12 2 STA T .3 3 59PUBLIC LA W 11 0– 315 — AU G .1 4, 200 8‘ ‘ (2)DEFIN I T I O NOFE L I G I B LE S T UD ENT .—Inthis s ub s ec ti o n , the te rm ‘e l i g ible stu d ent ’ me a ns an indi v idual w ho is enrolled asa f ull - time or p art-time student at an institution of higher education (as defined in section 10 2) and is— ‘‘( A ) a dependent student who is a child of— ‘‘(i) an individual who is— ‘‘(I) serving on active dut y during a war or other military operation or national emergency (as defined in section 48 1)
or ‘‘(II) performing q ualifying N ational G uard 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 S eptember 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 )A WAR DING OF S CH OLARSHI P S.—Scholarships awarded under this subsection shall be awarded based on need with priority given to eligible students who are eligible to receive F ederal P ell Grants under subpart 1 of part A of title I V . ‘‘(4) M A X I M UM SCHOLARSHIP AMOUNT.— T he ma x imum 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 4 7 2). ‘‘(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 organi z ation 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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