20 U.S.C. § 1161y — Early Federal Pell Grant Commitment

Page 872 TITLE 20—EDUCATION § 1161y (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 Secretary of Education pursuant to part H of subchapter IV; (B) a public or nonprofit, department of comparative medicine, department of veteri- nary science, school of public health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education pursuant to part H of subchapter IV and that offers graduate training for vet- erinarians in a public health practice area as determined by the Secretary of Health and Human Services; or (C) a public or nonprofit entity that— (i) conducts recognized residency train- ing programs for veterinarians that are ap- proved by a veterinary specialty organiza- tion that is recognized by the American Veterinary Medical Association; and (ii) offers postgraduate training for vet- erinarians 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 appli- cations under subsection (b)(2) are rigorously re- viewed and that grants are competitively award- ed based on— (1) the ability of the applicant to increase the number of veterinarians who are trained in specified public health practice areas as deter- mined 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 nec- essary. (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 veteri- nary science, school of public health, school of medicine, or residency training program that of- fers 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 expan- sion of academic programs at schools of veteri- nary medicine, departments of comparative medicine, departments of veterinary science, or entities offering residency training programs, or academic programs that offer postgraduate training for veterinarians or concurrent train- ing for veterinary students in specific areas of specialization, which costs may include minor renovation and improvement in classrooms, li- braries, and laboratories. (f) Definition of public health practice area In this section, the term ‘‘public health prac- tice area’’ includes the areas of bioterrorism and emergency preparedness, environmental health, food safety and food security, regulatory medi- cine, diagnostic laboratory medicine, and bio- medical research. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. Amounts appropriated under this subsection shall remain available until expended. (Pub. L. 89–329, title VIII, § 893, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3439.) PART Y—EARLY FEDERAL PELL GRANT COMMITMENT DEMONSTRATION PROGRAM § 1161y. Early Federal Pell Grant Commitment Demonstration Program (a) Demonstration program authority (1) In general The Secretary is authorized to carry out an Early Federal Pell Grant Commitment Dem- onstration Program under which— (A) the Secretary awards grants to four State educational agencies, in accordance with paragraph (2), to pay the administra- tive expenses incurred in participating in the demonstration program under this sec- tion; and (B) the Secretary awards Federal Pell Grants to participating students in accord- ance with this section and consistent with section 1070a of this title. (2) Grants (A) In general From amounts appropriated under sub- section (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 administra- tive expenses incurred in participating in the demonstration program under this sec- tion by carrying out a demonstration project under which eighth grade students described in subsection (b)(1)(B) receive a commitment early in the students’ 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 agen- cies. (b) Demonstration project requirements Each of the four demonstration projects as- sisted under this section shall meet the fol- lowing requirements: Page 873 TITLE 20—EDUCATION § 1161y (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 aca- demic year for which funds have been ap- propriated to carry out this section; and (ii) one cohort of eighth grade students who begin participating in the academic year succeeding the academic year de- scribed in clause (i). (B) Students in each cohort Each cohort of students 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 agen- cies serving students who participate in the demonstration project, as well as student data from local educational agencies serving a com- parable group of students who do not partici- pate in the demonstration project, are avail- able for evaluation of the demonstration project, and are made available in accordance with the requirements of section 1232g of this title (commonly known as the ‘‘Family Edu- cational Rights and Privacy Act of 1974’’). (3) Federal Pell Grant commitment Each student who participates in the dem- onstration project receives a commitment 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 fi- nancial aid (via the FAFSA or EZ FAFSA) for such academic year. (4) Application process Each State educational agency shall estab- lish an application process to select local edu- cational agencies within the State to partici- pate in the demonstration project in accord- ance with subsection (d)(2). (5) Local educational agency participation Subject to the 10,000 statewide student limi- tation described in paragraph (1), a local edu- cational agency serving students, not less than 50 percent of whom are eligible for a free or reduced price school lunch under the Rich- ard 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.), shall be eligible to participate 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 re- ceive a Federal Pell Grant under this sec- tion; (C) an assurance that the State edu- cational agency will fully cooperate with the ongoing evaluation of the demonstration project; and (D) such other information as the Sec- retary may require. (d) Selection considerations (1) Selection of State educational agencies In selecting State educational agencies to participate in the demonstration program under this section, the Secretary shall con- sider— (A) the number and quality of State edu- cational 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 Sec- ondary Education Act of 1965 [20 U.S.C. 6311 et seq.]; (iv) ability and plans to run an effective and thorough targeted information cam- paign for students served by local edu- cational agencies eligible to participate in the demonstration project; and (v) ability to ensure the participation in the demonstration project of a diverse group of students, including with respect to ethnicity and gender. (2) Local educational agency In selecting local educational agencies to participate in a demonstration project under this section, the State educational agency shall consider— (A) the number and quality of local edu- cational 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 thorough targeted information cam- paign for students served by the local edu- cational agency; and (v) ability to ensure the participation in the demonstration 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 Page 874 TITLE 20—EDUCATION § 1161y 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 pro- gram to pursue higher education; (B) identify the barriers to the effective- ness 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 demonstration program either re- ceived or did not receive a Federal Pell Grant; (E) identify intermediate outcomes related to postsecondary education attendance, such as whether participants— (i) were more likely to take a college- preparatory curriculum while in secondary school; (ii) submitted any applications to insti- tutions of higher education; and (iii) took the PSAT, SAT, or ACT; (F) identify the number of students par- ticipating in the demonstration program who pursued an associate’s degree or a bach- elor’s degree, or other postsecondary edu- cation; (G) compare the findings of the demonstra- tion program with respect to participants to comparison groups (of similar size and demo- graphics) that did not participate in the demonstration program; and (H) identify the impact of the demonstra- tion program on the parents of students eli- gible to participate in the program. (4) Dissemination The findings of the evaluation shall be re- ported to the Secretary, who shall widely dis- seminate 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 participating local educational agen- cies within the State and the Secretary, de- velop a targeted information campaign for the demonstration project assisted under this sec- tion. (2) Plan Each State educational agency receiving a grant under this section shall include in the application submitted under subsection (c) a written plan for the State educational agency proposed targeted information campaign. The plan shall include the following: (A) Outreach A description of the outreach to students and the students’ families at the beginning and end of each academic year of the dem- onstration project, at a minimum. (B) Distribution A description of how the State educational agency plans to provide the outreach de- scribed in subparagraph (A) and to provide the information described in subparagraph (C). (C) Information The annual provision by the State edu- cational agency to all students and families participating in the demonstration project of information regarding— (i) the estimated statewide average cost of attendance 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-grant- ing institutions of higher education; (II) component, including— (aa) tuition and fees; and (bb) room and board; (ii) Federal Pell Grants, including— (I) the Federal Pell Grant amount, de- termined under section 1070a(b)(2)(A) of this title, for which a student may be eli- gible for each award year; (II) when and how to apply for a Fed- eral Pell Grant; and (III) what the application process for a Federal Pell Grant requires; (iii) State-specific postsecondary edu- cation 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 explanation of the Federal financial aid programs under subchapter 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 stu- dents’ 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 re- ceived each fiscal year to carry out the tar- geted information campaign described in this subsection. (g) Supplement, not supplant A State educational agency shall use grant funds received under this section only to supple- ment the funds that would, in the absence of such grant funds, be made available from non- Page 875 TITLE 20—EDUCATION § 1161aa Federal sources for students participating in the demonstration project under this section, and not to supplant such funds. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VIII, § 894, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3440; amended Pub. L. 111–39, title VIII, § 801(14), July 1, 2009, 123 Stat. 1956; Pub. L. 111–152, title II, § 2101(b)(6), Mar. 30, 2010, 124 Stat. 1073.) Editorial Notes REFERENCES IN TEXT The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(1)(B), (5), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (b)(1)(B), (5), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(1)(B)(iii), (2)(B)(iii), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. AMENDMENTS 2010—Subsec. (f)(2)(C)(ii)(I). Pub. L. 111–152 sub- stituted ‘‘the Federal Pell Grant amount, determined under section 1070a(b)(2)(A) of this title, for which a student may be eligible for each award year’’ for ‘‘the maximum Federal Pell Grant for each award year’’. 2009—Subsec. (b)(2). Pub. L. 111–39 substituted ‘‘com- monly known as the ‘Family Educational Rights and Privacy Act of 1974’ ’’ for ‘‘the Family Educational Rights and Privacy Act of 1974’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–152 effective July 1, 2010, see section 2101(c) of Pub. L. 111–152, set out as a note under section 1070a of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–39 effective as if enacted on the date of enactment of Pub. L. 110–315 (Aug. 14, 2008), see section 3 of Pub. L. 111–39, set out as a note under section 1001 of this title. PART Z—HENRY KUUALOHA GIUGNI KUPUNA MEMORIAL ARCHIVES § 1161z. Henry Kuualoha Giugni Kupuna Memo- rial Archives (a) Grants authorized From the amounts appropriated under sub- section (c), the Secretary is authorized to award a grant to the University of Hawaii Academy for Creative Media for the establishment, mainte- nance, and periodic modernization of the Henry Kuualoha Giugni Kupuna Memorial Archives at the University 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 sig- nificance to the United States for preservation and access by future generations; (2) to award scholarships to facilitate access to postsecondary education for students who cannot afford such education; (3) to support programmatic efforts associ- ated 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 Na- tive American Indians; (5) to develop outreach initiatives that in- troduce the archival collections to elementary schools and secondary schools; (6) to develop supplemental web-based re- sources that define terms and cultural prac- tices innate to Native Hawaiians; (7) to rent, lease, purchase, maintain, or re- pair educational facilities to house the archi- val collections; (8) to rent, lease, purchase, maintain, or re- pair computer equipment for use by elemen- tary schools and secondary schools in access- ing 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 indig- enous students, such as Native Hawaiians, Alaskan Natives, and Native American Indi- ans, in order to— (A) facilitate greater understanding by teachers of the unique background of indige- nous 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 decisionmaking. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be nec- essary for fiscal year 2009 and each of the five succeeding fiscal years. (Pub. L. 89–329, title VIII, § 895, as added Pub. L. 110–315, title VIII, § 801, Aug. 14, 2008, 122 Stat. 3445.) PART AA—MASTERS AND POSTBACCALAUREATE PROGRAMS § 1161aa. Masters degree programs In addition to any amounts appropriated under section 1136c of this title, there are au-