Page:United States Statutes at Large Volume 121.djvu/842

 PUBLIC LAW 110–84—SEPT. 27, 2007

121 STAT. 821

dkrause on GSDDPC44 with PUBLAW

‘‘(ii) which for the purpose of this paragraph and for that year was determined by the Secretary (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 counted under a measure of poverty described in section 1113(a)(5) of such Act exceeds 30 percent of the total enrollment of such school; or ‘‘(D) are first-generation college students (as that term is defined in section 402A(g)), and a majority of such firstgeneration college students are low-income individuals. ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low-income individual’ has the meaning given such term in section 402A(g). ‘‘(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 programs’ 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) NATIVE AMERICAN.—The term ‘Native American’ means an individual who is of a tribe, people, or culture that is indigenous to the United States. ‘‘(7) 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. ‘‘(8) NATIVE AMERICAN-SERVING NONTRIBAL INSTITUTION.— The term ‘Native American-serving nontribal institution’ means an institution of higher education that— ‘‘(A) at the time of application— ‘‘(i) has an enrollment of undergraduate students that is not less than 10 percent Native American students; and ‘‘(ii) is not a Tribal College or University (as defined in section 316); and ‘‘(B) submits to the Secretary such enrollment data as may be necessary to demonstrate that the institution is described in subparagraph (A), along with such other information and data as the Secretary may by regulation require. ‘‘(9) PREDOMINANTLY BLACK INSTITUTION.—The term ‘Predominantly Black institution’ means an institution of higher education that— ‘‘(A) has an enrollment of needy students as defined by paragraph (3); ‘‘(B) has an average educational and general expenditure which 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 of higher education 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 requirements to section 312(b)(1)(B); ‘‘(C) has an enrollment of undergraduate students— ‘‘(i) that is at least 40 percent Black American students;

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