Page:United States Statutes at Large Volume 122.djvu/3441

 12 2 STA T .34 1 8PUBLIC LA W 11 0– 31 5— AU G .14 , 2008 ‘ ‘ (1 1 )demonstra tea c omm i tment to ser v in gu nderserved p opu l ations at t h e institution and ‘‘(1 2 ) include such other in f ormation as ma yb e necessary to carry out the provisions of this part . ‘‘(c) DURATION O FG RANT S FED ERA LSH ARE. — ‘‘(1) DURATION OF G RANTS.— N o 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.— T he Federal share of a grant under subsection (a)(1)(A) may not e x ceed— ‘‘(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) 4 0 percent of such cost in the fourth such year; and ‘‘( E ) 25 percent of such cost in the fifth such year. ‘‘( 3 )S P E C IAL RULE.—Not w ithstanding any other provision of law, the Secretary may not waive the provisions of para - graphs (1) and (2). ‘‘(d) M AINTENANCE OF EFFORT.— I f 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 ma k e 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 formali z ed 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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