Pub. L. 110-315, tit. IV, pt. A, sec. 401
FEDERAL PELL GRANTS.
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 associate or baccalaureate degree or a certificate.122 STAT. 3189“(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 completion of a period of incarceration for a forcible or nonforcible sexual offense (as determined in accordance with the Federal 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 follows:“(D) Program requirements and operations otherwise 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 operations for the determination and allocation of Federal Pell Grants under this section.”; and(ii) by amending subparagraph (F) to read as follows:“(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 equivalent 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 122 STAT. 3190 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 institution 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 subparagraph (B).”.(2) Effective date.—The amendment made by paragraph (1) shall take effect on July 1, 2009.