[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2795 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2795

To provide for higher education affordability, access, and opportunity.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2004

 Mr. Enzi (for himself, Mr. Baucus, Mr. Alexander, Mrs. Dole, and Mr. 
  Lieberman) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To provide for higher education affordability, access, and opportunity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Higher Education Affordability, 
Access, and Opportunity Act of 2004''.

SEC. 2. IMPROVEMENTS IN MARKET INFORMATION AND PUBLIC ACCOUNTABILITY.

    (a) Data Dissemination.--Section 131(b) of the Higher Education Act 
of 1965 (20 U.S.C. 1015(b)) is amended to read as follows:
    ``(b) Comparative Data.--
            ``(1) In general.--Each year the Secretary shall make 
        available to the public the information described in paragraph 
        (2), disaggregated by institution of higher education, in a 
        form that enables the public to compare the information among 
        institutions.
            ``(2) Information.--The information referred to in 
        paragraph (1) is the following:
                    ``(A) Tuition and fees for a full-time 
                undergraduate student.
                    ``(B) Cost of attendance for a full-time 
                undergraduate student.
                    ``(C) The average annual cost of attendance for a 
                full-time undergraduate student for the 10 preceding 
                academic years, or if data are not available for the 10 
                preceding academic years, data for as many of the 10 
                preceding academic years as is available.
                    ``(D) The percentage of full-time undergraduate 
                students receiving financial assistance, including--
                            ``(i) Federal grants;
                            ``(ii) State and local grants;
                            ``(iii) institutional grants; and
                            ``(iv) loans to students.
                    ``(E) The average percentage of credit hours 
                accepted from students transferring to an institution 
                of higher education from another institution of higher 
                education, and the policy of the accepting institution 
                of higher education for the transfer of credit.
                    ``(F) The percentage of students who have completed 
                an undergraduate program who are placed in unsubsidized 
                employment not later than 12 months after the date of 
                completion of the program.
                    ``(G) A ranking of the dollar and percentage 
                increases in tuition for all institutions of higher 
                education for which data are available, disaggregated 
                by quartile.
            ``(3) Standard definitions.--In carrying out this section, 
        the Secretary shall use the standard definitions developed 
        under subsection (a)(3).''.
    (b) Study and Annual Report.--Section 131(c) of the Higher 
Education Act of 1965 (20 U.S.C. 1015(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``and costs'' after ``expenditures'';
                    (B) in subparagraph (F), by striking ``and'' after 
                the semicolon;
                    (C) in subparagraph (G), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(H) the information and costs described in 
                subparagraphs (D) through (G) of paragraph (2).'';
            (2) in paragraph (2)--
                    (A) in subparagraph (B), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                    ``(D) national trends in the cost of attending an 
                institution of higher education;
                    ``(E) the mean cost of attending an institution of 
                higher education, disaggregated by type of institution 
                of higher education;
                    ``(F) the mean annual cost of attending an 
                institution of higher education for the 10 preceding 
                academic years (if available), disaggregated by type of 
                institution of higher education; and
                    ``(G) the assistance provided to institutions of 
                higher education by each State, which information the 
                Secretary shall make available to the public.''; and
            (3) in paragraph (3)--
                    (A) in the subsection heading, by striking 
                ``Final'' and inserting ``Annual'';
                    (B) by striking ``a report'' and inserting ``an 
                annual report'';
                    (C) by inserting ``and the evaluation required by 
                paragraph (2)'' after ``paragraph (1)''; and
                    (D) by striking ``not later than September 30, 
                2002''.

SEC. 3. TEACHER QUALITY ENHANCEMENT GRANTS.

    (a) Definition of High Need Local Educational Agency.--Section 
201(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1021(b)(2)) is 
amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``that serves an elementary school or secondary school located 
        in an area in which there is'';
            (2) in each of subparagraphs (A), (B), and (C), by 
        inserting ``that serves an elementary school or secondary 
        school located in an area in which there is'' before ``a 
        high'';
            (3) in subparagraph (B) (as so amended), by striking ``or'' 
        after the semicolon;
            (4) in subparagraph (C) (as so amended), by striking the 
        period and inserting ``; or''; and
            (5) by adding at the end the following:
                    ``(D) with a total of less than 600 students in 
                average daily attendance at the schools that are served 
                by the local educational agency and all of those 
                schools are designated with a school locale code of 7 
                or 8, as determined by the Secretary.''.
    (b) Definition of Eligible Partnerships.--Section 203(b)(1)(B) of 
the Higher Education Act of 1965 (20 U.S.C. 1023(b)(1)(B)) is amended 
by inserting ``educational service agency (as defined in section 9101 
of the Elementary and Secondary Education Act of 1965),'' after ``State 
educational agency,''.

SEC. 4. GRANTS FOR JOB SKILL TRAINING.

    Title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et 
seq.) is amended--
            (1) by redesignating part F as part G; and
            (2) by inserting after part E the following:

                      ``PART F--JOB SKILL TRAINING

     ``Subpart 1--Job Skill Training in High-Growth Occupations or 
                               Industries

``SEC. 371. JOB SKILL TRAINING IN HIGH-GROWTH OCCUPATIONS OR 
              INDUSTRIES.

    ``(a) Grants Authorized.--The Secretary is authorized to award 
grants, on a competitive basis, to eligible partnerships to enable the 
eligible partnerships to provide relevant job skill training in high-
growth industries or occupations.
    ``(b) Definitions.--In this section:
            ``(1) Eligible partnership.--The term `eligible 
        partnership' means a partnership--
                    ``(A) between an institution of higher education 
                and a local board (as such term is defined in section 
                101 of the Workforce Investment Act of 1998); or
                    ``(B) if an institution of higher education is 
                located within a State that does not operate local 
                boards, between the institution of higher education and 
                a State board (as such term is defined in section 101 
                of the Workforce Investment Act of 1998).
            ``(2) Nontraditional student.--The term `nontraditional 
        student' means a student who--
                    ``(A) is independent, as defined in section 480(d);
                    ``(B) attends an institution of higher education--
                            ``(i) on less than a full-time basis;
                            ``(ii) via evening, weekend, modular, or 
                        compressed courses; or
                            ``(iii) via distance learning methods; or
                    ``(C) has delayed enrollment at an institution of 
                higher education.
            ``(3) Institution of higher education.--The term 
        `institution of higher education' means an institution of 
        higher education, as defined in section 101(b), that offers a 
        1- or 2-year program of study leading to a degree or 
        certificate.
    ``(c) Application.--
            ``(1) In general.--Each eligible partnership that desires a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        additional information as the Secretary may require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall include a description of--
                    ``(A) how the eligible partnership, through the 
                institution of higher education, will provide relevant 
                job skill training for students to enter high-growth 
                occupations or industries;
                    ``(B) local high-growth occupations or industries; 
                and
                    ``(C) the need for qualified workers to meet the 
                local demand of high-growth occupations or industries.
    ``(d) Award Basis.--In awarding grants under this section, the 
Secretary shall--
            ``(1) ensure an equitable distribution of grant funds under 
        this section among urban and rural areas of the United States; 
        and
            ``(2) take into consideration the capability of the 
        institution of higher education--
                    ``(A) to offer relevant, high quality instruction 
                and job skill training for students entering a high-
                growth occupation or industry;
                    ``(B) to involve the local business community and 
                to place graduates in the community in employment in 
                high-growth occupations or industries;
                    ``(C) to assist students in obtaining loans under 
                section 428L, if appropriate, or other forms of student 
                financial assistance;
                    ``(D) to serve nontraditional or low-income 
                students, or adult or displaced workers; and
                    ``(E) to serve students from rural or remote 
                communities.
    ``(e) Use of Funds.--Grant funds provided under this section may be 
used--
            ``(1) to expand or create academic programs or programs of 
        training that provide relevant job skill training for high-
        growth occupations or industries;
            ``(2) to purchase equipment which will facilitate the 
        development of academic programs or programs of training that 
        provide training for high-growth occupations or industries;
            ``(3) to support outreach efforts that enable students to 
        attend institutions of higher education with academic programs 
        or programs of training focused on high-growth occupations or 
        industries;
            ``(4) to expand or create programs for distance, evening, 
        weekend, modular, or compressed learning opportunities that 
        provide relevant job skill training in high-growth occupations 
        or industries;
            ``(5) to build partnerships with local businesses in high-
        growth occupations or industries; and
            ``(6) for other uses that the Secretary determines to be 
        consistent with the intent of this section.
    ``(f) Requirements.--
            ``(1) Fiscal agent.--For the purpose of this section, the 
        institution of higher education in an eligible partnership 
        shall serve as the fiscal agent and grant recipient for the 
        eligible partnership.
            ``(2) Duration.--The Secretary shall award grants under 
        this section for a 1-year period.
            ``(3) Availability of grant funds.--Grant funds awarded 
        under this section shall be available for not more than 18 
        months unless, at the Secretary's discretion, the Secretary 
        extends the availability of the grant funds.
            ``(4) Supplement, not supplant.--Funds made available under 
        this section shall be used to supplement and not supplant other 
        Federal, State, and local funds available to the eligible 
        partnership for carrying out the activities described in 
        subsection (e).

       ``Subpart 2--Small Business Innovation Partnership Grants

``SEC. 375. SMALL BUSINESS INNOVATION PARTNERSHIP GRANTS.

    ``(a) Grants Authorized.--The Secretary is authorized to award 
grants to eligible partnerships to enable the eligible partnerships to 
provide training and relevant job skills to small business owners or 
operators for the purpose of facilitating small business development in 
the communities served by the eligible partnerships.
    ``(b) Definition of Eligible Partnership.--In this section the term 
`eligible partnership' means a partnership between or among an 
institution of higher education and 1 or more entities that the 
Secretary, in consultation with the Administrator of the Small Business 
Administration, identifies as facilitating small business development, 
which may include--
            ``(1) a community development financial institution;
            ``(2) a small business development center; or
            ``(3) a microenterprise lending institution.
    ``(c) Award Basis.--The Secretary shall award grants under this 
section on the basis of--
            ``(1) the ability of an eligible partnership to facilitate 
        small business development; and
            ``(2)(A) the ability of an eligible partnership to serve a 
        rural community;
            ``(B) the ability of an eligible partnership to serve a 
        low-income population; or
            ``(C) other criteria developed by the Secretary in 
        consultation with the Administrator of the Small Business 
        Administration.
    ``(d) Limitation.--Of the funds appropriated under section 378 for 
this part for a fiscal year, the Secretary is authorized to use not 
more than $15,000,000 of such funds to carry out this section.

                 ``Subpart 3--Administrative Provisions

``SEC. 378. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$65,000,000 for fiscal year 2005 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.''.

SEC. 5. LEAP APPLICATIONS.

    Section 415C of the Higher Education Act of 1965 (20 U.S.C. 1070c-
2) is amended--
            (1) in subsection (a), by inserting after the first 
        sentence the following: ``A State agency may submit an 
        application under this section in partnership with a 
        philanthropic organization within the State, a public or 
        private degree granting institution of higher education within 
        the State, or a combination of such organizations or 
        institutions.''; and
            (2) in subsection (b)(10), by inserting ``, from 
        philanthropic, institutional, or private funds, or from a 
        combination of such sources'' before the period.

SEC. 6. WORKFORCE DEVELOPMENT LOAN PROGRAM.

    Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 
1071 et seq.) is amended by inserting after section 428K (20 U.S.C. 
1078-11) the following:

``SEC. 428L. HIGH-GROWTH OCCUPATION OR INDUSTRY WORKFORCE DEVELOPMENT 
              STUDENT LOANS.

    ``(a) Loan Program Authorized.--The Secretary shall carry out a 
loan program under which eligible students may receive a loan of not 
more than $2,000 for each of the first 2 years of the eligible 
students' undergraduate program of study in the same manner as the 
eligible students receive loans under this part and part D.
    ``(b) Definitions.--
            ``(1) Eligible institution of higher education.--The term 
        `eligible institution of higher education' means an institution 
        of higher education that offers undergraduate academic programs 
        or undergraduate programs of training in a subject identified 
        under subsection (d)(1) by the State board of the State where 
        the institution of higher education is located.
            ``(2) Eligible student.--The term `eligible student' means 
        an undergraduate student who--
                    ``(A) is otherwise eligible for a loan under this 
                part or part D;
                    ``(B) enters into an agreement with the eligible 
                institution of higher education where the student is or 
                will be in attendance, under which the student agrees 
                to pursue an undergraduate academic program or 
                undergraduate program of training that trains the 
                student for employment in a high-growth occupation or 
                industry identified under subsection (d)(1);
                    ``(C) is age 18 or older; and
                    ``(D) has an expected family contribution 
                (calculated under part F) equal to or less than zero.
            ``(3) State board; local board.--The terms `State board' 
        and `local board' have the meanings given such terms in section 
        101 of the Workforce Investment Act of 1998.
    ``(c) Limits on Loan Amounts.--
            ``(1) Annual loan limits.--The total aggregate amount of 
        loans made to an eligible student under this part (including 
this section) and part D for each of the first and second years of the 
eligible student's program of study at an eligible institution of 
higher education, or their equivalent (as determined by the Secretary), 
that may be covered by Federal loan insurance may not exceed $4,625 for 
each such year, notwithstanding sections 425 and 428.
            ``(2) Aggregate limits.--The Secretary shall include the 
        amount of any loans received by an eligible student under this 
        section in calculating the eligible student's aggregate loan 
        limits under sections 425(a)(2) and 428(b)(1)(B).
            ``(3) Availability of other funds.--An eligible student who 
        receives the maximum loan amount allowed under this section 
        remains eligible for any other program for which the eligible 
        student qualifies under this Act.
    ``(d) Identification of High-Growth Occupations or Industries.--
            ``(1) In general.--The State board, in consultation with 
        the local boards and the State entity or agency responsible for 
        licensing institutions of higher education, shall identify high 
        growth occupations or industries in accordance with paragraph 
        (2).
            ``(2) Timing.--The State board shall review and update the 
        identification required under paragraph (1) each time the State 
        board is required to submit or resubmit a State plan under 
        section 112 of the Workforce Investment Act of 1998.
            ``(3) Special rule.--A student who has completed 1 year of 
        a 2-year undergraduate academic program or undergraduate 
        program of training in a subject which was previously 
        identified as preparation for a high-growth occupation or 
        industry but, after the review under paragraph (2), is no 
        longer so identified, shall be eligible to receive a loan under 
        this section for the student's second year of such program of 
        study if the student--
                    ``(A) qualified as an eligible student, as defined 
                in subsection (b)(2), and received a loan under this 
                section, for the first year of such program of study; 
                and
                    ``(B) meets the qualifications of subparagraphs 
                (A), (C), and (D) of subsection (b)(2).
    ``(e) Funds for Administration.--
            ``(1) In general.--From funds appropriated under subsection 
        (f), the Secretary shall make available to each eligible 
        institution of higher education serving an eligible student 
        with a loan made under this section not more than the amount 
        determined under paragraph (2).
            ``(2) Amount.--The amount referred to in paragraph (1) for 
        each eligible institution of higher education serving an 
        eligible student with a loan made under this section is 2 
        percent of the total amount of all loans made under this 
        section to eligible students at the eligible institution of 
        higher education, or $100,000, whichever is less.
            ``(3) Uses.--The funds made available under paragraph (1) 
        may be used for the following purposes:
                    ``(A) Office.--To create an office of business and 
                workforce partnerships at the eligible institution of 
                higher education to provide staff support for building 
                relationships between the eligible institution of 
                higher education and local businesses.
                    ``(B) Annual report.--To provide an annual report 
                to the Secretary regarding the number of eligible 
                students receiving loans made under this section who--
                            ``(i) remain in their academic program or 
                        program of training;
                            ``(ii) graduate from their academic program 
                        or program of training;
                            ``(iii) transfer to another institution of 
                        higher education; or
                            ``(iv) are placed in unsubsidized 
                        employment not later than 12 months after 
                        graduation.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section such sums as may be necessary 
for fiscal year 2005 and each of the 4 succeeding fiscal years.''.

SEC. 7. REQUIREMENT RELATING TO CREDIT TRANSFER.

    (a) Program Participation Agreements.--Section 487(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the 
end the following:
            ``(24) The institution will not exclude the transfer of 
        credits earned by a student completing courses or programs at 
        other eligible institutions of higher education solely on the 
        basis of the agency or association that accredited such other 
        eligible institution if that agency or association is 
        recognized by the Secretary pursuant to section 496 to be a 
        reliable authority as to the quality of the education or 
        training offered and is currently listed by the Secretary 
        pursuant to section 101(c).''.
    (b) Accrediting Agency and Association Requirements.--Section 
496(a) (20 U.S.C. 1099b(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) such agency or association not adopt or apply 
        standards, policies, or practices that restrict or deny the 
        transfer of credits earned by a student completing courses or 
        programs at other eligible institutions of higher education 
        solely on the basis of the agency or association that 
        accredited such other eligible institution if that agency or 
        association is recognized by the Secretary pursuant to this 
        section to be a reliable authority as to the quality of the 
        education or training offered and is currently listed by the 
        Secretary pursuant to section 101(c).''.
    (c) Accrediting Agency Standards.--Section 496(a)(5) of the Higher 
Education Act of 1965 (20 U.S.C. 1099b(a)(5)) is amended--
            (1) by striking ``and'' at the end of subparagraph (I);
            (2) by inserting ``and'' after the semicolon at the end of 
        subparagraph (J); and
            (3) by inserting after subparagraph (J) the following new 
        subparagraph:
                    ``(K) policies for the transfer of credit and the 
                notification of the public of such policies;''.
                                 <all>