (c)(9)(F), by striking ‘‘title III’’ and 
inserting ‘‘this title’’. 
(c) AVAILABILITY OF FUNDS.—Paragraph (1) of section 371(b) 
(as redesignated by subsection (a)(3)) is amended to read as follows: 
‘‘(1) IN GENERAL.— 
‘‘(A) PROVISION OF FUNDS.—There shall be available 
to the Secretary to carry out this section, from funds in 
the Treasury not otherwise appropriated, $255,000,000 for 
each of the fiscal years 2008 and 2009. The authority 
to award grants under this section shall expire at the 
end of fiscal year 2009. 
‘‘(B) AVAILABILITY.—Funds made available under 
subparagraph (A) for a fiscal year shall remain available 
for the next succeeding fiscal year.’’. 
SEC. 317. TECHNICAL ASSISTANCE. 
Section 391 (20 U.S.C. 1068) is amended by adding at the 
end the following: 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary, directly or by 
grant or contract, may provide technical assistance to eligible 
institutions to prepare the institutions to qualify, apply for, and 
maintain a grant, under this title.’’. 
SEC. 318. WAIVER AUTHORITY. 
Section 392 (20 U.S.C. 1068a) is amended by adding at the 
end the following: 
‘‘(c) WAIVER
AUTHORITY
WITH
RESPECT
TO
INSTITUTIONS 
LOCATED IN AN AREA AFFECTED BY A GULF HURRICANE DISASTER.— 
‘‘(1) WAIVER AUTHORITY.—Notwithstanding any other provi-
sion of law, unless enacted with specific reference to this sec-
tion, for any affected institution that was receiving assistance 
under this title at the time of a Gulf hurricane disaster, the 
Secretary shall, for each of the fiscal years 2009 through 2011 
(and may, for each of the fiscal years 2012 and 2013)— 
‘‘(A) waive— 
‘‘(i) the eligibility data requirements set forth in 
section 391(d); 
‘‘(ii) the wait-out period set forth in section 313(d); 
‘‘(iii) the allotment requirements under section 324; 
and 
Expiration date. 
20 USC 1067q. 
20 USC 1099e. 
20 USC 1066 
et seq. 
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122 STAT. 3186 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iv) the use of the funding formula developed 
pursuant to section 326(f)(3); 
‘‘(B) waive or modify any statutory or regulatory provi-
sion to ensure that affected institutions that were receiving 
assistance under this title at the time of a Gulf hurricane 
disaster are not adversely affected by any formula calcula-
tion for fiscal year 2009 or for any of the four succeeding 
fiscal years, as necessary; and 
‘‘(C) make available to each affected institution an 
amount that is not less than the amount made available 
to such institution under this title for fiscal year 2006, 
except that for any fiscal year for which the funds appro-
priated for payments under this title are less than the 
appropriated level for fiscal year 2006, the amount made 
available to such institutions shall be ratably reduced 
among the institutions receiving funds under this title. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) 
AFFECTED
INSTITUTION.—The 
term 
‘affected 
institution’ means an institution of higher education that— 
‘‘(i) is— 
‘‘(I) a part A institution (which term shall 
have the meaning given the term ‘eligible institu-
tion’ under section 312(b)); or 
‘‘(II) a part B institution, as such term is 
defined in section 322(2), or as identified in section 
326(e); 
‘‘(ii) is located in an area affected by a Gulf hurri-
cane disaster; and 
‘‘(iii) is able to demonstrate that, as a result of 
the impact of a Gulf hurricane disaster, the institu-
tion— 
‘‘(I) incurred physical damage; 
‘‘(II) has pursued collateral source compensa-
tion from insurance, the Federal Emergency 
Management Agency, and the Small Business 
Administration, as appropriate; and 
‘‘(III) was not able to fully reopen in existing 
facilities or to fully reopen to the pre-hurricane 
enrollment levels during the 30-day period begin-
ning on August 29, 2005. 
‘‘(B) AREA AFFECTED BY A GULF HURRICANE DISASTER; 
GULF HURRICANE DISASTER.—The terms ‘area affected by 
a Gulf hurricane disaster’ and ‘Gulf hurricane disaster’ 
have the meanings given such terms in section 209 of 
the Higher Education Hurricane Relief Act of 2005 (Public 
Law 109–148, 119 Stat. 2809).’’. 
SEC. 319. AUTHORIZATION OF APPROPRIATIONS. 
Section 399(a) (20 U.S.C. 1068h(a)) is amended to read as 
follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PART A.—(A) There are authorized to be appropriated 
to carry out part A (other than sections 316 through 320), 
$135,000,000 for fiscal year 2009, and such sums as may be 
necessary for each of the five succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated to carry out 
section 316, $30,000,000 for fiscal year 2009, and such sums 
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122 STAT. 3187 
PUBLIC LAW 110–315—AUG. 14, 2008 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(C) There are authorized to be appropriated to carry out 
section 317, $15,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(D) There are authorized to be appropriated to carry out 
section 318, $75,000,000 for fiscal year 2009 and each of the 
five succeeding fiscal years. 
‘‘(E) There are authorized to be appropriated to carry out 
section 319, $25,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(F) There are authorized to be appropriated to carry out 
section 320, $30,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(2) PART B.—(A) There are authorized to be appropriated 
to carry out part B (other than section 326), $375,000,000 
for fiscal year 2009, and such sums as may be necessary for 
each of the five succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated to carry out 
section 326, $125,000,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(3) PART C.—There are authorized to be appropriated to 
carry out part C, $10,000,000 for fiscal year 2009, and such 
sums as may be necessary for each of the five succeeding 
fiscal years. 
‘‘(4) PART D.—(A) There are authorized to be appropriated 
to carry out part D (other than section 345(9), but including 
section 347), $185,000 for fiscal year 2009, and such sums 
as may be necessary for each of the five succeeding fiscal 
years. 
‘‘(B) There are authorized to be appropriated to carry out 
section 345(9) such sums as may be necessary for fiscal year 
2009 and each of the five succeeding fiscal years. 
‘‘(5) PART E.—(A) There are authorized to be appropriated 
to carry out subpart 1 of part E, $12,000,000 for fiscal year 
2009, and such sums as may be necessary for each of the 
five succeeding fiscal years. 
‘‘(B) There are authorized to be appropriated to carry out 
subpart 2 of part E, such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years.’’. 
SEC. 320. TECHNICAL CORRECTIONS. 
Title III (20 U.S.C. 1051 et seq.) is further amended— 
(1) in section 342(5) (20 U.S.C. 1066a(5))— 
(A) in the matter preceding subparagraph (A), by 
inserting a comma after ‘‘344(b)’’; and 
(B) in subparagraph (C), by striking ‘‘equipment tech-
nology,,’’ and inserting ‘‘equipment, technology,’’; 
(2) in section 343(e) (20 U.S.C. 1066b(e)), by inserting ‘‘SALE 
OF QUALIFIED BONDS.—’’ before ‘‘Notwithstanding’’; 
(3) in the matter preceding clause (i) of section 365(9)(A) 
(20 U.S.C. 1067k(9)(A)), by striking ‘‘support’’ and inserting 
‘‘supports’’; 
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122 STAT. 3188 
PUBLIC LAW 110–315—AUG. 14, 2008 
(4) in section 391(b)(7)(E) (20 U.S.C. 1068(b)(7)(E)), by 
striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (D)’’; 
(5) in the matter preceding subparagraph (A) of section 
392(b)(2) (20 U.S.C. 1068a(b)(2)), by striking ‘‘eligible institu-
tions under part A institutions’’ and inserting ‘‘eligible institu-
tions under part A’’; and 
(6) in the matter preceding paragraph (1) of section 396 
(20 U.S.C. 1068e), by striking ‘‘360’’ and inserting ‘‘399’’. 
TITLE IV—STUDENT ASSISTANCE 
PART A—GRANTS TO STUDENTS IN ATTEND-
ANCE AT INSTITUTIONS OF HIGHER EDU-
CATION 
SEC. 401. FEDERAL PELL GRANTS. 
(a) AUTHORIZED MAXIMUMS.— 
(1) AMENDMENTS.—Section 401(b) (20 U.S.C. 1070a(b)) is 
amended— 
(A) by amending paragraph (2)(A) to read as follows: 
‘‘(2)(A) The amount of the Federal Pell Grant for a student 
eligible under this part shall be— 
‘‘(i) $6,000 for academic year 2009–2010; 
‘‘(ii) $6,400 for academic year 2010–2011; 
‘‘(iii) $6,800 for academic year 2011–2012; 
‘‘(iv) $7,200 for academic year 2012–2013; 
‘‘(v) $7,600 for academic year 2013–2014; and 
‘‘(vi) $8,000 for academic year 2014–2015, 
less an amount equal to the amount determined to be the expected 
family contribution with respect to that student for that year.’’; 
(B) by designating the paragraphs following paragraph 
(2), in the order in which such paragraphs appear, as 
paragraphs (3) through (8); 
(C) in paragraph (4) (as designated by subparagraph 
(B)), by striking ‘‘$400, except’’ and all that follows through 
the period and inserting ‘‘ten percent of the maximum 
basic grant level specified in the appropriate appropriation 
Act for such academic year, except that a student who 
is eligible for a Federal Pell Grant in an amount that 
is equal to or greater than five percent of such level but 
less than ten percent of such level shall be awarded a 
Federal Pell grant in the amount of ten percent of such 
level.’’; 
(D) by striking paragraph (5) (as designated by 
subparagraph (B)) and inserting the following: 
‘‘(5)(A) The Secretary shall award a student not more than 
two Federal Pell Grants during a single award year to permit 
such student to accelerate the student’s progress toward a 
degree or certificate if the student is enrolled— 
‘‘(i) on at least a half-time basis for a period of more 
than one academic year, or more than two semesters or 
an equivalent period of time, during a single award year; 
and 
‘‘(ii) in a program of instruction at an institution of 
higher education for which the institution awards an asso-
ciate or baccalaureate degree or a certificate. 
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122 STAT. 3189 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) In the case of a student receiving more than one 
Federal Pell Grant in a single award year under subparagraph 
(A), the total amount of Federal Pell Grants awarded to such 
student for the award year may exceed the maximum basic 
grant level specified in the appropriate appropriations Act for 
such award year.’’; 
(E) in paragraph (7) (as designated by subparagraph 
(B)), by inserting before the period the following: ‘‘or who 
is subject to an involuntary civil commitment upon comple-
tion of a period of incarceration for a forcible or nonforcible 
sexual offense (as determined in accordance with the Fed-
eral Bureau of Investigation’s Uniform Crime Reporting 
Program)’’; and 
(F) in paragraph (8) (as designated by subparagraph 
(B))— 
(i) by amending subparagraph (D) to read as fol-
lows: 
‘‘(D) PROGRAM REQUIREMENTS AND OPERATIONS OTHER-
WISE UNAFFECTED.—Except as provided in subparagraphs 
(B) and (C), nothing in this paragraph shall be construed 
to alter the requirements and operations of the Federal 
Pell Grant Program as authorized under this section, or 
authorize the imposition of additional requirements or oper-
ations for the determination and allocation of Federal Pell 
Grants under this section.’’; and 
(ii) by amending subparagraph (F) to read as fol-
lows: 
‘‘(F) AVAILABILITY
OF
FUNDS.—The amounts made 
available by subparagraph (A) for any fiscal year shall 
be available beginning on October 1 of that fiscal year, 
and shall remain available through September 30 of the 
succeeding fiscal year.’’. 
(2) EFFECTIVE DATE.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the amendments made by paragraph (1) shall take 
effect on July 1, 2009. 
(B) 
SPECIAL
RULE.—The 
amendments 
made 
by 
subparagraph (F) of paragraph (1) shall take effect on 
the date of enactment of this Act. 
(b) MAXIMUM DURATION
OF ELIGIBILITY.—Section 401(c) (20 
U.S.C. 1070a(c)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) The period during which a student may receive Federal 
Pell Grants shall not exceed 18 semesters, or the equivalent of 
18 semesters, as determined by the Secretary by regulation. Such 
regulations shall provide, with respect to a student who received 
a Federal Pell Grant for a term but was enrolled at a fraction 
of full-time, that only that same fraction of such semester or equiva-
lent shall count towards such duration limits. The provisions of 
this paragraph shall apply only to a student who receives a Federal 
Pell Grant for the first time on or after July 1, 2008.’’. 
(c) CALCULATION OF FEDERAL PELL GRANT ELIGIBILITY.— 
(1) AMENDMENT.—Section 401(f) (20 U.S.C. 1070a(f)) is 
amended by adding at the end the following new paragraph: 
‘‘(4)(A) Notwithstanding paragraph (1) or any other provision 
of this section, the expected family contribution of each student 
described in subparagraph (B) shall be deemed to be zero for the 
Applicability. 
Regulations. 
20 USC 1070a 
note. 
Time period. 
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122 STAT. 3190 
PUBLIC LAW 110–315—AUG. 14, 2008 
period during which each such student is eligible to receive a 
Federal Pell Grant under subsection (c). 
‘‘(B) Subparagraph (A) shall apply to any student at an institu-
tion of higher education— 
‘‘(i) whose parent or guardian was a member of the Armed 
Forces of the United States who died as a result of performing 
military service in Iraq or Afghanistan after September 11, 
2001; and 
‘‘(ii) who was less than 24 years of age, or was enrolled 
as a full-time or part-time student at an institution of higher 
education, as of the time of the parent or guardian’s death. 
‘‘(C) Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs and the Secretary of Defense, as appropriate, 
shall provide the Secretary of Education with information necessary 
to determine which students meet the requirements of subpara-
graph (B).’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on July 1, 2009. 
SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. 
(a) AMENDMENTS.— 
(1) IN GENERAL.—Section 401A (as amended by Public Law 
110–227) (20 U.S.C. 1070a–1) is amended— 
(A) in subsection (c)(3)— 
(i) in subparagraph (A), by striking clause (i) and 
inserting the following: 
‘‘(i)(I) successfully completes, after January 1, 
2006, but before July 1, 2009, a rigorous secondary 
school program of study established by a State or local 
educational agency and recognized as such by the Sec-
retary; or 
‘‘(II) successfully completes, on or after July 1, 
2009, a rigorous secondary school program of study 
that prepares students for college— 
‘‘(aa)(AA) that is recognized as such by the 
official designated for such recognition consistent 
with State law; and 
‘‘(BB) about which the designated official has 
reported to the Secretary, at such time as the 
Secretary may reasonably require, in order to 
assist financial aid administrators to determine 
that the student is an eligible student under this 
section; or 
‘‘(bb) that is recognized as such by the Sec-
retary in regulations promulgated to carry out this 
section, as such regulations were in effect on May 
6, 2008; and’’; and 
(ii) in subparagraph (B), by striking clause (i) and 
inserting the following: 
‘‘(i)(I) successfully completes, after January 1, 
2005, but before July 1, 2009, a rigorous secondary 
school program of study established by a State or local 
educational agency and recognized as such by the Sec-
retary; or 
‘‘(II) successfully completes, on or after July 1, 
2009, a rigorous secondary school program of study 
that prepares students for college— 
20 USC 1070a 
note. 
Applicability. 
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122 STAT. 3191 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(aa)(AA) that is recognized as such by the 
official designated for such recognition consistent 
with State law; and 
‘‘(BB) about which the designated official has 
reported to the Secretary, at such time as the 
Secretary may reasonably require, in order to 
assist financial aid administrators to determine 
that the student is an eligible student under this 
section; or 
‘‘(bb) that is recognized as such by the Sec-
retary in regulations promulgated to carry out this 
section, as such regulations were in effect on May 
6, 2008; and’’; and 
(B) by amending subsection (e)(2) to read as follows: 
‘‘(2) AVAILABILITY OF FUNDS.—The amounts made available 
by paragraph (1) for any fiscal year shall be available from 
October 1 of that fiscal year and remain available through 
September 30 of the succeeding fiscal year.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(B) shall take effect on October 1, 2008. 
(3) EFFECTIVE
DATE
AMENDMENT.—Section 10(b) of the 
Ensuring Continued Access to Student Loans Act of 2008 is 
amended by striking ‘‘January 1’’ and inserting ‘‘July 1’’. 
(b) WAIVER
OF MASTER CALENDAR
AND NEGOTIATED RULE-
MAKING REQUIREMENTS.—Sections 482 and 492 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1089, 1098a) shall not apply to 
the amendments made by subsection (a), or to any regulations 
promulgated under those amendments. 
(c) RELATED AMENDMENT TO THE ENSURING CONTINUED ACCESS 
TO STUDENT LOANS ACT OF 2008.— 
(1) AMENDMENT.—Section 11 of the Ensuring Continued 
Access to Student Loans Act of 2008 is amended by striking 
‘‘sections 2 through 9 of’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect as if enacted as part of the Ensuring 
Continued Access to Student Loans Act of 2008. 
SEC. 403. FEDERAL TRIO PROGRAMS. 
(a) PROGRAM
AUTHORITY; AUTHORIZATION
OF
APPROPRIA-
TIONS.—Section 402A (20 U.S.C. 1070a–11) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) 
by 
inserting 
‘‘including 
community-based 
organizations with experience in serving disadvantaged 
youth’’ after ‘‘private agencies and organizations’’; and 
(ii) by striking ‘‘in exceptional circumstances’’ and 
inserting ‘‘, as appropriate to the purposes of the pro-
gram’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
striking ‘‘4’’ and inserting ‘‘5’’; and 
(ii) by amending subparagraph (A) to read as fol-
lows: 
‘‘(A) in order to synchronize the awarding of grants 
for programs under this chapter, the Secretary may, under 
such terms as are consistent with the purposes of this 
20 USC 1089 
note. 
20 USC 1089 
note. 
20 USC 1089 
note. 
20 USC 
1070a–1 note. 
20 USC 
1070a–1 note. 
Regulations. 
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122 STAT. 3192 
PUBLIC LAW 110–315—AUG. 14, 2008 
chapter, provide a one-time, limited extension of the length 
of such an award;’’; and 
(C) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) MINIMUM GRANTS.—Unless the institution or agency 
requests a smaller amount, an individual grant authorized 
under this chapter shall be awarded in an amount that is 
not less than $200,000, except that an individual grant author-
ized under section 402G shall be awarded in an amount that 
is not less than $170,000.’’; 
(2) in subsection (c)— 
(A) in paragraph (2)— 
(i) by striking ‘‘(2) PRIOR
EXPERIENCE.—In’’ and 
inserting the following: 
‘‘(2) CONSIDERATIONS.— 
‘‘(A) PRIOR EXPERIENCE.—In’’; 
(ii) by striking ‘‘service delivery’’ and inserting 
‘‘high quality service delivery, as determined under 
subsection (f),’’; and 
(iii) by adding at the end the following new 
subparagraph: 
‘‘(B) PARTICIPANT NEED.—In making grants under this 
chapter, the Secretary shall consider the number, percent-
ages, and needs of eligible participants in the area, institu-
tion of higher education, or secondary school to be served 
to aid such participants in preparing for, enrolling in, or 
succeeding in postsecondary education, as appropriate to 
the particular program for which the eligible entity is 
applying.’’; 
(B) in paragraph (3)(B), by striking ‘‘is not required 
to’’ and inserting ‘‘shall not’’; 
(C) in paragraph (5), by striking ‘‘campuses’’ and 
inserting ‘‘different campuses’’; 
(D) in paragraph (6), by adding at the end the following 
new sentence: ‘‘The Secretary shall, as appropriate, require 
each applicant for funds under the programs authorized 
by this chapter to identify and make available services 
under such program, including mentoring, tutoring, and 
other services provided by such program, to foster care 
youth (including youth in foster care and youth who have 
left foster care after reaching age 13) or to homeless chil-
dren and youths as defined in section 725 of the McKinney- 
Vento Homeless Assistance Act.’’; and 
(E) by adding at the end the following: 
‘‘(8) REVIEW AND NOTIFICATION BY THE SECRETARY.— 
‘‘(A) GUIDANCE.—Not later than 180 days after the 
date of enactment of the Higher Education Opportunity 
Act, the Secretary shall issue nonregulatory guidance 
regarding the rights and responsibilities of applicants with 
respect to the application and evaluation process for pro-
grams and projects assisted under this chapter, including 
applicant access to peer review comments. The guidance 
shall describe the procedures for the submission, proc-
essing, and scoring of applications for grants under this 
chapter, including— 
‘‘(i) the responsibility of applicants to submit mate-
rials in a timely manner and in accordance with the 
Deadline. 
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122 STAT. 3193 
PUBLIC LAW 110–315—AUG. 14, 2008 
processes established by the Secretary under the 
authority of the General Education Provisions Act; 
‘‘(ii) steps the Secretary will take to ensure that 
the materials submitted by applicants are processed 
in a proper and timely manner; 
‘‘(iii) steps the Secretary will take to ensure that 
prior experience points for high quality service delivery 
are awarded in an accurate and transparent manner; 
‘‘(iv) steps the Secretary will take to ensure the 
quality and integrity of the peer review process, 
including assurances that peer reviewers will consider 
applications for grants under this chapter in a thorough 
and complete manner consistent with applicable Fed-
eral law; and 
‘‘(v) steps the Secretary will take to ensure that 
the final score of an application, including prior experi-
ence points for high quality service delivery and points 
awarded through the peer review process, is deter-
mined in an accurate and transparent manner. 
‘‘(B) UPDATED
GUIDANCE.—Not later than 45 days 
before the date of the commencement of each competition 
for a grant under this chapter that is held after the expira-
tion of the 180-day period described in subparagraph (A), 
the Secretary shall update and publish the guidance 
described in such subparagraph. 
‘‘(C) REVIEW.— 
‘‘(i) IN GENERAL.—With respect to any competition 
for a grant under this chapter, an applicant may 
request a review by the Secretary if the applicant— 
‘‘(I) has evidence of a specific technical, 
administrative, or scoring error made by the 
Department, an agent of the Department, or a 
peer reviewer, with respect to the scoring or proc-
essing of a submitted application; and 
‘‘(II) has otherwise met all of the requirements 
for submission of the application. 
‘‘(ii) TECHNICAL OR ADMINISTRATIVE ERROR.—In the 
case of evidence of a technical or administrative error 
listed in clause (i)(I), the Secretary shall review such 
evidence and provide a timely response to the 
applicant. If the Secretary determines that a technical 
or administrative error was made by the Department 
or an agent of the Department, the application of the 
applicant shall be reconsidered in the peer review 
process for the applicable grant competition. 
‘‘(iii) SCORING ERROR.—In the case of evidence of 
a scoring error listed in clause (i)(I), when the error 
relates to either prior experience points for high quality 
service delivery or to the final score of an application, 
the Secretary shall— 
‘‘(I) review such evidence and provide a timely 
response to the applicant; and 
‘‘(II) if the Secretary determines that a scoring 
error was made by the Department or a peer 
reviewer, adjust the prior experience points or final 
score of the application appropriately and quickly, 
Deadline. 
Publication. 
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122 STAT. 3194 
PUBLIC LAW 110–315—AUG. 14, 2008 
so as not to interfere with the timely awarding 
of grants for the applicable grant competition. 
‘‘(iv) ERROR IN PEER REVIEW PROCESS.— 
‘‘(I) REFERRAL TO SECONDARY REVIEW.—In the 
case of a peer review process error listed in clause 
(i)(I), if the Secretary determines that points were 
withheld for criteria not required in Federal 
statute, regulation, or guidance governing a pro-
gram assisted under this chapter or the application 
for a grant for such program, or determines that 
information pertaining to selection criteria was 
wrongly determined missing from an application 
by a peer reviewer, then the Secretary shall refer 
the application to a secondary review panel. 
‘‘(II) TIMELY REVIEW; REPLACEMENT SCORE.— 
The secondary review panel described in subclause 
(I) shall conduct a secondary review in a timely 
fashion, and the score resulting from the secondary 
review shall replace the score from the initial peer 
review. 
‘‘(III) COMPOSITION
OF
SECONDARY
REVIEW 
PANEL.—The secondary review panel shall be com-
posed of reviewers each of whom— 
‘‘(aa) did not review the application in the 
original peer review; 
‘‘(bb) is a member of the cohort of peer 
reviewers for the grant program that is the 
subject of such secondary review; and 
‘‘(cc) to extent practicable, has conducted 
peer reviews in not less than two previous 
competitions for the grant program that is 
the subject of such secondary review. 
‘‘(IV) FINAL
SCORE.—The final peer review 
score of an application subject to a secondary 
review under this clause shall be adjusted appro-
priately and quickly using the score awarded by 
the secondary review panel, so as not to interfere 
with the timely awarding of grants for the 
applicable grant competition. 
‘‘(V) QUALIFICATION FOR SECONDARY REVIEW.— 
To qualify for a secondary review under this clause, 
an applicant shall have evidence of a scoring error 
and demonstrate that— 
‘‘(aa) points were withheld for criteria not 
required in statute, regulation, or guidance 
governing the Federal TRIO programs or the 
application for a grant for such programs; or 
‘‘(bb) information pertaining to selection 
criteria was wrongly determined to be missing 
from the application. 
‘‘(v) FINALITY.— 
‘‘(I) IN GENERAL.—A determination by the Sec-
retary under clause (i), (ii), or (iii) shall not be 
reviewable by any officer or employee of the 
Department. 
‘‘(II) SCORING.—The score awarded by a sec-
ondary review panel under clause (iv) shall not 
Panel. 
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122 STAT. 3195 
PUBLIC LAW 110–315—AUG. 14, 2008 
be reviewable by any officer or employee of the 
Department other than the Secretary. 
‘‘(vi) FUNDING
OF
APPLICATIONS
WITH
CERTAIN 
ADJUSTED SCORES.—To the extent feasible based on 
the availability of appropriations, the Secretary shall 
fund applications with scores that are adjusted upward 
under clauses (ii), (iii), and (iv) to equal or exceed 
the minimum cut off score for the applicable grant 
competition.’’; 
(3) in subsection (e)— 
(A) by striking ‘‘(g)(2)’’ each place it appears and 
inserting ‘‘(h)(4)’’; and 
(B) by adding at the end the following new paragraph: 
‘‘(3) Notwithstanding this subsection and subsection (h)(4), 
individuals who are foster care youth (including youth in foster 
care and youth who have left foster care after reaching age 13), 
or homeless children and youths as defined in section 725 of the 
McKinney-Vento Homeless Assistance Act, shall be eligible to 
participate in programs under sections 402B, 402C, 402D, and 
402F.’’; 
(4) by redesignating subsections (f) and (g) as subsections 
(g) and (h), respectively; 
(5) by inserting after subsection (e) the following: 
‘‘(f) OUTCOME CRITERIA.— 
‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINATION.—For com-
petitions for grants under this chapter that begin on or after 
January 1, 2009, the Secretary shall determine an eligible 
entity’s prior experience of high quality service delivery, as 
required under subsection (c)(2), based on the outcome criteria 
described in paragraphs (2) and (3). 
‘‘(2) DISAGGREGATION
OF
RELEVANT
DATA.—The outcome 
criteria under this subsection shall be disaggregated by low- 
income students, first generation college students, and individ-
uals with disabilities, in the schools and institutions of higher 
education served by the program to be evaluated. 
‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The outcome cri-
teria under this subsection shall measure, annually and for 
longer periods, the quality and effectiveness of programs 
authorized under this chapter and shall include the following: 
‘‘(A) For programs authorized under section 402B, the 
extent to which the eligible entity met or exceeded the 
entity’s objectives established in the entity’s application 
for such program regarding— 
‘‘(i) the delivery of service to a total number of 
students served by the program; 
‘‘(ii) the continued secondary school enrollment of 
such students; 
‘‘(iii) the graduation of such students from sec-
ondary school with a regular secondary school diploma 
in the standard number of years; 
‘‘(iv) the completion by such students of a rigorous 
secondary school program of study that will make such 
students eligible for programs such as the Academic 
Competitiveness Grants Program; 
‘‘(v) the enrollment of such students in an institu-
tion of higher education; and 
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122 STAT. 3196 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(vi) to the extent practicable, the postsecondary 
education completion of such students. 
‘‘(B) For programs authorized under section 402C, the 
extent to which the eligible entity met or exceeded the 
entity’s objectives for such program regarding— 
‘‘(i) the delivery of service to a total number of 
students served by the program, as agreed upon by 
the entity and the Secretary for the period; 
‘‘(ii) such students’ school performance, as meas-
ured by the grade point average, or its equivalent; 
‘‘(iii) such students’ academic performance, as 
measured by standardized tests, including tests 
required by the students’ State; 
‘‘(iv) the retention in, and graduation from, sec-
ondary school of such students; 
‘‘(v) the completion by such students of a rigorous 
secondary school program of study that will make such 
students eligible for programs such as the Academic 
Competitiveness Grants Program; 
‘‘(vi) the enrollment of such students in an institu-
tion of higher education; and 
‘‘(vii) to the extent practicable, the postsecondary 
education completion of such students. 
‘‘(C) For programs authorized under section 402D— 
‘‘(i) the extent to which the eligible entity met 
or exceeded the entity’s objectives regarding the reten-
tion in postsecondary education of the students served 
by the program; 
‘‘(ii)(I) in the case of an entity that is an institution 
of higher education offering a baccalaureate degree, 
the extent to which the entity met or exceeded the 
entity’s objectives regarding the percentage of such 
students’ completion of the degree programs in which 
such students were enrolled; or 
‘‘(II) in the case of an entity that is an institution 
of higher education that does not offer a baccalaureate 
degree, the extent to which such students met or 
exceeded the entity’s objectives regarding— 
‘‘(aa) the completion of a degree or certificate 
by such students; and 
‘‘(bb) the transfer of such students to institu-
tions of higher education that offer baccalaureate 
degrees; 
‘‘(iii) the extent to which the entity met or exceeded 
the entity’s objectives regarding the delivery of service 
to a total number of students, as agreed upon by the 
entity and the Secretary for the period; and 
‘‘(iv) the extent to which the entity met or exceeded 
the entity’s objectives regarding the students served 
under the program who remain in good academic 
standing. 
‘‘(D) For programs authorized under section 402E, the 
extent to which the entity met or exceeded the entity’s 
objectives for such program regarding— 
‘‘(i) the delivery of service to a total number of 
students served by the program, as agreed upon by 
the entity and the Secretary for the period; 
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122 STAT. 3197 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) the provision of appropriate scholarly and 
research activities for the students served by the pro-
gram; 
‘‘(iii) the acceptance and enrollment of such stu-
dents in graduate programs; and 
‘‘(iv) the continued enrollment of such students 
in graduate study and the attainment of doctoral 
degrees by former program participants. 
‘‘(E) For programs authorized under section 402F, the 
extent to which the entity met or exceeded the entity’s 
objectives for such program regarding— 
‘‘(i) the enrollment of students without a secondary 
school diploma or its recognized equivalent, who were 
served by the program, in programs leading to such 
diploma or equivalent; 
‘‘(ii) the enrollment of secondary school graduates 
who were served by the program in programs of post-
secondary education; 
‘‘(iii) the delivery of service to a total number of 
students served by the program, as agreed upon by 
the entity and the Secretary for the period; and 
‘‘(iv) the provision of assistance to students served 
by the program in completing financial aid applications 
and college admission applications. 
‘‘(4) MEASUREMENT OF PROGRESS.—In order to determine 
the extent to which each outcome criterion described in para-
graph (2) or (3) is met or exceeded, the Secretary shall compare 
the agreed upon target for the criterion, as established in 
the eligible entity’s application approved by the Secretary, with 
the results for the criterion, measured as of the last day of 
the applicable time period for the determination for the outcome 
criterion.’’; 
(6) in subsection (g) (as redesignated by paragraph (4))— 
(A) in the first sentence, by striking ‘‘$700,000,000 
for fiscal year 1999’’ and all that follows through the period 
and inserting ‘‘$900,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the five succeeding 
fiscal years.’’; and 
(B) by striking the fourth sentence; and 
(7) in subsection (h) (as redesignated by paragraph (4))— 
(A) by redesignating paragraphs (1) through (4) as 
paragraphs (3) through (6), respectively; 
(B) by inserting before paragraph (3) (as redesignated 
by subparagraph (A)) the following: 
‘‘(1) DIFFERENT
CAMPUS.—The term ‘different campus’ 
means a site of an institution of higher education that— 
‘‘(A) is geographically apart from the main campus 
of the institution; 
‘‘(B) is permanent in nature; and 
‘‘(C) offers courses in educational programs leading 
to a degree, certificate, or other recognized educational 
credential. 
‘‘(2) DIFFERENT
POPULATION.—The term ‘different popu-
lation’ means a group of individuals that an eligible entity 
desires to serve through an application for a grant under this 
chapter, and that— 
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122 STAT. 3198 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) is separate and distinct from any other population 
that the entity has applied for a grant under this chapter 
to serve; or 
‘‘(B) while sharing some of the same needs as another 
population that the eligible entity has applied for a grant 
under this chapter to serve, has distinct needs for special-
ized services.’’; 
(C) in paragraph (5) (as redesignated by subparagraph 
(A))— 
(i) in subparagraph (A)— 
(I) by striking ‘‘, any part of which occurred 
after January 31, 1955,’’; and 
(II) by striking ‘‘or’’ after the semicolon; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘after January 31, 1955,’’; and 
(II) by striking the period at the end and 
inserting a semicolon; and 
(iii) by adding at the end the following: 
‘‘(C) was a member of a reserve component of the 
Armed Forces called to active duty for a period of more 
than 30 days; or 
‘‘(D) was a member of a reserve component of the 
Armed Forces who served on active duty in support of 
a contingency operation (as that term is defined in section 
101(a)(13) of title 10, United States Code) on or after Sep-
tember 11, 2001.’’; and 
(D) in paragraph (6) (as redesignated by subparagraph 
(A)), by striking ‘‘subparagraph (A) or (B) of paragraph 
(3)’’ and inserting ‘‘subparagraph (A), (B), or (C) of para-
graph (5)’’. 
(b) TALENT SEARCH.—Section 402B (20 U.S.C. 1070a–12) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by inserting ‘‘, and facilitate the 
application for,’’ after ‘‘the availability of’’; and 
(B) in paragraph (3), by striking ‘‘, but who have the 
ability to complete such programs, to reenter’’ and inserting 
‘‘to enter or reenter, and complete’’; 
(2) by redesignating subsection (c) as subsection (d); 
(3) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—Any project assisted under this sec-
tion shall provide— 
‘‘(1) connections to high quality academic tutoring services, 
to enable students to complete secondary or postsecondary 
courses; 
‘‘(2) advice and assistance in secondary course selection 
and, if applicable, initial postsecondary course selection; 
‘‘(3) assistance in preparing for college entrance examina-
tions and completing college admission applications; 
‘‘(4)(A) information on the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(5) guidance on and assistance in— 
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122 STAT. 3199 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) secondary school reentry; 
‘‘(B) alternative education programs for secondary 
school dropouts that lead to the receipt of a regular sec-
ondary school diploma; 
‘‘(C) entry into general educational development (GED) 
programs; or 
‘‘(D) postsecondary education; and 
‘‘(6) connections to education or counseling services 
designed to improve the financial literacy and economic literacy 
of students or the students’ parents, including financial plan-
ning for postsecondary education. 
‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this 
section may provide services such as— 
‘‘(1) academic tutoring, which may include instruction in 
reading, writing, study skills, mathematics, science, and other 
subjects; 
‘‘(2) personal and career counseling or activities; 
‘‘(3) information and activities designed to acquaint youth 
with the range of career options available to the youth; 
‘‘(4) exposure to the campuses of institutions of higher 
education, as well as cultural events, academic programs, and 
other sites or activities not usually available to disadvantaged 
youth; 
‘‘(5) workshops and counseling for families of students 
served; 
‘‘(6) mentoring programs involving elementary or secondary 
school teachers or counselors, faculty members at institutions 
of higher education, students, or any combination of such per-
sons; and 
‘‘(7) programs and activities as described in subsection (b) 
or paragraphs (1) through (6) of this subsection that are spe-
cially designed for students who are limited English proficient, 
students from groups that are traditionally underrepresented 
in postsecondary education, students with disabilities, students 
who are homeless children and youths (as such term is defined 
in section 725 of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a)), students who are in foster care or 
are aging out of the foster care system, or other disconnected 
students.’’; and 
(4) in the matter preceding paragraph (1) of subsection 
(d) (as redesignated by paragraph (2)), by striking ‘‘talent search 
projects under this chapter’’ and inserting ‘‘projects under this 
section’’. 
(c) UPWARD BOUND.—Section 402C (20 U.S.C. 1070a–13) is 
amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—Any project assisted under this sec-
tion shall provide— 
‘‘(1) academic tutoring to enable students to complete sec-
ondary or postsecondary courses, which may include instruction 
in reading, writing, study skills, mathematics, science, and 
other subjects; 
‘‘(2) advice and assistance in secondary and postsecondary 
course selection; 
‘‘(3) assistance in preparing for college entrance examina-
tions and completing college admission applications; 
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122 STAT. 3200 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4)(A) information on the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(5) guidance on and assistance in— 
‘‘(A) secondary school reentry; 
‘‘(B) alternative education programs for secondary 
school dropouts that lead to the receipt of a regular sec-
ondary school diploma; 
‘‘(C) entry into general educational development (GED) 
programs; or 
‘‘(D) postsecondary education; and 
‘‘(6) education or counseling services designed to improve 
the financial literacy and economic literacy of students or the 
students’ parents, including financial planning for postsec-
ondary education.’’; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking ‘‘REQUIRED 
SERVICES’’ and inserting ‘‘ADDITIONAL REQUIRED SERVICES 
FOR MULTIPLE-YEAR GRANT RECIPIENTS’’; and 
(B) by striking ‘‘upward bound project assisted under 
this chapter’’ and inserting ‘‘project assisted under this 
section’’; 
(3) by redesignating subsections (d), (e), and (f) as sub-
sections (e), (f), and (g), respectively; 
(4) by inserting after subsection (c) the following: 
‘‘(d) PERMISSIBLE SERVICES.—Any project assisted under this 
section may provide such services as— 
‘‘(1) exposure to cultural events, academic programs, and 
other activities not usually available to disadvantaged youth; 
‘‘(2) information, activities, and instruction designed to 
acquaint youth participating in the project with the range of 
career options available to the youth; 
‘‘(3) on-campus residential programs; 
‘‘(4) mentoring programs involving elementary school or 
secondary school teachers or counselors, faculty members at 
institutions of higher education, students, or any combination 
of such persons; 
‘‘(5) work-study positions where youth participating in the 
project are exposed to careers requiring a postsecondary degree; 
‘‘(6) special services, including mathematics and science 
preparation, to enable veterans to make the transition to post-
secondary education; and 
‘‘(7) programs and activities as described in subsection (b), 
subsection (c), or paragraphs (1) through (6) of this subsection 
that are specially designed for students who are limited English 
proficient, students from groups that are traditionally underrep-
resented in postsecondary education, students with disabilities, 
students who are homeless children and youths (as such term 
is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)), students who are in foster 
care or are aging out of the foster care system, or other discon-
nected students.’’; 
(5) in subsection (e) (as redesignated by paragraph (3))— 
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122 STAT. 3201 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) in the matter preceding paragraph (1), by striking 
‘‘upward bound projects under this chapter’’ and inserting 
‘‘projects under this section’’; 
(B) in paragraph (2), by striking ‘‘either low-income’’ 
and all that follows through the semicolon and inserting 
‘‘low-income individuals, first generation college students, 
or students who have a high risk for academic failure;’’; 
(C) in paragraph (3), by striking ‘‘and’’ after the semi-
colon; 
(D) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(5) require an assurance that no student will be denied 
participation in a project assisted under this section because 
the student will enter the project after the 9th grade.’’; 
(6) in subsection (f) (as redesignated by paragraph (3))— 
(A) by striking ‘‘during June, July, and August’’ each 
place the term occurs and inserting ‘‘during the summer 
school recess, for a period not to exceed three months’’; 
and 
(B) by striking ‘‘(b)(10)’’ and inserting ‘‘(d)(5)’’; and 
(7) by adding at the end the following: 
‘‘(h) ABSOLUTE PRIORITY PROHIBITED IN UPWARD BOUND PRO-
GRAM.—Upon enactment of this subsection and except as otherwise 
expressly provided by amendment to this section, the Secretary 
shall not continue, implement, or enforce the absolute priority for 
the Upward Bound Program published by the Department of Edu-
cation in the Federal Register on September 22, 2006 (71 Fed. 
Reg. 55447 et seq.). This subsection shall not be applied retro-
actively. In implementing this subsection, the Department shall 
allow the programs and participants chosen in the grant cycle 
to which the priority applies to continue their grants and participa-
tion without a further recompetition. The entities shall not be 
required to apply the absolute priority conditions or restrictions 
to future participants.’’. 
(d) STUDENT SUPPORT SERVICES.—Section 402D (20 U.S.C. 
1070a–14) is amended— 
(1) in subsection (a)— 
(A) in paragraph (2), by striking ‘‘and’’ after the semi-
colon; and 
(B) by striking paragraph (3) and inserting the fol-
lowing: 
‘‘(3) to foster an institutional climate supportive of the 
success of students who are limited English proficient, students 
from groups that are traditionally underrepresented in postsec-
ondary education, students with disabilities, students who are 
homeless children and youths (as such term is defined in section 
725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11434a)), students who are in foster care or are aging out 
of the foster care system, or other disconnected students; and 
‘‘(4) to improve the financial literacy and economic literacy 
of students, including— 
‘‘(A) basic personal income, household money manage-
ment, and financial planning skills; and 
‘‘(B) basic economic decisionmaking skills.’’; 
(2) by redesignating subsections (c) and (d) as subsections 
(d) and (e); 
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122 STAT. 3202 
PUBLIC LAW 110–315—AUG. 14, 2008 
(3) by striking subsection (b) and inserting the following: 
‘‘(b) REQUIRED SERVICES.—A project assisted under this section 
shall provide— 
‘‘(1) academic tutoring, directly or through other services 
provided by the institution, to enable students to complete 
postsecondary courses, which may include instruction in 
reading, writing, study skills, mathematics, science, and other 
subjects; 
‘‘(2) advice and assistance in postsecondary course selection; 
‘‘(3)(A) information on both the full range of Federal student 
financial aid programs and benefits (including Federal Pell 
Grant awards and loan forgiveness) and resources for locating 
public and private scholarships; and 
‘‘(B) assistance in completing financial aid applications, 
including the Free Application for Federal Student Aid 
described in section 483(a); 
‘‘(4) education or counseling services designed to improve 
the financial literacy and economic literacy of students, 
including financial planning for postsecondary education; 
‘‘(5) activities designed to assist students participating in 
the project in applying for admission to, and obtaining financial 
assistance for enrollment in, graduate and professional pro-
grams; and 
‘‘(6) activities designed to assist students enrolled in two- 
year institutions of higher education in applying for admission 
to, and obtaining financial assistance for enrollment in, a four- 
year program of postsecondary education. 
‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this sec-
tion may provide services such as— 
‘‘(1) individualized counseling for personal, career, and aca-
demic matters provided by assigned counselors; 
‘‘(2) information, activities, and instruction designed to 
acquaint students participating in the project with the range 
of career options available to the students; 
‘‘(3) exposure to cultural events and academic programs 
not usually available to disadvantaged students; 
‘‘(4) mentoring programs involving faculty or upper class 
students, or a combination thereof; 
‘‘(5) securing temporary housing during breaks in the aca-
demic year for— 
‘‘(A) students who are homeless children and youths 
(as such term is defined in section 725 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11434a)) or were 
formerly homeless children and youths; and 
‘‘(B) students who are in foster care or are aging out 
of the foster care system; and 
‘‘(6) programs and activities as described in subsection (b) 
or paragraphs (1) through (4) of this subsection that are spe-
cially designed for students who are limited English proficient, 
students from groups that are traditionally underrepresented 
in postsecondary education, students with disabilities, students 
who are homeless children and youths (as such term is defined 
in section 725 of the McKinney-Vento Homeless Assistance 
Act (42 U.S.C. 11434a)), students who are in foster care or 
are aging out of the foster care system, or other disconnected 
students.’’; 
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122 STAT. 3203 
PUBLIC LAW 110–315—AUG. 14, 2008 
(4) in subsection (d)(1) (as redesignated by paragraph (2)), 
by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and 
(5) in the matter preceding paragraph (1) of subsection 
(e) (as redesignated by paragraph (2)), by striking ‘‘student 
support services projects under this chapter’’ and inserting 
‘‘projects under this section’’. 
(e) POSTBACCALAUREATE ACHIEVEMENT PROGRAM AUTHORITY.— 
Section 402E (20 U.S.C. 1070a–15) is amended— 
(1) in subsection (b)— 
(A) in the subsection heading, by inserting ‘‘REQUIRED’’ 
before ‘‘SERVICES’’; 
(B) in the matter preceding paragraph (1), by striking 
‘‘A postbaccalaureate achievement project assisted under 
this section may provide services such as—’’ and inserting 
‘‘A project assisted under this section shall provide—’’; 
(C) in paragraph (5), by inserting ‘‘and’’ after the semi-
colon; 
(D) in paragraph (6), by striking the semicolon and 
inserting a period; and 
(E) by striking paragraphs (7) and (8); 
(2) by redesignating subsections (c) through (f) as sub-
sections (d) through (g), respectively; 
(3) by inserting after subsection (b) the following: 
‘‘(c) PERMISSIBLE SERVICES.—A project assisted under this sec-
tion may provide services such as— 
‘‘(1) education or counseling services designed to improve 
the financial literacy and economic literacy of students, 
including financial planning for postsecondary education; 
‘‘(2) mentoring programs involving faculty members at 
institutions of higher education, students, or any combination 
of such persons; and 
‘‘(3) exposure to cultural events and academic programs 
not usually available to disadvantaged students.’’; 
(4) in subsection (d) (as redesignated by paragraph (2))— 
(A) in the matter preceding paragraph (1), by striking 
‘‘postbaccalaureate achievement’’; and 
(B) in paragraph (2), by inserting after ‘‘graduate edu-
cation’’ the following: ‘‘, including— 
‘‘(A) Alaska Natives, as defined in section 7306 of the 
Elementary and Secondary Education Act of 1965; 
‘‘(B) Native Hawaiians, as defined in section 7207 of 
such Act; and 
‘‘(C) Native American Pacific Islanders, as defined in 
section 320.’’; 
(5) in the matter preceding paragraph (1) of subsection 
(f) 
(as 
redesignated 
by 
paragraph 
(2)), 
by 
striking 
‘‘postbaccalaureate achievement project’’ and inserting ‘‘project 
under this section’’; and 
(6) in subsection (g) (as redesignated by paragraph (2))— 
(A) by striking ‘‘402A(f)’’ and inserting ‘‘402A(g)’’; and 
(B) by striking ‘‘1993 through 1997’’ and inserting 
‘‘2009 through 2014’’. 
(f) EDUCATIONAL OPPORTUNITY CENTERS.—Section 402F (20 
U.S.C. 1070a–16) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘and’’ after the semi-
colon; 
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122 STAT. 3204 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) in paragraph (2), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) to improve the financial literacy and economic literacy 
of students, including— 
‘‘(A) basic personal income, household money manage-
ment, and financial planning skills; and 
‘‘(B) basic economic decisionmaking skills.’’; and 
(2) in subsection (b)— 
(A) by redesignating paragraphs (5) through (10) as 
paragraphs (6) through (11), respectively; 
(B) by inserting after paragraph (4) the following: 
‘‘(5) education or counseling services designed to improve 
the financial literacy and economic literacy of students;’’; 
(C) by striking paragraph (7) (as redesignated by 
subparagraph (A)) and inserting the following: 
‘‘(7) individualized personal, career, and academic coun-
seling;’’; and 
(D) by striking paragraph (11) (as redesignated by 
subparagraph (A)) and inserting the following: 
‘‘(11) programs and activities as described in paragraphs 
(1) through (10) that are specially designed for students who 
are limited English proficient, students from groups that are 
traditionally underrepresented in postsecondary education, stu-
dents with disabilities, students who are homeless children 
and youths (as such term is defined in section 725 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a)), 
students who are in foster care or are aging out of the foster 
care system, or other disconnected students.’’. 
(g) STAFF
DEVELOPMENT
ACTIVITIES.—Section 402G(b) (20 
U.S.C. 1070a–17(b)) is amended by adding at the end the following 
new paragraph: 
‘‘(5) Strategies for recruiting and serving hard to reach 
populations, including students who are limited English pro-
ficient, students from groups that are traditionally underrep-
resented in postsecondary education, students with disabilities, 
students who are homeless children and youths (as such term 
is defined in section 725 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11434a)), students who are in foster 
care or are aging out of the foster care system, or other discon-
nected students.’’. 
(h) REPORTS, EVALUATIONS, AND GRANTS FOR PROJECT IMPROVE-
MENT
AND DISSEMINATION.—Section 402H (20 U.S.C. 1070a–18) 
is amended— 
(1) by striking the section heading and inserting ‘‘REPORTS, 
EVALUATIONS, AND GRANTS FOR PROJECT IMPROVEMENT AND 
DISSEMINATION.’’; 
(2) by redesignating subsections (a) through (c) as sub-
sections (b) through (d), respectively; 
(3) by inserting before subsection (b) (as redesignated by 
paragraph (2)) the following: 
‘‘(a) REPORTS TO THE AUTHORIZING COMMITTEES.— 
‘‘(1) IN GENERAL.—The Secretary shall submit annually, 
to the authorizing committees, a report that documents the 
performance of all programs funded under this chapter. Such 
report shall— 
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122 STAT. 3205 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) be submitted not later than 12 months after the 
eligible entities receiving funds under this chapter are 
required to report their performance to the Secretary; 
‘‘(B) focus on the programs’ performance on the rel-
evant outcome criteria determined under section 402A(f)(4); 
‘‘(C) aggregate individual project performance data on 
the outcome criteria in order to provide national perform-
ance data for each program; 
‘‘(D) include, when appropriate, descriptive data, multi- 
year data, and multi-cohort data; and 
‘‘(E) include comparable data on the performance 
nationally of low-income students, first-generation stu-
dents, and students with disabilities. 
‘‘(2) INFORMATION.—The Secretary shall provide, with each 
report submitted under paragraph (1), information on the 
impact of the secondary review process described in section 
402A(c)(8)(C)(iv), including the number and type of secondary 
reviews, the disposition of the secondary reviews, the effect 
on timing of awards, and any other information the Secretary 
determines is necessary.’’; and 
(4) in subsection (b) (as redesignated by paragraph (2)), 
by striking paragraphs (1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION OF GRANTS AND CONTRACTS.—For 
the purpose of improving the effectiveness of the programs 
and projects assisted under this chapter, the Secretary 
shall make grants to, or enter into contracts with, institu-
tions of higher education and other public and private 
institutions and organizations to rigorously evaluate the 
effectiveness of the programs and projects assisted under 
this chapter, including a rigorous evaluation of the pro-
grams and projects assisted under section 402C. The 
evaluation of the programs and projects assisted under 
section 402C shall be implemented not later than June 
30, 2010. 
‘‘(B) CONTENT OF UPWARD BOUND EVALUATION.—The 
evaluation of the programs and projects assisted under 
section 402C that is described in subparagraph (A) shall 
examine the characteristics of the students who benefit 
most from the Upward Bound program under section 402C 
and the characteristics of the programs and projects that 
most benefit students. 
‘‘(C) IMPLEMENTATION.—Each evaluation described in 
this paragraph shall be implemented in accordance with 
the requirements of this section. 
‘‘(2) PRACTICES.— 
‘‘(A) IN GENERAL.—The evaluations described in para-
graph (1) shall identify institutional, community, and pro-
gram or project practices that are effective in— 
‘‘(i) enhancing the access of low-income individuals 
and first-generation college students to postsecondary 
education; 
‘‘(ii) the preparation of such individuals and stu-
dents for postsecondary education; and 
‘‘(iii) fostering the success of the individuals and 
students in postsecondary education. 
Deadline. 
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122 STAT. 3206 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) PRIMARY
PURPOSE.—Any evaluation conducted 
under this chapter shall have as the evaluation’s primary 
purpose the identification of particular practices that fur-
ther the achievement of the outcome criteria determined 
under section 402A(f)(4). 
‘‘(C) 
DISSEMINATION
AND
USE
OF
EVALUATION 
FINDINGS.—The Secretary shall disseminate to eligible enti-
ties and make available to the public the practices identi-
fied under subparagraph (B). The practices may be used 
by eligible entities that receive assistance under this 
chapter after the dissemination. 
‘‘(3) SPECIAL
RULE
RELATED
TO
EVALUATION
PARTICIPA-
TION.—The Secretary shall not require an eligible entity, as 
a condition for receiving, or that receives, assistance under 
any program or project under this chapter to participate in 
an evaluation under this section that— 
‘‘(A) requires the eligible entity to recruit additional 
students beyond those the program or project would nor-
mally recruit; or 
‘‘(B) results in the denial of services for an eligible 
student under the program or project. 
‘‘(4) CONSIDERATION.—When designing an evaluation under 
this subsection, the Secretary shall continue to consider— 
‘‘(A) the burden placed on the program participants 
or the eligible entity; and 
‘‘(B) whether the evaluation meets generally accepted 
standards of institutional review boards.’’. 
SEC. 404. GAINING EARLY AWARENESS AND READINESS FOR UNDER-
GRADUATE PROGRAMS. 
(a) EARLY INTERVENTION AND COLLEGE AWARENESS PROGRAM 
AUTHORIZED.—Section 404A (20 U.S.C. 1070a–21) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized, in 
accordance with the requirements of this chapter, to establish a 
program that encourages eligible entities to provide support, and 
maintain a commitment, to eligible low-income students, including 
students with disabilities, to assist the students in obtaining a 
secondary school diploma (or its recognized equivalent) and to pre-
pare for and succeed in postsecondary education, by providing— 
‘‘(1) financial assistance, academic support, additional coun-
seling, mentoring, outreach, and supportive services to sec-
ondary school students, including students with disabilities, 
to reduce— 
‘‘(A) the risk of such students dropping out of school; 
or 
‘‘(B) the need for remedial education for such students 
at the postsecondary level; and 
‘‘(2) information to students and their families about the 
advantages of obtaining a postsecondary education and, college 
financing options for the students and their families.’’; 
(2) in subsection (b), by striking paragraph (2) and inserting 
the following: 
‘‘(2) AWARD PERIOD.—The Secretary may award a grant 
under this chapter to an eligible entity described in paragraphs 
(1) and (2) of subsection (c) for— 
‘‘(A) six years; or 
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122 STAT. 3207 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) in the case of an eligible entity that applies for 
a grant under this chapter for seven years to enable the 
eligible entity to provide services to a student through 
the student’s first year of attendance at an institution 
of higher education, seven years. 
‘‘(3) PRIORITY.—In making awards to eligible entities 
described in subsection (c)(1), the Secretary shall— 
‘‘(A) give priority to eligible entities that— 
‘‘(i) on the day before the date of enactment of 
the Higher Education Opportunity Act, carried out 
successful educational opportunity programs under this 
chapter (as this chapter was in effect on such day); 
and 
‘‘(ii) have a prior, demonstrated commitment to 
early intervention leading to college access through 
collaboration and replication of successful strategies; 
and 
‘‘(B) ensure that students served under this chapter 
on the day before the date of enactment of the Higher 
Education Opportunity Act continue to receive assistance 
through the completion of secondary school.’’; and 
(3) in subsection (c), by striking paragraph (2) and inserting 
the following: 
‘‘(2) a partnership— 
‘‘(A) consisting of— 
‘‘(i) one or more local educational agencies; and 
‘‘(ii) one or more degree granting institutions of 
higher education; and 
‘‘(B) which may include not less than two other commu-
nity organizations or entities, such as businesses, profes-
sional organizations, State agencies, institutions or agen-
cies sponsoring programs authorized under subpart 4, or 
other public or private agencies or organizations.’’. 
(b) REQUIREMENTS.—Section 404B (20 U.S.C. 1070a–22) is 
amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) FUNDING RULES.—In awarding grants from the amount 
appropriated under section 404H for a fiscal year, the Secretary 
shall make available— 
‘‘(1) to eligible entities described in section 404A(c)(1), not 
less than 33 percent of such amount; 
‘‘(2) to eligible entities described in section 404A(c)(2), not 
less than 33 percent of such amount; and 
‘‘(3) to eligible entities described in paragraph (1) or (2) 
of section 404A(c), the remainder of such amount taking into 
consideration the number, quality, and promise of the applica-
tions for the grants, and, to the extent practicable— 
‘‘(A) the geographic distribution of such grant awards; 
and 
‘‘(B) the distribution of such grant awards between 
urban and rural applicants.’’; 
(2) by striking subsections (b), (e), and (f); 
(3) by redesignating subsections (c), (d), and (g), as sub-
sections (b), (c), and (d), respectively; 
(4) in subsection (d)(1) (as redesignated by paragraph (3))— 
(A) by striking ‘‘and’’ at the end of subparagraph (A); 
(B) in subparagraph (B)— 
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122 STAT. 3208 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) by inserting ‘‘and provide the option of contin-
ued services through the student’s first year of attend-
ance at an institution of higher education to the extent 
the provision of such services was described in the 
eligible entity’s application for assistance under this 
chapter’’ after ‘‘grade level’’; and 
(ii) by striking the period at the end and inserting 
‘‘; and’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(C) provide services under this chapter to students 
who have received services under a previous GEAR UP 
grant award but have not yet completed the 12th grade.’’; 
and 
(5) by adding at the end the following: 
‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant funds awarded under 
this chapter shall be used to supplement, and not supplant, other 
Federal, State, and local funds that would otherwise be expended 
to carry out activities assisted under this chapter.’’. 
(c) APPLICATION.—Section 404C (20 U.S.C. 1070a–23) is 
amended— 
(1) in the section heading, by striking ‘‘ELIGIBLE ENTITY 
PLANS’’ and inserting ‘‘APPLICATIONS’’; 
(2) in subsection (a)— 
(A) in the subsection heading, by striking ‘‘PLAN’’ and 
inserting ‘‘APPLICATION’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘a plan’’ and inserting ‘‘an applica-
tion’’; and 
(ii) by striking the second sentence; and 
(C) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) CONTENTS.—Each application submitted pursuant to 
paragraph (1) shall be in such form, contain or be accompanied 
by such information or assurances, and be submitted at such 
time as the Secretary may reasonably require. Each such 
application shall, at a minimum— 
‘‘(A) describe the activities for which assistance under 
this chapter is sought, including how the eligible entity 
will carry out the required activities described in section 
404D(a); 
‘‘(B) describe, in the case of an eligible entity described 
in section 404A(c)(2) that chooses to provide scholarships, 
or an eligible entity described in section 404A(c)(1), how 
the eligible entity will meet the requirements of section 
404E; 
‘‘(C) describe, in the case of an eligible entity described 
in section 404A(c)(2) that requests a reduced match 
percentage under subsection (b)(2), how such reduction will 
assist the entity to provide the scholarships described in 
subsection (b)(2)(A)(ii); 
‘‘(D) provide assurances that adequate administrative 
and support staff will be responsible for coordinating the 
activities described in section 404D; 
‘‘(E) provide assurances that activities assisted under 
this chapter will not displace an employee or eliminate 
a position at a school assisted under this chapter, including 
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122 STAT. 3209 
PUBLIC LAW 110–315—AUG. 14, 2008 
a partial displacement such as a reduction in hours, wages, 
or employment benefits; 
‘‘(F) describe, in the case of an eligible entity described 
in section 404A(c)(1) that chooses to use a cohort approach, 
or an eligible entity described in section 404A(c)(2), how 
the eligible entity will define the cohorts of the students 
served by the eligible entity pursuant to section 404B(d), 
and how the eligible entity will serve the cohorts through 
grade 12, including— 
‘‘(i) how vacancies in the program under this 
chapter will be filled; and 
‘‘(ii) how the eligible entity will serve students 
attending different secondary schools; 
‘‘(G) describe how the eligible entity will coordinate 
programs under this chapter with other existing Federal, 
State, or local programs to avoid duplication and maximize 
the number of students served; 
‘‘(H) provide such additional assurances as the Sec-
retary determines necessary to ensure compliance with the 
requirements of this chapter; 
‘‘(I) provide information about the activities that will 
be carried out by the eligible entity to support systemic 
changes from which future cohorts of students will benefit; 
and 
‘‘(J) describe the sources of matching funds that will 
enable the eligible entity to meet the matching requirement 
described in subsection (b).’’; 
(3) in subsection (b)— 
(A) in the matter preceding subparagraph (A) of para-
graph (1)— 
(i) by striking ‘‘a plan’’ and inserting ‘‘an applica-
tion’’; and 
(ii) by striking ‘‘such plan’’ and inserting ‘‘such 
application’’; 
(B) in paragraph (1)(A), by inserting ‘‘and may be 
accrued over the full duration of the grant award period, 
except that the eligible entity shall make substantial 
progress towards meeting the matching requirement in 
each year of the grant award period’’ after ‘‘in cash or 
in-kind’’; and 
(C) in paragraph (2), by adding at the end the following 
new sentence: ‘‘The Secretary may approve an eligible 
entity’s request for a reduced match percentage— 
‘‘(A) at the time of application— 
‘‘(i) if the eligible entity demonstrates significant 
economic hardship that precludes the eligible entity 
from meeting the matching requirement; or 
‘‘(ii) if the eligible entity is described in section 
404A(c)(2) and requests that contributions to the 
eligible entity’s scholarship fund established under sec-
tion 404E be matched on a two to one basis; or 
‘‘(B) in response to a petition by an eligible entity 
subsequent to a grant award under this section if the 
eligible entity demonstrates that the matching funds 
described in its application are no longer available and 
the eligible entity has exhausted all revenues for replacing 
such matching funds.’’; and 
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122 STAT. 3210 
PUBLIC LAW 110–315—AUG. 14, 2008 
(4) in subsection (c)— 
(A) in paragraph (1)— 
(i) by striking ‘‘paid to students from State, local, 
institutional, or private funds under this chapter’’ and 
inserting ‘‘obligated to students from State, local, 
institutional, or private funds under this chapter, 
including pre-existing non-Federal financial assistance 
programs,’’; and 
(ii) by striking the semicolon at the end and 
inserting ‘‘including— 
‘‘(A) the amount contributed to a student scholarship 
fund established under section 404E; and 
‘‘(B) the amount of the costs of administering the schol-
arship program under section 404E;’’; 
(B) in paragraph (2), by striking ‘‘and’’ after the semi-
colon; 
(C) in paragraph (3), by striking the period at the 
end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) other resources recognized by the Secretary, including 
equipment and supplies, cash contributions from non-Federal 
sources, transportation expenses, in-kind or discounted program 
services, indirect costs, and facility usage.’’. 
(d) ACTIVITIES.—Section 404D (20 U.S.C. 1070a–24) is amended 
to read as follows: 
‘‘SEC. 404D. ACTIVITIES. 
‘‘(a) REQUIRED ACTIVITIES.—Each eligible entity receiving a 
grant under this chapter shall provide comprehensive mentoring, 
outreach, and supportive services to students participating in the 
programs under this chapter. Such activities shall include the fol-
lowing: 
‘‘(1) Providing information regarding financial aid for post-
secondary education to participating students in the cohort 
described in section 404B(d)(1)(A) or to priority students 
described in subsection (d). 
‘‘(2) Encouraging student enrollment in rigorous and chal-
lenging curricula and coursework, in order to reduce the need 
for remedial coursework at the postsecondary level. 
‘‘(3) Improving the number of participating students who— 
‘‘(A) obtain a secondary school diploma; and 
‘‘(B) complete applications for and enroll in a program 
of postsecondary education. 
‘‘(4) In the case of an eligible entity described in section 
404A(c)(1), providing for the scholarships described in section 
404E. 
‘‘(b) PERMISSIBLE ACTIVITIES FOR STATES AND PARTNERSHIPS.— 
An eligible entity that receives a grant under this chapter may 
use grant funds to carry out one or more of the following activities: 
‘‘(1) Providing tutors and mentors, who may include adults 
or former participants of a program under this chapter, for 
eligible students. 
‘‘(2) Conducting outreach activities to recruit priority stu-
dents described in subsection (d) to participate in program 
activities. 
‘‘(3) Providing supportive services to eligible students. 
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122 STAT. 3211 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) Supporting the development or implementation of rig-
orous academic curricula, which may include college pre-
paratory, Advanced Placement, or International Baccalaureate 
programs, and providing participating students access to rig-
orous core academic courses that reflect challenging State aca-
demic standards. 
‘‘(5) Supporting dual or concurrent enrollment programs 
between the secondary school and institution of higher edu-
cation partners of an eligible entity described in section 
404A(c)(2), and other activities that support participating stu-
dents in— 
‘‘(A) meeting challenging State academic standards; 
‘‘(B) successfully applying for postsecondary education; 
‘‘(C) successfully applying for student financial aid; 
and 
‘‘(D) developing graduation and career plans. 
‘‘(6) Providing special programs or tutoring in science, tech-
nology, engineering, or mathematics. 
‘‘(7) In the case of an eligible entity described in section 
404A(c)(2), providing support for scholarships described in sec-
tion 404E. 
‘‘(8) Introducing eligible students to institutions of higher 
education, through trips and school-based sessions. 
‘‘(9) Providing an intensive extended school day, school 
year, or summer program that offers— 
‘‘(A) additional academic classes; or 
‘‘(B) assistance with college admission applications. 
‘‘(10) Providing other activities designed to ensure sec-
ondary school completion and postsecondary education enroll-
ment of at-risk children, such as— 
‘‘(A) the identification of at-risk children; 
‘‘(B) after-school and summer tutoring; 
‘‘(C) assistance to at-risk children in obtaining summer 
jobs; 
‘‘(D) academic counseling; 
‘‘(E) financial literacy and economic literacy education 
or counseling; 
‘‘(F) volunteer and parent involvement; 
‘‘(G) encouraging former or current participants of a 
program under this chapter to serve as peer counselors; 
‘‘(H) skills assessments; 
‘‘(I) personal and family counseling, and home visits; 
‘‘(J) staff development; and 
‘‘(K) programs and activities described in this sub-
section that are specially designed for students who are 
limited English proficient. 
‘‘(11) Enabling eligible students to enroll in Advanced Place-
ment or International Baccalaureate courses, or college 
entrance examination preparation courses. 
‘‘(12) Providing services to eligible students in the partici-
pating cohort described in section 404B(d)(1)(A), through the 
first year of attendance at an institution of higher education. 
‘‘(13) Fostering and improving parent and family involve-
ment in elementary and secondary education by promoting 
the advantages of a college education, and emphasizing aca-
demic admission requirements and the need to take college 
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122 STAT. 3212 
PUBLIC LAW 110–315—AUG. 14, 2008 
preparation courses, through parent engagement and leader-
ship activities. 
‘‘(14) Disseminating information that promotes the impor-
tance of higher education, explains college preparation and 
admission requirements, and raises awareness of the resources 
and services provided by the eligible entities to eligible stu-
dents, their families, and communities. 
‘‘(15) In the event that matching funds described in the 
application are no longer available, engaging entities described 
in section 404A(c)(2) in a collaborative manner to provide 
matching resources and participate in other activities author-
ized under this section. 
‘‘(c) ADDITIONAL PERMISSIBLE ACTIVITIES FOR STATES.—In addi-
tion to the required activities described in subsection (a) and the 
permissible activities described in subsection (b), an eligible entity 
described in section 404A(c)(1) receiving funds under this chapter 
may use grant funds to carry out one or more of the following 
activities: 
‘‘(1) Providing technical assistance to— 
‘‘(A) secondary schools that are located within the 
State; or 
‘‘(B) partnerships described in section 404A(c)(2) that 
are located within the State. 
‘‘(2) Providing professional development opportunities to 
individuals working with eligible cohorts of students described 
in section 404B(d)(1)(A). 
‘‘(3) Providing administrative support to help build the 
capacity of eligible entities described in section 404A(c)(2) to 
compete for and manage grants awarded under this chapter. 
‘‘(4) Providing strategies and activities that align efforts 
in the State to prepare eligible students to attend and succeed 
in postsecondary education, which may include the development 
of graduation and career plans. 
‘‘(5) Disseminating information on the use of scientifically 
valid research and best practices to improve services for eligible 
students. 
‘‘(6)(A) Disseminating information on effective coursework 
and support services that assist students in obtaining the goals 
described in subparagraph (B)(ii). 
‘‘(B) Identifying and disseminating information on best 
practices with respect to— 
‘‘(i) increasing parental involvement; and 
‘‘(ii) preparing students, including students with 
disabilities and students who are limited English proficient, 
to succeed academically in, and prepare financially for, 
postsecondary education. 
‘‘(7) Working to align State academic standards and cur-
ricula with the expectations of postsecondary institutions and 
employers. 
‘‘(8) Developing alternatives to traditional secondary school 
that give students a head start on attaining a recognized post-
secondary credential (including an industry-recognized certifi-
cate, an apprenticeship, or an associate’s or a bachelor’s degree), 
including school designs that give students early exposure to 
college-level courses and experiences and allow students to 
earn transferable college credits or an associate’s degree at 
the same time as a secondary school diploma. 
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122 STAT. 3213 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(9) Creating community college programs for drop-outs 
that are personalized drop-out recovery programs that allow 
drop-outs to complete a regular secondary school diploma and 
begin college-level work. 
‘‘(d) PRIORITY STUDENTS.—For eligible entities not using a 
cohort approach, the eligible entity shall treat as a priority student 
any student in secondary school who is— 
‘‘(1) eligible to be counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965; 
‘‘(2) eligible for assistance under a State program funded 
under part A or E of title IV of the Social Security Act (42 
U.S.C. 601 et seq., 670 et seq.); 
‘‘(3) eligible for assistance under subtitle B of title VII 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11431 et seq.); or 
‘‘(4) otherwise considered by the eligible entity to be a 
disconnected student. 
‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible entities 
described in section 404A(c)(1), the activities required by this section 
may be provided by service providers such as community-based 
organizations, schools, institutions of higher education, public and 
private 
agencies, 
nonprofit 
and 
philanthropic 
organizations, 
businesses, institutions and agencies sponsoring programs author-
ized under subpart 4, and other organizations the State determines 
appropriate.’’. 
(e) SCHOLARSHIP COMPONENT.—Section 404E (20 U.S.C. 1070a– 
25) is amended— 
(1) by striking subsections (e) and (f); 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (d), (f), and (g), respectively; 
(3) by inserting after subsection (a) the following: 
‘‘(b) LIMITATION.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), each eligible 
entity described in section 404A(c)(1) that receives a grant 
under this chapter shall use not less than 25 percent and 
not more than 50 percent of the grant funds for activities 
described in section 404D (except for the activity described 
in subsection (a)(4) of such section), with the remainder of 
such funds to be used for a scholarship program under this 
section in accordance with such subsection. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the Sec-
retary may allow an eligible entity to use more than 50 percent 
of grant funds received under this chapter for such activities, 
if the eligible entity demonstrates that the eligible entity has 
another means of providing the students with the financial 
assistance described in this section and describes such means 
in the application submitted under section 404C. 
‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each eligible entity pro-
viding scholarships under this section shall provide information 
on the eligibility requirements for the scholarships to all partici-
pating students upon the students’ entry into the programs assisted 
under this chapter.’’; 
(4) in subsection (d) (as redesignated by paragraph (2)), 
by striking ‘‘the lesser of’’ and all that follows through the 
period at the end of paragraph (2) of such subsection (d) and 
inserting ‘‘the minimum Federal Pell Grant award under sec-
tion 401 for such award year.’’; 
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122 STAT. 3214 
PUBLIC LAW 110–315—AUG. 14, 2008 
(5) by inserting after subsection (d) (as redesignated by 
paragraph (2) and amended by paragraph (4)) the following: 
‘‘(e) PORTABILITY OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—Each eligible entity described in section 
404A(c)(1) that receives a grant under this chapter shall hold 
in reserve, for the students served by such grant as described 
in section 404B(d)(1)(A) or 404D(d), an amount that is not 
less than the minimum scholarship amount described in sub-
section (d), multiplied by the number of students the eligible 
entity estimates will meet the requirements of paragraph (2). 
‘‘(2) REQUIREMENT
FOR
PORTABILITY.—Funds held in 
reserve under paragraph (1) shall be made available to an 
eligible student when the eligible student has— 
‘‘(A) completed a secondary school diploma, its recog-
nized 
equivalent, 
or 
another 
recognized 
alternative 
standard for individuals with disabilities; and 
‘‘(B) enrolled in an institution of higher education. 
‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.—Funds available 
to an eligible student under this subsection may be used for— 
‘‘(A) tuition, fees, books, supplies, and equipment 
required for the enrollment or attendance of the eligible 
student at an institution of higher education; and 
‘‘(B) in the case of an eligible student with special 
needs, expenses for special needs services that are incurred 
in connection with such enrollment or attendance. 
‘‘(4) RETURN OF FUNDS.— 
‘‘(A) REDISTRIBUTION.— 
‘‘(i) IN
GENERAL.—Funds held in reserve under 
paragraph (1) that are not used by an eligible student 
within six years of the student’s scheduled completion 
of secondary school may be redistributed by the eligible 
entity to other eligible students. 
‘‘(ii) RETURN OF EXCESS TO THE SECRETARY.—If, 
after meeting the requirements of paragraph (1) and, 
if applicable, redistributing excess funds in accordance 
with clause (i) of this subparagraph, an eligible entity 
has funds held in reserve under paragraph (1) that 
remain available, the eligible entity shall return such 
remaining reserved funds to the Secretary for distribu-
tion to other grantees under this chapter in accordance 
with the funding rules described in section 404B(a). 
‘‘(B) 
NONPARTICIPATING
ENTITY.—Notwithstanding 
subparagraph (A), in the case of an eligible entity that 
does not receive assistance under this subpart for six fiscal 
years, the eligible entity shall return any funds held in 
reserve under paragraph (1) that are not awarded or obli-
gated to eligible students to the Secretary for distribution 
to other grantees under this chapter.’’; and 
(6) in subsection (g)(4) (as redesignated by paragraph (2)), 
by striking ‘‘early intervention component required under sec-
tion 404D’’ and inserting ‘‘activities required under section 
404D(a)’’. 
(f) 21ST CENTURY SCHOLAR CERTIFICATES.—Section 404F (20 
U.S.C. 1070a–26) is amended by striking subsections (a) and (b) 
and inserting the following: 
‘‘(a) IN GENERAL.—An eligible entity that receives a grant under 
this chapter shall provide certificates, to be known as 21st Century 
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122 STAT. 3215 
PUBLIC LAW 110–315—AUG. 14, 2008 
Scholar Certificates, to all students served by the eligible entity 
who are participating in a program under this chapter. 
‘‘(b) INFORMATION REQUIRED.—A 21st Century Scholar Certifi-
cate shall be personalized for each student and indicate the amount 
of Federal financial aid for college and the estimated amount of 
any scholarship provided under section 404E, if applicable, that 
a student may be eligible to receive.’’. 
(g) EVALUATION.—Section 404G(c) (20 U.S.C. 1070a–27(c)) is 
amended by adding at the end the following: ‘‘Such evaluation 
shall include a separate analysis of— 
‘‘(1) the implementation of the scholarship component 
described in section 404E; and 
‘‘(2) the use of methods for complying with matching 
requirements described in paragraphs (1) and (2) of section 
404C(c).’’. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—Section 404H (20 
U.S.C. 1070a–28) is amended by striking ‘‘$200,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘$400,000,000 for fiscal year 2009 and such sums as may be nec-
essary for each of the five succeeding fiscal years.’’. 
SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE SCHOLARSHIPS. 
Chapter 3 of subpart 2 of part A of title IV (20 U.S.C. 1070a– 
31 et seq.) is repealed. 
SEC. 406. FEDERAL SUPPLEMENTAL EDUCATIONAL OPPORTUNITY 
GRANTS. 
(a) APPROPRIATIONS
AUTHORIZED.—Section 413A(b)(1) (20 
U.S.C. 1070b(b)(1)) is amended by striking ‘‘$675,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘such sums as may be necessary for fiscal year 2009 and each 
of the five succeeding fiscal years.’’. 
(b) 
ALLOWANCE
FOR
BOOKS
AND
SUPPLIES.—Section 
413D(c)(3)(D) (20 U.S.C. 1070b–3(c)(3)(D)) is amended by striking 
‘‘$450’’ and inserting ‘‘$600’’. 
(c) TECHNICAL CORRECTION.—Section 413D(a)(1) (20 U.S.C. 
1070b–3(a)(1)) is amended by striking ‘‘such institution’’ and all 
that follows through the period and inserting ‘‘such institution 
received under subsections (a) and (b) of this section for fiscal 
year 1999 (as such subsections were in effect with respect to alloca-
tions for such fiscal year).’’. 
SEC. 407. LEVERAGING EDUCATIONAL ASSISTANCE PARTNERSHIP 
PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 415A(b) (20 
U.S.C. 1070c(b)) is amended by striking paragraphs (1) and (2) 
and inserting the following: 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart $200,000,000 for fiscal year 2009 
and such sums as may be necessary for each of the five suc-
ceeding fiscal years. 
‘‘(2) RESERVATION.—For any fiscal year for which the 
amount appropriated under paragraph (1) exceeds $30,000,000, 
the excess amount shall be available to carry out section 415E.’’. 
(b) APPLICATIONS.—Section 415C(b) (20 U.S.C. 1070c–2(b)) is 
amended— 
(1) in paragraph (2), by striking ‘‘not in excess of $5,000 
per academic year’’ and inserting ‘‘not to exceed the lesser 
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122 STAT. 3216 
PUBLIC LAW 110–315—AUG. 14, 2008 
of $12,500 or the student’s cost of attendance per academic 
year’’; and 
(2) in paragraph (9), by striking ‘‘and’’ after the semicolon; 
(3) in paragraph (10)— 
(A) by striking ‘‘a direct appropriation of’’; and 
(B) by striking the period at the end and inserting 
‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(11) provides notification to eligible students that such 
grants are— 
‘‘(A) Leveraging Educational Assistance Partnership 
Grants; and 
‘‘(B) funded by the Federal Government, the State, 
and, where applicable, other contributing partners.’’. 
(c) GRANTS FOR ACCESS AND PERSISTENCE.—Section 415E (20 
U.S.C. 1070c–3a) is amended to read as follows: 
‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSISTENCE. 
‘‘(a) PURPOSE.—It is the purpose of this section to expand college 
access and increase college persistence by making allotments to 
States to enable the States to— 
‘‘(1) expand and enhance partnerships with institutions 
of higher education, early information and intervention, men-
toring, or outreach programs, private corporations, philan-
thropic organizations, and other interested parties, including 
community-based organizations, in order to— 
‘‘(A) carry out activities under this section; and 
‘‘(B) provide coordination and cohesion among Federal, 
State, and local governmental and private efforts that pro-
vide financial assistance to help low-income students attend 
an institution of higher education; 
‘‘(2) provide need-based grants for access and persistence 
to eligible low-income students; 
‘‘(3) provide early notification to low-income students of 
the students’ eligibility for financial aid; and 
‘‘(4) encourage increased participation in early information 
and intervention, mentoring, or outreach programs. 
‘‘(b) ALLOTMENTS TO STATES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AUTHORIZATION.—From sums reserved under sec-
tion 415A(b)(2) for each fiscal year, the Secretary shall 
make an allotment to each State that submits an applica-
tion for an allotment in accordance with subsection (c) 
to enable the State to pay the Federal share, as described 
in paragraph (2), of the cost of carrying out the activities 
under subsection (d). 
‘‘(B) DETERMINATION OF ALLOTMENT.—In making allot-
ments under subparagraph (A), the Secretary shall consider 
the following: 
‘‘(i) CONTINUATION OF AWARD.—If a State continues 
to meet the specifications established in such State’s 
application under subsection (c), the Secretary shall 
make an allotment to such State that is not less than 
the allotment made to such State for the previous 
fiscal year. 
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122 STAT. 3217 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) PRIORITY.—The Secretary shall give priority 
in making allotments to States that meet the require-
ments described in paragraph (2)(B)(ii). 
‘‘(2) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—The Federal share of the cost of 
carrying out the activities under subsection (d) for any 
fiscal year shall not exceed 66.66 percent. 
‘‘(B) DIFFERENT
PERCENTAGES.—The Federal share 
under this section shall be determined in accordance with 
the following: 
‘‘(i) The Federal share of the cost of carrying out 
the activities under subsection (d) shall be 57 percent 
if a State applies for an allotment under this section 
in partnership with any number of degree-granting 
institutions of higher education in the State whose 
combined full-time enrollment represents less than a 
majority of all students attending institutions of higher 
education in the State, and— 
‘‘(I) 
philanthropic 
organizations 
that 
are 
located in, or that provide funding in, the State; 
or 
‘‘(II) private corporations that are located in, 
or that do business in, the State. 
‘‘(ii) The Federal share of the cost of carrying out 
the activities under subsection (d) shall be 66.66 per-
cent if a State applies for an allotment under this 
section in partnership with any number of degree- 
granting institutions of higher education in the State 
whose combined full-time enrollment represents a 
majority of all students attending institutions of higher 
education in the State, and— 
‘‘(I) 
philanthropic 
organizations 
that 
are 
located in, or that provide funding in, the State; 
or 
‘‘(II) private corporations that are located in, 
or that do business in, the State. 
‘‘(C) NON-FEDERAL SHARE.— 
‘‘(i) IN
GENERAL.—The non-Federal share under 
this section may be provided in cash or in kind, fairly 
evaluated. 
‘‘(ii) IN-KIND CONTRIBUTION.—For the purpose of 
calculating the non-Federal share under this subpara-
graph, an in-kind contribution is a non-cash contribu-
tion that— 
‘‘(I) has monetary value, such as the provision 
of— 
‘‘(aa) room and board; or 
‘‘(bb) transportation passes; and 
‘‘(II) helps a student meet the cost of attend-
ance at an institution of higher education. 
‘‘(iii) EFFECT ON NEED ANALYSIS.—For the purpose 
of calculating a student’s need in accordance with part 
F, an in-kind contribution described in clause (ii) shall 
not be considered an asset or income of the student 
or the student’s parent. 
‘‘(c) APPLICATION FOR ALLOTMENT.— 
‘‘(1) IN GENERAL.— 
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122 STAT. 3218 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) SUBMISSION.—A State that desires to receive an 
allotment under this section on behalf of a partnership 
described in paragraph (3) shall submit an application to 
the Secretary at such time, in such manner, and containing 
such information as the Secretary may require. 
‘‘(B) 
CONTENT.—An 
application 
submitted 
under 
subparagraph (A) shall include the following: 
‘‘(i) A description of the State’s plan for using 
the allotted funds. 
‘‘(ii) An assurance that the State will provide 
matching funds, in cash or in kind, from State, institu-
tional, philanthropic, or private funds, of not less than 
33.33 percent of the cost of carrying out the activities 
under subsection (d). The State shall specify the 
methods by which matching funds will be paid. A State 
that uses non-Federal funds to create or expand part-
nerships with entities described in subsection (a)(1), 
in which such entities match State funds for student 
scholarships, may apply such matching funds from 
such entities toward fulfilling the State’s matching 
obligation under this clause. 
‘‘(iii) An assurance that the State will use funds 
provided under this section to supplement, and not 
supplant, Federal and State funds available for car-
rying out the activities under this title. 
‘‘(iv) An assurance that early information and 
intervention, mentoring, or outreach programs exist 
within the State or that there is a plan to make such 
programs widely available. 
‘‘(v) A description of the organizational structure 
that the State has in place to administer the activities 
under subsection (d), including a description of how 
the State will compile information on degree comple-
tion of students receiving grants under this section. 
‘‘(vi) A description of the steps the State will take 
to ensure that students who receive grants under this 
section persist to degree completion. 
‘‘(vii) An assurance that the State has a method 
in place, such as acceptance of the automatic zero 
expected family contribution determination described 
in section 479(c), to identify eligible low-income stu-
dents and award State grant aid to such students. 
‘‘(viii) An assurance that the State will provide 
notification to eligible low-income students that grants 
under this section are— 
‘‘(I) Leveraging Educational Assistance Part-
nership Grants; and 
‘‘(II) funded by the Federal Government and 
the State, and, where applicable, other contrib-
uting partners. 
‘‘(2) STATE AGENCY.—The State agency that submits an 
application for a State under section 415C(a) shall be the same 
State agency that submits an application under paragraph 
(1) for such State. 
‘‘(3) PARTNERSHIP.—In applying for an allotment under this 
section, the State agency shall apply for the allotment in part-
nership with— 
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122 STAT. 3219 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) not less than one public and one private degree- 
granting institution of higher education that are located 
in the State, if applicable; 
‘‘(B) new or existing early information and intervention, 
mentoring, or outreach programs located in the State; and 
‘‘(C) not less than one— 
‘‘(i) philanthropic organization located in, or that 
provides funding in, the State; or 
‘‘(ii) private corporation located in, or that does 
business in, the State. 
‘‘(4) ROLES OF PARTNERS.— 
‘‘(A) STATE AGENCY.—A State agency that is in a part-
nership receiving an allotment under this section— 
‘‘(i) shall— 
‘‘(I) serve as the primary administrative unit 
for the partnership; 
‘‘(II) provide or coordinate non-Federal share 
funds, and coordinate activities among partners; 
‘‘(III) encourage each institution of higher edu-
cation in the State to participate in the partner-
ship; 
‘‘(IV) make determinations and early notifica-
tions of assistance as described under subsection 
(d)(2); and 
‘‘(V) annually report to the Secretary on the 
partnership’s progress in meeting the purpose of 
this section; and 
‘‘(ii) may provide early information and interven-
tion, mentoring, or outreach programs. 
‘‘(B) DEGREE-GRANTING INSTITUTIONS OF HIGHER EDU-
CATION.—A degree-granting institution of higher education 
that is in a partnership receiving an allotment under this 
section— 
‘‘(i) shall— 
‘‘(I) recruit and admit participating qualified 
students and provide such additional institutional 
grant aid to participating students as agreed to 
with the State agency; 
‘‘(II) provide support services to students who 
receive grants for access and persistence under 
this section and are enrolled at such institution; 
and 
‘‘(III) assist the State in the identification of 
eligible students and the dissemination of early 
notifications of assistance as agreed to with the 
State agency; and 
‘‘(ii) may provide funding for early information and 
intervention, mentoring, or outreach programs or pro-
vide such services directly. 
‘‘(C) PROGRAMS.—An early information and interven-
tion, mentoring, or outreach program that is in a partner-
ship receiving an allotment under this section shall provide 
direct services, support, and information to participating 
students. 
‘‘(D) PHILANTHROPIC ORGANIZATION OR PRIVATE COR-
PORATION.—A philanthropic organization or private cor-
poration that is in a partnership receiving an allotment 
Deadline. 
Reports. 
Notification. 
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122 STAT. 3220 
PUBLIC LAW 110–315—AUG. 14, 2008 
under this section shall provide funds for grants for access 
and persistence for participating students, or provide funds 
or support for early information and intervention, men-
toring, or outreach programs. 
‘‘(d) AUTHORIZED ACTIVITIES.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTABLISHMENT
OF
PARTNERSHIP.—Each State 
receiving an allotment under this section shall use the 
funds to establish a partnership to award grants for access 
and persistence to eligible low-income students in order 
to increase the amount of financial assistance such students 
receive under this subpart for undergraduate education 
expenses. 
‘‘(B) AMOUNT OF GRANTS.—The amount of a grant for 
access and persistence awarded by a State to a student 
under this section shall be not less than— 
‘‘(i) the average undergraduate tuition and manda-
tory fees at the public institutions of higher education 
in the State where the student resides that are of 
the same type of institution as the institution of higher 
education the student attends; minus 
‘‘(ii) other Federal and State aid the student 
receives. 
‘‘(C) SPECIAL RULES.— 
‘‘(i) PARTNERSHIP INSTITUTIONS.—A State receiving 
an allotment under this section may restrict the use 
of grants for access and persistence under this section 
by awarding the grants only to students attending 
institutions of higher education that are participating 
in the partnership. 
‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a State pro-
vides grants through another program under this sub-
part to students attending institutions of higher edu-
cation located in another State, grants awarded under 
this section may be used at institutions of higher edu-
cation located in another State. 
‘‘(2) EARLY NOTIFICATION.— 
‘‘(A) IN GENERAL.—Each State receiving an allotment 
under this section shall annually notify low-income stu-
dents in grades seven through 12 in the State, and their 
families, of their potential eligibility for student financial 
assistance, including an access and persistence grant, to 
attend an institution of higher education. 
‘‘(B) CONTENT OF NOTICE.—The notice under subpara-
graph (A)— 
‘‘(i) shall include— 
‘‘(I) information about early information and 
intervention, mentoring, or outreach programs 
available to the student; 
‘‘(II) information that a student’s eligibility for 
a grant for access and persistence is enhanced 
through participation in an early information and 
intervention, mentoring, or outreach program; 
‘‘(III) an explanation that student and family 
eligibility for, and participation in, other Federal 
means-tested programs may indicate eligibility for 
Deadline. 
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122 STAT. 3221 
PUBLIC LAW 110–315—AUG. 14, 2008 
a grant for access and persistence and other stu-
dent aid programs; 
‘‘(IV) a nonbinding estimate of the total 
amount of financial aid that a low-income student 
with a similar income level may expect to receive, 
including an estimate of the amount of a grant 
for access and persistence and an estimate of the 
amount of grants, loans, and all other available 
types of aid from the major Federal and State 
financial aid programs; 
‘‘(V) an explanation that in order to be eligible 
for a grant for access and persistence, at a min-
imum, a student shall— 
‘‘(aa) meet the requirement under para-
graph (3); 
‘‘(bb) graduate from secondary school; and 
‘‘(cc) enroll at an institution of higher edu-
cation— 
‘‘(AA) that is a partner in the partner-
ship; or 
‘‘(BB) with respect to which attend-
ance 
is 
permitted 
under 
subsection 
(d)(1)(C)(ii); 
‘‘(VI) information on any additional require-
ments (such as a student pledge detailing student 
responsibilities) that the State may impose for 
receipt of a grant for access and persistence under 
this section; and 
‘‘(VII) instructions on how to apply for a grant 
for access and persistence and an explanation that 
a student is required to file a Free Application 
for Federal Student Aid authorized under section 
483(a) to be eligible for such grant and assistance 
from other Federal and State financial aid pro-
grams; and 
‘‘(ii) may include a disclaimer that grant awards 
for access and persistence are contingent on— 
‘‘(I) a determination of the student’s financial 
eligibility at the time of the student’s enrollment 
at an institution of higher education that is a 
partner in the partnership or qualifies under sub-
section (d)(1)(C)(ii); 
‘‘(II) annual Federal and State spending for 
higher education; and 
‘‘(III) other aid received by the student at the 
time of the student’s enrollment at such institution 
of higher education. 
‘‘(3) ELIGIBILITY.—In determining which students are 
eligible to receive grants for access and persistence, the State 
shall ensure that each such student complies with the following 
subparagraph (A) or (B): 
‘‘(A) Meets not less than two of the following criteria, 
with priority given to students meeting all of the following 
criteria: 
‘‘(i) Has an expected family contribution equal to 
zero, as determined under part F, or a comparable 
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122 STAT. 3222 
PUBLIC LAW 110–315—AUG. 14, 2008 
alternative based upon the State’s approved criteria 
in section 415C(b)(4). 
‘‘(ii) Qualifies for the State’s maximum under-
graduate award, as authorized under section 415C(b). 
‘‘(iii) Is participating in, or has participated in, 
a Federal, State, institutional, or community early 
information and intervention, mentoring, or outreach 
program, as recognized by the State agency admin-
istering activities under this section. 
‘‘(B) Is receiving, or has received, a grant for access 
and persistence under this section, in accordance with para-
graph (5). 
‘‘(4) GRANT AWARD.—Once a student, including those stu-
dents who have received early notification under paragraph 
(2) from the State, applies for admission 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 deter-
mined eligible by the State under paragraph (3), the State 
shall— 
‘‘(A) issue the student a preliminary award certificate 
for a grant for access and persistence with estimated award 
amounts; and 
‘‘(B) inform the student that payment of the grant 
for access and persistence award amounts is subject to 
certification of enrollment and award eligibility by the 
institution of higher education. 
‘‘(5) DURATION OF AWARD.—An eligible student who receives 
a grant for access and persistence under this section shall 
receive such grant award for each year of such student’s under-
graduate education in which the student remains eligible for 
assistance under this title, including pursuant to section 484(c), 
and remains financially eligible as determined by the State, 
except that the State may impose reasonable time limits to 
degree completion. 
‘‘(e) ADMINISTRATIVE COST ALLOWANCE.—A State that receives 
an allotment under this section may reserve not more than two 
percent of the funds made available annually through the allotment 
for State administrative functions required to carry out this section. 
‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTITUTIONS 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 section, a waiver for such institution from statutory 
or regulatory requirements that inhibit the ability of the institution 
to successfully and efficiently participate in the activities of the 
partnership. 
‘‘(g) APPLICABILITY RULE.—The provisions of this subpart that 
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 with an assurance that the aggregate amount 
expended per student or the aggregate expenditures by the State, 
from funds derived from non-Federal sources, for the authorized 
activities described in subsection (d) for the preceding fiscal year 
Waiver authority. 
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122 STAT. 3223 
PUBLIC LAW 110–315—AUG. 14, 2008 
were not less than the amount expended per student or the aggre-
gate expenditure by the State for the activities for the second 
preceding fiscal year. 
‘‘(i) SPECIAL RULE.—Notwithstanding subsection (h), for pur-
poses of determining a State’s share of the cost of the authorized 
activities described in subsection (d), the State shall consider only 
those expenditures from non-Federal sources that exceed the State’s 
total expenditures for need-based grants, scholarships, and work- 
study assistance for fiscal year 1999 (including any such assistance 
provided under this subpart). 
‘‘(j) CONTINUATION AND TRANSITION.—For the two-year period 
that begins on the date of enactment of the Higher Education 
Opportunity Act, the Secretary shall continue to award grants 
under section 415E of the Higher Education Act of 1965 as such 
section existed on the day before the date of enactment of the 
Higher Education Opportunity Act to States that choose to apply 
for grants under such predecessor section. 
‘‘(k) REPORTS.—Not later than three years after the date of 
enactment of the Higher Education Opportunity Act and annually 
thereafter, the Secretary shall submit a report describing the activi-
ties and the impact of the partnerships under this section to the 
authorizing committees.’’. 
SEC. 408. SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE 
ENGAGED IN MIGRANT AND SEASONAL 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 ‘‘(including 
preparation for college entrance examinations)’’ after ‘‘col-
lege program’’; 
(C) in paragraph (5), by striking ‘‘weekly’’; 
(D) in paragraph (7), by striking ‘‘and’’ after the semi-
colon; 
(E) in paragraph (8)— 
(i) by inserting ‘‘(such as transportation 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)— 
(I) by striking ‘‘parents’’ and inserting ‘‘imme-
diate family’’; and 
(II) by striking ‘‘(or such part’s predecessor 
authority)’’; 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause (i), by 
inserting ‘‘to improve placement, persistence, and 
retention in postsecondary education,’’ after ‘‘serv-
ices’’; and 
Effective date. 
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122 STAT. 3224 
PUBLIC LAW 110–315—AUG. 14, 2008 
(II) in clause (i), by striking ‘‘and career’’ and 
inserting ‘‘career, and economic education or per-
sonal finance’’; 
(iii) in subparagraph (E), by striking ‘‘and’’ after 
the semicolon; 
(iv) by redesignating subparagraph (F) as subpara-
graph (G); 
(v) by inserting after subparagraph (E) the fol-
lowing: 
‘‘(F) internships; and’’; and 
(vi) in subparagraph (G) (as redesignated by clause 
(iv)), by striking ‘‘support services’’ and inserting 
‘‘essential supportive 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 serv-
ices, assistance, and aid with other non-program serv-
ices, assistance, and aid, including services, assistance, 
and aid provided by community-based organizations, 
which may include mentoring and guidance; and’’; and 
(iii) by adding at the end the following: 
‘‘(C) for students attending two-year institutions of higher 
education, encouraging the students to transfer to four-year 
institutions of higher education, where appropriate, and moni-
toring the rate of transfer 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 following: 
‘‘(g) RESERVATION
AND
ALLOCATION
OF
FUNDS.—From the 
amounts made available under subsection (i), the Secretary— 
‘‘(1) may reserve not more than a total of 1⁄2 of one percent 
for outreach activities, technical assistance, and professional 
development programs relating to the programs under sub-
section (a); 
‘‘(2) for any fiscal year for which the amount appropriated 
to carry out this section is equal to or greater than $40,000,000, 
shall, in awarding grants from the remainder of such amounts— 
‘‘(A) make available not less than 45 percent of such 
remainder for the high school equivalency programs and 
not less than 45 percent of such remainder for the college 
assistance migrant programs; 
‘‘(B) award the rest of such remainder for high school 
equivalency programs or college assistance migrant pro-
grams based on the number, quality, and promise of the 
applications; and 
‘‘(C) consider the need to provide an equitable 
geographic distribution of such grants; and 
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122 STAT. 3225 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) for any fiscal year for which the amount appropriated 
to carry out this section is less than $40,000,000, shall, in 
awarding grants from the remainder of such amounts make 
available the same percentage of funds to the high school 
equivalency program and to the college assistance migrant pro-
gram as was made available for each such program for the 
fiscal year preceding the fiscal year for which the grant was 
made.’’; 
(7) by striking subsection (h) (as redesignated by paragraph 
(5)) and inserting the following: 
‘‘(h) DATA COLLECTION.—The Secretary shall— 
‘‘(1) annually collect data on persons receiving services 
authorized under this subpart regarding such persons’ rates 
of secondary school graduation, entrance into postsecondary 
education, and completion of postsecondary education, as 
applicable; 
‘‘(2) not less often than once every two years, prepare 
and submit to the authorizing committees a report based on 
the most recently available data under paragraph (1); and 
‘‘(3) make such report available to the public.’’; and 
(8) by striking subsection (i) (as redesignated by paragraph 
(5)) and inserting the following: 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
making grants and contracts under this section, there are author-
ized to be appropriated $75,000,000 for fiscal year 2009 and such 
sums as may be necessary for the each of the five succeeding 
fiscal years.’’. 
SEC. 409. ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM. 
(a) ELIGIBILITY
OF SCHOLARS.—Section 419F(a) (20 U.S.C. 
1070d–36(a)) is amended by inserting ‘‘(or a home school, whether 
treated as a home school or a private school under State law)’’ 
after ‘‘public or private secondary school’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—Section 419K (20 
U.S.C. 1070d–41) 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 five succeeding fiscal years.’’. 
SEC. 410. 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— 
(1) by striking ‘‘A grant’’ and inserting the following: 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), a grant’’; and 
(2) by adding at the end the following: 
‘‘(ii) INCREASE TRIGGER.—For any fiscal year for 
which the amount appropriated under the authority 
of subsection (g) is equal to or greater than 
$20,000,000, a grant under this section shall be 
awarded in an amount that is not less than $30,000.’’. 
(b) ELIGIBLE
INSTITUTIONS.—Section 419N(b)(4) (20 U.S.C. 
1070e(b)(4)) is amended by inserting ‘‘, except that for any fiscal 
year for which the amount appropriated to carry out this section 
is equal to or greater than $20,000,000, this sentence shall be 
applied by substituting ‘$250,000’ for ‘$350,000’ ’’ before the period. 
(c) DEFINITION OF LOW-INCOME STUDENT.—Paragraph (7) of 
section 419N(b) (20 U.S.C. 1070e(b)) is amended to read as follows: 
Public 
information. 
Reports. 
Deadlines. 
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122 STAT. 3226 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(7) DEFINITION OF LOW-INCOME STUDENT.—For the purpose 
of this section, the term ‘low-income student’ means a student— 
‘‘(A) who is eligible to receive a Federal Pell Grant 
for the award year for which the determination is made; 
or 
‘‘(B) who would otherwise be eligible to receive a Fed-
eral Pell Grant for the award year for which the determina-
tion is made, except that the student fails to meet the 
requirements of— 
‘‘(i) section 401(c)(1) because the student is enrolled 
in a graduate or first professional course of study; 
or 
‘‘(ii) section 484(a)(5) because the student is in 
the United States for a temporary purpose.’’. 
(d) PUBLICITY.—Section 419N(b) (20 U.S.C. 1070e(b)) is further 
amended by adding at the end the following new paragraph: 
‘‘(8) PUBLICITY.—The Secretary shall publicize the avail-
ability of grants under this section in appropriate periodicals, 
in addition to publication in the Federal Register, and shall 
inform appropriate educational organizations of such avail-
ability.’’. 
(e) REPORTING REQUIREMENTS.—Section 419N(e) (20 U.S.C. 
1070e(e)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘18 months,’’ and all 
that follows through the end and inserting ‘‘annually.’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘the third annual grant payment’’ and 
inserting ‘‘continuation awards’’; and 
(B) by striking ‘‘the 18-month report’’ and inserting 
‘‘the reports’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 419N(g) (20 
U.S.C. 1070e(g)) is amended by striking ‘‘$45,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘such sums as may be necessary for fiscal year 2009 and each 
of the five succeeding fiscal years.’’. 
SEC. 411. LEARNING ANYTIME ANYWHERE PARTNERSHIPS. 
Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is 
repealed. 
SEC. 412. TEACH GRANTS. 
(a) AMENDMENTS.—Subpart 9 of part A of title IV (20 U.S.C. 
1070g et seq.) is amended— 
(1) in section 420N (20 U.S.C. 1070g–2)— 
(A) in subsection (b)— 
(i) in paragraph (1)(E), by striking ‘‘and’’ after 
the semicolon; 
(ii) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following new para-
graph: 
‘‘(3) contains, or is accompanied by, a plain-language disclo-
sure form developed by the Secretary that clearly describes 
the nature of the TEACH Grant award, the service obligation, 
and the loan repayment requirements that are the consequence 
of the failure to complete the service obligation.’’; and 
(B) by adding at the end the following new subsection: 
‘‘(d) ADDITIONAL ADMINISTRATIVE PROVISIONS.— 
Federal Register, 
publication. 
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122 STAT. 3227 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) CHANGE OF HIGH-NEED DESIGNATION.—If a recipient 
of an initial grant under this subpart has acquired an academic 
degree, or expertise, in a field that was, at the time of the 
recipient’s application for that grant, designated as high need 
in accordance with subsection (b)(1)(C)(vii), but is no longer 
so designated, the grant recipient may fulfill the service obliga-
tion described in subsection (b)(1) by teaching in that field. 
‘‘(2) EXTENUATING
CIRCUMSTANCES.—The Secretary shall 
establish, 
by 
regulation, 
categories 
of 
extenuating 
cir-
cumstances under which a recipient of a grant under this 
subpart who is unable to fulfill all or part of the recipient’s 
service obligation may be excused from fulfilling that portion 
of the service obligation.’’; and 
(2) by adding at the end the following new section: 
‘‘SEC. 420P. PROGRAM REPORT. 
‘‘Not later than two years after the date of enactment of the 
Higher Education Opportunity Act and every two years thereafter, 
the Secretary shall prepare and submit to the authorizing commit-
tees a report on TEACH grants with respect to the schools and 
students served by recipients of such grants. Such report shall 
take into consideration information related to— 
‘‘(1) the number of TEACH grant recipients; 
‘‘(2) the degrees obtained by such recipients; 
‘‘(3) 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; 
‘‘(4) the duration of such service; and 
‘‘(5) any other data necessary to conduct such evaluation.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a)(1) shall take effect on July 1, 2010. 
PART B—FEDERAL FAMILY EDUCATION LOAN 
PROGRAM 
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 ‘‘2014’’; and 
(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. 
SEC. 422. FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS. 
(a) DEFINITIONS.— 
(1) AMENDMENTS.—Subparagraph (C) of section 428(a)(2) 
(20 U.S.C. 1078(a)(2)) is amended to read as follows: 
‘‘(C) For the purpose of this paragraph— 
‘‘(i) a student’s cost of attendance shall be determined 
under section 472; 
‘‘(ii) a student’s estimated financial assistance means, 
for the period for which the loan is sought— 
‘‘(I) the amount of assistance such student will 
receive under subpart 1 of part A (as determined in 
accordance with section 484(b)), subpart 3 of part A, 
and parts C and E; plus 
‘‘(II) other scholarship, grant, or loan assistance, 
but excluding— 
20 USC 
1070g–2 note. 
20 USC 1070g–4. 
Regulations. 
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122 STAT. 3228 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(aa) any national service education award or 
post-service benefit under title I of the National 
and Community Service Act of 1990; and 
‘‘(bb) any veterans’ education benefits as 
defined in section 480(c); and 
‘‘(iii) the determination of need and of the amount 
of a loan by an eligible institution under subparagraph 
(B) with respect to a student shall be calculated in accord-
ance with part F.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect on July 1, 2010. 
(b) DURATION OF AUTHORITY TO MAKE INTEREST SUBSIDIZED 
LOANS.—Section 428(a)(5) (20 U.S.C. 1078(a)(5)) is amended— 
(1) by striking ‘‘2012’’ and inserting ‘‘2014’’; and 
(2) by striking ‘‘2016’’ and inserting ‘‘2018’’. 
(c) INSURANCE PROGRAM AGREEMENTS.— 
(1) 
DEFERMENT
INFORMATION
REQUIREMENTS.—Section 
428(b)(1)(Y) (20 U.S.C. 1078(b)(1)(Y)) is amended— 
(A) by striking clause (i) and inserting the following: 
‘‘(i) the lender shall determine the eligibility of 
a borrower for a deferment described in subparagraph 
(M)(i) based on— 
‘‘(I) receipt of a request for deferment from 
the borrower and documentation of the borrower’s 
eligibility for the deferment; 
‘‘(II) receipt of a newly completed loan applica-
tion that documents the borrower’s eligibility for 
a deferment; 
‘‘(III) receipt of student status information 
documenting that the borrower is enrolled on at 
least a half-time basis; or 
‘‘(IV) the lender’s confirmation of the bor-
rower’s half-time enrollment status through use 
of the National Student Loan Data System, if the 
confirmation is requested by the institution of 
higher education;’’; 
(B) in clause (ii), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(iii) the lender shall, at the time the lender grants 
a deferment to a borrower who received a loan under 
section 428H and is eligible for a deferment under 
subparagraph (M) of this paragraph, provide informa-
tion to the borrower to assist the borrower in under-
standing the impact of the capitalization of interest 
on the borrower’s loan principal and on the total 
amount of interest to be paid during the life of the 
loan.’’. 
(2) 
TRANSFER
INFORMATION
REQUIREMENTS.—Section 
428(b)(2)(F)(i) (20 U.S.C. 1078(b)(2)(F)(i)) is amended— 
(A) in subclause (III), by striking ‘‘and’’ after the semi-
colon; 
(B) in subclause (IV), by striking ‘‘and’’ after the semi-
colon; and 
(C) by adding at the end the following: 
‘‘(V) the effective date of the transfer; 
20 USC 1078 
note. 
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122 STAT. 3229 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(VI) the date on which the current servicer 
(as of the date of the notice) will stop accepting 
payments; and 
‘‘(VII) the date on which the new servicer will 
begin accepting payments; and’’. 
(d) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, AND 
ADVERTISING.—Paragraph (3) of section 428(b) (20 U.S.C. 1078(b)(3)) 
is amended to read as follows: 
‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAYMENTS, MAILINGS, 
AND ADVERTISING.—A guaranty agency shall not— 
‘‘(A) offer, directly or indirectly, premiums, payments, 
stock or other securities, prizes, travel, entertainment 
expenses, tuition payment or reimbursement, or other 
inducements to— 
‘‘(i) any institution of higher education or the 
employees of an institution of higher education in order 
to secure applicants for loans made under this part; 
or 
‘‘(ii) any lender, or any agent, employee, or inde-
pendent contractor of any lender or guaranty agency, 
in order to administer or market loans made under 
this part (other than a loan made as part of the guar-
anty agency’s lender-of-last-resort program pursuant 
to section 428(j)), for the purpose of securing the des-
ignation of the guaranty agency as the insurer of such 
loans; 
‘‘(B) conduct unsolicited mailings, by postal or elec-
tronic means, of student loan application forms to students 
enrolled in secondary schools or postsecondary educational 
institutions, or to the families of such students, except 
that applications may be mailed, by postal or electronic 
means, to students or borrowers who have previously 
received loans guaranteed under this part by the guaranty 
agency; 
‘‘(C) perform, for an institution of higher education 
participating in a program under this title, any function 
that such institution is required to perform under this 
title, except that the guaranty agency may perform func-
tions on behalf of such institution in accordance with sec-
tion 485(b); 
‘‘(D) pay, on behalf of an institution of higher education, 
another person to perform any function that such institu-
tion is required to perform under this title, except that 
the guaranty agency may perform functions on behalf of 
such institution in accordance with section 485(b); or 
‘‘(E) conduct fraudulent or misleading advertising con-
cerning loan availability, terms, or conditions. 
It shall not be a violation of this paragraph for a guaranty 
agency to provide technical assistance to institutions of higher 
education comparable to the technical assistance provided to 
institutions of higher education by the Department.’’. 
(e) 
INFORMATION
REGARDING
INCOME-BASED
REPAYMENT 
PLANS.— 
(1) 
IN
GENERAL.—Section 
428(b)(9)(A) 
(20 
U.S.C. 
1078(b)(9)(A)) is amended— 
(A) in clause (iii), by striking ‘‘and’’ after the semicolon; 
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122 STAT. 3230 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) in clause (iv), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(v) beginning July 1, 2009, an income-based 
repayment plan that enables a borrower who has a 
partial financial hardship to make a lower monthly 
payment in accordance with section 493C, except that 
the plan described in this clause shall not be available 
to a borrower for a loan under section 428B made 
on behalf of a dependent student or for a consolidation 
loan under section 428C, if the proceeds of such loan 
were used to discharge the liability of a loan under 
section 428B made on behalf of a dependent student.’’. 
(2) CONFORMING AMENDMENT.—Section 428(b)(1)(L)(i) (20 
U.S.C. 1078(b)(1)(L)(i)) is amended by striking ‘‘clause (ii) or 
(iii)’’ and inserting ‘‘clause (ii), (iii), or (v)’’. 
(f) FORBEARANCE INFORMATION REQUIREMENTS IN GUARANTY 
AGREEMENTS.—Section 428(c) (20 U.S.C. 1078(c)) is amended— 
(1) in paragraph (2)(H)(i), by striking ‘‘preclaims’’ and 
inserting ‘‘default aversion’’; and 
(2) in paragraph (3)(C)— 
(A) in clause (i), by striking ‘‘and’’ after the semicolon; 
(B) in clause (ii), by striking ‘‘and’’ after the semicolon; 
and 
(C) by inserting after clause (ii) the following: 
‘‘(iii) the lender shall, at the time of granting a 
borrower forbearance, provide information to the bor-
rower to assist the borrower in understanding the 
impact of capitalization of interest on the borrower’s 
loan principal and total amount of interest to be paid 
during the life of the loan; and 
‘‘(iv) the lender shall contact the borrower not less 
often than once every 180 days during the period of 
forbearance to inform the borrower of— 
‘‘(I) the amount of unpaid principal and the 
amount of interest that has accrued since the last 
statement of such amounts provided to the bor-
rower by the lender; 
‘‘(II) the fact that interest will accrue on the 
loan for the period of forbearance; 
‘‘(III) the amount of interest that will be 
capitalized, and the date on which capitalization 
will occur; 
‘‘(IV) the option of the borrower to pay the 
interest that has accrued before the interest is 
capitalized; and 
‘‘(V) the borrower’s option to discontinue the 
forbearance at any time; and’’. 
(g) APPLICABILITY OF USURY LAWS.— 
(1) AMENDMENT.—Section 428(d) (20 U.S.C. 1078(d)) is 
amended by inserting ‘‘and section 207 of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 527)’’ after ‘‘this Act’’. 
(2) CONFORMING
AMENDMENT.—Section 438 (20 U.S.C. 
1087–1) is amended by adding at the end the following new 
subsection: 
‘‘(g) SPECIAL RULE.—With respect to any loan made under 
this part for which the interest rate is determined under the 
Deadline. 
Effective date. 
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122 STAT. 3231 
PUBLIC LAW 110–315—AUG. 14, 2008 
Servicemembers Civil Relief Act (50 U.S.C. App. 527), the applicable 
interest rate to be subtracted in calculating the special allowance 
for such loan under this section shall be the interest rate determined 
under that Act for such loan.’’. 
(3) EFFECTIVE DATES.—The amendment made by paragraph 
(1) shall take effect on the date of enactment of this Act, 
and the amendment made by paragraph (2) shall take effect 
for loans for which the first disbursement is made on or after 
July 1, 2008. 
(h) REPEAL OF DUPLICATIVE NOTICE REQUIREMENT.—Subsection 
(e) of section 428 (20 U.S.C. 1078(e)) is repealed. 
(i) INFORMATION
ON DEFAULTS.—Section 428(k) (20 U.S.C. 
1078(k)) is amended by adding at the end the following: 
‘‘(4) PROVISION
OF
INFORMATION
TO
BORROWERS
IN 
DEFAULT.—Each guaranty agency that has received a default 
claim from a lender regarding a borrower, shall provide the 
borrower in default, on not less than two separate occasions, 
with a notice, in simple and understandable terms, of not 
less than the following information: 
‘‘(A) The options available to the borrower to remove 
the borrower’s loan from default. 
‘‘(B) The relevant fees and conditions associated with 
each option.’’. 
(j) AUTHORITY TO REQUIRE INCOME-BASED REPAYMENT.—Sec-
tion 428(m) (20 U.S.C. 1078(m)) is amended— 
(1) in the subsection heading, by inserting ‘‘AND INCOME- 
BASED’’ after ‘‘INCOME CONTINGENT’’; 
(2) in paragraph (1)— 
(A) by inserting ‘‘or income-based repayment plan’’ 
before ‘‘, the terms and conditions’’; and 
(B) by inserting ‘‘or an income-based repayment plan 
under section 493C, as the case may be’’ before the period 
at the end; and 
(3) in the paragraph heading of paragraph (2), by inserting 
‘‘OR INCOME-BASED’’ after ‘‘INCOME CONTINGENT’’. 
SEC. 423. VOLUNTARY FLEXIBLE AGREEMENTS. 
Section 428A(a) (20 U.S.C. 1078–1(a)) is amended by adding 
at the end the following: 
‘‘(3) REPORT REQUIRED.— 
‘‘(A) IN GENERAL.—The Secretary, in consultation with 
the guaranty agencies operating under voluntary flexible 
agreements, shall report on an annual basis to the author-
izing committees regarding the program outcomes that the 
voluntary flexible agreements have had with respect to— 
‘‘(i) program integrity and program and cost effi-
ciencies, delinquency prevention, and default aversion, 
including a comparison of such outcomes to such out-
comes for each guaranty agency operating under an 
agreement under subsection (b) or (c) of section 428; 
‘‘(ii) consumer education programs described in sec-
tion 433A; and 
‘‘(iii) the availability and delivery of student finan-
cial aid. 
‘‘(B) CONTENTS.—Each report described in subpara-
graph (A) shall include— 
20 USC 1078 
note. 
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122 STAT. 3232 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) a description of each voluntary flexible agree-
ment and the performance goals established by the 
Secretary for each agreement; 
‘‘(ii) a list of— 
‘‘(I) guaranty agencies operating under vol-
untary flexible agreements; 
‘‘(II) the specific statutory or regulatory 
waivers provided to each such guaranty agency; 
and 
‘‘(III) any other waivers provided to other guar-
anty agencies under paragraph (1); 
‘‘(iii) a description of the standards by which each 
guaranty agency’s performance under the guaranty 
agency’s voluntary flexible agreement was assessed 
and the degree to which each guaranty agency achieved 
the performance standards; 
‘‘(iv) an analysis of the fees paid by the Secretary, 
and the costs and efficiencies achieved under each 
voluntary flexible agreement; and 
‘‘(v) an identification of promising practices for pro-
gram improvement that could be replicated by other 
guaranty agencies.’’. 
SEC. 424. FEDERAL PLUS LOANS. 
(a) AMENDMENTS.—Section 428B (20 U.S.C. 1078–2) is 
amended— 
(1) in subsection (a)(3)(B)(i), by striking subclause (II) and 
inserting the following: 
‘‘(II) does not otherwise have an adverse credit 
history, as determined by the lender in accordance 
with the regulations promulgated pursuant to para-
graph (1)(A), as such regulations were in effect on 
the day before the date of enactment of the Ensuring 
Continued Access to Student Loans Act of 2008.’’; and 
(2) in subsection (d), by striking paragraphs (1) and (2) 
and inserting the following: 
‘‘(1) COMMENCEMENT OF REPAYMENT.—Repayment of prin-
cipal on loans made under this section shall commence not 
later than 60 days after the date such loan is disbursed by 
the lender, subject to deferral— 
‘‘(A)(i) during any period during which the parent bor-
rower or the graduate or professional student borrower 
meets the conditions required for a deferral under section 
427(a)(2)(C) or 428(b)(1)(M); and 
‘‘(ii) upon the request of the parent borrower, during 
any period during which the student on whose behalf the 
loan was borrowed by the parent borrower meets the condi-
tions required for a deferral under section 427(a)(2)(C)(i)(I) 
or 428(b)(1)(M)(i)(I); and 
‘‘(B)(i) in the case of a parent borrower, upon the 
request of the parent borrower, during the 6-month period 
beginning on the later of— 
‘‘(I) the day after the date the student on whose 
behalf the loan was borrowed ceases to carry at least 
one-half the normal full-time academic workload (as 
determined by the institution); or 
Time period. 
Deadline. 
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122 STAT. 3233 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(II) if the parent borrower is also a student, the 
day after the date such parent borrower ceases to 
carry at least one-half such a workload; and 
‘‘(ii) in the case of a graduate or professional student 
borrower, during the 6-month period beginning on the day 
after the date such student ceases to carry at least one- 
half the normal full-time academic workload (as determined 
by the institution). 
‘‘(2) CAPITALIZATION OF INTEREST.— 
‘‘(A) IN GENERAL.—Interest on loans made under this 
section for which payments of principal are deferred pursu-
ant to paragraph (1) shall, if agreed upon by the borrower 
and the lender— 
‘‘(i) be paid monthly or quarterly; or 
‘‘(ii) be added to the principal amount of the loan 
not more frequently than quarterly by the lender. 
‘‘(B) INSURABLE
LIMITS.—Capitalization of interest 
under this paragraph shall not be deemed to exceed the 
annual insurable limit on account of the borrower.’’. 
(b) CONFORMING AMENDMENT.—Section 428(b)(7)(C) (20 U.S.C. 
1078(b)(7)(C)) is amended by striking ‘‘section’’ and all that follows 
through ‘‘428C’’ and inserting ‘‘section 428B or 428C’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect for loans for which the first disbursement is made 
on or after July 1, 2008. 
SEC. 425. FEDERAL CONSOLIDATION LOANS. 
(a) ELIGIBLE BORROWER.—Section 428C(a)(3)(B)(i)(V) (20 U.S.C. 
1078–3(a)(3)(B)(i)(V)) is amended— 
(1) in item (aa), by striking ‘‘or’’ after the semicolon; 
(2) in item (bb), by striking the period and inserting ‘‘; 
or’’; and 
(3) by adding at the end the following: 
‘‘(cc) for the purpose of using the no accrual of 
interest for active duty service members benefit offered 
under section 455(o).’’. 
(b) CONSOLIDATION LOAN LENDER AGREEMENTS.— 
(1) IN
GENERAL.—Section 428C(b)(1) (20 U.S.C. 1078– 
3(b)(1)) is amended— 
(A) in subparagraph (E), by striking ‘‘and’’ after the 
semicolon; 
(B) by redesignating subparagraph (F) as subparagraph 
(G); and 
(C) by inserting after subparagraph (E) the following: 
‘‘(F) that the lender shall disclose to a prospective 
borrower, in simple and understandable terms, at the time 
the lender provides an application for a consolidation loan— 
‘‘(i) whether consolidation would result in a loss 
of loan benefits under this part or part D, including 
loan forgiveness, cancellation, and deferment; 
‘‘(ii) with respect to Federal Perkins Loans under 
part E— 
‘‘(I) that if a borrower includes a Federal Per-
kins Loan under part E in the consolidation loan, 
the borrower will lose all interest-free periods that 
would have been available for the Federal Perkins 
Loan, such as— 
20 USC 1078 
note. 
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122 STAT. 3234 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(aa) the periods during which no interest 
accrues on such loan while the borrower is 
enrolled in school at least half-time; 
‘‘(bb) the grace period under section 
464(c)(1)(A); and 
‘‘(cc) the periods during which the bor-
rower’s student loan repayments are deferred 
under section 464(c)(2); 
‘‘(II) that if a borrower includes a Federal Per-
kins Loan in the consolidation loan, the borrower 
will no longer be eligible for cancellation of part 
or all of the Federal Perkins Loan under section 
465(a); and 
‘‘(III) the occupations listed in section 465 that 
qualify for Federal Perkins Loan cancellation 
under section 465(a); 
‘‘(iii) the repayment plans that are available to 
the borrower; 
‘‘(iv) the options of the borrower to prepay the 
consolidation loan, to pay such loan on a shorter 
schedule, and to change repayment plans; 
‘‘(v) that borrower benefit programs for a consolida-
tion loan may vary among different lenders; 
‘‘(vi) the consequences of default on the consolida-
tion loan; and 
‘‘(vii) that by applying for a consolidation loan, 
the borrower is not obligated to agree to take the 
consolidation loan; and’’. 
(2) CONSOLIDATION LOANS.—Section 428C(b)(5) (20 U.S.C. 
1078–3(b)(5)) is amended— 
(A) by inserting after the first sentence the following: 
‘‘In addition, in the event that a borrower chooses to obtain 
a consolidation loan for the purposes of using the no accrual 
of interest for active duty service members program offered 
under section 455(o), the Secretary shall offer a Federal 
Direct Consolidation loan to any such borrower who applies 
for participation in such program.’’; and 
(B) by striking ‘‘Such direct consolidation loan’’ and 
inserting ‘‘A direct consolidation loan offered under this 
paragraph’’. 
(3) CONFORMING AMENDMENT.—Section 455(g) (20 U.S.C. 
1087e(g)) is amended by striking ‘‘section 428C(b)(1)(F)’’ and 
inserting ‘‘section 428C(b)(1)(G)’’. 
(c) TECHNICAL AMENDMENT.—Section 203(b)(2)(C) of the College 
Cost Reduction and Access Act (121 Stat. 794) is amended by 
striking ‘‘the second sentence’’ and inserting ‘‘the third sentence’’. 
(d) INCOME-BASED REPAYMENT.— 
(1) AMENDMENTS.—Section 428C(c) (20 U.S.C. 1078–3(c)) 
is amended— 
(A) in the matter preceding clause (i) of paragraph 
(2)(A)— 
(i) by striking ‘‘or income-sensitive’’ and inserting 
‘‘income-sensitive, or income-based’’; and 
(ii) by inserting ‘‘or income-based’’ after ‘‘such 
income-sensitive’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (A)— 
20 USC 1078–3. 
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122 STAT. 3235 
PUBLIC LAW 110–315—AUG. 14, 2008 
(I) by inserting ‘‘except in the case of an 
income-based repayment schedule under section 
493C’’, before ‘‘a repayment’’; and 
(II) by striking ‘‘and’’ after the semicolon; 
(ii) in subparagraph (B), by striking the period 
at the end and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(C) an income-based repayment schedule under sec-
tion 493C shall not be available to a consolidation loan 
borrower who used the proceeds of the loan to discharge 
the liability on a loan under section 428B, or a Federal 
Direct PLUS loan, made on behalf of a dependent student.’’. 
(2) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on July 1, 2009. 
(e) EXTENSION OF CONSOLIDATION LOAN AUTHORITY.—Section 
428C(e) (20 U.S.C. 1078–3(e)) is amended by striking ‘‘2012’’ and 
inserting ‘‘2014’’. 
SEC. 426. DEFAULT REDUCTION PROGRAM. 
Section 428F (20 U.S.C. 1078–6) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by adding at the end the 
following: ‘‘Upon the sale of the loan to an eligible lender, 
the guaranty agency or other holder of the loan shall 
request any consumer reporting agency to which the guar-
anty agency or holder, as applicable, reported the default 
of the loan, to remove the record of default from the bor-
rower’s credit history.’’; and 
(B) by adding at the end the following: 
‘‘(5) LIMITATION.—A borrower may obtain the benefits avail-
able under this subsection with respect to rehabilitating a 
loan only one time per loan.’’; and 
(2) by adding at the end the following: 
‘‘(c) FINANCIAL
AND
ECONOMIC
LITERACY.—Each program 
described in subsection (b) shall include making available financial 
and economic education materials for a borrower who has rehabili-
tated a loan.’’. 
SEC. 427. REQUIREMENTS FOR DISBURSEMENT OF STUDENT LOANS. 
(a) SPECIAL RULE.—Section 428G(a) (20 U.S.C. 1078–7(a)) is 
amended by adding at the end the following: 
‘‘(4) AMENDMENT TO SPECIAL RULE.—Beginning on October 
1, 2011, the special rule under paragraph (3) shall be applied 
by substituting ‘15 percent’ for ‘10 percent’.’’. 
(b) REQUIREMENTS FOR DISBURSEMENTS TO FIRST YEAR STU-
DENTS.—Section 428G(b) (20 U.S.C. 1078–7(b)) is amended by 
adding at the end the following: 
‘‘(3) AMENDMENT TO COHORT DEFAULT RATE EXEMPTION.— 
Beginning on October 1, 2011, the exemption to the require-
ments of paragraph (1) in the second sentence of such para-
graph shall be applied by substituting ‘15 percent’ for ‘10 per-
cent’.’’. 
SEC. 428. UNSUBSIDIZED STAFFORD LOAN LIMITS. 
(a) AMENDMENTS.—Section 428H(d) (20 U.S.C. 1078–8(d)) is 
amended— 
(1) in paragraph (2)— 
Effective date. 
Effective date. 
20 USC 
1078–3 note. 
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122 STAT. 3236 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) in the paragraph heading, by striking ‘‘GRADUATE 
AND PROFESSIONAL STUDENTS’’ and inserting ‘‘GRADUATE, 
PROFESSIONAL, 
AND
INDEPENDENT
POSTBACCALAUREATE 
STUDENTS’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), by inserting 
‘‘, or a student described in clause (ii),’’ after ‘‘graduate 
or professional student’’; and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) notwithstanding paragraph (4), in the case 
of an independent student, or a dependent student 
whose parents are unable to borrow under section 428B 
or the Federal Direct PLUS Loan Program, who has 
obtained a baccalaureate degree and who is enrolled 
in coursework specified in paragraph (3)(B) or (4)(B) 
of section 484(b)— 
‘‘(I) $7,000 for coursework necessary for enroll-
ment in a graduate or professional program; and 
‘‘(II) $7,000 for coursework necessary for a 
professional credential or certification from a State 
required for employment as a teacher in an 
elementary or secondary school,’’; and 
(2) in paragraph (4)(A), by striking clause (iii) and inserting 
the following: 
‘‘(iii) in the case of such a student enrolled in 
coursework specified in— 
‘‘(I) section 484(b)(3)(B), $6,000; or 
‘‘(II) section 484(b)(4)(B), $7,000.’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall take effect for loans for which the first disbursement is made 
on or after July 1, 2008. 
SEC. 429. LOAN FORGIVENESS FOR TEACHERS EMPLOYED BY EDU-
CATIONAL SERVICE AGENCIES. 
Section 428J (20 U.S.C. 1078–10) is amended— 
(1) in subsection (b)(1)(A)— 
(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 
(B) by inserting ‘‘or locations’’ after ‘‘schools’’; 
(2) in subsection (c)(1), by striking the second sentence; 
(3) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 
of a teacher who is employed by an educational service agency, 
as certified by the chief administrative officer of such agency,’’ 
after ‘‘borrower is employed,’’; and 
(4) in subsection (g), by striking paragraph (2) and inserting 
the following: 
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 
for the same service, receive a benefit under both this section 
and— 
‘‘(A) section 428K; 
‘‘(B) section 455(m); 
‘‘(C) section 460; or 
‘‘(D) subtitle D of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 
SEC. 430. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL 
NEED. 
Section 428K (20 U.S.C. 1078–11) is amended to read as follows: 
20 USC 
1078–8 note. 
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122 STAT. 3237 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘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 section, the qualified loan 
amount described in subsection (c) of the student loan obligation 
of a borrower who— 
‘‘(A) is employed full-time in an area of national need, 
as 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 assume the 
obligation to repay a qualified loan amount for a loan 
made, insured, or guaranteed under this part (other than 
an excepted PLUS loan or an excepted consolidation loan 
(as such terms are 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 an excepted PLUS 
loan or an excepted consolidation loan). 
‘‘(3) REGULATIONS.—The Secretary is authorized to issue 
such regulations as may be necessary to carry out this section. 
‘‘(b) AREAS OF NATIONAL NEED.—For purposes of this section, 
an individual is employed in an area of national need if the indi-
vidual meets the requirements of one of the following: 
‘‘(1) EARLY
CHILDHOOD
EDUCATORS.—The individual is 
employed full-time as an early childhood educator. 
‘‘(2) NURSES.—The individual is employed full-time— 
‘‘(A) as a nurse in a clinical setting; or 
‘‘(B) as a member of the nursing faculty at an accred-
ited school of nursing (as those terms are defined in section 
801 of the Public Health Service Act (42 U.S.C. 296)). 
‘‘(3) FOREIGN LANGUAGE SPECIALISTS.—The individual— 
‘‘(A) has obtained a baccalaureate or advanced degree 
in a critical foreign language; and 
‘‘(B) is employed full-time— 
‘‘(i) in an elementary school or secondary school 
as a teacher of a critical foreign language; 
‘‘(ii) in an agency of the United States Government 
in a position that regularly requires the use of such 
critical foreign language; or 
‘‘(iii) in an institution of higher education as a 
faculty member or instructor teaching a critical foreign 
language. 
‘‘(4) LIBRARIANS.—The individual is employed full-time as 
a librarian in— 
‘‘(A) a public library that serves a geographic area 
within which the public schools have a combined average 
of 30 percent or more of the schools’ total student enroll-
ments composed of children meeting a measure of poverty 
under section 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965; or 
‘‘(B) a school that qualifies under section 465(a)(2)(A) 
for loan cancellation for Perkins loan recipients who teach 
in such a school. 
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122 STAT. 3238 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(5) HIGHLY QUALIFIED TEACHERS SERVING STUDENTS WHO 
ARE LIMITED ENGLISH PROFICIENT, LOW-INCOME COMMUNITIES, 
AND UNDERREPRESENTED POPULATIONS.—The individual— 
‘‘(A) is highly qualified, as such term is defined in 
section 9101 of the Elementary and Secondary Education 
Act of 1965; and 
‘‘(B) is employed full-time— 
‘‘(i) as a teacher educating students who are lim-
ited English proficient; 
‘‘(ii) as a teacher in a school that qualifies under 
section 465(a)(2)(A) for loan cancellation for Perkins 
loan recipients who teach in such a school; 
‘‘(iii) as a teacher and is an individual from an 
underrepresented population in the teaching profes-
sion, as determined by the Secretary; or 
‘‘(iv) as a teacher in an educational service agency, 
as such term is defined in section 9101 of the 
Elementary and Secondary Education Act of 1965. 
‘‘(6) CHILD WELFARE WORKERS.—The individual— 
‘‘(A) has obtained a degree in social work or a related 
field with a focus on serving children and families; and 
‘‘(B) is employed full-time in public or private child 
welfare services. 
‘‘(7) SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.— 
The individual— 
‘‘(A) is employed full-time as a speech-language 
pathologist or audiologist in an eligible preschool program 
or a school that qualifies under section 465(a)(2)(A) for 
loan cancellation for Perkins loan recipients who teach 
in such a school; and 
‘‘(B) has, at a minimum, a graduate degree in speech- 
language pathology, audiology, or communication sciences 
and disorders. 
‘‘(8) SCHOOL COUNSELORS.—The individual is employed full- 
time as a school counselor (as such term is defined in section 
5421(e) of the Elementary and Secondary Education Act of 
1965), in a school that qualifies under section 465(a)(2)(A) for 
loan cancellation for Perkins loan recipients who teach in such 
a school. 
‘‘(9) 
PUBLIC
SECTOR
EMPLOYEES.—The 
individual 
is 
employed full-time in— 
‘‘(A) public safety (including as a first responder, fire-
fighter, police officer, or other law enforcement or public 
safety officer); 
‘‘(B) emergency management (including as an emer-
gency medical technician); 
‘‘(C) public health (including full-time professionals 
engaged in health care practitioner occupations and health 
care support occupations, as such terms are defined by 
the Bureau of Labor Statistics); or 
‘‘(D) public interest legal services (including prosecu-
tion, public defense, or legal advocacy in low-income 
communities at a nonprofit organization). 
‘‘(10) NUTRITION PROFESSIONALS.—The individual— 
‘‘(A) is a licensed, certified, or registered dietician who 
has completed a degree in a relevant field; and 
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122 STAT. 3239 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) is employed full-time as a dietician with an agency 
of the special supplemental nutrition program for women, 
infants, and children under section 17 of the Child Nutri-
tion Act of 1966 (42 U.S.C. 1786). 
‘‘(11) MEDICAL SPECIALISTS.—The individual— 
‘‘(A) has received a degree from a medical school at 
an institution of higher education; and 
‘‘(B) has been accepted to, or currently participates 
in, a full-time graduate medical education training program 
or fellowship (or both) to provide health care services (as 
recognized by the Accreditation Council for Graduate Med-
ical Education) that— 
‘‘(i) requires more than five years of total graduate 
medical training; and 
‘‘(ii) has fewer United States medical school grad-
uate applicants than the total number of positions 
available in such program or fellowship. 
‘‘(12) MENTAL HEALTH PROFESSIONALS.—The individual— 
‘‘(A) has not less than a master’s degree in social 
work, psychology, or psychiatry; and 
‘‘(B) is employed full-time providing mental health 
services to children, adolescents, or veterans. 
‘‘(13) DENTISTS.—The individual— 
‘‘(A)(i) has received a degree from an accredited dental 
school (as accredited by the Commission on Dental Accredi-
tation); 
‘‘(ii) has completed residency training in pediatric den-
tistry, general dentistry, or dental public health; and 
‘‘(iii) is employed full-time as a dentist; or 
‘‘(B) is employed full-time as a member of the faculty 
at a program or school accredited by the Commission on 
Dental Accreditation. 
‘‘(14) STEM EMPLOYEES.—The individual is employed full- 
time in applied sciences, technology, engineering, or mathe-
matics. 
‘‘(15) PHYSICAL THERAPISTS.—The individual— 
‘‘(A) is a physical therapist; and 
‘‘(B) is employed full-time providing physical therapy 
services to children, adolescents, or veterans. 
‘‘(16) SUPERINTENDENTS, PRINCIPALS, AND OTHER ADMINIS-
TRATORS.—The individual is employed full-time as a school 
superintendent, principal, or other administrator in a local 
educational agency, including in an educational service agency, 
in which 30 percent or more of the schools are schools that 
qualify under section 465(a)(2)(A) for loan cancellation for Per-
kins loan recipients who teach in such a school. 
‘‘(17) OCCUPATIONAL
THERAPISTS.—The individual is an 
occupational therapist and is employed full-time providing 
occupational therapy services to children, adolescents, or vet-
erans. 
‘‘(c) QUALIFIED LOAN AMOUNT.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), for each school, 
academic, or calendar year of full-time employment in an area 
of national need described in subsection (b) that a borrower 
completes on or after the date of enactment of the Higher 
Education Opportunity Act, the Secretary shall forgive not more 
than $2,000 of the student loan obligation of the borrower 
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122 STAT. 3240 
PUBLIC LAW 110–315—AUG. 14, 2008 
that is outstanding after the completion of each such school, 
academic, or calendar year of employment, respectively. 
‘‘(2) MAXIMUM AMOUNT.—The Secretary shall not forgive 
more than $10,000 in the aggregate for any borrower under 
this section, and no borrower shall receive loan forgiveness 
under this section for more than five years of service. 
‘‘(d) PRIORITY.—The Secretary shall grant loan forgiveness 
under this section on a first-come, first-served basis, and subject 
to the availability of appropriations. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to authorize the refunding of any repayment of a 
loan. 
‘‘(f) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 
for the same service, receive a reduction of loan obligations under 
both this section and section 428J, 428L, 455(m), or 460. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) AUDIOLOGIST.—The term ‘audiologist’ means an indi-
vidual who— 
‘‘(A) has received, at a minimum, a graduate degree 
in audiology from an institution of higher education accred-
ited by an agency or association recognized by the Secretary 
pursuant to section 496(a); and 
‘‘(B)(i) provides audiology services under subsection 
(ll)(2) of section 1861 of the Social Security Act (42 U.S.C. 
1395x(ll)(2)); or 
‘‘(ii) meets or exceeds the qualifications for a qualified 
audiologist under subsection (ll)(4) of such section (42 
U.S.C. 1395x(ll)(4)). 
‘‘(2) EARLY CHILDHOOD EDUCATOR.—The term ‘early child-
hood educator’ means an individual who— 
‘‘(A) works directly with children in an eligible pre-
school program or eligible early childhood education pro-
gram in a low-income community; 
‘‘(B) is involved directly in the care, development, and 
education of infants, toddlers, or young children age five 
and under; and 
‘‘(C) has completed a baccalaureate or advanced degree 
in early childhood development or early childhood edu-
cation, or in a field related to early childhood education. 
‘‘(3) ELIGIBLE PRESCHOOL PROGRAM.—The term ‘eligible pre-
school program’ means a program that— 
‘‘(A) provides for the care, development, and education 
of infants, toddlers, or young children age five and under; 
‘‘(B) meets any applicable State or local government 
licensing, certification, approval, and registration require-
ments, and 
‘‘(C) is operated by— 
‘‘(i) a public or private school that is supported, 
sponsored, supervised, or administered by a local edu-
cational agency; 
‘‘(ii) a Head Start agency serving as a grantee 
designated under the Head Start Act (42 U.S.C. 9831 
et seq.); 
‘‘(iii) a nonprofit or community based organization; 
or 
‘‘(iv) a child care program, including a home. 
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122 STAT. 3241 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) ELIGIBLE
EARLY
CHILDHOOD
EDUCATION
PROGRAM.— 
The term ‘eligible early childhood education program’ means— 
‘‘(A) a family child care program, center-based child 
care program, State prekindergarten program, school pro-
gram, or other out-of-home early childhood development 
care program, that— 
‘‘(i) is licensed or regulated by the State; and 
‘‘(ii) serves two or more unrelated children who 
are not old enough to attend kindergarten; 
‘‘(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). 
‘‘(5) LOW-INCOME
COMMUNITY.—The term ‘low-income 
community’ means a school attendance area (as defined in 
section 1113(a)(2)(A) of the Elementary and Secondary Edu-
cation 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 school that qualifies under section 
465(a)(2)(A) for loan cancellation for Perkins loan recipients 
who teach in such a school. 
‘‘(6) NURSE.—The term ‘nurse’ means a nurse who meets 
all of the following: 
‘‘(A) The nurse graduated from— 
‘‘(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 unrestricted license 
to practice nursing in the State in which the nurse practices 
in a clinical setting. 
‘‘(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 collegiate school of 
nursing (as defined in section 801 of the Public Health 
Service Act (42 U.S.C. 296)). 
‘‘(iii) A nursing degree from an associate degree 
school of nursing (as defined in such section). 
‘‘(iv) A nursing degree from a diploma school of 
nursing (as defined in such section). 
‘‘(7) OCCUPATIONAL
THERAPIST.—The term ‘occupational 
therapist’ means an individual who— 
‘‘(A) has received, at a minimum, a baccalaureate 
degree in occupational therapy from an institution of higher 
education accredited by an agency or association recognized 
by the Secretary pursuant to section 496(a); and 
‘‘(B)(i) provides occupational therapy services under 
section 1861(g) of the Social Security Act (42 U.S.C. 
1395x(g)); or 
‘‘(ii) meets or exceeds the qualifications for a qualified 
occupational therapist, as determined by State law. 
‘‘(8) PHYSICAL
THERAPIST.—The term ‘physical therapist’ 
means an individual who— 
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122 STAT. 3242 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) has received, at a minimum, a graduate degree 
in physical therapy from an institution of higher education 
accredited by an agency or association recognized by the 
Secretary pursuant to section 496(a); and 
‘‘(B)(i) provides physical therapy services under section 
1861(p) of the Social Security Act (42 U.S.C. 1395x(p)); 
or 
‘‘(ii) meets or exceeds the qualifications for a qualified 
physical therapist, as determined by State law. 
‘‘(9) SPEECH-LANGUAGE PATHOLOGIST.—The term ‘speech- 
language pathologist’ means a speech-language pathologist 
who— 
‘‘(A) has received, at a minimum, a graduate 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 
Secretary pursuant to section 496(a); 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)). 
‘‘(h) 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 five succeeding 
fiscal years to provide loan forgiveness in accordance with this 
section.’’. 
SEC. 431. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTOR-
NEYS. 
Part B of title IV (20 U.S.C. 1071 et seq.) is amended by 
inserting after section 428K the following: 
‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTOR-
NEYS. 
‘‘(a) PURPOSE.—The purpose of this section is to encourage 
qualified individuals to enter and continue employment as civil 
legal assistance attorneys. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.—The term ‘civil 
legal assistance attorney’ means an attorney who— 
‘‘(A) is a full-time employee of— 
‘‘(i) a nonprofit organization that provides legal 
assistance with respect to civil matters to low-income 
individuals without a fee; or 
‘‘(ii) a protection and advocacy system or client 
assistance program that provides legal assistance with 
respect to civil matters and receives funding under— 
‘‘(I) subtitle C of title I of the Developmental 
Disabilities Assistance and Bill of Rights Act of 
2000 (42 U.S.C. 15041 et seq.); 
‘‘(II) section 112 or 509 of the Rehabilitation 
Act of 1973 (29 U.S.C. 732, 794e); 
‘‘(III) part A of title I of the Protection and 
Advocacy for Individuals with Mental Illness Act 
(42 U.S.C. 10801 et seq.); 
‘‘(IV) section 5 of the Assistive Technology Act 
of 1998 (29 U.S.C. 3004); 
20 USC 1078–12. 
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122 STAT. 3243 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(V) section 1150 of the Social Security Act 
(42 U.S.C. 1320b–21); 
‘‘(VI) section 1253 of the Public Health Service 
Act (42 U.S.C. 300d–53); or 
‘‘(VII) section 291 of the Help America Vote 
Act of 2002 (42 U.S.C. 15461); 
‘‘(B) as such employee, provides civil legal assistance 
as described in subparagraph (A) on a full-time basis; and 
‘‘(C) is continually licensed to practice law. 
‘‘(2) STUDENT LOAN.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘student loan’ means— 
‘‘(i) subject to clause (ii), a loan made, insured, 
or guaranteed under this part, part D, or part E; 
and 
‘‘(ii) a loan made under section 428C or 455(g), 
to the extent that such loan was used to repay— 
‘‘(I) a Federal Direct Stafford Loan, a Federal 
Direct Unsubsidized Stafford Loan, or a Federal 
Direct PLUS Loan; 
‘‘(II) a loan made under section 428, 428B, 
or 428H; or 
‘‘(III) a loan made under part E. 
‘‘(B) EXCLUSION
OF
PARENT
PLUS
LOANS.—The term 
‘student loan’ does not include any of the following loans: 
‘‘(i) A loan made to the parents of a dependent 
student under section 428B. 
‘‘(ii) A Federal Direct PLUS Loan made to the 
parents of a dependent student. 
‘‘(iii) A loan made under section 428C or 455(g), 
to the extent that such loan was used to repay— 
‘‘(I) a loan made to the parents of a dependent 
student under section 428B; or 
‘‘(II) a Federal Direct PLUS Loan made to 
the parents of a dependent student. 
‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated under 
subsection (i) for a fiscal year, the Secretary shall carry out a 
program of assuming the obligation to repay a student loan, by 
direct payments on behalf of a borrower to the holder of such 
loan, in accordance with subsection (d), for any borrower who— 
‘‘(1) is employed as a civil legal assistance attorney; and 
‘‘(2) is not in default on a loan for which the borrower 
seeks repayment. 
‘‘(d) TERMS OF AGREEMENT.— 
‘‘(1) IN GENERAL.—To be eligible to receive repayment bene-
fits under subsection (c), a borrower shall enter into a written 
agreement with the Secretary that specifies that— 
‘‘(A) the borrower will remain employed as a civil legal 
assistance attorney for a required period of service of not 
less than three years, unless involuntarily separated from 
that employment; 
‘‘(B) if the borrower is involuntarily separated from 
employment on account of misconduct, or voluntarily sepa-
rates from employment, before the end of the period speci-
fied in the agreement, the borrower will repay the Secretary 
the amount of any benefits received by such employee 
under this agreement; 
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122 STAT. 3244 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) if the borrower is required to repay an amount 
to the Secretary under subparagraph (B) and fails to repay 
such amount, a sum equal to that amount shall be recover-
able by the Federal Government from the employee by 
such methods as are provided by law for the recovery 
of amounts owed to the Federal Government; 
‘‘(D) the Secretary may waive, in whole or in part, 
a right of recovery under this subsection if it is shown 
that recovery would be contrary to the public interest; 
and 
‘‘(E) the Secretary shall make student loan payments 
under this section for the period of the agreement, subject 
to the availability of appropriations. 
‘‘(2) REPAYMENTS.— 
‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 
from, an individual under this subsection shall be credited 
to the appropriation account from which the amount 
involved was originally paid. 
‘‘(B) MERGER.—Any amount credited under subpara-
graph (A) shall be merged with other sums in such account 
and shall be available for the same purposes and period, 
and subject to the same limitations, if any, as the sums 
with which the amount was merged. 
‘‘(3) LIMITATIONS.— 
‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 
repayments made by the Secretary under this section shall 
be made subject to such terms, limitations, or conditions 
as may be mutually agreed upon by the borrower and 
the Secretary in an agreement under paragraph (1), except 
that the amount paid by the Secretary under this section 
shall not exceed— 
‘‘(i) $6,000 for any borrower in any calendar year; 
or 
‘‘(ii) an aggregate total of $40,000 in the case of 
any borrower. 
‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 
shall authorize the Secretary to pay any amount to 
reimburse a borrower for any repayments made by such 
borrower prior to the date on which the Secretary entered 
into an agreement with the borrower under this subsection. 
‘‘(e) ADDITIONAL AGREEMENTS.— 
‘‘(1) IN GENERAL.—On completion of the required period 
of service under an agreement under subsection (d), the bor-
rower and the Secretary may, subject to paragraph (2), enter 
into an additional agreement in accordance with subsection 
(d). 
‘‘(2) TERM.—An agreement entered into under paragraph 
(1) may require the borrower to remain employed as a civil 
legal assistance attorney for less than three years. 
‘‘(f) AWARD BASIS; PRIORITY.— 
‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Secretary 
shall provide repayment benefits under this section on a first- 
come, first-served basis, and subject to the availability of appro-
priations. 
‘‘(2) PRIORITY.—The Secretary shall give priority in pro-
viding repayment benefits under this section in any fiscal year 
to a borrower who— 
Waiver authority. 
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122 STAT. 3245 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) has practiced law for five years or less and, for 
not less than 90 percent of the time in such practice, 
has served as a civil legal assistance attorney; 
‘‘(B) received repayment benefits under this section 
during the preceding fiscal year; and 
‘‘(C) has completed less than three years of the first 
required period of service specified for the borrower in 
an agreement entered into under subsection (d). 
‘‘(g) INELIGIBILITY FOR DOUBLE BENEFITS.—No borrower may, 
for the same service, receive a reduction of loan obligations under 
both this section and section 428K or 455(m). 
‘‘(h) REGULATIONS.—The Secretary is authorized to issue such 
regulations as may be necessary to carry out this section. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $10,000,000 for fiscal 
year 2009 and such sums as may be necessary for each of the 
five succeeding fiscal years.’’. 
SEC. 432. REPORTS TO CONSUMER REPORTING AGENCIES AND 
INSTITUTIONS OF HIGHER EDUCATION. 
(a) IN GENERAL.—Section 430A (20 U.S.C. 1080a) is amended— 
(1) in the section heading, by striking ‘‘CREDIT BUREAUS’’ 
and inserting ‘‘CONSUMER REPORTING AGENCIES’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1)— 
(i) in the first sentence— 
(I) by striking ‘‘the Secretary,’’ and inserting 
‘‘the Secretary and’’; and 
(II) by striking ‘‘agreements with credit bureau 
organizations’’ and inserting ‘‘an agreement with 
each consumer reporting agency’’; 
(ii) in the second sentence— 
(I) by striking ‘‘such organizations’’ each place 
the term occurs and inserting ‘‘such consumer 
reporting agencies’’; and 
(II) by striking ‘‘insurance), by’’ and inserting 
‘‘insurance) or by’’; and 
(iii) in the third sentence— 
(I) by striking ‘‘Secretary,’’ and inserting ‘‘Sec-
retary or’’; and 
(II) by striking ‘‘organizations’’ and inserting 
‘‘consumer reporting agencies’’; 
(B) by redesignating paragraphs (1), (2), and (3) as 
paragraphs (2), (4), and (5), respectively; 
(C) by inserting before paragraph (2) (as redesignated 
by subparagraph (B)), the following: 
‘‘(1) that the loan is an education loan (as such term is 
defined in section 151);’’; and 
(D) by inserting after paragraph (2) (as redesignated 
by subparagraph (B)) the following: 
‘‘(3) information concerning the repayment status of the 
loan for inclusion in the file of the borrower, except that nothing 
in this subsection shall be construed to affect any otherwise 
applicable provision of the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.);’’; 
(3) in subsection (b)— 
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122 STAT. 3246 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) by striking ‘‘organizations’’ and inserting ‘‘consumer 
reporting agencies’’; and 
(B) by striking ‘‘subsection (a)(2)’’ and inserting ‘‘sub-
section (a)(4)’’; 
(4) in subsection (c)— 
(A) in paragraph (2), by striking ‘‘organizations’’ and 
inserting ‘‘consumer reporting agencies’’; and 
(B) in paragraph (4)— 
(i) by striking ‘‘subsection (a)(2)’’ and inserting 
‘‘subsection (a)(4)’’; and 
(ii) in subparagraph (A), by striking ‘‘credit bureau 
organizations’’ and inserting ‘‘consumer reporting agen-
cies’’; and 
(5) in subsection (d), by striking ‘‘credit bureau organiza-
tion’’ and inserting ‘‘consumer reporting agency’’. 
(b) CONFORMING AMENDMENTS.—The Act (20 U.S.C. 1001 et 
seq.) is further amended— 
(1) in section 427(a)(2)(G) (20 U.S.C. 1077(a)(2)(G))— 
(A) in clause (i), by striking ‘‘credit bureau organiza-
tions’’ and inserting ‘‘consumer reporting agencies’’; and 
(B) in clause (ii), by striking ‘‘organizations’’ and 
inserting ‘‘consumer reporting agencies’’; 
(2) in section 428(c)(3)(A)(iii) (20 U.S.C. 1078(c)(3)(A)(iii)), 
by striking ‘‘credit bureau organization’’ and inserting ‘‘con-
sumer reporting agency’’; 
(3) in section 428C(b)(4)(E) (20 U.S.C. 1078–3(b)(4)(E))— 
(A) in clause (i), by striking ‘‘credit bureau organiza-
tions’’ and inserting ‘‘consumer reporting agencies’’; and 
(B) in clause (ii), by striking ‘‘organizations’’ and 
inserting ‘‘consumer reporting agencies’’; 
(4) in section 437(c)(5) (20 U.S.C. 1087(c)(5)), by striking 
‘‘credit bureaus’’ and inserting ‘‘consumer reporting agencies’’; 
(5) in section 463(c) (20 U.S.C. 1087cc(c))— 
(A) in the subsection heading, by striking ‘‘CREDIT 
BUREAU
ORGANIZATIONS’’ 
and 
inserting 
‘‘CONSUMER 
REPORTING AGENCIES’’; 
(B) in paragraph (1), by striking ‘‘credit bureau 
organizations’’ and inserting ‘‘consumer reporting agencies’’; 
(C) in paragraph (2), by striking ‘‘organizations’’ and 
inserting ‘‘consumer reporting agencies’’; 
(D) in paragraph (4)(A), by striking ‘‘credit bureau 
organization’’ each place the term occurs and inserting 
‘‘consumer reporting agency’’; and 
(E) in paragraph (5)— 
(i) by striking ‘‘credit bureau organizations’’ and 
inserting ‘‘consumer reporting agencies’’; and 
(ii) by striking ‘‘such organizations’’ and inserting 
‘‘such consumer reporting agencies’’; 
(6) in section 463A(a)(11) (20 U.S.C. 1087cc–1(a)(11)), by 
striking ‘‘credit bureau or credit’’ and inserting ‘‘consumer’’; 
and 
(7) in section 464 (20 U.S.C. 10877dd)— 
(A) in subsection (c)(1)(I), by striking ‘‘credit bureau 
organizations’’ and inserting ‘‘consumer reporting agencies’’; 
and 
(B) in subsection (h)(1)(A), by striking ‘‘credit bureau 
organization or credit’’ and inserting ‘‘consumer’’. 
20 USC 1087dd. 
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122 STAT. 3247 
PUBLIC LAW 110–315—AUG. 14, 2008 
SEC. 433. LEGAL POWERS AND RESPONSIBILITIES. 
(a) SETTLEMENT OF CLAIMS.—Section 432(b) (20 U.S.C. 1082(b)) 
is amended by adding at the end the following: ‘‘The Secretary 
may not enter into any settlement of any claim under this title 
that exceeds $1,000,000 unless— 
‘‘(1) the Secretary requests a review of the proposed settle-
ment of such claim by the Attorney General; and 
‘‘(2) the Attorney General responds to such request, which 
may include, at the Attorney General’s discretion, a written 
opinion related to such proposed settlement.’’. 
(b) COMMON FORMS AND FORMATS.—Section 432(m)(1)(D)(i) (20 
U.S.C. 1082(m)(1)(D)(i)) is amended by adding at the end the fol-
lowing: ‘‘Unless otherwise notified by the Secretary, each institution 
of higher education that participates in the program under this 
part or part D may use a master promissory note for loans under 
this part and part D.’’. 
SEC. 434. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 
(a) AMENDMENT.—Section 433 (20 U.S.C. 1083) is amended 
to read as follows: 
‘‘SEC. 433. STUDENT LOAN INFORMATION BY ELIGIBLE LENDERS. 
‘‘(a) REQUIRED
DISCLOSURE
BEFORE
DISBURSEMENT.—Each 
eligible lender, at or prior to the time such lender disburses a 
loan that is insured or guaranteed under this part (other than 
a loan made under section 428C), shall provide thorough and 
accurate loan information on such loan to the borrower in simple 
and understandable terms. Any disclosure required by this sub-
section may be made by an eligible lender by written or electronic 
means, including as part of the application material provided to 
the borrower, as part of the promissory note evidencing the loan, 
or on a separate written form provided to the borrower. Each 
lender shall provide to each borrower a telephone number, and 
may provide an electronic address, through which additional loan 
information can be obtained. The disclosure shall include— 
‘‘(1) a statement prominently and clearly displayed and 
in bold print that the borrower is receiving a loan that must 
be repaid; 
‘‘(2) the name of the eligible lender, and the address to 
which communications and payments should be sent; 
‘‘(3) the principal amount of the loan; 
‘‘(4) the amount of any charges, such as the origination 
fee and Federal default fee, and whether those fees will be— 
‘‘(A) collected by the lender at or prior to the disbursal 
of the loan; 
‘‘(B) deducted from the proceeds of the loan; 
‘‘(C) paid separately by the borrower; or 
‘‘(D) paid by the lender; 
‘‘(5) the stated interest rate on the loan; 
‘‘(6) for loans made under section 428H or to a student 
borrower under section 428B, an explanation— 
‘‘(A) that the borrower has the option to pay the 
interest that accrues on the loan while the borrower is 
a student at an institution of higher education; and 
‘‘(B) if the borrower does not pay such interest while 
attending an institution, when and how often interest on 
the loan will be capitalized; 
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122 STAT. 3248 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(7) for loans made to a parent borrower on behalf of 
a student under section 428B, an explanation— 
‘‘(A) that the parent has the option to defer payment 
on the loan while the student is enrolled on at least a 
half-time basis in an institution of higher education; 
‘‘(B) if the parent does not pay the interest on the 
loan while the student is enrolled in an institution, when 
and how often interest on the loan will be capitalized; 
and 
‘‘(C) that the parent may be eligible for a deferment 
on the loan if the parent is enrolled on at least a half- 
time basis in an institution of higher education; 
‘‘(8) the yearly and cumulative maximum amounts that 
may be borrowed; 
‘‘(9) a statement of the total cumulative balance, including 
the loan being disbursed, owed by the borrower to that lender, 
and an estimate of the projected monthly payment, given such 
cumulative balance; 
‘‘(10) an explanation of when repayment of the loan will 
be required and when the borrower will be obligated to pay 
interest that accrues on the loan; 
‘‘(11) a description of the types of repayment plans that 
are available for the loan; 
‘‘(12) a statement as to the minimum and maximum repay-
ment terms which the lender may impose, and the minimum 
annual payment required by law; 
‘‘(13) an explanation of any special options the borrower 
may have for loan consolidation or other refinancing of the 
loan; 
‘‘(14) a statement that the borrower has the right to prepay 
all or part of the loan, at any time, without penalty; 
‘‘(15) a statement summarizing circumstances in which 
repayment of the loan or interest that accrues on the loan 
may be deferred; 
‘‘(16) a statement summarizing the circumstances in which 
a borrower may obtain forbearance on the loan; 
‘‘(17) a description of the options available for forgiveness 
of the loan, and the requirements to obtain loan forgiveness; 
‘‘(18) a definition of default and the consequences to the 
borrower if the borrower defaults, including a statement that 
the default will be reported to a consumer reporting agency; 
and 
‘‘(19) an explanation of any cost the borrower may incur 
during repayment or in the collection of the loan, including 
fees that the borrower may be charged, such as late payment 
fees and collection costs. 
‘‘(b) REQUIRED DISCLOSURE BEFORE REPAYMENT.—Each eligible 
lender shall, at or prior to the start of the repayment period on 
a loan made, insured, or guaranteed under section 428, 428B, 
or 428H, disclose to the borrower by written or electronic means 
the information required under this subsection in simple and under-
standable terms. Each eligible lender shall provide to each borrower 
a telephone number, and may provide an electronic address, through 
which additional loan information can be obtained. The disclosure 
required by this subsection shall be made not less than 30 days 
nor more than 150 days before the first payment on the loan 
is due from the borrower. The disclosure shall include— 
Deadlines. 
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122 STAT. 3249 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) the name of the eligible lender or loan servicer, and 
the address to which communications and payments should 
be sent; 
‘‘(2) the scheduled date upon which the repayment period 
is to begin or the deferment period under section 428B(d)(1) 
is to end, as applicable; 
‘‘(3) the estimated balance owed by the borrower on the 
loan or loans covered by the disclosure (including, if applicable, 
the estimated amount of interest to be capitalized) as of the 
scheduled date on which the repayment period is to begin 
or the deferment period under 428B(d)(1) is to end, as 
applicable; 
‘‘(4) the stated interest rate on the loan or loans, or the 
combined interest rate of loans with different stated interest 
rates; 
‘‘(5) information on loan repayment benefits offered for 
the loan or loans, including— 
‘‘(A) whether the lender offers any benefits that are 
contingent on the repayment behavior of the borrower, 
such as— 
‘‘(i) a reduction in interest rate if the borrower 
repays the loan by automatic payroll or checking 
account deduction; 
‘‘(ii) a reduction in interest rate if the borrower 
makes a specified number of on-time payments; and 
‘‘(iii) other loan repayment benefits for which the 
borrower could be eligible that would reduce the 
amount of repayment or the length of the repayment 
period; 
‘‘(B) if the lender provides a loan repayment benefit— 
‘‘(i) any limitations on such benefit; 
‘‘(ii) explicit information on the reasons a borrower 
may lose eligibility for such benefit; 
‘‘(iii) for a loan repayment benefit that reduces 
the borrower’s interest rate— 
‘‘(I) examples of the impact the interest rate 
reduction would have on the length of the bor-
rower’s repayment period and the amount of repay-
ment; and 
‘‘(II) upon the request of the borrower, the 
effect the reduction in interest rate would have 
with respect to the borrower’s payoff amount and 
time for repayment; and 
‘‘(iv) whether and how the borrower can regain 
eligibility for a benefit if a borrower loses a benefit; 
‘‘(6) a description of all the repayment plans that are avail-
able to the borrower and a statement that the borrower may 
change from one plan to another during the period of repay-
ment; 
‘‘(7) the repayment schedule for all loans covered by the 
disclosure, including— 
‘‘(A) the date the first installment is due; and 
‘‘(B) the number, amount, and frequency of required 
payments, which shall be based on a standard repayment 
plan or, in the case of a borrower who has selected another 
repayment plan, on the repayment plan selected by the 
borrower; 
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122 STAT. 3250 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(8) an explanation of any special options the borrower 
may have for loan consolidation or other refinancing of the 
loan and of the availability and terms of such other options; 
‘‘(9) except as provided in subsection (d)— 
‘‘(A) the projected total of interest charges which the 
borrower will pay on the loan or loans, assuming that 
the borrower makes payments exactly in accordance with 
the repayment schedule; and 
‘‘(B) if the borrower has already paid interest on the 
loan or loans, the amount of interest paid; 
‘‘(10) the nature of any fees which may accrue or be charged 
to the borrower during the repayment period; 
‘‘(11) a statement that the borrower has the right to prepay 
all or part of the loan or loans covered by the disclosure at 
any time without penalty; 
‘‘(12) a description of the options by which the borrower 
may avoid or be removed from default, including any relevant 
fees associated with such options; and 
‘‘(13) additional resources, including nonprofit organiza-
tions, advocates, and counselors (including the Student Loan 
Ombudsman of the Department) of which the lender is aware, 
where borrowers may receive advice and assistance on loan 
repayment. 
‘‘(c) SEPARATE NOTIFICATION.—Each eligible lender shall, at 
the time such lender notifies a borrower of approval of a loan 
which is insured or guaranteed under this part, provide the bor-
rower with a separate notification which summarizes, in simple 
and understandable terms, the rights and responsibilities of the 
borrower with respect to the loan, including a statement of the 
consequences of defaulting on the loan and a statement that each 
borrower who defaults will be reported to a consumer reporting 
agency. The requirement of this subsection shall be in addition 
to the information required by subsection (a) of this section. 
‘‘(d) SPECIAL DISCLOSURE RULES ON PLUS LOANS, AND UNSUB-
SIDIZED LOANS.—Loans made under sections 428B and 428H shall 
not be subject to the disclosure of projected monthly payment 
amounts required under subsection (b)(7) if the lender, in lieu 
of such disclosure, provides the borrower with sample projections 
of monthly repayment amounts, assuming different levels of bor-
rowing and interest accruals resulting from capitalization of interest 
while the borrower, or the student on whose behalf the loan is 
made, is in school, in simple and understandable terms. Such 
sample projections shall disclose the cost to the borrower of— 
‘‘(1) capitalizing the interest; and 
‘‘(2) paying the interest as the interest accrues. 
‘‘(e) REQUIRED DISCLOSURES DURING REPAYMENT.— 
‘‘(1) PERTINENT INFORMATION ABOUT A LOAN PROVIDED ON 
A PERIODIC BASIS.—Each eligible lender shall provide the bor-
rower of a loan made, insured, or guaranteed under this part 
with a bill or statement (as applicable) that corresponds to 
each payment installment time period in which a payment 
is due and that includes, in simple and understandable terms— 
‘‘(A) the original principal amount of the borrower’s 
loan; 
‘‘(B) the borrower’s current balance, as of the time 
of the bill or statement, as applicable; 
‘‘(C) the interest rate on such loan; 
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122 STAT. 3251 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D) the total amount the borrower has paid in interest 
on the loan; 
‘‘(E) the aggregate amount the borrower has paid for 
the loan, including the amount the borrower has paid in 
interest, the amount the borrower has paid in fees, and 
the amount the borrower has paid against the balance; 
‘‘(F) a description of each fee the borrower has been 
charged for the most recently preceding installment time 
period; 
‘‘(G) the date by which the borrower needs to make 
a payment in order to avoid additional fees and the amount 
of such payment and the amount of such fees; 
‘‘(H) the lender’s or loan servicer’s address and toll- 
free phone number for payment and billing error purposes; 
and 
‘‘(I) a reminder that the borrower has the option to 
change repayment plans, a list of the names of the repay-
ment plans available to the borrower, a link to the appro-
priate page of the Department’s website to obtain a more 
detailed description of the repayment plans, and directions 
for the borrower to request a change in repayment plan. 
‘‘(2) INFORMATION PROVIDED TO A BORROWER HAVING DIF-
FICULTY MAKING PAYMENTS.—Each eligible lender shall provide 
to a borrower who has notified the lender that the borrower 
is having difficulty making payments on a loan made, insured, 
or guaranteed under this part with the following information 
in simple and understandable terms: 
‘‘(A) A description of the repayment plans available 
to the borrower, including how the borrower should request 
a change in repayment plan. 
‘‘(B) A description of the requirements for obtaining 
forbearance on a loan, including expected costs associated 
with forbearance. 
‘‘(C) A description of the options available to the bor-
rower to avoid defaulting on the loan, and any relevant 
fees or costs associated with such options. 
‘‘(3) REQUIRED DISCLOSURES DURING DELINQUENCY.—Each 
eligible lender shall provide to a borrower who is 60 days 
delinquent in making payments on a loan made, insured, or 
guaranteed under this part with a notice, in simple and under-
standable terms, of the following: 
‘‘(A) The date on which the loan will default if no 
payment is made. 
‘‘(B) The minimum payment the borrower must make 
to avoid default. 
‘‘(C) A description of the options available to the bor-
rower to avoid default, and any relevant fees or costs 
associated with such options, including a description of 
deferment and forbearance and the requirements to obtain 
each. 
‘‘(D) Discharge options to which the borrower may be 
entitled. 
‘‘(E) Additional resources, including nonprofit organiza-
tions, advocates, and counselors (including the Student 
Loan Ombudsman of the Department), of which the lender 
is aware, where the borrower can receive advice and assist-
ance on loan repayment. 
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122 STAT. 3252 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(f) COST OF DISCLOSURE AND CONSEQUENCES OF NONDISCLO-
SURE.— 
‘‘(1) NO COST TO BORROWERS.—The information required 
under this section shall be available without cost to the bor-
rower. 
‘‘(2) CONSEQUENCES OF NONDISCLOSURE.—The failure of an 
eligible lender to provide information as required by this section 
shall not— 
‘‘(A) relieve a borrower of the obligation to repay a 
loan in accordance with the loan’s terms; or 
‘‘(B) provide a basis for a claim for civil damages. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed as subjecting the lender to the Truth in Lending 
Act with regard to loans made under this part. 
‘‘(4) ACTIONS BY THE SECRETARY.—The Secretary may limit, 
suspend, or terminate the continued participation of an eligible 
lender in making loans under this part for failure by that 
lender to comply with this section.’’. 
(b) EFFECTIVE DATES.— 
(1) REGULAR DISCLOSURE REQUIREMENTS AND DISCLOSURE 
REQUIREMENTS TO BORROWERS HAVING DIFFICULTY MAKING PAY-
MENTS.—Paragraphs (1) and (2) of section 433(e) of the Higher 
Education Act of 1965, as amended by subsection (a), shall 
apply with respect to loans for which the first payment is 
due on or after July 1, 2009. 
(2) DISCLOSURE
REQUIREMENTS
FOR
BORROWERS
WITH 
DELINQUENT LOANS.—Section 433(e)(3) of the Higher Education 
Act of 1965, as amended by subsection (a), shall apply with 
respect to loans that become delinquent on or after July 1, 
2009. 
SEC. 435. CONSUMER EDUCATION INFORMATION. 
Part B (20 U.S.C. 1071 et seq.) is amended by inserting after 
section 433 (20 U.S.C. 1083) the following: 
‘‘SEC. 433A. CONSUMER EDUCATION INFORMATION. 
‘‘(a) IN GENERAL.—Each guaranty agency participating in a 
program under this part, working with the institutions of higher 
education served by such guaranty agency, shall develop and make 
available high-quality educational programs and materials to pro-
vide training for students and families in budgeting and financial 
management, including debt management and other aspects of 
financial literacy, such as the cost of using high interest loans 
to pay for postsecondary education, particularly as budgeting and 
financial management relates to student loan programs authorized 
by this title. Such programs and materials shall be in formats 
that are simple and understandable to students and families, and 
shall be provided before, during, and after the students’ enrollment 
in an institution of higher education. The activities described in 
this section shall be considered default reduction activities for the 
purposes of section 422. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to prohibit— 
‘‘(1) a guaranty agency from using existing activities, pro-
grams, and materials in meeting the requirements of this sec-
tion; 
20 USC 1083a. 
20 USC 1083 
note. 
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122 STAT. 3253 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) a guaranty agency from providing programs or mate-
rials similar to the programs or materials described in sub-
section (a) to an institution of higher education that provides 
loans exclusively through part D; or 
‘‘(3) a lender or loan servicer from providing outreach or 
financial aid literacy information in accordance with subsection 
(a).’’. 
SEC. 436. DEFINITIONS OF ELIGIBLE INSTITUTION AND ELIGIBLE 
LENDER. 
(a) PARTICIPATION RATE INDEX.— 
(1) AMENDMENTS.—Section 435(a) (20 U.S.C. 1085(a)) is 
amended— 
(A) in paragraph (2)— 
(i) in subparagraph (A)(ii), by striking ‘‘paragraph 
(4)’’ and inserting ‘‘paragraph (5)’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘and’’ at the end of clause (ii); 
and 
(II) by striking clause (iii) and inserting the 
following: 
‘‘(iii) 25 percent for fiscal year 1994 through fiscal 
year 2011; and 
‘‘(iv) 30 percent for fiscal year 2012 and any suc-
ceeding fiscal year.’’; 
(B) by redesignating paragraph (6) as paragraph (8), 
and redesignating paragraphs (3) through (5) as para-
graphs (4) through (6), respectively; 
(C) by inserting after paragraph (2) the following new 
paragraph: 
‘‘(3) APPEALS
FOR
REGULATORY
RELIEF.—An institution 
whose cohort default rate, calculated in accordance with sub-
section (m), is equal to or greater than the threshold percentage 
specified in paragraph (2)(B)(iv) for any two consecutive fiscal 
years may, not later than 30 days after the date the institution 
receives notification from the Secretary, file an appeal dem-
onstrating exceptional mitigating circumstances, as defined in 
paragraph (5). The Secretary shall issue a decision on any 
such appeal not later than 45 days after the date of submission 
of the appeal. If the Secretary determines that the institution 
demonstrates exceptional mitigating circumstances, the Sec-
retary may not subject the institution to provisional certification 
based solely on the institution’s cohort default rate.’’; 
(D) in paragraph (5)(A) (as redesignated by subpara-
graph (B)), by striking ‘‘For purposes of paragraph 
(2)(A)(ii)’’ and all that follows through ‘‘following criteria:’’ 
and inserting ‘‘For purposes of this subsection, an institu-
tion of higher education shall be treated as having excep-
tional mitigating circumstances that make application of 
paragraph (2) inequitable, and that provide for regulatory 
relief under paragraph (3), if such institution, in the opinion 
of an independent auditor, meets the following criteria:’’; 
(E) by inserting after paragraph (6) (as redesignated 
by subparagraph (B)) the following: 
‘‘(7) DEFAULT PREVENTION AND ASSESSMENT OF ELIGIBILITY 
BASED ON HIGH DEFAULT RATES.— 
‘‘(A) FIRST YEAR.— 
Deadlines. 
Notification. 
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122 STAT. 3254 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) IN
GENERAL.—An institution whose cohort 
default rate is equal to or greater than the threshold 
percentage specified in paragraph (2)(B)(iv) in any 
fiscal year shall establish a default prevention task 
force to prepare a plan to— 
‘‘(I) identify the factors causing the institu-
tion’s cohort default rate to exceed such threshold; 
‘‘(II) establish measurable objectives and the 
steps to be taken to improve the institution’s cohort 
default rate; and 
‘‘(III) specify actions that the institution can 
take to improve student loan repayment, including 
appropriate counseling regarding loan repayment 
options. 
‘‘(ii) TECHNICAL ASSISTANCE.—Each institution sub-
ject to this subparagraph shall submit the plan under 
clause (i) to the Secretary, who shall review the plan 
and offer technical assistance to the institution to pro-
mote improved student loan repayment. 
‘‘(B) SECOND CONSECUTIVE YEAR.— 
‘‘(i) IN
GENERAL.—An institution whose cohort 
default rate is equal to or greater than the threshold 
percentage specified in paragraph (2)(B)(iv) for two 
consecutive fiscal years, shall require the institution’s 
default prevention task force established under 
subparagraph (A) to review and revise the plan 
required under such subparagraph, and shall submit 
such revised plan to the Secretary. 
‘‘(ii) REVIEW BY THE SECRETARY.—The Secretary 
shall review each revised plan submitted in accordance 
with this subparagraph, and may direct that such plan 
be amended to include actions, with measurable objec-
tives, that the Secretary determines, based on available 
data and analyses of student loan defaults, will pro-
mote student loan repayment.’’; and 
(F) in paragraph (8)(A) (as redesignated by subpara-
graph (B)) by striking ‘‘0.0375’’ and inserting ‘‘0.0625’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1)(F) shall take effect for fiscal years beginning on or after 
October 1, 2011. 
(b) TYPES
OF LENDERS.—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 fol-
lowing: ‘‘, or (IV) it is a National or State chartered bank, 
or a credit union, with assets of less than $1,000,000,000’’. 
(c) DISQUALIFICATION.—Paragraph (5) of section 435(d) (20 
U.S.C. 1085(d)(5)) is amended to read as follows: 
‘‘(5) DISQUALIFICATION FOR USE OF CERTAIN INCENTIVES.— 
The term ‘eligible lender’ does not include any lender that 
the Secretary determines, after notice and opportunity for a 
hearing, has— 
‘‘(A) offered, directly or indirectly, points, premiums, 
payments (including payments for referrals and for proc-
essing or finder fees), prizes, stock or other securities, 
travel, 
entertainment 
expenses, 
tuition 
payment 
or 
20 USC 1085 
note. 
Plans. 
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122 STAT. 3255 
PUBLIC LAW 110–315—AUG. 14, 2008 
reimbursement, the provision of information technology 
equipment at below-market value, additional financial aid 
funds, or other inducements, to any institution of higher 
education or any employee of an institution of higher edu-
cation in order to secure applicants for loans under this 
part; 
‘‘(B) conducted unsolicited mailings, by postal or elec-
tronic means, of student loan application forms to students 
enrolled in secondary schools or postsecondary institutions, 
or to family members of such students, except that applica-
tions may be mailed, by postal or electronic means, to 
students or borrowers who have previously received loans 
under this part from such lender; 
‘‘(C) entered into any type of consulting arrangement, 
or other contract to provide services to a lender, with 
an employee who is employed in the financial aid office 
of an institution of higher education, or who otherwise 
has responsibilities with respect to student loans or other 
financial aid of the institution; 
‘‘(D) compensated an employee who is employed in 
the financial aid office of an institution of higher education, 
or who otherwise has responsibilities with respect to stu-
dent loans or other financial aid of the institution, and 
who is serving on an advisory board, commission, or group 
established by a lender or group of lenders for providing 
such service, except that the eligible lender may reimburse 
such employee for reasonable expenses incurred in pro-
viding such service; 
‘‘(E) performed for an institution of higher education 
any function that such institution of higher education is 
required to perform under this title, except that a lender 
shall be permitted to perform functions on behalf of such 
institution in accordance with section 485(b); 
‘‘(F) paid, on behalf of an institution of higher edu-
cation, another person to perform any function that such 
institution of higher education is required to perform under 
this title, except that a lender shall be permitted to perform 
functions on behalf of such institution in accordance with 
section 485(b); 
‘‘(G) provided payments or other benefits to a student 
at an institution of higher education to act as the lender’s 
representative to secure applications under this title from 
individual prospective borrowers, unless such student— 
‘‘(i) is also employed by the lender for other pur-
poses; and 
‘‘(ii) made all appropriate disclosures regarding 
such employment; 
‘‘(H) offered, directly or indirectly, loans under this 
part as an inducement to a prospective borrower to pur-
chase a policy of insurance or other product; or 
‘‘(I) engaged in fraudulent or misleading advertising. 
It shall not be a violation of this paragraph for a lender to 
provide technical assistance to institutions of higher education 
comparable to the kinds of technical assistance provided to 
institutions of higher education by the Department.’’. 
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122 STAT. 3256 
PUBLIC LAW 110–315—AUG. 14, 2008 
(d) SCHOOL AS LENDER PROGRAM AUDIT.—Section 435(d) (20 
U.S.C. 1085(d)) is further amended by adding at the end the fol-
lowing: 
‘‘(8) SCHOOL AS LENDER PROGRAM AUDIT.—Each institution 
serving as an eligible lender under paragraph (1)(E), and each 
eligible lender serving as a trustee for an institution of higher 
education or an organization affiliated with an institution of 
higher education, shall annually complete and submit to the 
Secretary a compliance audit to determine whether— 
‘‘(A) the institution or lender is using all proceeds 
from special allowance payments and interest payments 
from borrowers, interest subsidies received from the 
Department, and any proceeds from the sale or other dis-
position of loans, for need-based grant programs, in accord-
ance with paragraph (2)(A)(viii); 
‘‘(B) the institution or lender is using not more than 
a reasonable portion of the proceeds described in paragraph 
(2)(A)(viii) for direct administrative expenses; and 
‘‘(C) the institution or lender is ensuring that the pro-
ceeds described in paragraph (2)(A)(viii) are being used 
to supplement, and not to supplant, Federal and non-Fed-
eral funds that would otherwise be used for need-based 
grant programs.’’. 
(e) COHORT DEFAULT RATES.— 
(1) AMENDMENTS.—Section 435(m) (20 U.S.C. 1085(m)) is 
amended— 
(A) in paragraph (1)— 
(i) in the first sentence of subparagraph (A), by 
striking ‘‘end of the following fiscal year’’ and inserting 
‘‘end of the second fiscal year following the fiscal year 
in which the students entered repayment’’; 
(ii) in subparagraph (B), by striking ‘‘such fiscal 
year’’ and inserting ‘‘such second fiscal year’’; 
(iii) in subparagraph (C), by striking ‘‘end of the 
fiscal year immediately following the year in which 
they entered repayment’’ and inserting ‘‘end of the 
second fiscal year following the year in which they 
entered repayment’’; 
(B) in paragraph (2)(C)— 
(i) by striking ‘‘end of such following fiscal year 
is not considered as in default for the purposes of 
this subsection’’ and inserting ‘‘end of the second fiscal 
year following the year in which the loan entered 
repayment is not considered as in default for purposes 
of this subsection’’; and 
(ii) by striking ‘‘such following fiscal year’’ and 
inserting ‘‘such second fiscal year’’; and 
(C) in paragraph (4)— 
(i) by amending the paragraph heading to read 
as follows: ‘‘COLLECTION AND REPORTING OF COHORT 
DEFAULT RATES AND LIFE OF COHORT DEFAULT RATES.— 
’’; and 
(ii) by amending subparagraph (A) to read as fol-
lows: 
‘‘(A) The Secretary shall publish not less often than once 
every fiscal year a report showing cohort default data and 
life of cohort default rates for each category of institution, 
Publications. 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3257 
PUBLIC LAW 110–315—AUG. 14, 2008 
including: (i) four-year public institutions; (ii) four-year private 
nonprofit institutions; (iii) two-year public institutions; (iv) two- 
year private nonprofit institutions; (v) four-year proprietary 
institutions; (vi) two-year proprietary institutions; and (vii) less 
than two-year proprietary institutions. For purposes of this 
subparagraph, for any fiscal year in which one or more current 
and former students at an institution enter repayment on loans 
under section 428, 428B, or 428H, received for attendance at 
the institution, the Secretary shall publish the percentage of 
those current and former students who enter repayment on 
such loans (or on the portion of a loan made under section 
428C that is used to repay any such loans) received for attend-
ance at the institution in that fiscal year who default before 
the end of each succeeding fiscal year.’’. 
(2) EFFECTIVE DATE AND TRANSITION.— 
(A) EFFECTIVE DATE.—The amendments made by para-
graph (1) shall take effect for purposes of calculating cohort 
default rates for fiscal year 2009 and succeeding fiscal 
years. 
(B) TRANSITION.—Notwithstanding subparagraph (A), 
the method of calculating cohort default rates under section 
435(m) of the Higher Education Act of 1965 as in effect 
on the day before the date of enactment of this Act shall 
continue in effect, and the rates so calculated shall be 
the basis for any sanctions imposed on institutions of higher 
education because of their cohort default rates, until three 
consecutive years of cohort default rates calculated in 
accordance with the amendments made by paragraph (1) 
are available. 
SEC. 437. DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DIS-
ABILITY. 
(a) FFEL AND DIRECT LOANS.—Section 437(a) (20 U.S.C. 
1087(a)) is amended— 
(1) by striking ‘‘(a) REPAYMENT IN FULL FOR DEATH AND 
DISABILITY.—If a’’ and inserting the following: 
‘‘(a) REPAYMENT IN FULL FOR DEATH AND DISABILITY.— 
‘‘(1) IN GENERAL.—If a’’; 
(2) by inserting ‘‘, or if a student borrower who has received 
such a loan is unable to engage in any substantial gainful 
activity by reason of any medically determinable physical or 
mental impairment that can be expected to result in death, 
has lasted for a continuous period of not less than 60 months, 
or can be expected to last for a continuous period of not less 
than 60 months’’ after ‘‘of the Secretary),’’; and 
(3) by adding at the end the following: ‘‘The Secretary 
may develop such safeguards as the Secretary determines nec-
essary to prevent fraud and abuse in the discharge of liability 
under this subsection. Notwithstanding any other provision 
of this subsection, the Secretary may promulgate regulations 
to reinstate the obligation of, and resume collection on, loans 
discharged under this subsection in any case in which— 
‘‘(A) a borrower received a discharge of liability under 
this subsection and after the discharge the borrower— 
‘‘(i) receives a loan made, insured, or guaranteed 
under this title; or 
20 USC 1085 
note. 
Publication. 
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122 STAT. 3258 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) has earned income in excess of the poverty 
line; or 
‘‘(B) the Secretary determines necessary.’’. 
(b) DISABILITY DETERMINATIONS.—Section 437(a) (20 U.S.C. 
1087(a)) is further amended by adding at the end the following: 
‘‘(2) DISABILITY
DETERMINATIONS.—A borrower who has 
been determined by the Secretary of Veterans Affairs to be 
unemployable due to a service-connected condition and who 
provides documentation of such determination to the Secretary 
of Education, shall be considered permanently and totally dis-
abled 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 sub-
section.’’. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on July 1, 2010. 
SEC. 438. CONFORMING AMENDMENTS FOR REPEAL OF SECTION 439. 
(a) PART B AMENDMENTS.—Part B of title IV (20 U.S.C. 1071 
et seq.) is amended— 
(1) in section 422A(d)(1) (20 U.S.C. 1072a(d)(1)), by striking 
‘‘437, and 439(q)’’ and inserting ‘‘and 437’’; 
(2) in section 428 (20 U.S.C. 1078)— 
(A) in subsection (b)(1)(G)(i), by striking ‘‘or 439(q)’’; 
(B) by striking subsection (h); and 
(C) in subsection (j)(2)— 
(i) by inserting ‘‘and’’ at the end of subparagraph 
(C); 
(ii) by striking ‘‘; and’’ at the end of subparagraph 
(D) and inserting a period; and 
(iii) by striking subparagraph (E); and 
(3) in section 435(d)(1)(G) (20 U.S.C. 1085(d)(1)(G)), by 
striking ‘‘428C, and 439(q),’’ and inserting ‘‘and 428C,’’. 
(b) FEDERAL DEPOSIT INSURANCE ACT.—Section 18(s)(4)(C)(ii)(I) 
of the Federal Deposit Insurance Act (12 U.S.C. 1828(s)(4)(C)(ii)(I)) 
is amended by striking ‘‘as amended’’ and inserting ‘‘as such section 
existed on the day before the date of the repeal of such section’’. 
PART C—FEDERAL WORK-STUDY PROGRAMS 
SEC. 441. AUTHORIZATION OF APPROPRIATIONS. 
Section 441 (42 U.S.C. 2751) is amended— 
(1) in subsection (b), by striking ‘‘$1,000,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years.’’; and 
(2) in subsection (c)(1), by inserting ‘‘emergency prepared-
ness and response,’’ after ‘‘public safety,’’. 
SEC. 442. ALLOWANCE FOR BOOKS AND SUPPLIES. 
Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) is amended by 
striking ‘‘$450’’ and inserting ‘‘$600’’. 
SEC. 443. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. 
Section 443 (42 U.S.C. 2753) is amended— 
(1) in subsection (b)(2)— 
(A) by striking subparagraph (A); and 
20 USC 1087 
note. 
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122 STAT. 3259 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) by redesignating subparagraphs (B) and (C) as 
subparagraphs (A) and (B), respectively; and 
(2) by adding at the end the following new subsection: 
‘‘(e) CIVIC EDUCATION AND PARTICIPATION ACTIVITIES.— 
‘‘(1) USE OF FUNDS.—Funds granted to an institution under 
this section may be used in accordance with such subsection 
to compensate (including compensation for time spent in 
training and travel directly related to civic education and 
participation activities) students employed in projects that— 
‘‘(A) teach civics in schools; 
‘‘(B) raise awareness of government functions or 
resources; or 
‘‘(C) increase civic participation. 
‘‘(2) PRIORITY FOR SCHOOLS.—To the extent practicable, an 
institution shall— 
‘‘(A) give priority to the employment of students partici-
pating in projects that educate or train the public about 
evacuation, emergency response, and injury prevention 
strategies relating to natural disasters, acts of terrorism, 
and other emergency situations; and 
‘‘(B) ensure that any student compensated with the 
funds described in paragraph (1) receives appropriate 
training to carry out the educational services required. 
‘‘(3) FEDERAL SHARE.—The Federal share of the compensa-
tion of work-study students compensated under this subsection 
may exceed 75 percent.’’. 
SEC. 444. FLEXIBLE USE OF FUNDS. 
Section 445 (42 U.S.C. 2755) is amended by adding at the 
end the following new subsection: 
‘‘(d) FLEXIBILITY IN THE EVENT OF A MAJOR DISASTER.— 
‘‘(1) IN GENERAL.—In the event of a major disaster, an 
eligible institution located in any area affected by such major 
disaster, as determined by the Secretary, may make payments 
under this part to disaster-affected students, for the period 
of time (not to exceed one academic year) in which the disaster- 
affected students were prevented from fulfilling the students’ 
work-study obligations as described in paragraph (2)(A)(iii), 
as follows: 
‘‘(A) Payments may be made under this part to dis-
aster-affected students in an amount equal to or less than 
the amount of wages such students would have been paid 
under this part had the students been able to complete 
the work obligation necessary to receive work study funds. 
‘‘(B) Payments shall not be made to any student who 
was not eligible for work study or was not completing 
the work obligation necessary to receive work study funds 
under this part prior to the occurrence of the major dis-
aster. 
‘‘(C) Any payments made to disaster-affected students 
under this subsection shall meet the matching require-
ments of section 443, unless such matching requirements 
are waived by the Secretary. 
‘‘(2) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘disaster-affected student’ means a stu-
dent enrolled at an eligible institution who— 
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122 STAT. 3260 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) received a work-study award under this section 
for the academic year during which a major disaster 
occurred; 
‘‘(ii) earned Federal work-study wages from such 
eligible institution for such academic year; 
‘‘(iii) was prevented from fulfilling the student’s 
work-study obligation for all or part of such academic 
year due to such major disaster; and 
‘‘(iv) was unable to be reassigned to another work- 
study job. 
‘‘(B) The term ‘major disaster’ has the meaning given 
such term in section 102(2) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)).’’. 
SEC. 445. JOB LOCATION AND DEVELOPMENT PROGRAMS. 
Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is amended by striking 
‘‘$50,000’’ and inserting ‘‘$75,000’’. 
SEC. 446. ADDITIONAL FUNDS FOR OFF-CAMPUS COMMUNITY SERVICE. 
Section 447 (42 U.S.C. 2756a) is amended— 
(1) by striking ‘‘Each institution participating’’ and 
inserting ‘‘(a) COMMUNITY SERVICE-LEARNING.—Each institu-
tion participating’’; and 
(2) by adding at the end the following new subsection: 
‘‘(b) OFF-CAMPUS COMMUNITY SERVICE.— 
‘‘(1) GRANTS AUTHORIZED.—In addition to funds made avail-
able under section 443(b)(2)(A), the Secretary is authorized 
to award grants to institutions participating under this part 
to supplement off-campus community service employment. 
‘‘(2) USE OF FUNDS.—An institution shall ensure that funds 
granted to such institution under this subsection are used 
in accordance with section 443(b)(2)(A) to recruit and com-
pensate students (including 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 applications that support 
postsecondary students assisting with early childhood education 
activities and activities in preparation for emergencies and 
natural disasters. 
‘‘(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 five succeeding fiscal years.’’. 
SEC. 447. WORK COLLEGES. 
Section 448 (42 U.S.C. 2756b) is amended— 
(1) by striking ‘‘work-learning’’ each place it appears and 
inserting ‘‘work-learning-service’’; 
(2) by striking subsection (e) and inserting the following: 
‘‘(e) DEFINITIONS.—For the purpose of this section— 
‘‘(1) the term ‘work college’ means an eligible institution 
that— 
‘‘(A) has been a public or private nonprofit, four-year, 
degree-granting institution with a commitment to commu-
nity service; 
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122 STAT. 3261 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) has operated a comprehensive work-learning- 
service program for at least two years; 
‘‘(C) requires students, including at least one-half of 
all students who are enrolled on a full-time basis, to partici-
pate in a comprehensive work-learning-service program for 
at least five 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 comprehen-
sive work-learning-service program with the opportunity 
to contribute to their education and to the welfare of the 
community as a whole; and 
‘‘(2) the term ‘comprehensive student work-learning-service 
program’ means a student work-learning-service program 
that— 
‘‘(A) 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, evaluation, and a 
record of work performance as part of the student’s college 
record; 
‘‘(D) provides programmatic leadership by college per-
sonnel at levels comparable to traditional academic pro-
grams; 
‘‘(E) recognizes the educational role of work-learning- 
service supervisors; and 
‘‘(F) includes consequences for nonperformance or 
failure in the work-learning-service program similar to the 
consequences for failure in the regular academic program.’’; 
and 
(3) in subsection (f), by striking ‘‘$5,000,000’’ and all that 
follows through the period and inserting ‘‘such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years.’’. 
PART D—FEDERAL DIRECT STUDENT LOAN 
SEC. 451. TERMS AND CONDITIONS OF LOANS. 
(a) INCOME-BASED REPAYMENT.—Section 455(d)(1) (20 U.S.C. 
1087e(d)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ after the semi-
colon; 
(2) in subparagraph (D), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) beginning on July 1, 2009, an income-based repay-
ment plan that enables borrowers who have a partial finan-
cial hardship to make a lower monthly payment in accord-
ance with section 493C, except that the plan described 
in this subparagraph shall not be available to the borrower 
of a Federal Direct PLUS Loan made on behalf of a 
dependent student or a Federal Direct Consolidation Loan, 
if the proceeds of such loan were used to discharge the 
liability on such Federal Direct PLUS Loan or a loan 
Effective date. 
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122 STAT. 3262 
PUBLIC LAW 110–315—AUG. 14, 2008 
under section 428B made on behalf of a dependent stu-
dent.’’. 
(b) PUBLIC SERVICE JOB DEFINITION.— 
(1) 
IN
GENERAL.—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 management, 
government (excluding time served as a member of 
Congress), military service, public safety, law enforce-
ment, public health (including nurses, nurse practi-
tioners, nurses in a clinical setting, and full-time 
professionals engaged in health care practitioner 
occupations and health care support occupations, as 
such terms are defined by the Bureau of Labor Statis-
tics), public education, social work in a public child 
or family service agency, public interest law services 
(including prosecution 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 
individuals 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 Internal 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 faculty teaching in high-needs subject areas 
or areas of shortage (including nurse faculty, foreign 
language faculty, and part-time faculty at community 
colleges), as determined by the Secretary.’’. 
(2) INELIGIBILITY FOR DOUBLE BENEFITS.—Section 455(m) 
(20 U.S.C. 1087e(m)) is further amended by adding at the 
end the following: 
‘‘(4) INELIGIBILITY
FOR
DOUBLE
BENEFITS.—No borrower 
may, for the same service, receive a reduction of loan obligations 
under both this subsection and section 428J, 428K, 428L, or 
460.’’. 
(c) IDENTITY FRAUD PROTECTION.—Section 455 (as amended 
by this section) (20 U.S.C. 1087e) is amended by adding at the 
end the following: 
‘‘(n) IDENTITY FRAUD PROTECTION.—The Secretary shall take 
such steps as may be necessary to ensure that monthly Federal 
Direct Loan statements and other publications of the Department 
do not contain more than four digits of the Social Security number 
of any individual.’’. 
(d) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEM-
BERS.—Section 455 (as amended by this section) (20 U.S.C. 1087e) 
is further amended by adding at the end the following: 
‘‘(o) NO ACCRUAL OF INTEREST FOR ACTIVE DUTY SERVICE MEM-
BERS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other provision of 
this part and in accordance with paragraphs (2) and (4), interest 
shall not accrue for an eligible military borrower on a loan 
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122 STAT. 3263 
PUBLIC LAW 110–315—AUG. 14, 2008 
made under this part for which the first disbursement is made 
on or after October 1, 2008. 
‘‘(2) CONSOLIDATION LOANS.—In the case of any consolida-
tion loan made under this part that is disbursed on or after 
October 1, 2008, interest shall not accrue pursuant to this 
subsection only on such portion of such loan as was used 
to repay a loan made under this part for which the first 
disbursement is made on or after October 1, 2008. 
‘‘(3) ELIGIBLE MILITARY BORROWER.—In this subsection, the 
term ‘eligible military borrower’ means an individual who— 
‘‘(A)(i) is serving on active duty during a war or other 
military operation or national emergency; or 
‘‘(ii) is performing qualifying National Guard duty 
during a war or other military operation or national emer-
gency; and 
‘‘(B) is serving in an area of hostilities in which service 
qualifies for special pay under section 310 of title 37, United 
States Code. 
‘‘(4) LIMITATION.—An individual who qualifies as an eligible 
military borrower under this subsection may receive the benefit 
of this subsection for not more than 60 months.’’. 
(e) DISCLOSURES.—Section 455 (as amended by this section) 
(20 U.S.C. 1087e) is further amended by adding at the end the 
following: 
‘‘(p) DISCLOSURES.—Each institution of higher education with 
which the Secretary has an agreement under section 453, and 
each contractor with which the Secretary has a contract under 
section 456, shall, with respect to loans under this part and in 
accordance with such regulations as the Secretary shall prescribe, 
comply with each of the requirements under section 433 that apply 
to a lender with respect to a loan under part B.’’. 
SEC. 452. FUNDS FOR ADMINISTRATIVE EXPENSES. 
Section 458(a) (20 U.S.C. 1087h(a)) is amended— 
(1) in paragraph (2)— 
(A) in the heading of such paragraph, by striking ‘‘2011’’ 
and inserting ‘‘2014’’; and 
(B) by striking ‘‘2011’’ and inserting ‘‘2014’’; and 
(2) in paragraph (3), by striking ‘‘2011’’ and inserting 
‘‘2014’’. 
SEC. 453. GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS; 
REPORTS AND COST ESTIMATES. 
Section 459A of the Higher Education Act of 1965 (20 U.S.C. 
1087i–1) is amended— 
(1) by redesignating subsection (d) as subsection (f); and 
(2) by inserting after subsection (c) the following: 
‘‘(d) GUARANTY AGENCY RESPONSIBILITIES AND PAYMENTS.—Not-
withstanding any other provision of this Act, beginning on the 
date on which the Secretary purchases a loan under this section— 
‘‘(1) the guaranty agency that insured such loan shall cease 
to have any obligations, responsibilities, or rights (including 
rights to any payment) under this Act for any activity related 
to the administration of such loan that is carried out or required 
to be carried out on or after the date of such purchase; and 
‘‘(2) the insurance issued by such agency pursuant to sec-
tion 428(b) for such loan shall cease to be effective with respect 
Regulations. 
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122 STAT. 3264 
PUBLIC LAW 110–315—AUG. 14, 2008 
to any default on such loan that occurs on or after the date 
of such purchase. 
‘‘(e) REPORTS AND COST ESTIMATES.—The Secretary shall pre-
pare, transmit to the authorizing committees, and make available 
to the public, the following: 
‘‘(1) QUARTERLY REPORTS.— 
‘‘(A) CONTENTS.—Not later than 60 days after the end 
of each quarter during the period beginning July 1, 2008, 
and ending September 30, 2009, a quarterly report on— 
‘‘(i) the number of loans the Secretary has agreed 
to purchase, or has purchased, using the authority 
provided under this section, and the total amount of 
outstanding principal and accrued interest of such 
loans, during such period; and 
‘‘(ii) the number of loans in which the Secretary 
has purchased a participation interest, and the total 
amount of outstanding principal and accrued interest 
of such loans, during such period. 
‘‘(B) DISAGGREGATED
INFORMATION.—For each quar-
terly report, the information described in clauses (i) and 
(ii) of subparagraph (A) shall be disaggregated by lender 
and, for each lender, by category of institution (using the 
categories described in section 132(d)) and type of loan. 
‘‘(2) ESTIMATES OF PURCHASE PROGRAM COSTS.—Not later 
than February 15, 2010, an estimate of the costs associated 
with the program of purchasing loans described in paragraph 
(1)(A)(i) during the period beginning July 1, 2008, and ending 
September 30, 2009, and an estimate of the costs associated 
with the program of purchasing a participation interest in 
loans described in paragraph (1)(A)(ii) during such period. Each 
such estimate shall— 
‘‘(A) contain the same level of detail, and be reported 
in a similar manner, as the budget estimates provided 
for the loan program under part B and the direct student 
loan program under this part in the President’s annual 
budget submission to Congress, except that current and 
future administrative costs shall also be reported; 
‘‘(B) include an estimate of the gross and net outlays 
that have been, or will be, incurred by the Federal Govern-
ment (including subsidy and administrative costs, and any 
payments made by the Department to lenders, trusts, or 
other entities related to such activities) in purchasing such 
loans or purchasing a participation interest in such loans 
during such period (as applicable); and 
‘‘(C) include a comparison of— 
‘‘(i) the average amount of the gross and net out-
lays (including costs and payments) described in 
subparagraph (B) for each $100 of loans purchased 
or for which a participation interest was purchased 
(as applicable) during such period, disaggregated by 
type of loan; with 
‘‘(ii) the average amount of such gross and net 
outlays (including costs and payments) to the Federal 
Government for each $100 of comparable loans made 
under this part and part B during such period, 
disaggregated by part and by type of loan. 
Public 
information. 
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122 STAT. 3265 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) ANNUAL COST ESTIMATES.—Not later than February 
15 of the fiscal year following each of the fiscal years 2008, 
2009, and 2010, an annual estimate of the costs associated 
with the program of purchasing loans described in paragraph 
(1)(A)(i), and an annual estimate of the costs associated with 
the program of purchasing a participation interest in loans 
described in paragraph (1)(A)(ii), that includes the information 
described in paragraph (2) for such fiscal year.’’. 
SEC. 454. LOAN CANCELLATION FOR TEACHERS. 
(a) IN GENERAL.—Section 460 (20 U.S.C. 1087j) is amended— 
(1) in subsection (b)(1)(A)(i)— 
(A) by inserting ‘‘or location’’ after ‘‘a school’’; and 
(B) by inserting ‘‘or locations’’ after ‘‘schools’’; and 
(2) in subsection (c)(3)(B)(iii), by inserting ‘‘or, in the case 
of a teacher who is employed by an educational service agency, 
as certified by the chief administrative officer of such agency,’’ 
after ‘‘borrower is employed,’’. 
(b) PREVENTION OF DOUBLE BENEFITS.—Section 460(g)(2) (20 
U.S.C. 1087j(g)(2)) is amended to read as follows: 
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No borrower may, 
for the same voluntary service, receive a benefit under both 
this section and— 
‘‘(A) section 428J; 
‘‘(B) section 428K; 
‘‘(C) section 455(m); or 
‘‘(D) subtitle D of title I of the National and Community 
Service Act of 1990 (42 U.S.C. 12571 et seq.).’’. 
(c) TECHNICAL AMENDMENTS.—Section 460(b) (as amended by 
subsection (a)(1)) (20 U.S.C. 1087j(b)) is further amended— 
(1) by striking paragraph (2); 
(2) by striking ‘‘PROGRAM AUTHORIZED.—’’ and all that fol-
lows through ‘‘The Secretary shall’’ and inserting ‘‘PROGRAM 
AUTHORIZED.—The Secretary shall’’; 
(3) by redesignating subparagraph (B) as paragraph (2), 
and adjusting the margin accordingly; and 
(4) by redesignating subparagraph (A) as paragraph (1), 
by redesignating clauses (i) and (ii) of such paragraph (as 
so redesignated) as subparagraphs (A) and (B), respectively, 
and by adjusting the margins accordingly. 
(d) CONFORMING AMENDMENTS.—Section 460 (20 U.S.C. 1087j) 
is further amended— 
(1) in subsection (c)(1), by striking ‘‘(b)(1)(A)’’ and inserting 
‘‘(b)(1)’’; 
(2) in subsection (c)(3)— 
(A) in subparagraph (A)(i), by striking ‘‘(b)(1)’’ and 
inserting ‘‘(b)’’; and 
(B) in subparagraph (B)(i), by striking ‘‘(b)(1)’’ and 
inserting ‘‘(b)’’; and 
(3) in subsection (g)(3), by striking ‘‘(b)(1)(A)(ii)’’ and 
inserting ‘‘(b)(1)(B)’’. 
PART E—FEDERAL PERKINS LOANS 
SEC. 461. EXTENSION OF AUTHORITY. 
Section 461(b) (20 U.S.C. 1087aa(b)) is amended— 
Deadline. 
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122 STAT. 3266 
PUBLIC LAW 110–315—AUG. 14, 2008 
(1) in paragraph (1), by striking ‘‘$250,000,000 for fiscal 
year 1999’’ and all that follows through the period and inserting 
‘‘$300,000,000 for fiscal year 2009 and for each of the five 
succeeding fiscal years.’’; and 
(2) in paragraph (2), by striking ‘‘2003’’ each place it 
appears and inserting ‘‘2015’’. 
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 subpara-
graph (A), the Secretary may allow such institution to 
refer such note or agreement to the Secretary, without 
recompense, except that, once every six months, any sums 
collected on such a loan (less an amount not to exceed 
30 percent of any such sums collected to cover the Sec-
retary’s collection costs) shall be repaid to such institution 
and treated as an additional capital contribution under 
section 462;’’. 
(b) REVISE AUTHORITY TO PRESCRIBE ADDITIONAL FISCAL CON-
TROLS.—Section 463(a)(9) (20 U.S.C. 1087cc(a)(9)) is amended by 
inserting ‘‘, except that nothing in this paragraph shall be construed 
to permit the Secretary 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’’. 
(b) DISCHARGE AND CANCELLATION RIGHTS IN CASES OF DIS-
ABILITY.— 
(1) AMENDMENT.—Section 464 (20 U.S.C. 1087dd(c)) is fur-
ther amended— 
(A) in subsection (c)(1)(F), by striking ‘‘canceled upon 
the death’’ and all that follows through the semicolon and 
inserting ‘‘cancelled— 
‘‘(i) upon the death of the borrower; 
‘‘(ii) if the borrower becomes permanently and 
totally disabled as determined in accordance with regu-
lations of the Secretary; 
‘‘(iii) if the borrower is unable to engage in any 
substantial gainful activity by reason of any medically 
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122 STAT. 3267 
PUBLIC LAW 110–315—AUG. 14, 2008 
determinable physical or mental impairment that can 
be expected to result in death, has lasted for a contin-
uous period of not less than 60 months, or can be 
expected to last for a continuous period of not less 
than 60 months; or 
‘‘(iv) if the borrower is determined by the Secretary 
of Veterans Affairs to be unemployable due to a service- 
connected disability;’’; and 
(B) by adding at the end the following: 
‘‘(k) The Secretary may develop such additional safeguards 
as the Secretary determines necessary to prevent fraud and abuse 
in the cancellation of liability under subsection (c)(1)(F). Notwith-
standing subsection (c)(1)(F), the Secretary may promulgate regula-
tions to resume collection on loans cancelled under subsection 
(c)(1)(F) in any case in which— 
‘‘(1) a borrower received a cancellation of liability under 
subsection (c)(1)(F) and after the cancellation the borrower— 
‘‘(A) receives a loan made, insured, or guaranteed under 
this title; or 
‘‘(B) has earned income in excess of the poverty line; 
or 
‘‘(2) the Secretary determines necessary.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect on July 1, 2008. 
(c) 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 inserting ‘‘, 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 ‘‘FORBEARANCE.—’’; 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)(2), by striking ‘‘(e)(3)’’ and inserting 
‘‘(e)(1)(C)’’. 
SEC. 465. CANCELLATION FOR PUBLIC SERVICE. 
Section 465(a) (20 U.S.C. 1087ee(a)) is amended— 
(1) in paragraph (2)— 
(A) by striking subparagraph (A) and inserting the 
following: 
‘‘(A) as a full-time teacher for service in an academic year 
(including such a teacher employed by an educational service 
agency)— 
‘‘(i) in a public or other nonprofit private elementary 
school or secondary school, which, for the purpose of this 
paragraph and for that year— 
20 USC 1087dd 
note. 
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122 STAT. 3268 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(I) has been determined by the Secretary (pursu-
ant to regulations of the Secretary and after consulta-
tion with the State educational agency of the State 
in which the school is located) to be a school in which 
the number of children meeting a measure of poverty 
under section 1113(a)(5) of the Elementary and Sec-
ondary Education Act of 1965, exceeds 30 percent of 
the total number of children enrolled in such school; 
and 
‘‘(II) is in the school district of a local educational 
agency which is eligible in such year for assistance 
pursuant to part A of title I of the Elementary and 
Secondary Education Act of 1965; or 
‘‘(ii) in one or more public, or nonprofit private, 
elementary schools or secondary schools or locations oper-
ated by an educational service agency that have been deter-
mined by the Secretary (pursuant to regulations of the 
Secretary and after consultation with the State educational 
agency of the State in which the educational service agency 
operates) to be a school or location at which the number 
of children taught who meet a measure of poverty under 
section 1113(a)(5) of the Elementary and Secondary Edu-
cation Act of 1965, exceeds 30 percent of the total number 
of children taught at such school or location;’’; 
(B) in subparagraph (B), by striking ‘‘Head Start Act 
which’’ and inserting ‘‘Head Start Act, or in a prekinder-
garten or child care program that is licensed or regulated 
by the State, that’’; 
(C) in subparagraph (C), by inserting ‘‘, including a 
system administered by an educational service agency’’ 
after ‘‘secondary school system’’; 
(D) by striking subparagraph (F) and inserting the 
following: 
‘‘(F) as a full-time law enforcement officer or corrections 
officer for service to local, State, or Federal law enforcement 
or corrections agencies, or as a full-time attorney employed 
in a defender organization established in accordance with sec-
tion 3006A(g)(2) of title 18, United States Code;’’; 
(E) in subparagraph (H), by striking ‘‘or’’ after the 
semicolon; 
(F) in subparagraph (I), by striking the period and 
inserting a semicolon; and 
(G) by inserting before the matter following subpara-
graph (I) the following: 
‘‘(J) as a full-time fire fighter for service to a local, State, 
or Federal fire department or fire district; 
‘‘(K) as a full-time faculty member at a Tribal College 
or University, as that term is defined in section 316; 
‘‘(L) as a librarian, if the librarian has a master’s degree 
in library science and is employed in— 
‘‘(i) an elementary school or secondary school that is 
eligible for assistance under part A of title I of the 
Elementary and Secondary Education Act of 1965; or 
‘‘(ii) a public library that serves a geographic area 
that contains one or more schools eligible for assistance 
under part A of title I of the Elementary and Secondary 
Education Act of 1965; or 
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122 STAT. 3269 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(M) as a full-time speech language pathologist, if the 
pathologist has a masters degree and is working exclusively 
with schools that are eligible for assistance 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). 
SEC. 466. SENSE OF CONGRESS REGARDING FEDERAL PERKINS LOANS. 
It is the sense of Congress that the Federal Perkins Loan 
Program, which provides low-interest loans to help needy students 
finance the costs of postsecondary education, is an important part 
of Federal student aid, and should remain a campus-based aid 
program at colleges and universities. 
PART F—NEED ANALYSIS 
SEC. 471. COST OF ATTENDANCE. 
(a) AMENDMENTS.—Section 472(3) (20 U.S.C. 1087ll(3)) is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ after the semi-
colon; 
(2) by redesignating subparagraph (C) as subparagraph 
(D); and 
(3) by inserting after subparagraph (B), as amended by 
paragraph (1), the following: 
‘‘(C) for students who live in housing located on a 
military base or for which a basic allowance 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, 2010. 
SEC. 472. DISCRETION TO MAKE ADJUSTMENTS. 
(a) AMENDMENTS.—Section 479A(a) (as amended by Public Law 
110–84) (20 U.S.C. 1087tt(a)) is amended— 
(1) by striking ‘‘medical or dental expenses’’ and inserting 
‘‘medical, dental, or nursing home expenses’’; 
(2) by inserting ‘‘or dependent care’’ after ‘‘child care’’; 
(3) by inserting ‘‘student or’’ before ‘‘family member who 
is a dislocated worker’’; and 
(4) by striking the second to last sentence and inserting 
the following: ‘‘In addition, nothing in this title shall be inter-
preted as limiting the authority of the student financial aid 
administrator in such cases (1) to request and use supple-
mentary information about the financial status or personal 
circumstances of eligible applicants in selecting recipients and 
determining the amount of awards under this title, or (2) to 
offer a dependent student financial assistance under section 
428H or a Federal Direct Unsubsidized Stafford Loan without 
requiring the parents of such student to file the financial aid 
form prescribed under section 483 if the student financial aid 
20 USC 1087ll 
note. 
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122 STAT. 3270 
PUBLIC LAW 110–315—AUG. 14, 2008 
administrator verifies that the parent or parents of such stu-
dent have ended financial support of such student and refuse 
to file such form.’’. 
(b) EFFECTIVE DATE AMENDMENT TO THE COLLEGE COST REDUC-
TION AND ACCESS ACT.—Section 603(b) of the College Cost Reduction 
and Access Act (Public Law 110–84) is amended by striking ‘‘July 
1, 2009’’ and inserting ‘‘the date of enactment of the Higher Edu-
cation Opportunity Act’’. 
SEC. 473. DEFINITIONS. 
(a) TOTAL INCOME.—Section 480(a) (as amended by Public Law 
110–84) (20 U.S.C. 1087vv(a)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(B) by inserting ‘‘subparagraph (B) and’’ after ‘‘provided 
in’’; and 
(C) by adding at the end the following new subpara-
graph: 
‘‘(B) Notwithstanding section 478(a), the Secretary may provide 
for the use of data from the second preceding tax year when and 
to the extent necessary to carry out the simplification of applications 
(including simplification for a subset of applications) used for the 
estimation and determination of financial aid eligibility. Such sim-
plification may include the sharing of data between the Internal 
Revenue Service and the Department, pursuant to the consent 
of the taxpayer.’’; and 
(2) in paragraph (2), by inserting ‘‘no portion of veterans’ 
education benefits received by an individual,’’ after ‘‘any pro-
gram by an individual,’’. 
(b) UNTAXED INCOME AND BENEFITS.—Section 480(b)(1)(E) (as 
amended by Public Law 110–84) (20 U.S.C. 1087vv(b)(1)(E)) is 
amended by inserting ‘‘, except that the value of on-base military 
housing or the value of basic allowance for housing determined 
under section 403(b) of title 37, United States Code, received by 
the parents, in the case of a dependent student, or the student 
or student’s spouse, in the case of an independent student, shall 
be excluded’’ before the semicolon. 
(c) INDEPENDENT STUDENT.—Section 480(d)(1) (as amended by 
Public Law 110–84) (20 U.S.C. 1087vv(d)(1)) is amended— 
(1) by striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) is an orphan, in foster care, or a ward of the 
court, or was an orphan, in foster care, or a ward of 
the court at any time when the individual was 13 years 
of age or older;’’; and 
(2) by striking subparagraph (C) and inserting the fol-
lowing: 
‘‘(C) is, or was immediately prior to attaining the age 
of majority, an emancipated minor or in legal guardianship 
as determined by a court of competent jurisdiction in the 
individual’s State of legal residence;’’. 
(d) TREATMENT OF COOPERATIVE EDUCATION WORK INCOME.— 
Section 480(e) (as amended by Public Law 110–84) (20 U.S.C. 
1087vv(e)) is amended— 
(1) by redesignating paragraphs (2) through (5) as para-
graphs (3) through (6), respectively; and 
20 USC 1087tt 
note. 
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122 STAT. 3271 
PUBLIC LAW 110–315—AUG. 14, 2008 
(2) by inserting after paragraph (1) the following new para-
graph: 
‘‘(2) any income earned from work under a cooperative 
education program offered by an institution of higher edu-
cation;’’. 
(e) OTHER FINANCIAL ASSISTANCE.—Section 480(j)(1) (20 U.S.C. 
1087vv(j)(1)) is amended— 
(1) by striking ‘‘veterans’ education benefits as defined 
in subsection (c), and’’; and 
(2) by inserting before the period at the end the following: 
‘‘, but excluding veterans’ education benefits as defined in sub-
section (c)’’. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on July 1, 2010. 
PART G—GENERAL PROVISIONS RELATING TO 
STUDENT ASSISTANCE 
SEC. 481. DEFINITIONS. 
Section 481 (20 U.S.C. 1088) is amended— 
(1) in subsection (a)(2)(B), by inserting ‘‘and that measures 
program length in credit hours or clock hours’’ after ‘‘bacca-
laureate degree’’; and 
(2) by adding at the end the following: 
‘‘(e) CONSUMER REPORTING AGENCY.—For purposes of this title, 
the term ‘consumer reporting agency’ has the meaning given the 
term ‘consumer reporting agency that compiles and maintains files 
on consumers on a nationwide basis’ in Section 603(p) of the Fair 
Credit Reporting Act (15 U.S.C. 1681a(p)). 
‘‘(f) DEFINITION OF EDUCATIONAL SERVICE AGENCY.—For pur-
poses of parts B, D, and E, the term ‘educational service agency’ 
has the meaning given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965.’’. 
SEC. 482. MASTER CALENDAR. 
(a) AMENDMENT.—Section 482 (20 U.S.C. 1089) is amended— 
(1) in subsection (a)(1), by striking subparagraphs (B) and 
(C) and inserting the following: 
‘‘(B) by March 1: proposed modifications, updates, and 
notices pursuant to sections 478 and 483(a)(5) published 
in the Federal Register; 
‘‘(C) by June 1: final modifications, updates, and notices 
pursuant to sections 478 and 483(a)(5) published in the 
Federal Register;’’; and 
(2) by adding at the end the following: 
‘‘(e) COMPLIANCE CALENDAR.—Prior to the beginning of each 
award year, the Secretary shall provide to institutions of higher 
education a list of all the reports and disclosures required under 
this Act. The list shall include— 
‘‘(1) the date each report or disclosure is required to be 
completed and to be submitted, made available, or dissemi-
nated; 
‘‘(2) the required recipients of each report or disclosure; 
‘‘(3) any required method for transmittal or dissemination 
of each report or disclosure; 
‘‘(4) a description of the content of each report or disclosure 
sufficient to allow the institution to identify the appropriate 
Deadline. 
Records. 
Deadlines. 
20 USC 1087vv 
note. 
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122 STAT. 3272 
PUBLIC LAW 110–315—AUG. 14, 2008 
individuals to be assigned the responsibility for such report 
or disclosure; 
‘‘(5) references to the statutory authority, applicable regula-
tions, and current guidance issued by the Secretary regarding 
each report or disclosure; and 
‘‘(6) any other information which is pertinent to the content 
or distribution of the report or disclosure.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection 
(a)(1) shall take effect on July 1, 2010. 
SEC. 483. IMPROVEMENTS TO PAPER AND ELECTRONIC FORMS AND 
PROCESSES. 
(a) COMMON FINANCIAL AID FORM DEVELOPMENT AND PROC-
ESSING.—Section 483 (20 U.S.C. 1090) is amended— 
(1) in subsection (a), by striking paragraphs (1) through 
(7) and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary, in cooperation with rep-
resentatives of agencies and organizations involved in student 
financial assistance, shall produce, distribute, and process free 
of charge common financial reporting forms as described in 
this subsection to be used for application and reapplication 
to determine the need and eligibility of a student for financial 
assistance under parts A through E (other than subpart 4 
of part A). The forms shall be made available to applicants 
in both paper and electronic formats and shall be referred 
to as the ‘Free Application for Federal Student Aid’ or the 
‘FAFSA’. The Secretary shall work to make the FAFSA con-
sumer-friendly and to make questions on the FAFSA easy for 
students and families to read and understand, and shall ensure 
that the FAFSA is available in formats accessible to individuals 
with disabilities. 
‘‘(2) PAPER FORMAT.— 
‘‘(A) IN GENERAL.—The Secretary shall develop, make 
available, and process— 
‘‘(i) a paper version of EZ FAFSA, as described 
in subparagraph (B); and 
‘‘(ii) a paper version of the other forms described 
in this subsection, in accordance with subparagraph 
(C), for any applicant who does not meet the require-
ments of or does not wish to use the process described 
in subparagraph (B). 
‘‘(B) EZ FAFSA.— 
‘‘(i) IN GENERAL.—The Secretary shall develop and 
use, after appropriate field testing, a simplified paper 
form, to be known as the EZ FAFSA, to be used for 
applicants meeting the requirements of subsection (b) 
or (c) of section 479. 
‘‘(ii) REDUCED
DATA
REQUIREMENTS.—The EZ 
FAFSA shall permit an applicant to submit, for finan-
cial assistance purposes, only the data elements 
required to make a determination of whether the 
applicant meets the requirements under subsection (b) 
or (c) of section 479. 
‘‘(iii) STATE DATA.—The Secretary shall include on 
the EZ FAFSA such data items as may be necessary 
to award State financial assistance, as provided under 
paragraph (5), except that the Secretary shall not 
20 USC 1089 
note. 
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122 STAT. 3273 
PUBLIC LAW 110–315—AUG. 14, 2008 
include a State’s data if that State does not permit 
the State’s resident applicants to use the EZ FAFSA 
for State assistance. 
‘‘(iv) FREE
AVAILABILITY
AND
PROCESSING.—The 
provisions of paragraph (6) shall apply to the EZ 
FAFSA, and the data collected by means of the EZ 
FAFSA shall be available to institutions of higher edu-
cation, guaranty agencies, and States in accordance 
with paragraph (10). 
‘‘(C) PROMOTING THE USE OF ELECTRONIC FAFSA.— 
‘‘(i) IN GENERAL.—The Secretary shall make all 
efforts to encourage all applicants to utilize the elec-
tronic version of the forms described in paragraph 
(3). 
‘‘(ii) MAINTENANCE OF THE FAFSA IN A PRINTABLE 
ELECTRONIC
FILE.—The Secretary shall maintain a 
version of the paper forms described in subparagraphs 
(A) and (B) in a printable electronic file that is easily 
portable, accessible, and downloadable to students on 
the same website used to provide students with the 
electronic version of the forms described in paragraph 
(3). 
‘‘(iii) REQUESTS FOR PRINTED COPY.—The Secretary 
shall provide a printed copy of the full paper version 
of FAFSA upon request. 
‘‘(iv) REPORTING
REQUIREMENT.—The Secretary 
shall maintain data, and periodically report to Con-
gress, on the impact of the digital divide on students 
completing applications for aid under this title. The 
Secretary shall report on the steps taken to eliminate 
the digital divide and reduce production of the paper 
form described in subparagraph (A). The Secretary’s 
report shall specifically address the impact of the dig-
ital divide on the following student populations: 
‘‘(I) Independent students. 
‘‘(II) Traditionally underrepresented students. 
‘‘(III) Dependent students. 
‘‘(3) ELECTRONIC FORMAT.— 
‘‘(A) IN GENERAL.—The Secretary shall produce, dis-
tribute, and process forms in electronic format to meet 
the requirements of paragraph (1). The Secretary shall 
develop an electronic version of the forms for applicants 
who do not meet the requirements of subsection (b) or 
(c) of section 479. 
‘‘(B) SIMPLIFIED APPLICATIONS: FAFSA ON THE WEB.— 
‘‘(i) IN GENERAL.—The Secretary shall develop and 
use a simplified electronic version of the form to be 
used by applicants meeting the requirements under 
subsection (b) or (c) of section 479. 
‘‘(ii) REDUCED
DATA
REQUIREMENTS.—The sim-
plified electronic version of the forms shall permit an 
applicant to submit, for financial assistance purposes, 
only the data elements required to make a determina-
tion of whether the applicant meets the requirements 
under subsection (b) or (c) of section 479. 
‘‘(iii) USE OF FORMS.—Nothing in this subsection 
shall be construed to prohibit the use of the forms 
Applicability. 
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122 STAT. 3274 
PUBLIC LAW 110–315—AUG. 14, 2008 
developed by the Secretary pursuant to this paragraph 
by an eligible institution, eligible lender, guaranty 
agency, State grant agency, private computer software 
provider, a consortium thereof, or such other entities 
as the Secretary may designate. 
‘‘(C) STATE DATA.—The Secretary shall include on the 
electronic version of the forms such items as may be nec-
essary to determine eligibility for State financial assistance, 
as provided under paragraph (5), except the Secretary shall 
not require an applicant to enter data pursuant to this 
subparagraph that are required by any State other than 
the applicant’s State of residence. 
‘‘(D) AVAILABILITY
AND
PROCESSING.—The data col-
lected by means of the simplified electronic version of the 
forms shall be available to institutions of higher education, 
guaranty agencies, and States in accordance with para-
graph (10). 
‘‘(E) PRIVACY.—The Secretary shall ensure that data 
collection under this paragraph complies with section 552a 
of title 5, United States Code, and that any entity using 
the electronic version of the forms developed by the Sec-
retary pursuant to this paragraph shall maintain reason-
able and appropriate administrative, technical, and phys-
ical safeguards to ensure the integrity and confidentiality 
of the information, and to protect against security threats, 
or unauthorized uses or disclosures of the information pro-
vided on the electronic version of the forms. Data collected 
by such electronic version of the forms shall be used only 
for the application, award, and administration of aid 
awarded under this title, State aid, or aid awarded by 
eligible institutions or such entities as the Secretary may 
designate. No data collected by such electronic version of 
the forms shall be used for making final aid awards under 
this title until such data have been processed by the Sec-
retary or a contractor or designee of the Secretary, except 
as may be permitted under this title. 
‘‘(F) SIGNATURE.—Notwithstanding any other provision 
of this Act, the Secretary may continue to permit an elec-
tronic version of the form under this paragraph to be 
submitted without a signature, if a signature is subse-
quently submitted by the applicant or if the applicant 
uses a personal identification number provided by the Sec-
retary under subparagraph (G). 
‘‘(G) PERSONAL
IDENTIFICATION
NUMBERS
AUTHOR-
IZED.—The Secretary may continue to assign to an 
applicant a personal identification number— 
‘‘(i) to enable the applicant to use such number 
as a signature for purposes of completing an electronic 
version of a form developed under this paragraph; and 
‘‘(ii) for any purpose determined by the Secretary 
to enable the Secretary to carry out this title. 
‘‘(H) PERSONAL
IDENTIFICATION
NUMBER
IMPROVE-
MENT.—The Secretary shall continue to work with the 
Commissioner of Social Security to minimize the time 
required for an applicant to obtain a personal identification 
number when applying for aid under this title through 
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122 STAT. 3275 
PUBLIC LAW 110–315—AUG. 14, 2008 
an electronic version of a form developed under this para-
graph. 
‘‘(4) STREAMLINING.— 
‘‘(A) STREAMLINED REAPPLICATION PROCESS.— 
‘‘(i) IN GENERAL.—The Secretary shall continue to 
streamline reapplication forms and processes for an 
applicant who applies for financial assistance under 
this title in the next succeeding academic year subse-
quent to an academic year for which such applicant 
applied for financial assistance under this title. 
‘‘(ii) UPDATING OF DATA ELEMENTS.—The Secretary 
shall determine, in cooperation with States, institu-
tions of higher education, agencies, and organizations 
involved in student financial assistance, the data ele-
ments that may be transferred from the previous aca-
demic year’s application and those data elements that 
shall be updated. 
‘‘(iii) REDUCED DATA AUTHORIZED.—Nothing in this 
title shall be construed as limiting the authority of 
the Secretary to reduce the number of data elements 
required of reapplicants. 
‘‘(iv) 
ZERO
FAMILY
CONTRIBUTION.—Applicants 
determined to have a zero family contribution pursuant 
to section 479(c) shall not be required to provide any 
financial data in a reapplication form, except data that 
are necessary to determine eligibility under such sec-
tion. 
‘‘(B) REDUCTION OF DATA ELEMENTS.— 
‘‘(i) REDUCTION ENCOURAGED.—Of the number of 
data elements on the FAFSA used for the 2009–2010 
award year, the Secretary, in cooperation with rep-
resentatives of agencies and organizations involved in 
student financial assistance and consistent with efforts 
under subsection (c), shall continue to reduce the 
number of such data elements required to be entered 
by all applicants, with the goal of reducing such 
number by 50 percent. 
‘‘(ii) REPORT.—The Secretary shall submit a report 
on the process of this reduction to each of the author-
izing committees by June 30, 2011. 
‘‘(5) STATE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—Except as provided in paragraphs 
(2)(B)(iii), (3)(B), and (4)(A)(ii), the Secretary shall include 
on the forms developed under this subsection, such State- 
specific data items as the Secretary determines are nec-
essary to meet State requirements for need-based State 
aid. Such items shall be selected in consultation with State 
agencies in order to assist in the awarding of State financial 
assistance in accordance with the terms of this subsection. 
The number of such data items shall not be less than 
the number included on the form for the 2008–2009 award 
year unless a State notifies the Secretary that the State 
no longer requires those data items for the distribution 
of State need-based aid. 
‘‘(B) ANNUAL REVIEW.—The Secretary shall conduct an 
annual review to determine— 
Notification. 
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122 STAT. 3276 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) which data items each State requires to award 
need-based State aid; and 
‘‘(ii) if the State will permit an applicant to file 
a form described in paragraph (2)(B) or (3)(B). 
‘‘(C) FEDERAL REGISTER NOTICE.—Beginning with the 
forms developed under paragraphs (2)(B) and (3)(B) for 
the award year 2010–2011, the Secretary shall publish 
on an annual basis a notice in the Federal Register 
requiring State agencies to inform the Secretary— 
‘‘(i) if the State agency is unable to permit 
applicants to utilize the simplified forms described in 
paragraphs (2)(B) and (3)(B); and 
‘‘(ii) of the State-specific nonfinancial data that 
the State agency requires for delivery of State need- 
based financial aid. 
‘‘(D) USE OF SIMPLIFIED FORMS ENCOURAGED.—The Sec-
retary shall encourage States to take such steps as are 
necessary to encourage the use of simplified forms under 
this subsection, including those forms described in para-
graphs (2)(B) and (3)(B), for applicants who meet the 
requirements of subsection (b) or (c) of section 479. 
‘‘(E) CONSEQUENCES IF STATE DOES NOT ACCEPT SIM-
PLIFIED FORMS.—If a State does not permit an applicant 
to file a form described in paragraph (2)(B) or (3)(B) for 
purposes of determining eligibility for State need-based 
financial aid, the Secretary may determine that State-spe-
cific questions for such State will not be included on a 
form described in paragraph (2)(B) or (3)(B). If the Sec-
retary makes such determination, the Secretary shall 
advise the State of the Secretary’s determination. 
‘‘(F) LACK
OF
STATE
RESPONSE
TO
REQUEST
FOR 
INFORMATION.—If a State does not respond to the Sec-
retary’s request for information under subparagraph (B), 
the Secretary shall— 
‘‘(i) permit residents of that State to complete sim-
plified forms under paragraphs (2)(B) and (3)(B); and 
‘‘(ii) not require any resident of such State to com-
plete any data items previously required by that State 
under this section. 
‘‘(G) RESTRICTION.—The Secretary shall, to the extent 
practicable, not require applicants to complete any financial 
or nonfinancial data items that are not required— 
‘‘(i) by the applicant’s State; or 
‘‘(ii) by the Secretary. 
‘‘(6) CHARGES TO STUDENTS AND PARENTS FOR USE OF FORMS 
PROHIBITED.—The need and eligibility of a student for financial 
assistance under parts A through E (other than under subpart 
4 of part A) may be determined only by using a form developed 
by the Secretary under this subsection. Such forms shall be 
produced, distributed, and processed by the Secretary, and no 
parent or student shall be charged a fee by the Secretary, 
a contractor, a third-party servicer or private software provider, 
or any other public or private entity for the collection, proc-
essing, or delivery of financial aid through the use of such 
forms. No data collected on a form for which a fee is charged 
shall be used to complete the form prescribed under this section, 
except that a Federal or State income tax form prepared by 
Deadline. 
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122 STAT. 3277 
PUBLIC LAW 110–315—AUG. 14, 2008 
a paid income tax preparer or preparer service for the primary 
purpose of filing a Federal or State income tax return may 
be used to complete the form prescribed under this section. 
‘‘(7) RESTRICTIONS ON USE OF PIN.—No person, commercial 
entity, or other entity may request, obtain, or utilize an 
applicant’s personal identification number assigned under para-
graph (3)(G) for purposes of submitting a form developed under 
this subsection on an applicant’s behalf. 
‘‘(8) APPLICATION PROCESSING CYCLE.—The Secretary shall 
enable students to submit forms developed under this sub-
section and initiate the processing of such forms under this 
subsection, as early as practicable prior to January 1 of the 
student’s planned year of enrollment. 
‘‘(9) EARLY ESTIMATES.—The Secretary shall continue to— 
‘‘(A) permit applicants to enter data in such forms 
as described in this subsection in the years prior to enroll-
ment in order to obtain a non-binding estimate of the 
applicant’s family contribution (as defined in section 473); 
‘‘(B) permit applicants to update information submitted 
on forms described in this subsection, without needing 
to re-enter previously submitted information; 
‘‘(C) develop a means to inform applicants, in the years 
prior to enrollment, of student aid options for individuals 
in similar financial situations; 
‘‘(D) develop a means to provide a clear and con-
spicuous notice that the applicant’s expected family con-
tribution is subject to change and may not reflect the 
final expected family contribution used to determine Fed-
eral student financial aid award amounts under this title; 
and 
‘‘(E) consult with representatives of States, institutions 
of higher education, and other individuals with experience 
or expertise in student financial assistance application 
processes in making updates to forms used to provide early 
estimates under this paragraph. 
‘‘(10) DISTRIBUTION OF DATA.—Institutions of higher edu-
cation, guaranty agencies, and States shall receive, without 
charge, the data collected by the Secretary using a form devel-
oped under this subsection for the purposes of processing loan 
applications and determining need and eligibility for institu-
tional and State financial aid awards. Entities designated by 
institutions of higher education, guaranty agencies, or States 
to receive such data shall be subject to all the requirements 
of this section, unless such requirements are waived by the 
Secretary. 
‘‘(11) THIRD PARTY SERVICERS AND PRIVATE SOFTWARE PRO-
VIDERS.—To the extent practicable and in a timely manner, 
the Secretary shall provide, to private organizations and con-
sortia that develop software used by institutions of higher 
education for the administration of funds under this title, all 
the necessary specifications that the organizations and con-
sortia must meet for the software the organizations and con-
sortia develop, produce, and distribute (including any diskette, 
modem, or network communications) to be so used. The speci-
fications shall contain record layouts for required data. The 
Secretary shall develop in advance of each processing cycle 
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122 STAT. 3278 
PUBLIC LAW 110–315—AUG. 14, 2008 
an annual schedule for providing such specifications. The Sec-
retary, to the extent practicable, shall use multiple means 
of providing such specifications, including conferences and other 
meetings, outreach, and technical support mechanisms (such 
as training and printed reference materials). The Secretary 
shall, from time to time, solicit from such organizations and 
consortia means of improving the support provided by the Sec-
retary. 
‘‘(12) PARENT’S SOCIAL SECURITY NUMBER AND BIRTH DATE.— 
The Secretary is authorized to include space on the forms 
developed under this subsection for the social security number 
and birth date of parents of dependent students seeking finan-
cial assistance under this title.’’; 
(2) by striking subsections (b) and (e); 
(3) by redesignating subsections (c) and (d) (as amended 
by section 103(b)(10)) as subsections (b) and (c), respectively; 
(4) in subsection (c) (as redesignated by paragraph (3)), 
by striking ‘‘that is authorized’’ and all that follows through 
the period at the end and inserting ‘‘or other appropriate pro-
vider of technical assistance and information on postsecondary 
educational services for individuals with disabilities, including 
the National Technical Assistance Center under section 777. 
The Secretary shall continue to implement, to the extent prac-
ticable, a toll-free telephone based system to permit applicants 
who meet the requirements of subsection (b) or (c) of section 
479 to submit an application over such system.’’; and 
(5) by adding at the end the following: 
‘‘(d) ASSISTANCE IN PREPARATION OF FINANCIAL AID APPLICA-
TION.— 
‘‘(1) 
PREPARATION
AUTHORIZED.—Notwithstanding 
any 
provision of this Act, an applicant may use a preparer for 
consultative or preparation services for the completion of a 
form developed under subsection (a) if the preparer satisfies 
the requirements of this subsection. 
‘‘(2) PREPARER IDENTIFICATION REQUIRED.—If an applicant 
uses a preparer for consultative or preparation services for 
the completion of a form developed under subsection (a), and 
for which a fee is charged, the preparer shall— 
‘‘(A) include, at the time the form is submitted to 
the Department, the name, address or employer’s address, 
social security number or employer identification number, 
and organizational affiliation of the preparer on the 
applicant’s form; and 
‘‘(B) be subject to the same penalties as an applicant 
for purposely giving false or misleading information in 
the application. 
‘‘(3) ADDITIONAL REQUIREMENTS.—A preparer that provides 
consultative or preparation services pursuant to this subsection 
shall— 
‘‘(A) clearly inform each individual upon initial contact, 
including contact through the Internet or by telephone, 
that the FAFSA and EZ FAFSA are free forms that may 
be completed without professional assistance via paper or 
electronic version of the forms that are provided by the 
Secretary; 
‘‘(B) include in any advertising clear and conspicuous 
information that the FAFSA and EZ FAFSA are free forms 
Communication 
and tele- 
communications. 
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122 STAT. 3279 
PUBLIC LAW 110–315—AUG. 14, 2008 
that may be completed without professional assistance via 
paper or electronic version of the forms that are provided 
by the Secretary; 
‘‘(C) if advertising or providing any information on 
a website, or if providing services through a website, 
include on the website a link to the website that provides 
the electronic version of the forms developed under sub-
section (a); and 
‘‘(D) not produce, use, or disseminate any other form 
for the purpose of applying for Federal student financial 
aid other than the form developed by the Secretary under 
subsection (a). 
‘‘(4) SPECIAL RULE.—Nothing in this Act shall be construed 
to limit preparers of the forms required under this title that 
meet the requirements of this subsection from collecting source 
information from a student or parent, including Internal Rev-
enue Service tax forms, in providing consultative and prepara-
tion services in completing the forms. 
‘‘(e) EARLY APPLICATION AND ESTIMATED AWARD DEMONSTRA-
TION PROGRAM.— 
‘‘(1) PURPOSE AND OBJECTIVES.—The purpose of the dem-
onstration program under this subsection is to measure the 
benefits, in terms of student aspirations and plans to attend 
an institution of higher education, and any adverse effects, 
in terms of program costs, integrity, distribution, and delivery 
of aid under this title, of implementing an early application 
system for all dependent students that allows dependent stu-
dents to apply for financial aid using information from two 
years prior to the year of enrollment. Additional objectives 
associated with implementation of the demonstration program 
are the following: 
‘‘(A) To measure the feasibility of enabling dependent 
students to apply for Federal, State, and institutional finan-
cial aid in their junior year of secondary school, using 
information from two years prior to the year of enrollment, 
by completing any of the forms under this subsection. 
‘‘(B) To identify whether receiving final financial aid 
award estimates not later than the fall of the senior year 
of secondary school provides students with additional time 
to compete for the limited resources available for State 
and institutional financial aid and positively impacts the 
college aspirations and plans of these students. 
‘‘(C) To measure the impact of using income informa-
tion from the years prior to enrollment on— 
‘‘(i) eligibility for financial aid under this title and 
for other State and institutional aid; and 
‘‘(ii) the cost of financial aid programs under this 
title. 
‘‘(D) To effectively evaluate the benefits and adverse 
effects of the demonstration program on program costs, 
integrity, distribution, and delivery of financial aid. 
‘‘(2) PROGRAM AUTHORIZED.—Not later than two years after 
the date of enactment of the Higher Education Opportunity 
Act, the Secretary shall implement an early application dem-
onstration program enabling dependent students who wish to 
participate in the program— 
Deadlines. 
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122 STAT. 3280 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) to complete an application under this subsection 
during the academic year that is two years prior to the 
year such students plan to enroll in an institution of higher 
education; and 
‘‘(B) based on the application described in subpara-
graph (A), to obtain, not later than one year prior to the 
year of the students’ planned enrollment, information on 
eligibility for Federal Pell Grants, Federal student loans 
under this title, and State and institutional financial aid 
for the student’s first year of enrollment in the institution 
of higher education. 
‘‘(3) EARLY APPLICATION AND ESTIMATED AWARD.—For all 
dependent students selected for participation in the demonstra-
tion program who submit a completed FAFSA, or, as appro-
priate, an EZ FAFSA, two years prior to the year such students 
plan to enroll in an institution of higher education, the Sec-
retary shall, not later than one year prior to the year of such 
planned enrollment— 
‘‘(A) provide each student who completes an early 
application with an estimated determination of such stu-
dent’s— 
‘‘(i) expected family contribution for the first year 
of the student’s enrollment in an institution of higher 
education; and 
‘‘(ii) Federal Pell Grant award for the first such 
year, based on the maximum Federal Pell Grant award 
at the time of application; and 
‘‘(B) remind the students of the need to update the 
students’ information during the calendar year of enroll-
ment using the expedited reapplication process provided 
for in subsection (a)(4)(A). 
‘‘(4) PARTICIPANTS.—The Secretary shall include as partici-
pants in the demonstration program— 
‘‘(A) States selected through the application process 
described in paragraph (5); 
‘‘(B) institutions of higher education within the selected 
States that are interested in participating in the dem-
onstration program, and that can make estimates or 
commitments of institutional student financial aid, as 
appropriate, to students the year before the students’ 
planned enrollment date; and 
‘‘(C) secondary schools within the selected States that 
are interested in participating in the demonstration pro-
gram, and that can commit resources to— 
‘‘(i) advertising the availability of the program; 
‘‘(ii) identifying students who might be interested 
in participating in the program; 
‘‘(iii) encouraging such students to apply; and 
‘‘(iv) participating in the evaluation of the program. 
‘‘(5) APPLICATIONS.—Each State that is interested in partici-
pating in the demonstration program shall submit an applica-
tion to the Secretary at such time, in such form, and containing 
such information as the Secretary shall require. The application 
shall include— 
‘‘(A) information on the amount of the State’s need- 
based student financial assistance available, and the eligi-
bility criteria for receiving such assistance; 
Deadline. 
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122 STAT. 3281 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) a commitment to make, not later than the year 
before the dependent students participating in the dem-
onstration program plan to enroll in an institution of higher 
education, an estimate of the award of State financial 
aid to such dependent students; 
‘‘(C) a plan for recruiting institutions of higher edu-
cation and secondary schools with different demographic 
characteristics to participate in the program; 
‘‘(D) a plan for selecting institutions of higher education 
and secondary schools to participate in the program that— 
‘‘(i) demonstrate a commitment to encouraging stu-
dents to submit a FAFSA, or, as appropriate, an EZ 
FAFSA, two years before the students’ planned date 
of enrollment in an institution of higher education; 
‘‘(ii) serve different populations of students; 
‘‘(iii) in the case of institutions of higher edu-
cation— 
‘‘(I) to the extent possible, are of varying types 
and sectors; and 
‘‘(II) commit to making, not later than the 
year prior to the year that dependent students 
participating in the demonstration program plan 
to enroll in the institution— 
‘‘(aa) estimated institutional awards to 
participating dependent students; and 
‘‘(bb) estimated grants or other financial 
aid available under this title (including supple-
mental grants under subpart 3 of part A), 
for all participating dependent students, along 
with information on State awards, as provided 
to the institution by the State; 
‘‘(E) a commitment to participate in the evaluation 
conducted by the Secretary; and 
‘‘(F) such other information as the Secretary may 
require. 
‘‘(6) SPECIAL PROVISIONS.— 
‘‘(A) DISCRETION OF STUDENT FINANCIAL AID ADMINIS-
TRATORS.—A financial aid administrator at an institution 
of higher education participating in a demonstration pro-
gram under this subsection may use the discretion provided 
under section 479A as necessary for students participating 
in the demonstration program. 
‘‘(B) WAIVERS.—The Secretary is authorized to waive, 
for an institution of higher education participating in the 
demonstration program, any requirements under this title, 
or regulations prescribed under this title, that will make 
the demonstration program unworkable, except that the 
Secretary shall not waive any provisions with respect to 
the maximum award amounts for grants and loans under 
this title. 
‘‘(7) OUTREACH.—The Secretary shall make appropriate 
efforts to notify States of the demonstration program under 
this subsection. Upon determination of participating States, 
the Secretary shall continue to make efforts to notify institu-
tions of higher education and dependent students within partici-
pating States of the opportunity to participate in the demonstra-
tion program and of the participation requirements. 
Notification. 
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122 STAT. 3282 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(8) EVALUATION.—The Secretary shall conduct a rigorous 
evaluation of the demonstration program to measure the pro-
gram’s benefits and adverse effects, as the benefits and effects 
relate to the purpose and objectives of the program described 
in paragraph (1). In conducting the evaluation, the Secretary 
shall— 
‘‘(A) identify whether receiving financial aid estimates 
one year prior to the year in which the student plans 
to enroll in an institution of higher education, has a positive 
impact on the higher education aspirations and plans of 
such student; 
‘‘(B) measure the extent to which using a student’s 
income information from the year that is two years prior 
to the student’s planned enrollment date had an impact 
on the ability of States and institutions of higher education 
to make financial aid awards and commitments; 
‘‘(C) determine what operational changes are required 
to implement the program on a larger scale; 
‘‘(D) identify any changes to Federal law that are nec-
essary to implement the program on a permanent basis; 
‘‘(E) identify the benefits and adverse effects of pro-
viding early estimates on program costs, program oper-
ations, program integrity, award amounts, distribution, and 
delivery of aid; and 
‘‘(F) examine the extent to which estimated awards 
differ from actual awards made to students participating 
in the program. 
‘‘(9) CONSULTATION.—The Secretary shall consult, as appro-
priate, with the Advisory Committee on Student Financial 
Assistance established under section 491 on the design, 
implementation, and evaluation of the demonstration program. 
‘‘(f) REDUCTION OF INCOME AND ASSET INFORMATION TO DETER-
MINE ELIGIBILITY FOR STUDENT FINANCIAL AID.— 
‘‘(1) CONTINUATION
OF
CURRENT
FAFSA
SIMPLIFICATION 
EFFORTS.—The Secretary shall continue to examine— 
‘‘(A) how the Internal Revenue Service can provide 
to the Secretary income and other data needed to compute 
an expected family contribution for taxpayers and depend-
ents of taxpayers, and when in the application cycle the 
data can be made available; 
‘‘(B) whether data provided by the Internal Revenue 
Service can be used to— 
‘‘(i) prepopulate the electronic version of the 
FAFSA with student and parent taxpayer data; or 
‘‘(ii) generate an expected family contribution with-
out additional action on the part of the student and 
taxpayer; and 
‘‘(C) whether the data elements collected on the FAFSA 
that are needed to determine eligibility for student aid, 
or to administer the Federal student financial aid programs 
under this title, but are not needed to compute an expected 
family contribution, such as information regarding the stu-
dent’s citizenship or permanent residency status, registra-
tion for selective service, or driver’s license number, can 
be reduced without adverse effects. 
‘‘(2) REPORT ON FAFSA SIMPLIFICATION EFFORTS TO DATE.— 
Not later than 90 days after the date of enactment of the 
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122 STAT. 3283 
PUBLIC LAW 110–315—AUG. 14, 2008 
Higher Education Opportunity Act, the Secretary shall provide 
a written report to the authorizing committees on the work 
the Department has done with the Secretary of the Treasury 
regarding— 
‘‘(A) how the expected family contribution of a student 
can be calculated using substantially less income and asset 
information than was used on March 31, 2008; 
‘‘(B) the extent to which the reduced income and asset 
information will result in a redistribution of Federal grants 
and subsidized loans under this title, State aid, or institu-
tional aid, or in a change in the composition of the group 
of recipients of such aid, and the amount of such redistribu-
tion; 
‘‘(C) how the alternative approaches for calculating 
the expected family contribution will— 
‘‘(i) rely mainly, in the case of students and parents 
who file income tax returns, on information available 
on the 1040, 1040EZ, and 1040A; and 
‘‘(ii) include formulas for adjusting income or asset 
information to produce similar results to the existing 
approach with less data; 
‘‘(D) how the Internal Revenue Service can provide 
to the Secretary of Education income and other data needed 
to compute an expected family contribution for taxpayers 
and dependents of taxpayers, and when in the application 
cycle the data can be made available; 
‘‘(E) whether data provided by the Internal Revenue 
Service can be used to— 
‘‘(i) prepopulate the electronic version of the 
FAFSA with student and parent taxpayer data; or 
‘‘(ii) generate an expected family contribution with-
out additional action on the part of the student and 
taxpayer; 
‘‘(F) the extent to which the use of income data from 
two years prior to a student’s planned enrollment date 
will change the expected family contribution computed in 
accordance with part F, and potential adjustments to the 
need analysis formula that will minimize the change; and 
‘‘(G) the extent to which the data elements collected 
on the FAFSA on March 31, 2008, that are needed to 
determine eligibility for student aid or to administer the 
Federal student financial aid programs, but are not needed 
to compute an expected family contribution, such as 
information regarding the student’s citizenship or perma-
nent residency status, registration for selective service, or 
driver’s license number, can be reduced without adverse 
effects. 
‘‘(3) STUDY.— 
‘‘(A) FORMATION OF STUDY GROUP.—Not later than 90 
days after the date of enactment of the Higher Education 
Opportunity Act, the Comptroller General shall convene 
a study group the membership of which shall include the 
Secretary of Education, the Secretary of the Treasury, the 
Director of the Office of Management and Budget, the 
Director of the Congressional Budget Office, representa-
tives of institutions of higher education with expertise in 
Federal and State financial aid assistance, State chief 
Deadline. 
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122 STAT. 3284 
PUBLIC LAW 110–315—AUG. 14, 2008 
executive officers of higher education with a demonstrated 
commitment to simplifying the FAFSA, and such other 
individuals as the Comptroller General and the Secretary 
of Education may designate. 
‘‘(B) STUDY REQUIRED.—The Comptroller General, in 
consultation with the study group convened under subpara-
graph (A) shall— 
‘‘(i) review and build on the work of the Secretary 
of Education and the Secretary of the Treasury, and 
individuals with expertise in analysis of financial need, 
to assess alternative approaches for calculating the 
expected family contribution under the statutory need 
analysis formula in effect on the day before the date 
of enactment of the Higher Education Opportunity Act 
and under a new calculation that will use substantially 
less income and asset information than was used for 
the 2008–2009 FAFSA; 
‘‘(ii) conduct an additional analysis if necessary; 
and 
‘‘(iii) make recommendations to the authorizing 
committees. 
‘‘(C) OBJECTIVES OF STUDY.—The objectives of the study 
required under subparagraph (B) are— 
‘‘(i) to determine methods to shorten the FAFSA 
and make the FAFSA easier and less time-consuming 
to complete, thereby increasing higher education access 
for low-income students; 
‘‘(ii) to identify changes to the statutory need anal-
ysis formula that will be necessary to reduce the 
amount of financial information students and families 
need to provide to receive a determination of eligibility 
for student financial aid without causing significant 
redistribution of Federal grants and subsidized loans 
under this title; and 
‘‘(iii) to review State and institutional needs and 
uses for data collected on the FAFSA, and to determine 
the best means of addressing such needs in the case 
of modification of the FAFSA as described in clause 
(i), or modification of the need analysis formula as 
described in clause (ii). 
‘‘(D) REQUIRED
SUBJECTS
OF
STUDY.—The study 
required under subparagraph (B) shall examine— 
‘‘(i) with respect to simplification of the financial 
aid application process using the statutory require-
ments for need analysis— 
‘‘(I) additional steps that can be taken to sim-
plify the financial aid application process for stu-
dents who (or, in the case of dependent students, 
whose parents) are not required to file a Federal 
income tax return for the prior taxable year; 
‘‘(II) information on State use of information 
provided on the FAFSA, including— 
‘‘(aa) whether a State uses, as of the time 
of the study, or can use, a student’s expected 
family contribution based on data from two 
years prior to the student’s planned enroll-
ment date; 
Recommenda- 
tions. 
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122 STAT. 3285 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(bb) the extent to which States and 
institutions will accept the data provided by 
the Internal Revenue Service to prepopulate 
the electronic version of the FAFSA to deter-
mine the distribution of State and institutional 
student financial aid funds; 
‘‘(cc) what data are used by States, as 
of the time of the study, to determine eligi-
bility for State student financial aid, and 
whether the data are used for merit- or need- 
based aid; 
‘‘(dd) whether State data are required by 
State law, State regulations, or policy direc-
tives; and 
‘‘(ee) the extent to which any State-specific 
information requirements can be met by 
completion of a State application linked to the 
electronic version of the FAFSA; and 
‘‘(III) information on institutional needs, 
including the extent to which institutions of higher 
education are already using supplemental forms 
to collect additional data from students and their 
families to determine eligibility for institutional 
funds; and 
‘‘(ii) ways to reduce the amount of financial 
information students and families need to provide to 
receive a determination of eligibility for student finan-
cial aid, taking into account— 
‘‘(I) the amount of redistribution of Federal 
grants and subsidized loans under this title caused 
by such a reduction, and the benefits to be gained 
by having an application process that will be easier 
for students and their families; 
‘‘(II) students and families who do not file 
income tax returns; 
‘‘(III) the extent to which the full array of 
income and asset information collected on the 
FAFSA, as of the time of the study, plays an 
important role in the awarding of need-based State 
financial aid, and whether the State can use an 
expected family contribution generated by the 
FAFSA, instead of income and asset information 
or a calculation with reduced data elements, to 
support determinations of eligibility for such State 
aid programs and, if not, what additional informa-
tion will be needed or what changes to the FAFSA 
will be required; and 
‘‘(IV) 
information 
on 
institutional 
needs, 
including the extent to which institutions of higher 
education are already using supplemental forms 
to collect additional data from students and their 
families to determine eligibility for institutional 
funds; and 
‘‘(V) changes to this Act or other laws that 
will be required to implement a modified need 
analysis system. 
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122 STAT. 3286 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) CONSULTATION.—The Secretary shall consult with the 
Advisory Committee on Student Financial Assistance estab-
lished under section 491 as appropriate in carrying out this 
subsection. 
‘‘(5) REPORTS.— 
‘‘(A) REPORTS ON STUDY.—The Secretary shall prepare 
and submit to the authorizing committees— 
‘‘(i) not later than one year after the date of enact-
ment of the Higher Education Opportunity Act, an 
interim report on the progress of the study required 
under paragraph (3) that includes any preliminary rec-
ommendations by the study group established under 
such paragraph; and 
‘‘(ii) not later than two years after the date of 
enactment of the Higher Education Opportunity Act, 
a final report on the results of the study required 
under paragraph (3) that includes recommendations 
by the study group established under such paragraph. 
‘‘(B) REPORTS ON FAFSA SIMPLIFICATION EFFORTS.—The 
Secretary shall report to the authorizing committees, from 
time to time, on the progress of the simplification efforts 
under this subsection. 
‘‘(g) ADDRESSING THE DIGITAL DIVIDE.—The Secretary shall uti-
lize savings accrued by moving more applicants to the electronic 
version of the forms described in subsection (a)(3) to improve access 
to the electronic version of the forms described in such subsection 
for applicants meeting the requirements of subsection (b) or (c) 
of section 479. 
‘‘(h) ADJUSTMENTS.—The Secretary shall disclose, on the form 
notifying a student of the student’s expected family contribution, 
that the student may, on a case-by-case basis, qualify for an adjust-
ment under section 479A to the cost of attendance or the values 
of the data items required to calculate the expected contribution 
for the student or parent. Such disclosure shall specify— 
‘‘(1) the special circumstances under which a student or 
family member may qualify for such adjustment; and 
‘‘(2) additional information regarding the steps a student 
or family member may take in order to seek an adjustment 
under section 479A.’’. 
SEC. 484. MODEL INSTITUTION FINANCIAL AID OFFER FORM. 
(a) MODEL FORMAT.—The Secretary of Education shall— 
(1) not later than six months after the date of enactment 
of the Higher Education Opportunity Act, convene a group 
of students, families of students, secondary school guidance 
counselors, representatives of institutions of higher education 
(including financial aid administrators, registrars, and business 
officers), and nonprofit consumer groups for the purpose of 
offering recommendations for improvements that— 
(A) can be made to financial aid offer forms; and 
(B) include the information described in subsection 
(b); 
(2) develop a model format for financial aid offer forms 
based on the recommendations of the group; and 
(3) not later than one year after the date of enactment 
of the Higher Education Opportunity Act— 
Recommenda- 
tions. 
Deadlines. 
20 USC 1092 
note. 
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122 STAT. 3287 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) submit recommendations to the authorizing 
committees (as defined in section 103 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1003); and 
(B) make the recommendations and model format 
widely available. 
(b) CONTENTS.—The recommendations developed under sub-
section (a) for model financial aid offer forms shall include, in 
a consumer-friendly manner that is simple and understandable, 
the following: 
(1) Information on the student’s cost of attendance, 
including the following: 
(A) Tuition and fees. 
(B) Room and board costs. 
(C) Books and supplies. 
(D) Transportation. 
(2) The amount of financial aid that the student does 
not have to repay, such as scholarships, grants, and work- 
study assistance, offered to the student for such year, and 
the conditions of such financial aid. 
(3) The types and amounts of loans under part B, D, 
or E of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.) for which 
the student is eligible for such year, and the applicable terms 
and conditions of such loans. 
(4) The net amount that the student, or the student’s 
family on behalf of the student, will have to pay for the student 
to attend the institution for such year, equal to— 
(A) the cost of attendance for the student for such 
year; minus 
(B) the amount of financial aid described in paragraphs 
(2) and (3) that is offered in the financial aid offer form. 
(5) Where a student or the student’s family can seek addi-
tional information regarding the financial aid offered. 
(6) Any other information the Secretary of Education deter-
mines necessary so that students and parents can make 
informed student loan borrowing decisions. 
SEC. 485. STUDENT ELIGIBILITY. 
(a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is amended— 
(1) in subsection (a)— 
(A) in paragraph (4)(B), by striking ‘‘number,’’ and 
all that follows through the semicolon and inserting 
‘‘number;’’; and 
(B) in paragraph (5)— 
(i) by inserting ‘‘or’’ after ‘‘a permanent resident 
of the United States,’’; and 
(ii) by striking ‘‘citizen or permanent resident’’ and 
all that follows through the semicolon and inserting 
‘‘citizen or permanent resident;’’; 
(2) in subsection (b)(1), by inserting ‘‘, or under section 
428H pursuant to an exercise of discretion under section 479A’’ 
after ‘‘428C’’; 
(3) in subsection (d), by adding at the end the following: 
‘‘(4) The student shall be determined by the institution 
of higher education as having the ability to benefit from the 
education or training offered by the institution of higher edu-
cation upon satisfactory completion of six credit hours or the 
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122 STAT. 3288 
PUBLIC LAW 110–315—AUG. 14, 2008 
equivalent coursework that are applicable toward a degree or 
certificate offered by the institution of higher education.’’; 
(4) by striking subsection (j); 
(5) by striking subsection (l) and inserting the following: 
‘‘(l) COURSES OFFERED THROUGH DISTANCE EDUCATION.— 
‘‘(1) RELATION TO CORRESPONDENCE COURSES.— 
‘‘(A) IN GENERAL.—A student enrolled in a course of 
instruction at an institution of higher education that is 
offered principally through distance education and leads 
to a recognized certificate, or recognized associate, recog-
nized baccalaureate, or recognized graduate degree, con-
ferred by such institution, shall not be considered to be 
enrolled in correspondence courses. 
‘‘(B) EXCEPTION.—An institution of higher education 
referred to in subparagraph (A) shall not include an institu-
tion or school described in section 3(3)(C) of the Carl D. 
Perkins Career and Technical Education Act of 2006. 
‘‘(2) REDUCTIONS OF FINANCIAL AID.—A student’s eligibility 
to receive grants, loans, or work assistance under this title 
shall be reduced if a financial aid officer determines under 
the discretionary authority provided in section 479A that dis-
tance education results in a substantially reduced cost of 
attendance to such student. 
‘‘(3) SPECIAL RULE.—For award years beginning prior to 
July 1, 2008, the Secretary shall not take any compliance, 
disallowance, penalty, or other action based on a violation of 
this subsection against a student or an eligible institution when 
such action arises out of such institution’s prior award of stu-
dent assistance under this title if the institution demonstrates 
to the satisfaction of the Secretary that its course of instruction 
would have been in conformance with the requirements of 
this subsection.’’; 
(6) by striking subsection (q) and inserting the following: 
‘‘(q) USE OF INCOME DATA.— 
‘‘(1) MATCHING WITH IRS.—The Secretary, in cooperation 
with the Secretary of the Treasury, is authorized to obtain 
from the Internal Revenue Service such information reported 
on Federal income tax returns by applicants, or by any other 
person whose financial information is required to be provided 
on the Federal student financial aid application, as the Sec-
retary determines is necessary for the purpose of— 
‘‘(A) prepopulating the Federal student financial aid 
application described in section 483; or 
‘‘(B) verifying the information reported on such student 
financial aid applications. 
‘‘(2) CONSENT.—The Secretary may require that applicants 
for financial assistance under this title provide a consent to 
the disclosure of the data described in paragraph (1) as a 
condition of the student receiving assistance under this title. 
The parents of an applicant, in the case of a dependent student, 
or the spouse of an applicant, in the case of an applicant 
who is married but files separately, may also be required to 
provide consent as a condition of the student receiving assist-
ance under this title.’’; 
(7) in subsection (r)(2)— 
(A) in subparagraph (A), by striking ‘‘or’’ at the end 
of clause (ii); 
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122 STAT. 3289 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) by redesignating subparagraph (B) as subpara-
graph (C); and 
(C) by inserting after subparagraph (A) the following 
new subparagraph: 
‘‘(B) the student successfully passes two unannounced 
drug tests conducted by a drug rehabilitation program that 
complies with such criteria as the Secretary shall prescribe 
in regulations for purposes of subparagraph (A)(i); or’’; 
(8) by adding at the end the following: 
‘‘(s) STUDENTS WITH INTELLECTUAL DISABILITIES.— 
‘‘(1) DEFINITIONS.—In this subsection the terms ‘com-
prehensive transition and postsecondary program for students 
with intellectual disabilities’ and ‘student with an intellectual 
disability’ have the meanings given the terms in section 760. 
‘‘(2) REQUIREMENTS.—Notwithstanding subsections (a), (c), 
and (d), in order to receive any grant or work assistance under 
section 401, subpart 3 of part A, or part C, a student with 
an intellectual disability shall— 
‘‘(A) be enrolled or accepted for enrollment in a com-
prehensive transition and postsecondary program for stu-
dents with intellectual disabilities at an institution of 
higher education; 
‘‘(B) be maintaining satisfactory progress in the pro-
gram as determined by the institution, in accordance with 
standards established by the institution; and 
‘‘(C) meet the requirements of paragraphs (3), (4), (5), 
and (6) of subsection (a). 
‘‘(3) AUTHORITY.—Notwithstanding any other provision of 
law unless such provision is enacted with specific reference 
to this section, the Secretary is authorized to waive any statu-
tory provision applicable to the student financial assistance 
programs under section 401, subpart 3 of part A, or part C 
(other than a provision of part F related to such a program), 
or any institutional eligibility provisions of this title, as the 
Secretary determines necessary to ensure that programs 
enrolling students with intellectual disabilities otherwise deter-
mined to be eligible under this subsection may receive such 
financial assistance. 
‘‘(4) 
REGULATIONS.—Notwithstanding 
regulations 
applicable to grant or work assistance awards made under 
section 401, subpart 3 of part A, and part C (other than a 
regulation under part F related to such an award), including 
with respect to eligible programs, instructional time, credit 
status, and enrollment status as described in section 481, the 
Secretary shall promulgate regulations allowing programs 
enrolling students with intellectual disabilities otherwise deter-
mined to be eligible under this subsection to receive such 
awards.’’; and 
(9) by adding after subsection (s) (as added by paragraph 
(7)) the following: 
‘‘(t) DATA ANALYSIS ON ACCESS TO FEDERAL STUDENT AID FOR 
CERTAIN POPULATIONS.— 
‘‘(1) DEVELOPMENT OF THE SYSTEM.—Within one year of 
enactment of the Higher Education Opportunity Act, the Sec-
retary shall analyze data from the FAFSA containing informa-
tion regarding the number, characteristics, and circumstances 
Deadline. 
Waiver authority. 
Criteria. 
Regulations. 
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122 STAT. 3290 
PUBLIC LAW 110–315—AUG. 14, 2008 
of students denied Federal student aid based on a drug convic-
tion while receiving Federal aid. 
‘‘(2) RESULTS FROM ANALYSIS.—The results from the anal-
ysis of such information shall be made available on a continuous 
basis via the Department website and the Digest of Education 
Statistics. 
‘‘(3) DATA UPDATING.—The data analyzed under this sub-
section shall be updated at the beginning of each award year 
and at least one additional time during such award year. 
‘‘(4) REPORT TO CONGRESS.—The Secretary shall prepare 
and submit to the authorizing committees, in each fiscal year, 
a report describing the results obtained by the establishment 
and operation of the data system authorized by this sub-
section.’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on July 1, 2010, except that the amendments 
made by paragraphs (3), (4), and (8) of such subsection shall take 
effect on the date of enactment of this Act. 
SEC. 486. STATUTE OF LIMITATIONS AND STATE COURT JUDGMENTS. 
Section 484A (20 U.S.C. 1091a) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘and’’ after the semi-
colon; 
(B) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) in collecting any obligation arising from a loan made 
under part E, an institution of higher education that has an 
agreement with the Secretary pursuant to section 463(a) shall 
not be subject to a defense raised by any borrower based 
on a claim of infancy.’’; and 
(2) by adding at the end the following: 
‘‘(d) SPECIAL RULE.—This section shall not apply in the case 
of a student who is deceased, or to a deceased student’s estate 
or the estate of such student’s family. If a student is deceased, 
then the student’s estate or the estate of the student’s family 
shall not be required to repay any financial assistance under this 
title, including interest paid on the student’s behalf, collection costs, 
or other charges specified in this title.’’. 
SEC. 487. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by 
inserting after section 484B the following: 
‘‘SEC. 484C. READMISSION REQUIREMENTS FOR SERVICEMEMBERS. 
‘‘(a) DEFINITION OF SERVICE IN THE UNIFORMED SERVICES.— 
In this section, the term ‘service in the uniformed services’ means 
service (whether voluntary or involuntary) on active duty in the 
Armed Forces, including such service by a member of the National 
Guard or Reserve, for a period of more than 30 days under a 
call or order to active duty of more than 30 days. 
‘‘(b) DISCRIMINATION AGAINST STUDENTS WHO SERVE IN THE 
UNIFORMED SERVICES PROHIBITED.—A person who is a member 
of, applies to be a member of, performs, has performed, applies 
to perform, or has an obligation to perform, service in the uniformed 
services shall not be denied readmission to an institution of higher 
20 USC 1091c. 
20 USC 1091 
note. 
Web site. 
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122 STAT. 3291 
PUBLIC LAW 110–315—AUG. 14, 2008 
education on the basis of that membership, application for member-
ship, performance of service, application for service, or obligation. 
‘‘(c) READMISSION PROCEDURES.— 
‘‘(1) IN
GENERAL.—Any student whose absence from an 
institution of higher education is necessitated by reason of 
service in the uniformed services shall be entitled to readmis-
sion to the institution of higher education if— 
‘‘(A) the student (or an appropriate officer of the Armed 
Forces or official of the Department of Defense) gives 
advance written or verbal notice of such service to the 
appropriate official at the institution of higher education; 
‘‘(B) the cumulative length of the absence and of all 
previous absences from that institution of higher education 
by reason of service in the uniformed services does not 
exceed five years; and 
‘‘(C) except as otherwise provided in this section, the 
student submits a notification of intent to reenroll in the 
institution of higher education in accordance with the provi-
sions of paragraph (4). 
‘‘(2) EXCEPTIONS.— 
‘‘(A) MILITARY NECESSITY.—No notice is required under 
paragraph (1)(A) if the giving of such notice is precluded 
by military necessity, such as— 
‘‘(i) a mission, operation, exercise, or requirement 
that is classified; or 
‘‘(ii) a pending or ongoing mission, operation, exer-
cise, or requirement that may be compromised or other-
wise adversely affected by public knowledge. 
‘‘(B) FAILURE TO GIVE ADVANCE NOTICE.—Any student 
(or an appropriate officer of the Armed Forces or official 
of the Department of Defense) who did not give advance 
written or verbal notice of service to the appropriate official 
at the institution of higher education in accordance with 
paragraph (1)(A) may meet the notice requirement by 
submitting, at the time the student seeks readmission, 
an attestation to the student’s institution of higher edu-
cation that the student performed service in the uniformed 
services that necessitated the student’s absence from the 
institution of higher education. 
‘‘(3) APPLICABILITY.—This section shall apply to a student 
who is absent from an institution of higher education by reason 
of service in the uniformed services if such student’s cumulative 
period of service in the Armed Forces (including the National 
Guard or Reserve), with respect to the institution of higher 
education for which a student seeks readmission, does not 
exceed five years, except that any such period of service shall 
not include any service— 
‘‘(A) that is required, beyond five years, to complete 
an initial period of obligated service; 
‘‘(B) during which such student was unable to obtain 
orders releasing such student from a period of service in 
the uniformed services before the expiration of such five- 
year period and such inability was through no fault of 
such student; or 
‘‘(C) performed by a member of the Armed Forces 
(including the National Guard and Reserves) who is— 
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122 STAT. 3292 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) ordered to or retained on active duty under 
section 688, 12301(a), 12301(g), 12302, 12304, or 12305 
of title 10, United States Code, or under section 331, 
332, 359, 360, 367, or 712 of title 14, United States 
Code; 
‘‘(ii) ordered to or retained on active duty (other 
than for training) under any provision of law because 
of a war or national emergency declared by the Presi-
dent or the Congress, as determined by the Secretary 
concerned; 
‘‘(iii) ordered to active duty (other than for 
training) in support, as determined by the Secretary 
concerned, of an operational mission for which per-
sonnel have been ordered to active duty under section 
12304 of title 10, United States Code; 
‘‘(iv) ordered to active duty in support, as deter-
mined by the Secretary concerned, of a critical mission 
or requirement of the Armed Forces (including the 
National Guard or Reserve); or 
‘‘(v) called into Federal service as a member of 
the National Guard under chapter 15 of title 10, United 
States Code, or section 12406 of title 10, United States 
Code. 
‘‘(4) NOTIFICATION OF INTENT TO RETURN.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), a student referred to in subsection (a) shall, upon 
the completion of a period of service in the uniformed 
services, notify the institution of higher education of the 
student’s intent to return to the institution not later than 
three years after the completion of the period of service. 
‘‘(B) HOSPITALIZATION OR CONVALESCENCE.—A student 
who is hospitalized for or convalescing from an illness 
or injury incurred in or aggravated during the performance 
of service in the uniformed services shall notify the institu-
tion of higher education of the student’s intent to return 
to the institution not later than two years after the end 
of the period that is necessary for recovery from such 
illness or injury. 
‘‘(C) SPECIAL RULE.—A student who fails to apply for 
readmission within the period described in this section 
shall not automatically forfeit such eligibility for readmis-
sion to the institution of higher education, but shall be 
subject to the institution of higher education’s established 
leave of absence policy and general practices. 
‘‘(5) DOCUMENTATION.— 
‘‘(A) IN GENERAL.—A student who submits an applica-
tion for readmission to an institution of higher education 
under this section shall provide to the institution of higher 
education documentation to establish that— 
‘‘(i) the student has not exceeded the service limita-
tions established under this section; and 
‘‘(ii) the student’s eligibility for readmission has 
not been terminated due to an exception in subsection 
(d). 
‘‘(B) 
PROHIBITED
DOCUMENTATION
DEMANDS.—An 
institution of higher education may not delay or attempt 
to avoid a readmission of a student under this section 
Deadlines. 
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122 STAT. 3293 
PUBLIC LAW 110–315—AUG. 14, 2008 
by demanding documentation that does not exist, or is 
not readily available, at the time of readmission. 
‘‘(6) NO CHANGE IN ACADEMIC STATUS.—A student who is 
readmitted to an institution of higher education under this 
section shall be readmitted with the same academic status 
as such student had when such student last attended the 
institution of higher education. 
‘‘(d) EXCEPTION FROM READMISSION ELIGIBILITY.—A student’s 
eligibility for readmission to an institution of higher education 
under this section by reason of such student’s service in the uni-
formed services terminates upon the occurrence of any of the fol-
lowing events: 
‘‘(1) A separation of such person from the Armed Forces 
(including the National Guard and Reserves) with a dishonor-
able or bad conduct discharge. 
‘‘(2) A dismissal of such person permitted under section 
1161(a) of title 10, United States Code. 
‘‘(3) A dropping of such person from the rolls pursuant 
to section 1161(b) of title 10, United States Code.’’. 
SEC. 488. INSTITUTIONAL AND FINANCIAL ASSISTANCE INFORMATION 
FOR STUDENTS. 
(a) INFORMATION DISSEMINATION ACTIVITIES.—Section 485(a) 
(20 U.S.C. 1092(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (G)— 
(i) by striking ‘‘program, and’’ and inserting ‘‘pro-
gram,’’; and 
(ii) by inserting ‘‘, and (iv) any plans by the institu-
tion for improving the academic program of the institu-
tion’’ after ‘‘instructional personnel’’; and 
(B) by striking subparagraph (M) and inserting the 
following: 
‘‘(M) the terms and conditions of the loans that stu-
dents receive under parts B, D, and E;’’; 
(C) in subparagraph (N), by striking ‘‘and’’ after the 
semicolon; 
(D) in subparagraph (O), by striking the period and 
inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(P) institutional policies and sanctions related to copy-
right infringement, including— 
‘‘(i) an annual disclosure that explicitly informs 
students that unauthorized distribution of copyrighted 
material, including unauthorized peer-to-peer file 
sharing, may subject the students to civil and criminal 
liabilities; 
‘‘(ii) a summary of the penalties for violation of 
Federal copyright laws; and 
‘‘(iii) a description of the institution’s policies with 
respect to unauthorized peer-to-peer file sharing, 
including disciplinary actions that are taken against 
students who engage in unauthorized distribution of 
copyrighted materials using the institution’s informa-
tion technology system; 
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122 STAT. 3294 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(Q) student body diversity at the institution, including 
information on the percentage of enrolled, full-time stu-
dents who— 
‘‘(i) are male; 
‘‘(ii) are female; 
‘‘(iii) receive a Federal Pell Grant; and 
‘‘(iv) are a self-identified member of a major racial 
or ethnic group; 
‘‘(R) the placement in employment of, and types of 
employment obtained by, graduates of the institution’s 
degree or certificate programs, gathered from such sources 
as alumni surveys, student satisfaction surveys, the 
National Survey of Student Engagement, the Community 
College Survey of Student Engagement, State data systems, 
or other relevant sources; 
‘‘(S) the types of graduate and professional education 
in which graduates of the institution’s four-year degree 
programs enrolled, gathered from such sources as alumni 
surveys, student satisfaction surveys, the National Survey 
of Student Engagement, State data systems, or other rel-
evant sources; 
‘‘(T) the fire safety report prepared by the institution 
pursuant to subsection (i); 
‘‘(U) the retention rate of certificate- or degree-seeking, 
first-time, full-time, undergraduate students entering such 
institution; and 
‘‘(V) institutional policies regarding vaccinations.’’; and 
(2) by striking paragraph (4) and inserting the following: 
‘‘(4) For purposes of this section, institutions may— 
‘‘(A) exclude from the information disclosed in accord-
ance with subparagraph (L) of paragraph (1) the completion 
or graduation rates of students who leave school to serve 
in the Armed Forces, on official church missions, or with 
a recognized foreign aid service of the Federal Government; 
or 
‘‘(B) in cases where the students described in subpara-
graph (A) represent 20 percent or more of the certificate- 
or degree-seeking, full-time, undergraduate students at the 
institution, recalculate the completion or graduation rates 
of such students by excluding from the calculation described 
in paragraph (3) the time period such students were not 
enrolled due to their service in the Armed Forces, on official 
church missions, or with a recognized foreign aid service 
of the Federal Government.’’; and 
(3) by adding at the end the following: 
‘‘(7)(A)(i) Subject to clause (ii), the information dissemi-
nated under paragraph (1)(L), or reported under subsection 
(e), shall be disaggregated by gender, by each major racial 
and ethnic subgroup, by recipients of a Federal Pell Grant, 
by recipients of a loan made under part B or D (other than 
a loan made under section 428H or a Federal Direct Unsub-
sidized Stafford Loan) who did not receive a Federal Pell Grant, 
and by recipients of neither a Federal Pell Grant nor a loan 
made under part B or D (other than a loan made under section 
428H or a Federal Direct Unsubsidized Stafford Loan), if the 
number of students in such subgroup or with such status is 
sufficient to yield statistically reliable information and 
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122 STAT. 3295 
PUBLIC LAW 110–315—AUG. 14, 2008 
reporting will not reveal personally identifiable information 
about an individual student. If such number is not sufficient 
for such purposes, then the institution shall note that the 
institution enrolled too few of such students to so disclose 
or report with confidence and confidentiality. 
‘‘(ii) The requirements of clause (i) shall not apply to two- 
year, degree-granting institutions of higher education until aca-
demic year 2011-2012. 
‘‘(B)(i) In order to assist two-year degree-granting institu-
tions of higher education in meeting the requirements of para-
graph (1)(L) and subsection (e), the Secretary, in consultation 
with the Commissioner for Education Statistics, shall, not later 
than 90 days after the date of enactment of the Higher Edu-
cation Opportunity Act, convene a group of representatives 
from diverse institutions of higher education, experts in the 
field of higher education policy, state higher education officials, 
students, and other stakeholders in the higher education 
community, to develop recommendations regarding the accurate 
calculation and reporting of the information required to be 
disseminated or reported under paragraph (1)(L) and subsection 
(e) by two-year, degree-granting institutions of higher edu-
cation. In developing such recommendations, the group of rep-
resentatives shall consider the mission and role of two-year 
degree-granting institutions of higher education, and may rec-
ommend additional or alternative measures of student success 
for such institutions in light of the mission and role of such 
institutions. 
‘‘(ii) The Secretary shall widely disseminate the rec-
ommendations required under this subparagraph to two-year, 
degree-granting institutions of higher education, the public, 
and the authorizing committees not later than 18 months after 
the first meeting of the group of representatives convened under 
clause (i). 
‘‘(iii) The Secretary shall use the recommendations from 
the group of representatives convened under clause (i) to pro-
vide technical assistance to two-year, degree-granting institu-
tions of higher education in meeting the requirements of para-
graph (1)(L) and subsection (e). 
‘‘(iv) The Secretary may modify the information required 
to be disseminated or reported under paragraph (1)(L) or sub-
section (e) by a two-year, degree-granting institution of higher— 
‘‘(I) based on the recommendations received under this 
subparagraph from the group of representatives convened 
under clause (i); 
‘‘(II) to include additional or alternative measures of 
student success if the goals of the provisions of paragraph 
(1)(L) and subsection (e) can be met through additional 
means or comparable alternatives; and 
‘‘(III) during the period beginning on the date of enact-
ment of the Higher Education Opportunity Act, and ending 
on June 30, 2011.’’. 
(b) EXIT COUNSELING.—Subsection (b)(1)(A) of section 485 (20 
U.S.C. 1092(b)(1)(A)) is amended to read as follows: 
‘‘(b) EXIT COUNSELING FOR BORROWERS.—(1)(A) Each eligible 
institution shall, through financial aid offices or otherwise, provide 
counseling to borrowers of loans that are made, insured, or guaran-
teed under part B (other than loans made pursuant to section 
Time period. 
Deadline. 
Deadline. 
Recommenda- 
tions. 
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122 STAT. 3296 
PUBLIC LAW 110–315—AUG. 14, 2008 
428C or loans under section 428B made on behalf of a student) 
or made under part D (other than Federal Direct Consolidation 
Loans or Federal Direct PLUS Loans made on behalf of a student) 
or made under part E of this title prior to the completion of 
the course of study for which the borrower enrolled at the institution 
or at the time of departure from such institution. The counseling 
required by this subsection shall include— 
‘‘(i) information on the repayment plans available, including 
a description of the different features of each plan and sample 
information showing the average anticipated monthly pay-
ments, and the difference in interest paid and total payments, 
under each plan; 
‘‘(ii) debt management strategies that are designed to facili-
tate the repayment of such indebtedness; 
‘‘(iii) an explanation that the borrower has the options 
to prepay each loan, pay each loan on a shorter schedule, 
and change repayment plans; 
‘‘(iv) for any loan forgiveness or cancellation provision of 
this title, a general description of the terms and conditions 
under which the borrower may obtain full or partial forgiveness 
or cancellation of the principal and interest, and a copy of 
the information provided by the Secretary under section 485(d); 
‘‘(v) for any forbearance provision of this title, a general 
description of the terms and conditions under which the bor-
rower may defer repayment of principal or interest or be 
granted forbearance, and a copy of the information provided 
by the Secretary under section 485(d); 
‘‘(vi) the consequences of defaulting on a loan, including 
adverse credit reports, delinquent debt collection procedures 
under Federal law, and litigation; 
‘‘(vii) information on the effects of using a consolidation 
loan under section 428C or a Federal Direct Consolidation 
Loan to discharge the borrower’s loans under parts B, D, and 
E, including at a minimum— 
‘‘(I) the effects of consolidation on total interest to 
be paid, fees to be paid, and length of repayment; 
‘‘(II) the effects of consolidation on a borrower’s under-
lying loan benefits, including grace periods, loan forgive-
ness, cancellation, and deferment opportunities; 
‘‘(III) the option of the borrower to prepay the loan 
or to change repayment plans; and 
‘‘(IV) that borrower benefit programs may vary among 
different lenders; 
‘‘(viii) a general description of the types of tax benefits 
that may be available to borrowers; and 
‘‘(ix) a notice to borrowers about the availability of the 
National Student Loan Data System and how the system can 
be used by a borrower to obtain information on the status 
of the borrower’s loans; and’’. 
(c) DEPARTMENTAL PUBLICATION OF DESCRIPTIONS OF ASSIST-
ANCE PROGRAMS.—Section 485(d) (20 U.S.C. 1092(d)) is amended— 
(1) in paragraph (1)— 
(A) by inserting after ‘‘under this title.’’ the following: 
‘‘Such information shall also include information on the 
various payment options available for student loans, 
including income-sensitive and income-based repayment 
plans for loans made, insured, or guaranteed under part 
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122 STAT. 3297 
PUBLIC LAW 110–315—AUG. 14, 2008 
B and income-contingent and income-based repayment 
plans for loans made under part D.’’; and 
(B) by inserting after ‘‘tax-exempt organization.’’ the 
following: ‘‘The Secretary shall also provide information 
on loan forbearance, including the increase in debt that 
results from capitalization of interest.’’; and 
(2) by adding at the end the following: 
‘‘(4) The Secretary shall widely publicize the location of the 
information described in paragraph (1) among the public, eligible 
institutions, and eligible lenders, and promote the use of such 
information by prospective students, enrolled students, families of 
prospective and enrolled students, and borrowers.’’. 
(d) DISCLOSURE
OF
ATHLETICALLY
RELATED
GRADUATION 
RATES.—Section 485(e)(3) (20 U.S.C. 1092(e)(3)) is amended to read 
as follows: 
‘‘(3) For purposes of this subsection, institutions may— 
‘‘(A) exclude from the reporting requirements under 
paragraphs (1) and (2) the completion or graduation rates 
of students and student athletes who leave school to serve 
in the Armed Forces, on official church missions, or with 
a recognized foreign aid service of the Federal Government; 
or 
‘‘(B) in cases where the students described in subpara-
graph (A) represent 20 percent or more of the certificate- 
or degree-seeking, full-time, undergraduate students at the 
institution, calculate the completion or graduation rates 
of such students by excluding from the calculations 
described in paragraph (1) the time period such students 
were not enrolled due to their service in the Armed Forces, 
on official church missions, or with a recognized foreign 
aid service of the Federal Government.’’. 
(e) CRIMINAL OFFENSES REPORTED.—Section 485(f) (20 U.S.C. 
1092(f)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph (A), by 
inserting ‘‘, other than a foreign institution higher edu-
cation,’’ after ‘‘under this title’’; 
(B) in subparagraph (C), by striking clauses (i) and 
(ii) and inserting the following: 
‘‘(i) the law enforcement authority of campus secu-
rity personnel; 
‘‘(ii) the working relationship of campus security 
personnel with State and local law enforcement agen-
cies, including whether the institution has agreements 
with such agencies, such as written memoranda of 
understanding, for the investigation of alleged criminal 
offenses; and 
‘‘(iii) policies which encourage accurate and prompt 
reporting of all crimes to the campus police and the 
appropriate law enforcement agencies.’’; 
(C) in subparagraph (F)(ii)— 
(i) by striking ‘‘clause (i), and’’ and inserting 
‘‘clause (i), of larceny-theft, simple assault, intimida-
tion, and destruction, damage, or vandalism of prop-
erty, and of’’; and 
(ii) by inserting a comma after ‘‘any person’’; and 
Public 
information. 
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122 STAT. 3298 
PUBLIC LAW 110–315—AUG. 14, 2008 
(D) by adding at the end the following new subpara-
graph: 
‘‘(J) A statement of current campus policies regarding 
immediate emergency response and evacuation procedures, 
including the use of electronic and cellular communication 
(if appropriate), which policies shall include procedures 
to— 
‘‘(i) immediately notify the campus community 
upon the confirmation of a significant emergency or 
dangerous situation involving an immediate threat to 
the health or safety of students or staff occurring on 
the campus, as defined in paragraph (6), unless issuing 
a notification will compromise efforts to contain the 
emergency; 
‘‘(ii) publicize emergency response and evacuation 
procedures on an annual basis in a manner designed 
to reach students and staff; and 
‘‘(iii) test emergency response and evacuation 
procedures on an annual basis.’’; 
(2) by redesignating paragraph (15) as paragraph (18); 
and 
(3) by inserting after paragraph (14) the following: 
‘‘(15) The Secretary shall annually report to the authorizing 
committees regarding compliance with this subsection by 
institutions of higher education, including an up-to-date report 
on the Secretary’s monitoring of such compliance. 
‘‘(16) The Secretary may seek the advice and counsel of 
the Attorney General concerning the development, and dissemi-
nation to institutions of higher education, of best practices 
information about campus safety and emergencies. 
‘‘(17) Nothing in this subsection shall be construed to 
permit an institution, or an officer, employee, or agent of an 
institution, participating in any program under this title to 
retaliate, intimidate, threaten, coerce, or otherwise discriminate 
against any individual with respect to the implementation of 
any provision of this subsection.’’. 
(f) REPORT.—Section 485(g)(4) (20 U.S.C. 1092(g)(4)) is 
amended— 
(1) by striking subparagraph (B); 
(2) by redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively; 
(3) in subparagraph (B) (as redesignated by paragraph 
(2)), by striking ‘‘and the report to Congress described in 
subparagraph (B)’’; and 
(4) in subparagraph (C) (as redesignated by paragraph 
(2)), by striking ‘‘the information reported under subparagraph 
(B) and’’. 
(g) ADDITIONAL REQUIREMENTS.—Section 485 (20 U.S.C. 1092) 
is further amended by adding at the end the following new sub-
sections: 
‘‘(h) TRANSFER OF CREDIT POLICIES.— 
‘‘(1) DISCLOSURE.—Each institution of higher education 
participating in any program under this title shall publicly 
disclose, in a readable and comprehensible manner, the transfer 
of credit policies established by the institution which shall 
include a statement of the institution’s current transfer of 
credit policies that includes, at a minimum— 
Deadline. 
Reports. 
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122 STAT. 3299 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) any established criteria the institution uses 
regarding the transfer of credit earned at another institu-
tion of higher education; and 
‘‘(B) a list of institutions of higher education with which 
the institution has established an articulation agreement. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to— 
‘‘(A) authorize the Secretary or the National Advisory 
Committee on Institutional Quality and Integrity to require 
particular policies, procedures, or practices by institutions 
of higher education with respect to transfer of credit; 
‘‘(B) authorize an officer or employee of the Department 
to exercise any direction, supervision, or control over the 
curriculum, program of instruction, administration, or per-
sonnel of any institution of higher education, or over any 
accrediting agency or association; 
‘‘(C) limit the application of the General Education 
Provisions Act; or 
‘‘(D) create any legally enforceable right on the part 
of a student to require an institution of higher education 
to accept a transfer of credit from another institution. 
‘‘(i) DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES.— 
‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STUDENT HOUSING 
REQUIRED.—Each eligible institution participating in any pro-
gram under this title that maintains on-campus student 
housing facilities shall, on an annual basis, publish a fire 
safety report, which shall contain information with respect 
to the campus fire safety practices and standards of that institu-
tion, including— 
‘‘(A) statistics concerning the following in each on- 
campus student housing facility during the most recent 
calendar years for which data are available: 
‘‘(i) the number of fires and the cause of each 
fire; 
‘‘(ii) the number of injuries related to a fire that 
result in treatment at a medical facility; 
‘‘(iii) the number of deaths related to a fire; and 
‘‘(iv) the value of property damage caused by a 
fire; 
‘‘(B) a description of each on-campus student housing 
facility fire safety system, including the fire sprinkler 
system; 
‘‘(C) the number of regular mandatory supervised fire 
drills; 
‘‘(D) policies or rules on portable electrical appliances, 
smoking, and open flames (such as candles), procedures 
for evacuation, and policies regarding fire safety education 
and training programs provided to students, faculty, and 
staff; and 
‘‘(E) plans for future improvements in fire safety, if 
determined necessary by such institution. 
‘‘(2) REPORT TO THE SECRETARY.—Each eligible institution 
participating in any program under this title shall, on an 
annual basis, submit to the Secretary a copy of the statistics 
required to be made available under paragraph (1)(A). 
Publication. 
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122 STAT. 3300 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) CURRENT INFORMATION TO CAMPUS COMMUNITY.—Each 
eligible institution participating in any program under this 
title shall— 
‘‘(A) make, keep, and maintain a log, recording all 
fires in on-campus student housing facilities, including the 
nature, date, time, and general location of each fire; and 
‘‘(B) make annual reports to the campus community 
on such fires. 
‘‘(4) RESPONSIBILITIES OF THE SECRETARY.—The Secretary 
shall— 
‘‘(A) make the statistics submitted under paragraph 
(1)(A) to the Secretary available to the public; and 
‘‘(B) in coordination with nationally recognized fire 
organizations and representatives of institutions of higher 
education, representatives of associations of institutions 
of higher education, and other organizations that represent 
and house a significant number of students— 
‘‘(i) identify exemplary fire safety policies, proce-
dures, programs, and practices, including the installa-
tion, to the technical standards of the National Fire 
Protection Association, of fire detection, prevention, 
and protection technologies in student housing, dor-
mitories, and other buildings; 
‘‘(ii) disseminate the exemplary policies, proce-
dures, programs and practices described in clause (i) 
to the Administrator of the United States Fire Adminis-
tration; 
‘‘(iii) make available to the public information con-
cerning those policies, procedures, programs, and prac-
tices that have proven effective in the reduction of 
fires; and 
‘‘(iv) develop a protocol for institutions to review 
the status of their fire safety systems. 
‘‘(5) RULES OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to— 
‘‘(A) authorize the Secretary to require particular poli-
cies, procedures, programs, or practices by institutions of 
higher education with respect to fire safety, other than 
with respect to the collection, reporting, and dissemination 
of information required by this subsection; 
‘‘(B) affect section 444 of the General Education Provi-
sions Act (the Family Educational Rights and Privacy Act 
of 1974) or the regulations issued under section 264 of 
the Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320d–2 note); 
‘‘(C) create a cause of action against any institution 
of higher education or any employee of such an institution 
for any civil liability; or 
‘‘(D) establish any standard of care. 
‘‘(6) COMPLIANCE REPORT.—The Secretary shall annually 
report to the authorizing committees regarding compliance with 
this subsection by institutions of higher education, including 
an up-to-date report on the Secretary’s monitoring of such 
compliance. 
‘‘(7) EVIDENCE.—Notwithstanding any other provision of 
law, evidence regarding compliance or noncompliance with this 
subsection shall not be admissible as evidence in any proceeding 
Public. 
information. 
Deadline. 
Reports. 
Records. 
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122 STAT. 3301 
PUBLIC LAW 110–315—AUG. 14, 2008 
of any court, agency, board, or other entity, except with respect 
to an action to enforce this subsection. 
‘‘(j) MISSING PERSON PROCEDURES.— 
‘‘(1) OPTION AND PROCEDURES.—Each institution of higher 
education that provides on-campus housing and participates 
in any program under this title shall— 
‘‘(A) establish a missing student notification policy for 
students who reside in on-campus housing that— 
‘‘(i) informs each such student that such student 
has the option to identify an individual to be contacted 
by the institution not later than 24 hours after the 
time that the student is determined missing in accord-
ance with official notification procedures established 
by the institution under subparagraph (B); 
‘‘(ii) provides each such student a means to register 
confidential contact information in the event that the 
student is determined to be missing for a period of 
more than 24 hours; 
‘‘(iii) advises each such student who is under 18 
years of age, and not an emancipated individual, that 
the institution is required to notify a custodial parent 
or guardian not later 24 hours after the time that 
the student is determined to be missing in accordance 
with such procedures; 
‘‘(iv) informs each such residing student that the 
institution will notify the appropriate law enforcement 
agency not later than 24 hours after the time that 
the student is determined missing in accordance with 
such procedures; and 
‘‘(v) requires, if the campus security or law enforce-
ment personnel has been notified and makes a deter-
mination that a student who is the subject of a missing 
person report has been missing for more than 24 hours 
and has not returned to the campus, the institution 
to initiate the emergency contact procedures in accord-
ance with the student’s designation; and 
‘‘(B) establish official notification procedures for a 
missing student who resides in on-campus housing that— 
‘‘(i) includes procedures for official notification of 
appropriate individuals at the institution that such 
student has been missing for more than 24 hours; 
‘‘(ii) requires any official missing person report 
relating to such student be referred immediately to 
the institution’s police or campus security department; 
and 
‘‘(iii) if, on investigation of the official report, such 
department determines that the missing student has 
been missing for more than 24 hours, requires— 
‘‘(I) such department to contact the individual 
identified by such student under subparagraph 
(A)(i); 
‘‘(II) if such student is under 18 years of age, 
and not an emancipated individual, the institution 
to immediately contact the custodial parent or 
legal guardian of such student; and 
Notification. 
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122 STAT. 3302 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(III) if subclauses (I) or (II) do not apply 
to a student determined to be a missing person, 
inform the appropriate law enforcement agency. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed— 
‘‘(A) to provide a private right of action to any person 
to enforce any provision of this subsection; or 
‘‘(B) to create a cause of action against any institution 
of higher education or any employee of the institution 
for any civil liability. 
‘‘(k) NOTICE TO STUDENTS CONCERNING PENALTIES FOR DRUG 
VIOLATIONS.— 
‘‘(1) NOTICE UPON ENROLLMENT.—Each institution of higher 
education shall provide to each student, upon enrollment, a 
separate, clear, and conspicuous written notice that advises 
the student of the penalties under section 484(r). 
‘‘(2) NOTICE
AFTER
LOSS
OF
ELIGIBILITY.—An institution 
of higher education shall provide in a timely manner to each 
student who has lost eligibility for any grant, loan, or work- 
study assistance under this title as a result of the penalties 
listed under 484(r)(1) a separate, clear, and conspicuous written 
notice that notifies the student of the loss of eligibility and 
advises the student of the ways in which the student can 
regain eligibility under section 484(r)(2). 
‘‘(l) ENTRANCE COUNSELING FOR BORROWERS.— 
‘‘(1) DISCLOSURE REQUIRED PRIOR TO DISBURSEMENT.— 
‘‘(A) IN GENERAL.—Each eligible institution shall, at 
or prior to the time of a disbursement to a first-time 
borrower of a loan made, insured, or guaranteed under 
part B (other than a loan made pursuant to section 428C 
or a loan made on behalf of a student pursuant to section 
428B) or made under part D (other than a Federal Direct 
Consolidation Loan or a Federal Direct PLUS loan made 
on behalf of a student), ensure that the borrower receives 
comprehensive information on the terms and conditions 
of the loan and of the responsibilities the borrower has 
with respect to such loan in accordance with subparagraph 
(B). Such information— 
‘‘(i) shall be provided in a simple and understand-
able manner; and 
‘‘(ii) may be provided— 
‘‘(I) during an entrance counseling session 
conduction in person; 
‘‘(II) on a separate written form provided to 
the borrower that the borrower signs and returns 
to the institution; or 
‘‘(III) online, with the borrower acknowledging 
receipt of the information. 
‘‘(B) USE OF INTERACTIVE PROGRAMS.—The Secretary 
shall encourage institutions to carry out the requirements 
of subparagraph (A) through the use of interactive pro-
grams that test the borrower’s understanding of the terms 
and conditions of the borrower’s loans under part B or 
D, using simple and understandable language and clear 
formatting. 
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122 STAT. 3303 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) INFORMATION TO BE PROVIDED.—The information to 
be provided to the borrower under paragraph (1)(A) shall 
include the following: 
‘‘(A) To the extent practicable, the effect of accepting 
the loan to be disbursed on the eligibility of the borrower 
for other forms of student financial assistance. 
‘‘(B) An explanation of the use of the master promissory 
note. 
‘‘(C) Information on how interest accrues and is capital-
ized during periods when the interest is not paid by either 
the borrower or the Secretary. 
‘‘(D) In the case of a loan made under section 428B 
or 428H, a Federal Direct PLUS Loan, or a Federal Direct 
Unsubsidized Stafford Loan, the option of the borrower 
to pay the interest while the borrower is in school. 
‘‘(E) The definition of half-time enrollment at the 
institution, during regular terms and summer school, if 
applicable, and the consequences of not maintaining half- 
time enrollment. 
‘‘(F) An explanation of the importance of contacting 
the appropriate offices at the institution of higher education 
if the borrower withdraws prior to completing the bor-
rower’s program of study so that the institution can provide 
exit counseling, including information regarding the bor-
rower’s repayment options and loan consolidation. 
‘‘(G) Sample monthly repayment amounts based on— 
‘‘(i) a range of levels of indebtedness of— 
‘‘(I) borrowers of loans under section 428 or 
428H; and 
‘‘(II) as appropriate, graduate borrowers of 
loans under section 428, 428B, or 428H; or 
‘‘(ii) the average cumulative indebtedness of other 
borrowers in the same program as the borrower at 
the same institution. 
‘‘(H) The obligation of the borrower to repay the full 
amount of the loan, regardless of whether the borrower 
completes or does not complete the program in which the 
borrower is enrolled within the regular time for program 
completion. 
‘‘(I) The likely consequences of default on the loan, 
including adverse credit reports, delinquent debt collection 
procedures under Federal law, and litigation. 
‘‘(J) Information on the National Student Loan Data 
System and how the borrower can access the borrower’s 
records. 
‘‘(K) The name of and contact information for the indi-
vidual the borrower may contact if the borrower has any 
questions about the borrower’s rights and responsibilities 
or the terms and conditions of the loan.’’. 
SEC. 489. NATIONAL STUDENT LOAN DATA SYSTEM. 
Section 485B (20 U.S.C. 1092b) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (6) through (10) as 
paragraphs (7) through (11), respectively; 
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122 STAT. 3304 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) in paragraph (5) (as added by Public Law 101– 
610), by striking ‘‘effectiveness.’’ and inserting ‘‘effective-
ness;’’; and 
(C) by redesignating paragraph (5) (as added by Public 
Law 101–234) as paragraph (6); 
(2) by redesignating subsections (d) through (g) as sub-
sections (e) through (h), respectively; and 
(3) by inserting after subsection (c) the following: 
‘‘(d) PRINCIPLES
FOR ADMINISTERING
THE DATA SYSTEM.—In 
managing the National Student Loan Data System, the Secretary 
shall take actions necessary to maintain confidence in the data 
system, including, at a minimum— 
‘‘(1) ensuring that the primary purpose of access to the 
data system by guaranty agencies, eligible lenders, and eligible 
institutions of higher education is for legitimate program oper-
ations, such as the need to verify the eligibility of a student, 
potential student, or parent for loans under part B, D, or 
E; 
‘‘(2) prohibiting nongovernmental researchers and policy 
analysts from accessing personally identifiable information; 
‘‘(3) creating a disclosure form for students and potential 
students that is distributed when such students complete the 
common financial reporting form under section 483, and as 
a part of the exit counseling process under section 485(b), 
that— 
‘‘(A) informs the students that any title IV grant or 
loan the students receive will be included in the National 
Student Loan Data System, and instructs the students 
on how to access that information; 
‘‘(B) describes the categories of individuals or entities 
that may access the data relating to such grant or loan 
through the data system, and for what purposes access 
is allowed; 
‘‘(C) defines and explains the categories of information 
included in the data system; 
‘‘(D) provides a summary of the provisions of section 
444 of the General Education Provisions Act (the Family 
Educational Rights and Privacy Act of 1974) and other 
applicable Federal privacy statutes, and a statement of 
the students’ rights and responsibilities with respect to 
such statutes; 
‘‘(E) explains the measures taken by the Department 
to safeguard the students’ data; and 
‘‘(F) includes other information as determined appro-
priate by the Secretary; 
‘‘(4) requiring guaranty agencies, eligible lenders, and 
eligible institutions of higher education that enter into an agree-
ment with a potential student, student, or parent of such stu-
dent regarding a loan under part B, D, or E, to inform the 
student or parent that such loan shall be— 
‘‘(A) submitted to the data system; and 
‘‘(B) accessible to guaranty agencies, eligible lenders, 
and eligible institutions of higher education determined 
by the Secretary to be authorized users of the data system; 
‘‘(5) regularly reviewing the data system to— 
‘‘(A) delete inactive users from the data system; 
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122 STAT. 3305 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) ensure that the data in the data system are not 
being used for marketing purposes; and 
‘‘(C) monitor the use of the data system by guaranty 
agencies and eligible lenders to determine whether an 
agency or lender is accessing the records of students in 
which the agency or lender has no existing financial 
interest; and 
‘‘(6) developing standardized protocols for limiting access 
to the data system that include— 
‘‘(A) collecting data on the usage of the data system 
to monitor whether access has been or is being used con-
trary to the purposes of the data system; 
‘‘(B) defining the steps necessary for determining 
whether, and how, to deny or restrict access to the data 
system; and 
‘‘(C) determining the steps necessary to reopen access 
to the data system following a denial or restriction of 
access.’’; and 
(4) by striking subsection (e) (as redesignated by paragraph 
(1)) and inserting the following: 
‘‘(e) REPORTS TO CONGRESS.— 
‘‘(1) ANNUAL REPORT.—Not later than September 30 of each 
fiscal year, the Secretary shall prepare and submit to the 
authorizing committees a report describing— 
‘‘(A) the effectiveness of existing privacy safeguards 
in protecting student and parent information in the data 
system; 
‘‘(B) the success of any new authorization protocols 
in more effectively preventing abuse of the data system; 
‘‘(C) the ability of the Secretary to monitor how the 
system is being used, relative to the intended purposes 
of the data system; and 
‘‘(D) any protocols developed under subsection (d)(6) 
during the preceding fiscal year. 
‘‘(2) STUDY.— 
‘‘(A) IN GENERAL.—The Secretary shall conduct a study 
regarding— 
‘‘(i) available mechanisms for providing students 
and parents with the ability to opt in or opt out of 
allowing eligible lenders to access their records in the 
National Student Loan Data System; and 
‘‘(ii) appropriate protocols for limiting access to 
the data system, based on the risk assessment required 
under subchapter III of chapter 35 of title 44, United 
States Code. 
‘‘(B) SUBMISSION OF STUDY.—Not later than three years 
after the date of enactment of the Higher Education Oppor-
tunity Act, the Secretary shall prepare and submit a report 
on the findings of the study under subparagraph (A) to 
the authorizing committees.’’. 
SEC. 490. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 
Part G of title IV (20 U.S.C. 1088 et seq.) is amended by 
inserting after section 485D (20 U.S.C. 1092c) the following: 
‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL AID ELIGIBILITY. 
‘‘(a) IN GENERAL.—The Secretary shall implement, in coopera-
tion with States, institutions of higher education, secondary schools, 
20 USC 1092f. 
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122 STAT. 3306 
PUBLIC LAW 110–315—AUG. 14, 2008 
early intervention and outreach programs under this title, other 
agencies and organizations involved in student financial assistance 
and college access, public libraries, community centers, employers, 
and businesses, a comprehensive system of early financial aid 
information in order to provide students and families with early 
information about financial aid and early estimates of such students’ 
eligibility for financial aid from multiple sources. Such system shall 
include the activities described in subsection (b). 
‘‘(b) COMMUNICATION OF AVAILABILITY OF AID AND AID ELIGI-
BILITY.— 
‘‘(1) STUDENTS
WHO
RECEIVE
BENEFITS.—The Secretary 
shall— 
‘‘(A) make special efforts to notify students who receive 
or are eligible to receive benefits under a Federal means- 
tested benefit program (including the supplemental nutri-
tion assistance program under the Food and Nutrition Act 
of 2008 (7 U.S.C. 2011 et seq.)), or another such benefit 
program as determined by the Secretary, of such students’ 
potential eligibility for a maximum Federal Pell Grant 
under subpart 1 of part A; and 
‘‘(B) disseminate such informational materials, that are 
part of the system described in subsection (a), as the Sec-
retary determines necessary. 
‘‘(2) SECONDARY
SCHOOL
STUDENTS.—The Secretary, in 
cooperation with States, institutions of higher education, other 
organizations involved in college access and student financial 
aid, secondary schools, and programs under this title that serve 
secondary school students, shall make special efforts to notify 
students in secondary school and their families, as early as 
possible but not later than such students’ junior year of sec-
ondary school, of the availability of financial aid under this 
title and shall provide nonbinding estimates of the amounts 
of grant and loan aid that an individual may be eligible for 
under this title upon completion of an application form under 
section 483(a). The Secretary shall ensure that such information 
is as accurate as possible and that such information is provided 
in an age-appropriate format using dissemination mechanisms 
suitable for students in secondary school. 
‘‘(3) ADULT LEARNERS.—The Secretary, in cooperation with 
States, institutions of higher education, other organizations 
involved in college access and student financial aid, employers, 
workforce investment boards, and public libraries, shall make 
special efforts to provide individuals who would qualify as 
independent students, as defined in section 480(d), with 
information regarding the availability of financial aid under 
this title and with nonbinding estimates of the amounts of 
grant and loan aid that an individual may be eligible for 
under this title upon completion of an application form under 
section 483(a). The Secretary shall ensure that such informa-
tion— 
‘‘(A) is as accurate as possible; 
‘‘(B) includes specific information regarding the avail-
ability of financial aid for students qualified as independent 
students, as defined in section 480(d); and 
‘‘(C) uses dissemination mechanisms suitable for adult 
learners. 
Notification. 
Notification. 
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122 STAT. 3307 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) PUBLIC
AWARENESS
CAMPAIGN.—Not later than two 
years after the date of enactment of the Higher Education 
Opportunity Act, the Secretary, in coordination with States, 
institutions of higher education, early intervention and outreach 
programs under this title, other agencies and organizations 
involved in college access and student financial aid, secondary 
schools, organizations that provide services to individuals that 
are or were homeless, to individuals in foster care, or to other 
disconnected individuals, local educational agencies, public 
libraries, community centers, businesses, employers, employ-
ment services, workforce investment boards, and movie thea-
ters, shall implement a public awareness campaign in order 
to increase national awareness regarding the availability of 
financial aid under this title. The public awareness campaign 
shall disseminate accurate information regarding the avail-
ability of financial aid under this title and shall be imple-
mented, to the extent practicable, using a variety of media, 
including print, television, radio, and the Internet. The Sec-
retary shall design and implement the public awareness cam-
paign based upon relevant independent research and the 
information and dissemination strategies found most effective 
in implementing paragraphs (1) through (3).’’. 
SEC. 491. DISTANCE EDUCATION DEMONSTRATION PROGRAMS. 
Section 486(f)(3) (20 U.S.C. 1093(f)(3)) is amended— 
(1) in subparagraph (B), by redesignating clauses (i) and 
(ii) as subparagraphs (A) and (B), respectively, and adjusting 
the margins accordingly; and 
(2) by striking ‘‘REPORTS.—’’ and all that follows through 
‘‘House of Representatives on an annual basis’’ and inserting 
‘‘ANNUAL REPORTS.—The Secretary shall provide reports to the 
authorizing committees on an annual basis’’. 
SEC. 492. ARTICULATION AGREEMENTS. 
Part G of title IV is further amended by inserting after section 
486 (20 U.S.C. 1093) the following new section: 
‘‘SEC. 486A. ARTICULATION AGREEMENTS. 
‘‘(a) DEFINITION.—In this section, the term ‘articulation agree-
ment’ means an agreement between or among institutions of higher 
education that specifies the acceptability of courses in transfer 
toward meeting specific degree or program requirements. 
‘‘(b) PROGRAM TO ENCOURAGE ARTICULATION AGREEMENTS.— 
‘‘(1) PROGRAM ESTABLISHED.—The Secretary shall carry out 
a program for States, in cooperation with public institutions 
of higher education, to develop, enhance, and implement com-
prehensive articulation agreements between or among such 
institutions in a State, and (to the extent practicable) across 
State lines, by 2010. Such articulation agreements shall be 
made widely and publicly available on the websites of States 
and such institutions. In developing, enhancing, and imple-
menting articulation agreements, States and public institutions 
of higher education may employ strategies, where applicable, 
including— 
‘‘(A) common course numbering; 
‘‘(B) a general education core curriculum; 
‘‘(C) management systems regarding course equiva-
lency, transfer of credit, and articulation; and 
Public 
information. 
Web site. 
20 USC 1093a. 
Deadline. 
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122 STAT. 3308 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D) other strategies identified by the Secretary. 
‘‘(2) TECHNICAL ASSISTANCE PROVIDED.—The Secretary shall 
provide technical assistance to States and public institutions 
of higher education for the purposes of developing and imple-
menting articulation agreements in accordance with this sub-
section. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to authorize the Secretary to require par-
ticular policies, procedures, or practices by institutions of higher 
education with respect to articulation agreements.’’. 
SEC. 493. PROGRAM PARTICIPATION AGREEMENTS. 
(a) PROGRAM PARTICIPATION AGREEMENT REQUIREMENTS.— 
(1) VOTER REGISTRATION; 90-10 RULE; CODE OF CONDUCT; 
DISCIPLINARY PROCEEDINGS; PREFERRED LENDER LISTS; PRIVATE 
EDUCATION LOAN CERTIFICATION; COPYRIGHTED MATERIAL.— 
(A) AMENDMENT.—Section 487(a) (20 U.S.C. 1094(a)) 
is amended— 
(i) in paragraph (23)— 
(I) by moving subparagraph (C) two ems to 
the left; and 
(II) by adding at the end the following: 
‘‘(D) The institution shall be considered in compliance 
with the requirements of subparagraph (A) for each student 
to whom the institution electronically transmits a message 
containing a voter registration form acceptable for use in 
the State in which the institution is located, or an Internet 
address where such a form can be downloaded, if such 
information is in an electronic message devoted exclusively 
to voter registration.’’; and 
(ii) by adding at the end the following: 
‘‘(24) In the case of a proprietary institution of higher 
education (as defined in section 102(b)), such institution will 
derive not less than ten percent of such institution’s revenues 
from sources other than funds provided under this title, as 
calculated in accordance with subsection (d)(1), or will be sub-
ject to the sanctions described in subsection (d)(2). 
‘‘(25) In the case of an institution that participates in 
a loan program under this title, the institution will— 
‘‘(A) develop a code of conduct with respect to such 
loans with which the institution’s officers, employees, and 
agents shall comply, that— 
‘‘(i) prohibits a conflict of interest with the respon-
sibilities of an officer, employee, or agent of an institu-
tion with respect to such loans; and 
‘‘(ii) at a minimum, includes the provisions 
described in subsection (e); 
‘‘(B) publish such code of conduct prominently on the 
institution’s website; and 
‘‘(C) administer and enforce such code by, at a min-
imum, requiring that all of the institution’s officers, 
employees, and agents with responsibilities with respect 
to such loans be annually informed of the provisions of 
the code of conduct. 
‘‘(26) The institution will, upon written request, disclose 
to the alleged victim of any crime of violence (as that term 
is defined in section 16 of title 18, United States Code), or 
Web site. 
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122 STAT. 3309 
PUBLIC LAW 110–315—AUG. 14, 2008 
a nonforcible sex offense, the report on the results of any 
disciplinary proceeding conducted by such institution against 
a student who is the alleged perpetrator of such crime or 
offense with respect to such crime or offense. If the alleged 
victim of such crime or offense is deceased as a result of 
such crime or offense, the next of kin of such victim shall 
be treated as the alleged victim for purposes of this paragraph. 
‘‘(27) In the case of an institution that has entered into 
a preferred lender arrangement, the institution will at least 
annually compile, maintain, and make available for students 
attending the institution, and the families of such students, 
a list, in print or other medium, of the specific lenders for 
loans made, insured, or guaranteed under this title or private 
education loans that the institution recommends, promotes, 
or endorses in accordance with such preferred lender arrange-
ment. In making such list, the institution shall comply with 
the requirements of subsection (h). 
‘‘(28)(A) The institution will, upon the request of an 
applicant for a private education loan, provide to the applicant 
the form required under section 128(e)(3) of the Truth in 
Lending Act (15 U.S.C. 1638(e)(3)), and the information 
required to complete such form, to the extent the institution 
possesses such information. 
‘‘(B) For purposes of this paragraph, the term ‘private edu-
cation loan’ has the meaning given such term in section 140 
of the Truth in Lending Act. 
‘‘(29) The institution certifies that the institution— 
‘‘(A) has developed plans to effectively combat the 
unauthorized 
distribution 
of 
copyrighted 
material, 
including through the use of a variety of technology-based 
deterrents; and 
‘‘(B) will, to the extent practicable, offer alternatives 
to illegal downloading or peer-to-peer distribution of 
intellectual property, as determined by the institution in 
consultation with the chief technology officer or other des-
ignated officer of the institution.’’. 
(B) EFFECTIVE
DATE.—The amendment made by 
subparagraph (A) with respect to section 487(a)(26) of the 
Higher Education Act of 1965 (as added by subparagraph 
(A)) shall apply with respect to any disciplinary proceeding 
conducted by an institution on or after the day that is 
one year after the date of enactment of this Act. 
(b) AUDITS; FINANCIAL
RESPONSIBILITY; ENFORCEMENT
OF 
STANDARDS.—Section 487(c)(1)(A)(i) (20 U.S.C. 1094(c)(1)(A)(i)) is 
amended by inserting before the semicolon at the end the following: 
‘‘, except that the Secretary may modify the requirements of this 
clause with respect to institutions of higher education that are 
foreign institutions, and may waive such requirements with respect 
to a foreign institution whose students receives less than $500,000 
in loans under this title during the award year preceding the 
audit period’’. 
(c) IMPLEMENTATION OF NON-TITLE IV REVENUE REQUIREMENT; 
CODE
OF CONDUCT; INSTITUTIONAL REQUIREMENTS
FOR TEACH- 
OUTS; INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS; PRE-
FERRED LENDER LIST REQUIREMENTS.—Section 487 (20 U.S.C. 1094) 
is further amended— 
20 USC 1094 
note. 
Certification. 
Lists. 
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122 STAT. 3310 
PUBLIC LAW 110–315—AUG. 14, 2008 
(1) by redesignating subsections (d) and (e) as subsections 
(i) and (j), respectively; and 
(2) by inserting after subsection (c) the following: 
‘‘(d) IMPLEMENTATION
OF NON-TITLE IV REVENUE REQUIRE-
MENT.— 
‘‘(1) CALCULATION.—In making calculations under sub-
section (a)(24), a proprietary institution of higher education 
shall— 
‘‘(A) use the cash basis of accounting, except in the 
case of loans described in subparagraph (D)(i) that are 
made by the proprietary institution of higher education; 
‘‘(B) consider as revenue only those funds generated 
by the institution from— 
‘‘(i) tuition, fees, and other institutional charges 
for students enrolled in programs eligible for assistance 
under this title; 
‘‘(ii) activities conducted by the institution that 
are necessary for the education and training of the 
institution’s students, if such activities are— 
‘‘(I) conducted on campus or at a facility under 
the control of the institution; 
‘‘(II) performed under the supervision of a 
member of the institution’s faculty; and 
‘‘(III) required to be performed by all students 
in a specific educational program at the institution; 
and 
‘‘(iii) funds paid by a student, or on behalf of a 
student by a party other than the institution, for an 
education or training program that is not eligible for 
funds under this title, if the program— 
‘‘(I) is approved or licensed by the appropriate 
State agency; 
‘‘(II) is accredited by an accrediting agency 
recognized by the Secretary; or 
‘‘(III) provides an industry-recognized creden-
tial or certification; 
‘‘(C) presume that any funds for a program under 
this title that are disbursed or delivered to or on behalf 
of a student will be used to pay the student’s tuition, 
fees, or other institutional charges, regardless of whether 
the institution credits those funds to the student’s account 
or pays those funds directly to the student, except to the 
extent that the student’s tuition, fees, or other institutional 
charges are satisfied by— 
‘‘(i) grant funds provided by non-Federal public 
agencies or private sources independent of the institu-
tion; 
‘‘(ii) funds provided under a contractual arrange-
ment with a Federal, State, or local government agency 
for the purpose of providing job training to low-income 
individuals who are in need of that training; 
‘‘(iii) funds used by a student from savings plans 
for educational expenses established by or on behalf 
of the student and which qualify for special tax treat-
ment under the Internal Revenue Code of 1986; or 
‘‘(iv) 
institutional 
scholarships 
described 
in 
subparagraph (D)(iii); 
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122 STAT. 3311 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D) include institutional aid as revenue to the school 
only as follows: 
‘‘(i) in the case of loans made by a proprietary 
institution of higher education on or after July 1, 2008 
and prior to July 1, 2012, the net present value of 
such loans made by the institution during the 
applicable institutional fiscal year accounted for on 
an accrual basis and estimated in accordance with 
generally accepted accounting principles and related 
standards and guidance, if the loans— 
‘‘(I) are bona fide as evidenced by enforceable 
promissory notes; 
‘‘(II) are issued at intervals related to the 
institution’s enrollment periods; and 
‘‘(III) are subject to regular loan repayments 
and collections; 
‘‘(ii) in the case of loans made by a proprietary 
institution of higher education on or after July 1, 2012, 
only the amount of loan repayments received during 
the applicable institutional fiscal year, excluding repay-
ments on loans made and accounted for as specified 
in clause (i); and 
‘‘(iii) in the case of scholarships provided by a 
proprietary institution of higher education, only those 
scholarships provided by the institution in the form 
of monetary aid or tuition discounts based upon the 
academic achievements or financial need of students, 
disbursed during each fiscal year from an established 
restricted account, and only to the extent that funds 
in that account represent designated funds from an 
outside source or from income earned on those funds; 
‘‘(E) in the case of each student who receives a loan 
on or after July 1, 2008, and prior to July 1, 2011, that 
is authorized under section 428H or that is a Federal 
Direct Unsubsidized Stafford Loan, treat as revenue 
received by the institution from sources other than funds 
received under this title, the amount by which the disburse-
ment of such loan received by the institution exceeds the 
limit on such loan in effect on the day before the date 
of enactment of the Ensuring Continued Access to Student 
Loans Act of 2008; and 
‘‘(F) exclude from revenues— 
‘‘(i) the amount of funds the institution received 
under part C, unless the institution used those funds 
to pay a student’s institutional charges; 
‘‘(ii) the amount of funds the institution received 
under subpart 4 of part A; 
‘‘(iii) the amount of funds provided by the institu-
tion as matching funds for a program under this title; 
‘‘(iv) the amount of funds provided by the institu-
tion for a program under this title that are required 
to be refunded or returned; and 
‘‘(v) the amount charged for books, supplies, and 
equipment, unless the institution includes that amount 
as tuition, fees, or other institutional charges. 
‘‘(2) SANCTIONS.— 
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122 STAT. 3312 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) INELIGIBILITY.—A proprietary institution of higher 
education that fails to meet a requirement of subsection 
(a)(24) for two consecutive institutional fiscal years shall 
be ineligible to participate in the programs authorized by 
this title for a period of not less than two institutional 
fiscal years. To regain eligibility to participate in the pro-
grams authorized by this title, a proprietary institution 
of higher education shall demonstrate compliance with all 
eligibility and certification requirements under section 498 
for a minimum of two institutional fiscal years after the 
institutional fiscal year in which the institution became 
ineligible. 
‘‘(B) ADDITIONAL ENFORCEMENT.—In addition to such 
other means of enforcing the requirements of this title 
as may be available to the Secretary, if a proprietary 
institution of higher education fails to meet a requirement 
of subsection (a)(24) for any institutional fiscal year, then 
the institution’s eligibility to participate in the programs 
authorized by this title becomes provisional for the two 
institutional fiscal years after the institutional fiscal year 
in which the institution failed to meet the requirement 
of subsection (a)(24), except that such provisional eligibility 
shall terminate— 
‘‘(i) on the expiration date of the institution’s pro-
gram participation agreement under this subsection 
that is in effect on the date the Secretary determines 
that the institution failed to meet the requirement 
of subsection (a)(24); or 
‘‘(ii) in the case that the Secretary determines that 
the institution failed to meet a requirement of sub-
section (a)(24) for two consecutive institutional fiscal 
years, on the date the institution is determined ineli-
gible in accordance with subparagraph (A). 
‘‘(3) PUBLICATION ON COLLEGE NAVIGATOR WEBSITE.—The 
Secretary shall publicly disclose on the College Navigator 
website— 
‘‘(A) the identity of any proprietary institution of higher 
education that fails to meet a requirement of subsection 
(a)(24); and 
‘‘(B) the extent to which the institution failed to meet 
such requirement. 
‘‘(4) REPORT TO CONGRESS.—Not later than July 1, 2009, 
and July 1 of each succeeding year, the Secretary shall submit 
to the authorizing committees a report that contains, for each 
proprietary institution of higher education that receives assist-
ance under this title, as provided in the audited financial state-
ments submitted to the Secretary by each institution pursuant 
to the requirements of subsection (a)(24)— 
‘‘(A) the amount and percentage of such institution’s 
revenues received from sources under this title; and 
‘‘(B) the amount and percentage of such institution’s 
revenues received from other sources. 
‘‘(e) CODE
OF CONDUCT REQUIREMENTS.—An institution of 
higher education’s code of conduct, as required under subsection 
(a)(25), shall include the following requirements: 
‘‘(1) BAN ON REVENUE-SHARING ARRANGEMENTS.— 
Termination. 
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122 STAT. 3313 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) PROHIBITION.—The institution shall not enter into 
any revenue-sharing arrangement with any lender. 
‘‘(B) DEFINITION.—For purposes of this paragraph, the 
term ‘revenue-sharing arrangement’ means an arrange-
ment between an institution and a lender under which— 
‘‘(i) a lender provides or issues a loan that is made, 
insured, or guaranteed under this title to students 
attending the institution or to the families of such 
students; and 
‘‘(ii) the institution recommends the lender or the 
loan products of the lender and in exchange, the lender 
pays a fee or provides other material benefits, including 
revenue or profit sharing, to the institution, an officer 
or employee of the institution, or an agent. 
‘‘(2) GIFT BAN.— 
‘‘(A) PROHIBITION.—No officer or employee of the 
institution who is employed in the financial aid office of 
the institution or who otherwise has responsibilities with 
respect to education loans, or agent who has responsibilities 
with respect to education loans, shall solicit or accept any 
gift from a lender, guarantor, or servicer of education loans. 
‘‘(B) DEFINITION OF GIFT.— 
‘‘(i) IN GENERAL.—In this paragraph, the term ‘gift’ 
means any gratuity, favor, discount, entertainment, 
hospitality, loan, or other item having a monetary 
value of more than a de minimus amount. The term 
includes a gift of services, transportation, lodging, or 
meals, whether provided in kind, by purchase of a 
ticket, payment in advance, or reimbursement after 
the expense has been incurred. 
‘‘(ii) EXCEPTIONS.—The term ‘gift’ shall not include 
any of the following: 
‘‘(I) Standard material, activities, or programs 
on issues related to a loan, default aversion, 
default prevention, or financial literacy, such as 
a brochure, a workshop, or training. 
‘‘(II) Food, refreshments, training, or informa-
tional material furnished to an officer or employee 
of an institution, or to an agent, as an integral 
part of a training session that is designed to 
improve the service of a lender, guarantor, or 
servicer of education loans to the institution, if 
such training contributes to the professional 
development of the officer, employee, or agent. 
‘‘(III) Favorable terms, conditions, and bor-
rower benefits on an education loan provided to 
a student employed by the institution if such 
terms, conditions, or benefits are comparable to 
those provided to all students of the institution. 
‘‘(IV) Entrance and exit counseling services 
provided to borrowers to meet the institution’s 
responsibilities for entrance and exit counseling 
as required by subsections (b) and (l) of section 
485, as long as— 
‘‘(aa) the institution’s staff are in control 
of the counseling, (whether in person or via 
electronic capabilities); and 
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122 STAT. 3314 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(bb) such counseling does not promote 
the products or services of any specific lender. 
‘‘(V) Philanthropic contributions to an institu-
tion from a lender, servicer, or guarantor of edu-
cation loans that are unrelated to education loans 
or any contribution from any lender, guarantor, 
or servicer that is not made in exchange for any 
advantage related to education loans. 
‘‘(VI) State education grants, scholarships, or 
financial aid funds administered by or on behalf 
of a State. 
‘‘(iii) RULE FOR GIFTS TO FAMILY MEMBERS.—For 
purposes of this paragraph, a gift to a family member 
of an officer or employee of an institution, to a family 
member of an agent, or to any other individual based 
on that individual’s relationship with the officer, 
employee, or agent, shall be considered a gift to the 
officer, employee, or agent if— 
‘‘(I) the gift is given with the knowledge and 
acquiescence of the officer, employee, or agent; and 
‘‘(II) the officer, employee, or agent has reason 
to believe the gift was given because of the official 
position of the officer, employee, or agent. 
‘‘(3) CONTRACTING ARRANGEMENTS PROHIBITED.— 
‘‘(A) PROHIBITION.—An officer or employee who is 
employed in the financial aid office of the institution or 
who otherwise has responsibilities with respect to education 
loans, or an agent who has responsibilities with respect 
to education loans, shall not accept from any lender or 
affiliate of any lender any fee, payment, or other financial 
benefit (including the opportunity to purchase stock) as 
compensation for any type of consulting arrangement or 
other contract to provide services to a lender or on behalf 
of a lender relating to education loans. 
‘‘(B) EXCEPTIONS.—Nothing in this subsection shall be 
construed as prohibiting— 
‘‘(i) an officer or employee of an institution who 
is not employed in the institution’s financial aid office 
and who does not otherwise have responsibilities with 
respect to education loans, or an agent who does not 
have responsibilities with respect to education loans, 
from performing paid or unpaid service on a board 
of directors of a lender, guarantor, or servicer of edu-
cation loans; 
‘‘(ii) an officer or employee of the institution who 
is not employed in the institution’s financial aid office 
but who has responsibility with respect to education 
loans as a result of a position held at the institution, 
or an agent who has responsibility with respect to 
education loans, from performing paid or unpaid 
service on a board of directors of a lender, guarantor, 
or servicer of education loans, if the institution has 
a written conflict of interest policy that clearly sets 
forth that officers, employees, or agents must recuse 
themselves from participating in any decision of the 
board regarding education loans at the institution; or 
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122 STAT. 3315 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iii) an officer, employee, or contractor of a lender, 
guarantor, or servicer of education loans from serving 
on a board of directors, or serving as a trustee, of 
an institution, if the institution has a written conflict 
of interest policy that the board member or trustee 
must recuse themselves from any decision regarding 
education loans at the institution. 
‘‘(4) INTERACTION WITH BORROWERS.—The institution shall 
not— 
‘‘(A) for any first-time borrower, assign, through award 
packaging or other methods, the borrower’s loan to a par-
ticular lender; or 
‘‘(B) refuse to certify, or delay certification of, any 
loan based on the borrower’s selection of a particular lender 
or guaranty agency. 
‘‘(5) PROHIBITION
ON
OFFERS
OF
FUNDS
FOR
PRIVATE 
LOANS.— 
‘‘(A) PROHIBITION.—The institution shall not request 
or accept from any lender any offer of funds to be used 
for private education loans (as defined in section 140 of 
the Truth in Lending Act), including funds for an oppor-
tunity pool loan, to students in exchange for the institution 
providing concessions or promises regarding providing the 
lender with— 
‘‘(i) a specified number of loans made, insured, 
or guaranteed under this title; 
‘‘(ii) a specified loan volume of such loans; or 
‘‘(iii) a preferred lender arrangement for such 
loans. 
‘‘(B) DEFINITION OF OPPORTUNITY POOL LOAN.—In this 
paragraph, the term ‘opportunity pool loan’ means a private 
education loan made by a lender to a student attending 
the institution or the family member of such a student 
that involves a payment, directly or indirectly, by such 
institution of points, premiums, additional interest, or 
financial support to such lender for the purpose of such 
lender extending credit to the student or the family. 
‘‘(6) BAN ON STAFFING ASSISTANCE.— 
‘‘(A) PROHIBITION.—The institution shall not request 
or accept from any lender any assistance with call center 
staffing or financial aid office staffing. 
‘‘(B) CERTAIN
ASSISTANCE
PERMITTED.—Nothing in 
paragraph (1) shall be construed to prohibit the institution 
from requesting or accepting assistance from a lender 
related to— 
‘‘(i) professional development training for financial 
aid administrators; 
‘‘(ii) providing educational counseling materials, 
financial literacy materials, or debt management mate-
rials to borrowers, provided that such materials dis-
close to borrowers the identification of any lender that 
assisted in preparing or providing such materials; or 
‘‘(iii) staffing services on a short-term, non-
recurring basis to assist the institution with financial 
aid-related functions during emergencies, including 
State-declared or federally declared natural disasters, 
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122 STAT. 3316 
PUBLIC LAW 110–315—AUG. 14, 2008 
federally declared national disasters, and other local-
ized disasters and emergencies identified by the Sec-
retary. 
‘‘(7) ADVISORY BOARD COMPENSATION.—Any employee who 
is employed in the financial aid office of the institution, or 
who otherwise has responsibilities with respect to education 
loans or other student financial aid of the institution, and 
who serves on an advisory board, commission, or group estab-
lished by a lender, guarantor, or group of lenders or guarantors, 
shall be prohibited from receiving anything of value from the 
lender, guarantor, or group of lenders or guarantors, except 
that the employee may be reimbursed for reasonable expenses 
incurred in serving on such advisory board, commission, or 
group. 
‘‘(f) INSTITUTIONAL REQUIREMENTS FOR TEACH-OUTS.— 
‘‘(1) IN GENERAL.—In the event the Secretary initiates the 
limitation, suspension, or termination of the participation of 
an institution of higher education in any program under this 
title under the authority of subsection (c)(1)(F) or initiates 
an emergency action under the authority of subsection (c)(1)(G) 
and its prescribed regulations, the Secretary shall require that 
institution to prepare a teach-out plan for submission to the 
institution’s accrediting agency or association in compliance 
with section 496(c)(4), the Secretary’s regulations on teach- 
out plans, and the standards of the institution’s accrediting 
agency or association. 
‘‘(2) TEACH-OUT
PLAN
DEFINED.—In this subsection, the 
term ‘teach-out plan’ means a written plan that provides for 
the equitable treatment of students if an institution of higher 
education ceases to operate before all students have completed 
their program of study, and may include, if required by the 
institution’s accrediting agency or association, an agreement 
between institutions for such a teach-out plan. 
‘‘(g) INSPECTOR GENERAL REPORT ON GIFT BAN VIOLATIONS.— 
The Inspector General of the Department shall— 
‘‘(1) submit an annual report to the authorizing committees 
identifying all violations of an institution’s code of conduct 
that the Inspector General has substantiated during the pre-
ceding year relating to the gift ban provisions described in 
subsection (f)(2); and 
‘‘(2) make the report available to the public through the 
Department’s website. 
‘‘(h) PREFERRED LENDER LIST REQUIREMENTS.— 
‘‘(1) IN GENERAL.—In compiling, maintaining, and making 
available a preferred lender list as required under subsection 
(a)(27), the institution will— 
‘‘(A) clearly and fully disclose on such preferred lender 
list— 
‘‘(i) not less than the information required to be 
disclosed under section 153(a)(2)(A); 
‘‘(ii) why the institution has entered into a pre-
ferred lender arrangement with each lender on the 
preferred lender list, particularly with respect to terms 
and conditions or provisions favorable to the borrower; 
and 
Public 
information. 
Web site. 
Plans. 
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122 STAT. 3317 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iii) that the students attending the institution, 
or the families of such students, do not have to borrow 
from a lender on the preferred lender list; 
‘‘(B) ensure, through the use of the list of lender affili-
ates provided by the Secretary under paragraph (2), that— 
‘‘(i) there are not less than three lenders of loans 
made under part B that are not affiliates of each 
other included on the preferred lender list and, if the 
institution recommends, promotes, or endorses private 
education loans, there are not less than two lenders 
of private education loans that are not affiliates of 
each other included on the preferred lender list; and 
‘‘(ii) the preferred lender list under this para-
graph— 
‘‘(I) specifically indicates, for each listed 
lender, whether the lender is or is not an affiliate 
of each other lender on the preferred lender list; 
and 
‘‘(II) if a lender is an affiliate of another lender 
on the preferred lender list, describes the details 
of such affiliation; 
‘‘(C) prominently disclose the method and criteria used 
by the institution in selecting lenders with which to enter 
into preferred lender arrangements to ensure that such 
lenders are selected on the basis of the best interests 
of the borrowers, including— 
‘‘(i) payment of origination or other fees on behalf 
of the borrower; 
‘‘(ii) highly competitive interest rates, or other 
terms and conditions or provisions of loans under this 
title or private education loans; 
‘‘(iii) high-quality servicing for such loans; or 
‘‘(iv) additional benefits beyond the standard terms 
and conditions or provisions for such loans; 
‘‘(D) exercise a duty of care and a duty of loyalty 
to compile the preferred lender list under this paragraph 
without prejudice and for the sole benefit of the students 
attending the institution, or the families of such students; 
‘‘(E) not deny or otherwise impede the borrower’s choice 
of a lender or cause unnecessary delay in loan certification 
under this title for those borrowers who choose a lender 
that is not included on the preferred lender list; and 
‘‘(F) comply with such other requirements as the Sec-
retary may prescribe by regulation. 
‘‘(2) LENDER AFFILIATES LIST.— 
‘‘(A) IN GENERAL.—The Secretary shall maintain and 
regularly update a list of lender affiliates of all eligible 
lenders, and shall provide such list to institutions for use 
in carrying out paragraph (1)(B). 
‘‘(B) USE OF MOST RECENT LIST.—An institution shall 
use the most recent list of lender affiliates provided by 
the Secretary under subparagraph (A) in carrying out para-
graph (1)(B).’’. 
(d) DEFINITIONS.—Section 487(i) (as redesignated by subsection 
(c)(1)) (20 U.S.C. 1087(i)) is further amended— 
(1) by striking ‘‘(i) DEFINITION OF ELIGIBLE INSTITUTION.— 
For the purpose of this section, the’’ and inserting the following: 
20 USC 1094. 
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122 STAT. 3318 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) DEFINITIONS.—For the purpose of this section: 
‘‘(1) AGENT.—The term ‘agent’ has the meaning given the 
term in section 151. 
‘‘(2) AFFILIATE.—The term ‘affiliate’ means a person that 
controls, is controlled by, or is under common control with 
another person. A person controls, is controlled by, or is under 
common control with another person if— 
‘‘(A) the person directly or indirectly, or acting through 
one or more others, owns, controls, or has the power to 
vote five percent or more of any class of voting securities 
of such other person; 
‘‘(B) the person controls, in any manner, the election 
of a majority of the directors or trustees of such other 
person; or 
‘‘(C) the Secretary determines (after notice and oppor-
tunity for a hearing) that the person directly or indirectly 
exercises a controlling interest over the management or 
policies of such other person’s education loans. 
‘‘(3) EDUCATION LOAN.—The term ‘education loan’ has the 
meaning given the term in section 151. 
‘‘(4) ELIGIBLE INSTITUTION.—The’’; and 
(2) by adding at the end the following new paragraph: 
‘‘(5) OFFICER.—The term ‘officer’ has the meaning given 
the term in section 151. 
‘‘(6) PREFERRED
LENDER
ARRANGEMENT.—The term ‘pre-
ferred lender arrangement’ has the meaning given the term 
in section 151.’’. 
SEC. 494. REGULATORY RELIEF AND IMPROVEMENT. 
Section 487A(b) (20 U.S.C. 1094a(b)) is amended— 
(1) by amending paragraph (1) to read as follows: 
‘‘(1) IN GENERAL.—The Secretary shall continue the vol-
untary participation of any experimental sites in existence as 
of July 1, 2007, unless the Secretary determines that such 
site’s participation has not been successful in carrying out 
the purposes of this section. Any activities approved by the 
Secretary prior to such date that have not been successful 
in carrying out the purposes of this section shall be discontinued 
not later than June 30, 2009.’’; 
(2) in paragraph (2), by striking the matter preceding 
subparagraph (A) and inserting the following: 
‘‘(2) REPORT.—The Secretary shall review and evaluate the 
experience of institutions participating as experimental sites 
and shall, on a biennial basis, submit a report based on the 
review and evaluation to the authorizing committees. Such 
report shall include—’’; and 
(3) in paragraph (3)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘Upon the submission of the report 
required by paragraph (2), the’’ and inserting ‘‘The’’; 
and 
(ii) by inserting ‘‘periodically’’ after ‘‘authorized to’’; 
(B) by striking subparagraph (B); 
(C) by redesignating subparagraph (C) as subpara-
graph (B); and 
(D) in subparagraph (B) (as redesignated by subpara-
graph (C))— 
Deadline. 
Effective date. 
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122 STAT. 3319 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) by inserting ‘‘, including requirements related 
to the award process and disbursement of student 
financial aid (such as innovative delivery systems for 
modular or compressed courses, or other innovative 
systems), verification of student financial aid applica-
tion data, entrance and exit interviews, or other 
management procedures or processes as determined 
in the negotiated rulemaking process under section 
492’’ after ‘‘requirements in this title’’; 
(ii) by inserting ‘‘(other than an award rule related 
to an experiment in modular or compressed schedules)’’ 
after ‘‘award rules’’; and 
(iii) by inserting ‘‘unless the waiver of such provi-
sions is authorized by another provision under this 
title’’ before the period at the end. 
SEC. 494A. TRANSFER OF ALLOTMENTS. 
Section 488 (20 U.S.C. 1095) is amended in the first sentence— 
(1) in paragraph (1), by striking ‘‘and’’ after the semicolon; 
(2) in paragraph (2), by striking ‘‘413D.’’ and inserting 
‘‘413D or 462 (or both); and’’; and 
(3) by adding at the end ‘‘(3) transfer 25 percent of the 
institution’s allotment under section 413D to the institution’s 
allotment under section 442.’’. 
SEC. 494B. PURPOSE OF ADMINISTRATIVE PAYMENTS. 
Section 489(b)(1) (20 U.S.C. 1096(b)(1)) is amended by striking 
‘‘offsetting the administrative costs of’’ and inserting ‘‘admin-
istering’’. 
SEC. 494C. ADVISORY COMMITTEE ON STUDENT FINANCIAL ASSIST-
ANCE. 
(a) AMENDMENTS.—Section 491 (20 U.S.C. 1098) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (B), by striking ‘‘and’’ after the 
semicolon; 
(B) in subparagraph (C), by striking the period and 
inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) to provide knowledge and understanding of early 
intervention programs, and to make recommendations that 
will result in early awareness by low- and moderate-income 
students and families— 
‘‘(i) of their eligibility for assistance under this 
title; and 
‘‘(ii) to the extent practicable, of their eligibility 
for other forms of State and institutional need-based 
student assistance; 
‘‘(E) to make recommendations that will expand and 
improve partnerships among the Federal Government, 
States, institutions of higher education, and private entities 
to increase the awareness and the total amount of need- 
based student assistance available to low- and moderate- 
income students; and 
‘‘(F) to collect information on Federal regulations, and 
on the impact of Federal regulations on student financial 
assistance and on the cost of receiving a postsecondary 
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122 STAT. 3320 
PUBLIC LAW 110–315—AUG. 14, 2008 
education, and to make recommendations to help stream-
line the regulations for institutions of higher education 
from all sectors.’’; 
(2) by striking subsection (c) and inserting the following 
new subsection: 
‘‘(c) MEMBERSHIP.—(1) The Advisory Committee shall consist 
of 11 members appointed as follows: 
‘‘(A) Four members shall be appointed by the President 
pro tempore of the Senate, of whom two members shall be 
appointed from recommendations by the Majority Leader of 
the Senate, and two members shall be appointed from rec-
ommendations by the Minority Leader of the Senate. 
‘‘(B) Four members shall be appointed by the Speaker 
of the House of Representatives, of whom two members shall 
be appointed from recommendations by the Majority Leader 
of the House of Representatives, and two members shall be 
appointed from recommendations by the Minority Leader of 
the House of Representatives. 
‘‘(C) Three members shall be appointed by the Secretary, 
of whom at least one member shall be a student. 
‘‘(2) Each member of the Advisory Committee, with the excep-
tion of a student member, shall be appointed on the basis of tech-
nical qualifications, professional experience, and demonstrated 
knowledge in the fields of higher education, student financial aid, 
financing post-secondary education, and the operations and 
financing of student loan guarantee agencies. 
‘‘(3) The appointment of a member under subparagraph (A) 
or (B) of paragraph (1) shall be effective upon publication of such 
appointment in the Congressional Record.’’; 
(3) in subsection (d)— 
(A) in paragraph (6), by striking ‘‘, but nothing in 
this section shall authorize the committee to perform such 
studies, surveys, or analyses’’; 
(B) in paragraph (8), by striking ‘‘and’’ after the semi-
colon; 
(C) by redesignating paragraph (9) as paragraph (11); 
and 
(D) by inserting after paragraph (8) (as amended by 
subparagraph (B)) the following: 
‘‘(9) provide an annual report to the authorizing committees 
that provides analyses and policy recommendations regarding— 
‘‘(A) the adequacy of need-based grant aid for low- 
and moderate-income students; and 
‘‘(B) the postsecondary enrollment and graduation rates 
of low- and moderate-income students; 
‘‘(10) develop and maintain an information clearinghouse 
to help institutions of higher education understand the regu-
latory impact of the Federal Government on institutions of 
higher education from all sectors, in order to raise awareness 
of institutional legal obligations and provide information to 
improve compliance with, and to reduce the duplication and 
inefficiency of, Federal regulations; and’’; 
(4) in subsection (e)— 
(A) in the matter preceding subparagraph (A) of para-
graph (1), by striking ‘‘3’’ and inserting ‘‘4’’; and 
(B) in paragraph (2), by striking ‘‘A member of the 
Advisory Committee shall’’ and all that follows through 
Clearinghouse. 
Deadline. 
Reports. 
Effective date. 
Publication. 
President. 
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122 STAT. 3321 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘on the Advisory Committee.’’ and inserting ‘‘A member 
of the Advisory Committee serving on the date of enactment 
of the Higher Education Opportunity Act shall be permitted 
to serve the duration of the member’s term, regardless 
of whether the member was previously appointed to more 
than one term.’’; 
(5) in subsection (j)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘and simplifications’’ after ‘‘delivery 
processes’’; and 
(ii) by striking ‘‘including the implementation of 
a performance-based organization within the Depart-
ment, and report to Congress regarding such mod-
ernization on not less than an annual basis,’’; and 
(B) by striking paragraphs (4) and (5) and inserting 
the following: 
‘‘(4) conduct a review and analysis of regulations in accord-
ance with subsection (l); and 
‘‘(5) conduct a study in accordance with subsection (m).’’; 
(6) in subsection (k), by striking ‘‘2004’’ and inserting 
‘‘2014’’; and 
(7) by adding at the end the following: 
‘‘(l) REVIEW AND ANALYSIS OF REGULATIONS.— 
‘‘(1) RECOMMENDATIONS.—The Advisory Committee shall 
make recommendations to the Secretary and the authorizing 
committees for consideration of future legislative action 
regarding redundant or outdated regulations consistent with 
the Secretary’s requirements under section 498B. 
‘‘(2) REVIEW AND ANALYSIS OF REGULATIONS.— 
‘‘(A) REVIEW OF CURRENT REGULATIONS.—To meet the 
requirements of subsection (d)(10), the Advisory Committee 
shall conduct a review and analysis of the regulations 
issued by Federal agencies that are in effect at the time 
of the review and that apply to the operations or activities 
of institutions of higher education from all sectors. The 
review and analysis may include a determination of 
whether the regulation is duplicative, is no longer nec-
essary, is inconsistent with other Federal requirements, 
or is overly burdensome. In conducting the review, the 
Advisory Committee shall pay specific attention to evalu-
ating ways in which regulations under this title affecting 
institutions of higher education (other than institutions 
described in section 102(a)(1)(C)), that have received in 
each of the two most recent award years prior to the 
date of enactment of Higher Education Opportunity Act 
less than $200,000 in funds through this title, may be 
improved, streamlined, or eliminated. 
‘‘(B) REVIEW
AND
COLLECTION
OF
FUTURE
REGULA-
TIONS.—The Advisory Committee shall— 
‘‘(i) monitor all Federal regulations, including 
notices of proposed rulemaking, for their impact or 
potential impact on higher education; and 
‘‘(ii) provide a succinct description of each regula-
tion or proposed regulation that is generally relevant 
to institutions of higher education from all sectors. 
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122 STAT. 3322 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) MAINTENANCE OF PUBLIC WEBSITE.—The Advisory 
Committee shall develop and maintain an easy to use, 
searchable, and regularly updated website that— 
‘‘(i) provides information collected in subparagraph 
(B); 
‘‘(ii) provides an area for the experts and members 
of the public to provide recommendations for ways 
in which the regulations may be streamlined; and 
‘‘(iii) publishes the study conducted by the National 
Research Council of the National Academy of Sciences 
under section 1106 of the Higher Education Oppor-
tunity Act. 
‘‘(3) CONSULTATION.— 
‘‘(A) IN GENERAL.—In carrying out the review, analysis, 
and development of the website required under paragraph 
(2), the Advisory Committee shall consult with the Sec-
retary, other Federal agencies, relevant representatives of 
institutions of higher education, individuals who have 
expertise and experience with Federal regulations, and the 
review panels described in subparagraph (B). 
‘‘(B) REVIEW PANELS.—The Advisory Committee shall 
convene not less than two review panels of representatives 
of the groups involved in higher education, including 
individuals involved in student financial assistance pro-
grams under this title, who have experience and expertise 
in the regulations issued by the Federal Government that 
affect all sectors of higher education, in order to review 
the regulations and to provide recommendations to the 
Advisory Committee with respect to the review and analysis 
under paragraph (2). The panels shall be made up of 
experts in areas such as the operations of the financial 
assistance programs, the institutional eligibility require-
ments for the financial assistance programs, regulations 
not directly related to the operations or the institutional 
eligibility requirements of the financial assistance pro-
grams, and regulations for dissemination of information 
to students about the financial assistance programs. 
‘‘(4) PERIODIC UPDATES TO THE AUTHORIZING COMMITTEES.— 
The Advisory Committee shall— 
‘‘(A) submit, not later than two years after the comple-
tion of the negotiated rulemaking process required under 
section 492 resulting from the amendments to this Act 
made by the Higher Education Opportunity Act, a report 
to the authorizing committees and the Secretary detailing 
the review panels’ findings and recommendations with 
respect to the review of regulations; and 
‘‘(B) provide periodic updates to the authorizing 
committees regarding— 
‘‘(i) the impact of all Federal regulations on all 
sectors of higher education; and 
‘‘(ii) suggestions provided through the website for 
streamlining or eliminating duplicative regulations. 
‘‘(5) 
ADDITIONAL
SUPPORT.—The 
Secretary 
and 
the 
Inspector General of the Department shall provide such assist-
ance and resources to the Advisory Committee as the Secretary 
and Inspector General determine are necessary to conduct the 
review and analysis required by this subsection. 
Deadline. 
Reports. 
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122 STAT. 3323 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(m) STUDY
OF INNOVATIVE PATHWAYS
TO BACCALAUREATE 
DEGREE ATTAINMENT.— 
‘‘(1) STUDY REQUIRED.—The Advisory Committee shall con-
duct a study of the feasibility of increasing baccalaureate degree 
attainment rates by reducing the costs and financial barriers 
to attaining a baccalaureate degree through innovative pro-
grams. 
‘‘(2) SCOPE
OF
STUDY.—The Advisory Committee shall 
examine new and existing programs that promote baccalaureate 
degree attainment through innovative ways, such as dual or 
concurrent enrollment programs, changes made to the Federal 
Pell Grant program, simplification of the needs analysis process, 
compressed or modular scheduling, articulation agreements, 
and programs that allow two-year institutions of higher edu-
cation to offer baccalaureate degrees. 
‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In performing the 
study described in this subsection, the Advisory Committee 
shall examine the following aspects of such innovative pro-
grams: 
‘‘(A) The impact of such programs on baccalaureate 
attainment rates. 
‘‘(B) The degree to which a student’s total cost of 
attaining a baccalaureate degree can be reduced by such 
programs. 
‘‘(C) The ways in which low- and moderate-income 
students can be specifically targeted by such programs. 
‘‘(D) The ways in which nontraditional students can 
be specifically targeted by such programs. 
‘‘(E) The cost-effectiveness for the Federal Government, 
States, and institutions of higher education to implement 
such programs. 
‘‘(4) CONSULTATION.— 
‘‘(A) IN GENERAL.—In performing the study described 
in this subsection, the Advisory Committee shall consult 
with a broad range of interested parties in higher edu-
cation, including parents, students, appropriate representa-
tives of secondary schools and institutions of higher edu-
cation, appropriate State administrators, administrators of 
dual or concurrent enrollment programs, and appropriate 
Department officials. 
‘‘(B) CONSULTATION WITH THE AUTHORIZING COMMIT-
TEES.—The Advisory Committee shall consult on a regular 
basis with the authorizing committees in carrying out the 
study required by this subsection. 
‘‘(5) REPORTS TO AUTHORIZING COMMITTEES.— 
‘‘(A) INTERIM REPORT.—The Advisory Committee shall 
prepare and submit to the authorizing committees and 
the Secretary an interim report, not later than one year 
after the date of enactment of the Higher Education Oppor-
tunity Act, describing the progress made in conducting 
the study required by this subsection and any preliminary 
findings on the topics identified under paragraph (2). 
‘‘(B) FINAL REPORT.—The Advisory Committee shall, 
not later than three years after the date of enactment 
of the Higher Education Opportunity Act, prepare and 
submit to the authorizing committees and the Secretary 
a final report on the study, including recommendations 
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122 STAT. 3324 
PUBLIC LAW 110–315—AUG. 14, 2008 
for legislative, regulatory, and administrative changes 
based on findings related to the topics identified under 
paragraph (2).’’. 
(b) CONFORMING AMENDMENTS.—Subsections (a)(1), (b), and 
(d)(6) of section 491 (20 U.S.C. 1098) are each amended by striking 
‘‘Congress’’ and inserting ‘‘authorizing committees’’. 
SEC. 494D. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING. 
(a) REGIONAL MEETINGS.—Section 492(a) (20 U.S.C. 1098a(a)) 
is amended— 
(1) in paragraph (1), by inserting ‘‘State student grant 
agencies,’’ after ‘‘institutions of higher education,’’; and 
(2) in paragraph (2), by striking ‘‘, as amended by the 
Higher Education Amendments of 1998’’. 
(b) NEGOTIATED RULEMAKING.—Section 492(b)(1) (20 U.S.C. 
1098a(b)(1)) is amended— 
(1) in the first sentence, by striking ‘‘as amended by the 
Higher Education Amendments of 1998’’; and 
(2) in the third sentence— 
(A) by striking ‘‘To the extent possible, the Secretary’’ 
and inserting ‘‘The Secretary’’; and 
(B) by inserting ‘‘with demonstrated expertise or 
experience in the relevant subjects under negotiation,’’ after 
‘‘select individuals’’. 
SEC. 494E. YEAR 2000 REQUIREMENTS AT THE DEPARTMENT. 
Section 493A (20 U.S.C. 1098c) is repealed. 
SEC. 494F. TECHNICAL AMENDMENT OF INCOME-BASED REPAYMENT. 
Section 493C(b)(1) (20 U.S.C. 1098e(b)(1)) is amended by 
striking ‘‘or is already in default’’ and inserting ‘‘or had been in 
default’’. 
PART H—PROGRAM INTEGRITY 
SEC. 495. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. 
Section 496 (20 U.S.C. 1099b) is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4)(A) such agency or association consistently applies and 
enforces standards that respect the stated mission of the 
institution of higher education, including religious missions, 
and that ensure that the courses or programs of instruction, 
training, or study offered by the institution of higher education, 
including distance education or correspondence courses or pro-
grams, are of sufficient quality to achieve, for the duration 
of the accreditation period, the stated objective for which the 
courses or the programs are offered; and 
‘‘(B) if such agency or association has or seeks to include 
within its scope of recognition the evaluation of the quality 
of institutions or programs offering distance education or cor-
respondence education, such agency or association shall, in 
addition to meeting the other requirements of this subpart, 
demonstrate to the Secretary that— 
‘‘(i) the agency or association’s standards effectively 
address the quality of an institution’s distance education 
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122 STAT. 3325 
PUBLIC LAW 110–315—AUG. 14, 2008 
or correspondence education in the areas identified in para-
graph (5), except that— 
‘‘(I) the agency or association shall not be required 
to have separate standards, procedures, or policies for 
the evaluation of distance education or correspondence 
education institutions or programs in order to meet 
the requirements of this subparagraph; and 
‘‘(II) in the case that the agency or association 
is recognized by the Secretary, the agency or associa-
tion shall not be required to obtain the approval of 
the Secretary to expand its scope of accreditation to 
include distance education or correspondence edu-
cation, provided that the agency or association notifies 
the Secretary in writing of the change in scope; and 
‘‘(ii) the agency or association requires an institution 
that offers distance education or correspondence education 
to have processes through which the institution establishes 
that the student who registers in a distance education 
or correspondence education course or program is the same 
student who participates in and completes the program 
and receives the academic credit;’’; 
(B) in paragraph (5), by amending subparagraph (A) 
to read as follows: 
‘‘(A) success with respect to student achievement in 
relation to the institution’s mission, which may include 
different standards for different institutions or programs, 
as established by the institution, including, as appropriate, 
consideration of State licensing examinations, consideration 
of course completion, and job placement rates;’’; 
(C) by striking paragraph (6) and inserting the fol-
lowing: 
‘‘(6) such an agency or association shall establish and apply 
review procedures throughout the accrediting process, including 
evaluation and withdrawal proceedings, which comply with due 
process procedures that provide— 
‘‘(A) for adequate written specification of— 
‘‘(i) requirements, including clear standards for an 
institution of higher education or program to be accred-
ited; and 
‘‘(ii) identified deficiencies at the institution or pro-
gram examined; 
‘‘(B) for sufficient opportunity for a written response, 
by an institution or program, regarding any deficiencies 
identified by the agency or association to be considered 
by the agency or association— 
‘‘(i) within a timeframe determined by the agency 
or association; and 
‘‘(ii) prior to final action in the evaluation and 
withdrawal proceedings; 
‘‘(C) upon the written request of an institution or pro-
gram, for an opportunity for the institution or program 
to appeal any adverse action under this section, including 
denial, withdrawal, suspension, or termination of accredita-
tion, taken against the institution or program, prior to 
such action becoming final at a hearing before an appeals 
panel that— 
Procedures. 
Notification. 
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122 STAT. 3326 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) shall not include current members of the 
agency’s or association’s underlying decisionmaking 
body that made the adverse decision; and 
‘‘(ii) is subject to a conflict of interest policy; 
‘‘(D) for the right to representation and participation 
by counsel for an institution or program during an appeal 
of the adverse action; 
‘‘(E) for a process, in accordance with written proce-
dures developed by the agency or association, through 
which an institution or program, before a final adverse 
action based solely upon a failure to meet a standard 
or criterion pertaining to finances, may on one occasion 
seek review of significant financial information that was 
unavailable to the institution or program prior to the deter-
mination of the adverse action, and that bears materially 
on the financial deficiencies identified by the agency or 
association; 
‘‘(F) in the case that the agency or association deter-
mines that the new financial information submitted by 
the institution or program under subparagraph (E) meets 
the criteria of significance and materiality described in 
such subparagraph, for consideration by the agency or 
association of the new financial information prior to the 
adverse action described in such subparagraph becoming 
final; and 
‘‘(G) that any determination by the agency or associa-
tion made with respect to the new financial information 
described in subparagraph (E) shall not be separately 
appealable by the institution or program.’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘, including those 
regarding distance education’’ after ‘‘their responsibilities’’; 
(B) by redesignating paragraphs (2) through (6) as 
paragraphs (4) through (8); 
(C) by inserting after paragraph (1) (as amended by 
subparagraph (A)) the following: 
‘‘(2) monitors the growth of programs at institutions that 
are experiencing significant enrollment growth; 
‘‘(3) requires an institution to submit for approval to the 
accrediting agency a teach-out plan upon the occurrence of 
any of the following events: 
‘‘(A) the Department notifies the accrediting agency 
of an action against the institution pursuant to section 
487(f); 
‘‘(B) the accrediting agency acts to withdraw, termi-
nate, or suspend the accreditation of the institution; or 
‘‘(C) the institution notifies the accrediting agency that 
the institution intends to cease operations;’’; 
(D) by striking paragraph (7) (as redesignated by 
subparagraph (B)) and inserting the following: 
‘‘(7) makes available to the public and the State licensing 
or authorizing agency, and submits to the Secretary, a summary 
of agency or association actions, including— 
‘‘(A) the award of accreditation or reaccreditation of 
an institution; 
‘‘(B) final denial, withdrawal, suspension, or termi-
nation of accreditation of an institution, and any findings 
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122 STAT. 3327 
PUBLIC LAW 110–315—AUG. 14, 2008 
made in connection with the action taken, together with 
the official comments of the affected institution; and 
‘‘(C) any other adverse action taken with respect to 
an institution or placement on probation of an institution;’’; 
(E) in paragraph (8) (as redesignated by subparagraph 
(B)), by striking the period and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(9) confirms, as a part of the agency’s or association’s 
review for accreditation or reaccreditation, that the institution 
has transfer of credit policies— 
‘‘(A) that are publicly disclosed; and 
‘‘(B) that include a statement of the criteria established 
by the institution regarding the transfer of credit earned 
at another institution of higher education.’’; 
(3) in subsection (g), by adding at the end the following: 
‘‘Nothing in this section shall be construed to permit the Sec-
retary to establish any criteria that specifies, defines, or pre-
scribes the standards that accrediting agencies or associations 
shall use to assess any institution’s success with respect to 
student achievement.’’; 
(4) in subsection (o), by adding at the end the following: 
‘‘Notwithstanding any other provision of law, the Secretary 
shall not promulgate any regulation with respect to the stand-
ards of an accreditation agency or association described in 
subsection (a)(5).’’; and 
(5) by adding at the end the following new subsection: 
‘‘(p) RULE OF CONSTRUCTION.—Nothing in subsection (a)(5) shall 
be construed to restrict the ability of— 
‘‘(1) an accrediting agency or association to set, with the 
involvement of its members, and to apply, accreditation stand-
ards for or to institutions or programs that seek review by 
the agency or association; or 
‘‘(2) an institution to develop and use institutional stand-
ards to show its success with respect to student achievement, 
which achievement may be considered as part of any accredita-
tion review. 
‘‘(q) REVIEW OF SCOPE CHANGES.—The Secretary shall require 
a review, at the next available meeting of the National Advisory 
Committee on Institutional Quality and Integrity, of any change 
in scope undertaken by an agency or association under subsection 
(a)(4)(B)(i)(II) if the enrollment of an institution that offers distance 
education or correspondence education that is accredited by such 
agency or association increases by 50 percent or more within any 
one institutional fiscal year.’’. 
SEC. 496. ELIGIBILITY AND CERTIFICATION PROCEDURES. 
Section 498 (20 U.S.C. 1099c) is amended— 
(1) in subsection (d)(1)(B), by inserting ‘‘and’’ after the 
semicolon; and 
(2) by adding at the end the following: 
‘‘(k) TREATMENT OF TEACH-OUTS AT ADDITIONAL LOCATIONS.— 
‘‘(1) IN
GENERAL.—A location of a closed institution of 
higher education shall be eligible as an additional location 
of an eligible institution of higher education, as defined pursu-
ant to regulations of the Secretary, for the purposes of a teach- 
out described in section 487(f), if such teach-out has been 
approved by the institution’s accrediting agency. 
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122 STAT. 3328 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) SPECIAL RULE.—An institution of higher education that 
conducts a teach-out through the establishment of an additional 
location described in paragraph (1) shall be permitted to estab-
lish a permanent additional location at a closed institution 
and shall not be required— 
‘‘(A) to meet the requirements of sections 102(b)(1)(E) 
and 102(c)(1)(C) for such additional location; or 
‘‘(B) to assume the liabilities of the closed institution.’’. 
SEC. 497. PROGRAM REVIEW AND DATA. 
Section 498A(b) (20 U.S.C. 1099c–1(b)) is amended— 
(1) in paragraph (4), by striking ‘‘and’’ after the semicolon; 
(2) in paragraph (5) by striking the period and inserting 
a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) provide to an institution of higher education an ade-
quate opportunity to review and respond to any program review 
report and relevant materials related to the report before any 
final program review report is issued; 
‘‘(7) review and take into consideration an institution of 
higher education’s response in any final program review report 
or audit determination, and include in the report or determina-
tion— 
‘‘(A) a written statement addressing the institution 
of higher education’s response; 
‘‘(B) a written statement of the basis for such report 
or determination; and 
‘‘(C) a copy of the institution’s response; and 
‘‘(8) maintain and preserve at all times the confidentiality 
of any program review report until the requirements of para-
graphs (6) and (7) are met, and until a final program review 
is issued, other than to the extent required to comply with 
paragraph (5), except that the Secretary shall promptly disclose 
any and all program review reports to the institution of higher 
education under review.’’. 
SEC. 498. REVIEW OF REGULATIONS. 
Section 498B (20 U.S.C. 1099c–2) is amended by striking sub-
section (d). 
PART I—COMPETITIVE LOAN AUCTION PILOT 
PROGRAM 
SEC. 499. COMPETITIVE LOAN AUCTION PILOT PROGRAM EVALUATION. 
Section 499 (20 U.S.C. 1099d) is amended— 
(1) in subsection (b)(3)— 
(A) in subparagraph (B)— 
(i) in clause (i), by striking ‘‘and’’ after the semi-
colon; 
(ii) in clause (ii), by striking the period at the 
end of the sentence and inserting ‘‘; and’’; and 
(iii) by adding at the end the following: 
‘‘(iii) a commitment from such eligible lender that, 
if the lender has a winning bid under subparagraph 
(F), the lender will enter into the agreement required 
under subparagraph (G).’’; 
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122 STAT. 3329 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) by striking subparagraph (G) and inserting the 
following: 
‘‘(G) AGREEMENT WITH SECRETARY; COMPLIANCE.— 
‘‘(i) AGREEMENT.—Each eligible lender having a 
winning bid under subparagraph (F) shall enter into 
an agreement with the Secretary under which the 
eligible lender— 
‘‘(I) agrees to originate eligible Federal PLUS 
Loans under this paragraph to each borrower 
who— 
‘‘(aa) seeks an eligible Federal PLUS Loan 
under this paragraph to enable a dependent 
student to attend an institution of higher edu-
cation within the State; 
‘‘(bb) is eligible for an eligible Federal 
PLUS Loan; and 
‘‘(cc) elects to borrow from the eligible 
lender; and 
‘‘(II) agrees to accept a special allowance pay-
ment 
(after 
the 
application 
of 
section 
438(b)(2)(I)(v)) from the Secretary with respect to 
the eligible Federal PLUS Loans originated under 
subclause (I) in the amount proposed in the second 
lowest winning bid described in subparagraph (F) 
for the applicable State auction. 
‘‘(ii) COMPLIANCE.—If an eligible lender with a win-
ning bid under subparagraph (F) fails to enter into 
the agreement required under clause (i), or fails to 
comply with the terms of such agreement, the Sec-
retary may sanction such eligible lender through one 
or more of the following: 
‘‘(I) The assessment of a penalty on such 
eligible lender for any eligible Federal PLUS Loans 
that such eligible lender fails to originate under 
this paragraph in accordance with the agreement 
required under clause (i), in the amount of the 
additional costs (including the amounts of any 
increase in special allowance payments) incurred 
by the Secretary in obtaining another eligible 
lender to originate such eligible Federal PLUS 
Loans. The Secretary shall collect such penalty 
by— 
‘‘(aa) reducing the amount of any pay-
ments otherwise due to such eligible lender 
from the Secretary by the amount of the pen-
alty; or 
‘‘(bb) requesting any other Federal agency 
to reduce the amount of any payments due 
to such eligible lender from such agency by 
the amount of the penalty, in accordance with 
section 3716 of title 31, United States Code. 
‘‘(II) A prohibition of bidding by such lender 
in other auctions under this section. 
‘‘(III) The limitation, suspension, or termi-
nation of such eligible lender’s participation in the 
loan program under part B. 
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122 STAT. 3330 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(IV) Any other enforcement action the Sec-
retary is authorized to take under part B.’’; and 
(C) by striking subparagraph (J) and inserting the 
following: 
‘‘(J) GUARANTEE AGAINST LOSSES.—Each eligible Fed-
eral PLUS Loan originated under this paragraph shall 
be insured by a guaranty agency in accordance with part 
B, except that, notwithstanding section 428(b)(1)(G), such 
insurance shall be in an amount equal to 99 percent of 
the unpaid principal and interest due on the loan.’’; and 
(2) by adding at the end the following new subsections: 
‘‘(c) REQUIRED INITIAL EVALUATION.—The Secretary and Sec-
retary of the Treasury shall jointly conduct an evaluation, in con-
sultation with the Office of Management and Budget, the Congres-
sional Budget Office, and the Comptroller General, of the pilot 
program carried out by the Secretary under this section. The evalua-
tion shall determine— 
‘‘(1) the extent of the savings to the Federal Government 
that are generated through the pilot program, compared to 
the cost the Federal Government would have incurred in oper-
ating the PLUS loan program under section 428B in the absence 
of the pilot program; 
‘‘(2) the number of lenders that participated in the pilot 
program, and the extent to which the pilot program generated 
competition among lenders to participate in the auctions under 
the pilot program; 
‘‘(3) the number and volume of loans made under the 
pilot program in each State; 
‘‘(4) the effect of the transition to and operation of the 
pilot program on the ability of— 
‘‘(A) lenders participating in the pilot program to origi-
nate loans made through the pilot program smoothly and 
efficiently; 
‘‘(B) institutions of higher education participating in 
the pilot program to disburse loans made through the pilot 
program smoothly and efficiently; and 
‘‘(C) parents to obtain loans made through the pilot 
program in a timely and efficient manner; 
‘‘(5) the differential impact, if any, of the auction among 
the States, including between rural and non-rural States; and 
‘‘(6) the feasibility of using the mechanism piloted to 
operate the other loan programs under part B of this title. 
‘‘(d) REPORTS.— 
‘‘(1) IN GENERAL.—The Secretary and the Secretary of the 
Treasury shall submit to the authorizing committees— 
‘‘(A) not later than September 1, 2010, a preliminary 
report regarding the findings of the evaluation described 
in subsection (c); 
‘‘(B) not later than September 1, 2012, an interim 
report regarding such findings; and 
‘‘(C) not later than September 1, 2013, a final report 
regarding such findings. 
‘‘(2) CONTENTS.—The Secretary shall include, in each report 
required under subparagraphs (A), (B), and (C) of paragraph 
(1), any recommendations, that are based on the findings of 
the evaluation under subsection (c), for— 
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122 STAT. 3331 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) improving the operation and administration of 
the auction; and 
‘‘(B) improving the operation and administration of 
other loan programs under part B.’’. 
TITLE V—DEVELOPING INSTITUTIONS 
SEC. 501. AUTHORIZED ACTIVITIES. 
Section 503(b) (20 U.S.C. 1101b(b)) is amended— 
(1) by redesignating paragraphs (6), (7), (8), (9), (10), (11), 
(12), (13), and (14), as paragraphs (7), (8), (9), (10), (11), (12), 
(13), (14), and (16), respectively; 
(2) in paragraph (5), by inserting ‘‘, including innovative 
and customized instruction courses (which may include 
remedial education and English language instruction) designed 
to help retain students and move the students rapidly into 
core courses and through program completion’’ before the period 
at the end; 
(3) by inserting after paragraph (5) the following: 
‘‘(6) Articulation agreements and student support programs 
designed to facilitate the transfer from two-year to four-year 
institutions.’’; 
(4) by inserting after paragraph (14) (as redesignated by 
paragraph (1)) the following: 
‘‘(15) Providing education, counseling services, or financial 
information designed to improve the financial literacy and eco-
nomic literacy of students or the students’ families, especially 
with regard to student indebtedness and student assistance 
programs under title IV.’’; and 
(5) in paragraph (11) (as redesignated by paragraph (1)), 
by striking ‘‘distance learning academic instruction capabilities’’ 
and inserting ‘‘distance education technologies’’. 
SEC. 502. POSTBACCALAUREATE OPPORTUNITIES FOR HISPANIC 
AMERICANS. 
(a) AMENDMENTS.—Title V (20 U.S.C. 1101 et seq.) is 
amended— 
(1) by redesignating part B as part C; 
(2) by redesignating sections 511 through 518 as sections 
521 through 528, respectively; and 
(3) by inserting after section 505 the following: 
‘‘PART B—PROMOTING POSTBACCALAUREATE 
OPPORTUNITIES FOR HISPANIC AMERICANS 
‘‘SEC. 511. PURPOSES. 
‘‘The purposes of this part are— 
‘‘(1) to expand postbaccalaureate educational opportunities 
for, and improve the academic attainment of, Hispanic students; 
and 
‘‘(2) to expand the postbaccalaureate academic offerings 
and enhance the program quality in the institutions of higher 
education that are educating the majority of Hispanic college 
students and helping large numbers of Hispanic and low-income 
students complete postsecondary degrees. 
20 USC 1102. 
20 USC 
1103–1103g. 
20 USC 1103. 
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122 STAT. 3332 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 512. PROGRAM AUTHORITY AND ELIGIBILITY. 
‘‘(a) PROGRAM AUTHORIZED.—Subject to the availability of funds 
appropriated to carry out this part, the Secretary shall award 
grants, on a competitive basis, to eligible institutions to enable 
the eligible institutions to carry out the authorized activities 
described in section 513. 
‘‘(b) ELIGIBILITY.—For the purposes of this part, an ‘eligible 
institution’ means an institution of higher education that— 
‘‘(1) is a Hispanic-serving institution (as defined in section 
502); and 
‘‘(2) 
offers 
a 
postbaccalaureate 
certificate 
or 
postbaccalaureate degree granting program. 
‘‘SEC. 513. AUTHORIZED ACTIVITIES. 
‘‘Grants awarded under this part shall be used for one or 
more of the following activities: 
‘‘(1) Purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional and 
research purposes. 
‘‘(2) Construction, maintenance, renovation, and improve-
ment of classrooms, libraries, laboratories, and other instruc-
tional facilities, including purchase or rental of telecommuni-
cations technology equipment or services. 
‘‘(3) Purchase of library books, periodicals, technical and 
other scientific journals, microfilm, microfiche, and other edu-
cational materials, including telecommunications program 
materials. 
‘‘(4) Support for low-income postbaccalaureate students 
including outreach, academic support services, mentoring, 
scholarships, fellowships, and other financial assistance to 
permit the enrollment of such students in postbaccalaureate 
certificate and postbaccalaureate degree granting programs. 
‘‘(5) Support of faculty exchanges, faculty development, fac-
ulty research, curriculum development, and academic instruc-
tion. 
‘‘(6) Creating or improving facilities for Internet or other 
distance education technologies, including purchase or rental 
of telecommunications technology equipment or services. 
‘‘(7) Collaboration with other institutions of higher edu-
cation 
to 
expand 
postbaccalaureate 
certificate 
and 
postbaccalaureate degree offerings. 
‘‘(8) Other activities proposed in the application submitted 
pursuant to section 514 that— 
‘‘(A) contribute to carrying out the purposes of this 
part; and 
‘‘(B) are approved by the Secretary as part of the 
review and acceptance of such application. 
‘‘SEC. 514. APPLICATION AND DURATION. 
‘‘(a) APPLICATION.—Any eligible institution may apply for a 
grant under this part by submitting an application to the Secretary 
at such time and in such manner as the Secretary may require. 
Such application shall demonstrate how the grant funds will be 
used to improve postbaccalaureate education opportunities for His-
panic and low-income students. 
‘‘(b) DURATION.—Grants under this part shall be awarded for 
a period not to exceed five years. 
20 USC 1102c. 
20 USC 1102b. 
Grants. 
20 USC 1102a. 
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122 STAT. 3333 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(c) LIMITATION.—The Secretary may not award more than 
one grant under this part in any fiscal year to any Hispanic- 
serving institution.’’. 
(b) CONFORMING AMENDMENTS.—Title V (20 U.S.C. 1101 et 
seq.) is amended— 
(1) in section 502— 
(A) in subsection (a)(2)(A)(ii), by striking ‘‘section 
512(b)’’ and inserting ‘‘section 522(b)’’; and 
(B) in subsection (b)(2), by striking ‘‘section 512(a)’’ 
and inserting ‘‘section 522(a)’’; 
(2) in section 521(c)(6) (as redesignated by subsection 
(a)(2)), by striking ‘‘section 516’’ and inserting ‘‘section 526’’; 
and 
(3) in section 526 (as redesignated by subsection (a)(2)), 
by striking ‘‘section 518’’ and inserting ‘‘section 528’’. 
SEC. 503. APPLICATIONS. 
Section 521(b)(1)(A) (as redesignated by section 502(a)(2)) (20 
U.S.C. 1103(b)(1)(A)) is amended by striking ‘‘subsection (b)’’ and 
inserting ‘‘subsection (c)’’. 
SEC. 504. COOPERATIVE ARRANGEMENTS. 
Section 524(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 
1103c(a)) is amended by striking ‘‘section 503’’ and inserting ‘‘sec-
tions 503 and 513’’. 
SEC. 505. AUTHORIZATION OF APPROPRIATIONS. 
Section 528(a) (as redesignated by section 502(a)(2)) (20 U.S.C. 
1103g(a)) is amended to read as follows: 
‘‘(a) AUTHORIZATIONS.— 
‘‘(1) PARTS A AND C.—There are authorized to be appro-
priated to carry out parts A and C $175,000,000 for fiscal 
year 2009 and such sums as may be necessary for each of 
the five succeeding fiscal years. 
‘‘(2) PART B.—There are authorized to be appropriated to 
carry out part B $100,000,000 for fiscal year 2009 and such 
sums as may be necessary for each of the five succeeding 
fiscal years.’’. 
TITLE VI—INTERNATIONAL EDUCATION 
PROGRAMS 
SEC. 601. FINDINGS; PURPOSES; CONSULTATION; SURVEY. 
Section 601 (20 U.S.C. 1121) is amended— 
(1) in the section heading, by striking ‘‘AND PURPOSES’’ 
and inserting ‘‘; PURPOSES; CONSULTATION; SURVEY’’; 
(2) in subsection (a)(3), by striking ‘‘post-Cold War’’; 
(3) in subsection (b)(1)(D), by inserting ‘‘, including through 
linkages with overseas institutions’’ before the semicolon; and 
(4) by adding at the end the following: 
‘‘(c) CONSULTATION.— 
‘‘(1) IN GENERAL.—The Secretary shall, prior to requesting 
applications for funding under this title during each grant 
cycle, consult with and receive recommendations regarding 
national need for expertise in foreign languages and world 
20 USC 1103e. 
20 USC 1103. 
20 USC 1101a. 
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122 STAT. 3334 
PUBLIC LAW 110–315—AUG. 14, 2008 
regions from the head officials of a wide range of Federal 
agencies. 
‘‘(2) CONSIDERING RECOMMENDATIONS; PROVIDING INFORMA-
TION.—The Secretary— 
‘‘(A) may take into account the recommendations 
described in paragraph (1); and 
‘‘(B) shall— 
‘‘(i) provide information collected under paragraph 
(1) when requesting applications for funding under 
this title; and 
‘‘(ii) make available to applicants a list of areas 
identified as areas of national need. 
‘‘(d) SURVEY.—The Secretary shall assist grantees in developing 
a survey to administer to students who have completed programs 
under this title to determine postgraduate employment, education, 
or training. All grantees, where applicable, shall administer such 
survey once every two years and report survey results to the Sec-
retary.’’. 
SEC. 602. GRADUATE AND UNDERGRADUATE LANGUAGE AND AREA 
CENTERS AND PROGRAMS. 
Section 602 (20 U.S.C. 1122) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking subparagraph (A) 
and inserting the following: 
‘‘(A) IN GENERAL.—The Secretary is authorized to make 
grants to institutions of higher education or consortia of 
such institutions for the purpose of establishing, strength-
ening, and operating— 
‘‘(i) comprehensive foreign language and area or 
international studies centers and programs; and 
‘‘(ii) a diverse network of undergraduate foreign 
language and area or international studies centers and 
programs.’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘and’’ at the end of subparagraph 
(G); 
(ii) by striking the period at the end of subpara-
graph (H) and inserting a semicolon; and 
(iii) by inserting after subparagraph (H) the fol-
lowing new subparagraphs: 
‘‘(I) supporting instructors of the less commonly taught 
languages; and 
‘‘(J) projects that support students in the science, tech-
nology, engineering, and mathematics fields to achieve for-
eign language proficiency.’’; and 
(C) in paragraph (4)— 
(i) in subparagraph (C)— 
(I) by striking ‘‘Programs of linkage or out-
reach’’ and inserting ‘‘Partnerships or programs 
of linkage and outreach’’; and 
(II) by inserting ‘‘, including Federal or State 
scholarship programs for students in related areas’’ 
before the period at the end; 
(ii) in subparagraph (E)— 
(I) by striking ‘‘foreign area’’ and inserting 
‘‘area studies’’; 
Grants. 
Deadline. 
Reports. 
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122 STAT. 3335 
PUBLIC LAW 110–315—AUG. 14, 2008 
(II) by striking ‘‘of linkage and outreach’’; and 
(III) by striking ‘‘(C), and (D)’’ and inserting 
‘‘(D), and (E)’’; 
(iii) by redesignating subparagraphs (C) through 
(E) (as so amended) as subparagraphs (D) through 
(F), respectively; and 
(iv) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) Programs of linkage or outreach between or 
among— 
‘‘(i) postsecondary programs or departments in for-
eign language, area studies, or other international 
fields; and 
‘‘(ii) State educational agencies or local educational 
agencies.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking ‘‘GRADUATE’’; 
and 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) ELIGIBLE STUDENTS.—A student receiving a stipend 
described in paragraph (1) shall be engaged— 
‘‘(A) in an instructional program with stated perform-
ance goals for functional foreign language use or in a 
program developing such performance goals, in combination 
with area studies, international studies, or the inter-
national aspects of a professional studies program; and 
‘‘(B)(i) in the case of an undergraduate student, in 
the intermediate or advanced study of a less commonly 
taught language; or 
‘‘(ii) in the case of a graduate student, in graduate 
study in connection with a program described in subpara-
graph (A), including— 
‘‘(I) predissertation level study; 
‘‘(II) preparation for dissertation research; 
‘‘(III) dissertation research abroad; or 
‘‘(IV) dissertation writing.’’; and 
(3) by striking subsection (d) and inserting the following: 
‘‘(d) ALLOWANCES.— 
‘‘(1) GRADUATE LEVEL RECIPIENTS.—A stipend awarded to 
a graduate level recipient may include allowances for depend-
ents and for travel for research and study in the United States 
and abroad. 
‘‘(2) 
UNDERGRADUATE
LEVEL
RECIPIENTS.—A 
stipend 
awarded to an undergraduate level recipient may include an 
allowance for educational programs in the United States or 
educational programs abroad that— 
‘‘(A) are closely linked to the overall goals of the recipi-
ent’s course of study; and 
‘‘(B) have the purpose of promoting foreign language 
fluency and knowledge of foreign cultures. 
‘‘(e) APPLICATION.—Each institution of higher education or 
consortium of such institutions desiring a grant under this section 
shall submit an application to the Secretary at such time, in such 
manner, and accompanied by such information and assurances as 
the Secretary may require. Each such application shall include— 
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122 STAT. 3336 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) an explanation of how the activities funded by the 
grant will reflect diverse perspectives and a wide range of 
views and generate debate on world regions and international 
affairs; and 
‘‘(2) a description of how the applicant will encourage 
government service in areas of national need, as identified 
by the Secretary, as well as in areas of need in the education, 
business, and nonprofit sectors.’’. 
SEC. 603. LANGUAGE RESOURCE CENTERS. 
Section 603(c) (20 U.S.C. 1123(c)) is amended by inserting 
‘‘reflect the purposes of this part and’’ after ‘‘shall’’. 
SEC. 604. UNDERGRADUATE INTERNATIONAL STUDIES AND FOREIGN 
LANGUAGE PROGRAMS. 
Section 604 (20 U.S.C. 1124) is amended— 
(1) in subsection (a)(1), by striking ‘‘combinations’’ each 
place it appears and inserting ‘‘consortia’’; 
(2) in subsection (a)(2)— 
(A) in subparagraph (B), by amending clause (ii) to 
read as follows: 
‘‘(ii) pre-service teacher training and in-service 
teacher professional development;’’; 
(B) by redesignating subparagraphs (I) through (M) 
as subparagraphs (J) through (N), respectively; and 
(C) by inserting after subparagraph (H) the following 
new subparagraph: 
‘‘(I) the provision of grants for educational programs 
abroad that— 
‘‘(i) are closely linked to the program’s overall 
goals; and 
‘‘(ii) have the purpose of promoting foreign lan-
guage fluency and knowledge of world regions;’’; 
(3) in subsection (a)(4)(B), by inserting ‘‘that demonstrates 
a need for a waiver or reduction’’ before the period at the 
end; 
(4) in subsection (a)(6), by inserting ‘‘reflect the purposes 
of this part and’’ after ‘‘shall’’; 
(5) in subsection (a)(7)— 
(A) in subparagraph (C), by striking ‘‘and’’ after the 
semicolon; 
(B) in subparagraph (D), by striking the period at 
the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(E) a description of how the applicant will provide 
information to students regarding federally funded scholar-
ship programs in related areas; 
‘‘(F) an explanation of how the activities funded by 
the grant will reflect diverse perspectives and a wide range 
of views and generate debate on world regions and inter-
national affairs, where applicable; and 
‘‘(G) a description of how the applicant will encourage 
service in areas of national need, as identified by the Sec-
retary.’’; and 
(6) in subsection (c)— 
(A) by striking ‘‘(c) FUNDING SUPPORT.—The Secretary’’ 
and inserting the following: 
‘‘(c) FUNDING SUPPORT.— 
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122 STAT. 3337 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) IN GENERAL.—The Secretary’’; 
(B) by striking ‘‘10’’ and inserting ‘‘20’’; and 
(C) by adding at the end the following: 
‘‘(2) GRANTEES.—Of the total amount of grant funds 
awarded to a grantee under this section, the grantee may 
use not more than ten percent of such funds for the activity 
described in subsection (a)(2)(I).’’. 
SEC. 605. RESEARCH; STUDIES. 
Section 605(a) (20 U.S.C. 1125(a)) is amended— 
(1) in paragraph (8), by striking ‘‘and’’ after the semicolon; 
(2) in paragraph (9), by striking the period and inserting 
a semicolon; and 
(3) by adding at the end the following: 
‘‘(10) evaluation of the extent to which programs assisted 
under this title reflect diverse perspectives and a wide range 
of views and generate debate on world regions and international 
affairs, as described in the grantee’s application; 
‘‘(11) the systematic collection, analysis, and dissemination 
of data that contribute to achieving the purposes of this part; 
and 
‘‘(12) support for programs or activities to make data col-
lected, analyzed, or disseminated under this section publicly 
available and easy to understand.’’. 
SEC. 606. TECHNOLOGICAL INNOVATION AND COOPERATION FOR FOR-
EIGN INFORMATION ACCESS. 
Section 606 (20 U.S.C. 1126) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or consortia of such institutions or 
libraries’’ and inserting ‘‘or partnerships between such 
institutions and other such institutions, libraries, or non-
profit educational organizations’’; 
(B) by striking ‘‘new electronic technologies’’ and 
inserting ‘‘electronic technologies’’; 
(C) by inserting ‘‘from foreign sources’’ after ‘‘dissemi-
nate information’’; 
(D) by striking ‘‘(a) AUTHORITY.— The Secretary’’ and 
inserting the following: 
‘‘(a) AUTHORITY.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(E) by adding at the end the following: 
‘‘(2) GRANT RECIPIENTS.—The Secretary may award grants 
under this section to carry out the activities authorized under 
this section to the following: 
‘‘(A) An institution of higher education. 
‘‘(B) A public or nonprofit private library. 
‘‘(C) A partnership of an institution of higher education 
and one or more of the following: 
‘‘(i) Another institution of higher education. 
‘‘(ii) A library. 
‘‘(iii) A nonprofit educational organization.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘to facilitate access 
to’’ and inserting ‘‘to acquire, facilitate access to,’’; 
(B) in paragraph (3), by inserting ‘‘or standards for’’ 
after ‘‘means of’’; 
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122 STAT. 3338 
PUBLIC LAW 110–315—AUG. 14, 2008 
(C) in paragraph (6), by striking ‘‘and’’ after the semi-
colon; 
(D) in paragraph (7), by striking the period and 
inserting a semicolon; and 
(E) by adding at the end the following: 
‘‘(8) to establish linkages to facilitate carrying out the 
activities described in this subsection between— 
‘‘(A) the institutions of higher education, libraries, and 
partnerships receiving grants under this section; and 
‘‘(B) institutions of higher education, nonprofit edu-
cational organizations, and libraries overseas; and 
‘‘(9) to carry out other activities that the Secretary deter-
mines are consistent with the purpose of the grants awarded 
under this section.’’; and 
(3) in subsection (c), by striking ‘‘institution or consortium’’ 
and inserting ‘‘institution of higher education, library, or part-
nership’’. 
SEC. 607. SELECTION OF CERTAIN GRANT RECIPIENTS. 
Section 607 (20 U.S.C. 1127) is amended— 
(1) in subsection (a), by striking ‘‘evaluates the applications 
for comprehensive and undergraduate language and area cen-
ters and programs.’’ and inserting ‘‘evaluates— 
‘‘(1) the applications for comprehensive foreign language 
and area or international studies centers and programs; and 
‘‘(2) the applications for undergraduate foreign language 
and area or international studies centers and programs.’’; and 
(2) in subsection (b), by adding at the end the following: 
‘‘In keeping with the purposes of this part, the Secretary shall 
take into account the degree to which activities of centers, 
programs, and fellowships at institutions of higher education 
address national needs, and generate information for and 
disseminate information to the public. The Secretary shall also 
consider an applicant’s record of placing students into post-
graduate employment, education, or training in areas of 
national need and an applicant’s stated efforts to increase the 
number of such students that go into such placements.’’. 
SEC. 608. AMERICAN OVERSEAS RESEARCH CENTERS. 
Section 609 (20 U.S.C. 1128a) is amended by adding at the 
end the following: 
‘‘(e) APPLICATION.—Each center desiring to receive a grant or 
contract under this section shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by such 
information and assurances as the Secretary may require.’’. 
SEC. 609. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
AND FOREIGN LANGUAGE STUDIES. 
Section 610 (20 U.S.C. 1128b) is amended— 
(1) by striking ‘‘$80,000,000’’ and inserting ‘‘such sums 
as may be necessary’’; 
(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(3) by striking ‘‘4’’ and inserting ‘‘five’’. 
SEC. 610. CONFORMING AMENDMENTS. 
(a) Sections 603(a), 604(a)(5), and 612 (20 U.S.C. 1123(a), 
1124(a)(5), 1130–1) are each amended by striking ‘‘combinations’’ 
each place it appears and inserting ‘‘consortia’’. 
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122 STAT. 3339 
PUBLIC LAW 110–315—AUG. 14, 2008 
(b) Section 612 (20 U.S.C. 1130–1) is further amended by 
striking ‘‘combination’’ each place it appears and inserting ‘‘consor-
tium’’. 
SEC. 611. BUSINESS AND INTERNATIONAL EDUCATION PROGRAMS. 
(a) CENTERS FOR INTERNATIONAL BUSINESS EDUCATION.—Sec-
tion 612 (20 U.S.C. 1130–1) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) and (2) as para-
graphs (2) and (3), respectively; and 
(B) by inserting before paragraph (2) (as redesignated 
by subparagraph (A)) the following: 
‘‘(1) PURPOSE.—The purpose of this section is to coordinate 
the programs of the Federal Government in the areas of 
research, education, and training in international business and 
trade competitiveness.’’; 
(2) in subsection (c)(2)—— 
(A) in subparagraph (E), by inserting ‘‘(including those 
that are eligible to receive assistance under part A or 
B of title III or under title V)’’ after ‘‘other institutions 
of higher education’’; 
(B) by striking ‘‘and’’ at the end of subparagraph (E); 
(C) by redesignating subparagraph (F) as subparagraph 
(G); and 
(D) by inserting the following new subparagraph after 
subparagraph (E): 
‘‘(F) programs encouraging the advancement and 
understanding of technology-related disciplines, including 
manufacturing software systems and technology manage-
ment; and’’; and 
(3) in subsection (f)(3), by inserting ‘‘, and that diverse 
perspectives will be made available to students in programs 
under this section’’ before the semicolon. 
(b) EDUCATION AND TRAINING PROGRAMS.—Section 613(c) (20 
U.S.C. 1130a(c)) is amended by adding at the end the following: 
‘‘Each such application shall include an assurance that, where 
applicable, the activities funded by the grant will reflect diverse 
perspectives and a wide range of views on world regions and inter-
national affairs.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 614 (20 U.S.C. 
1130b) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘$11,000,000’’ and inserting ‘‘such sums 
as may be necessary’’; 
(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(C) by striking ‘‘4’’ and inserting ‘‘five’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘$7,000,000’’ and inserting ‘‘such sums 
as may be necessary’’; 
(B) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(C) by striking ‘‘4’’ and inserting ‘‘five’’. 
SEC. 612. MINORITY FOREIGN SERVICE PROFESSIONAL DEVELOPMENT 
PROGRAM. 
Section 621 (20 U.S.C. 1131) is amended— 
(1) in subsection (a), by striking the second sentence and 
inserting the following: ‘‘The Institute shall conduct a program 
to enhance the international competitiveness of the United 
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122 STAT. 3340 
PUBLIC LAW 110–315—AUG. 14, 2008 
States by increasing the participation of underrepresented 
populations in the international service, including private inter-
national voluntary organizations and the foreign service of the 
United States.’’; 
(2) in subsection (b)(1)— 
(A) by striking subparagraph (B); 
(B) by redesignating subparagraph (C) as subpara-
graph (D); and 
(C) by inserting after subparagraph (A) the following: 
‘‘(B) A tribally controlled college or university or Alaska 
Native or Native Hawaiian-serving institution eligible for 
assistance under part A or B of title III, or an institution 
eligible for assistance under title V. 
‘‘(C) An institution of higher education that serves 
substantial numbers of underrepresented minority stu-
dents.’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘(c) APPLICATION.—Each’’ and inserting 
the following: 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—Each’’; and 
(B) by adding at the end the following: 
‘‘(2) CONTENT OF APPLICATION.—Each application submitted 
under paragraph (1) shall include a description of how the 
activities funded by the grant will reflect diverse perspectives 
and a wide range of views and generate debate on world regions 
and international affairs, where applicable.’’. 
SEC. 613. INSTITUTIONAL DEVELOPMENT. 
Section 622 (20 U.S.C. 1131–1) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Tribally Controlled Colleges or Univer-
sities’’ and inserting ‘‘tribally controlled colleges or univer-
sities’’; and 
(B) by striking ‘‘international affairs programs.’’ and 
inserting ‘‘international affairs, international business, and 
foreign language study programs, including the teaching 
of foreign languages, at such colleges, universities, and 
institutions, respectively, which may include collaboration 
with institutions of higher education that receive funding 
under this title’’; and 
(2) in subsection (c)— 
(A) by striking paragraphs (1) and (3); 
(B) by redesignating paragraphs (2) and (4) as para-
graphs (1) and (2), respectively; and 
(C) in paragraph (1) (as redesignated by subparagraph 
(B)), by inserting ‘‘and’’ after the semicolon. 
SEC. 614. STUDY ABROAD PROGRAM. 
Section 623(a) (20 U.S.C. 1131a(a)) is amended— 
(1) by striking ‘‘as defined in section 322 of this Act’’; 
and 
(2) by striking ‘‘tribally controlled Indian community col-
leges as defined in the Tribally Controlled Community College 
Assistance Act of 1978’’ and inserting ‘‘tribally controlled col-
leges or universities, Alaska Native-serving, Native Hawaiian- 
serving, and Hispanic-serving institutions’’. 
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122 STAT. 3341 
PUBLIC LAW 110–315—AUG. 14, 2008 
SEC. 615. ADVANCED DEGREE IN INTERNATIONAL RELATIONS. 
Section 624 (20 U.S.C. 1131b) is amended— 
(1) by striking ‘‘MASTERS’’ in the heading of such section 
and inserting ‘‘ADVANCED’’; 
(2) by striking ‘‘a masters degree in international relations’’ 
and inserting ‘‘an advanced degree in international relations, 
international affairs, international economics, or other academic 
areas related to the Institute fellow’s career objectives’’; and 
(3) by striking ‘‘The masters degree program designed by 
the consortia’’ and inserting ‘‘The advanced degree study pro-
gram shall be designed by the consortia, consistent with the 
fellow’s career objectives, and’’. 
SEC. 616. INTERNSHIPS. 
Section 625 (20 U.S.C. 1131c) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘as defined in section 322 of this Act’’; 
(B) by striking ‘‘tribally controlled Indian community 
colleges as defined in the Tribally Controlled Community 
College Assistance Act of 1978’’ and inserting ‘‘tribally con-
trolled colleges or universities, Alaska Native-serving, 
Native Hawaiian-serving, and Hispanic-serving institu-
tions’’; 
(C) by striking ‘‘an international’’ and inserting ‘‘inter-
national,’’; and 
(D) by striking ‘‘the United States Information Agency’’ 
and inserting ‘‘the Department of State’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘and’’ after the semicolon at the end 
of paragraph (2); 
(B) by striking ‘‘; and’’ at the end of paragraph (3) 
and inserting a period; and 
(C) by striking paragraph (4); and 
(3) in subsection (c)(1)— 
(A) in subparagraph (E), by inserting ‘‘and’’ after the 
semicolon; 
(B) in subparagraph (F), by striking ‘‘; and’’ and 
inserting a period; and 
(C) by striking subparagraph (G). 
SEC. 617. FINANCIAL ASSISTANCE. 
Part C of title VI (20 U.S.C. 1131 et seq.) is further amended— 
(1) by redesignating sections 626, 627, and 628 as sections 
627, 628, and 629, respectively; and 
(2) by inserting after section 625 the following: 
‘‘SEC. 626. FINANCIAL ASSISTANCE. 
‘‘(a) AUTHORITY.—The Institute may provide financial assist-
ance, in the form of summer stipends described in subsection (b) 
and Ralph Bunche scholarship assistance described in subsection 
(c), to low-income students to facilitate the participation of the 
students in the Institute’s programs under this part. 
‘‘(b) SUMMER STIPENDS.— 
‘‘(1) REQUIREMENTS.—A student receiving a summer sti-
pend under this section shall use such stipend to defray the 
student’s cost of participation in a summer institute program 
funded under this part, including the costs of travel, living, 
20 USC 1131c–1. 
20 USC 
1131d–1131f. 
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122 STAT. 3342 
PUBLIC LAW 110–315—AUG. 14, 2008 
and educational expenses necessary for the student’s participa-
tion in such program. 
‘‘(2) AMOUNT.—A summer stipend awarded to a student 
under this section shall not exceed $3,000 per summer. 
‘‘(c) RALPH BUNCHE SCHOLARSHIP.— 
‘‘(1) REQUIREMENTS.—A student receiving a Ralph Bunche 
scholarship under this section— 
‘‘(A) shall be a full-time student at an institution of 
higher education who is accepted into a program funded 
under this part; and 
‘‘(B) shall use such scholarship to pay costs related 
to the cost of attendance, as defined in section 472, at 
the institution of higher education in which the student 
is enrolled. 
‘‘(2) AMOUNT AND DURATION.—A Ralph Bunche scholarship 
awarded to a student under this section shall not exceed $5,000 
per academic year.’’. 
SEC. 618. REPORT. 
Section 627 (as redesignated by section 617(1)) (20 U.S.C. 
1131d) is amended by striking ‘‘annually prepare a report’’ and 
inserting ‘‘prepare a report once every two years’’. 
SEC. 619. GIFTS AND DONATIONS. 
Section 628 (as redesignated by section 617(1)) (20 U.S.C. 
1131e) is amended by striking ‘‘annual report described in section 
626’’ and inserting ‘‘report described in section 627’’. 
SEC. 620. AUTHORIZATION OF APPROPRIATIONS FOR THE INSTITUTE 
FOR INTERNATIONAL PUBLIC POLICY. 
Section 629 (as redesignated by section 617(1)) (20 U.S.C. 1131f) 
is amended— 
(1) by striking ‘‘$10,000,000’’ and inserting ‘‘such sums 
as may be necessary’’; 
(2) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(3) by striking ‘‘4 succeeding’’ and inserting ‘‘five suc-
ceeding’’. 
SEC. 621. DEFINITIONS. 
Section 631 (20 U.S.C. 1132) is amended— 
(1) by striking paragraph (7); 
(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), 
and (9), as paragraphs (7), (4), (8), (2), (10), (6), and (3), respec-
tively; 
(3) in paragraph (2), as redesignated by paragraph (2), 
by striking ‘‘comprehensive language and area center’’ and 
inserting ‘‘comprehensive foreign language and area or inter-
national studies center’’; 
(4) in paragraph (3), as redesignated by paragraph (2), 
by striking the period at the end and inserting a semicolon; 
(5) by inserting after paragraph (4), as redesignated by 
paragraph (2), the following: 
‘‘(5) the term ‘historically Black college and university’ has 
the meaning given the term ‘part B institution’ in section 
322;’’; 
(6) in paragraph (6), as redesignated by paragraph (2), 
by striking ‘‘and’’ after the semicolon; 
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122 STAT. 3343 
PUBLIC LAW 110–315—AUG. 14, 2008 
(7) by inserting after paragraph (8), as redesignated by 
paragraph (2), the following: 
‘‘(9) the term ‘tribally controlled college or university’ has 
the meaning given the term in section 2 of the Tribally Con-
trolled Colleges and Universities Assistance Act of 1978 (25 
U.S.C. 1801); and’’; and 
(8) in paragraph (10), as redesignated by paragraph (2)— 
(A) by striking ‘‘undergraduate language and area 
center’’ and inserting ‘‘undergraduate foreign language and 
area or international studies center’’; and 
(B) by striking the semicolon and inserting a period. 
SEC. 622. NEW PROVISIONS. 
Part D of title VI (20 U.S.C. 1132) is amended by adding 
at the end the following: 
‘‘SEC. 632. SPECIAL RULE. 
‘‘The Secretary may waive or reduce the non-Federal share 
required under this title for institutions that— 
‘‘(1) are eligible to receive assistance under part A or B 
of title III or under title V; and 
‘‘(2) have submitted a grant application under this section 
that demonstrates a need for a waiver or reduction, as deter-
mined by the Secretary.’’. 
‘‘SEC. 633. RULE OF CONSTRUCTION. 
‘‘Nothing in this title shall be construed to authorize the Sec-
retary to mandate, direct, or control an institution of higher edu-
cation’s specific instructional content, curriculum, or program of 
instruction. 
‘‘SEC. 634. ASSESSMENT. 
‘‘The Secretary is authorized to assess and ensure compliance 
with all the conditions and terms of grants provided under this 
title. 
‘‘SEC. 635. EVALUATION, OUTREACH, AND INFORMATION. 
‘‘The Secretary may use not more than one percent of the 
funds made available under this title to carry out program evalua-
tion, national outreach, and information dissemination activities 
relating to the programs authorized under this title. 
‘‘SEC. 636. REPORT. 
‘‘The Secretary shall, in consultation and collaboration with 
the Secretary of State, the Secretary of Defense, and the heads 
of other relevant Federal agencies, submit a report once every 
two years that identifies areas of national need in foreign language, 
area, and international studies as such studies relate to govern-
ment, education, business, and nonprofit needs, and a plan to 
address those needs. The report shall be provided to the authorizing 
committees and made available to the public. 
‘‘SEC. 637. SCIENCE AND TECHNOLOGY ADVANCED FOREIGN LAN-
GUAGE EDUCATION GRANT PROGRAM. 
‘‘(a) PURPOSE.—It is the purpose of this section to support 
programs in institutions of higher education that— 
‘‘(1) encourage students to develop— 
‘‘(A) an understanding of science and technology; and 
‘‘(B) foreign language proficiency; 
20 USC 1132–6. 
Public 
information. 
20 USC 1132–5. 
20 USC 1132–4. 
20 USC 1132–3. 
20 USC 1132–2. 
Waiver authority. 
20 USC 1132–1. 
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122 STAT. 3344 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) foster future international scientific collaboration; 
‘‘(3) provide for professional development opportunities for 
elementary school and secondary school teachers of critical 
foreign languages to increase the number of highly qualified 
teachers in critical foreign languages; and 
‘‘(4) increase the number of United States students who 
achieve the highest level of proficiency in foreign languages 
critical to the security and competitiveness of the Nation. 
‘‘(b) DEVELOPMENT.—The Secretary shall develop a program 
for the awarding of grants to institutions of higher education that 
develop innovative programs for the teaching of foreign languages, 
which may include the preparation of teachers to teach foreign 
languages. 
‘‘(c) REGULATIONS
AND REQUIREMENTS.—The Secretary shall 
promulgate regulations for the awarding of grants under subsection 
(b). Such regulations may require institutions of higher education 
to use grant funds for, among other things— 
‘‘(1) the development of an on-campus cultural awareness 
program by which students attend classes taught in a foreign 
language and study the science and technology developments 
and practices in a non-English speaking country; 
‘‘(2) immersion programs where students take science or 
technology related course work in a non-English speaking 
country; 
‘‘(3) other programs, such as summer workshops, that 
emphasize the intense study of a foreign language and science 
technology; 
‘‘(4) if applicable, recruiting highly qualified teachers in 
critical foreign languages, and providing professional develop-
ment activities for such teachers at the elementary school and 
secondary school levels; and 
‘‘(5) providing innovative opportunities for students that 
will allow for critical language learning, such as immersion 
environments, intensive study opportunities, internships, and 
distance learning. 
‘‘(d) GRANT DISTRIBUTION.—In distributing grants to institu-
tions of higher education under this section, the Secretary shall 
give priority to— 
‘‘(1) institutions that have programs focusing on curricula 
that combine the study of foreign languages and the study 
of science and technology and produce graduates who have 
both skills; and 
‘‘(2) institutions teaching critical foreign languages. 
‘‘(e) REPORT
ON BEST PRACTICES.—Not later than one year 
after the date of enactment of this section, the Secretary shall— 
‘‘(1) conduct a study to identify the best practices to 
strengthen the role of institutions of higher education that 
receive funding under title III or title V in increasing the 
critical foreign language education efforts in the United States; 
and 
‘‘(2) submit a report on the results of such study to the 
authorizing committees. 
‘‘(f) APPROPRIATIONS AUTHORIZED.—There are authorized to be 
appropriated to carry out this section, such sums as may be nec-
essary for fiscal year 2009 and for each subsequent fiscal year. 
Study. 
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122 STAT. 3345 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 638. REPORTING BY INSTITUTIONS. 
‘‘(a) APPLICABILITY.—The data requirement in subsection (b) 
shall apply to an institution of higher education that receives funds 
for a center or program under this title if— 
‘‘(1) the amount of the contribution (including cash and 
the fair market value of any property) received from any foreign 
government or from a foreign private sector corporation or 
foundation during any fiscal year exceeds $250,000 in the aggre-
gate; and 
‘‘(2) the aggregate contribution, or a significant part of 
the aggregate contribution, is to be used by a center or program 
receiving funds under this title. 
‘‘(b) DATA REQUIRED.—The Secretary shall require an institu-
tion of higher education referred to in subsection (a) to report 
information listed in subsection (a) to the Secretary consistent 
with the requirements of section 117.’’. 
TITLE VII—GRADUATE AND POSTSEC-
ONDARY IMPROVEMENT PROGRAMS 
SEC. 701. PURPOSE. 
Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) is amended by 
inserting ‘‘, including those areas critical to United States national 
and homeland security needs, such as science, technology, 
engineering, and mathematics’’ before the semicolon. 
SEC. 702. JACOB K. JAVITS FELLOWSHIP PROGRAM. 
(a) INTERRUPTIONS
OF
STUDY.—Section 701(c) (20 U.S.C. 
1134(c)) is amended by adding at the end the following new sen-
tence: ‘‘In the case of other exceptional circumstances, such as 
active duty military service or personal or family member illness, 
the institution of higher education may also permit the fellowship 
recipient to interrupt periods of study for the duration of the tour 
of duty (in the case of military service) or for not more than 
12 months (in any other case), but without payment of the stipend.’’. 
(b) ALLOCATION OF FELLOWSHIPS.—Section 702(a)(1) (20 U.S.C. 
1134a(a)(1)) is amended to read as follows: 
‘‘(1) APPOINTMENT.— 
‘‘(A) IN GENERAL.—The Secretary shall appoint a Jacob 
K. Javits Fellows Program Fellowship Board (referred to 
in this subpart as the ‘Board’) consisting of 9 individuals 
representative of both public and private institutions of 
higher education who are especially qualified to serve on 
the Board. 
‘‘(B) QUALIFICATIONS.—In making appointments under 
subparagraph (A), the Secretary shall— 
‘‘(i) give due consideration to the appointment of 
individuals who are highly respected in the academic 
community; 
‘‘(ii) appoint members who represent the various 
geographic regions of the United States; 
‘‘(iii) ensure that individuals appointed to the 
Board are broadly representative of a range of dis-
ciplines in graduate education in arts, humanities, and 
social sciences; and 
20 USC 1132–7. 
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122 STAT. 3346 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iv) ensure that such individuals include rep-
resentatives from institutions that are eligible for one 
or more of the grants under title III or V.’’. 
(c) STIPENDS.— 
(1) Section 703 (20 U.S.C. 1134b) is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘1999–2000’’ and inserting ‘‘2009– 
2010’’; and 
(ii) by striking ‘‘Foundation graduate fellowships’’ 
and inserting ‘‘Foundation Graduate Research Fellow-
ship Program for such academic year’’; and 
(B) in subsection (b), by striking paragraph (1)(A) and 
inserting the following: 
‘‘(1) IN GENERAL.—(A) The Secretary shall (in addition to 
stipends paid to individuals under this subpart) pay to the 
institution of higher education, for each individual awarded 
a fellowship under this subpart at such institution, an institu-
tional allowance. Except as provided in subparagraph (B), such 
allowance shall be, for academic year 2009–2010 and succeeding 
academic years, the same amount as the institutional payment 
made for academic year 2008–2009, adjusted for academic year 
2009–2010 and annually thereafter in accordance with inflation 
as determined by the Department of Labor’s Consumer Price 
Index for the previous calendar year.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 705 (20 U.S.C. 
1134d) is amended by striking ‘‘fiscal year 1999’’ and all that 
follows through the period at the end and inserting ‘‘fiscal year 
2009 and each of the five succeeding fiscal years to carry out 
this subpart.’’. 
SEC. 703. GRADUATE ASSISTANCE IN AREAS OF NATIONAL NEED. 
(a) INSTITUTIONAL ELIGIBILITY.—Section 712 (20 U.S.C. 1135a) 
is amended by striking subsection (b) and inserting the following: 
‘‘(b) DESIGNATION OF AREAS OF NATIONAL NEED.—After con-
sultation with appropriate Federal and nonprofit agencies and 
organizations, including the National Science Foundation, the 
Department of Defense, the Department of Homeland Security, 
the National Academy of Sciences, and the Bureau of Labor Statis-
tics, the Secretary shall designate areas of national need. In making 
such designations, the Secretary shall take into consideration— 
‘‘(1) the extent to which the interest in the area is compel-
ling; 
‘‘(2) the extent to which other Federal programs support 
postbaccalaureate study in the area concerned; 
‘‘(3) an assessment of how the program may achieve the 
most significant impact with available resources; and 
‘‘(4) an assessment of current (as of the time of the designa-
tion) and future professional workforce needs of the United 
States.’’. 
(b) AWARDS TO GRADUATE STUDENTS.—Section 714(b) (20 U.S.C. 
1135c(b)) is amended— 
(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 
(2) by striking ‘‘Foundation graduate fellowships’’ and 
inserting ‘‘Foundation Graduate Research Fellowship Program 
for such academic year’’. 
(c) ADDITIONAL
ASSISTANCE.—Section 715(a)(1) (20 U.S.C. 
1135d(a)(1)) is amended— 
Payments. 
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122 STAT. 3347 
PUBLIC LAW 110–315—AUG. 14, 2008 
(1) by striking ‘‘1999–2000’’ and inserting ‘‘2009–2010’’; and 
(2) by striking ‘‘1998–1999’’ and inserting ‘‘2008–2009’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 716 (20 U.S.C. 
1135e) is amended by striking ‘‘fiscal year 1999’’ and all that follows 
through the period at the end and inserting ‘‘fiscal year 2009 
and each of the five succeeding fiscal years to carry out this sub-
part.’’. 
(e) TECHNICAL AMENDMENTS.—Subpart 2 of part A of title 
VII (as amended by this section) (20 U.S.C. 113 et seq.) is further 
amended— 
(1) in section 711(a)(1) (20 U.S.C. 1135(a)(1)), by inserting 
‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to 
a graduate degree’’; 
(2) in section 712(a) (20 U.S.C. 1135a(a)), by inserting 
‘‘, including a master’s or doctoral degree,’’ after ‘‘leading to 
a graduate degree’’; 
(3) in section 713(b)(5)(C) (20 U.S.C. 1135b(b)(5)(C)), by 
inserting ‘‘at the institution’’ before the semicolon; and 
(4) in section 714(c) (20 U.S.C. 1135c(c))— 
(A) by striking ‘‘716(a)’’ and inserting ‘‘715(a)’’; and 
(B) by striking ‘‘714(b)(2)’’ and inserting ‘‘713(b)(2)’’. 
SEC. 704. THURGOOD MARSHALL LEGAL EDUCATIONAL OPPORTUNITY 
PROGRAM. 
(a) PROGRAM AUTHORITY.— 
(1) Section 721(a) (20 U.S.C. 1136(a)) is amended— 
(A) by inserting ‘‘secondary school and’’ after ‘‘disadvan-
taged’’; and 
(B) by inserting ‘‘and admission to law practice’’ before 
the period at the end. 
(b) ELIGIBILITY.—Section 721(b) (20 U.S.C. 1136(b)) is amended 
in the matter preceding paragraph (1), by inserting ‘‘secondary 
school student or’’ before ‘‘college student’’. 
(c) CONTRACT AND GRANT PURPOSES.—Section 721(c) (20 U.S.C. 
1136(c)) is amended— 
(1) in paragraph (1), by inserting ‘‘secondary school and’’ 
before ‘‘college students’’; 
(2) by striking paragraph (2) and inserting the following: 
‘‘(2) to prepare such students for successful completion 
of a baccalaureate degree and for study at accredited law 
schools, and to assist them with the development of analytical 
skills, writing skills, and study methods to enhance the stu-
dents’ success in, and promote the students’ admission to and 
completion of, law school;’’; 
(3) in paragraph (4), by striking ‘‘and’’ after the semicolon; 
and 
(4) by striking paragraph (5) and inserting the following: 
‘‘(5) to motivate and prepare such students— 
‘‘(A) with respect to law school studies and practice 
in low-income communities; and 
‘‘(B) to provide legal services to low-income individuals 
and families; and 
‘‘(6) to award Thurgood Marshall Fellowships to eligible 
law school students— 
‘‘(A) who participated in summer institutes under sub-
section (d)(6) and who are enrolled in an accredited law 
school; or 
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122 STAT. 3348 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) who have successfully completed a comparable 
summer institute program that is certified by the Council 
on Legal Education Opportunity.’’. 
(d) SERVICES PROVIDED.—Section 721(d) (20 U.S.C. 1136(d)) 
is amended— 
(1) in the matter preceding paragraph (1), by inserting 
‘‘pre-college programs, undergraduate’’ before ‘‘pre-law’’; 
(2) in paragraph (1)— 
(A) in subparagraph (B), by inserting ‘‘law school’’ 
before ‘‘graduation’’; and 
(B) by striking subparagraph (D) and inserting the 
following: 
‘‘(D) pre-college and undergraduate preparatory courses 
in analytical and writing skills, study methods, and course 
selection;’’; 
(3) by redesignating paragraphs (2) through (6) as para-
graphs (3) through (7), respectively; 
(4) by inserting after paragraph (1) the following: 
‘‘(2) summer academic programs for secondary school stu-
dents who have expressed interest in a career in the law;’’; 
and 
(5) in paragraph (7) (as redesignated by paragraph (3)), 
by inserting ‘‘and Associates’’ after ‘‘Thurgood Marshall Fel-
lows’’. 
(e) DURATION.—Section 721(e)(1) (20 U.S.C. 1136(e)(1)) is 
amended by inserting ‘‘, including before and during undergraduate 
study’’ before the semicolon. 
(f) SUBCONTRACTS AND SUBGRANTS.—Section 721(f) (20 U.S.C. 
1136(f)) is amended— 
(1) by inserting ‘‘national and State bar associations,’’ after 
‘‘agencies and organizations,’’; and 
(2) by striking ‘‘and organizations.’’ and inserting ‘‘organiza-
tions, and associations.’’. 
(g) STIPENDS.—Section 721(g) (20 U.S.C. 1136(g)) is amended 
to read as follows: 
‘‘(g) FELLOWSHIPS AND STIPENDS.—The Secretary shall annually 
establish the maximum fellowship to be awarded, and the maximum 
stipend to be paid (including allowances for participant travel and 
for the travel of the dependents of the participant), to Thurgood 
Marshall Fellows or Associates for the period of participation in 
summer institutes, midyear seminars, and bar preparation semi-
nars. A Thurgood Marshall Fellow or Associate may be eligible 
for such a fellowship or stipend only if the Fellow or Associate 
maintains satisfactory academic progress toward the Juris Doctor 
or Bachelor of Laws degree, as determined by the respective institu-
tions (except with respect to a law school graduate enrolled in 
a bar preparation course).’’. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—Section 721(h) (20 
U.S.C. 1136(h)) is amended by striking ‘‘fiscal year 1999’’ and all 
that follows through the period at the end and inserting ‘‘fiscal 
year 2009 and each of the five succeeding fiscal years.’’. 
(i) REPEAL OF CONTINUATION AWARDS.—Subsection (e) of section 
731 (20 U.S.C. 1137(e)) is repealed. 
SEC. 705. SENSE OF CONGRESS. 
It is the sense of Congress that— 
Deadline. 
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122 STAT. 3349 
PUBLIC LAW 110–315—AUG. 14, 2008 
(1) addressing the under-representation of women and 
minorities in the higher education professoriate will require 
consistent inter-institutional cooperation, data gathering, anal-
ysis, and self-evaluation; and 
(2) institutions eligible for funds under part A of title 
VII of the Higher Education Act of 1965 (20 U.S.C. 1134 et 
seq.) should be encouraged to consider the feasibility and poten-
tial design of an inter-institution monitoring organization 
addressing under-representation by race, ethnicity, and gender 
in postsecondary faculty and administrators. 
SEC. 706. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES AND PREDOMINANTLY 
BLACK INSTITUTIONS. 
(a) TECHNICAL AMENDMENTS.—Part A of title VII (as amended 
by this title) (20 U.S.C. 1134 et seq.) is further amended— 
(1) by redesignating subpart 4 as subpart 5; 
(2) in the heading of section 731, by striking ‘‘SUBPARTS 
1, 2, AND
3’’ and inserting ‘‘SUBPARTS
1
THROUGH
4’’; and 
(3) in section 731— 
(A) in subsections (a) and (b), by striking ‘‘subparts 
1, 2, and 3’’ each place the term appears and inserting 
‘‘subparts 1 through 4’’; and 
(B) in subsection (d), by striking ‘‘subpart 1, 2, or 
3’’ and inserting ‘‘subpart 1, 2, 3, or 4’’. 
(b) MASTER’S DEGREE PROGRAMS.—Part A of title VII (as 
amended by this title) (20 U.S.C. 1134 et seq.) is further amended 
by inserting after subpart 3 the following: 
‘‘Subpart 4—Masters Degree Programs at Histori-
cally Black Colleges and Universities and Pre-
dominantly Black Institutions 
‘‘SEC. 723. MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK 
COLLEGES AND UNIVERSITIES. 
‘‘(a) GRANT PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—Subject to the availability of funds appro-
priated to carry out this section, the Secretary shall award 
program grants to each of the institutions listed in subsection 
(b)(1) that is determined by the Secretary to be making a 
substantial contribution to graduate education opportunities 
at the masters level in mathematics, engineering, the physical 
or natural sciences, computer science, information technology, 
nursing, allied health, or other scientific disciplines for Black 
Americans. 
‘‘(2) ASSURANCE
OF
NON-FEDERAL
MATCHING
FUNDS.—No 
grant in excess of $1,000,000 may be made under this section 
unless the institution provides assurances that 50 percent of 
the cost of the purposes for which the grant is made will 
be paid from non-Federal sources, except that no institution 
shall be required to match any portion of the first $1,000,000 
of the institution’s award from the Secretary. After funds are 
made available to each eligible institution under the funding 
rules described in subsection (f), the Secretary shall distribute, 
on a pro rata basis, any amounts which were not so made 
available (by reason of the failure of an institution to comply 
20 USC 1136a. 
20 USC 1137. 
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122 STAT. 3350 
PUBLIC LAW 110–315—AUG. 14, 2008 
with the matching requirements of this paragraph) among the 
institutions that have complied with such matching require-
ment. 
‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 
the amount awarded to each eligible institution listed in sub-
section (b)(1) for a fiscal year shall be not less than $500,000. 
‘‘(4) DURATION OF GRANTS.—A grant awarded under this 
section shall be for a period of not more than six years, but 
may be periodically renewed for a period to be determined 
by the Secretary. 
‘‘(b) INSTITUTIONAL ELIGIBILITY.— 
‘‘(1) IN
GENERAL.—Institutions eligible for grants under 
subsection (a) are the following: 
‘‘(A) Albany State University. 
‘‘(B) Alcorn State University. 
‘‘(C) Claflin University. 
‘‘(D) Coppin State University. 
‘‘(E) Elizabeth City State University. 
‘‘(F) Fayetteville State University. 
‘‘(G) Fisk University. 
‘‘(H) Fort Valley State University. 
‘‘(I) Grambling State University. 
‘‘(J) Kentucky State University. 
‘‘(K) Mississippi Valley State University. 
‘‘(L) Savannah State University. 
‘‘(M) South Carolina State University. 
‘‘(N) University of Arkansas, Pine Bluff. 
‘‘(O) Virginia State University. 
‘‘(P) West Virginia Sate University. 
‘‘(Q) Wilberforce University. 
‘‘(R) Winston-Salem State University. 
‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.— 
‘‘(A) IN GENERAL.—For the purposes of this section, 
the term ‘qualified masters degree program’ means a mas-
ters degree program that provides a program of instruction 
in mathematics, engineering, the physical or natural 
sciences, 
computer 
science, 
information 
technology, 
nursing, allied health, or other scientific disciplines in 
which African Americans are underrepresented and has 
students enrolled in such program of instruction at the 
time of application for a grant under this section. 
‘‘(B) ENROLLMENT
EXCEPTION.—Notwithstanding the 
enrollment requirement contained in subparagraph (A), an 
institution may use an amount equal to not more than 
10 percent of the institution’s grant under this section 
for the development of a new qualified masters degree 
program. 
‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor 
of the institution may decide which graduate school or qualified 
masters degree program will receive funds under the grant 
in any one fiscal year, if the allocation of funds among the 
schools or programs is delineated in the application for funds 
submitted to the Secretary under this section. 
‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 
award more than one grant under this section in any fiscal 
year to any institution of higher education. 
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122 STAT. 3351 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(c) APPLICATION.—An eligible institution listed in subsection 
(b)(1) desiring a grant under this section shall submit an application 
at such time, in such manner, and containing such information 
as the Secretary may require. The application shall— 
‘‘(1) demonstrate how the grant funds under this section 
will be used to improve graduate educational opportunities 
for Black and low-income students, and lead to greater financial 
independence; and 
‘‘(2) provide, in the case of applications for grants in excess 
of $1,000,000, the assurances required under subsection (a)(2) 
and specify the manner in which the eligible institution is 
going to pay the non-Federal share of the cost of the application. 
‘‘(d) USES OF FUNDS.—A grant under this section may be used 
for— 
‘‘(1) purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional and 
research purposes; 
‘‘(2) construction, maintenance, renovation, and improve-
ment in classroom, library, laboratory, and other instructional 
facilities, including purchase or rental of telecommunications 
technology equipment or services; 
‘‘(3) purchase of library books, periodicals, technical and 
other scientific journals, microfilm, microfiche, and other edu-
cational materials, including telecommunications program 
materials; 
‘‘(4) scholarships, fellowships, and other financial assistance 
for needy graduate students to permit the enrollment of the 
students in, and completion of, a masters degree in mathe-
matics, engineering, the physical or natural sciences, computer 
science, information technology, nursing, allied health, or other 
scientific disciplines in which African Americans are underrep-
resented; 
‘‘(5) establishing or improving a development office to 
strengthen and increase contributions from alumni and the 
private sector; 
‘‘(6) assisting in the establishment or maintenance of an 
institutional endowment to facilitate financial independence 
pursuant to section 331; 
‘‘(7) funds and administrative management, and the 
acquisition of equipment, including software, for use in 
strengthening funds management and management information 
systems; 
‘‘(8) acquisition of real property that is adjacent to the 
campus in connection with the construction, renovation, or 
improvement of, or an addition to, campus facilities; 
‘‘(9) education or financial information designed to improve 
the financial literacy and economic literacy of students or the 
students’ families, especially with regard to student indebted-
ness and student assistance programs under title IV; 
‘‘(10) tutoring, counseling, and student service programs 
designed to improve academic success; 
‘‘(11) faculty professional development, faculty exchanges, 
and faculty participation in professional conferences and 
meetings; and 
‘‘(12) other activities proposed in the application submitted 
under subsection (c) that— 
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122 STAT. 3352 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) contribute to carrying out the purposes of this 
section; and 
‘‘(B) are approved by the Secretary as part of the 
review and acceptance of such application. 
‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu-
tion that is eligible for and receives an award under section 326, 
512, or 724 for a fiscal year shall be eligible to apply for a grant, 
or receive grant funds, under this section for the same fiscal year. 
‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 
appropriated to carry out this section for any fiscal year— 
‘‘(1) the first $9,000,000 (or any lesser amount appro-
priated) shall be available only for the purposes of making 
minimum grants under subsection (a)(3) to eligible institutions 
listed in subparagraphs (A) through (R) of subsection (b)(1), 
except that if the amount appropriated is not sufficient to 
pay the minimum grant awards to all such eligible institutions, 
the amount of the minimum award to each such eligible institu-
tion shall be ratably reduced; 
‘‘(2) after the application of paragraph (1), an amount shall 
be available for the purpose of making minimum grants under 
subsection (a)(3) to eligible institutions listed in subsection 
(b)(1) that do not receive a grant under paragraph (1), if any, 
except that if the amount appropriated is not sufficient to 
pay the minimum grant awards to all such eligible institutions, 
the amount of the minimum award to each such eligible institu-
tion shall be ratably reduced; and 
‘‘(3) any amount in excess of $9,000,000 shall be made 
available to each of the eligible institutions identified in sub-
paragraphs (A) through (R) of subsection (b)(1), pursuant to 
a formula developed by the Secretary that uses the following 
elements: 
‘‘(A) The ability of the institution to match Federal 
funds with non-Federal funds. 
‘‘(B) The number of students enrolled in the qualified 
masters degree program at the eligible institution in the 
previous academic year. 
‘‘(C) The average cost of attendance per student, for 
all full-time students enrolled in the qualified masters 
degree program at such institution. 
‘‘(D) The number of students in the previous year who 
received a degree in the qualified masters degree program 
at such institution. 
‘‘(E) The contribution, on a percent basis, of the pro-
grams for which the institution is eligible to receive funds 
under this section to the total number of African Americans 
receiving masters degrees in the disciplines related to the 
programs for the previous year. 
‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 
and (3) of subsection (f), no eligible institution identified in sub-
section (b)(1) that receives a grant under this section for fiscal 
year 2009 and that is eligible to receive a grant for a subsequent 
fiscal year shall receive a grant amount for any such subsequent 
fiscal year that is less than the grant amount received for fiscal 
year 2009, unless— 
‘‘(1) the amount appropriated is not sufficient to provide 
such grant amounts to all such institutions and programs that 
received grants under this section for such fiscal year and 
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122 STAT. 3353 
PUBLIC LAW 110–315—AUG. 14, 2008 
that are eligible to receive a grant in such subsequent fiscal 
year; or 
‘‘(2) the institution cannot provide sufficient matching funds 
to meet the requirements of this section. 
‘‘SEC. 724. MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK 
INSTITUTIONS. 
‘‘(a) GRANT PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—Subject to the availability of funds appro-
priated to carry out this section, the Secretary shall award 
program grants to each of the institutions listed in subsection 
(b)(1) that is determined by the Secretary to be making a 
substantial contribution to graduate education opportunities 
at the masters level in mathematics, engineering, the physical 
or natural sciences, computer science, information technology, 
nursing, allied health, or other scientific disciplines for Black 
Americans. 
‘‘(2) ASSURANCE
OF
NON-FEDERAL
MATCHING
FUNDS.—No 
grant in excess of $1,000,000 may be made under this section 
unless the institution provides assurances that 50 percent of 
the cost of the purposes for which the grant is made will 
be paid from non-Federal sources, except that no institution 
shall be required to match any portion of the first $1,000,000 
of the institution’s award from the Secretary. After funds are 
made available to each eligible institution under the funding 
rules described in subsection (f), the Secretary shall distribute, 
on a pro rata basis, any amounts which were not so made 
available (by reason of the failure of an institution to comply 
with the matching requirements of this paragraph) among the 
institutions that have complied with such matching require-
ment. 
‘‘(3) MINIMUM AWARD.—Subject to subsections (f) and (g), 
the amount awarded to each eligible institution listed in sub-
section (b)(1) for a fiscal year shall be not less than $500,000. 
‘‘(4) DURATION OF GRANTS.—A grant awarded under this 
section shall be for a period of not more than six years, but 
may be periodically renewed for a period to be determined 
by the Secretary. 
‘‘(b) INSTITUTIONAL ELIGIBILITY.— 
‘‘(1) IN
GENERAL.—Institutions eligible for grants under 
subsection (a) are the following: 
‘‘(A) Chicago State University. 
‘‘(B) Columbia Union College. 
‘‘(C) Long Island University, Brooklyn campus. 
‘‘(D) Robert Morris College. 
‘‘(E) York College, The City University of New York. 
‘‘(2) QUALIFIED MASTERS DEGREE PROGRAM.— 
‘‘(A) IN GENERAL.—For the purposes of this section, 
the term ‘qualified masters degree program’ means a mas-
ters degree program that provides a program of instruction 
in mathematics, engineering, the physical or natural 
sciences, 
computer 
science, 
information 
technology, 
nursing, allied health, or other scientific disciplines in 
which African Americans are underrepresented and has 
students enrolled in such program of instruction at the 
time of application for a grant under this section. 
20 USC 1136b. 
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122 STAT. 3354 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) ENROLLMENT
EXCEPTION.—Notwithstanding the 
enrollment requirement contained in subparagraph (A), an 
institution may use an amount equal to not more than 
10 percent of the institution’s grant under this section 
for the development of a new qualified masters degree 
program. 
‘‘(3) INSTITUTIONAL CHOICE.—The president or chancellor 
of the institution may decide which graduate school or qualified 
masters degree program will receive funds under the grant 
in any one fiscal year, if the allocation of funds among the 
schools or programs is delineated in the application for funds 
submitted to the Secretary under this section. 
‘‘(4) ONE GRANT PER INSTITUTION.—The Secretary shall not 
award more than one grant under this section in any fiscal 
year to any institution of higher education. 
‘‘(c) APPLICATION.—An eligible institution listed in subsection 
(b)(1) desiring a grant under this section shall submit an application 
at such time, in such manner, and containing such information 
as the Secretary may require. The application shall— 
‘‘(1) demonstrate how the grant funds under this section 
will be used to improve graduate educational opportunities 
for Black and low-income students and lead to greater financial 
independence; and 
‘‘(2) provide, in the case of applications for grants in excess 
of $1,000,000, the assurances required under subsection (a)(2) 
and specify the manner in which the eligible institution is 
going to pay the non-Federal share of the cost of the application. 
‘‘(d) USES OF FUNDS.—A grant under this section may be used 
for— 
‘‘(1) purchase, rental, or lease of scientific or laboratory 
equipment for educational purposes, including instructional and 
research purposes; 
‘‘(2) construction, maintenance, renovation, and improve-
ment in classroom, library, laboratory, and other instructional 
facilities, including purchase or rental of telecommunications 
technology equipment or services; 
‘‘(3) purchase of library books, periodicals, technical and 
other scientific journals, microfilm, microfiche, and other edu-
cational materials, including telecommunications program 
materials; 
‘‘(4) scholarships, fellowships, and other financial assistance 
for needy graduate students to permit the enrollment of the 
students in, and completion of, a masters degree in mathe-
matics, engineering, the physical or natural sciences, computer 
science, information technology, nursing, allied health, or other 
scientific disciplines in which African Americans are underrep-
resented; 
‘‘(5) establishing or improving a development office to 
strengthen and increase contributions from alumni and the 
private sector; 
‘‘(6) assisting in the establishment or maintenance of an 
institutional endowment to facilitate financial independence 
pursuant to section 331; 
‘‘(7) funds and administrative management, and the 
acquisition of equipment, including software, for use in 
strengthening funds management and management information 
systems; 
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122 STAT. 3355 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(8) acquisition of real property that is adjacent to the 
campus in connection with the construction, renovation, or 
improvement of, or an addition to, campus facilities; 
‘‘(9) education or financial information designed to improve 
the financial literacy and economic literacy of students or the 
students’ families, especially with regard to student indebted-
ness and student assistance programs under title IV; 
‘‘(10) tutoring, counseling, and student service programs 
designed to improve academic success; 
‘‘(11) faculty professional development, faculty exchanges, 
and faculty participation in professional conferences and 
meetings; and 
‘‘(12) other activities proposed in the application submitted 
under subsection (c) that— 
‘‘(A) contribute to carrying out the purposes of this 
section; and 
‘‘(B) are approved by the Secretary as part of the 
review and acceptance of such application. 
‘‘(e) INTERACTION WITH OTHER GRANT PROGRAMS.—No institu-
tion that is eligible for and receives an award under section 326, 
512, or 723 for a fiscal year shall be eligible to apply for a grant, 
or receive grant funds, under this section for the same fiscal year. 
‘‘(f) FUNDING RULE.—Subject to subsection (g), of the amount 
appropriated to carry out this section for any fiscal year— 
‘‘(1) the first $2,500,000 (or any lesser amount appro-
priated) shall be available only for the purposes of making 
minimum grants under subsection (a)(3) to eligible institutions 
listed in subparagraphs (A) through (E) of subsection (b)(1), 
except that if the amount appropriated is not sufficient to 
pay the minimum grant awards to all such eligible institutions, 
the amount of the minimum award to each such eligible institu-
tion shall be ratably reduced; 
‘‘(2) after the application of paragraph (1), an amount shall 
be available for the purpose of making minimum grants under 
subsection (a)(3) to eligible institutions described in subsection 
(b)(1) that do not receive a grant under paragraph (1), if any, 
except that if the amount appropriated is not sufficient to 
pay the minimum grant awards to all such eligible institutions, 
the amount of the minimum award to each such eligible institu-
tion shall be ratably reduced; and 
‘‘(3) any amount in excess of $2,500,000 shall be made 
available to each of the eligible institutions identified in sub-
paragraphs (A) through (E) of subsection (b)(1), pursuant to 
a formula developed by the Secretary that uses the following 
elements: 
‘‘(A) The ability of the institution to match Federal 
funds with non-Federal funds. 
‘‘(B) The number of students enrolled in the qualified 
masters degree program at the eligible institution in the 
previous academic year. 
‘‘(C) The average cost of attendance per student, for 
all full-time students enrolled in the qualified masters 
degree program at such institution. 
‘‘(D) The number of students in the previous year who 
received a degree in the qualified masters degree program 
at such institution. 
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122 STAT. 3356 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(E) The contribution, on a percent basis, of the pro-
grams for which the institution is eligible to receive funds 
under this section to the total number of African Americans 
receiving masters degrees in the disciplines related to the 
programs for the previous year. 
‘‘(g) HOLD HARMLESS RULE.—Notwithstanding paragraphs (2) 
and (3) of subsection (f), no eligible institution identified in sub-
section (b)(1) that receives a grant under this section for fiscal 
year 2009 and that is eligible to receive a grant in a subsequent 
fiscal year shall receive a grant amount in any such subsequent 
fiscal year that is less than the grant amount received for fiscal 
year 2009, unless— 
‘‘(1) the amount appropriated is not sufficient to provide 
such grant amounts to all such institutions and programs that 
received grants under this section for such fiscal year and 
that are eligible to receive a grant in such subsequent fiscal 
year; or 
‘‘(2) the institution cannot provide sufficient matching funds 
to meet the requirements of this section. 
‘‘SEC. 725. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) MASTERS DEGREE PROGRAMS AT HISTORICALLY BLACK COL-
LEGES AND UNIVERSITIES.—There are authorized to be appropriated 
to carry out section 723 such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years. 
‘‘(b) MASTERS DEGREE PROGRAMS AT PREDOMINANTLY BLACK 
INSTITUTIONS.—There are authorized to be appropriated to carry 
out section 724 such sums as may be necessary for fiscal year 
2009 and each of the five succeeding fiscal years.’’. 
SEC. 707. FUND FOR THE IMPROVEMENT OF POSTSECONDARY EDU-
CATION. 
(a) CONTRACT AND GRANT PURPOSES.—Section 741(a) (20 U.S.C. 
1138(a)) is amended— 
(1) by striking paragraphs (1) through (3) and inserting 
the following: 
‘‘(1) the encouragement of reform and improvement of, and 
innovation in, postsecondary education and the provision of 
educational opportunity for all students, including nontradi-
tional students; 
‘‘(2) the creation of institutions, programs, and joint efforts 
involving paths to career and professional training, including— 
‘‘(A) efforts that provide academic credit for programs; 
and 
‘‘(B) 
combinations 
of 
academic 
and 
experiential 
learning; 
‘‘(3) the establishment and continuation of institutions, pro-
grams, consortia, collaborations, and other joint efforts based 
on communications technology, including those efforts that uti-
lize distance education and technological advancements to edu-
cate and train postsecondary students (including health profes-
sionals serving medically underserved populations);’’; 
(2) by striking paragraph (6) and inserting the following: 
‘‘(6) the introduction of institutional reforms designed to 
expand individual opportunities for entering and reentering 
postsecondary institutions and pursuing programs of postsec-
ondary study tailored to individual needs;’’; 
(3) in paragraph (7), by striking ‘‘and’’ after the semicolon; 
20 USC 1136c. 
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122 STAT. 3357 
PUBLIC LAW 110–315—AUG. 14, 2008 
(4) in paragraph (8), by striking the period at the end 
and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(9) the introduction of reforms in remedial education, 
including English language instruction, to customize remedial 
courses to student goals and help students progress rapidly 
from remedial courses into core courses and through postsec-
ondary program completion; 
‘‘(10) the provision of support and assistance to partner-
ships between institutions of higher education and secondary 
schools with a significant population of students identified as 
late-entering limited English proficient students, to establish 
programs that— 
‘‘(A) result in increased secondary school graduation 
rates of limited English proficient students; and 
‘‘(B) increase the number of participating late-entering 
limited English proficient students who pursue postsec-
ondary education; 
‘‘(11) the creation of consortia that join diverse institutions 
of higher education to design and offer curricular and cocur-
ricular interdisciplinary programs at the undergraduate and 
graduate levels, sustained for not less than a 5 year period, 
that— 
‘‘(A) focus on poverty and human capability; and 
‘‘(B) include— 
‘‘(i) a service-learning component; and 
‘‘(ii) the delivery of educational services through 
informational resource centers, summer institutes, 
midyear seminars, and other educational activities that 
stress the effects of poverty and how poverty can be 
alleviated through different career paths; 
‘‘(12) the provision of support and assistance for demonstra-
tion projects to provide comprehensive support services to 
ensure that homeless students, or students who were in foster 
care or were a ward of the court at any time before the age 
of 13, enroll and succeed in postsecondary education, including 
providing housing to such students during periods when 
housing at the institution of higher education is closed or 
generally unavailable to other students; and 
‘‘(13) the support of efforts to work with institutions of 
higher education, and nonprofit organizations, that seek to 
promote cultural diversity in the entertainment media industry, 
including through the training of students in production, mar-
keting, and distribution of culturally relevant content.’’. 
(b) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT 
STUDENTS.—Section 741 (20 U.S.C. 1138) is further amended by 
adding at the end the following: 
‘‘(c) CENTER FOR BEST PRACTICES TO SUPPORT SINGLE PARENT 
STUDENTS.— 
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is authorized 
to award one grant or contract to an institution of higher 
education to enable such institution to establish and maintain 
a center to study and develop best practices for institutions 
of higher education to support single parents who are also 
students attending such institutions. 
‘‘(2) INSTITUTION
REQUIREMENTS.—The Secretary shall 
award the grant or contract under this subsection to a four- 
Grants. 
Contracts. 
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122 STAT. 3358 
PUBLIC LAW 110–315—AUG. 14, 2008 
year institution of higher education that has demonstrated 
expertise in the development of programs to assist single par-
ents who are students at institutions of higher education, as 
shown by the institution’s development of a variety of targeted 
services to such students, including on-campus housing, child 
care, counseling, advising, internship opportunities, financial 
aid, and financial aid counseling and assistance. 
‘‘(3) CENTER ACTIVITIES.—The center funded under this sec-
tion shall— 
‘‘(A) assist institutions implementing innovative pro-
grams that support single parents pursuing higher edu-
cation; 
‘‘(B) study and develop an evaluation protocol for such 
programs that includes quantitative and qualitative meth-
odologies; 
‘‘(C) provide appropriate technical assistance regarding 
the replication, evaluation, and continuous improvement 
of such programs; and 
‘‘(D) develop and disseminate best practices for such 
programs.’’. 
(c) PROHIBITION.—Section 741 (20 U.S.C. 1138) is further 
amended by adding after subsection (c) (as added by subsection 
(b) of this section) the following: 
‘‘(d) PROHIBITION.— 
‘‘(1) IN
GENERAL.—No funds made available under this 
part shall be used to provide direct financial assistance in 
the form of grants or scholarships to students who do not 
meet the requirements of section 484(a). 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to prevent a student who does not meet 
the requirements of section 484(a) from participating in pro-
grams funded under this part.’’. 
(d) PRIORITY.—Section 741 (20 U.S.C. 1138) is further amended 
by adding after subsection (d) (as added by subsection (c) of this 
section) the following: 
‘‘(e) PRIORITY.—In making grants under this part to any institu-
tion of higher education after the date of enactment of the Higher 
Education Opportunity Act, the Secretary may give priority to 
institutions that meet or exceed the most current version of 
ASHRAE/IES Standard 90.1 (as such term is used in section 
342(a)(6) of the Energy Policy and Conservation Act (42 U.S.C. 
6313(a)(6)) for any new facilities construction or major renovation 
of the institution after such date, except that this subsection shall 
not apply with respect to barns or greenhouses or similar structures 
owned by the institution.’’. 
(e) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS 
OR MEMBERS OF THE MILITARY.—Section 741 (20 U.S.C. 1138) is 
further amended by adding after subsection (e) (as added by sub-
section (d) of this section) the following: 
‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY MEMBERS OF VETERANS 
OR MEMBERS OF THE MILITARY.— 
‘‘(1) AUTHORIZATION.—The Secretary shall enter into a con-
tract with a nonprofit organization with demonstrated success 
in carrying out the activities described in this subsection to 
carry out a program to provide postsecondary education scholar-
ships for eligible students. 
Contracts. 
Nonprofit 
organizations. 
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122 STAT. 3359 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) DEFINITION OF ELIGIBLE STUDENT.—In this subsection, 
the term ‘eligible student’ means an individual who is enrolled 
as a full-time or part-time student at an institution of higher 
education (as defined in section 102) and is— 
‘‘(A) a dependent student who is a child of— 
‘‘(i) an individual who is— 
‘‘(I) serving on active duty during a war or 
other military operation or national emergency (as 
defined in section 481); or 
‘‘(II) performing qualifying National Guard 
duty during a war or other military operation or 
national emergency (as defined in section 481); 
or 
‘‘(ii) a veteran who— 
‘‘(I) served or performed, as described in clause 
(i), since September 11, 2001; and 
‘‘(II) died, or has been disabled, as a result 
of such service or performance; or 
‘‘(B) an independent student who— 
‘‘(i) is a spouse of an individual who is— 
‘‘(I) serving on active duty during a war or 
other military operation or national emergency (as 
defined in section 481); or 
‘‘(II) performing qualifying National Guard 
duty during a war or other military operation or 
national emergency (as defined in section 481); 
‘‘(ii) was (at the time of death of the veteran) 
a spouse of a veteran who— 
‘‘(I) served or performed, as described in clause 
(i), since September 11, 2001; and 
‘‘(II) died as a result of such service or perform-
ance; or 
‘‘(iii) is a spouse of a veteran who— 
‘‘(I) served or performed, as described in clause 
(i), since September 11, 2001; and 
‘‘(II) has been disabled as a result of such 
service or performance. 
‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholarships awarded 
under this subsection shall be awarded based on need with 
priority given to eligible students who are eligible to receive 
Federal Pell Grants under subpart 1 of part A of title IV. 
‘‘(4) MAXIMUM
SCHOLARSHIP
AMOUNT.—The maximum 
scholarship amount awarded to an eligible student under this 
subsection for an award year shall be the lesser of $5,000, 
or the student’s cost of attendance (as defined in section 472). 
‘‘(5) AMOUNTS
FOR
SCHOLARSHIPS.—All of the amounts 
appropriated to carry out this subsection for a fiscal year shall 
be used for scholarships awarded under this subsection, except 
that the nonprofit organization receiving a contract under this 
subsection may use not more than one percent of such amounts 
for the administrative costs of the contract.’’. 
(f) AREAS
OF NATIONAL NEED.—Section 744(c) (20 U.S.C. 
1138c(c)) is amended to read as follows: 
‘‘(c) AREAS OF NATIONAL NEED.—Areas of national need shall 
include, at a minimum, the following: 
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122 STAT. 3360 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) Institutional restructuring to improve learning and 
promote productivity, efficiency, quality improvement, and cost 
reduction. 
‘‘(2) Improvements in academic instruction and student 
learning, including efforts designed to assess the learning gains 
made by postsecondary students. 
‘‘(3) Articulation between two- and four-year institutions 
of higher education, including developing innovative methods 
for ensuring the successful transfer of students from two- to 
four-year institutions of higher education. 
‘‘(4) Development, evaluation, and dissemination of model 
courses, including model courses that— 
‘‘(A) provide students with a broad and integrated 
knowledge base; 
‘‘(B) include, at a minimum, broad survey courses in 
English literature, American and world history, American 
political institutions, economics, philosophy, college-level 
mathematics, and the natural sciences; and 
‘‘(C) include study of a foreign language that leads 
to reading and writing competency in the foreign language. 
‘‘(5) International cooperation and student exchanges 
among postsecondary educational institutions. 
‘‘(6) Support of centers to incorporate education in quality 
and safety into the preparation of medical and nursing students, 
through grants to medical schools, nursing schools, and osteo-
pathic schools. Such grants shall be used to assist in providing 
courses of instruction that specifically equip students to— 
‘‘(A) understand the causes of, and remedies for, med-
ical error, medically induced patient injuries and complica-
tions, and other defects in medical care; 
‘‘(B) engage effectively in personal and systemic efforts 
to continually reduce medical harm; and 
‘‘(C) improve patient care and outcomes, as rec-
ommended by the Institute of Medicine.’’. 
(g) AUTHORIZATION OF APPROPRIATIONS FOR THE FUND FOR THE 
IMPROVEMENT
OF POSTSECONDARY EDUCATION.—Section 745 (20 
U.S.C. 1138d) is amended by striking ‘‘$30,000,000 for fiscal year 
1999’’ and all that follows through the period at the end and 
inserting ‘‘such sums as may be necessary for fiscal year 2009 
and each of the five succeeding fiscal years.’’. 
(h) TECHNICAL FIPSE AMENDMENTS.—Part B of title VII (20 
U.S.C. 1138 et seq.) is further amended— 
(1) in section 742 (20 U.S.C. 1138a)— 
(A) in subsection (b)— 
(i) by striking ‘‘(b) MEMBERSHIP.—’’ and all that 
follows through ‘‘The Secretary’’ and inserting ‘‘(b) 
MEMBERSHIP.—The Secretary’’; and 
(ii) by striking paragraph (2); 
(B) in subsection (c), by striking ‘‘and the Director’’ 
each place the term appears; and 
(C) in subsection (d), by striking ‘‘Director’’ and 
inserting ‘‘Secretary’’; 
(2) in section 743 (20 U.S.C. 1138b)— 
(A) by striking ‘‘(a) TECHNICAL EMPLOYEES.—’’; and 
(B) by striking subsection (b); and 
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122 STAT. 3361 
PUBLIC LAW 110–315—AUG. 14, 2008 
(3) in section 744(a) (20 U.S.C. 1138c(a)), by striking 
‘‘Director’’ each place the term appears and inserting ‘‘Sec-
retary’’. 
SEC. 708. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM. 
Part C of title VII (20 U.S.C. 1139 et seq.) is repealed. 
SEC. 709. PROGRAMS TO PROVIDE STUDENTS WITH DISABILITIES WITH 
A QUALITY HIGHER EDUCATION. 
Title VII (20 U.S.C. 1133 et seq.) is further amended— 
(1) by redesignating section 771 (20 U.S.C. 1141) as section 
781; and 
(2) by striking part D of title VII (20 U.S.C. 1140 et 
seq.) and inserting the following: 
‘‘PART D—PROGRAMS TO PROVIDE STUDENTS 
WITH DISABILITIES WITH A QUALITY HIGH-
ER EDUCATION 
‘‘SEC. 760. DEFINITIONS. 
‘‘In this part: 
‘‘(1) COMPREHENSIVE TRANSITION AND POSTSECONDARY PRO-
GRAM
FOR
STUDENTS
WITH
INTELLECTUAL
DISABILITIES.—The 
term ‘comprehensive transition and postsecondary program for 
students with intellectual disabilities’ means a degree, certifi-
cate, or nondegree program that is— 
‘‘(A) offered by an institution of higher education; 
‘‘(B) designed to support students with intellectual 
disabilities who are seeking to continue academic, career 
and technical, and independent living instruction at an 
institution of higher education in order to prepare for gain-
ful employment; 
‘‘(C) includes an advising and curriculum structure; 
and 
‘‘(D) requires students with intellectual disabilities to 
participate on not less than a half-time basis, as determined 
by the institution, with such participation focusing on aca-
demic components and occurring through one or more of 
the following activities: 
‘‘(i) Regular enrollment in credit-bearing courses 
with nondisabled students offered by the institution. 
‘‘(ii) Auditing or participating in courses with non-
disabled students offered by the institution for which 
the student does not receive regular academic credit. 
‘‘(iii) Enrollment in noncredit-bearing, nondegree 
courses with nondisabled students. 
‘‘(iv) Participation in internships or work-based 
training in settings with nondisabled individuals. 
‘‘(2) STUDENT WITH AN INTELLECTUAL DISABILITY.—The term 
‘student with an intellectual disability’ means a student— 
‘‘(A) with mental retardation or a cognitive impairment, 
characterized by significant limitations in— 
‘‘(i) intellectual and cognitive functioning; and 
‘‘(ii) adaptive behavior as expressed in conceptual, 
social, and practical adaptive skills; and 
20 USC 1140. 
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122 STAT. 3362 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) who is currently, or was formerly, eligible for 
a free appropriate public education under the Individuals 
with Disabilities Education Act. 
‘‘Subpart 1—Demonstration Projects to Support 
Postsecondary Faculty, Staff, and Administra-
tors in Educating Students With Disabilities 
‘‘SEC. 761. PURPOSE. 
‘‘It is the purpose of this subpart to support model demonstra-
tion projects to provide technical assistance or professional develop-
ment for postsecondary faculty, staff, and administrators in institu-
tions of higher education to enable such faculty, staff, and adminis-
trators to provide students with disabilities with a quality postsec-
ondary education. 
‘‘SEC. 762. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS 
AUTHORIZED. 
‘‘(a) COMPETITIVE
GRANTS, CONTRACTS, AND
COOPERATIVE 
AGREEMENTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 765, the Secretary may award grants, contracts, and 
cooperative agreements, on a competitive basis, to institutions 
of higher education to enable the institutions to carry out 
the activities under subsection (b). 
‘‘(2) AWARDS FOR PROFESSIONAL DEVELOPMENT AND TECH-
NICAL
ASSISTANCE.—Not less than two grants, contracts, 
cooperative agreements, or a combination of such awards shall 
be awarded to institutions of higher education that provide 
professional development and technical assistance in order for 
students with learning disabilities to receive a quality postsec-
ondary education. 
‘‘(b) DURATION; ACTIVITIES.— 
‘‘(1) DURATION.—A grant, contract, or cooperative agree-
ment under this subpart shall be awarded for a period of 
three years. 
‘‘(2) AUTHORIZED ACTIVITIES.—A grant, contract, or coopera-
tive agreement awarded under this subpart shall be used to 
carry out one or more of the following activities: 
‘‘(A) 
TEACHING
METHODS
AND
STRATEGIES.—The 
development of innovative, effective, and efficient teaching 
methods and strategies, consistent with the principles of 
universal design for learning, to provide postsecondary fac-
ulty, staff, and administrators with the skills and supports 
necessary to teach and meet the academic and pro-
grammatic needs of students with disabilities, in order 
to improve the retention of such students in, and the 
completion by such students of, postsecondary education. 
Such methods and strategies may include in-service 
training, professional development, customized and general 
technical assistance, workshops, summer institutes, dis-
tance learning, and training in the use of assistive and 
educational technology. 
‘‘(B) EFFECTIVE TRANSITION PRACTICES.—The develop-
ment of innovative and effective teaching methods and 
strategies to provide postsecondary faculty, staff, and 
20 USC 1140b. 
20 USC 1140a. 
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122 STAT. 3363 
PUBLIC LAW 110–315—AUG. 14, 2008 
administrators with the skill and supports necessary to 
ensure the successful and smooth transition of students 
with disabilities from secondary school to postsecondary 
education. 
‘‘(C) SYNTHESIZING RESEARCH AND INFORMATION.—The 
synthesis of research and other information related to the 
provision of postsecondary educational services to students 
with disabilities, including data on the impact of a postsec-
ondary education on subsequent employment of students 
with disabilities. Such research, information, and data shall 
be made publicly available and accessible. 
‘‘(D) DISTANCE LEARNING.—The development of innova-
tive and effective teaching methods and strategies to pro-
vide postsecondary faculty, staff, and administrators with 
the ability to provide accessible distance education pro-
grams or classes that would enhance the access of students 
with disabilities to postsecondary education, including the 
use of accessible curricula and electronic communication 
for instruction and advising. 
‘‘(E) DISABILITY CAREER PATHWAYS.— 
‘‘(i) IN
GENERAL.—The provision of information, 
training, and technical assistance to secondary and 
postsecondary faculty, staff, and administrators with 
respect to disability-related fields that would enable 
such faculty, staff, and administrators to— 
‘‘(I) encourage interest and participation in 
such fields, among students with disabilities and 
other students; 
‘‘(II) enhance awareness and understanding of 
such fields among students with disabilities and 
other students; 
‘‘(III) provide educational opportunities in such 
fields for students with disabilities and other stu-
dents; 
‘‘(IV) teach practical skills related to such 
fields to students with disabilities and other stu-
dents; and 
‘‘(V) offer work-based opportunities in such 
fields to students with disabilities and other stu-
dents. 
‘‘(ii) DEVELOPMENT.—The training and support 
described in subclauses (I) through (V) of clause (i) 
may include offering students— 
‘‘(I) 
credit-bearing 
postsecondary-level 
coursework; and 
‘‘(II) career and educational counseling. 
‘‘(F) PROFESSIONAL DEVELOPMENT AND TRAINING SES-
SIONS.—The conduct of professional development and 
training sessions for postsecondary faculty, staff, and 
administrators from other institutions of higher education 
to enable such individuals to meet the educational needs 
of students with disabilities. 
‘‘(G) ACCESSIBILITY OF EDUCATION.—Making postsec-
ondary education more accessible to students with disabil-
ities through curriculum development, consistent with the 
principles of universal design for learning. 
Public 
information. 
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122 STAT. 3364 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) MANDATORY
EVALUATION
AND
DISSEMINATION.—An 
institution of higher education awarded a grant, contract, or 
cooperative agreement under this subpart shall evaluate and 
disseminate to other institutions of higher education, the 
information obtained through the activities described in sub-
paragraphs (A) through (G) of paragraph (2). 
‘‘(c) CONSIDERATIONS IN MAKING AWARDS.—In awarding grants, 
contracts, or cooperative agreements under this subpart, the Sec-
retary shall consider the following: 
‘‘(1) GEOGRAPHIC
DISTRIBUTION.—Providing an equitable 
geographic distribution of such awards. 
‘‘(2) RURAL AND URBAN AREAS.—Distributing such awards 
to urban and rural areas. 
‘‘(3) RANGE AND TYPE OF INSTITUTION.—Ensuring that the 
activities to be assisted are developed for a range of types 
and sizes of institutions of higher education. 
‘‘(4) PRIOR EXPERIENCE OR EXCEPTIONAL PROGRAMS.—Dis-
tributing the awards to institutions of higher education with 
demonstrated prior experience in, or exceptional programs for, 
meeting the postsecondary educational needs of students with 
disabilities. 
‘‘(d) REPORTS.— 
‘‘(1) INITIAL REPORT.—Not later than one year after the 
date of enactment of the Higher Education Opportunity Act, 
the Secretary shall prepare and submit to the authorizing 
committees, and make available to the public, a report on 
all demonstration projects awarded grants under this part for 
any of fiscal years 1999 through 2008, including a review of 
the activities and program performance of such demonstration 
projects based on existing information as of the date of the 
report. 
‘‘(2) SUBSEQUENT REPORT.—Not later than three years after 
the date of the first award of a grant under this subpart 
after the date of enactment of the Higher Education Oppor-
tunity Act, the Secretary shall prepare and submit to the 
authorizing committees, and make available to the public, a 
report that— 
‘‘(A) reviews the activities and program performance 
of the demonstration projects authorized under this sub-
part; and 
‘‘(B) provides guidance and recommendations on how 
effective projects can be replicated. 
‘‘SEC. 763. APPLICATIONS. 
‘‘Each institution of higher education desiring to receive a grant, 
contract, or cooperative agreement under this subpart shall submit 
an application to the Secretary at such time, in such manner, 
and accompanied by such information as the Secretary may require. 
Each application shall include— 
‘‘(1) a description of the activities authorized under this 
subpart that the institution proposes to carry out, and how 
such institution plans to conduct such activities in order to 
further the purpose of this subpart; 
‘‘(2) a description of how the institution consulted with 
a broad range of people within the institution to develop activi-
ties for which assistance is sought; 
20 USC 1140c. 
Public 
information. 
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122 STAT. 3365 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) a description of how the institution will coordinate 
and collaborate with the office that provides services to students 
with disabilities within the institution; and 
‘‘(4) a description of the extent to which the institution 
will work to replicate the research-based and best practices 
of institutions of higher education with demonstrated effective-
ness in serving students with disabilities. 
‘‘SEC. 764. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to impose any 
additional duty, obligation, or responsibility on an institution of 
higher education or on the institution’s faculty, administrators, 
or staff than is required under section 504 of the Rehabilitation 
Act of 1973 (29 U.S.C. 794) and the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.). 
‘‘SEC. 765. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘Subpart 2—Transition Programs for Students 
With Intellectual Disabilities Into Higher Edu-
cation 
‘‘SEC. 766. PURPOSE. 
‘‘It is the purpose of this subpart to support model demonstra-
tion programs that promote the successful transition of students 
with intellectual disabilities into higher education. 
‘‘SEC. 767. MODEL COMPREHENSIVE TRANSITION AND POSTSEC-
ONDARY PROGRAMS FOR STUDENTS WITH INTELLECTUAL 
DISABILITIES. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 769(a), the Secretary shall annually award grants, on 
a competitive basis, to institutions of higher education (or con-
sortia of institutions of higher education), to enable the institu-
tions or consortia to create or expand high quality, inclusive 
model comprehensive transition and postsecondary programs 
for students with intellectual disabilities. 
‘‘(2) ADMINISTRATION.—The program under this section 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(3) DURATION
OF
GRANTS.—A grant under this section 
shall be awarded for a period of 5 years. 
‘‘(b) APPLICATION.—An institution of higher education (or a 
consortium) desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(c) AWARD BASIS.—In awarding grants under this section, the 
Secretary shall— 
‘‘(1) provide for an equitable geographic distribution of such 
grants; 
‘‘(2) provide grant funds for model comprehensive transition 
and postsecondary programs for students with intellectual 
20 USC 1140g. 
20 USC 1140f. 
20 USC 1140e. 
20 USC 1140d. 
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122 STAT. 3366 
PUBLIC LAW 110–315—AUG. 14, 2008 
disabilities that will serve areas that are underserved by pro-
grams of this type; and 
‘‘(3) give preference to applications submitted under sub-
section (b) that agree to incorporate into the model comprehen-
sive transition and postsecondary program for students with 
intellectual disabilities carried out under the grant one or more 
of the following elements: 
‘‘(A) The formation of a partnership with any relevant 
agency serving students with intellectual disabilities, such 
as a vocational rehabilitation agency. 
‘‘(B) In the case of an institution of higher education 
that provides institutionally owned or operated housing 
for students attending the institution, the integration of 
students with intellectual disabilities into the housing 
offered to nondisabled students. 
‘‘(C) The involvement of students attending the institu-
tion of higher education who are studying special education, 
general education, vocational rehabilitation, assistive tech-
nology, or related fields in the model program. 
‘‘(d) USE OF FUNDS.—An institution of higher education (or 
consortium) receiving a grant under this section shall use the 
grant funds to establish a model comprehensive transition and 
postsecondary program for students with intellectual disabilities 
that— 
‘‘(1) serves students with intellectual disabilities; 
‘‘(2) provides individual supports and services for the aca-
demic and social inclusion of students with intellectual disabil-
ities in academic courses, extracurricular activities, and other 
aspects of the institution of higher education’s regular postsec-
ondary program; 
‘‘(3) with respect to the students with intellectual disabil-
ities participating in the model program, provides a focus on— 
‘‘(A) academic enrichment; 
‘‘(B) socialization; 
‘‘(C) independent living skills, including self-advocacy 
skills; and 
‘‘(D) integrated work experiences and career skills that 
lead to gainful employment; 
‘‘(4) integrates person-centered planning in the develop-
ment of the course of study for each student with an intellectual 
disability participating in the model program; 
‘‘(5) participates with the coordinating center established 
under section 777(b) in the evaluation of the model program; 
‘‘(6) partners with one or more local educational agencies 
to support students with intellectual disabilities participating 
in the model program who are still eligible for special education 
and related services under the Individuals with Disabilities 
Education Act, including the use of funds available under part 
B of such Act to support the participation of such students 
in the model program; 
‘‘(7) plans for the sustainability of the model program after 
the end of the grant period; and 
‘‘(8) creates and offers a meaningful credential for students 
with intellectual disabilities upon the completion of the model 
program. 
‘‘(e) MATCHING REQUIREMENT.—An institution of higher edu-
cation (or consortium) that receives a grant under this section 
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122 STAT. 3367 
PUBLIC LAW 110–315—AUG. 14, 2008 
shall provide matching funds toward the cost of the model com-
prehensive transition and postsecondary program for students with 
intellectual disabilities carried out under the grant. Such matching 
funds may be provided in cash or in-kind, and shall be in an 
amount of not less than 25 percent of the amount of such costs. 
‘‘(f) REPORT.—Not later than five years after the date of the 
first grant awarded under this section, the Secretary shall prepare 
and disseminate a report to the authorizing committees and to 
the public that— 
‘‘(1) reviews the activities of the model comprehensive 
transition and postsecondary programs for students with 
intellectual disabilities funded under this section; and 
‘‘(2) provides guidance and recommendations on how effec-
tive model programs can be replicated. 
‘‘SEC. 768. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to reduce or 
expand— 
‘‘(1) the obligation of a State or local educational agency 
to provide a free appropriate public education, as defined in 
section 602 of the Individuals with Disabilities Education Act; 
or 
‘‘(2) eligibility requirements under any Federal, State, or 
local disability law, including the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12101 et seq.), the Rehabilitation Act 
of 1973 (29 U.S.C. 701 et seq.), or the Developmental Disabil-
ities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
15001 et seq.). 
‘‘SEC. 769. AUTHORIZATION OF APPROPRIATIONS AND RESERVATION. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this subpart such sums as may 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘(b) RESERVATION OF FUNDS.—For any fiscal year for which 
appropriations are made for this subpart, the Secretary shall 
reserve funds to enter into a cooperative agreement to establish 
the coordinating center under section 777(b), in an amount that 
is— 
‘‘(1) not less than $240,000 for any year in which the 
amount appropriated to carry out this subpart is $8,000,000 
or less; or 
‘‘(2) equal to 3 percent of the amount appropriated to carry 
out this subpart for any year in which such amount appro-
priated is greater than $8,000,000. 
‘‘Subpart 3—Commission on Accessible Materials; 
Programs to Support Improved Access to Mate-
rials 
‘‘SEC. 771. DEFINITION OF STUDENT WITH A PRINT DISABILITY. 
‘‘In this subpart, the term ‘student with a print disability’ 
means a student with a disability who experiences barriers to 
accessing instructional material in nonspecialized formats, including 
an individual described in section 121(d)(2) of title 17, United 
States Code. 
20 USC 1140k. 
Contracts. 
20 USC 1140i. 
20 USC 1140h. 
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122 STAT. 3368 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 772. ESTABLISHMENT OF ADVISORY COMMISSION ON ACCES-
SIBLE INSTRUCTIONAL MATERIALS IN POSTSECONDARY 
EDUCATION FOR STUDENTS WITH DISABILITIES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall establish a commis-
sion to be known as the Advisory Commission on Accessible 
Instructional Materials in Postsecondary Education for Stu-
dents with Disabilities (in this section referred to as the 
‘Commission’). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) TOTAL NUMBER OF MEMBERS.—The Commission 
shall include not more than 19 members, who shall be 
appointed by the Secretary in accordance with in subpara-
graphs (B) and (C). 
‘‘(B) MEMBERS OF THE COMMISSION.—The Commission 
members shall include one representative from each of 
the following categories: 
‘‘(i) The Office of Postsecondary Education of the 
Department. 
‘‘(ii) The Office of Special Education and Rehabili-
tative Services of the Department. 
‘‘(iii) The Office for Civil Rights of the Department. 
‘‘(iv) The Library of Congress National Digital 
Information and Infrastructure Preservation Program 
Copyright Working Group. 
‘‘(v) The Association on Higher Education and Dis-
ability. 
‘‘(vi) The Association of American Publishers. 
‘‘(vii) The Association of American University 
Presses. 
‘‘(viii) The National Council on Disability. 
‘‘(ix) Recording for the Blind and Dyslexic. 
‘‘(x) National organizations representing individ-
uals with visual impairments. 
‘‘(xi) National organizations representing individ-
uals with learning disabilities. 
‘‘(C) ADDITIONAL MEMBERS OF THE COMMISSION.—The 
Commission members shall include two representatives 
from each of the following categories: 
‘‘(i) Staff from institutions of higher education with 
demonstrated experience teaching or supporting stu-
dents with print disabilities, including representatives 
from both two-year and four-year institutions of higher 
education of different sizes. 
‘‘(ii) Producers of accessible materials, publishing 
software, and supporting technologies in specialized 
formats, such as Braille, audio or synthesized speech, 
and digital media. 
‘‘(iii) 
Individuals 
with 
visual 
impairments, 
including not less than one currently enrolled postsec-
ondary student. 
‘‘(iv) Individuals with dyslexia or other learning 
disabilities related to reading, including not less than 
one currently enrolled postsecondary student. 
‘‘(D) TIMING.—The Secretary shall appoint the mem-
bers of the Commission not later than 60 days after the 
Commission is established under paragraph (1). 
Deadline. 
20 USC 1140l. 
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122 STAT. 3369 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) CHAIRPERSON AND VICE CHAIRPERSON.—The Commis-
sion shall select a chairperson and vice chairperson from among 
the members of the Commission. 
‘‘(4) MEETINGS.— 
‘‘(A) IN GENERAL.—The Commission shall meet at the 
call of the Chairperson. 
‘‘(B) FIRST
MEETING.—Not later than 60 days after 
the appointment of the members of the Commission under 
paragraph (2)(D), the Commission shall hold the Commis-
sion’s first meeting. 
‘‘(5) QUORUM.—A majority of the members of the Commis-
sion shall constitute a quorum, but a lesser number of members 
may hold hearings. 
‘‘(b) DUTIES OF THE COMMISSION.— 
‘‘(1) STUDY.— 
‘‘(A) IN GENERAL.—The Commission shall conduct a 
comprehensive study to— 
‘‘(i) assess the barriers and systemic issues that 
may affect, and technical solutions available that may 
improve, the timely delivery and quality of accessible 
instructional materials for postsecondary students with 
print disabilities, as well as the effective use of such 
materials by faculty and staff; and 
‘‘(ii) make recommendations related to the develop-
ment of a comprehensive approach to improve the 
opportunities for postsecondary students with print 
disabilities to access instructional materials in special-
ized formats in a timeframe comparable to the avail-
ability of instructional materials for postsecondary non-
disabled students. 
‘‘(B) EXISTING
INFORMATION.—To the extent prac-
ticable, in carrying out the study under this paragraph, 
the Commission shall identify and use existing research, 
recommendations, and information. 
‘‘(C) RECOMMENDATIONS.— 
‘‘(i) IN GENERAL.—The Commission shall develop 
recommendations— 
‘‘(I) to inform Federal regulations and legisla-
tion; 
‘‘(II) to support the model demonstration pro-
grams authorized under section 773; 
‘‘(III) to identify best practices in systems for 
collecting, maintaining, processing, and dissemi-
nating materials in specialized formats to students 
with print disabilities at costs comparable to 
instructional materials for postsecondary non-
disabled students; 
‘‘(IV) to improve the effective use of such mate-
rials by faculty and staff, while complying with 
applicable copyright law; and 
‘‘(V) to modify the definitions of instructional 
materials, authorized entities, and eligible stu-
dents, as such terms are used in applicable Federal 
law, for the purpose of improving services to stu-
dents with disabilities. 
Deadline. 
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122 STAT. 3370 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) CONSIDERATIONS.—In developing the rec-
ommendations under subparagraph (C), the Commis-
sion shall consider— 
‘‘(I) how students with print disabilities may 
obtain instructional materials in accessible for-
mats— 
‘‘(aa) within a timeframe comparable to 
the availability of instructional materials for 
nondisabled students; and 
‘‘(bb) to the maximum extent practicable, 
at costs comparable to the costs of such mate-
rials for nondisabled students; 
‘‘(II) the feasibility and technical parameters 
of establishing standardized electronic file formats, 
such as the National Instructional Materials Acces-
sibility Standard as defined in section 674(e)(3) 
of the Individuals with Disabilities Education Act, 
to be provided by publishers of instructional mate-
rials to producers of materials in specialized for-
mats, institutions of higher education, and eligible 
students; 
‘‘(III) the feasibility of establishing a national 
clearinghouse, repository, or file-sharing network 
for electronic files in specialized formats and files 
used in producing instructional materials in 
specialized formats, and a list of possible entities 
qualified to administer such clearinghouse, reposi-
tory, or network; 
‘‘(IV) the feasibility of establishing market- 
based solutions involving collaborations among 
publishers of instructional materials, producers of 
materials in specialized formats, and institutions 
of higher education; 
‘‘(V) solutions utilizing universal design; and 
‘‘(VI) solutions for low-incidence, high-cost 
requests for instructional materials in specialized 
formats. 
‘‘(2) REPORT.—Not later than one year after the Commis-
sion’s first meeting, the Commission shall submit a report 
to the Secretary and the authorizing committees detailing the 
findings and recommendations of the study conducted under 
paragraph (1). 
‘‘(3) DISSEMINATION OF INFORMATION.—In carrying out the 
study under paragraph (1), the Commission shall disseminate 
information concerning the issues that are the subject of the 
study through— 
‘‘(A) the National Technical Assistance Center estab-
lished under subpart 4; and 
‘‘(B) other means, as determined by the Commission. 
‘‘(c) TERMINATION OF THE COMMISSION.—The Commission shall 
terminate on the date that is 90 days after the date on which 
the Commission submits the report under subsection (b)(2) to the 
Secretary and the authorizing committees. 
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122 STAT. 3371 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 
773. 
MODEL 
DEMONSTRATION 
PROGRAMS 
TO 
SUPPORT 
IMPROVED ACCESS TO POSTSECONDARY INSTRUCTIONAL 
MATERIALS FOR STUDENTS WITH PRINT DISABILITIES. 
‘‘(a) PURPOSE.—It is the purpose of this section to support 
model demonstration programs for the purpose of encouraging the 
development of systems to improve the quality of postsecondary 
instructional materials in specialized formats and such materials’ 
timely delivery to postsecondary students with print disabilities, 
including systems to improve efficiency and reduce duplicative 
efforts across multiple institutions of higher education. 
‘‘(b) DEFINITION OF ELIGIBLE PARTNERSHIP.—In this section, 
the term ‘eligible partnership’ means a partnership that— 
‘‘(1) shall include— 
‘‘(A) an institution of higher education with dem-
onstrated expertise in meeting the needs of students with 
print disabilities, including the retention of such students 
in, and such students’ completion of, postsecondary edu-
cation; and 
‘‘(B) a public or private entity, other than an institution 
of higher education, with— 
‘‘(i) demonstrated expertise in developing acces-
sible instructional materials in specialized formats for 
postsecondary students with print disabilities; and 
‘‘(ii) the technical development expertise necessary 
for the efficient dissemination of such materials, 
including procedures to protect against copyright 
infringement with respect to the creation, use, and 
distribution of instructional materials in specialized 
formats; and 
‘‘(2) may include representatives of the publishing industry. 
‘‘(c) PROGRAM AUTHORIZED.—From amounts appropriated under 
section 775, the Secretary shall award grants or contracts, on a 
competitive basis, to not less than one eligible partnership to enable 
the eligible partnership to support the activities described in sub-
section (f) and, as applicable, subsection (g). 
‘‘(d) APPLICATION.—An eligible partnership that desires a grant 
or contract under this section shall submit an application at such 
time, in such manner, and in such format as the Secretary may 
prescribe. The application shall include information on how the 
eligible partnership will implement activities under subsection (f) 
and, as applicable, subsection (g). 
‘‘(e) PRIORITY.—In awarding grants or contracts under this sec-
tion, the Secretary shall give priority to any applications that 
include the development and implementation of the procedures 
and approaches described in paragraphs (2) and (3) of subsection 
(g). 
‘‘(f) REQUIRED
ACTIVITIES.—An eligible partnership that 
receives a grant or contract under this section shall use the grant 
or contract funds to carry out the following: 
‘‘(1) Supporting the development and implementation of 
the following: 
‘‘(A) Processes and systems to help identify, and verify 
eligibility of, postsecondary students with print disabilities 
in need of instructional materials in specialized formats. 
‘‘(B) Procedures and systems to facilitate and simplify 
request methods for accessible instructional materials in 
specialized formats from eligible students described in 
Grants. 
Contracts. 
20 USC 1140m. 
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122 STAT. 3372 
PUBLIC LAW 110–315—AUG. 14, 2008 
subparagraph (A), which may include a single point-of- 
entry system. 
‘‘(C) Procedures and systems to coordinate among 
institutions of higher education, publishers of instructional 
materials, and entities that produce materials in special-
ized formats, to efficiently facilitate— 
‘‘(i) requests for such materials; 
‘‘(ii) the responses to such requests; and 
‘‘(iii) the delivery of such materials. 
‘‘(D) Delivery systems that will ensure the timely provi-
sion of instructional materials in specialized formats to 
eligible students, which may include electronic file distribu-
tion. 
‘‘(E) Systems to reduce duplicative conversions and 
improve sharing of the same instructional materials in 
specialized formats for multiple eligible students at mul-
tiple institutions of higher education. 
‘‘(F) Procedures to protect against copyright infringe-
ment with respect to the development, use, and distribution 
of instructional materials in specialized formats while 
maintaining accessibility for eligible students, which may 
include 
digital 
technologies 
such 
as 
watermarking, 
fingerprinting, and other emerging approaches. 
‘‘(G) Awareness, outreach, and training activities for 
faculty, staff, and students related to the acquisition and 
dissemination of instructional materials in specialized for-
mats and instructional materials utilizing universal design. 
‘‘(2) Providing recommendations on how effective proce-
dures and systems described in paragraph (1) may be dissemi-
nated and implemented on a national basis. 
‘‘(g) AUTHORIZED APPROACHES.—An eligible partnership that 
receives a grant or contract under this section may use the grant 
or contract funds to support the development and implementation 
of the following: 
‘‘(1) Approaches for the provision of instructional materials 
in specialized formats limited to instructional materials used 
in smaller categories of postsecondary courses, such as introduc-
tory, first-, and second-year courses. 
‘‘(2) Approaches supporting a unified search for instruc-
tional materials in specialized formats across multiple data-
bases or lists of available materials. 
‘‘(3) Market-based approaches for making instructional 
materials in specialized formats directly available to eligible 
students at prices comparable to standard instructional mate-
rials. 
‘‘(h) REPORT.—Not later than three years after the date of 
the first grant or contract awarded under this section, the Secretary 
shall submit to the authorizing committees a report that includes— 
‘‘(1) the number of grants and contracts and the amount 
of funds distributed under this section; 
‘‘(2) a summary of the purposes for which the grants and 
contracts were provided and an evaluation of the progress 
made under such grants and contracts; 
‘‘(3) a summary of the activities implemented under sub-
section (f) and, as applicable, subsection (g), including data 
on the number of postsecondary students with print disabilities 
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122 STAT. 3373 
PUBLIC LAW 110–315—AUG. 14, 2008 
served and the number of instructional material requests 
executed and delivered in specialized formats; and 
‘‘(4) an evaluation of the effectiveness of programs funded 
under this section. 
‘‘(i) MODEL EXPANSION.—The Secretary may, on the basis of 
the reports under subsection (h) and section 772(b)(2) and any 
evaluations of the projects funded under this section, expand the 
program under this section to additional grant or contract recipients 
that use other programmatic approaches and serve different 
geographic regions, if the Secretary finds that the models used 
under this section— 
‘‘(1) are effective in improving the timely delivery and 
quality of materials in specialized formats; and 
‘‘(2) 
provide 
adequate 
protections 
against 
copyright 
infringement. 
‘‘SEC. 774. RULE OF CONSTRUCTION. 
‘‘Nothing in this subpart shall be construed to limit or preempt 
any State law requiring the production or distribution of postsec-
ondary instructional materials in accessible formats to students 
with disabilities. 
‘‘SEC. 775. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be appropriated 
to carry out this subpart such sums as may be necessary for 
fiscal year 2009 and each of the five succeeding fiscal years. 
‘‘(b) PRIORITY.—For the first fiscal year for which funds are 
made available under this section, the Secretary shall give priority 
to allocating funding for the purposes of section 772. 
‘‘Subpart 4—National Technical Assistance 
Center; Coordinating Center 
‘‘SEC. 776. PURPOSE. 
‘‘It is the purpose of this subpart to provide technical assistance 
and information on best and promising practices to students with 
disabilities, the families of students with disabilities, and entities 
awarded grants, contracts, or cooperative agreements under subpart 
1, 2, or 3 to improve the postsecondary recruitment, transition, 
retention, and completion rates of students with disabilities. 
‘‘SEC. 777. NATIONAL TECHNICAL ASSISTANCE CENTER; COORDI-
NATING CENTER. 
‘‘(a) NATIONAL CENTER.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sec-
tion 778, the Secretary shall award a grant to, or enter into 
a contract or cooperative agreement with, an eligible entity 
to provide for the establishment and support of a National 
Center for Information and Technical Support for Postsecondary 
Students with Disabilities (in this subsection referred to as 
the ‘National Center’). The National Center shall carry out 
the duties set forth in paragraph (4). 
‘‘(2) ADMINISTRATION.—The program under this section 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(3) ELIGIBLE ENTITY.—In this subpart, the term ‘eligible 
entity’ means an institution of higher education, a nonprofit 
Grants. 
Contracts. 
20 USC 1140q. 
20 USC 1140p. 
20 USC 1140o. 
20 USC 1140n. 
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122 STAT. 3374 
PUBLIC LAW 110–315—AUG. 14, 2008 
organization, or partnership of two or more such institutions 
or organizations, with demonstrated expertise in— 
‘‘(A) supporting students with disabilities in postsec-
ondary education; 
‘‘(B) technical knowledge necessary for the dissemina-
tion of information in accessible formats; 
‘‘(C) working with diverse types of institutions of higher 
education, including community colleges; and 
‘‘(D) the subjects supported by the grants, contracts, 
or cooperative agreements authorized in subparts 1, 2, 
and 3. 
‘‘(4) DUTIES.—The duties of the National Center shall 
include the following: 
‘‘(A) ASSISTANCE
TO
STUDENTS
AND
FAMILIES.—The 
National Center shall provide information and technical 
assistance to students with disabilities and the families 
of students with disabilities to support students across 
the broad spectrum of disabilities, including— 
‘‘(i) information to assist individuals with disabil-
ities who are prospective students of an institution 
of higher education in planning for postsecondary edu-
cation while the students are in secondary school; 
‘‘(ii) information and technical assistance provided 
to individualized education program teams (as defined 
in section 614(d)(1) of the Individuals with Disabilities 
Education Act) for secondary school students with 
disabilities, and to early outreach and student services 
programs, including programs authorized under sub-
parts 2, 4, and 5 of part A of title IV, to support 
students across a broad spectrum of disabilities with 
the successful transition to postsecondary education; 
‘‘(iii) research-based supports, services, and accom-
modations which are available in postsecondary set-
tings, including services provided by other agencies 
such as vocational rehabilitation; 
‘‘(iv) information on student mentoring and net-
working opportunities for students with disabilities; 
and 
‘‘(v) effective recruitment and transition programs 
at postsecondary educational institutions. 
‘‘(B) ASSISTANCE
TO
INSTITUTIONS
OF
HIGHER
EDU-
CATION.—The National Center shall provide information 
and technical assistance to faculty, staff, and administra-
tors of institutions of higher education to improve the serv-
ices provided to, the accommodations for, the retention 
rates of, and the completion rates of, students with disabil-
ities in higher education settings, which may include— 
‘‘(i) collection and dissemination of best and prom-
ising practices and materials for accommodating and 
supporting students with disabilities, including prac-
tices and materials supported by the grants, contracts, 
or cooperative agreements authorized under subparts 
1, 2, and 3; 
‘‘(ii) development and provision of training modules 
for higher education faculty on exemplary practices 
for accommodating and supporting postsecondary stu-
dents with disabilities across a range of academic 
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122 STAT. 3375 
PUBLIC LAW 110–315—AUG. 14, 2008 
fields, which may include universal design for learning 
and practices supported by the grants, contracts, or 
cooperative agreements authorized under subparts 1, 
2, and 3; and 
‘‘(iii) development of technology-based tutorials for 
higher education faculty and staff, including new fac-
ulty and graduate students, on best and promising 
practices related to support and retention of students 
with disabilities in postsecondary education. 
‘‘(C) INFORMATION COLLECTION AND DISSEMINATION.— 
The National Center shall be responsible for building, 
maintaining, and updating a database of disability support 
services information with respect to institutions of higher 
education, or for expanding and updating an existing data-
base of disabilities support services information with 
respect to institutions of higher education. Such database 
shall be available to the general public through a website 
built to high technical standards of accessibility practicable 
for the broad spectrum of individuals with disabilities. 
Such database and website shall include available informa-
tion on— 
‘‘(i) disability documentation requirements; 
‘‘(ii) support services available; 
‘‘(iii) links to financial aid; 
‘‘(iv) accommodations policies; 
‘‘(v) accessible instructional materials; 
‘‘(vi) other topics relevant to students with disabil-
ities; and 
‘‘(vii) the information in the report described in 
subparagraph (E). 
‘‘(D) DISABILITY
SUPPORT
SERVICES.—The National 
Center shall work with organizations and individuals with 
proven expertise related to disability support services for 
postsecondary students with disabilities to evaluate, 
improve, and disseminate information related to the 
delivery of high quality disability support services at 
institutions of higher education. 
‘‘(E) REVIEW AND REPORT.—Not later than three years 
after the establishment of the National Center, and every 
two years thereafter, the National Center shall prepare 
and disseminate a report to the Secretary and the author-
izing committees analyzing the condition of postsecondary 
success for students with disabilities. Such report shall 
include— 
‘‘(i) a review of the activities and the effectiveness 
of the programs authorized under this part; 
‘‘(ii) annual enrollment and graduation rates of 
students with disabilities in institutions of higher edu-
cation from publicly reported data; 
‘‘(iii) recommendations for effective postsecondary 
supports and services for students with disabilities, 
and how such supports and services may be widely 
implemented at institutions of higher education; 
‘‘(iv) recommendations on reducing barriers to full 
participation for students with disabilities in higher 
education; and 
Public 
information. 
Web site. 
Records. 
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122 STAT. 3376 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(v) a description of strategies with a demonstrated 
record of effectiveness in improving the success of such 
students in postsecondary education. 
‘‘(F) STAFFING OF THE CENTER.—In hiring employees 
of the National Center, the National Center shall consider 
the expertise and experience of prospective employees in 
providing training and technical assistance to practitioners. 
‘‘(b) COORDINATING CENTER.— 
‘‘(1) DEFINITION OF ELIGIBLE ENTITY.—In this subsection, 
the term ‘eligible entity’ means an entity, or a partnership 
of entities, that has demonstrated expertise in the fields of— 
‘‘(A) higher education; 
‘‘(B) the education of students with intellectual disabil-
ities; 
‘‘(C) the development of comprehensive transition and 
postsecondary programs for students with intellectual 
disabilities; and 
‘‘(D) evaluation and technical assistance. 
‘‘(2) IN GENERAL.—From amounts appropriated under sec-
tion 778, the Secretary shall enter into a cooperative agreement, 
on a competitive basis, with an eligible entity for the purpose 
of establishing a coordinating center for institutions of higher 
education that offer inclusive comprehensive transition and 
postsecondary programs for students with intellectual disabil-
ities, including institutions participating in grants authorized 
under subpart 2, to provide— 
‘‘(A) recommendations related to the development of 
standards for such programs; 
‘‘(B) technical assistance for such programs; and 
‘‘(C) evaluations for such programs. 
‘‘(3) ADMINISTRATION.—The program under this subsection 
shall be administered by the office in the Department that 
administers other postsecondary education programs. 
‘‘(4) DURATION.—The Secretary shall enter into a coopera-
tive agreement under this subsection for a period of five years. 
‘‘(5) REQUIREMENTS
OF
COOPERATIVE
AGREEMENT.—The 
eligible entity entering into a cooperative agreement under 
this subsection shall establish and maintain a coordinating 
center that shall— 
‘‘(A) serve as the technical assistance entity for all 
comprehensive transition and postsecondary programs for 
students with intellectual disabilities; 
‘‘(B) provide technical assistance regarding the develop-
ment, evaluation, and continuous improvement of such pro-
grams; 
‘‘(C) develop an evaluation protocol for such programs 
that includes qualitative and quantitative methodologies 
for measuring student outcomes and program strengths 
in the areas of academic enrichment, socialization, inde-
pendent living, and competitive or supported employment; 
‘‘(D) assist recipients of grants under subpart 2 in 
efforts to award a meaningful credential to students with 
intellectual disabilities upon the completion of such pro-
grams, which credential shall take into consideration 
unique State factors; 
‘‘(E) develop recommendations for the necessary compo-
nents of such programs, such as— 
Contracts. 
Contracts. 
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122 STAT. 3377 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) academic, vocational, social, and independent 
living skills; 
‘‘(ii) evaluation of student progress; 
‘‘(iii) program administration and evaluation; 
‘‘(iv) student eligibility; and 
‘‘(v) issues regarding the equivalency of a student’s 
participation in such programs to semester, trimester, 
quarter, credit, or clock hours at an institution of 
higher education, as the case may be; 
‘‘(F) analyze possible funding streams for such pro-
grams and provide recommendations regarding the funding 
streams; 
‘‘(G) develop model memoranda of agreement for use 
between or among institutions of higher education and 
State and local agencies providing funding for such pro-
grams; 
‘‘(H) develop mechanisms for regular communication, 
outreach and dissemination of information about com-
prehensive transition and postsecondary programs for stu-
dents with intellectual disabilities under subpart 2 between 
or among such programs and to families and prospective 
students; 
‘‘(I) host a meeting of all recipients of grants under 
subpart 2 not less often than once each year; and 
‘‘(J) convene a workgroup to develop and recommend 
model criteria, standards, and components of such pro-
grams as described in subparagraph (E), that are appro-
priate for the development of accreditation standards, 
which workgroup shall include— 
‘‘(i) an expert in higher education; 
‘‘(ii) an expert in special education; 
‘‘(iii) a disability organization that represents stu-
dents with intellectual disabilities; 
‘‘(iv) a representative from the National Advisory 
Committee on Institutional Quality and Integrity; and 
‘‘(v) a representative of a regional or national 
accreditation agency or association. 
‘‘(6) REPORT.—Not later than five years after the date of 
the establishment of the coordinating center under this sub-
section, the coordinating center shall report to the Secretary, 
the authorizing committees, and the National Advisory Com-
mittee on Institutional Quality and Integrity on the rec-
ommendations of the workgroup described in paragraph (5)(J). 
‘‘SEC. 778. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years.’’. 
SEC. 710. SUBGRANTS TO NONPROFIT ORGANIZATIONS. 
Section 781 (as redesignated by section 709(1)) (20 U.S.C. 1141) 
is amended— 
(1) in subsection (a), by striking the second sentence and 
inserting the following: ‘‘In addition to the amount authorized 
and appropriated under the preceding sentence, 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 five succeeding fiscal years.’’; 
20 USC 1140r. 
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122 STAT. 3378 
PUBLIC LAW 110–315—AUG. 14, 2008 
(2) in subsection (b)(1), by inserting ‘‘, subject to the avail-
ability of appropriations,’’ after ‘‘the Secretary shall’’; and 
(3) in subsection (e), by inserting after ‘‘of this Act)’’ the 
following: ‘‘, or those nonprofit organizations that have agree-
ments with the Secretary under section 435(j)’’. 
TITLE VIII—ADDITIONAL PROGRAMS 
SEC. 801. ADDITIONAL PROGRAMS. 
The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
is further amended by adding at the end the following new title: 
‘‘TITLE VIII—ADDITIONAL PROGRAMS 
‘‘PART A—PROJECT GRAD 
‘‘SEC. 801. PROJECT GRAD. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to provide support and assistance to programs imple-
menting integrated education reform services in order to 
improve secondary school graduation, postsecondary program 
attendance, and postsecondary completion rates for low-income 
students; and 
‘‘(2) to promote the establishment of new programs to imple-
ment such integrated education reform services. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) LOW-INCOME STUDENT.—The term ‘low-income student’ 
means a student who is determined by a local educational 
agency to be from a low-income family using the measures 
described in section 1113(a)(5) of the Elementary and Secondary 
Education Act of 1965. 
‘‘(2) FEEDER PATTERN.—The term ‘feeder pattern’ means 
a secondary school and the elementary schools and middle 
schools that channel students into that secondary school. 
‘‘(c) CONTRACT AUTHORIZED.—From the amount appropriated 
to carry out this section, the Secretary is authorized to award 
a five-year contract to Project GRAD USA (referred to in this 
section as the ‘contractor’), a nonprofit education organization that 
has as its primary purpose the improvement of secondary school 
graduation and postsecondary attendance and completion rates for 
low-income students. Such contract shall be used to carry out the 
requirements of subsection (d) and to implement and sustain 
integrated education reform services through subcontractor activi-
ties described in subsection (e)(3) at existing Project GRAD program 
sites and to promote the expansion to new sites. 
‘‘(d) REQUIREMENTS OF CONTRACT.—The Secretary shall enter 
into an agreement with the contractor that requires that the con-
tractor shall— 
‘‘(1) enter into subcontracts with nonprofit educational 
organizations that serve a substantial number or percentage 
of low-income students (referred to in this subsection as ‘sub-
contractors’), under which the subcontractors agree to imple-
ment the Project GRAD programs described in subsection (e) 
and provide matching funds for such programs; 
‘‘(2) directly carry out— 
20 USC 1161a. 
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122 STAT. 3379 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) activities to implement and sustain the literacy, 
mathematics, classroom management, social service, and 
postsecondary access programs further described in sub-
section (e)(3); 
‘‘(B) activities to build the organizational and manage-
ment capacity of the subcontractors to effectively imple-
ment and sustain the programs; 
‘‘(C) activities for the purpose of improving and 
expanding the programs, including activities— 
‘‘(i) to further articulate a program for one or more 
grade levels and across grade levels; 
‘‘(ii) to tailor a program for a particular target 
audience; and 
‘‘(iii) to provide tighter integration across pro-
grams; 
‘‘(D) activities for the purpose of implementing new 
Project GRAD program sites; 
‘‘(E) activities for the purpose of promoting greater 
public awareness of integrated education reform services 
to improve secondary school graduation and postsecondary 
attendance rates for low-income students; and 
‘‘(F) other activities directly related to improving sec-
ondary school graduation and postsecondary attendance 
and completion rates for low-income students; and 
‘‘(3) use contract funds available under this section to pay— 
‘‘(A) the amount determined under subsection (f); and 
‘‘(B) costs associated with carrying out the activities 
and providing the services, as provided in paragraph (2) 
of this subsection. 
‘‘(e) SUPPORTED PROGRAMS.— 
‘‘(1) DESIGNATION.—The subcontractor programs referred 
to in this subsection shall be known as Project GRAD programs. 
‘‘(2) FEEDER PATTERNS.—Each subcontractor shall imple-
ment a Project GRAD program and shall, with the agreement 
of the contractor— 
‘‘(A) identify or establish not less than one feeder pat-
tern of public schools; and 
‘‘(B) provide the integrated educational reform services 
described in paragraph (3) at each identified feeder pattern. 
‘‘(3) INTEGRATED EDUCATION REFORM SERVICES.—The serv-
ices provided through a Project GRAD program may include— 
‘‘(A) research-based programs in reading, mathematics, 
and classroom management; 
‘‘(B) campus-based social services programs, including 
a systematic approach to increase family and community 
involvement in the schools served by the Project GRAD 
program; 
‘‘(C) a postsecondary access program that includes— 
‘‘(i) providing postsecondary scholarships for stu-
dents who meet established criteria; 
‘‘(ii) proven approaches for increasing student and 
family postsecondary awareness; and 
‘‘(iii) assistance for students in applying for higher 
education financial aid; and 
‘‘(D) such other services identified by the contractor 
as necessary to increase secondary school graduation and 
postsecondary attendance and completion rates. 
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122 STAT. 3380 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(f) USE
OF FUNDS.—Of the funds made available to carry 
out this section, not more than five percent of such funds, or 
$4,000,000, whichever is less, shall be used by the contractor to 
pay for administration of the contract. 
‘‘(g) CONTRIBUTION AND MATCHING REQUIREMENT.— 
‘‘(1) IN
GENERAL.—The contractor shall provide to each 
subcontractor an average of $200 for each student served by 
the subcontractor in the Project GRAD program, adjusted to 
take into consideration— 
‘‘(A) the resources or funds available in the area where 
the subcontractor will implement the Project GRAD pro-
gram; and 
‘‘(B) the need for the Project GRAD program in such 
area to improve student outcomes, including reading and 
mathematics achievement, secondary school graduation, 
and postsecondary attendance and completion rates. 
‘‘(2) MATCHING
REQUIREMENT.—Each subcontractor shall 
provide funds for the Project GRAD program in an amount 
that is equal to the amount received by the subcontractor 
from the contractor. Such matching funds may be provided 
in cash or in kind, fairly evaluated. 
‘‘(3) WAIVER
AUTHORITY.—The contractor may waive, in 
whole or in part, the requirement of paragraph (2) for a subcon-
tractor, if the subcontractor— 
‘‘(A) demonstrates that the subcontractor would not 
otherwise be able to participate in the program; and 
‘‘(B) enters into an agreement with the contractor with 
respect to the amount to which the waiver will apply. 
‘‘(h) EVALUATION.— 
‘‘(1) EVALUATION BY THE SECRETARY.—The Secretary shall 
select an independent entity to evaluate, every three years, 
the performance of students who participate in a Project GRAD 
program under this section. The evaluation shall— 
‘‘(A) be conducted using a rigorous research design 
for determining the effectiveness of the Project GRAD pro-
grams funded under this section; and 
‘‘(B) compare reading and mathematics achievement, 
secondary school graduation, and postsecondary attendance 
and completion rates of students who participate in a 
Project GRAD program funded under this section with 
those indicators for students of similar backgrounds who 
do not participate in such program. 
‘‘(2) EVALUATION BY CONTRACTOR AND SUBCONTRACTORS.— 
The contractor shall require each subcontractor to prepare an 
in-depth report of the results and the use of funds of each 
Project GRAD program funded under this section that 
includes— 
‘‘(A) data on the reading and mathematics achievement 
of students involved in the Project GRAD program; 
‘‘(B) data on secondary school graduation and postsec-
ondary attendance and completion rates; and 
‘‘(C) such financial reporting as required by the Sec-
retary to review the effectiveness and efficiency of the 
program. 
‘‘(3) AVAILABILITY OF EVALUATIONS.—Copies of any evalua-
tion or report prepared under this subsection shall be made 
available to— 
Reports. 
Deadline. 
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122 STAT. 3381 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) the Secretary; and 
‘‘(B) the authorizing committees. 
‘‘(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 five succeeding 
fiscal years. 
‘‘PART B—MATHEMATICS AND SCIENCE 
SCHOLARS PROGRAM 
‘‘SEC. 802. MATHEMATICS AND SCIENCE SCHOLARS PROGRAM. 
‘‘(a) PROGRAM AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award grants 
to States, on a competitive basis, to enable the States to encourage 
students to pursue a rigorous course of study, beginning in sec-
ondary school and continuing through the students’ postsecondary 
education, in science, technology, engineering, mathematics, or a 
health-related field. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—A State that desires a grant under this 
section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as 
the Secretary may require. A State may submit an application 
to receive a grant under subsection (c) or (d), or both. 
‘‘(2) CONTENTS
OF
APPLICATION.—Each application shall 
include a description of— 
‘‘(A) the program or programs for which the State 
is applying; 
‘‘(B) if applicable, the priority set by the Governor 
pursuant to subsection (c)(4) or (d)(3); and 
‘‘(C) how the State will meet the requirements of sub-
section (e). 
‘‘(c) MATHEMATICS AND SCIENCE SCHOLARS PROGRAM.— 
‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 
grants under this subsection to provide scholarship support 
to eligible students. 
‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for a scholar-
ship under this subsection if the student— 
‘‘(A) meets the requirements of section 484(a); 
‘‘(B) is a full-time student in the student’s first year 
of undergraduate study; and 
‘‘(C) has completed a rigorous secondary school cur-
riculum in mathematics and science. 
‘‘(3) RIGOROUS
CURRICULUM.—Each participating State 
shall determine the requirements for a rigorous secondary 
school curriculum in mathematics and science described in 
paragraph (2)(C). 
‘‘(4) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 
may set a priority for awarding scholarships under this sub-
section for particular eligible students, such as students 
attending schools in high-need local educational agencies (as 
defined in section 200), students who are from groups underrep-
resented in the fields of mathematics, science, and engineering, 
students served by local educational agencies that do not meet 
or exceed State standards in mathematics and science, or other 
high-need students. 
Grants. 
20 USC 1161b. 
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122 STAT. 3382 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(5) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec-
retary shall award a grant under this subsection to provide 
scholarships— 
‘‘(A) in an amount that does not exceed $5,000 per 
student; and 
‘‘(B) for not more than one year of undergraduate study. 
‘‘(d) STEM OR HEALTH-RELATED SCHOLARS PROGRAM.— 
‘‘(1) GRANT FOR SCHOLARSHIPS.—The Secretary shall award 
grants under this subsection to provide scholarship support 
to eligible students. 
‘‘(2) ELIGIBLE STUDENTS.—A student is eligible for scholar-
ship under this subsection if the student— 
‘‘(A) meets the requirements of section 484(a); 
‘‘(B) is a full-time student who has completed at least 
the first year of undergraduate study; 
‘‘(C) is enrolled in a program of undergraduate instruc-
tion leading to a bachelor’s degree with a major in science, 
technology, engineering, mathematics, or a health-related 
field; and 
‘‘(D) has obtained a cumulative grade point average 
of at least a 3.0 (or the equivalent as determined under 
regulation prescribed by the Secretary) at the end of the 
most recently completed term. 
‘‘(3) PRIORITY FOR SCHOLARSHIPS.—The Governor of a State 
may set a priority for awarding scholarships under this sub-
section for students agreeing to work in areas of science, tech-
nology, engineering, mathematics, or health-related fields. 
‘‘(4) AMOUNT AND DURATION OF SCHOLARSHIP.—The Sec-
retary shall award a grant under this subsection to provide 
scholarships— 
‘‘(A) in an amount that does not exceed $5,000 per 
student for an academic year; and 
‘‘(B) in an aggregate amount that does not exceed 
$20,000 per student. 
‘‘(e) MATCHING REQUIREMENT.—In order to receive a grant 
under this section, a State shall provide matching funds for the 
scholarships awarded under this section in an amount equal to 
50 percent of the Federal funds received. 
‘‘(f) AUTHORIZATION.—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 five succeeding fiscal years. 
‘‘(g) DEFINITION.—The term ‘Governor’ means the chief execu-
tive officer of a State. 
‘‘PART C—BUSINESS WORKFORCE PARTNER-
SHIPS FOR JOB SKILL TRAINING IN HIGH- 
GROWTH OCCUPATIONS OR INDUSTRIES 
‘‘SEC. 803. BUSINESS WORKFORCE PARTNERSHIPS FOR JOB SKILL 
TRAINING IN HIGH-GROWTH OCCUPATIONS OR INDUS-
TRIES. 
‘‘(a) PURPOSE.—The purpose of this section is to provide grants 
to institutions of higher education partnering with employers to— 
‘‘(1) provide relevant job skill training in high-growth and 
high-wage industries or occupations to nontraditional students; 
and 
Grants. 
20 USC 1161c. 
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122 STAT. 3383 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) strengthen ties between degree credit offerings at 
institutions of higher education and business and industry 
workforce needs. 
‘‘(b) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—From the amounts appropriated under 
subsection (k), the Secretary shall award grants, on a competi-
tive basis, to eligible partnerships for the purpose provided 
in subsection (a). 
‘‘(2) DURATION.—The Secretary shall award grants under 
this section for a period of not less than 36 months and not 
more than 60 months. 
‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds made available 
under this section shall be used to supplement, and not sup-
plant, other Federal, State, and local funds available to the 
eligible partnership for carrying out the activities described 
in subsection (c). 
‘‘(c) USE OF FUNDS.—In consultation with all of the members 
of an eligible partnership, grant funds provided under this section 
may be used to— 
‘‘(1) expand or create for-credit academic programs or pro-
grams of training that provide relevant job skill training for 
high-growth and high-wage occupations or industries, including 
offerings connected to registered apprenticeship programs and 
entrepreneurial training opportunities; 
‘‘(2) in consultation with faculty in the appropriate depart-
ments of an institution of higher education, adapt college 
offerings to the schedules and needs of working students, such 
as the creation of evening, weekend, modular, compressed, or 
distance learning formats; 
‘‘(3) purchase equipment that will facilitate the develop-
ment of academic programs or programs of training that provide 
training for high-growth and high-wage occupations or indus-
tries; 
‘‘(4) strengthen outreach efforts that enable students, 
including students with limited English proficiency, to attend 
institutions of higher education with academic programs or 
programs of training focused on high-growth and high-wage 
occupations or industries; 
‘‘(5) expand worksite learning and training opportunities, 
including registered apprenticeships as appropriate; and 
‘‘(6) support other activities the Secretary determines to 
be consistent with the purpose of this section. 
‘‘(d) APPLICATION.— 
‘‘(1) IN GENERAL.—Each eligible partnership that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied 
by such additional information as the Secretary may require. 
‘‘(2) CONTENTS.—Each application submitted under para-
graph (1) shall include a description of— 
‘‘(A) how the eligible partnership, through the institu-
tion of higher education, will provide relevant job skill 
training for students to enter high-growth and high-wage 
occupations or industries; and 
‘‘(B) how the eligible partnership has consulted with 
employers and, where applicable, labor organizations to 
identify local high-growth and high-wage occupations or 
industries. 
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122 STAT. 3384 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(e) AWARD BASIS.—In awarding grants under this section, the 
Secretary shall— 
‘‘(1) give priority to applications focused on serving non-
traditional students; 
‘‘(2) ensure an equitable distribution of grant funds under 
this section among urban and rural areas of the United States; 
and 
‘‘(3) take into consideration the capability of an institution 
of higher education that is participating in an eligible partner-
ship to— 
‘‘(A) offer one- or two-year high-quality programs of 
instruction and job skill training for students entering a 
high-growth and high-wage occupation or industry; 
‘‘(B) involve the local business community, and to place 
graduates in employment in high-growth and high-wage 
occupations or industries in the community; and 
‘‘(C) serve adult workers or displaced workers. 
‘‘(f) ADMINISTRATIVE COSTS.—A grantee under this section may 
use not more than five percent of the grant amount to pay adminis-
trative costs associated with activities funded by the grant. 
‘‘(g) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to grantees under this section throughout the grant 
period. 
‘‘(h) EVALUATION.—The Secretary shall conduct an evaluation 
of the effectiveness of the program under this section based on 
performance standards developed in consultation with the Depart-
ment of Labor, and shall disseminate to the public the findings 
of such evaluation and information related to promising practices 
developed under this section. 
‘‘(i) REPORT TO CONGRESS.—Not later than 36 months after 
the first grant is awarded under this section, the Comptroller Gen-
eral shall report to the authorizing committees recommendations— 
‘‘(1) for changes to this Act and related Acts, such as 
the Carl D. Perkins Career and Technical Education Act of 
2006 and the Workforce Investment Act of 1998 (including 
titles I and II), to help create and sustain business and industry 
workforce partnerships at institutions of higher education; and 
‘‘(2) for other changes to this Act and related Acts to 
otherwise strengthen the links between business and industry 
workforce needs, workforce development programs, and other 
degree credit offerings at institutions of higher education. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE PARTNERSHIP.— 
‘‘(A) IN
GENERAL.—The term ‘eligible partnership’ 
means a partnership that includes— 
‘‘(i) one or more institutions of higher education, 
one of which serves as the fiscal agent and grant 
recipient for the eligible partnership; 
‘‘(ii) except as provided in subparagraph (B), an 
employer, group of employers, local board (as such 
term is defined in section 101 of the Workforce Invest-
ment Act of 1998 (29 U.S.C. 2801)), or workforce inter-
mediary, or any combination thereof; and 
‘‘(iii) where applicable, one or more labor organiza-
tions that represent workers locally in the businesses 
or industries that are the focus of the partnership, 
Public 
information. 
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122 STAT. 3385 
PUBLIC LAW 110–315—AUG. 14, 2008 
including as a result of such an organization’s represen-
tation of employees at a worksite at which the partner-
ship proposes to conduct activities under this section. 
‘‘(B) STATE
AND
LOCAL
BOARDS.—Notwithstanding 
subparagraph (A), if an institution of higher education 
that is participating in an eligible partnership under this 
section is located in a State that does not operate local 
boards, an eligible partnership may include a State board 
(as such term is defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)). 
‘‘(C) RULE
OF
CONSTRUCTION.—Nothing in this sub-
section shall be construed to prohibit an eligible partner-
ship that is in existence on the date of enactment of the 
Higher Education Opportunity Act from applying for a 
grant under this section. 
‘‘(2) NONTRADITIONAL STUDENT.—The term ‘nontraditional 
student’ means a student— 
‘‘(A) who is an independent student, as defined in 
section 480(d); 
‘‘(B) who attends an institution of higher education— 
‘‘(i) on less than a full-time basis; 
‘‘(ii) via evening, weekend, modular, or compressed 
courses; or 
‘‘(iii) via distance education methods; and 
‘‘(C) who— 
‘‘(i) enrolled for the first time in an institution 
of higher education three or more years after com-
pleting high school; or 
‘‘(ii) works full-time. 
‘‘(k) 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 five succeeding 
fiscal years. 
‘‘PART D—CAPACITY FOR NURSING STUDENTS 
AND FACULTY 
‘‘SEC. 804. CAPACITY FOR NURSING STUDENTS AND FACULTY. 
‘‘(a) AUTHORIZATION.—From the amounts appropriated under 
subsection (f), the Secretary shall award grants to institutions of 
higher education that offer— 
‘‘(1) an accredited registered nursing program at the bacca-
laureate or associate degree level to enable such program to 
expand the faculty and facilities of such program to accommo-
date additional students in such program; or 
‘‘(2) an accredited graduate-level nursing program to 
accommodate advanced practice degrees for registered nurses 
or to accommodate students enrolled in such program to become 
teachers of nursing students. 
‘‘(b) DETERMINATION OF NUMBER OF STUDENTS AND APPLICA-
TION.—Each institution of higher education that offers a program 
described in subsection (a) that desires to receive a grant under 
this section shall— 
‘‘(1) determine, for the four academic years preceding the 
academic year for which the determination is made, the average 
number of matriculated nursing program students, in each 
of the institution’s accredited associate, baccalaureate, or 
Grants. 
20 USC 1161d. 
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122 STAT. 3386 
PUBLIC LAW 110–315—AUG. 14, 2008 
advanced nursing degree programs at such institution for such 
academic years; 
‘‘(2) submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the 
Secretary may require, including the average number in each 
of the institution’s accredited nursing programs determined 
under paragraph (1); and 
‘‘(3) with respect to the partnerships described in subsection 
(c)(2)(B), provide assurances that— 
‘‘(A) the individuals enrolled in the program will— 
‘‘(i) be registered nurses in pursuit of a master’s 
or doctoral degree in nursing; and 
‘‘(ii) have a contractual obligation with the hospital 
or health facility that is in partnership with the institu-
tion of higher education; 
‘‘(B) the hospital or health facility of employment will 
be the clinical site for the accredited school of nursing 
program, if the program requires a clinical site; 
‘‘(C) individuals enrolled in the program will— 
‘‘(i) maintain their employment on at least a part- 
time basis with the hospital or health facility that 
allowed them to participate in the program; and 
‘‘(ii) receive an income from the hospital or health 
facility, as at least a part-time employee, and release 
times or flexible schedules, to accommodate their pro-
gram requirements, as necessary; and 
‘‘(D) upon completion of the program, recipients of 
scholarships described in subsection (c)(2)(B)(ii)(III) will 
be required to teach for two years in an accredited school 
of nursing for each year of support the individual received 
under this section. 
‘‘(c) GRANT AMOUNT; AWARD BASIS.— 
‘‘(1) GRANT AMOUNT.—For each academic year after aca-
demic year 2009–2010, the Secretary is authorized to provide 
to each institution of higher education awarded a grant under 
this section an amount that is equal to $3,000 multiplied by 
the number by which— 
‘‘(A) the number of matriculated nursing program stu-
dents at such institution for such academic year, exceeds 
‘‘(B) the average number determined with respect to 
such institution under subsection (b)(1). 
‘‘(2) DISTRIBUTION OF GRANTS AMONG DIFFERENT DEGREE 
PROGRAMS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (D), from 
the funds available to award grants under this section 
for each fiscal year, the Secretary shall— 
‘‘(i) use 20 percent of such funds to award grants 
under this section to institutions of higher education 
for the purpose of accommodating advanced practice 
degrees or students in accredited graduate-level 
nursing programs; 
‘‘(ii) use 40 percent of such funds to award grants 
under this section to institutions of higher education 
for the purpose of expanding accredited registered 
nurse programs at the baccalaureate degree level; and 
‘‘(iii) use 40 percent of such funds to award grants 
under this section to institutions of higher education 
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122 STAT. 3387 
PUBLIC LAW 110–315—AUG. 14, 2008 
for the purpose of expanding accredited registered 
nurse programs at the associate degree level. 
‘‘(B) OPTIONAL USES OF FUNDS.—Grants awarded under 
this section may be used to support partnerships with 
hospitals or health facilities to— 
‘‘(i) improve the alignment between nursing edu-
cation and the emerging challenges of health care 
delivery by— 
‘‘(I) the purchase of distance learning tech-
nologies and expanding methods of delivery of 
instruction to include alternatives to onsite 
learning; and 
‘‘(II) the collection, analysis, and dissemination 
of data on educational outcomes and best practices 
identified through the activities described in this 
section; and 
‘‘(ii) ensure that students can earn a salary while 
obtaining an advanced degree in nursing with the goal 
of becoming nurse faculty by— 
‘‘(I) funding release time for qualified nurses 
enrolled in the graduate nursing program; 
‘‘(II) providing for faculty salaries; or 
‘‘(III) 
providing 
scholarships 
to 
qualified 
nurses in pursuit of an advanced degree with the 
goal of becoming faculty members in an accredited 
nursing program. 
‘‘(C) 
CONSIDERATIONS
IN
MAKING
AWARDS.—In 
awarding grants under this section, the Secretary shall 
consider the following: 
‘‘(i) 
GEOGRAPHIC
DISTRIBUTION.—Providing 
an 
equitable geographic distribution of such grants. 
‘‘(ii) URBAN AND RURAL AREAS.—Distributing such 
grants to urban and rural areas. 
‘‘(iii) RANGE AND TYPE OF INSTITUTION.—Ensuring 
that the activities to be assisted are developed for 
a range of types and sizes of institutions of higher 
education, including institutions providing alternative 
methods of delivery of instruction in addition to on- 
site learning. 
‘‘(D) DISTRIBUTION OF EXCESS FUNDS.—If, for a fiscal 
year, funds described in clause (i), (ii), or (iii) of subpara-
graph (A) remain available after the Secretary awards 
grants under this section to all applicants for the particular 
category of accredited nursing programs described in such 
clause, the Secretary shall use equal amounts of the 
remaining funds to award grants under this section to 
applicants that applied under the other categories of 
nursing programs. 
‘‘(E) LIMITATION.—Of the amount appropriated to carry 
out this section, the Secretary may award not more than 
ten percent of such amount for the optional purposes under 
subparagraph (B). 
‘‘(d) DEFINITION.—For purposes of this section: 
‘‘(1) HEALTH FACILITY.—The term ‘health facility’ means 
an Indian health service center, a Native Hawaiian health 
center, a hospital, a federally qualified health center, a rural 
health clinic, a nursing home, a home health agency, a hospice 
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122 STAT. 3388 
PUBLIC LAW 110–315—AUG. 14, 2008 
program, a public health clinic, a State or local department 
of public health, a skilled nursing facility, or an ambulatory 
surgical center. 
‘‘(2) ACCREDITED.—The terms ‘accredited school of nursing’ 
and ‘accredited nursing program’ have the meaning given those 
terms in section 801 of the Public Health Service Act (42 
U.S.C. 296). 
‘‘(e) PROHIBITION.— 
‘‘(1) IN GENERAL.—Funds provided under this section may 
not be used for the construction of new facilities. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) 
shall be construed to prohibit funds provided under this section 
from being used for the repair or renovation of facilities. 
‘‘(f) 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 five succeeding 
fiscal years. 
‘‘PART E—AMERICAN HISTORY FOR FREEDOM 
‘‘SEC. 805. AMERICAN HISTORY FOR FREEDOM. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award three- 
year grants, on a competitive basis, to eligible institutions to estab-
lish or strengthen postsecondary academic programs or centers 
that promote and impart knowledge of— 
‘‘(1) traditional American history; 
‘‘(2) the history and nature of, and threats to, free institu-
tions; or 
‘‘(3) the history and achievements of Western civilization. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ 
means an institution of higher education as defined in section 
101. 
‘‘(2) FREE INSTITUTION.—The term ‘free institution’ means 
an institution that emerged out of Western civilization, such 
as democracy, constitutional government, individual rights, 
market economics, religious freedom and religious tolerance, 
and freedom of thought and inquiry. 
‘‘(3) TRADITIONAL
AMERICAN
HISTORY.—The term ‘tradi-
tional American history’ means— 
‘‘(A) the significant constitutional, political, intellectual, 
economic, and foreign policy trends and issues that have 
shaped the course of American history; and 
‘‘(B) the key episodes, turning points, and leading fig-
ures involved in the constitutional, political, intellectual, 
diplomatic, and economic history of the United States. 
‘‘(c) APPLICATION.— 
‘‘(1) IN
GENERAL.—Each eligible institution that desires 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may reasonably require. 
‘‘(2) CONTENTS.—Each application submitted under para-
graph (1) shall include a description of— 
‘‘(A) how funds made available under this section will 
be used for the activities set forth under subsection (e), 
including how such activities will increase knowledge with 
Grants. 
20 USC 1161e. 
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122 STAT. 3389 
PUBLIC LAW 110–315—AUG. 14, 2008 
respect to traditional American history, free institutions, 
or Western civilization; 
‘‘(B) how the eligible institution will ensure that 
information about the activities funded under this section 
is widely disseminated pursuant to subsection (e)(1)(B); 
‘‘(C) any activities to be undertaken pursuant to sub-
section 
(e)(2)(A), 
including 
identification 
of 
entities 
intended to participate; 
‘‘(D) how funds made available under this section shall 
be used to supplement and not supplant non-Federal funds 
available for the activities described in subsection (e); and 
‘‘(E) such fiscal controls and accounting procedures as 
may be necessary to ensure proper disbursement of and 
accounting for funding made available to the eligible 
institution under this section. 
‘‘(d) AWARD BASIS.—In awarding grants under this section, 
the Secretary shall take into consideration the capability of the 
eligible institution to— 
‘‘(1) increase access to quality programming that expands 
knowledge of traditional American history, free institutions, 
or Western civilization; 
‘‘(2) involve personnel with strong expertise in traditional 
American history, free institutions, or Western civilization; and 
‘‘(3) sustain the activities funded under this section after 
the grant has expired. 
‘‘(e) USE OF FUNDS.— 
‘‘(1) REQUIRED USE OF FUNDS.—Funds provided under this 
section shall be used to— 
‘‘(A) establish or strengthen academic programs or cen-
ters focused on traditional American history, free institu-
tions, or Western civilization, which may include— 
‘‘(i) design and implementation of programs of 
study, courses, lecture series, seminars, and symposia; 
‘‘(ii) development, publication, and dissemination 
of instructional materials; 
‘‘(iii) research; 
‘‘(iv) support for faculty teaching in undergraduate 
and, if applicable, graduate programs; 
‘‘(v) support for graduate and postgraduate fellow-
ships, if applicable; or 
‘‘(vi) teacher preparation initiatives that stress con-
tent mastery regarding traditional American history, 
free institutions, or Western civilization; and 
‘‘(B) conduct outreach activities to ensure that informa-
tion about the activities funded under this section is widely 
disseminated— 
‘‘(i) to undergraduate students (including students 
enrolled in teacher education programs, if applicable); 
‘‘(ii) to graduate students (including students 
enrolled in teacher education programs, if applicable); 
‘‘(iii) to faculty; 
‘‘(iv) to local educational agencies; and 
‘‘(v) within the local community. 
‘‘(2) ALLOWABLE USES OF FUNDS.—Funds provided under 
this section may be used to support— 
‘‘(A) collaboration with entities such as— 
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122 STAT. 3390 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) local educational agencies, for the purpose of 
providing elementary and secondary school teachers 
an opportunity to enhance their knowledge of tradi-
tional American history, free institutions, or Western 
civilization; and 
‘‘(ii) nonprofit organizations whose mission is con-
sistent with the purpose of this section, such as aca-
demic organizations, museums, and libraries, for 
assistance in carrying out activities described under 
subsection (a); and 
‘‘(B) other activities that meet the purposes of this 
section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out this section, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2009 and each 
of the five succeeding fiscal years. 
‘‘PART F—TEACH FOR AMERICA 
‘‘SEC. 806. TEACH FOR AMERICA. 
‘‘(a) DEFINITIONS.—For purposes of this section: 
‘‘(1) GRANTEE.—The term ‘grantee’ means Teach For 
America, Inc. 
‘‘(2) HIGHLY QUALIFIED.—The term ‘highly qualified’ has 
the meaning given the term in section 9101 of the Elementary 
and Secondary Education Act of 1965 or section 602 of the 
Individuals with Disabilities Education Act. 
‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term 
‘high-need local educational agency’ has the meaning given 
such term in section 200. 
‘‘(b) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (f), the Secretary is authorized to award a five- 
year grant to Teach For America, Inc., the national teacher corps 
of outstanding recent college graduates who commit to teach for 
two years in underserved communities in the United States, to 
implement and expand its program of recruiting, selecting, training, 
and supporting new teachers. 
‘‘(c) REQUIREMENTS.—In carrying out the grant program 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 section to— 
‘‘(1) provide highly qualified teachers to high-need local 
educational agencies in urban and rural communities; 
‘‘(2) pay the costs of recruiting, selecting, training, and 
supporting new teachers; and 
‘‘(3) serve a substantial number and percentage of under-
served 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: 
‘‘(A) Recruiting and selecting teachers through a highly 
selective national process. 
‘‘(B) Providing preservice training to such teachers 
through a rigorous summer institute that includes hands- 
on teaching experience and significant exposure to edu-
cation coursework and theory. 
Contracts. 
Grants. 
20 USC 1161f. 
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122 STAT. 3391 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) Placing such teachers in schools and positions 
designated by high-need local educational agencies as high- 
need placements serving underserved students. 
‘‘(D) Providing ongoing professional development activi-
ties for such teachers’ first two years in the classroom, 
including regular classroom observations and feedback, and 
ongoing training and support. 
‘‘(2) LIMITATION.—The grantee shall use all grant funds 
received under this section to support activities related directly 
to the recruitment, selection, training, and support of teachers 
as described in subsection (b), except that funds may be used 
for non-programmatic costs in accordance with subsection (f)(2). 
‘‘(e) REPORTS AND EVALUATIONS.— 
‘‘(1) ANNUAL REPORT.—The grantee shall provide to the 
Secretary an annual report that includes— 
‘‘(A) data on the number and quality of the teachers 
provided to local educational agencies 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 background of the 
teachers chosen, the training such teachers received, the 
placement sites of such teachers, the professional develop-
ment of such teachers, and the retention of such teachers. 
‘‘(2) STUDY.— 
‘‘(A) IN GENERAL.—From funds appropriated under sub-
section (f), the Secretary shall provide for a study that 
examines the achievement levels of the students taught 
by the teachers assisted under this section. 
‘‘(B) STUDENT
ACHIEVEMENT
GAINS
COMPARED.—The 
study shall compare, within the same schools, the achieve-
ment gains made by students 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. 
‘‘(C) REQUIREMENTS.—The Secretary shall provide for 
such a study not less than once every three years, and 
each such study shall include multiple placement sites 
and multiple schools within placement sites. 
‘‘(D) PEER REVIEW STANDARDS.—Each such study shall 
meet the peer review standards of the education research 
community. Further, the peer review standards shall 
ensure that reviewers are practicing researchers and have 
expertise in assessment systems, accountability, psycho-
metric measurement and statistics, and instruction. 
‘‘(3) ACCOUNTING, FINANCIAL
REPORTING, AND
INTERNAL 
CONTROL SYSTEMS.— 
‘‘(A) IN GENERAL.—The grantee shall contract with an 
independent auditor to conduct a comprehensive review 
of the grantee’s accounting, financial reporting, and 
internal control systems. Such review shall assess whether 
that grantee’s accounting, financial reporting, and internal 
control systems are designed to— 
‘‘(i) provide information that is complete, accurate, 
and reliable; 
Contracts. 
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122 STAT. 3392 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) reasonably detect and prevent material 
misstatements, as well as fraud, waste, and abuse; 
and 
‘‘(iii) provide information to demonstrate the 
grantee’s compliance with related Federal programs, 
as applicable. 
‘‘(B) REVIEW REQUIREMENTS.—Not later than 90 days 
after the grantee receives funds to carry out this section 
for the first fiscal year in which funds become available 
to carry out this section after the date of enactment of 
the Higher Education Opportunity Act, the independent 
auditor shall complete the review required by this para-
graph. 
‘‘(C) REPORT.—Not later than 120 days after the 
grantee receives funds to carry out this section for the 
first fiscal year in which funds become available to carry 
out this section after the date of enactment of the Higher 
Education Opportunity Act, the independent auditor shall 
submit a report to the authorizing committees and the 
Secretary of the findings of the review required under 
this paragraph, including any recommendations of the inde-
pendent auditor, as appropriate, with respect to the 
grantee’s accounting, financial reporting, and internal con-
trol systems. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN
GENERAL.—The amount authorized to be appro-
priated to carry out this section shall not exceed— 
‘‘(A) $20,000,000 for fiscal year 2009; 
‘‘(B) $25,000,000 for fiscal year 2010; and 
‘‘(C) such sums as may be necessary for each of the 
four succeeding fiscal years. 
‘‘(2) LIMITATION.—The grantee shall not use more than 
5 percent of Federal funds made available under this section 
for non-programmatic costs to carry out this section. 
‘‘PART G—PATSY T. MINK FELLOWSHIP 
PROGRAM 
‘‘SEC. 807. PATSY T. MINK FELLOWSHIP PROGRAM. 
‘‘(a) PURPOSE; DESIGNATION.— 
‘‘(1) IN GENERAL.—It is the purpose of this section to pro-
vide, through eligible institutions, a program of fellowship 
awards to assist highly qualified minorities and women to 
acquire the doctoral degree, or highest possible degree available, 
in academic areas in which such individuals are underrep-
resented for the purpose of enabling such individuals to enter 
the higher education professoriate. 
‘‘(2) DESIGNATION.—Each recipient of a fellowship award 
from an eligible institution receiving a grant under this section 
shall be known as a ‘Patsy T. Mink Graduate Fellow’. 
‘‘(b) ELIGIBLE INSTITUTION.—In this section, the term ‘eligible 
institution’ means an institution of higher education, or a consor-
tium of such institutions, that offers a program of postbaccalaureate 
study leading to a graduate degree. 
‘‘(c) PROGRAM AUTHORIZED.— 
‘‘(1) GRANTS BY SECRETARY.— 
20 USC 1161g. 
Deadline. 
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122 STAT. 3393 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) IN
GENERAL.—From the amounts appropriated 
under subsection (f), the Secretary shall award grants to 
eligible institutions to enable such institutions to make 
fellowship awards to individuals in accordance with the 
provisions of this section. 
‘‘(B) PRIORITY
CONSIDERATION.—In awarding grants 
under this section, the Secretary shall consider the eligible 
institution’s prior experience in producing doctoral degree, 
or highest possible degree available, holders who are 
minorities and women, and shall give priority consideration 
in making grants under this section to those eligible institu-
tions with a demonstrated record of producing minorities 
and women who have earned such degrees. 
‘‘(2) APPLICATIONS.— 
‘‘(A) IN GENERAL.—An eligible institution that desires 
a grant under this section shall submit an application 
to the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(B) APPLICATIONS MADE ON BEHALF.—The following 
entities may submit an application on behalf of an eligible 
institution: 
‘‘(i) A graduate school or department of such 
institution. 
‘‘(ii) A graduate school or department of such 
institution in collaboration with an undergraduate col-
lege or school of such institution. 
‘‘(iii) An organizational unit within such institution 
that offers a program of postbaccalaureate study 
leading to a graduate degree, including an interdiscipli-
nary or an interdepartmental program. 
‘‘(C) PARTNERSHIP.—In developing a grant application 
and carrying out the grant activities authorized under this 
section, an eligible institution may partner with a nonprofit 
organization with a demonstrated record of helping minori-
ties and women earn postbaccalaureate degrees. 
‘‘(3) SELECTION
OF
APPLICATIONS.—In awarding grants 
under paragraph (1), the Secretary shall— 
‘‘(A) take into account— 
‘‘(i) the number and distribution of minority and 
female faculty nationally; 
‘‘(ii) the current and projected need for highly 
trained individuals in all areas of the higher education 
professoriate; and 
‘‘(iii) the present and projected need for highly 
trained individuals in academic career fields in which 
minorities and women are underrepresented in the 
higher education professoriate; and 
‘‘(B) consider the need to prepare a large number of 
minorities and women generally in academic career fields 
of high national priority, especially in areas in which such 
individuals are traditionally underrepresented in college 
and university faculty. 
‘‘(4) DISTRIBUTION AND AMOUNTS OF GRANTS.— 
‘‘(A) EQUITABLE
DISTRIBUTION.—In awarding grants 
under this section, the Secretary shall, to the maximum 
extent feasible, ensure an equitable geographic distribution 
of awards and an equitable distribution among public and 
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122 STAT. 3394 
PUBLIC LAW 110–315—AUG. 14, 2008 
private eligible institutions that apply for grants under 
this section and that demonstrate an ability to achieve 
the purpose of this section. 
‘‘(B) SPECIAL
RULE.—To the maximum extent prac-
ticable, the Secretary shall use not less than 30 percent 
of the amount appropriated pursuant to subsection (f) to 
award grants to eligible institutions that are eligible for 
assistance under title III or title V, or to consortia of 
eligible institutions that include at least one eligible institu-
tion that is eligible for assistance under title III or title 
V. 
‘‘(C) ALLOCATION.—In awarding grants under this sec-
tion, the Secretary shall allocate appropriate funds to those 
eligible institutions whose applications indicate an ability 
to significantly increase the numbers of minorities and 
women entering the higher education professoriate and 
that commit institutional resources to the attainment of 
the purpose of this section. 
‘‘(D) NUMBER
OF
FELLOWSHIP
AWARDS.—An eligible 
institution that receives a grant under this section shall 
make not less than ten fellowship awards. 
‘‘(E) INSUFFICIENT FUNDS.—If the amount appropriated 
is not sufficient to permit all grantees under this section 
to provide the minimum number of fellowships required 
by subparagraph (D), the Secretary may, after awarding 
as many grants to support the minimum number of fellow-
ships as such amount appropriated permits, award grants 
that do not require the grantee to award the minimum 
number of fellowships required by such subparagraph. 
‘‘(5) INSTITUTIONAL ALLOWANCE.— 
‘‘(A) IN GENERAL.— 
‘‘(i) NUMBER OF ALLOWANCES.—In awarding grants 
under this section, the Secretary shall pay to each 
eligible institution awarded a grant, for each individual 
awarded a fellowship by such institution under this 
section, an institutional allowance. 
‘‘(ii) AMOUNT.—Except as provided in subpara-
graph (C), for academic year 2009–2010 and succeeding 
academic years, an institutional allowance under this 
paragraph shall be in an amount equal to the amount 
of institutional allowance made to an institution of 
higher education under section 715 for such academic 
year. 
‘‘(B) USE OF FUNDS.—Institutional allowances may be 
expended at the discretion of the eligible institution and 
may be used to provide, except as prohibited under 
subparagraph (D), academic support and career transition 
services for individuals awarded fellowships by such 
institution. 
‘‘(C) REDUCTION.—The institutional allowance paid 
under subparagraph (A) shall be reduced by the amount 
the eligible institution charges and collects from a fellow-
ship recipient for tuition and other expenses as part of 
the recipient’s instructional program. 
‘‘(D) USE
FOR
OVERHEAD
PROHIBITED.—Funds made 
available under this section may not be used for general 
Payments. 
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122 STAT. 3395 
PUBLIC LAW 110–315—AUG. 14, 2008 
operational overhead of the academic department or 
institution receiving funds under this section. 
‘‘(d) FELLOWSHIP RECIPIENTS.— 
‘‘(1) AUTHORIZATION.—An eligible institution that receives 
a grant under this section shall use the grant funds to make 
fellowship awards to minorities and women who are enrolled 
at such institution in a doctoral degree program, or program 
for the highest possible degree available, and— 
‘‘(A) intend to pursue a career in instruction at— 
‘‘(i) an institution of higher education (as the term 
is defined in section 101); 
‘‘(ii) an institution of higher education (as the term 
is defined in section 102(a)(1)); and 
‘‘(iii) a proprietary institution of higher education 
(as the term is defined in section 102(b)); and 
‘‘(B) sign an agreement with the Secretary agreeing— 
‘‘(i) to begin employment at an institution 
described in subparagraph (A) not later than three 
years after receiving the doctoral degree or highest 
possible degree available, which three-year period may 
be extended by the Secretary for extraordinary cir-
cumstances; and 
‘‘(ii) to be employed by such institution for one 
year for each year of fellowship assistance received 
under this section. 
‘‘(2) REPAYMENT FOR FAILURE TO COMPLY.—In the event 
that any recipient of a fellowship under this section fails or 
refuses to comply with the agreement signed pursuant to para-
graph (1)(B), the sum of the amounts of any fellowship received 
by such recipient shall, upon a determination of such a failure 
or refusal to comply, be treated as a Federal Direct Unsub-
sidized Stafford Loan under part D of title IV, and shall be 
subject to repayment, together with interest thereon accruing 
from the date of the grant award, in accordance with terms 
and conditions specified by the Secretary in regulations under 
this section. 
‘‘(3) WAIVER AND MODIFICATION.— 
‘‘(A) REGULATIONS.—The Secretary shall promulgate 
regulations setting forth criteria to be considered in 
granting a waiver for the service requirement under para-
graph (1)(B). 
‘‘(B) CONTENT.—The criteria under subparagraph (A) 
shall include whether compliance with the service require-
ment by the fellowship recipient would be— 
‘‘(i) inequitable and represent an extraordinary 
hardship; or 
‘‘(ii) deemed impossible because the individual is 
permanently and totally disabled at the time of the 
waiver request. 
‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fellowship awards 
under this section shall consist of a stipend in an amount 
equal to the level of support provided to fellows under the 
National Science Foundation Graduate Research Fellowship 
Program, except that such stipend shall be adjusted as nec-
essary so as not to exceed the fellow’s tuition and fees or 
demonstrated need (as determined by the institution of higher 
Criteria. 
Regulations. 
Minorities. 
Women. 
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122 STAT. 3396 
PUBLIC LAW 110–315—AUG. 14, 2008 
education where the graduate student is enrolled), whichever 
is greater. 
‘‘(5) ACADEMIC PROGRESS REQUIRED.—An individual student 
shall not be eligible to receive a fellowship award— 
‘‘(A) except during periods in which such student is 
enrolled, and such student is maintaining satisfactory aca-
demic progress in, and devoting essentially full time to, 
study or research in the pursuit of the degree for which 
the fellowship support was awarded; and 
‘‘(B) if the student is engaged in gainful employment, 
other than part-time employment in teaching, research, 
or similar activity determined by the eligible institution 
to be consistent with and supportive of the student’s 
progress toward the appropriate degree. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to require an eligible institution that receives a grant 
under this section— 
‘‘(1) to grant a preference to or to differentially treat any 
applicant for a faculty position as a result of the institution’s 
participation in the program under this section; or 
‘‘(2) to hire a Patsy T. Mink Fellow who completes this 
program and seeks employment at such institution. 
‘‘(f) 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 five succeeding 
fiscal years. 
‘‘PART H—IMPROVING COLLEGE ENROLLMENT 
BY SECONDARY SCHOOLS 
‘‘SEC. 808. IMPROVING COLLEGE ENROLLMENT BY SECONDARY 
SCHOOLS. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sub-
section (c), the Secretary shall award a grant to one nonprofit 
organization described in subsection (b) to enable the nonprofit 
organization— 
‘‘(1) to make publicly available the year-to-year postsec-
ondary education enrollment rate trends of secondary school 
students, disaggregated by secondary school, in compliance with 
the Family Education Rights and Privacy Act of 1974; 
‘‘(2) to identify not less than 50 urban local educational 
agencies and five States with significant rural populations, 
each serving a significant population of low-income students, 
and to carry out a comprehensive assessment in the agencies 
and States of the factors known to contribute to improved 
postsecondary education enrollment rates, which factors shall 
include— 
‘‘(A) the local educational agency’s and State’s leader-
ship strategies and capacities; 
‘‘(B) the secondary school curriculum and class 
offerings of the local educational agency and State; 
‘‘(C) the professional development used by the local 
educational agency and the State to assist teachers, guid-
ance counselors, and administrators in supporting the 
transition of secondary students to postsecondary edu-
cation; 
Grants. 
Nonprofit 
organization. 
20 USC 1161h. 
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122 STAT. 3397 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(D) secondary school student attendance and other 
factors demonstrated to be associated with enrollment into 
postsecondary education; 
‘‘(E) the use of data systems by the local educational 
agency and the State to measure postsecondary education 
enrollment rates and the incentives in place to motivate 
the efforts of faculty and students to improve student and 
schoolwide outcomes; and 
‘‘(F) strategies to mobilize student leaders to build 
a college-bound culture; and 
‘‘(3) to provide comprehensive services to improve the 
schoolwide postsecondary education enrollment rates of each 
of not less than ten local educational agencies and States, 
with the federally funded portion of each project declining by 
not less than 20 percent each year beginning in the second 
year of the comprehensive services, that— 
‘‘(A) participated in the needs assessment described 
in paragraph (2); and 
‘‘(B) demonstrated a willingness and commitment to 
improving the postsecondary education enrollment rates 
of the local educational agency or State, respectively. 
‘‘(b) GRANT RECIPIENT CRITERIA.—The recipient of the grant 
awarded under subsection (a) shall be a nonprofit organization 
with demonstrated expertise— 
‘‘(1) in increasing schoolwide postsecondary enrollment 
rates in low-income communities nationwide by providing cur-
riculum, training, and technical assistance to secondary school 
staff and student peer influencers; and 
‘‘(2) in a postsecondary education transition data manage-
ment system. 
‘‘(c) 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 five succeeding 
fiscal years. 
‘‘PART 
I—EARLY 
CHILDHOOD 
EDUCATION 
PROFESSIONAL 
DEVELOPMENT 
AND 
CA-
REER TASK FORCE 
‘‘SEC. 811. PURPOSE. 
‘‘The purposes of this part are— 
‘‘(1) to improve the quality of the early childhood education 
workforce by creating a statewide early childhood education 
professional development and career task force for early child-
hood education program staff, directors, administrators, and 
faculty; and 
‘‘(2) to create— 
‘‘(A) a coherent system of core competencies, pathways 
to qualifications, credentials, degrees, quality assurances, 
access, and outreach, for early childhood education program 
staff, directors, administrators, and faculty that is linked 
to compensation commensurate with experience and quali-
fications; 
‘‘(B) articulation agreements that enable early child-
hood education professionals to transition easily among 
degrees; and 
20 USC 1161i. 
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122 STAT. 3398 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) compensation initiatives for individuals working 
in an early childhood education program that reflect the 
individuals’ credentials, degrees, and experience. 
‘‘SEC. 812. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM. 
‘‘In this part, the term ‘early childhood education program’ 
means— 
‘‘(1) a Head Start program or an Early Head Start program 
carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 
including a migrant or seasonal Head Start program or an 
Indian Head Start program; 
‘‘(2) a State licensed or regulated child care program; or 
‘‘(3) a State prekindergarten program or a program author-
ized under section 619 or part C of the Individuals with Disabil-
ities Education Act, that serves children from birth through 
age six and that addresses the children’s cognitive (including 
language, early literacy, and pre-numeracy), social, emotional, 
and physical development. 
‘‘SEC. 813. GRANTS AUTHORIZED. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sec-
tion 818, the Secretary is authorized to award grants to States 
in accordance with the provisions of this part to enable such 
States— 
‘‘(1) to establish a State Task Force described in section 
814; and 
‘‘(2) to support activities of the State Task Force described 
in section 815. 
‘‘(b) COMPETITIVE BASIS.—Grants under this part shall be 
awarded on a competitive basis. 
‘‘(c) EQUITABLE
GEOGRAPHIC
DISTRIBUTION.—In awarding 
grants under this part, the Secretary shall take into consideration 
providing an equitable geographic distribution of such grants. 
‘‘(d) DURATION.—Grants under this part shall be awarded for 
a period of five years. 
‘‘SEC. 814. STATE TASK FORCE ESTABLISHMENT. 
‘‘(a) STATE TASK FORCE ESTABLISHED.—The Governor of a State 
receiving a grant under this part shall establish, or designate 
an existing entity to serve as, the State Early Childhood Education 
Professional Development and Career Task Force (hereafter in this 
part referred to as the ‘State Task Force’). 
‘‘(b) MEMBERSHIP.—The State Task Force shall include a rep-
resentative of a State agency, an institution of higher education 
(including an associate or a baccalaureate degree granting institu-
tion of higher education), an early childhood education program, 
a nonprofit early childhood organization, a statewide early childhood 
workforce scholarship or supplemental initiative, the State Head 
Start collaboration director, and any other entity or individual 
the Governor determines appropriate. 
‘‘SEC. 815. STATE TASK FORCE ACTIVITIES. 
‘‘(a) ACTIVITIES.—The State Task Force shall— 
‘‘(1) coordinate and communicate regularly with the State 
Advisory Council on Early Care and Education (hereafter in 
this part referred to as ‘State Advisory Council’) or a similar 
State entity charged with creating a comprehensive system 
20 USC 1161i–4. 
20 USC 1161i–3. 
20 USC 1161i–2. 
20 USC 1161i–1. 
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122 STAT. 3399 
PUBLIC LAW 110–315—AUG. 14, 2008 
of early care and education in the State, for the purposes 
of— 
‘‘(A) integrating recommendations for early childhood 
professional development and career activities into the 
plans of the State Advisory Council; and 
‘‘(B) assisting in the implementation of professional 
development and career activities that are consistent with 
the plans described in subparagraph (A); 
‘‘(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 demographics 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 program setting; 
‘‘(D) specialized knowledge of child development; 
‘‘(E) years of experience in an early childhood education 
program; 
‘‘(F) attainment of— 
‘‘(i) academic credit for coursework; 
‘‘(ii) an academic degree; 
‘‘(iii) a credential; 
‘‘(iv) licensure; or 
‘‘(v) certification in early childhood education; and 
‘‘(G) specialized knowledge in the education of children 
with limited English proficiency and students with disabil-
ities; and 
‘‘(3) develop a plan for a comprehensive statewide profes-
sional development and career system for individuals working 
in early childhood education programs or for early childhood 
education providers, which plan may include— 
‘‘(A) methods of providing outreach to early childhood 
education program staff, directors, and administrators, 
including methods for how outreach is provided to non- 
English speaking providers, in order to enable the providers 
to be aware of opportunities and resources under the state-
wide plan; 
‘‘(B) developing a unified data collection and dissemina-
tion system for early childhood education training, profes-
sional development, and higher education programs; 
‘‘(C) increasing the participation of early childhood edu-
cators in high-quality training and professional develop-
ment by assisting in paying the costs of enrollment in 
and completion of such training and professional develop-
ment courses; 
‘‘(D) increasing the participation of early childhood edu-
cators in undergraduate and graduate education programs 
leading to degrees in early childhood education by providing 
assistance to pay the costs of enrollment in and completion 
of such programs, which assistance— 
‘‘(i) shall only be provided to an individual who— 
‘‘(I) in the case of an individual pursuing an 
undergraduate or graduate degree, enters into an 
agreement under which the individual agrees to 
Plans. 
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122 STAT. 3400 
PUBLIC LAW 110–315—AUG. 14, 2008 
work, for a reasonable number of years after 
receiving such a degree, in an early childhood edu-
cation 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 determined by the Bureau of the Census; 
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 early childhood professional 
roles with varying professional qualifications and respon-
sibilities for early childhood education personnel, including 
strategies to enhance the compensation of such personnel; 
‘‘(F) supporting articulation agreements between two- 
and four-year public and private institutions of higher edu-
cation and mechanisms to transform other training, profes-
sional development, and experience into academic credit; 
‘‘(G) developing mentoring and coaching programs to 
support new educators in and directors of early childhood 
education programs; 
‘‘(H) providing career development advising with 
respect to the field of early childhood education, including 
informing an individual regarding— 
‘‘(i) entry into and continuing education require-
ments for professional roles in the field; 
‘‘(ii) available financial assistance for postsec-
ondary education; and 
‘‘(iii) professional development and career advance-
ment in the field; 
‘‘(I) enhancing the capacity and quality of faculty and 
coursework in postsecondary programs that lead to an asso-
ciate, baccalaureate, or graduate degree in early childhood 
education; 
‘‘(J) consideration of the availability of on-line graduate 
level professional development offered by institutions of 
higher education with experience and demonstrated exper-
tise in establishing programs in child development, in order 
to improve the skills and expertise of individuals working 
in early childhood education programs; and 
‘‘(K) developing or enhancing a system of quality assur-
ance with respect to the early childhood education profes-
sional development and career system, including standards 
or qualifications 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 statewide plan and 
to recommend any changes to the statewide plan the State Task 
Force determines necessary. 
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122 STAT. 3401 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 816. STATE APPLICATION AND REPORT. 
‘‘(a) IN GENERAL.—Each State desiring a grant under this part 
shall submit an application to the Secretary 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 assistance will be 
used; 
‘‘(3) other Federal, State, local, and private resources that 
will be available to support the activities of the State Task 
Force described in section 815; 
‘‘(4) the availability within the State of training, early 
childhood educator preparation, professional development, com-
pensation initiatives, and career systems, related to early child-
hood education; and 
‘‘(5) the resources available within the State for such 
training, educator preparation, professional development, com-
pensation initiatives, and career systems. 
‘‘(b) REPORT TO THE SECRETARY.—Not later than two years 
after receiving a grant under this part, a State shall submit a 
report to the Secretary that shall describe— 
‘‘(1) other Federal, State, local, and private resources that 
will be used in combination with a grant under this section 
to develop or expand the State’s early childhood education 
professional development 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 profes-
sional development and career system; and 
‘‘(3) the ways in which the State Task Force will use 
funds provided under this part and carry out the activities 
described in section 815. 
‘‘SEC. 817. EVALUATIONS. 
‘‘(a) STATE EVALUATION.—Each State receiving a grant under 
this part shall— 
‘‘(1) evaluate the activities that are assisted under this 
part in order to determine— 
‘‘(A) the effectiveness of the activities in achieving State 
goals; 
‘‘(B) the impact of a career lattice for individuals 
working in early childhood education programs; 
‘‘(C) the impact of the activities on licensing or regu-
lating 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 section 815(a)(3), on the 
quality of education, professional development, and training 
related to early childhood education programs that are 
offered in the State; 
‘‘(E) the change in compensation and retention of 
individuals working in early childhood education programs 
within the State resulting from the activities; and 
‘‘(F) the impact of the activities on the demographic 
characteristics of individuals working in early childhood 
education programs; and 
20 USC 1161i–6. 
20 USC 1161i–5. 
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122 STAT. 3402 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) submit a report at the end of the grant period to 
the Secretary regarding the evaluation described 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 prepare and submit to the authorizing 
committees an evaluation of the State reports submitted under 
subsection (a)(2). 
‘‘SEC. 818. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘PART J—IMPROVING SCIENCE, TECHNOLOGY, 
ENGINEERING, 
AND 
MATHEMATICS 
EDU-
CATION WITH A FOCUS ON ALASKA NATIVE 
AND NATIVE HAWAIIAN STUDENTS 
‘‘SEC. 819. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND 
MATHEMATICS EDUCATION WITH A FOCUS ON ALASKA 
NATIVE AND NATIVE HAWAIIAN STUDENTS. 
‘‘(a) PURPOSE.—The purposes of this section are— 
‘‘(1) to develop or expand programs for the development 
of professionals in the fields of science, technology, engineering, 
and mathematics; and 
‘‘(2) to focus resources on meeting the educational and 
cultural needs of Alaska Natives and Native Hawaiians. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the 
meaning given such term in section 7306 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(2) ELIGIBLE PARTNERSHIP.—The term ‘eligible partnership’ 
means a partnership that includes— 
‘‘(A) one or more colleges, schools, or departments of 
engineering; 
‘‘(B) one or more colleges of science or mathematics; 
‘‘(C) one or more institutions of higher education that 
offer two-year degrees; and 
‘‘(D) one or more private entities that— 
‘‘(i) conduct career awareness activities showcasing 
local technology professionals; 
‘‘(ii) encourage students to pursue education in 
science, technology, engineering, and mathematics 
from elementary school through postsecondary edu-
cation, and careers in those fields, with the assistance 
of local technology professionals; 
‘‘(iii) develop internships, apprenticeships, and 
mentoring programs in partnership with relevant 
industries; and 
‘‘(iv) assist with placement of interns and appren-
tices. 
‘‘(3) INSTITUTION OF HIGHER EDUCATION.—The term ‘institu-
tion of higher education’ has the meaning given such term 
in section 101(a) 
20 USC 1161j. 
20 USC 1161i–7. 
Deadline. 
Reports. 
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122 STAT. 3403 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) NATIVE HAWAIIAN.—The term ‘Native Hawaiian’ has 
the meaning given the term in section 7207 of the Elementary 
and Secondary Education Act of 1965. 
‘‘(c) GRANT AUTHORIZED.—From the amounts appropriated to 
carry out this section under subsection (i), the Secretary is author-
ized to award a grant to an eligible partnership to enable the 
eligible partnership to expand programs for the development of 
science, technology, engineering, or mathematics professionals, from 
elementary school through postsecondary education, including 
existing programs for Alaska Native and Native Hawaiian students. 
‘‘(d) USES OF FUNDS.—Grant funds under this section shall 
be used for one or more of the following: 
‘‘(1) Development or implementation of cultural, social, or 
educational transition programs to assist students to transition 
into college life and academics in order to increase such stu-
dents’ retention rates in the fields of science, technology, 
engineering, or mathematics, with a focus on Alaska Native 
or Native Hawaiian students. 
‘‘(2) Development or implementation of academic support 
or supplemental educational programs to increase the gradua-
tion rates of students in the fields of science, technology, 
engineering, or mathematics, with a focus on Alaska Native 
and Native Hawaiian students. 
‘‘(3) Development or implementation of internship pro-
grams, carried out in coordination with educational institutions 
and private entities, to prepare students for careers in the 
fields of science, technology, engineering, or mathematics, with 
a focus on programs that serve Alaska Native or Native 
Hawaiian students. 
‘‘(4) Such other activities as are consistent with the purpose 
of this section. 
‘‘(e) APPLICATION.—Each eligible partnership that desires a 
grant under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. 
‘‘(f) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an eligible partnership that, on the 
day before the date of enactment of the Higher Education Oppor-
tunity Act, provides one or more programs in which 30 percent 
or more of the program participants are Alaska Native or Native 
Hawaiian. 
‘‘(g) PERIOD OF GRANT.—A grant under this section shall be 
awarded for a period of five years. 
‘‘(h) EVALUATION AND REPORT.—Each eligible partnership that 
receives a grant under this section shall conduct an evaluation 
to determine the effectiveness of the programs funded under the 
grant and shall provide a report regarding the evaluation to the 
Secretary not later than six months after the end of the grant 
period. 
‘‘(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 five succeeding 
fiscal years. 
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122 STAT. 3404 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘PART K—PILOT PROGRAMS TO INCREASE 
COLLEGE PERSISTENCE AND SUCCESS 
‘‘SEC. 820. PILOT PROGRAMS TO INCREASE COLLEGE PERSISTENCE 
AND SUCCESS. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (i), the Secretary is authorized to award grants 
in accordance with this section, on a competitive basis, to eligible 
institutions to enable the institutions to develop programs to 
increase the persistence and success of low-income college students. 
‘‘(b) APPLICATIONS.— 
‘‘(1) IN GENERAL.—An eligible institution seeking a grant 
under this section shall submit an application to the Secretary 
at such time, in such manner, and containing such information 
as the Secretary may require. An eligible institution may 
submit an application to receive a grant under subsection (c) 
or (d) or both. 
‘‘(2) EVALUATION
CONDITION.—Each eligible institution 
seeking a grant under this section shall agree to participate 
in the evaluation described in subsection (f). 
‘‘(3) PRIORITY FOR REPLICATION OF EVIDENCE-BASED POLI-
CIES
AND
PRACTICES.—In awarding grants for the program 
under subsection (d), the Secretary shall give priority to applica-
tions submitted by eligible institutions that propose to replicate 
policies and practices that have proven effective in increasing 
persistence and degree completion by low-income students or 
students in need of developmental education. 
‘‘(c) PILOT PROGRAM TO INCREASE PERSISTENCE AND SUCCESS 
IN COMMUNITY COLLEGES.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ELIGIBLE INSTITUTION.—The term ‘eligible institu-
tion’ means an institution of higher education, as defined 
in section 101, that provides a one- or two-year program 
of study leading to a degree or certificate. 
‘‘(B) ELIGIBLE
STUDENT.—The term ‘eligible student’ 
means a student who— 
‘‘(i) is eligible to receive assistance under section 
401; 
‘‘(ii) is enrolled at least half-time; 
‘‘(iii) is not younger than age 19; 
‘‘(iv) is the parent of at least one dependent child, 
which dependent child is age 18 or younger; 
‘‘(v) has a secondary school diploma or its recog-
nized equivalent; and 
‘‘(vi) does not have a degree or certificate from 
an institution of higher education. 
‘‘(2) USES OF FUNDS.— 
‘‘(A) SUPPORT.—The Secretary shall award grants 
under this subsection to eligible institutions to enable such 
institutions to provide additional monetary and nonmone-
tary support to eligible students to enable the eligible stu-
dents to maintain enrollment and complete degree or cer-
tificate programs. 
‘‘(B) 
REQUIRED
USES.—Each 
eligible 
institution 
receiving a grant under this subsection shall use the grant 
funds— 
Grants. 
Disadvantaged 
persons. 
Disadvantaged 
persons. 
20 USC 1161k. 
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122 STAT. 3405 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) to provide scholarships in accordance with 
paragraph (3); and 
‘‘(ii) to provide counseling services in accordance 
with paragraph (4) . 
‘‘(C) ALLOWABLE USES OF FUNDS.—Grant funds pro-
vided under this subsection may be used— 
‘‘(i) to conduct outreach to make students aware 
of the scholarships and counseling services available 
under this subsection and to encourage the students 
to participate in the program assisted under this sub-
section; and 
‘‘(ii) to provide incentives of $20 or less to 
applicants who complete the process of applying for 
assistance under this subsection, as compensation for 
the student’s time. 
‘‘(3) SCHOLARSHIP REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—Each scholarship awarded under 
this subsection shall— 
‘‘(i) be awarded for one academic year consisting 
of two semesters or the equivalent; 
‘‘(ii) require the student to maintain, during the 
scholarship period, at least half-time enrollment and 
at least a 2.0 grade point average or the equivalent; 
‘‘(iii) be awarded in the amount of $1,000 for each 
of two semesters (prorated for quarters or other equiva-
lents), or $2,000 for an academic year; 
‘‘(iv) not exceed the student’s cost of attendance, 
as defined in section 472; and 
‘‘(v) be paid, for each of the two semesters, in 
increments of— 
‘‘(I) $250 upon enrollment (prorated for quar-
ters or other equivalents); 
‘‘(II) $250 upon passing midterm examinations 
or comparable assessments (prorated for quarters 
or other equivalents); and 
‘‘(III) $500 upon passing courses (prorated for 
quarters or other equivalents). 
‘‘(B) NUMBER.—An eligible institution may award an 
eligible student not more than two scholarships under this 
subsection. 
‘‘(4) COUNSELING SERVICES.— 
‘‘(A) IN GENERAL.—Each eligible institution receiving 
a grant under this subsection shall use the grant funds 
to provide students at the institution with a counseling 
staff dedicated to students participating in the program 
under this subsection. Each such counselor shall— 
‘‘(i) have a caseload of less than 125 students; 
‘‘(ii) use a proactive, team-oriented approach to 
counseling; 
‘‘(iii) hold a minimum of two meetings with each 
student each semester; and 
‘‘(iv) provide referrals to and follow-up with other 
student services staff, including financial aid and 
career services. 
‘‘(B) COUNSELING SERVICES AVAILABILITY.—The coun-
seling services provided under this subsection shall be 
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122 STAT. 3406 
PUBLIC LAW 110–315—AUG. 14, 2008 
available to participating students during the daytime and 
evening hours. 
‘‘(d) STUDENT SUCCESS GRANT PILOT PROGRAM.— 
‘‘(1) DEFINITIONS.— 
‘‘(A) ELIGIBLE
INSTITUTION.—In this subsection, the 
term ‘eligible institution’ means an institution of higher 
education in which, during the three-year period preceding 
the year in which the institution is applying for a grant 
under this subsection, an average of not less than 50 per-
cent of the institution’s entering first-year students are 
assessed as needing developmental courses to bring 
reading, writing, or mathematics skills up to college level. 
‘‘(B) ELIGIBLE STUDENT.—In this subsection, the term 
‘eligible student’ means a student who— 
‘‘(i) is eligible to receive assistance under section 
401; 
‘‘(ii) is a first-year student at the time of entering 
the program; 
‘‘(iii) is assessed as needing developmental edu-
cation to bring reading, writing, or mathematics skills 
up to college level; and 
‘‘(iv) is selected by an eligible institution to partici-
pate in the program. 
‘‘(2) STUDENT
SUCCESS
GRANT
AMOUNT.—The Secretary 
shall award grants under this subsection to eligible institutions 
in an amount equal to $1,500 multiplied by the number of 
students the institution selects to participate in the program 
in such year. An institution shall not select more than 200 
students to participate in the program under this subsection 
during such year. 
‘‘(3) REQUIRED USES.—An eligible institution that receives 
a grant under this subsection shall use the grant funds to 
assign a student success coach to each first-year student partici-
pating in the program to provide intensive career and academic 
advising, ongoing personal help in navigating college services 
(such as financial aid and registration), and assistance in con-
necting to community resources that can help students over-
come family and personal challenges to success. Student success 
coaches— 
‘‘(A) shall work with not more than 50 new students 
during any academic period; 
‘‘(B) may be employees of academic departments, stu-
dent services offices, community-based organizations, or 
other entities as determined appropriate by the institution; 
and 
‘‘(C) shall meet with each eligible student selected for 
the program before registration for courses. 
‘‘(4) ALLOWABLE USES.—An eligible institution that receives 
a grant under this subsection may use the grant funds to 
provide services and program innovations for students partici-
pating in the program, including the following: 
‘‘(A) College and career success courses provided at 
no charge to participating students. These courses may 
cover college success topics, including how to take notes, 
how to study, how to take tests, and how to budget time, 
and may also include a substantial career exploration 
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122 STAT. 3407 
PUBLIC LAW 110–315—AUG. 14, 2008 
component. Institutions may use such courses to help stu-
dents develop a college and career success plan, so that 
by the end of the first semester the students have a clear 
sense of their career goals and what classes to take to 
achieve such goals. 
‘‘(B) Work-study jobs with private employers in the 
students’ fields of study. 
‘‘(C) Learning communities that ensure that students 
participating in the program are clustered together for 
at least two courses beginning in the first semester after 
enrolling and have other opportunities to create and main-
tain bonds that allow them to provide academic and social 
support to each other. 
‘‘(D) Curricular redesign, which may include such 
innovations as blended or accelerated remediation classes 
that help student success grant recipients to attain college- 
level reading, writing, or math skills (or a combination 
thereof) more rapidly than traditional remediation formats 
allow, and intensive skills refresher classes, offered prior 
to each semester, to help students who have tested into 
remedial coursework to reach entry level assessment scores 
for the postsecondary programs they wish to enter. 
‘‘(E) Instructional support, such as learning labs, 
supplemental instruction, and tutoring. 
‘‘(F) Assistance with support services, such as child 
care and transportation. 
‘‘(5) REQUIRED
NON-FEDERAL
SHARE.—Each institution 
participating in the program under this subsection shall provide 
a non-Federal share of 25 percent of the amount of grant 
to carry out the activities of the program. The non-Federal 
share under this subsection may be provided in cash or in 
kind. 
‘‘(e) PERIOD
OF GRANT.—The Secretary may award a grant 
under subsection (c) or (d) of this section for a period of five 
years. 
‘‘(f) TECHNICAL ASSISTANCE AND EVALUATION.— 
‘‘(1) CONTRACTOR.—From the funds appropriated under this 
section, the Secretary shall enter into a contract with one 
or more private, nonprofit entities to provide technical assist-
ance to grantees and to conduct the evaluations required under 
paragraph (3). 
‘‘(2) EVALUATIONS.—The evaluations required under para-
graph (3) shall be conducted by entities that are capable of 
designing and carrying out independent evaluations that iden-
tify the impact of the activities carried out by eligible institu-
tions under this subpart on improving persistence and success 
of student participants under this subpart. 
‘‘(3) CONDUCT OF EVALUATIONS.—The Secretary shall con-
duct an evaluation of the impact of the persistence and success 
grant programs as follows: 
‘‘(A) PROGRAM TO INCREASE PERSISTENCE IN COMMUNITY 
COLLEGES.—The evaluation of the program under sub-
section (c) shall be conducted using a random assignment 
research design with the following requirements: 
‘‘(i) When students are recruited for the program, 
all students will be told about the program and the 
evaluation. 
Contracts. 
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122 STAT. 3408 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) Baseline data will be collected from all 
applicants for assistance under subsection (c). 
‘‘(iii) Students will be assigned randomly to two 
groups, which will consist of— 
‘‘(I) a program group that will receive the 
scholarship and the additional counseling services; 
and 
‘‘(II) a control group that will receive whatever 
regular financial aid and counseling services are 
available to all students at the institution of higher 
education. 
‘‘(B) STUDENT
SUCCESS
GRANT
PROGRAM.—Eligible 
institutions receiving a grant to carry out the program 
under subsection (d) shall work with the evaluator to track 
persistence and completion outcomes for students in such 
program, specifically the proportion of these students who 
take and complete developmental education courses, the 
proportion who take and complete college-level coursework, 
and the proportion who complete certificates and degrees. 
The data shall be broken down by gender, race, ethnicity, 
and age and the evaluator shall assist institutions in ana-
lyzing these data to compare program participants to com-
parable nonparticipants, using statistical techniques to con-
trol for differences in the groups. 
‘‘(g) REPORT.—The Secretary shall— 
‘‘(1) provide a report to the authorizing committees that 
includes the evaluation and information on best practices and 
lessons learned during the pilot programs described in this 
section; and 
‘‘(2) disseminate the report to the public by making the 
report available on the Department’s website. 
‘‘(h) SUPPLEMENT NOT SUPPLANT.—Funds made available under 
this section shall be use to supplement and not supplant other 
Federal, State, and local funds available to the institution to car-
rying out the activities described in subsections (c) and (d). 
‘‘(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 five succeeding 
fiscal years. The Secretary may use not more than two percent 
of the amounts appropriated to provide the technical assistance 
and conduct the evaluations required under subsection (f). 
‘‘PART L—STUDENT SAFETY AND CAMPUS 
EMERGENCY MANAGEMENT 
‘‘SEC. 821. STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts appropriated under 
subsection (g), the Secretary is authorized to award grants, 
on a competitive basis, to institutions of higher education or 
consortia of institutions of higher education to enable institu-
tions of higher education or consortia to pay the Federal share 
of the cost of carrying out the authorized activities described 
in subsection (c). 
‘‘(2) CONSULTATION WITH THE ATTORNEY GENERAL AND THE 
SECRETARY OF HOMELAND SECURITY.—Where appropriate, the 
Secretary shall award grants under this section in consultation 
20 USC 1161l. 
Grants. 
Web site. 
Demographics. 
Statistics. 
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122 STAT. 3409 
PUBLIC LAW 110–315—AUG. 14, 2008 
with the Attorney General and the Secretary of Homeland 
Security. 
‘‘(3) DURATION.—The Secretary shall award each grant 
under this section for a period of two years. 
‘‘(4) LIMITATION
ON
INSTITUTIONS
AND
CONSORTIA.—An 
institution of higher education or consortium shall be eligible 
for only one grant under this section. 
‘‘(b) FEDERAL SHARE; NON-FEDERAL SHARE.— 
‘‘(1) IN
GENERAL.—The Federal share of the activities 
described in subsection (c) shall be 50 percent. 
‘‘(2) NON-FEDERAL SHARE.—An institution of higher edu-
cation or consortium that receives a grant under this section 
shall provide the non-Federal share, which may be provided 
from State and local resources dedicated to emergency 
preparedness and response. 
‘‘(c) AUTHORIZED ACTIVITIES.—Each institution of higher edu-
cation or consortium receiving a grant under this section may 
use the grant funds to carry out one or more of the following: 
‘‘(1) Developing and implementing a state-of-the-art emer-
gency communications system for each campus of an institution 
of higher education or consortium, in order to contact students 
via cellular, text message, or other state-of-the-art communica-
tions methods when a significant emergency or dangerous situa-
tion occurs. An institution or consortium using grant funds 
to carry out this paragraph shall also, in coordination with 
the appropriate State and local emergency management 
authorities— 
‘‘(A) develop procedures that students, employees, and 
others on a campus of an institution of higher education 
or consortium will be directed to follow in the event of 
a significant emergency or dangerous situation; and 
‘‘(B) develop procedures the institution of higher edu-
cation or consortium shall follow to inform, within a reason-
able and timely manner, students, employees, and others 
on a campus in the event of a significant emergency or 
dangerous situation, which procedures shall include the 
emergency communications system described in this para-
graph. 
‘‘(2) Supporting measures to improve safety at the institu-
tion of higher education or consortium, such as— 
‘‘(A) security assessments; 
‘‘(B) security training of personnel and students at 
the institution of higher education or consortium; 
‘‘(C) where appropriate, coordination of campus 
preparedness and response efforts with local law enforce-
ment, local emergency management authorities, and other 
agencies, to improve coordinated responses in emergencies 
among such entities; 
‘‘(D) establishing a hotline that allows a student or 
staff member at an institution or consortium to report 
another student or staff member at the institution or 
consortium who the reporting student or staff member 
believes may be a danger to the reported student or staff 
member or to others; and 
‘‘(E) acquisition and installation of access control, video 
surveillance, intrusion detection, and perimeter security 
technologies and systems. 
Procedures. 
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122 STAT. 3410 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) Coordinating with appropriate local entities for the 
provision of mental health services for students and staff of 
the institution of higher education or consortium, including 
mental health crisis response and intervention services for stu-
dents and staff affected by a campus or community emergency. 
‘‘(d) APPLICATION.—Each institution of higher education or 
consortium desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require. 
‘‘(e) TECHNICAL ASSISTANCE.—The Secretary shall coordinate 
technical assistance provided by State and local emergency manage-
ment agencies, the Department of Homeland Security, and other 
agencies as appropriate, to institutions of higher education or con-
sortia that request assistance in developing and implementing the 
activities assisted under this section. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this part such sums as may be 
necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘SEC. 822. MODEL EMERGENCY RESPONSE POLICIES, PROCEDURES, 
AND PRACTICES. 
‘‘The Secretary, in consultation with the Attorney General and 
the Secretary of Homeland Security, shall continue to— 
‘‘(1) advise institutions of higher education on model emer-
gency response policies, procedures, and practices; and 
‘‘(2) disseminate information concerning those policies, 
procedures, and practices. 
‘‘SEC. 823. PREPARATION FOR FUTURE DISASTERS PLAN BY THE SEC-
RETARY. 
‘‘The Secretary shall continue to coordinate with the Secretary 
of Homeland Security and other appropriate agencies to develop 
and maintain procedures to address the preparedness, response, 
and recovery needs of institutions of higher education in the event 
of a natural or manmade disaster with respect to which the Presi-
dent has declared a major disaster or emergency (as such terms 
are defined in section 824). 
‘‘SEC. 824. EDUCATION DISASTER AND EMERGENCY RELIEF LOAN PRO-
GRAM. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary, in consultation 
with the Secretary of Homeland Security, is authorized to establish 
an Education Disaster and Emergency Relief Loan Program for 
institutions of higher education impacted by a major disaster or 
emergency declared by the President. 
‘‘(b) USE OF ASSISTANCE.—The Secretary shall, subject to the 
availability of appropriations, provide loans under this section to 
institutions of higher education after the declaration of a major 
disaster or emergency by the President. Loan funds provided under 
this section may be used for construction, replacement, renovation, 
and operations costs resulting from a major disaster or emergency 
declared by the President. 
‘‘(c) APPLICATION REQUIREMENTS.—To be considered for a loan 
under this section, an institution of higher education shall— 
‘‘(1) submit a financial statement and other appropriate 
data, documentation, or evidence requested by the Secretary 
that indicates that the institution incurred losses resulting 
20 USC 1161l–3. 
20 USC 1161l–2. 
Public 
information. 
20 USC 1161l–1. 
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122 STAT. 3411 
PUBLIC LAW 110–315—AUG. 14, 2008 
from the impact of a major disaster or emergency declared 
by the President, and the monetary amount of such losses; 
‘‘(2) demonstrate that the institution had appropriate insur-
ance policies prior to the major disaster or emergency and 
filed claims, as appropriate, related to the major disaster or 
emergency; and 
‘‘(3) demonstrate that the institution attempted to minimize 
the cost of any losses by pursuing collateral source compensa-
tion from the Federal Emergency Management Agency prior 
to seeking a loan under this section, except that an institution 
of higher education shall not be required to receive collateral 
source compensation from the Federal Emergency Management 
Agency prior to being eligible for a loan under this section. 
‘‘(d) AUDIT.—The Secretary may audit a financial statement 
submitted under subsection (c) and an institution of higher edu-
cation shall provide any information that the Secretary determines 
necessary to conduct such an audit. 
‘‘(e) REDUCTION IN LOAN AMOUNTS.—To determine the amount 
of a loan to make available to an institution of higher education 
under this section, the Secretary shall calculate the monetary 
amount of losses incurred by such institution as a result of a 
major disaster or emergency declared by the President, and shall 
reduce such amount by the amount of collateral source compensa-
tion the institution has already received from insurance, the Federal 
Emergency Management Agency, and the Small Business Adminis-
tration. 
‘‘(f) ESTABLISHMENT OF LOAN PROGRAM.—Prior to disbursing 
any loans under this section, the Secretary shall prescribe regula-
tions that establish the Education Disaster and Emergency Relief 
Loan Program, including— 
‘‘(1) terms for the loan program; 
‘‘(2) procedures for an application for a loan; 
‘‘(3) minimum requirements for the loan program and for 
receiving a loan, including— 
‘‘(A) online forms to be used in submitting request 
for a loan; 
‘‘(B) information to be included in such forms; and 
‘‘(C) procedures to assist in filing and pursing a loan; 
and 
‘‘(4) any other terms and conditions the Secretary may 
prescribe after taking into consideration the structure of other 
existing capital financing loan programs under this Act. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) INSTITUTION
AFFECTED
BY
A
GULF
HURRICANE
DIS-
ASTER.—The term ‘institution affected by a Gulf hurricane dis-
aster’ means an institution of higher education that— 
‘‘(A) is located in an area affected by a Gulf hurricane 
disaster; and 
‘‘(B) is able to demonstrate that the institution— 
‘‘(i) incurred physical damage resulting from the 
impact of a Gulf hurricane disaster; and 
‘‘(ii) was not able to fully reopen in existing facili-
ties or to fully reopen to the pre-hurricane levels for 
30 days or more on or after August 29, 2005. 
‘‘(2) AREA AFFECTED BY A GULF HURRICANE DISASTER; GULF 
HURRICANE DISASTER.—The terms ‘area affected by a Gulf hurri-
cane disaster’ and ‘Gulf hurricane disaster’ have the meanings 
Regulations. 
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122 STAT. 3412 
PUBLIC LAW 110–315—AUG. 14, 2008 
given such terms in section 209 of the Higher Education Hurri-
cane Relief Act of 2005 (Public Law 109-148, 119 Stat. 2808). 
‘‘(3) EMERGENCY.—The term ‘emergency’ has the meaning 
given such term in section 102(1) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(1)). 
‘‘(4) INSTITUTIONS
OF
HIGHER
EDUCATION.—The term 
‘institution of higher education’ has the meaning given such 
term in section 101. 
‘‘(5) MAJOR DISASTER.—The term ‘major disaster’ has the 
meaning given the term in section 102(2) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)). 
‘‘(h) EFFECTIVE DATE.—Loans provided to institutions of higher 
education pursuant to this section shall be available only with 
respect to major disasters or emergencies declared by the President 
that occur after the date of the enactment of the Higher Education 
Opportunity Act, except that loans may be provided pursuant to 
this section to an institution affected by a Gulf hurricane disaster 
with respect to such disaster. 
‘‘(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 five succeeding 
fiscal years. 
‘‘SEC. 825. GUIDANCE ON MENTAL HEALTH DISCLOSURES FOR STU-
DENT SAFETY. 
‘‘(a) GUIDANCE.—The Secretary shall continue to provide guid-
ance that clarifies the role of institutions of higher education with 
respect to the disclosure of education records, including to a parent 
or legal guardian of a dependent student, in the event that such 
student demonstrates that the student poses a significant risk 
of harm to himself or herself or to others, including a significant 
risk of suicide, homicide, or assault. Such guidance shall further 
clarify that an institution of higher education that, in good faith, 
discloses education records or other information in accordance with 
the requirements of this Act and section 444 of the General Edu-
cation Provisions Act (the Family Educational Rights and Privacy 
Act of 1974) shall not be liable to any person for that disclosure. 
‘‘(b) INFORMATION TO CONGRESS.—The Secretary shall provide 
an update to the authorizing committees on the Secretary’s activi-
ties under subsection (a) not later than 180 days after the date 
of enactment of the Higher Education Opportunity Act. 
‘‘SEC. 826. RULE OF CONSTRUCTION. 
‘‘Nothing in this part shall be construed— 
‘‘(1) to provide a private right of action to any person 
to enforce any provision of this section; 
‘‘(2) to create a cause of action against any institution 
of higher education or any employee of the institution for any 
civil liability; or 
‘‘(3) to affect section 444 of the General Education Provi-
sions Act (the Family Educational Rights and Privacy Act of 
1974) or the regulations issued under section 264 of the Health 
Insurance Portability and Accountability Act of 1996 (42 U.S.C. 
1320d–2 note). 
20 USC 1161l–5. 
Deadline. 
Records. 
20 USC 1161l–4. 
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122 STAT. 3413 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘PART M—LOW TUITION 
‘‘SEC. 830. INCENTIVES AND REWARDS FOR LOW TUITION. 
‘‘(a) REWARDS FOR LOW TUITION.— 
‘‘(1) GRANTS.—From funds made available under subsection 
(e), the Secretary shall award grants to institutions of higher 
education that, for academic year 2009–2010 or any succeeding 
academic year— 
‘‘(A) have an annual tuition and fee increase, expressed 
as a percentage change, for the most recent academic year 
for which satisfactory data is available, that is in the 
lowest 20 percent of such increases for each category 
described in subsection (b); 
‘‘(B) are public institutions of higher education that 
have tuition and fees that are in the lowest quartile of 
for institutions in each category described in subsection 
(b)(1), (b)(4), or (b)(7); or 
‘‘(C) are public institutions of higher education that 
have a tuition and fee increase of less than $600 for a 
first-time, full-time undergraduate student. 
‘‘(2) USE OF FUNDS.—Funds awarded to an institution of 
higher education under paragraph (1) shall be distributed by 
the institution in the form of need-based grant aid to students 
who are eligible for Federal Pell Grants, except that no student 
shall receive an amount under this section that would cause 
the amount of total financial aid received by such student 
to exceed the cost of attendance of the institution. 
‘‘(b) CATEGORIES OF INSTITUTIONS.—The categories of institu-
tions described in subsection (a) shall be the following: 
‘‘(1) four-year public institutions of higher education; 
‘‘(2) four-year private, nonprofit institutions of higher edu-
cation; 
‘‘(3) four-year private, for-profit institutions of higher edu-
cation; 
‘‘(4) two-year public institutions of higher education; 
‘‘(5) two-year private, nonprofit institutions of higher edu-
cation; 
‘‘(6) two-year private, for-profit institutions of higher edu-
cation; 
‘‘(7) less than two-year public institutions of higher edu-
cation; 
‘‘(8) less than two-year private, nonprofit institutions of 
higher education; and 
‘‘(9) less than two-year private, for-profit institutions of 
higher education. 
‘‘(c) REWARDS FOR GUARANTEED TUITION.— 
‘‘(1) BONUS.—For each institution of higher education that 
the Secretary determines complies with the requirements of 
paragraph (2) or (3) of this subsection, the Secretary shall 
provide to such institution a bonus amount. Such institution 
shall award the bonus amount in the form of need-based aid 
first to students who are eligible for Federal Pell Grants who 
were in attendance at the institution during the award year 
that such institution satisfied the eligibility criteria for 
maintaining low tuition and fees, then to students who are 
eligible for Federal Pell Grants who were not in attendance 
at the institution during such award year. 
Disadvantaged 
persons. 
20 USC 1161m. 
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122 STAT. 3414 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) FOUR-YEAR
INSTITUTIONS.—An institution of higher 
education that provides a program of instruction for which 
it awards a bachelor’s degree complies with the requirements 
of this paragraph if— 
‘‘(A) for a public institution of higher education, such 
institution’s tuition and fees are in the lowest quartile 
of institutions in the same category as described under 
subsection (b); or 
‘‘(B) for any institution of higher education, such 
institution guarantees that for any academic year (or the 
equivalent) beginning on or after July 1, 2009, and for 
each of the four succeeding continuous academic years, 
the tuition and fees charged to an undergraduate student 
will not exceed— 
‘‘(i) for a public institution of higher education, 
$600 per year for a full-time undergraduate student; 
or 
‘‘(ii) for any other institution of higher education— 
‘‘(I) the amount that the student was charged 
for an academic year at the time the student first 
enrolled in the institution of higher education, plus 
‘‘(II) the percentage change in tuition and fees 
at the institution for the three most recent aca-
demic years for which data is available, multiplied 
by the amount determined under subclause (I). 
‘‘(3) LESS-THAN FOUR-YEAR INSTITUTIONS.—An institution 
of higher education that does not provide a program of instruc-
tion for which it awards a bachelor’s degree complies with 
the requirements of this paragraph if— 
‘‘(A) for a public institution of higher education, such 
institution’s tuition is in the lowest quartile of institutions 
in the same category as described under subsection (b); 
or 
‘‘(B) for any institution of higher education, such 
institution guarantees that for any academic year (or the 
equivalent) beginning on or after July 1, 2009, and for 
each of the 1.5 succeeding continuous academic years, the 
tuition and fees charged to an undergraduate student will 
not exceed— 
‘‘(i) for a public institution of higher education, 
$600 per year for a full-time undergraduate student; 
or 
‘‘(ii) for any other institution of higher education— 
‘‘(I) the amount that the student was charged 
for an academic year at the time the student first 
enrolled in the institution of higher education, plus 
‘‘(II) the percentage change in tuition and fees 
at the institution for the three most recent aca-
demic years for which data is available, multiplied 
by the amount determined under subclause (I). 
‘‘(d) DEFINITIONS.—In this section, the terms ‘tuition and fees’ 
and ‘net price’ have the meaning given to such terms in section 
132 of this Act. 
‘‘(e) AUTHORIZATION.—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 five succeeding fiscal years. 
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122 STAT. 3415 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘PART N—COOPERATIVE EDUCATION 
‘‘SEC. 831. STATEMENT OF PURPOSE; DEFINITION. 
‘‘(a) PURPOSE.—It is the purpose of this part to award grants 
to institutions of higher education or consortia of such institutions 
to encourage such institutions to develop and make available to 
their students work experience that will aid such students in future 
careers and will enable such students to support themselves finan-
cially while in school. 
‘‘(b) DEFINITION.—In this part the term ‘cooperative education’ 
means the provision of alternating or parallel periods of academic 
study and public or private employment to give students work 
experiences related to their academic or occupational objectives 
and an opportunity to earn the funds necessary for continuing 
and completing their education. 
‘‘SEC. 832. RESERVATIONS. 
‘‘(a) RESERVATIONS.—Of the amount appropriated to carry out 
this part in each fiscal year— 
‘‘(1) not less than 50 percent shall be available for awarding 
grants to institutions of higher education and consortia of such 
institutions described in section 833(a)(1)(A) for cooperative 
education under section 833; 
‘‘(2) not less than 25 percent shall be available for awarding 
grants to institutions of higher education described in section 
833(a)(1)(B) for cooperative education under section 833; 
‘‘(3) not to exceed 11 percent shall be available for dem-
onstration projects under paragraph (1) of section 834(a); 
‘‘(4) not to exceed 11 percent shall be available for training 
and resource centers under paragraph (2) of section 834(a); 
and 
‘‘(5) not to exceed 3 percent shall be available for research 
under paragraph (3) of section 834(a). 
‘‘(b) AVAILABILITY OF APPROPRIATIONS.—Amounts appropriated 
under this part shall not be used for the payment of compensation 
of students for employment by employers participating in a program 
under this part. 
‘‘SEC. 833. GRANTS FOR COOPERATIVE EDUCATION. 
‘‘(a) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary is authorized, from the 
amount available to carry out this section under section 835 
in each fiscal year and in accordance with the provisions of 
this part— 
‘‘(A) to award grants to institutions of higher education 
or consortia of such institutions that have not received 
a grant under this paragraph in the ten-year period pre-
ceding the date for which a grant under this section is 
requested to pay the Federal share of the cost of planning, 
establishing, expanding, or carrying out programs of 
cooperative education by such institutions or consortia of 
institutions; and 
‘‘(B) to award grants to institutions of higher education 
that are operating an existing cooperative education pro-
gram as determined by the Secretary to pay the Federal 
share of the cost of planning, establishing, expanding, or 
20 USC 1161n–2. 
20 USC 1161n–1. 
20 USC 1161n. 
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122 STAT. 3416 
PUBLIC LAW 110–315—AUG. 14, 2008 
carrying out programs of cooperative education by such 
institutions. 
‘‘(2) PROGRAM REQUIREMENT.—Cooperative education pro-
grams assisted under this section shall provide alternating 
or parallel periods of academic study and of public or private 
employment, giving students work experience related to their 
academic or occupational objectives and the opportunity to earn 
the funds necessary for continuing and completing their edu-
cation. 
‘‘(3) AMOUNT OF GRANTS.— 
‘‘(A) The amount of each grant awarded pursuant to 
paragraph (1)(A) to any institution of higher education 
or consortia of such institutions in any fiscal year shall 
not exceed $500,000. 
‘‘(B)(i) Except as provided in clauses (ii) and (iii), the 
Secretary shall award grants in each fiscal year to each 
institution of higher education described in paragraph 
(1)(B) that has an application approved under subsection 
(b) in an amount that bears the same ratio to the amount 
reserved pursuant to section 832(a)(2) for such fiscal year 
as the number of unduplicated students placed in coopera-
tive education jobs during the preceding fiscal year by 
such institution of higher education (other than cooperative 
education jobs under section 834 and as determined by 
the Secretary) bears to the total number of all such stu-
dents placed in such jobs during the preceding fiscal year 
by all such institutions. 
‘‘(ii) No institution of higher education shall receive 
a grant pursuant to paragraph (1)(B) in any fiscal year 
in an amount that exceeds 25 percent of such institution’s 
cooperative education program’s personnel and operating 
budget for the preceding fiscal year. 
‘‘(iii) The minimum annual grant amount that an 
institution of higher education is eligible to receive under 
paragraph (1)(B) is $1,000 and the maximum annual grant 
amount is $75,000. 
‘‘(4) LIMITATION.—The Secretary shall not award grants 
pursuant to subparagraphs (A) and (B) of paragraph (1) to 
the same institution of higher education or consortia of such 
institution in any one fiscal year. 
‘‘(5) USES.—Grants awarded under paragraph (1)(B) shall 
be used exclusively— 
‘‘(A) to expand the quality of and participation in a 
cooperative education program; 
‘‘(B) for outreach to potential participants in new cur-
ricular areas; and 
‘‘(C) for outreach to potential participants including 
underrepresented and nontraditional populations. 
‘‘(b) APPLICATIONS.—Each institution of higher education or 
consortium of such institutions desiring to receive a grant under 
this section shall submit an application to the Secretary at such 
time and in such manner as the Secretary shall prescribe. Each 
such application shall— 
‘‘(1) set forth the program or activities for which a grant 
is authorized under this section; 
‘‘(2) specify each portion of such program or activities which 
will be performed by a nonprofit organization or institution 
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122 STAT. 3417 
PUBLIC LAW 110–315—AUG. 14, 2008 
other than the applicant, and the amount of grant funds to 
be used for such program or activities; 
‘‘(3) provide that the applicant will expend, during the 
fiscal year for which the grant is awarded for the purpose 
of such program or activities, not less than the amount 
expended for such purpose during the previous fiscal year; 
‘‘(4) describe the plans which the applicant will carry out 
to assure, and contain a formal statement of the institution’s 
commitment that assures, that the applicant will continue the 
cooperative education program beyond the five-year period of 
Federal assistance described in subsection (c)(1) at a level that 
is not less than the total amount expended for such program 
during the first year such program was assisted under this 
section; 
‘‘(5) provide that, in the case of an institution of higher 
education that provides a two-year program that is acceptable 
for full credit toward a bachelor’s degree, the cooperative edu-
cation program will be available to students who are certificate 
or associate degree candidates and who carry at least one- 
half of the normal full-time academic workload; 
‘‘(6) provide that the applicant will— 
‘‘(A) make such reports as may be necessary to ensure 
that the applicant is complying with the provisions of this 
section, including reports for the second and each suc-
ceeding fiscal year for which the applicant receives a grant 
with respect to the impact of the cooperative education 
program in the previous fiscal year, including— 
‘‘(i) the number of unduplicated student applicants 
in the cooperative education program; 
‘‘(ii) the number of unduplicated students placed 
in cooperative education jobs; 
‘‘(iii) the number of employers who have hired 
cooperative education students; 
‘‘(iv) the income for students derived from working 
in cooperative education jobs; and 
‘‘(v) the increase or decrease in the number of 
unduplicated students placed in cooperative education 
jobs in each fiscal year compared to the previous fiscal 
year; and 
‘‘(B) keep such records as may be necessary to ensure 
that the applicant is complying with the provisions of this 
part, including the notation of cooperative education 
employment on the student’s transcript; 
‘‘(7) describe the extent to which programs in the academic 
disciplines for which the application is made have satisfactorily 
met the needs of public and private sector employers; 
‘‘(8) describe the extent to which the institution is com-
mitted to extending cooperative education on an institution- 
wide basis for all students who can benefit; 
‘‘(9) describe the plans that the applicant will carry out 
to evaluate the applicant’s cooperative education program at 
the end of the grant period; 
‘‘(10) provide for such fiscal control and fund accounting 
procedures as may be necessary to ensure proper disbursement 
of, and accounting for, Federal funds paid to the applicant 
under this part; 
Records. 
Reports. 
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122 STAT. 3418 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(11) demonstrate a commitment to serving underserved 
populations at the institution; and 
‘‘(12) include such other information as may be necessary 
to carry out the provisions of this part. 
‘‘(c) DURATION OF GRANTS; FEDERAL SHARE.— 
‘‘(1) DURATION
OF
GRANTS.—No individual institution of 
higher education may receive, individually or as a participant 
in a consortium of such institutions— 
‘‘(A) a grant pursuant to subsection (a)(1)(A) for more 
than five fiscal years; or 
‘‘(B) a grant pursuant to subsection (a)(1)(B) for more 
than five fiscal years. 
‘‘(2) FEDERAL SHARE.—The Federal share of a grant under 
subsection (a)(1)(A) may not exceed— 
‘‘(A) 85 percent of the cost of carrying out the program 
or activities described in the application in the first year 
the applicant receives a grant under this section; 
‘‘(B) 70 percent of such cost in the second such year; 
‘‘(C) 55 percent of such cost in the third such year; 
‘‘(D) 40 percent of such cost in the fourth such year; 
and 
‘‘(E) 25 percent of such cost in the fifth such year. 
‘‘(3) SPECIAL RULE.—Notwithstanding any other provision 
of law, the Secretary may not waive the provisions of para-
graphs (1) and (2). 
‘‘(d) MAINTENANCE OF EFFORT.—If the Secretary determines 
that a recipient of funds under this section has failed to maintain 
the fiscal effort described in subsection (b)(3), then the Secretary 
may elect not to make grant payments under this section to such 
recipient. 
‘‘(e) FACTORS FOR SPECIAL CONSIDERATION OF APPLICATIONS.— 
‘‘(1) IN
GENERAL.—In approving applications under this 
section, the Secretary shall give special consideration to applica-
tions from institutions of higher education or consortia of such 
institutions for programs that show the greatest promise of 
success because of— 
‘‘(A) the extent to which programs in the academic 
discipline with respect to which the application is made 
have satisfactorily met the needs of public and private 
sector employers; 
‘‘(B) the strength of the commitment of the institution 
of higher education or consortium of such institutions to 
cooperative education as demonstrated by the plans and 
formalized institutional commitment statement which such 
institution or consortium has made to continue the program 
after the termination of Federal financial assistance; 
‘‘(C) the extent to which the institution or consortium 
of institutions is committed to extending cooperative edu-
cation for students who can benefit; and 
‘‘(D) such other factors as are consistent with the pur-
poses of this section. 
‘‘(2) ADDITIONAL SPECIAL CONSIDERATION.—The Secretary 
shall also give special consideration to applications from institu-
tions of higher education or consortia of such institutions that 
demonstrate a commitment to serving underserved populations 
attending such institutions. 
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122 STAT. 3419 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘SEC. 834. DEMONSTRATION AND INNOVATION PROJECTS; TRAINING 
AND RESOURCE CENTERS; AND RESEARCH. 
‘‘(a) AUTHORIZATION.—From the amounts appropriated under 
section 835, the Secretary is authorized, in accordance with the 
provisions of this section, to make grants and enter into contracts— 
‘‘(1) from the amounts available in each fiscal year under 
section 832(a)(3), for the conduct of demonstration projects 
designed to demonstrate or determine the effectiveness of 
innovative methods of cooperative education; 
‘‘(2) from the amounts available in each fiscal year under 
section 832(a)(4), for the conduct of training and resource cen-
ters designed to— 
‘‘(A) train personnel in the field of cooperative edu-
cation; 
‘‘(B) improve materials used in cooperative education 
programs if such improvement is conducted in conjunction 
with other activities described in this paragraph; 
‘‘(C) provide technical assistance to institutions of 
higher education to increase the potential of the institution 
to continue to conduct a cooperative education program 
without Federal assistance; 
‘‘(D) encourage model cooperative education programs 
that furnish education and training in occupations in which 
there is a national need; 
‘‘(E) support partnerships under which an institution 
carrying out a comprehensive cooperative education pro-
gram joins with one or more institutions of higher education 
in order to— 
‘‘(i) assist the institution that is not the institution 
carrying out the cooperative education program to 
develop and expand an existing program of cooperative 
education; or 
‘‘(ii) establish and improve or expand comprehen-
sive cooperative education programs; and 
‘‘(F) encourage model cooperative education programs 
in the fields of science and mathematics for women and 
minorities who are underrepresented in such fields; and 
‘‘(3) from the amounts available in each fiscal year under 
section 832(a)(5), for the conduct of research relating to coopera-
tive education. 
‘‘(b) ADMINISTRATIVE PROVISION.— 
‘‘(1) IN GENERAL.—To carry out this section, the Secretary 
may— 
‘‘(A) make grants to or contracts with institutions of 
higher education or consortia of such institutions; and 
‘‘(B) make grants to or contracts with other public 
or private nonprofit agencies or organizations, whenever 
such grants or contracts will contribute to the objectives 
of this section. 
‘‘(2) LIMITATION.— 
‘‘(A) CONTRACTS WITH INSTITUTIONS OF HIGHER EDU-
CATION.—The Secretary may use not more than three per-
cent of the amount appropriated to carry out this section 
in each fiscal year to enter into contracts described in 
paragraph (1)(A). 
‘‘(B) CONTRACTS WITH OTHER AGENCIES OR ORGANIZA-
TIONS.—The Secretary may use not more than three percent 
20 USC 1161n–3. 
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122 STAT. 3420 
PUBLIC LAW 110–315—AUG. 14, 2008 
of the amount appropriated to carry out this section in 
each fiscal year to enter into contracts described in para-
graph (1)(B). 
‘‘(c) SUPPLEMENT NOT SUPPLANT.—A recipient of a grant or 
contract under this section may use the funds provided only to 
supplement funds made available from non-Federal sources to carry 
out the activities supported by such grant or contract, and in 
no case to supplant such funds from non-Federal sources. 
‘‘SEC. 835. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
part such sums as may be necessary for fiscal year 2009 and 
each of the five succeeding fiscal years. 
‘‘PART O—COLLEGE PARTNERSHIP GRANTS 
‘‘SEC. 841. COLLEGE PARTNERSHIP GRANTS AUTHORIZED. 
‘‘(a) GRANTS AUTHORIZED.—From the amount appropriated to 
carry out this section, the Secretary shall award grants to eligible 
partnerships for the purposes of developing and implementing 
articulation agreements. 
‘‘(b) ELIGIBLE PARTNERSHIPS.—For purposes of this part, an 
eligible partnership shall include at least two institutions of higher 
education, or a system of institutions of higher education, and 
may include either or both of the following: 
‘‘(1) A consortia of institutions of higher education. 
‘‘(2) A State higher education agency. 
‘‘(c) PRIORITY.—The Secretary shall give priority to eligible part-
nerships that— 
‘‘(1) are located in a State that has employed strategies 
described in section 486A(d); or 
‘‘(2) include— 
‘‘(A) one or more junior or community colleges (as 
defined by section 312(f)) that award associate’s degrees; 
and 
‘‘(B) one or more institutions of higher education that 
offer a baccalaureate or post-baccalaureate degree not 
awarded by the institutions described in subparagraph (A) 
with which it is partnered. 
‘‘(d) MANDATORY USE OF FUNDS.—Grants awarded under this 
part shall be used for— 
‘‘(1) the development of policies and programs to expand 
opportunities for students to earn bachelor’s degrees, by facili-
tating the transfer of academic credits between institutions 
and expanding articulation and guaranteed transfer agreements 
between institutions of higher education, including through 
common course numbering and general education core cur-
riculum; 
‘‘(2) academic program enhancements; and 
‘‘(3) programs to identify and remove barriers that inhibit 
student transfers, including technological and informational 
programs. 
‘‘(e) OPTIONAL USE
OF FUNDS.—Grants awarded under this 
part may be used for— 
‘‘(1) support services to students participating in the pro-
gram, such as tutoring, mentoring, and academic and personal 
counseling; and 
20 USC 1161o. 
20 USC 1161n–4. 
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122 STAT. 3421 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) any service that facilitates the transition of students 
between the partner institutions. 
‘‘(f) PROHIBITION.—No funds provided under this section shall 
be used to financially compensate an institution for the purposes 
of entering into an articulation agreement or for accepting students 
transferring into such institution. 
‘‘(g) APPLICATIONS.—Any eligible partnership that desires to 
obtain a grant under this section shall submit to the Secretary 
an application at such time, in such manner, and containing such 
information or assurances as the Secretary may require. 
‘‘(h) DEFINITION.—For purposes of this section, the term ‘articu-
lation agreement’ means an agreement between institutions of 
higher education that specifies the acceptability of courses in 
transfer toward meeting specific degree requirements. 
‘‘(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 five succeeding 
fiscal years. 
‘‘PART P—JOBS TO CAREERS 
‘‘SEC. 851. GRANTS TO CREATE BRIDGES FROM JOBS TO CAREERS. 
‘‘(a) PURPOSE.—The purpose of this section is to provide grants 
on a competitive basis to institutions of higher education for the 
purpose of improving developmental education to help students 
move more rapidly into for-credit occupational courses and into 
better jobs that may require a certificate or degree. 
‘‘(b) AUTHORIZATION OF PROGRAM.—From amounts appropriated 
to carry out this section, the Secretary shall award grants, on 
a competitive basis, to institutions of higher education, as defined 
in section 101(a), to create workforce bridge programs between 
developmental courses and for-credit courses in occupational certifi-
cate programs that are articulated to degree programs. Such 
workforce bridge programs shall focus on— 
‘‘(1) improving developmental education, including English 
language instruction, by customizing developmental education 
to student career goals; and 
‘‘(2) helping students move rapidly from developmental 
coursework into for-credit occupational courses and through 
program completion. 
‘‘(c) APPLICATION.—An institution of higher education desiring 
a grant under this section shall submit an application to the Sec-
retary at such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require. 
‘‘(d) PRIORITIES.—The Secretary shall give priority to applica-
tions that— 
‘‘(1) are from institutions of higher education in which 
not less than 50 percent of the institution’s entering first- 
year students who are subject to mandatory assessment are 
assessed as needing developmental courses to bring reading, 
writing, or mathematics skills up to college level; and 
‘‘(2) propose to replicate practices that have proven effective 
with adults, or propose to collaborate with adult education 
providers. 
‘‘(e) REQUIRED ACTIVITY.—An institution of higher education 
that receives a grant under this section shall use the grant funds 
to create workforce bridge programs to customize developmental 
Grants. 
20 USC 1161p. 
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122 STAT. 3422 
PUBLIC LAW 110–315—AUG. 14, 2008 
education curricula, including English language instruction, to 
reflect the content of for-credit occupational certificate or degree 
programs, or clusters of such programs, in which developmental 
education students are enrolled or plan to enroll. Such workforce 
bridge programs shall integrate the curricula and the instruction 
of the developmental and college-level coursework. 
‘‘(f) PERMISSIBLE ACTIVITIES.—An institution of higher edu-
cation that receives a grant under this section may use the grant 
funds to carry out one or more of the following activities: 
‘‘(1) Designing and implementing innovative ways to 
improve retention in and completion of developmental education 
courses, including enrolling students in cohorts, accelerating 
course content, dually enrolling students in developmental and 
college-level courses, tutoring, providing counseling and other 
supportive services, and giving small, material incentives for 
attendance and performance. 
‘‘(2) In consultation with faculty in the appropriate depart-
ments, reconfiguring courses offered on-site during standard 
academic terms for modular, compressed, or other alternative 
schedules, or for distance-learning formats, to meet the needs 
of working adults. 
‘‘(3) Developing counseling strategies that address the 
needs of students in remedial education courses, and including 
counseling students on career options and the range of pro-
grams available, such as certificate programs that are articu-
lated to degree programs and programs designed to facilitate 
transfer to four-year institutions of higher education. 
‘‘(4) Improving the quality of teaching in remedial courses 
through professional development, reclassification of such 
teaching positions, or other means the institution of higher 
education determines appropriate. 
‘‘(5) Any other activities the institution of higher education 
and the Secretary determine will promote retention of, and 
completion by, students attending institutions of higher edu-
cation. 
‘‘(g) GRANT PERIOD.—Grants made under this section shall be 
for a period of not less than three years and not more than five 
years. 
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary shall provide tech-
nical assistance to recipients of, and applicants for, grants under 
this section. 
‘‘(i) REPORT AND SUMMARY.—Each institution of higher edu-
cation that receives a grant under this section shall report to 
the Secretary on the effectiveness of the program in enabling stu-
dents to move rapidly from developmental coursework into for- 
credit occupational courses and through program completion. The 
Secretary shall summarize the reports, identify best practices, and 
disseminate the information from such summary and identification 
to the public. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to carry out this section such sums as may be necessary for fiscal 
year 2009 and each of the five succeeding fiscal years. 
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122 STAT. 3423 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘PART Q—RURAL DEVELOPMENT GRANTS FOR 
RURAL-SERVING COLLEGES AND UNIVER-
SITIES 
‘‘SEC. 861. GRANTS TO RURAL-SERVING INSTITUTIONS OF HIGHER 
EDUCATION. 
‘‘(a) PURPOSES.—The purposes of this section are— 
‘‘(1) to increase enrollment and graduation rates of sec-
ondary school graduates and nontraditional students from rural 
areas at two-year and four-year institutions of higher education, 
and their articulation from two-year degree programs into four- 
year degree programs; and 
‘‘(2) to promote economic growth and development in rural 
America through partnership grants to consortia of rural- 
serving institutions of higher education, local educational agen-
cies, and regional employers. 
‘‘(b) DEFINITIONS.—For the purposes of this section: 
‘‘(1) RURAL-SERVING INSTITUTION OF HIGHER EDUCATION.— 
The term ‘rural-serving institution of higher education’ means 
an institution of higher education that primarily serves rural 
areas. 
‘‘(2) RURAL AREA.—The term ‘rural area’ means an area 
that is defined, identified, or otherwise recognized as rural 
by a governmental agency of the State in which the area 
is located. 
‘‘(3) NONTRADITIONAL STUDENT.—The term ‘nontraditional 
student’ means an individual who— 
‘‘(A) delays enrollment in an institution of higher edu-
cation by three or more years after secondary school 
graduation; 
‘‘(B) attends an institution of higher education part- 
time; or 
‘‘(C) attends an institution of higher education and— 
‘‘(i) works full-time; 
‘‘(ii) is an independent student, as defined in sec-
tion 480; 
‘‘(iii) has one or more dependents other than a 
spouse; 
‘‘(iv) is a single parent; or 
‘‘(v) does not have a secondary school diploma or 
the recognized equivalent of such a diploma. 
‘‘(4) REGIONAL EMPLOYER.—The term ‘regional employer’ 
means an employer within a rural area. 
‘‘(c) PARTNERSHIP.— 
‘‘(1) REQUIRED PARTNERS.—A rural-serving institution of 
higher education, or a consortium of rural-serving institutions 
of higher education, that receives a grant under this section 
shall carry out the activities of the grant in partnership with— 
‘‘(A) one or more local educational agencies serving 
a rural area; and 
‘‘(B) one or more regional employers or local boards 
(as such term is defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)) serving a rural 
area. 
‘‘(2) OPTIONAL
PARTNERS.—A rural-serving institution of 
higher education, or a consortium of rural-serving institutions 
20 USC 1161q. 
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122 STAT. 3424 
PUBLIC LAW 110–315—AUG. 14, 2008 
of higher education, that receives a grant under this section, 
may carry out the activities of the grant in partnership with— 
‘‘(A) an educational service agency (as defined in sec-
tion 9101 of the Elementary and Secondary Education Act 
of 1965); or 
‘‘(B) a nonprofit organization with demonstrated exper-
tise in rural education at the secondary and postsecondary 
levels. 
‘‘(d) GRANTS AUTHORIZED.— 
‘‘(1) IN GENERAL.—From amounts made available under 
subsection (g), the Secretary is authorized to award grants, 
on a competitive basis, to eligible rural-serving institutions 
of higher education or a consortium of such institutions, to 
carry out the activities described in subsection (f). 
‘‘(2) DURATION.—A grant awarded under this section shall 
be awarded for a period not to exceed three years. 
‘‘(3) MAXIMUM AND MINIMUM GRANTS.—No grant awarded 
under this section shall be less than $200,000. 
‘‘(4) SPECIAL CONSIDERATIONS.—In awarding grants under 
this section, the Secretary shall give special consideration to 
applications that demonstrate the most potential and propose 
the most promising and innovative approaches for— 
‘‘(A) increasing the percentage of graduates of rural 
secondary schools attending rural-serving institutions of 
higher education; 
‘‘(B) meeting the employment needs of regional 
employers with graduates of rural-serving institutions of 
higher education; and 
‘‘(C) improving the health of the regional economy of 
a rural area through a partnership of local educational 
agencies serving the rural area, rural-serving institutions 
of higher education, and regional employers. 
‘‘(5) LIMITATION.—A rural-serving institution of higher edu-
cation shall not receive more than one grant under this section. 
‘‘(e) APPLICATIONS.—Each rural-serving institution of higher 
education desiring a grant under this section shall submit to the 
Secretary an application at such time, in such manner, and con-
taining such information as the Secretary may reasonably require. 
‘‘(f) REQUIRED USE OF FUNDS.—A rural-serving institution of 
higher education that receives a grant under this section shall 
use grant funds for at least three of the following four purposes: 
‘‘(1) To improve postsecondary enrollment rates for rural 
secondary school students at rural-serving institutions of higher 
education, which may include— 
‘‘(A) programs to provide students and families with 
counseling related to applying for postsecondary education, 
and Federal and State financial assistance for postsec-
ondary education; 
‘‘(B) programs that provide students and families of 
rural high schools access and exposure to campuses, 
classes, programs, and internships of rural-serving institu-
tions of higher education, including covering the cost of 
transportation to and from such institutions; and 
‘‘(C) other initiatives that assist students and families 
in applying for and developing interest in attending rural- 
serving institutions of higher education. 
Rural areas. 
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122 STAT. 3425 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) To increase enrollment rates of nontraditional students 
in degree programs at rural-serving institutions of higher edu-
cation, which may include— 
‘‘(A) programs to provide nontraditional students with 
counseling related to applying for postsecondary education, 
and Federal and State financial assistance for postsec-
ondary education; 
‘‘(B) community outreach initiatives to encourage non-
traditional students to enroll in a rural-serving institution 
of higher education; and 
‘‘(C) programs to improve the enrollment of nontradi-
tional students in two-year degree programs and the transi-
tion of nontraditional students articulating from two-year 
degree programs to four-year degree programs. 
‘‘(3) To create or strengthen academic programs at rural- 
serving institutions of higher education to prepare graduates 
to enter into high-need occupations in the regional and local 
economies. 
‘‘(4) To provide additional career training to students of 
rural-serving institutions of higher education in fields relevant 
to the regional economy. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as many 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART R—CAMPUS-BASED DIGITAL THEFT 
PREVENTION 
‘‘SEC. 871. CAMPUS-BASED DIGITAL THEFT PREVENTION. 
‘‘(a) PROGRAM AUTHORITY.—From the amounts appropriated 
under subsection (d), the Secretary may make grants to institutions 
of higher education, or consortia of such institutions, and enter 
into contracts with such institutions, consortia, and other organiza-
tions, to develop, implement, operate, improve, and disseminate 
programs of prevention, education, and cost-effective technological 
solutions, to reduce and eliminate the illegal downloading and dis-
tribution of intellectual property. Such grants or contracts may 
also be used for the support of higher education centers that will 
provide training, technical assistance, evaluation, dissemination, 
and associated services and assistance to the higher education 
community as determined by the Secretary and institutions of 
higher education. 
‘‘(b) AWARDS.—Grants and contracts shall be awarded under 
this section on a competitive basis. 
‘‘(c) APPLICATIONS.—An institution of higher education or a 
consortium of such institutions that desires to receive a grant 
or contract under this section shall submit an application to the 
Secretary at such time, in such manner, and containing or accom-
panied by such information as the Secretary may reasonably require 
by regulation. 
‘‘(d) 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 five succeeding 
fiscal years. 
Regulations. 
Grants. 
Contracts. 
20 USC 1161r. 
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122 STAT. 3426 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘PART S—TRAINING FOR REALTIME WRITERS 
‘‘SEC. 872. PROGRAM TO PROMOTE TRAINING AND JOB PLACEMENT 
OF REALTIME WRITERS. 
‘‘(a) AUTHORIZATION OF GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—From the amounts appropriated to carry 
out this section, the Secretary shall award grants, on a competi-
tive basis, to eligible entities under paragraph (2) to promote 
training and placement of individuals, including individuals 
who have completed a court reporting training program, as 
realtime writers in order to meet the requirements for closed 
captioning of video programming set forth in section 713 of 
the Communications Act of 1934 (47 U.S.C. 613) and the rules 
prescribed thereunder. 
‘‘(2) ELIGIBLE ENTITIES.—For purposes of this section, an 
eligible entity is a court reporting program that— 
‘‘(A) has a curriculum capable of training realtime 
writers qualified to provide captioning services; 
‘‘(B) is accredited by an accrediting agency or associa-
tion recognized by the Secretary; and 
‘‘(C) is participating in student aid programs under 
title IV. 
‘‘(3) PRIORITY IN GRANTS.—In determining whether to make 
grants under this section, the Secretary shall give a priority 
to eligible entities that, as determined by the Secretary— 
‘‘(A) possess the most substantial capability to increase 
their capacity to train realtime writers; 
‘‘(B) demonstrate the most promising collaboration with 
educational institutions, businesses, labor organizations, 
or other community groups having the potential to train 
or provide job placement assistance to realtime writers; 
or 
‘‘(C) propose the most promising and innovative 
approaches for initiating or expanding training or job place-
ment assistance efforts with respect to realtime writers. 
‘‘(4) DURATION OF GRANT.—A grant under this section shall 
be for a period of up to five years. 
‘‘(5) MAXIMUM AMOUNT OF GRANT.—The amount of a grant 
provided under this subsection to an eligible entity may not 
exceed $1,500,000 for the period of the grant. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To receive a grant under subsection (a), 
an eligible entity shall submit an application to the Secretary 
at such time and in such manner as the Secretary may require. 
The application shall contain the information set forth under 
paragraph (2). 
‘‘(2) INFORMATION.—Information in the application of an 
eligible entity for a grant under subsection (a) shall include 
the following: 
‘‘(A) A description of the training and assistance to 
be funded using the grant amount, including how such 
training and assistance will increase the number of 
realtime writers. 
‘‘(B) A description of performance measures to be uti-
lized to evaluate the progress of individuals receiving such 
training and assistance in matters relating to enrollment, 
completion of training, and job placement and retention. 
Grants. 
20 USC 1161s. 
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122 STAT. 3427 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) A description of the manner in which the eligible 
entity will ensure that recipients of scholarships, if any, 
funded by the grant will be employed and retained as 
realtime writers. 
‘‘(D) A description of the manner in which the eligible 
entity intends to continue providing the training and assist-
ance to be funded by the grant after the end of the grant 
period, including any partnerships or arrangements estab-
lished for that purpose. 
‘‘(E) A description of how the eligible entity will work 
with local boards (as defined in section 101 of the Workforce 
Investment Act of 1998 (29 U.S.C. 2801)) to ensure that 
training and assistance to be funded with the grant will 
further local workforce goals, including the creation of edu-
cational opportunities for individuals who are from 
economically disadvantaged backgrounds or are displaced 
workers. 
‘‘(F) Additional information, if any, on the eligibility 
of the eligible entity for priority in the making of grants 
under subsection (a)(3). 
‘‘(G) Such other information as the Secretary may 
require. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) IN GENERAL.—An eligible entity receiving a grant under 
subsection (a) shall use the grant amount for purposes relating 
to the recruitment, training and assistance, and job placement 
of individuals, including individuals who have completed a court 
reporting training program, as realtime writers, including— 
‘‘(A) recruitment; 
‘‘(B) subject to paragraph (2), the provision of scholar-
ships; 
‘‘(C) distance learning; 
‘‘(D) further developing and implementing both English 
and Spanish curricula to more effectively train individuals 
in realtime writing skills, and education in the knowledge 
necessary for the delivery of high quality closed captioning 
services; 
‘‘(E) mentoring students to ensure successful comple-
tion of the realtime training and providing assistance in 
job placement; 
‘‘(F) encouraging individuals with disabilities to pursue 
a career in realtime writing; and 
‘‘(G) the employment and payment of personnel for 
the purposes described in this paragraph. 
‘‘(2) SCHOLARSHIPS.— 
‘‘(A) AMOUNT.—The amount of a scholarship under 
paragraph (1)(B) shall be based on the amount of need 
of the scholarship recipient for financial assistance, as 
determined in accordance with part F of title IV. 
‘‘(B) AGREEMENT.—Each recipient of a scholarship 
under paragraph (1)(B) shall enter into an agreement with 
the school in which the recipient is enrolled to provide 
realtime writing services for the purposes described in sub-
section (a)(1) for a period of time appropriate (as deter-
mined by the Secretary) for the amount of the scholarship 
received. 
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122 STAT. 3428 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(C) COURSEWORK AND EMPLOYMENT.—The Secretary 
shall establish requirements for coursework and employ-
ment for recipients of scholarships under paragraph (1)(B), 
including requirements for repayment of scholarship 
amounts in the event of failure to meet such requirements 
for coursework and employment. The Secretary may waive, 
in whole or in part, the requirements for repayment of 
scholarship amounts on the basis of economic conditions 
which may affect the ability of scholarship recipients to 
find work as realtime writers. 
‘‘(3) ADMINISTRATIVE COSTS.—The recipient of a grant under 
this section may not use more than five percent of the grant 
amount to pay administrative costs associated with activities 
funded by the grant. The Secretary shall use not more than 
five percent of the amount available for grants under this 
section in any fiscal year for administrative costs of the pro-
gram. 
‘‘(4) SUPPLEMENT NOT SUPPLANT.—Grant amounts under 
this section shall supplement and not supplant other Federal 
or non-Federal funds of the grant recipient for purposes of 
promoting the training and placement of individuals as realtime 
writers. 
‘‘(d) REPORT.— 
‘‘(1) IN GENERAL.—Each eligible entity receiving a grant 
under subsection (a) shall submit to the Secretary, at the end 
of the grant period, a report on the activities of such entity 
with respect to the use of grant amounts during the grant 
period. 
‘‘(2) REPORT
INFORMATION.—Each report of an eligible 
entity under paragraph (1) shall include— 
‘‘(A) an assessment by the entity of the effectiveness 
of activities carried out using such funds in increasing 
the number of realtime writers, using the performance 
measures submitted by the eligible entity in the application 
for the grant under subsection (b)(2); and 
‘‘(B) a description of the best practices identified by 
the eligible entity for increasing the number of individuals 
who are trained, employed, and retained in employment 
as realtime writers. 
‘‘(3) SUMMARIES.—The Secretary shall summarize the 
reports submitted under paragraph (2) and make such summary 
available on the Department’s website. 
‘‘(e) 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 five succeeding 
fiscal years. 
‘‘PART T—CENTERS OF EXCELLENCE FOR 
VETERAN STUDENT SUCCESS 
‘‘SEC. 873. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR 
VETERAN STUDENT SUCCESS. 
‘‘(a) PURPOSE.—It is the purpose of this section to encourage 
model programs to support veteran student success in postsecondary 
education by coordinating services to address the academic, finan-
cial, physical, and social needs of veteran students. 
‘‘(b) GRANTS AUTHORIZED.— 
20 USC 1161t. 
Waiver authority. 
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122 STAT. 3429 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions under subsection (f), the Secretary shall award grants 
to institutions of higher education to develop model programs 
to support veteran student success in postsecondary education. 
‘‘(2) GRANT PERIOD.—A grant awarded under this section 
shall be awarded for a period of three years. 
‘‘(c) USE OF GRANTS.— 
‘‘(1) REQUIRED ACTIVITIES.—An institution of higher edu-
cation receiving a grant under this section shall use such grant 
to carry out a model program that includes— 
‘‘(A) establishing a Center of Excellence for Veteran 
Student Success on the campus of the institution to provide 
a single point of contact to coordinate comprehensive sup-
port services for veteran students; 
‘‘(B) establishing a veteran student support team, 
including representatives from the offices of the institution 
responsible for admissions, registration, financial aid, vet-
erans benefits, academic advising, student health, personal 
or mental health counseling, career advising, disabilities 
services, and any other office of the institution that pro-
vides support to veteran students on campus; 
‘‘(C) providing a coordinator whose primary responsi-
bility is to coordinate the model program carried out under 
this section; 
‘‘(D) monitoring the rates of veteran student enroll-
ment, persistence, and completion; and 
‘‘(E) developing a plan to sustain the Center of Excel-
lence for Veteran Student Success after the grant period. 
‘‘(2) OTHER
AUTHORIZED
ACTIVITIES.—An institution of 
higher education receiving a grant under this section may 
use such grant to carry out any of the following activities 
with respect to veteran students: 
‘‘(A) Outreach and recruitment of such students. 
‘‘(B) Supportive instructional services for such stu-
dents, which may include— 
‘‘(i) personal, academic, and career counseling, as 
an ongoing part of the program; 
‘‘(ii) tutoring and academic skill-building instruc-
tion assistance, as needed; and 
‘‘(iii) assistance with special admissions and 
transfer of credit from previous postsecondary edu-
cation or experience. 
‘‘(C) Assistance in obtaining student financial aid. 
‘‘(D) Housing support for veteran students living in 
institutional facilities and commuting veteran students. 
‘‘(E) Cultural events, academic programs, orientation 
programs, and other activities designed to ease the transi-
tion to campus life for veteran students. 
‘‘(F) Support for veteran student organizations and vet-
eran student support groups on campus. 
‘‘(G) Coordination of academic advising and admissions 
counseling with military bases and national guard units 
in the area. 
‘‘(H) Other support services the institution determines 
to be necessary to ensure the success of veterans in 
achieving educational and career goals. 
‘‘(d) APPLICATION; SELECTION.— 
Establishment. 
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122 STAT. 3430 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) APPLICATION.—To be considered for a grant under this 
section, an institution of higher education shall submit to the 
Secretary an application at such time, in such manner, and 
accompanied by such information as the Secretary may require. 
‘‘(2) SELECTION
CONSIDERATIONS.—In awarding grants 
under this section, the Secretary shall consider— 
‘‘(A) the number of veteran students enrolled at an 
institution of higher education; and 
‘‘(B) the need for model programs to address the needs 
of veteran students at a wide range of institutions of higher 
education, including the need to provide— 
‘‘(i) an equitable distribution of such grants to 
institutions of higher education of various types and 
sizes; 
‘‘(ii) an equitable geographic distribution of such 
grants; and 
‘‘(iii) an equitable distribution of such grants 
among rural and urban areas. 
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—The Secretary 
shall develop an evaluation and accountability plan for model pro-
grams funded under this section to objectively measure the impact 
of such programs, including a measure of whether postsecondary 
education enrollment, persistence, and completion for veterans 
increases as a result of such programs. 
‘‘(f) 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 five succeeding 
fiscal years. 
‘‘PART U—UNIVERSITY SUSTAINABILITY 
PROGRAMS 
‘‘SEC. 881. SUSTAINABILITY PLANNING GRANTS AUTHORIZED. 
‘‘(a) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—From the amounts appropriated to carry 
out this section, the Secretary, in consultation with the 
Administrator of the Environmental Protection Agency, shall 
make grants to eligible entities to establish sustainability pro-
grams to design and implement sustainability practices, 
including in the areas of energy management, greenhouse gas 
emissions reductions, green building, waste management, pur-
chasing, transportation, and toxics management, and other 
aspects of sustainability that integrate campus operations with 
multidisciplinary academic programs and are applicable to the 
private and government sectors. 
‘‘(2) PERIOD OF GRANT.—The provision of payments under 
a grant under paragraph (1) shall extend over a period of 
not more than four fiscal years. 
‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—For purposes of this 
part, the term ‘eligible entity’ means— 
‘‘(A) an institution of higher education; or 
‘‘(B) a nonprofit consortium, association, alliance, or 
collaboration operating in partnership with one or more 
institutions of higher education that received funds for 
the implementation of work associated with sustainability 
programs under this part. 
‘‘(b) APPLICATIONS.— 
Grants. 
20 USC 1161u. 
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122 STAT. 3431 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) IN
GENERAL.—To receive a grant under subsection 
(a)(1), an eligible entity shall submit an application to the 
Secretary at such time, in such form, and containing such 
information as the Secretary may reasonably require. 
‘‘(2) ASSURANCES.—Such application shall include assur-
ances that the eligible entity— 
‘‘(A) has developed a plan, including an evaluation 
component, for the program component established pursu-
ant to subsection (c); 
‘‘(B) shall use Federal funds received from a grant 
under subsection (a) to supplement, not supplant, non- 
Federal funds that would otherwise be available for projects 
funded under this section; 
‘‘(C) shall provide, with respect to any fiscal year in 
which such entity receives funds from a grant under sub-
section (a)(1), non-Federal funds or an in-kind contribution 
in an amount equal to 20 percent of funds from such 
grant, for the purpose of carrying out the program compo-
nent established pursuant to subsection (c); and 
‘‘(D) shall collaborate with business, government, and 
the nonprofit sectors in the development and implementa-
tion of its sustainability plan. 
‘‘(c) USE OF FUNDS.— 
‘‘(1) INDIVIDUAL INSTITUTIONS.—Grants made under sub-
section (a) may be used by an eligible entity that is an indi-
vidual institution of higher education for the following purposes: 
‘‘(A) To develop and implement administrative and 
operations practices at an institution of higher education 
that test, model, and analyze principles of sustainability. 
‘‘(B) To establish multidisciplinary education, research, 
and outreach programs at an institution of higher education 
that address the environmental, social, and economic 
dimensions of sustainability. 
‘‘(C) To support research and teaching initiatives that 
focus on multidisciplinary and integrated environmental, 
economic, and social elements. 
‘‘(D) To establish initiatives in the areas of energy 
management, greenhouse gas emissions reductions, green 
building, waste management, purchasing, toxics manage-
ment, transportation, and other aspects of sustainability. 
‘‘(E) To support student, faculty, and staff work at 
an institution of higher education to implement, research, 
and evaluate sustainable practices. 
‘‘(F) To expand sustainability literacy on campus. 
‘‘(G) To integrate sustainability curricula in all pro-
grams of instruction, particularly in business, architecture, 
technology, manufacturing, engineering, and science pro-
grams. 
‘‘(2) PARTNERSHIPS.—Grants made under subsection (a) 
may be used by an eligible entity that is a nonprofit consortium, 
association, alliance, or collaboration operating in partnership 
with one or more institutions of higher education for the fol-
lowing purposes: 
‘‘(A) To conduct faculty, staff and administrator 
training on the subjects of sustainability and institutional 
change. 
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122 STAT. 3432 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) To compile, evaluate, and disseminate best prac-
tices, case studies, guidelines and standards regarding 
sustainability. 
‘‘(C) To conduct efforts to engage external stakeholders 
such as business, alumni, and accrediting agencies in the 
process of building support for research, education, and 
technology development for sustainability. 
‘‘(D) To conduct professional development programs for 
faculty in all disciplines to enable faculty to incorporate 
sustainability content in their courses. 
‘‘(E) To create the analytical tools necessary for institu-
tions of higher education to assess and measure their indi-
vidual progress toward fully sustainable campus operations 
and fully integrating sustainability into the curriculum. 
‘‘(F) To develop educational benchmarks for institutions 
of higher education to determine the necessary rigor and 
effectiveness of academic sustainability programs. 
‘‘(d) REPORTS.—An eligible entity that receives a grant under 
subsection (a) shall submit to the Secretary, for each fiscal year 
in which the entity receives amounts from such grant, a report 
that describes the work conducted pursuant to subsection (c), 
research findings and publications, administrative savings experi-
enced, and an evaluation of the program. 
‘‘(e) ALLOCATION REQUIREMENT.—The Secretary may not make 
grants under subsection (a) to any eligible entity in a total amount 
that is less than $250,000 or more than $2,000,000. 
‘‘(f) 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 five succeeding 
fiscal years. 
‘‘PART V—MODELING AND SIMULATION 
PROGRAMS 
‘‘SEC. 891. MODELING AND SIMULATION. 
‘‘(a) PURPOSE; DEFINITION.— 
‘‘(1) PURPOSE.—The purpose of this section is to promote 
the study of modeling and simulation at institutions of higher 
education, through the collaboration with new and existing 
programs, and specifically to promote the use of technology 
in such study through the creation of accurate models that 
can simulate processes or recreate real life, by— 
‘‘(A) establishing a task force at the Department of 
Education to raise awareness of and define the study of 
modeling and simulation; 
‘‘(B) providing grants to institutions of higher education 
to develop new modeling and simulation degree programs; 
and 
‘‘(C) providing grants for institutions of higher edu-
cation to enhance existing modeling and simulation degree 
programs. 
‘‘(2) DEFINITION.—In this section, the term ‘modeling and 
simulation’ means a field of study related to the application 
of computer science and mathematics to develop a level of 
understanding of the interaction of the parts of a system and 
of a system as a whole. 
‘‘(b) ESTABLISHMENT OF TASK FORCE.— 
20 USC 1161v. 
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122 STAT. 3433 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) IN GENERAL.—Subject to the availability of appropria-
tions, the Secretary shall establish a task force within the 
Department to study modeling and simulation and to support 
the development of the modeling and simulation field. The 
activities of such task force shall include— 
‘‘(A) helping to define the study of modeling and sim-
ulation (including the content of modeling and simulation 
classes and programs); 
‘‘(B) identifying best practices for such study; 
‘‘(C) identifying core knowledge and skills that individ-
uals who participate in modeling and simulation programs 
should acquire; and 
‘‘(D) providing recommendations to the Secretary with 
respect to— 
‘‘(i) the information described in subparagraphs 
(A) through (C); and 
‘‘(ii) a system by which grants under this section 
will be distributed. 
‘‘(2) TASK
FORCE
MEMBERSHIP.—The membership of the 
task force under this subsection shall be composed of represent-
atives from— 
‘‘(A) institutions of higher education with established 
modeling and simulation degree programs; 
‘‘(B) the National Science Foundation; 
‘‘(C) Federal Government agencies that use modeling 
and simulation extensively, including the Department of 
Defense, the National Institutes of Health, the Department 
of Homeland Security, the Department of Health and 
Human Services, the Department of Energy, and the 
Department of Transportation; 
‘‘(D) private industries with a primary focus on mod-
eling and simulation; 
‘‘(E) national modeling and simulation organizations; 
and 
‘‘(F) the Office of Science and Technology Policy. 
‘‘(c) ENHANCING MODELING AND SIMULATION AT INSTITUTIONS 
OF HIGHER EDUCATION.— 
‘‘(1) ENHANCEMENT GRANTS AUTHORIZED.— 
‘‘(A) IN
GENERAL.—The Secretary is authorized to 
award grants, on a competitive basis, to eligible institutions 
to enhance modeling and simulation degree programs at 
such eligible institutions. 
‘‘(B) DURATION
OF
GRANT.—A grant awarded under 
this subsection shall be awarded for a three-year period, 
and such grant period may be extended for not more than 
two years if the Secretary determines that an eligible 
institution has demonstrated success in enhancing the mod-
eling and simulation degree program at such eligible 
institution. 
‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the avail-
ability of appropriations, a grant awarded to an eligible 
institution under this subsection shall not be less than 
$750,000. 
‘‘(D) NON-FEDERAL
SHARE.—Each eligible institution 
receiving a grant under this subsection shall provide, from 
non-Federal sources, in cash or in-kind, an amount equal 
to 25 percent of the amount of the grant to carry out 
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122 STAT. 3434 
PUBLIC LAW 110–315—AUG. 14, 2008 
the activities supported by the grant. The Secretary may 
waive the non-Federal share requirement under this 
subparagraph for an eligible institution if the Secretary 
determines a waiver to be appropriate based on the finan-
cial ability of the institution. 
‘‘(2) ELIGIBLE INSTITUTIONS.—For the purposes of this sub-
section, an eligible institution is an institution of higher edu-
cation that— 
‘‘(A) has an established modeling and simulation degree 
program, including a major, minor, or career-track pro-
gram; or 
‘‘(B) has an established modeling and simulation certifi-
cate or concentration program. 
‘‘(3) APPLICATION.—To be considered for a grant under this 
subsection, an eligible institution shall submit to the Secretary 
an application at such time, in such manner, and containing 
such information as the Secretary may require. Such applica-
tion shall include— 
‘‘(A) a letter from the president or provost of the eligible 
institution that demonstrates the institution’s commitment 
to the enhancement of the modeling and simulation pro-
gram at the institution of higher education; 
‘‘(B) an identification of designated faculty responsible 
for the enhancement of the institution’s modeling and sim-
ulation program; and 
‘‘(C) a detailed plan for how the grant funds will be 
used to enhance the modeling and simulation program 
of the institution. 
‘‘(4) USES OF FUNDS.—A grant awarded under this sub-
section shall be used by an eligible institution to carry out 
the plan developed in accordance with paragraph (3)(C) to 
enhance modeling and simulation programs at the institution, 
which may include— 
‘‘(A) in the case of an institution that is eligible under 
paragraph (2)(B), activities to assist in the establishment 
of a major, minor, or career-track modeling and simulation 
program at the eligible institution; 
‘‘(B) expanding the multidisciplinary nature of the 
institution’s modeling and simulation programs; 
‘‘(C) recruiting students into the field of modeling and 
simulation through the provision of fellowships or 
assistantships; 
‘‘(D) creating new courses to complement existing 
courses and reflect emerging developments in the modeling 
and simulation field; 
‘‘(E) conducting research to support new methodologies 
and techniques in modeling and simulation; and 
‘‘(F) purchasing equipment necessary for modeling and 
simulation programs. 
‘‘(d) ESTABLISHING MODELING AND SIMULATION PROGRAMS.— 
‘‘(1) ESTABLISHMENT GRANTS AUTHORIZED.— 
‘‘(A) IN
GENERAL.—The Secretary is authorized to 
award grants to institutions of higher education to establish 
a modeling and simulation program, including a major, 
minor, career-track, certificate, or concentration program. 
‘‘(B) DURATION
OF
GRANT.—A grant awarded under 
this subsection shall be awarded for a three-year period, 
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122 STAT. 3435 
PUBLIC LAW 110–315—AUG. 14, 2008 
and such grant period may be extended for not more than 
two years if the Secretary determines that an eligible 
institution has demonstrated success in establishing a mod-
eling and simulation degree program at such eligible 
institution. 
‘‘(C) MINIMUM GRANT AMOUNT.—Subject to the avail-
ability of appropriations, a grant awarded to an eligible 
institution under this subsection shall not be less than 
$750,000. 
‘‘(D) NON-FEDERAL
SHARE.—Each eligible institution 
receiving a grant under this subsection shall provide, from 
non-Federal sources, in cash or in-kind, an amount equal 
to 25 percent of the amount of the grant to carry out 
the activities supported by the grant. The Secretary may 
waive the non-Federal share requirement under this 
subparagraph for an eligible institution if the Secretary 
determines a waiver to be appropriate based on the finan-
cial ability of the institution. 
‘‘(2) APPLICATION.—To apply for a grant under this sub-
section, an eligible institution shall submit to the Secretary 
an application at such time, in such manner, and containing 
such information as the Secretary may require. Such applica-
tion shall include— 
‘‘(A) a letter from the president or provost of the eligible 
institution that demonstrates the institution’s commitment 
to the establishment of a modeling and simulation program 
at the institution of higher education; 
‘‘(B) a detailed plan for how the grant funds will be 
used to establish a modeling and simulation program at 
the institution; and 
‘‘(C) a description of how the modeling and simulation 
program established under this subsection will complement 
existing programs and fit into the institution’s current pro-
gram and course offerings. 
‘‘(3) USES OF FUNDS.—A grant awarded under this sub-
section may be used by an eligible institution to— 
‘‘(A) establish, or work toward the establishment of, 
a modeling and simulation program, including a major, 
minor, career-track, certificate, or concentration program 
at the eligible institution; 
‘‘(B) provide adequate staffing to ensure the successful 
establishment of the modeling and simulation program, 
which may include the assignment of full-time dedicated 
or supportive faculty; and 
‘‘(C) purchase equipment necessary for a modeling and 
simulation program. 
‘‘(e) 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 five succeeding 
fiscal years. Of the amounts authorized to be appropriated for 
each fiscal year— 
‘‘(1) $1,000,000 is authorized to carry out the activities 
of the task force established pursuant to subsection (b); and 
‘‘(2) of the amount remaining after the allocation for para-
graph (1)— 
‘‘(A) 50 percent is authorized to carry out the grant 
program under subsection (c); and 
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122 STAT. 3436 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) 50 percent is authorized to carry out the grant 
program under subsection (d). 
‘‘PART W—PATH TO SUCCESS 
‘‘SEC. 892. PATH TO SUCCESS. 
‘‘(a) PURPOSE.—The purpose of this section is to encourage 
community supported programs that— 
‘‘(1) leverage and enhance community support for at-risk 
young adults by facilitating the transition of such young adults 
who are eligible individuals into productive learning environ-
ments where such young adults can obtain the life, social, 
academic, career, and technical skills and credentials necessary 
to strengthen the Nation’s workforce; 
‘‘(2) provide counseling, as appropriate, for eligible individ-
uals participating in the programs to allow the eligible individ-
uals to build a relationship with one or more guidance coun-
selors during the period that the individuals are enrolled in 
the programs, including providing referrals and connections 
to community resources that help eligible individuals transition 
back into the community with the necessary life, social, aca-
demic, career, and technical skills after being in detention, 
or incarcerated, particularly resources related to health, 
housing, job training, and workplace readiness; 
‘‘(3) provide training and education for eligible individuals 
participating in the programs, to allow such individuals to 
assist community officials and law enforcement agencies with 
the deterrence and prevention of gang and youth violence by 
participating in seminars, training, and workshops throughout 
the community; and 
‘‘(4) provide each eligible individual participating in the 
programs with individual attention based on a curriculum that 
matches the interests and abilities of the individual to the 
resources of the program. 
‘‘(b) REENTRY EDUCATION PROGRAM.— 
‘‘(1) GRANT
PROGRAM
ESTABLISHED.—From the amounts 
appropriated under subsection (g), the Secretary is authorized 
to award grants to community colleges to enter into and main-
tain partnerships with juvenile detention centers and secure 
juvenile justice residential facilities to provide assistance, serv-
ices, and education to eligible individuals who reenter the 
community and pursue, in accordance with the requirements 
of this section, at least one of the following: 
‘‘(A) A certificate of completion for a specialized area 
of study, such as career and technical training and other 
alternative postsecondary educational programs. 
‘‘(B) An associate’s degree. 
‘‘(2) GRANT PERIOD.—A grant awarded under this part shall 
be for one four-year period, and may be renewed for an addi-
tional period as the Secretary determines to be appropriate. 
‘‘(3) APPLICATION.—A community college desiring to receive 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary shall require. Such application 
shall include— 
‘‘(A) an assessment of the existing community resources 
available to serve at-risk youth; 
20 USC 1161w. 
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122 STAT. 3437 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) a detailed description of the program and activities 
the community college will carry out with such grant; and 
‘‘(C) a proposed budget describing how the community 
college will use the funds made available by such grant. 
‘‘(4) PRIORITY.—In awarding grants under this part, the 
Secretary shall give priority to community colleges that propose 
to serve the highest number of priority individuals, and, among 
such community colleges, shall give priority to community col-
leges that the Secretary determines will best carry out the 
purposes of this part, based on the applications submitted 
in accordance with paragraph (3). 
‘‘(c) ALLOWABLE
USES
OF
FUNDS.—A community college 
awarded a grant under this part may use such grant to— 
‘‘(1) pay for tuition and transportation costs of eligible 
individuals; 
‘‘(2) establish and carry out an education program that 
includes classes for eligible individuals that— 
‘‘(A) provide marketable life and social skills to such 
individuals; 
‘‘(B) meet the education program requirements under 
subsection (d), including as appropriate, courses necessary 
for the completion of a secondary school diploma or the 
recognized equivalent; 
‘‘(C) promote the civic engagement of such individuals; 
and 
‘‘(D) facilitate a smooth reentry of such individuals 
into the community; 
‘‘(3) create and carry out a mentoring program that is— 
‘‘(A) specifically designed to help eligible individuals 
with the potential challenges of the transitional period 
from detention to release; 
‘‘(B) created in consultation with guidance counselors, 
academic advisors, law enforcement officials, and other 
community resources; and 
‘‘(C) administered by a program coordinator, selected 
and employed by the community college, who shall oversee 
each individual’s development and shall serve as the imme-
diate supervisor and reporting officer to whom the academic 
advisors, guidance counselors, and volunteers shall report 
regarding the progress of each such individual; 
‘‘(4) facilitate employment opportunities for eligible individ-
uals by entering into partnerships with public and private 
entities to provide opportunities for internships, apprentice-
ships, and permanent employment, as possible, for such individ-
uals; and 
‘‘(5) provide training for eligible individuals participating 
in the programs, to allow such individuals to assist community 
officials and law enforcement agencies with the deterrence and 
prevention of gang and youth violence by participating in semi-
nars and workshop series throughout the community. 
‘‘(d) EDUCATION PROGRAM REQUIREMENTS.—An education pro-
gram established and carried out under subsection (c) shall— 
‘‘(1) include classes that are required for completion of 
a certificate, diploma, or degree described in subparagraph 
(A) or (B) of subsection (b)(1), including as appropriate courses 
necessary for the completion of a secondary school diploma 
or the recognized equivalent; 
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122 STAT. 3438 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) provide a variety of academic programs, with various 
completion requirements, to accommodate the diverse academic 
backgrounds, learning styles, and academic and career interests 
of the eligible individuals who participate in the education 
program; 
‘‘(3) offer flexible academic programs that are designed 
to improve the academic development and achievement of 
eligible individuals, and to avoid high attrition rates for such 
individuals; and 
‘‘(4) provide for a uniquely designed education plan for 
each eligible individual participating in the program, which 
shall require such individual to receive, at a minimum, a certifi-
cate or degree described in subparagraph (A) or (B) of sub-
section (b)(1) to successfully complete such program. 
‘‘(e) REPORTS.—Each community college awarded a grant under 
this part shall submit to the Secretary a report— 
‘‘(1) documenting the results of the program carried out 
with such grant; and 
‘‘(2) evaluating the effectiveness of activities carried out 
through such program. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COMMUNITY COLLEGE.—The term ‘community college’ 
has the meaning given the term ‘junior or community college’ 
in section 312(f). 
‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligible individual’ 
means an individual who— 
‘‘(A) is 16 to 25 years of age (inclusive); and 
‘‘(B)(i) has been convicted of a criminal offense; and 
‘‘(ii) is detained in, or has been released from, a juvenile 
detention center or secure juvenile justice residential 
facility. 
‘‘(3) GANG-RELATED OFFENSE.— 
‘‘(A) IN
GENERAL.—The term ‘gang-related offense’ 
means an offense that involves the circumstances described 
in subparagraph (B) and that is— 
‘‘(i) a Federal or State felony involving a controlled 
substance (as defined in section 102 of the Controlled 
Substances Act (21 U.S.C. 802)) for which the max-
imum penalty is not less than five years; 
‘‘(ii) a Federal or State crime of violence that has 
as an element the use or attempted use of physical 
force against the person of another for which the max-
imum penalty is not less than six months; or 
‘‘(iii) a conspiracy to commit an offense described 
in clause (i) or (ii). 
‘‘(B) CIRCUMSTANCES.—The circumstances described in 
this subparagraph are that the offense described in 
subparagraph (A) was committed by a person who— 
‘‘(i) participates in a criminal street gang (as 
defined in section 521(a) of title 18, United States 
Code) with knowledge that such gang’s members 
engage in or have engaged in a continuing series of 
offenses described in subparagraph (A); and 
‘‘(ii) intends to promote or further the felonious 
activities of the criminal street gang or maintain or 
increase the person’s position in the gang. 
Records. 
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122 STAT. 3439 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(4) PRIORITY INDIVIDUAL.—The term ‘priority individual’ 
means an individual who— 
‘‘(A) is an eligible individual; 
‘‘(B) has been convicted of a gang-related offense; and 
‘‘(C) has served or is serving a period of detention 
in a juvenile detention center or secure juvenile justice 
residential facility for such offense. 
‘‘(5) GUIDANCE COUNSELOR.—The term ‘guidance counselor’ 
means an individual who works with at-risk youth on a one- 
on-one basis, to establish a supportive relationship with such 
at-risk youth and to provide such at-risk youth with academic 
assistance and exposure to new experiences that enhance their 
ability to become responsible citizens. 
‘‘(g) 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 five succeeding 
fiscal years. 
‘‘PART X—SCHOOL OF VETERINARY MEDICINE 
COMPETITIVE GRANT PROGRAM 
‘‘SEC. 893. SCHOOL OF VETERINARY MEDICINE COMPETITIVE GRANT 
PROGRAM. 
‘‘(a) IN GENERAL.—From the amounts appropriated under sub-
section (g), the Secretary of Health and Human Services shall 
award competitive grants to eligible entities for the purpose of 
improving public health preparedness through increasing the 
number of veterinarians in the workforce. 
‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant under 
subsection (a), an entity shall— 
‘‘(1) be— 
‘‘(A) a public or other nonprofit school of veterinary 
medicine that is accredited by a nationally recognized 
accrediting agency or association recognized by the Sec-
retary of Education pursuant to part H of title IV; 
‘‘(B) a public or nonprofit, department of comparative 
medicine, department of veterinary science, school of public 
health, or school of medicine that is accredited by a nation-
ally recognized accrediting agency or association recognized 
by the Secretary of Education pursuant to part H of title 
IV and that offers graduate training for veterinarians in 
a public health practice area as determined by the Sec-
retary of Health and Human Services; or 
‘‘(C) a public or nonprofit entity that— 
‘‘(i) conducts recognized residency training pro-
grams for veterinarians that are approved by a veteri-
nary specialty organization that is recognized by the 
American Veterinary Medical Association; and 
‘‘(ii) offers postgraduate training for veterinarians 
in a public health practice area as determined by the 
Secretary of Health and Human Services; and 
‘‘(2) prepare and submit to the Secretary of Health and 
Human Services an application, at such time, in such manner, 
and containing such information as the Secretary of Health 
and Human Services may require. 
‘‘(c) CONSIDERATION OF APPLICATIONS.—The Secretary of Health 
and Human Services shall establish procedures to ensure that 
Procedures. 
Applications. 
Public welfare. 
20 USC 1161x. 
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122 STAT. 3440 
PUBLIC LAW 110–315—AUG. 14, 2008 
applications under subsection (b)(2) are rigorously reviewed and 
that grants are competitively awarded based on— 
‘‘(1) the ability of the applicant to increase the number 
of veterinarians who are trained in specified public health 
practice areas as determined by the Secretary of Health and 
Human Services; 
‘‘(2) the ability of the applicant to increase capacity in 
research on high priority disease agents; or 
‘‘(3) any other consideration the Secretary of Health and 
Human Services determines necessary. 
‘‘(d) PREFERENCE.—In awarding grants under subsection (a), 
the Secretary of Health and Human Services shall give preference 
to applicants that demonstrate a comprehensive approach by 
involving more than one school of veterinary medicine, department 
of comparative medicine, department of veterinary science, school 
of public health, school of medicine, or residency training program 
that offers postgraduate training for veterinarians in a public health 
practice area as determined by the Secretary of Health and Human 
Services. 
‘‘(e) USE OF FUNDS.—Amounts received under a grant under 
this section shall be used by a grantee to increase the number 
of veterinarians in the workforce through paying costs associated 
with the expansion of academic programs at schools of veterinary 
medicine, departments of comparative medicine, departments of 
veterinary science, or entities offering residency training programs, 
or academic programs that offer postgraduate training for veterinar-
ians or concurrent training for veterinary students in specific areas 
of specialization, which costs may include minor renovation and 
improvement in classrooms, libraries, and laboratories. 
‘‘(f) DEFINITION OF PUBLIC HEALTH PRACTICE AREA.—In this 
section, the term ‘public health practice area’ includes the areas 
of bioterrorism and emergency preparedness, environmental health, 
food safety and food security, regulatory medicine, diagnostic labora-
tory medicine, and biomedical research. 
‘‘(g) 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 five succeeding 
fiscal years. Amounts appropriated under this subsection shall 
remain available until expended. 
‘‘PART Y—EARLY FEDERAL PELL GRANT 
COMMITMENT DEMONSTRATION PROGRAM 
‘‘SEC. 894. EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRA-
TION PROGRAM. 
‘‘(a) DEMONSTRATION PROGRAM AUTHORITY.— 
‘‘(1) IN
GENERAL.—The Secretary is authorized to carry 
out an Early Federal Pell Grant Commitment Demonstration 
Program under which— 
‘‘(A) the Secretary awards grants to four State edu-
cational agencies, in accordance with paragraph (2), to 
pay the administrative expenses incurred in participating 
in the demonstration program under this section; and 
‘‘(B) the Secretary awards Federal Pell Grants to 
participating students in accordance with this section and 
consistent with section 401. 
‘‘(2) GRANTS.— 
20 USC 1161y. 
Disadvantaged 
persons. 
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122 STAT. 3441 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) IN GENERAL.—From amounts appropriated under 
subsection (h) for a fiscal year, the Secretary is authorized 
to award grants to four State educational agencies to enable 
the State educational agencies to pay the administrative 
expenses incurred in participating in the demonstration 
program under this section by carrying out a demonstration 
project under which eighth grade students described in 
subsection (b)(1)(B) receive a commitment early in the stu-
dents’ academic careers to receive a Federal Pell Grant. 
‘‘(B) EQUAL
AMOUNTS.—The Secretary shall award 
grants under this section in equal amounts to each of 
the four participating State educational agencies. 
‘‘(b) DEMONSTRATION PROJECT REQUIREMENTS.—Each of the 
four demonstration projects assisted under this section shall meet 
the following requirements: 
‘‘(1) PARTICIPANTS.— 
‘‘(A) IN GENERAL.—The State educational agency shall 
make participation in the demonstration project available 
to two cohorts of students, which shall consist of— 
‘‘(i) one cohort of eighth grade students who begin 
participating in the first academic year for which funds 
have been appropriated to carry out this section; and 
‘‘(ii) one cohort of eighth grade students who begin 
participating in the academic year succeeding the aca-
demic year described in clause (i). 
‘‘(B) STUDENTS IN EACH COHORT.—Each cohort of stu-
dents shall consist of not more than 10,000 eighth grade 
students who qualify for a free or reduced price school 
lunch under the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act 
of 1966 (42 U.S.C. 1771 et seq.). 
‘‘(2) STUDENT DATA.—The State educational agency shall 
ensure that student data from local educational agencies 
serving students who participate in the demonstration project, 
as well as student data from local educational agencies serving 
a comparable group of students who do not participate in the 
demonstration project, are available for evaluation of the dem-
onstration project, and are made available in accordance with 
the requirements of section 444 of the General Education Provi-
sions Act (the Family Educational Rights and Privacy Act of 
1974). 
‘‘(3) FEDERAL PELL GRANT COMMITMENT.—Each student who 
participates in the demonstration project receives a commit-
ment from the Secretary to receive a Federal Pell Grant during 
the first academic year that the student is in attendance at 
an institution of higher education as an undergraduate, pro-
vided that the student applies for Federal financial aid (via 
the FAFSA or EZ FAFSA) for such academic year. 
‘‘(4) APPLICATION PROCESS.—Each State educational agency 
shall establish an application process to select local educational 
agencies within the State to participate in the demonstration 
project in accordance with subsection (d)(2). 
‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPATION.—Subject 
to the 10,000 statewide student limitation described in para-
graph (1), a local educational agency serving students, not 
less than 50 percent of whom are eligible for a free or reduced 
price school lunch under the Richard B. Russell National School 
State and local 
governments. 
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122 STAT. 3442 
PUBLIC LAW 110–315—AUG. 14, 2008 
Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.), shall be eligible to partici-
pate in the demonstration project. 
‘‘(c) STATE EDUCATIONAL AGENCY APPLICATIONS.— 
‘‘(1) IN GENERAL.—Each State educational agency desiring 
to participate in the demonstration program under this section 
shall submit an application to the Secretary at such time and 
in such manner as the Secretary may require. 
‘‘(2) CONTENTS.—Each application shall include— 
‘‘(A) a description of the proposed targeted information 
campaign for the demonstration project and a copy of the 
plan described in subsection (f)(2); 
‘‘(B) a description of the student population that will 
receive an early commitment to receive a Federal Pell 
Grant under this section; 
‘‘(C) an assurance that the State educational agency 
will fully cooperate with the ongoing evaluation of the 
demonstration project; and 
‘‘(D) such other information as the Secretary may 
require. 
‘‘(d) SELECTION CONSIDERATIONS.— 
‘‘(1) SELECTION
OF
STATE
EDUCATIONAL
AGENCIES.—In 
selecting State educational agencies to participate in the dem-
onstration program under this section, the Secretary shall con-
sider— 
‘‘(A) the number and quality of State educational 
agency applications received; 
‘‘(B) a State educational agency’s— 
‘‘(i) financial responsibility; 
‘‘(ii) administrative capability; 
‘‘(iii) commitment to focusing resources, in addition 
to any resources provided on students who receive 
assistance under part A of title I of the Elementary 
and Secondary Education Act of 1965; 
‘‘(iv) ability and plans to run an effective and thor-
ough targeted information campaign for students 
served by local educational agencies eligible to partici-
pate in the demonstration project; and 
‘‘(v) ability to ensure the participation in the dem-
onstration project of a diverse group of students, 
including with respect to ethnicity and gender. 
‘‘(2) LOCAL EDUCATIONAL AGENCY.—In selecting local edu-
cational agencies to participate in a demonstration project 
under this section, the State educational agency shall con-
sider— 
‘‘(A) the number and quality of local educational agency 
applications received; 
‘‘(B) a local educational agency’s— 
‘‘(i) financial responsibility; 
‘‘(ii) administrative capability; 
‘‘(iii) commitment to focusing resources on students 
who receive assistance under part A of title I of the 
Elementary and Secondary Education Act of 1965; 
‘‘(iv) ability and plans to run an effective and thor-
ough targeted information campaign for students 
served by the local educational agency; and 
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122 STAT. 3443 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(v) ability to ensure the participation in the dem-
onstration project of a diverse group of students. 
‘‘(e) EVALUATION.— 
‘‘(1) IN GENERAL.—From amounts appropriated under sub-
section (h) for a fiscal year, the Secretary shall reserve not 
more than $1,000,000 to award a grant or contract to an 
organization outside the Department for an independent 
evaluation of the impact of the demonstration program assisted 
under this section. 
‘‘(2) COMPETITIVE BASIS.—The grant or contract shall be 
awarded on a competitive basis. 
‘‘(3) MATTERS EVALUATED.—The evaluation described in this 
subsection shall— 
‘‘(A) determine the number of students who were 
encouraged by the demonstration program to pursue higher 
education; 
‘‘(B) identify the barriers to the effectiveness of the 
demonstration program; 
‘‘(C) assess the cost-effectiveness of the demonstration 
program in improving access to higher education; 
‘‘(D) identify the reasons why participants in the dem-
onstration program either received or did not receive a 
Federal Pell Grant; 
‘‘(E) identify intermediate outcomes related to postsec-
ondary education attendance, such as whether partici-
pants— 
‘‘(i) were more likely to take a college-preparatory 
curriculum while in secondary school; 
‘‘(ii) submitted any applications to institutions of 
higher education; and 
‘‘(iii) took the PSAT, SAT, or ACT; 
‘‘(F) identify the number of students participating in 
the demonstration program who pursued an associate’s 
degree or a bachelor’s degree, or other postsecondary edu-
cation; 
‘‘(G) compare the findings of the demonstration pro-
gram with respect to participants to comparison groups 
(of similar size and demographics) that did not participate 
in the demonstration program; and 
‘‘(H) identify the impact of the demonstration program 
on the parents of students eligible to participate in the 
program. 
‘‘(4) DISSEMINATION.—The findings of the evaluation shall 
be reported to the Secretary, who shall widely disseminate 
the findings to the public. 
‘‘(f) TARGETED INFORMATION CAMPAIGN.— 
‘‘(1) IN GENERAL.—Each State educational agency receiving 
a grant under this section shall, in cooperation with the partici-
pating local educational agencies within the State and the 
Secretary, develop a targeted information campaign for the 
demonstration project assisted under this section. 
‘‘(2) PLAN.—Each State educational agency receiving a 
grant under this section shall include in the application sub-
mitted under subsection (c) a written plan for the State edu-
cational agency proposed targeted information campaign. The 
plan shall include the following: 
Reports. 
Contracts. 
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122 STAT. 3444 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(A) OUTREACH.—A description of the outreach to stu-
dents and the students’ families at the beginning and end 
of each academic year of the demonstration project, at 
a minimum. 
‘‘(B) DISTRIBUTION.—A description of how the State 
educational agency plans to provide the outreach described 
in subparagraph (A) and to provide the information 
described in subparagraph (C). 
‘‘(C) INFORMATION.—The annual provision by the State 
educational agency to all students and families partici-
pating in the demonstration project of information 
regarding— 
‘‘(i) the estimated statewide average cost of attend-
ance for an institution of higher education for each 
academic year, which cost data shall be disaggregated 
by— 
‘‘(I) type of institution, including— 
‘‘(aa) 
two-year 
public 
degree-granting 
institutions of higher education; 
‘‘(bb) four-year public degree-granting 
institutions of higher education; and 
‘‘(cc) four-year private degree-granting 
institutions of higher education; 
‘‘(II) component, including— 
‘‘(aa) tuition and fees; and 
‘‘(bb) room and board; 
‘‘(ii) Federal Pell Grants, including— 
‘‘(I) the maximum Federal Pell Grant for each 
award year; 
‘‘(II) when and how to apply for a Federal 
Pell Grant; and 
‘‘(III) what the application process for a Fed-
eral Pell Grant requires; 
‘‘(iii) 
State-specific 
postsecondary 
education 
savings programs; 
‘‘(iv) State merit-based financial aid; 
‘‘(v) State need-based financial aid; and 
‘‘(vi) Federal financial aid available to students, 
including eligibility criteria for such aid and an expla-
nation of the Federal financial aid programs under 
title IV, such as the Student Guide published by the 
Department (or any successor to such document). 
‘‘(3) COHORTS.—The information described in paragraph 
(2)(C) shall be provided annually to the two successive cohorts 
of students described in subsection (b)(1)(A) for the duration 
of the students’ participation in the demonstration project. 
‘‘(4) 
RESERVATION.—Each 
State 
educational 
agency 
receiving a grant under this section shall reserve not more 
than 15 percent of the grant funds received each fiscal year 
to carry out the targeted information campaign described in 
this subsection. 
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State educational agency 
shall use grant funds received under this section only to supplement 
the funds that would, in the absence of such grant funds, be 
made available from non-Federal sources for students participating 
in the demonstration project under this section, and not to supplant 
such funds. 
Deadline. 
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122 STAT. 3445 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(h) 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 five succeeding 
fiscal years. 
‘‘PART Z—HENRY KUUALOHA GIUGNI KUPUNA 
MEMORIAL ARCHIVES 
‘‘SEC. 895. HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES. 
‘‘(a) GRANTS AUTHORIZED.—From the amounts appropriated 
under subsection (c), the Secretary is authorized to award a grant 
to the University of Hawaii Academy for Creative Media for the 
establishment, maintenance, and periodic modernization of the 
Henry Kuualoha Giugni Kupuna Memorial Archives at the Univer-
sity of Hawaii. 
‘‘(b) USE
OF FUNDS.—The Henry Kuualoha Giugni Kupuna 
Memorial Archives shall use the grant funds received under this 
section— 
‘‘(1) to facilitate the acquisition of a secure web-accessible 
repository of Native Hawaiian historical data rich in ethnic 
and cultural significance to the United States for preservation 
and access by future generations; 
‘‘(2) to award scholarships to facilitate access to postsec-
ondary education for students who cannot afford such edu-
cation; 
‘‘(3) to support programmatic efforts associated with the 
web-based media projects of the archives; 
‘‘(4) to create educational materials, from the contents of 
the archives, that are applicable to a broad range of indigenous 
students, such as Native Hawaiians, Alaskan Natives, and 
Native American Indians; 
‘‘(5) to develop outreach initiatives that introduce the 
archival collections to elementary schools and secondary 
schools; 
‘‘(6) to develop supplemental web-based resources that 
define terms and cultural practices innate to Native Hawaiians; 
‘‘(7) to rent, lease, purchase, maintain, or repair educational 
facilities to house the archival collections; 
‘‘(8) to rent, lease, purchase, maintain, or repair computer 
equipment for use by elementary schools and secondary schools 
in accessing the archival collections; 
‘‘(9) to provide preservice and in-service teacher training 
to develop a core group of kindergarten through grade 12 
teachers who are able to provide instruction in a way that 
is relevant to the unique background of indigenous students, 
such as Native Hawaiians, Alaskan Natives, and Native Amer-
ican Indians, in order to— 
‘‘(A) facilitate greater understanding by teachers of 
the unique background of indigenous students; and 
‘‘(B) improve student achievement; and 
‘‘(10) to increase the economic and financial literacy of 
postsecondary education students through the dissemination 
of best practices used at other institutions of higher education 
regarding debt and credit management and economic decision-
making. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
Native 
Hawaiians. 
Alaska 
Natives. 
Native 
Americans. 
20 USC 1161z. 
Hawaii. 
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122 STAT. 3446 
PUBLIC LAW 110–315—AUG. 14, 2008 
be necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
‘‘PART AA—MASTERS AND 
POSTBACCALAUREATE PROGRAMS 
‘‘SEC. 897. MASTERS DEGREE PROGRAMS. 
‘‘In addition to any amounts appropriated under section 725, 
there are authorized to be appropriated, and there are appropriated, 
out of any funds in the Treasury not otherwise appropriated, 
$11,500,000 for fiscal year 2009 and for each of the five succeeding 
fiscal years to carry out subpart 4 of part A of title VII in order 
to provide grants under sections 723 and 724, in the minimum 
amount authorized under such sections, to all institutions eligible 
for grants under such sections. 
‘‘SEC. 898. POSTBACCALAUREATE PROGRAMS. 
‘‘In addition to any amounts appropriated under part B of 
title V, there are authorized to be appropriated, and there are 
appropriated, out of any funds in the Treasury not otherwise appro-
priated, $11,500,000 for fiscal year 2009 and for each of the five 
succeeding fiscal years to carry out part B of title V.’’. 
SEC. 802. NATIONAL CENTER FOR RESEARCH IN ADVANCED INFORMA-
TION AND DIGITAL TECHNOLOGIES. 
(a) ESTABLISHMENT.—There shall be established, during the 
first fiscal year for which appropriations are made available under 
subsection (c), a nonprofit corporation to be known as the National 
Center for Research in Advanced Information and Digital Tech-
nologies, which shall not be an agency or establishment of the 
Federal Government. The Center shall be subject to the provisions 
of this section, and, to the extent consistent with this section, 
to the District of Columbia Nonprofit Corporation Act (sec. 29– 
501 et seq., D.C. Official Code). 
(b) PURPOSE.—The purpose of the Center shall be to support 
a comprehensive research and development program to harness 
the increasing capacity of advanced information and digital tech-
nologies to improve all levels of learning and education, formal 
and informal, in order to provide Americans with the knowledge 
and skills needed to compete in the global economy. 
(c) FUNDING.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Center such sums as may be 
necessary for fiscal year 2009 and each of the five succeeding 
fiscal years. 
(2) ADDITIONAL FUNDS.—The Center is authorized— 
(A) to accept funds from any Federal agency or entity; 
(B) to accept, hold, administer, and spend any gift, 
devise, or bequest of real or personal property made to 
the Center; and 
(C) to enter into competitive contracts with individuals, 
public or private organizations, professional societies, and 
government agencies for the purpose of carrying out the 
functions of the Center. 
(3) PROHIBITION.—The Center shall not accept gifts, 
devises, or bequests from a foreign government or foreign 
source. 
20 USC 9631. 
Appropriations 
authorization. 
20 USC 
1161aa–1. 
Appropriations 
authorization. 
20 USC 1161aa. 
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122 STAT. 3447 
PUBLIC LAW 110–315—AUG. 14, 2008 
(d) BOARD OF DIRECTORS; VACANCIES; COMPENSATION.— 
(1) IN GENERAL.—A Board of the Center shall be established 
to oversee the administration of the Center. 
(2) INITIAL COMPOSITION.—The initial Board shall consist 
of nine members to be appointed by the Secretary of Education 
from recommendations received from the Speaker of the House 
of Representatives, the Minority Leader of the House of Rep-
resentatives, the majority leader of the Senate, and the minority 
leader of the Senate, who— 
(A) reflect representation from the public and private 
sectors; 
(B) shall provide, as nearly as practicable, a broad 
representation of various regions of the United States, var-
ious professions and occupations, and various kinds of 
talent and experience appropriate to the functions and 
responsibilities of the Center; 
(C) shall not be in a position to benefit financially 
directly from the contracts and grants to eligible institu-
tions under subsection (f)(2); and 
(D) may not be officers or employees of the Federal 
Government or a Members of Congress serving at the time 
of such appointment. 
(3) VACANCIES AND SUBSEQUENT APPOINTMENTS.—To the 
extent not inconsistent with paragraph (2), in the case of a 
vacancy on the Board due to death, resignation, or removal, 
the vacancy shall be filled through nomination and selection 
by the sitting members of the Board after— 
(A) taking into consideration the composition of the 
Board; and 
(B) soliciting recommendations from the public. 
(4) COMPENSATION.—Members of the Board shall serve 
without compensation but may be reimbursed for reasonable 
expenses for transportation, lodging, and other expenses 
directly related to their duties as members of the Board. 
(5) ORGANIZATION AND OPERATION.—The Board shall incor-
porate and operate the Center in accordance with the laws 
governing tax exempt organizations in the District of Columbia. 
(e) DIRECTOR AND STAFF.— 
(1) DIRECTOR.—The Board shall appoint a Director of the 
Center after conducting a national, competitive search to find 
an individual with the appropriate expertise, experience, and 
knowledge to oversee the operations of the Center. 
(2) STAFF.—In accordance with procedures established by 
the Board, the Director shall employ individuals to carry out 
the functions of the Center. 
(3) COMPENSATION.—In no case shall the Director or any 
employee of the Center receive annual compensation that 
exceeds an amount equal to the annual rate payable for level 
II of the Executive Schedule under section 5313 of title 5, 
United States Code. 
(f) CENTER ACTIVITIES.— 
(1) USES OF FUNDS.—The Director, after consultation with 
the Board, shall use the funds made available to the Center— 
(A) to support research to improve education, teaching, 
and learning that is in the public interest, but that is 
determined unlikely to be undertaken entirely with private 
funds; 
Appointments. 
District of 
Columbia. 
Taxes. 
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122 STAT. 3448 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) to support— 
(i) precompetitive research, development, and dem-
onstrations; 
(ii) assessments of prototypes of innovative digital 
learning and information technologies, as well as the 
components and tools needed to create such tech-
nologies; and 
(iii) pilot testing and evaluation of prototype sys-
tems described in clause (ii); and 
(C) to encourage the widespread adoption and use of 
effective, innovative digital approaches to improving edu-
cation, teaching, and learning. 
(2) CONTRACTS AND GRANTS.— 
(A) IN GENERAL.—To carry out the activities described 
in paragraph (1), the Director, with the agreement of two- 
thirds of the members of the Board, may award, on a 
competitive basis, contracts and grants to four-year institu-
tions of higher education, museums, libraries, nonprofit 
organizations, public institutions with or without for-profit 
partners, for-profit organizations, and consortia of any such 
entities. 
(B) PUBLIC DOMAIN.— 
(i) IN GENERAL.—The research and development 
properties and materials associated with any project 
funded by a grant or contract under this section shall 
be freely and nonexclusively available to the general 
public in a timely manner, consistent with regulations 
prescribed by the Secretary of Education. 
(ii) EXEMPTION.—The Director may waive the 
requirements of clause (i) with respect to a project 
funded by a grant or contract under this section if— 
(I) the Director and the Board (by a unanimous 
vote of the Board members) determine that the 
general public will benefit significantly due to the 
project not being freely and nonexclusively avail-
able to the general public in a timely manner; 
and 
(II) the Board issues a public statement as 
to the specific reasons of the determination under 
subclause (I). 
(C) PEER REVIEW.—Proposals for grants or contracts 
shall be evaluated on the basis of comparative merit by 
panels of experts who represent diverse interests and 
perspectives, and who are appointed by the Director based 
on recommendations from the fields served and from the 
Board. 
(g) ACCOUNTABILITY AND REPORTING.— 
(1) REPORT.— 
(A) IN GENERAL.—Not later than December 30 of each 
year beginning in fiscal year 2009, the Director shall pre-
pare and submit to the Secretary of Education and the 
authorizing committees a report that contains the informa-
tion described in subparagraph (B) with respect to the 
preceding fiscal year. 
(B) CONTENTS.—A report under subparagraph (A) shall 
include— 
Grants. 
Contracts. 
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122 STAT. 3449 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) a comprehensive and detailed report of the Cen-
ter’s operations, activities, financial condition, and 
accomplishments, and such recommendations as the 
Director determines appropriate; 
(ii) evidence of coordination with the Department 
of Education, the National Science Foundation, Office 
of the Director of Defense Research and Engineering 
in the Department of Defense, and other related Fed-
eral agencies to carry out the operations and activities 
of the Center; 
(iii) a comprehensive and detailed inventory of 
funds distributed from the Center during the fiscal 
year for which the report is being prepared; and 
(iv) an independent audit of the Center’s finances 
and operations, and of the implementation of the goals 
established by the Board. 
(C) STATEMENT
OF
THE
BOARD.—Each report under 
subparagraph (A) shall include a statement from the Board 
containing— 
(i) a clear description of the plans and priorities 
of the Board for the subsequent year for activities 
of the Center; and 
(ii) an estimate of the funds that will be expended 
by the Center for such year. 
(2) TESTIMONY.—The Director and principal officers of the 
Center shall testify before the authorizing committees and the 
Committees on Appropriations of the House of Representatives 
and the Senate, upon request of such committees, with respect 
to— 
(A) any report required under paragraph (1)(A); and 
(B) any other matter that such committees may deter-
mine appropriate. 
(h) USE OF FUNDS SUBJECT TO APPROPRIATIONS.—The authority 
to award grants, enter into contracts, or otherwise expend funds 
under this section is subject to the availability of amounts deposited 
into the Center under subsection (c), or amounts otherwise appro-
priated for such purposes by an Act of Congress. 
(i) DEFINITIONS.—For purposes of this section: 
(1) AUTHORIZING
COMMITTEES.—The term ‘‘authorizing 
committees’’ has the meaning given the term in section 103 
of the Higher Education Act of 1965 (20 U.S.C. 1003). 
(2) BOARD.—The term ‘‘Board’’ means the Board of the 
Center appointed under subsection (d)(1). 
(3) CENTER.—The term ‘‘Center’’ means the National Center 
for Research in Advanced Information and Digital Technologies 
established under subsection (a). 
(4) DIRECTOR.—The term ‘‘Director’’ means the Director 
of the Center appointed under subsection (e)(1). 
SEC. 803. ESTABLISHMENT OF PILOT PROGRAM FOR COURSE MATE-
RIAL RENTAL. 
(a) PILOT GRANT PROGRAM.—From the amounts appropriated 
pursuant to subsection (e), the Secretary of Education (referred 
to in this section as the ‘‘Secretary’’) shall make grants on a competi-
tive basis to not more than ten institutions of higher education 
to support pilot programs that expand the services of bookstores 
20 USC 1015b 
note. 
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122 STAT. 3450 
PUBLIC LAW 110–315—AUG. 14, 2008 
to provide the option for students to rent course materials in order 
to achieve savings for students. 
(b) APPLICATION.—An institution of higher education that 
desires to obtain a grant under this section shall submit an applica-
tion to the Secretary at such time, in such form, and containing 
or accompanied by such information, agreements, and assurances 
as the Secretary may reasonably require. 
(c) USE OF FUNDS.—The funds made available by a grant under 
this section may be used for— 
(1) purchase of course materials that the entity will make 
available by rent to students; 
(2) any equipment or software necessary for the conduct 
of a rental program; 
(3) hiring staff needed for the conduct of a rental program, 
with priority given to hiring enrolled undergraduate students; 
and 
(4) building or acquiring extra storage space dedicated to 
course materials for rent. 
(d) EVALUATION AND REPORT.— 
(1) EVALUATIONS BY RECIPIENTS.—After a period of time 
to be determined by the Secretary, each institution of higher 
education that receives a grant under this section shall submit 
a report to the Secretary on the effectiveness of their rental 
programs in reducing textbook costs for students. 
(2) REPORT TO CONGRESS.—Not later than September 30, 
2010, the Secretary shall submit a report to Congress on the 
effectiveness of the textbook rental pilot programs under this 
section, and identify the best practices developed in such pilot 
programs. Such report shall contain an estimate by the Sec-
retary of the savings achieved by students who participate 
in such pilot programs. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal years 2009 and 2010. 
TITLE IX—AMENDMENTS TO OTHER 
LAWS 
PART A—EDUCATION OF THE DEAF ACT OF 
1986 
SEC. 901. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER. 
Section 104 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4304) is amended— 
(1) by striking the section heading and inserting ‘‘LAURENT 
CLERC NATIONAL DEAF EDUCATION CENTER’’; 
(2) in subsection (a)(1)(A), by inserting ‘‘the Laurent Clerc 
National Deaf Education Center (referred to in this section 
as the ‘Clerc Center’) to carry out’’ after ‘‘maintain and operate’’; 
and 
(3) in subsection (b)— 
(A) in the matter preceding subparagraph (A) of para-
graph (1), by striking ‘‘elementary and secondary education 
programs’’ and inserting ‘‘Clerc Center’’; 
(B) in paragraph (2)— 
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122 STAT. 3451 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) by striking ‘‘elementary and secondary edu-
cation programs’’ and inserting ‘‘Clerc Center’’; and 
(ii) by striking ‘‘section 618(a)(1)(A)’’ and inserting 
‘‘section 618(a)(1)’’; 
(C) in paragraph (4), in subparagraph (C)— 
(i) by moving the margins 2 ems to the left; 
(ii) in clause (i), by striking ‘‘(6)’’ and inserting 
‘‘(8)’’; and 
(iii) in clause (vi), by striking ‘‘(m)’’ and inserting 
‘‘(o)’’; and 
(D) by adding at the end the following: 
‘‘(5) The University, for purposes of the elementary and sec-
ondary education programs carried out at the Clerc Center, shall— 
‘‘(A)(i) select challenging academic content standards, chal-
lenging student academic achievement standards, and academic 
assessments of a State, adopted and implemented, as appro-
priate, pursuant to paragraphs (1) and (3) of section 1111(b) 
of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311(b)(1) and (3)) and approved by the Secretary; and 
‘‘(ii) implement such standards and assessments for such 
programs by not later than the beginning of the 2009–2010 
academic year; 
‘‘(B) annually determine whether such programs at the 
Clerc Center are making adequate yearly progress, as deter-
mined according to the definition of adequate yearly progress 
defined (pursuant to section 1111(b)(2)(C) of such Act (20 U.S.C. 
6311(b)(2)(C))) by the State that has adopted and implemented 
the standards and assessments selected under subparagraph 
(A)(i); and 
‘‘(C) publicly report the results of the academic assessments 
implemented under subparagraph (A), except where such 
reporting would not yield statistically reliable information or 
would reveal personally identifiable information about an indi-
vidual student, and whether the programs at the Clerc Center 
are making adequate yearly progress, as determined under 
subparagraph (B).’’. 
SEC. 902. AGREEMENT WITH GALLAUDET UNIVERSITY. 
Section 105(b)(4) of the Education of the Deaf Act of 1986 
(20 U.S.C. 4305(b)(4)) is amended— 
(1) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 276a– 
276a–5) commonly referred to as the Davis-Bacon Act’’ and 
inserting ‘‘subchapter IV of chapter 31 of title 40, United States 
Code, commonly referred to as the Davis-Bacon Act’’; and 
(2) by striking ‘‘section 2 of the Act of June 13, 1934 
(40 U.S.C. 276c)’’ and inserting ‘‘section 3145 of title 40, United 
States Code’’. 
SEC. 903. AGREEMENT FOR THE NATIONAL TECHNICAL INSTITUTE 
FOR THE DEAF. 
Section 112 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4332) is amended— 
(1) in subsection (a)(1), by striking the second sentence; 
and 
(2) in subsection (b)— 
Reports. 
Deadline. 
Deadline. 
Standards. 
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122 STAT. 3452 
PUBLIC LAW 110–315—AUG. 14, 2008 
(A) in paragraph (3), by striking ‘‘Committee on Labor 
and Human Resources of the Senate’’ and inserting ‘‘Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate’’; and 
(B) in paragraph (5)— 
(i) by striking ‘‘the Act of March 3, 1931 (40 U.S.C. 
276a—276a–5) commonly referred to as the Davis- 
Bacon Act’’ and inserting ‘‘subchapter IV of chapter 
31 of title 40, United States Code, commonly referred 
to as the Davis-Bacon Act’’; and 
(ii) by striking ‘‘section 2 of the Act of June 13, 
1934 (40 U.S.C. 276c)’’ and inserting ‘‘section 3145 
of title 40, United States Code’’. 
SEC. 904. CULTURAL EXPERIENCES GRANTS. 
(a) CULTURAL EXPERIENCES GRANTS.—Title I of the Education 
of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is amended by 
adding at the end the following: 
‘‘PART C—OTHER PROGRAMS 
‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. 
‘‘(a) IN GENERAL.—The Secretary is authorized to, on a competi-
tive basis, make grants to, and enter into contracts and cooperative 
agreements with, eligible entities to support the activities described 
in subsection (b). 
‘‘(b) ACTIVITIES.—In carrying out this section, the Secretary 
shall support activities providing cultural experiences, through 
appropriate nonprofit organizations with a demonstrated proficiency 
in providing such activities, that— 
‘‘(1) enrich the lives of deaf and hard-of-hearing children 
and adults; 
‘‘(2) increase public awareness and understanding of deaf-
ness and of the artistic and intellectual achievements of deaf 
and hard-of-hearing persons; or 
‘‘(3) promote the integration of hearing, deaf, and hard- 
of-hearing persons through shared cultural, educational, and 
social experiences. 
‘‘(c) APPLICATIONS.—An eligible entity that desires to receive 
a grant, or enter into a contract or cooperative agreement, under 
this section shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the 
Secretary may require. 
‘‘(d) 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 five succeeding 
fiscal years.’’. 
(b) CONFORMING AMENDMENT.—The title heading of title I of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) 
is amended by adding at the end the following: ‘‘; OTHER PRO-
GRAMS’’. 
SEC. 905. AUDIT. 
Section 203 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4353) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2), by striking ‘‘sections’’ and all 
that follows through the period and inserting ‘‘sections 
Contracts. 
20 USC 4341. 
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122 STAT. 3453 
PUBLIC LAW 110–315—AUG. 14, 2008 
102(b), 105(b)(4), 112(b)(5), 203(c), 207(b)(2), subsections 
(c) through (f) of section 207, and subsections (b) and (c) 
of section 209.’’; and 
(B) in paragraph (3), by inserting ‘‘and the Committee 
on Education and Labor of the House of Representatives 
and the Committee on Health, Education, Labor, and Pen-
sions of the Senate’’ after ‘‘Secretary’’; and 
(2) in subsection (c)(2)(A), by striking ‘‘Committee on Labor 
and Human Resources of the Senate’’ and inserting ‘‘Committee 
on Health, Education, Labor, and Pensions of the Senate’’. 
SEC. 906. REPORTS. 
Section 204 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4354) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘Com-
mittee on Labor and Human Resources of the Senate’’ and 
inserting ‘‘Committee on Health, Education, Labor, and Pen-
sions of the Senate’’; 
(2) in paragraph (1), by striking ‘‘preparatory,’’; 
(3) in paragraph (2)(C), by striking ‘‘upon graduation/ 
completion’’ and inserting ‘‘on the date that is one year after 
the date of graduation or completion’’; and 
(4) in paragraph (3)(B), by striking ‘‘of the institution of 
higher education’’ and all that follows through ‘‘section 203’’ 
and inserting ‘‘of NTID programs and activities’’. 
SEC. 907. MONITORING, EVALUATION, AND REPORTING. 
Section 205 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4355) is amended— 
(1) in the first sentence of subsection (a), by striking ‘‘pre-
paratory,’’; 
(2) in subsection (b), by striking ‘‘The Secretary, as part 
of the annual report required under section 426 of the Depart-
ment of Education Organization Act, shall include a description 
of’’ and inserting ‘‘The Secretary shall annually transmit 
information to Congress on’’; and 
(3) in subsection (c), by striking ‘‘fiscal years 1998 through 
2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 
SEC. 908. LIAISON FOR EDUCATIONAL PROGRAMS. 
Section 206(a) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4356(a)) is amended by striking ‘‘Not later than 30 days 
after the date of enactment of this Act, the’’ and inserting ‘‘The’’. 
SEC. 
909. 
FEDERAL 
ENDOWMENT 
PROGRAMS 
FOR 
GALLAUDET 
UNIVERSITY AND THE NATIONAL TECHNICAL INSTITUTE 
FOR THE DEAF. 
Section 207(h) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4357(h)) is amended by striking ‘‘fiscal years 1998 through 
2003’’ both places it appears and inserting ‘‘fiscal years 2009 
through 2014’’. 
SEC. 910. OVERSIGHT AND EFFECT OF AGREEMENTS. 
Section 208(a) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4359(a)) is amended by striking ‘‘Committee on Labor and 
Human Resources of the Senate and the Committee on Education 
and the Workforce of the House of Representatives’’ and inserting 
‘‘Committee on Education and Labor of the House of Representatives 
Appropriations 
authorization. 
Designation. 
Deadline. 
Appropriations 
authorization. 
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122 STAT. 3454 
PUBLIC LAW 110–315—AUG. 14, 2008 
and the Committee on Health, Education, Labor, and Pensions 
of the Senate’’. 
SEC. 911. INTERNATIONAL STUDENTS. 
Section 209 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4359a) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘preparatory, undergraduate,’’ and 
inserting ‘‘undergraduate’’; 
(B) by striking ‘‘Effective with’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
effective with’’; and 
(C) by adding at the end the following: 
‘‘(2) DISTANCE
LEARNING.—International students who 
participate in distance learning courses that are at the Univer-
sity or the NTID, who are residing outside of the United States, 
and are not enrolled in a degree program at the University 
or the NTID shall— 
‘‘(A) not be counted as international students for pur-
poses of the cap on international students under paragraph 
(1), except that in any school year no United States citizen 
who applies to participate in distance learning courses 
that are at the University or NTID shall be denied partici-
pation in such courses because of the participation of an 
international student in such courses; and 
‘‘(B) not be charged a tuition surcharge, as described 
in subsection (b).’’; and 
(2) by striking subsections (b), (c), and (d), and inserting 
the following: 
‘‘(b) TUITION SURCHARGE.—Except as provided in subsections 
(a)(2)(B) and (c), the tuition for postsecondary international students 
enrolled in the University (including undergraduate and graduate 
students) or NTID shall include, for academic year 2009–2010 and 
any succeeding academic year, a surcharge of— 
‘‘(1) 100 percent for a postsecondary international student 
from a non-developing country; and 
‘‘(2) 50 percent for a postsecondary international student 
from a developing country, or a country that was a developing 
country for any academic year during the student’s period 
of uninterrupted enrollment in a degree program at the Univer-
sity or NTID, except that such a surcharge shall not be adjusted 
retroactively. 
‘‘(c) REDUCTION OF SURCHARGE.— 
‘‘(1) IN GENERAL.—Beginning with the academic year 2009– 
2010, the University or NTID may reduce the surcharge— 
‘‘(A) under subsection (b)(1) from 100 percent to not 
less than 50 percent if— 
‘‘(i) a student described under subsection (b)(1) 
demonstrates need; and 
‘‘(ii) such student has made a good-faith effort 
to secure aid through such student’s government or 
other sources; and 
‘‘(B) under subsection (b)(2) from 50 percent to not 
less than 25 percent if— 
‘‘(i) a student described under subsection (b)(2) 
demonstrates need; and 
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122 STAT. 3455 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) such student has made a good faith effort 
to secure aid through such student’s government or 
other sources. 
‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The University and 
NTID shall develop a sliding scale model that— 
‘‘(A) will be used to determine the amount of a tuition 
surcharge reduction pursuant to paragraph (1); and 
‘‘(B) shall be approved by the Secretary. 
‘‘(d) DEFINITION.—In this section, the term ‘developing country’ 
means a country with a per-capita income of not more than $5,345, 
measured in 2005 United States dollars, as adjusted by the Sec-
retary to reflect inflation since 2005.’’. 
SEC. 912. RESEARCH PRIORITIES. 
Section 210(b) of the Education of the Deaf Act of 1986 (20 
U.S.C. 4359b(b)) is amended by striking ‘‘Committee on Education 
and the Workforce of the House of Representatives, and the Com-
mittee on Labor and Human Resources of the Senate’’ and inserting 
‘‘Committee on Education and Labor of the House of Representa-
tives, and the Committee on Health, Education, Labor, and Pensions 
of the Senate’’. 
SEC. 913. NATIONAL STUDY ON THE EDUCATION OF THE DEAF. 
(a) CONDUCT OF STUDY.—Subsection (a)(1) of section 211 of 
the Education of the Deaf Act of 1986 (20 U.S.C. 4360) is amended 
by inserting after ‘‘The Secretary shall’’ the following: ‘‘establish 
a commission on the education of the deaf (in this section referred 
to as the ‘commission’) to’’. 
(b) PUBLIC INPUT AND CONSULTATION.—Subsection (b) of such 
section is amended by striking ‘‘Secretary’’ each place the term 
appears and inserting ‘‘commission’’. 
(c) REPORT.—Subsection (c) of such section is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘Sec-
retary’’ and all that follows through ‘‘1998’’ and inserting 
‘‘commission shall report to the Secretary and Congress not 
later than 18 months after the date of the enactment of the 
Higher Education Opportunity Act’’; and 
(2) in paragraph (1)— 
(A) by striking ‘‘recommendations,’’ and inserting ‘‘rec-
ommendations relating to educated-related factors that con-
tribute to successful postsecondary education experiences 
and employment for individuals who are deaf,’’; and 
(B) by striking ‘‘Secretary’’ and inserting ‘‘commission’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Subsection (d) of such 
section is amended by striking ‘‘$1,000,000 for each of the fiscal 
years 1999 and 2000’’ and inserting ‘‘such sums as may be necessary 
for each of the fiscal years 2009 and 2010’’. 
SEC. 914. AUTHORIZATION OF APPROPRIATIONS. 
Section 212 of the Education of the Deaf Act of 1986 (20 
U.S.C. 4360a) is amended— 
(1) in subsection (a), in the matter preceding paragraph 
(1), by striking ‘‘fiscal years 1998 through 2003’’ and inserting 
‘‘fiscal years 2009 through 2014’’; and 
(2) in subsection (b), by striking ‘‘fiscal years 1998 through 
2003’’ and inserting ‘‘fiscal years 2009 through 2014’’. 
Establishment. 
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122 STAT. 3456 
PUBLIC LAW 110–315—AUG. 14, 2008 
PART B—UNITED STATES INSTITUTE OF 
PEACE ACT 
SEC. 921. UNITED STATES INSTITUTE OF PEACE ACT. 
(a) POWERS
AND DUTIES.—Section 1705(b)(3) of the United 
States Institute of Peace Act (22 U.S.C. 4604(b)(3)) is amended 
by striking ‘‘the Arms Control and Disarmament Agency,’’. 
(b) BOARD OF DIRECTORS.— 
(1) AMENDMENTS.—Section 1706 of the United States 
Institute of Peace Act (22 U.S.C. 4605) is amended— 
(A) by striking ‘‘(b)(5)’’ each place the term appears 
and inserting ‘‘(b)(4)’’; and 
(B) in subsection (e), by adding at the end the following: 
‘‘(5) The term of a member of the Board shall not commence 
until the member is confirmed by the Senate and sworn in 
as a member of the Board.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) shall take effect as if enacted on June 1, 2007, and shall 
apply to any member of the Board of Directors of the Institute 
of Peace confirmed by the Senate and sworn in as a member 
of the Board of Directors on or after such date. 
(c) FUNDING.—Section 1710 of the United States Institute of 
Peace Act (22 U.S.C. 4609) is amended— 
(1) in subsection (a)(1), by striking ‘‘to be appropriated’’ 
and all that follows through the period at the end and inserting 
‘‘to be appropriated such sums as may be necessary for fiscal 
years 2009 through 2014.’’; and 
(2) by adding at the end the following: 
‘‘(d) EXTENSION.—Any authorization of appropriations made for 
the purposes of carrying out this title shall be extended in the 
same manner as applicable programs are extended under section 
422 of the General Education Provisions Act.’’. 
PART C—THE HIGHER EDUCATION AMEND-
MENTS OF 1998; THE HIGHER EDUCATION 
AMENDMENTS OF 1992 
SEC. 931. REPEALS. 
The following provisions of title VIII of the Higher Education 
Amendments of 1998 (Public Law 105–244) are repealed: 
(1) Part A. 
(2) Part C (20 U.S.C. 1070 note). 
(3) Part F (20 U.S.C. 1862 note). 
(4) Part J. 
(5) Section 861. 
(6) Section 863. 
SEC. 932. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 
Section 821 of the Higher Education Amendments of 1998 
(20 U.S.C. 1151) is amended to read as follows: 
‘‘SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY 
TRANSITION TRAINING FOR INCARCERATED INDIVIDUALS. 
‘‘(a) DEFINITION.—In this section, the term ‘incarcerated indi-
vidual’ means a male or female offender who is— 
112 Stat. 1826. 
112 Stat. 1825. 
42 USC 1862 
note. 
20 USC 1001 
note, 1015 note, 
1018 note, 1099b 
note. 
Effective date. 
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122 STAT. 3457 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) 35 years of age or younger; and 
‘‘(2) incarcerated in a State prison, including a prerelease 
facility. 
‘‘(b) GRANT PROGRAM.—The Secretary of Education (in this 
section referred to as the ‘Secretary’)— 
‘‘(1) shall establish a program in accordance with this sec-
tion to provide grants to the State correctional education agen-
cies in the States to assist and encourage incarcerated individ-
uals who have obtained a secondary school diploma or its 
recognized equivalent to acquire educational and job skills 
through— 
‘‘(A) coursework to prepare such individuals to pursue 
a postsecondary education certificate, an associate’s degree, 
or bachelor’s degree while in prison; 
‘‘(B) the pursuit of a postsecondary education certifi-
cate, an associate’s degree, or bachelor’s degree while in 
prison; and 
‘‘(C) employment counseling and other related services, 
which start during incarceration and end not later than 
two years after release from incarceration; and 
‘‘(2) may establish such performance objectives and 
reporting requirements for State correctional education agen-
cies receiving grants under this section as the Secretary deter-
mines are necessary to assess the effectiveness of the program 
under this section. 
‘‘(c) APPLICATION.—To be eligible for a grant under this section, 
a State correctional education agency shall submit to the Secretary 
a proposal for an incarcerated individual program that— 
‘‘(1) identifies the scope of the problem, including the 
number of incarcerated individuals in need of postsecondary 
education and career and technical training; 
‘‘(2) lists the accredited public or private educational 
institution or institutions that will provide postsecondary edu-
cational services; 
‘‘(3) lists the cooperating agencies, public and private, or 
businesses that will provide related services, such as counseling 
in the areas of career development, substance abuse, health, 
and parenting skills; 
‘‘(4) describes specific performance objectives and evalua-
tion methods (in addition to, and consistent with, any objectives 
established by the Secretary under subsection (b)(2)) that the 
State correctional education agency will use in carrying out 
its proposal, including— 
‘‘(A) specific and quantified student outcome measures 
that are referenced to outcomes for non-program partici-
pants with similar demographic characteristics; and 
‘‘(B) measures, consistent with the data elements and 
definitions described in subsection (d)(1)(A), of— 
‘‘(i) program completion, including an explicit defi-
nition of what constitutes a program completion within 
the proposal; 
‘‘(ii) knowledge and skill attainment, including 
specification of instruments that will measure knowl-
edge and skill attainment; 
‘‘(iii) attainment of employment both prior to and 
subsequent to release; 
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122 STAT. 3458 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iv) success in employment indicated by job reten-
tion and advancement; and 
‘‘(v) recidivism, including such subindicators as 
time before subsequent offense and severity of offense; 
‘‘(5) describes how the proposed program is to be integrated 
with existing State correctional education programs (such as 
adult education, graduate education degree programs, and 
career and technical training) and State industry programs; 
‘‘(6) describes how the proposed program will— 
‘‘(A) deliver services under this section; and 
‘‘(B) utilize technology to deliver such services; and 
‘‘(7) describes how incarcerated individuals will be selected 
so that only those eligible under subsection (e) will be enrolled 
in postsecondary programs. 
‘‘(d) PROGRAM REQUIREMENTS.—Each State correctional edu-
cation agency receiving a grant under this section shall— 
‘‘(1) annually report to the Secretary regarding— 
‘‘(A) the results of the evaluations conducted using 
data elements and definitions provided by the Secretary 
for the use of State correctional education programs; 
‘‘(B) any objectives or requirements established by the 
Secretary pursuant to subsection (b)(2); 
‘‘(C) the additional performance objectives and evalua-
tion methods contained in the proposal described in sub-
section (c)(4) as necessary to document the attainment 
of project performance objectives; 
‘‘(D) how the funds provided under this section are 
being allocated among postsecondary preparatory edu-
cation, postsecondary academic programs, and career and 
technical education programs; and 
‘‘(E) the service delivery methods being used for each 
course offering; and 
‘‘(2) provide for each student eligible under subsection (e) 
not more than— 
‘‘(A) $3,000 annually for tuition, books, and essential 
materials; and 
‘‘(B) $300 annually for related services such as career 
development, substance abuse counseling, parenting skills 
training, and health education. 
‘‘(e) STUDENT ELIGIBILITY.—An incarcerated individual who has 
obtained a secondary school diploma or its recognized equivalent 
shall be eligible for participation in a program receiving a grant 
under this section if such individual— 
‘‘(1) is eligible to be released within seven years (including 
an incarcerated individual who is eligible for parole within 
such time); 
‘‘(2) is 35 years of age or younger; and 
‘‘(3) has not been convicted of— 
‘‘(A) a ‘criminal offense against a victim who is a minor’ 
or a ‘sexually violent offense’, as such terms are defined 
in the Jacob Wetterling Crimes Against Children and Sexu-
ally Violent Offender Registration Act (42 U.S.C. 14071 
et seq.); or 
‘‘(B) murder, as described in section 1111 of title 18, 
United States Code. 
‘‘(f) LENGTH OF PARTICIPATION.—A State correctional education 
agency receiving a grant under this section shall provide educational 
Deadline. 
Reports. 
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122 STAT. 3459 
PUBLIC LAW 110–315—AUG. 14, 2008 
and related services to each participating incarcerated individual 
for a period not to exceed seven years, not more than two years 
of which may be devoted to study in a graduate education degree 
program or to coursework to prepare such individuals to take college 
level courses. Educational and related services shall start during 
the period of incarceration in prison or prerelease, and the related 
services may continue for not more than two years after release 
from confinement. 
‘‘(g) EDUCATION DELIVERY SYSTEMS.—State correctional edu-
cation agencies and cooperating institutions shall, to the extent 
practicable, use high-tech applications in developing programs to 
meet the requirements and goals of this section. 
‘‘(h) ALLOCATION
OF FUNDS.—From the funds appropriated 
pursuant to subsection (i) for each fiscal year, the Secretary shall 
allot to each State an amount that bears the same relationship 
to such funds as the total number of students eligible under sub-
section (e) in such State bears to the total number of such students 
in all States. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as may 
be necessary for fiscal years 2009 through 2014.’’. 
SEC. 933. UNDERGROUND RAILROAD EDUCATIONAL AND CULTURAL 
PROGRAM. 
Section 841 of the Higher Education Amendments of 1998 
(20 U.S.C. 1153) is amended— 
(1) in subsection (a), by inserting ‘‘, including the lessons 
to be drawn from such history’’ after ‘‘Railroad’’; 
(2) in subsection (b)— 
(A) by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) to establish a facility to— 
‘‘(A) house, display, interpret, and communicate 
information regarding the artifacts and other materials 
related to the history of the Underground Railroad, 
including the lessons to be drawn from such history; 
‘‘(B) maintain such artifacts and materials; and 
‘‘(C) make the efforts described in subparagraph (A) 
available, 
including 
through 
electronic 
means, 
to 
elementary and secondary schools, institutions of higher 
education, and the general public; 
‘‘(2) to demonstrate substantial public and private support 
for the operation of the facility through the implementation 
of a public-private partnership between one or more State or 
local public entities and one or more private entities, which 
public-private partnership shall provide matching funds from 
non-federal sources for the support of the facility in an amount 
equal to or greater than four times the amount of the grant 
awarded under this section;’’; 
(B) in paragraph (4)— 
(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 
and 
(ii) by inserting ‘‘including the lessons to be drawn 
from the history of the Underground Railroad,’’ after 
‘‘States,’’; and 
(C) in paragraph (5)— 
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122 STAT. 3460 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) by inserting ‘‘and maintain’’ after ‘‘establish’’; 
and 
(ii) by inserting ‘‘, including the lessons to be drawn 
from such history’’ after ‘‘Railroad’’; and 
(3) in subsection (c), by striking ‘‘this section’’ and all 
that follows through the period at the end and inserting 
‘‘$3,000,000 for fiscal year 2009 and each of the five succeeding 
fiscal years.’’. 
SEC. 934. OLYMPIC SCHOLARSHIPS. 
Section 1543(d) of the Higher Education Amendments of 1992 
(20 U.S.C. 1070 note) is amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘4’’ and inserting ‘‘five’’. 
SEC. 935. ESTABLISHMENT OF A DEPUTY ASSISTANT SECRETARY FOR 
INTERNATIONAL AND FOREIGN LANGUAGE EDUCATION. 
Section 205 of the Department of Education Organization Act 
(20 U.S.C. 3415) is amended to read as follows: 
‘‘OFFICE OF POSTSECONDARY EDUCATION 
‘‘SEC. 205. (a) There shall be in the Department an Office 
of Postsecondary Education, to be administered by the Assistant 
Secretary for Postsecondary Education appointed under section 
202(b). The Assistant Secretary shall administer such functions 
affecting postsecondary education, both public and private, as the 
Secretary shall delegate, and shall serve as the principal adviser 
to the Secretary on matters affecting postsecondary education. 
‘‘(b) The Assistant Secretary for Postsecondary Education shall 
appoint a Deputy Assistant Secretary for International and Foreign 
Language Education to perform such functions affecting postsec-
ondary, international, and foreign language education as the Sec-
retary may prescribe. The Deputy Assistant Secretary for Inter-
national and Foreign Language Education shall— 
‘‘(1) be an individual with extensive background and experi-
ence in international and foreign language education; 
‘‘(2) have responsibility for encouraging and promoting the 
study of foreign languages and the study of the cultures of 
other countries at the elementary, secondary, and postsecondary 
levels in the United States; and 
‘‘(3) coordinate with related international and foreign lan-
guage education programs of other Federal agencies.’’. 
PART D—TRIBAL COLLEGE AND 
UNIVERSITIES; NAVAJO HIGHER EDUCATION 
Subpart 1—Tribal Colleges and Universities 
SEC. 941. REAUTHORIZATION OF THE TRIBALLY CONTROLLED COL-
LEGE OR UNIVERSITY ASSISTANCE ACT OF 1978. 
(a) CLARIFICATION
OF
THE DEFINITION
OF NATIONAL INDIAN 
ORGANIZATION.—Section 2(a)(6) of the Tribally Controlled College 
or University Assistance Act of 1978 (25 U.S.C. 1801(a)(6)) is 
amended by striking ‘‘in the field of Indian education’’ and inserting 
‘‘in the fields of tribally controlled colleges and universities and 
Indian higher education’’. 
Appointments. 
Appropriations 
authorization. 
Appropriations 
authorization. 
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122 STAT. 3461 
PUBLIC LAW 110–315—AUG. 14, 2008 
(b) INDIAN STUDENT COUNT.—Section 2(a) of the Tribally Con-
trolled College or University Assistance Act of 1978 (25 U.S.C. 
1801(a)) is amended— 
(1) by redesignating paragraphs (7) and (8) as paragraphs 
(8) and (9), respectively; and 
(2) by inserting after paragraph (6) the following: 
‘‘(7) ‘Indian student’ means a student who is— 
‘‘(A) a member of an Indian tribe; or 
‘‘(B) a biological child of a member of an Indian tribe, 
living or deceased;’’. 
(c) CONTINUING EDUCATION.—Section 2(b) of the Tribally Con-
trolled College or University Assistance Act of 1978 (25 U.S.C. 
1801(b)) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘para-
graph (7) of subsection (a)’’ and inserting ‘‘subsection (a)(8)’’; 
(2) by striking paragraph (5) and inserting the following: 
‘‘(5) Eligible credits earned in a continuing education pro-
gram— 
‘‘(A) shall be determined as one credit for every ten 
contact hours in the case of an institution on a quarter 
system, or 15 contact hours in the case of an institution 
on a semester system, of participation in an organized 
continuing education experience under responsible sponsor-
ship, capable direction, and qualified instruction, as 
described in the criteria established by the International 
Association for Continuing Education and Training; and 
‘‘(B) shall be limited to ten percent of the Indian stu-
dent count of a tribally controlled college or university.’’; 
and 
(3) by striking paragraph (6). 
(d) ACCREDITATION REQUIREMENT.—Section 103 of the Tribally 
Controlled College or University Assistance Act of 1978 (25 U.S.C. 
1804) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (3), the following: 
‘‘(4)(A) is accredited by a nationally recognized accrediting 
agency or association determined by the Secretary of Education 
to be a reliable authority with regard to the quality of training 
offered; or 
‘‘(B) according to such an agency or association, is making 
reasonable progress toward accreditation.’’. 
(e) TECHNICAL ASSISTANCE CONTRACTS.—Section 105 of the 
Tribally Controlled College or University Assistance Act of 1978 
(25 U.S.C. 1805) is amended— 
(1) by striking the section designation and heading and 
all that follows through ‘‘The Secretary shall’’ and inserting 
the following: 
‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. 
‘‘(a) TECHNICAL ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall’’; 
(2) in the second sentence, by striking ‘‘In the awarding 
of contracts for technical assistance, preference shall be given’’ 
and inserting the following: 
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122 STAT. 3462 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(2) DESIGNATED
ORGANIZATION.—The Secretary shall 
require that a contract for technical assistance under paragraph 
(1) shall be awarded’’; and 
(3) in the third sentence, by striking ‘‘No authority’’ and 
inserting the following: 
‘‘(b) EFFECT OF SECTION.—No authority’’. 
(f) AMOUNT OF GRANTS.—Section 108(a) of the Tribally Con-
trolled College or University Assistance Act of 1978 (25 U.S.C. 
1808(a)) is amended— 
(1) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and indenting the subpara-
graphs appropriately; 
(2) by striking ‘‘(a) Except as provided in section 111,’’ 
and inserting the following: 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2) 
and section 111,’’; 
(3) in paragraph (1) (as redesignated by paragraphs (1) 
and (2))— 
(A) in the matter preceding subparagraph (A) (as 
redesignated by paragraph (1))— 
(i) by striking ‘‘him’’ and inserting ‘‘the Secretary’’; 
and 
(ii) by striking ‘‘product of’’ and inserting ‘‘product 
obtained by multiplying’’; 
(B) in subparagraph (A) (as redesignated by paragraph 
(1)), by striking ‘‘section 2(a)(7)’’ and inserting ‘‘section 
2(a)(8)’’; and 
(C) in subparagraph (B) (as redesignated by paragraph 
(1)), by striking ‘‘$6,000,’’ and inserting ‘‘$8,000, as adjusted 
annually for inflation.’’; and 
(4) by striking ‘‘except that no grant shall exceed the total 
cost of the education program provided by such college or 
university.’’ and inserting the following: 
‘‘(2) EXCEPTION.—The amount of a grant under paragraph 
(1) shall not exceed an amount equal to the total cost of the 
education program provided by the applicable tribally controlled 
college or university.’’. 
(g) GENERAL PROVISIONS REAUTHORIZATION.—Section 110(a) of 
the Tribally Controlled College or University Assistance Act of 
1978 (25 U.S.C. 1810(a)) is amended— 
(1) in paragraphs (1), (2), (3), and (4), by striking ‘‘1999’’ 
and inserting ‘‘2009’’; 
(2) in paragraphs (1), (2), and (3), by striking ‘‘4 succeeding’’ 
and inserting ‘‘five succeeding’’; 
(3) in paragraph (2), by striking ‘‘$40,000,000’’ and inserting 
‘‘such sums as may be necessary’’; 
(4) in paragraph (3), by striking ‘‘$10,000,000’’ and inserting 
‘‘such sums as may be necessary’’; and 
(5) in paragraph (4), by striking ‘‘succeeding 4’’ and 
inserting ‘‘five succeeding’’. 
(h) ENDOWMENT PROGRAM REAUTHORIZATION.—Section 306(a) 
of the Tribally Controlled College or University Assistance Act 
of 1978 (25 U.S.C. 1836(a)) is amended— 
(1) by striking ‘‘1999’’ and inserting ‘‘2009’’; and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five suc-
ceeding’’. 
Contracts. 
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122 STAT. 3463 
PUBLIC LAW 110–315—AUG. 14, 2008 
(i) TRIBAL ECONOMIC DEVELOPMENT REAUTHORIZATION.—Sec-
tion 403 of the Tribal Economic Development and Technology 
Related Education Assistance Act of 1990 (25 U.S.C. 1852) is 
amended— 
(1) by striking ‘‘$2,000,000 for fiscal year 1999’’ and 
inserting ‘‘such sums as may be necessary for fiscal year 2009’’; 
and 
(2) by striking ‘‘4 succeeding’’ and inserting ‘‘five suc-
ceeding’’. 
(j) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECH-
NICAL INSTITUTIONS.— 
(1) IN
GENERAL.—The Tribally Controlled College or 
University Assistance Act of 1978 (25 U.S.C. 1801 et seq.) 
is amended by adding at the end the following: 
‘‘TITLE 
V—TRIBALLY 
CONTROLLED 
POSTSECONDARY CAREER AND TECH-
NICAL INSTITUTIONS 
‘‘SEC. 501. DEFINITION OF TRIBALLY CONTROLLED POSTSECONDARY 
CAREER AND TECHNICAL INSTITUTION. 
‘‘In this title, the term ‘tribally controlled postsecondary career 
and technical institution’ has the meaning given the term in section 
3 of the Carl D. Perkins Career and Technical Education Act 
of 2006 (20 U.S.C. 2302). 
‘‘SEC. 502. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND 
TECHNICAL INSTITUTIONS PROGRAM. 
‘‘(a) IN GENERAL.—Subject to the availability of appropriations, 
for fiscal year 2009 and each fiscal year thereafter, the Secretary 
shall— 
‘‘(1) subject to subsection (b), select two tribally controlled 
postsecondary career and technical institutions to receive assist-
ance under this title; and 
‘‘(2) provide funding to the selected tribally controlled post-
secondary career and technical institutions to pay the costs 
(including institutional support costs) of operating postsec-
ondary career and technical education programs for Indian 
students at the tribally controlled postsecondary career and 
technical institutions. 
‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— 
‘‘(1) REQUIREMENT.—For each fiscal year during which the 
Secretary determines that a tribally controlled postsecondary 
career and technical institution described in paragraph (2) 
meets the definition referred to in section 501, the Secretary 
shall select that tribally controlled postsecondary career and 
technical institution under subsection (a)(1) to receive funding 
under this section. 
‘‘(2) INSTITUTIONS.—The two tribally controlled postsec-
ondary career and technical institutions referred to in para-
graph (1) are— 
‘‘(A) the United Tribes Technical College; and 
‘‘(B) the Navajo Technical College. 
‘‘(c) METHOD
OF PAYMENT.—For each applicable fiscal year, 
the Secretary shall provide funding under this section to each 
25 USC 1862. 
25 USC 1861. 
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122 STAT. 3464 
PUBLIC LAW 110–315—AUG. 14, 2008 
tribally controlled postsecondary career and technical institution 
selected for the fiscal year under subsection (a)(1) in a lump sum 
payment for the fiscal year. 
‘‘(d) DISTRIBUTION.— 
‘‘(1) IN
GENERAL.—For fiscal year 2009 and each fiscal 
year thereafter, of amounts made available pursuant to section 
504, the Secretary shall distribute to each tribally controlled 
postsecondary career and technical institution selected for the 
fiscal year under subsection (a)(1) an amount equal to the 
greater of— 
‘‘(A) the total amount appropriated for the tribally 
controlled postsecondary career and technical institution 
for fiscal year 2006; or 
‘‘(B) the total amount appropriated for the tribally 
controlled postsecondary career and technical institution 
for fiscal year 2008. 
‘‘(2) EXCESS AMOUNTS.—If, for any fiscal year, the amount 
made available pursuant to section 504 exceeds the sum of 
the amounts required to be distributed under paragraph (1) 
to the tribally controlled postsecondary career and technical 
institutions selected for the fiscal year under subsection (a)(1), 
the Secretary shall distribute to each tribally controlled postsec-
ondary career and technical institution selected for that fiscal 
year a portion of the excess amount, to be determined by— 
‘‘(A) dividing the excess amount by the aggregate 
Indian student count (as defined in section 117(h) of the 
Carl D. Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2327(h)) of such institutions for the prior 
academic year; and 
‘‘(B) multiplying the quotient described in subpara-
graph (A) by the Indian student count of each such institu-
tion for the prior academic year. 
‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. 
‘‘(a) IN GENERAL.—Paragraphs (4) and (8) of subsection (a), 
and subsection (b), of section 2, sections 105, 108, 111, 112 and 
113, and titles II, III, and IV shall not apply to this title. 
‘‘(b) INDIAN
SELF-DETERMINATION
AND
EDUCATION
ASSIST-
ANCE.—Funds made available pursuant to this title shall be subject 
to the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.). 
‘‘(c) ELECTION TO RECEIVE.—A tribally controlled postsecondary 
career and technical institution selected for a fiscal year under 
section 502(b) may elect to receive funds pursuant to section 502 
in accordance with an agreement between the tribally controlled 
postsecondary career and technical institution and the Secretary 
under the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450 et seq.) if the agreement is in existence on the 
date of enactment of the Higher Education Opportunity Act. 
‘‘(d) OTHER ASSISTANCE.—Eligibility for, or receipt of, assistance 
under this title shall not preclude the eligibility of a tribally con-
trolled postsecondary career and technical institution to receive 
Federal financial assistance under— 
‘‘(1) any program under the Higher Education Act of 1965 
(20 U.S.C. 1001 et seq.); 
‘‘(2) any program under the Carl D. Perkins Career and 
Technical Education Act of 2006; or 
25 USC 1863. 
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122 STAT. 3465 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(3) any other applicable program under which a benefit 
is provided for— 
‘‘(A) institutions of higher education; 
‘‘(B) community colleges; or 
‘‘(C) postsecondary educational institutions. 
‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated such sums as are 
necessary for fiscal year 2009 and each fiscal year thereafter to 
carry out this title.’’. 
(2) CONFORMING AMENDMENTS.—Section 117 of the Carl 
D. Perkins Career and Technical Education Act of 2006 (20 
U.S.C. 2327) is amended— 
(A) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(a) GRANT PROGRAM.—Subject to the availability of appropria-
tions, the Secretary shall make grants under this section, to provide 
basic support for the education and training of Indian students, 
to tribally controlled postsecondary career and technical institutions 
that are not receiving Federal assistance as of the date on which 
the grant is provided under— 
‘‘(1) title I of the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978 (25 U.S.C. 1802 et seq.); or 
‘‘(2) the Navajo Community College Act (25 U.S.C. 640a 
et seq.).’’; and 
(B) by striking subsection (d) and inserting the fol-
lowing: 
‘‘(d) APPLICATIONS.—To be eligible to receive a grant under 
this section, a tribally controlled postsecondary career and technical 
institution that is not receiving Federal assistance under title I 
of the Tribally Controlled Colleges and Universities Assistance Act 
of 1978 (25 U.S.C. 1802 et seq.) or the Navajo Community College 
Act (25 U.S.C. 640a et seq.) shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require.’’. 
(k) SHORT TITLE.— 
(1) IN GENERAL.—The first section of the Tribally Controlled 
College or University Assistance Act of 1978 (25 U.S.C. 1801 
note; Public Law 95–471) is amended to read as follows: 
‘‘SECTION 1. SHORT TITLE. 
‘‘This Act may be cited as the ‘Tribally Controlled Colleges 
and Universities Assistance Act of 1978’.’’. 
(2) TECHNICAL AMENDMENTS.— 
(A) EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT 
OF 1994.—Section 533(c)(4)(A) of the Equity in Educational 
Land-Grant Status Act of 1994 (7 U.S.C. 301 note) is 
amended by striking ‘‘Tribally Controlled College or Univer-
sity Assistance Act of 1978’’ and inserting ‘‘Tribally Con-
trolled Colleges and Universities Assistance Act of 1978’’. 
(B) NATIONAL MUSEUM OF THE AMERICAN INDIAN ACT.— 
Section 10(b)(2) of the National Museum of the American 
Indian Act (20 U.S.C. 80q-8(b)(2)) is amended by striking 
‘‘tribally controlled community colleges (as defined in sec-
tion 2 of the Tribally Controlled Community College Assist-
ance Act of 1978)’’ and inserting ‘‘tribally controlled colleges 
or universities (as defined in section 2(a) of the Tribally 
25 USC 1864. 
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122 STAT. 3466 
PUBLIC LAW 110–315—AUG. 14, 2008 
Controlled Colleges and Universities Assistance Act of 
1978)’’. 
(C) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.— 
Section 602(17)(B) of the Individuals with Disabilities Edu-
cation Act (20 U.S.C. 1401(17)(B)) is amended— 
(i) by striking ‘‘community college’’ and inserting 
‘‘college or university’’; and 
(ii) by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities 
Assistance Act of 1978’’. 
(D) CARL
D. PERKINS
CAREER
AND
TECHNICAL
EDU-
CATION
ACT
OF
2006.—The Carl D. Perkins Career and 
Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) 
is amended— 
(i) in section 3(33) (20 U.S.C. 2302(33)), by striking 
‘‘the Tribally Controlled College or University Assist-
ance Act of 1978’’ and inserting ‘‘the Tribally Controlled 
Colleges and Universities Assistance Act of 1978’’; 
(ii) in section 117 (20 U.S.C. 2327), by striking 
‘‘the Tribally Controlled College or University Assist-
ance Act of 1978’’ each place the term appears and 
inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’; and 
(iii) in section 203(a)(1)(B)(i)(I)(bb)(AA) (20 U.S.C. 
2373(a)(1)(B)(i)(I)(bb)(AA)), by striking ‘‘the Tribally 
Controlled College or University Assistance Act of 
1978’’ and inserting ‘‘the Tribally Controlled Colleges 
and Universities Assistance Act of 1978’’. 
(E) OMNIBUS
EDUCATION
RECONCILIATION
ACT
OF 
1981.—Section 528 of the Omnibus Education Reconciliation 
Act of 1981 (20 U.S.C. 3489) is amended by striking ‘‘the 
Tribally Controlled’’ and all that follows through ‘‘1978’’ 
and inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’. 
(F) ELEMENTARY AND SECONDARY EDUCATION ACT OF 
1965.—The Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6301 et seq.) is amended— 
(i) in section 3301(3) (20 U.S.C. 7011(3)), by 
striking ‘‘the Tribally Controlled College or University 
Assistance Act of 1978’’ and inserting ‘‘the Tribally 
Controlled Colleges and Universities Assistance Act 
of 1978’’; and 
(ii) 
in 
section 
7134(b)(1)(A) 
(20 
U.S.C. 
7454(b)(1)(A)), by striking ‘‘the Tribally Controlled Col-
lege or University Assistance Act of 1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities 
Assistance Act of 1978’’. 
(G) 
AUGUSTUS
F. 
HAWKINS-ROBERT
T. 
STAFFORD 
ELEMENTARY
AND
SECONDARY
SCHOOL
IMPROVEMENT 
AMENDMENTS OF 1988.—Section 5404(a)(1) of the Augustus 
F. Hawkins-Robert T. Stafford Elementary and Secondary 
School Improvement Amendments of 1988 (25 U.S.C. 13d– 
2(a)(1)) is amended by striking ‘‘the Tribally Controlled’’ 
and all that follows through ‘‘1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
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122 STAT. 3467 
PUBLIC LAW 110–315—AUG. 14, 2008 
(H) INDIAN
SELF-DETERMINATION
AND
EDUCATION 
ASSISTANCE ACT.—Section 403(b)(4)(A) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
458cc(b)(4)(A)) is amended by striking ‘‘the Tribally Con-
trolled’’ and all that follows through ‘‘1978’’ and inserting 
‘‘the Tribally Controlled Colleges and Universities Assist-
ance Act of 1978’’. 
(I) INDIAN
HEALTH
CARE
IMPROVEMENT
ACT.—The 
Indian Health Care Improvement Act (25 U.S.C. 1601 et 
seq.) is amended— 
(i) in section 113(b)(1) (25 U.S.C. 1616f(b)(1)), by 
striking ‘‘tribally-controlled’’ and all that follows 
through ‘‘1978)’’ and inserting ‘‘tribally controlled col-
leges or universities (within the meaning of section 
2(a)(4) of the Tribally Controlled Colleges and Univer-
sities Act of 1978)’’; 
(ii) in section 115(e) (25 U.S.C. 1616h(e)(2))— 
(I) in paragraph (1)(A), by striking ‘‘a tribally 
controlled community college’’ and inserting ‘‘a 
junior or community college that is a tribally con-
trolled college or university’’; and 
(II) by striking paragraph (2) and inserting 
the following: 
‘‘(2) The term ‘tribally controlled college or university’ has 
the meaning given to such term by section 2(a)(4) of the Tribally 
Controlled Colleges and Universities Assistance Act of 1978.’’; 
and 
(iii) by striking paragraph (3) of section 711(g) 
(25 U.S.C. 1665j(g)) and inserting the following: 
‘‘(3) The term ‘tribally controlled community college’ means 
a community college that is a tribally controlled college or 
university, as such term is defined in section 2(a)(4) of the 
Tribally Controlled Colleges and Universities Assistance Act 
of 1978.’’. 
(J) INDIAN CHILD PROTECTION AND FAMILY VIOLENCE 
PREVENTION ACT.—Section 411(d)(5)(C) of the Indian Child 
Protection and Family Violence Prevention Act (25 U.S.C. 
3210(d)(5)(C)) is amended by striking ‘‘tribally controlled’’ 
and all that follows through the semicolon at the end 
and inserting ‘‘tribally controlled college or university 
(within the meaning of section 2 of the Tribally Controlled 
Colleges and Universities Assistance Act of 1978);’’. 
(K) ASSISTIVE TECHNOLOGY ACT OF 1998.—Section 3(11) 
of the Assistive Technology Act of 1998 (29 U.S.C. 3002(11)) 
is amended by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(L) ATOMIC
ENERGY
ACT
OF
1954.—Section 244(a)(3) 
of the Atomic Energy Act of 1954 (42 U.S.C. 2015c(a)(3)) 
is amended by striking ‘‘the Tribally Controlled College 
or University Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(M) DEPARTMENT
OF
ENERGY
SCIENCE
EDUCATION 
ENHANCEMENT ACT.—Section 3167(a)(5) of the Department 
of Energy Science Education Enhancement Act (42 U.S.C. 
Definition. 
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122 STAT. 3468 
PUBLIC LAW 110–315—AUG. 14, 2008 
7381c–1(a)(5)) is amended by striking ‘‘the Tribally Con-
trolled College Assistance Act of 1978’’ and inserting ‘‘the 
Tribally Controlled Colleges and Universities Assistance 
Act of 1978’’. 
(N) ED 1.0 ACT.—The ED 1.0 Act (47 U.S.C. 902 note) 
is amended in subsection (a)(2)(C) by striking ‘‘the Tribally 
Controlled College or University Assistance Act of 1978’’ 
and inserting ‘‘the Tribally Controlled Colleges and Univer-
sities Assistance Act of 1978’’. 
Subpart 2—Navajo Higher Education 
SEC. 945. SHORT TITLE. 
This subpart may be cited as the ‘‘Navajo Nation Higher Edu-
cation Act of 2008’’. 
SEC. 946. REAUTHORIZATION OF NAVAJO COMMUNITY COLLEGE ACT. 
(a) PURPOSE.—Section 2 of the Navajo Community College Act 
(25 U.S.C. 640a) is amended— 
(1) by striking ‘‘Navajo Tribe of Indians’’ and inserting 
‘‘Navajo Nation’’; and 
(2) by striking ‘‘the Navajo Community College’’ and 
inserting ‘‘Dine
´ College’’. 
(b) GRANTS.—Section 3 of the Navajo Community College Act 
(25 U.S.C. 640b) is amended— 
(1) in the first sentence— 
(A) by inserting ‘‘the’’ before ‘‘Interior’’; 
(B) by striking ‘‘Navajo Tribe of Indians’’ and inserting 
‘‘Navajo Nation’’; and 
(C) by striking ‘‘the Navajo Community College’’ and 
inserting ‘‘Dine
´ College’’; and 
(2) in the second sentence— 
(A) by striking ‘‘Navajo Tribe’’ and inserting ‘‘Navajo 
Nation’’; and 
(B) by striking ‘‘Navajo Indians’’ and inserting ‘‘Navajo 
people’’. 
(c) STUDY
OF FACILITIES NEEDS.—Section 4 of the Navajo 
Community College Act (25 U.S.C. 640c) is amended— 
(1) in subsection (a)— 
(A) in the first sentence— 
(i) by striking ‘‘the Navajo Community College’’ 
and inserting ‘‘Dine College’’; and 
(ii) by striking ‘‘August 1, 1979’’ and inserting 
‘‘October 31, 2010’’; and 
(B) in the second sentence, by striking ‘‘Navajo Tribe’’ 
and inserting ‘‘Navajo Nation’’; 
(2) in subsection (b), by striking ‘‘the date of enactment 
of the Tribally Controlled Community College Assistance Act 
of 1978’’ and inserting ‘‘October 1, 2007’’; and 
(3) in subsection (c), in the first sentence, by striking ‘‘the 
Navajo Community College’’ and inserting ‘‘Dine
´ College’’. 
(d) AUTHORIZATION
OF
APPROPRIATIONS.—Section 5 of the 
Navajo Community College Act (25 U.S.C. 640c–1) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘$2,000,000’’ and all 
that follows through the end of the paragraph and inserting 
25 USC 640a 
note. 
Navajo Nation 
Higher Education 
Act of 2008. 
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122 STAT. 3469 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘such sums as are necessary for fiscal years 2009 through 
2014.’’; and 
(B) by adding at the end the following: 
‘‘(3) Sums described in paragraph (2) shall be used to provide 
grants for construction activities, including the construction of 
buildings, water and sewer facilities, roads, information technology 
and telecommunications infrastructure, classrooms, and external 
structures (such as walkways).’’; 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph (A)— 
(i) by striking ‘‘the Navajo Community College’’ 
and inserting ‘‘Dine
´ College’’; and 
(ii) by striking ‘‘, for each fiscal year’’ and all 
that follows through ‘‘for—’’ and inserting ‘‘such sums 
as are necessary for fiscal years 2009 through 2014 
to pay the cost of—’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘college’’ and inserting ‘‘College’’; 
(ii) in clauses (i) and (iii), by striking the commas 
at the ends of the clauses and inserting semicolons; 
and 
(iii) in clause (ii), by striking ‘‘, and’’ at the end 
and inserting ‘‘; and’’; 
(C) in subparagraph (B), by striking the comma at 
the end and inserting a semicolon; 
(D) in subparagraph (C), by striking ‘‘, and’’ at the 
end and inserting a semicolon; 
(E) in subparagraph (D), by striking the period at 
the end and inserting ‘‘; and’’; and 
(F) by adding at the end the following: 
‘‘(E) improving and expanding the College, including 
by providing, for the Navajo people and others in the 
community of the College— 
‘‘(i) higher education programs; 
‘‘(ii) career and technical education; 
‘‘(iii) activities relating to the preservation and 
protection of the Navajo language, philosophy, and cul-
ture; 
‘‘(iv) employment and training opportunities; 
‘‘(v) economic development and community out-
reach; and 
‘‘(vi) a safe learning, working, and living environ-
ment.’’; and 
(3) in subsection (c), by striking ‘‘the Navajo Community 
College’’ and inserting ‘‘Dine
´ College’’. 
(e) EFFECT ON OTHER LAWS.—Section 6 of the Navajo Commu-
nity College Act (25 U.S.C. 640c–2) is amended— 
(1) by striking ‘‘the Navajo Community College’’ each place 
it appears and inserting ‘‘Dine
´ College’’; and 
(2) in subsection (b), by striking ‘‘college’’ and inserting 
‘‘College’’. 
(f) PAYMENTS; INTEREST.—Section 7 of the Navajo Community 
College Act (25 U.S.C. 640c–3) is amended by striking ‘‘the Navajo 
Community College’’ each place it appears and inserting ‘‘Dine
´ 
College’’. 
Grants. 
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122 STAT. 3470 
PUBLIC LAW 110–315—AUG. 14, 2008 
PART E—OMNIBUS CRIME CONTROL AND SAFE 
STREETS ACT OF 1968 
SEC. 951. SHORT TITLE. 
This part may be cited as the ‘‘John R. Justice Prosecutors 
and Defenders Incentive Act of 2008’’. 
SEC. 952. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. 
Title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after 
part II (42 U.S.C. 3797cc et seq.) the following: 
‘‘PART JJ—LOAN REPAYMENT FOR 
PROSECUTORS AND PUBLIC DEFENDERS 
‘‘SEC. 3001. GRANT AUTHORIZATION. 
‘‘(a) PURPOSE.—The purpose of this section is to encourage 
qualified individuals to enter and continue employment as prosecu-
tors and public defenders. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) PROSECUTOR.—The term ‘prosecutor’ means a full-time 
employee of a State or unit of local government who— 
‘‘(A) is continually licensed to practice law; and 
‘‘(B) prosecutes criminal or juvenile delinquency cases 
at the State or unit of local government level (including 
supervision, education, or training of other persons pros-
ecuting such cases). 
‘‘(2) PUBLIC DEFENDER.—The term ‘public defender’ means 
an attorney who— 
‘‘(A) is continually licensed to practice law; and 
‘‘(B) is— 
‘‘(i) a full-time employee of a State or unit of local 
government who provides legal representation to 
indigent persons in criminal or juvenile delinquency 
cases (including supervision, education, or training of 
other persons providing such representation); 
‘‘(ii) a full-time employee of a nonprofit organiza-
tion operating under a contract with a State or unit 
of local government, who devotes substantially all of 
the employee’s full-time employment to providing legal 
representation to indigent persons in criminal or juve-
nile delinquency cases (including supervision, edu-
cation, or training of other persons providing such rep-
resentation); or 
‘‘(iii) employed as a full-time Federal defender 
attorney in a defender organization established pursu-
ant to subsection (g) of section 3006A of title 18, United 
States Code, that provides legal representation to 
indigent persons in criminal or juvenile delinquency 
cases. 
‘‘(3) STUDENT LOAN.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘student loan’ means— 
‘‘(i) a loan made, insured, or guaranteed under 
part B of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1071 et seq.); 
42 USC 
3797cc–21. 
42 USC 3711 
note. 
John R. Justice 
Prosecutors and 
Defenders 
Incentive 
Act of 2008. 
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122 STAT. 3471 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(ii) a loan made under part D or E of title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1087a 
et seq. and 1087aa et seq.); and 
‘‘(iii) a loan made under section 428C or 455(g) 
of the Higher Education Act of 1965 (20 U.S.C. 1078– 
3 and 1087e(g)). 
‘‘(B) EXCLUSION
OF
PARENT
PLUS
LOANS.—The term 
‘student loan’ does not include any of the following loans: 
‘‘(i) A loan made to the parents of a dependent 
student under section 428B of the Higher Education 
Act of 1965 (20 U.S.C. 1078–2). 
‘‘(ii) A Federal Direct PLUS Loan made to the 
parents of a dependent student. 
‘‘(iii) A loan made under section 428C or 455(g) 
of the Higher Education Act of 1965 (20 U.S.C. 1078– 
3 and 1087e(g)) to the extent that such loan was used 
to repay a loan described in clause (i) or (ii). 
‘‘(c) PROGRAM AUTHORIZED.—The Attorney General shall estab-
lish a program by which the Department of Justice shall assume 
the obligation to repay a student loan, by direct payments on 
behalf of a borrower to the holder of such loan, in accordance 
with subsection (d), for any borrower who— 
‘‘(1) is employed as a prosecutor or public defender; and 
‘‘(2) is not in default on a loan for which the borrower 
seeks forgiveness. 
‘‘(d) TERMS OF AGREEMENT.— 
‘‘(1) IN GENERAL.—To be eligible to receive repayment bene-
fits under subsection (c), a borrower shall enter into a written 
agreement that specifies that— 
‘‘(A) the borrower will remain employed as a prosecutor 
or public defender for a required period of service of not 
less than three years, unless involuntarily separated from 
that employment; 
‘‘(B) if the borrower is involuntarily separated from 
employment on account of misconduct, or voluntarily sepa-
rates from employment, before the end of the period speci-
fied in the agreement, the borrower will repay the Attorney 
General the amount of any benefits received by such 
employee under this section; 
‘‘(C) if the borrower is required to repay an amount 
to the Attorney General under subparagraph (B) and fails 
to repay such amount, a sum equal to that amount shall 
be recoverable by the Federal Government from the 
employee (or such employee’s estate, if applicable) by such 
methods as are provided by law for the recovery of amounts 
owed to the Federal Government; 
‘‘(D) the Attorney General may waive, in whole or 
in part, a right of recovery under this subsection if it 
is shown that recovery would be against equity and good 
conscience or against the public interest; and 
‘‘(E) the Attorney General shall make student loan 
payments under this section for the period of the agree-
ment, subject to the availability of appropriations. 
‘‘(2) REPAYMENTS.— 
‘‘(A) IN GENERAL.—Any amount repaid by, or recovered 
from, an individual or the estate of an individual under 
this subsection shall be credited to the appropriation 
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122 STAT. 3472 
PUBLIC LAW 110–315—AUG. 14, 2008 
account from which the amount involved was originally 
paid. 
‘‘(B) MERGER.—Any amount credited under subpara-
graph (A) shall be merged with other sums in such account 
and shall be available for the same purposes and period, 
and subject to the same limitations, if any, as the sums 
with which the amount was merged. 
‘‘(3) LIMITATIONS.— 
‘‘(A) STUDENT LOAN PAYMENT AMOUNT.—Student loan 
repayments made by the Attorney General under this sec-
tion shall be made subject to such terms, limitations, or 
conditions as may be mutually agreed upon by the borrower 
and the Attorney General in an agreement under para-
graph (1), except that the amount paid by the Attorney 
General under this section shall not exceed— 
‘‘(i) $10,000 for any borrower in any calendar year; 
or 
‘‘(ii) an aggregate total of $60,000 in the case of 
any borrower. 
‘‘(B) BEGINNING OF PAYMENTS.—Nothing in this section 
shall authorize the Attorney General to pay any amount 
to reimburse a borrower for any repayments made by such 
borrower prior to the date on which the Attorney General 
entered into an agreement with the borrower under this 
subsection. 
‘‘(e) ADDITIONAL AGREEMENTS.— 
‘‘(1) IN GENERAL.—On completion of the required period 
of service under an agreement under subsection (d), the bor-
rower and the Attorney General may, subject to paragraph 
(2), enter into an additional agreement in accordance with 
subsection (d). 
‘‘(2) TERM.—An agreement entered into under paragraph 
(1) may require the borrower to remain employed as a pros-
ecutor or public defender for less than three years. 
‘‘(f) AWARD BASIS; PRIORITY.— 
‘‘(1) AWARD BASIS.—Subject to paragraph (2), the Attorney 
General shall provide repayment benefits under this section— 
‘‘(A) giving priority to borrowers who have the least 
ability to repay their loans, except that the Attorney Gen-
eral shall determine a fair allocation of repayment benefits 
among prosecutors and public defenders, and among 
employing entities nationwide; and 
‘‘(B) subject to the availability of appropriations. 
‘‘(2) PRIORITY.—The Attorney General shall give priority 
in providing repayment benefits under this section in any fiscal 
year to a borrower who— 
‘‘(A) received repayment benefits under this section 
during the preceding fiscal year; and 
‘‘(B) has completed less than three years of the first 
required period of service specified for the borrower in 
an agreement entered into under subsection (d). 
‘‘(g) REGULATIONS.—The Attorney General is authorized to issue 
such regulations as may be necessary to carry out the provisions 
of this section. 
‘‘(h) REPORT BY INSPECTOR GENERAL.—Not later than three 
years after the date of the enactment of this section, the Inspector 
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122 STAT. 3473 
PUBLIC LAW 110–315—AUG. 14, 2008 
General of the Department of Justice shall submit to Congress 
a report on— 
‘‘(1) the cost of the program authorized under this section; 
and 
‘‘(2) the impact of such program on the hiring and retention 
of prosecutors and public defenders. 
‘‘(i) GAO STUDY.—Not later than one year after the date of 
the enactment of this section, the Comptroller General shall conduct 
a study of, and report to Congress on, the impact that law school 
accreditation requirements and other factors have on the costs 
of law school and student access to law school, including the impact 
of such requirements on racial and ethnic minorities. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section $25,000,000 for fiscal 
year 2009 and such sums as may be necessary for each of the 
five succeeding fiscal years.’’. 
PART F—INSTITUTIONAL LOAN REPAYMENT 
ASSISTANCE PROGRAMS 
SEC. 961. INSTITUTIONAL LOAN FORGIVENESS PROGRAMS. 
Notwithstanding any other provision of law— 
(1) a public or private institution of higher education may 
provide an officer or employee of any branch of the United 
States Government, of any independent agency of the United 
States, or of the District of Columbia, who is a current or 
former student of such institution, financial assistance for the 
purpose of repaying a student loan or providing forbearance 
of student loan repayment if— 
(A) such repayment or forbearance is provided to such 
officer or employee in accordance with a written, published 
policy of the institution relating to repaying or providing 
forbearance, respectively, for students or former students 
who perform public service; and 
(B) in the case of a former student of the institution 
of higher education, the policy described in subparagraph 
(A) was in effect at the institution of higher education 
on the day before the date such officer or employee grad-
uated from or otherwise ceased being a student at such 
institution; and 
(2) an officer or employee of any branch of the United 
States Government, of any independent agency of the United 
States, or of the District of Columbia may receive repayment 
or forbearance permitted under paragraph (1). 
PART G—MINORITY SERVING INSTITUTION 
DIGITAL AND WIRELESS TECHNOLOGY OP-
PORTUNITY PROGRAM 
SEC. 971. MINORITY SERVING INSTITUTION DIGITAL AND WIRELESS 
TECHNOLOGY OPPORTUNITY PROGRAM. 
Section 5 of the Stevenson-Wydler Technology Innovation Act 
of 1980 (15 U.S.C. 3704) is amended by inserting after subsection 
(b) the following: 
‘‘(c) MINORITY SERVING INSTITUTION DIGITAL
AND WIRELESS 
TECHNOLOGY OPPORTUNITY PROGRAM.— 
5 USC 5379 
note. 
Deadline. 
Reports. 
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122 STAT. 3474 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(1) IN GENERAL.—The Secretary shall establish a Minority 
Serving Institution Digital and Wireless Technology Oppor-
tunity Program that awards grants, cooperative agreements, 
and contracts to eligible institutions to enable the eligible 
institutions in acquiring, and augmenting the institutions’ use 
of, digital and wireless networking technologies to improve 
the quality and delivery of educational services at eligible 
institutions. 
‘‘(2) APPLICATION AND REVIEW PROCEDURES.— 
‘‘(A) IN GENERAL.—To be eligible to receive a grant, 
cooperative agreement, or contract under this subsection, 
an eligible institution shall submit an application to the 
Secretary at such time, in such manner, and containing 
such information as the Secretary may require. Such 
application, at a minimum, shall include a description of 
how the funds will be used, including a description of 
any digital and wireless networking technology to be 
acquired, and a description of how the institution will 
ensure that digital and wireless networking technology will 
be made accessible to, and employed by, students, faculty, 
and 
administrators. 
The 
Secretary, 
consistent 
with 
subparagraph (C) and in consultation with the advisory 
council established under subparagraph (B), shall establish 
procedures to review such applications. The Secretary shall 
publish the application requirements and review criteria 
in the Federal Register, along with a statement describing 
the availability of funds. 
‘‘(B) ADVISORY COUNCIL.—The Secretary shall establish 
an advisory council to advise the Secretary on the best 
approaches to encourage maximum participation by eligible 
institutions in the program established under paragraph 
(1), and on the procedures to review applications submitted 
to the program. In selecting the members of the advisory 
council, the Secretary shall consult with representatives 
of appropriate organizations, including representatives of 
eligible institutions, to ensure that the membership of the 
advisory council includes representatives of minority 
businesses and eligible institution communities. The Sec-
retary shall also consult with experts in digital and wireless 
networking technology to ensure that such expertise is 
represented on the advisory council. 
‘‘(C) REVIEW
PANELS.—Each application submitted 
under this subsection by an eligible institution shall be 
reviewed by a panel of individuals selected by the Secretary 
to judge the quality and merit of the proposal, including 
the extent to which the eligible institution can effectively 
and successfully utilize the proposed grant, cooperative 
agreement, or contract to carry out the program described 
in paragraph (1). The Secretary shall ensure that the 
review panels include representatives of minority serving 
institutions and others who are knowledgeable about 
eligible institutions and technology issues. The Secretary 
shall ensure that no individual assigned under this sub-
section to review any application has a conflict of interest 
with regard to that application. The Secretary shall take 
into consideration the recommendations of the review panel 
Federal Register, 
publication. 
Requirements. 
Criteria. 
Procedures. 
Grants. 
Contracts. 
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122 STAT. 3475 
PUBLIC LAW 110–315—AUG. 14, 2008 
in determining whether to award a grant, cooperative 
agreement, or contract to an eligible institution. 
‘‘(3) AWARDS.— 
‘‘(A) LIMITATION.—An eligible institution that receives 
a grant, cooperative agreement, or contract under this sub-
section that exceeds $2,500,000 shall not be eligible to 
receive another grant, cooperative agreement, or contract 
under this subsection. 
‘‘(B) CONSORTIA.—Grants, cooperative agreements, and 
contracts may only be awarded to eligible institutions. 
Eligible institutions may seek funding under this sub-
section for consortia, which may include other eligible 
institutions, a State or a State educational agency, local 
educational agencies, institutions of higher education, 
community-based 
organizations, 
national 
nonprofit 
organizations, or businesses, including minority businesses. 
‘‘(C) PLANNING GRANTS.—The Secretary may provide 
funds to develop strategic plans to implement grants, 
cooperative agreements, or contracts awarded under this 
subsection. 
‘‘(D) INSTITUTIONAL
DIVERSITY.—In awarding grants, 
cooperative agreements, and contracts to eligible institu-
tions, the Secretary shall ensure, to the extent practicable, 
that awards are made to all types of institutions eligible 
for assistance under this subsection. 
‘‘(E) NEED.—In awarding funds under this subsection, 
the Secretary shall give priority to the eligible institution 
with the greatest demonstrated need for assistance. 
‘‘(4) AUTHORIZED ACTIVITIES.—An eligible institution may 
use a grant, cooperative agreement, or contract awarded under 
this subsection— 
‘‘(A) to acquire equipment, instrumentation, net-
working capability, hardware and software, digital network 
technology, wireless technology, and infrastructure to fur-
ther the objective of the program described in paragraph 
(1); 
‘‘(B) to develop and provide training, education, and 
professional development programs, including faculty 
development, to increase the use of, and usefulness of, 
digital and wireless networking technology; 
‘‘(C) to provide teacher education, including the provi-
sion of preservice teacher training and in-service profes-
sional development at eligible institutions, library and 
media specialist training, and preschool and teacher aid 
certification to individuals who seek to acquire or enhance 
technology skills in order to use digital and wireless net-
working technology in the classroom or instructional 
process, including instruction in science, mathematics, 
engineering, and technology subjects; 
‘‘(D) to obtain capacity-building technical assistance, 
including through remote technical support, technical 
assistance workshops, and distance learning services; or 
‘‘(E) to foster the use of digital and wireless networking 
technology to improve research and education, including 
scientific, 
mathematics, 
engineering, 
and 
technology 
instruction. 
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122 STAT. 3476 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(5) INFORMATION
DISSEMINATION.—The Secretary shall 
convene an annual meeting of eligible institutions receiving 
grants, cooperative agreements, or contracts under this sub-
section to foster collaboration and capacity-building activities 
among eligible institutions. 
‘‘(6) MATCHING
REQUIREMENT.—The Secretary may not 
award a grant, cooperative agreement, or contract to an eligible 
institution under this subsection unless such institution agrees 
that, with respect to the costs incurred by the institution in 
carrying out the program for which the grant, cooperative agree-
ment, or contract was awarded, such institution shall make 
available, directly, or through donations from public or private 
entities, non-Federal contributions in an amount equal to 25 
percent of the grant, cooperative agreement, or contract 
awarded by the Secretary, or $500,000, whichever is the lesser 
amount. The Secretary shall waive the matching requirement 
for any institution or consortium with no endowment, or an 
endowment that has a current dollar value lower than 
$50,000,000. 
‘‘(7) ANNUAL REPORT AND ASSESSMENTS.— 
‘‘(A) ANNUAL
REPORT
REQUIRED
FROM
RECIPIENTS.— 
Each eligible institution that receives a grant, cooperative 
agreement, or contract awarded under this subsection shall 
provide an annual report to the Secretary on its use of 
the grant, cooperative agreement, or contract. 
‘‘(B) INDEPENDENT ASSESSMENTS.— 
‘‘(i) CONTRACT
TO
CONDUCT
ASSESSMENTS.—Not 
later than 6 months after the date of enactment of 
this subsection, the Secretary shall enter into a con-
tract with the National Academy of Public Administra-
tion to conduct periodic assessments of the program 
established under paragraph (1). The assessments shall 
be conducted once every 3 years during the 10-year 
period following the date of enactment of this sub-
section. 
‘‘(ii) EVALUATIONS
AND
RECOMMENDATIONS.—The 
assessments described in clause (i) shall include— 
‘‘(I) an evaluation of the effectiveness of the 
program established under paragraph (1) in 
improving the education and training of students, 
faculty, and staff at eligible institutions that have 
been awarded grants, cooperative agreements, or 
contracts under the program; 
‘‘(II) an evaluation of the effectiveness of the 
program in improving access to, and familiarity 
with, digital and wireless networking technology 
for students, faculty, and staff at all eligible 
institutions; 
‘‘(III) an evaluation of the procedures estab-
lished under paragraph (2)(A); and 
‘‘(IV) recommendations for improving the pro-
gram, including recommendations concerning the 
continuing need for Federal support. 
‘‘(iii) REVIEW
OF
REPORTS.—In carrying out the 
assessments under this subparagraph, the National 
Academy of Public Administration shall review the 
Deadlines. 
Waiver authority. 
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122 STAT. 3477 
PUBLIC LAW 110–315—AUG. 14, 2008 
reports submitted to the Secretary under subparagraph 
(A). 
‘‘(iv) REPORT TO CONGRESS.—Upon completion of 
each assessment under this subparagraph, the Sec-
retary shall transmit the assessment to Congress along 
with a summary of the Secretary’s plans, if any, to 
implement the recommendations of the National 
Academy of Public Administration. 
‘‘(8) DEFINITIONS.—In this subsection: 
‘‘(A) 
DIGITAL
AND
WIRELESS
NETWORKING
TECH-
NOLOGY.—The term ‘digital and wireless networking tech-
nology’ means computer and communications equipment 
and software that facilitates the transmission of informa-
tion in a digital format. 
‘‘(B) ELIGIBLE INSTITUTION.—The term ‘eligible institu-
tion’ means an institution that is— 
‘‘(i) a part B institution, as defined in section 322(2) 
of the Higher Education Act of 1965 (20 U.S.C. 
1061(2)), an institution identified in subparagraph (A), 
(B), or (C) of section 326(e)(1) of such Act (20 U.S.C. 
1063b(e)(1)(A), (B), or (C)), or a consortium of institu-
tions described in this clause; 
‘‘(ii) a Hispanic-serving institution, as defined in 
section 502(a)(5) of the Higher Education Act of 1965 
(20 U.S.C. 1101a(a)(5)); 
‘‘(iii) a Tribal College or University, as defined 
in section 316(b)(3) of the Higher Education Act of 
1965 (20 U.S.C. 1059c(b)(3)); 
‘‘(iv) an Alaska Native-serving institution, as 
defined in section 317(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1059d(b)); 
‘‘(v) a Native Hawaiian-serving institution, as 
defined in section 317(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1059d(b)); 
‘‘(vi) a Predominately Black Institution, as defined 
in section 318 of the Higher Education Act of 1965 
(20 U.S.C. 1059e); 
‘‘(vii) a Native American-serving, nontribal institu-
tion, as defined in section 319 of the Higher Education 
Act of 1965 (20 U.S.C. 1059f); 
‘‘(viii) an Asian American and Native American 
Pacific Islander-serving institution, as defined in sec-
tion 320 of the Higher Education Act of 1965 (20 U.S.C. 
1059g); or 
‘‘(ix) a minority institution, as defined in section 
365 of the Higher Education Act of 1965 (20 U.S.C. 
1067k), with an enrollment of needy students, as 
defined in section 312(d) of the Higher Education Act 
of 1965 (20 U.S.C. 1058(d)). 
‘‘(C) INSTITUTION
OF
HIGHER
EDUCATION.—The term 
‘institution of higher education’ has the meaning given 
the term in section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001). 
‘‘(D) LOCAL
EDUCATIONAL
AGENCY.—The term ‘local 
educational agency’ has the meaning given the term in 
section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801). 
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122 STAT. 3478 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(E) MINORITY BUSINESS.—The term ‘minority business’ 
includes HUBZone small business concerns (as defined in 
section 3(p) of the Small Business Act (15 U.S.C. 632(p))). 
‘‘(F) MINORITY INDIVIDUAL.—The term ‘minority indi-
vidual’ means an American Indian, Alaskan Native, Black 
(not of Hispanic origin), Hispanic (including persons of 
Mexican, Puerto Rican, Cuban, and Central or South Amer-
ican origin), or Pacific Islander individual. 
‘‘(G) STATE.—The term ‘State’ has the meaning given 
the term in section 9101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
‘‘(H) STATE
EDUCATIONAL
AGENCY.—The term ‘State 
educational agency’ has the meaning given the term in 
section 9101 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7801).’’. 
SEC. 972. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Secretary of 
Commerce to carry out section 5(c) of the Stevenson-Wydler Tech-
nology Innovation Act of 1980 such sums as may be necessary 
for each of the fiscal years 2009 through 2012. 
TITLE X—PRIVATE STUDENT LOAN 
IMPROVEMENT 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Private Student Loan Trans-
parency and Improvement Act of 2008’’. 
SEC. 1002. REGULATIONS. 
Not later than 365 days after the date of enactment of this 
Act, the Board of Governors of the Federal Reserve System shall 
issue regulations in final form to implement paragraphs (1), (2), 
(3), (4), (6), (7), and (8) of section 128(e) and section 140(c) of 
the Truth in Lending Act, as added by this title, which regulations 
shall become effective not later than 6 months after their date 
of issuance. 
SEC. 1003. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection (b) and 
as otherwise provided in this title, this title and the amendments 
made by this title shall become effective on the date of enactment 
of this Act. 
(b) EFFECT NOTWITHSTANDING REGULATIONS.—Paragraphs (1), 
(2), (3), (4), (6), (7), and (8) of section 128(e) and section 140(c) 
of the Truth in Lending Act, as added by this title, shall become 
effective on the earlier of the date on which regulations issued 
under section 1002 become effective or 18 months after the date 
of enactment of this Act. 
15 USC 1638 
note. 
Deadlines. 
Effective date. 
15 USC 1638 
note. 
15 USC 1601 
note. 
Private Student 
Loan 
Transparency 
and 
Improvement 
Act of 2008. 
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122 STAT. 3479 
PUBLIC LAW 110–315—AUG. 14, 2008 
Subtitle A—Preventing Unfair and Decep-
tive Private Educational Lending Prac-
tices and Eliminating Conflicts of Inter-
est 
SEC. 1011. AMENDMENT TO THE TRUTH IN LENDING ACT. 
(a) PREVENTING UNFAIR AND DECEPTIVE PRIVATE EDUCATIONAL 
LENDING PRACTICES AND CONFLICTS OF INTEREST.—Chapter 2 of 
the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended 
by adding at the end the following new section: 
‘‘§ 140. Preventing unfair and deceptive private educational 
lending practices and eliminating conflicts of 
interest 
‘‘(a) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘covered educational institution’— 
‘‘(A) means any educational institution that offers a 
postsecondary educational degree, certificate, or program 
of study (including any institution of higher education); 
and 
‘‘(B) includes an agent, officer, or employee of the edu-
cational institution; 
‘‘(2) the term ‘gift’— 
‘‘(A)(i) means any gratuity, favor, discount, entertain-
ment, hospitality, loan, or other item having more than 
a de minimis monetary value, including services, transpor-
tation, lodging, or meals, whether provided in kind, by 
purchase of a ticket, payment in advance, or reimbursement 
after the expense has been incurred; and 
‘‘(ii) includes an item described in clause (i) provided 
to a family member of an officer, employee, or agent of 
a covered educational institution, or to any other individual 
based on that individual’s relationship with the officer, 
employee, or agent, if— 
‘‘(I) the item is provided with the knowledge and 
acquiescence of the officer, employee, or agent; and 
‘‘(II) the officer, employee, or agent has reason 
to believe the item was provided because of the official 
position of the officer, employee, or agent; and 
‘‘(B) does not include— 
‘‘(i) standard informational material related to a 
loan, default aversion, default prevention, or financial 
literacy; 
‘‘(ii) food, refreshments, training, or informational 
material furnished to an officer, employee, or agent 
of a covered educational institution, as an integral 
part of a training session or through participation in 
an advisory council that is designed to improve the 
service of the private educational lender to the covered 
educational institution, if such training or participation 
contributes to the professional development of the 
officer, employee, or agent of the covered educational 
institution; 
15 USC 1650. 
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122 STAT. 3480 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(iii) favorable terms, conditions, and borrower 
benefits on a private education loan provided to a 
student employed by the covered educational institu-
tion, if such terms, conditions, or benefits are not pro-
vided because of the student’s employment with the 
covered educational institution; 
‘‘(iv) the provision of financial literacy counseling 
or services, including counseling or services provided 
in coordination with a covered educational institution, 
to the extent that such counseling or services are not 
undertaken to secure— 
‘‘(I) applications for private education loans 
or private education loan volume; 
‘‘(II) applications or loan volume for any loan 
made, insured, or guaranteed under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.); or 
‘‘(III) the purchase of a product or service of 
a specific private educational lender; 
‘‘(v) philanthropic contributions to a covered edu-
cational institution from a private educational lender 
that are unrelated to private education loans and are 
not made in exchange for any advantage related to 
private education loans; or 
‘‘(vi) State education grants, scholarships, or finan-
cial aid funds administered by or on behalf of a State; 
‘‘(3) the term ‘institution of higher education’ has the same 
meaning as in section 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002); 
‘‘(4) the term ‘postsecondary educational expenses’ means 
any of the expenses that are included as part of the cost 
of attendance of a student, as defined under section 472 of 
the Higher Education Act of 1965 (20 U.S.C. 1087ll); 
‘‘(5) the term ‘preferred lender arrangement’ has the same 
meaning as in section 151 of the Higher Education Act of 
1965; 
‘‘(6) the term ‘private educational lender’ means— 
‘‘(A) a financial institution, as defined in section 3 
of the Federal Deposit Insurance Act (12 U.S.C. 1813) 
that solicits, makes, or extends private education loans; 
‘‘(B) a Federal credit union, as defined in section 101 
of the Federal Credit Union Act (12 U.S.C. 1752) that 
solicits, makes, or extends private education loans; and 
‘‘(C) any other person engaged in the business of solic-
iting, making, or extending private education loans; 
‘‘(7) the term ‘private education loan’— 
‘‘(A) means a loan provided by a private educational 
lender that— 
‘‘(i) is not made, insured, or guaranteed under 
of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.); and 
‘‘(ii) is issued expressly for postsecondary edu-
cational expenses to a borrower, regardless of whether 
the loan is provided through the educational institution 
that the subject student attends or directly to the 
borrower from the private educational lender; and 
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122 STAT. 3481 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(B) does not include an extension of credit under 
an open end consumer credit plan, a reverse mortgage 
transaction, a residential mortgage transaction, or any 
other loan that is secured by real property or a dwelling; 
and 
‘‘(8) the term ‘revenue sharing’ means an arrangement 
between a covered educational institution and a private edu-
cational lender under which— 
‘‘(A) a private educational lender provides or issues 
private education loans with respect to students attending 
the covered educational institution; 
‘‘(B) the covered educational institution recommends 
to students or others the private educational lender or 
the private education loans of the private educational 
lender; and 
‘‘(C) the private educational lender pays a fee or pro-
vides other material benefits, including profit sharing, to 
the covered educational institution in connection with the 
private education loans provided to students attending the 
covered educational institution or a borrower acting on 
behalf of a student. 
‘‘(b) PROHIBITION
ON CERTAIN GIFTS
AND ARRANGEMENTS.— 
A private educational lender may not, directly or indirectly— 
‘‘(1) offer or provide any gift to a covered educational 
institution in exchange for any advantage or consideration pro-
vided to such private educational lender related to its private 
education loan activities; or 
‘‘(2) engage in revenue sharing with a covered educational 
institution. 
‘‘(c) PROHIBITION
ON CO-BRANDING.—A private educational 
lender may not use the name, emblem, mascot, or logo of the 
covered educational institution, or other words, pictures, or symbols 
readily identified with the covered educational institution, in the 
marketing of private education loans in any way that implies that 
the covered educational institution endorses the private education 
loans offered by the private educational lender. 
‘‘(d) ADVISORY BOARD COMPENSATION.—Any person who is 
employed in the financial aid office of a covered educational institu-
tion, or who otherwise has responsibilities with respect to private 
education loans or other financial aid of the institution, and who 
serves on an advisory board, commission, or group established 
by a private educational lender or group of such lenders shall 
be prohibited from receiving anything of value from the private 
educational lender or group of lenders. Nothing in this subsection 
prohibits the reimbursement of reasonable expenses incurred by 
an employee of a covered educational institution as part of their 
service on an advisory board, commission, or group described in 
this subsection. 
‘‘(e) PROHIBITION ON PREPAYMENT OR REPAYMENT FEES OR PEN-
ALTY.—It shall be unlawful for any private educational lender to 
impose a fee or penalty on a borrower for early repayment or 
prepayment of any private education loan.’’. 
(b) CONFORMING AMENDMENT TO TRUTH IN LENDING ACT.— 
Section 103(f) of the Truth in Lending Act (15 U.S.C. 1602(f)) 
is amended by adding at the end the following: ‘‘The term ‘creditor’ 
includes a private educational lender (as that term is defined in 
section 140) for purposes of this title.’’. 
Definition. 
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122 STAT. 3482 
PUBLIC LAW 110–315—AUG. 14, 2008 
(c) DISCLOSURES
OF
REIMBURSEMENTS
FOR
SERVICE
ON 
ADVISORY BOARDS.— 
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 
1092), as amended by this Act, is further amended by adding 
at the end the following: 
‘‘(m) DISCLOSURES
OF
REIMBURSEMENTS
FOR
SERVICE
ON 
ADVISORY BOARDS.— 
‘‘(1) DISCLOSURE.—Each institution of higher education 
participating in any program under this title shall report, on 
an annual basis, to the Secretary, any reasonable expenses 
paid or provided under section 140(d) of the Truth in Lending 
Act to any employee who is employed in the financial aid 
office of the institution, or who otherwise has responsibilities 
with respect to education loans or other financial aid of the 
institution. Such reports shall include— 
‘‘(A) the amount for each specific instance of reasonable 
expenses paid or provided; 
‘‘(B) the name of the financial aid official, other 
employee, or agent to whom the expenses were paid or 
provided; 
‘‘(C) the dates of the activity for which the expenses 
were paid or provided; and 
‘‘(D) a brief description of the activity for which the 
expenses were paid or provided. 
‘‘(2) REPORT TO CONGRESS.—The Secretary shall summarize 
the information received from institutions of higher education 
under paragraph (1) in a report and transmit such report 
annually to the authorizing committees.’’. 
SEC. 1012. CIVIL LIABILITY. 
(a) IN GENERAL.—Section 130 of the Truth in Lending Act 
(15 U.S.C. 1640) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting ‘‘or 128(e)(7)’’ after 
‘‘section 125’’; and 
(B) in the fourth sentence of the undesignated matter 
at the end— 
(i) by striking ‘‘125 or’’ and inserting ‘‘125,’’; and 
(ii) by inserting ‘‘of subparagraphs (A), (B), (D), 
(F), or (J) of section 128(e)(2) (for purposes of paragraph 
(2) or (4) of section 128(e)), or paragraph (4)(C), (6), 
(7), or (8) of section 128(e),’’ before ‘‘or for failing’’; 
(2) in subsection (e), by inserting before the first period 
the following: ‘‘or, in the case of a violation involving a private 
education loan (as that term is defined in section 140(a)), 1 
year from the date on which the first regular payment of 
principal is due under the loan’’; and 
(3) by adding at the end the following: 
‘‘(j) PRIVATE EDUCATIONAL LENDER.—A private educational 
lender (as that term is defined in section 140(a)) has no liability 
under this section for failure to comply with section 128(e)(3)).’’. 
(b) EFFECTIVE DATE.—The amendments made by this section 
shall have the same effective date as provisions referred to in 
section 1003(b). 
15 USC 1640 
note. 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3483 
PUBLIC LAW 110–315—AUG. 14, 2008 
SEC. 1013. CLERICAL AMENDMENT. 
The table of sections for chapter 2 of title I of the Truth 
in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding 
at the end the following: 
‘‘140. Preventing unfair and deceptive private educational lending practices and 
eliminating conflicts of interest.’’. 
Subtitle B—Improved Disclosures for 
Private Education Loans 
SEC. 1021. PRIVATE EDUCATION LOAN DISCLOSURES AND LIMITA-
TIONS. 
(a) TRUTH
IN LENDING ACT.—Section 128 of the Truth in 
Lending Act (15 U.S.C. 1638) is amended by adding at the end 
the following: 
‘‘(e) TERMS AND DISCLOSURE WITH RESPECT TO PRIVATE EDU-
CATION LOANS.— 
‘‘(1) DISCLOSURES REQUIRED IN PRIVATE EDUCATION LOAN 
APPLICATIONS AND SOLICITATIONS.—In any application for a pri-
vate education loan, or a solicitation for a private education 
loan without requiring an application, the private educational 
lender shall disclose to the borrower, clearly and conspicu-
ously— 
‘‘(A) the potential range of rates of interest applicable 
to the private education loan; 
‘‘(B) whether the rate of interest applicable to the 
private education loan is fixed or variable; 
‘‘(C) limitations on interest rate adjustments, both in 
terms of frequency and amount, or the lack thereof, if 
applicable; 
‘‘(D) requirements for a co-borrower, including any 
changes in the applicable interest rates without a co-bor-
rower; 
‘‘(E) potential finance charges, late fees, penalties, and 
adjustments to principal, based on defaults or late pay-
ments of the borrower; 
‘‘(F) fees or range of fees applicable to the private 
education loan; 
‘‘(G) the term of the private education loan; 
‘‘(H) whether interest will accrue while the student 
to whom the private education loan relates is enrolled 
at a covered educational institution; 
‘‘(I) payment deferral options; 
‘‘(J) general eligibility criteria for the private education 
loan; 
‘‘(K) an example of the total cost of the private edu-
cation loan over the life of the loan— 
‘‘(i) which shall be calculated using the principal 
amount and the maximum rate of interest actually 
offered by the private educational lender; and 
‘‘(ii) calculated both with and without capitaliza-
tion of interest, if an option exists for postponing 
interest payments; 
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122 STAT. 3484 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(L) that a covered educational institution may have 
school-specific education loan benefits and terms not 
detailed on the disclosure form; 
‘‘(M) that the borrower may qualify for Federal student 
financial assistance through a program under title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.), 
in lieu of, or in addition to, a loan from a non-Federal 
source; 
‘‘(N) the interest rates available with respect to such 
Federal student financial assistance through a program 
under title IV of the Higher Education Act of 1965 (20 
U.S.C. 1070 et seq.); 
‘‘(O) that, as provided in paragraph (6)— 
‘‘(i) the borrower shall have the right to accept 
the terms of the loan and consummate the transaction 
at any time within 30 calendar days (or such longer 
period as the private educational lender may provide) 
following the date on which the application for the 
private education loan is approved and the borrower 
receives the disclosure documents required under this 
subsection for the loan; and 
‘‘(ii) except for changes based on adjustments to 
the index used for a loan, the rates and terms of 
the loan may not be changed by the private educational 
lender during the period described in clause (i); 
‘‘(P) that, before a private education loan may be con-
summated, the borrower must obtain from the relevant 
institution of higher education the form required under 
paragraph (3), and complete, sign, and return such form 
to the private educational lender; 
‘‘(Q) that the consumer may obtain additional informa-
tion concerning such Federal student financial assistance 
from their institution of higher education, or at the website 
of the Department of Education; and 
‘‘(R) such other information as the Board shall pre-
scribe, by rule, as necessary or appropriate for consumers 
to make informed borrowing decisions. 
‘‘(2) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION LOAN 
APPROVAL.—Contemporaneously with the approval of a private 
education loan application, and before the loan transaction 
is consummated, the private educational lender shall disclose 
to the borrower, clearly and conspicuously— 
‘‘(A) the applicable rate of interest in effect on the 
date of approval; 
‘‘(B) whether the rate of interest applicable to the 
private education loan is fixed or variable; 
‘‘(C) limitations on interest rate adjustments, both in 
terms of frequency and amount, or the lack thereof, if 
applicable; 
‘‘(D) the initial approved principal amount; 
‘‘(E) applicable finance charges, late fees, penalties, 
and adjustments to principal, based on borrower defaults 
or late payments, including limitations on the discharge 
of a private education loan in bankruptcy; 
‘‘(F) fees or range of fees applicable to the private 
education loan; 
Regulations. 
Deadline. 
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122 STAT. 3485 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(G) the maximum term under the private education 
loan program; 
‘‘(H) an estimate of the total amount for repayment, 
at both the interest rate in effect on the date of approval 
and at the maximum possible rate of interest offered by 
the private educational lender and applicable to the bor-
rower, to the extent that such maximum rate may be 
determined, or if not, a good faith estimate thereof; 
‘‘(I) any principal and interest payments required while 
the student for whom the private education loan is intended 
is enrolled at a covered educational institution and unpaid 
interest that will accrue during such enrollment; 
‘‘(J) payment deferral options applicable to the bor-
rower; 
‘‘(K) whether monthly payments are graduated; 
‘‘(L) that, as provided in paragraph (6)— 
‘‘(i) the borrower shall have the right to accept 
the terms of the loan and consummate the transaction 
at any time within 30 calendar days (or such longer 
period as the private educational lender may provide) 
following the date on which the application for the 
private education loan is approved and the borrower 
receives the disclosure documents required under this 
subsection for the loan; and 
‘‘(ii) except for changes based on adjustments to 
the index used for a loan, the rates and terms of 
the loan may not be changed by the private educational 
lender during the period described in clause (i); 
‘‘(M) that the borrower — 
‘‘(i) may qualify for Federal financial assistance 
through a program under title IV of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1070 et seq.), in lieu 
of, or in addition to, a loan from a non-Federal source; 
and 
‘‘(ii) may obtain additional information concerning 
such assistance from their institution of higher edu-
cation or the website of the Department of Education; 
‘‘(N) the interest rates available with respect to such 
Federal financial assistance through a program under title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 
et seq.); 
‘‘(O) the maximum monthly payment, calculated using 
the maximum rate of interest actually offered by the private 
educational lender and applicable to the borrower, to the 
extent that such maximum rate may be determined, or 
if not, a good faith estimate thereof; and 
‘‘(P) such other information as the Board shall pre-
scribe, by rule, as necessary or appropriate for consumers 
to make informed borrowing decisions. 
‘‘(3) SELF-CERTIFICATION OF INFORMATION.— 
‘‘(A) IN GENERAL.—Before a private educational lender 
may consummate a private education loan with respect 
to a student attending an institution of higher education, 
the lender shall obtain from the applicant for the private 
education loan the form developed by the Secretary of 
Education under section 155 of the Higher Education Act 
Regulations. 
Deadline. 
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122 STAT. 3486 
PUBLIC LAW 110–315—AUG. 14, 2008 
of 1965, signed by the applicant, in written or electronic 
form. 
‘‘(B) RULE OF CONSTRUCTION.—No other provision of 
this subsection shall be construed to require a private 
educational lender to perform any additional duty under 
this paragraph, other than collecting the form required 
under subparagraph (A). 
‘‘(4) DISCLOSURES AT THE TIME OF PRIVATE EDUCATION LOAN 
CONSUMMATION.—Contemporaneously with the consummation 
of a private education loan, a private educational lender shall 
make to the borrower each of the disclosures described in— 
‘‘(A) paragraph (2)(A) (adjusted, as necessary, for the 
rate of interest in effect on the date of consummation, 
based on the index used for the loan); 
‘‘(B) subparagraphs (B) through (K) and (M) through 
(P) of paragraph (2); and 
‘‘(C) paragraph (7). 
‘‘(5) FORMAT OF DISCLOSURES.— 
‘‘(A) MODEL FORM.—Not later than 2 years after the 
date of enactment of this subsection, the Board shall, based 
on consumer testing, and in consultation with the Secretary 
of Education, develop and issue model forms that may 
be used, at the option of the private educational lender, 
for the provision of disclosures required under this sub-
section. 
‘‘(B) FORMAT.—Model forms developed under this para-
graph shall— 
‘‘(i) be comprehensible to borrowers, with a clear 
format and design; 
‘‘(ii) provide for clear and conspicuous disclosures; 
‘‘(iii) enable borrowers easily to identify material 
terms of the loan and to compare such terms among 
private education loans; and 
‘‘(iv) be succinct, and use an easily readable type 
font. 
‘‘(C) SAFE
HARBOR.—Any private educational lender 
that elects to provide a model form developed under this 
subsection that accurately reflects the practices of the pri-
vate educational lender shall be deemed to be in compliance 
with the disclosures required under this subsection. 
‘‘(6) EFFECTIVE
PERIOD
OF
APPROVED
RATE
OF
INTEREST 
AND LOAN TERMS.— 
‘‘(A) IN GENERAL.—With respect to a private education 
loan, the borrower shall have the right to accept the terms 
of the loan and consummate the transaction at any time 
within 30 calendar days (or such longer period as the 
private educational lender may provide) following the date 
on which the application for the private education loan 
is approved and the borrower receives the disclosure docu-
ments required under this subsection for the loan, and 
the rates and terms of the loan may not be changed by 
the private educational lender during that period. 
‘‘(B) PROHIBITION
ON
CHANGES.—Except for changes 
based on adjustments to the index used for a loan, the 
rates and terms of the loan may not be changed by the 
private educational lender prior to the earlier of— 
Deadline. 
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122 STAT. 3487 
PUBLIC LAW 110–315—AUG. 14, 2008 
‘‘(i) the date of acceptance of the terms of the 
loan and consummation of the transaction by the bor-
rower, as described in subparagraph (A); or 
‘‘(ii) the expiration of the period described in 
subparagraph (A). 
‘‘(7) RIGHT TO CANCEL.—With respect to a private education 
loan, the borrower may cancel the loan, without penalty to 
the borrower, at any time within 3 business days of the date 
on which the loan is consummated, and the private educational 
lender shall disclose such right to the borrower in accordance 
with paragraph (4). 
‘‘(8) PROHIBITION
ON
DISBURSEMENT.—No funds may be 
disbursed with respect to a private education loan until the 
expiration of the 3-day period described in paragraph (7). 
‘‘(9) BOARD
REGULATIONS.—In issuing regulations under 
this subsection, the Board shall prevent, to the extent possible, 
duplicative disclosure requirements for private educational 
lenders that are otherwise required to make disclosures under 
this title, except that in any case in which the disclosure 
requirements of this subsection differ or conflict with the disclo-
sure requirements of any other provision of this title, the 
requirements of this subsection shall be controlling. 
‘‘(10) DEFINITIONS.—For purposes of this subsection, the 
terms ‘covered educational institution’, ‘private educational 
lender’, and ‘private education loan’ have the same meanings 
as in section 140. 
‘‘(11) DUTIES
OF
LENDERS
PARTICIPATING
IN
PREFERRED 
LENDER ARRANGEMENTS.—Each private educational lender that 
has a preferred lender arrangement with a covered educational 
institution shall annually, by a date determined by the Board, 
in consultation with the Secretary of Education, provide to 
the covered educational institution such information as the 
Board determines to include in the model form developed under 
paragraph (5) for each type of private education loan that 
the lender plans to offer to students attending the covered 
educational institution, or to the families of such students, 
for the next award year (as that term is defined in section 
481 of the Higher Education Act of 1965).’’. 
(b) SELF-CERTIFICATION FORM.—Part E of title I of the Higher 
Education Act of 1965, as added by this Act, is further amended 
by inserting after section 154 the following: 
‘‘SEC. 155. SELF-CERTIFICATION FORM FOR PRIVATE EDUCATION 
LOANS. 
‘‘(a) IN GENERAL.—The Secretary, in consultation with the 
Board of Governors of the Federal Reserve System, shall develop 
the self-certification form for private education loans that shall 
be used to satisfy the requirements of section 128(e)(3) of the 
Truth in Lending Act. Such form shall— 
‘‘(1) be developed in a standardized format; 
‘‘(2) be made available to the applicant by the relevant 
institution of higher education, in written or electronic form, 
upon request of the applicant; 
‘‘(3) contain only disclosures that— 
‘‘(A) the applicant may qualify for Federal student 
financial assistance through a program under title IV of 
20 USC 1019d. 
Deadline. 
Deadline. 
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122 STAT. 3488 
PUBLIC LAW 110–315—AUG. 14, 2008 
this Act, or State or institutional student financial assist-
ance, in place of, or in addition to, a private education 
loan; 
‘‘(B) the applicant is encouraged to discuss the avail-
ability of Federal, State, and institutional student financial 
assistance with financial aid officials at the applicant’s 
institution of higher education; 
‘‘(C) a private education loan may affect the applicant’s 
eligibility for free or low-cost Federal, State or institutional 
student financial assistance; and 
‘‘(D) the information that the applicant is required 
to provide on the form is available from officials at the 
financial aid office of the institution of higher education; 
‘‘(4) include a place to provide information on— 
‘‘(A) the applicant’s cost of attendance at the institution 
of higher education, as determined by the institution under 
Part F of title IV; 
‘‘(B) the applicant’s expected family contribution, as 
determined under Part F of title IV, as applicable, for 
students who have completed the free application for Fed-
eral student aid; 
‘‘(C) the applicant’s estimated financial assistance, as 
determined by the institution, in accordance with title IV, 
as applicable; 
‘‘(D) the difference between the amounts under sub-
paragraphs (A) and (C), as applicable; and 
‘‘(E) the sum of the amounts under subparagraphs 
(B) and (D), as applicable; and 
‘‘(5) include a place for the applicant’s signature, in written 
or electronic form. 
‘‘(b) LIMIT ON LIABILITY.—Nothing in this section shall be con-
strued to create a private right of action against an institution 
of higher education with respect to the form developed under sub-
section (a).’’. 
SEC. 1022. APPLICATION OF TRUTH IN LENDING ACT TO ALL PRIVATE 
EDUCATION LOANS. 
Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) 
is amended by inserting ‘‘and other than private education loans 
(as that term is defined in section 140(a))’’ after ‘‘consumer’’. 
Subtitle C—College Affordability 
SEC. 1031. COMMUNITY REINVESTMENT ACT CREDIT FOR LOW-COST 
LOANS. 
(a) IN GENERAL.—Section 804 of the Community Reinvestment 
Act of 1977 (12 U.S.C. 2903) is amended by adding at the end 
the following new subsection: 
‘‘(d) LOW-COST EDUCATION LOANS.—In assessing and taking 
into account, under subsection (a), the record of a financial institu-
tion, the appropriate Federal financial supervisory agency shall 
consider, as a factor, low-cost education loans provided by the 
financial institution to low-income borrowers.’’. 
(b) REGULATIONS REQUIRED.—Not later than 1 year after the 
date of enactment of this Act, each appropriate Federal financial 
supervisory agency shall issue rules in final form to implement 
12 USC 2903 
note. 
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122 STAT. 3489 
PUBLIC LAW 110–315—AUG. 14, 2008 
section 804(d) of the Community Reinvestment Act of 1977, as 
added by this section. 
Subtitle D—Financial Literacy; Studies 
and Reports 
SEC. 1041. DEFINITIONS. 
As used in this subtitle— 
(1) the terms ‘‘covered educational institution’’, ‘‘private 
educational lender’’, and ‘‘private education loan’’ have the same 
meanings as in section 140 of the Truth in Lending Act, as 
added by this Act; 
(2) the term ‘‘historically Black colleges and universities’’ 
means a ‘‘part B institution’’, within the meaning of section 
322 of the Higher Education Act of 1965 (20 U.S.C. 1061)); 
and 
(3) the term ‘‘land-grant colleges and universities’’ has the 
same meaning as in section 1404 of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
3103). 
SEC. 1042. COORDINATED EDUCATION EFFORTS. 
(a) IN GENERAL.—The Secretary of the Treasury (in this section 
referred to as the ‘‘Secretary’’), in coordination with the Secretary 
of Education, the Secretary of Agriculture (with respect to land- 
grant colleges and universities), and any other appropriate agency 
that is a member of the Financial Literacy and Education Commis-
sion established under the Financial Literacy and Education 
Improvement Act (20 U.S.C. 9701 et seq.), shall seek to enhance 
financial literacy among students at covered educational institutions 
through— 
(1) the development of initiatives, programs, and curricula 
that improve student awareness of the short- and long-term 
costs associated with education loans and other debt assumed 
while in college, their repayment obligations, and their rights 
as borrowers; and 
(2) assisting such students in navigating the financial aid 
process. 
(b) DUTIES.—For purposes of this section, the Secretary, 
working in conjunction with the Secretary of Education, the Sec-
retary of Agriculture, and the Financial Literacy and Education 
Commission, shall— 
(1) identify programs that promote or enhance financial 
literacy for college students, with specific emphasis on programs 
that impart the knowledge and ability for students to best 
navigate the financial aid process, including those that involve 
partnerships between nonprofit organizations, colleges and 
universities, State and local governments, and student 
organizations; 
(2) evaluate the effectiveness of such programs in terms 
of measured results, including positive behavioral change 
among college students; 
(3) promote the programs identified as being the most 
effective; and 
20 USC 9709. 
20 USC 9709 
note. 
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122 STAT. 3490 
PUBLIC LAW 110–315—AUG. 14, 2008 
(4) encourage covered educational institutions to implement 
financial education programs for their students, including those 
that have the highest evaluations. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Financial Literacy and Education 
Commission shall submit a report to the Committee on 
Banking, Housing, and Urban Affairs and the Committee on 
Health Education, Labor, and Pensions of the Senate and the 
Committee on Financial Services and the Committee on Edu-
cation and Labor of the House of Representatives on the state 
of financial education among students at covered educational 
institutions. 
(2) CONTENT.—The report required by this subsection shall 
include a description of progress made in enhancing financial 
education with respect to student understanding of financial 
aid, including the programs and evaluations required by this 
section. 
(3) APPEARANCE BEFORE CONGRESS.—The Secretary shall, 
upon request, provide testimony before the Committee on 
Banking, Housing, and Urban Affairs of the Senate and the 
Committee on Financial Services of the House of Representa-
tives concerning the report required by this subsection. 
TITLE XI—STUDIES AND REPORTS 
SEC. 1101. STUDY ON FOREIGN GRADUATE MEDICAL SCHOOLS. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General of the United 
States shall— 
(1) complete a study that examines the performance of 
students from the United States receiving Federal student 
financial aid to attend graduate medical schools located outside 
of the United States; 
(2) provide data and make recommendations to the 
National Committee on Foreign Medical Education and Accredi-
tation in a timely manner so as to assist the Secretary of 
Education in the Department of Education’s review required 
under section 102 of the Higher Education Act of 1965 (20 
U.S.C. 1002); and 
(3) submit to the authorizing committees a report setting 
forth the conclusions of the study. 
(b) CONTENTS.—The study conducted under this section shall 
include the following: 
(1) The amount of Federal student financial aid dollars 
that are spent on graduate medical schools located outside 
of the United States every year, and the percentage of overall 
student aid such amount represents. 
(2) The percentage of students of such medical schools 
who pass the examination sponsored by the Federation of State 
Medical Boards of the United States, Inc., and the National 
Board of Medical Examiners the first time. 
(3) The percentage of students of such medical schools 
who pass the United States medical licensing examination after 
taking such examinations multiple times, disaggregated by the 
Recommenda- 
tions. 
Deadline. 
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122 STAT. 3491 
PUBLIC LAW 110–315—AUG. 14, 2008 
number of times the students had to take the examinations 
to pass. 
(4) The percentage of recent graduates of such medical 
schools practicing medicine in the United States, and a descrip-
tion of where the students are practicing and what types of 
medicine the students are practicing. 
(5) The rate of graduates of such medical schools who 
lose malpractice lawsuits or have the graduates’ medical 
licenses revoked, as compared to graduates of graduate medical 
schools located in the United States. 
(6) Recommendations regarding the percentage passing 
rate of the United States medical licensing examination that 
the United States should require of graduate medical schools 
located outside of the United States for Federal student finan-
cial aid purposes. 
SEC. 1102. EMPLOYMENT OF POSTSECONDARY EDUCATION GRAD-
UATES. 
(a) STUDY, ASSESSMENTS, AND RECOMMENDATIONS.—The Comp-
troller General of the United States shall— 
(1) conduct a study of— 
(A) the information that States have on the employ-
ment of students who have completed postsecondary edu-
cation programs; 
(B) the feasibility of collecting information on students 
who complete all types of postsecondary education pro-
grams (including two- and four-year degree, certificate, 
professional, and graduate programs) at all types of institu-
tions of higher education (including public, private non-
profit, and for–profit schools), regarding— 
(i) employment, including— 
(I) the type of job obtained not later than 
six months after the completion of the degree, 
certificate, or program; 
(II) whether such job was related to the course 
of study; 
(III) the starting salary for such job; and 
(IV) the student’s satisfaction with the stu-
dent’s preparation for such job and guidance pro-
vided with respect to securing the job; and 
(ii) for recipients of Federal student aid, the type 
of assistance received, so that the information can be 
used to evaluate various education programs; 
(C) the evaluation systems used by other industries 
to identify successful programs and challenges, set prior-
ities, monitor performance, and make improvements; 
(D) the best means of collecting information from or 
regarding recent postsecondary graduates, including— 
(i) whether a national website would be the most 
effective way to collect information; 
(ii) whether postsecondary education graduates 
could be encouraged to voluntarily submit information 
by allowing a graduate to access aggregated informa-
tion about other graduates (such as graduates from 
the graduate’s school, with the graduate’s degree, or 
in the graduate’s area) if the graduate completes an 
online questionnaire; 
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122 STAT. 3492 
PUBLIC LAW 110–315—AUG. 14, 2008 
(iii) whether employers could be encouraged to 
submit information by allowing an employer to access 
aggregated information about graduates (such as 
institutions of higher education attended, degrees, or 
starting pay) if the employer completes an online 
questionnaire to evaluate the employer’s satisfaction 
with the graduates the employer hires; and 
(iv) 
whether 
postsecondary 
institutions 
that 
receive Federal funds or whose students have received 
Federal student financial aid could be required to 
submit aggregated information about the graduates 
of the institutions; and 
(E) the best means of displaying employment informa-
tion; and 
(2) provide assessments and recommendations regarding— 
(A) whether successful State cooperative relationships 
between higher education system offices and State agencies 
responsible for employment statistics can be encouraged 
and replicated in other States; 
(B) whether there is value in collecting additional 
information from, or about, the employment experience 
of individuals who have recently completed a postsecondary 
educational program; 
(C) the most promising ways of obtaining and dis-
playing or disseminating such information; 
(D) if a website is used for such information, whether 
the website should be run by a governmental agency or 
contracted out to an independent education or employment 
organization; 
(E) whether a voluntary information system would 
work, both from the graduates’ and employers’ perspectives; 
(F) the value of such information to future students, 
institutions, accrediting agencies or associations, policy-
makers, and employers, including how the information 
would be used and the practical applications of the informa-
tion; 
(G) whether the request for such information is duplica-
tive of information that is already being collected; and 
(H) whether the National Postsecondary Student Aid 
Survey conducted by the National Center for Education 
Statistics could be amended to collect such information. 
(b) REPORTS.— 
(1) PRELIMINARY REPORT.—Not later than one year after 
the date of enactment of this Act, the Comptroller General 
of the United States shall submit to the authorizing committees 
a preliminary report regarding the study, assessments, and 
recommendations described in subsection (a). 
(2) FINAL
REPORT.—Not later than two years after the 
date of enactment of this Act, the Comptroller General of the 
United States shall submit to the authorizing committees a 
final report regarding such study, assessments, and rec-
ommendations. 
SEC. 1103. STUDY ON IPEDS. 
The Comptroller General of the United States shall— 
(1) conduct a study on the time and cost burdens to institu-
tions of higher education associated with completing the 
Deadlines. 
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122 STAT. 3493 
PUBLIC LAW 110–315—AUG. 14, 2008 
Integrated Postsecondary Education Data System (referred to 
in this section as the ‘‘IPEDS’’) survey, which shall— 
(A) report on the time and cost burden of completing 
the IPEDS survey for four-year, two-year, and less than 
two-year institutions of higher education; 
(B) present recommendations for reducing such burden; 
and 
(C) report on the feasibility of collecting additional 
data from institutions for use in IPEDS, including informa-
tion on the percentage of enrolled undergraduate students 
who graduate within two years (in the case of two-year 
institutions), and four, five, and six years (in the case 
of two- and four-year institutions), disaggregated by race 
and ethnic background and by income categories; 
(2) not later than one year after the date of enactment 
of this Act, submit to the authorizing committees a preliminary 
report regarding the findings of the study described in para-
graph (1); and 
(3) not later than two years after the date of enactment 
of this Act, submit to the authorizing committees a final report 
regarding such findings. 
SEC. 1104. REPORT AND STUDY ON ARTICULATION AGREEMENTS. 
(a) STUDY REQUIRED.—The Secretary of Education shall conduct 
a study to review the articulation agreements at State-supported 
college and university systems, including junior or community col-
leges, as well as those at other institutions of higher education. 
Such study shall consider— 
(1) the extent to which States and institutions have devel-
oped and implemented articulation agreements; 
(2) with respect to the articulation agreements developed— 
(A) the number and types of institutions participating 
in articulation agreements; 
(B) the cost-savings to the participating institutions 
and to the students; 
(C) what strategies are being employed, including 
common course numbering, general education core cur-
riculum, and management systems; 
(D) the effective use of technologies to contain costs, 
maintain quality of instruction, and inform students; and 
(E) a description of the students to whom the articula-
tion agreements are offered and, to the extent practicable, 
a description of the students who take advantage of the 
articulation agreements; 
(3) best practices and innovative strategies employed to 
implement effective articulation agreements; and 
(4) barriers to the implementation of articulation agree-
ments, including technological and informational barriers. 
(b) REPORT.—The Secretary of Education shall submit to the 
authorizing committees an interim report on the study required 
by subsection (a) not later than two years after the date of enact-
ment of this Act and a final report on such study not later than 
January 1, 2013. 
SEC. 1105. REPORT ON PROPRIETARY INSTITUTIONS OF HIGHER EDU-
CATION. 
(a) IN GENERAL.—Not later than two years after the date of 
enactment of this Act, the Comptroller General of the United States 
Deadline. 
Deadline. 
Deadline. 
Deadline. 
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122 STAT. 3494 
PUBLIC LAW 110–315—AUG. 14, 2008 
shall conduct an analysis of proprietary institutions of higher edu-
cation subject to section 487(a)(24) of the Higher Education Act 
of 1965 (20 U.S.C. 1094(a)(24)) and shall submit to the authorizing 
committees a report that provides the results of the analysis. 
(b) CONTENTS OF REPORT.—The report shall provide— 
(1) the number of institutions subject to section 487(a)(24) 
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(24)); 
(2) the number and percentage of such institutions each 
year that do not comply with such section; 
(3) the number of such institutions that are in compliance 
with such section at the time of submission of the report; 
and 
(4) in the case of institutions that are in compliance with 
such section at the time of submission of the report, information 
on the extent to which such institutions’ revenue is derived 
from funds provided under title IV of the Higher Education 
Act of 1965 (20 U.S.C. 1070 et seq.), including information 
on the number of such institutions that derive not less than 
85 percent of their revenues from funds provided under such 
title. 
SEC. 1106. ANALYSIS OF FEDERAL REGULATIONS ON INSTITUTIONS 
OF HIGHER EDUCATION. 
The Secretary of Education shall enter into an agreement with 
the National Research Council of the National Academy of Sciences 
for the conduct of a study to ascertain the amount and scope 
of all Federal regulations and reporting requirements with which 
institutions of higher education must comply. The study shall be 
completed not later than two years after the date of enactment 
of this Act, and shall include information describing— 
(1) by agency, the number of Federal regulations and 
reporting requirements affecting institutions of higher edu-
cation; 
(2) by agency, the estimated time required and costs to 
institutions of higher education (disaggregated by types of 
institutions) to comply with the regulations and reporting 
requirements described in paragraph (1); and 
(3) by agency, recommendations for consolidating, stream-
lining, and eliminating redundant and burdensome Federal 
regulations and reporting requirements affecting institutions 
of higher education. 
SEC. 1107. INDEPENDENT EVALUATION OF DISTANCE EDUCATION PRO-
GRAMS. 
(a) INDEPENDENT EVALUATION.—The Secretary of Education 
shall enter into an agreement with the National Research Council 
of the National Academy of Sciences to conduct a statistically valid 
evaluation of the quality of distance education programs, as com-
pared to campus-based education programs, at institutions of higher 
education. Such evaluation shall include— 
(1) identification of the elements by which the quality of 
distance education can be assessed, which may include elements 
such as subject matter, interactivity, and student outcomes; 
(2) identification of distance education program success, 
with respect to student achievement, in relation to the mission 
of the institution of higher education; 
(3) identification of the benefits and limitations of distance 
education programs and campus-based programs for different 
Contracts. 
Contracts. 
Study. 
Deadline. 
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122 STAT. 3495 
PUBLIC LAW 110–315—AUG. 14, 2008 
students (including classification of types of students by age 
category) by assessing access, job placement rates, graduation 
rates, and other factors related to persistence, completion, and 
cost; and 
(4) identification and analysis of factors that may make 
direct comparisons of distance education programs and campus- 
based education programs difficult. 
(b) SCOPE.—The National Research Council shall select for 
participation in the evaluation under subsection (a) a diverse group 
of institutions of higher education with respect to size, mission, 
and geographic distribution. 
(c) INTERIM
AND FINAL REPORTS.—The contract under sub-
section (a) shall require that the National Research Council submit 
to the authorizing committees— 
(1) an interim report regarding the evaluation under sub-
section (a) not later than June 30, 2009; and 
(2) a final report regarding such evaluation not later than 
June 30, 2010. 
SEC. 1108. REVIEW OF COSTS AND BENEFITS OF ENVIRONMENTAL, 
HEALTH, AND SAFETY STANDARDS. 
(a) REVIEW OF STANDARDS.—The Secretary of Education shall 
enter into an agreement with the National Research Council of 
the National Academy of Sciences to conduct a national study 
that— 
(1) reviews, analyzes, and compares existing standards in 
environmental, health, and safety areas, for the regulation 
of— 
(A) industrial research and development facilities; and 
(B) research and teaching laboratories and facilities 
at institutions of higher education; and 
(2) based upon the review in paragraph (1), develops rec-
ommended frameworks for alternative regulatory standards, 
if any, for research and teaching laboratories and facilities 
at institutions of higher education that— 
(A) maintain the overall level of protection of the 
environment, and of the health and safety of those using 
such laboratories and facilities; 
(B) reflect the need to ensure consistent application 
of Federal laws; and 
(C) take into account the educational and research 
activities of institutions of higher education. 
(b) REPORT.—The National Research Council shall report to 
Congress regarding the recommended frameworks for alternative 
regulatory standards developed under subsection (a). Such report 
shall contain recommendations for statutory or regulatory changes 
needed to implement the different standards described in subsection 
(a), and the projected costs and benefits resulting from the adoption 
of such standards. 
SEC. 1109. STUDY OF MINORITY MALE ACADEMIC ACHIEVEMENT. 
(a) STUDY REQUIRED.—The Secretary of Education shall carry 
out the following: 
(1) Commission and ensure the conduct of a national study 
of underrepresented minority males (particularly African Amer-
ican, Hispanic American, Native American, Native Hawaiian, 
and Alaska Native males) completing high school, and entering 
Contracts. 
Deadlines. 
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122 STAT. 3496 
PUBLIC LAW 110–315—AUG. 14, 2008 
and graduating from colleges and universities in accordance 
with the following: 
(A) The data comprising the study shall focus primarily 
on African American, Hispanic American, Native American, 
Native Hawaiian, and Alaska Native males and shall uti-
lize existing data sources. 
(B) The study shall focus on high school completion 
and preparation for college, success on the SAT and ACT, 
and minority male access to college, including the financing 
of college, and college persistence and graduation. 
(C) The implementation of the study shall be in four 
stages based on the recommendations of the Commissioner 
for Education Statistics. 
(2) Make specific recommendations to the authorizing 
committees and States on new approaches to increase— 
(A) the number of minority males successfully pre-
paring themselves for college study; 
(B) the number of minority males graduating from 
high school and entering college; and 
(C) the number of minority males graduating from 
college and entering careers in which they are underrep-
resented. 
(b) SUBMISSION OF THE REPORT.—Not later than four years 
after the date of enactment of this Act, the Secretary of Education 
shall submit a report on the study required by subsection (a)(1), 
together with the recommendations required by subsection (a)(2), 
to the authorizing committees. 
SEC. 1110. STUDY ON BIAS IN STANDARDIZED TESTS. 
(a) STUDY.—The Secretary of Education shall enter into an 
agreement with the Board on Testing and Assessment of the 
National Academy of Sciences for the conduct of a study to identify 
any race, ethnicity, or gender bias in the content and construction 
of standardized tests that are used for admission to institutions 
of higher education. 
(b) REPORT.—Not later than two years after the date of enact-
ment of this Act, the Secretary of Education shall issue an interim 
report to the authorizing committees related to the progress of 
the study under subsection (a). 
SEC. 1111. ENDOWMENT REPORT. 
(a) ANALYSIS OF ENDOWMENTS.—The Comptroller General of 
the United States shall conduct a study on the amounts, uses, 
and public purposes of the endowments of institutions of higher 
education. The study shall include information (disaggregated by 
types of institutions) describing— 
(1) the average and range of— 
(A) the outstanding balance of such endowments; and 
(B) the growth of such endowments over the last 20 
years; 
(2) the amount and percentage of endowment assets distrib-
uted on an annual basis for spending on education; 
(3) the amount and percentage of endowment assets distrib-
uted on an annual basis for financial aid or for the purpose 
of reducing the costs of tuition, fees, textbooks, and room and 
board; and 
(4) the extent to which the funds in such endowments 
are restricted, and the restrictions placed upon such funds. 
Study. 
Deadline. 
Contracts. 
Recommenda- 
tions. 
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122 STAT. 3497 
PUBLIC LAW 110–315—AUG. 14, 2008 
(b) SUBMISSION OF REPORT.—The Comptroller General of the 
United States shall submit a report on the study required by 
subsection (a) to the authorizing committees not later than 18 
months after the date of enactment of this Act. 
SEC. 1112. STUDY OF CORRECTIONAL POSTSECONDARY EDUCATION. 
(a) STUDY REQUIRED.—The Secretary of Education, in consulta-
tion with the Secretary of Labor and the Attorney General, shall— 
(1) conduct a longitudinal study to assess the effects of 
correctional postsecondary education that— 
(A) employs rigorous empirical methods that control 
for self-selection bias; 
(B) measures a range of outcomes, including those 
related to employment and earnings, recidivism, engaged 
citizenship, impact on families of the incarcerated, and 
impact on the culture of the correctional institution; 
(C) examines different delivery systems of postsec-
ondary education, such as on-site and distance learning; 
and 
(D) includes a projected cost-benefit analysis of the 
Federal investment in terms of reduction of future 
offending, reduction of future prison costs (construction 
and operational), increased tax payments by formerly incar-
cerated individuals, a reduction of welfare and other social 
service costs for successful formerly incarcerated individ-
uals, and increased costs from the employment of formerly 
incarcerated individuals; and 
(2) make specific recommendations to the authorizing 
committees and the relevant State agencies responsible for 
correctional education, such as the State superintendents of 
education and State secretaries of corrections, on best 
approaches to increase correctional education and its effective-
ness. 
(b) SUBMISSION OF REPORTS.—Not later than three years after 
the date of enactment of this Act, the Secretary of Education shall 
submit an interim report on the progress of the study required 
by subsection (a)(1) to the authorizing committees. Not later than 
seven years after the date of enactment of this Act, the Secretary 
of Education shall submit a final report, together with the rec-
ommendations required by subsection (a)(2), to the authorizing 
committees. 
SEC. 1113. STUDY OF AID TO LESS-THAN-HALF-TIME STUDENTS. 
(a) STUDY REQUIRED.—The Secretary shall conduct a study 
on making and expanding the student aid available under title 
IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) 
to less-than-half-time students. The Secretary shall submit a report 
on the results of such study, including the Secretary’s recommenda-
tions, to the authorizing committees not later than one year after 
the date of enactment of this Act. 
(b) SUBJECTS FOR STUDY.—The study required by this section 
shall, at a minimum, examine the following: 
(1) The existing sources of Federal aid for less-than-half- 
time students seeking a college degree or certificate. 
(2) The demand for Federal aid for less-than-half-time stu-
dents and whether the demand is satisfied by existing sources 
of Federal aid, taking into consideration not only the number 
of less-than-half-time students currently seeking a college 
Reports. 
Deadline. 
Recommenda- 
tions. 
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122 STAT. 3498 
PUBLIC LAW 110–315—AUG. 14, 2008 
degree or certificate, but also any increase in the number 
of less-than-half-time students that may result from an expan-
sion of Federal aid for less-than-half-time students seeking 
a college degree or certificate. 
(3) The potential costs to the Federal Government and 
the potential benefits that could be received by students 
resulting from expanding Federal aid for less-than-half-time 
students seeking a college degree or certificate. 
(4) The barriers to expanding Federal aid for less-than- 
half-time students, including identifying— 
(A) statutory and regulatory barriers, such as student 
eligibility, institutional eligibility, needs analysis, program 
integrity, and award amounts; and 
(B) other factors that may limit participation in an 
expanded Federal aid program for less-than-half-time stu-
dents. 
(c) RECOMMENDATIONS TO BE PROVIDED.—The Secretary’s rec-
ommendations under this section shall include recommendations 
for designing a demonstration student loan program tailored to 
less-than-half-time students. The recommendations shall include 
any required statutory or regulatory modifications, as well as pro-
posed accountability mechanisms to protect students, institutions, 
and the Federal investment in higher education. 
(d) DEFINITIONS.—In this section— 
(1) the term ‘‘Secretary’’ means the Secretary of Education; 
and 
(2) the term ‘‘less-than-half-time student’’ means a student 
who is carrying less than one-half the normal full-time work 
load for the course of study that the student is pursuing, 
as determined by the institution such student is attending. 
SEC. 1114. STUDY ON REGIONAL SENSITIVITY IN THE NEEDS ANALYSIS 
FORMULA. 
(a) STUDY.—The Comptroller General of the United States shall 
conduct a study to review the methodology that is used to determine 
the expected family contribution under part F of title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.). 
(b) STUDY COMPONENTS.—The study conducted under sub-
section (a) shall identify and evaluate the needs analysis formula 
under part F of title IV of the Higher Education Act of 1965 
(20 U.S.C. 1087kk et seq.) and examine the need for regional 
sensitivity in need analysis. The study shall include— 
(1) the factors that are used to determine a student’s 
expected family contribution under part F of title IV of the 
Higher Education Act of 1965; 
(2) the varying allowances that are made in calculating 
the expected family contribution; 
(3) the effects of the income protection allowance on all 
aid recipients; and 
(4) options for modifying the income protection allowance 
to reflect the significant differences in the cost of living in 
various parts of the United States. 
(c) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall report to the authorizing committees on the results of the 
study conducted under this section. 
Deadline. 
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122 STAT. 3499 
PUBLIC LAW 110–315—AUG. 14, 2008 
SEC. 1115. STUDY OF THE IMPACT OF STUDENT LOAN DEBT ON PUBLIC 
SERVICE. 
(a) STUDY.—The Secretary of Education, in consultation with 
the Office of Management and Budget, is authorized to coordinate 
with an organization with expertise in the field of public service, 
such as the National Academy of Public Administrators or the 
American Society for Public Administration, to coordinate with 
interested parties to conduct a study of how student loan debt 
levels impact the decisions of graduates of postsecondary and grad-
uate education programs to enter into public service careers. Such 
study shall include— 
(1) an assessment of the challenges to recruiting and 
retaining well-qualified public servants, including the impact 
of student loan debt; 
(2) an evaluation of existing Federal programs to recruit 
and retain well-qualified public servants; 
(3) an evaluation of whether additional Federal programs 
could increase the number of graduates of postsecondary and 
graduate education programs who enter careers in public 
service; and 
(4) recommendations for programs that could encourage 
new graduates of postsecondary and graduate education pro-
grams to enter public service careers. 
(b) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Secretary of Education, in consultation with 
the Office of Management and Budget, shall submit to the author-
izing committees a report related to the findings of the study 
conducted under subsection (a). 
SEC. 1116. STUDY ON TEACHING STUDENTS WITH READING DISABIL-
ITIES. 
(a) INDEPENDENT EVALUATION.—The Secretary of Education 
shall enter into an agreement with the Center for Education of 
the National Academies for a scientifically-based study of the 
quality of teacher education programs— 
(1) to determine if teachers are adequately prepared to 
meet the needs of students with reading and language proc-
essing disabilities, including dyslexia; and 
(2) to determine the extent to which teacher education 
programs are based on the essential components of reading 
instruction and scientifically valid research. 
(b) COMPONENTS.—The study conducted under subsection (a) 
shall be designed to provide statistically reliable information on— 
(1) the number, type of courses, and credit hours required 
to meet the requirements of reading degree programs of teacher 
education programs; and 
(2) the extent to which the content of the reading degree 
programs are based on— 
(A) the essential components of reading instruction 
and scientifically valid research, including phonemic aware-
ness, phonics, fluency, vocabulary, and comprehension; and 
(B) early intervention strategies based on scientific 
evidence concerning challenges to the development of lan-
guage processing capacity, including dyslexia, and the 
extent to which such strategies are effective in preventing 
reading failure before it occurs. 
Contracts. 
Deadline. 
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122 STAT. 3500 
PUBLIC LAW 110–315—AUG. 14, 2008 
(c) SCOPE.—The Director of the Center for Education of the 
National Academy of Sciences shall select for participation in the 
study under subsection (a) a diverse group of institutions of higher 
education with respect to size, mission, and geographic distribution. 
(d) INTERIM AND FINAL REPORTS.—The Director of the Center 
for Education of the National Academy of Sciences shall submit 
to the authorizing committees and the Secretary of Education— 
(1) an interim report regarding the study under subsection 
(a) not later than one year after the date the Center for Edu-
cation of the National Academies enters into an agreement 
with the Secretary of Education under this section; and 
(2) a final report summarizing the findings, conclusions, 
and recommendations of such study not later than two years 
after the date the Center for Education of the National Acad-
emies enters into such agreement. 
(e) TASK FORCE.— 
(1) ESTABLISHMENT.—Upon submission of the final report 
under subsection (d)(2), the Secretary of Education shall estab-
lish a task force to make policy recommendations to the Sec-
retary regarding the findings of the report. 
(2) MEMBERSHIP.—The membership of the task force estab-
lished under paragraph (1) shall include chief State school 
officers, State reading consultants, master teachers, national 
reading experts, and researchers with expertise in relevant 
fields. 
(3) PUBLIC HEARINGS.—The task force established under 
paragraph (1) shall hold public hearings to provide an oppor-
tunity for public comment on the recommendations made under 
paragraph (1). 
SEC. 1117. REPORT ON INCOME CONTINGENT REPAYMENT THROUGH 
THE INCOME TAX WITHHOLDING SYSTEM. 
(a) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Secretary of Education and the Secretary 
of the Treasury shall conduct a study to determine the feasibility 
and benefits of developing a system through which a borrower 
who is repaying a loan through the income contingent repayment 
plan or the income-based repayment program may make payments 
on the loan using the income tax withholding system (referred 
to in this section as ‘‘direct IDEA loans’’). The goal of this program 
would be to— 
(1) streamline the repayment process and provide greater 
flexibility for borrowers electing to use the direct IDEA loan; 
(2) reduce the number of loan defaults by borrowers; and 
(3) reduce the redundancy in reporting information per-
taining to income contingent repayment and income-based 
repayment to the Department of Education, institutions, and 
applicants. 
(b) EVALUATIONS.—In conducting the study under subsection 
(a), the Secretary of Education and the Secretary of the Treasury 
shall evaluate— 
(1) the feasibility of implementing direct IDEA loans by 
the Department of Education and the Department of the 
Treasury; 
(2) any advantages or disadvantages of direct IDEA loans 
on borrowers and taxpayers; 
Study. 
Deadline. 
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122 STAT. 3501 
PUBLIC LAW 110–315—AUG. 14, 2008 
(3) the program structure necessary to administer direct 
IDEA loans; and 
(4) whether the repayment programs that implement 
income contingent and income-based repayment collected 
through revenue services, such as programs in England, Aus-
tralia, and New Zealand, could be effective in collecting loan 
payments under the income contingent and income-based repay-
ment options in the United States. 
(c) RECOMMENDATIONS.—Not later than one year after the date 
of enactment of this Act, the Secretary of Education and the Sec-
retary of the Treasury shall provide a report on the study conducted 
under subsection (a) to Congress. The report shall include rec-
ommendations based on the factors examined in subsection (b) 
for implementing direct IDEA loans, including the necessary statu-
tory changes needed to implement such repayment option. 
SEC. 1118. DEVELOPING ADDITIONAL MEASURES OF DEGREE COMPLE-
TION. 
(a) IN GENERAL.—The Secretary of Education, in coordination 
with the Commissioner for Education Statistics and after consulta-
tion with representatives from diverse institutions of higher edu-
cation, students, experts in the field of higher education policy, 
State higher education officials, and other stakeholders in the 
higher education community, shall issue a report with recommenda-
tions to Congress about alternatives ways to measure and report 
degree or program completion rates for institutions of higher edu-
cation receiving funds under title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1070 et seq.). 
(b) MEASURES TO TAKE INTO CONSIDERATION.—The alternative 
measures described in subsection (a) shall consider— 
(1) the number of degrees awarded and the increase in 
number of degrees awarded disaggregated by race, ethnicity, 
gender, and income for all students who have earned a degree; 
and 
(2) the increase in degrees awarded in high-need fields 
such as science, technology, engineering, mathematics, edu-
cation, and nursing. 
SEC. 1119. STUDY ON THE FINANCIAL AND COMPLIANCE AUDITS OF 
THE FEDERAL STUDENT LOAN PROGRAM. 
(a) IN GENERAL.—Not later than one year after the date of 
enactment of this Act, the Comptroller General of the United States 
shall complete a study to examine all the financial and compliance 
audits and reviews required or conducted as part of the proper 
management of the Federal student loan programs under parts 
B and D of title IV of the Higher Education Act of 1965 (20 
U.S.C. 1071 et seq. and 1087a et seq.), whether each such audit 
or review is required under a law or is otherwise performed in 
order to evaluate a program. 
(b) CONTENT OF STUDY.— 
(1) COMPARISON OF AUDITS AND REVIEWS UNDER PARTS B 
AND D OF TITLE IV.—As part of the study under subsection 
(a), the Comptroller General of the United States shall compare 
the audits and reviews of programs under parts B and D 
of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071 et seq. and 1087a et seq.) for purposes of— 
(A) determining whether such audits and reviews are 
comparable among programs; 
Deadline. 
Reports. 
Deadline. 
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122 STAT. 3502 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) determining whether such audits and reviews 
result in a level of protection of borrower interests and 
of Federal fiscal interests that is comparable for each pro-
gram; and 
(C) determining the extent to which the Department 
of Education ensures timely submission of required finan-
cial and compliance audits and reviews and compliance 
with statutory and regulatory requirements. 
(2) ADDITIONAL CONTENT OF STUDY.—The study under sub-
section (a) shall— 
(A) provide a list of the financial and compliance audits 
and reviews required or conducted as part of the proper 
management of the Federal student loan programs under 
parts B and D of title IV of the Higher Education Act 
of 1965 (20 U.S.C. 1071 et seq. and 1087a et seq.); 
(B) determine the frequency of each audit and review; 
(C) provide a list of the entities and activities that 
are the subject of each audit and review, including institu-
tions of higher education, servicers, secondary markets, 
guaranty agencies, the Department of Education and the 
contractors of the Department of Education, and any other 
entities that are required to participate in the audit or 
review; 
(D) determine the degree of individual borrower level 
reconciliation required under Federal student loan pro-
grams under such parts B and D of title IV; 
(E) make recommendations with respect to such audits 
and reviews to ensure— 
(i) such audits and reviews are comparable among 
Federal student loan programs under such parts B 
and D of title IV; and 
(ii) a level of protection of borrower interests and 
of Federal fiscal interests that is comparable for Fed-
eral student loan programs under such parts B and 
D of title IV, to the extent such comparability does 
not exist; and 
(F) assess the extent to which the Department of Edu-
cation makes appropriate use of such financial and compli-
ance audits and reviews in the Department’s administra-
tion and oversight of the Federal student loan programs 
under such parts B and D of title IV. 
SEC. 1120. SUMMIT ON SUSTAINABILITY. 
Not later than September 30, 2010, the Secretary of Education, 
in consultation with the Administrator of the Environmental Protec-
tion Agency, shall convene a summit of higher education experts 
working in the area of sustainable operations and programs, rep-
resentatives from agencies of the Federal Government, and business 
and industry leaders to focus on efforts of national distinction 
that— 
(1) encourage faculty, staff, and students at institutions 
of higher education to establish administrative and academic 
sustainability programs on campus; 
(2) enhance research by faculty and students at institutions 
of higher education in sustainability practices and innovations 
that assist and improve sustainability; 
Deadline. 
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122 STAT. 3503 
PUBLIC LAW 110–315—AUG. 14, 2008 
(3) encourage institutions of higher education to work with 
community partners from the business, government, and non-
profit sectors to design and implement sustainability programs 
for application in the community and workplace; 
(4) identify opportunities for partnerships involving institu-
tions of higher education and the Federal Government to 
expand sustainable operations and academic programs focused 
on environmental and economic sustainability; and 
(5) charge the summit participants or steering committee 
to submit a set of recommendations for addressing sustain-
ability through institutions of higher education. 
SEC. 1121. NURSING SCHOOL CAPACITY. 
(a) FINDINGS.—Congress finds the following: 
(1) Researchers in the field of public health have identified 
the need for a national study to identify constraints encountered 
by schools of nursing in graduating the number of nurses 
sufficient to meet the health care needs of the United States. 
(2) The shortage of qualified registered nurses has 
adversely affected the health care system of the United States. 
(3) Individual States have had varying degrees of success 
with programs designed to increase the recruitment and reten-
tion of nurses. 
(4) Schools of nursing have been unable to provide a suffi-
cient number of qualified graduates to meet the workforce 
needs. 
(5) Many nurses are approaching the age of retirement, 
and the problem worsens each year. 
(6) In 2004, an estimated 125,000 applications from quali-
fied applicants were rejected by schools of nursing, due to 
a shortage of faculty and a lack of capacity for additional 
students. 
(b) STUDY WITH RESPECT TO CONSTRAINTS WITH RESPECT TO 
SCHOOLS OF NURSING.— 
(1) IN GENERAL.—The Secretary shall enter into an agree-
ment with the Institute of Medicine of the National Academy 
of Sciences to conduct a study for the purpose of— 
(A) identifying constraints encountered by schools of 
nursing in admitting and graduating the number of reg-
istered nurses necessary to ensure patient safety and meet 
the need for quality assurance in the provision of health 
care; and 
(B) developing recommendations to alleviate the con-
straints on a short-term and long-term basis. 
(2) CERTAIN COMPONENTS.—The Secretary shall ensure that 
the agreement under paragraph (1) provides that the study 
under such paragraph will include information on the following: 
(A) The trends in applications for attendance at schools 
of nursing that are relevant to the purpose of the study, 
including trends regarding applicants who are accepted 
for enrollment and applicants who are not accepted, 
particularly qualified applicants who are not accepted. 
(B) The number and demographic characteristics of 
entry-level and graduate students currently enrolled in 
schools of nursing, the retention rates at the schools, and 
Contracts. 
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122 STAT. 3504 
PUBLIC LAW 110–315—AUG. 14, 2008 
the number of recent graduates from the schools, as com-
pared to previous years and to the projected need for reg-
istered nurses based on two-year, five-year, and ten-year 
projections. 
(C) The number and demographic characteristics of 
nurses who pursue graduate education in nursing and non- 
nursing programs but do not pursue faculty positions in 
schools of nursing, the reasons for not pursuing faculty 
positions, including any regulatory barriers to choosing 
to pursue such positions, and the effect of such decisions 
on the ability of the schools to obtain adequate numbers 
of faculty members. 
(D) The extent to which— 
(i) entry-level graduates of the schools of nursing 
are satisfied with their educational preparation, 
including their participation in nurse externships, 
internships, and residency programs; and 
(ii) such entry-level graduates are able to effec-
tively transition into the nursing workforce. 
(E) The satisfaction of nurse managers and administra-
tors with respect to the preparation and performance levels 
of entry-level graduates from the schools after one year, 
three years, and five years of practice, respectively. 
(F) The extent to which the current salary, benefit 
structures, and characteristics of the workplace, including 
the number of nurses who are presently serving in faculty 
positions, influence the career path of nurses who have 
pursued graduate education. 
(G) The extent to which the use of innovative tech-
nologies for didactic and clinical nursing education might 
provide for an increase in the ability of schools of nursing 
to train qualified nurses. 
(3) RECOMMENDATIONS.—The Institute of Medicine may 
include in the recommendations developed under paragraph 
(1)(B) recommendations for legislative or administrative 
changes at the Federal or State level, and measures that can 
be taken in the private sector— 
(A) to facilitate the recruitment of students into the 
nursing profession; 
(B) to facilitate the retention of nurses in the work-
place; and 
(C) to improve the resources and ability of the edu-
cation and health care systems to prepare a sufficient 
number of qualified registered nurses. 
(4) METHODOLOGY OF STUDY.— 
(A) SCOPE.—The Secretary shall ensure that the agree-
ment under paragraph (1) provides that the study under 
such paragraph will consider the perspectives of— 
(i) nurses and physicians in each of the various 
types of inpatient, outpatient, and residential facilities 
in the health care delivery system; 
(ii) faculty and administrators of schools of 
nursing; 
(iii) providers of health plans or health insurance; 
and 
(iv) consumers. 
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122 STAT. 3505 
PUBLIC LAW 110–315—AUG. 14, 2008 
(B) CONSULTATION
WITH
RELEVANT
ORGANIZATION.— 
The Secretary shall ensure that the agreement under para-
graph (1) provides that relevant agencies and organizations 
with expertise on the nursing shortage will be consulted 
with respect to the study under such paragraph, including 
the following: 
(i) The Agency for Healthcare Research and 
Quality. 
(ii) The American Academy of Nursing. 
(iii) The American Association of Colleges of 
Nursing. 
(iv) The American Nurses Association. 
(v) The American Organization of Nurse Execu-
tives. 
(vi) The National Institute of Nursing Research. 
(vii) The National League for Nursing. 
(viii) The National Organization for Associate 
Degree Nursing. 
(ix) The National Student Nurses Association. 
(5) REPORT.—The Secretary shall ensure that the agree-
ment under paragraph (1) provides that, not later than 18 
months after the date of enactment of this section, the Institute 
of Medicine shall submit a report providing the findings and 
recommendations made in the study under this section to the 
Secretary and the authorizing committees. 
(6) OTHER
ORGANIZATION.—If the Institute of Medicine 
declines to conduct the study under paragraph (1), the Secretary 
may enter into an agreement with another appropriate private 
entity to conduct the study. 
(c) DEFINITIONS.—In this section: 
(1) TERMS
IN
PUBLIC
HEALTH
SERVICE
ACT.—The terms 
‘‘collegiate school of nursing’’, ‘‘associate degree school of 
nursing’’, and ‘‘diploma school of nursing’’ have the meanings 
given to such terms in section 801 of the Public Health Service 
Act (42 U.S.C. 296). 
(2) SCHOOL
OF
NURSING.—The term ‘‘school of nursing’’ 
means a collegiate school of nursing, an associate degree school 
of nursing, or a diploma school of nursing in a State. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Education. 
SEC. 1122. STUDY AND REPORT ON NONINDIVIDUAL INFORMATION. 
(a) DEFINITIONS.—In this section: 
(1) HISTORICALLY
BLACK
COLLEGE
OR
UNIVERSITY.—The 
term ‘‘historically Black college or university’’ has the meaning 
given the term ‘‘part B institution’’ in section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061). 
(2) TRUTH
IN
LENDING
ACT.—The terms ‘‘covered edu-
cational institution’’ and ‘‘private education loan’’ have the 
meanings given the terms in section 140 of the Truth in Lending 
Act, as added by title X. 
(b) STUDY.—The Comptroller General of the United States shall 
conduct a study— 
(1) on the impact on and benefits to borrowers of the 
inclusion of nonindividual factors, including cohort default rate, 
accreditation, and graduation rate at institutions of higher 
Deadline. 
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122 STAT. 3506 
PUBLIC LAW 110–315—AUG. 14, 2008 
education, used in the underwriting criteria to determine the 
pricing of private education loans; 
(2) to examine whether and to what extent the inclusion 
of such nonindividual factors— 
(A) increases access to private education loans for bor-
rowers who lack credit history or results in less favorable 
rates for such borrowers; and 
(B) affects the types of private education loan products 
and rates available at certain institutions of higher edu-
cation, including a comparison of such impact— 
(i) on private and public institutions; and 
(ii) on historically Black colleges and universities 
and institutions of higher education; and 
(3) to assess the extent to which the use of such nonindi-
vidual factors in underwriting may have a disparate impact 
on the pricing of private education loans, based on gender, 
race, income level, and covered educational institution. 
(c) REPORT.—Not later than one year after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall submit a report to the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Financial Services 
of the House of Representatives on the results of the study required 
by this section. 
SEC. 1123. FEASIBILITY STUDY FOR STUDENT LOAN CLEARINGHOUSE. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General of the United 
States shall conduct a study of the feasibility of developing a 
national student loan clearinghouse on the website of the Depart-
ment of Education that would provide for one or more of the 
following: 
(1) A registry of real-time information on Federal student 
loans (including loans under parts B and D of title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1071 et seq. 
and 1087a et seq.) and private education loans (as defined 
in section 140 of the Truth in Lending Act)), for both under-
graduate and graduate students, and parents of students, for 
use by prospective borrowers or any person desiring information 
regarding available interest rates, fees, and other terms from 
lenders. 
(2) A mechanism whereby prospective borrowers could be 
matched with lenders that offer highly competitive products 
and loan servicing quality, including any procedures and safe-
guards necessary to minimize potentially adverse effects of 
multiple inquiries into participating borrowers’ credit histories 
recorded by consumer reporting agencies. 
(3) Options concerning the establishment and ongoing 
maintenance of such a system, including whether such a system 
should be operated by one or more entities, and methods to 
finance such a system at no or minimal cost to consumers 
and the Government. 
(4) Other features that could help prospective borrowers 
make informed decisions in selecting lenders from whom to 
obtain Federal and private education loans. 
Deadline. 
Deadline. 
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122 STAT. 3507 
PUBLIC LAW 110–315—AUG. 14, 2008 
(b) CONSULTATION.—In conducting the study under subsection 
(a), the Comptroller General of the United States shall consult 
with— 
(1) the Secretary of Education; 
(2) the Federal Trade Commission; 
(3) representatives of student loan borrowers; 
(4) representatives from institutions of higher education, 
including financial aid administrators, registrars, business offi-
cers, and student affairs officials; 
(5) Federal and private educational lenders (as defined 
in section 140 of the Truth in Lending Act), loan servicers, 
and guaranty agencies; and 
(6) other appropriate entities with relevant experience. 
(c) REPORT.—Not later than two years after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall submit to the authorizing committees a report on the study 
conducted under subsection (a). 
SEC. 1124. STUDY ON DEPARTMENT OF EDUCATION OVERSIGHT OF 
INCENTIVE COMPENSATION BAN. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Comptroller General of the United 
States shall— 
(1) conduct a study of efforts by the Secretary of Education 
to enforce the provisions of section 487(a)(20) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)(20)); and 
(2) submit to the authorizing committees a report that 
provides the results of such study. 
(b) CONTENT OF REPORT.—The report submitted under sub-
section (a) shall include— 
(1) an analysis of the nature, extent, and effectiveness 
of the Secretary of Education’s activities to enforce the provi-
sions of section 487(a)(20) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)(20)); 
(2) the number of institutions of higher education for which 
investigations were initiated by the Secretary for potential vio-
lations of such section since 1998; 
(3) in cases where violations of such section by institutions 
of higher education were substantiated by the Secretary— 
(A) the names of such institutions; 
(B) the nature of the violations; and 
(C) the penalty, if any, imposed by the Secretary for 
such violations; 
(4) an analysis of the impact of the ‘‘safe harbor’’ regulations 
under section 668.14(b)(22)(ii)(A) through (L) of title 34, Code 
of Federal Regulations, promulgated under such section 
487(a)(20), on the number and nature of cases examined by 
the Secretary for potential violations of such section 487(a)(20), 
including whether the number of cases examined by the Sec-
retary has increased or decreased since such regulations went 
into effect; 
(5) information on the extent to which the Secretary has 
considered efforts by States to examine unethical or unlawful 
student recruitment or admissions practices by institutions of 
higher education, including practices that violate the provisions 
of such section 487(a)(20); and 
Reports. 
Deadline. 
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122 STAT. 3508 
PUBLIC LAW 110–315—AUG. 14, 2008 
LEGISLATIVE HISTORY—H.R. 4137: 
HOUSE REPORTS: Nos. 110–500, Pt. 1 (Comm. on Education and Labor) and
110–803 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Feb. 7, considered and passed House. 
July 29, considered and passed Senate, amended. 
July 31, House and Senate agreed to conference report. 
(6) information on the extent to which the Secretary 
reviews publicly-available documents, such as filings to the 
Securities and Exchange Commission, to monitor the compli-
ance of institutions of higher education with the provisions 
of such section 487(a)(20). 
SEC. 1125. DEFINITION OF AUTHORIZING COMMITTEES. 
For purposes of this title, the term ‘‘authorizing committees’’ 
has the meaning given such term in section 103 of the Higher 
Education Act of 1965, as amended by this Act. 
Approved August 14, 2008. 
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